Criminal Law (Art 238-365).Printable

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 238. ABANDONMENT OF OFFICE OR POSITION.

ELEMENTS: 1. That the offender is a public officer; 2. That he formally resigns from his position; 3. That his resignation has not yet been

accepted; and 4. That he abandons his office to the

detriment of the public service. There must be formal or written resignation. The offense is qualified if the purpose

behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. In this case, the penalty is higher. This involves the following crimes: a. treason b. conspiracy and proposal to commit

conspiracy c. misprision of treason d. espionage e. inciting to war or giving motives to

reprisals f. violation of neutrality g. correspondence with hostile country h. flight to enemy country i. piracy and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit

rebellion l. disloyalty to public officers m. inciting to rebellion n. sedition o. conspiracy to commit sedition p. inciting to sedition

ABANDONMENT OF

OFFICE OR POSITION (238)

DERELICTION OF DUTY (208)

There is actual abandonment through resignation to evade the discharge of duties.

Public officer does not abandon his office but merely fails to prosecute a violation of the law.

ARTICLE 239. USURPATION OF LEGISLATIVE POWERS.

ELEMENTS: 1. That the offender is an executive or judicial

officer; and

2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof.

ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS.

ELEMENTS: 1. That the offender is a judge; and 2. That he (a) assumes a power pertaining to

the executive authorities, or (b) obstructs executive authorities in the lawful exercise of their powers.

Legislative officers are not liable for

usurpation of executive functions

ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS.

ELEMENTS: 1. That the offender is an officer of the

executive branch of the government; and 2. That he (a) assumes judicial powers, or (b)

obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

A mayor is guilty under this article when he

investigates a case while a justice of the peace is in the municipality.

ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION.

ELEMENTS: 1. That the offender is a public officer; 2. That a proceeding is pending before such

public officer; 3. That there is a question brought before the

proper authority regarding his jurisdiction, which is not yet decided;

4. That he has been lawfully required to refrain from continuing the proceeding; and

5. That he continues the proceeding.

ARTICLE 243. ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY

JUDICIAL AUTHORITY.

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ELEMENTS: 1. That the offender is an executive officer; 2. That he addresses any order or suggestion

to any judicial authority; and 3. That the order or suggestion relates to any

case or business coming within the exclusive jurisdiction of the courts of justice.

Legislative or judicial officers are not liable

under this article.

ARTICLE 244. UNLAWFUL APPOINTMENTS. ELEMENTS:

1. That the offender is a public officer; 2. That he nominates or appoints a person to

a public office; 3. That such person lacks the legal

qualification therefor; and 4. That the offender knows that his nominee or

appointee lacks the qualification at the time he made the nomination or appointment.

Recommending, knowing that the person

recommended is not qualified, is not a crime.

There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.

ARTICLE 245. ABUSES AGAINST CHASTITY

The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: ELEMENTS:

1. That the offender is a public officer; 2. That he solicits or makes immoral or

indecent advances to a woman; and 3. That such woman must be

a. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or

b. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or

c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

The mother of the person in the custody of

the public officer is not included. To solicit means to propose earnestly and

persistently something unchaste and immoral to a woman.

The advances must be immoral or indecent. The crime is consummated by mere

proposal. Proof of solicitation is not necessary

when there is sexual intercourse.

TITLE EIGHT CRIMES AGAINST PERSONS

Chapter One DESTRUCTION OF LIFE

ARTICLE 246. PARRICIDE. ELEMENTS:

1. That a person is killed; 2. That the deceased is killed by the accused; 3. That the deceased is the

a. father, mother, or b. child, whether legitimate or illegitimate, or c. legitimate other ascendant or other

descendant, or d. legitimate spouse of the accused.

The relationship of the offender with the

victim is the essential element of parricide. Parents and children are not included in the

term ascendants or descendants. The other ascendant or descendant must be

legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate.

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

Relationship must be alleged and proved. A stranger who cooperates in committing

parricide is liable for murder or homicide. Even if the offender did not know that the

person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship.

ARTICLE 247. DEATH OR PHYSICAL INJURIES

UNDER EXCEPTIONAL CIRCUMSTANCES.

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ELEMENTS:

1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person;

2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; and

3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

This article does not define or penalize a

felony, the penalty is destierro. It is not necessary that the parent be

legitimate for the application of this article. This article applies only when the daughter is

single. Surprise means to come upon suddenly or

unexpectedly. Art. 247 is applicable even when the accused

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

Sexual intercourse does not include preparatory acts.

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

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

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

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

ARTICLE 248. MURDER

ELEMENTS:

1. That a person was killed; 2. That the accused killed him;

3. That the killing was attended by any of the following qualifying circumstances: a. with treachery, taking advantage of

superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity,

b. in consideration of price, reward or promise,

c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin,

d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity,

e. with evident premeditation, or f. with cruelty, by deliberately and

inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse; and

4. The killing is not parricide or infanticide. The victim must be killed in order to

consummate the offense. Otherwise, it would be attempted or frustrated murder.

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

That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating.

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

Treachery and premeditation are inherent in murder with the use of poison.

PEOPLE vs. SANTOS, GR 127492, 1/16/04 A sudden and unexpected attack under circumstances which render the victim unable to defend himself by reason of the suddenness and severity of the attack constitutes alevosia. PEOPLE vs. ERIC GUILLERMO, GR 147786, 1/20/04

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

ARTICLE 249. HOMICIDE. ELEMENTS:

1. That a person was killed; 2. That the accused killed him without any

justifying circumstances; 3. That the accused had the intention to kill,

which is presumed; and 4. That the killing was not attended by any of

the qualifying circumstances of murder, or by that of parricide or infanticide.

Intent to kill is conclusively presumed when

death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide.

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

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

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

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

Corpus delicti actual commission of crime charged

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

contemplated upon the mode to insure the killing. The crime committed by appellant is homicide. GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04 No error was committed by the trial court in characterizing the felonious assault as frustrated homicide and convicting appellant therefor. The appellant acted with intent to kill in firing the gun at Miguel. Usually, the intent to kill is shown by the kind of weapon used by the offender and the parts of the victims body at which the weapon was aimed, as shown by the wounds inflicted. ARADILLOS vs. COURT OF APPEALS G.R. No. 135619, 1/15/04 An accused may be convicted of slight, less serious or serious physical injuries in a prosecution for homicide or murder, inasmuch as the infliction of physical injuries could lead to any of the latter offenses when carried to its utmost degree despite the fact that an essential requisite of the crime of homicide or murder - intent to kill - is not required in a prosecution for physical injuries.

ARTICLE 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE.

ARTICLE 251. DEATH IN A TUMULTUOUS AFFRAY..

ELEMENTS:

1. That there be several persons; 2. That they did not compose groups

organized for the common purpose of assaulting and attacking each other reciprocally;

3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner;

4. That someone was killed in the course of the affray;

5. That it cannot be ascertained who actually killed the deceased; and

6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

Tumultuous affray exists when at least 4

persons take part in it. When there are 2 identified groups of men

who assaulted each other, there is no tumultuous affray.

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The person killed need not be a participant in the affray

Those who used violence are liable for death caused in a tumultuous affray only if it cannot be determined who inflicted the serious physical injuries on the deceased

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

PERSONS LIABLE:

1. person/s who inflicted serious physical injuries

2. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim.

ARTICLE 252. PHYSICAL INJURIES INFLICTED IN

A TUMULTUOUS AFFRAY. ELEMENTS:

1. That there is a tumultuous affray as referred to in the preceding article;

2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only;

3. That the person responsible therefor cannot be identified; and

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

Persons liable: All those who have used

violence on the person of the offended party. Injured party must be a participant of the

tumultous affray If the one who caused physical injuries are

known, he will be liable for physical injuries actually committed

Slight physical injuries not included ARTICLE 253. GIVING ASSISTANCE TO SUICIDE. ACTS PUNISHABLE:

1. Assisting another to commit suicide, whether the suicide is consummated or not.

2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.

A person who attempts to commit suicide is

not criminally liable.

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

Assistance to suicide is different from mercy-killing. Euthanasia or mercy-killing is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder.

Penalty is mitigated if suicide is not successful.

ARTICLE 254. DISCHARGE OF FIREARMS. ELEMENTS:

1. That the offender discharges a firearm against or at another person; and

2. That the offender has no intention to kill that person.

The offender must shoot at another with any

firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article.

A discharge towards the house of the victim is not discharge of firearm. Firing a gun at the house of the offended party, not knowing in what part of the house the people were, is only alarm under Art. 155.

Usually, the purpose of the offender is only to intimidate or frighten the offended party.

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

A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired as long as it was initially aimed at or against the offended party.

ARTICLE 255. INFANTICIDE ELEMENTS:

1. That a child was killed; 2. That the deceased child was less than three

days (72 hours) of age; and 3. That the accused killed the said child.

When the offender is the father, mother or

legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is

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that for murder. In either case, the proper qualification for the offense is infanticide.

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

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

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

ARTICLE 256. INTENTIONAL ABORTION

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

beverages administered, or that the accused otherwise acts upon such pregnant woman;

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.

4. That the abortion is intended. A fetus about six months old cannot subsist

by itself, outside the maternal womb. Abortion usually means expulsion before 6th month or before term of its viability

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

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

Fetus survives in spite of attempt to kill it or use of violence: a. Abortion intended, all acts of execution

performed frustrated intentional abortion

b. Abortion not intended, fetus does not die physical injuries

No frustrated unintentional abortion

ARTICLE 257. UNINTENTIONAL ABORTION. ELEMENTS:

1. That there is a pregnant woman; 2. That violence is used upon such pregnant

woman without intending an abortion;

3. That the violence is intentionally exerted; and

4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom.

Committed only by violence(giving of bitter

substance with no intention to cause abortion is not unintentional abortion)

Violence must be intentionally exerted Unintentional abortion may be complexed

with other crimes such as parricide or homicide

Unintentional abortion can also be committed through negligence. (People vs. Jose)

The accused can only be held liable if he knew that the woman was pregnant.

If there is no intention to cause abortion and neither was violence exerted, Arts. 256 and 257 does not apply.

ARTICLE 258. ABORTION PRACTICED BY THE

WOMAN HERSELF OR BY HER PARENTS. ELEMENTS:

1. That there is a pregnant woman who has suffered an abortion;

2. That the abortion is intended; and 3. That the abortion is caused by

a. the pregnant woman herself b. any other person, with her

consent, or c. any of her parents, with her

consent for the purpose of concealing her dishonor.

The liability of the pregnant woman is

mitigated if the purpose is to conceal her dishonor. However, there is no mitigation for the parents of the pregnant women even if their purpose is to conceal their daughters dishonor, unlike in infanticide.

ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF

ABORTIVES. ELEMENTS:

1. That there is a pregnant woman who has suffered an abortion;

2. That the abortion is intended; 3. That the offender, who must be a physician

or midwife, causes or assists in causing the abortion; and

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4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.

It is not necessary that the pharmacist knew

that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used.

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

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

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

ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL.

ACTS PUNISHED:

1. Killing ones adversary in a duel. 2. Inflicting upon the adversary serious

physical injuries. 3. Making combat although no physical injuries

have been inflicted. PERSONS LIABLE:

1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases.

2. Accomplices as seconds A duel is a formal or regular combat

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

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

The law disregards intent to kill in a duel In case of slight physical injuries inflicted on

another, penalty is arresto menor, 3rd paragraph applies only when no physical injuries are inflicted

ARTICLE 261. CHALLENGING TO A DUEL.

ACTS PUNISHABLE:

1. Challenging another to a duel. 2. Inciting another to give or accept a

challenge to a duel. 3. Scoffing at or decrying another publicly for

having refused to accept a challenge to fight a duel.

PERSONS LIABLE:

1. Challenger 2. Instigators

Chapter Two PHYSICAL INJURIES

ARTICLE 262. MUTILATION.

KINDS OF MUTILATION:

1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction.

2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body.

ELEMENTS OF THE FIRST KIND OF MUTILATION:

1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and

2. Purposely and deliberately. In the first kind of mutilation, the castration

must be made purposely. Otherwise, it will be considered as mutilation of the second kind.

Mayhem refers to any other intentional mutilation.

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

ARTICLE 263. SERIOUS PHYSICAL INJURIES. HOW COMMITTED:

1. Wounding; 2. Beating; 3. Assaulting; or 4. Administering injurious substances.

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SERIOUS PHYSICAL INJURIES:

1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.

2. When the injured person a. loses the use of speech or the power to

hear or to smell, loses an eye, a hand, foot, arm or leg,

b. loses the use of any such member, or c. becomes incapacitated for the work in

which he had been habitually engaged 3. When the injured person

a. becomes deformed, b. loses any other member of his body, c. loses the use thereof, or d. becomes ill or incapacitated for the

performance of the work in which he had been habitually engaged in for more than 90 days

4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days).

Serious physical injuries may be committed

through reckless imprudence or simple imprudence.

There must be no intent to kill. Impotence includes inability to copulate and

sterility. Blindness requires lost of vision in both

eyes. Mere weakness in vision is not contemplated.

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

Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body.

Loss of use of hand or incapacity of usual work in paragraph 2 must be permanent.

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

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

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

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

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

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

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

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

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

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

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

Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries.

ARTICLE 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES.

ELEMENTS:

1. That the offender inflicted upon another person any serious physical injury;

2. That it was done by knowingly administering to him any injurious substances or beverages or by taking

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advantage of his weakness of mind or credulity; and

3. He had no intent to kill. It is frustrated murder when there is intent to

kill Administering means introducing into the

body the substance, thus throwing of the acid in the face is not contemplated.

Weakness of mind or credulity witchcraft, philters, magnetism

ARTICLE 265. LESS SERIOUS PHYSICAL INJURIES.

ELEMENTS:

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

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

CIRCUMSTANCES QUALIFYING THE OFFENSE:

1. when there is manifest intent to insult or offend the injured person

2. when there are circumstances adding ignominy to the offense

3. when the victim is either the offenders parents, ascendants, guardians, curators or teachers

4. when the victim is a person of rank or person in authority, provided the crime is not direct assault

This article applies even if there was no

incapacity but the medical treatment was for more than 10 days.

ARTICLE 266. SLIGHT PHYSICAL INJURIES AND

MALTREATMENT THREE (3) KINDS:

1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period.

2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex. blackeye).

3. Ill-treatment of another by deed w/o causing any injury. (Ex. slapping but w/o causing dishonor)

When there is no evidence of actual injury Supervening event converting crime into

serious physical injuries after filing of information can still be the subject of a new charge

ANTI-HAZING LAW (R. A. NO. 8049)

HAZING is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. PERSONS LIABLE:

1. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof;

QUALIFYING CIRCUMSTANCES:

a. when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;

b. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;

c. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;

d. when the hazing is committed outside of the school or institution; or

e. when the victim is below twelve (12) years of age at the time of the hazing.

2. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices

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for the acts of hazing committed by the perpetrators;

3. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals.

4. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the

hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the illegal acts.

Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

RA 9262 ANTIVIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

What is the Battered Woman Syndrome? What is its effect on the criminal liability of the accused? Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04 In order to be classified as a battered woman, the accused and her spouse must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If

it occurs a second time, and she remains in the situation, she is defined as a battered woman.

Chapter Three. RAPE

ARTICLE 266A-266B. RAPE The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as a Crime Against Persons. It incorporated rape into Title 8 of the RPC.

ELEMENTS: Rape is committed - 1. By a man who shall have carnal knowledge of a

woman under any of the following circumstances: a. through force, threat or intimidation; b. when the offended party is deprived of

reason or otherwise unconscious; c. by means of fraudulent machination or

grave abuse of authority; or d. when the offended party is under 12 years

of age or is demented, even though none of the circumstances mentioned above be present.

2. By any person who, under any of the

circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting a. his penis into another persons mouth or

anal orifice; or b. any instrument or object, into the genital

or anal orifice of another person. Rape committed under paragraph 1 is punishable by:

1. reclusion perpetua 2. reclusion perpetua to DEATH when:

a. victim became insane by reason or on the occasion of rape; or

b. the rape is attempted and a homicide is committed by reason or on the occasion thereof.

3. DEATH when: a. homicide is committed; b. victim is under 18 years old and

offender is: i. parent, ii. ascendant, iii. step-parent, iv. guardian,

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v. relative by consanguinity or affinity within the 3rd civil degree,

vi. common law spouse of victims parent;

c. under the custody of the police or military authorities or any law enforcement or penal institution;

d. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity;

e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;

f. a child below 7 years old; g. offender knows he is afflicted with HIV

or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim;

h. offender is a member of the AFP, or para-military units thereof, or the PNP, or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

i. the victim suffered permanent physical mutilation or disability;

j. the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

k. when the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape committed under paragraph 2 is punishable by:

1. prision mayor 2. prision mayor to reclusion temporal when:

a. there was use of deadly weapon, or b. when committed by two or more

persons. 3. reclusion temporal when the victim has

become insane 4. reclusion temporal to reclusion perpetua

rape is attempted and homicide is committed

5. reclusion perpetua homicide is committed by reason or on occasion of rape

6. reclusion temporal committed with any of the 10 aggravating circumstances mentioned above

Dividing age in rape: 1. less than 7 years old - mandatory death 2. less than 12 years old - statutory rape 3. less than 18 years old and there is

relationship (e.g. parent, etc.) - mandatory death

Degree of Force necessary:

1. Force sufficient to consummate culprits purpose

2. Consider age, size and strength of parties and their relation to each other

Rape may be committed by employing

intimidation(Intimidation Moral kind) When the offender in rape has an ascendancy or

influence over the girl, it is not necessary to put up determined resistance

Rape may be proved by testimony of woman alone 1. An accusation for rape can be made with

facility, is difficult to prove, but more difficult for person accused, though innocent, to disprove

2. Nature only two persons are involved, testimony of complainant must be scrutinized with extreme caution

3. The evidence for prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from weakness of evidence for defense

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

CONSUMMATED RAPE: penetration of labia consummates the crime of rape

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

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

Rape with homicide is now a special complex crime

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

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

Moral damages P50,000, without need of proof

Exemplary damages if crime committed with one or more aggravating circumstances

PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03

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In rape by sexual assault, the word "instrument or object" should be construed to include a human finger. ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04 The definition of the crime of rape has been expanded with the enactment of Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997, to include not only "rape by sexual intercourse" but now likewise "rape by sexual assault." An act of sexual assault under the second paragraph of the article can be committed by any person who, under the circumstances mentioned in the first paragraph of the law, inserts his penis into the mouth or anal orifice, or any instrument or object into the genital or anal orifice, of another person. The law, unlike rape under the first paragraph of Article 266-A of the Code, has not made any distinction on the sex of either the offender or the victim. Neither must the courts make such distinction. PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03 The fact that no laceration and no ruptured hymen were found in this case, does not necessarily negate rape. The fact that the hymen was intact upon examination does not, likewise, belie rape, for a broken hymen is not an essential element of rape, nor does the fact that the victim remained a virgin exclude the crime. PEOPLE vs. NAVARRO, G.R. No. 137597. 10/24/03 Even the slightest contact of the penis with the labia under the circumstances enumerated under Art. 266-A of the Revised Penal Code constitutes rape. A flaccid penis can do as much damage as an erect one at least insofar as the crime of rape is concerned. PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. 6/3/04 An unchaste woman who habitually goes out with different men may be a victim of rape. The victims moral character is not among the elements of the crime of rape. It does not negate the existence of rape. PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01 Rape may be committed anywhere even in places where people congregate such as parks, along the road side, within school premises, and inside a house

where there are other occupants. The beast in him bears no respect for time and place. PEOPLE vs. OLAYBAR G.R. Nos. 150630-31. 101/03 The trial court has decreed the penalty of death on account of circumstance under Article 266-A, i.e., that when "the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV), Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim," the imposition of the extreme penalty of death would be warranted. PEOPLE vs. DE LA TORRE G.R. Nos. 121213 & 121216-23. 1/13/04 An accused may be considered a principal by direct participation, by inducement, or by indispensable cooperation. This is true in a charge of rape against a woman, provided of course a man is charged together with her. Thus, in two cases the Court convicted the woman as a principal by direct participation since it was proven that she held down the complainant in order to help her co-accused spouse consummate the offense. PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04 Absence of resistance does not mean consent. The complainant was only 14 years old when the rape took place. At her age, it could easily be conceived that she feared the appellant and believed his threats, that he would kill her and her family if she reported the incident to anyone. The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. PEOPLE vs. MALONES, G.R. Nos. 124388-90. 3/11/04 The negative findings of spermatozoa on the medico-legal report does not prove that no rape was committed. PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03 Where the girl is below 12 years old, the only subject of inquiry is whether carnal knowledge took place. Proof of force, intimidation or consent is unnecessary since none of these is an element of statutory rape. There is a conclusive presumption of absence of free consent of the rape victim is below the age of 12. PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04

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When the original and primordial intention of the appellant in keeping the victim in his apartment was to rape her and not to deprive her of her liberty, the appellant is guilty only of rape under Article 335, paragraph 1 of the Revised Penal Code, and not of the complex crime of serious illegal detention with rape under Article 267, in relation to Articles 335 and 48 of the Code. PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04 Force or intimidation may be actual or constructive. In this case, the victim is a mental retardate. The appellant took advantage of her condition and succeeded in having sexual intercourse with her. Hence, he is guilty of forcible rape. PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04 The qualifying circumstance of minority and relationship does not include god-father relationship PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04 To justify the imposition of the death penalty in cases of incestuous rape, the concurrence of the minority of the victim and her relationship to the offender constitutes one special qualifying circumstance which must be both alleged and proved with moral certainty. PEOPLE OF THE PHILIPPINES vs. MAURICIO WATIWA, G.R. No. 139400, September 3, 2003 In Qualified Rape, the term guardian refers to a legal guardian as in the case of parents or guardian ad litem or judicial guardian appointed by the court, and not merely to an uncommitted caretaker over a limited period of time. PEOPLE OF THE PHIL. vs. LAMBID G.R. Nos. 133066-67, October 1, 2003 The force or violence necessary in rape is a relative term that depends not only on the age, size, and strength of the persons involved but also on their relationship to each other. In a rape committed by a father against his own daughter, the former's parental authority and moral ascendancy substitutes for violence or intimidation over the latter who, expectedly, would just cower in fear and resign to the father's wicked deeds. PEOPLE OF THE PHILIPPINES vs. ANTHONY SANDIG G.R. No. 143124. 7/25/03 The mere assertion of a love relationship does not necessarily rule out the use of force to consummate the crime of rape. A sweetheart cannot be forced to

have sex against her will. Definitely a man can neither demand sexual gratification from a fiance nor employ violence upon her, on the pretext of love. PEOPLE vs. JOEL AYUDA G.R. No. 128882. 10/2/03 A "sweetheart defense," to be credible, should be substantiated by some documentary or other evidence of the relationship like mementos, love letters, notes, pictures and the like. Here, no such evidence was ever presented by appellant.

PEOPLE vs. ACERO, G.R. Nos. 146690- 91. 3/17/04 A defense based on sweetheart theory in rape cases is not a defense at all in rape where the victim is a mental retardate. PEOPLE vs. OGA, G.R. No. 152302. 6/8/04 Sweetheart theory prevails as a defense in rape when it casts reasonable doubt as to the guilt of the accused.

ARTICLE 266-C. EFFECT OF PARDON. Subsequent valid marriage between the offender

and the offended party extinguishes the criminal action or the penalty imposed.

A husband may be guilty of raping his wife. When the legal husband is the offender,

subsequent forgiveness of the wife extinguishes the criminal action or penalty. This does not follow if the marriage is void ab initio.

ARTICLE 266-D. PRESUMPTIONS. EVIDENCE WHICH MAY BE ACCEPTED FOR THE PROSECUTION OF RAPE: 1. Any physical overt act manifesting resistance

against the act of rape in any degree from the offended party; or

2. Where the offended party is so situated as to render him/her incapable of giving consent.

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TITLE NINE

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One. Crimes Against Liberty

Section One. Illegal Detention

ARTICLE 267. KIDNAPPING AND SERIOUS

ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any

other manner deprives the liberty; 3. That the act of detention or kidnapping must be

illegal; and 4. That in the commission of the offense, any of the

following circumstances are present ( detention becomes serious): a. that the kidnapping/detention lasts for more

than 3 days, b. that it is committed by simulating public

authority, c. that any serious physical injuries are

inflicted upon the person kidnapped or detained or threats to kill him are made, or

d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer.

Death is imposed in the following instances: [death penalty suspended] 1. if kidnapping is committed for the purpose of

extorting ransom either from the victim or from any other person even if none of the aforementioned circumstances are present in the commission of the offense; and

2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts.

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

PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03 Although the victim my have inceptually consented to go with the offender to a place but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention. PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03 The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances mentioned in Article 267 were present in the commission of the offense ILLEGAL DETENTION ARBITRARY

DETENTION Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty.

Committed by a public officer or employee who detains a person without legal ground

Crime is against personal liberty and security

Crime against the fundamental law of the State

ARTICLE 268. SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private person; 2. That he kidnaps or detains another or in any

other manner deprives the liberty or he furnishes the place for the perpetuation of the detention;

3. That the act of detention or kidnapping must be illegal;

4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267.

PRIVILEGED MITIGATING CIRCUMSTANCE: If the offender: 1. voluntarily releases the person so kidnapped or

detained within 3 days from the commencement of the detention;

2. without having attained the purpose intended; and

3. before the institution of criminal proceedings against him.

ARTICLE 269. UNLAWFUL ARREST

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ELEMENTS: 1. That the offender arrests or detains another

person; 2. That the purpose of the offender is to deliver

him to the proper authorities; and 3. That the arrest or detention is not authorized

by law or there is no reasonable ground therefor.

Offender is any person. Either a public officer or

private individual may be liable. Arrest/ detention refers to warrantless arrests. In Article 125 (Delay in the delivery of detained

persons to the proper judicial authorities), the detention is for some legal ground. While in an unlawful arrest, the detention is not authorized by law.

ARTICLE 270. KIDNAPPING AND FAILURE TO RETURN A MINOR

ELEMENTS: 1. That the offender is entrusted with the custody

of a minor person ; and 2. That he deliberately fails to restore the said

minor to his parents. ARTICLE 271. INDUCING A MINOR TO ABANDON

HIS HOME ELEMENTS: 1. That the minor is living in the home of his

parents or guardians or the person entrusted with his custody; and

2. That the offender induces a minor to abandon such home.

Inducement must be actual, committed with

criminal intent and determined by a will to cause damage.

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

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

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

ARTICLE 272. SLAVERY

ELEMENTS: 1. That the offender purchases, sells, kidnaps or

detains a human being; and 2. That the purpose of the offender is to enslave

such human being. Qualifying circumstance if the purpose is some

immoral traffic (Ex. prostitution). ARTICLE 273. EXPLOITATION OF CHILD LABOR

ELEMENTS: 1. That the offender retains a minor in his service; 2. That it is against the will of the minor; and 3. That it is under the pretext of reimbursing

himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

Indebtedness is not a ground for detention

ARTICLE 274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

ELEMENTS: 1. That the offender compels a debtor to work for

him, either as household servant or farm laborer;

2. That it is against the debtors will; and 3. That the purpose is to require or enforce the

payment of a debt.

Chapter Two. CRIMES AGAINST SECURITY

ARTICLE 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN

VICTIM. ACTS PUNISHABLE: 1. By failing to render assistance to any person

whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense;

ELEMENTS: a. That place is not inhabited. b. The accused found there a person wounded

or in danger of dying. c. The accused can render assistance without

detriment to himself.

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d. The accused fails to render assistance.

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

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

ARTICLE 276. ABANDONING A MINOR.

ELEMENTS: 1. That the offender has the custody of a child; 2. That the child is under 7 years of age; 3. That he abandons such child; and 4. That he has no intent to kill the child when the

latter is abandoned. Abandonment must be conscious, deliberate, and

permanent. Qualifying circumstances:

a. death of the minor; or b. life was in danger because of the

abandonment. Parent guilty of abandoning their children shall be

deprived of parental authority.

ARTICLE 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY;

INDIFFERENCE OF PARENTS ACTS PUNISHED: 1. By delivering a minor to a public institution or

other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities;

ELEMENTS: a. Offender has charge of the rearing or

education of a minor; b. He delivers said minor to a public institution

or other persons.; and c. That the one who entrusted such child to the

offender has not consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it.

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

ELEMENTS:

a. That the offender is a parent; b. That he neglects his children by not giving

them education; and c. That his station in life requires such

education and his financial condition permits it.

Obligation to educate children terminates if

mother and children refuse without good reason to live with accused

Failure to give education must be due to deliberate desire to evade such obligation

ARTICLE 278. EXPLOITATION OF MINORS. Acts punished: 1. By causing any boy or girl under 16 to perform

any dangerous feat of balancing, physical strength or contortion, the offender being any person.

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

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

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

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

Qualifying Circumstance: If the delivery of the child

to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise.

ARTICLE 279. ADDITIONAL PENALTIES FOR OTHER OFFENSES

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Article 280. Trespass to dwelling ELEMENTS: 1. That the offender is a private person; 2. That he enters the dwelling of another; and 3. That such entrance is against the latters will. Qualifying circumstance: If the offense is committed

by means of violence or intimidation. There must be an opposition on the part of

the owner of the house to the entry of the accused.

Dwelling: any building or structure exclusively devoted for rest and comfort, depends upon use; maybe a room; implied prohibition depending on circumstances

Implied prohibition is present considering the following situation. Ex. Felony was committed late at night and everyones asleep or entrance was made through the window.

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

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

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

NOT APPLICABLE TO: entrance is for the purpose of preventing

harm to himself, the occupants or a third person;

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

place is a caf, tavern, etc. while it is open.

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

ARTICLE 281. OTHER FORMS OF TRESPASS ELEMENTS: 1. That the offender enters the closed premises

or the fenced estate of another; 2. That the entrance is made while either of them is

uninhabited; 3. That the prohibition to enter be manifest; and

4. That the trespasser has not secured the permission of the owner or the caretaker thereof.

ARTICLE 282. GRAVE THREATS ACTS PUNISHABLE: 1. By threatening another with the infliction upon

his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender attained his purpose.

2. By making such threat without the offender attaining his purpose.

3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. .

Aggravating circumstances: (1) if made in

writing, or (2) made through a middleman. The crime is frustrated if the threat was not

received by the person being threatened. Threat not made in heat of anger, because such

threat would be punished as Other Light Threats

Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made; it is sufficient that threats came to knowledge of offended party

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

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

ARTICLE 283. LIGHT THREATS. ELEMENTS: 1. That the offender makes a threat to commit a

wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other

condition is imposed, even though not unlawful. In light threats, the wrong threatened does not

amount to a crime. Requires that there be a demand of money or

that other condition be imposed Blackmailing may be punished under this

provision

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ARTICLE 284. BOND FOR GOOD BEHAVIOR The person making the threats under the 2

preceding articles (grave and light threats) may also be required by the court to give bail conditioned upon the promise not to molest the person threatened.

ARTICLE 285. OTHER LIGHT THREATS ACTS PUNISHABLE: 1. By threatening another with a weapon, or by

drawing a weapon in a quarrel, unless it be in lawful self-defense.

2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat.

3. By orally threatening another with harm not constituting a felony.

No demand for money or condition involved Threat is not deliberate

ARTICLE 286. GRAVE COERCIONS ELEMENTS: 1. That a person

a. prevented another from doing something not prohibited by law or

b. compel him to do something against his will, be it right or wrong

2. Violence, threats or intimidation, either material force or such display of force as would produce intimidation and control of the will.

3. Without authority of law Aggravating circumstances: 1. Violation of the exercise of the right of suffrage 2. Compelling another to perform a religious act or 3. preventing another from exercising such right or

from doing such act (as amended by RA. 7890) The thing prevented from execution must not be

prohibited by law. Otherwise, there will be no coercion.

ARTICLE 287. LIGHT COERCIONS ELEMENTS of par. 1: 1. That the offender must be a creditor; 2. That he seizes anything belonging to his

debtor;

3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; and

4. That the purpose of the offender is to apply the same to the payment of the debt.

Par. 2 Any other coercion or unjust vexation Paragraph 2 of Art. 287 covers unjust vexation.

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

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

ARTICLE 288. OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE

AND PAYMENT OF WAGES BY MEANS OF TOKENS)

ACTS PUNISHED: 1. By forcing or compelling, directly or indirectly,

or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him.

2. By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee.

ELEMENTS OF NO. 1: 1. That the offender is any person , agent or officer

of any association or corporation. 2. That he or such firm or corporation has employed

laborers or employees 3. That he forces or compels, directly or indirectly,

or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.

ELEMENTS OF NO. 2: 1. That the offender pays the wages due a laborer

or employee employed by him by means of tokens or objects

2. That those tokens or objects are other than the legal tender currency of the Philippines.

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3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects.

ARTICLE 289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR

LABOR THROUGH VIOLENCE OR THREATS ELEMENTS: 1. That the offender employs violence or threats,

in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; and

2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.

3. If the act shall not constitute a more serious offense.

Chapter Three. DISCOVERY AND REVELATION OF SECRETS

ARTICLE 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE

ELEMENTS: 1. That the offender is a private individual or even a

public officer not in the exercise of his official function;

2. That he seizes the papers or letters of another; 3. That the purpose is to discover the secrets of

such another person; and 4. That offender is informed of the contents or the

papers or letters seized. This article is not applicable to parents with

respect to their minor children or to spouses with respect to the papers or letters of either of them.

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

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

This article does not require that the offended party be prejudiced. ARTICLE 291. REVEALING SECRETS WITH

ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or

servant;

2. That he learns the secrets of his principal or master in such capacity; and

3. That he reveals such secrets. Damage is not required by this article.

ARTICLE 292. REVELATION OF INDUSTRIAL SECRETS

ELEMENTS: 1. That the offender is a person in charge,

employee or workman of a manufacturing or industrial establishment;

2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned;

3. That the offender reveals such secrets; and 4. That prejudice is caused to the owner. Prejudice is an essential element of this offense

TITLE TEN

CRIMES AGAINST PROPERTY

Chapter One. ROBBERY IN GENERAL

ARTICLE 293. WHO ARE GUILTY OF ROBBERY ELEMENTS of robbery IN GENERAL: 1. That there be personal property belonging to

another (bienes muebles) 2. That there is unlawful taking of that property

(apoderamiento or asportacion 3. That the taking must be with intent to gain;

(animus lucrandi) 4. That there is violence against or intimidation of

any person, or force upon anything. Person from whom property was taken need not

be the owner. Legal possession is sufficient. General rule: The identity of the real owner is not

essential so long as the personal property taken does not belong to the accused. Exception: If the crime is robbery with homicide

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

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

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

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

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

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

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

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

General rule: Violence or intimidation must be present before the taking is complete.

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

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

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

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

Theft, not robbery, where accused cut with bolo the strings tying opening of a sack and then took the palay

RA 6539 is applicable when property taken in robbery is a motor vehicle (Carnapping: taking with intent to gain of motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons or by using force upon things; Unqualified -14years and 8 months to 17 years and 4 months; violence/force upon things -17 years and 4 months to 30 years; occupant killed or raped reclusion perpetua to death)

ROBBERY

W/ VIOLENCE

GRAVE THREATS

GRAVE COERCION

Intent to gain No intent to gain No intent to gain

Immediate harm

Intimidation; promises some future harm or injury

Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)

ROBBERY BRIBERY X didnt commit crime but is intimidated to deprive him of his property

X has committed a crime and gives money as way to avoid arrest or prosecution

Deprived of money thru force or intimidation

Giving of money is in a sense voluntary

Neither Transaction is voluntary and mutual

Ex. Accused demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03 For the appellant to be guilty of consummated robbery, there must be incontrovertible proof that property was taken from the victim. The appellant is guilty of attempted robbery only when he commences the commission of robbery directly by overt acts and does not perform all the acts of execution which would produce robbery by reason of some causes or accident other than his own spontaneous desistance.

ARTICLE 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS: 1. When by reason or on occasion of the robbery,

homicide is committed; 2. When the robbery is accompanied w/ rape or

intentional mutilation or arson; 3. When by reason or on occasion of robbery, any

of the physical injuries resulting in insanity, imbecility, impotency, or blindness is inflicted;

4. When by reason of or on occasion of the robbery, serious physical injuries resulting in the loss of the use of speech, or the power to hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the loss of the use of any such member

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or incapacity for work in w/c victim is habitually engaged is inflicted;

5. If the violence / intimidation employed in committing the robbery shall have been carried to a degree clearly unnecessary for the crime;

6. When in the course of its execution, offender inflicts upon any person not responsible for the commission of robbery any of the physical injuries resulting to deformity, loss of any part of the body or the use thereof, or illness or incapacity for the performance of the work for > 90 days or > 30 days;

7. If the violence employed does not cause any serious physical injuries defined in Art. 263, or if offender employs intimidation only.

SPECIAL COMPLEX CRIMES WITH SPECIFIC PENALTIES PRESCRIBED: 1. Robbery with homicide is committed if original

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

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

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

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

PEOPLE vs. BOLINGET, G.R. Nos. 137949-52. 12/11/03

Well entrenched in this jurisprudence is the doctrine that when homicide takes place as a consequence or on occasion a robbery, all those who took part in the robbery are guilty as principals in the special complex crime of robbery with homicide, even if they did not actually took part in the homicide. The only exception is when it is clearly shown that the accused endeavored to prevent the unlawful killing. PEOPLE vs. HIJADA, G.R. No. 123696. 311/04 There is no crime of Robbery with Multiple Homicide under the Revised Penal Code. The crime is Robbery with Homicide notwithstanding the number of homicides committed on the occasion of the robbery and even if murder, physical injuries and rape were also committed on the same occasion.

ARTICLE 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED

PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON THE STREET, ROAD, OR ALLEY

QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE OR INTIMIDATION OF PERSONS: If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed -

1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car,

motor vehicle or airship, or 4. by entering the passengers compartments

in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or

5. on a street, road, highway or alley and the intimidation is made with the use of firearms.

The qualifying circumstances of robbery with

violence or intimidation must be alleged in the information and proved during the trial.

Being qualifying circumstances, they cannot be offset by generic mitigating circumstances.

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

ARTICLE 296. DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS THEREOF.

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When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. Requisites for liability for the acts of the other members of the band:

1. That the accused was a member of the band;

2. That he was present at the commission of a robbery by that band;

3. That the other members of the band committed an assault; and

4. That he did not attempt to prevent the assault.

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

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

ARTICLE 297. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE

Same penalty, whether robbery is attempted or

frustrated, as long is homicide is committed by reason or on occasion thereof.

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

ARTICLE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION

ELEMENTS:

1. That the offender has intent to defraud another;

2. That the offender compels him to sign, execute, or deliver any public instrument or document; and

3. That the compulsion is by means of violence or intimidation.

This article is not applicable if the document is

void. Applies even if document signed, executed or

delivered is a private or commercial document.

ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE

DEVOTED TO WORSHIP.

ELEMENTS of robbery with force upon things under subdivision (a):

1. That the offender entered (a) an inhabited house, or (b) public building, or (c) edifice devoted to religious worship;

2. That the entrance was effected by any of the following means: a. Through an opening not intended for

entrance or egress, b. By breaking any wall, roof, or floor or

breaking any door or window, c. By using false keys, picklocks or

similar tools, or d. By using any fictitious name or

pretending the exercise of public authority; and

3. That once inside the building, the offender took personal property belonging to another with intent to gain.

Inhabited house is any shelter, ship or vessel

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

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

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

In entering the building, the offender must have an intention to take personal property (People vs. Tayag).

Public building includes every building owned, rented or used by the government although owned by private persons or temporarily vacant.

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

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

False keys are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock w/c was forcibly opened by the offender.

Picklocks are those specially adopted for commission of the robbery.

The key must have been stolen not by force. Otherwise, its robbery by violence and intimidation against persons.

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

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

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

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

ELEMENTS of robbery with force upon things under subdivision (b):

1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; and

2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances: a. by the breaking of doors, wardrobes,

chests, or any other kind of locked or sealed furniture or receptacle, or

b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery.

It is not necessary that entrance was made

through any of the means mentioned in subdivision (a).

Offender may be servants or guests. Destruction of keyhole of cabinet is robbery

under this subsection. When sealed box is taken out for the purpose of

breaking it, crime is already consummated robbery. There is no need to actually open it inside the building from where it was taken.

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

The crime is theft if the box was found outside of the building and the accused forced it open.

Mitigating circumstance:

1. Offenders do not carry arms and the value of the property taken exceeds 250 pesos.

2. Offenders are armed, but the value does not exceed 250 pesos.

3. Offenders do not carry arms and the value does not exceed 250 pesos penalty of a) or b) in minimum period.

4. Committed in dependencies

ARTICLE 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND.

Robbery in an inhabited house, public building or

edifice devoted to religious worship is qualified when committed by a band and in an uninhabited place.

ARTICLE 301. WHAT IS AN INHABITED HOUSE,

PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR

DEPENDENCIES Dependencies of an inhabited house, public

building or building dedicated to religious worship are all interior courts, corrals, warehouses, granaries or enclosed places: 1. contiguous to the building, having an

interior entrance connected therewith, and 2. forming part of the whole.

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

ARTICLE 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING.

ELEMENTS:

1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship;

2. That any of the following circumstances was present: a. That entrance was effected through an

opening not intended for entrance or egress,

b. A wall, roof, floor, or outside door or window was broken,

c. The entrance was effected through the use of false keys, picklocks or other similar tools,

d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or

e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere; and

3. That with intent to gain, the offender took therefrom personal property belonging to another.

This article covers the second kind of robbery

with force upon things.

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

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

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

ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR

PRIVATE BUILDING When the robbery described in Arts. 299 and 302

consists in the taking of cereals, fruits, or firewood, the penalty is one degree lower.

ARTICLE 304. ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

ELEMENTS:

1. That the offender has in his possession picklocks or similar tools;

2. That such picklocks or similar tools are specially adopted to the commission of robbery; and

3. That the offender does not have lawful cause for such possession.

Actual use of the picklocks or similar tools is not

necessary.

ARTICLE 305. FALSE KEYS. FALSE KEYS include:

1. picklocks or similar tools, 2. genuine keys stolen from the owner; and 3. any key other than those intended by owner

for use in the lock forcibly opened by the offender.

Possession of false keys in paragraphs (b) and (c) above is not punishable.

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

Chapter Two. BRIGANDAGE

ARTICLE 306. WHO ARE BRIGANDAGS;

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