15462048 Criminal Law II Reviewer

7/27/2019 15462048 Criminal Law II Reviewer

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Criminal Law II Reviewer Vena V. Verga

Criminal Law II ReviewerSummary of Book II

Crime Elements Penalty Important Points to Remember

11!reason

1. Offender is a Filipino citizen or an alien residing in thePhilippines

2. There is war in which the Philippines is involved3. Offender either:

a. levies war against the governmenti. that there be an actual assembling of menii. for the purpose of e!ecuting a treasonable design

b" forceb. or adheres to the enemies giving them aid or comfort

!reason# branch of allegiance to a government committedb" a person who owes allegiance to it

"llegian#e# obligation of fidelit" and obedience which theindividuals owe to the government under which the" live or totheir sovereign in return for the protection the" receive$either permanent or temporar"

"$%eren#e to Enemy# intent to betra"$ when a citizenintellectuall" or emotionall" favors the enem" and harborss"mpathies or convictions dislo"al to his countr"%s polic" orinterests&

"i$ or Comfort# an act which strengthens or tends tostrengthen the enem" in the conduct of war against thetraitor%s countr" and an act which wea'ens or tends to wea'en

the power of the traitor%s countr" to resist or to attac' theenem"

&ays of Proving !reason'

1. Testimon" of 2 witnesses at least to the same overt act$or

2. (onfession of the accused in open court

Filipino (itizen #)P to death anda fine not toe!ceed P1*****

+lien # )T todeath and a finenot to e!ceedP1*****

,o comple!crime of treasonwith murder

ph"sicalin-uries

+ggravating(ircumstances:cruelt" ignomin"

+rt. /0 notstrictl" applied totreason

ravit" ofseriousness of

acts of treasonare considered

1. Treason cannot be committed in time ofpeace

2. n treason b" lev"ing war it is not necessar"that there be a formal declaration of thee!istence of a state of war

3. The war must be directed againstgovernment

0. The purpose of lev"ing war is to deliver thecountr" in whole or in part to the enem"$must be in collaboration with foreign enem"

. The aid or comfort given to the enemiesmust be after the declaration of war$ theenemies must be the sub-ect of foreign

power/. ,o treason thru negligence4. 5hen common crimes are charged as overt

acts of treason the" cannot be regarded asseparate crimes or as comple!ed b" treason.

6. Treason b" Filipino citizen ma" be committedoutside the Philippines

7. Treason is a continuous offense1*. Treason cannot be proved b" circumstantial

evidence or e!tra-udicial confession ofaccused

11. Two witness rule is severel" restrictive12. 8ufficient that witnesses are uniform in their

testimon" on the overt act$ it is notnecessar" that there be corroborationbetween them on the point the" testified

13. +dherence ma" be proved b" one witness orfrom the nature of the act itself or from thecircumstances surrounding the act

10. 9efense of suspended allegiance and changeof sovereignt" is not accepted

1. 9efense of obedience to de factoovernment is acceptable

1/. 9efense of duress or uncontrollable fear isacceptable

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11Conspira#y

an$ Proposalto Commit!reason

1. (onspirac" to (ommit Treason P and a fine note!ceedingP1****

The two witness rule does ,OT appl" to thisarticle

2. Proposal to (ommit Treason P( and a fine note!ceedingP***

110isprision of

!reason

1. Offender must be owing allegiance to the government andnot a foreigner

2. ;e has 'nowledge of an" conspirac" to commit treasonagainst the government

3. ;e conceals or does not disclose and ma'e 'nown thesame as soon as possible to governor or fiscal of provinceor the ma"or or fiscal of the cit" in which he resides

+ccessor" to thecrime of treason

1. (onspirac" is one to commit treason2. +rticle 11/ is an e!ception to the rule that

mere silence does not ma'e a personcriminall" liable

11/Espionage

1.


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1+,Correspon$en#e wit% 6ostile

Country

1. t is in time of war in which the Philippines is involved2. Offender ma'es correspondence with an enem" countr" or

territor" that is occupied b" enem" troops3. The correspondence is either

a. Prohibited b" the government

P( 1. Correspon$en#e # communicating b"means of letters$ or it ma" refer to theletters which pass between those who havefriendl" or business relations

2. =ven if correspondence contains innocentmatters if such has been prohibited b" thegovernment it is punishable

3. Prohibition b" the government is notessential in paragraphs 1 and 2

0. >ualif"ing circumstances that must concurtogether:a. The notice or information might be

useful to the enem"b. The offender intended to aid the enem"

b. (arried in ciphers or conventional signs P

c. (ontaining notice or information which might be usefulto the enem"

)T if info ma" beuseful to enem")T to death ifintention was toaid the enem"

1+17lig%t toEnemy8s

Country

1. There is a war which the Philippines is involved2. Offender must be owing allegiance to the government3. Offender attempts to flee or go to enem" countr"0. oing to enem" countr" is prohibited b" competent

authorit"

+rresto a"or 1. +n alien resident ma" be guilt" of fl ight toenem" countr"

2. ere attempt to flee or go to enem" countr"consummates crime

3. +rticle 121 must be implemented b" theovernment1++

Pira#y in3eneral an$

utiny on t%e6ig% Seas orin P%ilippine

&aters

1. ?essel is on the high seas or in Philippine waters2. Offenders are not members of its complement or

passengers of the vessel3. Offenders either

a. attac' or seize the vesselb. seize the whole or part of the cargo of said vessel it%s

e@uipment or personal belongings of its complementor passengers

Pira#y# robber" or forcible depredation on the high seaswithout lawful authorit" and done with animo furandiand in

the spirit and intention of universal hostilit"

utiny# unlawful resistance to a superior officer or theraising of commotions and disturbances on board a shipagainst the authorit" of the commander

)P8ame penalt"shall be inflictedin case of mutin"on the high seasor in Philippinewaters

1. 6ig% Seas# an" waters on the sea coastwhich are without the boundaries of lowAwater mar' although such waters ma" be inthe -urisdictional limits of a foreigngovernment

+. Pira#y 9istinguis%e$ 7rom Robbery in

6ig% Seasa. n pirac" offender is an outsider$ in

robber" offender is member of crew orpassenger

b. n both there is intent to gain and

manner of committing the crime is thesame

:. Pira#y 9istinguis%e$ from utiny

a. n pirac" the offenders are strangers$ inmutin" the" are members of the crew orpassengers

b. n pirac" intent to gain is essential$ inmutin" the intention ma" be to ignoreship%s officers or to commit plunder

1+:;ualifie$

Pira#y

;ualifying Cir#umstan#es'1. 8eized vessel b" boarding or firing upon the same$ or2. Pirates have abandoned their victims without means of

8pecial comple!crime punishableb" )P to 9eath

1. +n" person who aids or protects pirates orabets the commission of pirac" shall beconsidered as an accomplice

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saving themselves$ or3. (rime is accompanied b" murder homicide ph"sical

in-uries or rape

regardless ofnumber ofvictims

2. ).+. /23 # +n +ct Punishing (ertain +ctsnimical to (ivil +viation

1+"rbitrary

9etention

1. Offender is a public officer or emplo"ee2. ;e detains a person

3. 9etention is without legal grounds

9etention# when a person is placed in confinement or thereis a restraint on his person

9etention is wit%out legal groun$s'

1. 5hen he has not committed an" crime or at least there isno reasonable ground for suspicion that he has committeda crime$ or

2. 5hen he is not suffering from violent insanit" or an" otherailment re@uiring compulsor" confinement in a hospital

,ot e!ceeded 3da"s # + a"or

in ma!imum toP( in minimumore than 3 lessthan 1 da"s #P( in mediumand ma!imumore than 1 notmore than /months # P=!ceeded / mos.# )T

1. Legal 3roun$s for 9etention of Prisoner:a. the commission of a crime

b. violent insanit" or o the ailmentre@uiring the compulsor" confinement ofthe patient in a hospital

2. +rrest without warrant is the usual cause ofarbitrar" detention

3. +rrest 5ithout 5arrant 5hen Bawful C8ec. )ule 113D- Personal 'nowledge is re@uired- + crime must in fact or actuall" have

been committed0. There is no reasonable ground if officer onl"

wants to 'now the commission of crime. There is arbitrar" detention thru imprudence

1+9elay in

9elivery of

9etaine$Person to

Proper


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3. other circumstances Ctime etc.D in the beginning but the illegalit" of thedetention starts from the e!piration of an" ofthe periods of time specified without persondetained having been delivered to proper-udicial authorit"

1+0

9elayingRelease

1. That offender is a public officer or emplo"ee2. There is a -udicial or e!ecutive order for the release of a

prisoner or detention prisoner or that there is aproceeding upon a petition for the liberation of suchperson

3. The offender without good reason dela"s:a. the service of the notice of such order to the prisonerb. the performance of such -udicial or e!ecutive order for

the release of the prisonerc. the proceedings upon a petition for the release of such

person

8ame as +rticle120

5ardens and -ailers are the public officers mostli'el" to violate +rticle 12/

1+/E=pulsion

1. Offender is a public officer or emplo"ee2. ;e e!pels an" person from the Philippines or compels a

person to change his residence3. The offender is not authorized to do so b" law

P( Onl" the court b" a final -udgment can order aperson to change his residence

1+2Violation of

9omi#ile

"#ts Punis%e$'1.


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1+4Sear#%

&arrantsali#iously

>btaine$ an$"buse in

Servi#e of!%ose Legally

>btaine$

"#ts Punis%e$'1.


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of Religious&ors%ip

about to ta'e place or are going on3. Offender prevents or disturbs the same;ualifying Cir#umstan#e'

- if the crime is committed with violence or threats

and ma!imum ifcommitted withviolence orthreats

2. )eading a bible and then attac'ing certainchurches in a public plaza is not a ceremon"of manifestation of religion but onl" ameeting of a religious sect

1::>ffen$ing t%e

Religious7eelings

1. +cts complained of were performed:a. n a place devoted to religious worship orb. 9uring the celebration of an" religious ceremon"

2. The acts must be notoriousl" offensive to the feelings ofthe faithful

ReligiousCeremonies# religious acts performed outside ofa church such as processions and special pra"ers for bur"ingdead person

+ a"or inma!imum to P(in minimum

1. t is not necessar" that there is a religiousceremon" going on when the offenderperforms acts notoriousl" offensive to thefeelings of the faithful

2. There must be deliberate intent to hurt thefeelings of the faithful

3. Offense to feelings is -udged fromcomplainant%s point of view

1:

Rebellion orInsurre#tion

1. There be a public uprising and ta'ing arms against theovernment

2. The purpose of the uprising or movement is either:a. to remove from the allegiance to said government or

its laws:

i. the territor" of the Philippines or an" part thereof$orii. an" bod" of land naval or other armed forces$ or

b. To deprive the (hief =!ecutive or (ongress wholl" orpartiall" of an" of their powers or prerogatives

Rebellion# used where the ob-ect of the movement iscompletel" to overthrow and supersede the e!istinggovernment

Insurre#tion# used in reference to a movement which see'smerel" to effect some change of minor importance or toprevent the e!ercise of governmental authorit" with respect to

particular matters or sub-ect

Rebellion $istinguis%e$ from !reason'

1. )ebellion # lev"ing of war during peace time for an" of thepurposes mentioned$ Treason # performed in aid of enem"during wartime

2. )ebellion alwa"s involves ta'ing up arms againstgovernment$ Treason ma" be committed b" mereadherence to the enem" giving aid or comfort

)P # person whopromotesmaintains orheads rebellionor insurrection

)T # personmerel"participating ore!ecutingcommands ofothers

1. )ebellion or of inciting it is a crime ofmasses of a multitude

2. +ctual clash of arms with the forces of thegovernment not necessar" to convict theaccused who is in conspirac" with others

actuall" ta'ing arms against the government3. Purpose of the uprising must be shown0. t is not necessar" that the purpose be

accomplished. iving aid or comfort not criminal in rebellion/. )ebellion distinguished from 8ubversion #

rebellion is a crime against public order$8ubversion # li'e treason against nationalsecurit"

4. ere silence or omission is not punishable inrebellion

6. t is not a defense in rebellion that theaccuse never too' the oath of allegiance to

or that the" never recognized thegovernment

7. Those who 'illed persons in pursuance ofmovement to overthrow government areliable for rebellion onl"

1*. There is no comple! crime of rebellion withmurder and other common crimesC;ernandez rulingD

11. Iilling robbing etc for a private purpose orprofit without an" political motivation wouldbe separatel" punished and would not beabsorbed in the rebellion

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1:-"Coup $8etat

1. Offender is a personCsD belonging to the militar" or policeor holding an" public office or emplo"ment

2. t is committed b" means of a swift attac' accompaniedb" violence intimidation threat strateg" or stealth

3. The attac' is directed against dul" constituted authoritiesof the Philippines or an" militar" camp or installationcommunication networ's public utilities or other facilitiesneeded for the e!ercise and continued possession ofpower

0. The purpose of the attac' is to seize or diminish statepower

Politi#al Crimes 9istinguis%e$ from Common Crimes- Political crimes are those directl" aimed against the

political order as well as such common crimes as ma"be committed to achieve a political purpose

- The decisive factor is the intent or motive

)T in ma!imum# person ingovernmentservice whoparticipates ore!ecutesdirections orcommands ofothers inunderta'ing acoup d%etatP in ma!imum# person not ingovernmentservice whoparticipates orin an" mannersupports

finances abetsor aids inunderta'ing acoup d%etat

1. (oup d% etat ma" be committed with orwithout civilian participation

2. Those liable for )ebellion nsurrectionandEor (oup d% etat C+rticle 13Da. Beaders

i. an" person who promotes maintainsor heads a rebellion or insurrection

ii. an" person who leads directs orcommands others to underta'e a coupd%etat

b. Participantsi. +n" person who participates or

e!ecutes the commands of others inrebellion or insurrection

ii. +n" person in the government servicewho participates or e!ecutesdirections or commands of others inunderta'ing a coup d%etat

iii. +n" person not in the governmentservice who participates supportsabets or aids in underta'ing a coupd%etat

1:0Conspira#y

an$ Proposalto Commit

Coup $8etat)Rebellion or

Insurre#tion

(onspirac" and Proposal to (ommit (oup d%etat P in minimumand fine not toe!ceed P6***

1. erel" agreeing and deciding to rise publicl"and ta'e arms against the government forthe purposes of rebellion or merel"proposing the commission of said acts isalread" sub-ect to punishment

2. ,o conspirac" when there is no agreementand no decision to commit rebellion

(onspirac" to (ommit )ebellion or nsurrection P( in ma!imumand fine not toe!ceed P***

Proposal to (ommit )ebellion or nsurrection P( in mediumand fine not toe!ceed P2***

1:/9isloyalty of

Publi#>ffi#ers

1. Offender is a public officer or emplo"ee2. (ommits an" of the following acts of dislo"alt":

a. Failing to resist a rebellion b" all the means in theirpower$

b. (ontinuing to discharge the duties of their officesunder the control of the rebels$

c. +ccepting appointment to office under them

P( in minimum 1. The crime of dislo"alt" of public officerspresupposes the e!istence of rebellion b" otherpersons

2. The offender under +rticle 134 must not be inconspirac" with the rebels

1:2In#iting toRebellion

1. Offender does not ta'e arms or is not in open hostilit"against the government

2. ;e incites others to the e!ecution of an" of the acts ofrebellion

3. The inciting is done b" means of speeches proclamations

P in minimum 1. nciting to )ebellion 9istinguished fromProposala. in both the offender induces another to

commit rebellionb. in proposal person who proposes has



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writings emblems banners or other representationstending to the same end

decided to commit rebellion$ in incitingit is not re@uired that offender hasdecided to commit rebellion

c. in proposal person who proposes usessecret motive$ in inciting the act is donepublicl"

2. )ebellion should not be committed1:4

Se$ition

1. The offenders rise publicl" and tumultuousl"2. The" emplo" force intimidation or other means outside of

legal methods3. The offenders emplo" an" of those means to attain an" of

the following ob-ects:a. To prevent the promulgation or e!ecution of an" law or

the holding of an" popular electionb. To prevent the ,ational ov%t or an" provincial or

municipal gov%t or an" public officer thereof fromfreel" e!ercising its or his functions or prevent thee!ecution of an" administrative order

c. To inflict an" act of hate or revenge upon the personor propert" of an" public officer or emplo"eed. To commit for an" political or social end an" act of

hate or revenge against private persons or an" socialclass$ and

e. To despoil for an" political or social end an" personmunicipalit" or province or the national gov%t of all itspropert" or an" part thereof

P in minimumand a fine note!ceedingP1**** # forthe leader ofsedition

P( in ma!imumand a fine note!ceedingP*** # for

other personsparticipatingtherein

1. 8edition is the raising of commotions ordisturbances in the state

2. 8edition 9istinguished from )ebelliona. n both there must be public

uprisingb. n sedition it is sufficient that public

uprising is tumultuous$ in rebellionthere must be ta'ing up of armsagainst the government

c. n sedition the purpose of offendersma" be political or social$ in

rebellion it is alwa"s political3. 8edition distinguished from treason #treason is the violation b" a sub-ect ofallegiance to sovereign$ sedition is theraising of commotions or disturbances in the8tate

0. Public uprising and an ob-ect of seditionmust concur

. (ommon crimes are not absorbed in sedition11

Conspira#y toCommitSe$ition

P( in mediumand fine not toe!ceed P2***

1. There must be an agreement and a decisionto rise publicl" and tumultuousl" to attainan" of the ob-ects of sedition

2. There is no proposal to commit sedition

1+In#iting toSe$ition

9ifferent "#ts Punis%e$'1. nciting to 8edition to +ccomplish an" of its Ob-ects:

a. Offender does not ta'e direct part in the crime ofsedition

b. ;e incites others to the accomplishment of an" of theacts which constitute sedition

c. The inciting is done b" means of speechesproclamation writings emblems cartoons bannersor other representations tending to the same end

2. Httering seditious words or speeches which tend to disturbthe public peace

3. 5riting publishing or circulating scurrilous libels against

P( in ma!imumand fine not toe!ceed P2***

1. S#urrilous# low vulgar mean or foul2. Httering seditious words or speeches and

writing publishing or circulating scurrilouslibels are punishable when:a. the" tend to disturb or obstruct an"

lawful officer in e!ecuting the functionsof his office$ or

b. the" tend to instigate others to cabaland meet together for unlawfulpurposes$ or

c. the" suggest or incite rebelliousconspiracies or riots$ or



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the government or an" of the dul" constituted authoritiesthereof which tend to disturb the public peacea. Offender does not ta'e direct part in the crime of

seditionb. (ommits an" of the following acts of sedition either 2

or 3

d. the" lead or tend to stir up the peopleagainst the lawful authorities or todisturb the peace of the communit" thesafet" and order of the government

3. Inowingl" concealing such evil practices istreated and punished as that of the principal

0. Two rules relative to seditious words:a. (lear and Present 9anger )uleb. 9angerous Tendenc" )ule

1:"#ts !en$ing

to Prevent

t%e eetingof Congress

1. There be a pro-ected or actual meeting of (ongress or an"of its committees or subcommittees constitutionalcommittees or divisions thereof or of an" provincial boardor cit" or municipal council or board

2. The offender who ma" be an" person prevents suchmeeting b" force or fraud

P( or a fineranging fromP2** to P2***or both

(hief of police and ma"or who prevented themeeting of the municipal council are liable under+rticle 103 when the defect of the meeting isnot manifest and re@uires an investigationbefore its e!istence can be determined

19isturban#e

of

Pro#ee$ingsof Congress

an$ SimilarBo$ies

1. There be a meeting of (ongress or an" of its committeesor subcommittees constitutional commissions orcommittees or divisions thereof or of an" provincial board

or cit" or municipal council or board2. The offender does an" of the following acts:a. ;e disturbs an" of such meetingsb. ;e behaves while in the presence of an" such bodies

in such a manner as to interrupt its proceedings or toimpair the respect due it.

+ a"or or a fineof P2** toP1***

1. The complaint for disturbance of proceedingsma" be filed b" a member of a legislativebod"

2. One who disturbs the proceedings of thecongress m" also be punished for contempt

1Violation of

Parliamentary Immunity

7irst 7orm1. The offender Can" personD uses force intimidation threats

or fraud.2. The purpose of the offender is to prevent an" member of

(ongress from:a. +ttending the meetings of (ongress or an" of its

committees etc.$ or

b. =!pressing his opinion$ orc. (asting his vote

P 1. Parliamentar" immunit" does not protectmembers of the (ongress from responsibilit"before the legislative bod" itself

2. t is sufficient that the offender in usingforce intimidation threats or frauds hasthe purpose to prevent a member of(ongress from e!ercising an" of his such

prerogatives

Se#on$ 7orm

1. Offender is a public officer or emplo"ee2. ;e arrests or searches an" member of (ongress3. (ongress at the time of arrest or search is in regular or

special session0. The member arrested or searched has not committed a

crime punishable under the (ode b" a penalt" higher thanprision ma"or

P(

10

Illegal1. +n" meeting attended b" armed persons for the purpose

of committing an" of the crimes punishable under the codeP( in ma!imumto P in medium

1. Persons present at the meeting must bearmed in the first form of illegal assembl"

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"ssemblies a. there is a meeting a gathering or group of personswhether in a fi!ed place or moving

b. that the meeting is attended b" armed personsc. that the purpose of the meeting is to commit an" of

the crimes punishable under the code2. +n" meeting in which the audience whether armed or not

is incited to the commission of treason rebellion orinsurrection sedition or assault upon a person inauthorit" or his agentsa. there is a meeting a gathering or group of persons

whether in a fi!ed place or movingb. the audience whether armed or not is incited to the

commission of the crime of treason rebellion orinsurrection sedition or direct assault

Persons liable for illegal "ssembly'

1. Organizers or leaders of the meeting2. Persons merel" present at the meeting

# for organizersor leaders of an"meeting underthis article

+ a"or #unarmed personsmerel" present

P( # armedpersons merel"present

2.


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c. there is no public uprising

2. 5ithout public uprising b" attac'ing or emplo"ing force orb" seriousl" intimidating or b" seriousl" resisting an"person in authorit" or an" of his agents while engaged inthe performance of official duties or on the occasion of

such performance

Simple "ssault'a. the offender ma'es an attac' emplo"s force ma'es a

serious intimidation or ma'es a serious resistanceb. the person assaulted is a person in authorit" or his

agentc. at the time of the assault the person in authorit" or his

agent is engaged in the actual performance of officialduties or that he is assaulted b" reason of the pastperformance of official duties

d. the offender 'nows that the one he is assaulting is a

person in authorit" or his agent in the e!ercise of hisdutiese. there is no public uprising

;ualifie$ "ssaulta. when the assault is committed with a weaponb. when the offender is a public officer or emplo"eec. when the offender la"s hands upon a person in

authorit"

Personin"ut%ority# an" person directl" vested with-urisdiction whether as an individual or as a member of somecourt or governmental corporation board or commission shall

be deemed a person in authorit"

"gentofPersonin"ut%ority# one who b" direct provisionof law or b" election or b" appointment b" competentauthorit" is charged with the maintenance of public order andthe protection and securit" of life and propert" such as abarrio viceAlieutenant barrio councilman and barrio policemanand an" person who comes to the aid of persons in authorit"

!o be an agent of a person of aut%ority) one must be#%arge$ wit%'

1. maintenance of public order$ and

weapon or whenthe offender is apublic officer oremplo"ee

P( in minimum

period and a finenot e!ceedingP** # nocircumstancespresent

authorit"0. The intimidation or resistance must be

serious whether the offended part" is anagent onl" or he is a person in authorit"

. The resist must be grave therefore it mustbe active resistance

/. ntimidation must produce its effectsimmediatel"

4. To determine whether a certain public officeris a person in authorit" the powers andduties vested in him b" law should bedetermined

6. The status of person in authorit" being amatter of law ignorance thereof is no e!cuse

7. Functions of the person in authorit" or hisagent must be clearl" shown in theinformation

1*. 5hen a person in authorit" or their agents

descended to mattes which are private innature an attac' made b" one against theother is not direct assault

11. =ven if the agent of a person in authorit"agrees to fight it still constitutes directassault

12. f a person in authorit" or his agent goesbe"ond the scope of the respective powersof public officers if the" are fi!ed then the"are considered ,OT in the performance ofofficial duties

13. Inowledge of the accused that the victim isa person in authorit" or his agent is essential

10. 9efendant must have the intention to def"the authorities

1. f is not necessar" that the person inauthorit" who was assaulted was +(TH+BBBJperforming official duties

1/. =vidence of motive is important when theperson attac'ed or seriousl" intimidated is,OT in the actual performance of his officialdut"

14. 5here in the commission of direct assaultserious or less serious ph"sical in-uries arealso inflicted the offender is guilt" of the

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2. protection and securit" of life and propert"

9istinguis% 9ire#t "ssault from >r$inary "ssault:a. 9irect assault are crimes against public order$

ordinar" assaults are crimes against personsb. 9irect assaults are triable b" the (ourt of First

nstance

comple! crime of direct assault with seriousor less serious ph"sical in-uries

16. the crime of slight ph"sical in-uries isabsorbed in direct assault

14

In$ire#t"ssaults

1. + person in authorit" or his agent is the victim of an" ofthe forms of direct assault defined in +rticle 106

2. + person comes to the aid of such authorit" or his agent3. The offender ma'es use of force or intimidation upon such

person coming to the aid of the authorit" or his agent

P( in minimumand mediumperiods and afine note!ceeding P**

1. ndirect assault can be committed onl" whena direct assault is also committed

2. The offended part" in indirect assault ma"be a private person

1,9isobe$ien#e

to SummonsIssue$ by

Congress) itsCommittees)

et#.

"#ts Punis%able'1.


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9ire#t "ssault 9istinguis%e$ from Resistan#e or Serious

9isobe$ien#e'1. n direct assault the person in authorit" or his agent must

be engaged in performance of official duties or that he isassaulted b" reason thereof but in resistance the person

in authorit" or his agent must be in actual performance ofhis duties

2. 9irect assault C2ndformD is committed in 0 wa"s$)esistance is committed onl" b" resisting or seriousl"disobe"ing

3. n both there is force emplo"ed but the force inresistance is not so serious as there is no manifestintention to def" the law$ in direct assault it must beserious and deliberate$

0. 5hen the one resisted is a person in authorit" the use ofan" 'ind or degree of force will give rise to direct assault$if no force is emplo"ed b" the offender in resisting or

disobe"ing the crime committed is resistance

person inauthorit" is notof a seriousnature

. There is -ustified resistance when theaccused had no right to ma'e the search

Paragrap% +'

/. The order must be lawful4. f the disobedience to an agent of a person

in authorit" is of a serious nature theoffender should be punished under par. 1 of+rticle 11

6. 5hen the attac' or emplo"ment of force isnot deliberate the crime is onl" resistanceor disobedience

1:

!umults an$>t%er

9isturban#esof Publi#

>r$er

!umults an$ >t%er 9isturban#es of Publi# >r$er'

1. (ausing an" serious disturbance in a public place office orestablishment

2. nterrupting or disturbing performances functions orgatherings or peaceful meetings if the act is not includedin +rticles 131 and 132

3. a'ing an" outcr" tending to incite rebellion or sedition inan" meeting association or public place

0. 9ispla"ing placards or emblems which provo'e adisturbance of public order in such place

.


15/73


person legall"e!ecuted

1nlawful seof eans ofPubli#ation

an$ nlawfultteran#es

"#ts Punis%e$ as nlawful se of eans of Publi#ationan$ nlawful tteran#es'1. Publishing or causing to be published b" means of

printing lithograph" or an" other means of publication as

news an" false news which ma" endanger the public orderor cause damage to the interest or credit of the 8tate

2.


16/73


;ualifying Cir#umstan#e- 5hat constitutes the @ualif"ing circumstance is the

offender%s act of emplo"ing briber" as a meansG ofremoving or delivering the prisoner from -ail and notthe offender%s act of receiving or agreeing to receive abribe as a consideration fro committing the offense

from an" -ail an"person confinedtherein or shallhelp escape ofsuch person b"means of

violenceintimidation orbriber"8ame Penaltiesin inimum # ifescape shouldta'e placeoutside of saidestablishment b"ta'ing guards b"surprise

0. The guard of the -ail who is off dut" ma" beheld liable for delivering prisoner from -ail

. ?iolence intimidation or briber" is notnecessar"

/. =mplo"ment of deceit is not an element ofthe offense

4. f the crime committed b" the prisoner forwhich he is confined or serving sentence istreason murder or parricide the act ofta'ing the place of the prisoner in the prisonis that of an accessor" and he ma" be heldliable as such because he assists in theescape of the principal

6. Prisoner is criminall" liable for leaving thepenal institution onl" when there is evasionof a sentence

1/

Evasion ofServi#e of

Senten#e

1. Offender is a convict b" final -udgment

2. ;e is serving his sentence which consists in deprivation oflibert"3. ;e evades the service of the sentence b" escaping during

the term of his sentence

;ualifying Cir#umstan#es'

1. b" means of unlawful entr" Cb" scalingD$2. b" brea'ing doors windows gates walls roofs or floors$3. b" using pic'loc's false 'e"s disguise deceit violence

or intimidation$ or0. thru connivance with other convicts or emplo"ees of penal

institution

P( in medium

and ma!imum #escape duringterm ofimprisonmentP( in ma!imum# if it shall ta'ewith an" of the@ualif"ingcircumstancesenumerated

1. The sentence must be b" reason of final

-udgmentG2. This article is not applicable to sentencee!ecuted b" deportation

3. Es#ape# flee from to avoid to get out ofthe wa" as to flee to avoid arrest

0. +rticle 14 is applicable to sentence ofdestierro since it consists in a deprivation oflibert"

. nlawful entry # scaling or climbing thewall

12

Evasion on>##asion of9isor$ers

1. The offender is a convict b" final -udgment who is

confined in a penal institution2. There is a disorder resulting from: conflagration

earth@ua'e e!plosion similar catastrophe or mutin" inwhich he has not participated

3. The offender evades the service of his sentence b" leavingthe penal institution where he is confined on the occasionof such disorder or during the mutin"

0. The offender fails to give himself up to the authoritieswithin 06 hours following the issuance of a proclamationb" the chief e!ecutive announcing the passing awa" ofsuch calamit"

ncrease of 1E

of time stillremaining to beserved under theoriginalsentence whichin no case shalle!ceed si!months9eductionprovided in+rticle 76 # ifconvict shall give

1. Offender must be a convict b" final

-udgment2. The convict must leave the penal institution3. 5hat is punished is not the leaving of the

penal institution but the failure of theconvict to give himself up to the authoritieswithin 06 hours after the proclamationannouncing the passing awa" of the calamit"

0. f offender fails to give himself up he getsan increased penalt"

5. f offender gives himself up he is entitle to a

deduction of 1Ethof his sentence



17/73


utiny# organized unlawful resistance to a superior officer$ asedition or revolt$ does not include a riot or if prisonersdisarmed the guards and escaped since the" are not theirsuperior officers

himself up within06 hours

14Violation of

Con$itionalPar$on

1. Offender was a convict2. ;e was granted a conditional pardon b" the (hief

=!ecutive3. ;e violated an" of the conditions of such pardon

Con$itionalPar$on# a contract between the (hief=!ecutive who grants the pardon and the convict whoaccepts it

P( in minimumperiod # if

penalt" remitteddoes not e!ceed/ "ears

Hne!piredPortion ofOriginal8entence # ifpenalt" remittedis higher than /"ears

1. The court cannot re@uire the convict to servethe une!pired portion of his original

sentence if it does not e!ceed / "ears2. ?iolation of conditional pardon is not a

substantive offense because the penalt" forsuch violation is the une!pired portion of thepunishment in the original sentence

3. (ondition e!tends to special laws0. Offender must be found guilt" of subse@uent

offense before he can be prosecuted under+rticle 17

. Offender can be arrested and reAincarceratedwithout trial

/. The period when convict was at libert" not

deducted in case he is recommitted4. 9uration of the conditions subse@uent islimited to the remaining period of thesentence

10,

Commissionof "not%er

Crime 9uring

Servi#e ofPenalty

Impose$ for"not%erPrevious

>ffense

;uasi-Re#i$ivism

1. The offender was alread" convicted b" final -udgment ofone offense

2. ;e committed a new felon" before beginning to serve suchsentence or while serving the same

;uasiARe#i$ivism 9istinguis%e$ from Reitera#ion#reiteracion re@uires that the offender against who it isconsidered shall have served out his sentences for the prior

offenses


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Signature orCounterfeit

Seal orStamp

b" another person2. The offender 'new of the counterfeiting or forger"3. ;e used the counterfeit seal or forged signature or stamp

10:aking an$

Importingan$ ttering

7alse Coins

1. There be false or counterfeited coins2. The offender either made imported or uttered such coins

3. That in case of uttering such false or counterfeited coinshe connived with the counterfeiters or importers

Coin# is a piece of metal stamped with certain mar's andmade current at a certain value

Counterfeiting# means the imitation of a legal or genuinecoin$ there must be an imitation of the peculiar design of agenuine coin

Import# means to bring them into port

tter# means to pass counterfeited coins$ includes theirdeliver" or act of giving them awa"

P in minimumand medium and

a fine not toe!ceed P1****# silver coin ofPhilippines orcoin of (t%er

9o#umentsPayable to

Bearer

2. mportation of such false or forged obligations or notes3. Httering of such false or forged obligations or notes in

connivance with the forgers or importers

7orging# committed b" giving to a treasur" or ban' note oran" instrument pa"able to bearer or to order the appearance

of a true and genuine document$ to forge an instrument is toma'e false instrument intended to be passed for the genuineone

7alsifi#ation# committed b" erasing substitutingcounterfeiting or altering b" an" means the figures letterswords or signs contained therein

Importation# means to bring them into the Philippineswhich presupposes that the obligations or notes are forged orfalsified in a foreign countr"

ttering# means offering obligations or notes 'nowing themto be false or forged whether such offer is accepted or notwith a representation b" words or actions that the" aregenuine and with an intent to defraud

>bligationorSe#urity# all bonds certificates ofindebtedness national ban' notes coupons treasur" notesfractional notes certificates of deposits bills chec's draftsfor mone" and other representatives of value under an" act of(ongress

# obligation orsecurit" ofPhilippinesP a"or inma!imum periodand a fine not to

e!ceed P*** #circulating noteissued b" an"ban'ingassociation dul"authorized b"lawP a"or inmedium and afine not toe!ceed P*** #issued b" foreigngov%tP a"or inminimum and afine not toe!ceed P2*** #circulating noteor bill issued b"foreign ban' dul"authorizedtherefore

that ma" be forged or falsified under +rticle1//:a. Treasur" or ban' notesb. (ertificatesc. Other obligations and securities pa"able

to bearer

3. + ban' note certificate or obligation andsecurit" is pa"able to bearer when it can benegotiated b" mere deliver"

0. Penalties depend upon the 'ind of forgedtreasure or ban' notes or other documents

. Forger" is (ommitted: C+rticle 1/7Da. t%er

1. That an" treasur" or ban' not or certificate or otherobligation and securit" pa"able to bearer or an"instrument pa"able to order or other document of creditnot pa"able to bearer is forged or falsified b" anotherperson

2. The offender 'nows that an" of those instruments isforged or falsified

3. ;e performs an" of these acts:

Penalt" ne!tlower in degreethan thatprescribed insaid articles

1. ntent to posses is not intent to use2. Possession of false treasur" or ban' notes

alone is not a criminal offense3. +ccused must have 'nowledge of forged

character of the note0. + person in possession of falsified document

and who ma'es use of the same is presumedto be material author of falsification



20/73


Instrumentsof Cre$it

a. using an" of such forged or falsified instrumentsb. possessing with intent to use an" of such forged or

falsified instruments

. t is not an impossible crime when the actperformed would have been a crime of illegalpossession of false treasur" notes

1/,7alsifi#ationof Legislative

9o#uments

1. That there be a bill resolution or ordinance enacted orapproved or pending approval b" either ;ouse of theBegislature or an" provincial board or municipal council

2. The offender alters the same3. ;e has no proper authorit" therefore0. The alteration has changed the meaning of the document

P( in ma!imumand a fine not toe!ceed P/***

1.


21/73


i. that the offender ma'es in a document statementsin a narration of facts

ii. that he has a legal obligation to disclose the truthof the facts narrated b" him

iii. that the facts narrated b" the offender areabsolutel" false

e. +ltering true datesf. a'ing an" alteration or intercalation in a genuine

document which changes its meaningi. that there be an alteration CchangeD or

intercalation CinsertionD on a documentii. that it was made a genuine documentiii. that the alteration or intercalation has changed the

meaning of the documentiv. that the change made the document spea'

something falseg. ssuing in authenticated form a document purporting

to be a cop" of an" original document when no suchoriginal e!ists or including in such cop" a statementcontrar" to or different from that of the genuineoriginal

h. ntercalating an" instrument or note relative to theissuance thereof in a protocol registr" or official boo'.

0. n case the offender is an ecclesiastical minister the act offalsification is committed with respect to an" record ordocument of such character that its falsification ma" affectthe civil status of persons

1/+

7alsifi#ationby PrivateIn$ivi$uals

an$ use of7alsifie$

9o#uments

"#ts Punis%e$ an$ !%eir Re?uisites'

1. Falsification of public official or commercial document b" aprivate individual

a. that the offender is a private individual or a publicofficer or emplo"ee who did not ta'e advantage of hisofficial position

b. that he committed an" of the acts of falsificationenumerated in +rticle 141

c. that the falsification was committed in a public orofficial or commercial document

2. Falsification of private document b" an" persona. that the offender committed an" of the acts of

falsification e!cept those in paragraph 4 enumeratedin +rticle 141

P( in mediumand ma!imumand a fine of notmore than

P***

Paragraph 11. Four Iinds of 9ocuments

a. Public 9ocument # created e!ecuted orissued b" a public official in response to

e!igencies of public service or ine!ecution of which a public officialintervened

b. Official 9ocument # issued b" a publicofficial in e!ercise of the functions of hisoffice

c. Private 9ocuments # deed or instrumente!ecuted b" a private person without theintervention of notar" public or otherperson legall" authorized b" whichdocument some disposition oragreement is proved evidenced or set

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22/73


b. that the falsification was committed in an" privatedocument

c. that the falsification caused damage to a third part" orat least the falsification was committed with intent tocause such damage

3. Hse of falsified documentIntro$u#ing in t%er !ransa#tion'

a. that the offender 'new that a document was falsifiedb" another person

b. that the false document is embraced in +rticle 141 orin an" of subdivision no. 1 or 2 of +rticle 142

c. that he used such document Cnot in -udicialproceedingsD

d. that the use of the false documents caused damage toanother or at least it was used with intent to causesuch damage

forthd. (ommercial 9ocuments # defined and

regulated b" the (ode of (ommerce oran" other commercial law

2. ere blan' form of official document is notin itself a document

3. Possessor of a certificate of tile is presumedto be the author of the falsification thatmade possible the transfer of title

0. Possessor of falsified document is presumedto be author of falsification

. ood faith is a defenseParagraph 21. ere falsification is not enough$ re@uires:

a. he must have counterfeited the falsedocument

b. he must have performed an independentact which operates to pre-udice 3rd

person2. 9amage need not be material3. not necessar" that offender profited or hope

to profit b" falsification0. Falsification ma" be a necessar" means to

commit other crimesa. no comple! crime of estafa thru

falsification of private documentb. no falsification thru rec'less imprudence

if document is private and no actualdamage is caused

c. crime is falsification of public documenteven if falsification too' place before the

private document becomes part of publicrecordsenerall" falsification has no attempted orfrustrated stageParagraph 31. 9amage not necessar" in crime of

introducing in -udicial proceedings$ ntent tocause damage at least is re@uired in use offalsified document in proceeding not -udicial

2. Hser deemed author of falsification ifa. the use was so closel" connected in time

with falsification

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23/73


b. the user had the capacit" of falsif"ingthe document

1/:7alsifi#ationof &ireless)

Cable)

!elegrap%an$

!elep%oneessages

"#ts Punis%able1. Httering fictitious wireless telegraph or telephone

messagea. That the offender is an officer or emplo"ee of the

government or of a private corporation engaged inthe service of sending or receiving wireless cable ortelephone message

b. That the offender commits an" of the following acts:i. uttering fictitious wireless cable telegraph or

telephone messageii. falsif"ing wireless cable telegraph or telephone

message2. Falsif"ing wireless telegraph or telephone message

K same as above3. Hsing such falsified message

a. that the accused 'new that wireless cable telegraphor telephone message was falsified b" an" of theperson specified in the 1stparagraph of +rticle 143

b. that the accused used such falsified dispatchc. that the use of the falsified dispatch resulted in the

pre-udice of a 3rdpart" or that the use thereof waswith intent to cause such pre-udice

P( in mediumand ma!imum #falsificationPenalt" ne!t

lower in degree #use of suchfalsified dispatch

1. Private individual cannot be a principal b"direct participation in falsification oftelegraphic dispatches

2. Private individual ma" be held liable as

principal b" inducement in falsification oftelegraph dispatches or telephone messages

1/7alsifi#ation

of e$i#alCertifi#ates)

Certifi#atesof erit or

Servi#e

Persons Liable'1. Ph"sician or 8urgeon # must refer to illness or in-ur" of a

person$ called False edical (ertificate b" a Ph"sicianG2. Public Officer # includes merit service good conduct or

similar circumstances$ called False (ertificate of erit or8ervice b" a Public OfficerG

+ a"or ina!imum to P(in minimum anda fine not toe!ceed P1***

1. Certifi#ate # an" writing b" whichtestimon" is given that a fact has or has notta'en place

2. Falsification of certificate of large cattle isnow covered b" +rticle 141 or 142 and not140

3. Private ndividual # False edical (ertificate b" a Private

ndividualG or False (ertificate of erit b" a PrivatendividualG

+ a"or

1/sing 7alseCertifi#ates

1. That the ph"sician or surgeon had issued a false medicalcertificate or a public officer had issued a false certificateof merit or service good conduce or similar circumstanceor a private person had falsified an" of said certificates

2. that the offender 'new that the certificate was false3. that he used the same

+ enor

1/0nftg an$

Possession of

Implements

"#ts Punis%e$'

1. a'ing or introducing in to the Philippines an" stampsdies mar's or other instruments or implements forcounterfeiting or falsification

P( in mediumand ma!imumand a fine not toe!ceed P1****

1. mplements confiscated need not form acomplete set

2. +lso punished constructive possession

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24/73


for7alsifi#ation

2. Possessing with intent to use the instruments orimplements for counterfeiting or falsification made in orintroduced into the Philippines b" another person

Penalt" ne!tlower in degree

1//surpation of

"ut%ority or>ffi#ial

7un#tions

!wo &ays of Committing t%e Crime'

1.


25/73


Illegal se ofniforms or

Insignia

2. That the insignia uniform or dress pertains to an officenot held b" the offender or to a class of persons of whichhe is not a member

3. That said insignia uniform or dress is used publicl" andimproperl"

not punishable2. +n e!act imitation of a uniform or dress is

unnecessar"

12,

7alse!estimony

"gainst a9efen$ant

1. That there be a criminal proceeding

2. That the offender testifies falsel" under oath against thedefendant therein

3. That the offender who gives false testimon" 'nows that itis false

0. that the defendant against whom the false testimon" isgiven is either ac@uitted or convicted in a final -udgment

7alse!estimony# committed b" a person who being underoath and re@uired to testif" as to the truth of a certain matterat a hearing before a competent authorit" shall den" the truthor sa" something contrar" to it

5ature of Crime of 7alse !estimony# particularl" odiouswhen committed in -udicial proceedings as it constitutes animposition upon the court and seriousl" e!poses it to amiscarriage of -ustice

)T if the

defendant shallhave beensentenced todeathP if defendantshall have beensentenced to )Tor Perpetua+ a"or ifdefendant shallhave beensentenced tocorrectionalpenalt" or a fineor shall havebeen ac@uitted

1. Penalt" for false testimon" against the

defendant in a criminal case depends uponthe sentence imposed on the person againstwhom the false testimon" was given

2. 9efendant must be sentenced at least to acorrectional penalt" or a fine or must beac@uitted

3. 5itness who gave false testimon" is liableeven if his testimon" was not considered b"the court

0. The law intends to punish the mere giving offalse testimon"

1217alse

!estimony

7avorable to9efen$ant

5ature of t%e Crime# False testimon" favorable to thedefendant is e@uall" repugnant to the orderl" administration of-ustice

False testimon" is punished because of its tendenc" to favor orto pre-udice the defendant

+ a"or in ma!to P( inminimum and afine not toe!ceed P1*** #if prosecution isfor a felon"punishable b" an

afflictive penalt"+ a"or # in an"other case

1. False testimon" b" negative statement is infavor of defendant

2. The false testimon" favorable to thedefendant need not benefit the defendant

3. )ectification made spontaneousl" afterrealizing the mista'e is not false testimon"

12+7alse

!estimony inCivil Cases

1. That the testimon" must be given in a civil case2. That the testimon" must relate to the issues presented in

said case3. That the testimon" must be false0. That the false testimon" must be given b" the defendant

'nowing the same to be false. That the testimon" must be malicious and given with an

intent to affect the issues presented in said case

P( in minimumand a fine not toe!ceed P/***

+ a"or in ma!to P( inminimum andfine not toe!ceed P1***

1. The testimon" given in civil case must befalse

2. +rticle 162 is not applicable when the falsetestimon" is given in special proceedings

3. Penalt" depends on amount of thecontrovers"a. P( in minimum and a fine not to e!ceed

P/*** # if amount in controvers" shalle!ceed P***

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26/73


b. + a"or in ma! to P( in minimum andfine not to e!ceed P1*** # if amount incontrovers" shall not e!ceed saidamount or cannot be estimated

12:7alse

!estimony in>t%er Cases

an$ Peruryin Solemn

"ffirmation

1. Two wa"s of (ommitting Per-ur"a.


27/73


Evi$en#e>ffer of Evi$en#e begins the moment a witness is called tothe witness stand and interrogated b" counsel

liable because desistance during theattempted stage of e!ecution is anabsolutor" cause which e!empts him fromcriminal liabilit"

2. +rticle 160 applies when the offender doesnot induce a witness to testif" falsel"

12a#%inations)

onopolies)an$

Combinations

1.


28/73


importer of an" merchandise or ob-ect of commerceb. (rime (ommitted b" # combining conspiring or

agreeing with an" personc. Purpose # to ma'e transactions pre-udicial to lawful

commerce or to increase the mar'et price of an"merchandise or ob-ect of commerce manufactured

produced processed assembled or imported into thePhilippines

thereof$


29/73


attached or affi!ed to the goods of the owner 9. The e!clusive right to an originall" valid

trademar' or trade name is lost if for somereason it loses its distinctiveness or hasbecome publici jurisG

124

nfairCompetition)

7rau$ulentRegistration

of !ra$e5ame)

tra$emark) orservi#e mark)

7rau$ulent$esignation

of >rigin) an$7alse

9es#ription

"#ts Punis%e$'

1.


30/73


dealer and sells his goods on which thetrademar' is affi!ed

4. The use of dul" stamped or mar'edcontainers is regulated

14, 14 )epealed b" 9angerous 9rugs +ct of 174214 144 +mended b" P9 1/*2 Prescribing 8tiffer Penalties in llegal

ambling140

Importation)sale an$

Possession ofLottery

!i#kets or"$s

+cts Punished:1.


31/73


organizes such coc'fights at a place other than a licensedcoc'pit

+,,3rave

S#an$al

1. That the offender performs an actCsD2. That such actCsD be highl" scandalous as offending against

decenc" or good customs

3. That the highl" scandalous conduct is not e!pressl" fallingwithin an" other article of this (ode0. That the act or acts complained of be committed in a

public place or within the public 'nowledge or view3rave S#an$al# consists of acts which are offensive todecenc" and good customs which having been committedpublicl" have given rise to public scandal to persons who haveaccidentall" witnessed the same

+ a"or andPublic (ensure

1. 9ecenc" # propriet" of conduct$ properobservance of the re@uirements of modest"good taste etc.

2. (ustoms # established usage socialconventions carried on b" tradition andenforced b" social disapproval of an"violation thereof

3. f the actCsD of the offender are punishedunder another article of this code +rticle2** is not applicable

0. The acts must be performed in a public placeor within the public 'nowledge or view

+,1Immoral

9o#trines)

>bs#ene

Publi#ationsan$

E=%ibitions)

an$ In$e#entS%ows

Publicit" is essential

oral# conformit" with the generall" accepted standards ofgoodness or rightness in conduct or character

>bs#ene# something offensive to chastit" decenc" delicac"

Those Biable:1. Those who shall publicl" e!pound or proclaim doctrines

openl" contrar" to public morals2. +uthors of obscene literature published with their

'nowledge in an" form the editors publishing suchliterature$ and the ownersEoperators of the establishmentselling the same

3. Thos who in theaters fairs cinematographs etc. e!hibitindecent or immoral pla"s scenes acts etc. it beingunderstood that the obscene literature or indecent orimmoral la"s etc. whether in live or in file which areproscribed b" virtue hereof

0. Those who shall sell give awa" or e!hibit films printsengravings sculptors etc. which are offensive to morals

P or a fineranging fromP/*** toP12*** or both

1. The author of obscene literature is liable onl"when it is published with his 'nowledge

2. n ever" case the editor publishing is liable3. The test of obscenit" is whether the

tendenc" of the matter charged as obsceneis to deprave or corrupt those minds areopen to such immoral influences an d intowho shads such a publication ma" fall andalso whether or not such publication or actshoc's the ordinar" and common sense ofmen as an indecenc"

0. ere nudit" in pictures or paintings is not anobscenit"

. ive +wa"G should be read as distributeG/. Pictures with slight degree of obscenit" not

used for art%s sa'e but for commercialpurposes fall under this +rticle

4. The ob-ect of the law is to protect the moralsof the public

6. 9isposition of articles # to be forfeited infavor of the government

+,+Vagrants an$

Prostitutes

Vagrants'

1. +n" person having no apparent means of subsistence whohas ph"sical abilit" to wor' and who neglects to appl"himself to some lawful calling

2. +n" person found loitering about public or semiApublicbuildings or places or tramping or wandering about thecountr" or the streets without visible means of support

3. +n" idle or dissolute person who lodges in houses of illA

+ enor or a finenot e!ceedingP2**

n case ofrecidivism +a"or in mediumto P( in

1. Onl" par. 1 and 2 re@uires absence of visiblemeans of support

2. endicanc" and abetting mendicanc" arepunished

3. iving of alms thru organized agenciesoperation under the rules and regulations ofthe inistr" of Public nformation is not aviolation of the endicanc" Baw

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32/73


fame$ ruffians or pimps and those who habituall"associate with prostitutes

0. +n" person who not being included in the provision ofother articles of this (ode shall be found loitering in an"inhabited or uninhabited place belonging to anotherwithout an" lawful or -ustifiable purpose

Prostitute# a woman who for mone" or profit habituall"indulge in se!ual intercourse or lascivious conduct

minimum or afine from P2** toP2*** or both

0. 9issolute # la! unrestrained immoral. )uffians # brutal violent lawless persons/. Pimp # one who provides gratification for the

lust of others4. 8e!ual intercourse is not absolutel"

necessar"

+,:&%o arePubli#

>ffi#ers

1. Ta'ing part in the performance of public functions in theovernment or performing in said overnment or in an"of its branches public duties as an emplo"ee agent orsubordinate official of an" ran' or class$ and

2. That his authorit" to ta'e part in the performance of publicfunctions or to perform public duties must be:a. b" direct provision of the law orb. b" popular electionc. b" appointment b" competent authorit"

1. The term public officersG embraces ever"public servant from the highest to thelowest

2. Temporar" performance of public functionsb" a laborer ma'es him a public officer

+,FnowinglyRen$ering

nust


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/. Mudgment must be contrar" to law and notsupported b" evidence

4. There must be evidence that the -udge 'newthat his -udgment is un-ust

+,Ren$ering


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+,4Betrayal of

!rust by an"ttorney or

Soli#itor

"#ts Punis%e$'1.


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pertains to the official dut" of the officer2. n briber" the offender refrained from doing his official

dut" in consideration of a gift received or promised$ whilein crime of prevaricacion this element is ,OT necessar"

1. The act which the public officer agrees toperform must be connected with theperformance of official duties

2. t is not briber" if the act is in discharge of amere moral dut"

3. The fact that the act agreed to be performed

is in e!cess of his power -urisdiction orauthorit" is no defense =(=PT: if act is soforeign to duties of office as to lac' evencolor of authorit"

0. n briber" the gift or present must be givento the public officer to corrupt him

+11In$ire#t

Bribery

1. That the offender is a public officer2. That he accepts gifts3. That the said gifts are offered to him b" reason of his

office

9ire#t Bribery 9istinguis%e$ from In$ire#t Bribery'1. n both the public officer receives a gift

2. n direct briber" there is an agreement between thepublic officer and the giver$ in indirect briber" usuall" nosuch agreement e!ists

3. n direct briber" the offender agrees to perform orperforms an act or refrains from doing something becauseof the gift or promise$ in indirect briber" in is ,OTnecessar" that the officer should do an" particular act oreven promise to do an" act as it is enough that heaccepts gifts offered to him b" reason of his office

+ a"orsuspension inminimum andmedium andpublic censure

,o attempted or

frustratedindirect briber"

1. The gift is usuall" given to the public officerin anticipation of future favor from the publicofficer

2. There must be a clear intention on the partof the public officer to ta'e the gift sooffered and consider the same as his ownpropert"

3. ere ph"sical receipt unaccompanied b" an"other sign circumstance or act to show suchacceptance is ,OT sufficient to lead the courtto conclude that the crime of indirect briber"has been committed

0. People vs. Pamplona Cpg. 3/1D # consideredindirect briber" even if there was a sort ofagreement between public officer and giver$reason: the act e!ecuted b" the accusedwas ,OT un-ust therefore it cannot be directbriber"

+11-"

;ualifie$Bribery

1. That the offender is a public officer or entrusted with law

enforcement2. That the offender refrains from arresting or prosecuting anoffender who has committed a crime punishable b" )PandEor death

3. That the offender refrains from arresting or prosecutingthe offender in consideration of an" promise gift orpresent

Penalt" for

offense whichwas notprosecuted #first paragraph

Penalt" of death# if it is thepublic officerwho as's ordemands suchgift or present



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+1+Corruption of

Publi#>ffi#ials

1. That the offender offers or promises or gives gifts orpresents to a public officer

2. That the offers or promises are made or the gifts orpresents given to a public officer under circumstances thatwill ma'e the public officer liable for direct briber" orindirect briber"

8ame penaltiesimposed uponofficer corruptede!ceptdis@ualificationand suspension

1. Offender in this article is the giver or offeror2. The public officer sought to be bribed is not

criminall" liable unless he accepts the gift orconsents

3. ffenses

+cts Punishable as Frauds +gainst Public Treasur":1.


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3. That he commits an" of the frauds or deceits enumeratedin +rticles 31 to 316

provisions of(hapter / Title1*


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propert"- negligence must be positive and clearl" shown to be

ine!cusable appro!imating malice or fraud0.


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indispensable cooperation in comple! crimeof malversation thru falsification of a publicdocument b" rec'less negligence

2*. 9amage to the government is ,OTnecessar"

+12

7ailure of"##ountable

>ffi#er toRen$er

"##ounts

1. That the offender is a public officer whether in the service

or separated therefrom2. That he must be an accountable officer for public funds or

propert"3. That he is re@uired b" law or regulation to render accounts

to the (O+ or to a provincial auditor0. That he fails to do so for a period of two months after such

accounts should be rendered

P( in minimum

or fine rangingfrom P2** toP/*** or both

1. 9emand for accounting is not necessar"

2. )eason wh" ere Failure to )ender +ccountis Punishable: performance of the dut"

3. isappropriation is not necessar" in order tobe liable under this article

+14

7ailure toRen$er

"##ountsbefore

Leaving t%e

Country

1. That the offender is a public officer2. That he must be an accountable officer for public funds or

propert"3. That he must have unlawfull" left Cor be on the point of

leavingD the Philippines without securing from (O+ acertificate showing that his accounts have been finall"

settled

+ a"or or fineranging fromP2** to P1***or both

The act of leaving the countr" must beunauthorized or not permitted b" law

++,Illegal se ofPubli# 7un$s

or Property

1. That the offender is a public officer2. That there is public fund or propert" under his

administration3. That such public fund or propert" has been appropriated

b" law or ordinance0. That he applies the same to a public use other than that

for which such fund or propert" has been appropriated b"law or ordinance

P( minimum or afine ranging from to total valueof summisapplied withT89 # if damageorembarrassmentresulted

Fine from A*Lof summisapplied # ifno damage orembarrassmentresulted

1. The public finds or propert" must beappropriated b" law or ordinance for aparticular purpose

2. llegal Hse of Public Funds or Propert"9istinguished from alversation under+rticle 214:a.


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Publi# 7un$sor Property

2. ffi#ers

In#lu$e$ int%e Pre#e$ing

Provisions

Private In$ivi$uals &%o ay be Liable from "rts. +1/-++1'

1. Private individuals who in an" capacit" whatever havecharge of an" national provincial or municipal fundsrevenue or propert"

2. +dministrator or depositor" of funds or propert" attachedseized or deposited b" pubic authorit" even if suchpropert" belongs to a private individual

Provisions of thischapter shallappl"

1. Purpose: to e!tend the provision of this(ode on malversation to private individuals

2. 8heriffs and receivers fall under the termadministratorG

3. Mudicial administrator is not covered b" thisarticle

0. Private propert" is included provided it isattached seized or deposited with publicauthorit"

++:Conniving

wit% orConsenting to

Evasion

1. That the offender is a public officer2. That he had in his custod" or charge a prisoner either

detention prisoner or prisoner b" final -udgment3. That such prisoner escaped from his custod"0. That he was in connivance with the prisoner in the latter%s

escapeClasses of Prisoners Involve$'

1. Fugitive sentenced b" final -udgment to an" penalt"2. Fugitive held onl" as detention prisoner for an" crime or

violation of law or municipal ordinance

P( medium andma!imum andT89 ma!imum toP89 # sentencedb" final-udgment to an"penalt"P( minimum andT89 # fugitivenot finall"convicted butonl" held as

detentionprisoner

1. (onnivance with the prisoner in his escape isan indispensable element

2. 9etention Prisoner # person in legal custod"arrested for and charged with some crimeor public offense

3. )elease of detention prisoner who could notbe delivered to the -udicial authorit" withinthe time fi!ed b" law is not infidelit" in thecustod" of the prisoner

0. Benienc" or la!it" is not infidelit" Ce.g.prisoner allowed to eat in restaurant nearmunicipal buildingD

. )ela!ation of mprisonment is consideredinfidelit"++

Evasion!%roug%

5egligen#e

1. That the offender is a public officer2. That he is charged with the conve"ance or custod" of a

prisoner either detention prisoner or prisoner b" final-udgment

3. That such prisoner escapes thru his negligence

Liability of Es#aping Prisoner'

1. (onvict b" reason of final -udgment # +rticle 142. 9etention Prisoner # no liabilit"

+ a"orma!imum to P(minimum andT89

1. The prisoner is either a convict b" a final-udgment or detention prisoner

2. 5hat is punished invasion thru negligence issuch a definite la!it" as all but amounts todeliberate nonAperformance of dut" on thepart of the guard Ce.g. falling asleep lac' ofade@uate precautionsD

3. The fact that public officer recaptured theprisoner does not afford completee!culpation

(vvverga Se#on$ Semester) "* +,,-+,, Page , of /Criminal Law II Reviewer


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++Es#ape of

Prisonerun$er t%e

Custo$y of aPerson not a

Publi# >ffi#er

1. That the offender is a private person2. That the conve"ance or custod" of a prisoner or person

under arrest is confided to him3. That the prisoner or person under arrest escapes0. That the offender consents to the escape of the prisoner or

person under arrest or that the escape ta'es place thru

his negligence

Penalt" ne!tlower in degreethan thatprescribed forthe public officer

This article does not appl" if a private personwas the one who made the arrest and consentedto the escape of the person he arrested

++0

Removal)Con#eal-ment

or9estru#tion

of 9o#uments

1. That the offender be a public officer2. That he abstracts destro"s or conceals documents or

papers3. That the said documents or papers should have been

entrusted to such public officer b" means of his office0. That damage whether serious or not to a third part" or

to the public interest should have been caused

"#ts Punis%able in Infi$elity in Custo$y of 9o#uments'

1. )emoving2. 9estro"ing3. (oncealing documents or papers officiall" entrusted in the

offending public officer

Infi$elity in Custo$y of 9o#ument $istinguis%e$ from

alversation an$ 7alsifi#ation1. alversation and Falsification # when postmaster received

mone" orders signed as pa"ee collected andappropriated the respective amounts

2. nfidelit" in (ustod" of Papers # when postmaster receiveslettersEenvelopes containing mone" orders and O arenot sent to addressees the postmaster cashing the samefor his own benefit

9o#ument# written instrument b" which something is provedor made of record

P and fine note!ceedingP1*** # seriousdamage

P( minimum andmedium and finenot e!ceedingP1*** #damage notserious

3. Public officer must be officiall" entrustedwith the documents or papers

0. The document must be (OPB=T= and oneb" which a right could be established or anobligation could be e!tinguished

.


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Close$9o#uments

entrusted to his custod"3. That he opens or permits to be opened said closed papers

documents or ob-ects0. That he does not have proper authorit"

e!ceedingP2***

custod" of the accused b" reason of hisoffice

3. The act should not fall under +rticle 224C


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+:+9isobe$ien#e

to >r$er ofSuperior

>ffi#er) &%enSai$ >r$er

wasSuspen$e$

by Inferior>ffi#er

1. That the offender is a public officer2. That an order is issued b" his superior for e!ecution3. That he has for an" reason suspended the e!ecution of

such order0. That his superior disapproves the suspension of the

e!ecution of the order

. That the offender disobe"s his superior despite thedisapproval of the suspension

P( minimum andmedium and P89

1. )eason for Provision: superior officer ma"sometimes err or orders ma" proceed froma mista'en -udgment

2. The article does not appl" if the order of thesuperior is illegal

+::Refusal of

"ssistan#e

1. That the offender is a public officer2. That a competent authorit" demands from the offender

that he land his cooperation towards the administration of-ustice or other public service

3. That the offender fails to do so maliciousl"

+ a"or mediumto P( minimumP89 and fine note!ceedingP1*** # seriousdamage

+ a"or mediumand ma!imum

fine note!ceeding P**# not so seriousdamage

1. 9emand must be from a competentauthorit"

2. 9amage to public interest is essential greator small

+:Refusal to9is#%arge

Ele#tive>ffi#e

1. That the offender is elected b" popular election to publicoffice.

2. That he refuses to be sworn in or to discharge the dutiesof said office

3. That there is no legal motive for such refusal to be swornin or to discharge the duties of said office

+ a"or or finenot e!ceedingP1*** or both

1. )efusal must be without legal motive2. )eason for Provision: matter of dut" to

discharge duties of said office3. +rticle 230 ,OT applicable to appointive

officer

+:altreat-ment of

Prisoners

1. That the offender is a public officer or emplo"ee2. That he has under his charge a prisoner or detention

prisoner3. That he maltreats such prisoner in either of the following

manners:a. b" overdoing himself in the correction or handling of a

prisoner or detention prisoner under his charge either#i. b" the imposition of punishments not

authorized b" the regulations orii. b" inflicting such punishments Cthose

authorizedD in a cruel and humiliating manner

P( mediumperiod to P inminimum inaddition toliabilit" forph"sical in-uriesor damagescaused underparagraph 1

1. The public officer must have actual charge ofthe prisoner to hold him liable fromaltreatment of prisoner

2. Offended part" must be a convict ordetention prisoner

3. To be detention prisoner the person arrestedmust be placed in -ail even for a short while

0. The maltreatment must relate to thecorrection or handling of the prisoner ormust be for the purpose of e!torting aconfession or of obtaining some informationfrom the prisoner



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. f ph"sical in-uries were due to a personalgrudge it would not fall under this article

/. Offender ma" also be liable for ph"sicalin-uries or damage caused

4. ,o comple! crime of maltreatment withserious or less serious ph"sical in-uries

b. ffi#e

1. That the offender is entitled to hold a public office oremplo"ment either b" election or appointment

2. That the B+5 re@uires that he should first be sworn inandEor should first give a bond

3. ;e assumes performance of duties and powers of suchoffice

0. That he has not ta'en his oath andEor given bond re@uired

8uspended untilcomplied withformalities andfine from P2**AP**

+:/Prolonging

Performan#e

of 9uties an$Powers

1. That the offender is holding a public office2. That the period provided b" law regulations or special

provisions for holding such office has alread" e!pired

3. That he continues to e!ercise the duties and powers ofsuch office

P( minimumT89 minimumand fine not

e!ceeding P**

Public officer who has been suspendedseparated declared overaged or dismissedcannot continue to perform the duties of his

office

+:2"ban$onment of >ffi#e or

Position

1. That the offender is a public officer2. That he formall" resigns from his position3. That his resignation has not "et been accepted0. That he abandons his office to the detriment of the public

service

;ualifying Cir#umstan#e'- preventing prosecuting or punishing an" of the crimes

falling within Title One and (hapter One of Title 3 of


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+1surpation of


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accused

5ote:1. Other ascendants or descendants must be legitimate2. Father mother or child ma" be legitimate or illegitimate

otherwise the crime is infanticide0. 8pouse must be legitimate. )elationship must be alleged/. There is crime of parricide thru rec'less

imprudence4. There is also parricide b" mista'e

6. + stranger who cooperates in parricide willnot be guilt" of parricide b" onl" homicide ormurder

+/9eat% orP%ysi#al

InuriesInfli#te$

n$erE=#eptional

Cir#um-

stan#es

1. That a legall" married person or a parent surprises hisspouse or his daughter the latter under 16 "ears of ageand living with him in the act of committing se!ualintercourse with another person

2. That he or she 'ills an" or both of them or inflicts uponan" or both of them an" serious ph"sical in-ur" in the actor immediatel" thereafter

3. That he has not promoted or facilitated the prostitution ofhis wife or daughter or that he or she had not consentedto the infidelit" of the other spouse

Surprise# to come upon suddenl" and une!pectedl"

Cases w%en Parri#i$e is not punis%e$ wit% RP to 9eat%'1. Parricide committed through negligence C+rticle 3/D2. 5hen it is committed b" mista'e C+rticle 207D3. 5hen it is committed under e!ceptional circumstances

C+rticle 204D

K ,ote:A Mustification for this article: burst of passion

K ,ote:This article doesnot define andpenalize apenalt"

9estierro # ifaccused 'illed orinflicted seriousph"sical in-uries

on spouse orother person

=!empt frompunishment # ifinflicted ph"sicalin-uries of an"'ind

9estierro isintended toprotect spousefrom reprisals b"relatives ofdeceased spouse

1. )e@uired to be a legall" married person2. The article does not seem to re@uire that the

parent be legitimate it re@uires onl" thatshe is under 16 and that she is living withher parents

3. The article does not seem to appl" to amarried daughter

0. 8urprising the spouse or daughter in +(T ofse!ual intercourse in indispensable

. This article is not applicable when the

accused did not see his spouse in the act ofse!ual intercourse with another person

/. t is enough however that the circumstancesshow reasonabl" that the carnal act is beingcommitted or has -ust been committed

4. There is conflict of opinion on whetherse!ual intercourseG includes preparator"acts

6. The 'illing or inflicting of in-uries must be:CaD in the act of se!ual intercourse or C2Dimmediatel" thereafter

7. The discover" the escape the pursuit andthe 'illing must all form part of onecontinuous act

1*. The 'illing must be the direct b"Aproduct ofthe accused%s rage

11. The 'illing of the spouse b" accused must beb" reason of having surprised her in the actof se!ual intercourse with another person

12. +rticle 204 applies onl" when spousesurprises other spouse in flagrant adulter"

13. ,o criminal liabilit" if ph"sical in-uries areless serious or slight

10. +ccused cannot be held liable for in-uries



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sustained b" 3rdpersons as a result thereofsince he was ,OT committing a felon"

+2ur$er

1. That a person was 'illed2. That the accused 'illed him3. That the 'illing was attended b" an" of the @ualif"ing

circumstances mentioned in +rticle 2060. The 'illing is not parricide or infanticide

ur$er# unlawful 'illing of an" person which is ,OT parricideor infanticide provided the following circumstances arepresent:1. 5ith treacher" ta'ing advantage of superior strength

with the aid of armed men or emplo"ing means towea'en the defense or of means or persons to insure orafford impunit"

2. n consideration of a price reward or promise3.


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homicidal intent

Corpus Delicti# actual commission of the crime charged$means that the crime was actuall" perpetrated and does notrefer to the bod" of the murdered person

imprudence6. 5here the wounds that caused death were

inflicted b" 2 different persons even if the"were not in conspirac" each of them is guilt"of homicide

7.

+,Penalty

7rustrate$ Parri#i$e) ur$er or 6omi#i$eA Penalt" lowerb" one degree than that which should be imposed underprovisions of +rticle *

"ttempte$ Parri#i$e) ur$er or 6omi#i$e# Penalt" lowerb" one under provisions of +rticle 1

1. This article is permissive not mandator"2. (ourt ma" impose penalt" 2 degrees lowerfor frustrated parricide murder or homicide

3. (ourt ma" impose penalt" 3 degrees lowerfor attempted parricide murder or homicide

0. +n attempt against the life of the (hief=!ecutive etc. is punishable b" death

+1

9eat% Cause$in

!umultuous"ffray

1. That there be several persons2. That the" did not compose groups organized for the

common purpose of assaulting and attac'ing each otherreciprocall"

3. That there several persons @uarreled and assaulted oneanother in a confused and tumultuous manner

0. That someone was 'illed in the course of the affra". That it cannot be ascertained who actuall" 'illed the

deceased/. That the person or persons who inflicted serious ph"sical

in-uries or who used violence can be identified

!umultuous "ffray# the disturbance is caused b" more thanthree persons who are armed or are provided with means ofviolence

Persons Liable for 9eat% in !umultuous "ffray'

1. PersonCsD who inflicted the serious ph"sical in-uries2. f it is not 'nown who inflicted the serious ph"sical in-uries

on the deceased all the persons who used violence uponthe person of the victim are liable but with lesser liabilit"

P # in case ofdeath of victimthough it cannotbe ascertainedwho 'illed him ifperson who

inflicted seriousph"sical in-uriescan be identified

P( in mediumand ma!imum #all those whoused violenceupon victim

1. 5hen there are two identified groups of menwho assaulted each other then there is notumultuous affra"

2. The person 'illed in the course of the affra"need not be one of the participants in theaffra"

3. f the one who inflicted the fatal wound is'now the crime is ,OT homicide intumultuous affra" but ;O(9= under+rticle 207 against the one who inflicted thefatal wound

0. The serious ph"sical in-uries if inflicted b"one of the participants should not be thecause of the death of the deceased

++P%ysi#alInuries

Cause$ in

!umultuous"ffray

1. That there is a tumultuous affra" as referred to in thepreceding article

2.

Documents

15462048 Criminal Law II Reviewer