CRIMINAL LAW

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CRIMINAL LAW PRE-WEEK NOTES

Q: What is Criminal Law? A: Criminal law is that branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment. It is prospective in application. Q: What are the different schools of thought or theories in Criminal Law and describe each briefly. To what theory does our Revised Penal Code belong? A: Two schools of thought in Criminal Law (a) CLASSICAL THEORY - which simply means that the basis of criminal liabilities is human free will, and the purpose of the penalty is retribution which must be proportional to the gravity of the offense; (b) POSITIVIST THEORY - which considers man as a social being and his acts are attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the underlying reasons would be inquired into. We follow the classical school of thought although some provisions of eminently positivist in tendencies, like punishment of impossible crime, Juvenile circumstances, are incorporated in our Code. Q: Differentiate between Mala in se and Mala Prohibita: MALA IN SE Nature wrong from its very nature Use of good faith as defense GF a valid defense, unless the crime is the result of culpa Intent as element Intent is an element. Degree of accomplishment Degree of accomplishment is taken into of crime account for the punishment. Mitigating / aggravating They are taken into account in imposing circumstances penalty Degree of participation When there is more than one offender, the degree of participation of each in the commission is taken into account. Stage of accomplishment Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory Laws violated Generally, the RPC.

MALA PROHIBITA Wrong because it is prohibited by law GF is not a defense. Intent is immaterial. The act gives rise to a crime only when consummated. They are not taken into account. Degree of participation is generally not taken into account. All who participated in the act are punished to the same extent. Penalty on offenders is same whether they acted as mere accomplices or accessories Generally, special laws.

Q: What is the rule on the generality of criminal law? A: GENERAL RULE: The penal law of the country is binding on all persons who live or sojourn in Philippine territory EXCEPTIONS: 1. Treaty stipulations (Ex. Bases Agreement and VFA) 2. Law of preferential application (Ex. Members of Congress, Ambassadors, chief of states, etc.) 3. Principles of Public International Law (Ex. Sovereigns and head of statees, Ambassadors, etc.) Q: What is the rule on the territoriality of criminal law? A: GENERAL RULE: Penal laws of the country have force and effect only within its territory. EXCEPTION: Extraterritorial crimes (punishable even if committed outside the Philippine territory) 1. Crimes committed aboard Philippine Ship English rule: (followed by Philippines) : the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal management of the vessel. French rule: It is the flag or nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace and order of the host country EXCEPTION TO EXCEPTION: if the vessel is on the high seas when the crime was committed, the laws of the nationality of the ship will always apply 2. Forging/Counterfeiting and Introducing Coins or Currency notes in the Philippines 3. When Public Officer or employees commit an offense in the exercise of their functions 4. Commit any of the crimes against national security and laws of nations Q: What is the rule on the prospectivity of criminal law? A: GENERAL RULE: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law had already taken effect. Vice versa, acts or omissions which have been committed before the effectivity of a penal law could not be penalized by such penal law. EXCEPTIONS: 1. Insofar as they favor the persons guilty of a felony, who is not a habitual criminal, EXCEPTION TO THE EXCEPTION:

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1. 2.

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the new law is expressly made inapplicable to pending actions or existing cause of actions; or offender is a habitual criminal

Q: What are the Constitutional Limitations on the Power of Congress to enact penal laws? A: 1. Equal protection 2. Due Process 3. Non-imposition of cruel and unusual punishment or excessive fines 4. Bill of attainder 5. Ex post facto law Q: Distinguish between felonies, offense, misdemeanor and crime. A: Felony - refers only to violations of the Revised Penal Code. When the crime is punishable under a special law you do not refer to this as a felony. Offense - a crime punished under a special law is called a statutory offense. Misdemeanor - a minor infraction of the law, such as a violation of an ordinance. Crime - whether the wrongdoing is punished under the RPC OR under a special law, the generic word crime can be used. Q: What are the Classifications of Felonies? A: 1) According to manner of Commission a. Intentional felonies or those committed with deliberate intent; and b. Culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill. 2) According to stage of execution a. Attempted b. Frustrated c. Consummated 3) According to gravity a. Grave Felonies those which the law attaches capital punishment or penalties which in any of their periods are afflictive b. Less Grave Felonies - those to which the law punishes with penalties which in their maximum period is correctional c. Light felonies - those infractions of law for the commission of which the penalty is arresto menor, or a fine not exceeding P200, or both. 4) As to count a. Compound crime b. Complex crime c. Composite crime 5) As to nature a. Mala in se b. Mala prohibita Q: What are the elements of criminal liability A: 1. There must be an act or omission 2. That the act or omission must be punishable by the RPC; 3. That the act is performed or the omission incurred by means of dolo or culpa. Q: Can there be liability for acts done without criminal intent? A: YES, there are two exceptions to the requirement of criminal intent. 1. Felonies committed by CULPA 2. Offenses MALA PROHIBITA Q: Is criminal intent presumed? A: GENERAL RULE: YES, presumption arises from the commission of the unlawful act. The general criminal intent is presumed from the criminal act and in the absence of any general intent is relied upon as a defense, such absence must be proved by the accused. (Recuerdo v People, 2006) EXCEPTION: If the intention is merely an integral element of the crime and therefore has to be proven e.g. in frustrated homicide, specific intent to kill is not presumed but must be proven, otherwise it is merely physical injuries. Q: Distinguish between intent, discernment and motive. INTENT - Determination to do a certain thing, an aim or purpose of the mind. DISCERNMENT - The mental capacity to tell right from wrong MOTIVE - It is the moving power which impels one to do an act (ex. vengeance).

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Q: When does motive become material in determining criminal liability? 1. When the act brings about variant crimes e.g. kidnapping v. robbery (People v Puno, 1993) 2. The identity of the accused is doubtful 3. The evidence on the commission of the crime is purely circumstantial. 4. Lack of motive can aid in showing the innocence of the accused. (People v Hassan, 1998) Q: When is discernment necessary? A: Discernment does not indicate the presence of intent, merely intelligence (People v Cordova, 1993). Thus, it is necessary whether the crime is dolo or culpa. Q: What is the effect of mistake of fact? A: A mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. Q: When is mistake of fact not available as a defense? A: When the accuseds action is attended with negligence (People v Oanis, 1988). Q: A special law punishes a certain act as a crime, but it is silent as to the civil liability of one who violates the same. May the court pronounce that a person is civilly liable to the offended party, considering that the special law is silent on this point? A: Yes. Article 100 states that every person criminally liable for a felony is also civilly liable. That article shall be applied suppletorily to avoid an injustice that would be caused to the private offended party, if he would not be indemnified for the damages or injuries sustained by him. Q: Can a special law absorb a crime punishable under the RPC? A: In People v Rodriguez (1960), the Court held that a violation of a special law can NEVER absorb a crime punishable under the RPC, because violations of the RPC are more serious than a violation of a special law. But a crime in the RPC can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the Code. Q: How is proximate cause and how does it relate to criminal liability? A: PROXIMATE CAUSE is that cause, which sets into motion other causes and which unbroken by any efficient supervening cause, produces a felony and without which such felony could not have resulted. GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the consequences of his felonious act; although not intended, if the felonious act is the proximate cause of the felony or resulting felony. Q: What are the punishable omissions in the RPC? Art 116: Misprision of treason Art 275: Abandonment of minors Art 276: Abandonment of helpless persons Art 208: Failure to prosecute, dereliction of duty Q: What is an impossible crime? A: Under par. 2, Art. 4, impossible crime is an act which would be an offense only against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Q: Differentiate between crimes in the attempted and frustrated stages. A: ATTEMPTED FRUSTRATED Acts performed Overt acts of execution are started All acts of execution are finished BUT Not all acts of execution are present BUT Crime sought to be committed is not achieved Reason for interruption Position in the timeline Due to reasons other than the spontaneous desistance of the perpetrator Offender still in subjective phase because he still has control of his acts Due to intervening causes independent of the will of the perpetrator Offender is already in the objective phase because all acts of execution are already present and the cause of its nonaccomplishment is other than the offenders will

Q: What is the effect of the accused voluntary desistance? A: It is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime. BUT not necessarily ALL criminal liability, if the desistance was made when acts done by him already resulted to a felony, offender will still be criminally liable for the felony brought about his act. What is negated is only the attempted stage, but there may be other felonies constituting his act. Desistance is true only in the attempted stage of the felony. Q: Elements of the frustrated stage.

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A: a. b. c. d.

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The offender performs all the acts of execution; All the acts performed would produce the felony as a consequence; But the felony is not produced; By reason of causes independent of the will of the perpetrator.

Q: Elements of attempted stage A: a. The offender commences the commission of the felony directly by overt acts; b. He does not perform all the acts of execution which should produce the felony; c. The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance. Q: When does conspiracy exist? A: Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Q: What is meant by proposal to commit a felony? A: When the person who has decided to commit a felony proposes its execution to some other person or persons. However, there is no criminal proposal when: 1. The person who proposes is not determined to commit the felony; 2. There is no decided, concrete and formal proposal; 3. It is not the execution of a felony that is proposed. Q: How is conspiracy established? A: Since conspiracy is predominantly a state of mind, it must be established by direct proof (People v. Bello, 2004). The prosecution must prove conspiracy by the same quantum of evidence as the felony charged itself although, proof of previous agreement among the malefactors to commit the crime is not essential to prove conspiracy (People v. Bulan, 2005). A conviction premised on a finding of conspiracy must be founded on facts, not on mere inferences and presumption (Li v People, 2001). However, it may be proved by circumstantial evidence, through the collective acts of the accused before, during and after the commission of a felony that all the accused aimed at the same object, one performing one part and the other performing another for the attainment of the same objective (People v Talaogan, 2008). Q: What are the legal effects of implied conspiracy? A: In People v Pangilinan, 2003: Not all those present at the crime scene will be considered conspirators; Only those who participated in the criminal acts during the commission of the crime will be considered coconspirators Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as co-conspirator. Q: Is mere knowledge, acquiescence to, or approval of the act, without cooperation at least, agreement to cooperate enough to constitute a conspiracy? A: No, there must be an intentional participation in the crime with a view to further the common felonious objective (Taer v. CA, 1990). Q: Is conspiracy possible even when participants are not known to each other? A: When several persons who do not know each other simultaneously attack the victim, the act of one is the act of all, regardless of the degree of injury inflicted by any one of them. All will be liable for the consequences. Do not think that participants are always known to each other. Q: Multiple Offenders A: Habitual Delinquency Art. 62 (5) Crimes committed Specified: (a) less serious or serious physical injuries (b) robbery (c) theft (d) estafa (e) falsification Within 10 years from his last release or conviction

Recidivism Art. 14 (9) Sufficient that the offender have been previously convicted by final judgment for another crime embraced in the same title of the Code on the date of his trial

Habituality/ Reiteracion/ Repetition Art. 14 (10) Necessary that the offender shall have served out his sentence for the first offense

Period of time the crimes are committed

No period of time

CRIMINAL LAW
Number of crimes committed Their effects Guilty the third time or oftener

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The previous and subsequent offenses must NOT be embraced in the same title of the Code Not always an aggravating circumstance

The second conviction for an offense embraced in the same title of this Code If not offset by any mitigating circumstance, increase the penalty only to the maximum

An additional penalty shall be imposed

Q: What is meant by plurality of crimes? A: It is the successive execution, by the same individual, of different criminal acts upon any of which no conviction has yet been declared.

Q: What is the difference between plurality of crimes and recidivism? A: PLURALITY OF CRIMES RECIDIVISM There is no conviction of any of the crimes There must be conviction by final judgment of the first or prior committed. offense. Q: What is a complex crime? A: Under Art. 48, it exist when at least 2 or more GRAVE or LESS GRAVE felonies are committed, as a result of a SINGLE ACT or an offense must be a NECESSARY MEANS for committing the other. Q: What are the two kinds of complex crimes and what are their requisites? A: a) Compound Crime - A single act results in two or more grave or less grave felonies REQUISITES: (1) That only a single act is performed by the offender (2) That the single acts produces (i) 2 or more grave felonies, or (ii) 1 or more grave and 1 or more less grave felonies, or (iii) 2 or more less grave felonies Complex Crime Proper - An offense is a necessary means for committing the other; BASIS is the singleness of the impulse; necessary indispensable REQUISITES: (1) That at least two offenses are committed (2) That one or some of the offenses must be necessary to commit the other (3) That both or all the offenses must be punished under the same statute. Q: What is the penalty to be applied in case of complex crimes? A: The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. Q: What is a special complex crime? A: The substance is made up of more than one crime but which in the eyes of the law is only a single indivisible offense. All those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. Q: What are the special complex crimes? A: Robbery with Homicide (Art. 294 (1)) Robbery with Rape (Art. 294 (2)) Kidnapping with serious physical injuries (Art. 267 (3)) Rape with Homicide (Art. 335) Q: What are the five circumstances affecting criminal liability and how do they affect it? A: Justifying none, act is not unlawful none; limited free will, voluntariness in mens rea none, except when in state of necessity (Art. Exempting yes none, no knowledge nor malicious intent in mens rea yes, except when by accident or insuperable Mitigating yes decreased Aggravating yes increased Alternative yes increased or decreased b)

Is there a crime? Criminal liability?

Civil liability?

yes

yes

CRIMINAL LAW
11, Par. 4 borne by the persons benefited by the act) cause

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Q: What are the six types of justifying circumstances and what are the elements of each? A: A. Defense of self (Par. 1, Art. 11) 1) unlawful aggression 2) reasonable necessity of the means employed 3) lack of sufficient provocation B. Defense of relatives (Par. 2, Art. 11) 1) spouse 2) ascendants 3) descendants 4) legitimate and blood brothers and sisters 5) relatives by affinity in the same degree (parents-, brothers-, sisters-in-law) 6) relatives by consanguinity within the fourth degree C. Defense of stranger (Par. 3, Art. 11) 1) Unlawful aggression; 2) Reasonable necessity of the means employed to prevent or repel it; 3) The person defending be not induced by revenge, resentment or other evil motive. D. Avoidance of greater evil or injury (Par. 4, Art. 11) 1) evil actually exists, aggression is not deliberate 2) injury feared is greater than what is done to avoid it 3) no other practical and less harmful means of prevention D. Fulfillment of duty (Par. 5, Art. 11) 1) while in performance of duty of a lawful exercise of a right to office 2) injury or offense was a necessary consequence of due performance or exercise NB: If first condition is present, but the second is NOT because the offender acted with culpa, the offender will be entitled to a privileged mitigating circumstance. the penalty would be reduced by one or two degrees. E. Obedience to lawful order (Par. 6, Art. 11) 1) order was issued by superior 2) order is for a lawful purpose 3) means used by the subordinate is lawful NB: A subordinate is NOT liable for carrying out an illegal order of his superior if he is not aware of the illegality of the order and he is not negligent. Q: Distinguish between justifying and exempting circumstances. A: JUSTIFYING CIRCUMSTANCE EXEMPTING CIRCUMSTANCE It affects the act, not the actor. It affects the actor, not the act. The act is considered to have been done within the The act complained of is actually wrongful, but the actor bounds of law; hence, legitimate and lawful in the eyes of is not liable. the law. Since the act is considered lawful, there is no crime. Since the act complained of is actually wrong, there is a crime but since the actor acted without voluntariness, there is no dolo or culpa. There is no criminal or civil liability. There is a crime, although there is no criminal, so there is civil liability (Except: Art. 12, par. 4 and 7 where there is no civil liability. Q: What are the six exempting circumstances and their requisites? A: A. Insanity or Imbecility (Par. 1, Art. 12) 1) offender is an imbecile; or 2) offender was insane at the time of the commission of the crime NB:

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Insanity is a defense in the nature of confession and avoidance AND must be proved beyond reasonable doubt Evidence of insanity must refer to the time preceding the act under prosecution OR at the very moment of its execution. Insanity subsequent to commission of crime is NOT exempting. B. Minority (Par. 2 and 3, Art. 12; repealed by Sec. 6, RA 9344) 1) <15 years old 2) if 15-18 years old, only if with discernment NB: 1. 15 yrs old or below at the time of commission of offense: absolutely exempt from criminal liability but subject to intervention program 2. Over 15 yrs old but below 18: exempt from criminal liability & subject to intervention program If acted w/ discernment subject to diversion program 3.Below 18 yrs are exempt from: Status offense Vagrancy and Prostitution Mendicancy (PD1563) Snuffing of Rugby (PD 1619) C. Accident (Par. 4, Art. 12) 1) act was lawful 2) with due care 3) cause injury by accident 4) without fault or intention of causing it D. Irresistible force (Par. 5, Art. 12) 1) compulsion by means of physical force 2) irresistible 3) force comes from a third person E. Uncontrollable fear (Par. 6, Art. 12) 1) threat which causes fear is of an evil greater than or at least equal to what he is required to commit 2) promises an evil of gravity and imminence that ordinary man will succumb to it F. Insuperable cause (Par. 7, Art. 12) 1) act is required by law 2) person fails to perform the act 3) failure was due to an insuperable force Q: What are the mitigating circumstances and the corresponding requisites for each? A: A. Incomplete justification or exemption (Par 1, Art. 13) B. Age (Par. 2, Art. 13) 1) under 18 2) over 70 C. Lack of intent to commit so grave wrong (Par. 3, Art. 13) D. Sufficient provocation (Par. 4, Art. 13) 1) provocation must be sufficient 2) it must originate from offended party 3) it must be immediate to the act E. Vindication of a wrong (Par. 5. Art. 13) 1) Grave offense to the person or family honor 2) Felony is committed in vindication F. Passion or obfuscation (Par. 6, Art. 13) 1) initial offense must be unlawful and sufficient to produce such condition of mind 2) immediate so offender has no time to recover 3) arise from lawful sentiments NB: Passion and obfuscation may lawfully arise from causes existing only in the honest belief of the offender. G. Voluntary surrender or confession (Par. 7, Art. 13)

CRIMINAL LAW
Surrender 1) offender has not been arrested 2) surrendered to a person in authority 3) surrender must be voluntary

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Confession 1) offender spontaneously confessed his guilt 2) confession was made in open, competent court 3) confession of guilt was made prior to the presentation of prosecutions evidence H. Physical defect (Par. 8, Art. 13) 1) deafness, muteness, blindness or other physical defect 2) which restricts the offenders means of action, defense or communication I. Illness (Par. 9, Art. 13) 1) illness must diminish willpower 2) illness should not deprive offender of consciousness of acts J. Analogous circumstances (Par. 10, Art. 13) 1) similar to other circumstance Q: What is the most indispensable requisite in case of incomplete self-defense, defense of relatives, defense of stranger? A: UNLAWFUL AGGRESSION must always be present. Q: When is a minor entitled to mitigating circumstance only? A: If the minor over 9 and under 15 years of age acted with discernment, he is entitled only to a mitigating circumstance, because not all the requisites to exempt from criminal liability are present. Q: Distinguish ordinary mitigating circumstance from privileged mitigating circumstance. A: ORDINARY MC PRIVILEGED MC Can be offset by any aggravating circumstance Cannot be offset by aggravating circumstance If not offset by aggravating circumstance, produces the The effect of imposing upon the offender the penalty effect of applying the penalty provided by law for the crime lower by one or two degrees than that provided by in its min period in case of divisible penalty law for the crime. Q: How is criminal liability extinguished? A. TOTAL EXTINGUISHMENT a. By the death of the convict b. By Service of sentence c. By Amnesty d. By Absolute Pardon e. By prescription of crime f. By prescription of penalty g. By the marriage of the offended woman and the offender in the crimes of rape, abduction, seduction and acts of lasciviousness. B. PARTIAL EXTINGUISHMENT a. By the death of the convict b. By Service of sentence c. By Amnesty d. By Absolute Pardon e. By prescription of crime f. By prescription of penalty g. By the marriage of the offended woman and the offender in the crimes of rape, abduction, seduction and acts of lasciviousness. Q: How is gravity of offense determined for the mitigating circumstance of vindication to apply? A: The question whether or not a certain personal offense is grave must be decided by the court, having in mind: the social standing of the person, the place and the time when the insult was made. Q: May vindication of a grave offense and passion or obfuscation be counted separately and independently? A: No.

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Q: Is it important that a warrant of arrest has not yet been issued for the mitigating circumstance of voluntary surrender to apply? A: No, whether or not a warrant of arrest had been issued immaterial and irrelevant. Q: Does the physical defect need to be integral to the crime? A: No, because the law favors the handicapped per se. Even if you limit appreciation to those which are material to the crime, all it takes is a little creativity to allude to the handicap as a basis for the offense. For example, a paralytic may claim he committed treason because his army would not accept him for service. Q: Distinguish between provocation and vindication. A: PROVOCATION VINDICATION Provocation made directly to the person Grave offense may also be committed against a family member Provocation may not be a grave offense Must be a grave offense Response is immediate, there should be no lapse of time Response should be proximate, allows for a lapse of time for deliberate thought

Q: What are the 21 aggravating circumstances and their respective requisites? A: Place Palace of the Chief Executive etc. (Par. 5, Art. 14) 1) in the official residence of the chief executive Where officials are engaged in duties (Par. 5, Art. 14) 1) in the public office 2) public authorities are actually performing their public duties In places of religious worship (Par. 5, Art. 14) 1) place dedicated to the worship of God 2) offender must have decided to commit crime when he entered the place of worship Uninhabited place (Par. 6, Art. 14) 1) place facilitated commission of crime 2) deliberately sought and not incidental 3) taken advantage for purpose of impunity Dwelling (Par. 2, Art. 14) 1) in dwelling of the victim 2) victim did not give provocation Time Nocturnity (Par. 6, Art. 14) 1) facilitated the commission of the crime 2) especially sought by offender to ensure commission 3) taken advantage for impunity 4) accomplished between sundown and sunrise Calamity or misfortune (Par. 7, Art. 14) 1) committed during calamity like conflagration, shipwreck, epidemic 2) offender took advantage of confusion, chaos Motivation Price, reward or promise (Par. 11, Art. 14) 1) at least two principals direct and inducement 2) price, reward or promise made before and in consideration of crime Personal circumstances of offender Recidivism (Par. 9, Art. 14) 1) offender is on trial for an offense 2) previously convicted by final judgment of another crime 3) both the first and the second offenses are in same title of RPC 4) offender is convicted of the new offense Reiteracion or habituality (Par. 10, Art. 14) 1) offender on trial for an offense 2) previously punished for a crime with equal or greater penalty; or for two or more crimes of lower penalty 3) offender is convicted of the new offense

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Means Advantage of public positions (Par. 1, Art. 14) 1) offender is a public officer 2) commission of crime not possible without powers, resources, influence of position With insult to public authorities (Par. 2, Art. 14) 1) public authority is exercising his functions 2) public authority is not the victim of the crime 3) offender knows the public authority is present 4) authoritys presence did not prevent the crime With insult to rank, age, or sex (Par. 2, Art. 14) 1) crime must be against person or honor 2) deliberate intent to offend or insult the respect 3) respect is owed to the offended party Abuse of confidence (Par. 4, Art. 14) 1) offended party trusted offender 2) offender abused such trust 3) abuse of confidence facilitated crime Obvious ungratefulness (Par. 4, Art. 14) 1) ungratefulness must be obvious, offender should owe victim a debt of gratitude Banditry (Par. 6, Art. 14) 1) four or more armed men 2) facilitated commission 3) deliberately sought 4) taken advantage for impunity Aid of armed men (Par. 8, Art. 14) 1) armed men directly or indirectly took part in commission of crime 2) offender relied on them or availed of their aid Great waste or ruin (Par. 12, Art. 14) 1) wasteful means used to accomplish a criminal purpose, like fire, inundation, explosion, poison, derailment of transportation Evident premeditation (Par. 13, Art. 14) 1) time offender determined to commit crime 2) act of manifest determination 3) sufficient lapse of time between determination and execution of crime Craft, fraud or disguise (Par. 14, Art. 14) 1) offender used intellectual, mental trickery of craft, fraud or disguise; vs physical means Advantage of superior strength (Par. 15, Art. 14) 1) excessive force vs defense Means to weaken defense (Par. 15, Art. 14) 1) means were purposely sought to weaken defense of victim 2) means used must not totally eliminate possible defense (otherwise is treachery) Treachery (Par. 16, Art. 14) 1) victim was defenseless at the time of attack 2) offender consciously adopted means, method or form of attack Ignominy (Par. 17, Art. 14) 1) crime must be against chastity, less serious physical injuries, light or grave coercion and murder 2) circumstance made it more humiliating and (morally) shameful for the victim Unlawful entry (Par. 18, Art. 14) 1) entrance into a way not intended (e.g., exit) Breaking of wall, roof, door, window (Par. 19, Art. 14) 1) a wall, roof, door, or window was broken

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2) broken to effect entrance

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Aid of persons under 15 years (Par. 20, Art. 14) Means of motor vehicles (Par. 20, Art. 4) 1) facilitated crime 2) sought by offender Cruelty (Par. 21, Art. 14) 1) physical injury deliberately increased by causing another wrong 2) other wrong unnecessary for execution of original purpose of offender Influence of dangerous drugs (Sec. 25, RA 8165) Use of illegal firearms (Sec. 1 and 3, PD 1866, as amended by RA 8294) Q: When is dwelling not an aggravating circumstance? A: Not aggravating when a) homeowner gave sufficient, immediate provocation. b) offended party and offender live in the same house c) robbery d) offended party did not own dwelling e) crime was committed in a public part of the house Q: Scale of Principal Penalties A: 1. Capital punishment: (D) Death. 2. Afflictive penalties: (RP, RT, PAD, TAD, PSD, TSD, PM) Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. 3. Correctional penalties: (PC, AM, S, Des) Prision correccional, Arresto mayor, Suspension, Destierro. 4. Light penalties: (Am, Pc) Arresto menor, Public censure. 5. Penalties common to the three preceding classes: (F, Bond) Fine, and Bond to keep the peace. Q: What is the difference between life imprisonment and Reclusion Perpetua: A: LIFE IMPRISONMENT RECLUSION PERPETUA Imposed for serious offenses penalized by special laws Prescribed under the RPC Does not carry with it accessory penalties Carries with it accessory penalties Does not appear to have any definite extent or duration Entails imprisonment for at least 30 years after which the convict becomes eligible for pardon although the maximum period shall in no case exceed 40 years Q: Penalties, Effects and Accessories PENALTY Death (REPEALED) Death, when not executed due to pardon or commutation (REPEALED) DURATION Indivisible PAD Civil interdiction 30 yrs from sentence EFFECTS ACCESSORIES

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PENALTY Reclusion perpetua DURATION 20 years & 1 day to 40 years (Indivisible) EFFECTS

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ACCESSORIES PAD Civil interdiction for life

Perpetual absolute disqualification (PAD) Perpetual special disqualification (PSD) Reclusion temporal Prision mayor

For life

Deprivation of public office, even if by election Deprivation of right to vote & be voted for Disqualification from public office held Loss of retirement rights Deprivation of office, employment, profession, or calling affected Disqualification from similar offices or employments PAD Civil interdiction for duration of sentence TAD PSD of suffrage Deprivation of public office, even if by election Deprivation of right to vote & be voted for during sentence Disqualification from public office held during sentence Loss of retirement rights Deprivation of office, employment, profession, or calling affected Disqualification from similar offices or employments Suspension from public office Suspension from profession or calling PSD of suffrage, if penalty exceeds 18 mos. Public office Profession or calling Suffrage Prohibition to enter w/in 25-250 km radius from the designated place Suspension of right to hold office and right of suffrage

For life

12 years & 1 day to 20 years 6 years & 1 day to 12 years

Temporary absolute disqualification (TAD) Temporary special disqualification (TSD) Prision correccional

6 years & 1 day to 12 years

6 years & 1 day to 12 years 6 months & 1 day to 6 years 6 months & 1 day to 6 years 6 months & 1 day to 6 years 1 month & 1 day to 6 months

Suspension

Destierro

Arresto mayor

Q: What is the effect of the acceptance of the convict of a conditional pardon? A: It would interrupt the acceptance of the prescriptive period. Q: What happens if the culprit is captured but he evades again the service of his sentence? A: The period of prescription that ran during the evasion is not forfeited. The period of prescription that has run in his favor should be taken into account. Q: What are the prescriptive period of crimes? A: 1) Crimes punishable by death, reclusion perpetua or reclusion temporal 2) Afflictive penalties 3) Correctional penalties Note: Those punishable by arresto mayor Note: When the penalty fixed law is a compound one

20 years 15 years 10 years 5 years The highest penalty shall be made a basis

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4) 5) 6) 7) 8) 9)

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Libel 1 year Oral defamation and slander by deed 6 months Simple slander 2 months Grave slander 6 months Light offenses 2 months Crimes punishable by fines a) Fine is afflictive 15 years b) Fine is correctional 10 years c) Fine is light 2 months Note: Subsidiary penalty for non-payment not considered in determining the period Note: When fine is an alternative penalty higher than the other penalty which is by imprisonment, prescription of the crime is based on the fine. Q: Does the law allow the simultaneous filing of probation and appeal? A: No. Its either you file for probation or you file for appeal. Only one choice, if you choose one then you are barred from using the other. Q: When shall probation be denied? A: Probation shall be denied when: 1. the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. 2. there is undue risk that during the probation, the offender will commit another crime. 3. probation will deprecate the seriousness of the offense committed. Question: Who are the offenders disqualified from probation? A: 1. those sentenced to serve a maximum term of imprisonment of more than six years 2. those convicted of subversion or any crime against the national security or public order. 3. those who were previously convicted by final judgment by imprisonment of not less than one month and one day and/ or a fine of not more than two hundred pesos 4. those who have been once on probation under the provisions of the decree 5. those who are already serving sentence at the time the substantive provsions of the Probation Law became applicable. Q: What if the offender violates the conditions of his probation? A: S/He shall serve the penalty imposed for the offense under which s/he was placed on probation. Q: How A: 1. 2. 3. long may a convict be placed on probation? if the convict is sentence to imprisonment of not more than one year, probation shall not exceed two years if s/he sentenced to more than one year, probation shall not exceed six years. if the sentence is only a fine (offender in this case is made to suffer subsidiary imprisonment), probation Shall be not less than nor more than twice the total days of subsidiary imprisonment.

Q: What are the conditions for probation? A: 1. Regularly report to his probation officer (PO) 2. Meet family responsibilities 3. Be employed; change with approval of PO 4. Undergo physical, psychological or psychiatric exam &/or treatment; confinement 5. Study or undergo vocational training 6. Refrain from visiting houses of ill-repute 7. Abstain from excessive drinking 8. Visitation by PO or social worker at home or at work 9. Cannot change residence without PO approval Q: Does the probation law apply to Drug Traffickers and Pushers? A: NO Section 24 of RA 9165 (The Comprehensive Dangerous Drugs Act) states that: Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended. Q: What are the prescriptive period of penalties? A: Death and reclusion perpetua Other afflictive penalties Correctional penalties

20 years 15 years 10 years

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Note: If arresto mayor Light penalties

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5 years 1 year

Q: When does prescriptive period of penalties start to run? A: Period commences to run from the date when he culprit evaded the service of sentence.It is interrupted when: Convict gives himself up Is captured Goes to a foreign country with which we have no extradition treaty Commits any crime before the expiration of the period of prescription Q: What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty? A: It would interrupt the running of the prescriptive period. Q: What are the two ways of committing treason? A: By levying war against the government By adhering to the enemies of the Philippines, giving them aid (levying of war must be in collaboration with a or comfort (adherence alone, without giving the enemy aid or foreign enemy) comfort, does not constitute treason, and vice versa) OVERT: actual assembling of men OVERT: any deed or physical activity which strengthens or tends to strengthen the enemy in the conduct of war; render assistance to the enemies as enemies, in furtherance of their hostile design (e.g. being a Makapili is an overt act of giving the enemy aid or comfort) INTENT: executing a treasonable design by INTENT: betray the traitors country force (i.e. deliver the country, whole or in part to the enemy) (i.e. deliver the country, whole or in part to the enemy) Q: Can there be treason through negligence? A: No, there can be no treason through negligence. (Cramer v. US) Q: How is treason proven? A: 1. Confession of accused in an open court 2. Two witness rule (Art 114, Par 2) Applies only to giving aid and comfort (overt) only and not to adherence (covert) Q: Distinguish between treason and espionage. A: Both not conditioned by citizenship of offender. Treason committed only in time of war; espionage both peace and war. Treason limited to two specific ways; while espionage may be committed in many ways. Q: Can misprision of treason be committed by aliens? A: No. Although treason can be committed by an alien as long as he resides in the Philippines, misprision on treason can only be committed by a Filipino citizen. Q: Does the two-witness rule in treason apply to misprision as well? A: No, the two witness rule does not apply to Art 115 because it is a separate and distinct offense from treason Q: What are the two ways of committing espionage under the RPC? A: 1. By entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph 1, which he had in his possession by reason of the public office he holds Q: What is the difference between piracy and mutiny? A: Mutiny is also punished under the same title; but it is usually committed by the members of the complement and may be committed by the passengers. Q: Differentiate piracy from robbery on high seas. A: Offender in robbery on high seas is a member of the complement or a passenger of the vessel while in piracy, offender is an outsider; Both have intent to gain and the manner is the same. Q: Differentiate piracy from mutiny.

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A: Offender in piracy is an outsider while offender in mutiny are members of crew or passengers. Intent to gain is essential in piracy while in mutiny, offenders may only intend to ignore the ships officers or commit plunder. Q: Distinguish between rebellion and insurrection. A: In REBELLION: purpose is complete overthrow of government; while in INSURRECTION it is merely to effect some change of minor importance or to prevent exercise of government authority with respect to particular matters or objects. Q: Distinguish between rebellion and subversion. A: Subversion is crime against national security while rebellion is crime against public order. Q: Distinguish between rebellion and coup detat. A: In coup detat, the offender belongs to military or holding pub office/ employment; while rebellion is committed by any person. Coup detat is a direct attack against government authorities etc, but in rebellion, an uprising against the Govt is enough as one element. Q: What are the elements of arbitrary detention? A: 1) That the offender is a public officer or employee; 2) That he detains a person; 3) That the detention is without a legal ground. Q: Who can commit arbitrary detention? A: In the crime of arbitrary detention, although the offender is a public officer, not any public officer can commit this crime. Only those public officers whose official duties carry with it the authority to make an arrest and detain persons can be guilty of this crime. Q: In delay in the delivery of detained persons to the proper judicial authorities, is warrant of arrest necessary? A: No, in fact, the crime is only committed when the arrest is without a warrant. At the beginning, the detention is legal since it is in the pursuance of a lawful arrest. Detention becomes arbitrary when the: applicable period lapses without the arresting officer filing a formal charge with the proper court. Q: When is the period counted in case of delay in the delivery? A: The periods stated are counted only when the prosecutors office is ready to receive the complaint or information. Nighttime is NOT included in the period. Q: When may a private person be held liable under Title II? A: A private person may be liable under these articles ONLY WHEN he: Conspires with a public officer; OR He becomes an accomplice or accessory to said crimes Q: What are the different forms of arbitrary detention? A: 1. Detaining a person without legal grounds (Article 124); 2. Having arrested the offended party for legal grounds but without warrant of arrest, and the public officer does not deliver the arrested person to the proper judicial authority within the period of 12, 18, or 36 hours, as the case may be (Article 125); or 3. Delaying release by competent authority with the same period mentioned in number 2 (Article 126). Q: Difference between Arbitrary Detention, Illegal Detention and Unlawful Arrest A: ARBITRARY DETENTION ILLEGAL DETENTION UNLAWFUL ARREST Offender Public officer who has authority to make arrests and detain persons 1) Private person; OR 2) Public officer who is acting in a private capacity or beyond the scope of his official duty Deprive the offended party of his personal liberty Any person

Criminal intent

Violate the offended partys constitutional freedom against warrantless arrest

Accuse the offended party of a crime he did not commit, deliver him to the proper authority, and file the necessary charges to incriminate him

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Q: What are the three acts punishable in violation of domicile? What are their common elements? A: Acts punishable: 1. By entering any dwelling against the will of the owner thereof 2. By searching papers or other effects found therein without the previous consent of such owner 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been asked to leave the same Elements common to three acts: 1. That the offender is a public officer or employee 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers and other effects Q: What are the two criteria used determine whether the article on rohibition, Interruption and Dissolution of Peaceful Meetings would be violated? A: Two criteria to determine whether this article would be violated: Dangerous tendency rule applicable in times of national unrest such as to prevent coup detat. Clear and present danger rule applied in times of peace. Stricter rule. Q: When is an act notoriously offensive to the religious feeling of a person? A: An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person: a. ridicules or makes light of anything constituting a religious dogma b. works or scoffs at anything devoted to religious ceremonies c. plays with or damages or destroys any object or veneration by the faithful In People v Tengson: The determination should NOT be made to depend upon more or less broad or narrow conception of any given religion. Facts and circumstances should be viewed through an unbiased judicial criterion. Q: What happens when the act is NOT directed to the religious belief itself and there is no intention of causing so serious a disturbance as to interrupt a religious ceremony? A: The crime committed is only UNJUST VEXATION (People v Nanoy). Q: What is the effect of illegal possession of firearms on criminal liability? A: It produces no effect if the offender can be punished with special laws or violation of the RPC. However, use of unlicensed firearm can: SPECIAL AGGRAVATING CIRCUMSTANCE: homicide, murder ABSORBED AS AN ELEMENT CRIME: rebellion or insurrection, sedition, attempted coup detat Q: Is actual public disorder or actual damage to the credit of the State is necessary for the commission of unlawful use of means of publication and unlawful utterances? A: No. Q: What is a charivari? A: It includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult Q: What crime is committed when a public officer involved is not a custodian of the prisoner at the time the prisoner was made to escape? A: He is liable under Art. 156 i.e. delivery of persons in jail, and not under Art. 223 for Infidelity in the custody of a prisoner. Q: What are the qualifying circumstances for evasion of sentence? A: If such evasion or escape takes place 1. By means of unlawful entry (this should be by scaling - Reyes); 2. By breaking doors, windows, gates, walls, roofs or floors; 3. By using picklock, false keys, disguise, deceit, violence or intimidation; or 4. Through connivance with other convicts or employees of the penal institution. Q: What are the three forms of evasion of service of sentence? 1. By simply leaving or escaping from the penal establishment under Article 157; 2. Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Article 158; 3. Violating the condition of conditional pardon under Article 159. Q: What happens when a prisoner returns within 48 hours after a disorder in jail? A: He is given credit or deduction from the remaining period of their sentence equivalent to 1/5 of the original term of the sentence. Q: When will violation of pardon amount to a crime?

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A: In violation of conditional pardon, as a rule, the violation will amount to this crime only if the condition is violated during the remaining period of the sentence. Q: Is possession of false treasury or bank note sufficient to constitute a criminal offense? A: No, it must be coupled with intent to use. Q: May forgery can be committed through the use of genuine paper bills? A: Yes, in People v Galano, genuine paper bills that have been withdrawn from circulation were used by giving them the appearance of some other true and genuine document. Q: In the falsification of public or official documents, is the idea of gain or the intent to cause damage necessary? A: No, because the principal thing punished is the violation of public faith and destruction of the truth as therein solemnly proclaimed. The existence of a wrongful intent to injure a third person is not necessary when the falsified document is a public document (Siquian vs People). This is also true with respect to commercial documents, because as to this kind of document, a credit is sought to be protected (Reyes). Q: May falsification of public document be complexed with estafa? A: Yes, because damage is not an element of falsification of a public document, it could be complexed with estafa as a necessary means to commit the latter. Q: What are the five classes of falsification? A: 1. Falsification of legislative documents; 2. Falsification of a document by a public officer, employee or notary public; 3. Falsification of a public or official, or commercial documents by a private individual; 4. Falsification of a private document by any person; 5. Falsification of wireless, telegraph and telephone messages. Q: May a drug dependent who is found guilty of the use of dangerous drugs voluntarily submit himself for treatment and rehabilitation? A: Yes. The drug dependent may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency (Section 54, Article VIII, RA 9165). Q: Is there also compulsory confinement? A: Yes. Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. (Section 61, Article VIII, RA 9165). Q: How will a drug dependent who is under the voluntary submission program and is finally discharged from confinement in the Center be exempt from criminal liability? A: 1. He/she has complied with the rules and regulations of the center, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center 2. He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal laws 3. He/she has no record of escape from a Center 4. He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability (Section 55, Article VIII, RA 916) Q: What are the rules in determining obscenity? A: The test of obscenity: 1. The test is objective. 2. It is more on the effect upon the viewer and not alone on the conduct of the performer. 3. Kottinger doctrine - Whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as indecency

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4.

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As long as the pornographic matter or exhibition is made privately, there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general.

Miller doctrine (newer): 1. whether to the average person, applying contemporary standards would find the work, taken as a whole, appeals to the prurient interest 2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value ** The determination of obscenity in the end still lies on the judges Q: Distinguish between Art. 202 and Anti-Trafficking Law. A: Art 202 punished prostitute while the Anti Trafficking Law treat the prostitute as victims of human trafficking and thus absolves them from liability. In Anti-Trafficking Law, the people punished are those to engage the prostitutes in prostitution and promote prostitution, as well as those who avail the service of prostitutes; on the other hand, the prostitutes undergo preventive, protective, and rehabilitative programs. Q: Is there a defense available to Art. 204 (Knowingly Rendering Unjust Judgment)? A: Yes, mere error in good faith. There must be positive evidence imputing an unjust judgment; presumption will not suffice. Q: Is trial or authoritative judicial declaration necessary before a prosecution of a case for violation of Art. 202 necessary? A: Yes, Before a criminal action against a judge for violation of Articles 204 and 205 can be entertained, there must be a trial or authoritative judicial declaration that his decision or order is really unjust which may result from either an action of certiorari or prohibition in a higher court (De Vera v. Pelayo, 2000). Q: What is the principal distinction between indirect and direct bribery? A: In the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office. Q: Is there a frustrated indirect bribery? A: No. It is always in the consummated stage. There is no attempted much less frustrated stage in indirect bribery. Q: What are the acts punished in RA 3019? A: 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby 8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group

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10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date Q: What are the acts punished in RA 6713? A: 1. financial and material interest public officials and employees shat not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office 2. outside employment and other activities related thereto until 1 yr after resignation/retirement such as: a. own, control, manage, or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised, or licensed by their office unless allowed by law b. engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions (exception to 1 yr rule unless in connection with matter in which he public officer intervened) 3. disclosure and/or misuse of confidential information public officials and employees shall not use or divulge confidential or classified information officially known to them by reason of their office and nor made available to the public for the following purpose: a. to further their private interests, or give undue advantage to anyone b. to prejudice public interest 4. solicitation of acceptance of gifts public officials and employees shall not solicit or accept directly or indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office Q: What are the acts punished in RA 7080 (Plunder Law)? A: Acts punished (Section 1): 1. through misappropriation, conversion, misuse or malversation of public funds 2. by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned 3. by the illegal or fraudulent conveyance or disposition of assets belonging to the Natl Govt or any of its subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries 4. by obtaining, receiving, or accepting directly or indirectly any shares of stock, equity, or any other form of interest or participation including promise of future employment in any business enterprise pr undertaking 5. by establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons or special interests 6. by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expenses and to the damage and prejudice of the Filipino people and the republic Q: What is the test to determine ill-gotten wealth? A: Whether or not manifestly out of proportion to salary as public officer or employee and to his other lawful income, gives rise to a prima facie presumption of unlawful acquisition. However, this presumption may be overcome by explanation to the satisfaction of the court. Q: What is the distinction between the Forfeiture Law and other Graft Laws? A: Forfeiture law punishes the conveyance of the ill-gotten wealth to other people to avoid forfeiture, and not the act of having ill-gotten wealth per se, which is what the other laws punish. Q: When is parricide not punishable with reclusion perpetua and death? A: If it is committed - Through negligence (Art 365) - By mistake (Art 249) - Under exceptional circumstances (Art 247) Q: Will Article 247 also apply in case of rape? A: No, it only applies when the spouse is caught in flagrante delicto of adultery (Reyes). Q: What is accidental homicide? A: Death of person brought about by a lawful act performed with proper care and skill, without homicidal intent. There can be no liability.

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Q: What is the basic framework and difference in circumstances governing crimes involving the killing of persons? A: PARRICIDE: killing of persons; involves the circumstance of relationship MURDER: same; involves the manner in which the crime was committed INFANTICIDE: same; in relation to status, the age of the offended party HOMICIDE: same; in the absence of the circumstances of murder, parricide or infanticide Q: Distinguish between mutilation/mayhem and other classes of physical injuries. A: Intention to actually clip off a part of the body to deprive the person of that part; no requisite of such intention in physical injuries. Q: When can kidnapping be appreciated separately from homicide/murder of the person detained? A: In People vs. Ramos - Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by R.A. 7659. Q: What are the classifications of physical injuries? A: 1. Between less serious physical injuries and serious physical injuries, you do not consider the period of medical treatment. You only consider the period when the offended party is rendered incapacitated for labor. 2. When the injury created a deformity upon the offended party, you disregard the healing duration or the period of medical treatment involved. At once, it is considered serious physical injuries. 3. Deformity requires the concurrence of the following conditions: a. The injury must produce ugliness; b. It must be visible; c. The ugliness will not disappear through natural healing process. Q: When is serious physical injuries punished with higher penalties? A: 1. If it is committed against any of the persons referred to in the crime of parricide under Article 246; 2. If any of the circumstances qualifying murder attended its commission. Q: Under what circumstance can rape be committed by a woman against a man? A: If a woman or a man uses an instrument on anal orifice of male, she or he can be liable for rape.

Q: What happens in case a minor commits rape? A: He is still exculpated from criminal liability. However, RA 9344 does not relieve him of civil liability arising from the offense. Q: What are the qualifying circumstances in case of kidnapping and serious illegal detention? A: 1. Purpose is to extort ransom. 2. When the victim is killed or dies as a consequence of the detention. 3. When the victim is raped. 4. When victim is subjected to torture of dehumanizing acts.

-End of Criminal Law Pre-Week Notes-