CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009

Page 1 of 60 CG Meneses Specific Intent lewd design, i.e., intent to gain, intent to kill; presumed from crimes which require specific intent as an element of the crime Requirement for Crimes by Omission Positive duty under the law which mandates offender to do something, and he deliberately refuses to do such duty Felony by omission may be committed by culpa Art. 365 applies i.e., misprision of treason, failure to render accounts, failure to issue receipts, prevaricacion MISTAKE OF FACT People v. Ah Chong Crime committed BUT no criminal liability Absolutory cause Available only in felony by DOLO because act was deliberate There is no such defense as MISTAKE OF LAW People v. Oanis Crime cannot exist when the will does not concur Negligence no mistake of fact MOTIVE Not an element of the felony Important in cases when the identity of the perpetrator is NOT clear Also IMPORTANT WHEN THE CRIME IS POLITICAL IN NATURE FELONY BY CULPA Must be voluntary Mind is free to act Difference act is incident to imprudence, negligence, lack of foresight, or lack of skill Quizon v. Justice, 97 P 342 Reckless imprudence is a distinct felony by itself

DISCLAIMER: READ AT YOUR OWN RISK. Case titles and/or citations may be wrong. Other information may be also be wrong or incomplete. For corrections and additions, inform me ASAP.

5 July 2009 BOOK I Art. 3 FELONY BY DOLO Mens rea physical act / overt act Mens reum mental act voluntariness, intelligence Without mental act, Art. 11 comes in Overt act punishable by RPC in Lizada ruling preparatory acts

DELIBERATE INTENT Intent state of the mind; a determination to do an act or omission; purpose of the mind, including knowledge Deliberate with malice; with knowledge that act or omission is a crime Presumption of Criminal Intent rebuttable Accidental without intervention of human free will People v. Ojeda, 430 S 436 Concurrence of intelligence, voluntariness, and intent Act which is malicious continues up to the consummation of the crime General or Specific Intent General Intent presumed on acts which fall under dolo

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Delos Santos Culpa by Art. 3 and Art. 48 Article 365 DOES NOT ALWAYS APPLY i.e., Art. 217, infidelity in the custody of prisoners; frustrated felonies People v. Patalinghug, 318 S 116 Also, NO CONSPIRACY TO COMMIT NEGLIGENCE ERROR IN PERSONAE People v. Nepomuceno, 298 S 450 Intentional felony NOT culpable felony deliberate intent or act is inconsistent with reckless imprudence MALA IN SE Generally, all felonies in the RPC Criminal intent is required MALA PROHIBITA Punished by special penal laws EXCEPT when act is patently immoral, or when intended otherwise by Congress, i.e., plunder under RA No. 7080 (Estrada v. Sandiganbayan) What if law requires special intent? See RA No. 8294, possession of illegal firearms lack of intent to possess Anti-Fencing Law lack of knowledge that item was stolen; lack of intent to gain People v. Comadre RA no. 8294 amended Art. 14 of the RPC In the crime of homicide or murder, use of unlicensed firearms an aggravating circumstance Trust Receipts Law (PD No. 115)

Page 2 of 60 CG Meneses Malum prohibitum, as element of estafa (Art. 315) Bouncing Checks Law (BP Blg. 22) Large Scale Illegal Recruitment two offenses for same delictual act Art. 4 Liability exists even if crime committed be different that that which was intended THE LAW IS AFTER THE RESULT Liability FOR WHAT WAS COMMITTED, NOT WHAT WAS INTENDED Error in personae Aberratio ictus Praeter intentionem Article 4(1) presupposes an intentional act; thus, INCONSISTENT WITH CULPA Proximate Cause Presumption of knowing all natural and logical consequences of an act The cause of the cause of the evil caused Implied conspiracy Instantaneous acts Lack of specific intent Death presumption of INTENT TO KILL; automatic liability for homicide

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Art. 5 Administrative Circular on Bouncing Checks Law by the SC for alternative penalties imprisonment OR fine depending on gravity of circumstances Libel AM No. 08-2008 Brillante v. CA, 474 S 480 People v. Veneracion People v. Parazo Art. 6 In crimes against persons TO BE FRUSTRATED, WOUND MUST BE MORTAL (FATAL) to produce all acts of execution When is the wound mortal? Depends on the doctor medical opinion Lazaro v. People Depends on the circumstances DO NOT RELY ON THE INITIAL WOUND 13 July 2009 Art. 11 State v. Green, 110 SE 145 Simpson v. State, 59 Ala 1 DEFENSE OF PROPERTY RIGHTS According to Supreme Court of Spain, allowed only when there is an assault to the person entrusted with the care or custody of the property, i.e., the lawful owner or possessor

Page 3 of 60 CG Meneses People v. Apolinar, 38 OG 2___ People v. Narvaez Property right in relation to Art. 249 of the Civil Code, also in relation to Art. 11 of the RPC Justice Callejo: one may only be justified in killing another when in defense of property, assault is committed on the person DEFENSE OF RELATIVES People v. Bates, 403 S 95 If relative being defended provoked the offended party, person defending may invoke self-defense if he did not know of such fact What rights are covered? People v. Rebutado, 417 S 393 Right to life, right to honor, right to property STATE OF NECESSITY Ty v. People, 439 S 420 State of necessity must not be brought about by the overt acts or negligence of the offender, otherwise, Art. 365 comes into play FULFILLMENT OF DUTY With self-defense see Cabanlig v. Sandiganbayan OBEDIENCE TO SUPERIOR ORDER Nassif v. People, 73 P 69 Private individuals CAN INVOKE obedience to superior order Art. 12 EXEMPTIONS Ortega v. People, 20 Aug 2008

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Complete absence of intelligence, no intent, no negligence, no free will RA No. 9344 minority is presumed Art. 266-A the fact that victim is a minor may be proved by means without RA No. 9344 ACCIDENT No fault attributable to offender No negligence, no intent OTHERWISE, EXEMPTION WILL NOT APPLY IRRESISTIBLE FORCE People v. Tami, 234 S 1 UNCONTROLLABLE FEAR Asehas III v. People, 493 S 292 With respect to entrapment/instigation People v. Oyanib, 406 P 651 Art. 247 is an absolutory cause, not merely mitigating People v. Austria, 27 June 2000

Page 4 of 60 CG Meneses If, however, THERE IS CONSPIRACY, NO MITIGATION under this circumstance Treachery mode or manner of execution Praeter Intentionem status of the mind of the author People v. Galacgac People v. Flores SUFFICIENT PROVOCATION Oriente v. People Provocation must be SUFFICIENT and IMMEDIATELY PRECEDED the act People v. Labeo, 424 P 484 Gotis v. People, 533 S 431 While an act may not constitute unlawful aggression, the same act may be considered as sufficient provocation Passion and Obfuscation AND Immediate Vindication People v. Diokno If arising from the same act, ONLY ONE may be appreciated Pelonia v. People, 521 S 207

Art. 13 MITIGATION PRAETER INTENTIONEM People v. Espejo, 36 S 400 If two or more persons conspire, but one of the accused DID NOT INTEND to do some of the acts done, the latter accused is entitled to this circumstance AS LONG AS HE DID NOT KNOW OF THE COMMISSION OF THE GRAVE WRONG

IMMEDIATE VINDICATION OF A GRAVE OFFENSE Provocation People v. Alquiza, 62 P 611 Need not be in words, but also in actions Grave Offense People v. Ruiz No relation to classification of offenses CRIME Depends on: 1. Social standing of the offended 2. Place, time, occasion

MAY NOT EVEN BE A

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 3. Insult of the accused Bacabac v. People, 532 S 557 Act of hitting with a bamboo stick IS NOT a grave offense Immediate In the Spanish Penal Code proxima, or proximate People v. Ignas, 412 S 311 No immediate vindication if accused has time to recover serenity People v. Matbagun, 60 P 887 PASSION AND OBFUSCATION People v. Bello, 10 S 298 Must arise from legitimate or lawful sentiments VOLUNTARY SURRENDER Appreciation is not depended on where accused surrenders People v. Quimpo Tabalos v. People Applies to malversation If public officer returned money malversed or misappropriated by him BEFORE being charged or before the institution of the criminal action VOLUNTARY PLEA OF GUILTY People v. Calpito, 416 S 491 May be appreciated even if accused offers in evidence other mitigating circumstances People v. Noble, 77 P 93 People v. Magallanes, 275 S 222 PHYSICAL DEFECTS/ILLNESS People v. Antonio, Jr., 431 S 425 Psychosis is mitigating

Page 5 of 60 CG Meneses ANALOGOUS CIRCUMSTANCES People v. Tabamo, Jr. Extreme poverty is NOT among the mitigating circumstances People v. Doca Lack of education or instruction is NOT MITIGATING IF THERE IS DISCERNMENT OR INTELLIGENCE People v. Lasparda, 93 S 698 Lack of education or instruction CANNOT BE APPRECIATED in murder or homicide since killing is always wrong People v. Belaro, 307 S 611 20 July 2009 Art. 14 TREACHERY People v. Antonio, 390 P 989 No treachery if decision to attack was arrived at at the spur of the moment People v. Guzman, 423 P 600 Mere suddenness of the attack does not by itself suffice to appreciate treachery, even if there was intent to kill, and the helpless position of the victim was merely accidental CRUELTY People v. Sitchon, 428 P 82 Nature of cruelty lies in the fact that the culprit enjoys and delights in making the victim suffer, which is unnecessary to the commission of the crime

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Valdez, 350 S 189 There is cruelty when accused enjoyed and delighted in the commission of the offense UNLICENSED FIREARMS RA NO. 8294 People v. Mendoza, 18 Jan 1999 SC applied RA No. 8294 homicide and murder as generic BUT NOTE People v. Ladjaalam Attempted homicide NOT included in homicide in RA No. 8294 In crimes other than homicide or murder, use of unlicensed firearms is NOT AGGRAVATING 30 July 2009 Art. 48 COMPLEX CRIMES One location, one occasion single intent/impulse Different locations, different occasions single act FOR EACH BUT NOTE People v. Bacungay, 428 P 798 Kidnapping is moved by a specific intent, SO THAT THERE ARE AS MANY CRIMES AS PERSONS KIDNAPPED 3 August 2009 People v. Peas, 66 P 682 Where accused falsified 3 postal money orders with different payess and encashed all on the same day ONLY ONE CRIME SINGLE PURPOSE

Page 6 of 60 CG Meneses People v. Gonzales, 117 P 166 Where accused falsified several documents/vouchers AS MANY CRIMES AS VOUCHERS FALSIFIED

THERE ARE

Lastrilla v. Granda, 421 S 324*** Where accused falsified 3 deeds of absolute dale for different parcels of land on the same day and same occasion, and forged signatures of the alleged vendor/grantor AS MANY CRIMES AS DOCUMENTS FALSIFIED Falsification in two modes: 1. Falsified signature (forged) 2. Antedated deeds to time when vendor was alive People v. Abalos, 389 S __ There are as many crimes as documents falsified, BUT ONLY ONE CRIME FOR EACH MODE COMMITTED Gamboa v. CA*** Gamboa was an employee, a purchaser, of an optical company, who collected purchases. He then deposits his collections in his own name. How many crimes of estafa? THERE ARE AS MANY CRIMES OF ESTAFA AS WITHDRAWALS AND USE IN ONES NAME since deposits and withdrawals occurred on different dates, thus, separate and independent crimes of estafa. THE WITHDRAWAL IS A COMPLETE FELONY BY ITSELF. This is not a case of delito continuado BECAUSE IT IS NOT A PART OF A SERIES OF ACTS. Ilagan v. CA, 239 S 575 Ilagan was an employee of a real estate company given authority to sell, BUT NOT THE AUTHORITY TO COLLECT. He then devotes to his own use the collections. Justice Callejo: note the abuse of confidence How many crimes of estafa?

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 AS TO HOME/LOT OWNERS as many crimes of estafa, with deceit, as collections made AS TO EMPLOYER one count of estafa, since he is supposed to account for ALL collections at any one time when demanded; this is estafa with abuse of confidence Justice Callejo: note that in Gamboa and Ilagan, the SC did not apply the single resolution test People v. Lawas Where 50 Maranaos were gunned down Ruling: Art. 48 applies since IT IS IMPOSSIBLE TO ASCERTAIN THE INDIVIDUAL DEATHS CAUSED BY THE ACCUSED Justice Callejo (also in Boado): why not conspiracy? People v. Pinkalin, 102 S 136 Where Art. 48 applies single criminal purpose test attainment of single purpose 1 crime Dissenting (Makasiar): Art. 48 DOES NOT INCLUDE ANY CONSIDERATION OF SINGLE IMPULSE People v. Pineda, cited in Gamboa v. CA Art. 48 is clear, no impulse, purpose, or resolution is mentioned Ruling in Lawas is irrelevant since in Lawas, there was conspiracy A delito compuesto is when an accused fired a gun ONCE, but killed TWO OR MORE persons Is it the single act of PULLING THE TRIGGER? Or is it the result of a SINGLE BULLET? When what is used is a sub-machine gun Art. 48 applies since there are SEVERAL BULLETS fired at once People v. Sanidad, 403 S 381*** Accused is guilty of a complex crime since:

Page 7 of 60 CG Meneses 1. It is not possible to determine who among them killed the victim (see Pineda, Lawas) 2. The accused showed a SINGLE criminal impulse (but see Art. 48, which is clear) 3. There was conspiracy Justice Callejo: the reason of conspiracy is enough People v. Dalmacio, 426 P 563, citing People v. Pineda Where accused used armalites, grenades, and explosives Ruling: Art. 48 is not applicable because: 1. The injuries were the result of successive volleys of gunshots 2. Deaths of the victims were from several shots People v. Maghoy, 180 S 111 Art. 48 applied SINGLE ACT People v. Peralta, 193 S 9 There are as many crimes as victims IF THERE WAS NO EVIDENCE THAT VICTIMS DIED BY SINGLE DISCHARGE OR BULLET People v. Mision People v. Obillo People v. Tabako, 270 S 32 Evidence must be presented that victim/s died of a SINGLE ACT or BULLET or DISCHARGE OF FIREARM DELITO COMPLEJO (2nd portion of Art. 48) DOES NOT APPLY IF: 1. Felony is INDISPENSABLE to another felony 2. Felony is an ESSENTIAL ELEMENT of, or MODE of, or is ABSORBED, by another felony 3. Felony is USED TO CONCEAL another felony

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Batulanon v. People, 502 S 35 Can there be a complex felony of estafa by falsification of a private document? NO, because the fraudulent gain obtained in estafa IS THE SAME HARM caused to the private complainant in falsification of private document. BUT if the document is PUBLIC, intent to harm is NOT an element, so there may be 2 crimes or a complex crime NOTE: Art. 48 does not apply to the following: Art. 267 (kidnapping) Art. 312 (occupation of real property or usurpation of real rights in property) Art. 129 (search warrants maliciously obtained) in relation to perjury People v. Abedosa, 53 P 791 No crime of trespass to dwelling with murder if the purpose is only to kill, the crime is MURDER ONLY, aggravated by trespass to dwelling, OTHERWISE it is possible for 2 separate crimes to be committed murder AND trespass to dwelling People v. Medina, 59 P 134 People v. Prieto, 80 P 138*** Murder and physical injuries, although in themselves separate and distinct criminal offenses, are absorbed by treason when they are charged as elements or constitutive ingredients of the latter. In this case they become identified with treason AND CANNOT BE THE SUBJECT OF A SEPARATE PUNISHMENT, OR USED IN COMBINATION WITH TREASON TO INCREASE THE PENALTY AS ART. 48 OF THE RPC PROVIDES. Similar to: 1. Punishing one for POSSESSING OPIUM in a prosecution for SMOKING OPIUM

Page 8 of 60 CG Meneses 2. Punishing the robber for COERCION or TRESPASS TO DWELLING in a prosecution for ROBBERY In these cases, the acts sought to be punished separately are INHERENT in the commission of the crime already being prosecuted This would NOT PREVENT the punishment of the foregoing acts which are crimes in themselves as such if the government should elect to prosecute the culprit specifically for those crimes and not as elements of another Hernandez v. People, 99 P __ Doctrine of Absorption for political crimes, i.e., rebellion, treason How about terrorism in RA No. 9372? Terrorism as a crime ABSORBS crimes, Art. 48 will NOT APPLY People v. Sendaydiego Samson v. CA, 103 P 277 Will Art. 48 apply if one of the constituent felonies is a felony by culpa? YES Falsification by culpa when one does not check the identity of payees Dissenting (JBL Reyes): Art. 48 contemplates intentional felonies People v. Rodis, 105 P 1284 Estafa through falsification by culpa DELITO CONTINUADO Abduction is a continuing crime In forcible abduction with rape, the additional rapes are absorbed, the FIRST RAPE consummates the complex crime of forcible abduction with rape

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 HOWEVER, the prevailing rule is still that ADDITIONAL RAPES ARE SEPARATE OFFENSES PRIMORDIAL CONSIDERATION PURPOSE of the offender If the taking was done with lewd design, forcible abduction If the woman was raped after, forcible abduction with rape If the purpose was to abduct TO RAPE, RAPE only, and the taking is absorbed as a means to carry out the intent 24 Aug 2009 INDETERMINATE SENTENCE LAW Without IS Law, penalties are FIXED, and the specific penalty will be a straight penalty within the range provided by law People v. Asturias People v. Lampara People v. Enriquez De Joya v. Jail Warden, 417 S 636 What about special penal laws, does IS Law apply? YES People v. Martin Simon, 234 S 555 BUT NOTE that if the law does not follow the nomenclature of the RPC, then aggravating and mitigating circumstances of RPC DO NOT APPLY, ALTHOUGH JUDGES ARE NOT PROSCRIBED FROM CONSIDERING THEM (this is because the IS Law considers the penalty IMPOSED, NOT the penalty IMPOSABLE) Court must take into account: 1. Circumstances of the crime 2. Circumstances of the offender

Page 9 of 60 CG Meneses The moment the convict serves the MINIMUM OF THE IS, convict may be considered for PAROLE PAROLE provide period and conditions for release If the period lapses without any violation MAXIMUM IS DEEMED SERVED AND CONVICT RELEASED PERMANENTLY APPLICATION OF IS LAW Consider Homicide Penalty: Reclusion temporal No mitigating or aggravating circumstances

Minimum Reduce by 1 degree the penalty this is the MINIMUM of the IS Reclusion temporal lowered by 1 degree, PRISION MAYOR NOTE that the minimum is WITHIN THE WHOLE RANGE and may be set by the Court in its discretion, IT NEED NOT BE IN THE SAME PERIOD as the maximum the discretion is unqualified Maximum If there are mitigating or aggravating circumstances, apply modification to the MAXIMUM of the IS When with Privileged Mitigating Circumstances Also consider privileged mitigating circumstances, as many as there are if these exist, REDUCE BY 1 DEGREE AS WELL Thus: Reclusion temporal, with privileged mitigating circumstances Lower by 1 degree PRISION MAYOR Lower by 1 degree following IS Law PRISION CORRECCIONAL When Penalty Does Not Exceed 1 Year If penalty DOES NOT EXCEED 1 year, STRAIGHT PENALTY, DO NOT APPLY IS Law

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 In Relation to Art. 48 Maximum of IS follows Art. 48, BUT FOR MINIMUM, REDUCE FIRST THE ORIGINAL PENALTY People v. Rillorta, 15 Dec 1989*** The penalty for the complex crime of homicide with assault upon a person in authority is the maximum period of the penalty for the more serious crime homicide. That penalty is the maximum period of reclusion temporal. Under the IS Law, each of the accused shall suffer an IS, the maximum term of which shall be within the prescribed penalty of reclusion temporal, maximum. People v. Cesar, 23/22 S 1024 When Crime is Complex with Aggravating Circumstance IS Maximum is MAXIMUM OF THE MAXIMUM period i.e., reclusion temporal 3 periods (minimum, medium, maximum) RT MAX divided to 3 periods as well maximum of RT max CIVIL LIABILITIES Art. 100 DOES NOT APPLY when no private injury or damage arises from the crime, i.e., political crimes Juridical person is NOT ENTITLED TO MORAL DAMAGES, except in LIBEL cases Banal v. Tadeo, 11 Dec 1987 Occena v. Icamina, 181 S 328 People v. Hernandez Since a political crime absorbs common crimes, are the heirs of the deceased entitled to civil liability? YES People v. Agarin, 109 P 430 People v. Avila, 11 Mar 1992

Page 10 of 60 CG Meneses In robbery with homicide, all other homicides after the first are absorbed. How many sets of civil liability? AS MANY HOMICIDES COMMITTED In Art. 48, there are as many civil liabilities AS INJURED PERSONS Aznar v. Citibank, 519 S 287 Damage loss, hurt, or harm from injury Injury legal invasion of right Damages People v. Catubig If aggravating circumstances not pleaded in Information not considered in criminal liability, BUT ALWAYS CONSIDERED IN CIVIL LIABILITY, if proven during trial The non-consideration is procedural in nature, while provision for civil liability is substantive What if there is a mitigating circumstance together with the aggravating circumstance, what is the effect on exemplary damages? NONE BUT Justice Callejo: still considered for civil liability, since the civil law on damages do not provide for offsetting People v. Marcelo The word aggravating in the Civil Code is GENERIC, it includes ALL kinds of aggravating circumstances People v. Ranid, 555 S 297 If there are 2 qualifying circumstances, 1 QUALIFIES THE CRIME, THE OTHER IS GENERIC but exemplary damages still PROPERLY IMPOSABLE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Guillen, 420 S 326 In murder qualified by treachery, EXEMPLARY DAMAGES MAY BE AWARDED IN VIEW OF THE GRUESOME MUTILATION OF THE VICTIMS CORPSE

Page 11 of 60 CG Meneses 27 Aug 2009 BOOK II ART. 114 TREASON

People v. Gonzales, Jr. In arson, EXEMPLARY DAMAGES MAY BE AWARDED FOR CORRECTIVE PURPOSES People v. Dizon When a victim is raped multiple times, MORAL AND EXEMPLARY DAMAGES ARE PROPER FOR EACH COUNT EVEN IF THERE IS ONLY 1 AGGRAVATING CIRCUMSTANCE People v. Morales In kidnapping without any aggravating circumstances, EXEMPLARY DAMAGES MAY BE AWARDED FOR THE DETERRENT EFFECT People v. Ayuman, 471 P 167 In this case for parricide, the SC awarded exemplary damages because of the qualifying circumstance of relationship BUT NOTE, according to Justice Callejo: in parricide, RELATIONSHIP IS INHERENT, so no exemplary damages should have been awarded NO NEED TO PROVE the amount of exemplary damages

Haupt v. US, 47 Supp. 836, 330 US 631 RA No. 106 Filipinos may not divest citizenship while Philippines is at war Kawakita v. US, 96 L Ed 1249 May a person holding dual citizenship be guilty of treason? YES DAquino v. US, 192 Fed 2d __ In relation to Art. 2 Filipino committing treason in another country is liable person cannot take refuge in another country to perpetrate treasonous acts Gillars v. US, 182 Fed 2d 962 Adherence to the enemy and treasonable intent, when they exist, attach to the act and to its perpetrator wherever he is Obedience to the law of the country of domicile or residence local allegiance is permissible, but this kind of allegiance does not call for adherence to the enemy and the giving of aid and comfort to it with disloyal intent Treason is committed with specific intent Requisites of Treason (87 CJS 914) Modes of Commission 1. Levying war 2. By adhering to enemies by giving them aid or comfort Treason MUST BE INTENTIONAL

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Martin Adherence to enemy intent or mental act Giving aid overt act Both must be proved Adherence to enemy may be proved by circumstantial evidence Giving aid must be proved by direct evidence 2 witnesses for EACH OVERT ACT, and which must be credible NOTE that even if 2 witnesses are needed, ONLY ONE OVERT ACT is needed to be proven Kawakita What is important is the nature of the act of the accused People v. Perez, 83 P 314 How extensive must giving aid or comfort be? Depends on: 1. Nature of the act 2. Degree of the act 3. Purpose of the act Cramer v. US, 325 US 1 Adherence to the enemy may be proved by circumstantial evidence People v. Adriano, 78 P 571 Witness must testify TO THE ENTIRETY OF THE OVERT ACT Extrajudicial confession CANNOT CURE the fatal omission of the 2witness rule only corroborating evidence Proof of Citizenship 1. Oral or written 2. Records of prisoner 3. Birth certificate Judicial Admission People v. Flavier

Page 12 of 60 CG Meneses

People v. Perez, 83 P 314 Supplying comfort women is NOT giving aid or comfort sexual or social relations with Japanese did not affect war effort; if there is effect, effect is merely trivial Gillars v. US Overt act shown by means of speech shown as integral part of treason treasonous speech intent

People v. Prieto Treason is a POLITICAL CRIME absorbs common crimes if committed in furtherance of treason People v. Hernandez, 99 P 515 Art. 48 does not apply to treason NOTE that IS Law does not apply ART. 116 MISPRISION OF TREASON Felony by omission ONLY FILIPINOS may be guilty of Art. 116, not even dual citizens ART. 122, 123 PIRACY; QUALIFIED PIRACY ALSO, PD NO. 532, RA NO. 7659 People v. Tulin RA No. 7659 did not amend PD 532 EXIST with PD No. 532 PIRACY ON THE HIGH SEAS Crime against the law of nations RPC and RA No. 7659 CAN

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Complement of vessel in Art. 648 of the Code of Commerce, from captain to the lowest-ranked member of the crew Physical injuries in Art. 123 is used in its generic sense INCLUDES FRUSTRATED OR ATTEMPTED MURDER; connotes any kind of bodily harm Piracy is a single, indivisible offense Is the use of an unlicensed firearm aggravating? NO Is it a separate crime? NO (why?) If a MEMBER OF THE complement or passenger takes the property of another member of the complement or PASSENGER, THIS IS NOT PIRACY, BUT ROBBERY under Art. 293 Art. 86 of the UNCLOS High Seas not included in the EEZ, or territorial waters, or archipelagic waters of archipelagic state RA No. 9372 Piracy is a constituent crime of terrorism People v. Puno, 219 S 285 Filoteo v. Sandiganbayan, 263 S 222 PD No. 532 applies where piracy is directed not only at preconceived victims, but against any or all prospective victims Piracy involves not only the locus of the crime, IT IS ESSENTIAL FOR PD NO. 532 TO APPLY THAT THE PERPETRATORS ARE ORGANIZED TO COMMIT THE CRIME previous attempts or similar acts must be shown Piracy in the RPC may be qualified by ACCOMPANYING ACTS Piracy in PD No. 532 is qualified ON OCCASION of acts

Page 13 of 60 CG Meneses ART. 124 ARBITRARY DETENTION Astorga v. People, 412 S 512 Elements: 1. Public officer or employee 2. Detains another 3. Without legal ground for detention Relate to Art. 267 (kidnapping) and Art. 269 (unlawful arrest) In Art. 267 offender is a private individual, and purpose is to deprive liberty In Art. 269 person is arrested without lawful cause to deliver to judicial authorities Arrest in Art. 124 merely INCIDENTAL Public Officer or Employee Those authorized to arrest or detain another Nilo v. Salanga, 152 S 113 (judges) Sec. 388 of LGC Art. 152 of RPC Sec. 80, PD No. 705 (Forestry Code) District Forester given power to arrest Sec. 44, RA No. 9165 To enforce law, all school heads, supervisors, and teachers may arrest or detain another NOTE that private individuals may be liable for arbitrary detention IF THERE IS CONSPIRACY People v. Flores, 410 P 578 How about CAFGU? CAFGU may arrest/detain and may be liable for arbitrary detention, under EO No. 264

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 DETENTION US v. Cabaag, 8 P 64 Actual confinement or any manner or deprivation of liberty People v. Baldago, 396 S 31 Astorga v. People, 412 S 512 Curtailment of liberty NEED NOT INVOLVE PHYSICAL RESTRAINT; liberty may be restricted by PSYCHOLOGICAL RESTRAINT NOTE Rule 113, Sec. 5, which allows arrests without warrants People v. Tudtud, 458 P 752 (Sec. 5[a]) David v. Arroyo Ylagan v. Enrile (Sec. 5[b]) RELATE to Sec. 18 of RA No. 9372

Page 14 of 60 CG Meneses 2. For delivery to judicial authorities Gravamen of the offense prescribed failure to deliver within the period

Delivery to Judicial Authorities The filing of a criminal complaint or Information with the proper court Basis of Period The offense/crime as that seen by the arresting officer, NOT THE CRIME FOUND AFTER PRELIMINARY INVESTIGATION Soria v. People Exclusions to Period Sundays, holidays, election days RELATE to Sec. 7 (now 6), Rule 112, on inquest

Crime of arbitrary detention MAY BE COMMITTED BY CULPA good faith is a defense in dolo When is the crime committed by dolo? When there is evidence that the officer was aware of the illegality People v. Misa People v. Oliva Arbitrary detention with physical injuries complex crime

Alvior v. Anguis, 425 S __ What if the court has no jurisdiction? Arresting police officer is not liable for the mistake of the prosecutor RELATE to RA No. 9344 People v. Mabong If Information is filed (by the prosecutor?) beyond the periods in Art. 125, arresting officer is STILL LIABLE and arrestee STILL LIABLE FOR THE CRIME in the Information RELATE to RA Nos. 7438 or 9372 Alejano v. Cabuay, 468 S 188 If the purpose of regulation is not to deprive or curtail right to consult lawyer, regulation of visits are valid ART. 126 DELAYING RELEASE Felony by omission

Periods imposed in Art. 124 NOT ELEMENTS of the crime SEE Sec. 8 of the IS Law ART. 125 DELAY IN DELIVERY RELATE to inquest and preliminary investigation rules Elements: 1. There is legal basis to detain or arrest

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Art. 126 applies to RA No. 9372

Page 15 of 60 CG Meneses ART. 129 SEARCH WARRANT MALICIOUSLY OBTAINED

No distinction between a detention prisoner and a person detained by final judgment Insuperable clause may be invoked Person who makes a valid, warrantless arrest may be liable under Art. 126 ART. 127 EXPULSION When person is unlawfully expelled from the Philippines or compelled to change residence RELATE to Art. 247 of the RPC, which imposes penalty of destierro RELATE to PD No. 968, the Probation Law and Sec. 27 of RA No. 9372 ART. 128 VIOLATION OF DOMICILE Only those authorized to arrest or detain another or seize property id another or search Arevalo v. Quilatan, 16 S __ Against the will of the owner, EXPRESS OR IMPLIED US v. Arceo, 3 P 381 People v. delos Reyes, 20 P 267 Art. 128 DOES NOT APPLY TO POLICE OFFICERS WHEN IN HOT PURSUIT RELATE to Sec. 11, Rule 113

RELATE to perjury RELATE to Rule 126 Modes: 1. Procured search warrant without just cause felony by dolo, must be malicious 2. Exceeds authority in executing the same uses unnecessary severity OR seizing property not included in the warrant, EXCEPT those in plain view Good faith a defense People v. dela Pea Determination of maliciousness An attempt to extort money, even if effected after the issuance of the search warrant, but prior to the release of the complainant, is relevant to the question whether or not the warrant was illegally procured, owing to the obvious tendency of the aforementioned circumstance, if proven, to establish that the accused was prompted by the desire to get money from the complainant. Evidence of the intent of party who obtained said warrant or warrants is not only relevant, but very material, where the accused are charged with having willfully, unlawfully and feloniously procured said process, pursuant to a common intent, as alleged in the Informations UNILAB v. Isip, 28 June 2005 People v. Hua, 439 S 350 Breaking of door cannot be done without announcement If warrant is served beyond the period for service APPLIES Art. 129

If warrant is served and a crime was committed in the process DO NOT APPLY Art. 48, the crime committed is a SEPARATE OFFENSE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 State of Michigan v. Summers, 452 US 692 Art. 129 DOES NOT APPLY TO SEARCHES OF AGENTS OF BUREAU OF CUSTOMS People v. Mago, 22 S 857 Tariff and Customs Code gives right to search to officers of BOC ART. 130 SEARCHING DOMICILE Inciting to Rebellion Quintero v. NBI, 162 S 470 People v. Gesmundo, 219 S 743 Witnesses presence is MANDATORY 3 Sept 2009 ART. 131 PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS _____, 40 OG 2576 Participant which interrupts the peaceful meeting IS NOT LIABLE UNDER ART. 131, BUT MAY BE LIABLE FOR UNJUST VEXATION What if the policeman was undercover? LIABLE under Art. 131, following People v. Cantena RELATE to David v. Arroyo ART. 132 INTERRUPTION OF RELIGIOUS WORSHIP What is religion in Art. 132? According to Justice Isagani Cruz a system of belief, matters of faith or dogma

Page 16 of 60 CG Meneses ART. 134, 134-A REBELLION/INSURRECTION, COUP DETAT Both private individuals and public employees may be liable for rebellion or insurrection Rebellion objective is to overthrow the government and supersede with a new one Insurrection objective is to effect minor change with respect to particular matters or subjects crime of a multitude

REBELLION Delito continuado by nature A political crime crime against a political order; objective is a political purpose There must be concurrence of: 1. Intent to achieve political objective mental act 2. Overt acts of public uprising and taking up arms Is there FRUSTRATED rebellion? NONE, it is NOT NECESSARY THAT THE OBJECTIVE IS OBTAINED, crime is still consummated US v. Vergara, 3 P 432 Mere membership in the Communist Party of the Philippines is NOT REBELLION _____, 46 OG 4412 BUT, a person openly becoming a member of the NPA, EVEN WITHOUT ANY PARTICIPATION IN ANY OVERT ACT, is LIABLE FOR REBELLION, since the NPA is engaged in CONTINUING COMBAT with the government of the Philippines Rebellion necessarily connotes violence ABSORBS COMMON CRIMES WHEN COMMITTED TO ATTAIN PURPOSE Art. 48 inapplicable

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Enrile v. Omar Amin Crimes defined by SPL are also absorbed Is use of unlicensed firearms absorbed by rebellion? YES, by express provision of RA No. 8294, when in furtherance or incident to rebellion and attempted coup detat Why attempted coup detat only? If coup detat is consummated, government is overthrown seized by offenders, they will not penalize themselves power is

Page 17 of 60 CG Meneses ART. 137 DISLOYALTY A person NOT sympathetic to the rebels, BUT CONTINUES TO OCCUPY THE OFFICE UNDER THE CONTROL OF THE REBELS, is liable under Art. 137 OBJECTIVE is IMMATERIAL What if the person additionally commits malversation, in furtherance of the rebellion? He is liable for 2 crimes rebellion AND disloyalty Can the public officer plead Art. 11 or 12? YES, i.e., insuperable cause Disloyalty is an OFFENSE BY OMISSION ART. 139 SEDITION People v. Kamlon Hadji, 9 S 252 In relation to REBELLION 1. Purpose of the commission 2. Manner of commission 3. Sedition DOES NOT absorb common crimes PAR. 1 Includes laws political in nature, laws in general, and civil and penal laws Includes ordinances PAR. 2 Includes judges and the judiciary Includes the Constitutional Commissions (Art. IX of Constitution) PAR. 3 (and by implication, NOT INCLUDED in Par. 2) Barangay public officers

What if the common crime committed by the rebel is for a personal purpose, or for personal motives, or for profit, is this absorbed? NO People v. Geronimo, 100 P 90 If the commission of the common crime is NOT for the political purpose, it is a separate and independent offense In relation to COUP DETAT 1. In coup detat, the primary movers are the military or police 2. Concurrence of objective and swift attack 3. In coup detat, purpose is to diminish state power 4. NO FRUSTRATED COUP DETAT ART. 136 CONSPIRACY/PROPOSAL TO COMMIT REBELLION, INSURRECTION, AND COUP DETAT RELATE to Art. 8 on conspiracy and proposal The conspiracy to commit rebellion and insurrection IS ALSO A CONTINUING CRIME Mere membership in the CPP IS NOT CONSPIRACY TO COMMIT REBELLION

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Barangay public employees Nature of Sedition: 1. Crime against public order 2. There is a public uprising to attain objectives Tumultuously riotously, disorderly, or violent movement People v. Mendoza, 8 May 1950, GR No. 2971 [wrong citation] Tumultuous at least 3 armed persons Is there a complex crime of sedition and serious disturbance? YES If the offender stages a tumultuous uprising AND AT THE SAME TIME commits serious disturbance against members of a council one crime as a means to commit the other Sedition is CONSUMMATED WHETHER OR NOT OBJECTIVES ARE ATTAINED

Page 18 of 60 CG Meneses NOT PROTECTED BY THE GUARANTEE OF FREE SPEECH OF THE CONSTITUTION Inciting to sedition is a misprision felony ART. 143 PREVENTING MEETINGS Meeting of BARANGAY COUNCIL IS NOT INCLUDED this is done will be for GRAVE COERCION ART. 144 DISTURBANCE May be by word or by deed Crimes of violence are complexed with Art. 144 pursuant to Art. 48 WHEN USED AS A MEANS TO COMMIT IT OR WHEN COMMITTED ON THE OCCASION OF THE OTHER ART. 145 PARLIAMENTARY IMMUNITY

liability if

Espuelas v. People, 90 P 524 Sedition statutes ARE NOT VIOLATIVE OF THE FREEDOM OF SPEECH Seditious libel its essence is its immediate tendency to stir up general discontent to the pitch of illegal courses; it induces people to resort to illegal methods other than those provided by the Constitution in order to repress the evils which press upon their minds The words used directly tend to foment riot or rebellion or otherwise disturb the peace ART. 142 INCITING TO SEDITION Philippine Journalists, Inc. v. Thoenen, 477 S __ [not Lee] Freedom of speech should not be used as a basis to commit inciting to sedition; the lewd and obscene, the profane, the libelous, and the insulting or fighting words, or those which by their very utterance inflict injury or tend to incite an immediate breach of the peace, IS

Art. VI, Sec. 11 of the Constitution is inconsistent with Art. 145. Is Art. 145 rendered ineffective or simply amended by the 1987 Constitution? AMENDED PRO TANTO Constitution shall, in all offenses punishable by NOT MORE THAN 6 years imprisonment (up to prision correccional), be privileged from arrest Art. 145 except in case such a member has committed a crime punishable under this Code by a penalty HIGHER than prision mayor (6 years and 1 day to 12 years) ART. 146 ILLEGAL ASSEMBLIES Two Modes: 1. Meeting of armed men to commit a crime under the RPC 2. Meeting in which the audience is incited to commit treason, rebellion, insurrection, sedition, or assault upon a person in authority

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 It does not matter if firearm used is licensed or not, AS LONG AS THE PERSON IS ARMED If a person used an UNLICENSED firearm under the first mode IS PRESUMED THE LEADER Is this latter instance a violation of RA No. 8294? NO Identities of organizers leaflets through speeches, publications, banners, HE

Page 19 of 60 CG Meneses First Mode People v. Recto, 419 P 674 The first mode is tantamount to rebellion or sedition WITHOUT THE ELEMENT OF A PUBLIC UPRISING Second Mode Who may be victims? Art. 152 of the RPC persons of authority AND agents of persons in authority Justo v. CA, 99 P 452 While engaged in the performance of duties even if at the time of the assault the officer IS NOT PERFORMING HIS DUTIES, AS LONG AS THE ATTACK WAS BY REASON OF HIS OFFICIAL DUTIES, or of past official duties The OBJECTIVE OR PURPOSE of the accused is IMMATERIAL OFFENDER MUST BE AWARE THAT OFFICIAL DUTY IS PERFORMED Sarcepudes v. People, 90 P 228 If the assault or attack occurs when the officer is NOT in the performance of his duties, MOTIVE OF THE ACCUSED BECOMES DETERMINATIVE of his liability for direct assault No liability under Art. 148: 1. If the public officer or officer in authority is a mere BYSTANDER 2. If the accused DID NOT KNOW that victim was a person in authority People v. Velasco, 72 OG 2045 When the contending parties are BOTH persons in authority who are acting in GOOD FAITH NO LIABILITY BOTH must be IN GOOD FAITH

First Mode When crimes of violence are committed, illegal assemblies under the first mode LOSES ITS JURIDICAL PERSONALITY it is NOT A SEPARATE FELONY, but considered a PREPARATORY ACT Second Mode The organizers are those guilty of Art. 146, BUT THE INCITEMENT IS AN ELEMENT ONLY IF THE AUDIENCE IS IN FACT INCITED Francisco Charge for illegal assembly OR proposal to commit rebellion, etc. or rebellion, etc. the state has its options, but it cannot charge for both THERE MUST BE SOMEONE WHO INCITES ANOTHER, BUT AUDIENCE IS NOT INCITED, the inciting had no effect NOTE that RA No. 1700 already repealed by RA No. 7636 BUT see RA No. 9372, Sec. 17 ART. 148 DIRECT ASSAULT A formal crime NO FRUSTRATED STAGE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Fook, 42 P 230 When there is excess of authority no liability under Art. 148 or 151 no liability

Page 20 of 60 CG Meneses Is Art. 48 applicable? YES Direct assault with homicide Direct assault with frustrated or attempted homicide BUT if SLIGHT physical injuries DO NOT COMPLEX, Art. 48 inapplicable, as this is absorbed People v. Ladjaalam

When there is TOTAL LACK OF AUTHORITY

NOTE that the damage or injury must be coextensive with the excessive authority, otherwise, liable under Art. 148 Justo v. People When a district supervisor of public schools assaulted another district supervisor BEFORE ARRIVING AT AGREED PLACE where they would fight DIRECT ASSAULT, since one in bad faith People v. Garcia, 79 OG 4586 To lay a hand inflict physical injuries; to strike; to shove; cause damage or injury People v. Tabiana, 37 P 515 Force must be serious, and must be of such character as to show contempt for authority People v. Gumban SLAPPING is included Crime is QUALIFIED when a weapon is used to assault knives firearm,

Villanueva v. Ortiz, 148 P 493 Where the accused assaulted a person in authority, an election inspector, while votes are being counted, he is liable for the complex crime of DIRECT ASSAULT WITH SERIOUS DISTURBANCE 5 Sept 2009 What if in the course of robbery, a person in authority was killed? ROBBERY WITH HOMICIDE direct assault already absorbed RELATE to Art. 265 (less serious physical injuries) where the victim is a person in authority, penalty becomes prision correccional NOTE, however, that Art. 265 is applied only when the person in authority IS NOT IN THE PERFORMANCE OF HIS DUTIES OR SUFFERS LESS SERIOUS PHYSICAL INJURIES BY REASON OF HIS OFFICE RELATE to Art. 153 direct assault with serious disturbance

_____, 45 OG 838 It is NOT ENOUGH that a weapon was carried by the offender, WEAPON MUST BE ACTUALLY USED TO ASSAULT Qualifying circumstances: 1. Use of a weapon 2. When offender is himself a public officer or employee 3. When offender lays hands upon a person in authority RELATE to RA No. 75, Sec. 6 assault on ambassador or foreign public minister

ART. 149 INDIRECT ASSAULT RELATE to RA No. 1978 Person in Authority Include AGENTS of persons in authority

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 What about private individuals COMING TO THE AID of persons in authority? THEY BECOME AGENTS, thus, crime is DIRECT, NOT INDIRECT, ASSAULT Art. 149 operates only when private individuals COME TO THE AID OF AN AGENT OF A PERSON IN AUTHORITY People v. Mendoza, 59 P 163 Persons in authority are those vested with jurisdiction to govern and execute laws; or persons who perform some functions of the government RELATE to the LGC, Sec. 388(?) Persons in authority include BARANGAY CAPTAINS/CHAIRMEN (PUNONG BARANGAY), and/or persons charged with supervision of public and duly recognized private SCUs Remember however that these are persons in authority ONLY FOR THE PURPOSE OF ART. 148 and 151 RELATE to Art. 14 People v. Tac-an, 182 S 602 A teacher is a person in authority ONLY FOR THE PURPOSE OF ART. 148 and 151 Agents in LGC 1. Barangay policemen 2. Barangay councilmen People v. Bonotan, 105 P 1349 Members of municipal and provincial boards are PERSONS IN AUTHORITY RELATE to RA No. 9165 Teachers as persons in authority in the enforcement of RA No. 9165

Page 21 of 60 CG Meneses ART. 150 DISOBEDIENCE TO SUMMONS SEE Senate v. Ermita, 488 S 1 RELATE to RA No. 4200, Sec. 4, and RA No. 9372, Sec. 25 ART. 151 RESISTANCE AND DISOBEDIENCE Uytiaco v. CA, 126 P 48 Art. 151 is violated only when the person in authority or his agent is in the ACTUAL PERFORMANCE of their duties When is resistance or disobedience serious? People v. Ramayrat, 122 P 188 Depends upon the circumstances of the act, the motives of the offender, and the transgression, which may or may not indicate intent to violate the law People v. Reyes, 40 OG 24 (11 Supp) US v. Tabiana When person in authority EXCEEDS AUTHORITY, resistance is lawful if done in good faith any resistance must be that which is REASONABLE and NECESSARY Gallego v. People When person in authority exceeds his authority, or abuses his authority, any reaction MUST BE COEXTENSIVE to the excess or abuse If the resistance or disobedience is SERIOUS, then this is DIRECT ASSAULT NOTE that in Art. 151, par. 2, the disobedience is to the AGENT

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 ART. 153 TUMULTS AND OTHER DISTURBANCES First Mode 1. Offender commits acts which causes serious disturbance 2. In a public place, office, or establishment LOCUS CRIMINIS 3. Offender intended to commit public disorder INTENT TO CAUSE DISTURBANCE When is it serious? Consider the PLACE where the acts were committed, and the occasion or circumstances surrounding the incident RELATE to Art. 131 (prohibiting, interrupting, and dissolving peaceful meetings) if the public officer is a participant, Art. 153 applies, NOT Art. 131 What is a public place? People v. Gamay, 40 OG 171 One that is open to the public and not exclusive, even if presided by private individuals Second Mode 1. Public performance or public functions 2. Interruption 3. NOT under either Art. 131 or 132 4. Disturbance is NOT SERIOUS Offender may be a participant, or a stranger Presumption under Par. 3 applies ONLY WHEN MADE BY A BAND Band more than three armed persons, or more than three persons with means of violence PAR. 4 1. Meeting is LAWFUL 2. Offender makes a SPONTANEOUS OUTCRY of rebellion or sedition

Page 22 of 60 CG Meneses NOTE that in inciting to rebellion or sedition, the act was DELIBERATE in Art. 153, the act was SPONTANEOUS Art. 153 is a felony by dolo, and NOT culpa People v. Bacolod, 89 P 621 No double jeopardy in charging accused of serious physical injuries through reckless imprudence and causing disturbance under Art. 153 even if both resulted from the defendants act of having fired a submachine gun Villanueva v. Ortiza Art. 153 may be a constituent crime of a complex crime complexed with DIRECT ASSAULT may be

There is also TUMULTUOUS DISTURBANCE with HOMICIDE People v. Mangorio, 51 OG 4619 NOTE also that PD No. 1829, Sec. 1(i) may be violated separately from Art. 153 ART. 155 ALARMS AND SCANDALS PAR. 1 Calculated to cause alarm or danger Erroneous translation should be calculated to PRODUCE alarm or danger There must be cause and effect, for IF THERE WAS NO EFFECT, THERE WAS NO CRIME COMMITTED RELATE to Art. 254 (discharge of firearms) What if the firearm used was unlicensed? NOT aggravating NOT separate crime(?)

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 PAR. 3 and PAR. 4 RELATE to Art. 153 (tumults) Specifically, PAR. 4 disturbance NOT serious and NOT in a public place ART. 156 DELIVERY OF PRISONERS FROM JAIL First Mode Does Art. 156 include detention prisoners? YES, it is Art. 157 which refers specifically to convicts A prisoner who escapes, whether detention prisoner or convict, but specially a detention prisoner, IS NOT ENTITLED TO BENEFITS OF IS LAW NOTE that a HOSPITAL IS AN EXTENSION OF A JAIL if a person is ORDERED CONFINED THERE by a Court What if the accused was convicted? This is IMMATERIAL, since the crime is already consummated whether or not prisoner surrenders or is apprehended Is there an attempted stage for this felony? YES When a prisoner leaves his cell, but discovered BEFORE LEAVING THE PENAL ESTABLISHMENT, is a case of an attempt of this felony What if the custodian helped the prisoner escape? The custodian is NOT LIABLE under Art. 156, but for INFIDELITY IN THE CUSTODY OF PRISONERS under Art. 223 or 224, as the case may be NOTE that penal establishments INCLUDE PENAL COLONIES RELATE to RA No. 9372, Sec. 44 RELATE to Art. 18

Page 23 of 60 CG Meneses How is the crime committed? 1. By violence 2. By intimidation 3. By bribery 4. By other means 1-3 higher penalty

Is bribery in Art. 156 the same as that in Art. 212 (corruption of public officers)? NO The bribery in Art. 156 is COMMITTED BY THE PERSON HELPING THE PRISONER ESCAPE, AND THE BRIBE IS TO A THIRD PERSON OTHER THAN THE ONE ASSISTING AND THE PRISONER What if the prisoner DIRECTLY BRIBES the officer? Then the prisoner is liable for 2 crimes CORRUPTION OF PUBLIC OFFICIALS under Art. 212 and DELIVERY OF PERSONS FROM JAIL under Art. 156, by express provision of Art. 212 What are other means? 1. Use of false key or picklocks 2. Disguise 3. Craft 4. Taking guards by surprise 5. Deceit Does the phrase include crimes in the RPC? [no answer] Does Art. 156 absorb common crimes? NO, separate offenses; Art. 48 applies since this is may constitute an act to commit another crime RELATE to PD No. 1829, Sec. 1(c) ART. 157 EVASION OF SERVICE OF SENTENCE Convict must be serving his sentence; during the term

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 What about destierro? Art. 157 is APPLICABLE during the term of imprisonment is NOT ACCURATE translation, it should be DURING THE TERM OF SENTENCE WHICH CONSISTS IN THE DEPRIVATION OF LIBERTY Del Castillo v. Torrecampo, 394 S 221*** ESCAPE in legal parlance, and for purposes of Art. 93 and 157, means the unlawful departure of the prisoner from the limits of his custody, and ONE WHO HAS NOT BEEN COMMITTED TO PRISON CANNOT BE SAID TO HAVE ESCAPED THEREFROM thus, petitioner, who was never brought to prisoner, and in fact was already in hiding even before the execution of the judgment for his conviction, is not entitled to the benefit of prescription of penalty under Art. 93 Tanega v. Masakayan, 19 S 567 For prescription of penalty imposed by final sentence to run, the culprit should escape DURING THE TERM OF SUCH IMPRISONMENT Art. 93 of the RPC provides that the prescription of penalties shall commence to run FROM THE DATE THE FELON EVADES THE SERVICE OF HIS SENTENCE, and if the convict was NEVER PLACED IN CONFINEMENT, prescription does not run in his favor Elements: 1. Convict by final judgment 2. Serving sentence 3. Escapes during term of sentence Art. 157 APPLIES TO EVASION OF SENTENCE FOR VIOLATION OF SPLs Who is not liable under Art. 157? 1. Detention prisoner 2. Person who violates departure order 3. Youthful offenders whose declaration or promulgation of sentence is SUSPENDED

Page 24 of 60 CG Meneses RELATE to Art. 88, since arresto menor can be served in the house of the defendant himself under the surveillance of an officer of the law RELATE to Art. 8, since in Art. 157, connivance is a QUALIFYING circumstance 10 Sept 2009 ART. 160 QUASI-RECIDIVISM People v. Aling y Majuri, 96 S 472 Quasi-recidivism is a special aggravating circumstance, and cannot be offset by generic mitigating circumstances Offended party is entitled to exemplary damages when accused is found to be a quasi-recidivist It does not matter that the felony is a crime defined by an SPL, what matters is WHEN THE 2ND CRIME IS PUNISHED BY AN SPL WHICH DOES NOT APPLY THE NOMENCLATURE OF THE RPC in this latter instance, NO quasi-recidivism, otherwise, Art. 160 may apply Also, IF THE 2ND CRIME IS PUNISHABLE BY RECLUSION PERPETUA, Art. 160 DOES NOT APPLY since the latter is a single indivisible penalty Art. 62, par. 1 provides that aggravating circumstances which are punished by law AS AN ELEMENT OF THE OFFENSE CHARGED SHOULD NOT BE TAKEN INTO ACCOUNT in imposing the penalty i.e., evasion of sentence included in quasi-recidivism What about destierro? [no answer] What if the offender is a recidivist and a quasi-recidivist? Impose MAXIMUM OF THE MAXIMUM PENALTY

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 What if a complex crime was committed? Maximum penalty for the most serious offense if a quasi-recidivist, impose MAXIMUM OF THE MAXIMUM OF THE PENALTY FOR THE MOST SERIOUS OFFENSE ART. 161, 162 COUNTERFEITING SEAL, USING FORGED SIGNATURE Camido v. CA, 8 Dec 1995 If accused forged the signature of the President, THERE ARE AS MANY CRIMES OF FORGERIES AS THERE ARE DOCUMENTS FORGED Caubang v. People, 210 S 377 Crime is only by dolo, NOT BY CULPA knowingly or maliciously forging the provision requires

Page 25 of 60 CG Meneses Liability is under Art. 171 if the falsification was committed by any other mode or means than that provided in Art. 170 ART. 171 FALSIFICATION A document INCAPABLE OF PRODUCING LEGAL EFFECTS CANNOT BE THE SUBJECT OF FALSIFICATION Official Document one in which a public official intervenes in preparation or accomplishment Commercial Document used by merchants to facilitate trade and commercial transactions Private Document no intervention of public notary or public official legally authorized to do so, by which some disposition or agreement is proved Monteverde v. People, 435 P 906 If the document is intended to be part of a public record, and the document is falsified BEFORE it becomes part of the public record, Art. 171 is still violated People v. Bon Ping CSC Booklet forms part of the official records of the government, so when it is falsified, liable under Art. 171 Bermejo v. Barrios Pleadings of parties and papers in action in custody of the clerk of court are PUBLIC documents Layug v. Sandiganbayan Petitioner, a public school teacher, indicated in her DAILY TIME RECORD that she attended classes, when in fact she did not AS MANY CRIMES AS DTRs FALSIFIED

ART. 166, 169 FORGING TREASURY OR BANK NOTES PAYABLE TO BEARER People v. Balmores, 85 P 493 Philippine charity sweepstakes ticket is a government obligation however, forgery of this document makes one liable for ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENT, not forgery under Art. 166 in relation to Art. 169 ART. 170 FALSIFICATION OF LEGISLATIVE DOCUMENTS Elements: 1. What is authored is a genuine bill, or ordinance 2. Alteration must be the substance 3. Alteration is with deliberate intent BUT, if the offender is a PUBLIC OFFICER OR EMPLOYEE IN CUSTODY OF THE DOCUMENT liable for FALSIFICATION in Art. 171, and not under this provision

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 A government employees DAILY TIME RECORD IS A PUBLIC DOCUMENT When is falsification consummated? The moment the false document is EXECUTED, or the moment the document is ALTERED There is no ATTEMPTED of FRUSTRATED FALSIFICATION, except may be when the falsification is imperfect Sarep v. Sandiganbayan Falsification of public document THROUGH RECKLESS IMPRUDENCE Is there falsification by OMISSION? YES, see People v. Dizon DIFFERENCE BETWEEN ART. 171 AND ART. 172 Art. 171 1. Offender is a public officer, employee, or religious minister 2. Document falsified is ANY KIND 3. Damage NOT AN ELEMENT, but the erosion of public faith in the documents Art. 172 1. Offender INCLUDES private individuals 2. Document falsified is classified into public, official, and commercial on one hand, and private on the other 3. DAMAGE is an element in falsification of PRIVATE document AND in the USE OF FALSIFIED DOCUMENTS not in judicial proceedings THUS, a public official not included in Art. 171 may be liable under Art. 172 because he may not have taken advantage of his official position in so doing ALSO, Art. 171 presupposes that the officer or notary public IS THE CUSTODIAN OF THE DOCUMENT if he issues an authenticated copy, he is liable under Art. 171, not Art. 172

Page 26 of 60 CG Meneses _____, 16 CAR 2s 1393 The translation IMITATING is erroneous, since the word used in the Spanish Penal Code is FINDIENDO, which is properly translated as FEIGNING FEIGNING a signature DOES NOT REQUIRE IMITATION, BUT IS A FORGERY OF A SIGNATURE THAT DOES NOT IN FACT EXIST COUNTERFEITING is the IMITATION of an original or genuine signature US v. Paraiso, 5 P 149 (see also, Paraiso v. US, 207 US 368 same case, on writ of error to the Supreme Court of the United States) For one to be guilty of counterfeiting a signature THERE MUST BE AN ATTEMPT TO IMITATE THE SIGNATURE OF ANOTHER US v. Rampas It is NOT NECESSARY FOR THE IMITATION TO BE PERFECT it is sufficient is there is a resemblance People v. Isla, 42 P 485 [Justice Callejo: does not follow previous rulings] There must be an attempt to imitate IF THERE IS NO RESEMBLANCE, not under par. 1 of Art. 171 PAR. 2 Bernardino v. People The act or proceeding must in fact exist in par. 2 of Art. 171 12 Sept 2009 PAR. 2 [continued] Bernardino v. People, 546 S 237 Elements: 1. Offender is a public officer or employee or notary public 2. Takes advantage of official position 3. Falsifies a document

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 4. By causing it to appear that the person participated in any act or proceeding when in fact he did not Indispensable that the offender make it appear that the person participated in the act or proceeding THE PERSON SHOULD IN FACT EXIST Cuello Callon If the person is ALREADY DEAD, is offender liable? YES Lastrilla v. Granda, 481 S 324*** Accused is guilty under paragraph 1, 2, and 5 antedated document (par. 5); forged signature of dead father (par. 1) Andaya v. People, 493 S 531 Falsification under par. 2, Art. 171 in relation to Art. 172 People v. Abubakar, 93 S 294 Accused made it appear that he was a registered voter, and was able to vote Ruling: accused guilty of falsification under par. 2, criminal liability in RPC apart from liability in OEC People v. Asa, 2 CAR 16 Guilty of violation of par. 2 when accused affixed thumb mark in list of voters that did not actually vote People v. Villanueva, 58 P 671 Where public officer misappropriated public funds, and concealed the misappropriation by imitating signatures of payees Ruling: two crimes, falsification under par. 1, Art. 171 and malversation But what if accused DID NOT imitate signatures of payee? YES, still a violation of par. 2, Art. 171 What if person impersonated examinee in civil service exam? People v. Leonidas, 40 OG Supp 101 When accused impersonated examinee, falsification under par. 2 Samson v. CA Par. 2, Art. 171

Page 27 of 60 CG Meneses

Mallari v. People, 168 S 432 When it was made to appear that real owner mortgaged property falsification Accused borrowed money from 2 lenders on same occasion ONE CRIME OF ESTAFA, delito continuado People v. Stella Romualdez, 57 P 148 PAR. 4 Siquian v. People Elements: 1. Offender a public officer or employee, or a notary public 2. Made untruthful statements in a narration of facts 3. Had a legal obligation to disclose the truth People v. Yanza(?) Must be a narration of facts, NOT CONCLUSION OF LAW Amora, Jr. v. SB Conviction shall not be sustained WHEN OFFENDER ACTED IN GOOD FAITH If document is altered TO CONTAIN/SPEAK OF THE TRUTH, NO FALSIFICATION Lumangcas v. Quinta, 400 P 785 Manalo v. People, 12 September 2007 Legal obligation must stem from a law, rule, or regulation issued by a government agency If applicant falsifies data in personal information sheet, liable? YES, because PIS can be a source of obligation and is required by the CSC

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Po Giok To Is there legal obligation to disclose truth in residence certificate? YES, in CA No. 465(?) Concerned Employee v. Generoso, 467 S 614 If a taxpayer made a false narration of facts in is ITR, and filed the same with the BIR, to avoid paying taxes, liable? YES, under par. 4 PAR. 5 The date altered MUST BE ESSENTIAL TO THE DOCUMENT The alteration MUST BE INTENTIONAL What dates? Dates of birth, date of marriage, date of death, date of payment of obligations US v. Mateo, 25 P 324 Alteration must be one which causes the document to speak a language different PAR. 6 Garcia v. CA, citing RP v. CA, 116 S 505 Elements: 1. Person alters or changes or intercalates an entry or statement in a document 2. Document is genuine 3. Alterations or intercalations speak something false May be committed by any person, BUT if private individual in a private document Art. 172 applies, AND if Art. 172 applies, then there must be damage caused or intent to cause damage Alterations erasures, interlineations, addition, substitution of material matter

Page 28 of 60 CG Meneses People v. Reodica, 62 P 567 Alteration must be such as to speak a different language or import than that which it is supposed to convey [3 CJS 905] The alteration speaks a different language where: 1. Affects legal identity of parties 2. Affects rights, duties, and obligations 3. Changes scope of document Pacana v. People, 47 P 48 Ignorance or mistake as to particular facts WILL, GENERALLY, EXEMPT from liability GOOD FAITH IS A DEFENSE PAR. 7 Two Modes: 1. Issuance in an authenticated form purporting to be a copy of the original when no such original exists (ORIGINAL DOES NOT EXIST) 2. Including a statement contrary to or different from original (ORIGINAL EXISTS) Second mode By DOLO Alteration must be material which changes the document Usually committed by persons in custody of the document, including notary public A private individual who conspires with a public officer or notary public is also liable under par. 7 Flores v. Layosa Consuelo v. Mallari Falsification of a public, official, or commercial document may be a constituent felony under Art. 48 as a means to commit another crime

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 If falsification is committed to CONCEAL the malversation TWO CRIMES (Art. 48 as a means to COMMIT, NOT TO CONCEAL) If document falsified under ALL modes in Art. 171, ONLY ONE CRIME OF FALSIFICATION, because the offender moved by only one criminal intent note Lastrilla, only one offense of FALSIFICATION even if committed under three modes People v. Madrigal Abalos v. People BUT there as many crimes as falsification as DOCUMENTS FALSIFIED People v. Segovia People v. Ponferrada ART. 172 USE OF FALSIFIED DOCUMENTS Samson v. CA Batulanon v. People PAR. 2 Dava v. People The offender is a person other than the author of the falsification, and uses the document as evidence in any judicial proceeding If the author himself uses the document, liability is for FALSIFICATION, NOT USE OF FALSIFIED DOCUMENT CSC v. Sta. Ana, 435 P 1 Accused is guilty of the crime of falsification of public document and the use of public document if he falsified the certification in addition to the personal data sheet US v. Gomez, 3 P 436 Under par. 2, the offender MUST BE AWARE of the falsity of the document

Page 29 of 60 CG Meneses Judicial proceedings all-embracing: criminal, civil, special proceedings People v. Prudente, 1 CAR 759 INTENT TO CAUSE DAMAGE OR DAMAGE CAUSED, NOT AN ELEMENT WHAT IS PUNISHED IS THE USE ART. 177 USURPATION OF AUTHORITY Is there a complex crime of usurpation of authority with falsification? YES People v. Cortez, 73 OG 10056 When individual introduced himself as BIR agent, with falsified BIR ID RELATE to RA No. 75 liability for pretending to be a consul, diplomatic officer, etc., Art. 177 will NOT apply Liability for BOTH usurpation and RA No. 75? YES [Justice Callejo] Simulation of public authority is a MODE of committing crime of kidnapping Robbery may be committed by pretending to have public authority NOT complex crime, because it is a MODE of committing robbery, do not apply Art. 48 ART. 178 USING FICTITIOUS NAME Public use of fictitious name to: 1. Conceal crime 2. Evade execution of judgment 3. Cause damage

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Law requires PUBLIC USE how? One uses a fictitious name publicly IF HE USES THE NAME IN A PUBLIC OR OFFICIAL DOCUMENT US v. Piu, 35 P 4 Fictitious name in a passport, liable? YES What is the damage contemplated? NOT TO A PRIVATE PERSON, BUT TO PUBLIC INTEREST What does public interest mean? Damage to the community in general Fictitious name to defraud another NOT ART. 178, but ESTAFA (relate to Art. 315) Fictitious name to enter house to rob NOT ART. 178, but ROBBERY (relate to Art. 299) Where one uses a fictitious name to commit falsification Callon: INTEGRATED in the crime of falsification EVADING JUDGMENT Law does not distinguish between criminal or civil cases Supposing offender takes place of convict, so convict can escape, what crime? CONVICT WHO ESCAPED evasion of service of sentence PERSON WHO TOOK PLACE 1. Using fictitious name under Art. 178 (Albert with whom Justice Callejo does NOT agree); 2. Use of fictitious name AND delivery of prisoner from jail under Art. 156 (Reyes with whom Justice Callejo does not agree insofar as use of fictitious name is concerned); 3. Delivery of prisoner from jail, AND the use by a fictitious name ABSORBED (Regalado with whom Justice Callejo does NOT agree); Cuello

Page 30 of 60 CG Meneses 4. complex crime delivery of prisoner from jail with use of fictitious name (Justice Callejo) If a person was able to conceal the escape of a convict by use of a fictitious name 2 CRIMES ART. 180, 181 FALSE TESTIMONY IN CRIMINAL CASES Art. 180 against a defendant Art. 181 in favor of a defendant Judgments for violations of RPC? Include SPL using nomenclature of RPC Art. 180 and 181 are crimes mala in se Bachrach Motor v. CIR Necessary that testimony is COMPLETE when witness has already been cross-examined, and discharged as a witness Villanueva v. Sec. of Justice, 475 S 495 Law requires that OFFENDER BE AWARE OF FALSITY OF TESTIMONY People v. Reyes, 48 OG 1837 People v. Maneja, 72 P 256 There must be a FINAL JUDGMENT; the mere testimony IS NOT ENOUGH; final judgment a condition sine qua non Under Art. 180, the testimony of a witness may refer not only to the guilt, but also to aggravating or qualifying circumstances Whether the accused is convicted or not is immaterial BUT Art. 180 WILL NOT APPLY if penalty less than correctional penalty, but WITNESS may be charged with perjury

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 If accused himself testifies falsely in his behalf, liable? NOT LIABLE If accused falsely testifies by attributing the crime to another person, liable? YES, People v. Soliman, 36 P 5 The retraction of the witness of his testimony DOES NOT EXTINGUISH CRIME since it is already consummated, UNLESS retraction is SPONTANEOUS No attempted or frustrated stage of crime (Cuello Callon Justice Callejo agrees there is no frustrated stage) RA No. 6981, Sec. 13, Witness Protection Act Witness who testifies falsely or evasively loses immunity and becomes liable for perjury, NOT under Art. 180 or 182 RA No. 9372, Sec. 47 False testimony a crime under the law RPC and HSA at the same time? NO. Under RA 9372, one convicted of crime in RPC cannot be prosecuted under HSA ART. 182 FALSE TESTIMONY IN CIVIL CASES Ark Travel Express, Inc. v. Presiding Judge Party litigants and witnesses may be guilty of this crime 1. Testimony in civil case 2. Testimony must relate to an issue 3. Testimony is false 4. Person knew testimony is false 5. With criminal intent Civil Case not confined to ordinary civil actions, includes supplemental proceedings, i.e., execution, arbitration, preliminary attachment, relief from judgment People v. Gutierrez

Page 31 of 60 CG Meneses

Serrano v. Asturias, 476 S __ Provision does not apply to false testimony in SPECIAL PROCEEDINGS, or petition for naturalization What applies? Art. 183, perjury ART. 183 - PERJURY Perjury is the willful and corrupt assertion of a falsehood under oath or affirmation administered by authority of law on a material matter Villanueva v. Sec. of Justice, 475 S 495 Requirements: 1. Accused made a statement under oath or executed an affidavit upon a material matter 2. Statement or affidavit made before a competent officer, authorized to receive and administer oath 3. Statement or affidavit contained a willful and deliberate assertion of a falsehood 4. The statement or affidavit was required by law, or for a legal purpose What is material matter? Villanueva v. Sec. of Justice The main fact subject of the inquiry, or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony related to the subject of the inquiry, or which legitimately affects the credence of any witness who testified 14 Sept 2009 ART. 203 PUBLIC OFFICERS Agencies of the government include: 1. GOCCs

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 2. Subsidiaries of GOCCs, whether with original charter or created under the Corporation Code 3. Whether stock or non-stock AS LONG AS FUNCTIONS ARE GOVERNMENTAL IN NATURE Agbayani v. Sayo People v. Sandiganbayan, 451 S 413 ART. 204 RENDERING UNJUST JUDGMENT Cortez v. Nazario, 422 S 541 DOES NOT APPLY TO APPELLATE JUDGES/JUSTICES, covers only judges in MTC/RTC In Re: Borromeo, 241 S 410 There must first be a judgment in an appropriate proceeding condition sine qua non In what proceeding? De Vera v. Pelayo, 390 P 596 1. Certiorari or prohibition under Rule 65 impugning the validity of the judgment 2. Administrative proceeding in the Supreme Court against the judge precisely for promulgating an unjust judgment or order Zuo v. Cabebe, 444 S 382 Felony in Art. 204 is MALUM IN SE, judge must act with malice ART. 205 JUDGMENT RENDERED THROUGH NEGLIGENCE Committed by culpa ART. 206 UNJUST INTERLOCUTORY ORDER

Page 32 of 60 CG Meneses May be committed by dolo or by culpa ART. 207 DELAY IN ADMINISTRATION OF JUSTICE Magdamo v. Judge Pahimulin, 73 S 110 May be committed ONLY BY DOLO because of the use of the word MALICIOUS to inflict damage or injury ART. 208 PREVARICACION US v. Mendoza, 23 P 194 What crime/offense? RPC or SPL Abuse of public position is an ELEMENT OF THE CRIMES UNDER CHAPTER 2, SECTION 1 Arts. 204-209 What about private individuals? Liable under PD No. 1829 and Art. 19 of the RPC, NOT UNDER ART. 208 Merencillo v. People, 521 S 31 A public officer or employee liable under Art. 208 or under Art. 209 (bribery) may also be made liable under RA No. 3019 Sec. 3 provides IN ADDITION to acts or omissions of public officers already penalized by existing law NOTE that prevaricacion is a constituent element of QUALIFIED BRIBERY ART. 210, 211 DIRECT/INDIRECT BRIBERY Garcia v. Sandiganbayan, 507 S 208

Loyola v. Gabo, 380 P 318

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Merencillo v. People*** A comparison of the elements of the crime of bribery defined and punished under Art. 210 and those of violation of Sec. 3(b) of RA No. 3019 shows that there is neither identity nor necessary inclusion between the two offenses Tad-y v. People, 466 S 474*** Elements: 1. The offender is a public officer 2. The offender accepts an offer or promise or receives a gift or present by himself or through another 3. Acceptance is with a view to commit some crime, to do an act which is not a crime but is unjust, or refrain from doing something which is his official duty to do 4. The act is in connection with the performance of his official duties Official duties include any action authorized it is sufficient if the officer has the official power, ability, or apparent ability to bring about or to contribute to the desired end It is also sufficient if the action of the officer is part of any established procedure consistent with the authority of the government agency BUT where the act is ENTIRELY OUTSIDE OF THE OFFICIAL FUNCTIONS OF THE OFFICER TO WHOM THE MONEY IS OFFERED, THE OFFENSE IS NOT BRIBERY Use public officers definition in Art. 203 What are official duties? Such duties with official power who can contribute to the end sought to be achieved by bribery Can bribery be attempted or frustrated? ATTEMPTED yes FRUSTRATED no

Page 33 of 60 CG Meneses De los Angeles v. People, 103 P 295 US v. Te Tong, 26 P 453 General rule always consummated Liabilities of the Parties RECEIVER bribery GIVER corruption of public officer Justice Callejo: for the giver, if bribery is attempted, offense is ATTEMPTED CORRUPTION First Mode US v. Gimena, 24 P 464 It is NOT NECESSARY that the GIFT WAS RECEIVED, IT IS ENOUGH IF THERE WAS A PROMISE from which the public official bases his performance, or the refraining of the act, or as consideration What about a judge who receives a bribe to render an unjust judgment? TWO SEPARATE OFFENSES bribery AND knowingly rendering unjust judgment Soriano v. Sandiganbayan, 31 July 1984 Prevaricacion AND bribery are SEPARATE offenses Art. 48 do not apply

It is enough that the act is CONNECTED TO THE PERFORMANCE OF DUTIES it is NOT A DEFENSE that the offender EXCEEDED HIS AUTHORITY Valderama v. Nagal Receiving money on different occasions in consideration of one act AS MANY CRIMES AS BRIBES GIVEN AND RECEIVED

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 May a private individual be liable for bribery? YES, as held in Acejas III v. People, 493 S 292 BUT according to Justice Callejo, there was CONSPIRANCY, and the crime was robbery or extortion NOTE that BRIBERY IS CONSENSUAL it DOES NOT MATTER if the offense was committed, AS LONG AS THERE WAS AN AGREEMENT Mamba v. Judge Garcia, 412 S 1 A judge is an accomplice in the commission of bribery if he cooperated in the commission of the crime BY PREVIOUS OR SIMULTANEOUS ACTS Formilleza v. Sandiganbayan, 129 S 91 There must be an indication that the public officer received the money IN CONSIDERATION ART. 211-A QUALIFIED BRIBERY Read in connection with prevaricacion What about SPL punishing the offense with life imprisonment? Note that Art. 211-A uses reclusion perpetua ORDINARY BRIBERY ONLY, not under Art. 211-A Justice Callejo: but look at intent of the law NOTE that the person MUST BE CONVICTED OF THE CRIME ART. 217 MALVERSATION Salamera v. Sandiganbayan, 303 S 307 Public Funds / Public Property funds or property owned by the government, including LGUs and GOCCs; funds impressed with public character Baluyot v. Organza, 325 S 222

Page 34 of 60 CG Meneses NOTE the decision of the SC in Liban v. Gordon, 15 July 2009, which overturned Camporedondo v. NLRC and declared the Philippine National Red Cross as a private corporation as it is not owned nor controlled by the government Mariano Ocampo v. People, 4 Feb 2008 Ocampo, a governor of Tarlac, entered into an agreement with NGO Lingkod Tarlac for livelihood projects, and spent the amount for other purposes. Are loans given by the province to a foundation in the nature of public funds? NO, money given as a loan LOSES ITS CHARACTER AS PUBLIC FUND OR PROPERTY even if prior to the loan is a public fund How is malversation committed? Pontevida v. People, 467 S 219 1. Misappropriation 2. Taking for personal use 3. Allowing another Concept of taking in malversation, same as that in theft COMPLETE Malversation may be committed by dolo or by culpa ACCOUNTABLE OFFICER Quenejero v. People, 397 S 465 Consider duties of the officer: 1. Custody of funds PART OF DUTY 2. Duty-bound to ACCOUNT Bariga v. Sandiganbayan, 457 S 301 TITLE of the office is IMMATERIAL, it is the NATURE OF THE JOB WHICH IS DECISIVE OR CONTROLLING Frias v. People, 4 Oct 2007 Local government officials become accountable public officers either:

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 1. Because of the nature of their functions 2. On account of their participation in the use or application of public funds PUBLIC FUNDS/PROPERTY Is object evidence in the nature of public property? YES Castillo v. Buencillo, 427 S 356 Solesta v. Mision, 457 S 519 Even if an object is merely offered as exhibits is pending litigation, they are public property since they are in custodial egis Hence, a CASH BAIL BOND, and MONEY CONSIGNED with the court, are also in the nature of public funds as they are in custodial egis public funds include money in custody by provision of law or the Rules of Court or by any other order or legal process issued by a court People v. Enfermo, 476 S 513 Payroll money of employees of the government are public funds BEFORE they are given to the employees Diego v. Sandiganbayan, 339 S 592 Use of dangerous drugs seized by government malversation

Page 35 of 60 CG Meneses Giving of vale or loan from public funds prohibited by Sec. 105 of the Government Auditing Code Enriquez v. People, 331 S 538 The law creates a prima facie presumption of malversation WHEN AN ACCOUNTABLE OFFICER FAILS TO ACCOUNT WHEN DEMANDED nevertheless, THERE MUST STILL BE EVIDENCE OF THE SHORTAGE THERE ARE AS MANY CRIMES AS OCCASIONS WHEN MONEY TAKEN malversation may be complexed with other crimes, BUT NOT when the other is used TO CONCEAL the crime San Jose v. Camorongan, 488 S 102 When the officer is not an accountable officer, NO MALVERSATION There may be liability for MALVERSATION BY CULPA Gaviola v. Navarete, 341 S 68 Restitution DOES NOT extinguish criminal liability only Pontevida v. Sandiganbayan Quimpo v. Sandiganbayan Arias v. Sandiganbayan, 19 Dec 1989 Negligence MUST BE RECKLESS, SINCE GOOD FAITH IS A DEFENSE Magsuci v. Sandiganbayan NOTE that abuse of public position is INHERENT in malversation ART. 218 FAILURE TO RENDER ACCOUNT Campomanes v. People, 511 S 285 Requisites: 1. Required by law to render account 2. Did not render account MITIGATED

Magsino v. People, 57 OG __ Includes objects seized by virtue of a search warrant Arriola v. Sandiganbayan, 494 S 344 Logs seized pursuant to the Forestry Code, also public property LIABILITIES People v. Sendaydiego, 81 S 12 Private individuals who conspire with public officers may also be guilty of malversation Meneses v. Sandiganbayan, 232 S 441 Chan v. Sandiganbayan, 466 S 190

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Manlangit v. Sandiganbayan NO NEED for demand to render account OR DUTY IMPOSED BY LAW Gravamen of the offense required by law

Page 36 of 60 CG Meneses Suppose a person arrested without a warrant who, while undergoing preliminary investigation executed an affidavit waiving Art. 125, and then escapes, is the officer liable? YES Rodillas v. Sandiganbayan, 244 P 266 Petitioner acted negligently and beyond the scope of his authority when he permitted his charge to create the situation which led to her escape it is the duty of any police officer having custody of a prisoner to take the necessary precautions to assure the absence of any means to escape, and a failure in this will make his act one of definite laxity or negligence amounting to deliberate non-performance of duty People v. Bandino, 29 P 249 Connivance tolerance of infraction CONNIVING OR CONSENTING TO EVASION is penalized under Art. 223; EVASION THROUGH NEGLIGENCE is under Art. 224 What if the officer, without conniving, ALLOWED a DETENTION PRISONER to escape? NO LIABILITY Art. 223 requires connivance; Art. 224 covers only prisoners by final judgment [BUT Art. 223 also uses the word CONSENTING, and to allow is similar to to consent; also, Art. 224 mentions prisoner merely which is not as expressly qualified as in Art. 223 which provides that it be by final judgment] The OFFENDER MUST BE THE ONE IN CUSTODY OF THE PRISONER 17 Sept 2009 ART. 246 PARRICIDE Spouse legitimately married Relatives by blood in the direct line

basis is the OBLIGATION

the FAILURE to render account as

ART. 220 TECHNICAL MALVERSATION Abdullah v. People, 455 S 78 No misappropriation, or not for personal use public officer uses the fund or property for ANOTHER GOVERNMENTAL PURPOSE RA NO. 7080 PLUNDER Estrada v. Sandiganbayan, 421 S 280 Plunder is malum in se RELATE to Art. 8 is the Plunder Law a conspiracy statute?

ART. 223, 224 INFIDELITY IN CUSTODY OF PRISONERS Who are included? Prisoners by final judgment (Art. 223, par. 1) and detention prisoners (Art. 223, par. 2) RELATE to Art. 88, for unless the manner of service of sentence is allowed by this provision, there is liability NOTE that a person serving DESTIERRO is NOT DETAINED How may it be committed? By dolo or by culpa

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Children may be legitimate or illegitimate (include children from adulterous or incestuous relationships) People v. Paycana, 16 Apr 2008 What if the child is less than 3 days old? INFANTICIDE, NOT PARRICIDE NOTE that in infanticide, RELATIONSHIP is NOT AN ELEMENT; but if either of the parents kills the child, impose PENALTY FOR PARRICIDE, except as provided in par. 2 of Art. 255 NOTE that the law DOES NOT REQUIRE OFFENDERS AWARENESS OF HIS RELATIONSHIP WITH THE VICTIM, what matters is the FACT, not the knowledge, of the relationship Parricide is ABSORBED in ROBBERY WITH HOMICIDE since the use of term homicide is generic HOWEVER, EVEN IF THERE IS CONSPIRACY, ONLY THE PERSON RELATED to the victim will be liable for parricide RELATE to Art. 8, 17, and 48 Complex crime of parricide and infanticide People v. Laureano, 71 P 530 In parricide, treachery is a GENERIC, NOT A QUALIFYING, CIRCUMSTANCE Is there parricide by culpa? YES reckless imprudence resulting in parricide People v. Paycana Court applied Art. 48 parricide with unintentional abortion People v. Rubinos, 432 P __ Parricide is POSSIBLE in the ATTEMPTED and FRUSTRATED stages

Page 37 of 60 CG Meneses BUT, IF THERE WAS NO INTENT TO KILL RELATE to Art. 263, par. 2 circumstances physical injuries

relationship is a special aggravating

ART. 247 DEATH UNDER EXCEPTIONAL CIRCUMSTANCES People v. Araquel, 106 P 677 Art. 247 does not define a felony it merely grants a privilege or benefit amounting to an exemption Destierro in this instance is NOT A PENALTY, but TO PROTECT THE ACCUSED FROM REVENGE People v. Coricor, 79 P 627 The rationale for imposing destierro is a product of twisted logic [Justice Perfecto] May court consider Art. 13 or 14? Weight of authority does not and as held in People v. Oyanib, 406 P 621, Art. 247 is in itself already an absolutory and exempting cause PROBLEM: the law speaks of serious physical injuries, but what if the crime/killing was merely attempted or frustrated, is destierro still applicable? People v. Wagas, 8 Mar 1989 There must be a concurrence of: 1. Offended spouse killing his or her spouse and the other person 2. Killing must be AT THE TIME of flagrant unfaithfulness BUT what if the killing occurs AFTER? POSSIBLE People v. Abarca If killing is a DIRECT BY-PRODUCT length of time must be judged on a case to case basis

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Rabandan OPTIONS defense of honor, and thus justified, under Art. 11; OR under the circumstances in Art. 247, penalty is destierro MISTAKE OF FACT is applicable People v. Vergara, 15 S 1121 Defense of honor in Art. 11 may justify NOTE that Art. 247 uses the term SEXUAL INTERCOURSE, so if what was committed was SEXUAL ASSAULT, accused cannot invoke Art. 247 since this provision was not amended by RA No. 8353 ART. 248 MURDER RELATE to RA No. 8294 People v. Comadre Use of explosives People v. Malngan Use of fire Outrage gross insult Scoff contempt by derisive acts or language People v. Olivo, 402 P 531 People v. Guerrero, 238 P 118 For FIRE to be qualifying, its USE MUST BE PURPOSELY SOUGHT NO complex crime of arson with homicide HOMICIDE either ARSON, or

Page 38 of 60 CG Meneses People v. Galura Treachery inherent in use of POISON, if there is intent to kill, and the victim dies IF THERE IS NO INTENT TO KILL, treachery is qualifying if victim dies ART. 249 HOMICIDE General Rule ATTEMPTED injuries are NOT life-threatening FRUSTRATED injuries life-threatening Lazaro v. People, 26 June 2007 It is not the gravity of the wounds alone which determines whether a felony is attempted or frustrated, but whether the assailant had passed the subjective phase in the commission of the offense People v. Falorina, 424 S 655 NO FRUSTRATED homicide through reckless imprudence homicide presupposes INTENT TO KILL, which is INCOMPATIBLE with imprudence or negligence BUT there is reckless imprudence resulting to physical injuries or serious physical injuries Euthanasia is MURDER, although not defined specifically in the RPC, if initiative comes from the offender RELATE to Sec. 6 of RA No. 9262 ART. 251, 252 TUMULTUOUS AFFRAY Art. 251 results in DEATH Art. 252 results in PHYSICAL INJURIES Arts. 251 and 252 DO NOT DEFINE A CRIME, they merely IDENTIFY WHO MAY BE LIABLE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Onlagada, 339 S 224 Tumultuous affray takes placed when a quarrel occurs between people in a confused and tumultuous manner People v. Abiog, 37 P 137 SEVERAL means more than two FOR EACH group People v. Sion, 277 S 127 Arts. 251 and 252 WILL NOT APPLY IF ASSAILANT OR OFFENDER CAN BE IDENTIFIED Other instances when Arts. 251, 252 WILL NOT APPLY: 1. If there was ONLY ONE INDIVIDUAL ATTACKED 2. If there was a DELIBERATE ATTACK on the other group ART. 253 ASSISTANCE TO SUICIDE People v. Marasigan, 70 P 588 The PERSON ATTEMPTING TO COMMIT SUICIDE is NOT LIABLE IF HE SURVIVES ART. 254 DISCHARGE OF FIREARMS RELATE to Arts. 153, 154, 155, and 248 Dado v. People, 449 P 521 Elements: 1. Offender discharges firearm 2. Against another person aimed at another TO SCARE, NOT TO KILL OR INFLICT INJURY What if the discharge was made in a public place? ART. 153 MAY APPLY

Page 39 of 60 CG Meneses People v. Arquiza, 62 P 611 Complex crime of ILLEGAL DISCHARGE OF FIREARM WITH SERIOUS or LESS SERIOUS PHYSICAL INJURIES Offense cannot be committed by culpa, since SPECIFIC INTENT is present, although not intent to kill US v. Andrada, 5 P 464 ART. 255 INFANTICIDE Relationship is NOT AN ELEMENT of this crime is LESS THAN THREE DAYS OLD People v. Paycana The child must be born ALIVE life as long as victim

viable, or capable of independent

If the victim is a FETUS with INTRAUTERINE LIFE of 6 MONTHS abortion CONCEALING OF MOTHER OF DISHONOR Mitigating circumstance People v. Oro, 90 P 548 Treachery is INHERENT in infanticide People v. Morales, 121 S 426 RELATE to Art. 276 (abandoning a minor) When a mother abandons a 2-day old child, and the child dies INFANTICIDE But if there was no intent to kill, and the child dies ABANDONMENT Although abuse of superior strength is NOT aggravating, SC has ruled that it may apply

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009

Page 40 of 60 CG Meneses ART. 263 SERIOUS PHYSICAL INJURIES

ART. 256, 257, 258, 259 ABORTION People v. Paycana People v. Lopez, 398 P 707 People v. Eng, 64 P 1057 Unintentional abortion may be committed by CULPA Is there frustrated abortion? No decision yet, but Justice Regalado believes there is ART. 260 DUEL Can accused invoke the pari delicto doctrine? NO, doctrine is inapplicable in criminal cases Can there be self-defense? NO, there was an agreement to fight RELATE to Justo v. CA, where Justo hit the victim before reaching the venue even if there was agreement to fight ART. 262 MUTILATION Of what? 1. Essential organ of reproduction, i.e., castration 2. Other organs Offense MUST BE PURPOSELY DONE, it must be intentional there is a deliberate intent, with a desired result US v. Bogel, 7 P 286 Mutilation is understood to be the lopping off or clipping off some part of the body the putting out of an eye does not come under this definition Blindness must be COMPLETE Impotence does not mean inability to copulate HAND is a PRINCIPAL PART, BUT a FINGER is NOT, EXCEPT THAT, LOSS OF A THUMB is SERIOUS PHYSICAL INJURY People v. Contemplacion, 40 OG __ Loss of 4 fingers is SERIOUS physical injuries Loss of Hearing must be COMPLETE and TOTAL People v. Balubar, 60 P 698 ART. 264 ADMINISTERING INJURIOUS SUBSTANCES Must be WITHOUT INTENT TO KILL Must be made KNOWINGLY the accused must be aware that the substance or the beverage is INJURIOUS to the health of the victim If made WITHOUT KNOWLEDGE reckless imprudence serious physical injuries through

What is meant by taking advantage? Trickery, or pretending to possess supernatural power May there be an impossible crime in this instance? NO THERE MUST BE NO OTHER CRIME, in this case there may be physical injuries

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 ART. 265 LESS SERIOUS PHYSICAL INJURIES People v. Remo, 132 S 166 If medically attended to for 2 days, and incapacitated for work for 24 days LESS SERIOUS physical injuries People v. Andaya, 34 P 69 Rape with less serious physical injuries ART. 266 SLIGHT PHYSICAL INJURIES People v. Penesa, 81 P 398 If THERE IS NO EVIDENCE OF INCAPACITY, crime is SLIGHT PHYSICAL INJURIES What if the offender SLAPS the victims face? 1. No physical injuries and no incapacity SLIGHT PHYSICAL INJURIES 2. If PURPOSE is to humiliate in presence of other people SLANDER BY DEED under Art. 359 3. If WITH INTENT TO KILL homicide(?) 4. If WITHOUT INTENT TO KILL Art. 365; SERIOUS PHYSICAL INJURIES or CULPA if without negligence(?) 24 Sept 2009 ART. 266-A, B, C, D RAPE People v. Nequia People v. Ritter First Form By a man includes husbands

Page 41 of 60 CG Meneses Second Form By a man OR a woman SEXUAL ASSAULT People v. Abello, 25 Mar 2009 Elements of Sexual Assault: 1. Offender commits act of sexual assault 2. By means of inserting penis in anothers mouth or anal orifice, OR any instrument or object into anothers genital or anal orifice 3. Under the circumstances enumerated in Art. 266-A, par. 1 There is NO FRUSTRATED RAPE, nor FRUSTRATED SEXUAL ASSAULT People v. Mahinay, 302 S 455 STATUTORY RAPE when victim is BELOW 12 years old (actual age, not mental age) People v. Edonino, 222 S 489 Force may be actual or constructive People v. Correa, 269 S 76 People v. Antonio, 233 S 283 Different people react differently in given situations People v. Remudo, 416 S 432 People v. Abulao, 530 S 675 DEPRIVED OF REASON People v. Andaya, 306 S 202 People v. Nicolas, 436 S 462 Means mental retardation, intellectual weakness, or mental incapacity, OR mental deficiency or abnormality which INCAPACITATES THE VICTIM TO GIVE CONSENT

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Abuel, 261 S 339 People v. Palma, 144 S 236 BUT deprivation NEED NOT BE COMPLETE People v. Guillermo, 521 S 597 Where victim was raped when she was ASLEEP incapable of giving consent likewise

Page 42 of 60 CG Meneses What if the crime was committed with the use of a weapon, and committed by two persons? BOTH QUALIFY THE CRIME, no legal basis to use the other as generic since either is not in Art. 14 BUT this can be a basis for imposition of exemplary damages, following People v. Catubig People v. Almanzor, 433 P 667 If LICENSED FIREARM is used QUALIFYING CIRCUMSTANCE If UNLICENSED FIREARM is used NOT AGGRAVATING, NEITHER IS IT A SEPARATE CRIME RAPE WITH HOMICIDE/ATTEMPTED RAPE WITH HOMICIDE Special complex crime, DO NOT APPLY Art. 48 Homicide MUST BE CONSUMMATED Must be committed BY REASON of the rape People v. Ramos, 94 S 842 BY REASON with a logical connection LIABILITIES If the accused TRANSMITS STD TO THE VICTIM AND VICTIM DIES RAPE WITH HOMICIDE People v. Honra, Jr., 295 P 299 If homicide is NOT consummated, there are TWO CRIMES (what about attempted homicide with rape?) What if the victim suffers serious or less serious physical injuries? People v. Apiado, 53 P 325 Apply Art. 48 SINGLE ACT People v. Lizada PREPARATORY ACTS may be ACTS OF LASCIVIOUSNESS IF THERE IS NO INTENT TO LIE WITH THE VICTIM People v. Cordonio, 319 P 169 If the PURPOSE is TO RAPE RAPE

People v. Salarsa, 18 Aug 1997 It does not matter whether the victim was only half-asleep, or was only drowsy, WHAT IS DETERMINATIVE IS WHETHER THE VICTIM COULD HAVE GIVEN CONSENT OR NOT People v. Conde, 252 S 681 A person who is asleep is similar to an unconscious person People v. Dela Cruz, 235 S 297 People v. Lintal Use of drugs for rape FRAUDULENT MACHINATION i.e., accused is a twin brother who pretended to be the husband Misrepresentation Accused hoodwinked the victim through deceit or machination DEADLY WEAPON (in Art. 266-B) Does this include an unlicensed firearm? People v. Alfeche, 294 S 353 Deadly weapon any weapon or instrument calculated to produce fear of death or serious bodily harm People v. Cula, 385 P 742 Mere possession of weapon IS NOT ENOUGH, IT MUST BE USED TO PERPETRATE THE RAPE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 If the PURPOSE is to ABDUCT rape is incidental, so FORCIBLE ABDUCTION WITH RAPE (note that forcible abduction requires specific intent lewd designs) INTENT OF THE ACCUSED IN THIS INSTANCE IS PRIMORDIAL to determine whether it is forcible abduction with rape, or separate crimes of forcible abduction and rape If KILLING is merely an AFTERTHOUGHT People v. Obrique, 420 S 304 People v. Intong, 5 Feb 2004 When rape and sexual assault is committed in the same occasion 2 SEPARATE CRIMES People v. Soriano, 436 P 719 People v. Aaron, 438 P 296 DO NOT APPLY Art. 15 if the relationship WILL REQUIRE THE IMPOSITION OF DEATH, but note that in RA No. 8353, relationship is QUALIFYING, NOT mitigating What if a pregnant woman is raped, and abortion is caused? RAPE WITH UNINTENTIONAL ABORTION (on the assumption that offender did not knew victim was pregnant see wording of Arts. 256 and 257) People v. Dio, 160 S 197 2 rapists, but only one killed victim WITH HOMICIDE QUALIFYING CIRCUMSTANCES May the age of the victim be stipulated in the pre-trial order? NO, People v. Balbarona Can the court take judicial notice of the victims age? People v. Rullepa, 398 S 567 BOTH ARE LIABLE FOR RAPE still, rape with homicide

Page 43 of 60 CG Meneses If the court looks at the victim to determine age, THIS IS NOT JUDICIAL NOTICE, but a VIEW OF OBJECT EVIDENCE What is the probative weight of this view by the judge? Depends on each case; this is but an approximation of age, NOT ACTUAL PROOF People v. Garcia, 346 P 475 People v. Delantar, 514 S 115 Guardian legal or judicial guardian People v. Watiwat, 410 S 324 People v. Morillo, 434 P 743 Under custody of police or military PRISONER CONVICT OR DETENTION

PARDON Pardon of one of the principals, by marriage, affects the ACCOMPLICES and/or ACCESSORIES, BUT NOT THE OTHER PRINCIPALS the only benefit the other principals will derive is with respect to a lesser count of the commission of the offense ART. 267 KIDNAPPING Committed by a PRIVATE individual, otherwise, crime is ARBITRARY DETENTION People v. Pickerell, 414 S 19 Although the victim may have consented initially, but subsequently wanted to return or go back KIDNAPPING Serious Illegal Detention deprivation of liberty in whatever form People v. Astorga, 283 S 420 People v. Mercy Santos, 283 S 543 Length of detention is IRRELEVANT

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 There is NO COMPLEX CRIME of KIDNAPPING WITH USURPATION OR SIMULATION OF PUBLIC AUTHORITY a mode of committing the offense KIDNAPPING WITH HOMICIDE WITH RAPE(?) KIDNAPPING FOR RANSOM WITH HOMICIDE People v. Muit, 8 Oct 2008 (decided by 2nd Division) Kidnap for ransom victim was killed, accused convicted of KIDNAPPING FOR RANSOM only kidnapping for ransom already penalized by death, so homicide is now a generic aggravating circumstance (homicide QUALIFIED the kidnapping) Justice Callejo: decision in Muit, is not correct. Follow ruling in People v. Deang, decided by the SC en banc offense in Muit should have been kidnapping for ransom with homicide People v. Regala People v. Reynes, 423 P 363, cited in Muit People v. Larraaga Dehumanization deprivation of qualities of humanity, i.e., compassion to victim 5 Oct 2009 [continued] If KILLING is merely an AFTERTHOUGHT OR kidnapping with homicide kidnapping with rape

Page 44 of 60 CG Meneses respect to murder WILL NOT BE CONSIDERED GENERIC AGGRAVATING CIRCUMSTANCES this is Kidnapping is moved by a SPECIFIC INTENT LIBERTY intent TO DEPRIVE

If the detention is merely INCIDENTAL to the killing MURDER, NOT KIDNAPPING (same rule applies to rape if detention is merely incidental, crime is rape) KIDNAPPING WITH RANSOM Mere INTENT TO DEMAND is enough, no need for actual demand in fact, NO NEED FOR ACTUAL MONEY DEMAND, ANY OTHER BENEFIT IS SUFFICIENT People v. Mesina, 142 S 761/671 The victim is already dead but offender still asked for ransom MURDER, not kidnapping with murder or kidnapping with ransom People v. Salvilla People v. Astorga If victim is NOT YET LOCKED UP, GRAVE COERCION, not kidnapping SEIZURE OF A PERSON FOR RANSOM UNDER PD NO. 532 People v. Isabelo Puno, 219 S 55 If the kidnapping is NOT ISOLATED, and the victim is NOT A SPECIFIC VICTIM/PERSON PD No. 532 will apply If the VICTIM WAS PRECONCEIVED Art. 267 will apply BUT, THERE MUST BE EVIDENCE OF PRIOR ATTEMPTS for PD No. 532 to apply People v. Pagalansan THERE ARE AS MANY CRIMES COMMITTED AS THE NUMBER OF PERSONS KIDNAPPED

In kidnapping with homicide or rape, the homicide or rape MUST BE CONSUMMATED if merely ATTEMPTED or FRUSTRATED either TWO SEPARATE CRIMES, or Art. 48 will apply Is there a complex crime of kidnapping WITH MURDER? YES, People v. Mercado, 346 S 256, but the qualifying circumstances with

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 People v. Bacungay, 228 P 798 As many crimes as persons kidnapped EVEN IF KIDNAPPING WAS DONE AT THE SAME TIME, PLACE, AND OCCASION ART. 270 KIDNAPPING OF MINORS People v. Ty, 263 S 645 Elements: 1. Offender entrusted with custody 2. Offender deliberately refuses to return minor Committed only BY DOLO People v. Pastrana, 436 P 127 Either of the parents may be liable under Arts. 270 or 271 ART. 280 QUALIFIED TRESPASS TO DWELLING People v. Avedosa People v. Medina, 59 P 124 No such crime as TRESPASS TO DWELLING WITH HOMICIDE or MURDER in these instances, trespass to dwelling is either generic aggravating or qualifying, or for 2 separate crimes NOTE that trespass to dwelling is ABSORBED BY THE GREATER OFFENSE especially when the original intent is to kill ART. 282 GRAVE THREATS What is the difference between robbery and extortion? Robbery takes place when the property is taken in possession right then and there, or at the moment of the robber

Page 45 of 60 CG Meneses Fortuno v. People, 426 S __ ART. 286 GRAVE COERCIONS Sarabia v. People, 414 P 189 Where petitioner, a policeman, intimidated two lovers, forced them to perform sexual acts on each other against their will, and extorted 100 pesos from them, and thereafter forced the woman to masturbate him 2 counts of grave coercion for compelling first, the two lovers, and second, the woman to perform sexual acts on him (petitioner), both against their and her will ART. 293 ROBBERY De Guzman v. People, 17 Oct 2008 Elements: 1. Personal property (bienes muebles) 2. Unlawful taking (asportacion), BUT NOT NECESSARY that it be ACTUALLY CARRIED AWAY 3. Intent to gain (animus lucrandi) 4. By means of violence against or intimidation of persons (VIP) OR use of force upon things (FUT) TAKING People v. Tan, 320 S 30 Taking felonious taking is the act of depriving another of his personal property with animus non-revertendi Gravamen of the offense taking with intent to gain

People v. Bustinera, 8 June 2004 Taking NEED NOT BE PERMANENT, may be temporary NOTE decision in Laurel v. Judge Abrogar, 13 Jan 2009, which recognized theft of services is it now possible to commit robbery of services?

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 To TAKE INCLUDES ANY ACT INTENDED TO TRANSFER POSSESSION People v. Bukalan, 410 S 470 Taking is COMPLETE and robbery is consummated even if possession was only for a brief period of time Valenzuela v. People NO FRUSTRATED ROBBERY/THEFT MERALCO v. Peng, 492 S __*** INTENT TO GAIN The intent to gain is enough, ACTUAL GAIN IS IRRELEVANT IN ROBBERY OR THEFT also, NOT LIMITED TO PECUNIARY BENEFIT, other benefits may also be considered There is a PRESUMPTION OF INTENT TO GAIN in the taking of property Gaviola v. People In all cases where one takes property UNDER CLAIM, IN GOOD FAITH, OF TITLE NO ROBBERY or THEFT, BUT liable for COERCION, EVEN IF IT EVENTUALLY APPEARS THAT PROPERTY WAS NOT ACTUALLY OWNED BY HIM good faith is important People v. Reyes The owner of a property who STEALS HIS OWN PROPERTY WHEN UNDER THE CUSTODY OR IN THE POSSESSION OF A BAILEE liable for either robbery or theft as the case may be PERSONAL PROPERTY Any property no defined as real property by the Civil Code, AND capable of APPROPRIATION

Page 46 of 60 CG Meneses US v. Albao Theft of DANGEROUS DRUGS FUT

possible, or robbery, if with VIP or

What if AFTER the taking, VIP committed? THEFT, NOT ROBBERY, except when it comes within the special complex crimes or robbery with homicide or rape as the case may be What is intimidation? Sazon v. Sandiganbayan, 10 Feb 2009 Intimidation is unlawful coercion, extortion, duress, or putting in fear. In robbery with VIP, the intimidation consists in causing or creating fear in the mind of a person or bringing in a sense of mental distress in view of a risk or evil that may be impending, real or imagined What about SNATCHING? Liability depends if NO INJURY committed If with VIP THEFT ROBBERY

Mabunga v. People, 421 S 510 One in possession of RECENTLY stolen property is PRESUMED THE PRINCIPAL OR THE ACTOR presumption is rebuttable, BUT possession may be actual or constructive ART. 294 ROBBERY WITH VIP ROBBERY WITH HOMICIDE Homicide generic, includes parricide, infanticide, and murder Homicide MUST BE CONSUMMATED People v. De Jesus, 224 S __ There is no crime as robbery with homicide through reckless imprudence still, robbery with homicide What if the homicide is attempted or frustrated?

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Either separate crimes, or Art. 48 applies There is no robbery with murder generic aggravating qualifying circumstances become

Page 47 of 60 CG Meneses What if victim was killed first, and his property was taken? HOMICIDE AND THEFT, theft merely an afterthought NOTE that INTENT to rob IS NOT THE ONLY GAUGE OF LIABILITY(?) People v. Tidong, 225 S 324 Intent TO GAIN is enough, even if there is no intent to rob What about multiple deaths? INCLUDED, no crime of robbery with MULTIPLE homicide People v. Caroso People v. Quejada, 425 S __ ROBBERY WITH RAPE Rape ACCOMPANIED the robbery Thus, original intent is to ROB Rape MUST BE CONSUMMATED What if robbery is a mere afterthought after rape and killing? RAPE WITH HOMICIDE AND THEFT What about multiple rapes? INCLUDED, and irrespective of number of times People v. Suyu SEXUAL ASSAULT IS ABSORBED by robbery with rape no such crime as robbery with sexual assault there is

On the Occasion Means CONTEMPORANEOUSLY with the robbery By Reason Not necessarily contemporaneously, but WITH LEGAL, LOGICAL CONNECTION between the robbery and the homicide Intimate Relation/Logical Connection 1. To facilitate commission of robbery 2. To facilitate escape 3. To preserve possession of loot 4. To eliminate witnesses What if the victim is caught in the crossfire between police and robbers, is this robbery with homicide? YES What if the person killed is a bystander, is this robbery with homicide? YES IT DOES NOT MATTER WHO THE VICTIM OF THE ROBBERY OR HOMICIDE IS, HE NEED NOT EVEN BE INVOLVED IN THE ROBBERY, ONLY A RATIONAL CONNECTION BETWEEN THE ROBBERY AND THE DEATH IS NEEDED thus, even when it is one of the robbers who died, this is still robbery with homicide However homicide is committed can either be negligent/accidental or intentional, AS LONG AS THE ORIGINAL INTENT IS TO ROB People v. Gardon, 104 P 171 Even if it was the policeman who shot and killed the bystander ROBBERY WITH HOMICIDE

People v. Angeles, 224 S 251 Rape is not to be complexed IF IT DID NOT ACCOMPANY THE ROBBERY, meaning, the RAPE IS NOT DONE AT THE SITUS OF THE ROBBERY

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 What about robbery with mutilation, or arson? FOLLOW RULE AS IN RAPE MUST BE CONTEMPORANEOUS, not merely by reason of the robbery, since Art. 294, par. 1 uses the word accompanied RELATE to Art. 262 ART. 296 DEFINITION OF BAND Did RA No. 8294 AMEND Art. 296? YES NOTE that use of unlicensed firearm is a special aggravating circumstance RELATE to PD No. 532 there must be evidence of indiscriminate activity ART. 297 HOMICIDE COMMITTED ON OCCASION OF ATTEMPTED/FRUSTRATED ROBBERY NOTE that there is no FRUSTRATED robbery or theft

Page 48 of 60 CG Meneses 7 Oct 2009 ART. 306 BRIGANDAGE RELATE Arts. 306 and 307 to PD No. 532 Highway robbery may be committed by only one person, provided that there is evidence that on prior occasions the accused have been engaged in similar robberies attempts or prior consummation If the offender commits a particular robbery with a particular victim ROBBERY only, not robbery on a highway This is an exception to Rule on Evidence of similar acts ART. 308 THEFT Gaviola v. People, 480 S 436 Elements: 1. Personal property is taken 2. Property belongs to another 3. Intent to gain 4. Taking done without consent 5. Without VIP, FUT May one be liable for theft even if there is VIP? YES, if the VIP is perpetrated AFTER the taking of property

ART. 299 ROBBERY WITH FUT Napolis v. People People v. Araraw, 110 S 410 ART. 302 ROBBERY IN UNINHABITED PLACE The SC has ruled that uninhabited place in Art. 302 actually means uninhabited HOUSE (in contrast to Art. 299) People v. Cruz, 429 P 511 Offender killed the victim, and as an afterthought, stole personal property of victim TWO CRIMES murder or homicide, AND theft, since there is no violence or intimidation in connection with the taking If taking merely an afterthought THEFT

People v. Moreno, 425 P 526 The accused raped victim, while victim unconscious, accused took necklace and watch of victim TWO CRIMES rape AND theft,

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 even if there is violence in connection with rape, but taking was without VIP NO frustrated theft Presumption one found in possession of recently stolen property presumed the author of the taking If accused found in possession of part of stolen property presumption for entire property? YES People v. Lopez, 25 P 529 Refers to either actual or constructive possession People v. Sellano(?) Gain not necessarily pecuniary gain US v. Vera, 43 P 1000 If a person receives property for a particular purpose or intention, but does not apply property for specific purpose CRIME THEFT, NOT ESTAFA Borse(?) v. CA, 387 P 15 Material Possession possession in robbery and theft by offender; possession which the offender cannot set up against the owner of the property; DE FACTO POSSESSION Juridical Possession possession which gives to the transferee a right over the property which the transferee may set up against the transferor; DE JURE POSSESSION Galang v. People, 444 S 98 Possession of a teller of a bank, mere material possession; bank acquires juridical possession

Page 49 of 60 CG Meneses Laurel v. Judge Abrogar, 13 Jan 2009 What is personal property that may be the object of theft? Any property, tangible or intangible, corporeal or incorporeal, capable of appropriation Is business capable of appropriation? YES, under Sec. 2 of the Bulk Sales Law Is there such a thing as theft of services? YES, the petitioners use of Laurels communications facilities without PLDTs permission is theft a voice call is transmitted as electricity, and electricity, from the Civil Code, is personal property, and thus, international or domestic telephone service may be the subject of theft What are covered as personal properties? 1. Intangibles 2. Electrical energy 3. Gas 4. Commercial documents 5. Checks 6. Promissory notes 7. Invoices 8. Evidence in credit, even if credit is valueless THUS, appropriation of forces of nature under the control of man by means of tampering, may now be penalized as theft San Jose v. Kamurungan, 488 S 102 People v. De Leon, 49 P 437 If theft of several property is committed in one occasion, even if owned by different people, ONE THEFT single criminal intent Lauro Santos v. People, 29 Jan 1990 When no repairs made on a car delivered by owner, and shop owner sold the same to another person THEFT

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 PAR. 2(1) THEFT OF LOST PROPERTY Elements: 1. Offender finds lost property 2. No delivery to proper authority 3. Intent to gain People v. Rodrigo, 16 S 475 Local Authority municipal mayor US v. Serna, 21 P __ Law does not fix a timeline, depends on the circumstances People v. Avila, 44 P 720 Lost generic term, may include loss by someone stealing it, or any act by any person other than owner, or owner losing the property People v. Rodrigo NO theft of lost property by CULPA law requires intent; crime is malum in se intent to gain is presumed from deliberate refusal of finder to deliver What if property is given to policeman (not to mayor)? LIABLE FOR THEFT ART. 310 QUALIFIED THEFT ABUSE OF CONFIDENCE People v. Song, 63 P 369 There must be, between the offender and the offended, a relation of dependence, guardianship, or vigilance of the property Grave abuse must originate from special relation of intimacy and confidence between offender and offended party

Page 50 of 60 CG Meneses People v. Sison, 322 S 345 Accused, branch manager of a bank, took money from vault of bank QUALIFIED THEFT People v. Lucson, 57 P 325 How about bank teller? QUALIFIED THEFT, not merely theft People v. Bago, 330 S 115 Person in-charge of materials and head of the department QUALIFIED THEFT Rebucan v. People, 507 S 332 Cashier of a company or a bank QUALIFIED THEFT

People v. Mercado, 397 S 746 Manager of a jewelry store QUALIFIED THEFT People v. Seranilla, 244 P 295 Trusted employee connives with a non-employee? ONLY EMPLOYEE LIABLE FOR QUALIFIED THEFT, person who connives, with no relation to company, SIMPLE THEFT (even if there is conspiracy) MAIL MATTER Avecilla v. People, 11 June 1992 Mail matter subject of qualified theft RA No. 7354 all matters authorized by the government to be delivered through the postal service; includes letters, parcels, printed materials, money orders Does not matter if registered mail matter or not Marcelo v. Sandiganbayan, 302 S 102 Whether employee or not qualified theft; private individual who steals mail matter CARNAPPING Art. 310 amended by RA No. 6539

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Theft of motor vehicle, now CARNAPPING 1. Intent to gain 2. Taking of motor vehicle 3. Belonging to another 4. Without consent of owner 5. By VIP or FUT, or EVEN WITHOUT VIP/FUT People v. Tan, 323 S 30*** Robbery and Theft, different from carnapping anti-carnapping law deals EXCLUSIVELY with theft or robbery of motor vehicle so that without the law, this is either theft or robbery Intent to gain is enough actual gain not necessary

Page 51 of 60 CG Meneses 2. Vehicles which run only on trains or tracks 3. Tractors, trailers, and traction engines of all kinds USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES A TRAILER, when propelled or intended to be propelled BY ATTACHMENT TO A MOTOR VEHICLE, shall be classified as a separate motor vehicle People v. Bustinera, 431 S 284*** Although driver had lawful possession, act of not returning car contrary to agreement to return at the time fixed, transformed character of possession into an unlawful one presumption is taking with intent to gain (note that car was later found in an abandoned lot) Mere use of the car constitutes GAIN in contemplation of the law

SPECIAL COMPLEX CRIME OF CARNAPPING WITH HOMICIDE, MURDER, OR RAPE People v. Mejia, 275 S 127 If the driver or occupant of motor vehicle is killed or raped, single indivisible offense, special complex crime For the special complex crime to be committed, constituent offenses MUST BE CONSUMMATED Supposing, in the course of the carnapping, person is injured, not killed, or there was attempt to rape, not raped? included in commission with VIP penalty is for carnapping with VIP What if two persons died/raped? Other homicide/murder/rape ABSORBED, BUT ONLY TO OWNER, DRIVER, OR OCCUPANT of motor vehicle Other than these persons, SEPARATE CRIME MOTOR VEHICLE Any vehicle propelled by any power OTHER THAN MUSCULAR POWER using the public highways, EXCEPT: 1. Road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork lifts, amphibian trucks, and cranes IF NOT USED ON PUBLIC HIGHWAYS

People v. Calabroso, 340 S 332*** For crime of carnapping with homicide to be committed, THE ORIGINAL INTENTION OF THE OFFENDER MUST BE TO CARNAP THE CAR, and on the occasion or by reason of the carnapping, a person is killed The killing or raping may take place BEFORE or AFTER carnapping, AS LONG AS THERE IS INTIMATE CONNECTION with the carnapping People v. Garcia, 400 S 229*** Even if at the inception of the incident, offenders are in lawful possession of the car by receiving it from the owner of the establishment, but later on killed the driver and took the car CARNAPPING with homicide/murder It is not required that the car be taken from the owner, it may also be taken from an employee in-charge of the car Izon v. People, 117 S __ Motorized tricycle is a motorized vehicle

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Is abandonment of car an exempting circumstance? NO, the fact is that he still took and used the car Supposing the offender carnapped a vehicle which he knew was stolen? NOT AN ACCESSORY, since under anti-carnapping law, no penalty for accessory, BUT criminally liable for anti-fencing law Presumption that one in possession, the principal carnapping applies to

Page 52 of 60 CG Meneses Castrodes v. Ponelo, 83 S 670 If accused usurps real rights of another, and commits violence by killing another TWO CRIMES usurpation, and homicide NO crime of usurpation with homicide ART. 315 ESTAFA MISAPPROPRIATION/CONVERSION Salazar v. People, 437 S 41 Elements: 1. Money, goods, or other personalty received by offender in trust or on commission or for administration, with duty to return the SAME (not a substitute) 2. Misappropriation or conversion OR denial of having received property 3. To the prejudice of another 4. There is demand by the other party US v. Pascual, 10 P __ Goods or property anything which, owing to its value, may be an article of trade; includes documents, deeds of sale, PNs, checks, receipts Murao v. People, 462 S 366 Phrase with obligation to return the same thing contracts of bailment, i.e., lease, personal property, lease, commodatum, deposit Goods or merchandise deposited or kept for the depositor until such time as demanded by the depositor ESTAFA transfer of juridical possession to offender by offended THEFT material possession THERE IS FIDUCIARY RELATIONSHIP transfer originates from consent of the offended party, express or implied, as in the sense used in Civil Law essential element of estafa under this provision

People v. Tunday What if car contains cargo, and cargo also stolen? TWO CRIMES carnapping AND theft do not apply Art. 48, since Art. 48 applies to felonies People v. Prado, 254 S 531 CATTLE RUSTLING PD No. 532 People v. Villacanta, 420 P 394 PD No. 533 is an amendment of Arts. 309 and 310 of the RPC People v. Macatanda, 109 S 95 Encanta v. People, 405 P 726 For one to be liable for cattle rustling, TAKING not essential; KILLING CATTLE IS ENOUGH Even if cattle is taken from caretaker QUALIFIED CATTLE RUSTLING People v. Martinada, 519 1991 When on the occasion of cattle rustling, person is killed ART. 312 USURPATION People v. Alfeche, 211 S 770

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Estafa is malum in se Galvez v. CA, 42 S 278 Without fiduciary relationship, NO ESTAFA Manahan v. CA, 255 S 202

Page 53 of 60 CG Meneses

Sesbreno v. CA, 240 S 606 Money market transactions Pari delicto doctrine not applicable in criminal cases

People v. Trinidad, 53 OG 731 Conversion (destraer) use or disposal of property entrusted as if it were ones own Ong v. People, 25 Apr 1989 Misappropriation to own, or take property of another for ones own benefit or advantage; includes any attempt to dispose of the property of another without any legal right Lee v. People, 455 S 256 Salazar v. People, 391 S __ Even temporary disturbance of property rights constitute misappropriation Batulanon v. People, 502 S 35 Misappropriation need not be permanent Tan v. People, 513 S 194 Salazar v. People, 336 S 531 Prejudicial to another need not be the owner of the property entrusted to another; prejudice or damage falls on someone other than the owner/perpetrator of the crime People v. Soriano, 7 S 498 No need for demand not an essential element of crime even if there is no demand AS LONG AS THERE IS DIRECT OR CIRCUMSTANTIAL EVIDENCE OF MISAPPROPRIATION crime is committed GOOD FAITH a defense under this provision if there is justification for failure to return, accused may be acquitted

Tanso v. Drilon, 329 S __ Libuit v. CA, 469 S 310, [compare to Santos v. CA] Petitioner sold cylinder and engine charged with estafa CORRECT, since car was held in trust by petitioner, because it was delivered for repairs, and there is obligation to return the same thing US v. Lim, 36 P 692 If fraud and deceit concurs with abuse of confidence abuse of confidence estafa with

Ilagan v. CA, 239 S 575 As many crimes of estafa as number of persons from whom collection is made on different dates If without authority to collect in the first place without juridical possession so according to Justice Callejo: THEFT, not estafa Vallarta v. CA, 150 S 337*** If the accused and complainant entered into sale or return of jewelry transaction ownership is transferred to the offender-vendee with a right to return Gonzales v. Fiscal Guingona v. Fiscal Quinto v. People, 305 S 708 NOVATION may extinguish criminal liability / prevent party from filing the case If novation happens during pendency of case, NO EXTINGUISHMENT of criminal liability

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 8 Oct 2009 TRUST RECEIPTS LAW PD No. 115 Trust Receipt Transaction Obligations of Trustee (Sec. 9) 1. Deliver to entrustor the goods acquired by the entrustee 2. Remit the proceeds of the sale of such goods 3. Failure of the entrustee, constitutes a crime under PD No. 115 Not simply a loan transaction between debtor and creditor transaction has a security feature embedded Metrobank v. Tonda, 392 S 797 Acts in PD No. 115 constitute estafa People v. Nitafan, 207 S 726 Metrobank v. Tonda, 338 S 254 Crime is malum prohibitum intent to defraud or criminal intent not required Metrobank v. Go, 23 Nov 2007 Goods which were imported were in fact in the warehouse, and the proceeds not misappropriated by the company, and there was no intent to defraud the offended party Ong v. CA, 449 P 691 Under PD No. 115, OFFICERS, NOT THE CORPORATION, ARE LIABLE since these officers are those that acted for the corporation Gonzales v. HSBC, 19 October 2007 Law on Agency DOES NOT APPLY TO CRIMINAL CASES When a person participates in a crime, he cannot plead having acted only as an agent

Page 54 of 60 CG Meneses TAKING UNDUE ADVANTAGE OF SIGNATURE Prejudice same prejudice as in par. 1(b) Crime is committed with abuse of confidence Ang v. Lucero, 449 S 157 FICTITIOUS NAME/FALSE PRETENSE RCL Feeders Ltd. v. Perez, 445 S 696 Elements: 1. False pretense, fraudulent act or means committed prior to or simultaneous with commission of fraud to cause damage to injured party 2. Offended party relied on the false pretense, fraudulent act or means Preferred HomeSpecialties, Inc. v. CA, 16 December 2005 *** False pretense any trick or device whereby the property of another is obtained Fraudulent act/representations those acts proceeding from or characterized by fraud, the purpose of which is to deceive Fraudulent means representations of one inducing another to act to its own injury Representation anything which proceeds from the action or conduct of the party charged and which is sufficient to create upon the mind a distinct impression of fact conducive to action People v. Menil, 340 S 125 *** Ponzi scheme the fact that early investors were paid the returns on their investments induced more people to participate in the illegal scheme with the hope of realizing the same extravagant rate of return Ruling: DECEIT IS A SPECIES OF FRAUD Fraud anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue advantage is taken of another; it is a generic term embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to secure an advantage

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 over another by false suggestions or by suppression of truth and includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated Deceit the false representation of a matter of fact, whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury Sim v. CA, 428 S 459 Fraud in its general sense People v. Olermo Ilagan v. People If the fraudulent means or deceit occurred AFTER offender has taken possession of the money of the offended, NO ESTAFA Vasquez v. People, 22 January 2008 Ancheta v. People Pablo v. People, 442 S 146 Serrano v. CA, 404 S 639 Illegal Recruitment in Labor Code MAY CONCUR with violation of this prohibition POSTDATING CHECK People v. Gullion, 452 S __ Elements: 1. Postdating a check in payment of an obligation 2. Obligation contracted at the time check was issued 3. Lack or insufficiency of funds 4. Knowledge of lack or insufficiency 5. Damage Vallarta v. CA, 150 S 336 The drawer commits fraud and deceit if he issues a check against a closed account deceit

Page 55 of 60 CG Meneses Lopez v. People, 555 S 523*** It is criminal fraud or deceit in the issuance of a check which is made punishable under the Revised Penal Code, and not the nonpayment of a debt Deceit the false representation of a matter of fact whether by words or conduct by false or misleading allegations or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury Fraudulent concealment implies a purpose or design to hide facts which the other party ought to have The postdating or issuing of a check in payment of an obligation when the offender had no funds in the bank or his funds deposited therein are not sufficient to cover the amount of the check is a false pretense or a fraudulent act People v. Ojeda, 430 S 436 For the drawer of the check to be liable, prosecution must prove that the deceit or fraudulent means existed AT THE TIME OF THE ISSUANCE OF THE CHECK People v. Panganiban, 390 P 673 Prosecution must prove that offender obtained goods or money BY REASON OF THE CHECK, whether the check postdated or not People v. Cuyugan, 390 S 140 Offended party WOULD NOT HAVE PARTED WITH HIS MONEY WERE IT NOT FOR THE ISSUANCE OF THE CHECK Nagrampa v. People, 445 P 440 Check should have been issued AS AN INDUCEMENT, NOT IN PAYMENT OF A PRE-EXISTING OBLIGATION Check issued in payment of a pre-existing obligation DOES NOT CONSTITUTE ESTAFA even if at the time the check was issued, no funds in account against which check was drawn in the issuance of a check in payment of a pre-existing obligation, THE OFFENDER DOES NOT DERIVE ANY BENEFIT OR CONSIDERATION AT THE

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 TIME OF THE ISSUANCE OF THE CHECK, so no deceit or fraud thus, issuance of check was not a means to obtain valuable consideration People v. Sabio, Sr., 176 P 212 Deceit or fraud MUST BE THE EFFICIENT CAUSE How about the date of the obligation? People v. Dinglasan, 437 P __ The date of the obligation entered into being the very date of the check was issued or postdated is a material ingredient of the crime How about if the check is not negotiable? Gutierrez v. Palattao, 292 S 26 Negotiability of check IS NOT THE GRAVAMEN, but the fraud or deceit employed by the offender is knowingly issuing a worthless check If at the time of the issuance of the check, no funds, but at the time amount was due, there are funds, NO ESTAFA People v. Tongko, 290 S 595 Postdating of a check means that at the date of the check, it would be properly and sufficiently funded People v. Pacheco, 319 S 595 People v. Reyes, 454 S 635 People v. Holzer, 391 P 396 If at the time of the issuance of the check, offended party knew that check had no funds NEGATES ELEMENT OF DECEIT which constitutes a defense in the charge of estafa People v. Mario Tan, 382 P 877 If check issued in payment of a NON-EXISTING OBLIGATION, NO ESTAFA even if no funds NO DAMAGE

Page 56 of 60 CG Meneses People v. Cuyugan People v. Pacheco If check issued, without funds, is a guarantee in payment of obligation of another person DRAWER OF CHECK NOT LIABLE FOR ESTAFA because it is only an evidence of the loan People v. Gullion Recuerdo v. People, 493 S 547 Criminal intent and intent to defraud ARE ESSENTIAL ELEMENTS OF THE CRIME GOOD FAITH IS A DEFENSE If accused drew a check in payment of his capital in a business and check was dishonored, is this estafa? Chang v. IAC, 29 Dec 1986 The issuance is in payment of a pre-existing obligation, therefore, NO ESTAFA Tugbang v. CA, 29 June 1996 If check issued in exchange for cash from payee, with assurance from accused that check will be sufficiently funded, but check dishonored ESTAFA, this is not in payment of a pre-existing obligation, as check was issued for the purpose of the exchange Lopez v. People, 555 S 525 Prosecution must prove that offender HAD KNOWLEDGE of the lack or insufficiency of funds by direct or circumstantial evidence, OR BY ADMISSION OF DRAWER How else is knowledge proved? Presentation of notice of dishonor of check FROM DRAWEE BANK Prosecution must also prove RECEIPT OF NOTICE OF DISHONOR People v. Ojeda, 234 S 436 Failure of the drawer to make the deposit in the time provided by law 3 DAYS TO PAY THE AMOUNT OF THE CHECK

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 What if last day falls on holiday? Jose v. CA, 177 S 594 If the last day falls on a holiday or a non-banking day, drawer has until next working day to effect payment or deposit amount of check If accused does not pay or deposit amount in 3 days, PRESUMPTION OF KNOWLEDGE that account lacks funds or is closed, or funds insufficient Bautista v. CA, 413 P 159 Since knowledge of lack or insufficiency of funds is hard to prove, law creates the presumption of knowledge Marigomen v. People, 459 S 169 It must be emphasized that since an officer of a corporation is the one who draws and issues a check on behalf of the corporation, the notice of dishonor must be served on the officer issuing the check, not on the corporation Sec. 114(d) of the NIL provides that there is no need to give notice of dishonor. Is this controlling? NO People v. Ojeda*** Lopez v. People*** RPC there must be notice of dishonor (Justice Callejo: DO NOT APPLY NIL IF ISSUE IS ESTAFA) RELATE to BP Blg. 22 Navarro v. CA, 229 S __ The prima facie presumption had knowledge, is rebutted by payment regardless of evidence of prosecution Drawer of check must be served a copy of dishonor, otherwise, no criminal prosecution for estafa or BP 22 Timeline 5 days; also with prima facie presumption of knowledge Verbal notice of dishonor allowed? NO [In Lopez verbal notice allowed]

Page 57 of 60 CG Meneses Dumagsang v. CA, 5 Dec. 2000 Notice of dishonor MUST BE IN WRITING May person other than drawer be liable for estafa on account of the dishonored check? Andan v. People, 484 S 611 Person other than drawer of a check IS LIABLE FOR ESTAFA IF HE CONSPIRES WITH THE DRAWER OF THE CHECK TO DECEIVE OR DEFRAUD the offended party Sagado v. CA, 170 S 146 People v. Sagado ONE MAY BE LIABLE FOR BOTH ESTAFA AND BP 22 People v. Nitafan, 215 S __ In BP 22, mere issuance of the check a violation, EVEN IF PAYMENT OF PRE-EXISTING OBLIGATION FRAUDULENT MEANS Inducing another to sign a document RELATE to Art. 298 violence or intimidation This provision deceit Under BOTH the victim who signs and delivers the document assumes a legal obligation so that offender gains The document MUST BE A COMPLETE DOCUMENT Evangelista v. People, 277 S __*** Where the victim was deceived by the petitioner to part with his money in exchange for winning a game ESTAFA This crime is COMMITTED WHEN A DEBTOR DESTROYS A PN TO PREVENT CREDITOR FROM COLLECTING

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 ART. 316 OTHER FORMS OF SWINDLING Mallari v. People, 13 Dec 1988 Requirements of 2nd paragraph Naya v. People, 398 S 364 1. Thing disposed of is real property 2. Offender knew real property encumbered 3. Recorded or not 4. Express (not implied) representation that real property FREE from encumbrance 5. Act of offender to the prejudice of owner (?) Gravamen of offense DISPOSITION OF LEGALLY ENCUMBERED PROPERTY UNDER EXPRESS REPRESENTATION THAT THERE IS NO ENCUMBRANCE If no representation NOT LIABLE UNDER THIS PROVISION

Page 58 of 60 CG Meneses People v. Regalado, 1 P 125 Relate to Art. 2125 of the Civil Code, which requires recording ART. 318 OTHER DECEITS Ginhawa v. People, 468 S 278*** RULE essential that such false pretense is the only cause or reason why complainant parted with his money RELATE to Art. 315, par. 2 (a) Petitioner contended that there is no deceit by concealment, and that in the law on sales, principle of caveat emptor Deceit by words, conduct, by misleading allegations, or by concealment; when concealment is intended to deceive Suppression of a material fact is DECEIT ART. 319 CHATTEL MORTGAGE For the law to apply, chattel mortgage MUST BE VALID and DULY REGISTERED If mortgage void, and not registered, mortgagor NOT LIABLE under this provision Does not apply to cars or taxicabs, unless car or motor vehicle is brought to another place permanently There must be intent to deceive or defraud mortgagee or offended party GOOD FAITH A DEFENSE People v. Kilayko, 32 P 619 False declaration in deed that there is no encumbrance ESTAFA

What if encumbrance not recorded? People v. Supnad MAY STILL BE LIABLE, since the offender is already aware of the encumbrance even if not recorded How about a vendee of a property who knew of the encumbrance? Antazo v. People, 28 August 1985 Vendee may be liable if he connived with the vendor to deprive mortgagor Even if encumbrance is recorded, gravamen of the crime is the representation of the offender PRINCIPLE OF CONSTRUCTIVE NOTICE NOT APPLICABLE UNDER THIS PROVISION

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Pledge not correct translation must be MORTGAGE ART. 320 ARSON People v. Malngan, 503 S 294*** SIMPLE ARSON/DESTRUCTIVE ARSON People v. Soriano, 407 S 367 Arson is the malicious burning of property Whether under PD 1613 or under RPC THERE IS ONLY ONE CRIME OF ARSON IRRESPECTIVE OF THE NUMBER OF HOUSES OR BUILDINGS BURNED ON ONE OCCASION Is one liable for arson for burning his own property? LAW DOES NOT PENALIZE, BUT MAY BE LIABLE WHEN IT EXPOSES LIFE, OR OTHER PROPERTY, TO DANGER Liable also if he burns his house WHEN OCCUPIED BY A LESSEE Is there frustrated arson? People v. Hernandez, 54 P 102 Partially burned house, even if fire later on extinguished ARSON CONSUMMATED Liability IS NOT DETERMINED BY EXTENT OF BURNING People v. Valdez, 39 P 340 6-A CJS Arson is consummated however slight the burning may be But BURNING OF PERSONAL PROPERTY INSIDE A HOUSE, NOT ARSON Is there arson by culpa? YES People v. Bueno, 103 P 183 ART. 349 BIGAMY

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Manuel v. People, 470 S 461 Elements: 1. He has been legally married 2. He contracts a subsequent marriage without the former marriage having been lawfully dissolved The felony is consummated on the celebration of the second marriage or subsequent marriage the judicial declaration of nullity of a previous marriage is a defense In a case where a spouse is absent for the requisite period, the present spouse may contract a subsequent marriage only after securing a judgment by instituting summary proceedings declaring the presumptive death of the absent spouse to avoid being charged and convicted of bigamy The judgment is proof of the good faith of the present spouse who contracted a subsequent marriage even if the present spouse is later charged with bigamy if the absentee spouse reappears, he cannot be convicted of the crime Carino v. Carino, 351 S 127 Mercado v. Tan, 391 P 809 Petitioner contracted a second marriage although there was yet no judicial declaration of nullity of his first marriage, and instituted the petition for nullity only after complainant had filed a letter-complaint charging him with bigamy by contracting a second marriage while the first was still subsisting, he committed the acts punishable under Art. 349 THAT HE SUBSEQUENTLY OBTAINED A JUDICIAL DECLARATION OF THE NULLITY OF THE FIRST MARRIAGE WAS IMMATERIAL Nicdao v. Carino, 403 P 861 Abunado v. People, 326 S 562 Morigo v. People, 422 S 376

CRIMINAL LAW REVIEW LECTURE NOTES Justice Callejo | 4A | I-2009 Tenebro v. CA, 423 S 272*** Although the judicial declaration of the nullity of a marriage on the ground of psychological incapacity retroacts to the date of the celebration of the marriage insofar as the vinculum between the spouses is concerned, A DECLARATION OF THE NULLITY OF THE SECOND MARRIAGE ON THE GROUND OF PSYCHOLOGICAL INCAPACITY IS OF ABSOLUTELY NO MOMENT INSOFAR AS THE STATES PENAL LAWS ARE CONCERNED as soon as the second marriage was celebrated, during the subsistence of the valid first marriage, the crime of bigamy had already been consummated There is no cogent reason for distinguishing between a subsequent marriage that is null and void purely because it is a second or subsequent marriage, and a subsequent marriage that is null and void on the ground of psychological incapacity, at least insofar as criminal liability for bigamy is concerned

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