Compilation of Criminal Jurisdiction
Compilation of Criminal Jurisdiction
Compilation of Criminal Jurisdiction
Persons
exempt
from
the
operations of our criminal laws by virtue
of the principles of public international
law:
1) Sovereigns and other chiefs of
state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Ministers resident; and
5) Charges d affaires.
General Application
It has General application because Criminal
Law is binding on all persons who reside or sojourn in
Philippine territory.
Art. 2 of the Revised Penal Code states that
the provisions of this Code shall be enforced within the
Philippine Archipelago, including its atmosphere, interior
waters and maritime zone, without reference to the
person or persons who might violate any of its provisions.
Art. 14 of the Civil Code provides that penal
laws shall be obligatory upon all who live or sojourn in
Philippine territory.
Nota Bene:
A consul is not entitled to the
privileges and immunities of an
ambassador or minister.
B. Territorial Application
Law
(1)
(2)
3)
4)
5)
Nota Bene:
6)
has
no
application
in
the
Nota Bene:
Example:
The following have no freedom: (a) a person
who acts under the compulsion of an irresistible force, or
(b) a person who acts under the impulses of an
uncontrollable fear of an equal of greater injury. Thus,
they are exempt from criminal liability under Art. 12,
paragraphs 5 and 6 respectively of the Revised Penal
Code.
NECESSITY OF INTELLIGENCE
Intelligence is a necessary factor in determining
the morality of a particular act. Thus without this power,
no crime can exist.
Example:
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(1)
(2)
Notes:
Under paragraph 1 of Art. 4, a person
committing a felony is criminally liable although the
wrongful act done be different from that which he
intended.
NECCESSITY OF INTENT
Intent to commit he act with malice, being
purely a mental process, is presumed and the
presumption arises from the proof of the commission of
an unlawful act.
Nota Bene:
Requisites:
Requisites of Culpa
IMPOSSIBLE CRIME
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Case:
A fired his revolver at B from a distance of one
kilometer. Is A criminally liable?
Ans.:
No. It is believed that A shows stupidity rather
than dangerousness. According to the positivist theory, A
should not be punished, because there is neither social
danger nor any degree of criminality shown by him.
Even subjectively, a man with little common sense will
know that he cannot hit a person by firing a revolver one
kilometer away.
Case:
Ans:
Nota Bene:
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Nota Bene:
Discretion prudence discernment verdict
When the crime is punishable by a special law,
the attempted and frustrated stages of the acts of
execution are not punishable, unless the special law
provides a penalty therefor.
SUBJECTIVE PHASE
It is that portion of the execution of the crime,
starting from the point where the offender begins to that
point where he has still control over his acts, including
their natural course.
OBJECTIVE PHASE
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a)
b)
possession
of
picklocks
which
is
preparatory to the commission of robbery
with force upon things;
possession of unlicensed firearm.
Nota Bene:
Nota Bene:
Nota Bene:
Requisites of Conspiracy
1. That two pr more persons came to an agreement;
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Is conspiracy punishable?
Conspiracy is punishable only in the cases in
which the law specially provides a penalty therefor (Art.
st
8, 1 paragraph, RPC).
Justifying Circumstances
Exempting Circumstances
Technically, one who acts by virtue of any of the
exempting circumstances commits a crime, although by
the complete absence of any of the conditions which
constitute free will or voluntariness of the act, no
criminal liability arises. Hence, there is wanting in the
agent of the crime any of the conditions which make the
act voluntary, or negligent. There is however, civil
liability.
Mitigating Circumstances
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Aggravating Circumstances
Alternative Circumstances
Unprovoked
Who are exempt from criminal liability?
Unlawful aggression.
Reasonable necessity of the means
employed to prevent or repel it.
Lack of sufficient provocation on the
part of the person defending himself.
(2)
(3)
(4)
Nota Bene:
What is the penalty
imposable
when
all
the
conditions required are not
present?
required
liability
number
present,
upon the
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(a)
(b)
exempting
requisites
to exempt
respective
(4)
(5)
(6)
(7)
(8)
circumstances
are
the
(3)
aggravating
(2)
(10)
The
following:
Those
justifying
and
circumstances when all the
necessary to justify the act or
from criminal liability in the
cases are not attendant.
(1)
(9)
That
the
offender
had
voluntarily
surrendered himself to a person in
authority or his agents, or that he had
voluntarily confessed his guilt before the
court prior to the presentation of the
evidence for the prosecution.
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in
or
When
is
the
alternative
relationship be considered?
or
disguise
of
circumstance
circumstance
of
be
Nota Bene:
For an accused to be entitled to the
mitigating
circumstance
of
intoxication, it must be shown that:
(1)
(2)
(17) That
means
be
employed
or
circumstances brought about which add
ignominy to the natural effects of the act.
Habitual Drunkard
One given to intoxication by excessive use of
intoxicating drinks. The habit should be actual and
confirmed. It is unnecessary that it be a matter of daily
occurrence.
DEGREE
OF
EDUCATION
INSTRUCTION
AND
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when
the
offender
was
welcomed in the home of the
offended party and the offender
committed the crime against the
latter, there was ABUSE OF
CONFIDENCE; and
(2)
when the offender forced his
way into the dwelling of the
offended party to commit the crime
therein, there was VIOLATION OF
THE SANCTITY OF THE HOME.
NIGHT TIME
That period of darkness
beginning at end of dusk and
ending at dawn. The Civil Code
defines it as from sunset to sunrise.
(Art. 13, Civil Code of the
Philippines).
1)
when
it
facilitated
the
commission of the crime;
when it is especially sought for
by the offender to insure the
commission of the crime; or
when
the
offender
took
advantage thereof for the purpose
of impunity.
Night time is not aggravating,
even
if
the
crime
was
committed during night time in
the following instances:
1)
2)
3)
2)
3)
DWELLING
Principals.
Accomplices.
Dwelling is an aggravating
circumstance when the crime is
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Principal by Direct Participation (PDP) Those who take a direct part in the
execution of the act.
Principal by Induction (PI) - Those who
directly force or induce others to commit a
crime.
Principal by Indispensable Cupertino (PIC) Those who cooperate in the commission of
the offense by another act without which
the
crime
would
not
have
been
accomplished.
Cooperates
participation.
(2)
with
the
principal
by
direct
Requisites:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of criminal
purpose and intention immediately before the
commission of the crime charged; and
Nota Bene:
Two or more persons may
take direct part in the execution of
the act, in which case they may be
principals by direct participation,
provided, the following requisites
are present:
(1)
INDISPENSABLE
That
they
participated in the
criminal
resolution.
Absent this requisite,
the offender cannot
be made liable as
principal.
That they carried out
their
plan
and
personally took part
in its execution by
acts, which directly
tended to the same
end.
PRINCIPAL BY INDUCTION
Requisites:
In order that a person may be
convicted as principal by inducement, the
following requisites must be present:
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Nota Bene:
(3)
1. An accomplice is neither
a principal nor an accessory but
who cooperates with the principal
by direct participation by previous
or simultaneous acts.
2. An accomplice concurs
or approves the act of the principal
by direct participation and performs
other acts showing his conformity
to the act of the principal by direct
participation.
3. An accomplice is not a
part of the plan or conspiracy.
4. The act or acts of the
accomplice must be lesser than the
act or acts done by the principal by
direct participation, that is, they
must not be equal to or graver than
the act or acts of the principal by
direct participation.
5. The cooperation of the
accomplice is only necessary, not
indispensable.
2.
(2)
Nota Bene:
The accessory, to be liable, must
have knowledge that the principal
is habitually guilty of some other
crime.
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The penalties under the Revised Penal Code have threefold purposes, namely:
1.
2.
3.
Notes:
following
shall
not
be
considered
as
(a)
(b)
PENALTIES
Can you punish an act which is not defined and
penalized by any statute at the time of its
commission?
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COMPUTATION OF PENALTIES
Rules:
1.
2.
3.
considered
(b)
afflictive,
Requisites:
1.
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2.
3.
The
perpetual
or
temporary
special
disqualification for the exercise of the right of suffrage
shall:
(a) deprive the offender perpetually or during the
term of the sentence, according to the nature of
said penalty, of the right to vote in any popular
election for any public office or to be elected to
such office; and
(b) the offender shall not be permitted to hold any
public office during the period of his
disqualification (Art. 32, RPC).
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(1)
1.
2.
3.
4.
5.
no
subsidiary
imprisonment.
If the penalty imposed is not by confinement,
but of fixed duration the nature of the
subsidiary penalty is the same as that of the
principal penalty under the same rules in
number 1, 2, and 3 above.
In case the financial circumstances of the
convict should improve he shall pay the fine
(Art. 39, RPC as amended by RA 5465, April 21,
1969).
Notes:
In what case is there no subsidiary penalty, even if the
offender cannot pay the pecuniary liabilities by reason
insolvency?
1.
2.
When should this order of payment be availed of?
3.
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Subsidiary
penalty
is
possible only when any of the
following penalties is imposed:
(1) prision correccional;
(2) suspension and fine;
(3) destierro
(4) arresto mayor;
(5) arresto menor; and
(6) fine only.
Note:
APPLICATION OF PENALTIES
Generally, the Penalty Imposed by Law is to be
Imposed Upon Principals
of
Prision
accessory
of
the
penalties
What are
Mayor?
accessory
Prision
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(2)
Delito Compuesto or Compound Crime When a single act constitutes two or more
grave or less grave felonies.
Delito Complejo or Complex Crime Proper When an offense is a necessary means for
committing the other.
Nota Bene:
The penalty to be imposed in case
of complex crime is the penalty imposable
to the gravest offense notwithstanding the
presence of mitigating circumstances. This is
so because the maximum of the maximum
cannot be offset by any mitigating
circumstance.
Examples: Murder
Frustrated Homicide
with
Homicide,
Homicide
with
Examples:
Estafa
through
falsification
of
commercial documents.
Malversation through falsification of a
public document.
Nota Bene:
No complex crime when one of the
offenses was committed for the purpose of
concealing the commission of the other.
Example:
After committing homicide, the
accused in order to conceal the crime, set
fire to the house where it had been
perpetrated.
Setting fire to the house is arson
(Art 321). But in this case, neither homicide
nor arson was necessary to commit the
other. Hence, the offender committed two
separate crimes of Homicide and Arson.
No complex crime where
offense is penalized by a special law.
the
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ARTICLES 50 - 57
upon
PRINCIPALS
of
Nota Bene:
Art. 250. Penalty for frustrated
parricide, murder or homicide. The courts
in view of the facts of the case may impose
upon the person guilty of the frustrated
crime of PARRICIDE, MURDER or HOMICIDE
a penalty lower by one degree than that
which should be imposed under the
provisions of Art. 50.
Question:
May the court impose a
penalty lower by two degrees than hat
prescribed by law for the consummated
felony
upon
the
principal
in
a
frustrated felony?
Answer:
Yes. The court, in view of
the facts of the case, may impose upon the
person guilty of the frustrated crime of
parricide, murder or homicide a penalty
lower by one degree than that which should
be imposed under the provisions of Art. 50
(Art. 250, RPC).
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8. Arresto Menor,
9. Public Censure,
10. Fine.
2.
4.
5.
6.
3.
Aggravating
or
mitigating
circumstances which arise from the moral
attributes of the offender, or from his private
relations with the offended party, or from any
other personal cause, shall only serve to
aggravate or mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant.
4.
5.
of mitigating or
and
of
habitual
Death,
Reclusion Perpetua,
Reclusion Temporal,
Prision Mayor,
Prision Correccional,
Arresto Mayor,
Destierro,
(a)
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(b)
(c)
(5)
(6)
(7)
Notes:
What is a period n relation to a penalty?
A period is one of the three equal portions of a
divisible penalty known as minimum, medium and
maximum.
However, when the penalty prescribed by the Code is
composed of three distinct penalties each forming a
period, a period is one of those three penalties.
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IMPOSITION OF FINES
May the court impose a fine at its own discretion?
Art. 66 provide that in imposing fines the courts
may fix any amount within the limits established by law.
Hence, even though the law authorizes the court to
impose any amount of fine, said amount should be within
the limits provided for by law.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Death,
Reclusion Perpetua,
Reclusion Temporal,
Prision Mayor,
Prision Correccional,
Arresto Mayor,
Arresto Menor,
Destierro,
Perpetual Absolute Disqualification,
Temporary Absolute Disqualification
Suspension for public office, the right to
vote and be voted for, the right to follow a
profession or calling,
12. Public censure.
GRADUATED SCALE
In the case in which the law prescribed a
penalty lower or higher by one or ore degrees than
another given penalty, the rules prescribed in Art. 61
shall be observed in graduating such penalty.
SERVICE OF SENTENCE
1.
2.
3.
4.
5.
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Death,
Reclusion Perpetua,
Reclusion Temporal,
Prision Mayor,
Prision Correccional,
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6.
7.
8.
9.
10.
Arresto Mayor,
Destierro,
Arresto Menor,
Public Censure,
Fine.
SCALE NO. 2
1.
2.
3.
4.
5.
to
the
DIFFERENTIATIONS
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11.
Mala
in
se
distinguished.
and
mala
prohibita,
(14)
Ordinary
mitigating
and
privileged
mitigating circumstances, distinguished.
1)
2)
(1)
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1)
2)
3)
4)
5)
1)
2)
2)
3)
distinguished
from
(1)
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3)
2.
Answer:
Theft, because although he broke open
the gate, he did not enter the house with force
upon things. He entered the yard only.
(1)
(2)
Imprudence
negligence.
rape,
(24)
Forcible
abduction
with
distinguished from kidnapping.
3.
from
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Answer:
The
crime
committed
by
A
consummated robbery with intimidation.
5.
8.
is
9.
7.
CRIMINAL LAW
(REVISED PENAL CODE- BOOK 2)
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TREASON
2.
Elements:
1.
2.
3.
The
offender
owes
allegiance
to
the
Government of the Philippines;
There is a war in which the Philippines is
involved;
The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them
aid or comfort.
Example:
Supposing during the 2nd World War, A had
cooperated with Japanese solders and A was seen by it in
the company of such soldiers burning a certain barrio. A
is again seen by C in the company of the same Japanese
soldiers burning again another barrio. Under these set of
facts, if B and C would testify of what they have
respectively witnessed, may A be convicted of treason?
Answer:
No, it is not only the number of witnesses or the
substance but at least 2 witnesses should testify on the
same overt act, commission of the same treaso0nous act
at the same place and at almost the same time. It is not
enough that there be witnesses. It is necessary that the
2 witnesses have testified to the same overt act. OVERT
ACT we mean acts committed in different places at
times far remote from each other, you will need 2
witnesses to each of those places before a conviction
may be done.
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2.
2.
3.
4.
5.
3.
4.
3.
Elements:
1. Offender must owe allegiance to the
Government of the Philippines;
2. Offender is not a foreigner;
He has knowledge of a conspiracy to
commit treason against the said government;
He conceals or fails to disclose the same to
the authorities of the province or city in which he resides.
2.
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INCITING TO
REPRISALS
Elements:
1.
2.
ESPIONAGE
WAR
OR
GIVING
MOTIVES
o
FOR
VIOLATION OF NEUTRALITY
Elements:
1.
2.
3.
2.
3.
ESPIONAGE
TREASON
- there is no need of war going on;
- there must be war
c)
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3 KINDS OF PIRACY
1. Piracy in the high seas punished in the RPC;
2. Piracy in the Philippine waters punished in
PD 532; and
3. Air piracy punished in RA 6235.
PIRACY
Piracy is committed by any person who, on the
high seas shall attack or seize a vessel or, not being a
member of its complement nor a passenger, shall seize
the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or
passengers.
Piracy is robbery or forcible depredation on the
high seas without lawful authority and done with animo
furandi and in the spirit and intention of universal
hostility.
Piracy is regarded not as a crime of any
particular country but a crime against the whole world so
that whenever the offenders may go to one country they
can be prosecuted there.
REASON: The law they violated is not the law of
a particular country but the law of the family of nations.
MUTINY
MUTINY ON THE HIGH SEAS is the unlawful
resistance to a superior officer or the raising of
commosions and disturbances on board a ship
against the authority of its commander. It may be
committed by members of the crew and passengers
of the vessel.
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Example:
Giving pirates information about the movement of police
or other peace officers of the government;
Acquires or receives property taken by such pirates or in
any manner derives any benefit therefrom;
Directly of indirectly abets the commission of piracy.
MUTINY
- there is usually no intent to gain as the
offenders may only intend to ignore the strips
officers or to commit plunder.
Example:
If in the course of the voyage of an inter-island
vessel, a passenger at the point of a knife divested
another passenger of his valuables, the former will be
liable for piracy in Philippine waters, not for robbery.
Q:
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R.A. 6235
ACT TO PROHIBIT CERTAIN ACTS INIMICAL TO CIVIL
AVIATION
Although RA 6235 is commonly referred to as
the hijacking law, strictly the acts punished if this law are
not purely of hijacking.
When we say hijacking, we generally associate
the idea with that of compelling the plane to land in the
place other than its scheduled destination. This,
however, is not the only meaning of hijacking.
Hijacking generally refers to the taking of goods
in transit through force.
PURPOSE:
PROHIBITED ACTS:
QUALIFIED PIRACY
AIRCRAFT IS IN FLIGHT
Elements:
1. Offender is a private individual
2. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the
following circumstances are present (becomes
serious)
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Elements:
1. Offender is a private person
2. He kidnaps or detains another or in any other
manner deprives him of his liberty / furnished
place for the perpetuation of the crime
3. That the act of detention or kidnapping must be
illegal
4. That the crime is committed without the
attendant of any of the circumstances
enumerated in Art 267
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2.
What is Ransom?
It is the money, price or consideration paid or
demanded for redemption of a captured person or
persons, a payment that releases a person from
captivity.
UNLAWFUL ARREST
Elements:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to
the proper authorities
3. That the arrest or detention is not authorized by law
or there is no reasonable ground therefor
3.
4.
Notes:
1.
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UNDER
COMPULSION
IN
Element:
1. That the offender compels a debtor to work for
him, either as household servant or farm
laborer.
2. That it is against the debtors will.
3. That the purpose is to require or enforce the
payment of a debt.
Elements:
1. That the minor (whether over or under 7) is
living in the home of his parents or guardians or
the person entrusted with his custody
2. That the offender induces a minor to abandon
such home
Notes:
The inducement must be actually done with
malice and a determined will to cause damage. (People
vs. Paalam, C.A., O.G. 8267-8268). But where the victims
abandoned their respective homes out of an
irresponsible spirit of restlessness and adventure, the
crime is not committed.
1. Minor should not leave his home of his own free
will
2. Mitigating if by father or mother
Elements
a. That place is not inhabited.
b. The accused found there a person wounded or in
danger of dying.
c. The accused can render assistance without
detriment to himself.
d. The accused fails to render assistance.
SLAVERY
2.
Elements:
1. That the offender purchase, sells kidnaps or
detains a human being.
2. That the purpose of the offender is to enslave
such human being.
3.
ABANDONING A MINOR
Elements:
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter
is abandoned.
In order to hold one criminally liable under this
article, the offender must have abandoned the child with
deliberate intent. The purpose of the offender must
solely be avoidance of the obligation of taking care of the
minor.
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1.
2.
EXPLOITATION OF MINORS
Elements:
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters will.
Acts punished:
1. By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or
contortion, the offender being any person
2. By employing children under 16 who are not the
children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer or circus manager or engaged
in a similar calling
3. By employing any descendant under 12 in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of said callings
4. By delivering a child under 16 gratuitously to any
person following any of the callings enumerated in
par 2 or to any habitual vagrant or beggar, the
offender being an ascendant, guardian, teacher or
person entrusted in any capacity with the care of
such child
5. By inducing any child under 16 to abandon the
home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the
callings mentioned in par 2 or to accompany any
habitual vagrant or beggar, the offender being any
person
Notes:
Dwelling This is the place that a person
inhabits.
It includes the dependencies which have
interior communication with the house.
It is not
necessary that it be the permanent dwelling of the
person.
So, a persons room in a hotel may be
considered a dwelling. It also includes a room where one
resides as a boarder.
1.
2.
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3.
b.
c.
d.
2.
3.
b.
c.
GRAVE THREATS
Acts punishable:
1. By threatening another with the infliction upon his
person, honor or property that of his family of any
wrong amounting to a crime and demanding money
or imposing any other condition, even though not
unlawful and the offender (Note: threat is with
condition)
a.
Elements
That the offender threatens another person
with the infliction upon the latters person,
honor or property, or upon that of the
latters family, of any wrong.
That such wrong amounts to a crime.
That the threat is not subject to a condition
Notes:
5.
Elements
That the offender threatens another person
with the infliction upon the latters person,
honor or property, or upon that of the
latters family, of any wrong.
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3.
LIGHT THREATS
Elements:
1. That the offender makes a threat to commit a
wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other
condition is imposed, even though not unlawful
4. That the offender has attained his purpose or, that
he has not attained his purpose
Acts punished
1.
2.
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UNJUST VEXATION
DISCOVERING SECRETS
CORRESPONDENCE
2.
3.
2.
3.
OF
SEIZURE
Elements
1. That the offender is a private individual or even
a public officer not in the exercise of his official
function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of
such another person.
4. That offender is informed of the contents or the
papers or letters seized.
1.
THROUGH
ROBBERY IN GENERAL
Elements
1. That there be personal property belonging to
another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of
any person, or force upon anything.
1.
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3.
4.
5.
6.
Intent to gain presumed from unlawful taking Intent to gain may be presumed from the
unlawful taking of anothers property. However,
when one takes a property under the claim of
ownership or title, the taking is not considered
to be with intent to gain. (U. S. vs. Manluco, et
al., 28 Phil. 360)
AGAINST
OR
7.
8.
9.
1.
2.
3.
4.
5.
homicide
robbery accompanied with rape or intentional
mutilation, SPI insane, imbecile, impotent or
blind
SPI lost the use of speech, hear, smell, eye,
hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
Violence/intimidation shall have been carried to
a degree clearly unnecessary for the crime or
when in the cause of its execution
SPI/deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or
incapacitated for the performance of the work
for > 90 days; > 30 days
Any kind of robbery with less serious physical
injuries or slight physical injuries
Robbery
X didnt commit crime
but is intimidated to
deprive him of his
property
Deprived
of money
thru
force
or
intimidation
Neither
42
Ex.
defendant
demands payment of
P2.00 with threats of
arrest and prosecution,
therefore,
robbery
because (a) intent to
gain and (b) immediate
harm
Bribery
X has committed a
crime
and
gives
money as way to
avoid
arrest
or
prosecution
Giving of money is in
one sense voluntary
Transaction
is
voluntary and mutual
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Case:
A, B, C and D
robbed a bank. When they
were
about
to
flee,
policemen came, and they
traded shots with them. If
Robbery
with
violence
Intent to gain
Immediate
harm
Grave
threats
Grave
coercion
No intent to
gain
Intimidation;
promises
some future
harm
or
injury
None
Intimidation
(effect)
is
immediate and
offended party
is compelled to
do
something
against his will
(w/n right or
wrong)
Illustration 2:
Robbers decided to commit robbery in a house,
which turned out to be a boarding house. Thus, there
were different boarders who were offended parties in the
robbery. There is only one count of robbery. If there
were killings done to different boarders during the
robbery being committed in a boarders quarter, do not
consider that as separate counts of robbery with
homicide because when robbers decide to commit
robbery in a certain house, they are only impelled by one
criminal intent to rob and there will only be one case of
robbery. If there were homicide or death committed, that
would only be part of a single robbery. That there were
several killings done would only aggravate the
commission of the crime of robbery with homicide.
Illustration 3:
Illustration 1:
The robbers enter the house.
In entering
through the window, one of the robbers stepped on a
child less than three days old. The crime is not robbery
with infanticide because there is no such crime. The
word homicide as used in defining robbery with homicide
is used in the generic sense. It refers to any kind of
death.
Illustration 4:
There are two robbers who broke into a house
and carried away some valuables. After they left such
house these two robbers decided to cut or divide the loot
already so that they can go of them. So while they are
dividing the loot the other robber noticed that the one
doing the division is trying to cheat him and so he
immediately boxed him. Now this robber who was boxed
then pulled out his gun and fired at the other one killing
the latter. Would that bring about the crime of robbery
with homicide? Yes. Even if the robbery was already
consummated, the killing was still by reason of the
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Illustration 5:
If a person had an enemy and killed him and
after killing him, saw that he had a beautiful ring and
took this, the crime would be not robbery with homicide
because the primary criminal intent is to kill. So, there
will be two crimes: one for the killing and one for the
taking of the property after the victim was killed. Now
this would bring about the crime of theft and it could not
be robbery anymore because the person is already dead.
d.
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QUALIFIED
ROBBERY
INTIMIDATION
WITH
VIOLENCE
OR
Notes:
1.
2.
3.
ROBBERY BY A BAND
Band is defined as consisting of at least four
armed malefactors organized with the intention of
carrying out any unlawful design. Their participation in
the commission of the crime must be actual. The
offender must be principal by direct participation, so
that, a principal by inducement cannot be convicted of
this crime where the aggravating circumstance of band
shall be appreciated against him, since the law requires
as a condition to its commission the actual participation
of the offender in the execution of the crime. In such a
case, the conviction of a principal by inducement will
only be limited to his criminal liability as a coconspirator.
1.
45
2.
3.
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4.
1.
5.
2.
3.
ATTEMPTED
HOMICIDE
1.
OR
FRUSTRATED
ROBBERY
WITH
(stairways,
hallways,
2.
3.
NOT INCLUDED
CULTIVATION.
4.
ORCHARD,
LANDS
FOR
3.
dependencies
1.
2.
Includes
etc.)
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6.
7.
8.
9.
Illustration 1:
Before, if the door was not damaged but only the lock
attached to the door was broken, the taking from within
is only theft. But the ruling is now abandoned because
the door is considered useless without the lock. Even if it
is not the door that was broken but only the lock, the
breaking of the lock renders the door useless and it is
therefore tantamount to the breaking of the door.
Hence, the taking inside is considered robbery with force
upon things.
Illustration 2:
On a sari-sari store, a vehicle bumped the wall.
The wall collapsed. There was a small opening there. At
night, a man entered through that opening without
breaking the same. The crime will already be robbery if
he takes property from within because that is not an
opening intended for the purpose.
Even of there is a breaking of wall, roof, floor or window,
but the offender did not enter, it would not give rise to
robbery with force upon things.
made,
adopted
for
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Notes:
1.
3.
4.
5.
1.
2.
UPON
FORCE
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Nota Bene:
1.
2.
3.
Nota Bene:
5.
6.
1.
2.
BRIGANDAGE
Brigandage This is a crime committed by more than
three armed persons who form a band of robbers for the
purpose of committing robbery in the highway or
kidnapping persons for the purpose of extortion or to
obtain ransom, or for any other purpose to be attained
by means of force and violence.
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c.
Presumption of Brigandage:
a. if members of lawless band and possession
of unlicensed firearms (any of them)
b. possession of any kind of arms (not just
firearm)
BRIGANDAG
ROBBERY IN BAND
E
Purposes are Only to commit robbery, not
given
necessarily in hi-way
Mere
If the purpose is to commit a
formation of a part robbery
band for the
above
purpose
Necessary to prove that band
actually committed robbery
There is no need for the band robbers to
execute the object of their association in order to hold
them criminally liable for the crime of brigandage.
PERSONS LIABLE:
1. Those who
a) with intent to gain
b) But without violence against or intimidation of
persons nor force upon things
c) take personal property of another
d) without the latters consent
Nota Bene:
1.
PD 532 Brigandage
1.
Seizure of any person for: (a) ransom; (b)
extortion or other unlawful purpose; (c) taking
away of property by violence or intimidation or
force upon things or other unlawful means
2. Committed by any person
3. On any Phil hi-way
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4.
5.
6.
Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to
another and, without the consent of its owner
c) hunts or fish upon the same or gather fruits,
cereals or other forest or farm products
Nota Bene:
1.
3.
Those who
a) after having maliciously damaged the property
of another
b) remove or make use of the fruits or object of the
damage caused by them
Hidden Treasure
3.
2.
7.
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9.
1.
2.
3.
4.
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4.
QUALIFIED THEFT
5.
6.
7.
8.
Nota Bene:
When the theft is committed by a domestic
servant, the offended party may either be the employer
where the offender is working as a household help, or a
third person as a guest in the house. The roomboy is a
hotel is embraced within the term domestic servant.
1.
9.
ELEMENTS:
1.
2.
3.
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4.
Elements:
1. That the offender is a debtor; that is, he was
obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
To be liable for fraudulent insolvency, the
disposal of the merchandise must be done with malice.
The mere circumstance that a person has disposed of his
merchandise by removing them from the place where
they were kept would necessarily imply fraud. What is
required is actual prejudice to the creditor. The intention
of the accused alone is not enough. (People vs. Guzman,
C. A. 40 O. G. 2655)
ESTAFA
ELEMENTS OF ESTAFA IN GENERAL
1.
2.
On Squatting
According to the Urban Development
Housing Act, the following are squatters:
and
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1.
2.
3.
2.
b.
c.
ELEMENTS
OF
ESTAFA
WITH
ABUSE
OF
CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B)
d.
1.
e.
2.
3.
4.
f.
g.
h.
i.
3.
Nota Bene:
1.
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ESTAFA WITH
MALVERSATION
ABUSE OF
CONFIDENCE
Offenders
are offenders are entrusted
entrusted
with with funds or property
funds or property and
are
continuing
and
are offenses
continuing
offenses
Funds:
always Funds: public funds or
private
property
Offender: private Offender: public officer
individual,
or accountable for public
public officer not funds
accountable
Committed
by Committed
by
misappropriating, appropriating, taking,
converting,
misappropriating
denying having
received money
ELEMENTS
OF
ESTAFA
BY
TAKING
ADVANTAGE OF
THE SIGNATURE IN BLANK
1.
2.
3.
4.
ELEMENTS OF
PRETENSES
1.
2.
3.
3.
4.
MEANS
OF
FALSE
UNDUE
Nota Bene:
1.
2.
2.
BY
1.
ESTAFA
1.
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If a bouncing check is issued to pay a preexisting obligation, the drawer is liable under B. P. Blg. 22
which does not make any distinction as to whether a bad
check is issued in payment of an obligation or to
guarantee an obligation. (Que vs. People, 73217-18,
Sept. 21, 1987)
2.
(3) In the estafa under Article 315 (2) (d), deceit and
damage are material, while in Batas Pambansa Blg.
22, they are immaterial.
mere
4.
3.
Hence, there is no
(1) Under both Article 315 (2) (d) and Batas Pambansa
Blg. 22, there is criminal liability if the check is
drawn for non-pre-existing obligation.
If the check is drawn for a pre-existing obligation, there
is criminal liability only under Batas Pambansa Blg.
22.
1.
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2.
3.
4.
3.
4.
ESTAFA
2.
3.
1.
2.
3.
4.
1.
2.
3.
4.
Syndicated Estafa
A syndicate of five or more persons formed with
intent to carry out an unlawful or illegal act, transaction
or scheme and defraudation which results in
misappropriation of money contributed by stockholders
or members of rural banks, cooperatives, samahang
nayon or formers association; or funds contributed by
corporations or associations for the general welfare.
1.
2.
3.
4.
2.
BY
HIS
2.
3.
ELEMENTS
OF
SWINDLING
(PAR.3)
WRONGFULLY TAKING BY THE OWNER
PERSONAL FROM ITS LAWFUL POSSESSOR
1.
INFIDELITY IN THE
CUSTODY OF DOCUMENTS
Public officer entrusted
Private
individual was
entrusted
Intent to defraud
No intent to defraud
ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING
OF
REAL
PROPERTY
AS
FREE
FROM
ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE
BE NOT RECORDED
2.
3.
4.
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3.
B.
1.
2.
2.
C.
CHATTEL MORTGAGE
2.
A.
SELLING OR PLEDGING PERSONAL PROPERTY
ALREADY PLEDGED
3.
D.
2.
CRIMES
INVOLVING
Nota Bene:
ELEMENTS:
1. that personal property is mortgaged under the
chattel mortage law.
2. That the offender knows that such property is so
mortaged.
3. That he removes such mortgaged personal to any
province or city other than the one in which it was
located at the time of the execution of the
mortgage.
4. that the removal is permanent.
5. That there is no written consent of the mortgagee or
his executors, administration or assigns to such
removal.
OTHER
ELEMENTS OF ARSON
1.
ARSON
AND
DESTRUCTIONS
ELEMENTS:
1. That personal property is already pledged under the
terms of the chattel mortgage law.
2. That the offender, who is the mortgagee of such
property, sells or pledges the same or any part
thereof.
3. That there is no consent of the mortgagee written on
the back of the mortgage and noted on the record
thereof in the office of the register of deeds.
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OTHER MISCHIEF
1.
ELEMENTS:
Not included in Art. 328
a. scattering human excrement
b. killing of cow as an act of revenge
MALICIOUS MISCHIEF
ELEMENTS
1.
2.
3.
4.
DESTROYING OR DAMAGING
MONUMENTS OR PAINTINGS
EXEMPTION FROM
AGAINST PROPERTY
OF
Notes:
1. removing rails from tracks is destruction (art 324)
2. not applicable when telegraph/phone lines dont
pertain to railways (example: for transmission of
electric power/light)
3. people killed as a result:
a. murder if derailment is means of intent to kill
b. none art 48
6.
MEANS
Nota Bene:
1. Malicious mischief willful damaging of
anothers property for the sake of causing
damage due to hate, revenge or other evil
motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice only civil liability
5.
TO
CRIMINAL
STATUES,
LIABILITY
IN
PUBLIC
CRIMES
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Persons
a.
b.
c.
d.
exempt include:
stepfather/mother (ascendants by affinity)
adopted children (descendants)
concubine/paramour (spouse)
common law spouse (property is part of
their earnings)
ADULTERY
ELEMENTS
1. That the woman is married (even if marriage
subsequently declared void)
2. That she has sexual intercourse with a man not her
husband.
3. That as regards the man with whom she has sexual
intercourses, he must know her to be married.
Nota Bene:
There are two reasons why adultery is made
punishable by law. Primarily, it is a violation of the
marital vow and secondarily, it paves the way to the
introduction of a spurious child into the family.
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CONCUBINAGE
ELEMENTS:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
b. Having
sexual
intercourse
under
scandalous circumstances with a woman
who is not his wife.
c. Cohabiting with her in any other place.
3. That as regards the woman she must know him to
be married.
RAPE
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ACTS OF LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of lasciviousness
or lewdness.
2. That it is done under any of the following
circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of
reason or otherwise unconscious, or
c. when the offended party is under 12 years
of age.
3. That the offended party is another person of either
sex.
1.
SEDUCTION
Elements:
1. That the offended party is a virgin, (presumed if she
unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of
age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or
relationship on the part of the offender ( person
entrusted with education or custody of victim;
person in public authority, priest; servant)
1.
Persons liable:
Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted
with the education or custody of the woman
seduced
2.
3.
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SIMPLE SEDUCTION
ELEMENTS
Illustration
3.
4.
1.
2.
Promise
intercourse.
of
marriage
must
precede
sexual
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ELEMENTS:
1.
Acts penalized:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of
prostitution
2.
3.
ABDUCTION
FORCIBLE ABDUCTION
ELEMENTS:
1.
2.
3.
CORRUPTION OF MINORS
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Lewd
design
does
not
include
sexual
intercourse. So, if sexual intercourse is committed
against the offended party after her forcible abduction,
the offender commits another crime separate and
distinct from forcible abduction. In this case, the accused
should be charged with forcible abduction with rape.
(People vs. Jose, et al., 37 SCRA 450)
CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of
age.
3. That the taking away of the offended party must be
with her consent, after solicitation or cajolery from
the offender.
4. That the taking away of the offended party must be
with lewd designs.
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3.
GUILTY
OF
RAPE,
Nota Bene:
Marriage of the offender with the offended party
extinguishes the criminal action or remit the penalty
already imposed upon him. This applies as well to the
accomplices, accessories-after-the-fact. But marriages
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3.
Nota Bene:
1. The crime does not fall within the category of
private crimes that can be prosecuted only at the
instance of the offended party PUBLIC CRIME
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose
its civil status
1.
Notes:
There must be criminal intent to enjoy the civil
rights of another by the offender knowing he is not
entitled thereto
The term "civil status" includes one's public
station, or the rights, duties, capacities and incapacities
which determine a person to a given class. It seems that
the term "civil status" includes one's profession.
2.
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LIBEL
ELEMENTS:
1.
2.
3.
4.
ELEMENTS:
1.
2.
5.
Character of
defamatory
words
used
to
make
it
Kinds of Malice
Malice in law This is assumed and is inferred
from the defamatory character of an imputation. The
presumption of malice attaches to the defamatory
statement especially if it appears to be insulting per se.
The law presumes that the defamer made the imputation
without good intention or justifiable motive.
Malice in fact This refers to malice as a fact.
The presence and existence of personal ill-will or spite
may still appear even if the statement is not defamatory.
So, where the defamatory acts may be presumed from
the publication of the defamatory acts imputed refer to
the private life of the individual, malice may be
presumed from the publication of the defamatory
statement because no one has a right to invade
anothers privacy.
PREMATURE MARRIAGE
Acts punished:
2.
the
1.
Distinction
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Libel
In the crime of
-false accusation need not
libel, which includes oral
be made under oath
defamation, there is no
need for the prosecution to
present evidence of malice. It is enough that the alleged
defamatory or libelous statement be presented to the
court verbatim. It is the court which will prove whether it
is defamatory or not. If the tenor of the utterance or
statement is defamatory, the
legal presumption of
malice arises even without proof.
Perjury
-false accusation
made under oath
Acts punished
1. Threatening another to publish a libel concerning
him, or his parents, spouse, child, or other members
of his family;
2.
Note:
Even though made in connection with or under
the pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such facts
have been mentioned.
2.
1.
is
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Distinctions
a.
b.
c.
Notes:
The gravity of oral defamation depends not only
on the expressions but also on the personal relation of
the
accused
with
the
offended
party.
Other
circumstances like the presence of important people
when the crime was committed, the social standing and
position of the offended party are factors which may
influence the gravity and defamatory imputation
(Victorio vs. Court of Appeals, 173 SCRA 645).
Note that slander can be committed even if the
defamatory remark was done in the absence of the
offended party. (People vs. Clarin, C.A., 37 O.G. 1106)
If the utterances were made publicly and were
heard by many people and the accused at the same time
levelled his finger at the complainant, oral defamation is
committed (P v Salleque)
The word puta does not impute that the
complainant is prostitute. (People vs. Atienza, G.R. No. L19857, Oct. 26, 1968 ) It is a common expression of
anger or displeasure. It is seldom taken in its literal
sense by the hearer. It is viewed more as a threat on the
part of the accused to manifest and emphasize a point.
(Reyes vs. People, 27 SCRA 686)
LIBELOUS REMARKS
Libelous remarks or comments on privileged
matters (under Art. 354) if made with malice in fact will
not exempt the author and editor.
SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not included in
any other crime against honor.
2. That such act is performed in the presence of other
person or persons.
3. That such act casts dishonor, discredit or contempt
upon the offended party.
Notes:
ELEMENTS:
1. That the offender performs an act.
2. That by such act he directly incriminates or imputes
to an innocent person the commission of a crime.
3. That such act does not constitute perjury.
Two Kinds
Unjust
Vexation-irritation
or
annoyance/anything that annoys or irritates
without justification.
Slander by Deed-irritation or
annoyance + attendant publicity and dishonor
or contempt.
Acts of lasciviousness-irritation or
annoyance + any of 3 circumstance provided in
Art335 of RPC on rape
use of force or intimidation
deprivation of reason or rendering the
offended unconscious
offended party under 12 yrs of age plus
lewd designs
a.
b.
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How committed?
By any person who shall make any intrigue
which has for its principal purpose to blemish the honor
or reputation of another person
Notes:
The crime is committed by resorting to any form
of scheme or plot designed to blemish the reputation of a
person. The offender does not employ written or spoken
words, pictures or caricatures to ridicule the victim.
Rather, he uses some ingenious, crafty and secret ploy
which produces the same effect.
CRIMINAL NEGLIGENCE
ELEMENTS OF RECKLESS IMPRUDENCE:
1.
2.
3.
4.
5.
1.
2.
3.
2.
Quasi-offenses punished
1.
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4.
Distinction between
Negligence
Reckless
Imprudence
d.
The
above-mentioned
doctrine
should
be
reconciled with the doctrine of concurrent proximate
cause of two negligent drivers.
In the case of People vs. Desalis, et al., C.A., 57
O.G. 8689, the two accused were drivers of two speeding
vehicles which overtook vehicles ahead of them and
even encroached on the others lane without taking due
precaution as required by the circumstances. The court
found the concurrent or successive negligent act or
omission of the two drivers as the direct and proximate
cause of the injury caused to the offended party. The
court could not determine in what proportion each driver
contributed to the injury. Both were declared guilty for
the injury suffered by the third person.
Test of Negligence
Did the defendant, in doing the alleged
negligent act, use the reasonable care and caution which
an ordinary prudent person would have used in the same
situation? If not, then he is guilty of negligence.
6.
7.
365
has
Emergency rule
An automobile driver, who, by the negligence of
another, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is
not guilty of negligence if he makes a choice which a
person of ordinary prudence placed in such a position
might make even though he did not make the wisest
choice.
no
Doctrine of Pre-emption
It is a rule in collision cases which the driver of a
motor vehicle to make a full stop when crossing a thrustreet. Any accident therefore which takes place in said
corner gives to rise to the presumption of negligence on
the part driver of the motor vehicle running thru-street
has already reached the middle part of the intersection.
In such a case, the other driver who has the right of way
has the duty to stop his motor vehicle in order to avoid a
collision. (People vs. Taradji, 3 C.A. Rep. [25] 460)
and
Contributory
negligencenot
defense, only mitigating
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Amendment or substitution
A complaint or information may be amended, in
form or in substance, without leave or court, at any time
before the accused enters his plea. After the plea and
during the trial, a formal amendment may be made with
leave of court and when it can be done without causing
prejudice to the rights or the accused.
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Their
authority
to
conduct
preliminary
investigations shall include all crimes cognizable by the
proper court in their respective territorial jurisdictions.
Procedure
The
preliminary
investigation
conducted in the following manner:
The
following
investigations:
1.
2.
3.
4.
to
may
conduct
conduct
be
Officers
authorized
investigation.
shall
preliminary
preliminary
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Records
Executive of warrant
The head of the office to whom the warrant of
arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the
period, the officer to whom it was assigned for execution
shall make a report to the judge who issued the warrant.
In case of his failure to execute the warrant, he shall
state the reasons therefor.
Arrest without warrant; when lawful
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(a)
(b)
(c)
(d)
(e)
Corporate surety
(a)
an offense punishable by
or life imprisonment, not
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(c)
Any
person
in
custody who is not yet charged in court may
apply for bail with any court in the province,
city, or municipality where he is held.
Release on bail
The accused must be discharged upon approval
of the bail by the judge with whom it was filed in
accordance with section 17 of this Rule.
When bail is filed with a court other than where
the case is pending, the judge who accepted the bail
shall forward it, together with the order of release and
other supporting papers, to the court where the case is
pending, which ma, for good reason, require a different
one to be filed.
Recognizance
required;
reduced
bail
or
Forfeiture of bail
When the presence of the accused is required
by the court or these Rules, his bondsmen shall notified
to produce him before the court on a given date and
time. If the accused fails to appear in person as required,
his bail shall be declared forfeited and the bondsmen
given thirty (30) days within which to produce their
principal and to show cause why no judgment should be
rendered against them for the amount of their bail.
Within the said period, the bondsmen must:
(a)
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de
oficio
to
prepare
for
Bill of particulars
Suspension of arraignment
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Grounds
The accused may move to quash the complaint
or information on any of the following grounds:
(a) That the facts charged do not constitute an
offense;
(b) That the court trying the case has no
jurisdiction over the offense charged;
(c) That the court trying the case has no
jurisdiction over the person of the accused;
(d) That the officer who filed the information
had no authority to do so;
(e) That it does not conform substantially to
the prescribed form;
(f) That more than one offense is charged
except when a single punishment for
various offenses is prescribed by law;
(g) That the criminal action or liability has been
extinguished;
(h) That it contains averments which, if true,
would constitute a legal excuse of
justification; and
(i) That the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or otherwise terminated without
his express consent.
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Exclusions
The following periods of delay shall be exclude
in computing the time within which trial must
commence:
(a) Any period of delay resulting from other
proceedings concerning the accused, including but not
limited to the following:
Pre-trial agreement
Pre-trial order
(b) Any period of delay resulting from the
absence or unavailability of an essential witness.
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Sanctions
In any case in which private counsel for the
accused, the public attorney, or the prosecutor:
(a) Knowingly allows the case to be set for trial
without disclosing that a necessary witness would be
unavailable for trial;
(b) Files a motion solely for delay which he
knows is totally frivolous and without merit;
(c) Makes a statement for the purpose of
obtaining continuance which he knows to be false and
which is material tot he granting of a continuance; or
(d) Willfully fails to proceed to trial without
justification consistent with the provisions hereof, the
curt may punish such counsel, attorney, or prosecutor,
as follows:
(1)
duties
where
accused
is
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Order of trial
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Demurrer to evidence
After the prosecution rests its case, the court
may dismiss the action on the ground of insufficiency of
evidence (1) on its own initiative after giving the
prosecution the opportunity to be heard or (2) upon
demurrer to evidence filed by the accused with or
without leave of court.
If the court denies the demurrer to evidence
filed with leave of court, the accused may adduce
evidence in his defense. When the demurrer to evidence
is filed without leave of court, the court waives the right
to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to
evidence shall specifically state its grounds and shall be
filed within a non-extendible period of five (5) days after
the prosecution rests its case. The prosecution may
oppose the motion within a non-extendible period of five
(5) days from its receipts.
If leave of court is granted, the accused shall
file the demurrer to evidence within a non-extendible
period of ten (10) days from notice. The prosecution may
oppose the demurrer to evidence within a similar period
from its receipts.
The order denying the motion for leave of court
to file demurrer to evidence or the demurrer itself shall
not be reviewable by appeal or by certiorari before
judgment.
Reopening
At anytime before finality of the judgment of
conviction, the judge may, motu proprio or upon motion,
with hearing in either case, reopens the proceedings to
avoid a miscarriage of justice. The proceeding shall be
terminated within thirty (30) days from the order
granting it.
Promulgation of judgment
The judgment is promulgated by reading it in
the presence of the accused and any judge of the court
in which it was rendered. However, if the conviction is for
a light offense, the judgment may be pronounced in the
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Modification of judgment
A judgment of conviction may, upon motion of
the accused, be modified or set aside before it becomes
final or before appeal is perfected. Except where the
death penalty is imposed, a judgment becomes final
after the lapse of the period for perfecting an appeal, or
when the sentence has been partially or totally satisfied
or served, or when the accused has waived in writing his
right to appeal, or has applied for probation.
Entry of judgment
After a judgment has become final, it shall be
entered in accordance with Rule 36.
Exiting
provisions
governing
suspension
of
sentence, probation and parole not affected by
this Rule
Where to appeal?
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notes
of
stenographic
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Withdrawal of appeal
Uniform Procedure
Contents of brief
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Reconsideration
A motion for reconsideration shall be filed within
fifteen (15) days from notice of the decision or final order
of the Court of Appeals, with copies thereof served upon
the adverse party, setting forth the grounds in support
thereof. The mittimus shall be stayed during the
pendency of the motion for reconsideration. No party
shall be allowed a second motion for reconsideration of a
judgment or final order.
Scope of judgment
The Court of Appeals may reverse, affirm, or
modify the judgment and increase or reduce the penalty
imposed by the trial court, remand the case to the
Regional Trial Court for new trial or retrial, or dismiss the
case.
Power to receive evidence
The Court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual
issues raised in cases (a) falling within its original
jurisdiction, (b) involving claims for damages arising from
provisional remedies, or (c) where the court grants a new
trial based only on the ground of newly discovered
evidence.
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Any
court
within
whose
territorial
jurisdiction a crime was committed.
For compelling reasons stated in the
application, any court within the judicial
region where the crime was committed if
the place of the commission of the crime is
known, or any court within the judicial
region where the warrant shall be enforce.
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oo
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They are:
a.
b.
c.
multiple admissibility;
conditional admissibility;
curative admissibility
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b.
c.
PURPOSE
OF
THE
RULE
ON
GIVE
THE
CONCEPT
OF
(1)
PROSPECTANT
COLLATERAL
MATTERS;
(2)
CONCOMITANT
COLLATERAL
MATTERS;
(3)
RETROSPECTANT
COLLATERAL MATTERS
a.
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WHAT
ARE
THE
LIMITATIONS
ADMISSIBILITY OF OBJECT EVIDENCE?
NECESSARY
IN
THE
The following:
c.
the evidence must e relevant;
( Sec. 1, Rule 130 )
d.
indecent or improper objects
should be excluded, unless the same is
necessary for ascertaining the truth;
( Brown vs. Swineford, 28 Am. Rep. 582 )
e.
repulsive objects should also be
excluded if not absolutely necessary for the
administration of justice (Knowless vs.
Crampton, 55 Conn. 366 )
WHEN IS
NOTICE?
TO
JUDICIAL
WHAT
ARE
DOCUMENT?
CONSIDERED
ORIGINALS
OF
The following:
a. the original of a document is one of the
contents of which are the subject of inquiry
b. when a document is in two or more copies
executed at or about the same time, with identical
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LOST
OR
LANGUAGE
OF
WRITING
BE
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IS THE INTOXICATED
TESTIFY?
TO
TO
BE
WITNESS
BY
COMPETENT
PERSON
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The following:
a) There must be a relation of attorney and
client;
b) There must be a communication by the
client to the attorney, or advice thereon
given by the latter to the former;
c) The communication or advice must have
been given confidentially;
d) The communication must have been made
in the course of professional employment.
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The following:
THE
PRIVILEGE
OF
The following:
a)
b)
c)
d)
The following:
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DEFINE COMPROMISE
WHAT IS AN ADMISSION?
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2.
3.
DEFINE CONFESSION
DEFINE PRIVIES.
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e)
f)
IN
ORDER
TO
RENDER
A
CONFESSION
INVOLUNTARY ON THE GROUND OF FORCE AND
VIOLENCE, IS IT REQUIRED THAT IT BE DIRECTLY
EMPLOYED UPON THE PERSON OF THE ACCUSED?
WHY?
No, because it is enough that the force or
violence were employed upon the person of his coaccused, in his presence and within his observation, such
that he had reasonable grounds to believe that he would
suffer the same maltreatment. (U.S. vs. Baluyot, 1 Phil.
451)
d)
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c)
Dying declaration;
Declaration against interest;
Act or declaration about pedigree;
Family reputation or tradition regarding
pedigree;
Common reputation;
Part of the res gestae;
Entries in the course of business;
Entries in official records;
Commercial lists and the like;
Learned treatises; and
Testimony or disposition at a former proceeding.
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3.
4.
4.
7.
8.
Relationship;
Family genealogy;
Birth;
Marriage;
Death;
Dates when the places where these facts
occurred;
Names of relatives; and
Facts of family history intimately connected with
pedigree. (Sec. 39, Rule 130)
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1.
2.
3.
1.
2.
3.
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3.
DISTINGUISH BETWEEN A DYING DECLARATION
AND A DECLARATION AS PART OF THE RES GESTAE.
4.
5.
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3.
2.
3.
4.
5.
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b)
c)
The following:
a)
c)
b)
DEFINE CHARACTER
Character is defined s that combination of
properties, qualities or peculiarities which distinguishes
one person from others. (Martin, Ibid., p. 420 citing The
Cmaberlayne Trial Evidence, p. 578)
IS EVIDENCE OF GOOD CHARACTER OF THE
ACCUSED ADMISSIBLE IN CRIMINAL CASES?
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b)
WHAT IS A PRESUMPTION?
A presumption is an inference as to the
existence of a fact not actually known, arising from its
usual connection with another which is known. (Jaime
Nuevas, Ibid., p. 602 citing III C.R. Co. vs. Interstate Co.,
206)
IS PRESUMPTION EVIDENCE?
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23.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
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e)
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a)
b)
c)
d)
e)
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a)
b)
c)
A
witness may be allowed to refresh his
memory respecting a fact, by anything written or
recorded by himself or under his direction at the time
when the fact occurred, or immediately thereafter, or at
any other time when the fact was fresh in his memory
and he knew that the same was correctly written or
recorded; but in such case the writing or record must be
produced and may be inspected by the adverse party,
who may, if he chooses, cross-examined the witness
upon it, and may read it in evidence. So, also, a witness
may testify from such a writing or record, though he
retain no recollection of the particular facts, if he is able
to swear that the writing or record correctly stated the
transaction when made; but such evidence must be
received with caution. (Sec. 16)
a)
b)
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c)
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a)
b)
c)
d)
e)
f)
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g)
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16)
17. Plunder
18. Violations of the Dangerous Drugs Act of 1972
as amended when the quantity of drugs involved
in the violation is equal to or more than that
provided under Section 20.
19. Carnapping where the owner, driver or occupant
of the carnapped motor vehicle is killed or raped
in the course of the commission of carnapping or
on the occasion thereof.
SPECIAL LAWS
Republic Act No. 7659 - Heinous Crimes Act
Nota Bene:
8)
9)
10)
11)
12)
13)
14)
15)
has
been
superseded
by
The
victim
is
a
religious or a child less than 7 years
old;
The
rape
was
committed in full view of the husband,
parent, children or relative within the
3rd civil degree of consanguinity;
The
offender
is
afflicted with AIDS and is aware of it;
The offender is a
member of the AFP or PNP or any law
enforcement agency; or
Treason;
Qualified Piracy/Mutiny
Qualified Bribery
Parricide
Murder
Infanticide
Kidnapping
and
Serious
Illegal
Detention
Robbery with Homicide
Robbery with Rape
Robbery with Intentional Mutilation
Robbery with Arson
Destructive Arson
Rape committed by two or more
persons
Rape committed with the use of deadly
weapon
Rape with Homicide or attempted Rape
with Homicide
an appointment;
election; or
contract
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7659
person.
R.A. 7659
2)
Receiving,
directly
or
indirectly,
any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from any
person and/or entity in connection with any
government contract or project or by reason of
the office or position of the public officer
concerned;
3)
4)
5)
Establishing
agricultural,
industrial
or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or special
interests; or
6)
1)
2)
IMPOSABLE
PENALTY
Changed
the
imposable penalty of life imprisonment with
reclusion perpetua to death.
1)
Suggested Answer:
This has not been decided. In our opinion,
however, a single act does not constitute plunder
because the Anti-Plunder Law provides that the
acquisition of ill-gotten wealth by a public official must
be made through a COMBINATION or SERIES of acts.
Republic Act No. 9160 - Anti-Money Laundering
Act of 2001
What is MONEY LAUNDERING?
Money laundering is a crime whereby the
proceeds of an UNLAWFUL ACTIVITY are transacted;
thereby making them appear to have originated from
legitimate sources.
What constitutes an UNLAWFUL ACTIVITY?
Sec. 3 (i) - unlawful activity refers to any act or
omission or series or combination thereof involving or
having relation to the following:
1) Kidnapping for ransom;
2) Plunder;
3) Robbery and Extortion;
4) Jueteng and Masiao punished as illegal
gambling under P.D. 1602;
5) Piracy;
6) Qualified Theft;
7) Swindling or Estafa;
8) Smuggling;
9) Hijacking; and
10) many others.
a)
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a)
a)
7)
8)
9)
10)
11)
2)
3)
4)
ANSWER:
No if the gift was
(a) unsolicited (given by the giver voluntarily
and not demanded by the public officer), and
(b) of small or insignificant value, and
(C) was given as a mere token of gratitude or
friendship according to local customs or usage (Sec. 14).
5)
6)
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2) CHILD TRAFFICKING
Consummated Act of CHILD TRAFFICKING
Who are liable for consummated act of child
trafficking?
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or
3) ESTAFA under Art. 315 paragraph 1 (b) of the
RPC.
CARNAPPING
QUALIFIED
THEFT
ESTAFA
1) Taking
2) with intent
to gain,
3) of a motor
vehicle
4)
belonging
to another 5)
(a) without the
latters
consent,
or
(b) by
means of
violence
against
or
intimidation of
person,
or
(c) by using
force
upon
things.
A] Art. 310,
RPC
1)Taking
2) with intent
to gain
3) of a motor
vehicle
4) belonging
to another
5)
Without
the
latters
consent
6) But without
violence
against
or
intimidation
of persons or
force
upon
things.
1)
Physical
and Juridical
possession of
the
motor
vehicle
was
transferred to
the accused;
(e.g. agency
to sale)
2)
He
misappropriat
ed the same.
B]
Jurisprudenc
e
1) Material or
physical
possession of
the
motor
vehicle
was
transferred to
the accused;
(e.g.
borrowed)
2)
He
misappropriat
ed the same.
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or
Duty of OWNER/RAISER to Register the LARGE CATTLE The owner/raiser is duty-bound to register the large
cattle belonging to him
Any
person,
partnership,
association,
corporation or entity engaged in the business of buying
and selling large cattles MUST first secure a permit from
(a) the Provincial Commander, and (b) the City/Municipal
Treasurer of the place of residence of such person,
partnership, association, corporation or entity.
Communications
CATTLE
Can
Be
Waived
Any
person,
partnership,
association,
corporation or entity desiring to ship or transport large
by
cattle, its hides, or meat, from one province to another
MUST secure a PERMIT from
the Provincial Commander.
ARTICLE 122, RPC
1) Piracy can be committed both
on the high seas and on Philippine
territorial waters.
PRESUMPTION
Rustling:
of
Cattle
FAILURE to exhibit
or show the required PERMIT
or CLEARANCE by any
person
having
in
his
possession,
control
or
custody of large cattle is a
PRIMA FACIE EVIDENCE that
the large cattle in his
possession,
control,
or
custody is the fruit of the
What is fencing?
Fencing is the act of any person who,
family.
1)
2)
3)
4)
5)
6)
Cow;
Carabao;
Horse;
Mule;
Ass; or
Other domesticated member of the bovine
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person,
firm,
association,
corporation or partnership, or
other organizations
who/which commits the act of fencing.
Presumption of FENCING:
What is HAZING?
It is an initiation rite or practice as a
prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some EMBARRASSING or
HUMILIATING situations such as forcing him to do menial,
silly, foolish and similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or
injury.
What is MURO-AMI?
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1)
2)
3)
1.
2.
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WHOM? By an
IN WHAT WAY?
1) EMPLOYER,
2) EMPLOYEE,
3) MANAGER,
4) SUPERVISOR,
5) AGENT OF THE EMPLOYER,
6) TEACHER,
7) INSTRUCTOR,
8) PROFESSOR,
9) COACH,
10) TRAINER, or
11) ANY OTHER PERSON HAVING AUHTORITY,
oo
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