UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

COLLEGE OF LAW
Cebu City

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CRIMINAL LAW II PORTFOLIO

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In Partial Fulfillment
of the Requirements
in the Course
Criminal Law II
(LLB 118N)

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NOEL JUN L. LINGANAY

19105334
August 2020
 INTRODUCTION

Criminal Law II is one of the hardest subjects in Law School as it involves

many legal provisions and that it will be very difficult if we would not know how
to carefully and smartly study this course.

The provisions of the Criminal Law have elements and that emphasis
should be on the elements of the provisions so that by examining carefully the
elements, we could easily analyze and synthesize the meaning of each provision
and to the extent, apply it in the real world.

This portfolio is my personal notes during the 2nd semester of AY 2019-

2020. This portfolio is divided into different titles as to what types the crime is
against to. Each title will have a typical crime that is timely and relevant to our
country which is the Philippines.

Title One – Crimes against National Security and the Law of Nations

ARTICLE 114 – TREASON

Treason – a breach of allegiance to a government, committed by a person who

owes allegiance to it.

Allegiance – the obligation of fidelity and obedience which the individual owes
to the government under which he lives or to his sovereign, in return for the
protection he receives. Hence an alien residing in the Philippines may be
prosecuted for acts of treason due to the temporary allegiance he owes to the
Philippine government.

Elements of treason:

1. That the offender owes allegiance to the Government of the Philippines;

(a Filipino citizen or an alien residing in the Philippines.)

Place of commission:
 Filipino Citizen: anywhere (Art.2, RPC)
 Alien: residing only in the Philippines (EO 44) except in case of conspiracy
An alien owes permanent allegiance to his own country, at the same time, a
temporary allegiance to the country where he resides.

2. That there is a war in which the Philippines is involved;

 Treason is a war crime. It remains dormant until the emergency arises.

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  But as soon as war starts, it is put into effect (Laurel vs. Misa, 77 Phil 865
[1946])

3. That the offender either (modes of committing):

 Levies war against the government; or
 Adheres to the enemies, giving them aid or comfort.

Differences of Treason and other similar crimes

Treason by levying war Rebellion

The purpose of levying war is to help Such purpose is not necessary. (e.g.
the enemy. civil uprising)
Treason Sedition

Philippines must be at war with Internal conflict

another country

Breach of oath of allegiance Causing disturbances in his/her own

country

Title Two - Crimes against the Fundamental Law of the State

All offenses in this Title are required to be committed by public officers except
offending the religious feelings.

ARTICLE 124 - ARBITRARY DETENTION

Elements:
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal ground.

Detention – a person is detained when he is placed in confinement or there is

restraint on his person.
 Detention need not involve any physical restraint. Psychological restraint
is sufficient. If the acts and actuations of the accused can produce such
fear in the mind of the victim sufficient to paralyze the latter, to the extent
that the victim is compelled to limit his own actions and movements in
accordance with the wishes of the accused, then the victim is, for all
intents and purposes, detained against his will (Astorga vs. People, G. R.
No. 154130 Oct. 1, 2003).

Legal grounds for the detention of persons:

1. The commission of a crime

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2. Violent insanity or other ailment requiring compulsory confinement of the
patient in a hospital

Note: This is list is not exclusive so long as the ground is considered legal (e.g. in
contempt of court, under quarantine, or a foreigner to be deported).
 The public officer liable for arbitrary detention must be vested with
authority to detain or order the detention of persons accused of a crime,
but when they detain a person they have no legal grounds therefor.
 If the detention is perpetrated by other public officers NOT vested with
authority or any private individual, the crime committed is illegal
detention (Art. 267 or 268).
 The penalty for Arbitrary Detention
 depends upon the period of detention involved. A greater penalty is
imposed if the period is longer.
 Arrest without a warrant is the usual cause of arbitrary detention. The
crime of unlawful arrest is, however, absorbed in the crime of arbitrary
detention.

Arrest without warrant – when LAWFUL:

1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
 “In his presence” – when the officer sees the offense being committed,
although at a distance, or hears the disturbance created thereby and
proceeds at once to the scene thereof, or when the offense is continuing or
has not been consummated at the time the arrest is made, the offense is
said to be committed in his presence. (U.S. vs. Samonte, 16 Phil 516
[1910])

2. When an offense has in fact just been committed, and he has probable cause to
believe based on personal knowledge of facts and circumstances that the person
to be arrested has committed it;

3. When the person to be arrested is a prisoner, has escaped from a penal

establishment, or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another. (Sec. 5, Rule 113, Revised Rules of Criminal
Procedure)

Title Three – Crimes against Public Order

ARTICLE 134 - REBELLION/ INSURRECTION

Elements:
1. That there be:
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 a. Public uprising; and
b. Taking up of arms against the government.

2. For the purpose of:

a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
ii. Anybody of land, naval or other armed forces; or
b. Depriving the Chief Executive or Congress, wholly or partially, of any of
their powers or prerogatives.

 If the act is to deprive the Judiciary of its powers or prerogatives, the crime
committed is sedition.

Rebellion - more frequently used where the object of the movement is to

completely overthrow and supersede the existing government. It is a crime of the
masses, of the multitude. It is a vast movement of men and a complex network of
intrigues and plots. Purpose of the uprising must be shown, without evidence to
indicate the motive or purpose of the accused does not constitute rebellion. It
may constitute other crimes like sedition or kidnapping.

Insurrection – more commonly employed in reference to a movement which

seeks merely to effect some change of minor importance, or to prevent the
exercise of governmental authority with respect to particular matters or subjects.

Note: actual clash with the armed forces of the Government is not necessary to
convict the accused who is in conspiracy with others actually taking arms against
the government.

Giving aid and comfort is not criminal in rebellion.

 Persons acting as couriers or spies for rebels are guilty of rebellion.
 Mere silence regarding the presence of rebels despite knowledge of a
rebellion is not punishable.
 Rebellion cannot be complexed with, but absorbs other crimes committed
in furtherance of rebellious movement. There is no complex crime of
rebellion with murder and other common crimes, whether such crimes are
punishable under a special law or general law (RPC) provided that such
crimes are committed in furtherance or in pursuance of the movement to
overthrow the government. (Ponce Enrile v. Amin, G. R. No. 93335,
September 13, 1990).

Title Four – Crimes against Public Interest

ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE

OF FALSIFIED DOCUMENTS

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Acts punished:
1. Falsification of public, official or commercial document by a private individual

Elements:
a. The offender is a private individual or a public officer or employee who did not
take advantage of his official position;
b. That he committed any of the acts of falsification enumerated in Art.171
(Pars.1-6);
c. That the falsification was committed in a public or official or commercial
document.

Public document – a document created, executed or issued by a public official

in response to the exigencies of the public service, or in the execution of which a
public official intervened
Official document – a document which is issued by a public official in the exercise
of the functions of his office
Commercial document – any document defined and regulated by the Code of
Commerce or any other commercial laws

Title Six – Crimes against Public Morals

ARTICLE 199 - ILLEGAL COCKFIGHTING

Modified by: PD 449

Under PD 449, the following may be held liable:

1. Any person who, directly or indirectly, participates in cockfights, by betting
money or other valuable things in a day other than those permitted by law.
2. Any person who, directly or indirectly, organizes cockfights at which bets are
made in a day other than those permitted by law.
3. Any person who, directly or indirectly, participates in cockfights, by betting
money or other valuable things at a place other than a licensed cockpit.
4. Any person who, directly or indirectly, organizes cockfights at which bets are
made at a place other than a licensed cockpit.
5. Owner, manager or lessee of the cockpit who shall permit gambling of any kind
on the premises of the cockpit or place of cockfighting during cockfights.

Cockfighting is allowed during:

1. Sundays
2. Legal Holidays except:
a. Rizal Day
b. Independence Day
c. National Heroes Day
d. Holy Thursday
e. Good Friday
f. Election or Referendum Day

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 g. During the Registration days for election or referendum
3. During local fiestas for not more than 3 days
4. During provincial, city or municipal, agricultural, commercial or
industrial fair, carnival or exposition

Title Seven – Crimes committed by Public Officers

ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY —
PRESUMPTION OF MALVERSATION

Acts punished:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other
person to take such public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such
funds or property.

Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of the duties of
his office
3. That those funds or property were public funds or property for which he was
accountable
4. That he appropriated, took, misappropriated or consented, or through
abandonment or negligence, permitted another person to take them.

Custody- means guarding or keeping safe; care

 Funds or property must be received in official capacity. Hence, if the
public officer had no authority to receive the money and he
misappropriated the same, the crime is estafa, not malversation.
 The penalty for malversation is the same whether committed with malice
or through negligence or imprudence.
 Nature of the duties of the public officer, not the name of the office, is
controlling.

Malversation may be committed by private individuals in the

following cases:
1. Those in conspiracy with public officers guilty of malversation
2. Those who are accessory or accomplice to a public officer
3. Custodian of public funds or property in whatever capacity
4. Depositary or administrator of public funds or property

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Presumption

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When demand is made to the accountable officer to account for the funds and
property and the same is not forthcoming, this shall be a prima facie evidence
that he has put such missing funds or property to personal use.
 The return of the funds malversed is only mitigating, not exempting
circumstance.
 Demand is NOT necessary in malversation. Damage to the government is
also not necessary.

Malversation is principally distinguished from estafa by:

1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in malversation.
4. The rule that there is no need of prior demand in malversation.
5. The absence of a requirement of damage in malversation.

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 Title Eight – Crimes against Perons

ARTICLE 248 MURDER

Murder – unlawful killing of any person which is not parricide or infanticide,

provided that any of the following circumstances is present:
1. With treachery, taking advantage of superior strength, with the aid of armed
men, or employs means to weaken the defense, or of means or persons to insure
or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his person or corpse. (As amended by RA No.
7659)

Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying circumstances mentioned
in Art. 248; and
4. That the killing is not parricide or infanticide.

Rules for the application of the circumstances which qualify the killing to
murder:
1. That murder will exist with only one of the circumstances described in Art.
248.
2. Where there are more than one qualifying circumstance present, only one will
qualify the killing, with the rest to be considered as generic aggravating
circumstances.
3. That when the other circumstances are absorbed or included in one qualifying
circumstance, they cannot be considered as generic aggravating.
4. That any of the qualifying circumstances enumerated in Art. 248 must be
alleged in the information.

 Dismemberment of a dead body is one manner of outraging or scoffing at

the corpse of the victim and qualifies the killing to murder (People vs.
Guillermo, G.R. No. 147786, January 20, 2004)

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  Outraging (physical act) – means to commit an extremely vicious or deeply
insulting act.
 Scoffing (verbal act) – means to jeer, and implies a showing of irreverence.
 If homicide or murder is committed with the use of an unlicensed firearm,
such use of an unlicensed firearm shall be considered as an aggravating
circumstance. (R.A. No. 8294, Sec. 1)
 Treachery and Evident Premeditation are inherent in murder by means of
Poison BUT the Use of Poison is not inherent in murder. It only becomes
inherent if there is an intent to kill and the poison is used as a means to
kill.

Title Nine – Crimes against Personal Liberty and Security

ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Elements:
1. That the offender is a private individual who is not any of the parents of the
victim nor a female; (People vs. Ponce G.R. No. 171653 April 24, 2007);
2. That he kidnaps or detains another, or in any other manner deprives the latter
of his liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is
present:
a. That the kidnapping or detention lasts for more than 3 days; or
b. That it is committed simulating public authority; or
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public
officer (People vs. Mercado, G.R. No. L-65152, August 30, 1984).

It is not necessary that the victim be placed in an enclosure. It may consist not
only in placing a person in an enclosure but also in detaining him or depriving
him in any manner of his liberty.
 The original Spanish version of Article 267 of the Revised Penal Code used
the term "lock up" (encarcerar) rather than "kidnap" (sequestrator or
raptor) which "includes not only the imprisonment of a person but also the
deprivation of his liberty in whatever form and for whatever length of
time." (People v. Baldogo G.R. Nos. 128106-07 January 24, 2003)
 The crime is committed when the offender left the child in the house of
another, where the child had freedom of locomotion but not the freedom
to leave it at will because of his tender age. (People v. Acosta, 60 O.G.
6999)
 The detention is illegal when not ordered by competent authority or not
permitted by law.
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xii
 Title Ten – Crimes against Property

ARTICLE 308 - THEFT

Theft – is committed by any person who, with intent to gain but without violence
or intimidation of persons nor force upon things, shall take the personal property
of another without the latter’s consent.

Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence against or
intimidation of persons or force upon things.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the same to the
local authorities or to its owner;

It is necessary to prove:
a. The time of the seizure of the thing;
b. That it was a lost property belonging to another; and
c. That the accused having had the opportunity to return or deliver the lost
property to its owner or to the local authorities, refrained from doing so.

 The term “lost property” embraces loss by stealing.

 The finder in law can also be held for theft.

2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by him;
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner; shall
hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm
products.

Elements:
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another;
2. That the offender enters the same;
3. That the offender hunts or fishes upon the same or gathers fruits, cereals, or
other forest or farm products in the estate or field; and
4. That the hunting or fishing or gathering of products is without the consent of
the owner.

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 Title Eleven – Crimes against Chastity

Crimes against chastity are also referred to as private crimes, or crimes which
cannot be prosecuted de officio, because of the requirement that the prosecution
thereof be upon a sworn written complaint of the offended party or certain
persons authorized by law.
The crimes against chastity which cannot be prosecuted de officio are:
a. Adultery (Art. 333)
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts. 336, 339)
d. Seduction whether qualified or simple (Arts. 337, 338), and
e. Abduction which may be forcible or consented (Arts. 342, 343)

But corruption of minors (Art. 340) and white slave trade (Art. 341) can be
prosecuted de officio.

ARTICLE 334 – CONCUBINAGE

Who are liable?

1. The married man
2. The woman who knew that the man was married.

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 (mistress must live therein
as such);
b. Having sexual intercourse under scandalous circumstances with a
woman who is not his wife (proof of actual sexual relations not required as
long as it can be inferred);
c. Cohabiting with her in any other place (as husband and wife);
3. As regards to the woman, she must know him to be married.

 Conjugal dwelling means the home of the husband and wife even if the
wife happens to be temporarily absent on any account.

 Scandalous circumstances are not necessary to make a husband guilty of

concubinage by keeping a mistress in the conjugal dwelling.

Scandal consists in any reprehensible word or deed that offends public

conscience, redounds to the detriment of the feelings of honest persons, and gives
occasion to the neighbor’s spiritual damage or ruin.
Cohabit means to dwell together, in the manner of husband and wife, for some
period of time, as distinguished from occasional transient interviews for unlawful
intercourse.

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  Adultery is more severely punished than concubinage.

Reason: Because adultery makes possible the introduction of another man’s

blood into the family so that the offended husband may have another man’s son
bearing his surname

Title Twelve – Crimes against the Civil Status of Persons

ARTICLE 349 -BIGAMY

Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved or, in case the spouse is absent the
absent spouse could not yet be presumed dead according to the Civil Code;
3. That he contracts a second marriage or subsequent marriage; and
4. That the second or subsequent marriage has all the essential requisites for
validity.

 First marriage must be valid. If it is void or voidable, bigamy may still be

committed if there is no judicial declaration of nullity or annulment of the
first marriage.
 Bigamy is a public crime, thus, its prosecution may be initiated by anyone.
 A person convicted of bigamy may still be prosecuted for concubinage.
 The death of the first spouse during the pendency of the bigamy case does
not extinguish the crime, because when the accused married the second
spouse the first marriage was still subsisting.
 The second spouse who knew of the first marriage is an accomplice, as well
as the person who vouched for the capacity of either of the contracting
parties.

Title Thirteen – Crimes against Honor

ARTICLE 358 SLANDER (oral defamation)

Kinds:
1. Simple slander
2. Grave slander, when it is of a serious and insulting nature

Factors that determine the gravity of the oral defamation:

1. Expressions used;
2. Personal relations of the accused and the offended party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended party.

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  The slander need not be heard by the offended party

Notes: Gossiping is considered as oral defamation if a defamatory fact is

imputed or intriguing against honor if there is no imputation.
Self-defense in slander may only be invoked if his reply is made in good faith,
without malice, is not necessarily defamatory to his assailant and is necessary

Title Fourteen - Quasi-Offenses

ARTICLE 365 IMPRUDENCE AND NEGLIGENCE

Four ways of committing quasi- offenses under Art 365:

1. By committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or
less grave felony or light felony;
2. By committing through simple imprudence or negligence an act which would
otherwise constitute a grave or less serious felony;
3. By causing damage to the property of another through reckless imprudence or
simple imprudence or negligence;
4. By causing through simple imprudence or negligence some wrong which, if
done maliciously, would have constituted a light felony

Reckless Imprudence – consists in voluntarily but without malice, doing or

failing to do an act from which material damage results by reason of inexcusable
lack of precaution on the part of the person performing or failing to perform such
act, taking into consideration his employment or occupation, degree of
intelligence, physical condition and other circumstances regarding persons, time
and place.

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Elements:
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the person
performing or failing to perform such act taking into consideration –
a. Employment or occupation.
b. Degree of intelligence, physical condition. And;
c. Other circumstances regarding persons, time and place.

Special Penal Laws

ANTI – FENCING LAW

(P.D. 1612)
Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the commission of the crime
of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells, or
disposes of, or shall buy and sell, or in any other manner deal any article, item,
object or anything of value which he knows, or should be known to him, to have
been derived from the proceeds of said crime;
3. Accused knows or should have known that said article, item, object or anything
of value has been derived from the proceeds of theft or robbery;
4. Accused has intent to gain for himself or another.

Fencing – the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or
shall buy and sell, or in any other manner deal any article, item, object or
anything of value which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.

Section 5. Presumption of Fencing.

 Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie
evidence of fencing.

Section 6. Clearance/Permit to Sell Used/ Second Hand Articles.

 All stores, establishments or entities dealing in the buy and sell of any
good, article, item, object or anything of value shall, before offering the
same for sale to the public, secure the necessary clearance or permit from
the station commander of the Integrated National Police in the town or
city where such store, establishment or entity is located.

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  Any person who fails to secure the required clearance/permit shall also be
punished as a fence.

 Fencing is not a continuing offense. The court of the place where fencing
was committed has jurisdiction over the case. The place where robbery or
theft took place is insignificant.
 An accessory to the crime of robbery or theft may also be held liable for
fencing.

ANTI-HAZING LAW
(R.A. No. 8049)
Hazing – is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish, and similar activities or otherwise
subjecting him to physical or psychological suffering or injury.
Allowed Initiation Rites (Section 2)
Those that have prior written notice to the school authorities or head of
organization 7 days before the conduct of such initiation. The written notice shall
contain the following:
1. Period of the initiation activities which shall not exceed 3 days
2. Names of those to be subjected to such activities
3. Undertaking that no physical violence be employed by anybody

What acts are punishable: All acts so long as it caused physical injuries at the
very least.
Persons liable:
1. Officers and members of the fraternity, sorority or organization who actually
participated in the infliction of physical harm shall be liable as principals – if the
person subjected to hazing suffers any physical injury or dies as a result thereof.
2. Owner of the place where the hazing is
conducted shall be liable as an accomplice – when he has actual knowledge of the
hazing conducted therein but failed to take any action to prevent the same from
occurring.
3. Parents shall be liable as principals – when they have actual knowledge of the
hazing conducted in the home of one of the officers or members of the fraternity,
sorority or organization, but failed to prevent the same.
4. School authorities and faculty members shall be liable as accomplices - when
they consent to the hazing or have actual knowledge thereof, but failed to take
any action to prevent the same from occurring.
5. Officers, former officers or alumni of the organization, group, fraternity or
sorority shall be liable as principals - if they actually planned the hazing, although
not present when the acts constituting the hazing were committed.

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6. Officers or members of the organization, group, fraternity or sorority shall be
liable as principals - if they knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat.
7. The fraternity or sorority’s adviser shall be liable as principal - if he was
present when the acts constituting the hazing were committed and failed to take
any action to prevent the same.

 The presence of “any person” (i.e. whether or not member of the

fraternity/sorority) during the hazing is prima facie evidence of
participation therein as a principal UNLESS he prevented the
commission of the prohibited acts.
 The mitigating circumstance that there was no intention to commit so
grave a wrong shall NOT APPLY.

Comprehensive Dangerous Drugs Act of 2002 (Repealing RA No.

6425, otherwise known as the Dangerous Drugs Act of 1972)
(RA 9165)

Controlled precursors and essential chemicals (CP/EC) – include those

listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances
Dangerous Drugs (DD) – include those listed in the Schedules annexed to the
1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and
in the Schedules annexed to the 1971 Single Convention on Psychotropic
Substances
 Any person charged under any provision of this Act regardless of the
imposable penalty shall NOT be allowed to avail of the provisions of plea-
bargaining. (Sec. 23)
 Any person convicted for drug trafficking or pushing under this Act, regardless
of the penalty imposed by the Court, CANNOT avail of the privilege granted by
the Probation Law (PD No. 968, as amended). (Sec. 24)
 Notwithstanding the provisions of the law to the contrary, a positive finding
for the use of dangerous drugs shall be a QUALIFYING AGGRAVATING
CIRCUMSTANCE in the commission of a crime by an offender, and the
applicable penalty provided for in the RPC shall be applicable. (Sec. 25)
 All proceeds and properties derived from the unlawful acts under this Act shall
be confiscated and forfeited in favor of the State (Sec. 20)
 PDEA shall take charge and have custody of all DD, CP/EC and equipment/
paraphernalia confiscated, seized or surrendered for proper disposition. (Sec. 21)
 If the violators are government officials and employees, maximum penalties of
the unlawful act plus absolute perpetual disqualification from any public office
shall be imposed. (Sec 28).

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 In addition to the penalties prescribed in the unlawful act committed, any
alien who violates such provisions of this Act shall, after service of sentence, be
deported immediately without further proceedings,

BOUNCING CHECKS LAW

(B.P. Blg. 22)
Offenses Punished under BP 22:
A. Making or Drawing and issuing a check knowing at the time of issue that he
does not have sufficient funds.

Elements:
1. That a person makes or draws and issues any check to apply on account or for
value.
2. That the person knows that at the time of issue he does not have sufficient
funds or credit with the drawee bank for the payment of such check upon its
presentment
3. That the check is subsequently dishonored by the drawee bank for insufficiency
of funds or credit, or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered the bank to
stop payment.

Requisites for Criminal Liability under BP 22

1. A person makes, draws or issues a check as payment for account or for value.
2. That the check was dishonored by the bank due to a lack of funds, insufficiency
of funds or account already closed.
3. The payee or holder of such check gives a written notice of dishonor and
demand for payment.
4. That the maker, drawer or issuer, after receiving such notice and demand,
refuses or fails to pay the value of the check within FIVE BANKING DAYS.

 It is not the making, drawing, or issuance, nor the dishonor of the check which
gives rise to a violation of BP 22, but rather the failure to make good the check
within FIVE BANKING DAYS from receipt of the Notice of Dishonor and
Demand for Payment.

Take Note: While the written notice of dishonor and demand is not an element
in the violation of BP 22, the failure to give such notice to the maker, drawer or
issuer of the bouncing check is FATAL to an action to hold the latter criminally
liable.

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 ANTI CARNAPPING ACT of 1972
(R.A. no. 6539)
Carnapping - taking, with intent to gain, of motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation of
persons, or by using force upon things.
Motor Vehicle – any vehicle which is motorized using the streets which are
public, not exclusively for private use, comes within the concept of motor vehicle.
It includes all vehicles propelled by power, other than muscular power.
 If the OWNER, DRIVER OR OCCUPANT of a carnapped vehicle is killed
or raped in the course of the commission of the carnapping or on the
occasion thereof, the penalty of reclusion perpetua to death shall be
imposed.

 Since Sec. 14 of RA 6539 uses the words “IS KILLED,” no distinction must
be made between homicide and murder.

 If the motor vehicle was not taken by the offender but was delivered by the
owner or the possessor to the offender, who thereafter misappropriated
the same, the crime is either qualified theft or estafa

Qualified Theft only: If material or physical possession was given to the

offender
Estafa only: If material plus juridical possession were given to the offender

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