Crim Reviewer For Mockbar
Crim Reviewer For Mockbar
Crim Reviewer For Mockbar
Violation of the RPC are referred to as malum in se, which means Prospective
that the act is inherently evil or bad. On the other hand, violations of Forward looking and never retroactive
Special Laws are generally referred to as malum prohibitum.
GENERAL
Construction of Penal Laws GR: All penal laws are binding on all persons who live or sojourn in
Penal laws are strictly construed against the government and the Philippines.
liberally in favor of the accused. However this does not apply if the
law is clear and unambiguous. People vs. Galacgac
Accused contended that being an American exempts him from
People vs. Garcia securing permits from the government, much less be convicted for
-Responded was accused of violating a law prohibiting the selling of the crime of illegal possession of firearms because it is their
PCSO tickets without being authorized. Accused claimed he hold constitutional right.
llave tickets. Responded is acquitted because the law does not
expressly prohibit the selling of llave tickets. Held: The Philippines is a sovereign states with the obligation and
right to every to uphold its laws and maintain order within its
domain, and with the general jurisdiction to punish persons for
offenses committed within its territory, regardless of the nationality 5. Commit any of the crimes against national security and law
of the offender. of nations defines in book 2.
One who, at the time of his trial for one crime shall have been
previously convicted by final judgement for another crime embraced
in the same title of the RPC.
Complex Crime
In complex crimes, although 2 or more crimes are actually
committed, they constitute only one crime in the eyes of the law as
well as in the conscience of the offender.
Special Complex Crime When a victim survivor is suffering from BWS, she does not incur
Is composed of two or more crimes that the law treats as a single criminal and civil liability notwithstanding the absence of any of the
indivisible and unique offense for being the product of a single elements for justifying circumstances of self-defense…
criminal impulse. It is a specific crime with a specific penalty
provided by law, and differs from a compound or complex crime. Battered woman syndrome: is when a woman is repeatedly
subjected to any forceful physical or psychological behavior of a man
Example: Rape with Homicide, Robbery in order to coerce her to do something he wants her to do without
concern for her rights.
1. Incomplete justifying or exempting circumstance; All the law requires is voluntary plea of guilt prior to the presentation
(BAR 1990, 1996) of the evidence by the prosecution.
2. The offender is under 18 or over 70 years old;
3. No intention to commit so grave a wrong (praeter Reason: For the spontaneous willingness of the accused to admit the
intentionem); (BAR 2000, 2001) commission of the offense charged, which is rewarded by the
4. Sufficient threat or provocation; mitigating circumstance, is absent.
5. Vindication of a grave offense; (BAR 1993,2000, 2003)
6. Passion or obfuscation;
7. Voluntary surrender; (BAR 1992, 1996, 1997, 1999) IV. Aggravating Circumstances
8. Physical defect;
9. Illness of the offender; An aggravating circumstance are those that serve to increase the
10. Similar and analogous circumstances; and penalty without, however, exceeding the maximum of the penalty
11. Humanitarian reasons (Jarillov.People, G.R.No. 164435, provided by law for the offense.
September 29, 2009).
The basis is the greater perversity of the offender manifested in the
commission of the crime.
1. Requisites of Voluntary Surrender:
Kinds of aggravating circumstances (BAR 1999)
1. the offender has not actually been arrested; 1. Generic or those that can generally apply to almost all
2. the offender surrendered himself to a person in authority; crimes.
and
3. the surrender must be voluntary. 2. Specific or those that apply only to particular crimes.
Example:
Note: A surrender, to be voluntary must be spontaneous, i.e., there Unlicensed firearms in robbery in band (RPC, Art.
must be an intent to submit oneself to authorities, either because he 296),
acknowledges his guilt or because he wishes to save them the Positive finding in the use of dangerous drugs for
trouble and expenses in capturing him (People v. Saul, 2001). crimes punishable under RA 9165
3. Qualifying or those that change the nature of the crime. Use of unlicensed firearm under the old Firearms law (RA
Examples: 8294)
By means of poison If homicide or murder is committed with the use of unlicensed
With the aid of armed men firearm, such use of unlicensed firearm shall be considered as an
Treachery, in killing persons aggravating circumstance. If an unlicensed firearm is used to commit
Grave abuse of confidence which makes stealing as qualified a crime other than homicide or murder, such as direct assault with
theft attempted homicide, the use of unlicensed firearm is neither an
aggravating nor a separate offense (People v. Walpan Ladjaamlam,
4. Inherent or those that must of necessity accompany the G.R. No. 136149-51, September 19, 2000).
commission of the crime.
Examples: Use of loose firearm considered absorbed as an element of
Abuse of public office in bribery; the crime committed
Breaking of a wall or unlawful entry into a house in robbery If the use of loose firearm is in furtherance of or incident to, or in
with the use of force upon things; connection with the crime of rebellion or insurrection, or attempted
Fraud in estafa; coup d’etat, such shall be absorbed as an element of the crimes
Deceit in simple seduction; mentioned (par. 2, Sec. 29, RA 10591).
Ignominy in rape;
Evident premeditation in robbery and estafa; Q: If an unlicensed firearm was used to kill a
Disregard of respect due the offended party on account of person, can he be held guilty for a separate offense of illegal
rank in direct assault; possession of firearms aside from murder or homicide?
Superior strength in treason; and A: NO. Where murder or homicide results from the use of an
Cruelty in mutilation. unlicensed firearm, the crime is no longer qualified illegal possession,
but murder or homicide, as the case may be. In such a case, the use
of the unlicensed firearm is not considered as a separate crime but
Unlicensed firearms shall be appreciated as an aggravating circumstance. In view of the
amendments introduced by RA 8294 to PD 1866, separate
NOTE: PD 1866 (as amended by RA 8294) has been superseded by prosecutions for homicide and illegal possession are no longer in
the new Firearms law (RA 10591). order. Instead, illegal possession of firearms is merely to be taken as
an aggravating circumstance in the homicide case (People v.
Loose firearm Avecilla, G.R. No. 117033, February 15, 2001).
Loose firearm refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or stolen, illegally NOTE: Same ruling will be applicable in the new
manufactured firearms, registered firearms in the possession of an Firearms law.
individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations (par. (v), Sec. 3, RA In Section 29 of RA 10591, the use of a loose firearm, when inherent
10591). in the commission of a crime punishable under the RPC or other
special laws, shall be considered as an aggravating circumstance.
Otherwise, the use or possession of loose firearms and violation of 5. If the victim of the offense is a minor or mentally
other penal law shall be treated as distinct crimes and will thus be incapacitated individual, or should a dangerous drug and/or
punished separately. controlled precursor and essential chemicals involved in any
offense be the proximate cause of the death of the victim
(par. 4, Sec. 5, RA 9165).
Positive finding in the use of dangerous drugs for crimes 6. In case the clandestine laboratory is undertaken or
punishable under RA 9165 established under the following circumstances:
Any phase of the manufacturing process
Notwithstanding the provisions of any law to the contrary, a positive was conducted in the presence or with the
finding for the use of dangerous drugs shall be a qualifying o help of minor/s;
aggravating circumstance in the commission of a crime by an Any phase of manufacturing process was
offender, and the application of the penalty provided for in the o established or undertaken within one hundred (100)
Revised Penal Code shall be applicable (Sec. 25, RA 9165). (BAR meters of a residential, business, church or school
2005, 2009) premises;
o Any clandestine laboratory was secured or protected
NOTE: The drug test in Section 15 does not cover persons by booby traps;
apprehended or arrested for any unlawful acts listed under Article II o Any clandestine laboratory was concealed with
of R.A. 9165. Thus, this qualifying aggravating circumstance shall be legitimate business operations; or
considered only to crimes punishable under RA 9165 (Dela Cruz v. Any employment of a practitioner, chemical
People, GR 200748, July 23, 2004). engineer, public official or foreigner (Sec. 8,
a. RA 9165).
Other aggravating circumstances in drug related cases 1. In case the person uses a minor or a mentally incapacitated
1. If the importation or bringing into the Philippines of any individual to deliver equipment, instrument, apparatus, and
dangerous drugs and/or controlled precursor and essential other paraphernalia for dangerous drugs (par. 3, Sec. 10, RA
chemicals was done through the use of a diplomatic 9165).
passport, diplomatic facilities or any other means involving 2. Any person found possessing any dangerous drug during a
his/her official status intended to facilitate the unlawful entry party, or a social gathering or meeting, or in the proximate
of the same (par. 3, Sec. 4, RA 9165). company of at least two (2) person (Sec. 13, RA 9165).
2. If the sale trading, administration, dispensation, delivery, 3. Possession or having under his/her control any equipment,
distribution or transportation of any dangerous and/or instrument, apparatus and other paraphernalia fit or
controlled precursor and essential chemical transpired within intended for smoking, consuming, administering, injecting,
one hundred (100) meters from school (par. 2, Sec. 5, RA ingesting or introducing any dangerous drug into the body,
9165). during parties, social gatherings or meetings, or in the
3. For drug pushers who use minors or mentally proximate company of at least two (2) persons (Sec. 14, RA
4. incapacitated individuals as runners, couriers and 9165).
messengers, or in any other capacity directly connected to
the dangerous drug and/or controlled precursor and
essential chemical trade (par. 3, Sec. 5, RA 9165).
V. Alternative Circumstances Degree of Instruction and Education
Are those circumstances which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the GR: Lack or Low degree of instruction and education is mitigating in
crime and the other condition attending its commission. all crimes.
These are: XPN: Crimes against property, Theft and Robbery, Crimes against
Relationship Chastity, Murder or homicid, Rape, Treason.
Intoxication
Degree of instruction GR: High degree of instruction is aggravating when the offender
Education of the offender avails his knowledge in the commission of the crime.
Relationship NOTE: If the offender is a lawyer who committed rape, the fact that
Note: By analogy, relationship is mitigating when its comes to crimes that he has knowledge of the law will not aggravate his liability; but
against property. There is no criminal liability but only civil liability. id a lawyer committed falsification, that will aggravate his criminal
liability if it be proven that he used his special knowledge as a lawyer
If the crime against persons is any of the serious physical injuries, and he took advantage of his learning in committing the crime.
the fact that the offended party is a descendant of the offender is
not mitigating.
VI. Absolutory Cause
Relationship is neither mitigating nor aggravating when relationship
is an element of the offense. Absolutory causes are those where the act committed is a crime but
for reason of public policy and sentiment there is no penalty
Example: Parricide, adultery, concubinage imposed.
Intoxication Examples.
It is mitigating when: 1. Spontaneous desistance in attempted felonies
1. Not habitual 2. Light felonies in attempted or frustrated stages, except in
2. Not subsequent to the plan to commit a felony crimes against persons or property
3. At the time of the commission of the crime, the accused has 3. Accessories in light felonies
taken such quantity of alcoholic drinks as to blur his reason 4. Accessory is a relative of the principal, except when he has
and deprive him of certain degree of control. profited or assisted in profiting from the effects of the crime
5. Discovering secrets of ward through seizure of
It is aggravating when: correspondence by their guardian
1. Habitual 6. When only slight or les serious injuries are inflicted by the
2. Intentional (subsequent to the plan to commit a felony) person who surprised his/her spouse or daughter in the act
of sexual intercourse with another person.
7. Crime of theft, swindling or malicious mischief committed
against as spouse, ascendant, or descendant or if the
offender is a brother or sister or brother-in-law or sister-in- Principal by Direct Participation
law of the offended party and they are living together Principals by direct participation are those who materially execute
8. Instigation the crime. They appear at the crime scene and perform acts
9. Trespass to dwelling when the purpose of entering another’s necessary for the commission of the crime.
dwelling against the latter’s will is to prevent some serious
harm to himself, the occupants of the dwelling or a third “Personally took part in the commission of the crime”
person, or for the purpose of rendering some services to
humanity or justice, or when entering safes, taverns, inns 1. The principal by direct participation must be at the scene of
and other public houses while the same are open. the commission of the crime, personally taking part in its
execution; and
2. If there is conspiracy, although he was not present in the
scene of the crime, he is equally liable as a principal by
Persons Criminally Liable/ Degree of Participation direct participation.
A conspirator who does not appear at the scene of the crime is not
Persons criminally liable
liable. His non-appearance is deemed a desistance on his part unless
1. Principals
he is the mastermind.
2. Accomplices
3. Accessories
Conspirators are liable for the acts of another conspirator even
Light Felonies though such acts differ radically and substantially from that which
1. Principals they intend to commit.
2. Accomplices
When the conspirators select a particular individual to be a victim,
Light felonies are punishable in attempted and frustrated stage but and another person was killed by one of them, only that conspirator
only principal and accomplices are liable. who killed another person would be liable.
Cooperation in the commission of the offense NOTE: In case of doubt, the participation of the offender will be
Cooperation in the commission of the offense means to desire or considered that of an accomplice rather than that of a principal.
wish a common thing. But that common will or purpose does not
necessarily mean previous understanding, for it can be explained or Q: A, wanting to kidnap B while playing at a park, forced B to come
inferred from the circumstances of each case. with him at a nearby wharf. There, he saw C and D ready to leave,
with their boats. C, without putting any resistance and fully
acquiescing to the acts of A allowed him, to transport the kidnapped
victim, thereby facilitating the commission of the crime. Is C liable as 1. By previous act - lending a knife or a gun to the murderer,
an accomplice or a principal by indispensable cooperation? knowing the latter’s criminal purpose.
2. By simultaneous act - the defendant who held one of the
A: C is liable as an accomplice. His act was not indispensable to the hands of the victim and tried to take away the latter’s
commission of the crime because A may also use the boat of D in revolver, while his co- defendant was attacking him, is an
order to accomplish his criminal design. His simultaneous act was accomplice for he cooperated in the execution of the crime
necessary in the execution of the crime. If C was the only one who is by simultaneous act without any previous agreement or
present in the wharf, and A could not have accomplished the crime understanding (Estrada, 2008).
except with the participation of C, then C would be a principal by
indispensable cooperation. Accessories
--- Accessories are those who do not participate in the criminal design,
NOTE: In determining whether the offender is a principal or nor cooperate in the commission of the felony, but with knowledge
accomplice, the basis is the importance of the cooperation to the of the commission of the crime, he subsequently takes part in three
consummation of the crime. ways by:
Accomplice vis-à-vis Conspirator (BAR 2007) 1. Profiting or assisting the offender to profit by the effects of
the crime;
1. An accomplice incurs criminal liability by merely cooperating 2. Concealing or destroying the body of the crime to prevent its
in the execution of the crime without participating as a discovery; and
principal, by prior or simultaneous acts, whereas a
conspirator participates in the commission of a crime as a NOTE: Where the accused misleads the authorities by giving them
co-principal. false information, such act is equivalent to concealment and he
2. An accomplice incurs criminal liability in an individual should be held as an accessory.
capacity by his act alone of cooperating in the execution of
the crime while a conspirator incurs criminal liability not only 3. Harboring, concealing or assisting in the escape of the
for his individual acts in the execution of the crime but also principal of the crime. (BAR 2008)
from the acts of the other participants in the commission of
the crime collectively. The acts of the other participants in The accessory comes into the picture when the crime is already
the execution of the crime are considered also as acts of a consummated, not before the consummation of the crime.
conspirator for purposes of collective criminal responsibility. NOTE: One cannot be an accessory unless he knew of the
3. An accomplice participates in the execution of a crime when commission of the crime; however, he must not have participated in
the criminal design or plan is already in place; whereas a its commission.
conspirator participates in the adoption or making of the
criminal design. If the offender has already involved himself as a principal or an
4. An accomplice is subjected to a penalty one degree lower accomplice, he cannot be held as an accessory any further even if he
than that of a principal, whereas a conspirator incurs the performed acts pertaining to an accessory.
penalty of a principal.
Other examples of cooperation by an Accomplice
Instances when accessories are not criminally liable loan. During the trial, MCB raised the defense that being the mother
1. When the felony committed is a light felony. of DCB, she cannot be held liable as an accessory. Will MCB’s
2. When the accessory is related to the principal as spouse, or defense prosper? (BAR 2004)
as an ascendant, or descendant or as brother or sister
whether legitimate, natural or adopted or where the A: NO, MCB’s defense will not prosper because the exemption from
accessory is a relative by affinity within the same degree, criminal liability of an accessory by virtue of relationship with the
unless the accessory himself profited from the effects or principal does not cover accessories who themselves profited from or
proceeds of the crime or assisted the offender assisted the offender to profit by the effects or proceeds of the
3. to profit therefrom (RPC, Art. 20). crime. This non-exemption of an accessory, though related to the
principal of the crime, is expressly provided in Art. 20 (RPC).
Accessories who are exempt from criminal liability (BAR 1998, Q: Immediately after murdering Bob, Jake went to his mother to
2004, 2010) seek refuge. His mother told him to hide in the maid’s quarter until
she finds a better place for him to hide. After two days, Jake
GR: An accessory is exempt from criminal liability, when the principal transferred to his aunt’s house. A week later, Jake was apprehended
is his: by the police. Can Jake’s mother and aunt be made criminally liable
1. Spouse as accessories to the crime of murder?
2. Ascendant (BAR 2010)
3. Descendant
4. Legitimate, natural, or adopted brother, A: The mother is exempt from criminal liability under Art. 20 of the
5. sister or relative by affinity within the same degree. RPC as a result of her relationship to her son; however, the aunt is
liable as accessory under Art. 19 paragraph 3 of the RPC if the
XPN: Accessory is not exempt from criminal liability even if the author of the crime is guilty of murder. The relationship between an
principal is related to him, if such accessory: aunt and a nephew does not fall within the classification for
1. Profited by the effects of the crime; or exemption.
2. Assisted the offender to profit from the effects
3. of the crime. Obstruction of Justice PD 1892
4. The exemption provided in this article is based on the ties of The purpose of the law is to discourage public indifference or apathy
blood and the preservation of the cleanliness of one’s name, towards the apprehension and prosecution of criminal offenders. It is
which compels one to conceal crimes committed by relatives necessary to penalize acts which obstructs or frustrates or tend to
so near as those mentioned in this article. Nephew and niece obstruct or frustrate the successful apprehension and prosecution of
are not included. criminal offenders.
5. Public officer contemplated under par. 3 of Art. 19 are
exempt by reason of relationship to the principal, even such PUNISHABLE ACTS
public officer acted with abuse of his public functions. Any person, who knowingly or willfully obstructs, impedes, frustrates
or delays the apprehension of suspects and the investigation and
Q: DCB, the daughter of MSB, stole the earrings of a stranger. MCB prosecution of criminal cases by committing any of the following
pawned the earrings with TBI Pawnshop as a pledge for Php500 acts:
1. Preventing witnesses from testifying in any criminal Giving of false or fabricated information to mislead or prevent the
proceeding or from reporting the commission of any offense law enforcement agencies from apprehending the offender or from
or the identity of any offender/s by means of bribery, protecting the life or property of the victim or frabricating
misrepresentation, deceit, intimidation, force or threats; information from the data gathered in confidence by investigating
2. Altering, destroying, suppressing or concealing any paper, authorities for purposes of background information and not for
record, document, or object, with intent to impair its verity, publication and publishing or disseminating the same to mislead the
authenticity, legibility, availability, or admissibility as investigator or the court (PD 1829, Sec. 1).
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or NOTE: If any of the foregoing acts are committed by a public official
official proceedings in, criminal cases; (BAR 2005) or employee, he shall, in addition to the penalties provided there
3. Harboring or concealing, or facilitating the escape of, any under, suffer perpetual disqualification from holding public office.
person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal Q: Senator Juan Ponce Enrile was charged under PD 1829, for
laws in order to prevent his arrest, prosecution and allegedly accommodating Col. Gregorio Honasan by giving him food
conviction; and comfort in 1989. The complaint states that “knowing that Col.
4. Publicly using a fictitious name for the purpose of concealing Honasan is a fugitive from justice, Sen. Enrile did not do anything to
a crime, evading prosecution or the execution of a have Honasan arrested and apprehended.” While the complaint was
judgment, or concealing his true name and other personal filed, a charge of rebellion against Sen. Enrile was already instituted.
circumstances for the same purpose or purposes; Is Sen. Juan Ponce Enrile liable under PD 1829?
5. Delaying the prosecution of criminal cases by obstructing the
service of process or court orders or disturbing proceedings A: NO. Sen. Enrile could not be separately charged under PD 1829,
in the fiscal's offices, in Tanodbayan, or in the courts; as this is absorbed in the charge of rebellion already filed against
6. Making, presenting or using any record, document, paper or Sen. Enrile (Enrile v. Hon. Admin., G.R. No. 93335, September 13,
object with knowledge of its falsity and with intent to affect 1990).
the course or outcome of the investigation of, or official
proceedings in, criminal cases; While Art. 20 exempts certain persons from criminal liability, for
7. Soliciting, accepting, or agreeing to accept any benefit in being an accessory, PD 1829 penalizes the act of any person,
consideration of abstaining from, discounting, or impeding without any distinction, who knowingly or wilfully obstructs,
the prosecution of a criminal offender; impedes, frustrates or delays the apprehension of suspects and the
8. Threatening directly or indirectly another with the infliction investigation and prosecution of criminal cases, which is an act of an
of any wrong upon his person, honor or property or that of accessory. Thus, those exempted as accessory to the crime
any immediate member or members of his family in order to committed under the Revised Penal Code can still be prosecuted as
prevent such person from appearing in the investigation of, principals for Obstruction of Justice under PD 1829. The benefits of
or official proceedings in, criminal cases, or imposing a the exception provided in Art. 20 of the RPC do not apply to PD 1829
condition, whether lawful or unlawful, in order to prevent a since under Art. 10 of the Revised Penal Code, offenses which are
person from appearing in the investigation of or in official punishable under special laws are not subject to the provisions of the
proceedings in, criminal cases; and Code and shall only be supplementary to such laws. PD 1829, being
a special law, is thus controlling, with regard to offenses specially Penalties that may be imposed
punished.
Only that penalty prescribed by law prior to the commission of the
Accessory charged simultaneously under Art. 19(3) and for felony may be imposed. No person shall be subject to criminal
violating PD 1829 prosecution for any act of his until after the State has defined the
A person who harbors, conceals or assist in the escape of an author crime and has fixed a penalty therefore (U.S. v. Parrone, G.R. No.
of the crime can be charged simultaneously as accessory under Art. 7038, January 7, 1913). It is a guaranty to the citizen of this country
19(3) and for violating PD 1829; what the Constitution prohibits is that no act of his will be considered criminal until the government
putting an accused twice in jeopardy for the same offense. has made it so by law and has provided a penalty.
NOTE: The basis of the right to punish violations of penal law is the
police power of the State.
Act Prohibiting the imposition of Death Penalty RA9346 Purpose of the law
The penalty meted out was thus reduced to reclusion perpetua. For justice, because the State has an existence of its own to
Furthermore, Sec. 3 (RA 9346) provides that “persons convicted of maintain, a conscience to assert and moral principles to be
offenses punished with reclusion perpetua, or whose sentences will vindicated. Penal justice rests primarily on the moral rightfulness of
be reduced to reclusion perpetua, by reason of this Act, shall not be the punishment imposed (Gregorio, 2008).
eligible for parole under Act No. 4103, known as the Indeterminate
Sentence Law, as amended.” Effect of an absolute repeal of penal laws
GR: The effect of depriving a court to its authority to
Death penalty is not abolished punish a person charged (Boado, 2008).
Death penalty is not abolished. It is only prohibited to be imposed XPN:
(People v. Muñoz, 170 SCRA 107, February 9, 1989). Inclusion of a saving clause in the repealing statute that
provides that the repeal shall have no effect on pending
For the purposes of determining the proper penalty due to the actions.
presence of mitigating and aggravating circumstances, or due to the Where the repealing act re-enacts the former statute and
nature of the participation of the offender, it remains in the statute, punishes the act previously penalized under the old law. In
and it shall be reckoned with. What is prohibited in RA 9346 is only such instance, the act committed before the re-enactment
the imposition of the death penalty. continues to be an offense, regardless of whether the new
penalty to be imposed is more favorable to the accused
NOTE: However, the corresponding civil liability should be the civil (Benedicto v. CA, G.R. 125359, September 4, 2001).
liability corresponding to death (People v. Salome, G.R. No. 169077,
August 31, 2006). Example: RA 10158, otherwise known as “An Act Decriminalizing
Vagrancy”.
Penalty imposed in lieu of the death penalty
In lieu of the death penalty, the following shall be imposed:
Classification of Penalties
Reclusion perpetua ‐ when the law violated makes use of the Principal penalties- those expressly imposed by the court in the
nomenclature of the penalties of the RPC; or judgement of conviction
Life imprisonment ‐ when the law violated does not make
use of the nomenclature of the penalties of the RPC (Sec. Accessory penalties – those that are deemed included in the
2). imposition of the principal penalties.
Persons convicted of offenses punished with reclusion perpetua, or Scale in Art. 25 - General classification based on severity, nature,
whose sentences will be reduced to reclusion perpetua, by reason of and subject matter.
this act, shall not be eligible for parole under Act No. 4103 otherwise
known as the Indeterminate Sentence Law (as amended R.A. 9346, Scale in Art. 70 – For successive service of sentences imposed on the
Sec 3). same accused, in consideration of the severity and nature.
NOTE: When there are two aggravating circumstances and there is Eg. Under Rule 7, the court can impose an intermediate penalty
no mitigating circumstance, the penalty prescribe by law for the between four months and one day to six months. It may impose four
crime should be imposed in its maximum period. months and one day, five months, or six months.
4. When there are aggravating and mitigating — the court shall NOTE: Article 64 is not applicable when the penalty is indivisible or
offset those of one class against the order according to their prescribe by special law or fine.
relative weight.
In what cases are mitigating and aggravating circumstances are not
NOTE: Mitigating must be ordinary, no privileged; aggravating must considered?
be generic or specific, not qualifying or inherent. When the penalty is single and indivisible.
5. Two or more mitigating and no aggravating — penalty next In felonies through negligence. Rules and application are
lower in the period applicable, according to the number and found on Article 365 of the RPC
nature of the circumstances The penalty to be imposed upon a MORO or other Non-
Christian inhabitants. It lies in the discretion of the trial
Eg. Penalty for the offense is Reclusion Temporal Maximum to court, irrespective of the attending circumstances.
Reclusion Perpetua. That penalty should be lowered by one When the penalty is only fine imposed by an ordinance.
degree because or presence of mitigating. When the penalties are prescribed by special laws.
CASE: A was sentenced to Reclusion Temporal for a crime of 4. Indeterminate Penalty, when there are mitigating
homicide. (No mitigating and aggravating) and aggravating (Art. 64, Par. 4)
Art. 64, Par. 2 CASE: A was sentenced to Reclusion Temporal for a crime of
Only a mitigating — minimum period homicide.
CASE: A was sentenced to Reclusion Temporal for a crime of Mitigating: surrendered voluntarily to authority
homicide. Mitigating circumstance: A pleaded guilty. Aggravating: committing homicide at nighttime purposely sought
MAXIMUM= Reclusion Temporal in minimum period MAXIMUM= Reclusion Temporal in minimum period
MINIMUM= Prision Mayor *with/ without referencing to the MINIMUM= Prision Mayor *in any of its periods or anywhere within
referencing to the period which it may be subdivided. its range.
CASE: A threatened to kill B if he would not give him a certain CASE: A committed crime of estafa through falsification of public by
amount of money. A failed to attain purpose because he was a public officer. Penalty for more serious crime which is falsification
arrested by police upon complaint of B. is Prision Mayor.
Under Article 282 of RPC, crimes under grave threats if not attained With the presence of 2 mitigating (voluntary surrender and please of
is punishable with a penalty lower by 2 degrees than that prescribe guilt) penalty next lower to that provided by law shall be imposed.
by law.
For purpose of ISL penalty next lower should be determined before
-Penalty for homicide = Reclusion Temporal applying minimum period as provided by ISL.
-One Aggravating= Reclusion Temporal in Maximum
-Lower by 2 degrees= Prision Correccional in Maximum -Penalty for falsification= Prision Mayor
-2 mitigating= Prision Correccional in Maximum (Bec. Complex
crime)
Art. 68
(penalty) always lower by two degrees at least than that
prescribe by law for the crime which he committed
Art. 69
A penalty lower by one or two degrees than that prescribe CASE: A Killed B in incomplete self-defense. There was unlawful
by law shall be imposed if the deed is not wholly excusable aggression on the part of B and lack of sufficient provocation on the
by reason of the lack of some of the conditions required to part of A. But the means employed by A in defending himself was
justify the same… not reasonable. A acted with obfuscation and, after killing B,
surrendered himself to the authorities. There was no aggravating
-Penalty for homicide= Reclusion Temporal circumstance.
-lower by 2 degrees= Prision Correctional in Minimum
-Penalty for homicide= Reclusion Temporal
MAXIMUM= Prision Correccional in Minimum -lowered by 2 degreed = Prision Correccional
MINIMUM= Arresto Mayor in Minimum
MAXIMUM= Prision Correccional
MINIMUM= Arresto Mayor
-Penalty for homicide= Reclusion Temporal CASE: A committed murder, qualified by treachery, with the
-lower by 2 degrees= Prision Correctional in Medium mitigating circumstance of voluntary plea of guilt and voluntary
surrender, and without any aggravating circumstance.
MAXIMUM= Prision Correccional in Medium
MINIMUM= Arresto Mayor in Medium -Penalty murder=Reclusion temporal Maximum to death
-1 degree lower= Prision mayor Max to RT Mid
11. Indeterminate Penalty when there is incomplete MAXIMUM=Prision mayor Max - Reclusion temporal Mid
defense with 2 ordinary mitigating circumstance , MINIMUM=Presion Correccional Max - Prision Mayor Mid
and without any aggravating
13. Indeterminate Penalty, when the crime committed is
robbery in inhabited house, and the penalty is to be ISL not applicable to the following:
lowered by one degree
1. Persons convicted of offenses punished with death penalty
CASE: A pleaded guilty to the charge of robbery in an inhabited or life imprisonment
house defined and penalized in Article 299 of the Code. 2. Those convicted of treason, conspiracy or proposal to
commit treason.
3. Those convicted of misprision of treason, rebellion, sedition
-Penalty for robbery in an inhabited house= Reclusion Temporal or espionage.
-There being no allegation that A was armed penalty to be imposed 4. Those convicted of piracy.
in minimum period next lower= Prision mayor in minimum 5. Those who are habitual delinquent.
-Since no aggravating and mitigating it shall be imposed in the 6. Those who shall have escaped from confinement or evaded
medium period= Prision Mayor in medium sentence.
7. Those who violated the terms of conditional pardon granted
MAXIMUM=Prision Mayor medium to them by the Chief Executive.
MINIMUM=Presion Correccional *within the period 8. Those whose maximum term of imprisonment does not
exceed one year.
*The minium of the ISL is within the range of the penalty next lower 9. Those who upon the approval of the law (Dec. 5, 1933) had
degree from Prision mayor (distrgarding the fact that there is an been sentenced by final judgement.
imposed minimum period). 10. Those sentenced to the penalty of destierro or suspension
Prescription of Penalties
The State or the People lose the right to prosecute the crime or to
demand service of the penalty imposed (Santos v. Superintendent,
G.R. No. 34334, November 28, 1930).
Prescription of crimes (Art. 90, RPC) (BAR 1994, 1997, 2004, 2010)
Those punishable by:
1. Death, reclusion perpetua, reclusion temporal in twenty (20)
years;
2. Other afflictive penalties (prision mayor) in fifteen (15)
years;
3. Correctional penalty (prision correccional) in ten (10) years;
4. Arresto mayor in five (5) years;
5. Light offenses in two (2) months.
Amnesty
A: NO. Pardon by the Chief Executive must specify the crime and
does not include those not specified in the pardon.
It is an act of sovereign power granting oblivion or a general pardon
for a past offense, and is rarely, if ever exercised in favor of a single
individual, and is usually exerted in behalf of persons, who are
subject to trial, but have not yet been convicted (Brown v. Walker,
161 U.S. 602).
BOOK TWO
CRIMES AGAINST NATIONAL SECURITY
DEFFINITION OF TERMS
ANTI- PIRACY AND ANTI-HIGHWAY ROBBERY PIRACY
Any attack upon or seizure of any vessel by means of
INTENTION OF THE LAW violence against or intimidation of persons or force upon
o The law penalizes those found guilty of piracy and highway things committed by any person including a passenger or
robbery. member of the complement of the said vessel in Philippine
o Under the whereas clause, the law was created following waters.
reports from law-enforcement agencies that lawless
elements are still committing acts of depredation on persons VESSEL
traveling thru land an sea. Any vessel or watercraft used for transport of passenger and
o The law also aims to discourage from perpetrating such acts cargo from one place to another through Philippine waters.
of depredation by imposing heavy penalties. It shall include all kinds and types of vessels or boats used in
fishing.
Acts of Depredation
An act of preying upon or plundering. PHILIPPINE WATER
Refers to all bodies of water, such as but not limited to seas,
e.g. Robbery; ravage etc. gulfs, bays around, between and connecting each other of
the islands of the Philippine Archipelago, irrespective of its
depth breath, length or dimension, and all other waters
ELEMENTS IN PIRACY: belonging to the Philippines by historic or legal title,
o Attack of seizure of a vessel through Philippine waters including territorial sea, the sea-bed, the insular shelves, and
o Attacking the vessel, cargo, equipment or personal other submarine areas over which the Philippines has
belongings of the passenger sovereignty or jurisdiction.
o Through violence, intimidation, or force
o Committed by any person (including passengers or crew) HIGHWAY ROBBERY
The seizure of any person for ransom, extortion or other
ELEMENTS IN HIGHWAY ROBBERY: unlawful purpose, or the taking away of the property of
o Seizure of a person for ransom, extortion or other unlawful another by means of violence against or intimidation of
purpose, or taking the property of another. person or force upon things or other unlawful means,
o Through force intimidation or violence or other unlawful committed by any person on any Philippine Highway.
means
o Committed by any person (every one) PHILIPPINE HIGHWAY
o On a Philippine highway It shall refer to any road, streets, passage, highway and
bridge or other parts thereof, or railway or railroad within
the Philippines used by persons or vehicles, or locomotives Rape, murder or homicide Death
or trains for the movement or circulation of persons or Offender abandons the victim Death
transportation of goods, articles, or property or both. without means of saving them
Boarding a vessel Death
PUNISHABLE ACTS: NOTE: Any person who aids or protect any pirates of highway
PIRACY robbers by giving information, abetting the commission of the crime,
o Attack or seizure of any vessel by means of violence against/ deriving any benefit, receiving property taken, they shall be
intimidation of persons/ force upon things. considered as an accomplice and shall be punished in accordance
with the rules of the RPC.
HIGHWAY ROBBERY/ BRIGANDAGE
o The seizure of any person for ransom, extortion, or other Number of perpetrators in brigandage is no longer essential.
unlawful purpose.
o Taking away of the property of another by means of violence CASE
against, intimidation of person, or force upon things or People vs Dela Pena
other unlawful means. Facts:
Dela Pena was charged, with the crime of piracy defined under
Presidential Decree (PD) No. 532 allegedly committed as follows that
PENALTIES on or about the 24th day of September 2005, along the river bank of
PIRACY Barangay San Roque, Province of Samar, the accused, conspiring
o Reclusion Temporal in its medium and maximum period and mutually helping one another, with deliberate intent to gain, by
means of force and intimidation, feloniously take and carry away
Aggravating Circumstances valuable items (13 sacks of dried coconuts valued at P7,537.00; 2
pieces automatic watch valued at P6,796.00; 1 piece ([SJaudi gold)
Acts Penalty valued at P4,731.00; 1 [Niokia cellphole 3350 valued at P3,615.00[J
Physical injuries or other crimes Reclusion Perpetua 1 unit Briggs and [Stratton] 16 horse power with propeller valued at
P26,000.00[J cash money worth [P]1,000.00, all amounting to aircraft of Philippine registry, or to seize or usurp the control
P49,679.00 to the damage and prejudice of the said owner. while it is in flight.
o It shall be unlawful for a person (natural or juridical) to load
Appellant interposed an alibi and claimed that the Information did or carry in any passenger aircraft or any substance which
not state that the vessel in question was in Philippine waters. are poisonous, explosive, flammable, corrosive etc.
PENALTIES
HIJACKING
o Imprisonment of 12 years but not more then 20 years CRIMES AGAINST THE FUNDAMENTAL LAWS OF
o Or by a fine not less than 20K but not more then 40K THE STATE
DEFFINITION OF TERMS
o TORTURE WHO ARE LIABLE:
act by which severe pain or suffering, whether physical or IN GENERAL: Any person who actually participated or
mental, is intentionally inflicted on a person for such purpose induced another in the commission of torture, who
of obtaining information or confession. It does not include cooperated in the execution of the act of torture of other
pain and suffering caused or arising from inherent in or cruel, inhuman and degrading treatment shall be liable as
incidental to lawful sanctions. principal.
o AUTHORIZED IMPORTER
CRIMES AGAINST PUBLIC ORDER Any person, legal entity, corporation, partnership of business
licensed by the FEO of the PNP to engage in the importation
for firearms in the territory of the Philippines.
COMPREHENSIVE LAW ON FIREARMS
o AUTHORIZED MANUFACTURER
INTENTION OF THE LAW Refers to the any person legal entity, corporation, or
The law provides a comprehensive law regulating the ownership, partnership duly licensed by the FEO of the PNP to
possession, carrying, manufacture, dealing in and importation of manufacture firearms for the purpose of distribution.
firearms, ammunition, or parts thereof, in order to provide legal
support to law enforcement agencies in their campaign against o Permit to carry firearm outside of residence
crime, stop the proliferation of illegal firearms or weapons and the A written authority issued by the chief of PNP allowing the
illegal manufacture of firearms or weapons, ammunition and parts person to carry the firearm from outside his residence for
thereof. the duration and purpose of the authority.
Ruling:
Yes, he was. Associated with the essential elements of the crime, the
term "corpus delicti" means the "body or substance of the crime and,
in its primary sense, refers to the fact that the crime has been
actually committed." Its elements are: (a) that a certain result has
been proved (e.g., a man has died; and (b) that some person is
criminally responsible for the act. DEFFINITION OF TERMS
In the crime of illegal possession of firearms, the corpus delicti is the o Money Laundering
accused's lack of license or permit to possess or carry the firearm, as It is committed by any person knowing that any money,
possession itself is not prohibited by law. To establish the corpus instruments or property represents, involves or relates to the
delicti, the prosecution has the burden of proving that the firearm proceeds of any unlawful activity.
exists and that the accused who owned or possessed it does not
have the corresponding license or permit to possess or carry the NOTE: Unlawful activity here is referred to as predicate crimes
same. However, even if the existence of the firearm must be
established, the firearm itself need not be presented as evidence for o Covered Transactions
it may be established by testimony, even without the presentation of is a transaction in cash or other equivalent monetary
the said firearm. instrument involving a total amount in excess of P500,000
within 1 banking day.
o Suspicious Transaction
Transactions with covered institutions regardless of the
CRIMES AGAINST PUBLIC ORDER amount where ay of the following circumstances exist:
-No underlying legal or trade obligations, or purpose
ANTI-MONEY LAUNDERING -The client is not properly identified
-The amount involved is not commensurate with the
INTENTION OF THE LAW business or financial capacity of the client.
-any circumstances relating to the transaction which deviate
o The law was created after the Philippine was at risk of being from the profile of the client
included in the international “grey list” of nations falling -Any transaction that is similar or analogous to any of the
short of global money-laundering rules if it fails to enact and foregoing.
effectively implement a new anti-money laundering and anti-
terrorism bill. PROSECUTION OF THE MONEY LAUNDERING OFFENSE
o The prosecution of the predicate crime and the money
Because failure to do so could lead to the Philippines being laundering offense are separate and independent.
JURISDICTION OVER MONEY LAUNDERING OFFENSE
o If no public officer is involved= RTC
otherwise the Sandiganbayan will have jurisdiction
Asset Preservation
The RTC may during the pendency of Civil Forfiture may issue
exparte a provisional asset preservation order forbidding any
transaction of other disposition of the subject monetary instrument ACTS PUNISHABLE AND PERSON’S LIABLE
for a period of 20 days. After the summer hearing, the RTC may
issue a dinal asset preservation order.
Freeze Order
On May 31, 2004, the trial court ordered the reinstatement of the
case directing the Republic to serve the alias summons to Glasgow
and CSBI within 15 days.
On July 12, 2004, petitioner received a copy of the sheriff’s return
stating that the alias summons was returned “unserved” as
GLASGOW was no longer holding office at the given address since
July 2002.
On August 11, 2005, petitioner filed a manifestation and ex parte it to the process of the court. Since this account was covered by
motion to resolve its motion for leave of court to serve summons by several suspicious reports and placed under the control of the trial
publication. court upon the issuance of the writ, the conditions provided in
Section 12 (a) of RA 9160 were satisfied. The petitioner properly
On August 12, 2005, the OSG received a copy of GLASGOW’s motion instituted the complaint for civil forfeiture.
to dismiss by way of special appearance alleging that 1) the court
had no jurisdiction over its person as summons had not yet been
served on it 2) the complaint was premature and stated no cause of
action and 3) there was failure to prosecute on the part of the
Republic.
On October 17, 2005, the trial court dismissed the case on the
grounds of 1) improper venue 2) insufficiency of the complaint in
form and substance and 3) failure to prosecute and lifted the writ of
preliminary injunction.
Construction of the Law: **NOTE: It does not mean that there is no support/ if the man stops
Liberally construed to promote the protection and safety of victims of from providing support. Economic Abuse is that kind of abuse that
violence against women and their children. purpose is in order to have control over the woman.
The offended party may file a BPO. If there is still a need, the CASES:
offended party may go to court and file for a TPO/ PPO. #1
RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES
Protection Order G.R. No. 19952 June 22, 2015
Is issued for the purpose of preventing further acts of violence
against a woman of her child specified in Section 5 of the Anti-VAWC Facts:
act. Petitioner Ricky Dinamling was charged in two criminal information
for violation of R.A. No. 9262. It is alleged in the information that he
OTHER NOTES: feloniously inflicts psychological violence upon a woman with whom
he has two children, resulting to mental and emotional anguish and
There should be a special relationship before it can be applied. public humiliation by repeated verbal and emotional abuse consisting
of several bad and insulting utterance directed against the victim.
TPO can only be lifted through the petition by the offended party. Dinamling pleaded not guilty to both charges.
**Inflicting harm to animals or pets of the woman or her child may Issue:
constitute violation of RA 9262 and violation of the Animal Welfare Whether or not the petitioner is guilty of violation of RA No. 9262.
Act of 1998.
Ruling:
**There should be a special relationship with the offender and the The elements of the crime are;
victim.
(1) The offended party is a woman and/or her child or children
BPO= 15 days non extendable. If you think there is still need to (2) The woman is either the wife or former wife of the offender, or
extend then file to TPO in court. Do not wait for the expiry because is a woman with whom the offender has or had a sexual or dating
non-extendable. BPO only covers Physical Abuse. Can only be relationship, or is a woman with whom such offender has a common
enforced within the barangay. child. As for the woman’s child or children, they may be legitimate or
illegitimate, or living within or without the family abode.
TPO= 30 days and extendable. If you Think there is a need to (3) The offender causes on the woman and/or child mental or
extend, then you can file for PPO. Can be enforced everywhere. emotional anguish; and
(4) The anguish is caused through the acts of public ridicule or
PPO= is permanent. The offended party is the only person who can humiliation, repeated verbal and emotional abuse, denial of financial
ask to lift the PPO. Can be enforced everywhere. support or custody of minor children or access to the children or
similar acts or omissions.
In this case, the elements have been proven and duly established. It
is undisputed that thevictim is a woman who has then in a five-year i. Section 5(i) or Section 5(e)
ongoing relationship with Dinamling and had two common children.
The woman is often in fear of petitioner due to latter’s physical and
verbal abuse. Offense Involved: Anti-Violence Against Women and Children
FACTS: On October 5, 1989, AAA married Araza. Initially and at the
Psychological violence is an element of violation of Section 5 (RA No. onset of their marriage, her husband Araza was hardworking, loving
9262) just like the mental or emotional anguish caused on the and faithful. She had no marital issues with Araza until he went to
victim. It is the means employed by the perpetrator, while mental or Zamboanga City in February 2007, for their networking business. It
emotional anguish is the effect caused to or the damage sustained was at this point that she began to notice Araza’s change in
by the offended party. To establish psychological violence as the behavior. One day, she received a text telling that her husband is
element of the crime, it is necessary to show proof of commission of having an affair with their best friend. She went to see it for herself
any of the acts enumerated in Section 5(i) or similar acts. And to and was able to confirm that her husband was living with another
establish mental or emotional anguish, it is necessary to present a woman, a certain Tessie Luy Fabillar. She instituted a complaint
testimony of the victim as such experiences are personal to this against her husband Araza and his alleged mistress, for
party. Concubinage. The case was subsequently amicably settled after the
parties executed an Agreement whereby Araza and Fabillar
In fact, neither the physical injuries suffered by the victim nor the committed themselves never to see each other again. After the case
actual physical violence done by the perpetrator are necessary to was settled, Araza again lived with AAA. However, it was only for a
prove the essential elements of the crime as defined in Section 5(i) short time. Without saying a word, Araza left AAA on November 22,
of RA 9262. The only exception is, as in the case at bar, when the 2007. To her surprise, Araza had returned to live with his mistress
physical violence done, petitioner Dinamling's acts of publicly again. In the days to come, she would receive text messages from
punching, kicking and stripping her pants and underwear, although her husband’s supposed mistress using various numbers. The
obvious acts of physical violence, are also instances of psychological messages would tell her that Araza is sick and needed money for
violence since it was alleged and proven that they resulted in the medicines. There was also another text message threatening her
victim’s public ridicule. Accused is alleged to have caused the mental that she will kill AAA’s husband. Because of this, she sought legal
and emotional suffering; in which case, such acts of physical violence services believing that Araza’s liberty was being restrained by
must be proven. In this instance, the physical violence was a means Fabillar. Based on the investigation, Araza left their conjugal abode
of causing mental or emotional suffering. As such, whether or not it on his own volition and he has been living with his mistress, as
led to actual bodily injury, the physical violence translates to husband and wife. As a matter of fact, three children were born out
psychological violence since its main effect was on the victim's of their cohabitation. The truth caused AAA emotional and
mental or emotional well-being. psychological suffering. An information for crime of violence against
women under Section 5(i) of R.A. No. 9262 was filed in RTC Las
Pinas City. RTC ruled in favor of AAA. This was affirmed by the CA.
Aggrieved, Aaraza filed this present case.
#2
Araza vs. People of the Philippines G.R. No. 247429. September 8, ISSUE/S:
2020
11. Whether or not the CA erred in affirming Araza’s conviction
for violation of Section 5(i) of R.A. No. 9262 although his conviction Christian Acharon was an Overseas Filipino Worker. His wife sued
was based on facts not alleged in the Information? her for economic abuse (violation of Section 5(i) of R.A. 9262) as
12. Whether the CA gravely erred in affirming Araza’s conviction Acharon, while being gainfully employed abroad, failed to provide
for violation of Section 5(i) of R.A. No. 9262 on the ground that the financial support to his wife. Due to this, his wife was not able to pay
prosecution failed to prove beyond reasonable doubt the acts off their debt – that debt was actually used by Acharon in going
allegedly committed by Araza? abroad. Acharon also maintained a paramour abroad and even told
his wife to look for another man. The trial court convicted Acharon
HELD: as it was proved that his failure to provide financial support to his
• No. The elements of violation of Section 5(i) of R.A. No. wife caused her psychological stress. The Court of Appeals affirmed
9262 were sufficiently alleged in the Information. In this case the the conviction.
Information contains the recital of facts necessary to constitute the
crime charged. It clearly stated that: (1) The offended party AAA, is ISSUE: Whether or not Acharon is guilty of economic abuse.
the wife of offender Araza; (2) AAA sustained emotional anguish and
mental suffering; and (3) such anguish and suffering is inflicted by HELD: No. Firstly, it was improper for the trial court to receive
Araza when he had an extramarital affair with Fabillar and had three evidence regarding Acharon’s infidelity. The Information against him
illegitimate children with her. only charged psychological abuse as a result of his failure to provide
financial support.
• No. The CA was correct in ruling that Araza committed
psychological violence upon his wife AAA by committing marital The elements of Section 5(i) insofar as it deals with denial of
infidelity, which caused AAA to suffer emotional anguish and mental financial support are as follows:
suffering. The prosecution has established Araza’s guilt beyond
reasonable doubt by proving that he committed psychological (1) The offended party is a woman and/or her child or children;
violence upon his wife by committing marital infidelity. AAA’s (2)The woman is either the wife or former wife of the offender, or is
testimony was strong and credible. She was able to confirm that a woman with whom the offender has or had a sexual or dating
Araza was living with another woman. Marital infidelity, which is a relationship, or is a woman with whom such offender has a common
form of psychological violence, is the proximate cause of AAA’s child. As for the woman’s child or children, they may be legitimate or
emotional anguish and mental suffering, to the point that even her illegitimate, or living within or without the family abode;
health condition was adversely affected. (3) The offender willfully refuses to give or consciously denies the
woman and/or her child or children financial support that is legally
due her and/or her child or children; and
#3 (4)The offender denied the woman and/or her child or children the
Christian Pantonial Acharon vs. People of the Phils. G.R. No. 224946 financial support for the purpose of causing the woman and/or her
November 9, 2021 child or children mental or emotional anguish.
G.R. No. 224946 – Criminal Law – Book II – Special Penal Laws – Section 5(i), although a special penal law, is a mala in se. Thus,
Anti-Violence Against Women and their Children Act – Section 5(i) – criminal intent must be established before a conviction may be had.
Economic Abuse must be Deliberate In other words, to be punishable by Section 5(i) of R.A. 9262, it
must ultimately be proven that the accused had the intent of
inflicting mental or emotional anguish upon the woman, thereby Intent of the Law
inflicting psychological violence upon her, with the willful denial of -It is stated in Art. 2 of the constitution the state recognizes the vital
financial support being the means selected by the accused to role of the youth in nation building. The state shall promote their
accomplish said purpose. Mere failure to provide financial support is moral, spiritual, and intellectual wellbeing.
not punishable by R.A. 9262. To be convicted under Section 5(i), the -it is the police of the state to provide special protection of the
evidence must establish beyond reasonable doubt that the accused children such as this law to guarantee their fundamental rights and
intended to cause the victim mental or emotional anguish, or public other forms of neglect and cruelty, abuse and exploitation prejudicial
ridicule or humiliation through the denial of – not the mere failure or to their development.
inability to provide – financial support, which thereby resulted into -Shall establish National Coordinating Center that shall coordinate
psychological violence. In this case, the private complainant failed to and implement programs and policies to prevent and respond to
adduce evidence that Acharon deliberately withheld financial support OSAEC and CSEAM cases in the country.
in order to cause her emotional anguish.
SIDE ISSUE: In the previous cases of Melgar vs. People (G.R. No.
223477, 14 February 2018, 826 Phil. 177) and Reyes vs. People Definition of Terms
(G.R. No. 232678, 3 July 3 2019, 907 SCRA 479), it was held that:
(a) a charge for Section 5(i) necessarily includes a charge for Section 1. Child
5(e) and (b) denial of financial support BY ITSELF is sufficient to Refers to a person below 18 years of age or those over but
support a conviction for violation of Section 5(e), is Acharon liable are unable to fully take care themselves or protect from
for violation of Section 5(e)? abuse, neglect, cruelty or exploitation.
NO. Melgar and Reyes are abandoned. It was wrong to interpret A computer-generated, digitally or manually crafted images
Section 5(e) to mean that denial of financial support PER SE or BY or graphics of a person who is represented or who is made
ITSELF is already a criminal violation. The language of Section 5( e) to appear to be a child as defined herein.
is clear: the denial of financial support, to be punishable, must have
the “purpose or effect of controlling or restricting the woman’s 2. Child Sexual Abuse
movement or conduct.” To be sure, Section 5(e) uses the word Refers to any form of communication through any platform
“deprive” which, like the use of the word “denial” in Section 5(i), or format, or any physical interaction between a child and
connotes willfulness and intention. The denial or deprivation of any person when the child is being used for any act of
financial support under Section 5( e) is, therefore, an intentional act activity inducing sexual stimulation
that has, for its purpose, to control or restrict the woman’s
movement or conduct. The willful deprivation of financial support, 3. Competent Authority
therefore, is the actus reus of the offense, while the mens rea is the Refers to law enforcement authority, investigating authority,
intention to control or restrict the woman’s conductc prosecutor, court, or the National Coordinating Center
Against OSAEC and CSAEM.
ANTI-CHILD PORNOGRAPHY OR
Anti-Online Sexual Abuse or Exploitation of 4. Child Sexual Exploitation
Children (OSAEC) Child Sexual Abuse with consideration whether monetary or
nonmonetary consideration, favor, or benefit in exchange for system involving at least 1 person reasonably believed to have
the opportunity to perform such abusive or exploitative act. committed violation under this Act.
5. Image-based sexual abuse (IBSA) NOTE: A court order shall not be required in order for a law
Refers to a form of technology-facilitated sexual violence. enforcement officer acting as an undercover capacity to intercept a
communication with a person believed to be committing this act.
6. Online Sexual Abuse or Exploitation of Children (OSAEC)
Refers to the use of ITC as means to abuse or exploit The law, through Section 23, exempts the law enforcement officer
children sexually which includes cases in which offline child from the Anti-wiretapping act provided that the person is believed to
abuse and or exploitation is combined with an online have committed, is committing, or is about to commit the act.
component.
Who may be file a complaint?
7. Sexual Activity 1. Offender party
Includes but are not limited to the following acts, sexual 2. Parents or guardians
intercourse or lascivious acts, including contact involving the 3. Ascendants or collateral relatives within the 3 degree of
genitalia or oral stimulation of the genitals. consanguinity
4. Officer, social worker or representative of a licensed child-
WHO ARE LIABLE? caring institution.
Any person whether natural or juridical or alien offenders. 5. Any person who has personal knowledge of the
circumstances of the commission of this act.
Section 4: Unlawful or Prohibited Acts
1. To hire, employ, use or persuade induce, extort or engage Custody of the Child
in whatever form of OSAEC The child victim shall be immediately placed under the protective
2. To produce direct, manufacture, facilitate or create any form custody of the child or municipal social welfare and development
of CSAEM office.
3. To knowingly publish, transmit or broadcast by any means, In cases where: (a) The city or municipal social welfare and
any forms of CSEAM. development office has no registered social worker that can perform
4. To stream or live-stream acts, or any form of child sexual case management; (b) the LGU does not have any residential care
abuse and exploitation. facility that can afford center-based intervention; (c) It was assessed
5. To recruit, transport, transfer, harbor, provide, or receive a that there are safety and risk factors detrimental to the child’s stay in
child or to induce or influence the same for the purpose of the same locality.
this act. Then the DSWD shall provide support and assistance to the
concerned city or municipality social welfare and development office
by assuming the temporary protective custody over the child.
Initiation of Investigation
A law enforcement officer may, upon written order from the RTC, NOTES:
track, intercept, view monitor surveil, listen to, record any
communications or information transmitting by means of a computer
Q: On extraterritoriality of the law since this is internet so Refers to any act that results in physical or psychological
global? suffering, harm or injury inflicted on a recruit, neophyte,
A: The law has an extraterritoriality application based on Sec. 14. applicant, or member as part of an initiation rite or practice
The state shall exercise jurisdiction over any acts even if it is made as a prerequisite for admission or a requirement for
committed outside the Philippines. It shall also take custody of the continuing membership in a fraternity.
case based on a continuing effect; either it commenced in the
Philippines, or committed in another country. 2. Initiation/ Initiation Rite
Refers to ceremonies, practices, rituals or other acts,
That is the importance of (MLAT) Mutual Legal Assistance whether formal or informal, that a person must perform or
Treaty. take in order to be accepted into a fraternity, sorority, or
-If there are violators here in our country, or if there are victims here organization as a full-fledge member.
in our country, legal team from another country will come here to
conduct investigation and aid law enforcement agencies. 3. Organization
-even if we do not have an extradition treaty with the country we An organized body of people which includes, but is not
can request for assistance from that country for the arrest, limited to any club, association, group, fraternity, and
prosecution of the perpetrator. sorority. This term shall include the AFP, PNP, PMA, PNPA.
4. Schools
Refers to colleges, universities, and all other educational
institutions.
Prohibited Acts
Those acts that constitute hazing, or any acts that involves
psychological harm or suffering as part of an initiation, or practice
made as a prerequisites for admission/ requirement for continuing
membership in an organization.
RA 11053
Anti-Hazing Law Allowed initiation rites
These are not considered hazing:
1. Testing, training, and practices of the AFP and PNP
Intent of the Law 2. Testing, training, and practices of other uniformed learning
-To prohibit hazing and regulate other forms of initiation rites of institutions as to their prospective members
fraternities and sororities and other organizations. 3. Customary athletic events or other similar activity that
-The law also provides penalties for its violation as well. furthers a legal and legitimate objective.
**NOTES:
Waivers made by the recruit or neophyte members?
Elements of Hazing: Waivers of the right to object to the initiation rite or proceedings
1. A person is placed in some embarrassing or humiliating which consists of hazing made by a recruit are considered void
situation or subjected to physical or psychological suffering without binding effect on the parties.
or injury
2. There acts were employed as a prerequisite for the person’s The defense that the recruit consented to the hazing shall not be
admission or entry into an organization. available to persons prosecuted under this act.
Before the amendment, if the victim is below 12 it is statutory rape. Physical injuries to be considered as an act of child abuse, the same
Even if the victim is a child, then you are going to charge it for should be serious in nature as defined in sec. 2 (d). Infliction of a
statutory rape under the RPC. With the amendment it is now below mere slight physical injury may constitute an act of child abuse if it
16. So if the victim is below 16 you go to RPC. results in psychological injury to the minor victim.
Q: However, if the child is 16 and below 18, where do you A medical certificate in a form of a psychiatric report from the
go? What law are you going to charge? Or are you going to attending psychologist is necessary in order to prove prima facie
charge RPC for rape and under RA7610 because the victim is evidence that the child victim did actually suffer from psychological
a child? injury as the consequence.
A: You are going to proceed under RA7610 provided that the penalty
is that of the Reclusion Perpetua in its medium period. Sec. 17 IRR
Presentation of psychological report should be done during the
Child Trafficking preliminary investigation. Meaning before the office of the
prosecutor.
Other acts of neglect under Sec 10.
Sec 5 B.
Q: In order for it to be considered as physical abuse, injuries Q: This law mentions about child trafficking. You 9208 as
sustained should be serious. When do you considered amended by 10364. Are you going to file 2 cases RA7610
serious then? because he/she is a minor? Qualified trafficking in relation
A: Medical Attention must be required. to 9208?
A: You just file kung asa ang mas taas ang penalty. You cannot file
Remember in RPC, when there is no mention or period of medical both. You file under 1 law.
attention, the injurie is considered slight.
CASES: element of the crime charged. In a criminal case, the prosecution is
burdened to establish beyond reasonable doubt all of the elements
ASELA BRINAS Y DEL FIERRO, PETITIONER, VS. PP of the crime charged, consistent with the basic principle that an
accused is presumed innocent until proven guilty. 56
FACTS:
A text message scheme was made by two students in Challenger Thus, due to the prosecution's failure to prove the presence of
Montisory School which used the name of the daughter of Brinas specific intent to debase, degrade, or demean the victims' intrinsic
who was the director of the school that time. Upon her knowledge, worth and dignity, Briñas cannot be held guilty of child abuse under
she called the girls and uttered words against them like “putang ina”. R.A. 7610. This is in line with the 2020 case of Talocod discussed
Following that incident the victims claimed that they were expelled above which involved similar acts of slandering minors in the heat of
and their school records where withheld causing delays in their anger and without intention to debase, wherein the Court likewise
college enrollment. Thus, petitioners filed a case against Brianas for acquitted the accused of the crime charged.
the crime of grave oral defamation in relation to Section 10(a) of
R.A. 7610. The RTC ruled her guilty of the crime, thus the reason WHEREFORE, in view of the foregoing, the Petition for Review
for the petition. on Certiorari is GRANTED. The Decision dated January 27, 2020 and
Resolution dated October 19, 2020 of the Court of Appeals in CA-
ISSUE: G.R. CR No. 42784 are hereby REVERSED and SET ASIDE.
The main issue for resolution of the Court is whether the RTC and Accordingly, petitioner Asela Briñas y Del Fieiro is ACQUITTED of the
the CA erred in convicting Briñas of the crime of grave oral crime charged. Let entry of judgment be issued immediately.
defamation in relation to Section 10(a) of R.A. 7610.
—————————
RULING: Araneta vs People, G.R. No. 174205, June 27, 2008, 556
Debasement" is defined as the act of reducing the value, quality, or SCRA 323,332
purity of something; "degradation," on the other hand, is a lessening
of a person's or thing's character or quality while "demean" means to FACTS:
lower in status, condition, reputation, or character. 38 That on April 10, 1998, at about 11:00 o’clock in the morning, at
Barangay Poblacion, District III, Dauin, Negros Oriental, Philippines,
Hence, the prosecution must not only prove that the acts of child and within the jurisdiction of this Honorable Court, the said Gonzalo
abuse under Section 3(b)(2) were committed, but also that the same Araneta y Alabastro, with intent to abuse, harass and degrade 17-
were intended to debase, degrade or demean the intrinsic worth and year-old offended party AAA3, and gratify the sexual desire of said
dignity of the minor victim as a human being. accused, the latter, did, then and there willfully, unlawfully and
feloniously, by means of force and intimidation, hold and embrace
Hence, the only acts proven to have been committed by Briñas are said AAA, after trespassing with violence into the room of the
the hurling of invectives, made in a spur of the moment and in the dwelling occupied by said offended party, all against the latter’s will
heat of anger, against the private complainants, after she learned of and consent.
the latter's mischief against her own daughter. Unfortunately for the
prosecution, these acts, by themselves, do not show intent to However, petitioner assailed that he met AAA and her younger
debase, degrade or demean the minors which is an indispensable sisters at the waiting shed, but he denied having embraced or kissed
the victim.13 He said he only spoke to her and told her that he loved he was also betraying the trust that young girls place in the adult
her. Although he admitted that he followed AAA and her sisters members of the community who are expected to guide and nurture
when they went to the boarding house, it was because AAA the well-being of these fragile members of the society. Undoubtedly,
beckoned him to follow her.14 When he was inside the room, he such insensible act of petitioner constitutes child abuse. As the RTC
again told her of his feelings but he was merely told by her to wait aptly observed:
until she finished her studies.15 He further said that he had been
courting and visiting AAA since she was 12 or 13 years old. It bears stressing that the mere keeping or having in a man’s
companion a minor, twelve (12) years or under or who is ten (10)
the RTC rendered a decision totally disregarding petitioner’s bare years or more his junior in any public or private place already
denials and flimsy assertions. In convicting petitioner of the crime constitutes child abuse under Section 10(b) of the same Act. Under
charged, it held that petitioner’s act of forcibly embracing the victim such rationale, an unwanted embrace on a minor would all the more
against her will wrought injury on the latter’s honor and constituted constitute child abuse.25
child abuse as defined under Section 10(a), Article VI of Republic Act
No. 7610. It further ruminated that if the mentioned statute This factual findings of the RTC, which were affirmed by the Court of
considers as child abuse a man’s mere keeping or having in his Appeals are entitled to respect and are not to be disturbed on
company a minor, twelve years or under or ten years or more his appeal, unless some facts or circumstances of weight and substance,
junior, in any public place, all the more would the unwanted having been overlooked or misinterpreted, might materially affect
embrace of a minor fall under the purview of child abuse. the disposition of the case.26 The assessment by the trial court of the
credibility of a witness is entitled to great weight. It is even
ISSUE: conclusive and binding, if not tainted with arbitrariness or oversight
W/O the RTC gravely erred in convicting him of child abuse despite of some fact or circumstance of weight and influence. In the case
failure of the prosecution to establish the elements necessary to under consideration, we find that the trial court did not overlook,
constitute the crime charged. misapprehend, or misapply any fact of value for us to overturn the
said findings.
RULING:
The evidence of the prosecution proved that petitioner, despite the The RTC imposed upon petitioner the penalty of prision mayor in its
victim’s protestation, relentlessly followed the latter from the waiting minimum period. The penalty is in order, pursuant to Section 10(a),
shed to her boarding house and even to the room where she stayed. Article VI of Republic Act No. 7610.
He forcibly embraced her and threatened to kill her if she would not
accept his love for her. Indeed, such devious act must have ——
shattered her self-esteem and womanhood and virtually debased,
degraded or demeaned her intrinsic worth and dignity. As a young People vs Jabalde
and helpless lass at that time, being away from her parents, the In Jabalde v. People, the accused fainted after she thought that her
victim must have felt desecrated and sexually transgressed, daughter was already dead when the latter’s head was punctured.
especially considering the fact that the incident took place before the When she regained consciousness, she slapped and choked the
very eyes of her two younger, innocent sisters. Petitioner who was minor victim who she believed had harmed her daughter.
old enough to be the victim’s grandfather, did not only traumatize
and gravely threaten the normal development of such innocent girl; ISSUE:
Whether the acts of Jabalde as constitutive of violation of Section involving sexual intercourse committed against minors, and not
10(a), Article VI of R.A. No. 7610. Section 5 (b) of RA 7610. Indeed, w}file RA 7610 has been
considered as a special law that covers the sexual abuse of minors,
RULING: RA 8353 has expanded the reach of our already existing rape laws.
The Court held that the spontaneity of the accused’s acts and the These existing rape laws should not only pertain to the old Article
fact that the victim suffered only minor abrasions show that the 33528 of the RPC but also to the provision on sexual intercourse
laying of hands was an offshoot of the accused’s emotional outrage under Section 5 (b)29 of RA 7610 which, applying Quimvel's
and a desire to rescue her own child from harm; hence, there was characterization of a child "exploited in prostitution or subjected to
no specific intent to debase the intrinsic worth of the child. The other abuse," virtually punishes the rape of a minor.
essential element of intent was not established with the prescribed
degree of proof required for a successful prosecution under Section Based on the foregoing considerations, the Court therefore holds
10(a), Article VI of R.A. No. 7610. that in instances where an accused is charged and eventually
convicted of having sexual intercourse with a minor, the provisions
—— on rape under RA 8353 amending the RPC should prevail over
Section 5 (b) of RA 7610.
People vs Francisco Ejercito, G.R. No. 229861 (July 2, 2018)
FACTS:
Some time in October 2001, the victim was raped by Ejercito and
threatened to kill her and her family if she would reveal to the
authorities. Haunted by her experience and wanting to start a new
life, the victim moved to the city but Ejercito was able to track her.
He made her her sex slave and and got addicted to drugs, which
then later led to their illicit relationship acting as Ejercito’s paramour.
When Ejercito’s wife discovered their relationship, she filed for a
complain against the victim which then revealed that she was raped
by Ejercito in October 2001, almost five years after she was raped.
Ejercito was then charged with rape and was convicted. Thus this
petition.
ISSUE:
The issue for the Court's resolution is whether or not Ejercito's Bongalon vs People, G.R. No. 169533, March 20, 2013
conviction for the crime of Rape must be upheld.
FACTS:
RULING: In Bongalon v. People, the accused struck and slapped the face of a
minor, after finding out that the latter threw stones at the accused’s
After much deliberation, the Court herein observes that RA 8353 own minor daughters and burnt the hair of one of them.
amending the RPC should now be uniformly applied in cases
ISSUE:
WHETHER OR NOT PETITIONER IS GUILTY OF THE CRIME
CHARGED
RULING:
The Court therein ruled that the laying of hands against a child,
when done at the spur of the moment and in anger, cannot be
deemed as an act of child abuse under Section 10( a), as the
essential element of intent to debase, degrade or demean the
intrinsic worth and dignity of the child as a human being is not
present.