Criminal Law (Pre-Week) - SBCA
Criminal Law (Pre-Week) - SBCA
Criminal Law (Pre-Week) - SBCA
CRIMINAL LAW
Pre-Week Notes 2023
ACADEMICS COMMITTEE
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Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
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2023 Edition.
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b) TERRITORIALITY
Q: Distinguish between crimes mala in se and mala
prohibita. (1988, 1997, 1999, 2001, 2003, 2005, 2017,
Territoriality Principle (1994, 2000 BAR)
2019 BAR)
GR: The penal laws of the country have force and effect only
A: Mala in se and mala prohibita are distinguished as
within its territory.
follows:
2. Laws of Preferential Application, (e.g., R.A. No. 75 GR: Acts or omissions classified as crimes will be
penalizes acts which would impair the proper scrutinized in accordance with relevant penal laws if
observance by the Republic and its inhabitants of the committed after the effectivity of those penal laws.
immunities, rights, and privileges of duly accredited
foreign diplomatic representatives in the Philippines.) XPN: Penal laws shall have a retroactive effect insofar as
(2014 BAR); they favor the persons guilty of a felony, although at the
time of the publication of such laws, a final sentence has
3. The principles of public international law; been pronounced and the convict is serving the same. (Art.
22, RPC)
1 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
XPNs to the XPN: The new law cannot be given retroactive 5. INTERPRETATION OF PENAL LAWS
effect even if favorable to the accused:
U N IV E R S I T Y O F S A N T O T O M A S 2
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Negligence b) ABBERATIO ICTUS, ERROR IN PERSONAE, AND
PRAETER INTENTIONEM
Deficiency in perception or lack of foresight, or failure to
pay proper attention and to use due diligence in foreseeing Causes which May Produce a Result Different From that
injury or damage to be caused. which the Offender Intended (2019 BAR)
Categories of Intent in Criminal Law Example: A was aiming to shoot B, but because of
lack of precision, hit C instead. (1993, 1994, 1996,
1. General Criminal Intent 1999, 2015, 2018 BAR)
2. Specific Criminal Intent
2. Mistake in Identity (error in personae) – The
Motive offender intends the injury on one person, but the
harm fell on another. In this situation, the intended
It is the moving power or force which impels a person to a victim was not at the scene of the crime.
desired result.
Example: A, wanting to kill B, killed C instead.
Motive as Determinant of Criminal Liability (1999, (2003, 2015, 2017 BAR)
2013 BAR)
3. The injurious result is greater than that intended
GR: Motive is not an element of a crime and becomes (praeter intentionem) – The injury is on the
immaterial in the determination of criminal liability. intended victim, but the resulting consequence is so
grave a wrong than what was intended. It is
XPNs: Motive is material when: essential that there is a notable disparity between
the means employed or the act of the offender and
1. The acts bring about variant crimes; the felony which resulted.
2. The identity of the accused is doubtful;
3. The evidence on the commission of the crime is purely This means that the resulting felony cannot be
circumstantial; foreseen from the acts of the offender.
4. In ascertaining the truth between two antagonistic
theories or versions of the killing; and Example: A, without intent to kill, struck the victim
5. Where there are no eyewitnesses to the crime and on the back causing the victim to fall and hit his head
where suspicion is likely to fall upon a number of on the pavement. (2020-21 BAR)
persons.
Requisites of Mistake of Fact
a) CLASSIFICATIONS OF FELONIES
1. That the act done would have been lawful had the facts
Classifications of Felonies According to their Gravity been as the accused believed them to be;
(2019 BAR) 2. That the intention of the accused in performing the act is
lawful; and
1. Grave – those to which the law attaches the capital 3. That the mistake must be without fault or carelessness
punishment or penalties which in any of their periods on the part of the accused.
are afflictive, in accordance with Art. 25 of the RPC. (Art.
9 (1), RPC) Proximate Cause
2. Less Grave – those which the law punishes with That cause, which, in natural and continuous sequence,
penalties which in their maximum period are unbroken by any efficient intervening cause, produces the
correctional, in accordance with Art. 25 of the RPC. (Art. injury, and without which the result would not have
9(2), RPC) occurred. (Vda. De Bataclan v. Medina, G.R. No. L-10126, 22
Oct. 1957)
3. Light – those infractions of law for the commission of
which the penalty of arresto menor or a fine not
exceeding P40,000 pesos, or both, is provided. (Art.
9(3), RPC, as amended by R.A. No. 10951, 29 Aug. 2017)
3 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
Requisites of Proximate Cause Impossible Crime – a Formal Crime (2005 BAR)
1. The direct, natural, and logical cause; By its very nature, an impossible crime is a formal crime. It
2. Produces the injury or damage; is either consummated or not consummated at all. There is
3. Unbroken by any efficient intervening cause; and therefore no attempted or frustrated impossible crime.
4. Without which the result would not have occurred.
e) STAGES OF EXECUTION
Efficient Intervening Cause Art. 6, RPC
It is an intervening active force which is a distinct act or fact Stages of Acts of Execution (1992, 1994, 2009 BAR) (C-
absolutely foreign from the felonious act of the accused. F-A)
1. Committing a felony although the wrongful act done be A felony is consummated when all the acts necessary for its
different from that which he intended; (Art. 4(1), RPC) accomplishment and execution are present. (Art. 6, RPC)
and
Frustrated Felony
2. Performing an act which would be an offense against
persons or property, were it not for the inherent A felony is frustrated when the offender performs all the
impossibility of its accomplishment or on account of the acts of execution which would produce the felony as a
employment of inadequate or ineffectual means. (Art. result, but which nevertheless do not produce it by reason
4(2), RPC) of causes independent of the will of the perpetrator. (Art. 6,
RPC)
d) IMPOSSIBLE CRIME
Q: X stabbed Y in the abdomen penetrating the liver and
Requisites of an Impossible Crime (2003, 2004, 2009, chest of Y. Y was rushed to the hospital, was given
2014, 2015 BAR) (OPP-E-I-N) immediate medical treatment, and survived. Is X liable
for consummated homicide?
1. Act performed would be an Offense against Persons or
Property; A: NO, because the prompt medical treatment received by
2. Act was done with Evil intent; the offended party saved his life. The offense committed by
3. Accomplishment is Inherently impossible or means the defendant was therefore frustrated murder. (People v.
employed is either inadequate or ineffectual; and Honrada, G.R. No. 112178-79, 21 Apr. 1995)
4. Act performed should Not constitute a violation of
another provision of the RPC. Crimes Without Frustrated Stage (2017, 2014 BAR)
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felony, by reason of some cause or accident other than his 3. Special Complex Crime or Composite Crime – one in
own spontaneous desistance. (Art. 6, RPC) which the substance is made up of more than one crime,
but which, in the eyes of the law, is only a single
f) CONTINUING CRIMES indivisible offense.
Continued Crime or Continuous or Delito Continuado Ordinary Complex Crime vs. Special Complex Crime
(1996 BAR) (2003 BAR)
1. Compound Crime – when a single act constitutes two Q: The single act of A in firing a shot caused the death of
or more grave or less grave felonies. (Art. 48, RPC) two persons, arising from one bullet, who were
standing on the line of the direction of the bullet. Is A
Requisites: liable for two separate crimes of homicide?
a. Only a single act is performed by the offender; and
b. The single act produces: A: NO. Since the deaths of the two victims were a result of
i. Two or more grave felonies; or one single act of firing a shot, a compound crime was
ii. One or more grave and one or more less grave committed.
felonies; or
iii. Two or more less grave felonies.
2. CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
2. Complex Crime Proper – when an offense is the
necessary means for committing the other (Art. 48,
RPC) Circumstances Affecting Criminal Liability
(J-E-M-A-A)
Requisites:
a. At least two offenses are committed; 1. Justifying circumstances;
b. One or some of the offenses must be necessary to 2. Exempting circumstances;
commit the other; and 3. Mitigating circumstances;
c. Both or all the offenses must be punished under 4. Aggravating circumstances; and
the same statute. 5. Alternative circumstances.
5 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
a) JUSTIFYING CIRCUMSTANCES 2nd Requisite: Reasonable Necessity of the Means
Employed to Prevent or Repel It
Justifying Circumstances
Test of Reasonableness: (PO-P-W)
Justifying circumstances are those where the acts of a
person is said to be in accordance with law, so that such 1. Nature and quality of the Weapon used by the
person is deemed not to have transgressed the law and is aggressor;
free from both criminal and civil liability. 2. Physical condition, character, size, and other
circumstances of both the offender and defender; and
There is no civil liability, except in Art. 11(4) (State of 3. Place and Occasion of the assault.
Necessity), where the civil liability is borne by the persons
benefitted by the act. (Reyes, 2021) 3rd Requisite: Sufficient Provocation
They are: (Se-D-D-A-F-O) It refers to “any unjust or improper conduct or act of the
victim adequate enough to excite a person to commit a
1. Self-defense; wrong, which is accordingly proportionate in gravity.” (Cruz
2. Defense of relatives; v. People, G.R. No. 216642, 02 Sept. 2020)
3. Defense of stranger;
4. Avoidance of greater evil or injury (or State of “Battered Woman Syndrome" (BWS)
Necessity);
5. Fulfillment of duty or exercise of right or office; and It refers to a scientifically defined pattern of psychological
6. Obedience to an order of a superior. and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse. (Sec.
SELF-DEFENSE 3(c), R.A. No. 9262)
ART. 11(1), RPC
BWS used as a Defense (2014, 2015 BAR)
Rights included in Self-Defense
Victim-survivors who are found by the courts to be
Self-defense includes not only the defense of the person or suffering from battered woman syndrome do not incur any
body of the one assaulted but also that of his rights, the criminal or civil liability notwithstanding the absence of any
enjoyment of which is protected by law. Thus, it includes: of the elements for justifying circumstances of self- defense
(Ho-La-Ho-P) under the RPC. (Sec. 26, R.A. No. 9262)
1. Defense of the person’s Home; The law now allows the battered woman syndrome as a
2. Defense of rights protected by Law; valid defense in the crime of parricide – independent of self-
3. The right to Honor; defense under the RPC. (Sec. 26, R.A. No. 9262)
1. There must be a Physical or material attack or assault; Relatives Covered under the Justifying Circumstance
2. The attack or assault must be Actual, or at least,
imminent; and 1. Spouse;
3. The attack or assault must be Unlawful. (People v. 2. Ascendants;
Mapait, G.R. No. 172606, 23 Nov. 2011) 3. Descendants;
4. Legitimate, natural or adopted brothers and sisters, or
GR: When the aggressor retreats, the aggression ceases. relatives by affinity in the same degree (namely,
ascendants-in-law, descendants-in-law, and siblings-
XPN: Unlawful aggression still continues when retreat is in-law); and
made to take a more advantageous position to ensure the 5. Relatives by consanguinity within the 4th civil degree.
success of the attack which has begun.
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NOTE: If the degree of consanguinity or affinity is beyond b) EXEMPTING CIRCUMSTANCES
the fourth degree, it will be considered defense of a
stranger. GR: No criminal liability, but there is civil liability.
DEFENSE OF A STRANGER XPN: Under Art. 12(4) (Accident) and (7) (Lawful or
ART. 11(3), RPC Insuperable Cause), the offender is exempted from both
criminal and civil liability.
Requisites of Defense of Stranger (U-R-NI)
The Following are Exempted from Criminal Liability
1. Unlawful aggression; (2000, 1994, 1992 BAR)
2. Reasonable necessity of the means employed to
prevent or repel it; and 1. An imbecile or an insane person, unless the latter has
3. The person defending be Not Induced by revenge, acted during a lucid interval;
resentment, or other evil motive.
2. Minority
AVOIDANCE OF GREATER EVIL OR a. A child under 15 years of age;
STATE OF NECESSITY b. A child over 15 years of age and under 18, unless
ART. 11(4), RPC he has acted with discernment, in which case, such
child shall be subject to appropriate proceedings
Requisites of State of Necessity (2004, 1998, 1990 BAR) in accordance with R.A. No. 9344; (2000 BAR)
(P-IG-E-D)
3. Any person who, while performing a lawful act with
1. Evil sought to be avoided actually exists; due care, causes an injury by mere accident without the
2. Injury feared be Greater than that done to avoid it; fault or intention of causing it; (1992, 2000 BAR)
3. There be no other Practical and less harmful means of 4. Any person who acts under the compulsion of an
preventing it; and irresistible force;
4. That the state of necessity or emergency was not Due 5. Any person who acts under the impulse of an
to the fault or negligence of the person claiming the uncontrollable fear of an equal or greater injury; and
defense. 6. Any person who fails to perform an act required by law,
when prevented by some lawful or insuperable cause.
FULFILLMENT OF DUTY (1994 BAR)
ART. 11(5), RPC
IMBECILITY AND INSANITY
Requisites of Fulfillment of Duty (Pe-N) ART. 12(1), RPC
7 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
MINORITY the butts of their guns. They compelled him to bury the
ART. 12(2 and 3), RPC, as amended bodies. Is he liable as an accessory to the crime of
by R.A. No. 9344, as further amended by murder?
R.A. No. 10630
A: NO. Baculi is not criminally liable as accessory for
Minimum Age of Criminal Responsibility and concealing the body of the crime of murder committed by
Treatment of Child Below the Age of Responsibility the band because he acted under the compulsion of an
(2017 BAR) irresistible force. (U.S. v. Caballeros, G.R. No. 1352, 29 Mar.
1905)
AGE CRIMINAL
TREATMENT
BRACKET LIABILITY UNCONTROLLABLE FEAR
ART. 12(6), RPC
The child shall
be subjected to a Elements of Uncontrollable Fear (R-U-G)
15 years old or community-
Exempt
below based 1. Existence of an Uncontrollable fear;
intervention 2. Fear must be Real and imminent; and
program. 3. Fear of an injury is Greater than or equal to that
committed.
The child shall
Above 15 years
be subjected to a Requisites of Uncontrollable Fear
old but below 18
community-
years old, who Exempt
based 1. Threat, which causes the fear, is of an evil greater than
acted without
intervention or at least equal to that which he is required to commit;
discernment
program. and
2. It promises an evil of such gravity and imminence that
Above 15 years the ordinary man would have succumbed to it.
Such child shall
old but below 18
be subjected to a
years old, who Not exempt Irresistible Force vs. Uncontrollable Fear
diversion
acted with
program.
discernment IRRESISTIBLE
UNCONTROLLABLE FEAR
FORCE
(R.A. No. 9344, as amended by R.A. No. 10630)
As to the means to Compel a to Commit a Crime
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insuperable cause. INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCE
NOTE: It applies to felonies by omission. ART. 13(1), RPC
c) MITIGATING CIRCUMSTANCES It means that not all the requisites to justify the act or to
exempt the offender from criminal liability are present.
Circumstances which can Mitigate Criminal Liability (I-
EAT-PIP-VOPIS) Unlawful Aggression: Condition Necessary Before
Incomplete Self-defense, Defense of Relative, or
1. Incomplete justifying or Exempting circumstance; Defense of Stranger May be Invoked
2. Age
a. over 15 but under 18; or The offended party must be guilty of unlawful aggression.
b. over 70 years old; Without unlawful aggression, there can be no incomplete
3. Praeter Intentionem; self-defense, defense of relative, or defense of stranger.
4. Sufficient Threat or provocation;
5. Immediate vindication of a grave offense; Effects on the Criminal Liability of the Offender of
6. Passion or Obfuscation; Incomplete Self-defense, Defense of Relative, or
7. Voluntary surrender, and voluntary confession of guilt; Defense of Stranger
8. Physical defect;
9. Illness of the offender; and 1. If only the element of unlawful aggression is present,
10. Similar and analogous circumstances. the other requisites being absent – ordinary
mitigating circumstance
Classes of Mitigating Circumstances
2. If aside from the element of unlawful aggression,
1. Ordinary mitigating another requisite but not all is present – privileged
2. Privileged mitigating mitigating circumstance
Privileged Mitigating Circumstances under the RPC 3. If there are at least three (3) mitigating circumstances
– in the first two, the penalty is lowered by one degree
1. When the offender is a minor under 18 years of age; while the last mitigating circumstance is imposed in
(Art. 68, RPC) (2013, 2014 BAR) minimum period after being lowered by one degree.
5. Abandonment without justification of the spouse who AGE BRACKET EFFECT ON CRIMINAL LIABILITY
committed adultery; (Art. 333(3), RPC) and
Under 15 Exempting circumstance
6. Concealing dishonor in case of infanticide. (Art. 255(2), Over 15 under Exempting circumstance, if he acted
RPC) 18 without discernment
18 to 70 Full criminal responsibility
Mitigating circumstance; no
imposition of death penalty;
Over 70 execution of death sentence, if
already imposed, is suspended and
commuted
9 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
NO INTENTION TO COMMIT SO GRAVE A WRONG SUFFICIENT THREAT OR PROVOCATION
(PRAETER INTENTIONEM) ART. 13(4), RPC
ART. 13(3), RPC
Requisites of Sufficient Threat or Provocation (S-O-I)
Not Applicable to Felonies by Negligence
1. Provocation must be Sufficient;
Q: Buenamer committed robbery inside a passenger FX 2. It must Originate from the offended party; and
by threatening to shoot the passengers if they do not 3. It must be Immediate to the act.
give their wallets and cellphones. Buenamer was
successful in taking the things of the passengers. Tan, IMMEDIATE VINDICATION OF
one of the passengers, chased Buenamer who boarded A GRAVE OFFENSE
a passenger jeepney in order to escape. Buenamer ART. 13(5), RPC
boxed Tan when he held on to the handlebar of the
jeepney, causing him to lose his grip and fall from the Requisites of Vindication of a Grave Offense
jeepney and thereafter was ran over by the rear tire of (G-F)
said jeepney and died.
1. A Grave offense has been done to the one committing
Buenamer contends that he should be given the the felony, his spouse, ascendants, descendants,
mitigating circumstance of lack of intent to commit so legitimate, natural or adopted brothers or sisters, or
grave a wrong. Is Buenamer entitled to the mitigating relatives by affinity within the same degree; and
circumstance?
2. A Felony is committed in vindication of such grave
A: NO. This mitigating circumstance addresses itself to the offense.
intention of the offender at the particular moment when the
offender executes or commits the criminal act. This Lapse of Time Allowed between the Vindication and the
mitigating circumstance is obtaining when there is a Doing of the Grave Offense
notable disparity between the means employed by the
accused to commit a wrong and the resulting crime It is enough that:
committed. 1. The offender committed the crime;
2. The grave offense was done to them, their spouse,
The intention of the accused at the time of the commission their ascendant or descendant or to their brother or
of the crime is manifested from the weapon used, the mode sister, whether natural, adopted or legitimate; and
of attack employed, and the injury sustained by the victim. 3. The grave offense is the proximate cause of the
commission of the crime.
Here, the records showed that Buenamer boxed or struck
Tan with such force that the latter lost his grip on the NOTE: Where 4 days elapsed from the knowledge of the
estribo or handlebar of the vehicle, fell off and run over by supposed sexual assault and the attack, there was sufficient
the vehicle's rear tire. He subsequently died. The legal time to regain composure and self-control. Thus, there was
postulate enshrined under Art. 3 of the RPC decrees that no “immediate vindication of a grave offense.” (People v.
every person shall be held responsible for all the natural Rebucan. G.R. 182551, 27 July 2011)
and logical consequences of his felonious act and,
complementing this Art. 3 is Art. of the same RPC, which PASSION OR OBFUSCATION
provides that “criminal liability shall be incurred (1) by any ART. 13(6), RPC
person committing a felony, although the wrongful act done
be different from that which he intended.” These two Elements of Passion or Obfuscation
articles of the RPC must thus apply with implacable force
against Buenamer; he must be called to account for all the 1. There is an act, both unlawful and sufficient to produce
natural and logical consequences of his felonious act; and such a condition of mind; and
hence must be deemed to have incurred criminal liability,
although the felonious act he committed might have been 2. The said act which produced the obfuscation was not
different from that which he intended. (People v. Buenamer, far removed from the commission of the crime by a
G.R. No. 206227, 31 Aug. 2016) considerable length of time, during which the
perpetrator might recover his normal equanimity.
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“Considerable length of time” SIMILAR AND ANALOGOUS CIRCUMSTANCES
ART. 13(10), RPC
There is no uniform rule on what constitutes "a
considerable length of time." The provocation and the d) AGGRAVATING CIRCUMSTANCES
commission of the crime should not be so far apart that a
reasonable length of time has passed during which the Aggravating Circumstances
accused would have calmed down and be able to reflect on
the consequences of his or her actions. What is important is Those which, if attendant in the commission of the crime:
that the accused has not yet "recovered his normal
equanimity" when he committed the crime. (People v. 1. Serve to increase the penalty without, however,
Oloverio, G.R. No. 211159, 18 Mar. 2015) exceeding the maximum of the penalty provided by
law for the offense; or
VOLUNTARY SURRENDER AND 2. Change the nature of the crime.
VOLUNTARY CONFESSION OF GUILT
ART. 13(7), RPC Kinds of Aggravating Circumstances (1999 BAR)
Requisites of Voluntary Surrender (No-Su-Vo) 1. Generic – those that can generally apply to almost
all crimes.
1. Offender had Not been actually arrested; 2. Specific – those that apply only to particular
2. He Surrendered himself to a person in authority or to crimes.
the latter’s agent; and 3. Qualifying – those that change the nature of the
3. The surrender was Voluntary. crime.
Requisites of Voluntary Confession of Guilt (1999 BAR) 4. Inherent – those that must of necessity accompany
(S-O-P) the commission of the crime. They are already
elements in the commission of the crime. Thus,
1. The offender Spontaneously confessed their guilt; they are no longer considered against the offender
2. It was made in Open court (that is, before the so as to increase the imposable penalty. (Art. 62(2),
competent court that is to try the case); and RPC)
3. It was made Prior to the presentation of evidence for
the prosecution. 5. Special – those which arise under special
conditions to increase the penalty of the offense
PHYSICAL DEFECT and cannot be offset by mitigating circumstances,
ART. 13(8), RPC except for privileged mitigating circumstances.
ILLNESS OF THE OFFENDER NOTE: To be applicable, the public officer must have used
ART. 13(9), RPC their: (I-P-A)
11 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
CONTEMPT OR INSULT Age
TO PUBLIC AUTHORITIES
ART. 14(2), RPC The circumstance of lack of respect due to age applies in
cases where the victim is of tender age as well as of old age.
Requisites of Contempt or Insult to Public Authorities
as an Aggravating Circumstance: NOTE: The accused must have deliberately intended to
offend or insult the age of the victim. (People v. Diaz, G.R. No.
1. That the public authority is engaged in the exercise of L-24002, 21 Jan. 1974)
their functions;
2. Such authority is not the person against whom the crime Sex
is committed;
3. Offender knows them to be a public authority; and It refers to the female sex, not to the male sex.
4. Their presence has not prevented the offender from
committing the crime. Accused must have deliberately intended to offend or insult
the sex of the victim or showed manifest disrespect to her
Public Authority womanhood.
1. With insult or in disregard of the respect due to the Requisites of Obvious Ungratefulness: (T-A-O)
offended party on account of his: (R-A-S)
a. Rank 1. That the offended party had Trusted the offender;
b. Age 2. Abused such trust by committing a crime against the
c. Sex offended party; and
3. That the act be committed with Obvious
2. In the dwelling of the offended party, if the latter has ungratefulness.
not given sufficient provocation.
PALACE AND PLACES OF COMMISSION
Rank OF THE OFFENSE
ART. 14(5), RPC
It refers to official, civil, or social position or standing. There
must be a difference in the social condition of the offender Places of Commission of Offenses
and the offended party.
1. In the palace of the Chief Executive;
2. In his presence (of the Chief Executive);
3. Where public authorities are engaged in the discharge
of their duties; or
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4. In a place dedicated to religious worship. AID OF ARMED MEN
ART. 14(8), RPC
NIGHTTIME, UNINHABITED
PLACE, OR BY A BAND Requisites of Aid of Armed Men:
ART. 14(6), RPC
1. That armed men or persons took part in the commission
Instances when Nighttime, Uninhabited Place, or By a of the crime, directly or indirectly; and
Band is Considered Aggravating 2. That the accused availed himself of their aid or relied
upon them when the crime is committed.
1. It facilitated the commission of the crime;
By a Band vs. Crime With the Aid of Armed Men
2. It is especially sought for by the offender to ensure the
commission of the crime; and WITH THE AID OF
BY A BAND
ARMED MEN
Art. 14(6)
3. The offender took advantage thereof for the purpose of Art.14(8)
impunity. As to Number of Armed Malefactors
Requires more than 3 At least 2 armed
Nighttime armed malefactors malefactors
As to Participation of Armed Malefactors
Nighttime or nocturnity is a period from after sunset to This circumstance is
sunrise, from dusk to dawn. It is necessary that the At least four malefactors
present even if one of the
commission of the crime was commenced and completed at shall have acted together
offenders merely relied on
nighttime. in the commission of an
their aid, actual aid is not
offense
necessary
Darkness of the night makes nighttime an aggravating As to Criminal Liability
circumstance. Hence, when the place of the crime is Band members are all Armed men are mere
illuminated or sufficiently lighted, nighttime is not principals accomplices
aggravating.
RECIDIVISM
Uninhabited Place ART. 14(9), RPC
13 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
lighter penalty than that for the new offense; and BY MEANS OF INUNDATION, FIRE,
EXPLOSION, POISON, ETC.
3. That he is convicted of the new offense. ART. 14(12), RPC
This phrase in Par. 10 means that the accused previously If the crime be committed by means of: (IF-PESDA)
served sentence for another offense or sentences for other
offenses before his trial for the new offense. (People v. 1. Inundation;
Abella, G.R. No. L-32205, 31 Aug. 1979) 2. Fire;
3. Poison;
Reiteracion vs. Recidivism 4. Explosion;
5. Stranding of the vessel or intentional damage thereto;
REITERACION RECIDIVISM 6. Derailment of locomotive; or
As to Requirement of Service of Sentence 7. By use of any other Artifice involving great waste and
ruin.
IN CONSIDERATION OF A PRICE,
For evident premeditation to be appreciated, it is
REWARD, OR PROMISE
indispensable to show concrete evidence on how and when
ART. 14(11), RPC
the plan to kill was hatched or how much time had elapsed
before it was carried out. (Peralta, 2021)
Requisites of In Consideration of a Price, Reward, or
Promise:
CRAFT, FRAUD, OR DISGUISE
ART. 14(14), RPC
1. There are at least two (2) principals:
a. principal by inducement
Craft vs. Fraud vs. Disguise
b. principal by direct participation; and
U N IV E R S I T Y O F S A N T O T O M A S 14
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ABUSE OF SUPERIOR STRENGTH OR MEANS BE Instances that may be Absorbed by Treachery
EMPLOYED TO WEAKEN THE DEFENSE
ART. 14(15), RPC 1. Abuse of superior strength;
2. Aid of armed men;
Requisites of Abuse of Superior Strength 3. By a band;
(Not-Ad) 4. Means to weaken the defense;
5. Craft; and
1. That there be Notorious inequality of forces between 6. Nighttime.
the offender and the offended party in terms of their
age, size, and strength; and IGNOMINY
ART. 14(17), RPC
2. That the offender took Advantage of this inequality of
forces to facilitate the commission of the crime. Ignominy
Requisites of Means to Weaken Defense: It is a circumstance pertaining to the moral order, which
adds disgrace to the material injury caused by the crime.
1. Means were purposely sought to weaken the defense of Ignominy adds insult to injury or adds shame to the natural
the victim to resist the assault; and effects of the crime. Ignominy shocks the moral conscience
of man.
2. The means used must not totally eliminate possible
defense of the victim, otherwise, it will fall under Application of Ignominy
treachery.
1. Crimes against chastity;
TREACHERY 2. Less serious physical injuries;
ART. 14(16), RPC 3. Light or grave coercion; and
4. Murder.
Elements of Treachery (Emp-Del):
UNLAWFUL ENTRY
1. The Employment of means, methods or forms in the ART. 14(18), RPC
execution of the criminal act which gives the person
attacked no opportunity to defend himself or to Unlawful Entry
retaliate; and
2. The said means, methods, or forms of execution were There is unlawful entry when an entrance is effected by a
Deliberately or consciously adopted by the assailant. way not intended for the purpose.
NOTE: In order to appreciate treachery, both elements NOTE: This circumstance is inherent in the crimes of
must be present. (People v. Corpin, G.R. No. 232493, 19 June trespass to dwelling and robbery with force upon things.
2019) But it is aggravating in the crime of robbery with violence
Essence of Treachery against or intimidation of persons.
The suddenness, surprise and the lack of expectation that BREAKING WALL, ROOF, FLOOR,
the attack will take place, thus, depriving the victim of any DOOR OR WINDOW
real opportunity for self-defense while ensuring the ART. 14(19), RPC
commission of the crime without risk to the aggressor.
Likewise, even when the victim was forewarned of the Requisites of Breaking Wall, Roof, Floor, Door, or
danger to his person, treachery may still be appreciated Window
since what is decisive is that the execution of the attack
made it impossible for the victim to defend himself or to 1. A wall, roof, floor, door, or window was broken; and
retaliate (People v. Villacorta, G.R. No. 186412, 07 Sept. 2. They were broken to effect entrance.
2011).
AID OF PERSONS UNDER 15 YEARS OF AGE OR BY
Frontal Attack does NOT Negate the Presence of MEANS OF MOTOR VEHICLE OR
Treachery OTHER SIMILAR MEANS
ART. 14(20), RPC
Although frontal, if the attack was unexpected, and the
unarmed victim was in no position to repel the attack,
treachery can still be appreciated. (People v. Pelis, G.R. No.
189328, 21 Feb. 2011)
15 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
CRUELTY NOTE: The drug test in Sec. 15 does not cover persons
ART. 14(21), RPC apprehended or arrested for any unlawful acts listed under
Art. II of R.A. No. 9165. Thus, this qualifying aggravating
Requisites of Cruelty: (Ali-En) circumstance shall be considered only to crimes punishable
under R.A. No. 9165. (Dela Cruz v. People, GR 200748, 23 July
1. That at the time of the infliction of the physical pain, the 2014)
offended party is still Alive; and
2. That the offender Enjoys and delights in seeing his e) ALTERNATIVE CIRCUMSTANCES
victim suffer gradually by the infliction of the physical
pain. Alternative Circumstances
Other Special Aggravating Circumstances Those circumstances which must be taken into
consideration as aggravating or mitigating according to the
1. Organized or syndicated crime group; nature and effects of the crime and the other conditions
2. Under influence of dangerous drugs; and attending its commission.
3. Use of unlicensed firearm.
These are: (R-I-D)
USE OF LOOSE FIREARMS (R.A. No. 10591) AND USE OF 1. Relationship;
EXPLOSIVES (R.A. No. 8294) 2. Intoxication;
AS AGGRAVATING CIRCUMSTANCE 3. Degree of instruction and education of the offender.
The use of a loose firearm, when inherent in the commission Relationships Taken into Consideration
of a crime punishable under the RPC or other special laws,
shall be considered as an aggravating circumstance. (Sec When the offended party is the: (SAD-LAR)
29(1), R.A. No. 10591)
1. Spouse;
Q: If an unlicensed firearm was used to kill a person, can 2. Ascendant;
he be held guilty for a separate offense of illegal 3. Descendant;
possession of firearms aside from murder or homicide? 4. Legitimate, natural, or adopted brother or sister;
5. Relative by affinity in the same degree of the
A: NO. Where murder or homicide results from the use of offender; and
an unlicensed firearm, the crime is no longer qualified 6. Other relatives included by Analogy to ascendants
illegal possession, but murder or homicide, as the case may and descendants (e.g., stepparents – it is their duty to
be. In such a case, the use of the unlicensed firearm is not bestow upon their stepchildren a mother/father’s
considered as a separate crime but shall be appreciated as affection, care and protection).
an aggravating circumstance. (People v. Avecilla, G.R. No.
117033, 15 Feb. 2001) INTOXICATION
ART. 15(2), RPC
NOTE: The same ruling will be applicable under R.A. No.
10591. Intoxication considered Mitigating (2000, 2002 BAR)
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High Degree of Instruction and Education 3. PERSONS LIABLE AND
DEGREE OF PARTICIPATION
High degree of instruction or education is aggravating when
the offender took advantage of his learning in the
a) PRINCIPALS, ACCOMPLICES,
commission of the crimes.
AND ACCESSORIES
f) ABSOLUTORY CAUSES
PRINCIPALS
ART. 17, RPC
Absolutory Causes
Kinds of Principals: (D-I-IC)
Those where the act committed is a crime but for reasons of
public policy and sentiment, there is no penalty imposed.
1. Principal by Direct participation;
2. Principal by Induction/inducement; and
Instigation
3. Principal by Indispensable Cooperation
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CRIMINAL LAW
iii. Words used must be so direct, so efficacious, 3. Harboring, concealing, or assisting in the escape of the
and powerful as to amount to physical or principal of the crime. (2008 BAR)
moral coercion;
NOTE: An instance when Accessories are NOT Criminally
iv. Words of command must be uttered prior to Liable is when the felony committed is a light felony.
the commission of the crime; and
Accessories who are Exempt from Criminal Liability
v. Material executor of the crime has no (1998, 2004, 2010 BAR)
personal reason to commit the crime.
GR: An accessory is exempt from criminal liability, when the
Principal by Indispensable Cooperation principal is his: (S-A-D-Le-R)
3. That there be a Direct relation between the acts done XPN: Even though there was conspiracy, if a co-conspirator
by the principal and those attributed to the person merely cooperated in the commission of the crime with
charged as an accomplice. insignificant or minimal acts, such that even without his
cooperation, the crime could be carried out as well, such co-
NOTE: In case of doubt, the participation of the offender will conspirator should be punished as an accomplice only.
be considered that of an accomplice rather than that of a (People v. Niem, CA No. 521, 20 Dec. 1945)
principal.
XPN to the XPN: When the act constitutes a single
ACCESSORIES indivisible offense.
ART. 19, RPC
Requisites of Conspiracy:
Accessories (1992, 1998, 2004, 2008 BAR)
1. Two or more persons came to an agreement;
Those who do not participate in the criminal design, nor 2. Agreement concerned the commission of a crime; and
cooperate in the commission of the felony, but with 3. Execution of a felony was decided upon.
knowledge of the commission of the crime, he subsequently
takes part in three (3) ways by: (Prof-C-Har) NOTE: Mere knowledge, acquiescence to, or approval of the
act, without cooperation or at least, agreement to
1. Profiting themselves or assisting the offender to profit cooperate, is not enough to constitute a conspiracy. Except
by the effects of the crime; when he is the mastermind in a conspiracy, it is necessary
2. Concealing or destroying the body of the crime or the that a conspirator should have performed some overt act as
effects thereof in order to prevent its discovery; and a direct or indirect contribution in the execution of the
U N IV E R S I T Y O F S A N T O T O M A S 18
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PRE-WEEK NOTES 2023
crime planned to be committed. (2) HABITUALITY (REITERACION)
Ways in Committing Conspiracy (1996 BAR) The offender has been previously punished for an offense
which the law attaches an equal or greater penalty or for
1. Direct or Express Conspiracy – There is an express two or more crimes to which it attaches a lighter penalty.
agreement.
(3) QUASI-RECIDIVISM
GR: The liability of the conspirators is only for the
crime agreed upon. Any person who shall commit a felony after having been
convicted by final judgment before beginning to serve
XPNs: such sentence or while serving such sentence shall be
a. The other crime was committed in their presence punished by the maximum period prescribed by law for
and they did not prevent its commission; the new felony. (Art. 160, RPC)
b. When the other crime is the natural consequence
of the crime planned (e.g., homicide resulting from Elements of Quasi-recidivism
physical injuries); or
c. When the resulting crime was a composite crime 1. Offender was already convicted by final judgment of
or a special complex crime. one offense; and
2. He committed a new felony before beginning to serve
2. Implied Conspiracy – The offenders acted in concert in such sentence or while serving the same.
the commission of the crime. Their acts are coordinated
or synchronized in a way indicative that they are Applicability of Quasi-recidivism (2018 BAR)
pursuing a common criminal objective, and they shall
be deemed to be acting in conspiracy and their criminal Art. 160 of the RPC applies although the next offense is
liability shall be collective, not individual. different in character from the former offense for which the
defendant is serving sentence. It makes no difference
Legal Effects of Implied Conspiracy (1998, 2003 BAR) whether the crime for which an accused is serving a
sentence at the time of the commission of the offense
1. Not all those who are present at the scene will be charged falls under the RPC or under a special law.
considered as conspirators;
2. Only those who participated by criminal acts in the (4) HABITUAL DELINQUENCY
commission of the crime will be considered as co-
conspirators; and Requisites of Habitual Delinquency as an Aggravating
3. Mere acquiescence to or approval of the commission of Circumstance
the crime, without any act of criminal participation, shall
not render one criminally liable as co-conspirator. 1. Within a period of 10 years from the date of his release
or last conviction;
Proposal 2. Of the crime of serious or less serious physical injuries,
robbery, theft, estafa or falsification; and
Exists when the person who has decided to commit a felony 3. He is found guilty of said crimes a third time or oftener.
proposes its execution to some other person or persons.
Offender can be a Recidivist and a Habitual Delinquent
Requisites of a Proposal at the Same Time
1. A person has decided to commit a felony; When the offender is a recidivist and at the same time a
2. He proposes its execution to other person or persons; habitual delinquent, the penalty for the crime for which he
and will be convicted will be increased to the maximum period,
3. The proposal need not be accepted or else it shall be a unless offset by a mitigating circumstance. After
conspiracy. determining the correct penalty for the last crime
committed, an added penalty will be imposed in accordance
c) MULTIPLE OFFENDERS with Art. 62.
(DIFFERENCES, RULES, EFFECTS)
(1) RECIDIVISM
The offender at the time of his trial for one crime shall
have been previously convicted by final judgment of
another crime embraced in the same title of the RPC.
19 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
d) DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND PROTECTION OF
CRIMINAL OFFENDERS (P.D. 1829)
U N IV E R S I T Y O F S A N T O T O M A S 20
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PRE-WEEK NOTES 2023
Recidivism, Reiteracion, Habitual delinquency, and Quasi-Recidivism, Distinguished
REITERACION
RECIDIVISM HABITUAL DELIQUENCY QUASI-RECIDIVISM
(HABITUALITY)
As to Definition
As to Crimes or Offenses
Offender has previously
served sentence for another
crime to which the law
First crime for which the
Requires that the offenses be attaches an equal or greater
offender is serving sentence
included in the same Title of penalty or for two or more Crimes covered are serious
may be a felony under the
the RPC crimes to which it attaches a or less serious physical
RPC or an offense under a
lighter penalty. injuries, robbery, theft,
SPL but the second crime
Covers felonies under RPC estafa, and falsification
must be a felony under the
only The previous and
RPC
subsequent offenses must
NOT be embraced in the
same Title of the RPC.
As to Effect
Shall be punished by the
Not always aggravating; its
It increases the penalty to its Shall suffer additional maximum period of the
appreciation is within the
maximum period penalty penalty prescribed by law for
discretion of the court
the new felony
As to Offsetting
Special aggravating
Extraordinary aggravating circumstance which may be
A generic aggravating A generic aggravating circumstance which cannot offset by special privileged
circumstance circumstance be offset by a mitigating mitigating circumstances not
circumstance by ordinary mitigating
circumstances
NOTE: If recidivism and reiteracion are both present, only recidivism must be appreciated because it is easier to prove.
21 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
3. Rape (as amended by R.A. No. 8353)
C. PENALTIES
The subsequent valid marriage between the offender
and the offended party shall extinguish criminal
liability or the penalty imposed. In case the legal
1. IMPOSABLE PENALTIES husband is the offender, subsequent forgiveness by the
wife as offended party shall also produce the same
Only that penalty prescribed by law prior to the commission effect.
of the felony may be imposed. No person shall be subject to
criminal prosecution for any act of his until after the State 2. CLASSIFICATION OF PENALTIES
has defined the crime and has fixed a penalty therefore (U.S.
v. Parrone, G.R. No. L-7038, 07 Jan. 1913)
General Classifications of Penalties
U N IV E R S I T Y O F S A N T O T O M A S 22
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PRE-WEEK NOTES 2023
SCALE OF ACCESSORY PENALTIES 1. Is the penalty proper? Explain.
(Dis2 – SuC – InForC) A: NO. Imposing the penalty of fine jointly and severally on
E and M is not proper. The penalty should be imposed
1. Perpetual or Temporary Absolute Disqualification; individually on every person accused of the crime. Any of
2. Perpetual or Temporary Special Disqualification; the convicted accused who is insolvent and unable to pay
3. Suspension from public office, the right to vote and be the fine, shall serve the subsidiary imprisonment.
voted for, the profession or calling;
4. Civil interdiction; 2. May the judge impose an alternative penalty of fine
5. Indemnification; or imprisonment? Explain.
6. Forfeiture or confiscation of instruments and proceeds
of the offense; and A: NO. The judge may not validly impose an alternative
7. Payment of Costs penalty. Although the law may prescribe an alternative
penalty for a crime, it does not mean that the court may
3.DURATION AND EFFECTS impose the alternative penalties at the same time. The
sentence must be definite; otherwise, the judgment cannot
attain finality.
Duration of Each of Different Penalties
Prision Mayor 6 yrs. and 1 day to 12 yrs., except Subsidiary personal liability is to be suffered by the convict
when disqualification is accessory who has no property with which to meet the fine, at the rate
Temporary penalty, in which case its duration of one day for each amount equivalent to the highest
Disqualification is that of the principal penalty minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the
Prision trial court. (R.A. No. 10159 approved on 10 Apr. 2012)
Correccional 6 mos. and 1 day to 6 yrs., except
when suspension is an accessory
Suspension Imposition of Subsidiary Penalty
penalty, in which case its duration
Destierro is that of the principal penalty
1. When there is a principal penalty of imprisonment or
any other principal penalty and it carries with it a fine;
Arresto Mayor 1 month and 1 day to 6 mos. or
Arresto Menor 1 day to 30 days 2. When penalty is only a fine.
The period during which the bond NOTE: There is no subsidiary penalty for nonpayment of
Bond to Keep the
shall be effective is discretionary damages to the offended party.
Peace
on the court.
Instances when Subsidiary Penalty is NOT Imposed
Penalty Cannot be Imposed in the Alternative
1. If the penalty imposed by the court is higher than
The law does not permit any court to impose a sentence in prision correccional (i.e., prision mayor, reclusion
the alternative, its duty being to indicate the penalty temporal, or reclusion perpetua); (2013 BAR)
imposed definitely and positively. (People v. Mercadejas,
C.A., 54 O.G. 5707; People v. Tabije, C.A., 59 O.G. 1922) 2. No subsidiary penalty for nonpayment of:
a. Reparation of the damage caused;
Q: E and M are convicted of a penal law that imposes a b. Indemnification of the consequential damages;
penalty of fine or imprisonment or both fine and and
imprisonment. The judge sentenced them to pay the c. Cost of the proceedings.
fine, jointly, and severally, with subsidiary
imprisonment in case of insolvency. (2005 BAR) 3. When there is no fixed duration; and
4. Non-payment of income tax.
23 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
b) INDETERMINATE SENTENCE LAW A: 10 years of prision mayor as minimum to 17 years & 4
(R.A. No. 4103, as amended by Act No. 4225) months of reclusion temporal as maximum.
Q: Explain the application of the Indeterminate Reason: 17 years and 4 months is the commencement of
Sentence Law (ISLAW). (2012, 2016 BAR) the duration of the maximum period of reclusion temporal
while 10 years is part of prision mayor, the penalty next
A: The court must, instead of a single fixed penalty, except lower in degree to reclusion temporal.
where the imposable penalty is 1 year or less, determine
two penalties, referred to in the Indeterminate Sentence NOTE: In determining penalties for a complex crime, the
Law as the “maximum” and “minimum” terms. The graver penalty shall be considered, thus, direct assault is
maximum shall, in view of the attending circumstances, be there to confuse the examiner. What should be considered
properly imposed under the rules of the RPC, and the is the penalty for homicide since it is graver.
minimum shall be within the range of the penalty next
lower to that prescribed by the Code for the offense; and if Q: Bruno was charged with homicide for killing the 75-
the offense is punished by any other law (special law), the year-old owner of his rooming house. The prosecution
court shall sentence the accused to an indeterminate proved that Bruno stabbed the owner causing his death,
sentence, the maximum term of which shall not exceed the and that the killing happened at 10 in the evening in the
maximum fixed by said law and the minimum shall not be house where the victim and Bruno lived. Bruno, on the
less than the minimum term prescribed by the same. (Sec. 1, other hand, successfully proved that he voluntarily
Act No. 4103 as amended by Act No. 4225) surrendered to the authorities; that he pleaded guilty
to the crime charged; that it was the victim who first
Rules in Imposing a Penalty under the ISLAW (1999, attacked and did so without any provocation on his
2005, 2009, 2010, 2013 BAR) (Bruno's) part, but he prevailed because he managed to
draw his knife with which he stabbed the victim.
GR: The ISLAW is mandatory in all cases where the
maximum term of imprisonment exceeds one (1) year. The penalty for homicide is reclusion temporal.
Assuming a judgment of conviction and after
XPN: If the accused fall in any of the following exceptions: considering the attendant circumstances, what penalty
(METH-1DeaP-VJ) should the judge impose? (2013 BAR)
U N IV E R S I T Y O F S A N T O T O M A S 24
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PRE-WEEK NOTES 2023
a. Fitted by his training for release; What are the Graduating Factors
b. Reasonable probability that such prisoner will live
and remain at liberty without violating the law; 1. Stages of execution;
c. Release will not be incompatible with the welfare 2. Nature of participation; and
of society. (Sec. 5, Act 4103, as amended) 3. Presence of privileged mitigating circumstance.
25 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
prescribed penalty. Application of Graduated Scale
2nd RULE: The law prescribes two (2) indivisible
penalties. The graduated scale is followed when the law prescribes a
penalty lower or higher by one or more degrees than
When the penalty is composed of two indivisible penalties, another given penalty.
the following rules shall be observed: SCALE 1 SCALE 2
1. Death 1. Perpetual or
1. When there is only one aggravating circumstance, 2. Reclusion Perpetua Temporary Absolute
the greater penalty shall be imposed; 3. Reclusion Temporal Disqualification
4. Prision Mayor 2. Suspension from
2. When there is neither mitigating nor aggravating 5. Prision Correccional Public Office, the right
circumstances, the lesser penalty shall be imposed; 6. Arresto Mayor to vote and to be
7. Destierro voted for, the
3. When there is a mitigating circumstance and no 8. Arresto Menor profession or calling
aggravating circumstance, the lesser penalty shall be 9. Public censure 3. Public Censure
imposed; and 10. Fine 4. Fine
(Art. 71, RPC)
4. When both mitigating and aggravating
circumstances are present, the court shall allow them Penalties Imposed on Principals, Accomplices,
to offset one another. (1995 BAR) Accessories, in accordance with the Stages of
Committing a Felony
RULES FOR THE APPLICATION OF
DIVISIBLE PENALTIES CONSUMMATE
(ART. 64, RPC) FRUSTRATED ATTEMPTED
D
Principals
Q: What are the Divisible Penalties: One (1) degree Two (2) degrees
Penalty
lower than the lower than the
1. Penalty composed of three (3) periods; prescribed by
penalty penalty
2. Penalty not composed of three (3) periods; law for the
prescribed by prescribed by
3. Complex penalty; and offense.
law. law.
4. Penalty without a specific legal form. (Campanilla, Accomplices
2017) One (1) degree Two (2) degrees Three (3)
lower than the lower than the degrees lower
Penalty composed of Three (3) Periods penalty penalty than the penalty
prescribed by prescribed by prescribed by
When the penalty is composed of three (3) periods, the law. law. law.
following rules shall be observed: Accessories
Two(2) degrees Three(3) Four (4) degrees
IF THE PENALTY COMPOSED OF lower than the degrees lower lower than the
THREE (3) PERIODS penalty than the penalty penalty
No Mitigating and prescribed by prescribed by prescribed by
Medium period law. law. law
Aggravating
One (1) Mitigating Minimum period (Arts. 50-57, RPC)
One (1) Aggravating Maximum period
When there are the court shall offset those of GR:
aggravating and one class against the other 1. Penalties are imposed upon the principals.
mitigating according to relative weight 2. Whenever the law prescribes a penalty for a felony in
penalty next lower, in the general terms, it shall be understood to apply to a
Two or more consummated felony.
period applicable, according to
mitigating and No
the number and nature of such
Aggravating XPNs: This shall not apply if:
circumstances
No penalty greater than the maximum period of the 1. The law expressly provides penalties for accomplices
penalty prescribed by law shall be imposed, no matter and accessories of a crime.
how many aggravating circumstances are present 2. The law expressly provides penalties for frustrated
and attempted stages.
U N IV E R S I T Y O F S A N T O T O M A S 26
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6. ACCESSORY PENALTIES
D. EXECUTION AND SERVICE OF SENTENCE
PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
Place of Service of the Penalties
Perpetual or temporary absolute disqualification and
Perpetual or temporary special disqualification may either a. Reclusion Perpetua, Reclusion Temporal, Prision
be a principal penalty or an accessory penalty. Mayor, Prision Correccional, and Arresto Mayor – In
Duration the places and penal establishments provided by the
Administrative Code. (Art. 86, RPC)
1. If PERPETUAL – for life
2. If TEMPORARY: b. Arresto Menor –
a. Principal – 6 years and 1 day to 12 years; 1. In the municipal jail; or
b. Accessory – its duration shall be that of the 2. In the house of the offender, but under the
principal penalty (Art. 27, RPC) surveillance of an officer of the law whenever the
court provides in the decision due to the health
PERPETUAL OR TEMPORARY of the offender and other reasons which may
SPECIAL DISQUALIFICATION seem satisfactory to it. (Art. 88, RPC)
For the Exercise of the Right of Suffrage: Instances or Situations in Criminal Cases wherein the
Accused, Either as an Adult or as a Minor, can Apply for
1. Deprivation of right to vote or to be elected to any and/or be Granted a Suspended Sentence (2006 BAR)
public office; and
2. Cannot hold any public office during the period of 1. Where the accused became insane before sentence
disqualification. (Art. 32, RPC) could be promulgated under Art. 79;
CIVIL INTERDICTION 2. Where the offender, upon conviction by the trial court,
filed an application for probation which has been
Civil Interdiction granted; (Baclayon v. Mutia, G.R. No. L-59298, 30 Apr.
1984)
It is an accessory penalty which produces the following
effects: (Pa-Ma-Ma-D) 3. Where the offender needs to be confined in a
rehabilitation center because of drug dependency
1. Deprivation of the rights of Parental authority or although convicted of the crime charged;
guardianship of any ward;
2. Deprivation of Marital authority; and 4. Where the offender is a youthful offender under Art.
3. Deprivation of the right to Manage his property; and 192 of P.D. 603;
4. Deprivation of the right to Dispose of such property by
any act or any conveyance inter vivos. (Art. 34, RPC) 5. Where the crime was committed when the offender is
under 18 years of age and he is found guilty thereof in
NOTE: Offender may dispose such property by will or accordance with R.A. No. 9344, but the trial court
donation mortis causa. subjects him to appropriate disposition measures as
prescribed by the Supreme Court in the Rule on
INDEMNIFICATION Juveniles in Conflict with the Law;
It refers to moral, exemplary, and actual damages. 6. Under R.A. No. 9165:
27 U N IV E R S I T Y O F S A N T O T O M A S
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a. First time minor offender – an accused is over 15 Effect of Filing for Application for Probation
at the time of the commission of the offense but not
more than 18 years of age at the time when A judgment of conviction becomes final when the accused
judgment should have been promulgated after files a petition for probation. However, the judgment is not
having been found guilty of said offense if he has executory until the petition for probation is resolved. The
not been previously convicted of violating any filing of the petition for probation is a waiver by the accused
provision of R.A. 9165; of his right to appeal the judgment of conviction.
b. He has not been previously committed to a Center Q: In what instance may an accused who appeals a
or to the care of a DOH-accredited physician; judgment of conviction still apply for probation?
Explain. (2019 BAR)
c. The Board favorably recommends that his sentence
be suspended. A: Under Sec. 4 of PD 968, as amended by RA 10707, no
application for probation shall be entertained or granted if
7. When the sentence is death, its execution may be the defendant has perfected the appeal from the judgment
suspended or postponed by the Supreme Court, of conviction. However, when a judgment of conviction
through the issuance of T.R.O. upon the ground of imposing a non-probationable penalty is appealed or
supervening events. (Echegaray v. Secretary of reviewed, and such judgment is modified through the
Justice, G.R. No. 132601, 19 Jan. 1999) imposition of a probationable penalty, the defendant shall
be allowed to apply for probation based on the modified
1. THREE-FOLD RULE decision before such decision becomes final.
Conditions of Probation
Three-Fold Rule
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2. There is an undue risk that during the period of Effects of Termination of Probation
probation the offender will commit another crime; or
3. Probation will depreciate the seriousness of the offense 1. Case is deemed terminated.
committed. (Sec. 8, P.D. 968) 2. Restoration of all civil rights lost or suspended.
3. Totally extinguishes his criminal liability as to the
Disqualified Offenders (2004 BAR) offense for which probation was granted. (Sec. 16, P.D.
968)
The benefits of the Probation Law shall not be extended to
those: 3. JUVENILE JUSTICE AND WELFARE ACT
1. Sentenced to serve a maximum term of imprisonment R.A. No. 9344, as amended by R.A. No. 10630
of more than six (6) years; (1990, 1995, 2002 BAR) in relation to P.D. 603
The court may issue the warrant for violations of any Application of Suspension of Sentence
condition of the probation.
The benefits of the suspended sentence shall not apply to a
Termination of Probation (2005 BAR) CICL who has once enjoyed suspension of sentence but shall
nonetheless apply to one who is convicted of an offense
The court may order the final discharge of the probationer punishable by reclusion perpetua or life imprisonment
upon finding that he has fulfilled the terms and conditions pursuant to the provisions of R.A. No. 9346 prohibiting the
of probation. imposition of the death penalty and in lieu thereof,
reclusion perpetua, and after application of the privileged
29 U N IV E R S I T Y O F S A N T O T O M A S
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mitigating circumstance of minority. (A.M. No. 02-1-18-SC,
24 Nov. 2009) E. EXTINCTION OF CRIMINAL LIABILITY
5. By Absolute pardon;
According to Art. 27 the RPC, the duration of the penalty of
6. By Prescription of the crime; and
arresto mayor shall be from 1 month and 1 day to 6 months;
7. By Prescription of the penalty.
whereas the duration of the penalty of arresto menor shall
be from 1 day to 30 days.
Effect of the Offender’s Death to the Criminal and Civil
Liabilities
Under the Community Service Act, the defendant may
render community service, upon the discretion of the court,
a) Before Final Judgement – Extinguished (Both
in lieu of imprisonment in the service of penalty for arresto
criminal and civil liabilities)
menor or arresto mayor.
b) On Appeal – Extinguished (Both criminal and civil
liabilities) (2020-21 BAR)
Similar to those persons under probation, a defendant who
c) After Final Judgement – Criminal liability is
shall be imposed with a penalty of community service shall
extinguished, but pecuniary penalties are not
be under the supervision of a probation officer. The court
extinguished.
will prepare an order imposing the community service,
specifying the number of hours to be worked and the period Q: A prisoner who had been convicted, but whose
within which to complete the service. The order is then appeal was pending, died due to complications caused
referred to the assigned probation officer who shall have by COVID-19. Should the prisoner’s pending appeal be
responsibility of the defendant. dismissed as a consequence? Explain briefly. (2020-21
BAR)
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arising from other sources of obligation other than delict NOTE: Act No. 3326 is not applicable where the special law
may, however, proceed against the estate of the deceased provides for its own prescriptive period. (People v. Ramos,
prisoner. G.R. No. L-25265, 09 May 1978)
Interruption of the Running of the Prescriptive Period
PRESCRIPTION OF CRIMES
The running of the prescriptive period shall be interrupted:
Prescriptive Period of Felonies (1994, 1997, 2004,
2010 BAR) Crime punishable upon the filing of the case before
by the RPC the fiscal’s office.
PENALTY PRESCRIPTIVE PERIOD upon the filing of the case before
Offense
Death, RP, RT 20 years the fiscal’s office even for
punishable by
Prision Mayor 15 years purposes of preliminary
special law
Correctional Penalties, investigation.
10 years
except Arresto Mayor Violation of
upon the filing of the case before
Arresto Mayor 5 years municipal
the appropriate court.
ordinance
CRIME PRESCRIPTIVE PERIOD
Libel 1 year Situations which do NOT follow Art. 91 (Computation of
Oral Defamation Prescription of Offenses)
6 months
Slander by Deed
Light Offenses 2 months 1. Continuing crimes – prescriptive period will start to
run only at the termination of the intended result.
FINES
PRESCRIPTIVE PERIOD 2. In crimes against false testimony – prescriptive
(Art. 26, RPC)
period is reckoned from the day a final judgment is
Afflictive Penalties 15 years
rendered and not at the time when the false testimony
Correctional Penalties 10 years
was made.
Light Penalties 2 months
3. Election offense –
Prescriptive Period of Offenses Punishable under
a. If discovery of the offense is incidental to judicial
Special Laws and Municipal Ordinances
proceedings, prescription begins when such
proceeding terminates; or
Act No. 3763, amending Act No. 3326, provides:
31 U N IV E R S I T Y O F S A N T O T O M A S
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his sentence. sentence already final and
executory at the time the
same is granted.
2. It is interrupted if the convict— As to whom granted
a. Gives himself up; The grant is in favor of Amnesty is granted in
b. Be captured; individual convicted favor of a class of convicted
c. Goes to a foreign country with which we have no offenders, not to a class of offenders, not to individual
extradition treaty; or convicted offenders. convicted offenders.
d. Commits another crime before the expiration of As to the crimes subject of the grant
the period of prescription (Art. 93, RPC) The crimes subject of the The crimes involved are
grant may be common generally political offenses
PARDON crimes or political crimes. not common crimes.
As to nature of the grant
Pardon by the Chief Executive vs. Pardon by the The grant is a private act of
Offended Party (1994 BAR) the Chief Executive which It is a public act that
does not require the requires concurrence of
PARDON BY THE PARDON BY THE concurrence of any other the Philippine Senate.
CHIEF EXECUTIVE OFFENDED PARTY public officer.
As to extinguishment of liability
It extinguishes the It does not extinguish PARTIAL EXTINCTION OF
criminal liability of the criminal liability of the CRIMINAL LIABILITY
offender. offender. ART. 94, RPC
As to civil liability
It cannot exempt the Partial Extinction of Criminal Liability
Offended party can waive the
offender from the
civil liability which the
payment of the civil 1. By conditional pardon;
offender must pay.
indemnity. 2. By commutation of the sentence; and
As to period and offenders 3. For good conduct allowances which the culprit may
Pardon should be given earn while he is undergoing preventive imprisonment
It is granted only after
before the institution of or serving his sentence. (Art. 94, RPC as amended by R.A.
conviction and may be
criminal prosecution and No. 10592)
extended to any of the
must be extended to both
offenders.
offenders. CONDITIONAL PARDON
(Art. 344, RPC)
Nature of Conditional Pardon
AMNESTY
When delivered and accepted, it is considered a contract
It is an act of sovereign power granting oblivion or a general between the sovereign power of the executive and the
pardon for a past offense, and is rarely, if ever exercised in convict that the former will release the latter upon
favor of a single individual, and is usually exerted on behalf compliance with the conditions.
of persons, who are subject to trial, but have not yet been
convicted. (Brown v. Walker, 161 U.S. 602) PAROLE
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33 U N IV E R S I T Y O F S A N T O T O M A S
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SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS,
F. CIVIL LIABILITIES IN CRIMINAL CASES TAVERNKEEPERS, AND PROPRIETORS OF
ESTABLISHMENTS
1. Restitution
3. Acquittal in the criminal action for negligence does not
2. Reparation of damage caused
preclude the offended party from filing a civil action to
3. Indemnification for consequential damages
recover damages, based on the new theory that the act
is a quasi-delict.
Civil Liabilities vs. Pecuniary Liabilities
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REPARATION from and based solely on the offense committed, i.e., civil
liability ex delicto in senso strictiore.” Corollarily, the claim
Determination of Reparation for civil liability survives notwithstanding the death of
accused, if the same may also be predicated on a source of
The court shall determine the amount of damage, taking obligation other than delict. Art. 1157 of the Civil Code
into consideration: enumerates these other sources of obligation. (People v.
Bayotas, G.R. No. 102007, 02 Sept. 1994)
1. The price of thing, whenever possible; and
2. Its special sentimental value to the injured. (Art. 106,
RPC)
INDEMNIFICATION
1. Payment or performance;
2. Loss of the thing due;
3. Condonation or remission of debt;
4. Confusion or merger of the rights of creditor and
debtor;
5. Compensation; and
6. Novation.
35 U N IV E R S I T Y O F S A N T O T O M A S
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MISPRISION OF TREASON
II. BOOK II AND RELATED SPECIAL LAWS Art. 116, RPC
Elements of Treason: (FA-W-L-A) PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS
OR IN PHILIPPINE WATERS
1. That the offender is a Filipino citizen or an Alien Art. 122, RPC
residing in the Philippines; (R.A. No. 7659)
2. That there is a War in which the Philippines is involved; Piracy vs. Mutiny
and
3. That the offender either: PIRACY MUTINY
a. Levies war against the Government; or As to offenders
b. Adheres to the enemies, giving them aid or Offenders are strangers to
comfort. the vessel. Hence, Offenders are members of
offenders are neither the complement or the
NOTE: Treason cannot be committed in times of peace. passengers nor crew passengers of the vessel.
(Reyes, 2021) members.
As to the act committed
How Treason may be Proved
Done with animo furandi
(intent to steal) and with Against the authority of the
1. Testimony of two witnesses, at least, to the same overt
the intention of universal commander of the ship.
act (Two-Witness Rule); or
hostility.
2. Confession of the accused in open court. (Art. 114(2),
RPC) As to intent to gain
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1. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY (P.D. No. 532
NO. 532)
The purpose of brigandage is, inter alia, indiscriminate
highway robbery. P.D. 532 punishes as highway robbery
a) DEFINITION OF TERMS
or brigandage only those acts of robbery perpetrated by
(Sec. 2, P.D. No. 532)
outlaws indiscriminately against any person/s on a
Philippine highway as defined, not acts committed against a
Piracy under the RPC vs. Piracy under P.D. 532
predetermined or particular victim. (People v. Puno, G.R. No.
97471, 17 Feb. 1993)
PIRACY UNDER PIRACY UNDER
THE RPC P.D. 532
As to Where it can be Committed 2. ANTI-TERRORISM ACT OF 2020
Can be committed while Can be committed only (R.A. NO. 11479)
the vessel is on high seas or when the vessel is in
in Philippine waters Philippine waters Calleja v. Executive Secretary, G.R. No. 252578, 07 Dec.
As to Who may be the Offender 2021
Can only be committed by
Can be committed by any The Supreme Court declared the following provisions of
persons who are not
person, including the R.A. No. 11479 as unconstitutional:
members of the vessel’s
vessel’s complement, or
complement, or the
the passengers of the 1. The phrase in the proviso of Section 4 which states
passengers of the vessel
vessel "which are not intended to cause death or serious
(strangers)
physical harm to a person, to endanger a person's
b) PUNISHABLE ACTS life, or to create serious risk to public safety;"
(Sec. 4, P.D. No. 532)
2. The second mode of designation found in
Elements of Piracy under P.D. 532: paragraph 2 of Section 25; and
1. That a vessel is inside the Philippine Waters; 3. The corresponding reference/provisions in the
2. That the offender is any person including Implementing Rules and Regulations of R.A. No.
members of its complement or passenger of the 11479 relative to the foregoing items.
vessel;
a) PUNISHABLE ACTS OF TERRORISM
3. That the offender attacks or seizes the vessel or
Secs. 4-12, R.A. No. 11479
seizes the whole or part of the cargo of said vessel,
its equipment or personal belongings of its
Punishable Acts
complement or passengers;
4. That the offender commits the acts by means of
1. Terrorism;
violence against or intimidation of persons or
2. Threat to Commit Terrorism;
force upon things; and
3. Planning, Training Preparing and Facilitating the
5. That the offender commits the act with intent to
Commission of Terrorism;
gain.
4. Conspiracy to Commit Terrorism;
Elements of Highway Robbery 5. Proposal to Commit Terrorism;
6. Inciting to Commit Terrorism;
1. That the offender seizes a person for ransom, 7. Recruitment to and Membership in a Terrorist
extortion or other unlawful purposes, or takes Organization;
away the property of another by means of violence 8. Foreign Terrorist; and
against or intimidation of persons or force upon 9. Providing Material Support to Terrorists.
things or other unlawful means;
2. The unlawful acts are committed on any Philippine TERRORISM
highway; and Sec. 4, R.A. No. 11479
3. Unlawful acts are directed indiscriminately against
any victim Acts Punished
37 U N IV E R S I T Y O F S A N T O T O M A S
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a. Acts intended to cause death or serious bodily TERRORIST ORGANIZATION, ASSOCIATION, OR GROUP
injury to any person, or endangers a person's life; OF PERSONS
(Sec. 4, R.A. No. 11749) Sec. 3(m), R.A. No. 11479
b. Acts intended to cause extensive damage or It shall refer to any entity organized for the purpose of
destruction to a government or public facility, engaging in terrorism, or those proscribe under Sec. 26
public place or private property; (Sec. 4(b), Ibid.) hereof of the UNSC-designated terrorist organization. (Sec.
3(m), Ibid.)
c. Acts intended to cause extensive interference with,
damage or destruction to critical infrastructure; ACCESSORY
(Sec. 4(c), Ibid.) Sec. 14, R.A. No. 11479
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(2) Further detention is necessary to prevent the latter, to the extent that the victim is compelled to limit his
commission of another terrorism; and own actions and movements in accordance with the wishes
(3) The investigation is being conducted properly and of the accused, then the victim is, for all intent and purposes,
without delay. (Ibid.) detained against his will. (Astorga v. People, G.R. No. 154130,
01 Oct. 2003)
e) NO TORTURE OR COERCION IN INVESTIGATION AND
INTERROGATION Arbitrary Detention vs. Illegal Detention
(Sec. 33, R.A. No. 11479)
ARBITRARY
ILLEGAL DETENTION
DETENTION
B. CRIMES AGAINST THE FUNDAMENTAL As to the Principal’s Capacity
LAWS OF THE STATE The principal offender The principal offender is a
Arts. 124-133 must be a public officer. private person.
As to his Duty to Detain a Person
The offender who is a The offender, even if he is
Offenders under this Title public officer has a duty a public officer, does not
which carries with it the include as his function the
GR: Offenders under this title are public officers or authority to detain a power to arrest and
employees. person. detain a person.
39 U N IV E R S I T Y O F S A N T O T O M A S
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terrorists who are detained under R.A. No. 11479 (Reyes, Act considered Notoriously Offensive
2021)
An act is considered notoriously offensive when the act is
Delay in the Delivery of Detained Persons vs. Arbitrary directed against religious practice or dogma or ritual for the
Detention purpose of ridicule, such as mocking, scoffing at, or
attempting to damage an object of religious veneration.
DELAY IN THE (People v. Baes, G.R. No. 46000, 25 May 1939)
ARBITRARY
DELIVERY OF
DETENTION
DETAINED PERSONS
Art. 124
Art. 125 1. ANTI-TORTURE ACT OF 2009
The detention is legal at (R.A. NO. 9745)
the outset but becomes
arbitrary when the
The detention is illegal at a) ACTS OF TORTURE
detention exceeds any of
the very inception (Sec. 4, R.A. No. 9745)
the periods of time
because of the absence of
specified in Art. 125
lawful cause for such Torture, as punished under the law, may either be physical
without the person
arrest. or mental/psychological.
detained having been
charged before the
a. Physical Torture is a form of treatment or
proper judicial authority.
punishment that causes severe pain, exhaustion,
disability, or dysfunction of one or more parts of
SEARCH WARRANTS MALICIOUSLY OBTAINED AND the body.
ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
Art. 129, RPC
b. Mental/Psychological Torture refers to acts
calculated to affect or confuse the mind and/or
Punishable Acts undermine a person’s dignity, and morale.
1. Procuring a search warrant without just cause; c. Other cruel, inhuman or degrading treatment or
punishment
Elements:
a. That the offender is a public officer or employee; Elements of Torture
b. That he procures a search warrant; and
c. That there is no just cause.
1. Any act by which severe physical or mental pain or
suffering:
2. Exceeding their authority or by using unnecessary 2. Is inflicted by or at the instigation of or with the
severity in executing a search warrant legally procured. consent or acquiescence of a person in authority or
his agent;
Elements:
3. Intentionally inflicted on a person;
a. That the offender is a public officer or employee; 4. For the purpose of:
b. That they have legally procured a search warrant; a. Punishment for an act he or a third person has
and committed, or is suspected of having
c. That they exceed their authority or use committed;
unnecessary severity in executing the same. b. Intimidation or coercion;
c. Any reason based on discrimination of any
OFFENDING THE RELIGIOUS FEELINGS kind; and
Art. 133, RPC d. Obtaining information or a confession (Sec.
3(a)).
Elements of Offending the Religious Feelings:
b) WHO ARE CRIMINALLY LIABLE
1. The acts complained of were performed:
Sec. 13, R.A. No. 9745
a. In a place devoted to religious worship; or
b. During the celebration of any religious ceremony As principals - Any person who actually participated or
induced another in the commission of torture, or who
2. Acts must be notoriously offensive to the feelings of the cooperated in its execution; Superior officers who issued an
faithful.
order to commit torture; Commanding officers of AFP or
PNP, if by his act, omission or negligence allowed or assisted
in the commission of torture, or if he/she has knowledge
thereof but did not take preventive or corrective action
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As accessory -Any public officer or employee will be liable COUP D’ETAT
as an accessory if he/she has knowledge that torture is Art. 134-A, RPC
being committed and without having participated in its
commission, either as principal or accomplice, takes part Elements of Coup D’etat; (2013, 2012, 1991 BAR)
subsequent to its commission (Sec. 13, R.A. No. 9745)
1. Offender is a person or persons belonging to the
military or police or holding any public office or
C. CRIMES AGAINST PUBLIC ORDER employment;
Arts. 134-160 2. There be a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. The purpose of the attack is to seize or diminish State
power; and
Political Crimes
4. The attack is directed against duly constituted
authorities of the Republic of the Philippines, or any
Those that are directly aimed against the political order, as
military camp or installation, communication
well as such common crimes as may be committed to
networks, public utilities or other facilities needed for
achieve a political purpose. The decisive factor is the intent
the exercise and continued possession of power.
or motive.
41 U N IV E R S I T Y O F S A N T O T O M A S
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SEDITION DIRECT ASSAULTS
Art. 139, RPC Art. 148, RPC
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“Qualified Direct Assault” Offended Party in Indirect Assault
Direct assault is qualified when: The offended party in the crime of indirect assault is not the
person in authority or his agent but the person who comes
1. Assault is committed with a weapon; or to the aid of the agent of a person in authority.
2. The offender is a public officer or employee; or
3. Offender lays hands upon a person in authority. NOTE: Art. 149 says “on occasion of the commission of any
of the crimes defined in the next preceding article” (Art. 148,
No Liability under Art. 148 for Direct Assault RPC). Hence, Indirect Assault can be committed only when
Direct Assault is also committed.
1. If the public officer or officer in authority is a mere
bystander; RESISTANCE AND DISOBEDIENCE TO A PERSON IN
2. If the accused did not know that the victim was a person AUTHORITY OR HIS AGENTS
in authority; or Art. 151, RPC
3. If the person assaulted was no longer a public officer at
the time of the attack even if the reason for the attack Elements of Resistance and Serious Disobedience
was due to past performance of duties. (1990, 2001 BAR)
Q: Who are deemed to be persons in authority and 1. A person in authority or his agent is engaged in the
agents of persons in authority? (1995, 2000, 2002 BAR) performance of official duty or gives a lawful order to
the offender;
A: Persons in authority are those directly vested with
jurisdiction, whether as an individual or as a member of 2. The offender resists or seriously disobeys such person
some court or government corporation, board, or in authority or his agent; and
commission. Barrio captains and barangay chairmen are
also deemed persons in authority. 3. That the act of the offender is not included in the
provisions of Arts. 148, 149, and 150.
Agents of persons in authority are persons, who by direct
provision of law, by election or by appointment by Elements of Simple Disobedience
competent authority, are charged with maintenance of
public order, the protection and security of life and 1. An agent of a person in authority is Engaged in the
property, such as barrio councilman, barrio policeman, performance of official duty or gives a lawful order to
barangay leader and any person who comes to the aid of the offender;
persons in authority. 2. The offender Disobeys such agent of a person in
authority; and
In applying the provisions of Arts. 148 and 151 of the RPC, 3. Such disobedience is Not of a serious nature.
teachers, professors, and persons charged with the
supervision of public or duly recognized private schools, NOTE: When the attack or employment of force is not
colleges and universities, and lawyers in the actual deliberate, the crime is only resistance or disobedience
performance of their professional duties or on the occasion
of such performance, shall be deemed persons in authority. In Simple Disobedience, the offended party must only be an
agent of a person in authority.
INDIRECT ASSAULTS
Art. 149, RPC PERSONS IN AUTHORITY AND AGENTS OF
PERSON IN AUTHORITY
Elements ART. 152, RPC
43 U N IV E R S I T Y O F S A N T O T O M A S
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Agent of a Person in Authority 4. Printing, publishing or distributing books,
pamphlets, periodicals, or leaflets which do not
Any person who by direct provision of law or by election or bear the real printer’s name, or which are classified
by appointment by competent authority is charged with as anonymous.
the:
ALARMS AND SCANDALS
1. Maintenance of public order; and Art. 155, RPC
2. Protection and security of life and property.
Punishable Acts
TUMULTS AND OTHER DISTURBANCES OF
PUBLIC DISORDER 1. Discharging any firearm, rocket, firecracker, or other
Art. 153, RPC explosive within any town or public place, calculated to
cause alarm or danger;
Acts Punishable
2. Instigating or taking an active part in any charivari or
1. Causing any serious disturbance in a public place, other disorderly meeting offensive to another or
office, or establishment; prejudicial to public tranquility;
2. Interrupting or disturbing performances, functions or 3. Disturbing the public peace while wandering about at
gatherings, or peaceful meetings, if the act is not night or while engaged in any other nocturnal
included in Arts. 131 and 132; amusements; and
NOTE: The crime is qualified if disturbance or 4. Causing any disturbance or scandal in public places
interruption is of a tumultuous character. while intoxicated or otherwise, provided Art. 153 is not
applicable.
3. Making any outcry tending to incite rebellion or
sedition in any meeting, association or public place; NOTE: If the disturbance is of a serious nature, the case will
4. Displaying placards or emblems which provoke a fall under Art. 153. (Reyes, 2021)
disturbance of public disorder in such place;
5. Burying with pomp the body of a person who has been Possible Offenses Committed by Creating Noise and
legally executed. Annoyance (2013 BAR)
Q: When is the disturbance of public order deemed to 1. Alarms and scandals if the disturbance affects the
be tumultuous? (2012 BAR) public in general; or
2. Unjust vexation if the noise is directed to a
A: The disturbance shall be deemed tumultuous if caused by particular person or a family.
more than three persons who are armed or provided with
means of violence. DELIVERING PRISONERS FROM JAIL
Art. 156, RPC
UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES Elements (2014, 2015 BAR)
Art. 154, RPC
1. There is a person confined in a Jail or penal
Punishable Acts establishment; and
2. That the offender removes therefrom such person, or
1. Publishing or causing to be published, by means of helps the escape of such person.
printing, lithography or any other means of
publication, as news any false news which may NOTE: Art. 156 applies even if the prisoner is in a hospital
endanger the public order, or cause damage to the or an asylum as it is considered an extension of the penal
interest or credit of the State; institution. (Reyes, 2021)
U N IV E R S I T Y O F S A N T O T O M A S 44
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Delivering the Prisoners in Jail vs. Infidelity in the d. The failure to deliver the firearm or ammunition
Custody of Prisoners within 6 months after the death or legal disability
of the licensee shall render the possessor liable
DELIVERING for illegal possession of the firearm. (Sec. 26, R.A.
INFIDELITY IN THE No. 10591)
PRISIONERS
CUSTODY OF PRISONERS
FROM JAIL
The offender is not the e. Buying or possession of stolen part or material
The offender is the from a company engaged in the manufacture and
custodian of the prisoner
custodian at the time of the sale of firearms and ammunition, and the buyer
at the time of the
escape/removal. or possessor of such stolen part or material is
escape/removal.
aware that it was stolen. (Sec. 32, (3))
EVASION BY ESCAPING DURING
2. Offenses relating to Manufacture, Importation, or
TERM OF SENTENCE
Sale;
Art. 157, RPC
45 U N IV E R S I T Y O F S A N T O T O M A S
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Ownership not an Essential Element CARRYING OF FIREARMS OUTSIDE OF RESIDENCE OR
PLACE OF BUSINESS
Ownership is not an essential element of the crime of illegal Sec. 7, Art. II, R.A. No. 10591
possession of firearms. What is merely required is either
actual or constructive possession coupled with animus A permit to carry firearms outside of residence shall be
possidendi or intent to possess. (Mendoza v. People, G.R. No. issued by the Chief of the PNP or his/her duly authorized
234196, 21 Nov. 2018) representative to any qualified person whose life is under
actual threat or his/her life is in imminent danger due to the
USE OF LOOSE FIREARM IN THE COMMISSION OF A nature of his/her profession, occupation or business.
CRIME
Sec. 29, Art. V, R.A. No. 10591 The following professionals are considered to be in
imminent danger due to the nature of their profession,
Rules in the Imposition of Penalties When Loose occupation or business:
Firearm was Used in the Commission of a Crime
a. Members of the Philippine Bar;
a. GR: The use of a loose firearm, when inherent in the b. Certified Public Accountants;
commission of a crime punishable under the RPC or c. Accredited Media Practitioners;
other SPLs, shall be considered as an aggravating d. Cashiers, Bank Tellers;
circumstance e. Priests, Ministers, Rabbi, Imams;
f. Physicians and Nurses;
b. If the crime committed with the use of a loose g. Engineers; and
firearm is penalized by the law with a maximum h. Businessmen, who by the nature of their business or
penalty which is lower than that prescribed for undertaking, are exposed to high risk of being targets
illegal possession of firearm, the penalty for illegal of criminal elements.
possession of firearm shall be imposed in lieu of the
penalty for the crime charged.
D. CRIMES AGAINST PUBLIC INTEREST
c. if the crime committed with the use of a loose Arts. 161-187
firearm is penalized by the law with a maximum
penalty which is equal to that imposed under the
preceding section for illegal possession of firearms,
FORGERY
the penalty of prision mayor in its minimum period
Art. 169, RPC
shall be imposed in addition to the penalty for the
crime punishable under the RPC or other SPLs of
Acts Punishable
which he/she is found guilty.
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a. Counterfeiting or imitating any handwriting, Elements:
signature, or rubric. (Art. 171(1)) a. Offender is a private individual or public officer or
employee who did not take advantage of his
b. Causing it to appear that persons have participated official position;
in any act or proceeding when they did not in fact
so participate. (Art. 171(2)) b. He committed any act of falsification enumerated
in Art. 171; and
c. Attributing to persons who have participated in an c. The falsification is committed in a public, official,
act or proceeding statements other than those in or commercial document.
fact made by them. (Art. 171(3))
NOTE: Under this paragraph, damage or intent to
d. Making untruthful statements in a narration of cause damage is not necessary.
facts. (Art. 171(4))
2. Falsification of private document by any person
e. Altering true dates. (Art. 171(5))
Elements:
NOTE: The alteration of the date in a document a. Offender committed any of the acts of falsification
must affect the veracity of the document of the except Art. 171(7), that is, issuing in an
effects thereof. authenticated form a document purporting to be a
copy of an original document when no such
f. Making any alteration or intercalation in a genuine original exists, or including in such a copy a
document which changes its meaning. (Art. 171(6)) statement contrary to, or different from that of the
genuine original;
g. Issuing in authenticated form a document
purporting to be a copy of an original document b. Falsification was committed in any private
when no such original exists, or including in such document; and
copy a statement contrary to, or different from, that
of the genuine original. (Art. 171(7)) c. Falsification caused damage to a third party or at
least the falsification was committed with intent
h. Intercalating any instrument or note relative to the to cause such damage.
issuance thereof in a protocol, registry or official
book. (Art. 171(8)) Mere falsification of private document is not enough.
Two things are required:
4. In case the offender is an Ecclesiastical minister, the act
of falsification is committed with respect to any record 1. He must have counterfeited the false document;
or document of such character that its falsification may and
affect the civil status of persons. 2. He must have performed an independent act which
operates to the prejudice of a third person.
Persons Liable under Art. 171
3. Use of falsified document.
1. Public officer, employees, or notary public who takes
advantage of official position; Elements:
2. Ecclesiastical minister if the act of falsification may a. In introducing in a judicial proceeding –
affect the civil status of persons; or i. Offender knew that the document was
3. Private individual, if in conspiracy with public officer. falsified by another person;
ii. The falsified document is in Arts. 171 or 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF (1 or 2);
FALSIFIED DOCUMENTS iii. He introduced said document in evidence in a
Art. 172, RPC judicial proceeding.
47 U N IV E R S I T Y O F S A N T O T O M A S
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iii. He used such document (not in judicial A: Mr. U can be charged with the crime of Usurpation of
proceedings); and Authority or Official Functions. Under Art. 177 of the RPC,
iv. The use caused damaged to another or at least Usurpation of Authority may be committed by performing
used with intent to cause damage any act pertaining to any person in authority or public
officer of the Philippine Government or of a foreign
NOTE: The user of the falsified document is deemed the government or any agency thereof, under the pretense of
author of the falsification if: (1) the use was so closely official position, and without being lawfully entitled to do
connected in time with the falsification, and (2) the user had so. Here, despite his lack of authority, Mr. U knowingly
the capacity of falsifying the document. (1997, 1999 BAR) solemnized a marriage pertaining to Mayor Z.
Falsification of Public Document vs. Private Document FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
FALSIFICATION OF FALSIFICATION OF Art. 183, RPC
PUBLIC DOCUMENT PRIVATE DOCUMENT
As to Nature of the Crime Perjury
Aside from falsification,
Mere falsification is prejudice to a third person The willful and corrupt assertion of falsehood under oath or
enough. or intent to cause it, is affirmation administered by authority of law on a material
essential. matter.
As to Commission of a Complex Crime
Can be complexed with Commission of Perjury
other crimes if the act of There is no complex crime
falsification was the of estafa through Perjury is committed through:
necessary means in the falsification of a private 1. Falsely testifying under oath; or
commission of such document. Hence, when 2. Making a false affidavit.
crimes, like estafa, theft, or one makes use of a private
malversation. document, which he Elements of Perjury (2005 BAR)
falsified, to defraud
e.g., Malversation through another, there results only 1. Accused made a statement under oath or executed an
falsification of a public one crime: that of affidavit upon a material matter (2008 BAR);
document; falsification of a private
Estafa through falsification document. 2. Statement or affidavit was made before a competent
of a public document. officer, authorized to receive and administer oath;
Usurpation of Authority vs. Usurpation of Official 4. Sworn statement or affidavit containing the falsity is
Functions required by law. (1991 BAR)
U N IV E R S I T Y O F S A N T O T O M A S 48
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As to forms or means of commission of the crime Transportation of Dangerous Drugs
1. By falsely testifying
under oath; and As used under the Dangerous Drugs Act, "transport" means
1. False testimony in
2. By making a false "to carry or convey from one place to another."
criminal cases; (Arts.
affidavit. The essential element of the charge of illegal transportation
180-181)
of dangerous drugs is the movement of the dangerous drug
2. False testimony in civil
NOTE: falsely testifying from one place to another. The fact of an actual conveyance
cases;
under oath should not be in or transportation itself is sufficient to support a finding that
a judicial proceeding. the criminal act was committed. (People v. Suico, G.R. No.
As to Time Committed 229940, 10 Sept. 2018
There is perjury even
during the preliminary Contemplates actual trial. MAINTENANCE OF A DEN, DIVE, OR RESORT
investigation. Sec. 6, R.A. No. 9165
(Reyes, 2021)
Committed By:
Elements of Sale of Dangerous Drugs: (I-D-P) Constructive Possession under R.A. 9165
1. The Identity of the buyer and seller, object, and Constructive possession exists when the drug is under the
consideration; and dominion and control of the accused or when he has the
right to exercise dominion and control over the place where
2. The Delivery of the thing sold and Payment thereof. it is found. (Del Castillo v. People, G.R. No. 185128, 30 Jan.
(People v. Buenaventura, G.R. No. 184807, 23 Nov. 2011) 2012)
49 U N IV E R S I T Y O F S A N T O T O M A S
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Exclusive Possession is Not Necessary commission of the crime. (People v. Dela Cruz, G.R. No.
205414, 04 Apr. 2016)
Exclusive possession or control is not necessary. The
accused cannot avoid conviction if his right to exercise The delivery of the contraband to the poseur-buyer and the
control and dominion over the place where the contraband receipt of the marked money consummates the buy-bust
is located, is shared with another. (Estores v. People, G.R. No. transaction between the entrapping officers and the
192332, 11 Jan. 2021) accused. (People v. Fermin, G.R. No. 179344, 03 Aug. 2011)
ILLEGAL POSSESSION OF PROHIBITED DRUGS AND Prohibition on Plea-bargaining, Sec. 23, R.A. No. 9165 is
DRUG PARAPHERNALIA IN SOCIAL GATHERINGS Unconstitutional
Secs. 13 and 14, R.A. No. 9165
The Supreme Court’s sole prerogative to issue, amend, or
Qualifying Circumstances repeal procedural rules is limited to the preservation of
substantive rights. Plea-bargaining is a rule of procedure.
The maximum of the penalty shall be imposed if illegal Sec. 23 of R.A. No. 9165 is declared unconstitutional for
possession of drugs or drug paraphernalia is during parties, being contrary to the rule-making authority of the Supreme
social gatherings or meetings or in the proximate company Court. (Estipona v. Hon. Lobrigo, G.R. No. 226679, 15 Aug.
of at least two (2) persons. (Secs. 13 and 14, R.A. No. 9165) 2017)
1. The accused was apprehended for the use of dangerous Links that Must be Established in the Chain of Custody
drugs; in a Buy-bust Situation
2. He/She was found to be positive for use of any
dangerous drugs; and The links that the prosecution must stablish in the chain of
3. No other dangerous drug was found in his/her custody in a buy-bust situation are as follows: (SM-I-Che-
possession. Co)
Q: Does Sec. 15 cover unlawful acts other than those 1. The Seizure and Marking, if practicable, of the illegal
provided for under Art. II of R.A. No. 9165? drug recovered from the accused by the apprehending
officer;
A: NO. The drug test in Sec. 15 does not cover persons 2. The turnover of the illegal drug seized by the
apprehended or arrested for any other unlawful act, but apprehending officer to the Investigating officer;
only for unlawful acts listed under Art. II of R.A. No. 9165. 3. The turnover by the investigating officer of the illegal
(Dela Cruz v. People, G.R. No. 200748, 23 July 2014) drug to the forensic Chemist for laboratory
examination; and
Nature of a Buy-bust Operation 4. The turnover and submission of the marked illegal drug
seized from the forensic chemist to the Court. (People v.
Q: Is there a valid warrantless arrest in buy bust Dahil, G.R. No. 212196, 12 Jan. 2015)
operations?
Inventory and Taking of Photographs
A: YES. There is a valid warrantless arrest when a crime is
actually being committed in the presence of the police Venue:
officer, more known as crimes in flagrante delicto. A buy- Warrantless seizure nearest police station or at the
bust operation is considered an entrapment in which the or buy-bust nearest office of the
violator is caught in flagrante delicto and the officers operation apprehending team
conducting such search has not only the authority but the Seizure by virtue if a place where the said search
duty to apprehend the violator and to search him for search warrant warrant was served
anything that may have been part of or used in the
U N IV E R S I T Y O F S A N T O T O M A S 50
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Guidelines Adopted by the Supreme Court with respect NOTE: To show an unbroken link in the chain of custody,
to the Marking and Conduct of Inventory. the prosecution’s evidence must include testimony about
every link in the chain, from the moment the item was
In the case of Padilla v. People (G.R. No. 250927, 29 Nov. 2022, seized to the time it is offered in court as evidence, such that
J. Hernando), the SC adopted the following guidelines: every person who handled the evidence would
acknowledge how and from whom it was received, where it
NOTE: the case is beyond the cut-off period was and what happened to it while in the witness’
possession, the condition in which it was received and the
1. The marking of the seized dangerous must be done: condition in which it was delivered to the next link in the
a. Immediately upon confiscation; chain.
b. At the place of confiscation; and
c. In the presence of the offender (unless the It is from the testimony of every witness who handled the
offender eluded the arrest.) evidence from which a reliable assurance can be derived
that the evidence presented in court is one and the same as
2. The conduct of inventory and taking of photographs that seized from the accused. (Derilo v. People, G.R. No.
of the seized dangerous drugs must be done: 190466, 18 April 2016)
a. Immediately after seizure and confiscation;
b. In the presence of the accused, or the person/s
from whom such items were confiscated and/or
seized, of his/her respective counsel; and
c. Also in the presence of the insulating witnesses,
as follows:
51 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
CHAIN OF CUSTODY RULE -SUMMARY FLOWCHART
(Reyes, 2021)
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6. Financier or Capitalist- Any person who finances the
F. CRIMES AGAINST PUBLIC MORALS operations of any illegal numbers game;
(ARTS. 200-202)
7. Protector or coddler- Any person who lends or
provides protection, or receives benefits in any manner
in the operation of any illegal numbers game. (Sec. 3,
GRAVE SCANDAL
R.A. 9287)
ART. 200, RPC
1. ANTI-GAMBLING ACT
(P.D. No. 1602, as amended by R.A. No. 9287)
WHO ARE PUBLIC OFFICERS
Art. 203, RPC
a) DEFINITION OF TERMS
(Sec. 2, P.D. No. 1602, as amended by
Q: Who is a public officer? (1999, 2017 BAR)
R.A. No. 9287)
1. Misfeasance
1. Bettor;
2. Malfeasance
3. Nonfeasance
2. If the person acts as a Personnel or staff of an illegal
numbers game operation or If the person Allows his
MISFEASANCE MALFEASANCE NONFEASANCE
vehicle, house, building or land to be used in such
Improper
operation; Performance of Omission of
performance of
some act which some act which
some act which
3. Collector or agent- Any person who collects, solicits or ought not to be ought to be
might be lawfully
produces bets in behalf of his/her principal for any done performed
done
illegal numbers game who is usually in possession of
gambling paraphernalia;
Crimes of Misfeasance (U-N-I-D)
4. Coordinator, controller or supervisor- Any person who
1. Knowingly rendering Unjust judgment (Art. 204, RPC);
exercises control and supervision over the collector or
agent. 2. Rendering judgment through Negligence (Art. 205,
RPC);
3. Rendering unjust Interlocutory order (Art. 206, RPC)
5. Maintainer, manager or operator;
(2013 BAR); and
53 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
4. Malicious Delay in the administration of justice. (Art. INDIRECT BRIBERY
207, RPC) Art. 211, RPC
Dereliction of duty in the prosecution of offenses (Art. 208, NOTE: If the public officer does not accept the gift, this
RPC). crime is not committed but the offeror is guilty of
Corruption of Public Officials under Art. 212.
DIRECT BRIBERY
Art. 210, RPC Direct Bribery vs. Indirect Bribery
4. The act which the offender agrees to perform or which NOTE: Art. 211-A is an insertion brought about by R.A. No.
he executes be Connected with the performance of his 7659 (Heinous Crime Law).
official duties.
U N IV E R S I T Y O F S A N T O T O M A S 54
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CORRUPTION OF PUBLIC OFFICIALS explain satisfactorily. (Quizo v. Sandiganbayan, G.R. No.
Art. 212, RPC 77120, 06 Apr. 1987)
Elements (1993, 2001, 2009 BAR) NOTE: Crime of malversation can be committed by
negligence
1. Offender makes offers, or promise, or gives gifts or
presents to a public officer; and Commission of Malversation by a Private Person
2. The offers or promises are made, or the gifts or A private person may also commit malversation under the
presents are given to a public officer under following situations:
circumstances that will make the public officer liable
for direct bribery or indirect bribery. 1. A private person conspiring with an accountable public
officer in committing malversation (People v.
NOTE: The crime committed is attempted corruption of Sendaydiego, G.R. No. L-33253-54, 20 Jan. 1978);
public official when a public officer refuses to be corrupted
or if the public officer did not accept the bribe. 2. When he has become an accomplice or accessory to a
public officer who commits malversation;
MALVERSATION OF PUBLIC FUNDS OR PROPERTY –
PRESUMPTION OF MALVERSATION 3. When the private person is made the custodian in
Art. 217, RPC whatever capacity of public funds or property, whether
belonging to national or local government, and
Punishable Acts (1994, 1999, 2001, 2005, 2008 BAR) misappropriates the same; (2017 BAR) or
55 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
3. Such public fund or property has been Appropriated by ESCAPE OF PRISONER UNDER THE CUSTODY OF A
law or ordinance; and PERSON NOT A PUBLIC OFFICER
4. He applies the same to a public use other than that for Art. 225, RPC
which such fund or property has been appropriated by
law or ordinance. Elements (Pri-C-E-Co)
Elements (BAR 1996, 2009) (Pu-C-E-Co) All public officers which include elective and appointive
officials and employees, permanent or temporary, whether
1. Offender is a Public officer; in the classified or unclassified or exempt service, receiving
2. He has in his Custody or charge, a prisoner, either compensation, even nominal from the government. (Sec.
detention prisoner or prisoner by final judgment; 2(b), R.A. No. 3019)
3. Such prisoner Escaped from his custody;
4. That he was in Connivance with the prisoner in the Government includes:
latter’s escape. (U.S. v. Bandino, G.R. No. L-9964, 11 Feb. 1. National government;
1915) 2. Local government;
3. GOCCs;
EVASION THROUGH NEGLIGENCE 4. Other instrumentalities or agencies; and
Art. 224, RPC 5. Their branches. (Sec. 2(a), R.A. No. 3019)
U N IV E R S I T Y O F S A N T O T O M A S 56
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Sec. 3(b), R.A. No. 3019 for another; and
57 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
Good Faith is Not a Defense some business, transaction, application, request or
contract with the government, in which such public
Since bad faith is an element, good faith or lack of malice is official has to intervene. (Sec. 4(a), R.A. No. 3019); and
a valid defense.
NOTE: Family relations include the spouse or relatives
Sec. 3(g), R.A. No. 3019 by consanguinity or affinity within third (3rd) civil
degree.
Elements of Sec. 3(g)
2. It shall be unlawful for any person to knowingly induce
a. Accused is a public officer; or cause any public official to commit any of the
b. The public officer entered into a contract or offenses defined in Sec. 3. (Sec. 4(b), R.A. No. 3019)
transaction on behalf of the government; and
c. Such contract or transaction is grossly and d) PROHIBITION ON CERTAIN RELATIVES
manifestly disadvantageous to the government. Sec. 5, R.A. No. 3019
Sec. 3(h), R.A. No. 3019 GR: It shall be unlawful for the spouse or relative by
consanguinity or affinity within the 3rd civil degree of the
Act Punished President, Vice President, Senate President, or Speaker of
the House to intervene, directly or indirectly, in any
Directly or indirectly having financing or pecuniary interest business, transaction, contract, or application with the
in any business, contract or transaction in connection with government.
which he intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by any law XPNs:
from having any interest. (Sec. 3(h), R.A. No. 3019) 1. Any person who, prior to the assumption of office of
any of the above officials to whom he is related, has
Sec. 3(i), R.A. No. 3019 been already dealing with the Government along the
same line of business;
Elements of Sec. 3(i)
2. Any transaction, contract, or application already
a. The public officer directly or indirectly becomes existing or pending at the time of such assumption of
interested, for personal gain, or has a material public office;
interest in any transaction or act;
b. Such transaction or act requires the approval of the 3. Any application filed by him the approval of which is
board, panel or group of which he is a member; and not discretionary on the part of the official or officials
c. The board, panel, or group exercises discretion in concerned but depends upon compliance with
the approval of such transaction. requisites provided by law, or rules or regulations
issued pursuant to law; or
Sec. 3(j), R.A. No. 3019
4. Any act lawfully performed in an official capacity or in
Act Punished the exercise of a profession. (Sec. 5, R.A. No. 3019)
a. Any person not qualified for or not legally entitled 1. Unsolicited gifts or presents of small or
to such license, permit, privilege or benefit; or insignificant value offered or given as a mere
b. A mere representative or dummy of one who is not ordinary token of gratitude or friendship according
so qualified or entitled. (Sec. 3 (j), R.A. No. 3019) to local customs and usage; and
U N IV E R S I T Y O F S A N T O T O M A S 58
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2. ANTI-PLUNDER ACT 2. By receiving, directly or indirectly, any commission,
R.A. No. 7080, as amended by R.A. No. 7659 gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract or project or
a) DEFINITION OF TERMS
by reason of the office or position of the public officer
(Sec. 1, R.A. No. 7080)
concerned;
Public Officers
3. By the illegal or fraudulent conveyance or disposition
of assets belonging to the National Government or any
Any person holding any public office in the Government of
of its subdivisions, agencies or instrumentalities or
the Republic of the Philippines by virtue of an appointment,
government-owned or -controlled corporations and
election, or contract. (Sec. 1(a), R.A. No. 7080)
their subsidiaries;
“Ill-Gotten Wealth
4. By obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other form
Any asset, property, business enterprise or material
of interest or participation including promise of future
possession of any person with the purview of Sec. 2 hereof,
employment in any business enterprise or undertaking;
acquired by him directly or indirectly, through dummies,
nominees, agents, subordinates, and/or business
5. By establishing agricultural, industrial or commercial
associates. (Sec. 1(d), R.A. No, 7080)
monopolies or other combinations and/or
implementation of decrees and orders intended to
NOTE: Ill-gotten wealth also encompasses those that are
benefit particular persons or special interests; or
derived indirectly from government funds or properties
through the use of power, influence, or relationship
6. By taking undue advantage of official position,
resulting in unjust enrichment and causing grave damage
authority, relationship, connection or influence to
and prejudice to the Filipino people and the Republic. The
unjustly enrich himself or themselves at the expense
alleged subject commissions may not have been sourced
and to the damage and prejudice of the Filipino people
directly from the public funds but it is beyond cavil that
and the Republic of the Philippines.
Disini would not have amassed these commissions had he
not exerted undue influence on President Marcos. (Disini v.
Series
Republic, G.R. No. 205172, 15 June 2021, J. Hernando)
Combination
59 U N IV E R S I T Y O F S A N T O T O M A S
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3. PROHIBITION OF CHILD MARRIAGE LAW an esssential element. A information shall be
R.A. No. 11596 separate information must prepared for all the
be filed for the parricide conspirators.
and the murder or
a) FACILITATION OF CHILD MARRIAGE BY PUBLIC
homicide on the part of the
OFFICER
non-relative conspirator.
Sec. 4, R.A. No. 11596
NOTE: Relationship of the offender with the victim must be A: NO. A is not liable for C’s death but under the exceptional
alleged and proved. If not alleged, it can only be considered circumstances in Art. 247 of the RPC, an absolutory cause.
as an ordinary aggravating circumstance. Art. 247 governs since A surprised his wife B in the act of
having sexual intercourse with C, and the killing of C was
Age of the Child immediately thereafter as the discover, escape, pursuit and
killing of C form one continuous act. (U.S. v. Vargas, G.R. No.
The child killed by his parent must be at least three (3) days 1053, 07 May 1903)
old. If the child is less than three (3) days old, the crime is
infanticide, which is punishable under Art. 255. 2. Is A liable for B’s injuries? Why? (1991, 2001, 2005,
2007 BAR)
Parricide vs. Infanticide
A: NO. A is not liable for the serious physical injuries he
PARRICIDE INFANTICIDE inflicted on his wife because the act falls under the same
As to Basis exceptional circumstances in Art. 247 of the RPC.
Its basis is the relationship
The basis is the age of the
between the offender and MURDER
child-victim.
the victim. Art. 248, RPC
As to Commission
Infanticide may be Elements
It can be committed only
committed by any person
by the relatives
whether relative or not of 1. That a person was Killed;
enumerated.
the victim. 2. That the Accused killed him;
As to Application of Conspiracy 3. That the killing was attended by any of the
Conspirary cannot be Conspiracy is applicable Qualifying circumstances mentioned in Art. 248;
applied because the because the circumstance and
relationship of the of age pertains to the 4. That the killing is Not Parricide or Infanticide.
offender and the victim is victim; only one
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Murder Defined (1999, 2001, 2008, 2009, 2010 BAR) considered as generic aggravating.
4. That any of the qualifying circumstances enumerated
Murder is the unlawful killing of any person which is not must be alleged in the information. (Reyes, 2021)
parricide or infanticide, provided that any of the following
circumstances is present: HOMICIDE
ART. 249, RPC
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to Elements of Homicide (K-W-I-Q)
weaken the defense, or of means or persons to insure
or afford impunity. (1995, 2000, 2006, 2008, 2015, 1. That a person was Killed;
2022 BAR) 2. That the accused killed him Without any justifying
circumstance;
If committed “by a band”, it is still murder because of 3. The accused had Intention to kill which is presumed;
the circumstance of “with the aid of armed men.” and
4. The killing was not attended by any of the Qualifying
2. In consideration of a price, reward or promise. circumstances of murder, or by that of parricide or
infanticide. (Reyes, 2017)
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault Evidence to Show Intent to Kill is Important Only in
upon a railroad, fall of an airship, by motor vehicles, or Attempted or Frustrated Homicide
with the use of any other means involving great waste
and ruin. (1997, 2005 BAR) This is because if death resulted, intent to kill is conclusively
presumed. In attempted or frustrated homicide, the
a. If the primordial criminal intent is to kill, and fire offender must have the intent to kill the victim. If there is no
was only used as a means to do so, it is murder. intent to kill on the part of the offender, he is liable for
b. If the primordial intent is to destroy the property physical injuries only. (Reyes, 2021)
through fire and incidentally somebody died, it is
arson. Use of Unlicensed Firearms in Committing Murder or
Homicide
NOTE: Treachery and evident premeditation are
inherent in murder by poison and, as such, cannot be DID NOT USE THE USED THE UNLICENSED
considered as aggravating circumstance. UNLICENSED FIREARM FIREARM IN THE
IN THE COMMISSION OF COMMISSION OF THE
4. On occasion of any of the calamities enumerated in the THE CRIME CRIME
preceding paragraph, or of an earthquake, eruption of Separate prosecutions for Illegal possession of
volcano, destructive cyclone, epidemic, or other public homicide or murder and firearm is merely taken as
calamities. illegal possession of an aggravating
firearms. circumstance.
NOTE: The offender must take advantage of the
calamity to qualify the crime to murder. DEATH CAUSED IN A TUMULTUOUS AFFRAY
ART. 251, RPC
5. With evident premeditation.
Tumultuous Affray (1997, 2010 BAR)
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or A commotion in a tumultuous and confused manner, to such
scoffing at his person or corpse. an extent that it would not be possible to identify who the
killer is if death results, or who inflicted the serious physical
Rules for the Application of the Circumstances which injuries, but the person or persons who used violence are
Qualify the Killing to Murder known.
1. That murder will exist with only one of the Tumultuous affray exists when at least four (4) persons took
circumstances. part therein.
2. Where there are more than one qualifying
circumstance present, only one will qualify the killing, Elements of Death Caused in a Tumultuous Affray:
with the rest to be considered as generic aggravating
circumstances. 1. There be several or at least 4 persons;
2. That they did not compose groups organized for the
3. That when the other circumstances are absorbed or common purpose of assaulting and attacking each
included in one qualifying circumstance, they cannot be other reciprocally, otherwise, they may be held liable as
61 U N IV E R S I T Y O F S A N T O T O M A S
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CRIMINAL LAW
co-conspirators; 3. Attempted homicide or murder if the person was hit
3. That these several persons quarreled and assaulted one and there is intent to kill;
another in a confused and tumultuous manner; 4. Physical injuries if the person was hit and injured but
4. Someone was killed in the course of the affray; there was no intent to kill; or
5. Grave coercion if the threat was directed, immediate
NOTE: Victim need NOT be a participant. and serious and the person is compelled or prevented
to do something against his will.
5. It cannot be ascertained who actually killed the
deceased; and INFANTICIDE
6. The person or persons who inflicted serious physical ART. 255, RPC
injuries or who used violence can be identified.
Elements of Infanticide: (C-L-K)
PHYSICAL INJURIES INFLICTED IN
TUMULTUOUS AFFRAY 1. A Child was killed;
ART. 252, RPC
NOTE: The child must be born alive and fully
Elements of Physical Injuries Inflicted in a Tumultuous developed, that is, it can sustain an independent life.
Affray (T-P-Ca-K)
2. Deceased child was Less than 3 days old or less than 72
1. There is a Tumultuous affray as referred to in the hours of age; and
preceding article; 3. Accused Killed the said child.
2. A participant or some participants thereof suffer
serious Physical injuries or physical injuries of a less INTENTIONAL ABORTION
serious nature only; ART. 256, RPC
3. Person responsible thereof Cannot be identified; and
4. All those who appear to have used violence upon the Abortion (1994 BAR)
person of the offended party are Known.
It is the willful killing of the fetus in the uterus, or the violent
NOTE: This article will not apply when a person is killed. In expulsion of the fetus from the maternal womb that results
such instances, Articles 251, 247, or 248 will apply. in the death of the fetus. (Guevara as cited in Reyes, 2017)
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4. As a result of the violence exerted, the fetus Dies either Qualifying Circumstances of Serious Physical Injuries
in the womb or after having been expelled therefrom.
1. If it is committed by any of the persons referred to in
SERIOUS PHYSICAL INJURIES the crime of parricide; or
ART. 263, RPC 2. If any of the circumstances qualifying murder attended
its commission.
How the Crime of Serious Physical Injuries is LESS SERIOUS PHYSICAL INJURIES
Committed: (1992, 1993, 1995 BAR) ART. 265, RPC
63 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
RAPE Elements of Rape by Carnal Knowledge
ARTS. 266-A, 266-B, 266-C (Man-C-A-FTI-DU-Ma-16)
AND 266-D, RPC and R.A. No. 8353
1. Offender is a Man;
Kinds of Rape under R.A. No. 8353 2. Offender had Carnal knowledge of the woman; and
1. Traditional concept of Rape by Sexual Intercourse – 3. Such act is accomplished under any of the following
carnal knowledge with a woman against her will. The circumstances:
offended party is always a woman and the offender is a. Through Force, Threat or Intimidation; (1992
always a man. BAR)
b. When the offended party is Deprived of reason or
2. Rape by Sexual assault – committed with an is otherwise Unconscious;
instrument or an object or use of the penis with c. By means of fraudulent Machination or grave
penetration of the mouth or anal orifice. The offended abuse of authority; or
party or offender can either be a man or a woman, that d. When the offended part when the offended party is
is, if the woman or a man uses an instrument in the anal under 16 years of age or is demented. (As amended
orifice of a male, she or he can be liable for rape. by R.A. No. 11648) (1995 BAR)
A violation of the body orifices by the fingers is within the XPN to d: Sweetheart Clause- There will be no
expanded definition of rape under R.A. No. 8353. Insertion criminal liability when on the part of a person
of the finger into the female genital is rape through sexual having carnal knowledge of another person under
assault. (People v. Campuhan, G.R. No. 129433, 30 Mar. 2000) 16 years of age when the age difference between
the parties is not more than 3 years, and the sexual
However, there should be evidence of at least the slightest act is proven to be consensual, non-abusive, and
penetration of the sexual organ and not merely a brush or non-exploitative. (Art. 266-A (1)(d), RPC, as
graze of its surface. (People v. Dela Cruz, G.R. No. 180501, 24 amended by R.A. No. 11648)
Dec. 2008)
XPN to the XPN: When the woman is under 13
Redefining Penile Penetration in Rape. years of age, the above exception shall not apply.
(Ibid.)
The Supreme Court in the landmark case of People v. Agao
(G.R. No. 248049, 04 Oct. 2022) reversed the long-standing Elements of Rape by Sexual Assault (2005 BAR)
definition of consummated rape. Prior to this
pronouncement, it has been held that the slightest 1. Offender (man or woman) commits an act of Sexual
penetration by the male organ or even its slightest contact assault;
with the outer lip or the labia majora of the vagina already
consummates the crime of rape. 2. The act of sexual assault is committed by any of the
following means:
In this case, however, the High Court clarified the a. By inserting his Penis into another person’s mouth
parameters for appreciation of “slightest penetration” in or anal orifice; or
cases of rape by sexual intercourse through penile b. By inserting any Instrument or object into the
penetration, viz: genital or anal orifice of another person.
“…that rape of a female victim by a male person through 3. The act of sexual assault is accomplished under any of
penile penetration reaches the consummated stage as soon the following circumstances:
as the penis penetrates the cleft of the labia majora, also a. By using Force or intimidation;
known as the vulval or pudendal cleft, or the fleshy outer lip b. When the woman is Deprived of reason or
of the vulva, in even the slightest degree. Simply put, mere otherwise unconscious;
introduction, however slight, into the cleft of the labia c. By means of fraudulent Machination or grave abuse
majora by a penis that is capable of penetration, regardless of authority; or
of whether such penile penetration is thereafter fully d. When the woman is under 16 years of age or
achieved, consummates the crime of rape.” demented (As amended by R.A. No. 11648)
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degree, or the common law spouse of the victim. penalty.
3. When the victim is under the custody of the police or Incestuous Rape
military authorities or any law enforcement or penal
institution. It refers to rape committed by an ascendant of the offended
woman. In incestuous rape of a minor, proof of force and
4. When rape is committed in full view of the husband, violence exerted by the offender is not essential. Moral
parent, any of the children, or other relatives within the ascendancy or parental authority of the accused over the
third civil degree of consanguinity. offended party takes the place of violence.
6. When the victim is a child below 7 years old. Elements of Statutory Rape:
7. When the offender knows that he is inflicted with 1. That the offender had carnal knowledge of the victim;
HIV/AIDS or any other sexually transmissible disease and
and the virus or disease is transferred to the victim.
2. That the victim is below 16 years old or is demented;
8. When committed by any member of the AFP or (As amended by R.A. No. 11648)
paramilitary units thereof or the PNP or any law
enforcement agency or penal institution, when the XPN: Sweetheart Clause- There will be no criminal
offender took advantage of his position to facilitate the liability when on the part of a person having carnal
commission of the crime. knowledge of another person under 16 years of age
when the age difference between the parties is not
9. When by reason or on occasion of the rape, the victim more than 3 years, and the sexual act is proven to be
has suffered permanent physical mutilation or consensual, non-abusive, and non-exploitative. (Art.
disability. 266-A (1)(d), RPC, as amended by R.A. No. 11648)
10. When the offender knew of the pregnancy of the XPN to the XPN: When the woman is under 13 years of
offended party at the time of the commission of the age, the above exception shall not apply. (Ibid.)
rape.
Q: Suppose a 13-year-old retarded woman with mental
11. When the offender knew of the mental disability, capacity of a 5-year-old had sexual intercourse with a
emotional disorder, and/or physical handicap of the man, what is the crime committed?
offended party at the time of the commission of the
crime. (Art. 266-B, RPC) A: Statutory rape. Her mental and not only her
chronological age are considered. (People v. Manlapaz, G.R.
NOTE: The foregoing circumstances are in the nature of No. L-41819, 28 Feb. 1978)
qualifying aggravating circumstances which must be
specifically pleaded or alleged with certainty in the Testimony of Child Victims are Given Full Weight and
Information. Credit
65 U N IV E R S I T Y O F S A N T O T O M A S
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Sweetheart Defense in Rape Acts that Constitute Attempted Trafficking in Persons
where the Victim is a Child
As held in People v. Cabanilla, (G.R. No. 185839, 17 Nov.
2010) the sweetheart defense is an affirmative defense that 1. Facilitating the travel of a child who travels alone to a
must be supported by convincing proof. foreign country or territory without valid reason
therefor and without the required clearance or permit
A 'sweetheart defense,' to be credible, should be from the DSWD, or a written permit or justification
substantiated by some documentary or other evidence of from the child’s parent or legal guardian;
relationship such as notes, gifts, pictures, mementos and the
like. (People v. Quinto, G.R. No. 246460, 08 June 2020) 2. Executing, for a consideration, an affidavit of consent or
a written consent for adoption;
The sweetheart theory applies in acts of lasciviousness and 3. Recruiting a woman to bear a child for the purpose of
rape, felonies committed against or without the consent of selling the child;
the victim. It operates on the theory that the sexual act was 4. Simulating a birth for the purpose of selling the child;
consensual. It requires proof that the accused and the victim and
were lovers and that she consented to the sexual relations.
(People v. Udang, G.R. No. 210161, 10 Jan. 2018) 5. Soliciting a child and acquiring the custody thereof
through any means from among hospitals, clinics,
For purposes of sexual intercourse and lascivious conduct nurseries, daycare centers, refugee or evacuation
in child abuse cases under RA 7610, the sweetheart defense centers, and low-income families, for the purpose of
is unacceptable. A child exploited in prostitution or selling the child. (Sec. 4-A(2), R.A. No. 9208, as amended)
subjected to other sexual abuse cannot validly give consent
to sexual intercourse with another person. (Ibid.) b) ACTS THAT PROMOTE TRAFFICKING
IN PERSONS
Rape Shield Rule Sec. 5, R.A. No. 11862
Elements:
3. Advertising, publishing, printing, broadcasting, or
distributing by any means of any materials that
1. The act of “recruitment, obtaining, hiring, providing,
promotes trafficking in persons; (Sec. 5(c), R.A. No. 9208)
offering, transportation transfer, maintaining,
harboring, or receipt of persons with or without the
4. Assisting in the commission of misrepresentation or
victim’s consent or knowledge, within or across
fraud to secure or acquire government clearances or
national borders;
necessary exit documents. (Sec. 5(d), R.A. No. 9208)
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7. Benefitting, financially or otherwise, from the labor or 9. When the crime has resulted in pregnancy;
services of a person held to a condition of involuntary
servitude, forced labor, or slavery; (Sec. 5(g), R.A. No. 10. When the trafficked person suffered mental or
9208) emotional disorder as a result of being victim of
trafficking; or
8. To tamper with, destroy, or cause the destruction of
evidence, or to influence or attempt to influence 11. When the act is committed by or through the use of ICT
witnesses, in an investigation or prosecution of a case or any computer system. (Sec. 6, R.A. No. 9208, as
under this Act; (Sec. 5(h), R.A. No. 9208) amended by R.A. No. 11862)
9. To destroy, conceal, remove, confiscate or possess, or NOTE: The offenses punished under Sec. 5 cannot be
attempt to destroy, conceal, remove, confiscate, or qualified by Sec. 6 as what the latter seeks to qualify is the
possess, any actual or purported passport or other act of trafficking and not the promotion of trafficking.
travel, or working document to prevent or restrict the (People v. Susan Sayo, G.R. No. 227704, 10 Apr. 2019)
person’s liberty to move or travel in order to maintain
the labor or services of that person; or (Sec. 5(i), R.A. No. 2. ANTI-VIOLENCE AGAINST WOMEN AND THEIR
9208) CHILDREN ACT OF 2004
(R.A. No. 9262)
10. To utilize his or her office to impede the investigation,
prosecution or execution of lawful orders in a case under
a) DEFINITION OF TERMS
this Act. (Sec. 5(j), R.A. No. 9208)
(Sec. 3, R.A. No. 9262)
67 U N IV E R S I T Y O F S A N T O T O M A S
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profession, occupation, business, or activity, and etc.) (Sec. NOTE: The proper understanding of Sec. 5(e) of
3(a)(D), R.A. No. 9262) R.A. 9262, insofar as it deals with the deprivation,
or threat of deprivation, of financial support: There
Psychological Violence must be allegation and proof that the act was done
with the intent to control or restrict the woman's
Acts or omissions causing or likely to cause mental or and/or her child's or her children's actions or
emotional suffering of the victim (i.e. intimidation, decisions, consistent with the letter of Section 5(e)
harassment, stalking, marital infidelity, public ridicule, etc.). itself. (People v. Acharon, G.R. No. 224946, 09 Nov.
(Sec. 3(a)(C), R.A. No. 9262) 2021)
a. Causing physical harm to the woman or her child. i. Stalking or following the woman or her child in
(Sec. 5(a), R.A. No. 9262) public or private places;
b. Threatening to cause the woman or her child physical
harm. (Sec. 5(b), R.A. No. 9262) ii. Peering in the window or lingering outside the
c. Attempting to cause the woman or her child physical residence of the woman or her child;
harm. (Sec. 5(c), R.A. No. 9262)
d. Placing the woman or her child in fear of imminent iii. Entering or remaining in the dwelling or on the
physical harm. (Sec. 5(d), R.A. No. 9262) property of the woman or her child against
her/his will;
e. Acts committed with the purpose or effect of iv. Destroying the property and personal belongings
controlling or restricting the woman's or her child's or inflicting harm to animals or pets of the
movement or conduct, which includes but not limited woman or her child; and
to the following:
v. Engaging in any form of harassment or violence.
i. Threatening to deprive or actually depriving (Sec. 5(h), R.A. No. 9262)
the woman or her child of custody to her/his
family; i. Causing mental or emotional anguish, public
ridicule, or humiliation to the woman or her child,
ii. Depriving or threatening to deprive the woman including, but not limited to, repeated verbal and
or her children of financial support legally due emotional abuse, and denial of financial support or
her or her family, or deliberately providing the custody of minor children of access to the woman's
woman's children insufficient financial child/children. (Sec. 5(i), R.A. No. 9262)
support;
iii. Depriving or threatening to deprive the woman Elements to Establish Violation of Sec. 5(i) insofar
or her child of a legal right; as it deals with Denial of Financial Support:
iv. Preventing the woman in engaging in any 1. The offended party is a woman and/or her child or
legitimate profession, occupation, business, or children;
activity or controlling the victim's own money 2. The woman is either:
or properties, or solely controlling the conjugal a. The offender’s wife; or
or common money, or properties. (Sec. 5(e), R.A. b. The offender’s former wife; or
No. 9262) c. Is a woman with whom the offender has or
had a sexual or dating relationship; or
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d. Is a woman with whom such offender has NOTE: VAWC shall be considered a public offense which
a common child. may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances
3. The offender willfully refuses to give or consciously involving the commission of the crime. (Sec. 25, R.A. No.
denies the woman and/or her child or children 9262)
financial support that is legally due her and/or her
child or children; and Acts of Violence as a Transitory or Continuing Crime
4. The offender denied the woman and/or her child The law contemplates that the acts of violence against
or children the financial support for the purpose of women and their children may manifest as transitory or
causing the woman and/or her child or children continuing crimes. Even if the alleged extra marital affair
mental or emotional anguish. (People v. Acharon, causing the offended wife mental and emotional anguish is
G.R. No. 224946, 09 Nov. 2021) committed abroad, the same does not place a prosecution
under R.A. No. 9262 absolutely beyond the reach of
Sec. 5(e) v. Sec. 5(i) Philippine courts. (AAA v. BBB, G.R. No. 212448, 11 Jan. 2018)
On the other hand, Section 5(i), punishes the willful a. Is Melgar liable for violation of Sec. 5(e) of R.A. No.
infliction of mental or emotional anguish, or public ridicule 9262?
or humiliation upon the woman and/or her child or
children by denying her and/or her child or children A: YES. Melgar is liable for the violation of Sec. 5(e) of R.A.
financial support that is legally due her and/or her child or No. 9262 for his refusal to provide support to his child.
children.
R.A. No. 9262 is a landmark legislation that defines and
“Failure” to Provide Financial Support is Not Enough criminalizes acts of VAWC perpetrated by women's
intimate partners, i.e., husband, former husband, or any
Mere failure or one's inability to provide financial support person who has or had a sexual or dating relationship, or
is not sufficient for a conviction under Sec. 5(e) and Sec. 5(i). with whom the woman has a common child, or against her
child whether legitimate or illegitimate, within or without
Those entitled to support and are not given any have the the family abode, which result in or is likely to result in, inter
remedy of filing a civil case for support against the alia, economic abuse. As may be gathered from the
delinquent person, consistent with the provisions of the foregoing, "economic abuse" may include the deprivation of
Civil Code and the Family Code. support of a common child of the man-accused and the
woman-victim, whether such common child is legitimate or
To be liable under the penal provisions of R.A. 9262, not. (Melgar v. People, G.R. No. 223477, 14 Feb. 2018)
therefore, it is necessary to allege and prove the existence
of the facts that qualify the act of denial or deprivation of b. Is Melgar liable for violation of Sec. 5(i) of R.A. No.
financial support from one in which mere civil liability may 9262?
arise to one where a person may be criminally liable. (Ibid)
A: NO. Melgar is not liable for violation of Sec. 5(i) of R.A.
Prescriptive Period No. 9262 since it cannot be proven that his deprivation of
support caused mental and emotional anguish. In this case,
1. Acts falling under Nos. 1-6 shall prescribe in 20 years. while the prosecution had established that Melgar indeed
2. Acts falling under Nos. 7-9 shall prescribe in 10 years. deprived AAA and BBB of support, no evidence was
(Sec. 24, R.A. No. 9262) presented to show that such deprivation caused either AAA
or BBB any mental or emotional anguish.
69 U N IV E R S I T Y O F S A N T O T O M A S
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Sec. 5(i) of R.A. No. 9262, a form of psychological violence, Battered Woman Syndrome as a Proper Defense
punishes the act of "causing mental or emotional anguish,
public ridicule or humiliation to the woman or her child, Victim-survivors who are found by the courts to be
including, but not limited to, repeated verbal and emotional suffering from battered woman syndrome DO NOT incur
abuse, and denial of financial support or custody of minor any criminal and civil liability notwithstanding the absence
children or denial of access to the woman's child/children." of any of the elements for justifying circumstances of self-
(Melgar v. People, G.R. No. 223477, 14 Feb. 2018) defense under the RPC. (Sec. 26, R.A. No. 9262)
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e. To knowingly, willfully and intentionally provide a b) CHILD PROSTITUTION AND
venue for the commission of prohibited acts. OTHER SEXUAL ABUSE
f. For film distributors, theaters and telecommunication (SEC. 5, R.A. No. 7610, as amended by
companies to distribute any form of child pornography; R.A. No. 11648)
g. For a parent, legal guardian or person having custody
of a child to knowingly permit the child to engage in any Persons Liable under Sec. 5, R.A. No. 7610 (As Amended
form of child pornography; by R.A. No. 11648)
h. To engage in the luring or grooming of a child;
i. To engage in pandering of any form of child 1. Those who engage in or promote, facilitate or induce
pornography; child prostitution;
j. To conspire to commit any of the prohibited acts stated
in Sec. 4; 2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
4. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD or subjected to other sexual abuse.
ABUSE, EXPLOITATION AND DISCRIMINATION ACT
R.A. No. 7610, as amended NOTE: When the victim is under 16 years of age, the
perpetrators shall be prosecuted under Art. 335(3) for
rape and Article 336 of the RPC, for rape, or lascivious
a) DEFINITION OF TERMS
conduct, as the case may be
Sec. 3, R.A. No. 7610
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Prior to the Tulagan case, any act of sexual assault or acts of
lasciviousness is denominated as Lascivious Conduct within
the concept of Sec. 5(b) of R.A. No. 7610.
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GUIDELINES AS REGARDS THE PROSECUTION OF THE CRIME OF RAPE AND ACTS OF LASCIVIOUSNESS UNDER THE RPC
AND/OR IN RELATION TO R.A. NO. 7610, AS AMENDED BY R.A. NO. 11648
Under 16 years old or demented (as 16 years old or below 18, or 18 under
18 years old and above
amended by R.A No. 11648) special circumstances
Acts of Lasciviousness committed against children exploited in prostitution or other sexual abuse
Sexual Assault committed against children exploited in prostitution or other sexual abuse
Acts of Lasciviousness under Art. 336 of
Lascivious conduct under Sec. 5(b) of
the RPC in relation to Sec. 5(b) of R.A.
R.A. No. 7610: reclusion temporal in its Not applicable
No. 7610: reclusion temporal in its
medium period to reclusion perpetua
medium period
Sexual Intercourse committed against children exploited in prostitution or other sexual abuse
73 U N IV E R S I T Y O F S A N T O T O M A S
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penalty next higher in degree shall be
imposed upon any person who shall
seduce his sister or descendant,
whether or not she be a virgin or over
18 years of age.
Rape by Sexual Assault
Acts of Lasciviousness under Art. 336 of
Lascivious conduct under Sec. 5(b) of
the RPC in relation to Sec. 5(b) of R.A. Sexual assault under Art. 266-A(2) of
R.A. No. 7610: reclusion temporal in its
No. 7610: reclusion temporal in its the RPC: prision mayor
medium period to reclusion perpetua
medium period
(Peralta, 2022)
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c) ATTEMPT TO COMMIT CHILD PROSTITUTION f) OBSCENE PUBLICATION AND
(Sec. 6, R.A. No. 7610) INDECENT SHOWS
Sec. 9, R.A. No. 7610, as amended
Instances when There is an Attempt to Commit Child
Prostitution Persons Liable for Obscene Publications and Indecent
Shows
1. Any person who, not being a relative of a child, is
found alone with the said child inside the room or Any person who shall hire, employ, use, persuade, induce,
cubicle of a house, an inn, hotel, motel, pension house, or coerce a child to perform in, obscene exhibitions and
apartelle or other similar establishments, vessel, indecent shows, whether live or in video, or model in
vehicle or any other hidden or secluded area under obscene publications or pornographic materials, or to sell
circumstances which would lead a reasonable person or distribute the said materials shall suffer the penalty of
to believe that the child is about to be exploited in prision mayor in its medium period.
prostitution and other sexual abuse.
If the child used as a performer, subject, or
2. Any person is receiving services from a child in a seller/distributor is under 18 years of age, the penalty
sauna, parlor or bath, massage clinic, health club and shall be imposed in its maximum period. (Sec. 9, R.A. No.
other similar establishments. (Sec. 6, R.A. No. 7610) 7610, amended by R.A. No. 11648)
75 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
as amended by R.A. No. 9231) 6. AN ACT PROVIDING FOR STRONGER PROTECTION
AGAINST RAPE AND SEXUAL EXPLOITATION AND
5. PROHIBITION OF CHILD MARRIAGE LAW ABUSE, INCREASING THE AGE FOR DETERMINING THE
(R.A. No, 11596) COMMISSION OF STATUTORY RAPE
(R.A. No. 11648)
a) DEFINITION OF TERMS
(SEC. 3, R.A. No. 11596) a) AMENDMENT ON RAPE
Sec. 1, R.A. No. 11648
Child Marriage
NOTE: See page 64 for discussion on Rape
Refers to any marriage entered into where one or both
parties are children, and solemnized in civil or church b) AMENDMENT ON QUALIFIED SEDUCTION
proceedings, or in any recognized traditional, cultural or Sec. 2, R.A. No. 11648
customary manner. It shall include an informal union or
cohabitation outside of wedlock between an adult and a NOTE: See page 86 for discussion on qualified seduction
child, or between children. (Sec. 3(b), R.A. No. 11596)
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Ransom the Circumstances enumerated in Art. 267.
The money, price or consideration paid or demanded for NOTE: If there is a demand for ransom, the penalty is
the redemption of a captured person or persons, the Reclusion Perpetua to death just like when what was
payment of which releases them from captivity. committed was serious illegal detention and a demand for
ransom was made.
No specific form of ransom is required to consummate the
felony of kidnapping for ransom, as long as the ransom was Effect of the Voluntary Release of the Victim on the
intended as a bargaining chip in exchange for the victim’s Criminal Liability of the Kidnappers (1997, 2004 BAR)
freedom. (People v. Jatulan, GR. No. 171653, 24 Apr. 2007)
If the offender: (3-B-W)
Qualifying Circumstances of the Crime of Kidnapping
and Serious Illegal Detention (Ran-Di-Rap-Tor) 1. Voluntarily releases the person so kidnapped or
detained within 3 days from the commencement of the
1. If the purpose of the kidnapping is to extort Ransom; detention;
2. Without having attained the purpose intended; and
NOTE: If the victim is kidnapped and illegally detained 3. Before the institution of criminal proceedings against
for the purpose of extorting ransom, the duration of him, his liability is mitigated.
his detention is immaterial. (People v. Ramos, G.R. No.
178039 19 Jan. 2011) UNLAWFUL ARREST
ART. 269, RPC
2. When the victim is killed or Dies as a consequence of
the detention; Elements of Unlawful Arrest: (A-D-Not)
3. When the victim is Raped; or
4. When the victim is subjected to Torture or 1. Offender Arrests or detains another person;
dehumanizing acts. 2. Purpose of the offender is to Deliver him to the proper
authorities; and
NOTE: If the victim is a woman or a public officer, the 3. Arrest or detention is Not authorized by law or there
detention is always serious no matter how short the period is no reasonable ground therefor.
of detention is.
NOTE: In unlawful arrest, the illegal detention is only
Special Complex Crimes that May Arise in Kidnapping incidental. However, if it is arbitrary detention, it is the
unlawful arrest which is incidental.
1. Kidnapping with murder or homicide;
Essence of the Crime of Unlawful Arrest
NOTE: Homicide is used in the generic sense and
includes murder because the killing is not treated as a The arrest must be made for the purpose of delivering the
separate crime but a qualifying circumstance. person arrested to the proper authorities but it was made
without any reasonable grounds therefor.
2. Kidnapping with rape; or
3. Kidnapping with physical injuries. NOTE: If the purpose is not to deliver the person to the
proper authorities, the crime could be Illegal Detention
Kidnapping vs. Forcible Abduction under Art. 267 or 268 of the RPC since the person arrested
would necessarily be deprived of his liberty.
KIDNAPPING FORCIBLE ABDUCTION
At the outset, the intention At the outset, the taking of Persons Liable under this Article
of the offender is merely to the victim is coupled with
detain the victim. lewd designs. Offender is any person, whether a public officer or a
private individual. However, the public officer must not be
SLIGHT ILLEGAL DETENTION vested with the authority to arrest or detain a person or
ART. 268, RPC must not act in his official capacity. Otherwise, Art. 124
(Arbitrary Detention) is applicable and not Art. 269.
Elements of Slight Illegal Detention (P-I-C-K)
77 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
QUALIFIED TRESPASS TO DWELLING Threat vs. Coercion
ART. 280, RPC
THREAT COERCION
Elements of Qualified Trespass to Dwelling: (P-E-A) As to its Essence
(2002, 2009 BAR) Essence of threat is Essence of coercion is
intimidation. violence or intimidation.
1. Offender is a Private person; As to the Nature of the Threatened Harm
2. He Enters the dwelling of another; and The threatened harm or
3. Such entrance is Against the latter’s will. wrong is actual, imminent
The threatened harm or and immediate. There is
OTHER FORMS OF TRESPASS wrong is future and no condition involved;
ART. 281, RPC conditional. hence, there is no futurity
in the harm or wrong
Elements of Other Forms of Trespass: done.
As to Whom the Threatened Wrong or
1. Offenders enter the closed premises or the fenced Harm is Directed
estate of another; The threatened harm or The threatened harm or
wrong may be directed wrong is personal and is
NOTE: The term premises signifies distinct and against the victim or directed only against the
definite locality. It may mean a room, shop, building or his/her family victim
definite area, but in either case, locality is fixed.
LIGHT THREATS
2. Entrance is made while either of them is uninhabited; ART. 283, RPC
1. Threatening another with the infliction upon his GRAVE THREATS LIGHT THREATS
person, honor, or property, or that of his family of any
As to the Acts Threatened to be Committed
wrong amounting to a crime and demanding money or
When the wrong
imposing any other condition even though not When the wrong
threatened to be inflicted
unlawful, and the offender attained his purpose; threatened to be inflicted
does not amount to a
amounts to a crime.
crime.
2. By making such threat without the offender attaining
As to the Existence of a Condition
his purpose; and
May or may not be
accompanied by a
3. By threatening another with the infliction upon his Always accompanied by a
condition. (3rd punishable
person, honor or property or that of his family of any condition.
act is not subject to a
wrong amounting to a crime, the threat, not being
condition)
subject to a condition.
Punishable Acts
U N IV E R S I T Y O F S A N T O T O M A S 78
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2. Orally threatening another, in the heat of anger, with Unjust Vexation (1994, 2006, 2007, 2009, 2010 BAR)
some harm constituting a crime, without persisting in
the idea involved in his threat; and Unjust vexation is any act committed without violence but
which unjustifiably annoys or vexes an innocent person.
3. Orally threatening to do another any harm not
constituting a felony. 1. CYBERCRIME PREVENTION ACT OF 2012
R.A. No. 10175
Other Light Threats vs. Grave Threats
a) CYBERCRIME OFFENSES
OTHER LIGHT THREATS GRAVE THREATS
Sec. 4, R.A. No. 10175
ART. 285, RPC ART. 282, RPC
The threat is made in the The threat is made with
1. Offenses against the confidentiality, integrity, and
heat of anger, and the the deliberate purpose of
availability of computer data and systems:
subsequent acts of the creating in the mind of the
accused showed that he person threatened the
a. Illegal access
did not persist in the idea belief that the threats will
b. Illegal Interception
involved in his threat. be carried into effect.
c. Data Interference
(U.S. v. Paguirigan, G.R. No. 5348, 16 Nov. 1909) d. System Interference
e. Misuse of Devices
GRAVE COERCIONS f. Cyber-squatting – The acquisition of a domain
ART. 286, RPC name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others
Elements of Grave Coercion: (1998, 1999, 2009 BAR) from registering the same, if such a domain name
(Pre-ViTI-No)
is: (2019 BAR)
3. Person that restrained the will and liberty of another NOTE: This was declared unconstitutional by the
has No authority of law or the right to do so.
SC and held that to prohibit the transmission of
unsolicited ads would deny a person the right to
LIGHT COERCION read his emails, even unsolicited commercial ads
ART. 287, RPC addressed to him. Unsolicited advertisements are
legitimate forms of expression. (Disini v. Secretary
Elements of Light Coercion: (Cre-Se-Vi-P) of Justice, supra.)
Other Offenses
79 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
NOTE: The Supreme Court declared void for being ROBBERY WITH VIOLENCE AGAINST OR
unconstitutional the following provisions of R.A. No. INTIMIDATION OF PERSONS
10175: ART. 294, RPC
1. Sec. 4(c)(3) which penalizes posting of unsolicited Punishable Acts under Art. 294, RPC (2000, 2005, 2010
commercial communications; BAR)
2. Sec. 12 which authorizes the collection or recording of
traffic data in real-time; 1. When by reason or on occasion of the robbery the
3. Sec. 19 which authorizes the Department of Justice to crime of homicide is committed;
restrict or block access to suspected Computer Data;
4. Sec. 4(c)(4) with respect to persons who simply 2. When the robbery is accompanied by:
receive the post and react to it; and a. Rape;
5. Sec. 5 with respect to Secs. 4(c)(2) on Child b. Intentional mutilation; or
Pornography, 4(c)(3) on Unsolicited Commercial c. Arson
Communications, and 4(c)(4) on online Libel. (Disini
v. Secretary of Justice, G.R. No. 203335, 18 Feb. 2014) 3. When by reason or on the occasion of such robbery,
any of the physical injuries resulting in:
a. Insanity;
J. CRIMES AGAINST PROPERTY b. Imbecility;
Arts. 293-332 c. Impotency; or
d. Blindness is inflicted
U N IV E R S I T Y O F S A N T O T O M A S 80
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Robbery with Homicide (2009, 2014, 2022 BAR) ROBBERY WITH ARSON
R.A. NO. 7659
Elements: (Ta-B-A-Ho)
Commission of Composite Crime
1. The Taking of personal property with violence or
intimidation against persons; The composite crime would only be committed if the
2. The property taken Belongs to another; primordial intent of the offender is to commit robbery and
3. The taking was done with Animo lucrandi; and there is no killing, rape, or intentional mutilation
4. On the occasion of the robbery or by reason thereof, committed by the offender during the robbery. Otherwise,
Homicide was committed. (People v. Baccay, G.R. No. the crime would be robbery with homicide, or robbery
120366, 16 Jan. 1998; People v. Mantung, G.R. No. with rape, or robbery with intentional mutilation, in that
130372, 20 July 1999) order and the arson would only be an aggravating
circumstance.
NOTE: Homicide as used in Art. 294(1) is to be understood
in its generic sense as to include parricide and murder. ROBBERY COMMITTED BY A BAND
ART. 296, RPC
Intent to Commit Robbery must Precede the Killing
Robbery Committed by a Band (2010 BAR)
The offender must have the intent to take personal
property before the killing. Robbery is committed by a band when at least four (4)
armed malefactors take part in the commission of a
No Crime of Robbery with Multiple Homicide (1995, robbery.
2007, 2009 BAR)
BRIGANDAGE
There is no crime of robbery with multiple homicide under ART. 306, RPC
the RPC. The crime is robbery with homicide
notwithstanding the number of homicides committed on Brigandage (HRV-4-Band)
the occasion of the robbery and even if murder, physical
injuries, and rape were also committed on the same There is brigandage when the following requisites are
occasion. (People v. Hijada, G.R. No. 123696, 11 Mar. 2004) present:
Robbery with Rape (1996, 1999, 2003, 2004 BAR) 1. There be at least four (4) armed malefactors;
2. They formed a Band of robbers; and
Elements: (T-B-A-R) 3. The purpose is any of the following:
1. The Taking of personal property is committed with a. To commit robbery in the Highway;
violence or intimidation against persons; b. To kidnap persons for the purpose of extortion or
2. The property taken Belongs to another; to obtain Ransom; and
3. The taking is characterized by intent to gain or Animus c. To attain by means of force and Violence any
lucrandi; and other purpose.
4. The robbery is accompanied by Rape.
Robbery by Band vs. Brigandage
ROBBERY WITH PHYSICAL INJURIES
ROBBERY BY BAND BRIGANDAGE
Physical Injuries must be Serious Purpose
Purpose is to commit
To be considered as such, the physical injuries must always robbery in highway; or to
Purpose is to commit
be serious. If the physical injuries are only less serious or kidnap a person for
robbery not necessarily in
slight, they are absorbed in the robbery. The crime ransom or any other
highways.
becomes merely robbery. But if the less serious physical purpose attained by force
injuries were committed after the robbery was already and violence.
consummated, there would be a separate charge for the Commission of the Crime
less serious physical injuries. Actual commission of Mere formation is
robbery is necessary. punished.
Preconceived Victim
It may be committed even
There is always a
without a preconceived
preconceived victim.
victim.
81 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
Highway Robbery vs. Brigandage 3. If the property stolen is a motor Vehicle, mail
matter or large cattle; (2002 BAR)
HIGHWAY ROBBERY BRIGANDAGE 4. If the property stolen consist of Coconuts taken
P.D. 532 Art. 306, RPC from the premises of a plantation;
As to the act punished 5. If the property stolen is Fish taken from a fishpond
Mere formation of band is or fishery; or
Crime must be committed
punishable 6. If property is taken on the occasion of Fire,
As to number of malefactors earthquake, typhoon, volcanic eruption, or any
At least four (4) armed other calamity, vehicular accident or civil
One malefactor will suffice disturbance. (2006 BAR)
malefactors
As to the offended parties
Indiscriminately SWINDLING (ESTAFA)
Committed against ART. 315, RPC
committed against
predetermined victims
persons
As to offender Elements of Estafa in General
The offender is a brigand
The commission of 1. Accused defrauded another by abuse of confidence or
who roams in public
robbery is only incidental by means of deceit – This covers the three different
highways and carries out
and the offender is not a ways of committing estafa under Art. 315, thus:
his robbery in public
brigand a. With unfaithfulness or abuse of confidence;
highways
b. By means of false pretenses or fraudulent acts; or
c. Through fraudulent means.
THEFT
ART. 308, RPC
2. Damage or prejudice capable of pecuniary estimation
is caused to the offended party or third person.
Elements (I-B-P-WithoutC-VI)
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3. Under par. (c): Application of Art. 315(2)(d)
a. The paper with the signature of the offended party Art. 315(2)(d) applies when:
is in blank; 1. Check is drawn to enter into an obligation
b. Offended party delivered it to the offender; 2. Obligation is not pre‐existing
c. Above the signature of the offended party, a
document is written by the offender without NOTE: The check must be genuine. If the check is falsified
authority to do so; and and is encashed with the bank or exchanged for cash, the
d. The document so written creates a liability of, or crime is estafa thru falsification of a commercial document.
causes damage to, the offended party or any third
person. Elements of Estafa through Fraudulent Means under
Art. 315 (3)
Elements of Estafa by means of False Pretenses or
Fraudulent Acts under Art. 315 (2) 1. Under par.(a) –
2. Under par. (b) – Altering the quality, fineness, or 2. Under par. (b) – Resorting to some fraudulent
weight of anything pertaining to his art or business. practice to insure success in a gambling game;
3. Under par. (c) – Pretending to have bribed any 3. Under par. (c) –
government employee, without prejudice to the action a. Offender removed, concealed, or destroyed;
for calumny which the offended party may deem b. Any court record, office files, documents or any
proper to bring against the offender. (2014 BAR) other papers; and
c. With intent to defraud another.
4. Under par. (d) – postdating a check or issuing a check
in payment of an obligation. (2014 BAR) Demand as a Condition Precedent to the Existence of
Estafa
5. Under par. (e) –
GR: There must be a formal demand on the offender to
a. By obtaining any food, refreshment or comply with his obligation before he can be charged with
accommodation at a hotel, inn, restaurant, estafa.
boarding house, lodging house or apartment
house without paying thereof, with intent to XPNs:
defraud the proprietor or the manager thereof; 1. When the offender’s obligation to comply is subject to
a period; and
b. By obtaining credit at any of said establishments 2. When the accused cannot be located despite due
using any false pretense; or diligence.
83 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
mortgaging the real property); and Swindling by Syndicate P.D. No. 1689
d. Act is made to the prejudice of the owner or of a
third person. Elements (F-E-M)
NOTE: There must be existing real property in order 1. Estafa or other forms of swindling as defined in Arts.
to be liable under this Article. If the real property is 315 and 316 of the RPC is committed;
inexistent, the offender will be liable for estafa under
par. 2(a).
2. Disposing real property knowing it to be encumbered 2. The estafa or swindling is committed by a syndicate of
even if the encumbrance be not recorded. (1998 BAR) Five (5) or more persons; and
3. Wrongful taking of personal property from its lawful Other Kinds of Deceit under Art. 318 (2000 BAR)
possessor to the prejudice of the latter or a third
person; 1. Defrauding or damaging another by any other deceit
not mentioned in the preceding articles; and
Elements: 2. Interpreting dreams, making forecasts, telling
a. Offender is the owner of personal property; fortunes, or taking advantage of the credulity of the
b. Said personal property is in the lawful public in any other similar manner, for profit or gain.
possession of another;
c. Offender wrongfully takes it from its lawful NOTE: Deceits in this article include false pretenses and
possessor; and fraudulent acts.
d. Prejudice is thereby caused to the possessor or
third person. DESTRUCTIVE ARSON
ART. 320, RPC, as amended by R.A. 7659
4. Executing any fictitious contract to the prejudice of
another; Destructive Arson vs. Simple Arson under P.D. 1613
5. Accepting any compensation given to him under the The nature of Destructive Arson is distinguished from
belief it was in payment of services or labor when he Simple Arson by the degree of perversity or viciousness of
did not actually perform such services or labor; and the criminal offender.
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1. ANTI-FENCING LAW
P.D. No. 1612 K. CRIMES AGAINST CHASTITY
Arts. 333-346
a) FENCING
85 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
ACTS OF LASCIVIOUSNESS SIMPLE SEDUCTION
ART. 336, RPC ART. 338, RPC
Seduction is committed by enticing a woman to unlawful NOTE: The virginity mentioned in this Article should
sexual intercourse by promise of marriage or other means not be understood in its material sense and does not
of persuasion without use of force. exclude the idea of abduction of a virtuous woman of
good reputation because the essence of the offense is
Two Classes of Qualified Seduction not the wrong done to the woman but the outrage to
the family and the alarm produced in it by the
1. Seduction of a minor, 16 and over but under 18 years disappearance of one of its members. (Valdepeñas v.
of age, committed by any person in public authority, People, G.R. No. L-20687, 30 Apr. 1966)
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted 2. She must be over 12 and under 18 years of age;
with the education or custody of the minor 3. Taking away of the offended party must be with her
seduced;(As amended by R.A. No. 11648) Consent, after solicitation or cajolery from the
offender; and
Elements: (2007 BAR) 4. Taking away of the offended party must be with Lewd
a. Offended party is a minor, sixteen and over but designs.
under 18 years of age; (As amended by R.A. No.
11648) 1. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
b. Offender has sexual intercourse with her; (R.A. No. 9995)
c. Such offense was committed in abuse of
authority, confidence or relationship.; and
a) DEFINITION OF TERMS
d. Offender is any person in public authority, priest,
Sec. 3
home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be
b) PROHIBITED ACTS
entrusted with the education or custody of the
(Sec. 4)
minor seduced.
U N IV E R S I T Y O F S A N T O T O M A S 86
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2. To copy or reproduce, or to cause to be copied or The victim of the acts
reproduced, such photo or video or recording of committed under this
sexual act or any similar activity with or without section shall be entrusted
consideration; to the care of the DSWD.
87 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
SLANDER
M. CRIMES AGAINST HONOR ART. 358, RPC
ART. 353-364
Kinds of Oral Defamation
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any way participate in or have connection with its INCRIMINATING INNOCENT PERSON
publication. ART. 363, RPC
Where to File a Complaint for Libel Incriminating an Innocent Person vs. Perjury by
Making False Accusation
Criminal and civil actions for damages in case of written
defamations shall be filed simultaneously or separately INCRIMINATING AN PERJURY BY MAKING
with the court of first instance of the province or city: INNOCENT PERSON FALSE ACCUSATION
As to gravamen
1. Where the libelous article is printed and first Committed by performing
The gravamen of the
published; or an act by which the
offense is the imputation
2. Where any of the offended parties actually resides at offender directly
itself, falsely made, before
the time of the commission of the offense. incriminates or imputes to
an officer qualified to take
an innocent person the
an oath
PROOF OF TRUTH commission of a crime
ART. 361, RPC As to act/s punished
Giving of false statement
Admissibility of Proof of Truth (2009 BAR) Limited to the act of
under oath or the making
planting evidence and the
of a false affidavit
Proof of truth is admissible in any of the following: like in order to incriminate
imputing to a person the
an innocent person
commission of a crime
1. When the act or omission imputed constitutes a crime
regardless of whether the offended party is a private Incriminatory Machination vs. Defamation
individual or a public officer.
2. When the offended party is a government employee, INCRIMINATORY
even if the act or omission imputed does not constitute DEFAMATION
MACHINATION
a crime, provided, it is related to the discharge of his
Offender performs acts to Offender avails himself of
official duties.
directly impute to an written or spoken words
innocent person the in besmirching the
LIBELOUS REMARKS
commission of the crime. victim’s reputation.
ART. 362, RPC
89 U N IV E R S I T Y O F S A N T O T O M A S
FACULTY OF CIVIL LAW
CRIMINAL LAW
1. CYBERCRIME PREVENTION ACT OF 2012
R.A. No. 10175 N. CRIMINAL NEGLIGENCE
ART. 365
See pages 79-80 for discussion on Cybercrime
Prevention Act
IMPRUDENCE AND NEGLIGENCE
a) LIBEL ART. 365, RPC
Sec. 4 (c)(4)
Punishable Acts (1993, 2001, 2008, 2009 BAR)
Q: During the 2022 national elections, Bern posted on
her Facebook page a statement that Alfredo, an 1. Committing through reckless imprudence any act
incumbent mayor vying for re-election, has a pending which, had it been intentional, would constitute a
corruption case with the Sandiganbayan. Czarina, grave or less grave felony or light felony;
Bern’s friend, saw the post and commented online, 2. Committing through simple imprudence or negligence
stating: “Bhie, true yan. Alfredo is so corrupt. Marami an act which would otherwise constitute a grave or a
ding binabahay yan. Sugarol pa!” Donnabel, also Bern’s less serious felony;
friend, reacted to Bern’s post by clicking the “like” 3. Causing damage to the property of another through
button. Another person, Justine, who is a stranger to reckless imprudence or simple imprudence or
Bern and her friends, but who claims to be a crusader negligence; and
for good governance, came across the said post.
Finding it relevant to her advocacy and crusade, 4. Causing through simple imprudence or negligence
Justine shared the link to Bern’s post on her Twitter some wrong which, if done maliciously, would have
account. Who among Bern, Czarina, Donnabel, and constituted a light felony.
Justine, if any, are liable for the crime of Cyberlibel?
(2022 BAR) Elements of Reckless Imprudence (Da-V-A-M-P)
A: Only Bern shall be liable for Cyberlibel. Liking, sharing, 1. Offender does or fails to do an Act;
or retweeting a libelous post would generally not be 2. The doing of or the failure to do that act is Voluntary;
criminal in nature, and subject the person liking, sharing, 3. It be without Malice;
or retweeting to liability for the crime of cyber libel. 4. Material Damage results; and
(Disini, et al. v. Secretary of Justice, G.R. No. 203335, 11 Feb. 5. There is an inexcusable lack of Precaution on the part
2014). Under the legal maxim, nullum crimen nulla sine of the person performing or failing to perform such act
poena lege, if there is no law punishing such act, and in the taken into consideration: (2007 BAR)
absence of legislation expressly prohibiting such activity,
there should be no crime. (Bar Q&A by Judge Alejandria, a. Employment or occupation;
2023) b. Degree of intelligence;
c. Physical condition; or
d. Other circumstances regarding persons, time and
place.
U N IV E R S I T Y O F S A N T O T O M A S 90
2023 GOLDEN NOTES