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Criminal Law II Reviewer Vena V.

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Criminal Law II Reviewer


Summary of Book II

Crime Elements Penalty Important Points to Remember


114 1. Offender is a Filipino citizen or an alien residing in the Filipino Citizen – 1. Treason cannot be committed in time of
Treason Philippines RP to death and peace
2. There is war in which the Philippines is involved a fine not to 2. In treason by levying war, it is not necessary
3. Offender either: exceed P100,000 that there be a formal declaration of the
a. levies war against the government existence of a state of war
i. that there be an actual assembling of men, Alien – RT to 3. The war must be directed against
ii. for the purpose of executing a treasonable death and a fine government
design by force not to exceed 4. The purpose of levying war is to deliver the
b. or adheres to the enemies, giving them aid or comfort P100,000 country in whole or in part to the enemy;
must be in collaboration with foreign enemy
Treason – branch of allegiance to a government, committed No complex 5. The aid or comfort given to the enemies
by a person who owes allegiance to it crime of treason must be after the declaration of war; the
with murder, enemies must be the subject of foreign
Allegiance – obligation of fidelity and obedience which the physical power
individuals owe to the government under which they live or to injuries… 6. No treason thru negligence
their sovereign, in return for the protection they receive; 7. When common crimes are charged as overt
either permanent or temporary Aggravating acts of treason, they cannot be regarded as
Circumstances: separate crimes or as complexed by treason.
Adherence to Enemy – intent to betray; when a citizen cruelty, ignominy 8. Treason by Filipino citizen may be committed
intellectually or emotionally favors the enemy and harbors outside the Philippines
sympathies or convictions disloyal to his country’s policy or Art. 64 not 9. Treason is a continuous offense
interests] strictly applied to 10. Treason cannot be proved by circumstantial
treason evidence or extrajudicial confession of
Aid or Comfort – an act which strengthens or tends to accused
strengthen the enemy in the conduct of war against the Gravity of 11. Two witness rule is severely restrictive
traitor’s country and an act which weakens or tends to weaken seriousness of 12. Sufficient that witnesses are uniform in their
the power of the traitor’s country to resist or to attack the acts of treason testimony on the overt act; it is not
enemy are considered necessary that there be corroboration
between them on the point they testified
Ways of Proving Treason: 13. Adherence may be proved by one witness, or
1. Testimony of 2 witnesses, at least, to the same overt act; from the nature of the act itself, or from the
or circumstances surrounding the act
2. Confession of the accused in open court 14. Defense of suspended allegiance and change
of sovereignty is not accepted
15. Defense of obedience to de facto
Government is acceptable
16. Defense of duress or uncontrollable fear is
acceptable

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115 1. Conspiracy to Commit Treason PM and a fine not The two witness rule does NOT apply to this
Conspiracy exceeding article
and Proposal P10,000
to Commit 2. Proposal to Commit Treason PC and a fine not
Treason exceeding
P5,000
116 1. Offender must be owing allegiance to the government and Accessory to the 1. Conspiracy is one to commit treason
Misprision of not a foreigner crime of treason 2. Article 116 is an exception to the rule that
Treason 2. He has knowledge of any conspiracy to commit treason mere silence does not make a person
against the government criminally liable
3. He conceals or does not disclose and make known the
same as soon as possible to governor or fiscal of province
or the mayor or fiscal of the city in which he resides
117 1. By entering, without authority therefore, a warship, fort or PC 1. Espionage – gathering, transmitting, or
Espionage naval or military establishment or reservation to obtain Penalty next losing information respecting the national
any information, plans, photographs or other data of a higher in degree defense with intent or reason to believe that
confidential nature relative to the defense of the shall be imposed the information is to be used to the injury of
Philippines if the offender be the RP or to the advantage of any foreign
a. Offender enters any of the places mentioned therein a public officer or nation
b. He has no authority therefore employee. 2. To be liable under paragraph 1, the offender
c. His purpose is to obtain info, plans, etc. of a must have the intention to obtain
confidential nature relative to defense of RP information relative to the defense of RP
2. By disclosing to the representative of a foreign nation the 3. It is not necessary that the information is
contents of the articles, data, or information referred to in obtained
Par. No. 1 which he had in his possession by reason of the 4. Espionage distinguished from treason:
public office he holds a. Both are crimes not conditioned on
a. Offender is a public officer citizenship
b. He has in his possession the articles, etc. by reason of b. Espionage – may be committed in many
the public office he holds ways, both in time of peace or war;
c. He discloses their contents to a representative of a Treason – 2 ways of committing; and
foreign nation only in time of war
118 1. Offender performs unlawful or unauthorized acts RT if public 1. The intention of offender is immaterial
Inciting to 2. Such acts provoke or give occasion for a war involving or officer or 2. Committed in time of peace
War or Giving liable to involve the Philippines or expose Filipino citizens employee
Motives to reprisals on their persons or property PM if private
individual
119 1. There is a war which the Philippines is not involved PC 1. Neutrality – a nation or power which takes
Violation of 2. There is a regulation issued by competent authority for the no part in a contest of arms going on
Neutrality purpose of enforcing neutrality between others is referred to as neutral
3. Offender violates such regulation 2. There must be regulation issued by
competent authority for enforcement of
neutrality

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120 1. It is in time of war in which the Philippines is involved PC 1. Correspondence – communicating by


Correspondenc 2. Offender makes correspondence with an enemy country or means of letters; or it may refer to the
e with Hostile territory that is occupied by enemy troops letters which pass between those who have
Country 3. The correspondence is either friendly or business relations
a. Prohibited by the government 2. Even if correspondence contains innocent
b. Carried in ciphers or conventional signs PM matters, if such has been prohibited by the
c. Containing notice or information which might be useful RT if info may be government, it is punishable
to the enemy useful to enemy 3. Prohibition by the government is not
RT to death if essential in paragraphs 1 and 2
intention was to 4. Qualifying circumstances that must concur
aid the enemy together:
a. The notice or information might be
useful to the enemy
b. The offender intended to aid the enemy
121 1. There is a war which the Philippines is involved Arresto Mayor 1. An alien resident may be guilty of flight to
Flight to 2. Offender must be owing allegiance to the government enemy country
Enemy’s 3. Offender attempts to flee or go to enemy country 2. Mere attempt to flee or go to enemy country
Country 4. Going to enemy country is prohibited by competent consummates crime
authority 3. Article 121 must be implemented by the
Government
122 1. Vessel is on the high seas or in Philippine waters RP 1. High Seas – any waters on the sea coast
Piracy in 2. Offenders are not members of its complement or Same penalty which are without the boundaries of low-
General and passengers of the vessel shall be inflicted water mark, although such waters may be in
Mutiny on the 3. Offenders either in case of mutiny the jurisdictional limits of a foreign
High Seas or a. attack or seize the vessel on the high seas government
in Philippine b. seize the whole or part of the cargo of said vessel, it’s or in Philippine 2. Piracy Distinguished From Robbery in
Waters equipment, or personal belongings of its complement waters High Seas
or passengers a. In piracy offender is an outsider; in
robbery, offender is member of crew or
Piracy – robbery or forcible depredation on the high seas, passenger
without lawful authority and done with animo furandi and in b. In both, there is intent to gain and
the spirit and intention of universal hostility manner of committing the crime is the
same
Mutiny – unlawful resistance to a superior officer, or the 3. Piracy Distinguished from Mutiny
raising of commotions and disturbances on board a ship a. In piracy, the offenders are strangers; in
against the authority of the commander mutiny, they are members of the crew or
passengers
b. In piracy, intent to gain is essential; in
mutiny, the intention may be to ignore
ship’s officers or to commit plunder

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123 Qualifying Circumstances: Special complex 1. Any person who aids or protects pirates or
Qualified 1. Seized vessel by boarding or firing upon the same; or crime punishable abets the commission of piracy shall be
Piracy 2. Pirates have abandoned their victims without means of by RP to Death considered as an accomplice
saving themselves; or regardless of 2. R.A. 6235 – An Act Punishing Certain Acts
3. Crime is accompanied by murder, homicide, physical number of Inimical to Civil Aviation
injuries or rape victims
124 1. Offender is a public officer or employee Not exceeded 3 1. Legal Grounds for Detention of Prisoner:
Arbitrary 2. He detains a person days – A Mayor a. the commission of a crime
Detention 3. Detention is without legal grounds in maximum to b. violent insanity or o the ailment
PC in minimum requiring the compulsory confinement of
Detention – when a person is placed in confinement or there More than 3 less the patient in a hospital
is a restraint on his person than 15 days – 2. Arrest without warrant is the usual cause of
PC in medium arbitrary detention
Detention is without legal grounds: and maximum 3. Arrest Without Warrant, When Lawful (Sec. 5
1. When he has not committed any crime or, at least, there is More than 15 not Rule 113)
no reasonable ground for suspicion that he has committed more than 6 - Personal knowledge is required
a crime; or months – PM - A crime must in fact or actually have
2. When he is not suffering from violent insanity or any other Exceeded 6 mos. been committed
ailment requiring compulsory confinement in a hospital – RT 4. There is no reasonable ground if officer only
wants to know the commission of crime
5. There is arbitrary detention thru imprudence
125 1. Offender is a public officer or employee Same as next 1. If the offender is a private person, the crime
Delay in 2. He has detained a person for some legal ground preceding is illegal detention
Delivery of 3. He fails to deliver such person to the proper judicial article: 2. Detention must be for some legal ground
Detained authorities within: Within 12 hours 3. Article 125 does not apply when the arrest is
Person to a. 12 hours for offenses punishable by light penalties or for light penalties by virtue of a warrant of arrest but must be
Proper their equivalent Within 18 hours a lawful arrest
Judicial b. 18 hours for offenses punishable by corrective for corrective 4. Delivery does not consist in a physical
Authorities penalties or their equivalent penalties delivery, but in making an accusation or
c. 36 hours for offenses punishable by afflictive or capital Within 36 hours charge or filing of an information against
or their equivalent for afflictive or person
capital penalties 5. Duty of the detaining officer is deemed
Proper Judicial Authorities – means the courts of justice or complied with upon the filing of the
judges or said courts vested with judicial power to order the complaint with the judicial authority
temporary detention or confinement of a person charged with 6. Provisions of Article 125 may be waived if
having committed a public offense person asks for preliminary examination
7. Violation of Article 125 does not affect
Rights of Person Detained: legality of confinement under process issued
1. He shall be informed of the cause of his detention by a court
2. He shall be allowed, upon his request, to communicate 8. The illegality of the detention is not cured by
and confer at anytime with his attorney or counsel the filing of the information in court
9. Fiscal is not liable, unless he ordered
Circumstances considered in determining liability of detention
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officer detaining a person beyond legal period: 10. Article 125 distinguished from Article 124 –
1. means of communication in Art. 124, the detention is illegal from the
2. hour of arrest beginning; in Art. 125, the detention is legal
3. other circumstances (time, etc.) in the beginning but the illegality of the
detention starts from the expiration of any of
the periods of time specified without person
detained having been delivered to proper
judicial authority
126 1. That offender is a public officer or employee Same as Article Wardens and jailers are the public officers most
Delaying 2. There is a judicial or executive order for the release of a 124 likely to violate Article 126
Release prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
person
3. The offender without good reason delays:
a. the service of the notice of such order to the prisoner
b. the performance of such judicial or executive order for
the release of the prisoner
c. the proceedings upon a petition for the release of such
person
127 1. Offender is a public officer or employee PC Only the court by a final judgment can order a
Expulsion 2. He expels any person from the Philippines or compels a person to change his residence
person to change his residence
3. The offender is not authorized to do so by law
128 Acts Punished: PC in minimum 1. A public officer or employee is authorized by
Violation of 1. By entering any dwelling against the will of the owner judicial order when he is armed with a
Domicile thereof; or PC in medium search warrant duly issued by the court
2. By searching papers or other effects found therein without and maximum if 2. “Against the will of the owner” presupposes
the previous consent of such owner; or with Qualifying opposition or prohibition by said owner,
3. By refusing to leave the premises, after having circumstances of whether express or implied; if it is only
surreptitiously entered said dwelling and after having been nighttime, or if without the consent of the owner, the crime
required to leave the same any papers or is not committed
effects not 3. Right of officer to break into building or
Elements Common to the Three Acts: constituting enclosure (Sec 11 Rule 113, 1985 Rules on
1. Offender is a public officer or employee evidence of a Criminal Procedure)
2. He is not authorized by judicial order to enter the dwelling crime be not 4. Circumstances Qualifying the Offense:
and / or to make a search therein for papers and other returned a. If the offense is committed at nighttime;
effects immediately or
b. If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search was made
5. Papers of other effects must be found in the
dwelling

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129 Acts Punished: Liability 1. Personal Property to be Seized:


Search 1. By procuring a search warrant without just cause attaching to a. Subject of the offense; or
Warrants a. Offender is a public officer or employee Offender for b. Stolen or embezzled and other proceeds
Maliciously b. Procures a search warrant commission of or fruits of the offense; or
Obtained and c. There is no just cause any other c. Used or intended to be used as the
Abuse in 2. By exceeding his authority or by using unnecessary offense (perjury) means of committing an offense
Service of severity in executing a search warrant legally procured and 2. Search warrant will not issue except upon
Those Legally a. The offender is a public officer or employee A Mayor in probable cause
Obtained b. He has legally procured a search warrant maximum to PC 3. Search warrant is valid for 10 days from its
c. He exceeds his authority or uses unnecessary severity in minimum and date
in executing the same fine not 4. The true test of lack of just cause is whether
exceeding the affidavit filed in support of the
Search Warrant – an order in writing issued in the name of P1,000 application for search warrant has been
the People of the Philippines, signed by a judge and directed drawn in such a manner that perjury could
to a peace officer, commanding him to search for personal be charged thereon and affiant be held liable
property described therein and bring it before the court for damages caused
Probable Cause – such reasons, supported by facts and 5. Search and seizure without warrant as an
circumstances, as will warrant a cautious man in the belief incident to lawful arrest is legal
that his action, and the means taken in prosecuting it, are 6. Peace officers may enter house of an
legally just and proper offender who committed an offense in their
presence
7. Search and seizure of vessels without a
search warrant legal
130 1. The offender is a public officer or employee A Mayor in 1. Search – to go over or look thru for the
Searching 2. He is armed with search warrant legally procured medium and purpose of finding something; to examine
Domicile 3. He searches the domicile, papers or other belongings of maximum 2. Distinguish Article 128 from Article 130 – In
Without any person violation of domicile, the public officer has
Witnesses 4. The owner, or any member of his family, or two witnesses not authority to make a search warrant; in
residing in the same locality are not present Article 130, public officer has a search
warrant
131 1. Offender is a public officer or employee PC in minimum 1. Private individual cannot commit this crime
Prohibition, 2. He performs any of the following acts: 2. Under paragraph 1, public officer must act
Interruption, a. Prohibiting or interrupting, without legal ground, the without legal ground
and holding of a peaceful meeting, or by dissolving the 3. When the meeting to be held is not peaceful,
Dissolution of same there is legal ground for prohibiting it
Peaceful b. Hindering any person from joining any lawful 4. The right to peaceably assemble is not
Meetings association or from attending any of its meetings absolute and may be regulated
c. Prohibiting or hindering any person from addressing, 5. The offender must be a stranger, not a
either alone or together with others, any petition to participant, in the meeting
the authorities for the correction of abuses or redress
of grievances
132 1. Offender is a public officer or employee PC in minimum 1. Preventing a religious ceremony to take
Interruption 2. Religious ceremonies or manifestations of any religion are PC in medium place punishable under this article
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of Religious about to take place or are going on and maximum if 2. Reading a bible and then attacking certain
Worship 3. Offender prevents or disturbs the same committed with churches in a public plaza is not a ceremony
Qualifying Circumstance: violence or of manifestation of religion, but only a
- if the crime is committed with violence or threats threats meeting of a religious sect
133 1. Acts complained of were performed: A Mayor in 1. It is not necessary that there is a religious
Offending the a. In a place devoted to religious worship, or maximum to PC ceremony going on when the offender
Religious b. During the celebration of any religious ceremony in minimum performs acts notoriously offensive to the
Feelings 2. The acts must be notoriously offensive to the feelings of feelings of the faithful
the faithful 2. There must be deliberate intent to hurt the
feelings of the faithful
Religious Ceremonies – religious acts performed outside of 3. Offense to feelings is judged from
a church, such as processions and special prayers for burying complainant’s point of view
dead person
134 1. There be a public uprising and taking arms against the RP – person who 1. Rebellion or of inciting it is a crime of
Rebellion or Government promotes, masses, of a multitude
Insurrection 2. The purpose of the uprising or movement is either: maintains or 2. Actual clash of arms with the forces of the
a. to remove from the allegiance to said government or heads rebellion government, not necessary to convict the
its laws: or insurrection accused who is in conspiracy with others
i. the territory of the Philippines or any part actually taking arms against the government
thereof; or RT – person 3. Purpose of the uprising must be shown
ii. any body of land, naval or other armed forces; merely 4. It is not necessary that the purpose be
or participating or accomplished
b. To deprive the Chief Executive or Congress, wholly or executing 5. Giving aid or comfort not criminal in rebellion
partially, of any of their powers or prerogatives commands of 6. Rebellion distinguished from Subversion –
others rebellion is a crime against public order;
Rebellion – used where the object of the movement is Subversion – like treason, against national
completely to overthrow and supersede the existing security
government 7. Mere silence or omission is not punishable in
rebellion
Insurrection – used in reference to a movement which seeks 8. It is not a defense in rebellion that the
merely to effect some change of minor importance, or to accuse never took the oath of allegiance to,
prevent the exercise of governmental authority with respect to or that they never recognized the
particular matters or subject government
9. Those who killed persons in pursuance of
Rebellion distinguished from Treason: movement to overthrow government are
1. Rebellion – levying of war during peace time for any of the liable for rebellion only
purposes mentioned; Treason – performed in aid of enemy 10. There is no complex crime of rebellion with
during wartime murder and other common crimes
2. Rebellion always involves taking up arms against (Hernandez ruling)
government; Treason may be committed by mere 11. Killing, robbing, etc for a private purpose or
adherence to the enemy, giving aid or comfort profit, without any political motivation, would
be separately punished and would not be
absorbed in the rebellion

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134-A 1. Offender is a person(s) belonging to the military or police RT in maximum 1. Coup d’ etat may be committed with or
Coup d’etat or holding any public office or employment – person in without civilian participation
2. It is committed by means of a swift attack accompanied government 2. Those liable for Rebellion, Insurrection
by violence, intimidation, threat, strategy or stealth service who and/or Coup d’ etat (Article 135)
3. The attack is directed against duly constituted authorities participates, or a. Leaders
of the Philippines, or any military camp or installation, executes i. any person who promotes, maintains,
communication networks, public utilities or other facilities directions or or heads a rebellion or insurrection
needed for the exercise and continued possession of commands of ii. any person who leads, directs, or
power others in commands others to undertake a coup
4. The purpose of the attack is to seize or diminish state undertaking a d’etat
power coup d’etat b. Participants
PM in maximum i. Any person who participates or
Political Crimes Distinguished from Common Crimes – person not in executes the commands of others in
- Political crimes are those directly aimed against the government rebellion or insurrection
political order, as well as such common crimes as may service who ii. Any person in the government service
be committed to achieve a political purpose participates, or who participates, or executes
- The decisive factor is the intent or motive in any manner directions or commands of others in
supports, undertaking a coup d’etat
finances, abets iii. Any person not in the government
or aids in service who participates, supports,
undertaking a abets, or aids in undertaking a coup
coup d’etat d’etat
136 Conspiracy and Proposal to Commit Coup d’etat PM in minimum 1. Merely agreeing and deciding to rise publicly
Conspiracy and fine not to and take arms against the government for
and Proposal exceed P8,000 the purposes of rebellion or merely
to Commit Conspiracy to Commit Rebellion or Insurrection PC in maximum proposing the commission of said acts is
Coup d’etat, and fine not to already subject to punishment
Rebellion or exceed P5,000 2. No conspiracy when there is no agreement
Insurrection Proposal to Commit Rebellion or Insurrection PC in medium and no decision to commit rebellion
and fine not to
exceed P2,000
137 1. Offender is a public officer or employee PC in minimum The crime of disloyalty of public officers presupposes
Disloyalty of 2. Commits any of the following acts of disloyalty: the existence of rebellion by other persons
Public a. Failing to resist a rebellion by all the means in their The offender under Article 137 must not be in
Officers power; conspiracy with the rebels
b. Continuing to discharge the duties of their offices
under the control of the rebels;
c. Accepting appointment to office under them
138 1. Offender does not take arms or is not in open hostility PM in minimum 1. Inciting to Rebellion Distinguished from
Inciting to against the government Proposal
Rebellion 2. He incites others to the execution of any of the acts of a. in both, the offender induces another to
rebellion commit rebellion
3. The inciting is done by means of speeches, proclamations, b. in proposal, person who proposes has

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writings, emblems, banners or other representations decided to commit rebellion; in inciting,


tending to the same end it is not required that offender has
decided to commit rebellion
c. in proposal, person who proposes uses
secret motive; in inciting, the act is done
publicly
2. Rebellion should not be committed
139 1. The offenders rise publicly and tumultuously PM in minimum 1. Sedition is the raising of commotions or
Sedition 2. They employ force, intimidation, or other means outside of and a fine not disturbances in the state
legal methods exceeding 2. Sedition Distinguished from Rebellion
3. The offenders employ any of those means to attain any of P10,000 – for a. In both, there must be public
the following objects: the leader of uprising
a. To prevent the promulgation or execution of any law or sedition b. In sedition, it is sufficient that public
the holding of any popular election uprising is tumultuous; in rebellion,
b. To prevent the National Gov’t, or any provincial or PC in maximum there must be taking up of arms
municipal gov’t, or any public officer thereof from and a fine not against the government
freely exercising its or his functions, or prevent the exceeding c. In sedition, the purpose of offenders
execution of any administrative order P5,000 – for may be political or social; in
c. To inflict any act of hate or revenge upon the person other persons rebellion, it is always political
or property of any public officer or employee participating 3. Sedition distinguished from treason –
d. To commit, for any political or social end, any act of therein treason is the violation by a subject of
hate or revenge against private persons or any social allegiance to sovereign; sedition is the
class; and raising of commotions or disturbances in the
e. To despoil, for any political or social end, any person, State
municipality or province, or the national gov’t of all its 4. Public uprising and an object of sedition
property or any part thereof must concur
5. Common crimes are not absorbed in sedition
141 PC in medium 1. There must be an agreement and a decision
Conspiracy to and fine not to to rise publicly and tumultuously to attain
Commit exceed P2,000 any of the objects of sedition
Sedition 2. There is no proposal to commit sedition
142 Different Acts Punished: PC in maximum 1. Scurrilous – low, vulgar, mean or foul
Inciting to 1. Inciting to Sedition to Accomplish any of its Objects: and fine not to 2. Uttering seditious words or speeches and
Sedition a. Offender does not take direct part in the crime of exceed P2,000 writing, publishing or circulating scurrilous
sedition libels are punishable, when:
b. He incites others to the accomplishment of any of the a. they tend to disturb or obstruct any
acts which constitute sedition lawful officer in executing the functions
c. The inciting is done by means of speeches, of his office; or
proclamation, writings, emblems, cartoons, banners, b. they tend to instigate others to cabal
or other representations tending to the same end and meet together for unlawful
2. Uttering seditious words or speeches which tend to disturb purposes; or
the public peace c. they suggest or incite rebellious
3. Writing, publishing or circulating scurrilous libels against conspiracies or riots; or
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the government or any of the duly constituted authorities d. they lead or tend to stir up the people
thereof, which tend to disturb the public peace against the lawful authorities or to
a. Offender does not take direct part in the crime of disturb the peace of the community, the
sedition safety and order of the government
b. Commits any of the following acts of sedition either 2 3. Knowingly concealing such evil practices is
or 3 treated and punished as that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
143 1. There be a projected or actual meeting of Congress or any PC or a fine Chief of police and mayor who prevented the
Acts Tending of its committees or subcommittees, constitutional ranging from meeting of the municipal council are liable under
to Prevent committees or divisions thereof, or of any provincial board P200 to P2,000 Article 143, when the defect of the meeting is
the Meeting or city or municipal council or board or both not manifest and requires an investigation
of Congress 2. The offender who may be any person prevents such before its existence can be determined
meeting by force or fraud
144 1. There be a meeting of Congress or any of its committees A Mayor or a fine 1. The complaint for disturbance of proceedings
Disturbance or subcommittees, constitutional commissions or of P200 to may be filed by a member of a legislative
of committees or divisions thereof, or of any provincial board P1,000 body
Proceedings or city or municipal council or board 2. One who disturbs the proceedings of the
of Congress 2. The offender does any of the following acts: congress my also be punished for contempt
and Similar a. He disturbs any of such meetings
Bodies b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
145 First Form PM 1. Parliamentary immunity does not protect
Violation of 1. The offender (any person) uses force, intimidation, threats members of the Congress from responsibility
Parliamentar or fraud. before the legislative body itself
y Immunity 2. The purpose of the offender is to prevent any member of 2. It is sufficient that the offender, in using
Congress from: force, intimidation, threats, or frauds, has
a. Attending the meetings of Congress or any of its the purpose to prevent a member of
committees, etc.; or Congress from exercising any of his such
b. Expressing his opinion; or prerogatives
c. Casting his vote
Second Form PC
1. Offender is a public officer or employee
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search, is in regular or
special session
4. The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor
146 1. Any meeting attended by armed persons for the purpose PC in maximum 1. Persons present at the meeting must be
Illegal of committing any of the crimes punishable under the code to PM in medium armed in the first form of illegal assembly

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Assemblies a. there is a meeting, a gathering or group of persons, – for organizers 2. But not all the persons present at the
whether in a fixed place or moving or leaders of any meeting of the 1st form of illegal assembly
b. that the meeting is attended by armed persons meeting under must be armed
c. that the purpose of the meeting is to commit any of this article
3. The unarmed person merely present at the
the crimes punishable under the code
meeting of the 1st form of illegal assembly is
2. Any meeting in which the audience, whether armed or not, A Mayor –
liable
is incited to the commission of treason, rebellion or unarmed persons
4. If any person present at the meeting carries
insurrection, sedition, or assault upon a person in merely present
an unlicensed firearm:
authority or his agents
a. It is presumed that the purpose of the
a. there is a meeting, a gathering or group of persons, PC – armed
meeting insofar as he is concerned, is to
whether in a fixed place or moving persons merely
commit acts punishable under the Code;
b. the audience, whether armed or not, is incited to the present
and
commission of the crime of treason, rebellion or
b. He is considered a leader or organizer of
insurrection, sedition or direct assault
the meeting
Persons liable for illegal Assembly: 5. Meeting – includes a gathering or group,
1. Organizers or leaders of the meeting whether in a fixed place or moving
2. Persons merely present at the meeting
147 Illegal Associations: PC in minimum Illegal Association distinguished from Illegal
Illegal 1. Associations totally or partially organized for the purpose and medium and Assembly
Associations of committing any of the crimes punishable under the a fine not 1. In Illegal Association, it is not necessary that
Code exceeding there be an actual meeting; In illegal
2. Associations totally or partially organized for some P1,000 – Assembly, it is necessary there is an actual
purpose contrary to public morals founders, meeting
directors, and 2. In illegal associations, it is the act of forming
Persons Liable for Illegal Association: presidents or organizing and membership in association
1. Founders, directors and president of the association A Mayor – mere that are punished; in Illegal Assembly, it is
2. Mere members of the association members of said the meeting and attendance at such meeting
association that are punished
3. In illegal associations, the persons liable are
the founders, directors and president and
the members; In illegal assembly the person
liable are the organizers or leaders of the
meeting, and persons present at such
meeting
148 2. Without public uprising, by attacking or employing force or PC in medium 1. It does not seem that the offended party in
Direct and maximum the first form of direct assault must be a
Assaults Simple Assault: periods and a person in authority or his agent
a. the offender makes an attack, employs force, makes a fine not 2. If the offended party is only an agent of a
serious intimidation, or makes a serious resistance exceeding person in authority, the force employed must
b. the person assaulted is a person in authority or his P1,000 – when be of SERIOUS character to be direct assault
agent the assault is
c. at the time of the assault the person in authority or his 3. The force employed NEED NOT be serious
committed with a
agent is engaged in the actual performance of official when the offended party is a person in
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duties, or that he is assaulted by reason of the past weapon or when authority


performance of official duties the offender is a 4. The intimidation or resistance must be
d. the offender knows that the one he is assaulting is a public officer or serious whether the offended party is an
person in authority or his agent in the exercise of his employee agent only or he is a person in authority
duties 5. The resist must be grave, therefore it must
e. there is no public uprising PC in minimum be active resistance
period and a fine 6. Intimidation must produce its effects
Qualified Assault not exceeding immediately
a. when the assault is committed with a weapon P500 – no 7. To determine whether a certain public officer
b. when the offender is a public officer or employee circumstances is a person in authority, the powers and
c. when the offender lays hands upon a person in present duties vested in him by law should be
authority determined
8. The status of person in authority being a
Person in Authority – any person directly vested with matter of law, ignorance thereof is no excuse
jurisdiction, whether as an individual or as a member of some 9. Functions of the person in authority or his
court or governmental corporation, board or commission, shall agent must be clearly shown in the
be deemed a person in authority information
10. When a person in authority or their agents
Agent of Person in Authority – one who, by direct provision descended to mattes which are private in
of law, or by election or by appointment by competent nature, an attack made by one against the
authority, is charged with the maintenance of public order and other is not direct assault
the protection and security of life and property, such as a 11. Even if the agent of a person in authority
barrio vice-lieutenant, barrio councilman and barrio policeman, agrees to fight, it still constitutes direct
and any person who comes to the aid of persons in authority assault
12. If a person in authority or his agent goes
To be an agent of a person of authority, one must be beyond the scope of the respective powers
charged with: of public officers, if they are fixed, then they
1. maintenance of public order; and are considered NOT in the performance of
2. protection and security of life and property official duties
13. Knowledge of the accused that the victim is
Distinguish Direct Assault from Ordinary Assault: a person in authority or his agent is essential
a. Direct assault are crimes against public order; 14. Defendant must have the intention to defy
ordinary assaults are crimes against persons the authorities
b. Direct assaults are triable by the Court of First 15. If is not necessary that the person in
Instance authority who was assaulted was ACTUALLLY
performing official duties
16. Evidence of motive is important when the
person attacked or seriously intimidated is
NOT in the actual performance of his official
duty
17. Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the

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complex crime of direct assault with serious


or less serious physical injuries
18. the crime of slight physical injuries is
absorbed in direct assault
149 1. A person in authority or his agent is the victim of any of PC in minimum 1. Indirect assault can be committed only when
Indirect the forms of direct assault defined in Article 148 and medium a direct assault is also committed
Assaults 2. A person comes to the aid of such authority or his agent periods and a 2. The offended party in indirect assault may
3. The offender makes use of force or intimidation upon such fine not be a private person
person coming to the aid of the authority or his agent exceeding P500
150 Acts Punishable: A Mayor or a fine 1. Article 150 applies only to disobedience
Disobedience 1. By refusing, without legal excuse, to obey summons of ranging from WITHOUT legal excuse
to Summons Congress, its special or standing committees and P200 to P1,000 – 2. Any of the acts punished by Article 150 may
Issued by subcommittees or divisions, or by any commission or any person who also constitute contempt of Congress
Congress, its committee chairman or member authorized to summon having been 3. The court may take any action not
Committees, witnesses summoned… amounting to a release of a prisoner of
etc. 2. By refusing to be sworn or placed under affirmation while Congress
being before such legislative or constitutional body or Same penalty – 4. The power of inquiry, with process to enforce
official any person who it, is an essential and appropriate auxiliary to
3. By refusing to answer any legal inquiry or to produce any shall induce the legislative functions
books, papers, documents, or records in his possession, disobedience to a
when required by them to do so in the exercise of their summons or
functions refusal to be
4. By restraining another from attending as a witness in such sworn by any
legislative or constitutional body such body
5. By inducing disobedience to a summons or refusal to be
sworn by any such body or official
151 Resistance and Serious Disobedience (Par.1): A Mayor and a Paragraph 1:
Resistance 1. A person in authority or his agent is engaged in the fine not 1. The juridical conception of the crime of
and performance of official duty or gives a lawful order to the exceeding P500 resistance and disobedience to a person in
Disobedience offender – any person authority or his agents consists in a failure to
to a Person in 2. The offender resists or seriously disobeys such person in shall resist or comply with orders directly issued by the
Authority or authority or his agent seriously disobey authorities in the exercise of their official
Agents of 3. The act of the offender is not included in the provisions of any person in duties
Such Person Articles 148, 149, and 150 authority 2. The person in authority must be in the actual
Simple Disobedience (Par. 2): performance of his official duties
1. An agent of a person in authority is engaged in the A Menor or a fine 3. The disobedience contemplated consists in
performance of official duty or gives a lawful order to the ranging from P10 the failure or refusal to obey a direct order
offender to P100 – from the authority or his agent
2. The offender disobeys such agent of a person in authority disobedience to 4. The accused must have knowledge that the
3. Such disobedience is not of a serious nature an agent of a person arresting him is a peace officer
person in 5. There is justified resistance when the
Direct Assault Distinguished from Resistance or Serious authority is not accused had no right to make the search
Disobedience: of a serious

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1. In direct assault, the person in authority or his agent must nature Paragraph 2:
be engaged in performance of official duties or that he is 6. The order must be lawful
assaulted by reason thereof, but in resistance, the person 7. If the disobedience to an agent of a person
in authority or his agent must be in actual performance of in authority is of a serious nature, the
his duties offender should be punished under par. 1 of
2. Direct assault (2nd form) is committed in 4 ways; Article 151
Resistance is committed only by resisting or seriously 8. When the attack or employment of force is
disobeying not deliberate, the crime is only resistance
3. In both, there is force employed, but the force in or disobedience
resistance is not so serious, as there is no manifest
intention to defy the law; in direct assault it must be
serious and deliberate;
4. When the one resisted is a person in authority, the use of
any kind or degree of force will give rise to direct assault;
if no force is employed by the offender in resisting or
disobeying, the crime committed is resistance
153 Tumults and Other Disturbances of Public Order: A Mayor in 1. Serious disturbance must be planned or
Tumults and 1. Causing any serious disturbance in a public place, office or medium to PC in intended
Other establishment minimum and a 2. If the act of disturbing or interrupting a
Disturbances 2. Interrupting or disturbing performances, functions or fine not meeting or religious ceremony is not
of Public gatherings, or peaceful meetings, if the act is not included exceeding committed by public officers, or if committed
Order in Articles 131 and 132 P1,000 by public officers they are participants
3. Making any outcry tending to incite rebellion or sedition in Penalty next therein, Article 153 should be applied
any meeting, association or public place higher in Degree 3. Inciting to Sedition or Rebellion distinguished
4. Displaying placards or emblems which provoke a – person causing from Public Disorder – It is necessary that
disturbance of public order in such place any disturbance offender should have done the act with the
5. Burying with pomp the body of a person who has been or interruption of idea aforethought of inducing his hearers or
legally executed a tumultuous readers to commit the crime of rebellion or
character sedition; if the outcry is more or less
Outcry – to shout subversive or provocative words tending to A Mayor – unconscious outburst, which, although
stir up the people to obtain by means of force or violence any person who shall rebellious or seditious in nature, is not
of the objects of rebellion or sedition make any outcry intentionally calculated to induce others to
tending to incite commit rebellion or sedition, it is only public
Circumstances Qualifying the Disturbance or rebellion or disorder
Interruption sedition 4. One who fired a submachine gun to cause
- if tumultuous in character A Menor and a disturbance, but inflicted serious physical
fine not to injuries on another, may be prosecuted for 2
Tumultuous – the disturbance or interruption shall be deem exceed P200 – crimes
as such if caused by more than three persons who are armed bury with pomp
or provided with means of violence the body of a
person legally
executed
154 Acts Punished as Unlawful Use of Means of Publication A Mayor and fine 1. It is not necessary that the publication of the
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Unlawful Use and Unlawful Utterances: ranging from false news actually cased public disorder or
of Means of 1. Publishing or causing to be published, by means of P200 to P1,000 caused damage to the interest or credit of
Publication printing, lithography or any other means of publication, as the State; the mere possibility of causing
and Unlawful news any false news which may endanger the public order, such danger or damage is sufficient
Utterances or cause damage to the interest or credit of the State 2. The offender must know that the news is
2. By encouraging disobedience to the law r to the false
constituted authorities or by praising, justifying or 3. If there is no possibility of danger to the
extolling any act punished by law, by the same means or public order or of causing damage to the
by words, utterances or speeches interest or credit of the state by the
3. By maliciously publishing or causing to be published any publication of the false news
official resolution or document without proper authority, or
before they have been published officially
4. By printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which do
not bear the real printer’s name, or which are classified as
anonymous
155 Acts Punished as Alarms and Scandals: A Menor or a fine 1. It is the result, not the intent that counts.
Alarms and not exceeding The act must produce alarm or danger as a
Scandals 1. Discharging any firearm, rocket, firecracker, or other P200 consequence
explosive within any town or public place, calculated to 2. The discharge of the firearm should not be
cause (which produces) alarm or danger aimed at a person, otherwise, the offense
2. Instigating or taking an active part in any charivari or would fall under Article 254
other disorderly meeting offensive to another or prejudicial 3. Article 155 does not make any distinction as
to public tranquility to the particular place in the town or public
3. Disturbing the public peace while wandering about at night place where the discharge of firearm, rocket,
or while engaged in any other nocturnal amusements etc. is effected
4. Causing any disturbance or scandal in public places while 4. The discharge of firecrackers or rockets
intoxicated or otherwise, provided Article 153 is not during fiestas or festive occasion are not
applicable covered by this Article
5. Disturbance of serious nature falls under
Article 153
6. Charivari – medley of discordant voices, a
mock serenade of discordant noises made on
kettles, tins, horns, etc. designed to annoy
and incite
156 1. There is a person confined in a jail or penal establishment A Mayor in 1. Person may be under detention only or by
Delivering 2. The offender removes therefrom such person, or helps the maximum to PC final judgment
Prisoners escape of such person in minimum – 2. Hospital or asylum considered as an
from Jail any person who extension of jail or prison
shall remove 3. Offender is usually an outsider
Qualifying Circumstance from any jail any 4. The guard of the jail, who is off duty, may be
- What constitutes the qualifying circumstance is the person confined held liable for delivering prisoner from jail
offender’s act of employing bribery as a “means” of therein or shall 5. Violence, intimidation or bribery is not

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removing or delivering the prisoner from jail, and not help escape of necessary
the offender’s act of receiving or agreeing to receive a such person by 6. Employment of deceit is not an element of
bribe as a consideration fro committing the offense means of the offense
violence, 7. If the crime committed by the prisoner for
intimidation or which he is confined or serving sentence is
bribery treason, murder or parricide, the act of
Same Penalties taking the place of the prisoner in the prison
in Minimum – if is that of an accessory and he may be held
escape should liable as such, because he assists in the
take place escape of the principal
outside of said 8. Prisoner is criminally liable for leaving the
establishment by penal institution only when there is evasion
taking guards by of a sentence
surprise
157 1. Offender is a convict by final judgment PC in medium 1. The sentence must be “by reason of final
Evasion of 2. He is serving his sentence which consists in deprivation of and maximum – judgment”
Service of liberty escape during 2. This article is not applicable to sentence
Sentence 3. He evades the service of the sentence by escaping during term of executed by deportation
the term of his sentence imprisonment 3. Escape – flee from, to avoid, to get out of
PC in maximum the way, as to flee to avoid arrest
Qualifying Circumstances: – if it shall take 4. Article 157 is applicable to sentence of
1. by means of unlawful entry (by scaling); with any of the destierro, since it consists in a deprivation of
2. by breaking doors, windows, gates, walls, roofs or floors; qualifying liberty
3. by using picklocks, false keys, disguise, deceit, violence, circumstances
5. Unlawful entry – scaling or climbing the
or intimidation; or enumerated
wall
4. thru connivance with other convicts or employees of penal
institution
158 1. The offender is a convict by final judgment, who is Increase of 1/5 1. Offender must be a convict by final
Evasion on confined in a penal institution of time still judgment
Occasion of 2. There is a disorder, resulting from: conflagration, remaining to be 2. The convict must leave the penal institution
Disorders earthquake, explosion, similar catastrophe, or mutiny in served under the 3. What is punished is not the leaving of the
which he has not participated original penal institution, but the failure of the
3. The offender evades the service of his sentence by leaving sentence, which convict to give himself up to the authorities
the penal institution where he is confined, on the occasion in no case shall within 48 hours after the proclamation
of such disorder or during the mutiny exceed six announcing the passing away of the calamity
4. The offender fails to give himself up to the authorities months 4. If offender fails to give himself up, he gets
within 48 hours following the issuance of a proclamation Deduction an increased penalty
by the chief executive announcing the passing away of provided in 5. If offender gives himself up he is entitle to a
such calamity Article 98 – if deduction of 1/5th of his sentence
convict shall give
Mutiny – organized unlawful resistance to a superior officer; a himself up within
sedition or revolt; does not include a riot or if prisoners 48 hours
disarmed the guards and escaped since they are not their

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superior officers
159 1. Offender was a convict PC in minimum 1. The court cannot require the convict to serve
Violation of 2. He was granted a conditional pardon by the Chief period – if the unexpired portion of his original
Conditional Executive penalty remitted sentence if it does not exceed 6 years
Pardon 3. He violated any of the conditions of such pardon does not exceed 2. Violation of conditional pardon is not a
6 years substantive offense, because the penalty for
Conditional Pardon – a contract between the Chief such violation is the unexpired portion of the
Executive, who grants the pardon, and the convict, who Unexpired punishment in the original sentence
accepts it Portion of 3. Condition extends to special laws
Original 4. Offender must be found guilty of subsequent
Sentence – if offense before he can be prosecuted under
penalty remitted Article 159
is higher than 6 5. Offender can be arrested and re-incarcerated
years without trial
6. The period when convict was at liberty, not
deducted in case he is recommitted
7. Duration of the conditions subsequent is
limited to the remaining period of the
sentence
160 Quasi-Recidivism Besides the 1. Second crime must be a felony; but the first
Commission 1. The offender was already convicted by final judgment of provisions of crime for which the offender is serving
of Another one offense Rule 5 Article 62, sentence need not be a felony (could be
Crime During 2. He committed a new felony before beginning to serve such Maximum of under a special law)
Service of sentence or while serving the same penalty 2. Quasi-Recidivism cannot be offset by
Penalty prescribed by ordinary mitigating circumstances
Imposed for Quasi-Recidivism Distinguished from Reiteracion – law for the new 3. A quasi-recidivist, who is not a habitual
Another reiteracion requires that the offender against who it is felony criminal, may be pardoned at the age of 70
Previous considered shall have served out his sentences for the prior years if he has already served out his
Offense offenses original sentence or when he shall complete
it after reaching said age
161 Acts Punished: RT 1. The offense is not falsification of public
Forging the 1. Forging the Great Seal of the Government of the document
Seal of the Philippines 2. The President has custody and use of the
Gov’t, 2. Forging the signature of the president Great Seal
Signature or 3. Forging the stamp of the president 3. The signature of the President must be
Stamp of the forged
Chief
Executive
162 1. That the Great Seal of the Republic was counterfeited or P Mayor The offender under this article should not be the
Using Forged the signature or stamp of the Chief Executive was forged forger.
Signature or by another person
Counterfeit 2. The offender knew of the counterfeiting or forgery
Seal or 3. He used the counterfeit seal or forged signature or stamp

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Stamp
163 1. There be false or counterfeited coins PM in minimum 1. A coin is false or counterfeited if it is forged
Making and 2. The offender either made, imported or uttered such coins and medium and or if it is not authorized by the government
Importing 3. That in case of uttering such false or counterfeited coins, a fine not to as legal tender, regardless of its intrinsic
and Uttering he connived with the counterfeiters or importers exceed P10,000 value
False Coins – silver coin of 2. Former coins withdrawn from circulation may
Coin – is a piece of metal stamped with certain marks and Philippines or be counterfeited under Article 163
made current at a certain value coin of CB 3. Kinds of coins the Counterfeiting of which is
PC in minimum Punished:
Counterfeiting – means the imitation of a legal or genuine and medium and a. Silver coin of the Philippines or coin of
coin; there must be an imitation of the peculiar design of a a fine not to the Central Bank of the Philippines
genuine coin exceed P2,000 – b. Coin of minor coinage of the Philippines
minor coinage of or of the Central Bank of the Philippines
Import – means to bring them into port the Philippines or c. Coin of the currency of a foreign country
CB
Utter – means to pass counterfeited coins; includes their PC in minimum
delivery or act of giving them away and a fine not to
exceed P1,000 –
currency of
foreign country
164 Acts Punished: PC in minimum 1. Mutilation – means to take off part of the
Mutilation of 1. Mutilating coins of the legal currency, with further and a fine not to metal either by filing it or substituting it for
Coins requirement that there be intent to damage or to defraud exceed P2,000 another metal of inferior quality; to diminish
another by ingenuous means the metal in the coin
2. Importing or uttering such mutilated coins, with the 2. The coin must be of legal tender in
further requirement that there must be connivance with mutilation
the mutilator or importer in case of uttering 3. Coins of foreign country not included
165 1. Possession of coin, counterfeited or mutilated by another Penalty lower byPossession of or uttering false coin does not require
Selling of person, with intent to utter the same, knowing that it is one degree thanthat the counterfeited coin is legal tender
False or false or mutilated that prescribed Constructive possession included
Mutilated a. Possession in said articles Possession of counterfeiter or importer not punished
Coins, b. With intent to utter as separate offense
Without c. Knowledge Accused must have knowledge of the fact that the
Connivance 2. Actually uttering such false or mutilated coins, knowing coin is false
the same to be false and mutilated Punishable even if the offender was not in
a. Actually uttering connivance with counterfeiter or mutilator
b. Knowledge
166 Acts Punishable: RT in minimum 1. Uttering forged bill must be with connivance
Forging 1. Forging or falsification of treasury or bank notes or other and fine not to to constitute a violation of Article 166
Treasury or documents payable to bearer exceed P10,000 2. Notes and other obligations and securities
Bank Notes 2. Importation of such false or forged obligations or notes – obligation or that may be forged or falsified under Article
or Other 3. Uttering of such false or forged obligations or notes in security of 166:
Documents connivance with the forgers or importers Philippines a. Treasury or bank notes,

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Payable to P Mayor in b. Certificates


Bearer Forging – committed by giving to a treasury or bank note or maximum period c. Other obligations and securities, payable
any instrument payable to bearer or to order the appearance and a fine not to to bearer
of a true and genuine document; to forge an instrument is to exceed P5,000 – 3. A bank note, certificate or obligation and
make false instrument intended to be passed for the genuine circulating note security is payable to bearer when it can be
one issued by any negotiated by mere delivery
banking 4. Penalties depend upon the kind of forged
Falsification – committed by erasing, substituting, association duly treasure or bank notes or other documents
counterfeiting, or altering by any means, the figures, letters, authorized by 5. Forgery is Committed: (Article 169)
words, or signs contained therein law a. By giving to a treasury or bank note or
P Mayor in any instrument payable to bearer or to
Importation – means to bring them into the Philippines, medium and a order mentioned therein, the appearance
which presupposes that the obligations or notes are forged or fine not to of a true and genuine document
falsified in a foreign country exceed P5,000 – b. By erasing, substituting, counterfeiting,
issued by foreign or altering by any means the figures,
Uttering – means offering obligations or notes knowing them gov’t letters, words, or sign contained therein
to be false or forged, whether such offer is accepted or not, P Mayor in
with a representation, by words or actions, that they are minimum and a
genuine and with an intent to defraud fine not to
exceed P2,000 –
Obligation or Security – all bonds, certificates of circulating note
indebtedness, national bank notes, coupons, treasury notes, or bill issued by
fractional notes, certificates of deposits, bills, checks, drafts foreign bank duly
for money, and other representatives of value under any act of authorized
Congress therefore
167 1. There be an instrument payable to order or other PC in medium 1. Application of this article is limited to
Counterfeitin document of credit not payable to bearer and maximum instruments payable to order
g 2. The offender either forged, imported or uttered such and a fine not to 2. It includes such instruments or document of
Instruments instrument exceed P6,000 credit issued by a foreign government or
Not Payable 3. In case of uttering, he connived with the forger or bank
to Bearer importer 3. Connivance is not required in uttering if the
utterer is the forger
168 1. That any treasury or bank not or certificate or other Penalty next 1. Intent to posses is not intent to use
Illegal obligation and security payable to bearer, or any lower in degree 2. Possession of false treasury or bank notes
Possession instrument payable to order or other document of credit than that alone is not a criminal offense
and use of not payable to bearer is forged or falsified by another prescribed in 3. Accused must have knowledge of forged
False person said articles character of the note
Treasury or 2. The offender knows that any of those instruments is 4. A person in possession of falsified document
Bank Notes forged or falsified and who makes use of the same is presumed
and Other 3. He performs any of these acts: to be material author of falsification
Instruments a. using any of such forged or falsified instruments 5. It is not an impossible crime when the act
of Credit b. possessing with intent to use any of such forged or performed would have been a crime of illegal
falsified instruments possession of false treasury notes

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170 1. That there be a bill, resolution or ordinance enacted or PC in maximum 1. Bill, resolution or ordinance must be genuine
Falsification approved or pending approval by either House of the and a fine not to 2. Offender is any person
of Legislative Legislature or any provincial board or municipal council exceed P6,000 3. The act of falsification in legislative
Documents 2. The offender alters the same document is limited to altering it which
3. He has no proper authority therefore changes its meaning
4. The alteration has changed the meaning of the document
171 1. Offender is a public officer, employee or notary public P Mayor and a 1. In falsification by making alteration or
Falsification 2. He takes advantage of his official position fine not to intercalation or including in a copy a
by Public a. He has duty to make or to prepare or otherwise exceed P5,000 – different statement, there must be a genuine
Officer, intervene in the preparation of the document; or first paragraph document that is falsified; in other
Employee, or b. He has the official custody of the document which he paragraphs, falsification may be committed
Notary or falsifies Same penalty – by simulating or fabricating a document
Ecclesiastical 3. That he falsifies a document by committing any of the ecclesiastical 2. Paragraph 1
Minister following acts: minister a. Counterfeiting – imitating any
a. counterfeiting or imitating (feigning) any handwriting, handwriting, signature or rubric
signature or rubric b. Feigning – simulating a signature,
i. that there be an intent to imitate, or an attempt to handwriting or rubric out of one which
imitate does not in fact exist
ii. that the 2 signatures or handwritings, the genuine 3. Paragraph 2 – when committed by a private
and the forged, bear some resemblance to each individual, Article 172 should apply
other 4. Paragraph 4
b. causing it to appear that persons have participated in a. There must be a narration of facts, not
any act or proceeding when they did not in fact so of conclusion of law
participate b. Legal Obligation – there is a law
i. the offender caused it to appear in a document requiring the disclosure of the truth of
that a person(s) participated in an act or the facts narrated
proceeding c. Person making the narration of facts
ii. That such person(s) did not in fact so participate must be aware of the falsity of the facts
in the act or proceeding narrated by him
c. Attributing to person who have participated in an act d. Perversion of truth must be made with
or proceeding statements other than those in fact the wrongful intent of injuring 3rd person
made by them e. Wrongful intent not essential when the
i. that a person(s) participated in an act or document falsified is a public document
proceeding f. Good faith is a defense
ii. that such person(s) made statements in that act g. Falsification by omission is punishable
or proceeding 5. Paragraph 5 – Date must be essential
iii. that the offender, in making the document, 6. Paragraph 7
attributed to such person(s) statements other than a. liability of private individual when there
those in fact made by such person(s) is conspiracy – same as public officer
d. Making untruthful statements in a narration of facts b. Intent to gain or prejudice not necessary
i. that the offender makes in a document statements
in a narration of facts
ii. that he has a legal obligation to disclose the truth

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of the facts narrated by him


iii. that the facts narrated by the offender are
absolutely false
e. Altering true dates
f. Making any alteration or intercalation in a genuine
document which changes its meaning
i. that there be an alteration (change) or
intercalation (insertion) on a document
ii. that it was made a genuine document
iii. that the alteration or intercalation has changed the
meaning of the document
iv. that the change made the document speak
something false
g. Issuing in authenticated form a document purporting
to be a copy of any original document when no such
original exists, or including in such copy a statement
contrary to, or different from that of the genuine
original
h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official book.
4. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or
document of such character that its falsification may affect
the civil status of persons
172 Acts Punished and Their Requisites: PC in medium Paragraph 1
Falsification and maximum 1. Four Kinds of Documents
by Private 1. Falsification of public, official or commercial document by a and a fine of not a. Public Document – created, executed or
Individuals private individual more than issued by a public official in response to
and use of a. that the offender is a private individual or a public P5,000 exigencies of public service, or in
Falsified officer or employee who did not take advantage of his execution of which a public official
Documents official position intervened
b. that he committed any of the acts of falsification b. Official Document – issued by a public
enumerated in Article 171 official in exercise of the functions of his
c. that the falsification was committed in a public or office
official or commercial document c. Private Documents – deed or instrument
executed by a private person without the
2. Falsification of private document by any person intervention of notary public or other
a. that the offender committed any of the acts of person legally authorized, by which
falsification, except those in paragraph 7, enumerated document some disposition or
in Article 171 agreement is proved, evidenced or set
b. that the falsification was committed in any private forth
document d. Commercial Documents – defined and
c. that the falsification caused damage to a third party or regulated by the Code of Commerce or

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at least the falsification was committed with intent to any other commercial law
cause such damage 2. Mere blank form of official document is not
in itself a document
3. Use of falsified document 3. Possessor of a certificate of tile is presumed
Introducing in Judicial Proceeding: to be the author of the falsification that
a. that the offender knew that a document was falsified made possible the transfer of title
by another person 4. Possessor of falsified document is presumed
b. that the false document is embraces in Article 171 or to be author of falsification
in any subdivision no 1 or 2 or Article 172 5. Good faith is a defense
c. that he introduced said document in evidence in any Paragraph 2
judicial proceeding 1. Mere falsification is not enough; requires:
a. he must have counterfeited the false
Use in Any Other Transaction: document
a. that the offender knew that a document was falsified b. he must have performed an independent
by another person act which operates to prejudice 3rd
b. that the false document is embraced in Article 171 or person
in any of subdivision no. 1 or 2 of Article 172 2. Damage need not be material
c. that he used such document (not in judicial 3. not necessary that offender profited or hope
proceedings) to profit by falsification
d. that the use of the false documents caused damage to 4. Falsification may be a necessary means to
another or at least it was used with intent to cause commit other crimes
such damage a. no complex crime of estafa thru
falsification of private document
b. no falsification thru reckless imprudence
if document is private and no actual
damage is caused
c. crime is falsification of public document,
even if falsification took place before the
private document becomes part of public
records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
1. Damage not necessary in crime of
introducing in judicial proceedings; Intent to
cause damage, at least, is required in use of
falsified document in proceeding not judicial
2. User deemed author of falsification if
a. the use was so closely connected in time
with falsification
b. the user had the capacity of falsifying
the document
173 Acts Punishable PC in medium 1. Private individual cannot be a principal by

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Falsification 1. Uttering fictitious wireless, telegraph or telephone and maximum – direct participation in falsification of
of Wireless, message falsification telegraphic dispatches
Cable, a. That the offender is an officer or employee of the Penalty next 2. Private individual may be held liable as
Telegraph government or of a private corporation, engaged in lower in degree – principal by inducement in falsification of
and the service of sending or receiving wireless, cable or use of such telegraph dispatches or telephone messages
Telephone telephone message falsified dispatch
Messages b. That the offender commits any of the following acts:
i. uttering fictitious wireless, cable, telegraph or
telephone message
ii. falsifying wireless, cable, telegraph or telephone
message
2. Falsifying wireless, telegraph or telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
person specified in the 1st paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the
prejudice of a 3rd party, or that the use thereof was
with intent to cause such prejudice
174 Persons Liable: A Mayor in 1. Certificate – any writing by which
Falsification 1. Physician or Surgeon – must refer to illness or injury of a Maximum to PC testimony is given that a fact has or has not
of Medical person; called “False Medical Certificate by a Physician” in minimum and taken place
Certificates, 2. Public Officer – includes merit,, service, good conduct or a fine not to 2. Falsification of certificate of large cattle is
Certificates similar circumstances; called “False Certificate of Merit or exceed P1,000 now covered by Article 171 or 172 and not
of Merit or Service by a Public Officer” 174
Service 3. Private Individual – “ False Medical Certificate by a Private A Mayor
Individual” or “False Certificate of Merit by a Private
Individual”
175 1. That the physician or surgeon had issued a false medical A Menor
Using False certificate, or a public officer had issued a false certificate
Certificates of merit or service, good conduce or similar circumstance,
or a private person had falsified any of said certificates
2. that the offender knew that the certificate was false
3. that he used the same
176 Acts Punished: PC in medium 1. Implements confiscated need not form a
Mnftg and 1. Making or introducing in to the Philippines any stamps, and maximum complete set
Possession of dies, marks or other instruments or implements for and a fine not to 2. Also punished constructive possession
Implements counterfeiting or falsification exceed P10,000
for 2. Possessing with intent to use the instruments or Penalty next
Falsification implements for counterfeiting or falsification made in or lower in degree
introduced into the Philippines by another person
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177 Two Ways of Committing the Crime: PC in minimum 1. There must be positive, express and explicit
Usurpation of 1. By knowingly and falsely representing oneself to be an and medium representation
Authority or officer, agent or representative of any department or periods 2. The offender should have represented
Official agency of the Philippine Government or any foreign himself to be an officer, agent or
Functions government representative of any department or agency
- In usurpation of authority, the mere act of knowingly of the government; or should have
and falsely representing oneself to be an officer, etc. performed an act pertaining to a person in
is sufficient; it is not necessary that he performs an authority or public officer
act pertaining to a public officer 3. False representation may be shown by acts
2. By performing any act pertaining to any person in 4. Article 177 may be violated by a public
authority or public officer of the Philippine Government or officer
of a foreign government or any agency thereof, under 5. Article 177 does not apply to occupant under
pretense of official position, and without being lawfully color of title
entitled to do so 6. Article 177 punishes usurpation of authority
- In usurpation of official functions, it is essential that or official functions of any officer of any
the offender should have performed an act pertaining foreign government
to a person in authority or public officer, in addition to 7. The act performed, without the offender
other requirements being lawfully entitled to do so, must pertain
to the government, or to any person in
authority, or to any public officer
178 Using Fictitious Name: A Mayor and a 1. If the purpose is for causing damage, it must
Using 1. The offender uses a name other than his real name fine not to be damage to public interest
Fictitious 2. He uses that fictitious name publicly exceed P500 – 2. Signing a fictitious name in an application for
Name and 3. The purpose of the offender is to conceal a crime, to evade use of fictitious passport is publicly using such fictitious
Concealing the execution of a judgment, or to cause damage to public name name
True Name interest 3. Where a person takes the place of another
Concealing True Name: A Menor and a who has been convicted by final judgment,
1. That the offender conceals his true name and all other fine not to he is guilty of using a fictitious name
circumstances exceed P200 – punishable under this Article
2. That the purpose is only to conceal his identity conceal true 4. Fictitious Name – any other name which a
name person publicly applies to himself without
Distinction Between Use of Fictitious Name and Concealing authority of law
True Name: 5. Com Act No. 142 regulates the use of aliases
1. In use, the element of publicity must be present; in
concealing true name, that element is not necessary
2. The purpose of use of fictitious name is any of those 3
enumerated; in concealing true name, it is merely to
conceal identity
179 1. That the offender makes use of insignia, uniform or dress A Mayor 1. Wearing the uniform of an imaginary office is
Illegal Use of 2. That the insignia, uniform or dress pertains to an office not punishable
Uniforms or not held by the offender or to a class of persons of which 2. An exact imitation of a uniform or dress is
Insignia he is not a member unnecessary

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3. That said insignia, uniform or dress is used publicly and


improperly
180 1. That there be a criminal proceeding RT if the 1. Penalty for false testimony against the
False 2. That the offender testifies falsely under oath against the defendant shall defendant in a criminal case depends upon
Testimony defendant therein have been the sentence imposed on the person against
Against a 3. That the offender who gives false testimony knows that it sentenced to whom the false testimony was given
Defendant is false death 2. Defendant must be sentenced at least to a
4. that the defendant against whom the false testimony is PM if defendant correctional penalty, or a fine, or must be
given is either acquitted or convicted in a final judgment shall have been acquitted
sentenced to RT 3. Witness who gave false testimony is liable
False Testimony – committed by a person who, being under or Perpetua even if his testimony was not considered by
oath and required to testify as to the truth of a certain matter A Mayor if the court
at a hearing before a competent authority, shall deny the truth defendant shall 4. The law intends to punish the mere giving of
or say something contrary to it have been false testimony
sentenced to
Nature of Crime of False Testimony – particularly odious correctional
when committed in judicial proceedings, as it constitutes an penalty or a fine,
imposition upon the court and seriously exposes it to a or shall have
miscarriage of justice been acquitted

181 Nature of the Crime – False testimony favorable to the A Mayor in max 1. False testimony by negative statement is in
False defendant is equally repugnant to the orderly administration of to PC in favor of defendant
Testimony justice minimum and a 2. The false testimony favorable to the
Favorable to fine not to defendant need not benefit the defendant
Defendant False testimony is punished because of its tendency to favor or exceed P1,000 – 3. Rectification made spontaneously after
to prejudice the defendant if prosecution is realizing the mistake is not false testimony
for a felony
punishable by an
afflictive penalty
A Mayor – in any
other case
182 1. That the testimony must be given in a civil case PC in minimum 1. The testimony given in civil case must be
False 2. That the testimony must relate to the issues presented in and a fine not to false
Testimony in said case exceed P6,000 2. Article 182 is not applicable when the false
Civil Cases 3. That the testimony must be false testimony is given in special proceedings
4. That the false testimony must be given by the defendant A Mayor in max 3. Penalty depends on amount of the
knowing the same to be false to PC in controversy
5. That the testimony must be malicious and given with an minimum and a. PC in minimum and a fine not to exceed
intent to affect the issues presented in said case fine not to P6,000 – if amount in controversy shall
exceed P1,000 exceed P5,000
b. A Mayor in max to PC in minimum and
fine not to exceed P1,000 – if amount in
controversy shall not exceed said

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amount or cannot be estimated


183 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of
False a. By falsely testifying under oath; and maximum to PC materiality
Testimony in b. By making a false Affidavit in minimum 2. Distinguish:
Other Cases 2. Elements of Perjury a. Material – when it is directed to prove a
and Perjury a. That the accused made a statement under oath or fact in issue
in Solemn executed an affidavit upon a material matter b. Relevant – when it tends in any
Affirmation b. That the statement or affidavit was made before a reasonable degree to establish the
competent officer, authorized to receive and probability or improbability of a fact in
administer oath issue
c. That in the statement or affidavit, the accused made a c. Pertinent – when it concerns collateral
willful and deliberate assertion of a falsehood; and matters which make more or less
d. That the sworn statement or affidavit containing the probable the proposition at issue
falsity is required by law 3. If the false testimony given by the witness Is
not important, essential or material to the
Oath – any form of attestation by which a person signifies principal matter under investigation, it
that he is bound in conscience to perform an act faithfully and cannot properly be held that perjury is
truthfully committed
Affidavit – sworn statement in writing; a declaration in writing, 4. No perjury if defendant subscribed and
made upon oath before an authorized magistrate or officer swore before a clerk in treasurer’s office
since clerk in not a competent person
Material Matter – it is the main fact which is the subject of authorized to administer oaths
the inquiry or any circumstance which tends to prove that fact, 5. The assertion of falsehood must be willful
or any fact or circumstance which tends to corroborate or and deliberate
strengthen the testimony relative to the subject of inquiry, or 6. Good faith or lack of malice is a defense in
which legitimately affects the credit of any witness who perjury
testifies 7. Even if there is no law, requiring the
statement to be made under oath, as long as
Competent Person Authorized to Administer Oath – a it is made for a legal purpose, it is sufficient
person who has a right to inquire into the questions presented 8. Two contradictory sworn statements are not
him upon matters under his jurisdiction sufficient to convict of perjury
9. Subornation of Perjury – committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty
184 1. That the offender offered in evidence a false witness or Respective 1. Even if there was conspiracy between false
Offering false testimony penalties witness and party who presented him, the
False 2. That he knew the witness or the testimony was false provided in this witness having desisted before he could
Testimony in 3. That the offer was made in a judicial or official proceeding section testify on any material matter, he is NOT
Evidence liable, because desistance during the
Offer of Evidence begins the moment a witness is called to attempted stage of execution is an
the witness stand and interrogated by counsel absolutory cause which exempts him from

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criminal liability
2. Article 184 applies when the offender does
not induce a witness to testify falsely
185 1. By soliciting any gift or promise as a consideration for PC in minimum 1. Crime is consummated by mere solicitation
Machinations, refraining from taking part in any public auction period and a fine 2. “Other artifice” includes the use of trickery
Monopolies, a. That there be a public auction ranging from 3. An attempt to cause prospective bidders to
and b. That the accused solicited any gift or promise from 10% to 50% of stay away from an auction by means of
Combinations any of the bidders the value of the threats, gifts, etc, with the intent that the
c. That such gift or promise was the consideration for his thing auctioned thing auctioned should command a lesser
refraining from taking part in that public auction price, is sufficient to constitute an offense
d. That the accused had the intent to cause the reduction 4. The threat need not be effective nor the
of the price of the thing auctioned offer or gift accepted for the crime to arise
2. By attempting to cause bidders to stay away from an 5. Reason for the Provision: execution sales
auction by threats, gifts, promises or any other artifice should be opened to free and full
a. That there be a public auction competition in order to secure the maximum
b. That the accused attempted to cause the bidders to benefit for the debtors
stay away from the public auction
c. That is was done by threats, gifts, promises or any
other artifice
d. That the accused had the intent to cause the reduction
of the price of the thing auctioned
186 Acts Punished as Monopolies: PC in minimum 1. The theory in penalizing monopolies and
Monopolies 1. Combination to prevent free competition in the market or a fine ranging combinations in restraint of trade is that
and - by entering into any contract or agreement or taking from P200 to competition, not combination, should be the
Combinations part in any conspiracy or combination in the form of a P6,000, or both law of trade
in Restraint trust or otherwise, in restraint of trade or commerce 2. Any property possessed under any contract
of Trade or to prevent by artificial means free competition in or combination contemplated in this article,
the market shall be forfeited to the Government
2. Monopoly to restrain free competition in the market 3. The law intends to punish the mere
- by monopolizing any merchandise or object of trade or conspiracy or combination at which it is
commerce, or by combining with any other person(s) aimed
to monopolize said merchandise or object in order to 4. If the offense affects any food substance,
alter the prices thereof by spreading false rumors or motor fuel or lubricants or other article of
making use of any other artifice to restrain free prime necessity, it is sufficient for the
competition in the market imposition of the higher penalty that the
3. Manufacturer, producer, or processor or importer initial steps have been taken toward carrying
combining, conspiring or agreeing with any person to out the purposes of combination
make transactions prejudicial to lawful commerce or to 5. When the offense is committed by a
increase the market price of merchandise corporation or association, the president and
a. Person Liable – manufacturer, producer, processor, or directors or managers are liable as principals
importer of any merchandise or object of commerce thereof; But the president and directors or
b. Crime Committed by – combining, conspiring, or managers are only liable if they:
agreeing with any person a. knowingly permitted, or

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c. Purpose – to make transactions prejudicial to lawful b. failed to prevent the commission of such
commerce, or to increase the market price of any offense
merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines
187 1. That the offender imports, sells, or disposes of any of PC or a fine 1. Articles of merchandise involved: gold, silver,
Importation those articles or merchandise ranging from other precious metals, or their alloys.
and 2. The stamps, brands, or marks of those articles of P200 to P1,000 2. Selling the misbranded articles is not
Disposition of merchandise fail to indicate the actual fineness or quality necessary
Falsely of said metals or alloys 3. Article 187 does not apply to manufacturer
Marked 3. The offender knows that stamps, brands, or marks fail to of misbranded articles made of gold, silver,
Articles indicate the actual fineness or quality of the metals or etc.
alloys
188 Acts Punishable: PC in minimum 1. The trade name, etc. used by the offender
Substituting 1. By substituting the trade name or trademark of some or a fine ranging need not be identical with the infringed trade
and Altering other manufacturer or dealer, or a colorable imitation from P500 to name, etc of the offended party; a colorable
Trademarks, thereof, for the trade name or trademark of the real P2,000 or both imitation is sufficient
Trade manufacturer or dealer upon any article of commerce and 2. There must not be differences which are
names, or selling the same glaring and striking to the eye
Service 2. By selling or by offering for sale such articles of 3. Mark – any visible sign capable of
marks commerce, knowing that the trade name or trademark has distinguishing the foods (trademark) or
been fraudulently used service (service mark) of an enterprise and
3. By using or substituting the service mark or some other shall include a stamped or marked container
person, or a colorable imitation of such mark, in the sale 4. The trademark’s function is to indicate the
or advertising of his services origin or ownership of the goods to which it
4. By printing, lithographing, or reproducing trade name, is fixed
trademark, or service mark of one person, or a colorable 5. The objects of trademark are to point out
imitation thereof, to enable another person to fraudulently distinctly the origin or ownership of the
use the same, knowing the fraudulent purpose for which it article to which it is affixed, to secure to
is to be used him, who has been instrumental in brining
into market a superior article of
Trade Name – name or designation identifying or merchandise, the fruit of his industry and
distinguishing an enterprise skill, and to prevent fraud and imposition
6. It is not necessary that the goods of the
Trade Name Distinguished from Trademark prior user and the late user of the trademark
1. Trade name is used in trade to designate a particular are of the same categories
business of certain individuals considered as an entity; 7. The trade name or trademark must be
trademark is used to indicate the origin or ownership of registered
the goods to which it is affixed 8. Trademark must not be merely descriptive or
2. Trade name, unlike trademarks, are not necessarily generic
attached or affixed to the goods of the owner 9. The exclusive right to an originally valid
trademark or trade name is lost, if for some
reason it loses its distinctiveness or has
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become “publici juris”


189 Acts Punished: Penalty provided 1. Mere offer for sale completes the
Unfair 1. By selling his goods, giving them the general appearance for in the next commission of the crime
Competition, of the goods of another manufacturer or dealer (Unfair preceding article 2. Evidence of actual fraudulent intent is not
Fraudulent Competition) necessary
Registration a. That the offender gives his goods the general 3. The basis for penalizing unfair competition is
of Trade appearance of the goods of another manufacturer or that no one shall, by imitating or any unfair
Name, dealer device, induce the public to believe that the
trademark, or b. That the general appearance is shown in the (a) goods goods he offers for sale are the goods of
service mark, themselves, or in the (b) wrapping of their packages, another, and thereby appropriate to himself
Fraudulent or in the (c) device or words therein, or (d) any other the value of the reputation which the other
designation feature of their appearance has acquired for the products or
of Origin, and c. That the offender offers to sell(s) those goods or gives merchandise manufactured or sold by him
False other persons a chance or opportunity to do the same 4. The true test of unfair competition is
Description with a like purpose whether certain goods have clothed with an
d. That there is actual intent to deceive public or defraud appearance which is likely to deceive
a competitor ordinary purchaser exercising ordinary care,
2. By (a) affixing to his goods or using in connection with his and not whether a certain limited class of
services a false designation of origin, or any false purchaser with special knowledge not
description or representation, and (b) by selling such possessed by the ordinary purchaser could
goods and services avoid mistake by the exercise of this special
3. By procuring fraudulently from the patent office the knowledge
registration of trade name, trademark, or service mark 5. Master is liable for acts of servant
6. Infringement of Trademark or Tradename
Smuggling or Illegal Importation: distinguished from Unfair Competition
- requisites: a. UC is broader and more inclusive
1. that the merchandise must have been fraudulently or b. In UC, the offended party has identified
knowingly imported contrary to law in the mind of the public the goods he
2. that the defendant, if he is not the importer himself, must manufactures or deals in from those of
have received, concealed, bought, sold or in any manner others; while in infringement, the
facilitated the transportation, concealment or sale of the offended party has identified a peculiar
merchandise symbol/mark with his goods and thereby
3. that the defendant must be shown to have knowledge that has acquired a property right in such
the merchandise had been illegally imported symbol/mark
c. In UC, the offender gives his goods the
general appearance of the goods of
another manufacturer / dealer and sells
the same; while in infringement, the
offender uses the trademark or
tradename of another manufacturer or
dealer and sells his goods on which the
trademark is affixed
7. The use of duly stamped or marked

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containers is regulated
190 – 194 Repealed by Dangerous Drugs Act of 1972
195 – 199 Amended by PD 1602 Prescribing Stiffer Penalties in Illegal
Gambling
196 Acts Punished: A Mayor in 1. The possession of any lottery ticket or
Importation, 1. By importing into the Philippines from any foreign place or maximum to PC advertisement is prima facie evidence of an
sale and port any lottery ticket or advertisement in minimum or a intent to sell, distribute or use of the same
Possession of 2. By selling or distributing the name in connivance with the fine ranging from 2. If the defendant can establish that he did not
Lottery importer P200 to P2,000, know of the existence of the lottery ticket,
Tickets or 3. By possessing, knowingly and with intent to use, lottery or both – the presumption is destroyed
Ads tickets or advertisements importation or 3. It is not necessary that the lottery tickets be
4. By selling or distributing the same without connivance with selling and genuine, as it is enough that they be given
the importer distributing the appearance of lottery tickets
A Menor or fine 4. If the lottery tickets are counterfeit, they
not exceeding cannot give rise to the evil sought to be
P2,000 or both – eradicated
possessing
197 Repealed by PD 483 Betting, Game-Fixing or Point-Shaving
and Machinations in Sport Contests
198 Acts Punishable: A Menor or fine 1. Totalizer – machine for registering and
Illegal 1. By betting on horse races during the periods NOT allowed not exceeding indicating the number and nature of bets
Betting on by law P200, or both made on horse races
Horse Races 2. Horse Races Prohibited on:
4. By maintaining or employing a totalizer or other device or A Mayor or a fine a. July 4th of every year
scheme for betting on races or realizing profit therefrom, from P200 to b. December 30th of every year
during the periods not allowed by law P2,000, or both
c. Any registration or voting days
d. Holy Thursday and Good Friday
2. The race held on the same day and at the
same place is punishable as separate
offenses
3. There is no liability if there is no betting or
use of totalizer
199 Amended by PD 449 Cockfighting Law of 1974 A Menor or a fine 1. Permitting gambling of any kind in cockpit is
Illegal Persons Liable: not exceeding punished under the same Decree
Cockfighting 1. Any person who directly or indirectly participates in P200 or both 2. Spectators in a cockfight are not liable
cockfighting, by betting money or other valuable things, or
who organizes cockfights at which bets are made, on a
day other than those permitted by law
2. Any person who directly or indirectly participates in
cockfights, by betting money or other valuable things, or
organizes such cockfights, at a place other than a licensed
cockpit

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200 1. That the offender performs an act(s) A Mayor and 1. Decency – propriety of conduct; proper
Grave 2. That such act(s) be highly scandalous as offending against Public Censure observance of the requirements of modesty,
Scandal decency or good customs good taste, etc.
3. That the highly scandalous conduct is not expressly falling 2. Customs – established usage, social
within any other article of this Code conventions carried on by tradition and
4. That the act or acts complained of be committed in a enforced by social disapproval of any
public place or within the public knowledge or view violation thereof
Grave Scandal – consists of acts which are offensive to 3. If the act(s) of the offender are punished
decency and good customs which, having been committed under another article of this code, Article
publicly, have given rise to public scandal to persons who have 200 is not applicable
accidentally witnessed the same 4. The acts must be performed in a public place
or within the public knowledge or view
201 Publicity is essential PM or a fine 1. The author of obscene literature is liable only
Immoral ranging from when it is published with his knowledge
Doctrines, Moral – conformity with the generally accepted standards of P6,000 to 2. In every case, the editor publishing is liable
Obscene goodness or rightness in conduct or character P12,000 or both 3. The test of obscenity is whether the
Publications Obscene – something offensive to chastity, decency, delicacy tendency of the matter charged as obscene
and is to deprave or corrupt those minds are
Exhibitions, Those Liable: open to such immoral influences, an d into
and Indecent 1. Those who shall publicly expound or proclaim doctrines who shads such a publication may fall and
Shows openly contrary to public morals also whether or not such publication or act
2. Authors of obscene literature, published with their shocks the ordinary and common sense of
knowledge in any form, the editors publishing such men as an indecency
literature; and the owners/operators of the establishment 4. Mere nudity in pictures or paintings is not an
selling the same obscenity
3. Thos who, in theaters, fairs, cinematographs, etc., exhibit 5. “Give Away” should be read as “distribute”
indecent or immoral plays, scenes, acts, etc. it being 6. Pictures with slight degree of obscenity not
understood that the obscene literature or indecent or used for art’s sake but for commercial
immoral lays, etc. whether in live or in file, which are purposes, fall under this Article
proscribed by virtue hereof 7. The object of the law is to protect the morals
4. Those who shall sell, give away, or exhibit films, prints, of the public
engravings, sculptors, etc. which are offensive to morals 8. Disposition of articles – to be forfeited in
favor of the government
202 Vagrants: A Menor or a fine 1. Only par. 1 and 2 requires absence of visible
Vagrants and 1. Any person having no apparent means of subsistence, who not exceeding means of support
Prostitutes has physical ability to work and who neglects to apply P200 2. Mendicancy and abetting mendicancy are
himself to some lawful calling punished
2. Any person found loitering about public or semi-public In case of 3. Giving of alms thru organized agencies
buildings or places, or tramping or wandering about the recidivism, A operation under the rules and regulations of
country or the streets without visible means of support Mayor in medium the Ministry of Public Information is not a
3. Any idle or dissolute person who lodges in houses of ill- to PC in violation of the Mendicancy Law
fame; ruffians or pimps and those who habitually minimum or a 4. Dissolute – lax, unrestrained, immoral
associate with prostitutes fine from P200 to 5. Ruffians – brutal, violent, lawless persons

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4. Any person who, not being included in the provision of P2,000 or both 6. Pimp – one who provides gratification for the
other articles of this Code, shall be found loitering in any lust of others
inhabited or uninhabited place belonging to another 7. Sexual intercourse is not absolutely
without any lawful or justifiable purpose necessary
Prostitute – a woman who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct

203 1. Taking part in the performance of public functions in the 1. The term “public officers” embraces every
Who are Government, or performing in said Government or in any public servant from the highest to the
Public of its branches public duties as an employee, agent or lowest
Officers subordinate official, of any rank or class; and 2. Temporary performance of public functions
2. That his authority to take part in the performance of public by a laborer makes him a public officer
functions or to perform public duties must be:
a. by direct provision of the law, or
b. by popular election
c. by appointment by competent authority
204 1. That the offender is a judge; PM and Perpetual 1. Judgment – final consideration and
Knowingly 2. That he renders a judgment in a case submitted to him Absolute determination of a court of competent
Rendering for decision Disqualification jurisdiction upon the matters submitted to it,
Unjust 3. That the judgment is unjust (PAD) in an action or proceeding
Judgment 4. That the judge knows that his judgment is unjust 2. Unjust Judgment – one which is contrary to
law, or is not supported by the evidence, or
Misfeasance both
- improper performance of some act which might 3. An unjust judgment is rendered knowingly,
lawfully be done when it is made deliberately and maliciously
4. Sources of Unjust Judgment:
Malfeasance a. Error – no liability for error in good faith
- performance of an act which ought NOT to be done b. Ill-will or Revenge
c. Bribery
Nonfeasance 5. There must be evidence that the judgment is
- omission of some act which ought to be performed unjust – it cannot be presumed
6. Judgment must be contrary to law and not
supported by evidence

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7. There must be evidence that the judge knew


that his judgment is unjust

205 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so
Rendering 2. that he renders a judgment in a case submitted to him for Temporary manifestly contrary to law, that even a
Judgment decision Special person having a meager knowledge of the
Thru 3. That he judgment is manifestly unjust Disqualification law cannot doubt the injustice
Negligence 4. That it is due to his inexcusable negligence or ignorance (TSD) 2. Abuse of discretion or mere error of
judgment, where there is not proof or even
allegation of bad faith, or ill motive, is not
punishable
206 1. That the offender is a judge; A Mayor in 1. Interlocutory Order – issued by court
Rendering 2. That he performs any of the following acts: minimum and between commencement and end of a suit or
Unjust a. knowingly renders unjust interlocutory order or Suspension action and which decides some point/matter
Interlocutory decree; or but which, however, is not a final decision of
Order b. renders a manifestly unjust interlocutory order or Suspension matter in issue
decree thru inexcusable negligence or ignorance 2. Test in Determining: “Does it leave
something to be done in the trial court with
respect to the merits of the case?”
a. if it does – it is interlocutory
b. if it doesn’t – it is final
207 1. That the offender is a judge PC in minimum 1. Mere delay without is not a felony under this
Malicious 2. That there is a proceeding in his court article
Delay in the 3. That he delays the administration of justice 2. Delay is Malicious – the delay is cause by the
Admin of 4. That the delay is malicious judge with deliberate intent to inflict damage
Justice on either party in the case
208 Acts Punishable: PC in minimum 1. Negligence – under this article is not merely
Dereliction of 1. By maliciously refraining from institution prosecution period and lack of foresight or skill, but neglect of duties
Duty in against violators of the law suspension of office by maliciously failing to move the
Prosecution 2. By maliciously tolerating the commission of offenses prosecution and punishment of the
of Offenses delinquent
Elements: 2. Malice is an important element
1. That the offender is a public officer or officer of the law 3. “Officers of the Law” includes all those of the
who has a duty to cause the prosecution of, or to prosecution who, by reasons of the position
prosecute, offenses held by them, are duty-bound to cause the
2. That there is dereliction of the duties of his office; that is, prosecution (includes Chief of Police and
knowing the commission of the crime, he does not cause barrio lieutenant)
the prosecution of the criminal or knowing that a crime is 4. “Maliciously” signifies deliberate intent
about to be committed, he tolerates its commission 5. Crime committed by the law-violator must
be proved first before the person charged
with dereliction can be made liable
6. RPC not applicable to revenue officers

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209 Acts Punished: In addition to 1. Under first act, there must be DAMAGE to
Betrayal of 1. By causing damage to his client, either (a) by any proper his client
Trust by an malicious breach of professional duty, (b) by inexcusable administrative 2. Under 2nd act, damage is NOT necessary
Attorney or negligence or ignorance action, PC in
3. Under 3rd act, if the client consents to the
Solicitor 2. By revealing any of the secrets of his client learned by him minimum or a
attorney’s taking the defense of the other
in his professional capacity fine ranging
party, there is no crime
3. By undertaking the defense of the opposing party in the P200 – P1,000
same case, without the consent of his first client, after 4. Procurador Judicial – a person who had some
having undertaken the defense of said first client or after practical knowledge of law and procedure,
having received confidential information from said client but not a lawyer, and was permitted to
represent a party in a case before an inferior
court
210 Acts Punishable in Direct Bribery: PM in medium First Element:
Direct 1. By agreeing to perform, or by performing, in consideration and maximum 3. Temporary performance of public functions is
Bribery of any offer, promise, gift or present – and act constituting and fine of not sufficient to constitute a person a public
a crime, in connection with the performance of his official less than value officer
duties of gift and not 4. It is believed that it does not cover a private
less than 3x individual because the additional penalty of
2. By accepting a gift in consideration of the execution of an value of gift, in STD has no practical application
act which does not constitute a crime, in connection with addition to the
the performance of his official duty penalty
corresponding to Second Element:
3. By agreeing to refrain, or by refraining, from doing crime agreed 1. Gift may be received by public officer himself
something which is his official duty to do, in consideration upon and Special or thru a 3rd person
of gift or promise Temporary 2. Bribery exists:
Disqualification a. when the gift is offered voluntarily by a
Elements: (STD) – if the private person
1. That the offender be a public officer within scope of Article same crime b. when the gift is solicited by a public
203 should have officer and the private person voluntarily
2. That the offender accepts an offer or a promise or receives been committed delivers it to the public officer
a gift or present by himself or thru another and if the act c. when the gift is solicited by a public
3. That such offer or promise be accepted, or gift or present does not officer, as the consideration for his
received by the public officer: constitute a refraining from the performance of an
a. with a view to committing some crime; or crime and officer official duty and the private person
b. in consideration of the execution of an act which does executed the act
not constitute a crime, but the act must be unjust
3. A promise of gift to a public officer who
accepts such promise is sufficient under 1 st
c. to refrain from doing something which it is his official
paragraph
duty to do PC in medium
4. That the act which the offender agrees to perform or and fine of not 4. In 2nd paragraph, the gift must be ACCEPTED
which he executes be connected with the performance of less than 2x 5. If the offer is not accepted, only the person
his official duties value of gift and offering the gift is criminally liable
STD – if act shall 6. The gift must have a value or be capable of
Prevaricacion (Art. 208) Distinguished from Bribery: not have been pecuniary estimation
1. Both are committed by refraining doing something which accomplished
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pertains to the official duty of the officer Third Element:


2. In bribery, the offender refrained from doing his official 1. The act which the public officer agrees to
duty in consideration of a gift received or promised; while perform must be connected with the
in crime of prevaricacion this element is NOT necessary performance of official duties
2. It is not bribery if the act is in discharge of a
mere moral duty
3. The fact that the act agreed to be performed
is in excess of his power, jurisdiction, or
authority is no defense, EXCEPT: if act is so
foreign to duties of office as to lack even
color of authority
4. In bribery, the gift or present must be given
to the public officer to corrupt him
211 1. That the offender is a public officer A Mayor, 1. The gift is usually given to the public officer
Indirect 2. That he accepts gifts suspension in in anticipation of future favor from the public
Bribery 3. That the said gifts are offered to him by reason of his minimum and officer
office medium and 2. There must be a clear intention on the part
public censure of the public officer to take the gift so
Direct Bribery Distinguished from Indirect Bribery: offered and consider the same as his own
1. In both, the public officer receives a gift No attempted or property
2. In direct bribery, there is an agreement between the frustrated 3. Mere physical receipt unaccompanied by any
public officer and the giver; in indirect bribery, usually, no indirect bribery other sign, circumstance or act to show such
such agreement exists acceptance is NOT sufficient to lead the court
3. In direct bribery, the offender agrees to perform or to conclude that the crime of indirect bribery
performs an act or refrains from doing something, because has been committed
of the gift or promise; in indirect bribery, in is NOT 4. People vs. Pamplona (pg. 361) – considered
necessary that the officer should do any particular act or indirect bribery even if there was a sort of
even promise to do any act, as it is enough that he agreement between public officer and giver;
accepts gifts offered to him by reason of his office reason: the act executed by the accused
was NOT unjust, therefore it cannot be direct
bribery
211-A 1. That the offender is a public officer or entrusted with law Penalty for
Qualified enforcement offense which
Bribery 2. That the offender refrains from arresting or prosecuting an was not
offender who has committed a crime punishable by RP prosecuted –
and/or death first paragraph
3. That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or Penalty of death
present – if it is the
public officer
who asks or
demands such
gift or present

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212 1. That the offender offers or promises or gives gifts or Same penalties 1. Offender in this article is the giver or offeror
Corruption of presents to a public officer imposed upon 2. The public officer sought to be bribed, is not
Public 2. That the offers or promises are made or the gifts or officer corrupted criminally liable, unless he accepts the gift or
Officials presents given to a public officer, under circumstances that except consents
will make the public officer liable for direct bribery or disqualification 3. Bribery is usually proved by evidence
indirect bribery and suspension acquired in entrapment
213 Acts Punishable as Frauds Against Public Treasury: PC medium to 1. Public officer must act in his official capacity
Frauds 1. By entering into any agreement with any interested party PM minimum, or – the public officer must have the duty to
Against the or speculator or making use of any other scheme, to a fine ranging deal with any person with regard to
Public defraud the government, in dealing with any person with from P200 to furnishing supplies, etc.
Treasury and regard to furnishing supplies, the making of contracts, or P10,000, or both 2. The crime of frauds against public treasury is
Similar the adjustment or settlement of accounts relating to consummated by merely entering into an
Offenses property or funds. Provisions of agreement with any interested party or
2. By demanding, directly or indirectly, the payment of sums Administrative speculator or by merely making use of any
different form or larger than those authorized y law, in the Code – when other scheme to defraud the government
collection of taxes, licenses, fees, and other imposts. culprit is an 3. It is not necessary that the government is
3. By failing voluntarily to issue a receipt, as provided by law, officer or actually defrauded by reason of the
for any sum of money collected by him officially, in the employee of BIR transaction.
collection of taxes, licenses, fees, and other imposts or BOC 4. It is sufficient that the government is
4. By collecting or receiving, directly or indirectly, by way of actually defrauded by reason of the
payment or otherwise, things or objects of a nature transaction.
different from that provided by law, in the collection of 5. Mere demand for larger or different amount
taxes, licenses, fees, and other imposts is sufficient to consummate the crime
6. Collecting officer must issue official receipts
Elements of Frauds against Public Treasury: to be guilty of illegal exactions
1. That the offender be public officer 7. When there is DECEIT in demanding greater
2. That he should have taken advantage of his office, that is, fees than those prescribed by law, the crime
he intervened in the transaction in his official capacity committed is estafa and not illegal exaction.
3. That he entered into an agreement with any interested 8. Tax collector need not account for tax
party or speculator or made use of any other scheme with collected
regard to furnishing supplies, the making of contracts, or 9. If a tax collector collected a sum larger than
the adjustment or settlement of accounts relating to public that authorized by law and spent all of them
property or funds is guilty of 2 crimes;
4. That the accused had intent to defraud the government a. Illegal exaction, for demanding a greater
amount
Elements of Illegal Exaction: b. Malversation, for misappropriating the
1. The offender is a public officer entrusted with the amount extracted
collection of taxes, licenses, fees and other imposts 10. Officer or employee of BIR or BOC not
2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as covered by this article
Frauds Against Public Treasury)
214 Elements of the Crime: In addition to the 1. The public officer must take advantage of his
Other Frauds 1. That the offender is a public officer penalties official position
2. That he takes advantage of his official position prescribed in the 2. Frauds and Deceits Enumerated in Chapter

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3. That he commits any of the frauds or deceits enumerated provisions of 6, Title 10, Book 2 of this Code:
in Articles 315 to 318 Chapter 6, Title a. Estafa
10, Book 2 of b. Other Forms of Swindling
this Code, the c. Swindling a Minor
penalty of TSD in d. Other Deceits
maximum to PSD 3. The RTC, and not the MTC, has jurisdiction
when this article is involved, regardless of
amount or penalty involved because the MTC
has not jurisdiction to impose the penalty of
disqualification
215 1. That the offender is an appointive public officer PC minimum or a 1. The transaction must be one of exchange or
Prohibited 2. That he becomes interested, directly or indirectly, in any fine ranging from speculation
Transactions transaction of exchange or speculation P200 to P1,000, 2. It is sufficient that the appointive officer has
3. That the transaction takes place within the territory or both an interest in any transaction of exchange or
subject to his jurisdiction speculation
4. That he becomes interested in the transaction during his 3. Purchasing of stocks or shares in a company
incumbency is simply an investment and is not a violation
of the article
Example of Appointive Public Officer: 4. Buying regularly securities for resale is
- justices, judges or fiscals, employees engaged in the speculation
collection and administration of public funds 5. Appointive officer should not devote himself
to commerce
216 People Liable for Possession of Prohibited Interest: A Mayor medium 1. Actual fraud is not necessary
Possession of 1. Public officer who, directly or indirectly, became interested period to PC 2. Intervention must be by virtue of public
Prohibited in any contract or business in which it was his official duty minimum period, office held
Interest by a to intervene. or a fine ranging 3. An officer who intervenes in contract or
Public Officer 2. Experts, arbitrators, and private accountants who, in like from P200 to transaction which has no connection with his
manner, took part in any contract or transaction connected P1,000, or both office CANNOT commit the crime defined in
with the estate or property in the appraisal, distribution or Article 218
adjudication of which they had acted
3. Guardians and executors with respect to the property
belonging to their wards or estate
217 Embezzlement – also called malversation PC in medium 1. The offender in malversation under this
Malversation and maximum – article must be a public officer defined in
of Public Acts Punishable in Malversation: if amount does Article 203
Funds or 1. By appropriating public funds or property not exceed P200 2. Nature of the duties of the public officer, not
Property – - includes every attempt to dispose of the same without name of office, is controlling
Presumption right PM minimum and 3. Funds or property must be received in
of 2. By taking or misappropriating the same medium – if official capacity
Malversation - the funds or property taken need not be amount is more 4. When a public officer had no authority to
misappropriated for it to be consummated than P200 by not receive the money for the government and
3. By consenting, or thru abandonment or negligence, exceeding upon receipt if the same he misappropriated
permitting any other person to take such public funds or P6,000 it, the crime committed is estafa

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property 5. A public officer having only a qualified


- negligence must be positive and clearly shown to be PM maximum to charge of government property without
inexcusable, approximating malice or fraud RT minimum, if authority to part with physical possession of
4. By being otherwise guilty of the misappropriation or amount more it unless upon order from his immediate
malversation of such funds or property than P6,000 but superior, cannot be held liable for
less than malversation (Webster and Wickersham
Elements Common to All Acts of Malversation: P12,000 rulings)
1. That the offender be a public officer 6. Webster and Wickersham cases not
2. That he had the custody or control of funds or property by RT medium and applicable when the accused had authority to
reason of the duties of his office maximum, if receive money pertaining to the government
3. That those funds or property were public funds or property amount more 7. A private person conspiring with an
for which he was accountable than P12,000 but accountable public officer in committing
4. That he appropriated, took, misappropriated or consented less than malversation is also guilty of malversation
or, thru abandonment or negligence, permitted another P22,000 8. Government funds include revenue funds
person to take them and trust funds
RT maximum to 9. Private property may be involved in
RP if amount malversation
To be guilty of Malversation, Public officer must have: exceeds P22,000 10. The measure of negligence is the standard of
1. The official custody of public funds or property or the duty care commensurate with the occasion
to collect or receive funds due the government, and 11. In malversation not committed thru
2. The obligation to account for them to the government negligence, lack of criminal intent or good
faith is a defense
12. Presumption from failure to have duly
forthcoming public funds or property upon
demand: Prima Facie evidence that he has
put such to personal use
13. Presumption may be rebutted
14. The return of the funds is only mitigation,
not exempting circumstance
15. When a shortage is paid by the public officer
from his pocket, he is not liable for
malversation
16. Borrowing money to replace funds –
malversation
17. Borrowing money to replace funds – when
missing amount is found in some
unaccustomed place, he is NOT liable
18. Previous demand is not necessary in
malversation in spite of last paragraph of
Article 217
19. A person whose negligence made possible
the commission of malversation by another
can be held liable as principle by

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indispensable cooperation in complex crime


of malversation thru falsification of a public
document by reckless negligence
20. Damage to the government is NOT
necessary
218 1. That the offender is a public officer, whether in the service PC in minimum, 1. Demand for accounting is not necessary
Failure of or separated therefrom or fine ranging 2. Reason why Mere Failure to Render Account
Accountable 2. That he must be an accountable officer for public funds or from P200 to is Punishable: performance of the duty
Officer to property P6,000, or both 3. Misappropriation is not necessary in order to
Render 3. That he is required by law or regulation to render accounts be liable under this article
Accounts to the COA, or to a provincial auditor
4. That he fails to do so for a period of two months after such
accounts should be rendered
219 1. That the offender is a public officer A Mayor or fine The act of leaving the country must be
Failure to 2. That he must be an accountable officer for public funds or ranging from unauthorized or not permitted by law
Render property P200 to P1,000,
Accounts 3. That he must have unlawfully left (or be on the point of or both
before leaving) the Philippines without securing from COA a
Leaving the certificate showing that his accounts have been finally
Country settled

220 1. That the offender is a public officer PC minimum or a 1. The public finds or property must be
Illegal Use of 2. That there is public fund or property under his fine ranging from appropriated by law or ordinance for a
Public Funds administration ½ to total value particular purpose
or Property 3. That such public fund or property has been appropriated of sum 2. Illegal Use of Public Funds or Property
by law or ordinance misapplied, with Distinguished from Malversation under
4. That he applies the same to a public use other than that TSD – if damage Article 217:
for which such fund or property has been appropriated by or a. Both crimes – offenders are accountable
law or ordinance embarrassment public officers
resulted b. Illegal Use of Public Funds/Property –
offender does not derive any personal
Fine from 5-50% gain or profit; Malversation – offender in
of sum certain cases profits from proceeds of
misapplied – if crime
no damage or c. Illegal Use – public fund/property is
embarrassment applied to another public use;
resulted Malversation – public fund or property is
applied to personal use and benefit of
offender or of another person
221 Acts Punishable: A Mayor and fine Refusal to make delivery of property must be
Failure to 1. By failing to make payment by public officer who is under from 5-25% of MALICIOUS.
Make obligation to make such payment from Government funds sum he failed to
Delivery of in his possession pay

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Public Funds 2. By refusing to make delivery by a public officer who had


or Property been ordered by competent authority to deliver any Under 2nd
property in his custody or under his administration paragraph, Fine
shall be
Elements of Failure to Make Payment: graduated by
1. That the public officer has government funds in his value to thing,
possession provided that it
2. That he is under obligation to make payment from such shall not be less
funds than P50
3. That he fails to make the payment maliciously
222 Private Individuals Who May be Liable from Arts. 217- Provisions of this 1. Purpose: to extend the provision of this
Officers 221: chapter shall Code on malversation to private individuals
Included in 1. Private individuals who, in any capacity whatever, have apply 2. Sheriffs and receivers fall under the term
the Preceding charge of any national, provincial or municipal funds, “administrator”
Provisions revenue, or property 3. Judicial administrator is not covered by this
2. Administrator or depository of funds or property, attached, article
seized or deposited by pubic authority, even if such 4. Private property is included, provided it is
property belongs to a private individual attached, seized, or deposited with public
authority
223 1. That the offender is a public officer PC medium and 1. Connivance with the prisoner in his escape is
Conniving 2. That he had in his custody or charge, a prisoner, either maximum and an indispensable element
with or detention prisoner or prisoner by final judgment TSD maximum to 2. Detention Prisoner – person in legal custody,
Consenting to 3. That such prisoner escaped from his custody PSD – sentenced arrested for, and charged with, some crime
Evasion 4. That he was in connivance with the prisoner in the latter’s by final or public offense
escape judgment to any 3. Release of detention prisoner who could not
Classes of Prisoners Involved: penalty be delivered to the judicial authority within
1. Fugitive sentenced by final judgment to any penalty PC minimum and the time fixed by law, is not infidelity in the
2. Fugitive held only as detention prisoner for any crime or TSD – fugitive custody of the prisoner
violation of law or municipal ordinance not finally 4. Leniency or laxity is not infidelity (e.g.
convicted but prisoner allowed to eat in restaurant near
only held as municipal building)
detention 5. Relaxation of Imprisonment is considered
prisoner infidelity
224 1. That the offender is a public officer A Mayor 1. The prisoner is either a convict by a final
Evasion 2. That he is charged with the conveyance or custody of a maximum to PC judgment or detention prisoner
Through prisoner, either detention prisoner or prisoner by final minimum and 2. What is punished invasion thru negligence is
Negligence judgment TSD such a definite laxity as all but amounts to
3. That such prisoner escapes thru his negligence deliberate non-performance of duty on the
part of the guard (e.g. falling asleep, lack of
Liability of Escaping Prisoner: adequate precautions)
1. Convict by reason of final judgment – Article 157 3. The fact that public officer recaptured the
2. Detention Prisoner – no liability prisoner does not afford complete
exculpation

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225 1. That the offender is a private person Penalty next This article does not apply if a private person
Escape of 2. That the conveyance or custody of a prisoner or person lower in degree was the one who made the arrest and consented
Prisoner under arrest is confided to him than that to the escape of the person he arrested
under the 3. That the prisoner or person under arrest escapes prescribed for
Custody of a 4. That the offender consents to the escape of the prisoner or the public officer
Person not a person under arrest, or that the escape takes place thru
Public Officer his negligence
226 1. That the offender be a public officer PM and fine not 3. Public officer must be officially entrusted
Removal, 2. That he abstracts, destroys or conceals documents or exceeding with the documents or papers
Conceal-ment papers P1,000 – serious 4. The document must be COMPLETE and one
or 3. That the said documents or papers should have been damage by which a right could be established or an
Destruction entrusted to such public officer by means of his office obligation could be extinguished
of Documents 4. That damage, whether serious or not, to a third party or PC minimum and 5. Books, periodicals, pamphlets, etc. are not
to the public interest should have been caused medium and fine documents
not exceeding 6. Papers includes checks, promissory notes,
Acts Punishable in Infidelity in Custody of Documents: P1,000 – and paper money
1. Removing damage not 7. Post office official who retained the mail
2. Destroying serious without forwarding to their destination is
3. Concealing, documents or papers officially entrusted in the guilty under this article.
offending public officer 8. Money bills received as exhibits in court are
papers
Infidelity in Custody of Document distinguished from 9. The removal must be for an illicit purpose
Malversation and Falsification 10. The removal is for an illicit purpose when
1. Malversation and Falsification – when postmaster received intention is to
money orders, signed as payee, collected and a. tamper with it, or
appropriated the respective amounts b. to profit by it; or
2. Infidelity in Custody of Papers – when postmaster receives c. to commit an act constituting breach of
letters/envelopes containing money orders, and MO are trust in official care thereof
not sent to addressees, the postmaster cashing the same 11. Deemed consummated upon removal from
for his own benefit or secreting away from usual place in the
office and after offender had gone out and
Document – written instrument by which something is proved locked the door
or made of record 12. Infidelity in custody by destroying or
concealing it does not required proof of illicit
purpose
13. There must be damage, great or small
227 1. That the offender is a public officer PC minimum and 1. It is the breaking of the seals, not the
Officer 2. That he is charged with the custody of papers or property medium, TSD opening of a closed envelope, which is
Breaking Seal 3. That these papers or property are sealed by proper and fine not punished
authority exceeding 2. Damage or intent to cause damage is NOT
4. That he breaks the seals or permits them to be broken P2,000 necessary
228 1. That offender is a public officer A Mayor, TSD 1. Custody – guarding; keeping safe; care
Opening of 2. That any closed papers, documents, or objects are and fine not 2. Closed documents must be entrusted to the

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Closed entrusted to his custody exceeding custody of the accused by reason of his
Documents 3. That he opens or permits to be opened said closed papers, P2,000 office
documents or objects 3. The act should not fall under Article 227
4. That he does not have proper authority (Breaking of Seal)
4. Damage or intent to cause damage NOT
element
229 Elements of No. 1: PC medium and 1. Acts Punishable:
Revelation of 1. That the offender is a public officer maximum, PSD, a. By revealing any secrets known to the
Secrets by an 2. That he knows a secret by reason of his official capacity and fine not offending public officer by reason of his
Officer 3. That he reveals such secret without authority or justifiable exceeding official capacity
reasons P2,000 – serious b. By delivering wrongfully papers or copies
4. That damage, great or small, be cause to the public damage of his papers which he may have charge
interest and which should NOT be published
PC minimum, 2. Secrets must affect public interests
Elements of No. 2: TSD, and fine 3. Espionage is not contemplated in this article
1. That the offender is a public officer not exceeding 4. This article only punishes minor official
2. That he has charge of papers P500 – not so betrayals, infidelities of little consequence,
3. That those papers should not be published serious affecting usually the administration of
4. That he delivers those papers or copies thereof to a 3rd justice, executive or official duties, or the
person general interest of the public order
5. That the delivery is wrongful 5. Offender must have charge of papers or
6. That damage be caused to public interest copies of papers
6. Damage is an element under Article 229
Revelation Distinguished from Infidelity:
1. Papers contain Secrets – revelation
2. Papers do not contain Secrets - Infidelity
230 1. That the offender is a public officer A Mayor and fine 1. Revelation to one person is sufficient, for
Public Officer 2. That he knows of the secrets of a private individual by not exceeding public revelation is not required.
Revealing reason of his office P1,000 2. When the offender is an attorney at law or a
Secrets of 3. That he reveals such secrets without authority or solicitor, Article 209 is applicable and not
Private justifiable reason 230
Individual 3. Damage to private individuals not necessary

231 1. That the offender is a judicial or executive officer A Mayor medium The act constitution the crime is the open refusal
Open Disobe- 2. That there is a judgment, decision or order of a superior to PC minimum, to execute judgment, decision or order
dience authority TSD maximum,
3. That such judgment, decision or order was made within and fine not
the scope of the jurisdiction of the superior authority and exceeding
issued with all legal formalities P1,000
4. That the offender without any legal justification openly
refuses to execute the said judgment, decision or order,
which he is duty bound to obey

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232 1. That the offender is a public officer PC minimum and 1. Reason for Provision: superior officer may
Disobedience 2. That an order is issued by his superior for execution medium and PSD sometimes err, or orders may proceed from
to Order of 3. That he has for any reason suspended the execution of a mistaken judgment
Superior such order 2. The article does not apply if the order of the
Officer, When 4. That his superior disapproves the suspension of the superior is illegal
Said Order execution of the order
was 5. That the offender disobeys his superior despite the
Suspended disapproval of the suspension
by Inferior
Officer
233 1. That the offender is a public officer A Mayor medium 1. Demand must be from a competent
Refusal of 2. That a competent authority demands from the offender to PC minimum, authority
Assistance that he land his cooperation towards the administration of PSD and fine not 2. Damage to public interest is essential, great
justice or other public service exceeding or small
3. That the offender fails to do so maliciously P1,000 – serious
damage

A Mayor medium
and maximum,
fine not
exceeding P500
– not so serious
damage
234 1. That the offender is elected by popular election to public A Mayor or fine 1. Refusal must be without legal motive
Refusal to office. not exceeding 2. Reason for Provision: matter of duty to
Discharge 2. That he refuses to be sworn in or to discharge the duties P1,000 or both discharge duties of said office
Elective of said office 3. Article 234 NOT applicable to appointive
Office 3. That there is no legal motive for such refusal to be sworn officer
in or to discharge the duties of said office

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235 1. That the offender is a public officer or employee PC medium 1. The public officer must have actual charge of
Maltreat- 2. That he has under his charge a prisoner or detention period to PM in the prisoner to hold him liable fro
ment of prisoner minimum, in maltreatment of prisoner
Prisoners 3. That he maltreats such prisoner in either of the following addition to 2. Offended party must be a convict or
manners: liability for detention prisoner
a. by overdoing himself in the correction or handling of a physical injuries 3. To be detention prisoner, the person arrested
prisoner or detention prisoner under his charge either or damages must be placed in jail even for a short while
– caused under 4. The maltreatment must relate to the
i. by the imposition of punishments not paragraph 1 correction or handling of the prisoner, or
authorized by the regulations, or must be for the purpose of extorting a
ii. by inflicting such punishments (those confession or of obtaining some information
authorized) in a cruel and humiliating manner from the prisoner
b. By maltreating such prisoner to extort a confession or PM in minimum, 5. If physical injuries were due to a personal
to obtain some information from the prisoner TSD and fine not grudge, it would not fall under this article
exceeding 6. Offender may also be liable for physical
P6,000, in injuries or damage caused
addition to 7. No complex crime of maltreatment with
liability for serious or less serious physical injuries
physical injuries
or damage
caused
236 1. That the offender is entitled to hold a public office or Suspended until
Anticipation employment, either by election or appointment complied with
of Duties of 2. That the LAW requires that he should first be sworn in formalities and
Public Office and/or should first give a bond fine from P200-
3. He assumes performance of duties and powers of such P500
office
4. That he has not taken his oath and/or given bond required
237 1. That the offender is holding a public office PC minimum, Public officer who has been suspended,
Prolonging 2. That the period provided by law, regulations or special TSD minimum, separated, declared overaged, or dismissed
Performance provisions for holding such office, has already expired and fine not cannot continue to perform the duties of his
of Duties and 3. That he continues to exercise the duties and powers of exceeding P500 office
Powers such office
238 1. That the offender is a public officer A Mayor – to 1. There must be a written or formal
Abandonmen 2. That he formally resigns from his position detriment of resignation
t of Office or 3. That his resignation has not yet been accepted public service 2. Abandonment Distinguished from Negligence
Position 4. That he abandons his office to the detriment of the public in Prosecution of Offenses (Article 208):
service PC minimum and a. Abandonment – committed by any public
medium, and A officer; Article 208 – committed by
Qualifying Circumstance: Mayor – if to public officers who have the duty to
- preventing, prosecuting or punishing any of the crimes evade duty of institute prosecution for punishment of
falling within Title One, and Chapter One of Title 3 of preventing, violation of the law
Book 2 (Crimes against National Security and Law of prosecuting or b. Abandonment – public officer abandons

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Nations and Crimes against Public Order) punishing office to evade discharge of duties;
Article 208 – public officer does not
abandon office
239 1. That the offender is a executive or judicial officer PC minimum,
Usurpation of 2. That he makes general rules or regulations beyond the TSD, and fine
Legislative scope of his authority, or attempts to repeal a law, or not exceeding
Powers suspends the execution thereof P1,000
240 1. That the offender is a judge A Mayor in Legislative officers are not liable for usurpation
Usurpation of 2. That he assumes a power pertaining to the executive medium period of powers – only Article 177 (Usurpation of
Executive authorities, or obstructs the executive authorities in the to PC in authority or official functions)
Functions lawful exercise of their powers minimum period
241 1. That the offender is an officer of the executive branch of A Mayor medium Articles 239-241 punish interference by officers
Usurpation of the government to PC minimum of one of the 3 departments of government with
Judicial 2. That he assumes judicial powers, or obstructs the function of officers of another department
Functions execution of any order or decision rendered by any judge
within his jurisdiction
242 1. That the offender is a public officer A Mayor and fine
Disobeying 2. That a proceeding is pending before such public officer not exceeding
Request for 3. That there is a question brought before the proper P500
Disqualificati authority regarding his jurisdiction, which is not yet
on decided
4. That he has been lawfully required to refrain from
continuing the proceeding
243 1. That the offender is an executive officer A Mayor, and fine 1. Purpose of the provision is to maintain the
Orders or 2. That he addressed any order or suggestion to any judicial note exceeding independence of the judiciary
Requests by authority P500 2. Legislative or judicial officers are not liable
Executive 3. That the order or suggestion relates to any case or under Article 243
Officer to any business coming within the exclusive jurisdiction of the
Judicial courts of justice
Authority
244 1. That the offender is a public officer A Mayor and a 1. The offense is committed by nominating or
Unlawful 2. That he nominates or appoints a person to a public office fine not by appointing.
Appointment 3. That such person lacks the legal qualifications therefore exceeding 2. Recommending is not a crime
s 4. That the offender knows that his nominee or appointee P1,000 3. There must be law that provides for the
lacks the qualifications at the time he made the qualifications or a person to be nominated or
nomination or appointment appointed to a public office
245 1. That the offender is a public officer PC medium and 1. Solicit – propose earnestly and persistently
Abuses 2. That he solicits or makes immoral or indecent advances to maximum and something unchaste and immoral to a
Against a woman TSD woman
Chastity 3. That such woman must be: 2. The advances must be immoral or indecent
a. Interested in matters pending before the offender for 3. The crime is consummated by mere proposal
decision, or with respect to which he is required to 4. Proof of solicitation is not necessary when
submit a report to or consult with a superior officer; or there is sexual intercourse

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b. Under the custody of the offender who is a warden or


other public officer directly charged with the care and
custody of prisoners or persons under arrest; or
c. The wife, daughter, sister or relative within the same
degree by affinity of the person in the custody of the
offender
246 1. That a person is killed RP to Death 1. Relationship of the offender with the victim
Parricide 2. That the deceased is killed by the accused is the essential element of this crime
3. That the deceased is the father, mother, or child, whether 2. Parents and children are not included in the
legitimate or illegitimate, or a legitimate other ascendant term “ascendants” or “descendants”
or other descendent, or the legitimate spouse, of the 3. The child should not be less than 3 days old,
accused otherwise the crime is infanticide
4. Spouse must be legitimate
Note: 5. Relationship must be alleged
1. Other ascendants or descendants must be legitimate 6. There is crime of parricide thru reckless
2. Father, mother, or child may be legitimate or illegitimate imprudence
7. There is also parricide by mistake
8. A stranger who cooperates in parricide will
not be guilty of parricide by only homicide or
murder
247 1. That a legally married person or a parent surprises his * Note: 1. Required to be a legally married person
Death or spouse or his daughter, the latter under 18 years of age This article does 2. The article does not seem to require that the
Physical and living with him, in the act of committing sexual not define and parent be legitimate, it requires only that
Injuries intercourse with another person penalize a she is under 18 and that she is living with
Inflicted 2. That he or she kills any or both, of them or inflicts upon penalty her parents
Under any or both of them any serious physical injury in the act 3. The article does not seem to apply to a
Exceptional or immediately thereafter Destierro – if married daughter
Circum- 3. That he has not promoted or facilitated the prostitution of accused killed or 4. Surprising the spouse or daughter in ACT of
stances his wife or daughter, or that he or she had not consented inflicted serious sexual intercourse in indispensable
to the infidelity of the other spouse physical injuries 5. This article is not applicable when the
on spouse or accused did not see his spouse in the act of
Surprise – to come upon suddenly and unexpectedly other person sexual intercourse with another person
6. It is enough however that the circumstances
Cases when Parricide is not punished with RP to Death: Exempt from show reasonably that the carnal act is being
1. Parricide committed through negligence (Article 365) punishment – if committed or has just been committed
2. When it is committed by mistake (Article 249) inflicted physical 7. There is conflict of opinion on whether
3. When it is committed under exceptional circumstances injuries of any “sexual intercourse” includes preparatory
(Article 247) kind acts
8. The killing or inflicting of injuries must be:
* Note: Destierro is (a) in the act of sexual intercourse, or (2)
- Justification for this article: burst of passion intended to immediately thereafter
protect spouse 9. The discovery, the escape, the pursuit and
from reprisals by the killing must all form part of one
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relatives of continuous act


deceased spouse 10. The killing must be the direct by-product of
the accused’s rage
11. The killing of the spouse by accused must be
by reason of having surprised her in the act
of sexual intercourse with another person
12. Article 247 applies only when spouse
surprises other spouse in flagrant adultery
13. No criminal liability if physical injuries are
less serious or slight
14. Accused cannot be held liable for injuries
sustained by 3rd persons as a result thereof,
since he was NOT committing a felony
248 1. That a person was killed RP to Death 1. The offender must have intent to kill to be
Murder 2. That the accused killed him liable for murder committed by means of
3. That the killing was attended by any of the qualifying fire, or other means enumerated in par. 3 of
circumstances mentioned in Article 248 Article 248
4. The killing is not parricide or infanticide 2. Killing a person with treachery is murder
even if there is no intent to kill
Murder – unlawful killing of any person which is NOT parricide 3. Rules for application of the circumstances
or infanticide, provided the following circumstances are which qualify the killing to murder:
present: a. Murder will exist with only one of the
1. With treachery, taking advantage of superior strength, circumstances described in Article 248
with the aid of armed men, or employing means to b. When the other circumstances are
weaken the defense, or of means or persons to insure or absorbed or included in one qualifying
afford impunity circumstance, they cannot be considered
2. In consideration of a price, reward or promise as generic aggravating
3. By means of inundation, fire, poison, explosion, shipwreck, c. Any of the qualifying circumstances
stranding of vessel, derailment or assault upon a railroad, enumerated in Article 248 must be
fall of an airship, by means of motor vehicles, or with the ALLEGED in the information
use of any other means involving great waste and ruin 4. Treachery and premeditation are inherent in
4. On occasion of any of the calamities enumerated in the murder by poison
preceding paragraph, or of an earthquake, eruption of a 5. When the intention of accused was merely to
volcano, destructive cyclone, great waste and ruin sexually excite a woman, and not to kill her,
5. With evident premeditation the crime is homicide
6. With cruelty, by deliberately and inhumanly augmenting 6. Outraging – commit an extremely vicious or
the suffering of the victim, or outraging or scoffing at his deeply insulting act
person or corpse 7. Scoffing – jeer, and implies a showing of
*Note: read discussion in Article 13 on Aggravating irreverence
Circumstances
249 1. That a person is killed RT 1. Penalty for homicide will be one degree
Homicide 2. That the accused killed him without any justifying higher when the victim is under 12 years of
circumstances age
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3. That the accused had the intention to kill, which is 2. Intent to kill is conclusively presumed when
presumed death results
4. That the killing was not attended by any of the qualifying 3. Evidence of intent to kill is important only in
circumstances of murder, or by that of parricide or attempted or frustrated homicide
infanticide 4. Intent to kill must be proven beyond
reasonable doubt
Homicide – unlawful killing of any person, which is neither 5. That the death of the deceased was due to
parricide, murder nor infanticide his refusal to be operated on is NOT a
defense
Accidental Homicide – death of a person brought about by a 6. The killing must not be justified
lawful act performed with proper care and skill, and without 7. No offense of frustrated homicide thru
homicidal intent imprudence
8. Where the wounds that caused death were
Corpus Delicti – actual commission of the crime charged; inflicted by 2 different persons, even if they
means that the crime was actually perpetrated, and does not were not in conspiracy, each of them is guilty
refer to the body of the murdered person of homicide
9.
250 Frustrated Parricide, Murder or Homicide - Penalty lower 1. This article is permissive, not mandatory
Penalty by one degree than that which should be imposed under 2. Court may impose penalty 2 degrees lower
provisions of Article 50 for frustrated parricide, murder or homicide
3. Court may impose penalty 3 degrees lower
Attempted Parricide, Murder or Homicide – Penalty lower for attempted parricide, murder or homicide
by one under provisions of Article 51 4. An attempt against the life of the Chief
Executive, etc. is punishable by death
251 1. That there be several persons PM – in case of 1. When there are two identified groups of men
Death Caused 2. That they did not compose groups organized for the death of victim, who assaulted each other, then there is no
in common purpose of assaulting and attacking each other though it cannot tumultuous affray
Tumultuous reciprocally be ascertained 2. The person killed in the course of the affray
Affray 3. That there several persons quarreled and assaulted one who killed him, if need not be one of the participants in the
another in a confused and tumultuous manner person who affray
4. That someone was killed in the course of the affray inflicted serious 3. If the one who inflicted the fatal wound is
5. That it cannot be ascertained who actually killed the physical injuries know, the crime is NOT homicide in
deceased can be identified tumultuous affray but HOMICIDE under
6. That the person or persons who inflicted serious physical Article 249 against the one who inflicted the
injuries or who used violence can be identified PC in medium fatal wound
and maximum – 4. The serious physical injuries, if inflicted by
Tumultuous Affray – the disturbance is caused by more than all those who one of the participants, should not be the
three persons who are armed or are provided with means of used violence cause of the death of the deceased
violence upon victim

Persons Liable for Death in Tumultuous Affray:


1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical injuries

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on the deceased, all the persons who used violence upon


the person of the victim are liable, but with lesser liability

252 1. That there is a tumultuous affray as referred to in the 1st paragraph – 1. Victim must be one or some of the
Physical preceding article Penalty next participants in the affray
Injuries 2. That a participant(s) thereof suffer serious physical lower in degree 2. Only the one who used violence in liable
Caused in injuries or physical injuries of a less serious nature only than that 3. The 2nd paragraph seems to refer to less
Tumultuous 3. That the person responsible therefore cannot be identified provided for the serious physical injuries
Affray 4. That all those who appear to have used violence upon the physical injuries 4. It is believed that in providing the penalty of
person of the offended party are known so inflicted Arresto Mayor for physical injuries of a less
serious nature in a tumultuous affray, the
2nd Paragraph – legislature intended to EXCLUDE slight
A Mayor from 5 physical injuries
to 15 days
253 Acts Punishable as Giving Assistance to Suicide: PM – any person 1. This article does not distinguish and does not
Giving 1. By assisting another to commit suicide, whether the who shall assist make any reference to the relation of the
Assistance to suicide is consummated or not another to offender with the person committing suicide
Suicide 2. By lending his assistance to another to commit suicide to commit suicide 2. A person who attempts to commit suicide is
the extend of doing the killing himself not criminally liable
RT – lending 3. A pregnant woman who tried to commit
assistance to the suicide by means of poison, but instead of
extent of doing dying, the fetus in her womb was expelled is
the killing NOT liable for abortion
himself 4. Assistance to suicide is different from mercy-
killing
A Mayor medium 5. Euthanasia – practice of painlessly putting
and maximum – to death a person suffering from some
if suicide is not incurable disease
consummated 6. Euthanasia is not lending assistance to
suicide. In euthanasia, the person killed
does not want to die.
7. A doctor who resorts to mercy killing of his
patient may be liable for suicide
254 1. That the offender discharges a firearm against or at PC minimum and 1. There must be no intention to kill
Discharge of another person medium – any 2. The purpose of offender is only to intimidate
Firearms 2. That the offender has no intention to kill that person person who shall or frighten the offended party
shoot at another 3. If the firearm is NOT discharged at a person,
firearm unless there is no crime of discharge of firearm
frustrated or 4. Discharge towards the house of victim is not
attempted illegal discharge of victim
parricide, murder 5. Firing a gun against the house of the
or homicide, or offended party at random, not knowing in
any other crime what part of the house the people inside

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for which a were, is only crime of Alarm


higher penalty is 6. Complex crime of illegal discharge of firearm
prescribed by with serious or less serious physical injuries
articles of this – when in illegal discharge of firearm, the
code offended party is hit and wounded
7. There is no complex crime when only slight
physical injuries (light felony) are inflicted
8. A public officer who fires his revolver in the
air in order to capture some gamblers and to
prevent them from escaping is NOT guilty of
this crime
255 1. That a child was killed Penalty provided 1. The penalty is for parricide or murder, but
Infanticide 2. That the deceased child was less than 3 days (72 hours) of for parricide (Art. the name of the crime is always infanticide
age 246) and Murder a. Father or mother or legitimate ascendant
3. That the accused killed the said child (Art. 248) who kills child of less than 3 days old to
suffer penalty of parricide
Infanticide – killing of any child less than three days of age, PM medium and b. Other persons who kills a child less than
whether the killer is the parent or grandparent, any other maximum – if 3 days old to suffer the penalty for
relative of the child, or a stranger committed by murder
the mother of 2. Concealing dishonor is not an element of
child for infanticide; it merely mitigates the liability of
purposes of mother or maternal grandparents
concealing 3. Reason for mitigating circumstance:
dishonor obfuscation for fear of dishonor
4. Delinquent mother who claim concealing
RT – if crime dishonor must be of good reputation
committed for 5. No crime of infanticide is committed where
same purpose by the child was born dead, or although born
maternal alive, it could not sustain an independent life
grandparents or when it was killed
either of them 6. A fetus about 6 months old cannot subsist by
itself, outside the maternal womb
256 Ways of Committing Intentional Abortion: RT – if he shall 1. Persons Liable for Intentional Abortion
Intentional 1. By using any violence upon the person of the pregnant use any violence a. Person who intentionally caused abortion
Abortion woman upon the person – under Article 256
2. By acting, but without using violence, without the consent of the pregnant b. Woman, if she consented – under Art.
of the woman (by administering drugs or beverages upon woman 258
such pregnant woman without her consent) c. Woman, if she did not consent – NOT
3. By acting (by administering drugs or beverages), with the PM – if, without liable
consent of the pregnant woman using violence, 2. Abortion distinguished from Infanticide
he shall act a. Infanticide – if fetus can sustain an
without the independent life after its separation from
Elements: consent of the the maternal womb, and is killed

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1. That there is a pregnant woman woman b. Abortion – otherwise


2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon PC medium and
such pregnant woman maximum – if
3. That as a result of the use of violence or drugs or woman shall
beverages upon her, or any other act of the accused, the have consented
fetus dies, either in the womb or after having been
expelled therefrom
4. That the abortion is intended
257 1. That there is a pregnant woman PC minimum and 1. This crime is committed only by violence
Unintentional 2. That violence is used upon such pregnant woman without medium 2. The violence must be intentionally exerted
Abortion intending an abortion 3. There is unintentional abortion thru
3. That the violence is intentionally exerted imprudence
4. That as a result of the violence, the fetus dies, either in 4. There are conflicting decisions on whether
the womb or after having been expelled therefrom the accused is liable for abortion even if he
did not know that the woman was pregnant
* Note: 5. There is a complex crime of homicide with
- Violence is actual physical force unintentional abortion
6. There is complex crime of parricide with
abortion
7. Article 257 does not apply when there is no
intent to cause abortion and there is no
violence
258 1. That there is a pregnant woman who has suffered an PC medium and 1. Woman is liable:
Abortion abortion maximum – a. when she shall practice an abortion upon
Practiced by 2. That the abortion is intended woman who herself
the Woman 3. That the abortion is caused by: practices b. when she shall consent that any other
Herself or by a. the pregnant woman herself abortion on person should do so
her Parents b. any other person, with her consent herself; parents 2. Liability of pregnant woman is mitigated if
c. any of her parents, with her consent, for the purpose of woman or purpose is to conceal dishonor
of concealing her dishonor either of them to 3. No mitigation for parents of pregnant woman
conceal dishonor even if the purpose is to conceal dishonor,
Cases Covered by Article 258: unlike in infanticide
1. Abortion committed by woman upon herself or by any PC minimum and
other person with her consent medium – any
2. Abortion by the woman upon herself to conceal her woman who does
dishonor it to conceal
3. Abortion by any of the parents of the woman with the dishonor
latter’s consent to conceal her dishonor
259 Elements for Physician or Midwife Penalties 1. Penalty for intentional abortion is imposed in
Abortion 1. That there is a pregnant woman who has suffered an provided for in maximum period on physician or midwife
Practiced by abortion Article 256 in 2. Reason for Maximum penalty: used
a Physician 2. That the abortion is intended maximum period knowledge for destruction of human life,

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or Midwife 3. That the offender, who must be a physician or midwife, – who takes where it should only be used for preservation
and causes, or assists in causing, the abortion advantage of 3. It is not necessary that the pharmacist
Dispensing of 4. That said physician or midwife takes advantage of his or scientific knows that the abortive would be used to
Abortives her scientific knowledge or skill knowledge or cause an abortion
skill 4. What is punished is the act of dispensing
Elements for Pharmacists: abortive; it’s not necessary that the abortive
1. That the offender is a pharmacist A Mayor and a be actually used
2. That there is no proper prescription from a physician fine not
3. That the offender dispenses any abortive exceeding
P1,000 –
pharmacist
260 Acts Punishable in Duel: RT – if he should 1. If death results, the penalty is the same as
Duel 1. By killing one’s adversary in duel kill his adversary that for homicide
2. By inflicting upon such adversary physical injuries 2. General principle: when there is intent to
3. By making a combat although no physical injuries have Penalty provided kill, the inflicting of physical injuries is either
been inflicted therefore, attempted or frustrated homicide
according to 3. The code disregards the intent to kill in
Duel – formal or regular combat previously concerted their nature – in considering the penalty for duel when only
between two parties in the presence of two or more seconds case of physical physical injuries are inflicted upon the
of lawful age on each side, who makes the selection of arms injuries adversary
and fix all other conditions of the fight
A Mayor –
Persons Liable in Duel: combatants,
1. The person who killed or inflicted physical injuries upon his although no
adversary, or both combatants in any other case, as physical injuries
principles have been
2. The seconds, as accomplices inflicted
261 Acts Punished under this Article: PC minimum Persons Responsible Under this Article:
Challenging 1. By challenging another to a duel 1. Challenger
to Duel 2. By inciting another to give or accept a challenge to a duel 2. Instigator
3. By scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel

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262 1. By intentionally mutilating another by depriving him, RT to RP – 1. Mutilation of the first kind is castration which
Mutilation either totally or partially, of some essential organ for essential organ must be made purposely.
reproduction for reproduction 2. The penalty shall be one degree higher than
a. That there be castration (mutilation of organs that imposed by law when the victim is
necessary for generation such as a penis or ovarium) PM medium and under 12 years of age.
b. That the mutilation is caused purposely or deliberately, maximum – 3. The offender must have the intention to
that is, to deprive the offended party of some essential other mutilation deprive the offended party of a part of his
organ for reproduction body.
2. By intentionally making other mutilation, that is, by 4. Mutilation – lopping or clipping off of some
lopping or clipping off any part of the body of the offended part of the body
party, other than the essential organ for reproduction, to 5. Mayhem – other intentional mutilation
deprive him of that part of his body.
263 Serious Physical Injuries: PM – under no. 1 1. Committed by wounding, beating, assaulting
Serious 1. When the injured person becomes insane, imbecile, or administering injurious substance
Physical impotent or blind in consequence of the physical injuries PC medium and 2. May be committed by reckless imprudence,
Injuries inflicted. maximum – or by simple imprudence or negligence.
2. When the injured person (a) loses the use of speech or the under no. 2 3. There must not be intent to kill
power to hear or to smell, or loses an eye, a hand, a foot, 4. Blindness (Must be Complete) and Loss of an
an arm, or a leg, or (b) loses the use of any such member, PC minimum and Eye
or (c) becomes incapacitated for the work in which we medium – under a. Paragraph 1 – must be both eyes
were theretofore habitually engaged, in consequence of no. 3 b. Paragraph 2 – one eye only
the physical injuries inflicted. 5. Loss of Power to Hear
3. When the person injured (a) becomes deformed, or (b) A Mayor a. Paragraph 2 – both ears
loses any other member of his body, or (c) loses the use maximum to PC b. Paragraph 3 – one ear only
thereof, or (d) becomes ill or incapacitated for the minimum – 6. Loss of hand or incapacity of usual work
performance of the work in which he was habitually under no. 4 must be permanent
engaged for more than 90 days, in consequence of the 7. Paragraph 2 refers to principal members of
physical injuries inflicted. the body, while Paragraph 3 covers any other
4. When the injured person becomes ill or incapacitated for member which is not principal member of
labor for more than 30 days (but must not be more than body
90 days), as a result of the physical injuries inflicted. 8. Deformity requires (a) physical ugliness, (b)
permanent and definite abnormality, and (c)
Classes of Serious physical injuries: (a) consequences of the conspicuous and visible.
injuries inflicted, (b) nature and character of the wound 9. Deformity by loss of teeth refers to injury
inflicted, and (c) the proper penalty which cannot be repaired by action of nature
10. There is illness for a certain period of time,
Physical Injuries Distinguished from Attempted or when the wound inflicted did not heal within
Frustrated Homicide: that period
a. In both, the offender inflicts physical injuries, however 11. Medical attendance is not important in
homicide may be committed, even if no physical serious physical injuries
injuries are inflicted 12. In Par 2 and 3, offended party must have an
b. There is no intent to kill in physical injuries avocation or work at the time of the injury
13. Par 4 speaks of incapacity for any kind of
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Ordinary Physical Injuries Distinguished from labor


Mutilation: 14. Where the category of the offense of serious
1. Mutilation – must have been caused purposely and physical injuries depends on the period of
deliberately illness or incapacity for labor, there must be
2. Physical Injuries – this intention is not present evidence of the length of that period;
otherwise the offense is only slight physical
injuries
15. Lessening of efficiency is not incapacity
16. Serious physical injuries by excessive
chastisement by parents is not qualified.

264 1. That the offender inflicted upon another any serious Penalties 1. Knowingly administering is an essential
Adminis- physical injury established by element
tering 2. That it was done by knowingly administering to him any the next 2. Administering injurious substance means
Injurious injurious substance or beverages or by taking advantage preceding article introducing into the body the substance
Substances of his weakness of mine or credulity 3. This article does not apply when the physical
or Beverages 3. That he had no intent to kill injuries that result are less serious or slight
4. Taking advantage of weakness or credulity
may take place in case of witchcraft,
philters, magnetism, etc.
265 Qualified Less Serious Physical Injuries Fine not 1. Matters to Note:
Less Serious 1. Paragraph 2: exceeding P500 a. That the offended party is incapacitated
Physical a. there is manifest intent to insult or offend the injured in addition to A for labor for 10 days or more (but not
Injuries person Mayor – 2nd more than 30), or needs medial
b. there are circumstances adding ignominy to the paragraph attendance for same period of time
offense b. That the physical injuries must not be
2. Paragraph 3: PC in minimum those described in the preceding articles
a. the offender’s parents, ascendants, guardians, and medium – 2. Medical attendance or incapacity is required
curators or teachers paragraph 3 3. It is only slight physical injury when there is
b. persons of rank or persons in authority, provided the no medical attendance or incapacity for labor
crime is not direct assault 4. Actual medical attendance is required

266 Kinds of Slight Physical Injuries: A Menor – par 1 1. When there is no evidence of actual injury, it
Slight 1. Physical injuries which incapacitated the offended party for A Menor or fine is only slight physical injuries
Physical labor from 1 to 9 days, or required medical attendance not exceeding 2. Example of paragraph 3 is slapping the face
Injuries and during the same period P200 – par 2 of offended party
Maltreat- 2. Physical injuries which did not prevent the offended party A Menor
ment from engaging in his habitual work or which did not minimum or fine
require medical attendance not exceeding
3. Ill-treatment of another by deed without causing any P50 - par 3
injury

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266-A Paragraph 1: Rape committed 1. Offender may now be a male or female.


Rape 1. Offender is a man under any of the 2. In rape under par. 1, there must be sexual
2. Offender had carnal knowledge of a woman 4 Circumstances: intercourse
266-B 3. Such act is accomplished under any of the ff circumstance: a. Par. 1 – RP 3. Penetration, even partial, is necessary
Penalties a. by using force or intimidation; or b. Par. 2 – PM 4. Only one of the four circumstances is
b. when the woman is deprived of reason or otherwise necessary
unconscious; or Rape committed 5. Force need not be irresistible, but it should
c. by means of fraudulent machination or grave abuse of with use of be present and brings the desired results
authority; or deadly weapon 6. Force employed need not be of such
d. when the woman is under 12 years of age or or by 2 or more character as could be resisted
demented persons: 7. Intimidation includes the moral kind, such as
a. Par. 1 – RP the fear caused by threatening
Paragraph 2: to death 8. When the offender has ascendancy or
1. Offender commits an act of sexual assault b. Par. 2 – PM influence over victim, it is not necessary that
2. That the act of sexual assault is committed by any of the to RT she put up a determined resistance
following means: 9. Rape may be proved by the uncorroborated
a. by inserting his penis into another person’s mouth or Rape where testimony of the offended
anal orifice; or victim becomes 10. Deprivation of reason contemplated by law
b. by inserting any instrument or object into the genital insane: need not be complete
or anal orifice of another person a. Par. 1 – RP 11. Stages of Rape:
3. That the sexual act is accomplished under the to death a. Consummated – enough that there was
circumstances mentioned in paragraph 1 b. Par. 2 – RT penetration, even partial/slight
b. Frustrated – none
Qualifying Circumstances: Attempted Rape c. Attempted – intent on the part of
1. When by reason or on occasion of the rape, a homicide is and Homicide: accused to have carnal knowledge of
committed a. Par. 1 – RP woman
2. When victim is under 18 and offender is parent, to death 12. Resignation to consummated act is NOT
ascendant, stepparent, guardian, relative by consanguinity b. Par. 2 – RT to consent
or affinity within 3rd civil degree, or common-law spouse of RP 13. Character of offended woman immaterial in
the parent of victim rape
3. When the victim is under the custody of the police or Rape with 14. There is a crime of multiple rape by 2 or
military authorities or any law enforcement or penal Homicide: more offenders
institution a. Par. 1 – 15. Rape is punished by death when any of the
death qualifying circumstances are present
4. When the rape is committed in full view of the husband, b. Par. 2 – RP 16. Rape with homicide is a special complex
parent, any of the children or other relatives within the 3rd
crime
civil degree of consanguinity
Rape with 17. When homicide is committed NOT by reason
5. When the victim is a religious engaged in legitimate
Aggravating or on the occasion of the rape, such as while
religious vocation or calling and is personally known to be
Circumstances: the woman was dying, the accused had
such by the offender before or at the time of the
a. Par. 1 – carnal intercourse with her, it may be
commission of the crime
death considered as ignominy.
6. When the victim is a child below 7 years of age.
b. Par. 2 - RT 18. Indemnity in Rape – P50,000
7. When the offender knows that he is afflicted with
19. Indemnity in Qualified Rape – P75,000
HIV/AIDS or any other sexually transmissible disease and
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the virus or disease is transmitted to the victim. 20. Indemnity in Rape with Homicide – P50,000
8. When committed by any member of AFP or paramilitary and P50,000 respectively (P100,000)
units thereof or the PNP or any law enforcement agency or 21. Damages in Rape
penal institution, when the offender took advantage of his a. Moral Damages – P50,000 without need
position to facilitate the commission of the crime of proof
9. When by reason or on the occasion of the rape, the victim b. Exemplary Damages – if one or more
has suffered permanent physical mutilation or disability aggravating circumstances was
10. When the offender knew of the pregnancy of the offended committed
party at the time of the commission of the crime
11. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime
266-C 1. Subsequent valid marriage between the offender and the 1. Effect of marriage – extinguishes not only
Effect of offended party shall extinguish the criminal action or the the penal action, but likewise the penalty
Pardon penalty imposed. that may be imposed
2. In case it is the legal husband who is the offender, the 2. Marriage extinguishes the penal action and
subsequent forgiveness by the wife as the offended party the penalty only as to the principal and not
shall extinguish the criminal action or the penalty to the accomplices and accessories
3. The crime shall not be extinguished or the
penalty shall not be abated if the marriage is
void ab initio
266-D 1. Any physical overt act manifesting resistance against the
Presumptions act of rape in any degree from the offended party; or
2. Where the offended party is so situated as to render
him/her incapable of giving consent
267 1. That the offender is a private individual RP to Death – 1. If the offender is a public officer, the crime is
Kidnapping 2. That he kidnaps or detains another, or in any other any of the 4 arbitrary detention
and Serious manner deprives the latter of his liberty circumstances 2. When a victim is a minor and the accused is
Illegal d. The person kidnapped or detained is a minor (except one of the parents – A mayor or a fine not
Detention when the accused is any of the parents), female or a Death – purpose exceeding P300, or both
public officer. of extorting 3. Intention to deprive victim of his liberty for
ransom purpose of extorting ransom is essential in
Special Complex Crime of Kidnapping with Murder – crime
effectively eliminated the distinction drawn by courts between Maximum 4. Actual demand for ransom is not necessary
those cases where the killing was purposely sought by the penalty – if 5. The accused is not liable when there is lack
accused, and those where the killing of the victim was not victim is killed or of motive to resort to kidnapping
deliberately resorted to but was merely an afterthought dies, or raped or 6. Detention or locking up of victim is essential,
subject to but it is not necessary that it is an inclosure
Illegal Detention Distinguished from Arbitrary torture or and restraint need not be permanent
Detention; dehumanizing 7. Detention must be illegal, i.e. when not
1. Illegal Detention is committed by a private individual who acts ordered by competent authority or not
unlawfully kidnaps, detains or otherwise deprives a person permitted by law
of liberty; Arbitrary Detention is committed by public 8. Deprivation of one’s liberty is essential
officer or employee who detains a person without legal
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ground element
2. Illegal Detention is a crime against personal liberty and 9. Restraint by robbers is not illegal detention
security; Arbitrary Detention is a crime against the 10. The purpose is immaterial when any of the 4
fundamental law of the State circumstances in the first paragraph is
present
11. Where a person is taken from one place to
another solely for the purpose of killing him
12. Ransom – money, price or consideration paid
or demanded for redemption of a captured
persons, a payment that releases from
captivity
13. Conspiracy to extort ransom makes all
conspirators liable under the 2nd paragraph,
including those who did not take any part of
the money
268 1. That the offender is a private individual RT – offender 1. Participation of accomplice in furnishing
Slight Illegal 2. That he kidnaps or detains another, or in any other and person who place is raised to that of a real co- principal
Detention manner deprives him of his liberty furnished place 2. Privileged mitigating circumstance in slight
3. That the act of kidnapping or detention is illegal for perpetration illegal detention:
4. That the crime is committed without the attendance of any of crime a. Voluntarily releases person so kidnapped
of the circumstances enumerated in Article 267 PM minimum and or detained within 3 days from
medium and a commencement of detention
fine not b. Without having attained purpose
exceeding P700 intended
– voluntary c. Before the institution of criminal
release proceedings against him
269 1. That the offender arrests or detains another person A Mayor and a 1. The offender is any person, whether a public
Unlawful 2. That the purpose of the offender is to deliver him to the fine note officer or a private individual
Arrest proper authorities exceeding P500 2. There is no unlawful arrest when the arrest
3. That the arrest or detention is not authorized by law or is authorized by a warrant issued by the
there is no reasonable ground therefore court
3. Distinguished from Article 125:
Unlawful arrest distinguished from other illegal a. Article 126 – detention is for legal
detention: if the purpose of locking up or detaining is to grounds; in unlawful arrest – detention
deliver to authorities, the crime is unlawful arrest; otherwise, is illegal
it is other illegal detention b. Article 125 – crime is failing to deliver
person; in unlawful arrest – crime is
making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed
270 1. That the offender is entrusted with the custody of a minor RP 1. This covers all minors, whether under or
Kidnapping person (below 21 years of age) A Mayor or a fine over 7 years of age
and Failure to 2. That he deliberately fails to restore the said minor to his not exceeding 2. What is punished is the deliberate failure of
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Return a parents or guardians P300 or both – the custodian of the minor to restore the
Minor when the crime latter to his parents or guardians
Distinguishing Article 267 and Article 270: is committed by 3. Kidnapping and failure to return a minor is
1. In Article 267 – the offender is not entrusted with custody father or mother necessarily included in Kidnapping and
2. In Article 270 – the offender is entrusted with custody of Serious Illegal Detention
minor
271 1. That a minor is living in the home of his parents or PC and a fine not 1. The inducement must be actual, committed
Inducing a guardian or person entrusted with his custody exceeding P700 with criminal intent, and determined by a
Minor to 2. That the offender induces said minor to leave such home – offender is any will to cause damage
Abandon His person 2. The minor should not leave his home on his
Home A Mayor or a fine own free will
not exceeding
P300, or both –
offender is
parent
272 1. That the offender purchases, sells, kidnaps or detains a PM and a fine not 1. If the purpose of the offender is to assign
Slavery human being. exceeding the offended party to some immoral traffic
2. That the purpose of the offender is to enslave such human P10,000 (prostitution), the penalty is higher.
being 2. The employment or custody of a minor with
Maximum Period the consent of the parent or guardian
Slavery and Kidnapping or Illegal Detention Distinguished: – if purpose is to although against the child’s will cannot be
a. Slavery – purpose is to enslave victim assign to considered to be involuntary servitude
b. Kidnapping or Illegal Detention – any other purpose immoral traffic
273 1. That the offender retains a minor in his service PC minimum and 1. The service of the minor must be against his
Exploitation 2. That it is against the will of the minor medium and a will
of Child Labor 3. That it is under the pretext of reimbursing himself of a fine not 2. The existence of indebtedness constitutes no
debt incurred by an ascendant, guardian or person exceeding P500 legal justification for holding a person and
entrusted with the custody of such minor depriving him of his freedom to live where
he wills
274 1. That the offender compels a debtor to work for him, either A Mayor 1. The article specifically provides that the
Services as household servant or farm laborer maximum to PC debtor is compelled to work as household
Rendered 2. That it is against the debtor’s will minimum servant or farm laborer and not any other
Under 3. That the purpose is to require or enforce the payment of a work
Compulsion debt 2. This article, like Article 273, punishes a form
in Payment of slavery, but Article 274 does not
distinguish whether the victim is a minor or
not
3. Under this article it is the debtor who is
compelled to work for the offender, while in
Article 273 it is the minor
275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only when
Abandonmen 1. Failing to render assistance to any person whom offender someone is accidentally injured by the
t of Persons finds in an uninhabited place wounded or in danger of accused

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in Danger dying when he can render such assistance without 2. It is immaterial that the offender did not
and detriment to himself, unless such omission shall constitute know that the child is under 7 years old
Abandonmen a more serious offense 3. Paragraph 3 applies to one who found a lost
t of One’s a. The place is uninhabited child
Own Victim b. The accused found there a person wounded or in 4. The child under 7 years of age must be
danger of dying found by the accused in an unsafe place
c. The accused can render assistance without detriment
to himself
d. The accused fails to render assistance
2. Failing to help or render assistance to another whom the
offender has accidentally wounded or injured
3. Failing to deliver a child, under 7 years of age whom the
offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place
276 1. That the offender has the custody of a child A Mayor and a 1. When there is intent to kill this article does
Abando-ning 2. That the child is under 7 years of age fine not not apply
a Minor 3. That he abandons such child exceeding P500 2. Intent to kill cannot be presumed from the
4. That he has not intent to kill the child when the latter is death of a child
abandoned PC medium and a. Crimes against Persons – intent to kill is
maximum – presumed
Qualifying Circumstances: results in death b. Crimes against Security – intent to kill is
1. When death of the minor resulted from such of minor not presumed
abandonment, or PC minimum and 3. A permanent, conscious and deliberate
2. if the life of the minor was in danger because of the medium – abandonment is required by this article
abandonment endanger life of 4. Parents guilty of abandoning their children
minor shall be deprived of parental authority
277 Acts Punished: A Mayor and a 1. Rear – bring to maturity by educating,
Abandon- 1. By delivering a minor to a public institution or other fine not nourishing,
ment of persons without the consent of the one who entrusted exceeding P500 2. Only the person charged with “the rearing or
Minor by such minor to the care of the offender or, in the absence education” of the minor is liable
Person of that one, without the consent of the proper authorities 3. Article 276 Distinguished from Article 277
Entrusted a. The offender has charge of the rearing/education of a a. Article 276 – the custody of the offender
with His minor is general; Article 277 – the custody of
Custody; b. He delivers minor to a public institution or other the offender is specific (custody for the
Indifference persons rearing or education of minor)
of Parents c. The one who entrusted such child to the offender has b. Article 276 – minor is under 7; Article
not consented to such act; or if the one who entrusted 277 – minor is under 21 [18]
such child to the offender is absent, the proper c. Article 276 – minor is abandoned in such
authorities have not consented to it a way as to deprive him of the care and
2. By neglecting his (offender’s) children by not giving them protection that his tender years need;
the education which their station in life requires and Article 277 – minor is delivered to a
financial condition permits public institution or other person
a. That the offender is a parent 4. Failure to give education must be due to

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b. That he neglects his children by not giving them deliberate desire to evade such obligation
education
c. That his station in life requires such education and his
financial condition permits it
278 Acts Punished: PC in minimum 1. Exploitation of minors distinguished from
Exploitation 1. By causing any boy or girl under 16 to perform any and medium and Inducing a minor to abandon his home
of Minors dangerous feat of balancing, physical strength or a fine not a. Exploitation of minors – if the purpose is
contortion, the offender being any person exceeding P500 to follow any of the mentioned callings;
2. By employing children under 16 who are not the children Inducing Minor – if there is no such
or descendants of the offender in exhibitions of acrobat, Maximum period purpose
gymnast, rope walker, diver, or wild-animal tamer, the – if delivery shall b. Exploitation – victim must be under 16;
offender being an acrobat, etc. or circus manager or have been made Inducing minor – minor under 21 [18]
person engaged in a similar calling in consideration 2. Offender shall be deprived of parental
3. By employing any descendant under 12 in dangerous of any price, authority or guardianship
exhibitions enumerated in the next preceding paragraph, compensation, or 3. Exploitation of minors must refer to act
the offender being engaged in any of the said callings promise endangering the life or safety of the minor
4. By delivering a child under 16 gratuitously to any person 4. Qualifying Circumstance – if delivery is made
following any of the calling enumerated in paragraph 2, or in consideration of any price, compensation
to any habitual vagrant or beggar, the offender being an or promise
ascendant, guardian, teacher, or person entrusted in any
capacity with the care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants, guardians, curators, or teachers to follow any
person engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or
beggar, the offender being any person
279 The imposition of the penalties prescribed in the preceding
Additional articles, shall not prevent the imposition upon the same
Penalties person of the penalty provided for any other felonies defined
and punished by this Code.
280 1. That the offender is a private person A Mayor and fine 5. If the offender is a public officer, the crime
Qualified 2. That he enters the dwelling of another note exceeding would be violation of domicile
Trespass to 3. That such entrance is against the latter’s will P1,000 6. Lack of permission does not amount to
Dwelling prohibition, there must be opposition on the
Exceptions: PC medium and part of the owner of the house to the entry
1. If the entrance to another’s dwelling is made for the maximum and of the accused
purpose of preventing some serious harm to himself, the fine not 7. Prohibition may be implied in certain
occupants of the dwelling or a 3rd person exceeding instances (e.g. considering time, door was
2. If the purpose is to render some service to humanity or P1,000 – closed, etc.)
justice committed by 8. Prohibition must be in existence prior to or
3. If the place where entrance is made is a café, tavern, inn, means of at the time of the entrance
and other public houses, while the same are still open violence 9. What is intended to be protected and
preserved is the privacy of one’s dwelling

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Qualifying Circumstance – if the offense is committed by 10. Violence does not refer to persons only
means of violence or intimidation 11. Violence or intimidation may take place
immediately after the entrance
Dwelling Place – any building or structure exclusively devoted 12. Trespass may be committed by owner of
for rest and comfort dwelling
13. If there is no overt act to commit another
crime, the crime is only trespass to dwelling
281 1. That the offender enters the closed premises or the fenced A Menor or a fine 1. Premises – distinct and definite locality
Other Forms estate of another not exceeding 2. Art 281 Distinguished from Trespass to
of Trespass 2. That the entrance is made while either of them is P200, or both Dwelling:
uninhabited a. Trespass – offender is private person;
3. That the prohibition to enter be manifest Other Trespass – any person
4. That the trespasser has not secured the permission of the b. Trespass – offender enters a dwelling
owner or the caretaker thereof house; Other Trespass – enters closed
premises or fenced in estate
c. Trespass – inhabited; Other Trespass –
uninhabited
d. Trespass – against the will of the owner;
Other Trespass – without securing
permission of owner or caretaker
e. Trespass – prohibition is
express/implied; Other Trespass –
prohibition to enter is manifest
282 Acts Punished: Penalty next 1. Penalty will depend on whether or not
Grave 1. By threatening another with the infliction upon his person , lower in degree offender attained his purpose; if the threat is
Threats honor or property or that of his family of any wrong than that not subject to a condition, the penalty is
amounting to a crime and demanding money or imposing prescribed by fixed
any other condition, even thought not unlawful, and the law for the crime 2. Qualifying Circumstances:
offender attained his purpose he threatened to a. Threat made in writing
a. That the offender threatens another person with the commit b. Threat made thru a middleman
infliction upon the latter’s person, honor or property, Penalty lower by 3. Third form of grave threats must be serious
or upon that of the latter’s family, of any wrong 2 degrees – if and deliberate
b. That such wrong amounts to a crime offender did not 4. If the threat is made in a heat of anger, it is
c. That there is a demand for money or that any other attain his not punished under this article
condition is imposed, even though not unlawful purpose 5. If the condition is not proved, it is grave
d. That the offender attains his purpose threats under sub-paragraph 2
2. By making such threat without the offender attaining his Maximum Period 6. Essence of the crime of threats is
purpose – if threat in intimidation
3. By threatening another with the infliction upon his person, writing or thru a 7. The act threatened to be committed must be
honor or property or that of his family of any wrong middleman wrong
amounting to a crime, the threat not being subject to a 8. Grave threats may be committed even if the
condition A Mayor and a complainant is absent when challenge is
a. That the offender threatens another person with fine not made

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the infliction upon the latter’s person, honor, or exceeding P500 9. Crime of grave threats is consummated as
property, or upon the latter’s family, of any wrong – if no condition soon as the threats come to the knowledge
b. That such wrong amounts to a crime of the person threatened
c. That the threat is not subject to a condition 10. Threats made in connection with the
commission of other crimes are absorbed by
the latter.
11. The offender in grave threats does not
demand the delivery on the spot of the
money or other personal property asked of
him (crime of robbery)
283 1. That the offender makes a threat to commit a crime A Mayor 1. Light threats are committed in the same
Light Threats 2. That the wrong does not constitute a crime manner as grave threats, except that the act
3. That there is a demand for money or that other condition threatened to be committed should not be a
is imposed, even though not lawful crime
4. That the offender has attained or not attained his purpose 2. Blackmailing may be punishable under this
article

284 Required to Give Bail not to Molest Another: Destierro Compared with Article 35
Bond for 1. When he threatens another under the circumstances 1. Art. 35 is a distinct penalty which provides
Good mention in Article 282 for bond to keep the peace; this article
Behavior 2. When he threatens another under the circumstances provides for bond for good behavior
mention in Article 283 2. Article 35 not made applicable to any
particular case; this article applicable only to
cases of grave and light threats
3. Failure to give in Article 35 – detained; this
article – destierro
285 1. By threatening another with a weapon, or by drawing such A Menor 1. Article 285 compared with Article 282 and
Other Light weapon in a quarrel, unless it be in lawful self-defense minimum or a 283
Threats a. Threatening to draw a weapon, even if there is no fine not a. Article 285 Par. 2 is similar to 3rd form of
quarrel exceeding P200 grave threats because the harm
b. Drawing a weapon in a quarrel, which is not in lawful threatened to be committed is a crime
self-defense b. Article 285 Par. 3 is similar to light
2. By orally threatening another, in the heat of anger, with threats, because harm threatened to be
some harm constituting a crime, without persisting in the committed is not a crime
idea involved in his threat c. Article 285 – there is no demand for
3. By orally threatening to do another any harm not money or condition or threat is not
constituting a felony deliberate
2. Threats, which ordinarily would be grave
threats, if made in heat of anger, may fall
under this article
3. Light threats may be committed where the
person to whom it is directed is absent

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286 Ways to Commit: PC and a fine not 1. What is prevented must not be prohibited by
Grave 1. By preventing another, by means of violence, threats or exceeding law
Coercions intimidation, from doing something not prohibited by law P6,000 2. The act of preventing by force must be made
2. By compelling another, by means of violence, threats or at the time the offended party was doing or
intimidation, to do something against his will, whether it Penalty next about to do the act to be prevented
be right or wrong higher in degree 3. If the act was already done when violence is
– violation of exerted, the crime is unjust vexation.
Elements: right of suffrage; 4. Compelling another to do something includes
1. That a person prevented another from doing something or committed to the offender’s act of doing it himself while
not prohibited by law, or that he compelled him to do compel another subjecting another to his will
something against his will, be it right or wrong to perform any 5. When the complainant is in actual
2. That the prevention or compulsion be effected by violence, religious act; or possession of a thing, even if he has not
threats or intimidation committed to right to that possession, compelling him by
3. That the person that restrained the will and liberty of prevent another means of violence to give up possession,
another had not the authority of law or the right to do so, from performing even by owner, is grave coercion
or, in other words, that the restraint shall not be made any religious act 6. Not intimidation by display of force, if arms
under authority of law or in the exercise of lawful right are not used
Coercion Distinguished from Illegal Detention: 7. The force or violence must be immediate,
- illegal detention requires actual confinement or actual or imminent
restraint of the person 8. There is no grave coercion when the accused
acts in good faith in performance of duty
9. Purpose of Law – enforce the principle that
no person may take the law into his own
hands
10. Coercion is consummated even if the
offended party did not accede to the purpose
of the coercion
287 1. That the offender must be a creditor A Mayor in 1. Actual physical violence need not be
Light 2. That he seizes anything belonging to his debtor minimum and employed
Coercions 3. That the seizure of the thing be accomplished by means of fine equivalent to 2. Unjust vexation – includes any human
violence or a display of material force producing value of thing, conduct which, although not productive or
intimidation but in no case some physical or material harm would,
4. That the purpose of the offender is to apply the same to less than P75 however, unjustly annoy or vex an innocent
the payment of the debt A Menor or a fine person
P5-P200, or both 3. There is no violence or intimidation in unjust
– any other vexation
coercion or 4. Difference between grave and light coercion:
unjust vexation use of violence
5. When the act of the accused has no
connection with previous acts of violence, it
is only unjust vexation
288 1. By forcing or compelling, directly or indirectly, or A Mayor or a fine 1. Laborers or employees have the right to
Other Similar knowingly permitting the forcing or compelling of the ranging from receive just wages in legal tender

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Coercions laborer or employee of the offender to purchase P200 - P500, or 2. Inducing an employee to give up any part of
merchandise or commodities of any kind both his wages by force, stealth, intimidation,
a. That the offender is any person, agent or officer of any threat or by any other means is unlawful
association or corporation under the Labor Code, not under the RPC
b. That he or such firm or corporation has employed
laborers or employees
c. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation
2. By paying wage due his laborer or employee by means of
tokens or objects other than the legal tender currency of
the Philippines, unless expressly requested by such laborer
or employee
a. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects
b. That those tokens or objects are other than the legal
tender currency of the Philippines
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or objects
289 1. That the offender employs violence or threats, in such a A Mayor and a 1. The act should not be a more serious
Formation, degree as to compel or force the laborers or employers in fine not offense, otherwise it shall be punished under
Maintnance, the free and legal exercise of their industry or work exceeding P300 another article
and 2. That the purpose is to organize, maintain or prevent 2. Peaceful picketing is part of freedom of
Prohibition of coalitions of capital or labor, strike of laborers or lockout of speech and is not prohibited
Combina-tion employers 3. Employing violence or making threats by
of Capital or picketers may make them liable for coercion
Labor 4. Preventing employee from joining any
registered labor organization is punished
under the LC and not under the RPC
290 1. That the offender is a private individual or even a public PC in minimum 1. Seize – to place in the control of someone a
Discovery of officer not in the exercise of his official functions and medium and thing or to give him the possession thereof
Secrets Thru 2. That he seizes the papers or letters of another a fine note 2. There must be a taking possession of papers
Seizure of 3. That the purpose is to discover the secrets of such another exceeding P500 or letters of another, even for a short time
Correspondenc
person if offender only
e
4. That offender is informed of the contents of the papers or reveals secrets 3. The purpose of the offender must be to
letters seized discover the secrets of another
A Mayor and a 4. The offender must be informed of contents
Exception: Article 290 not applicable to parents, guardians, fine not of papers or letters
or persons entrusted with the custody of minors with respect exceeding P500 5. This article does not require that the
to papers or letters of the children or minors placed under if offender shall offended party be prejudiced

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their care or custody, or to spouses with respect to the papers not reveal such 6. Qualifying Circumstance: revealing the
or letters of either of them secrets secret
7. Distinguished from Public Officer Revealing
Secrets of Private Individual (Article 230):
a. Article 230 – public officer comes to
know secrets by reason of his office
b. Article 290 – private individual who
seizes papers of another to discover
secrets of latter
291 1. That offender is a manager, employee or servant A Mayor and fine 1. Secrets must be learned by reason of their
Revealing 2. That he learns of the secrets of his principal or master in not exceeding employment
Secrets with such capacity P500 2. The secrets must be revealed by the
Abuse of 3. That he reveals such secrets offender
Office 3. If the offender does not reveal the secrets,
the crime is not committed
4. Damage is not necessary under this article
292 1. That offender is a person in charge, employee or workman PC minimum and 1. Secrets must relate to manufacturing
Revelation of of a manufacturing or industrial establishment medium and a processes
Industrial 2. That the manufacturing or industrial establishment has a fine not 2. The act constituting the crime is revealing
Secrets secret of the industry which the offender has learned exceeding P500 the secret of the industry or employer
3. The offender reveals such secrets 3. Revelation may be made after employee has
4. That prejudice is caused to the owner ceased to be connected with the
establishment
4. Prejudice is an essential element of the
offense
293 Classification: 1. The property taken must be personal
Who are 1. Robbery with violence against, or intimidation of persons property and not real property.
Guilty of (RVAIP) 2. Prohibitive articles may be subject matter of
Robbery 2. Robbery with the use of force upon things (RFUT) robbery
a. Robbery in Inhabited House or Public Building or 3. The property must belong to another
Edifice devoted to Public Worship 4. Ownership is not necessary; the possession
b. Robbery in Uninhabited House or in a Private Building of property is sufficient
5. Naming of the owner is a matter of essential
Elements of Robbery in General: description of the crime of robbery with
1. That there be personal property belonging to another homicide and not in RVAIP or RFUT
2. That there is unlawful taking of that property 6. The personal property is taken against will of
3. That the taking must be with intent to gain owner
4. That there is violence against or intimidation of any 7. Taking must be unlawful
person, or force upon anything 8. Unlawful Taking is complete:
a. RVAIP – from moment offender gains
Those Guilty of Robbery – Any person who, with intent to possession of the thing
gain, shall take any personal property belonging to another, by b. RFUT – thing must be taken out of
means of violence against or intimidation of any person, or building

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using force upon anything, shall be guilty of robbery 9. Taking means depriving offended party of
ownership of thing taken with character of
Distinctions Between Effects of Employment of VAIAP permanency
and those of use FUT: 10. Intent to gain is presumed from unlawful
1. Whenever violence against or intimidation of any person is taking of personal property
used, the taking is always robbery; If there is no violence 11. “Intent to gain” and “personal property
or intimidation, but only FUT, taking is robbery if force is belonging to another” must concur
used to either enter building or to break doors, etc. 12. Violence must be against person of offended
party and not upon thing taken
2. In RVAIP, value of personal property is immaterial; penalty 13. Intimidation need not be threat of bodily
depends on: harm
a. result of violence used 14. General Rule: Violence or intimidation
b. existence of intimidation only must be present before taking personal
property is complete
3. In RFUT, the penalty is based on: Exception: When violence results in (1)
a. Value of property taken homicide, (2) rape, (3) intentional
b. On whether or not the offenders carry arms mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263,
In RFUT in an uninhabited building, the penalty is based taking of personal property is complexed
on the value of the property taken with any of those crimes under Art. 294,
even if taking was already complete when
violence was used by the offender
15. Taking of property need not be immediately
after the intimidation
16. R.A. 6539 is the law applicable when
property taken in robbery is a motor vehicle
294 Acts Punished: RP to death – Robbery with Homicide
Robbery with 1. When by reason or on occasion of robbery, crime of paragraph 1 (no. 1. Crime defined in this article is a special
Violence homicide is committed 1 and 2) complex crime
Against or 2. When robbery is accompanied by rape or intentional 2. “On the occasion” or “by reason” means that
Intimidation mutilation or arson RT medium to RP it must be committed in the course of or
of Persons 3. When by reason or on occasion of such robbery, any of the – paragraph 2 because of the robbery
physical injuring resulting in insanity, imbecility, impotency (no. 3) 3. Robbery and homicide are separate offenses,
or blindness is inflicted when the homicide was not committed “on
4. When by reason or on occasion of such robber, any of the RT – paragraph 3 occasion” or “by reason” of robbery
physical injuries resulting in loss of use of speech or the (no. 4) 4. Homicide – should be understood in general
power to hear or to smell, or the loss of an eye, a hand, a sense
foot, an arm, or a leg or the loss of the use of any such PM maximum to 5. Juridical concept of robbery with homicide
member or incapacity for the work in which the injured RT medium – does not limit taking of life to 1 single victim
person is theretofore habitually engaged is inflicted paragraph 4 (no. or to ordinary homicide – all homicides or
5. If the violence or intimidation employed in the commission 5 and 6) murders are merged in the composite,
of the robbery is carried to a degree clearly unnecessary integrated whole that is robbery with
for the commission of the crime PC maximum to homicide so long as all the killings were

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6. When in the course of its execution, the offender shall PM medium – perpetrated by reason or on the occasion of
have inflicted upon any person not responsible for the paragraph 5 (no. the robbery
commission of the robbery any of the physical injuries in 7) 6. There is no such crime as robbery with
consequence of which the person injured becomes murder
deformed or loses any other member of his body or loses 7. Robbery with homicide in dwelling does not
the use thereof or becomes ill or incapacitated for the require that RFUT is first committed
performance of the work in which he is habitually engaged 8. An intent to take personal property
for more than 90 days or the person injured becomes ill or belonging to another with intent to gain
incapacitated fro labor for more than 30 days must precede killing
7. If the violence employed by the offender does not cause 9. Homicide may precede robbery or may occur
any of the serious physical injuries defined in Art. 263, or after robbery
if the offender employs intimidation only 10. The killing of any person by reason of or on
occasion of robbery is punished by highest
Requisites of Robbery under Second Case of Paragraph penalty regardless of the person killed, and
4: even if death supervened due to an accident.
1. That any of the physical injuries defined in paragraphs 3 11. Where homicide is not proved, the crime is
and 4 of Art. 263 was inflicted in the course of the robbery only robbery and vice versa
2. That any of them was inflicted upon any person not 12. An accessory to robbery with homicide must
responsible for the commission of the robbery have knowledge of the commission of both
crimes to be liable, not just robbery
RVAIP under Paragraph 5 of Art. 294
- known as simple robbery, because the violence against any Robbery with Rape
person does not result in homicide, rape, intentional 1. Even if the rape is committed at another
mutilation, or any serious physical injuries that give rise to place, it is still robbery with rape
a special complex crime 2. There is no such crime as robbery with
Threats to Extort Money Distinguished from Robbery attempted rape, because robbery cannot be
Thru Intimidation: a necessary means to commit attempted
1. Both, there is intimidation by offender rape or vice versa
2. Both, purpose is identical: to obtain gain 3. When taking of personal property is an
3. In robbery, intimidation is actual and immediate; In independent act following defendant’s failure
threats, intimidation is conditional or future to consummate the rape, there are 2 crimes:
4. In robbery, intimidation is personal; In threats, it may be theft and attempted rape
done thru an intermediary 4. Additional rapes committed on same
5. In robbery, intimidation is directed only to person of occasion of robbery will not increase penalty
victim; In threats, intimidation may refer to person, honor 5. If rape and homicide with robbery co-exist,
or property of offended party or that of his family the rape will be considered as an
6. In robbery, gain of culprit is immediate; in threats, gain is aggravating circumstance
not immediate
Robbery Under Paragraph 5:
Robbery with Violence Distinguished from Grave 1. Violence/intimidation need not be present at
Coercion: any time before or at exact moment when
1. Both, there is violence used by offender object taken
2. In robber, there is intent to gain; in grave coercion, there 2. Reason: Asportation is a complex fact, a

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is not such element whole divisible into parts, a series of acts, in


course of which personal
Robbery and Bribery Distinguished: violence/intimidation may be injected
1. Robbery if victim did not commit a crime and is 3. In robbery with intimidation, there must be
intimidated with arrest and/or prosecution to deprive him acts done by the accused which, either by
of his personal property; Bribery when victim has their own nature or by reason of the
committed a crime and give money or gift to avoid arrest circumstances under which they are
or prosecution executed, inspire fear in person against
2. In robbery, victim is deprived of money/property by force whom they are directed
or intimidation; in bribery, he parts with money/property
in a sense voluntarily
295 Qualifying Circumstances in RVAIP: Maximum period 1. Any of the qualifying circumstances must be
Robbery with 1. in an uninhabited place, or of proper alleged
Physical 2. by a band, or penalties 2. Being qualifying, it cannot be offset by a
Injuries, 3. by attacking a moving train, street car, motor vehicle or generic mitigating circumstance
committed airship, or 3. The intimidation with use of firearm qualifies
Uninhabited 4. by entering passengers’ compartments in a train, or in any only robbery on a street, road, etc.
Place and by manner taking the passengers thereof by surprise in the 4. Article 295 does not apply to robbery with
a band, or respective conveyances homicide, or rape, or serious physical
use of 5. on a street, road, highway, or alley, and the intimidation is injuries under par. 1 or Art. 263
Firearm made with the use of firearms
296 Outline: Maximum period 1. To avoid liability, there must be proof that he
Definition of 1. When at least 4 armed malefactors take part in of corresponding made an endeavor to prevent the assault
a Band and commission of a robbery, it is deemed to be committed by penalty provided committed by another member of the band,
Penalty a band by law, without in order that he may not be held liable for
Incurred 2. When any of the arms used in the commission of robber is prejudice to such assault
not licensed, the penalty upon ALL the malefactors shall criminal liability 2. Clubs are considered as arms
be the maximum period of corresponding penalty provided for illegal 3. When the robbery was not committed by a
by law, without prejudice to criminal liability for illegal possession of band, the robber who did not take part in
possession of such unlicensed firearms such unlicensed the assault by another is not liable for that
3. Any member of a band who was present at the firearms assault
commission of a robbery by the band, shall be punished as 4. When robbery was not by a band and
principal of any of the assaults committed by the band, homicide was not determined by the accused
unless it be shown that he attempted to prevent the same when they plotted the crime, the one who
did not participate in the killing is liable for
Requisites for Liability for Acts of the Other Members of robbery only
the Band: 5. When there is conspiracy to commit
1. That he was a member of the band homicide and robbery, all the conspirators,
2. That he was present at commission of a robbery by that even if less than 4 armed men, are liable for
band special complex crime of robbery with
3. That the other members of the band committed an assault homicide
4. That he did not attempt to prevent the assault 6. Member must be present at the commission
of the robbery to be held liable

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7. Proof of conspiracy not necessary when 4 or


more armed persons committed robbery
8. Use of firearm, whether licensed or
unlicensed, in making the intimidation is a
qualifying circumstance in any of the
paragraphs 3, 4 and 5 of Art. 294 is
committed on a street, etc.
297 RT maximum to 1. “Homicide” is used in its generic sense
Attempted RP, unless 2. Penalty is the same, whether attempted or
and homicide frustrated
Frustrated committed shall 3. Not attempted or frustrated if there is not
Robbery deserve a higher overt act of robbery
Committed penalty under 4. Robbery with Homicide and attempted or
Under Certain the RPC frustrated robbery with Homicide are special
Circumstance complex crimes
s 5. Article 48 is applicable when offense
committed is attempted or frustrated
robbery with serious physical injuries

337 1. Offended party is a virgin, which is presumed if she is 1. People vs. Balbar (direct assault and act of
Qualified unmarried and of good reputation lasciviousness in a classroom where offended
Seduction 2. that she must be over 12 and under 18 years of age party conduct her classes) – the presence or
3. that the offender has sexual intercourse with her absence of lewd designs is inferred from the
4. That there is abuse of authority, confidence or relationship nature of the acts themselves and the
on the part of the offender environmental circumstances. Considering
the manner, place and time under which the
acts were done, lewd designs can be hardly
attributed to Balbar.
2. US vs. SUAN – there is no seduction when
the offended party had other illicit
relationships with other men. SEDUCTION
lies on the chaste character or the woman.
338 1. That the offended party is over 12 and under 18 years of A Mayor 1. If the girl is under 12, the crime is rape; if
Simple age she is over 18, and there is no force or
Seduction 2. That she must be of good reputation, single or widow intimidation or she is not unconscious or
3. That the offender has sexual intercourse with her otherwise deprived of reason, there is no
4. That it is committed by means of deceit crime, even if deceit was used
2. Virginity of the offended party is not required
3. There must be sexual intercourse, otherwise,
the crime is acts of lasciviousness
4. A man is liable though willing to marry girl
seduced by him
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5. Promise of marriage by a married man or


after sexual intercourse is not seduction
6. There is no continuing offense of seduction
7. Purpose: to punish the seducer
8.
339 1. That the offender commits acts of lasciviousness or A Mayor 1. Male cannot be offended party in this crime
Acts of lewdness 2. It is necessary that crime is committed
Lasciviousnes 2. That the acts are committed upon a woman who is a virgin under circumstances which would make it
s with or single or widow of good reputation, under 18 years of qualified or simple seduction had there been
Consent of age but over 12 years, or a sister or descendant sexual intercourse, instead of acts of
Offended regardless of her reputation or age lewdness only
Party 3. That the offender accomplishes the acts by abuse of 3. Distinguished from Acts of Lasciviousness
authority, confidence, relationship, or deceit (336)
a. Both treat of acts of lasciviousness
b. Art. 336 – acts are committed under
circumstances which, had there been
carnal knowledge, would amount to rape
c. Art. 339 – acts of lasciviousness are
committed under the circumstances
which, had there been carnal knowledge,
would amount to either qualified
seduction or simple seduction
340 1. Offender is person under age PM – to satisfy 1. Habituality or abuse of authority or
Corruption of 2. Person promotes or facilitates prostitution or corruption of lust of another confidence is not necessary
Minors person under age 2. One who casts for his own lust is not liable
3. Purpose is to satisfy lust of another In addition, TAD here
– public officer or 3. Single act without abuse of authority or
employee confidence is now a crime
4. Not necessary that unchaste acts have been
done
5. Victim must be of good reputation, not a
prostitute, or corrupted person
6. A mere proposal will consummate offense
341 Acts Penalized: PC medium and 1. One of the mentioned acts is sufficient to
White Slave 1. Engaging in business of prostitution maximum constitute the offense
Trade 2. Profiting by prostitution 2. Habituality is not a necessary element
3. Enlisting services of women for the purpose of prostitution 3. Person engaged in the business of
prostitution need not be owner of the house
4. Maintainer or manager of house of ill-repute
need not be present therein at time of raid
or arrest to be liable
342 1. That the person abducted is any woman, regardless of her RT 1. Woman abducted may be married
Forcible age, civil status, or reputation 2. Virginity is not an essential element of this

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Abduction 2. That the abduction is against her will crime


3. That the abduction is with lewd designs 3. Crimes against Chastity where age and
reputation are immaterial: rape, acts of
lasciviousness agains the will or without the
consent of offended party, qualified
seduction of sister or descendant, and
forcible abduction
4. When female is under 12, it is not necessary
that she be taken against her will
5. Sexual intercourse is not necessary
6. Lewd designs may be shown by the conduct
of the accused
7. when there are several defendants, it is
enough that one has lewd designs
8. Husband is not liable for abduction of wife
9. Nature of Crime: violative of individual
liberty of abducted, her honor and reputation
and public order
10. Distinguished from Grave Coercion:
a. In both – there is violence or
intimidation by offender
b. Grave Coercion – no element of lewd
design
11. Distinguished from
343 1. That the offender must be a virgin PC minimum and 1. If offender is under 12, it is forcible
Consented 2. That she must be over 12 and under 18 years of age medium abduction.
Abduction 3. That the taking away of the offended praty must withoher 2. The taking away of the girl need not be with
consent after solicitation or cajolery from the offender some character of permanency
4. That the taking away of the offended party must be with 3. Abductor need not actually and personally
lewd designs have taken the abducted female from her
parents’ home, or induced her to abandon it;
Purpose of Law: prescribe punishment for the disgrace to her it is sufficient that he was instrumental in
family and the alarm caused therein her escape
4. When there was no solicitation of cajolery
Virginity is not to be understood in a material a sense as to and no deceit and the girl voluntarily went
exclude the idea of abduction of a virtuous woman of good with man, there is no crime committed even
reputation if they had sexual intercourse
5. Actual sexual intercourse is not necessary,
since the important element is merely lewd
designs
344 1. Adultery and concubinage must be prosecuted upon 2. The court motu proprio can dismiss the case
Prosecution complaint signed by the offended party for failure of the aggrieved party to file the
of Crimes of 2. Seduction, abduction or acts of lasciviousness must be proper complaint
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Adultery, prosecuted upon complaint signed by: 3. Rape may be prosecuted de oficio
Concubinage, a. Offended party,
4. Imputation of crime of prostitution against a
Abduction, b. Her parents,
woman can be prosecuted de oficio.
Rape, and c. Grandparents, or
5. Adultery or Concubinage
Acts of d. Guardians in the order in which they are named above
a. Only offended spouse can file the
Lasciviousnes
complaint
s Underlying Principle why Crimes against Chastity Cannot be
b. Both parties, if both alive, must be
Prosecuted de oficio: out of consideration for the offended
included in complaint
woman and her family who might prefer to suffer the outrage
c. Both parties must be included even if
in silence rather than go thru with the scandal of a public trial
one of them is not guilty
6. Seduction, Abduction or Acts of
Guardian – legal, not natural guardian, that is, guardian
Lasciviousness
legally appointed in accordance with the provision of the law
a. The right to file action granted to
parents, grandparents or guardian shall
be exclusive of all other persons and
Pardon in Crimes of Chastity:
shall be exercise successively
- only offended party may pardon
b. It is exclusive, because if the parent, for
- Pardon of offended party who is a minor must have
example, refuse to file, the grandparents
concurrence of parents (except: when she has no
cannot file the complaint
parents)
c. When offended party is a minor, her
- Condonation is not pardon in concubinage or adultery;
parents may file complaint
any act of infidelity subsequent to condonation
d. When offended party is of age, and she
constitutes a new offense
is complete possession of her mental and
physical faculties, she alone can file the
1. Adultery or Concubinage – bars prosecution of crime
complaint
- effective if made:
e. The father, if living, is not necessarily
a. Before the institution of the criminal action, and
preferred to the mother in filing the
b. Both offenders must be pardoned by both parties
complaint
2. Acts of Lasciviousness, Seduction and Abduction – bars
7. Complaint must be filed in court, not with
prosecution of crime
the fiscal
a. must be EXPRESS
8. Rape complexed with another crime (a public
b. Before the institution of criminal action
crime) need not be signed by offended
woman
9. Actual Marriage with offended party
a. Extinguishes criminal action or remits
the penalty already imposed
b. Benefits the co-principals, accomplices
and accessories
10. Marriage between parties guilty of adultery
or concubinage does not extinguish the
criminal action

/vvverga Second Semester, AY 2004-2005 Page 72 of 75


Criminal Law II Reviewer
Criminal Law II Reviewer Vena V. Verga

345 Seduction or Abduction: 1. Under the RPC, there is no civil liability for
Civil Liability 1. To indemnify the offended woman acts of lasciviousness
of Persons 2. To acknowledge offspring, unless the law should prevent 2. Reasons for Indemnity in Adultery or
Guilty of him form doing so Concubinage: acknowledgment of offspring
Crimes 3. In every case, to support the offspring is not legally possible, support is not
Against included, because the person who give birth,
Chastity Adultery or Concubinage if at all, is one of the offenders and not the
- Indemnify damages caused to offended spouse offended party
3. Moral damages are recoverable by both
offended party and her parents
4. Under the Family Code, since children are
classified as legitimate or illegitimate, the
man (adultery or concubinage) should now
be sentenced to support offspring, in
addition to indemnity
346 Persons Liable Penalties Crimes Embraces in Chapters 2, 3 and 4:
Liability of - cooperate as accomplices but are punished as prescribed in 1. Acts of Lasciviousness
Ascendants, principals: Chapters 2, 3, 4 2. Qualified Seduction
Guardians, 1. Ascendants Teachers – TSD 3. Simple Seduction
Teachers or 2. Guardian maximum to PSD 4. Acts of lasciviousness with the consent
Other 3. Curators Other Person – of the offended party
Persons 4. Teachers, and Special 5. Corruption of minors
Entrusted 5. Any other person, who cooperates as accomplice with disqualification 6. White slave trade
with Custody abuse of authority or confidential relationship from filling office 7. Forcible Abduction
of guardian 8. Consented Abduction

365 1. Offended party must choose the civil liability


Imprudence
and
Neligence

/vvverga Second Semester, AY 2004-2005 Page 73 of 75


Criminal Law II Reviewer