Está en la página 1de 23

+ Unlawful KILLING of any person which ISN’T PARRICIDE OR INFANTICIDE,

INTENT → ACT → RESULT → INJURY & PENALTY provided any of the enumerated circumstances is present
Elements:
1) PERSON was KILLED
2) ACCUSED KILLED PERSON
CRIMES AGAINST PERSONS 3) KILLING ATTENDED BY ANY OF FF. QUALIFYING CIRCUSTANCES:
- TREACHERY, taking advantage of SUPERIOR STRENGTH, w/ AID OF ARMED
246. PARRICIDE MEN, employing means to afford IMPUNITY
Elements: - In consideration of PRICE, REWARD, PROMISE
1) PERSON is KILLED - By means of inundation, FIRE, ETC. or any other means involving great waste and
2) DECEASED is KILLED BY ACCUSED ruin
3) DECEASED is RELATED TO ACCUSED: - On occasion of any PUBLIC CALAMITY
- (IL) LEGIT PARENT/CHILD - W/ EVIDENT PREMEDITATION
- LEGIT other ASCENDANT/DESCENDANT - W/ CRUELTY, or OUTRAGING OR SCOFFING AT VIC’S PERSON OR CORPSE
- LEGIT SPOUSE 4) Killing ISN’T PARRICIDE OR INFANTICIDE
PARRICIDE INFANTICIDE + CIRCUMSTANCES must be ALLEGED IN INFO & PROVED IN TRIAL
- based on RELATIONSHIP - based on AGE OF CHILD + INTENT TO KILL NEEDED to be liable for par. 3 (fire, poison, explosion, etc.)
- committed only by - may be committed by + KILLING & ___ = ___
RELATIVES enumerated STRANGERS - RELATIONSHIP, PARRICIDE
- CONSPIRACY - CONSPIRACY - QUALIFYING CIRCUMSTANCE, MURDER
INAPPLICABLE. Separate APPLICABLE. Only one info - NOT > 3 DAYS OLD, INFANTICIDE
info must be filed filed
- concealing mother’s - concealing mother’s + Treachery – purposeful adoption of means such that victim couldn’t have
dishonor not a mitigating dishonor is mitigating anticipated and he wasn’t in a position to defend himself
circumstance + Price, reward, promise (at least 2 are liable) – must’ve been the motivation for the
killing
+ RELATIONSHIP MUST BE ALLEGED IN INFO + Evident premeditation – intent to do something & planned result
- LEGIT except for parent and child + Inundation, fire, poison – latter is something capable of causing death & evinces
- DIRECT LINE purposeful adoption of means
- BY BLOOD except for spouse + Calamity – must’ve facilitated the commission of the crime by concealing it as it’s
done; take advantage of confusion
247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL + Cruelty – inflict unnecessary injuries (doesn’t cause death); prolonging the agony
CIRCUMSTANCES before killing
Req’ts:
1) LEGALLY MARRIED PERSON/PARENT SURPRISES SPOUSE/DAUGHTER 249. HOMICIDE
(latter under 18 and living w/ parent) IN ACT OF COMMITTING SEXUAL + Unlawful KILLING of any person W/C DOESN’T CONSTITUTE PARRICIDE,
INTERCOURSE W/ ANOTHER PERSON MURDER, OR INFANTICIDE
2) S/he KILLS ANY OR BOTH OR INFLICTS upon any or both SERIOUS PHYSICAL Elements:
INJURY IN THE ACT OR IMMEDIATELY THEREAFTER 1) PERSON was KILLED
3) S/he HASN’T PROMOTED OR FACILITATED PROSTITUTION of wife/daughter, or 2) ACCUSED KILLED HIM W/O ANY JUSTIFYING CIRCUMSTANCE
HASN’T CONSENTED TO other spouse’s INFIDELITY 3) Accused had INTENTION TO KILL, w/c is PRESUMED
4) Killing WASN’T ATTENDED BY ANY OF QUALIFYING CIRCUMSTANCES OF
+ Destierro imposed for the protection of the accused against retaliation MURDER, OR by that of PARRICIDE OR INFANTICIDE
+ DEATH caused must be the PROXIMATE RESULT OF OUTRAGE
OVERWHELMING the ACCUSED. Killing should’ve been actually motivated by the + EVIDENCE OF INTENT TO KILL IMPORTANT only IN ATTEMPTED OR
same blind impulse – KILLING DIRECT BY-PRODUCT OF ACCUSED’S RAGE FRUSTRATED HOMICIDE
+ ACCUSED LIABLE for consequence of his NEGLIGENCE, such as when 3RD + INTENT TO KILL usually shown by WEAPON USED AND NATURE & LOCATION
PERSONS IN THE VICINITY ARE HURT IN THE COURSE OF WOUND
+ There’s a presumption of intention to kill
248. MURDER + USE OF UNLICENSED FIREARM is an AGGRAVATING CIRCUMSTANCE in
homicide
+ ACCIDENTAL HOMICIDE: death of a person brought about by a lawful act 3) ACCUSED KILLED SAID CHILD
performed with proper care and skill, and without homicidal intent
+ BASIS of crime: AGE OF CHILD
250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE + ONLY THE MOTHER & MATERNAL GRANDPARENTS OF THE CHILD are
ENTITLED TO the MITIGATING CIRCUMSTANCE OF CONCEALING THE
251. DEATH CAUSED IN A TUMULTUOUS AFFRAY DISHONOR
Elements:
1) SEVERAL PERSONS 256. INTENTIONAL ABORTION
2) DIDN’T COMPOSE GROUPS ORGANIZED FOR ASSAULTING & ATTACKING Elements:
EACH OTHER reciprocally 1) PREGNANT WOMAN
3) PERSONS QUARRELLED & ASSAULTED ONE ANOTHER IN CONFUSED & 2) ONE OF THE FF:
TUMULTUOUS MANNER - VIOLENCE is EXERTED
4) SOMEONE was KILLED in course of affray - DRUGS/BEVERAGES ADMINISTERED W/O WOMAN’S CONSENT
5) CAN’T BE ASCERTAINED WHO KILLED DECEASED - ACCUSED ACTS UPON SUCH PREGNANT WOMAN W/ HER CONSENT
6) PERSONS WHO INFLICTED SERIOUS PHYSICAL INJURIES OR USED 3) As a RESULT OF #2, FETUS DIES, ETIHER IN THE WOMB OR AFTER HAVING
VIOLENCE CAN BE IDENTIFIED BEEN EXPELLED THEREFROM
4) ABORTION is INTENDED
+ Per 153: TUMULTUOUS = AT LEAST 4 PERSONS TOOK PART
+ Those who used violence only upon vic’s person are liable for 251 only if it can’t be + PERSON WHO INTENTIONALLY CAUSED ABORTION LIABLE. If WOMAN
determined who inflicted the serious physical injuries on the deceased CONSENTED, SHE’S LIABLE UNDER 258
+ If FETUS could SUSTAIN INDEPENDENT LIFE AFTER ITS SEPARATION FROM
252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY the MATERNAL WOMB, AND IT’S KILLED, crime is INFANTICIDE
Elements:
1) TUMULTUOUS AFFRAY 257. UNINTENTIONAL ABORTION
2) PARTICIPANT/S SUFFER (LESS) SERIOUS PHYSICAL INJURIES Elements:
3) PERSON RESPONSIBLE CAN’T BE IDENTIFIED 1) PREGNANT WOMAN
4) ALL those WHO APPEAR TO HAVE USED VIOLENCE UPON PERSON OF 2) VIOLENCE USED UPON SUCH PREGNANT WOMAN W/O INTENDING AN
OFFENDED PARTY are KNOWN ABORTION
3) VIOLENCE is INTENTIONALLY EXERTED
253. GIVING ASSISTANCE TO SUICIDE 4) As a RESULT OF VIOLENCE THE FETUS DIES, either IN THE WOMB OR
Punished acts: AFTER HAVING BEEN EXPELLED THEREFROM
1) ASSISTING ANOTHER TO COMMIT SUICIDE, WHETHER suicide is
CONSUMMATED OR NOT + Violence is used without intending abortion
2) LENDING his ASSISTANCE TO ANOTHER TO COMMIT SUICIDE TO the + May be COMMITTED BY STRANGERS
EXTENT OF DOING THE KILLING HIMSELF + NO INTENTION TO CAUSE ABORTION + NO VIOLENCE = NO ABORTION OF
ANY KIND. Can’t be unintentional abortion because no violence was used
+ NECESSARY that the INITIATIVE COMES FROM SICK PERSON – WHAT IS
PUNISHED IS ASSISTANCE IN the COMMISSION OF SUICIDE 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS
+ PERSON WHO ATTEMPTS to commit SUICIDE NOT CRIMINALLY LIABLE Elements:
1) PREGNANT WOMAN WHO SUFFERED an ABORTION
254. DISCHARGE OF FIREARMS 2) ABORTION is INTENDED
Elements: 3) ABORTION is CAUSED BY
1) ACCUSED SHOT AT ANOTHER person W/ A FIREARM - PREGNANT WOMAN herself
2) Accused had NO INTENTION TO KILL - ANY OTHER PERSON, W/ HER CONSENT
- ANY OF HER PARENTS, W/ HER CONSENT FOR the purpose of CONCEALING
+ OFFENDER’S PURPOSE: INTIMIDATE OR FRIGHTEN OFFENDED PARTY HER DISHONOR

255. INFANTICIDE + NO MITIGATION FOR PREGNANT WOMAN’S PARENTS unlike in infanticide


+ KILLING OF any CHILD LESS THAN 3 DAYS OLD
Elements: 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING
1) CHILD was KILLED OF ABORTIVES
2) DECEASED child was < 3 DAYS (72 HRS) OF AGE Elements:
1) PREGNANT WOMAN WHO SUFFERED an ABORTION 2) Beating
2) ABORTION is INTENDED 3) Assaulting
3) OFFENDER, who’s a PHYSICIAN OR MIDWIFE, CAUSED OR ASSISTED IN 4) Administering injurious substance
CAUSING the ABORTION
4) Said PHYSICIAN/MIDWIFE TOOK ADVANTAGE OF HIS/HER SCIENTIFIC Classes
KNOWLEDGE/SKILL 1) Injured person becomes INSANE, IMBECILE, IMPOTENT, OR BLIND
As to pharmacists: 2) Injured person
1) Offender is a PHARMACIST a) LOSES USE OF SPEECH OR POWER TO HEAR/SMELL, OR LOSES
2) NO PROPER PRESCRIPTION FROM a PHYSICIAN EYE/HAND/FOOT/ARM/LEG
3) Offender DISPENSES ANY ABORTIVE b) LOSES USE OF ANY SUCH MEMBER
c) Becomes INCAPACITATED FOR WORK he was HABITUALLY
260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL ENGAGED
Punished acts: 3) Injured person
1) KILLING one’s ADVERSARY IN A DUEL a) DEFORMED
2) INFLICTING UPON such ADVERSARY PHYSICAL INJURIES b) LOSES ANY OTHER MEMBER OF HIS BODY
3) MAKING A COMBAT although no physical injuries have been inflicted c) LOSES USE THEREOF
d) Becomes ILL OR INCAPACITATED FOR PERFORMANCE OF WORK he
Persons liable: was HABITUALLY ENGAGED IN FOR >90 DAYS
1) PERSON WHO KILLED OR INFLICTED PHYSICAL INJURIES UPON HIS 4) Becomes ILL OR INCAPACITATED FOR LABOR FOR 30≤x≤90 DAYS as a result
ADVERSARY, OR BOTH COMBATANTS IN ANY OTHER CASE, as principals of physical injuries inflicted
2) SECONDS, as accomplices
+ MAY BE COMMITTED BY RECKLESS IMPRUDENCE, OR by SIMPLE
261. CHALLENGING TO A DUEL IMPRUDENCE OR NEGLIGENCE
Punished acts: + Must be NO INTENT TO KILL. If there’s intent to kill, the crime is attempted or
1) CHALLENGING ANOTHER TO A DUEL frustrated homicide/murder
2) INCITING ANOTHER TO GIVE OR ACCEPT a CHALLENGE TO A DUEL + Serious physical injuries by EXCESSIVE CHASTISEMENT BY PARENTS aren’t
3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY FOR HAVING REFUSED qualified
TO ACCEPT A CHALLENGE TO FIGHT A DUEL
264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
+ Immediate vindication of one’s honor Elements:
+ Prohibited – it’s an extralegal means of resolving disputes; contravention of the 1) OFFENDER INFLICTED any SERIOUS PHYSICAL INJURY UPON ANOTHER
justice system 2) Done by KNOWINGLY ADMINISTERING TO HIM any INJURIOUS SUBSTANCES
OR BEVERAGES OR BY TAKING ADVANTAGE OF his WEAKNESS OF MIND OR
262. MUTILATION CREDULITY
+ LOPPING OR CLIPPING OFF OF SOME BODY PART 3) Had NO INTENT TO KILL
Punished acts and elements:
1) INTENTIONALLY MUTILATING ANOTHER BY DEPRIVING HIM, TOTALLY OR 265. LESS SERIOUS PHYSICAL INJURIES
PARTIALLY, OF some ESSENTIAL ORGAN FOR REPRODUCTION Elements:
a) CASTRATION (mutilation of organs necessary for generation, such as the 1) OFFENDED PARTY INCAPACITATED FOR LABOR OR NEEDS MEDICAL
penis or ovarium) ASSISTANCE FOR 10≤x<30 DAYS
b) MUTILATION is CAUSED PURPOSELY & DELIBERATELY, that is, to 2) PHYSICAL INJURIES NOT THOSE DESCRIBED IN PRECEDING ARTS.
deprive offended party of some essential organ for reproduction
2) INTENTIONALLY MAKING OTHER MUTILATION, other than the essential Qualified less serious physical injuries when:
reproductive organ, TO DEPRIVE HIM OF THAT PART OF HIS BODY 1) There’s MANIFEST INTENT TO INSULT OR OFFEND INJURED PERSON
a) MUTILATION INVOLVING BODY PART OTHER THAN an ORGAN FOR 2) Vic is either
REPRODUCTION a) Offender’s PARENTS, ASCENDANTS, GUARDIANS, CURATORS, OR
b) MUTILATION DONE w/ deliberate purpose of DEPRIVING A PERSON TEACHERS
OF THAT BODY PART b) Persons OF RANK OR IN AUTHORITY, PROVIDED the CRIME ISN’T
DIRECT ASSAULT
263. SERIOUS PHYSICAL INJURIES
How committed: 266. SLIGHT PHYSICAL INJURIES AND MALTREATMENTS
1) Wounding Punished acts:
1) Physical injuries w/c INCAPACITATED OFFENDED PARTY FOR LABOR OR 1) Offender commits ACT OF SEXUAL ASSAULT
REQUIRED MEDICAL ATTENDANCE FROM 1≤x≤9 DAYS 2) ACT of sexual assault is COMMITTED BY ANY OF THE FF. MEANS:
2) Physical injuries w/c DIDN’T PREVENT OFFENDED PARTY FROM ENGAGING a) BY INSERTING HIS PENIS INTO ANOTHER’S MOUTH OR ANAL
IN HABITUAL WORK OR DIDN’T REQUIRE MEDICAL ATTENDANCE ORIFICE
3) ILL-TREATMENT OF ANOTHER BY DEED W/O CAUSING ANY INJURY b) BY INSERTING ANY INSTRUMENT OR OBJECT INTO THE GENITAL
OR ANAL ORIFICE OF ANOTHER person
+ It’s only slight physical injury when there’s no medical attendance or incapacity for 3) ACT of sexual assault ACCOMPLISHED UNDER ANY OF THE FF. circumstances:
labor a) BY using FORCE OR INTIMIDATION
+ ONLY SLIGHT PHYSICAL INJURIES when there’s NO EVIDENCE OF ACTUAL b) When the WOMAN is DEPRIVED OF REASON OR otherwise
INJURY UNCONSCIOUS
c) BY means of FRAUDULENT MACHINATION OR GRAVE ABUSE OF
RA 8049 – HAZING REGULATION ACT AUTHORITY
+ Hazing: INITIATION rite or practice AS PREREQUISITE FOR ADMISSION INTO d) When the WOMAN is UNDER 12 YRS OF AGE OR DEMENTED
membership in a FRAT/SORO/ORG BY PLACING the APPLICANT IN SOME
EMBARRASSING OR HUMILIATIONS OR otherwise subjecting him to PHYSICAL + FORCE EMPLOYED against victim NEED NOT BE OF SUCH CHARACTER AS
OR PSYCHOLOGICAL SUFFERING OR INJURY COULD BE RESISTED. Prosecution must prove that force or intimidation was
+ ORGANIZATION includes any club of the AFP, PNP, PMA, OR officer & cadet corps actually employed by the offender upon his victim to achieve his end.
of CMT or CAT
+ VIOLATIONS (if person subjected to hazing or other forms of initiation rites suffers 266-B. PENALTIES
any physical injury or dies as a result thereof) are MALA IN SE AGGRAVATING/QUALIFYING CIRCUMSTANCES – DEATH PENALTY
+ Enacted to address violent hazing incidents in schools 1) VIC IS UNDER 18 YRS OLD and ACCUSED IS A RELATIVE (parent, ascendant,
+ Solution is more psycho-social than legal step-parent, guardian, relative by consanguinity or affinity w/in 3rd civil degree, or
common-law spouse of victim’s parent)
2) VIC IS UNDER POLICE OR MILITARY (or law enforcement or penal institution)
CUSTODY
RA 8353 – ANTI-RAPE LAW OF 1997 3) COMMITTED IN FULL VIEW of spouse, parent, any of the children or other
+ Reclassified rape as a CRIME AGAINST PERSONS. Implications: relatives within the 3rd civil degree of consanguinity
1) It’s now a PUBLIC CRIME, W/C MAY BE PROSECUTED EVEN W/O INITIATIVE 4) VIC IS ENGAGED IN LEGIT RELIGIOUS VOCATION or calling and is
OF OFFENDED PARTY PERSONALLY KNOWN TO BE SUCH BY OFFENDER BEFORE OR AT THE TIME
2) May be COMMITTED EVEN AGAINST MALES which wasn’t the case in crimes OF COMMISSION of the crime
against chastity 5) VIC is a CHILD BELOW 7 YRS OF AGE
3) There is now an IMPOSSIBLE CRIME OF RAPE because impossible crimes can 6) OFFENDER KNOWS HE’S AFFLICTED W/ HIV/AIDS OR OTHER STD AND
only be committed against persons [and property] DISEASE IS TRANSMITTED TO THE VIC
7) COMMITTED BY MEMBER OF AFP, PNP, OR ANY LAW ENFORCEMENT
+ What the nature or context of sexual abuse is: POWER AGENCY OR PENAL INSTITUTION, when OFFENDER TOOK ADVANTAGE OF HIS
+ Gap in the law – what if the woman commits act on the man? Presumption of law is POSITION TO FACILITATE COMMISSION of the crime
there’s no sexual intercourse unless there’s cooperation or willingness on the part of 8) By reason or on occasion of the rape, VIC SUFFERED PERMANENT PHYSICAL
the man MUTILATION OR DISABILITY
9) OFFENDER KNEW of VIC’S PREGNANCY AT THE TIME OF COMMISSION of
266-A. RAPE, WHEN AND HOW COMMITTED the crime
Par. 1 Elements: 10) OFFENDER KNEW of MENTAL DISABILITY, EMOTIONAL DISORDER, AND/OR
1) Offender is a MAN PHYSICAL HANDICAP OF OFFENDED PARTY AT THE TIME OF COMMISSION of
2) Offender HAD CARNAL KNOWLEDGE OF A WOMAN the crime
3) Such ACT is ACCOMPLISHED UNDER ANY OF THE FF. circumstances:
a) BY using FORCE OR INTIMIDATION QUALIFYING CIRCUMSTANCES – RECLUSION PERPETUA
b) When the WOMAN is DEPRIVED OF REASON OR otherwise 1) USE OF DEADLY WEAPON OR BY 2 OR MORE PERSONS
UNCONSCIOUS 2) VIC BECOMES INSANE on the occasion or by reason of the rape
c) BY means of FRAUDULENT MACHINATION OR GRAVE ABUSE OF 3) RAPE IS ATTEMPTED & HOMICIDE IS COMMITTED by reason or on the
AUTHORITY occasion thereof
d) When the WOMAN is UNDER 12 YRS OF AGE OR DEMENTED
+ RELATIONSHIP & MINORITY (treated as special qualifying circumstances) MUST
Par. 2 Elements: BE ALLEGED IN INFO
+ IMPERATIVE UPON PROSECUTION TO ESTABLISH that the element of 4) WHAT MAKES IT SERIOUS ILLEGAL DETENTION
VOLUNTARINESS ON PART OF VICTIM BE ABSOLUTELY LACKING a) Kidnapping LASTS FOR MORE THAN 3 DAYS
+ Crime of RAPE ABSORBS FORCIBLE ABDUCTION WHERE ACCUSED b) It is COMMITTED SIMULATING PUBLIC AUTHORITY
INTENDED AT VERY OUTSET TO RAPE VIC WHEN HE ABDUCTED HER c) Any SERIOUS PHYSICAL INJURIES ARE INFLICTED UPON PERSON
+ Info must allege the circumstance/s KIDNAPPED OR DETAINED OR THREATS TO KILL ARE MADE
d) Person detained is a MINOR, FEMALE, OR a PUBLIC OFFICER
266-C. EFFECT OF PARDON
1) SUBSEQUENT MARRIAGE BET. OFFENDER & OFFENDED PARTY + ESSENTIAL ELEMENT: DEPRIVATION OF VIC’S LIBERTY – loss of freedom of
EXTINGUISHES CRIMINAL ACTION OR PENALTY IMPOSED liberty (mobility, communication, etc.)
2) SUBSEQUENT FORGIVENESS BY THE WIFE, IN CASE LEGAL HUSBAND IS + ABSENT SUCH determinant intent and duration of restraint, MERE CURTAILMENT
THE OFFENDER, EXTINGUISHES CRIMINAL ACTION OR PENALTY, UNLESS OF FREEDOM OF MOVEMENT would AT MOST constitute COERCION
MARRIAGE IS VOID AB INITIO + May be committed by transporting the victim from one place to another or merely
detaining him
+ All elements for valid marriage should be present + Important to DETERMINE AND PROVE FACT OF SEIZURE
+ RANSOM: payment that releases from captivity
266-D. PRESUMPTIONS + Spanish text is controlling in cases of conflict with English version
EVIDENCE which may be ACCEPTED IN PROSECUTION of rape: + Killing, rape or physical injuries are not separate crimes in themselves but are
1) ANY PHYSICAL OVERT ACT MANIFESTING RESISTANCE AGAINST THE act of circumstances which convert the kidnapping into special complex crimes for the
RAPE IN ANY DEGREE FROM the OFFENDED PARTY imposition of the maximum penalty
2) Where OFFENDED PARTY IS SO SITUATED AS TO RENDER HIM/HER + RULE: Where person kidnapped is killed in the course of detention, regardless of
INCAPABLE OF GIVING CONSENT whether the killing was purposely sought or merely an afterthought, the kidnapping
and murder shall be punished as a special complex crime
+ DIFFERENCE bet. RAPE and ACTS OF LASCIVIOUSNESS = PERPETRATOR’S + If in kidnapping the one killed was not the victim but a third person, there will be 2
INTENT DEDUCIBLE FROM EXTERNAL ACTS. When the ‘touching’ of the vagina by separate offenses
offender’s penis is coupled w/ intent to penetrate, attempted rape is committed. - if such 3rd person is a policeman, the second crime will be direct assault w/
Otherwise, it’s merely acts of lasciviousness. homicide
+ Term ‘OBJECT’ SHOULD BE CONSTRUED TO INCLUDE ‘FINGER’ + Where the TAKING OF the VIC was INCIDENTAL to the basic purpose to kill, the
crime is only murder
RA 9262 – ANTI-VAWC
+ Kinds of violence against women and their children + DIFFERENCE BET. KIDNAPPING AND FORCIBLE ABDUCTION =
- Economic PRESENCE/ABSENCE OF LEWD DESIGNS. Kidnapping w/ rape is a composite
- Physical crime if the victim kidnapped was also raped provided INTENTION IS TO KIDNAP
- Psychological AND RAPE IS A MERE AFTERTHOUGHT. IF RAPE WAS THE INTENTION, the
- Sexual KIDNAPPING WILL BE ABSORBED because it’s the means to commit the rape.
+ Remedies + a) RAPE only if ORIGINAL INTENT IS RAPE, even if the victim was taken away
- Criminal b) KIDNAPPING W/ RAPE if ORIGINAL INTENT IS TO KIDNAP & RAPE WAS
- Protection order (barangay, temporary, permanent) merely AN AFTERTHOUGHT
+ Barangays and courts directed not to settle the case – PROTECT, BUT DON’T TRY c) FORCIBLE ABDUCTION W/ RAPE if TAKING WAS W/ LEWD DESIGN & RAPE
TO COMPEL SETTLEMENT WAS COMMITTED
+ BWS NOW A DEFENSE d) KIDNAPPING AND ATTEMPTED RAPE if the rape in b) was merely attempted
+ Gay relationships not included e) FORCIBLE ABDUCTION only if the rape in c) was merely attempted
+ No requirement to address disadvantages suffered by men
KIDNAPPING W/ RAPE FORCIBLE ABDUCTION W/
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY RAPE
Crime is COMPOSITE if Crime is COMPLEX since
267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION woman kidnapped is also forcible abduction is a
Elements: raped necessary means to commit
1) OFFENDER is a PRIVATE INDIVIDUAL the rape
2) KIDNAPS OR DETAINS ANOTHER, or in any other manner DEPRIVES THE NO lewd design There is LEWD DESIGN
LATTER OF HIS LIBERTY Rape merely a Rape here ALSO A CRIME
3) ACT of kidnapping or detention must be ILLEGAL QUALIFYING circumstance
Multiple rapes = ONLY ONE Multiple rapes = ONLY ONE + What is penalized is the deliberate failure of custodian of minor to restore latter to
kidnapping w/ rape; others RAPE COMPLEXED w/ his parents or guardians – such deliberate failure must also be persistent as to oblige
are AGGRAVATING forcible abduction. Other parents/guardians to seek aid of courts to obtain custody.
rapes treated as + DELIBERATE: something more than mere negligence; must be premeditated,
SEPARATE CRIMES obstinate, headstrong, foolishly daring or intentionally and maliciously wrong
Rape merely ATTEMPTED Rape merely ATTEMPTED
– 2 SEPARATE CRIMES, – ONLY FORCIBLE 271. INDUCING A MINOR TO ABANDON HIS HOME
kidnapping and attempted ABDUCTION; ATTEMPT to Elements:
rape rape merely a 1) MINOR (whether OVER OR ABOVE 7 years of age) is LIVING IN the HOME OF
MANIFESTATION of lewd HIS PARENTS OR GUARDIANS OR PERSON ENTRUSTED W/ HIS CUSTODY
design 2) Offender INDUCES SAID MINOR TO ABANDON SUCH HOME

268. SLIGHT ILLEGAL DETENTION + Consider w/ 9208 – Anti-Trafficking in Persons


Elements:
1) OFFENDER is a PRIVATE INDIVIDUAL 272. SLAVERY
2) KIDNAPS OR DETAINS ANOTHER, or in any other manner DEPRIVES THE Elements:
LATTER OF HIS LIBERTY 1) Offender PURCHASES, SELLS, KIDNAPS OR DETAINS A HUMAN BEING
3) ACT of kidnapping or detention must be ILLEGAL 2) PURPOSE of offender IS TO ENSLAVE SUCH HUMAN BEING
4) Crime is COMMITTED W/O ATTENDANCE OF ANY CIRCUMSTANCES
ENUMERATED IN 267 RA 7610, as amended – CHILD ABUSE LAW
+ Children: PERSONS BELOW 18 YEARS OF AGE OR THOSE UNABLE TO FULLY
+ VOLUNTARY RELEASE CAN MITIGATE PROVIDED 3 REQUISITES ARE TAKE CARE of themselves OR PROTECT THEMSELVES FROM ABUSE,
PRESENT: NEGLECT, CRUELTY, EXPLOITATION OR DISCRIMINATION BECAUSE OF their
1) RELEASE MADE W/IN 3 DAYS FROM COMMENCEMENT OF DETENTION AGE OR MENTAL DISABILITY OR CONDITION
2) BEFORE CRIMINAL PROSECUTION HAS BEEN COMMENCED + ANY kind of EMPLOYMENT WHICH RISKS PHYSICAL, MENTAL OR SPIRITUAL
3) BEFORE OFFENDER ACCOMPLISHED HIS PURPOSE DEV’T OF THE CHILD IS CHILD EXPLOITATION
+ Whether offender is liable for just one crime of child prostitution and other sexual
+ ACCOMPLICE WHO FURNISHED PLACE OF DETENTION is given SAME abuse regardless of number of sexual acts allegedly committed by him and the
PENALTY AS THE PRINCIPAL number of children with whom he had sexual intercourse, or whether each act of
intercourse constitutes one crime is a question that bears on the PRESENTATION OF
269. UNLAWFUL ARREST EVIDENCE BY EITHER PARTY
Elements: + Concerned with the sale of children for sex – more expansive coverage of
1) Offender ARRESTS OR DETAINS ANOTHER person trafficking in 9208
2) PURPOSE of offender is to DELIVER HIM TO PROPER AUTHORITIES + Value: It can be COMBINED W/ CRIME IN RPC, INCREASE PENALTY
3) ARREST OR DETENTION is NOT AUTHORIZED BY LAW OR there is NO
REASONABLE GROUND therefore Elements:
1) ACCUSED COMMITS ACT OF SEXUAL INTERCOURSE OR LASCIVIOUS
+ Not under circumstances in Rule 113 of Rules of Court on valid warrantless arrests CONDUCT
+ If OFFENDER DIDN’T TURN OVER ARRESTED TO JUDICIAL AUTHORITIES = 2) Said ACT is PERFORMED WITH A CHILD EXPLOITED IN PROSTITUTION OR
kidnapping SUBJECTED TO OTHER SEXUAL ABUSE
+ If PUBLIC OFFICER FALSELY IMPUTES CRIME AGAINST A PERSON TO a) For MONEY, PROFIT, OR ANY OTHER CONSIDERATION
ARREST HIM & DOESN’T FILE OR INTEND TO FILE A CHARGE = arbitrary b) UNDER the COERCION OR INFLUENCE OF ANY ADULT, SYNDICATE,
detention through unlawful arrest OR GROUP
3) CHILD, male or female, IS OR IS DEEMED UNDER 18 YRS OF AGE
270. KIDNAPPING AND FAILURE TO RETURN A MINOR
Elements: 273. EXPLOITATION OF CHILD LABOR
1) Offender is ENTRUSTED W/ CUSTODY OF MINOR person Elements:
2) DELIBERATELY FAILS TO RESTORE SAID MINOR TO HIS PARENTS OR 1) Offender RETAINS A MINOR IN HIS SERVICES
GUARDIANS 2) It is AGAINST THE WILL OF THE MINOR
3) It is UNDER THE PRETEXT OF REIMBURSING HIMSELF OF A DEBT
INCURRED by an ascendant, guardian, or person entrusted with the custody of such
minor
a) Offender HAS CHARGE OF the REARING OR EDUCATION OF A
274. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT MINOR
Elements: b) He DELIVERS SAID MINOR TO A PUBLIC INSTITUTION OR OTHER
1) OFFENDER COMPELS DEBTOR TO WORK FOR HIM, either as a household PERSONS
servant or farm laborer c) The ONE WHO ENTRUSTED such CHILD TO OFFENDER HASN’T
2) It is AGAINST THE DEBTOR’S WILL CONSENTED TO SUCH ACT; OR if the one who entrusted such child to the offender
3) PURPOSE is to REQUIRE OR ENFORCE PAYMENT OF A DEBT is absent, PROPER AUTHORITIES HAVEN’T CONSENTED TO IT
2) Neglecting his (offender’s) children by not giving them the education which their
275. ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF station in life requires and financial condition permits
ONE’S OWN VICTIM a) Offender is a PARENT
Punished acts: b) He NEGLECTS HIS CHILDREN BY NOT GIVING THEM EDUCATION
Par. 1 Elements: c) His STATION IN LIFE REQUIRES SUCH EDUCATION AND HIS
1) UNINHABITED PLACE FINANCIAL CONDITION PERMITS IT
2) ACCUSED FOUND a PERSON WOUNDED OR IN DANGER OF DYING
3) Accused CAN RENDER ASSISTANCE W/O DETRIMENT TO HIMSELF 278. EXPLOITATION OF MINORS
4) Accused FAILS TO RENDER ASSISTANCE Punished acts:
Par. 2: FAILING TO HELP OR RENDER ASSISTANCE TO ANOTHER WHOM 1) Causing any boy or girl under 16 to perform any dangerous feat of balancing,
OFFENDER ACCIDENTALLY WOUNDED OR INJURED physical strength, or contortion, the offender being any person
Par. 3: FAILING TO DELIVER A CHILD, LESS THAN 7 YRS OF AGE, WHOM 2) Employing children under 16 who aren’t the children or descendants of the
OFFENDER FOUND ABANDONED, TO THE AUTHORITIES OR to HIS FAMILY, OR offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer,
BY FAILING TO TAKE HIM TO A SAFE PLACE the offender being an acrobat, etc. or circus manager or engaged in a similar calling
3) Employing any descendant under 12 in dangerous exhibitions enumerated in #2,
+ 275 (1) means no people are roaming around. Parks & other similar offender engaged in any of said callings
4) Delivering a child under 16 gratuitously to any person following any of the callings
public places can’t be uninhabited enumerated in #2, or to any habitual vagrant or beggar, the offender being an
ABANDONMENT – 275(2) ABANDONMENT – 365, last ascendant, guardian, teacher, or person entrusted in any capacity w/ the care of the
par. child
Cause: ACCIDENT Cause: IMPRUDENCE OR 5) Inducing any child under 16 to abandon the home of its ascendants, guardians,
NEGLIGENCE curators or teachers to follow any person engaged in any of the callings mentioned in
CRIME by itself QUALIFYING circumstance #2 or to accompany any habitual vagrant or beggar, the offender being any person
Committed with intent Punishes negligent act
279. ADDITIONAL PENALTIES FOR OTHER OFFENSES
+ It can be that there’s no other person to render assistance 280. QUALIFIED TRESPASS TO DWELLING
+ Under the law, whether or not one’s at fault, there’s an obligation to stop and render Elements:
appearance 1) Offender is a PRIVATE PERSON
2) He ENTERS THE DWELLING OF ANOTHER
276. ABANDONING A MINOR 3) SUCH ENTRANCE is AGAINST LATTER’S WILL
Elements:
1) Offender HAS CUSTODY OF THE CHILD + QUALIFIED trespass to dwelling IF COMMITTED BY MEANS OF VIOLENCE OR
2) CHILD IS UNDER 7 YEARS OF AGE INTIMIDATION
3) He ABANDONS SUCH CHILD + DWELLING = there’s an occupant
4) He HAS NO INTENT TO KILL THE CHILD WHEN THE LATTER IS ABANDONED + CONDITION OF THE PLACE DETERMINES CRIME COMMITTED. If it’s a garage
but it’s used as a residence, it’s trespass to dwelling
+ If there’s clear intention to leave the child to die, it’s parricide (if offender is the + ‘Against the will of the owner’ denotes (EXPRESS OR IMPLIED) prohibition against
parent) entering
+ Entry THROUGH OPENING NOT INTENDED FOR INGRESS = PRESUMPTION
277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS that ENTRY IS AGAINST DWELLER’S WILL
CUSTODY; INDIFFERENCE OF PARENTS + No qualification as to who should own the place. Thus, the crime may be committed
Punished acts & respective elements: against a boarder or a tenant and by the dwelling’s owner if his entry is against the
1) Delivering a minor to a public institution or other persons without the consent of the present occupant’s will.
one who entrusted such minor to the care of the offender or, in the absence of that + INSTANCES WHERE NO TRESPASS CAN BE COMMITTED
one, without the consent of proper authorities
1) PURPOSE of entry is TO PREVENT some SERIOUS HARM TO PERSON and conditional by INTIMIDATION if serious
ENTERING, OCCUPANTS, OR 3RD PERSONS enough, direct, immediate,
2) PURPOSE of entry is TO RENDER some AID TO HUMANITY OR JUSTICE and personal
3) PLACES ENTERED are cafés, taverns, inns and similar places while open
+ WHEN PERMISSION TO ENTER IS GIVEN by a household member with sufficient 283. LIGHT THREATS
discretion, TRESPASS ISN’T COMMITTED Elements:
+ IF PURPOSE OF ENTRY IS TO COMMIT A MORE SERIOUS CRIME & 1) OFFENDER MAKES a THREAT TO COMMIT A WRONG
TRESPASSER HAS COMMENCED OVERT ACTS DIRECTLY RELATED TO THE 2) The WRONG DOESN’T CONSTITUTE A CRIME
MORE SERIOUS OFFENSE, dwelling becomes an aggravating circumstance 3) There’s a DEMAND FOR MONEY OR THAT OTHER CONDITION IS IMPOSED,
even though lawful
281. OTHER FORMS OF TRESPASS 4) Offender HAS ATTAINED HIS PURPOSE OR, that he has NOT ATTAINED HIS
Elements: PURPOSE
1) Offender ENTERS CLOSED PREMISES OR FENCED ESTATE OF ANOTHER
2) ENTRANCE IS MADE WHILE EITHER of them IS UNINHABITED + Light threat is similar to BLACKMAILING. Wrong threatened doesn’t amount to a
3) PROHIBITION TO ENTER is MANIFEST crime + demand for money or other condition
4) TRESPASSER HASN’T SECURED PERMISSION OF OWNER OR CARETAKER
THEREOF 284. BOND FOR GOOD BEHAVIOR
+ Discretion of the court to impose such in grave and light threats
+ Even discos, restaurants, etc. may be the object of trespass provided the place is
closed for business at the time = trespass to property 285. OTHER LIGHT THREATS
+ Closed gate is not a manifest prohibition Punished acts:
+ Whole dormitory = closed premises 1) THREATENING ANOTHER W/ A WEAPON, OR DRAWING SUCH weapon IN A
QUARREL, UNLESS it is IN LAWFUL SELF-DEFENSE
282. GRAVE THREATS 2) ORALLY THREATENING ANOTHER, IN THE HEAT OF ANGER, W/ SOME HARM
Punished acts & respective elements: CONSTITUTING A CRIME, W/O PERSISTING IN THE IDEA involved IN HIS
1) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S THREAT
PERSON/HONOR/PROP, OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG 3) ORALLY THREATENING TO DO ANOTHER any HARM NOT CONSTITUTING A
b) SUCH WRONG AMOUNTS TO A CRIME FELONY
c) There’s a DEMAND FOR MONEY OR ANY OTHER CONDITION IS IMPOSED,
even though not lawful KIND of threat CRIME W/ OR W/O
d) Offender ATTAINS HIS PURPOSE CONDITION
2) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S GRAVE Y WITH OR W/O
PERSON/HONOR/PROP, OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG LIGHT N WITH
b) SUCH WRONG AMOUNTS TO A CRIME OTHER LIGHT N W/O
c) There’s a DEMAND FOR MONEY OR ANY OTHER CONDITION IS IMPOSED,
even though not lawful 286. GRAVE COERCIONS
d) Offender DOESN’T ATTAIN HIS PURPOSE Elements:
3) a) OFFENDER THREATENS ANOTHER person W/ INFLICTION UPON LATTER’S 1) PERSON PREVENTED ANOTHER FROM DOING SOMETHING NOT
PERSON/HONOR/PROP, OR UPON THAT OF LATTER’S FAMILY, OF ANY WRONG PROHIBITED BY LAW, OR he COMPELLED HIM TO DO SOMETHING AGAINST
b) SUCH WRONG AMOUNTS TO A CRIME HIS WILL, be it right or wrong
c) THREAT ISN’T SUBJECT TO A CONDITION 2) PREVENTION OR COMPULSION was EFFECTED BY VIOLENCE, THREATS,
OR INTIMIDATION
THREAT COERCION 3) PERSON THAT RESTRAINED will and liberty of another DIDN’T HAVE
Harm or wrong is FUTURE Harm or wrong threatened AUTHORITY OF LAW OR RIGHT TO DO SO, or in other words, that the restraint
AND CONDITIONAL is IMMEDIATE, shall not be made under authority of law or in the exercise of any lawful right
PERSONAL, AND DIRECT
May be BY CANNOT BE through + PURPOSE of law: PREVENT A PERSON FROM PUTTING THE LAW INTO HIS
INTERMEDIARY OR IN intermediary or in writing OWN HANDS
WRITING + KINDS of grave coercion
GENERALLY committed by Generally by VIOLENCE, 1) PREVENTIVE: offender USES VIOLENCE TO PREVENT victim from doing an act
INTIMIDATION w/c is future ALTHOUGH it may also be NOT prohibited by law
2) COMPULSIVE: offender USES VIOLENCE TO COMPEL victim from doing an act 1) Offender EMPLOYS VIOLENCE OR THREATS in such a degree as TO COMPEL
which MAY OR MAY NOT be prohibited by law OR FORCE LABORERS OR EMPLOYEES IN free and legal exercise OF THEIR
+ Must be a force threatening great bodily harm that remains constant in controlling INDUSTRY OR WORK
the will of the unwilling participant while the act is being performed and from which he 2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT COALITIONS, STRIKE
can’t withdraw in safety OR LOCKOUT
+ THREATENING TO SUE TO COMPEL ENFORCEMENT OF AN OBLIGATION IS
NOT THE ‘WRONG’ CONTEMPLATED BY LAW 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
Elements:
If the INTIMIDATION IS… CRIME IS… 1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN EXERCISE OF HIS
IMMEDIATE BUT ROBBERY OFFICIAL FUNCTIONS
CONDITIONAL coupled 2) SEIZES ANOTHER’S PAPERS OR LETTERS
with demand for money or 3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH OTHER PERSON
any consideration 4) OFFENDER IS INFORMED OF the CONTENTS of seized papers and letters
FUTURE OR THREAT
CONDITIONAL + LETTER must be OF CONFIDENTIAL CHARACTER. This crime can’t be
DIRECT, IMMEDIATE, & COERCION committed if it’s an open letter or postcard
PERSONAL; OR SERIOUS + IF PURPOSE OF SEIZURE is TO PREVENT ADDRESSEE FROM RECEIVING the
ENOUGH CORRESPONDENCE, it’s MALICIOUS MISCHIEF. It’s ESTAFA IF OFFENDER
KNEW ADDRESSEE MUST RECEIVE IT OTHERWISE LATTER WILL BE
287. LIGHT COERCIONS PREJUDICED
Elements: + PARENTS, GUARDIANS, AND PERSONS EXERCISING PARENTAL AUTHORITY
1) Offender is a CREDITOR OVER MINORS ARE EXEMPT because it’s within their authority to check minors’
2) SEIZES ANYTHING BELONGING TO HIS DEBTOR activities. Same with HUSBAND AND WIFE to maintain fidelity provided they’re not
3) SEIZURE of the thing was ACCOMPLISHED BY means of VIOLENCE OR A legally separated and living apart.
DISPLAY OF MATERIAL FORCE PRODUCING INTIMIDATION
4) PURPOSE of offender is TO APPLY THE SAME TO THE PAYMENT OF THE 291. REVEALING SECRETS WITH ABUSE OF OFFICE
DEBT Elements:
1) MANAGER, EMPLOYEE, OR SERVANT
+ UNJUST VEXATION is a form of light coercion. It’s ANY FORM OF CAUSING 2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER IN SUCH CAPACITY
ANNOYANCE OF ANOTHER PERSON. It MUST NOT AMOUNT TO DISHONOR OF 3) REVEALS SUCH SECRETS
ANOTHER
292. REVELATION OF INDUSTRIAL SECRETS
288. OTHER SIMILAR COERCIONS Elements:
Punished acts & respective elements: 1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF MANUFACTURING OR
1) a) Offender is ANY PERSON, AGENT OR OFFICER OF any ASSOCIATION OR INDUSTRIAL ESTABLISHMENT
CORPORATION 2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH OFFENDER HAS
b) HE OR SUCH FIRM HAS EMPLOYED LABORERS OR EMPLOYEES LEARNED
c) FORCES OR COMPELS, directly or indirectly, OR KNOWINGLY PERMITS TO 3) REVEALS SUCH SECRETS
BE FORCED OR COMPELLED, ANY OF HIS OR ITS LABORERS/EMPLOYEES TO 4) PREJUDICE IS CAUSED TO THE OWNER
PURCHASE MERCH OR COMMODITIES OF ANY KIND from him or from said firm
2) a) Offender PAYS WAGES DUE HIS LABORER/EMPLOYEE BY means of TOKEN CRIMES AGAINST PROPERTY
OR OBJECT + Taking of another’s property out of his possession through violence, deceit, abuse
b) Tokens or object are OTHER THAN LEGAL TENDER CURRENCY of the of confidence, destruction
Philippines + Must allege in info that it belonged to a specific person
c) Laborer or employee DOESN’T EXPRESSLY REQUEST THAT HE BE PAID BY
SUCH means 293. WHO ARE GUILTY OF ROBBERY
Elements:
289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF 1) PERSONAL PROPERTY BELONGING TO ANOTHER
CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS 2) UNLAWFUL TAKING of that property
Elements: 3) Taking must be WITH INTENT TO GAIN
4) There is VIOLENCE AGAINST OR INTIMIDATION OF ANY PERSON, OR FORCE – intent of the actor must supply the DIRECT connection between the homicide and
UPON ANYTHING the robbery to constitute the complex offense; happened during the robbery and
there’s a logical connection (doesn’t need to be a necessary means or consequence)
+ ASPORTATION: requires taking of personal property out of the possession of the + Who can be liable for robbery with homicide – everyone who agreed and decided to
owner, without his privity and consent and without animus revertendi. Present once commit the robbery; the killing can be traced to the robbery (consequence of taking)
property is taken from the possession of the owner and taker has absolute control of
the property + GEN RULE: In a CONSPIRACY, THE ACT OF ONE IS THE ACT OF ALL
+ INTENT TO GAIN (ANIMUS LUCRANDI): an internal act which can be established EXCEPTION: Other/s couldn’t have known of one’s intent and act so that they
through the overt acts of the offender. could’ve attempted to prevent the same; one performs positive or overt acts in an
effort to physically prevent same – logical connection is broken
294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS – + Who can be liable for robbery with rape – those who had knowledge of the rape
PENALTIES and didn’t do anything to prevent it
+294 DEFINES & PENALIZES as COMPOSITE CRIMES OR SPECIAL COMPLEX + To be liable for robbery with rape, INTENT TO TAKE another’s personal property
CRIMES the ff. MUST PRECEDE THE RAPE
- ROBBERY WITH HOMICIDE + All rapes are merged in the composite, so long as the rapes accompanied the
Elements: robbery
1) Taking of personal property w/ use of violence or intimidation against a person
2) Property taken belongs to another + To have ROBBERY W/ ARSON, the TAKING must ALREADY AMOUNT TO
3) Taking is characterized by intent to gain ROBBERY BEFORE THE BURNING. There must be violence or intimidation upon
4) On the occasion of the robbery or by reason thereof, homicide was committed persons but without killing, rape, or mutilation in view of the sequence of priority of
- ROBBERY WITH RAPE violence under 294, and thereafter the premises are burned
- ROBBERY WITH INTENTIONAL MUTILATION
- ROBBERY WITH ARSON + SNATCHING is ROBBERY IF SNATCHER EMPLOYED FORCE upon person
- ROBBERY WITH PHYSICAL INJURIES whose valuables were snatched; THEFT IF NO ADDED FORCE in taking is
- ROBBERY WITH UNNECESSARY VIOLENCE employed except that necessary to effect the snatching
Except for simple robbery under par 5 which isn’t a composite crime
295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED
+ HOMICIDE, RAPE, ETC. not separate crimes but CIRCUMSTANCES PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET,
CHARACTERIZING THE VIOLENCE w/c makes the crime robbery & not theft ROAD, OR ALLEY
+ NAPOLIS DOCTRINE: If BOTH VIOLENCE OR INTIMIDATION UPON PERSONS Robbery W/ VIOLENCE AGAINST OR INTIMIDATION OF PERSON is QUALIFIED if
{294(4 & 5) [SIMPLE ROBBERY]} AND FORCE UPON THINGS (299/302) are it’s committed:
EMPLOYED – SPECIAL COMPLEX CRIME of robbery with violence against or 1) In an UNINHABITED PLACE
intimidation of persons and force upon things 2) By a BAND (more than three armed malefactors)
3) By ATTACKING A MOVING TRAIN, STREET CAR, MOTOR VEHICLE, OR
Robbery W/ VIOLENCE Robbery W/ FORCE UPON AIRSHIP
AGAINST OR THINGS 4) By ENTERING the PASSENGERS’ COMPARTMENTS IN A TRAIN, OR IN ANY
INTIMIDATION OF MANNER TAKING PASSENGERS BY SURPRISE in the respective conveyances
PERSONS 5) On a STREET, ROAD, HIGHWAY, OR ALLEY, and the INTIMIDATION IS MADE
Former is MORE SERIOUS than the latter W/ USE OF FIREARMS
Based upon GRAVITY OF Based upon VALUE OF
the VIOLENCE OR THING TAKEN + When offenses in 294(3, 4, 5) are committed by a band, proper penalties must be
INTIMIDATION committed imposed in the maximum periods
When BOTH KINDS are present, FORMER SHALL TAKE + 295 INAPPLICABLE TO ROBBERY W/ HOMICIDE, RAPE, INTENTIONAL
PRECEDENCE OVER THE LATTER, unless penalty for MUTILATION, AND LESIONES GRAVES RESULTING IN INSANITY, IMBECILITY,
robbery with force upon things is higher, in which case the IMPOTENCY, OR BLINDNESS
crime shall be complexed – NAPOLIS DOCTRINE + For 294(1, 2), element of BAND appreciated as an ORDINARY AGGRAVATING
CIRCUMSTANCE
+ 294(1) – homicide may be before or after the robbery PROVIDED THE TAKING IS
NOT MERELY AN AFTERTHOUGHT 296. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS
+ CUANDO CON MOTIVO O CON OCCASION DEL ROBO RESULTARE THEREOF
HOMICIDIO (WHEN HAVING THE MOTIVE [to take] OR DURING THE OCCASION) Requisites for liability of other members of the band:
1) Person was a MEMBER OF THE BAND
2) PRESENT AT COMMISSION OF A ROBBERY BY THAT BAND + BASIS: MEANS OF ENTERING. If he didn’t enter, it’s only theft even if there’s force
3) OTHER MEMBERS of the band COMMITTED AN ASSAULT upon things. Whole body must be inside, as defined by entering.
4) HE DIDN’T ATTEMPT TO PREVENT THE ASSAULT + ENTERED W/O USE OF CONSTRUCTIVE FORCE BUT WHILE INSIDE USED
ACTUAL FORCE to break doors, walls, etc. Use of picklock, etc. inside the premises
+ SPECIAL AGGRAVATING CIRCUMSTANCE of USE OF UNLICENSED FIREARM is only aggravating.
limited in scope to 294(3, 4, 5) + BROUGHT OUT of the premises LOCKED OR SEALED RECEPTACLES FOR
BREAKING them OUTSIDE
297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES + NOT NECESSARY THAT OFFENDER BREAK WINDOWS to enter
Elements: + Offender is a member of the household and taking was with force upon things =
1) There’s an ATTEMPTED OR FRUSTRATED ROBBERY robbery
2) HOMICIDE IS COMMITTED ON THE SAME OCCASION
300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
+ GEN RULE: all who took part as principals in the robbery shall be held guilty of + Robbery mentioned in next preceding article, if committed in an uninhabited place
robbery w/ homicide although they didn’t actually take part in the homicide. Same and by a band, shall be punished by the maximum period of the penalty provided
principle applies even if the crime committed is attempted robbery w/ homicide therefore
+ 297 requires ATTEMPTED ROBBERY & KILLING be perpetrated by the same
person 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES
298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION + INHABITED HOUSE: any shelter, ship or vessel constituting the dwelling of one or
Elements: more persons, even though the inhabitants thereof shall temporarily be absent
1) Offender has INTENT TO DEFRAUD ANOTHER therefrom when the robbery is committed
2) Offender COMPELS HIM TO SIGN, EXECUTE, OR DELIVER ANY PUBLIC + PUBLIC BUILDING: every building owned by the Gov’t or belonging to private
INSTRUMENT OR DOCUMENT persons but used or rented by the Gov’t, although temporarily occupied by the same
3) COMPULSION is BY means of VIOLENCE OR INTIMIDATION + DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP: all interior courts, corrals, warehouses,
299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE granaries or enclosed places CONTIGUOUS to the building or edifice, having an
DEVOTED TO WORSHIP INTERIOR ENTRANCE CONNECTED THEREWITH and which form PART OF THE
Punished acts & respective elements: WHOLE
1) Robbery with force upon things under 299(a) + Orchard & other lands used for cultivation or production aren’t included in the term
a) Offender ENTERED INHABITED HOUSE, PUBLIC BUILDING OR EDIFICE “dependencies”
DEVOTED TO RELIGIOUS WORSHIP
b) ENTRANCE was EFFECTED BY ANY OF THE FF. MEANS: 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING
i) THROUGH an OPENING NOT INTENDED FOR ENTRANCE OR Elements:
EGRESS 1) Offender ENTERED UNINHABITED PLACE OR BUILDING W/C WASN’T A
ii) By BREAKING ANY WALL, ROOF, FLOOR, DOOR, OR WINDOW DWELLING HOUSE, NOT A PUBLIC BUILDING, OR NOT AN EDIFICE DEVOTED
iii) By USING FALSE KEYS, PICKLOCKS, OR SIMILAR TOOLS TO RELIGIOUS WORSHIP
iv) By USING FICTITIOUS NAME OR PRETENDING THE EXERCISE OF 2) ANY OF THE FF. circumstances was present
PUBLIC AUTHORITY a) ENTRANCE was EFFECTED THROUGH AN OPENING NOT INTENDED FOR
c) Once INSIDE the building, OFFENDER TOOK PERSONAL PROP ENTRANCE OR EGRESS
BELONGING TO ANOTHER WITH INTENT TO GAIN b) WALL, ROOF, FLOOR, OR OUTSIDE DOOR OR WINDOW was BROKEN
2) Robbery with force upon things under 299(b) c) ENTRANCE was EFFECTED THROUGH USE OF FALSE KEYS, PICKLOCKS,
a) Offender is INSIDE a DWELLING HOUSE, PUBLIC BUILDING, OR EDIFICE OR OTHER similar TOOLS
DEVOTED TO RELIGIOUS WORSHIP, regardless of circumstances under which he d) DOOR, WARDROBE, CHEST, OR ANY SEALED OR CLOSED FURNITURE
entered it OR RECEPTACLE was BROKEN
b) OFFENDER TAKES PERSONAL PROP BELONGING TO ANOTHER, W/ e) CLOSED OR SEALED RECEPTACLE WAS REMOVED, even if the same be
INTENT TO GAIN, UNDER ANY OF THE FF. circumstances: broken open elsewhere
i) By the BREAKING OF DOORS, wardrobes, chests, OR ANY OTHER 3) OFFENDER TOOK therefrom PERSONAL PROP BELONGING TO ANOTHER
KIND OF LOCKED OR SEALED FURNITURE OR RECEPTACLE WITH INTENT TO GAIN
ii) By TAKING SUCH FURNITURE OR OBJECTS AWAY TO BE BROKEN
OR FORCED OPEN OUTSIDE THE PLACE OF THE ROBBERY 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED
PLACE OR PRIVATE BUILDING
+ In cases in 299 and 302 (robbery in an inhabited place or public building or edifice + HIGHWAY ROBBERY or BRIGANDAGE: seizure of any person for ransom,
devoted to worship AND robbery in an uninhabited place or in a private building), extortion or other unlawful purposes, or the taking away of the property of another, by
when robbery consists in the taking of cereals, fruits, or firewood, the culprit shall means of violence against or intimidation of persons or force upon things or other
suffer the penalty next lower in degree than that prescribed in said articles. unlawful means, committed by any person on any Philippine highway
+ Introduced AMENDMENTS TO 306 & 307 by increasing the penalties
304. POSSESSION OF PICKLOCK OR SIMILAR TOOLS Brigandage UNDER 306 & Brigandage UNDER PD 532
Elements: 294
1) Offender HAS in his possession PICKLOCKS OR SIMILAR TOOLS Mere FORMATION OF Mere formation of band
2) SUCH picklock or similar TOOLS ARE SPECIALLY ADOPTED TO THE BAND IS PUNISHABLE NOT YET PUNISHABLE.
COMMISSION OF ROBBERY Prohibited act must be
3) Offender DOESN’T HAVE LAWFUL CAUSE FOR SUCH POSSESSION committed
AT LEAST 3 (4 OR MORE) Only ONE MALEFACTOR
+ POSSESSION of picklocks IS A CRIME BY ITSELF. When used in robbery, MALEFACTORS WILL SUFFICE
possession is absorbed because it’s an element of robbery PRECONCEIVED VICTIM NO preconceived victim

305. FALSE KEYS + In absence of proof that accused were organized for committing robbery
Term FALSE KEYS deemed to include: indiscriminately and of evidence to show previous attempts at similar robberies by
1) TOOLS MENTIONED in next preceding articles accused indicating indiscriminate commission thereof – liable for special complex
2) GENUINE KEYS STOLEN FROM THE OWNER crime of robbery with homicide
3) ANY KEYS OTHER THAN THOSE INTENDED BY THE OWNER FOR USE IN
THE LOCK FORCIBLY OPENED BY OFFENDER PD 533 – ANTI-CATTLE RUSTLING LAW OF 1974
+ CATTLE RUSTLING: taking away by any means, methods, or schemes, without the
RA 6539 – ANTI-CARNAPPING consent of the owner/raiser, of any of the LARGE CATTLE whether or not for profit or
+ CARNAPPING: taking, w/ intent to gain, of a motor vehicle belonging to another gain, or whether committed w/ or w/o violence against or intimidation of person or
without the latter’s consent, or by means of violence against or intimidation of force upon things. Includes KILLING OF LARGE CATTLE, OR TAKING ITS MEAT
persons, or by using force upon things OR HIDE W/O CONSENT OF OWNER/RAISER.
+ MALUM PROHIBITUM + GOAT NOT INCLUDED because although it’s a member of the bovine family, it’s
+ MOTOR VEHICLE covers any vehicle which is motorized (means other than not large
muscular power) using the streets which are public, not exclusively for private use + HOMICIDE IS ABSORBED IN CATTLE RUSTLING because it’s not a malum
+ HIGHWAYS are always public, free for the use of every person. prohibitum
+ MALA IN SE. NOT A SPECIAL LAW. Penalty for its violation in terms of
306. WHO ARE BRIGANDS classification & duration of penalties prescribed in RPC, indicating lawmakers’ intent
Elements of brigandage: to amend the Code
1) AT LEAST 4 ARMED PERSONS + INTENT TO GAIN may be INFERRED FROM DELIBERATE FAILURE TO
2) FORMED A BAND OF ROBBERS DELIVER LOST PROP TO PROPER PERSON, finder knowing the prop doesn’t
3) PURPOSE is ANY OF THE FF. belong to him
a) COMMIT ROBBERY IN THE HIGHWAY
b) KIDNAP PERSONS FOR the purpose of EXTORTION OR TO OBTAIN 308. WHO ARE LIABLE FOR THEFT
RANSOM Persons liable:
c) ATTAIN BY MEANS OF FORCE AND VIOLENCE ANY OTHER PURPOSE 1) Those W/ INTENT TO GAIN, BUT W/O VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS NOR FORCE UPON THINGS, TAKE PERSONAL PROP OF
307. AIDING AND ABETTING A BAND OF BRIGANDS ANOTHER W/O LATTER’S CONSENT
Elements: 2) Those who HAVING FOUND LOST PROP, FAILS TO DELIVER THE SAME TO
1) BAND OF BRIGANDS LOCAL AUTHORITIES OR TO ITS OWNER
2) OFFENDER KNOWS BAND TO BE OF BRIGANDS 3) Those who, after having MALICIOUSLY DAMAGED the PROPERTY OF
3) DOES ANY OF THE FF. acts: ANOTHER, REMOVE OR MAKE USE OF FRUITS OR OBJECTS OF DAMAGE
a) In any manner AIDS, ABETS OR PROTECTS SUCH BAND CAUSED BY THEM
b) GIVES THEM INFORMATION OF MOVEMENTS OF POLICE OR OTHER 4) Those who ENTER AN ENCLOSED ESTATE OR A FIELD WHERE TRESPASS IS
PEACE OFFICERS OF THE GOV’T FORBIDDEN OR W/C BELONGS TO ANOTHER AND, W/O IT’S OWNER’S
c) ACQUIRES OR RECEIVES PROP TAKEN BY SUCH BRIGANDS CONSENT, HUNT OR FISH upon the same OR GATHER fruits, cereals, or other
forest or farm products
PD 532 – ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
1) CUTTING, GATHERING, COLLECTING, AND REMOVING TIMBER OR OTHER
Elements: FOREST PRODUCT FROM ANY FORESTLAND, OR TIMBER FROM ALIENABLE
1) TAKING OF PERSONAL PROP OR DISPOSABLE PUBLIC LAND, OR PRIVATE LAND, OR W/O ANY AUTHORITY
2) Property taken BELONGS TO ANOTHER 2) POSSESSION OF TIMBER OR OTHER FOREST PRODUCTS W/O LEGAL
3) DONE W/ INTENT TO GAIN DOCUMENTS REQ’D under existing forest laws regulations
4) W/O OWNER’S CONSENT
5) ACCOMPLISHED W/O USE OF VIOLENCE AGAINST OR INTIMIDATION OF + The law makes NO DISTINCTION between raw or processed timber
PERSONS OR FORCE UPON THINGS
PD 1612 – ANTI-FENCING LAW OF 1979
+ THEFT OR ROBBERY CAN’T BE COMMITTED BET. CO-OWNERS WHEN NO + FENCING: act of any person who, with intent to gain for himself or for another, shall
DIVISION IS YET MADE buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell,
+ Is it THEFT OR ESTAFA? CONSIDER POSSESSION. Where property is received or in any other manner deal in any article, item, object, or anything of value which he
where only MATERIAL or PHYSICAL POSSESSION is acquiesced and he knows, or should be known to him, to have been derived from the proceeds of the
misappropriates the same = THEFT. If JURIDICAL POSSESSION (possessor can crime of robbery or theft
assert his right to possession even against the owner) IS TRANSFERRED = ESTAFA + APPLIES ONLY TO PROCEEDS OF THEFT OR ROBBERY. Doesn’t apply to
estafa
+ NO FRUSTRATED THEFT
Elements:
309. PENALTIES 1) Crime of ROBBERY OR THEFT has been COMMITTED
2) ACCUSED, who is NOT A PRINCIPAL OR ACCOMPLICE IN the commission of the
PD 704, as amended RA 8550 – ILLEGAL FISHING ROBBERY OR THEFT, BUYS … OR IN ANY MANNER DEALS IN ANY ARTICLE OR
+ PRIMA FACIE PRESUMPTION that ILLEGAL FISHING HAS BEEN COMMITTED ANYTHING OF VALUE, which has been DERIVED FROM PROCEEDS OF SAID
WHERE CRIME
- EXPLOSIVES, noxious or POISONOUS SUBSTANCES OR 3) ACCUSED KNOWS OR SHOULD’VE KNOWN SAID ARTICLE has been
EQUIPMENT/DEVICE FOR ELECTRIC FISHING FOUND IN a FISHING DERIVED FROM PROCEEDS OF ROBBERY OR THEFT
BOAT OR IN FISHERMAN’S POSSESSION 4) INTENT TO GAIN, on part of accused, FOR HIMSELF OR FOR ANOTHER
- FISH CAUGHT OR KILLED w/ use of explosives, poisonous substances, or
by electricity are FOUND in a fishing boat + Fencing is a DISTINCT CRIME. Offender may be PROSECUTED AT PLACE
+ Doesn’t require use of motorized banca or boat WHERE HE TOOK HOLD OF PROP and not at the place of the commission of the
robbery or theft
310. QUALIFIED THEFT + There must be a CONVICTION OF THEFT OR ROBBERY BEFORE THERE
Theft is qualified if: COULD BE PROSECUTION FOR FENCING
1) Committed by a DOMESTIC SERVANT + Mere POSSESSION OF ANY ITEM W/C HAS BEEN THE SUBJECT OF
2) Committed W/ GRAVE ABUSE OF CONFIDENCE ROBBERY OR THEFT = PRIMA FACIE EVIDENCE OF FENCING
3) PROP STOLEN is a MOTOR VEHICLE, MAIL MATTER, or LARGE CATTLE
4) PROP STOLEN consists of COCONUTS TAKEN FROM the premises of a 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PLANTATION PROPERTY
5) PROP STOLEN is FISH TAKEN FROM A FISHPOND OR FISHERY Elements:
6) PROP TAKEN ON OCCASION OF fire, earthquake, typhoon, volcanic eruption, or 1) Offender TAKES POSSESSION OF ANY REAL PROP OR USURPS ANY REAL
any other CALAMITY, VEHICULAR ACCIDENT, OR CIVIL DISTURBANCE RIGHTS IN PROP
2) Real property or real rights BELONG TO ANOTHER
+ What makes it qualified theft: circumstances 3) VIOLENCE AGAINTS OR INTIMIDATION OF PERSONS IS USED by offender in
- Personal to offender occupying real property or usurping real rights in property
- Pertaining to object taken 4) There’s INTENT TO GAIN
- At the time of taking
+ SINGLE, TWO-TIERED PENALTY for the coercion & threat and fine for the
311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL usurpation
MUSEUM + REAL VIC IS NOT NECESSARILY THE OWNER BUT THE PERSON AGAINST
WHOM THE VIOLENCE/INTIMIDATION WAS ENFORCED – tenant has a real right
PD 705 – FORESTRY CODE over the property, that of possession
2 DISTINCT & SEPARATE OFFENSES under Sec. 68
313. ALTERING BOUNDARIES OR LANDMARKS
Elements: 1) PAPER W/ SIG OF OFFENDED PARTY IS IN BLANK
1) BOUNDARY MARKS OR MONUMENTS of towns, provinces or estates, OR any 2) OFFENDED PARTY DELIVERED IT TO OFFENDER
other MARKS INTENDED TO DESIGNATE BOUNDARIES OF THE SAME 3) ABOVE SIG OF OFFENDED PARTY a DOC IS WRITTEN BY THE OFFENDER
2) OFFENDER ALTERS said boundary marks W/O AUTHORITY TO DO SO
4) DOC so written CREATES LIABILITY OF, OR CAUSES DAMAGE TO,
314. FRAUDULENT INSOLVENCY OFFENDED PARTY OR ANY 3RD PERSON
Elements:
1) Offender is a DEBTOR (has obligations due and payable) Elements of ESTAFA BY MEANS OF FALSE PRETENSES OR FRAUDULENT
2) ABSCONDS W/ HIS PROPERTY ACTS:
3) PREJUDICE TO HIS CREDITORS 1) OFFENDER EMPLOYS ANY OF THE FF. false pretenses, fraudulent acts, or
fraudulent means:
315. SWINDLING (ESTAFA) a) USING FICTITIOUS NAME; FALSELY PRETENDING TO POSSESS POWER,
Elements in general: influence, qualifications, property, credit, agency, business or imaginary transactions;
1) ACCUSED DEFRAUDED ANOTHER BY ABUSE OF CONFIDENCE OR BY OR BY means of OTHER SIMILAR DECEITS
means of DECEIT b) ALTERING QUALITY, FINENESS, OR WEIGHT OF ANYTHING PERTAINING
2) DAMAGE OR PREJUDICE capable of pecuniary estimation is CAUSED TO THE TO HIS ART OR BUSINESS
OFFENDED PARTY OR 3RD PERSON c) PRETENDING TO HAVE BRIBED ANY GOV’T EMPLOYEE, w/o prejudice to
the action for calumny w/c the offended party may deem proper to bring against
+ DEFRAUDATION & DAMAGE (any disturbance or prejudice is constitutive of offender
damage) d) POSTDATING A CHECK, OR ISSUING A CHECK IN PAYMENT OF AN
+ 2 ways of committing estafa OBLIGATION WHEN OFFENDER HAD NO FUNDS OR INSUFFICIENT FUNDS in
1) With abuse of confidence or unfaithfulness the bank
2) Through deceit or false pretense – here, it’s essential that the deceit be prior to or e) OBTAINING ANY FOOD, REFRESHMENT OR ACCOMMODATION AT A
simultaneous to the prejudice & the same be the very cause of the damage HOTEL, inn, restaurant, boarding house, lodging house, or apartment house AND
+ When money or property is delivered for a particular purpose and it was used for THE LIKE W/O PAYING THEREFORE, W/ INTENT TO DEFRAUD THE
another purpose PROPRIETOR OR MANAGER thereof; OR BYOBTAINING CREDIT at aforesaid
- if MATERIAL POSSESSION is transferred, it’s theft establishments BY USE OF ANY FALSE PRETENSE; OR BY ABANDONING or
- when JURIDICAL POSSESSION (possession which is protected by law surreptitiously removing ANY PART OF HIS BAGGAGE from said establishments
even against the real owner of the property) is transferred, it’s estafa AFTER OBTAINING FOOD, etc. W/OUT PAYING FOR SUCH
+ DECEIT: false representation of a matter of fact whether by words or conduct, by 2) Such FALSE PRETENSE must be MADE or executed PRIOR OR
false or misleading allegations, or by concealment of that which should have been SIMULTANEOUSLY WITH THE COMMISSION OF THE FRAUD
disclosed which deceives or is intended to deceive another so that he shall act upon it 3) OFFENDED PARTY must’ve RELIED ON THE FALSE PRETENSE – he was
to his legal injury induced to part with his money or property because of the false pretense, fraudulent
+ DEFRAUDATION CAN’T BE COMMITTED THROUGH NEGLIGENCE act, or fraudulent means
4) AS A RESULT thereof, OFFENDED PARTY SUFFERED DAMAGE
Elements of ESTAFA W/ UNFAITHFULNESS:
1) Offender has ONEROUS OBLIGATION TO DELIVER SOMETHING OF VALUE Elements of ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS
2) He ALTERS ITS SUBSTANCE, QUANTITY, OR QUALITY 1) Offender INDUCED OFFENDED PARTY TO SIGN A DOC
3) DAMAGE or prejudice is CAUSED TO ANOTHER 2) DECEIT employed to make him sign the document
3) OFFENDED PARTY PERSONALLY SIGNED THE DOC
Elements of ESTAFA W/ ABUSE OF CONFIDENCE 315(1[b]): 4) PREJUDICE CAUSED
1) Money, goods, or other PERSONAL PROP RECEIVED BY OFFENDER IN
TRUST, or on commission, or for administration, OR UNDER ANY OTHER Elements of ESTAFA BY RESORTING TO SOME FRAUDULENT PRACTICE TO
OBLIGATION INVOLVING THE DUTY TO MAKE DELIVERY OF, OR TO RETURN, INSURE SUCCESS IN GAMBLING
THE SAME 1) Offender PARTICIPATES IN A GAMBLING GAME
2) MISAPPROPRIATION OR CONVERSION OF such MONEY OR PROPERTY BY 2) RESORTS TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS at the
OFFENDER, OR DENIAL ON HIS PART OF SUCH RECEIPT gambling game
3) Such misappropriation/conversion/denial is to the PREJUDICE OF ANOTHER
4) There’s a DEMAND MADE BY OFFENDED PARTY TO OFFENDER Elements of ESTAFA BY REMOVING, CONCEALING, OR DESTROYING
DOCUMENTS
Elements of ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN 1) COURT RECORD, OFFICE FILES, DOCS, OR ANY OTHER PAPERS
BLANK 2) Offender REMOVED, CONCEALED OR DESTROYED ANY OF THEM
3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER + 180 DAYS (6 MOS) – PAYEE’S FAILURE TO DEPOSIT OR ENCASH CHECK
within this period WILL MAKE CHECK STALE OR VALUELESS, hence NO
PD 115 – TRUST RECEIPTS LAW CRIMINAL ACTION CAN ARISE THEREFROM
+ TRUST RECEIPT TRANSACTION: any transaction by and between entruster and + Violation of BP 22 in the nature of a CONTINUING CRIME – VENUE IS
entrustee, whereby the entruster who owns or holds absolute title or security interest DETERMINED BY THE PLACE WHERE THE ELEMENTS of making, issuing, or
over certain specified goods, releases same to possession of entrustee upon latter’s drawing of the check and delivery thereof ARE COMMITTED
execution and delivery to entruster of a ‘trust receipt’ + DELIVERY OF INSTRUMENT is the final act essential to its consummation as an
+ Goods owned by the bank and only released to the importer in trust subsequent to obligation
the grant of the loan. Bank acquires ‘security interest’ in the goods as holder of + ALL KINDS OF CHECKS ARE COVERED BY THE LAW
security title for advances it made to entrustee. Ownership continues to be vested in - Memorandum checks included
person who advanced payment until he has been paid in full - Even checks of foreign currency as long as they’re issued in the Philippines
+Trust receipt law PUNISHES DISHONESTY AND ABUSE OF CONFIDENCE IN + RPC SUPPLEMENTARY TO BP 22
THE HANDLING OF MONEY OR GOODS TO THE PREJUDICE OF ANOTHER + KNOWLEDGE BY COMPLAINANT THAT DRAWER DOESN’T HAVE SUFFICIENT
regardless of whether the latter is the owner. FUNDS AT TIME CHECK WAS ISSUED DOESN’T GIVE RISE TO ESTAFA
+ MALUM PROHIBITUM THROUGH BOUNCING CHECKS
+ Possible situations in a trust receipt transaction: + Even if there’s no deceit, mere dishonor of the check already creates public
1) Money received under the obligation involving duty to deliver it to the owner of the disturbance and prejudice to the banking system. Under BP 22, the act is a crime
merchandise sold against public interest
2) Merchandise received under obligation to ‘return’ it to the owner + Where CHECK is DRAWN BY A CORPORATION, PERSON/S WHO ACTUALLY
+ It’s in the context of upholding public interest that the law now designates breach of SIGNED check in behalf of such drawer shall be LIABLE
trust receipt agreement to be an act that ‘shall’ make one liable for estafa
+ As far as trust receipts are concerned, failure to return the thing creates the BP 22 ESTAFA
presumption that there was intent to defraud LIABILITY INCURRED even Liability ONLY IF ISSUED
though check was issued in CONCURRENTLY &
BP 22 – BOUNCING CHECKS LAW payment of pre-existing RECIPROCALLY in
Elements: obligation payment of exchange
1) MAKING, DRAWING, AND ISSUING ANY CHECK TO APPLY TO ACCOUNT OR consideration. Check
FOR VALUE shouldn’t be for pre-existing
2) KNOWLEDGE OF MAKER/DRAWER/ISSUER THAT AT TIME OF ISSUE he obligation
DOESN’T HAVE SUFFICIENT FUNDS IN OR CREDIT W/ DRAWEE BANK FOR DAMAGE OR DECEIT IS DAMAGE TO OFFENDED
PAYMENT OF THE CHECK IN FULL UPON ITS PRESENTMENT IMMATERIAL to criminal & DECEIT OF OFFENDER
3) SUBSEQUENT DISHONOR of check by drawee bank for insufficiency of funds, liability ARE ESSENTIAL
OR DISHONOR OF CHECK for same reason had not the drawer, without any valid Crime against PUBLIC Crime against PROPERTY
cause, ordered the bank to stop payment INTEREST
ONLY DRAWER is liable. BOTH drawer & indorser
+ Made MERE ACT OF ISSUING A BUM CHECK MALUM PROHIBITUM INDORSER NOT LIABLE may incur liability, if latter
+GRAVAMEN of offense: ISSUANCE OF WORTHLESS CHECK was aware at time of
+ PRESUMPTION that issuer knew at the time of issue that he didn’t have sufficient indorsement of insufficiency
funds for payment of the check in full upon its presentment under the ff conditions: of funds
1) Presentment w/in 90 days from date of check Drawer given 5 BANKING Drawer given 3 DAYS
2) Dishonor of the check and failure of the maker to make arrangements for payment DAYS FROM NOTICE OF AFTER NOTICE OF
in full w/in 5 banking days after notice thereof DISHONOR to make good DISHONOR to make good
+ ABSENCE OF NOTICE OF DISHONOR necessarily deprives an accused the cash value thereof to avoid the cash value to avoid
opportunity to preclude a criminal prosecution criminal liability liability
+ 2 ways of violating BP 22 Malum PROHIBITUM Malum IN SE
1) Making or drawing and issuing a check to apply on account or for value knowing at
the time of issue that the check isn’t sufficiently funded 316. OTHER FORMS OF SWINDLING
2) Having sufficient funds in or credit with drawee bank but failing to keep sufficient Punished acts & respective elements:
funds or to maintain credit to cover full amount of the check when presented to 1) By conveying, selling, encumbering, or mortgaging any real property, pretending to
drawee bank w/in 90 days be the owner of the same
a) There’s an IMMOVABLE, such as a parcel of land or a building
b) OFFENDER WHO IS NOT THE OWNER REPRESENTS HIMSELF AS THE 2) He INDUCES SUCH MINOR TO ASSUME an obligation OR TO GIVE RELEASE
OWNER thereof OR TO EXECUTE A TRANSFER OF ANY PROPERTY RIGHT
c) Offender EXECUTES AN ACT OF OWNERSHIP such as selling, leasing, 3) CONSIDERATION is some loan of money, credit or other personal property
encumbering, or mortgaging the real property 4) TRANSACTION is TO THE DETRIMENT OF SUCH MINOR
2) By disposing of real property as free from encumbrance, although such
encumbrance isn’t recorded 318. OTHER DECEITS
a) THING DISPOSED IS REAL PROPERTY Punished acts:
b) OFFENDER KNEW REAL PROP WAS ENCUMBERED, WHETHER the 1) DEFRAUDING OR DAMAGING ANOTHER BY ANY OTHER DECEIT NOT
encumbrance was RECORDED OR NOT MENTIONED in the preceding articles
c) EXPRESS REPRESENTATION BY OFFENDER THAT REAL PROP IS FREE 2) INTERPRETING DREAMS, BY MAKING FORECASTS, TELLING FORTUNES,
FROM ENCUMBRANCE OR BY TAKING ADVANTAGE OF THE CREDULITY OF THE PUBLIC IN ANY
d) ACT OF DISPOSING of the real property is MADE TO THE DAMAGE OF OTHER SIMILAR MANNER, FOR PROFIT OR GAIN
ANOTHER
3) By wrongfully taking by the owner of his personal property from its lawful + CATCH-ALL PROVISION
possessor
a) Offender is the OWNER OF PERSONAL PROP PD 1689 – SYNDICATED ESTAFA
b) SAID PERSONAL PROP is IN the LAWFUL POSSESSION OF ANOTHER Elements:
c) Offender WRONGFULLY TAKES IT FROM ITS LAWFUL POSSESSOR 1) Estafa or other forms of swindling as defined in RPC 315 & 316 COMMITTED
d) PREJUDICE is thereby CAUSED TO THE POSSESSOR OR 3RD PERSON 2) ESTAFA COMMITTED BY A SYNDICATE
4) By executing any fictitious contract to prejudice of another 3) DEFRAUDATION RESULTS IN MISAPPROPRIATION of money contributed by
a) Offender EXECUTES A CONTRACT stockholders, or of funds solicited by corporations from the general public
b) FICTITIOUS CONTRACT
c) PREJUDICE IS CAUSED + SYNDICATE: consists of 5 OR MORE PERSONS FORMED W/ INTENTION OF
5) By accepting any compensation for services not rendered or for labor not CARRYING OUT THE UNLAWFUL OR ILLEGAL ACT
performed
a) Offender ACCEPTS ANY COMPENSATION FOR SERVICES OR LABOR 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
b) DIDN’T RENDER SERVICES OR PERFORM LABOR Punished acts & respective elements:
6) By selling, mortgaging or encumbering real property or properties with which the 1) Knowingly removing any personal property mortgaged under the Chattel Mortgage
offender guaranteed the fulfillment of his obligation as surety Law to any province or city other than the one in which it was located at the time of
a) Offender is a SURETY IN A BOND GIVEN IN A CRIMINAL OR CIVIL ACTION execution of the mortgage, w/o the written consent of the mortgagee or his executors,
b) He GUARANTEED THE FULFILLMENT OF SUCH OBLIGATION W/ HIS REAL administrators or assigns
PROP OR PROPERTIES a) PERSONAL PROP IS MORTGAGED under the Chattel Mortgage Law
c) He SELLS, MORTGAGES, OR IN ANY MANNER ENCUMBERS SAID REAL b) OFFENDER KNOWS such property is mortgaged
PROP c) Offender REMOVES SUCH mortgaged personal property TO ANY PROVINCE
d) Such SALE, MORTGAGE OR ENCUMBRANCE W/O EXPRESS AUTHORITY OR CITY OTHER THAN THE ONE IN W/C IT WAS LOCATED AT THE TIME OF the
FROM THE COURT, OR MADE BEFORE CANCELLATION OF HIS BOND, OR EXECUTION OF the MORTGAGE
BEFORE BEING RELIEVED FROM OBLIGATION HE CONTRACTED d) REMOVAL is PERMANENT
e) NO WRITTEN CONSENT of mortgagee or his executors, administrators or
+ Mere selling w/o disclosing encumbrance wouldn’t result to estafa – no law assigns to such removal
penalizing sale of encumbered property. It’s the DECEIT IN SELLING THE 2) Selling or pledging personal property already pledged, or any part thereof, under
PROPERTY THAT GIVES RISE TO CRIMINAL LIABILITY the terms of the Chattel Mortgage Law, without the consent of the mortgagee written
+ No deceit if seller didn’t make any warranty in the deed of sale that the property is on the back of the mortgage and noted on the record thereof in the office of the
free from encumbrance. The deed must have a false statement of warranty to commit register of deeds of the property where such property is located
the offense a) PERSONAL PROP IS ALREADY PLEDGED under the terms of the Chattel
+ Par. 3 holds owner of any personal property who shall wrongfully take it from its Mortgage Law
lawful possessor to the prejudice of the latter or any third person guilty of this crime b) Offender, who’s the MORTGAGOR of such property, SELLS OR PLEDGES
THE SAME OR ANY PART thereof
317. SWINDLING A MINOR c) NO CONSENT OF MORTGAGEE written on the back of the mortgage and
Elements: noted on the record thereof in the office of the register of deeds
1) Offender TAKES ADVANTAGE OF MINOR’S INEXPERIENCE OR
FEELINGS/EMOTIONS + Chattel mortgage – mortgage of personal property; can’t be mortgaged again,
unless the contract says you can
+ Real property mortgage can be mortgaged several times at once 1) CAUSING DAMAGE TO OBSTRUCT PERFORMANCE OF PUBLIC FUNCTIONS
2) USING any POISONOUS OR CORROSIVE SUBSTANCE
320. DESTRUCTIVE ARSON 3) SPREADING any INFECTION OR CONTAGION AMONG CATTLE
Punished acts: Burning 4) CAUSING DAMAGE TO the PROP OF THE NAT’L MUSEUM OR NAT’L LIBRARY,
1) 1 OR MORE BUILDINGS or edifices, CONSEQUENT TO A SINGLE ACT OF OR to ANY ARCHIVE OR REGISTRY, WATERWORKS, ROAD, PROMENADE, OR
BURNING, OR AS A RESULT OF SIMULTANEOUS BURNINGS, OR COMMITTED ANY OTHER THING USED IN COMMON BY THE PUBLIC
ON SEVERAL OR DIFFERENT OCCASIONS
2) ANY BUILDING DEVOTED TO THE PUBLIC IN GENERAL, regardless of whether + No longer any malicious mischief involving large cattle – that’s now a violation of
offender had knowledge that there are persons in said building or edifice at the time PD 533
it’s set on fire & regardless also of whether the building is actually inhabited or not
3) ANY train or LOCOMOTIVE, ship or VESSEL, AIRSHIP or airplane, DEVOTED TO 329. OTHER MISCHIEFS
TRANSPORTATION OR CONVEYANCE, OR FOR PUBLIC USE, ENTERTAINMENT + Penalties for mischief not included in next preceding article, based on value of
OR LEISURE damage caused
4) ANY BUILDING, FACTORY, WAREHOUSE INSTALLATION, & any
APPURTENANCES THERETO, which are DEVOTED TO the service of PUBLIC 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
UTILITIES + Penalties imposed upon any person
5) ANY BUILDING the BURNING OF W/C IS FOR the purpose of CONCEALING OR - damage any railway, telegraph or telephone lines
DESTROYING EVIDENCE OF ANOTHER VIOLATION OF THE LAW, OR FOR the - damage results in any derailment of cars, collision or other accident, w/o
purpose of CONCEALING BANKRUPTCY OR DEFRAUDING CREDITORS OR TO prejudice to the criminal liability of the offender for the other consequences
COLLECT FROM INSURANCE of his criminal act
6) Any ARSENAL, SHIPYARD, STOREHOUSE, OR MILITARY POWER OR
FIREWORKS FACTORY, ORDINANCE, STOREHOUSE, ARCHIVES, OR GEN. 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR
MUSEUM OF THE GOV’T PAINTINGS
7) INHABITED PLACE, ANY STOREHOUSE OR FACTORY OF INFLAMMABLE OR + Penalties imposed for destroying or damaging
EXPLOSIVE MATERIALS - statues or any other useful or ornamental public monument
- any useful or ornamental painting of a public nature
+ PURPOSE of the law: to effectively discourage and deter the commission of the
crime, to prevent the destruction of properties and protect the lives of innocent people 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY
+ Nature of destructive arson is distinguished from simple arson by the degree of Crimes involved in exemption:
perversity or viciousness of the criminal offender 1) THEFT
+ Simple arson under PD 1613 contemplates crimes with less significant social, 2) ESTAFA
economic, political and national security implications than destructive arson 3) MALICIOUS MISCHIEF
Persons exempted from criminal liability
327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF 1) SPOUSE, ASCENDANTS AND DESCENDANTS, OR RELATIVES BY AFFINITY
Elements: IN THE SAME LINE
1) OFFENDER DELIBERATELY CAUSED DAMAGE TO ANOTHER’S PROP 2) WIDOWED SPOUSE with respect to the PROPERTY W/C BELONGED TO THE
2) SUCH act DOESN’T CONSTITUTE ARSON OR OTHER CRIMES INVOLVING DECEASED SPOUSE before the same passed into the possession of another
DESTRUCTION 3) BROTHERS & SISTERS AND BROTHERS-IN-LAW & SISTERS-IN-LAW, if living
3) ACT OF DAMAGING ANOTHER’S PROP was COMMITTED MERELY FOR THE together
SAKE OF DAMAGING IT
+ No exemption
+ MALICIOUS MISCHIEF: any means of causing damage to the property of another - Estafa is complexed with other crimes
without the use of fire or pyrotechnic (arson). There must be specific INTENT TO - Destruction musn’t be by means of burning – that’s arson, not malicious
DESTROY THE PROP OF ANOTHER mischief
+ If the intent is to irritate a person, the crime is unjust vexation. Malicious mischief is
against property while unjust vexation is against personal security. CRIMES AGAINST CHASTITY
+ Malicious mischief is COMMITTED ONLY BY DOLO because malice is an inherent
element. The offender shouldn’t appropriate the property or portion thereof; 333. WHO ARE GUILTY OF ADULTERY
otherwise, the crime is theft. Elements:
1) MARRIED WOMAN
328. SPECIAL CASES OF MALICIOUS MISCHIEF 2) She HAS SEXUAL INTERCOURSE W/ A MAN NOT HER HUSBAND
Punished acts:
3) MAN w/ whom she has sexual intercourse MUST KNOW SHE’S MARRIED a) Offended party is a VIRGIN, which is PRESUMED IF SHE’S UNMARRIED AND
OF GOOD REPUTATION
+ ONLY the OFFENDED SPOUSE CAN INITIATE THE ACTION but BOTH b) She’s OVER 12 AND UNDER 18 years of age
OFFENDERS in adultery or concubinage MUST BE NAMED IN THE COMPLAINT c) OFFENDER HAS SEXUAL INTERCOURSE WITH HER
+ COMPLAINANT MUST BE A SPOUSE AT THE TIME OF THE COMPLAINT. If at d) There’s ABUSE OF AUTHORITY, CONFIDENCE OR RELATIONSHIP ON THE
the time of the filing, complainant has obtained a divorce abroad, although not PART OF THE OFFENDER
recognized here, he has no standing to file the complaint 2) Seduction of a SISTER BY HER BROTHER, OR DESCENDANT BY HER
+ AS MANY COUNTS OF ADULTERY AS THERE ARE SEXUAL ACTS just like in ASCENDANT, REGARDLESS OF HER AGE OR REPUTATION
rape. ADULTERY CAN ONLY BE ATTEMPTED OR CONSUMMATED because the a) Offended party NEED NOT BE A VIRGIN OR SHE MAY BE OVER 18 years of
essence is CARNAL KNOWLEDGE age
+ Even if the marriage is subsequently declared void, adultery can still be committed. b) OFFENDER HAS SEXUAL INTERCOURSE WITH HER
+ Adultery COMMITTED IN A STATE OF ABANDONMENT is an EXTENUATING c) Offender is HER BROTHER OR ASCENDANT BY CONSANGUINITY, whether
CIRCUMSTANCE legitimate or illegitimate

334. CONCUBINAGE + No consent in rape. In seduction, THERE’S CONSENT BUT SUCH WAS
Elements: SECURED THROUGH CAJOLERY OR DECEIT
1) MARRIED MAN
2) EITHER 338. SIMPLE SEDUCTION
a) KEEPING A MISTRESS IN THE CONJUGAL DWELLING Elements:
b) HAVING SEXUAL INTERCOURSE UNDER SCANDALOUS 1) OFFENDED PARTY is OVER 12 AND UNDER 18 YRS OLD
CIRCUMSTANCES W/ A WOMAN NOT HIS WIFE 2) OF GOOD REPUTATION, SINGLE OR WIDOW
c) COHABITING WITH A WOMAN NOT HIS WIFE in any other place 3) OFFENDER HAD SEXUAL INTERCOURSE WITH HER
3) WOMAN MUST KNOW THE MAN IS MARRIED 4) It’s COMMITTED BY MEANS OF DECEIT

+ SEXUAL INTERCOURSE NOT AN INDISPENSABLE ELEMENT of concubinage +Deceit consisting of PROMISE OF MARRIAGE to a minor
+ Concubine is penalized only by destierro SIMPLE SEDUCTION QUALIFIED SEDUCTION
+ For either CONSENT OR PARDON TO BENEFIT THE ACCUSED in adultery or Woman is SINGLE OR Woman is a VIRGIN
concubinage, it MUST BE GIVEN PRIOR TO THE FILING OF A CRIMINAL WIDOW OF GOOD
COMPLAINT REPUTATION
May be committed by ANY Offender is a PERSON IN
336. ACTS OF LASCIVIOUSNESS
PERSON PUBLIC AUTHORITY,
Elements:
priest, house servant … or
1) Offender COMMITS ANY ACT OF LASCIVIOUSNESS OR LEWDNESS
any person entrusted with
2) ACT of lasciviousness is COMMITTED AGAINST A PERSON OF EITHER SEX
the education or custody of
3) DONE UNDER ANY OF THE FF. circumstances:
the woman
a) By USING FORCE OR INTIMIDATION
Victim OVER 12 BUT When the offender is the
b) When OFFENDED PARTY IS DEPRIVED OF REASON or otherwise
UNDER 18 years old brother or an ascendant,
UNCONSCIOUS
VIC’S AGE AND MORAL
c) By means of FRAUDULENT MACHINATION OR GRAVE ABUSE OF
REPUTATION IS NOT
AUTHORITY
MATERIAL
d) OFFENDED PARTY is LESS THAN 12 YRS OF AGE OR is DEMENTED

+ Committed against a male or female and under circumstances of rape. In 339 the 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED
acts of lasciviousness are committed under circumstances of seduction and the victim PARTY
must be a female Elements:
+ Compared to attempted rape: for both, there’s no penetration. More importantly, IN 1) OFFENDER COMMITS ACTS OF LASCIVIOUSNESS or lewdness
ACTS OF LASCIVIOUSNESS, there is LACK OF INTENT TO PENETRATE 2) ACTS are COMMITTED UPON A WOMAN who’s a VIRGIN OR SINGLE OR
WIDOW OF GOOD REPUTATION, UNDER 18 BUT OVER 12 years of age, OR A
337. QUALIFIED SEDUCTION SISTER OR DESCENDANT, regardless of her reputation or age
Punished acts & respective elements: 3) OFFENDER ACCOMPLISHES the ACTS BY ABUSE OF AUTHORITY,
1) Seduction of a VIRGIN 12<x<18 YRS OF AGE BY CERTAIN PERSONS, such as a CONFIDENCE, RELATIONSHIP, OR DECEIT
person in authority, priest, or teacher
+ Acts of lasciviousness in 339 are committed under circumstances of seduction and + ADULTERY & CONCUBINAGE must be prosecuted UPON COMPLAINT SIGNED
the victim must be a female BY THE OFFENDED SPOUSE
+ SEDUCTION, ABDUCTION, OR ACTS OF LASCIVIOUSNESS must be prosecuted
340. CORRUPTION OF MINORS UPON COMPLAINT SIGNED BY
Elements: - OFFENDED PARTY
1) Offender PROMOTES OR FACILITATES THE PROSTITUTION OR - Her PARENTS, GRANDPARENTS, OR GUARDIANS, in the order they’re
CORRUPTION OF PERSONS UNDER AGE herein named
2) PURPOSE is TO SATISFY THE LUST OF ANOTHER
+ Pardon by the offended party doesn’t extinguish criminal liability. To be effective, it
341. WHITE SLAVE TRADE must be given prior to the institution of the criminal case
Punished acts:
1) ENGAGING IN the business of PROSTITUTION 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY
2) PROFITING BY PROSTITUTION 1) Persons guilty of RAPE, SEDUCTION, OR ABDUCTION sentenced to
3) ENLISTING the SERVICES OF WOMEN FOR the purpose of PROSTITUTION - INDEMNIFY offended woman
- ACKNOWLEDGE OFFSPRING, unless the law should prevent him from doing so
+ Check PAGE 6 FOR RA 7610 NOTES - SUPPORT THE OFFSPRING, in any case
2) ADULTERER & CONCUBINE may also be sentenced, IN THE SAME
342. FORCIBLE ABDUCTION PROCEEDING OR A SEPARATE CIVIL PROCEEDING, to INDEMNIFY FOR
Elements: DAMAGES CAUSED to the offended spouse
1) PERSON ABDUCTED is ANY WOMAN, regardless of her age, civil status, or
reputation + Indemnification under 345(1) should be absolute and is never conditioned upon the
2) Abducted AGAINST HER WILL financial capacity of the accused
3) Abduction is WITH LEWD DESIGNS
346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER
+ Acts of lasciviousness are overt acts manifesting lewd designs PERSONS ENTRUSTED WITH THE CUSTODY OF THE OFFENDED PARTY
+ No lewd design = serious illegal detention 1) The ascendants, guardians, curators, teachers & ANY PERSON WHO, BY ABUSE
+ For FORCIBLE ABDUCTION WITH RAPE, 4TH ELEMENT = abducted woman is OF AUTHORITY OR CONFIDENTIAL RELATIONSHIPS, shall COOPERATE AS
raped under any of the circumstances in 335 (offender had carnal knowledge of a ACCOMPLICES in the perpetration of the crimes embraced in Chapters Two, Three
woman & such is accomplished by using force or intimidation) and Four of this Title (from acts of lasciviousness to consented abduction), shall be
+ Use of deadly weapon, being a qualifying circumstance, must be alleged in the PUNISHED AS PRINCIPALS
information 2) Teachers or other PERSONS in any other capacity ENTRUSTED WITH THE
+ Only when the rape is consummated can the complex crime of forcible abduction EDUCATION AND GUIDANCE OF YOUTH, shall also suffer penalty of TEMPORARY
with rape be committed. SPECIAL DISQUALIFICATION in its max period to PERPETUAL SPECIAL
+ ONLY ONE of several rapes is complexed with forcible abduction. OTHER RAPES DISQUALIFICATION
ARE CHARGED SEPARATELY as one count each 3) ANY PERSON FALLING WITHIN THE TERMS OF THIS ARTICLE, and any other
person guilty of corruption of minors for the benefit of another, shall be punished by
343. CONSENTED ABDUCTION special disqualification from filling the office of guardian
Elements:
1) Offended party is a VIRGIN CRIMES AGAINST THE CIVIL STATUS OF PERSONS
2) OVER 12 AND UNDER 18 years of age + STATE INTEREST: Preserve identity regulated under the CC – birth, marriage,
3) Offender TAKES HER AWAY WITH HER CONSENT, AFTER SOLICITATION OR death
CAJOLERY
4) TAKING AWAY is WITH LEWD DESIGNS 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER,
AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD
+ GRAVAMEN of the offense – ALARM & DISTURBANCE TO THE PARENTS & Punished acts:
FAMILY OF THE VIC AND THE INFRINGEMENT OF THEIR RIGHTS 1) SIMULATION OF BIRTHS
+ Victim consent because of cajolery – short of deceit 2) SUBSTITUTION OF ONE CHILD FOR ANOTHER
+ There’s a taking away from the family – take out of family’s control 3) CONCEALING OR ABANDONING ANY LEGITIMATE CHILD WITH INTENT TO
CAUSE SUCH CHILD TO LOSE ITS CIVIL STATUS
344. PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS + Simulation of birth MUST BE MADE IN THE RECORD OF BIRTH; simulation in any
other document is falsification
+ WOMAN WHO SIMULATES birth & the ONE WHO FURNISHES THE CHILD are 2) WOMAN WHO, her marriage having been annulled or dissolved, MARRIED
both liable as principals BEFORE HER DELIVERY OR BEFORE the EXPIRATION OF 301-DAY PERIOD
+ Per RA 7610, the crime is committed by the PARENTS WHO AGREE TO THE AFTER THE date of the LEGAL SEPARATION
ADOPTION of the child FOR A CONSIDERATION; or the PHYSICIAN who MAKES IT
APPEAR IN THE RECORD OF BIRTH that the supposed parents are the natural + REASON FOR 351: prevent confusion as to child’s paternity. If the woman isn’t
parents pregnant when she married or if her pregnancy is then manifest, there’s no confusion
+ Object of the crime under 347 is the creation of false, or the causing of the loss of, as to the child’s paternity.
civil status + Absent the reason for the law, the law doesn’t apply. If the woman is barren, the
same principle holds true
348. USURPATION OF CIVIL STATUS
+ Gives penalties should person usurp another’s civil status for defrauding offended 352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY
party or his heirs, or otherwise Persons liable:
+ PRIESTS OR MINISTERS of any religious denomination or sect, or civil authorities
349. BIGAMY
Elements: + Persons who PRETEND TO BE PRIESTS will be LIABLE FOR USURPATION OF
1) Offender HAS BEEN LEGALLY MARRIED OFFICIAL FUNCTION
2) MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED OR, in case his/her spouse
is absent, ABSENT SPOUSE COULD NOT YET BE PRESUMED DEAD CRIMES AGAINST HONOR
3) CONTRACTS 2ND OR SUBSEQUENT MARRIAGE
4) 2ND OR SUBSEQUENT MARRIAGE HAS ALL ESSENTIAL REQUISITES for 353. DEFINITION OF LIBEL
validity Elements:
1) There must be an IMPUTATION of a crime, or of a vice or defect, real or imaginary,
+ Necessity for a JUDICIAL DECLARATION OF ABSOLUTE NULLITY OF or any act, omission, condition, status, or circumstance
MARRIAGE before contracting another. Such requirement is also for the protection of 2) Imputation must be MADE PUBLICLY
the spouse who, believing that his marriage is illegal and void, marries again. 3) Must be MALICIOUS
4) Imputation must TEND TO CAUSE the DISHONOR, DISCREDIT OR CONTEMPT
350. ILLEGAL MARRIAGE OF the PERSON DEFAMED
Elements:
1) Offender CONTRACTED MARRIAGE + LIBEL: a public and malicious imputation of a crime even if true of a vice or defect,
2) KNEW AT THE TIME THAT: real or imaginary or any act or omission, condition, status, or circumstance tending to
a) LEGAL REQ’TS WEREN’T COMPLIED WITH cause dishonor, discredit, or contempt of a natural person, juridical person, or blacken
b) MARRIAGE was IN DISREGARD OF A LEGAL IMPEDIMENT the memory of one who is dead
+ To satisfy the element of IDENTIFIABILITY, it must be shown that AT LEAST A 3RD
BIGAMY ILLEGAL MARRIAGE PERSON OR A STRANGER WAS ABLE TO IDENTIFY HIM AS THE OBJECT OF
Subsequent marriage must Subsequent marriage is THE DEFAMATORY STATEMENT
be perfectly VALID EXCEPT NULL OR ANNULLABLE + ELEMENTS OF LIBEL
it’s BIGAMOUS EVEN IF THERE’S NO 1ST 1) IMPUTATION
MARRIAGE 2) PUBLICITY
LIMITED to offender’s COVERS ALL marriages 3) MALICE
CONTRACTING 2ND which are otherwise 4) IDENTIFIABLE PERSON
MARRIAGE BEFORE FMR voidable or null and void 5) TENDS TO CAUSE DISCREDIT, etc.
HAS BEEN LEGALLY EXCEPT BIGAMOUS
DISSOLVED or before MARRIAGES 354. REQUIREMENT FOR PUBLICITY
absent spouse has been + EVERY defamatory IMPUTATION IS PRESUMED to be MALICIOUS, even if it be
declared presumptively true, IF NO GOOD INTENTION & JUSTIFIABLE MOTIVE FOR MAKING IT IS
dead SHOWN. EXCEPTIONS:
- PRIVATE COMMUNICATION made by any person to another in the
351. PREMATURE MARRIAGE performance of any legal, moral, or social duty
Persons liable: - FAIR AND TRUE REPORT, made in good faith, without any
1) WIDOW who is MARRIED W/IN 301 DAYS FROM DATE OF HER HUSBAND’S comments/remarks, of any JUDICIAL, LEGISLATIVE, OR OTHER
DEATH, OR BEFORE HAVING DELIVERED if she’s pregnant at the time of his death OFFICIAL PROCEEDINGS W/C AREN’T OF CONFIDENTIAL NATURE, or
of any statement, report, or speech delivered in said proceedings, or of any 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF
other act performed by public officers in the exercise of their functions OFFICIAL PROCEEDINGS
Elements:
+ There is PUBLICITY if the MATERIAL IS COMMUNICATED TO A 3RD PERSON. It’s 1) Offender is a REPORTER, EDITOR, OR MANAGER of a NEWSPAPER, daily or
not required that the person defamed has read or heard about the libelous remark. magazine
What is material is that a third person has read or heard the libelous statement 2) He PUBLISHES FACTS CONNECTED W/ THE PRIVATE LIFE OF ANOTHER
+ Imputation is legally malicious if done without any reason that would justify a 3) SUCH facts are OFFENSIVE TO THE HONOR, VIRTUE AND REPUTATION OF
normally conscientious man in so making the imputation. SAID PERSON
+ DOCTRINE OF FAIR COMMENT: While in general every discernible imputation
publicly made is deemed false, when the imputation is directed against a PUBLIC 358. SLANDER
PERSON IN HIS PUBLIC CAPACITY, it’s not necessarily actionable. Kinds of oral defamation:
+ If the comment is an expression of an opinion, based on established facts, then it’s 1) SIMPLE slander
immaterial that the opinion happens to be mistaken, as long as it might be reasonably 2) GRAVE slander, when it is of a serious and insulting nature
inferred from the facts.
+ Source of the statement is known. If the intrigue is in writing:
+ KINDS OF PRIVILEGE - FALSIFICATION, if not under oath (false narration of facts)
1) ABSOLUTE: law doesn’t allow malice as a factor. NOT ACTIONABLE - PERJURY, if under oath
- Statements by lawyers in pleadings which are relevant to the case + CONSIDER GRAVITY on basis of EXPRESSIONS USED & ATTENDANT
- Statements in judicial, legislative, or other official proceedings CIRCUMSTANCES
- Acts of State + As your status goes up, the more respect you’re entitled to and the bigger the
2) QUALIFIED: not actionable unless author was in bad faith – ACTIONABLE IF amount of damages you can claim
MALICE IN FACT IS SHOWN
+ UNNECESSARY PUBLICATION DESTROYS THE PRIVILEGE 359. SLANDER BY DEED
+ MALICE IN LAW: that which the law presumes to be present where the offender Elements:
can’t establish justifiable reasons or good motives for the imputation. Complainant 1) Offender PERFORMS ANY ACT NOT INCLUDED IN ANY OTHER CRIME
doesn’t have to prove its existence because it’s presumed by law AGAINST HONOR
+ MALICE IN FACT: that which the complainant has to prove to exist. Offended must 2) SUCH act is PERFORMED IN the PRESENCE OF OTHER PERSON/S
prove the existence of malice to hold the offender criminally and civilly liable. This 3) SUCH act CASTS DISHONOR, DISCREDIT OR CONTEMPT UPON THE
malice is RELEVANT IN QUALIFIED PRIVILEGED COMMUNICATIONS. OFFENDED PARTY

355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS + Differentiated from:


Libel may be committed by means of: - Acts of lasciviousness: LEWD DESIGN
1) Writing - Unjust vexation: ANNOYANCE
2) Printing - SLANDER BY DEED: PUBLICITY THAT LEADS TO SHAME
3) Lithography
4) Engraving 360. PERSONS RESPONSIBLE
5) Radio Persons responsible for libel:
6) Photograph 1) ANY PERSON who shall PUBLISH, EXHIBIT, OR CAUSE THE PUBLICATION OR
7) Painting EXHIBITION of any defamation in writing or by similar means
8) Theatrical exhibition 2) The AUTHOR OR EDITOR of a BOOK OR PAMPHLET
9) Cinematographic exhibition 3) The EDITOR OR BUSINESS MANAGER of a DAILY NEWSPAPER, MAGAZINE,
10) Any similar means OR SERIAL PUBLICATION

356. THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH 361. PROOF OF THE TRUTH
PUBLICATION FOR A COMPENSATION Proof of the truth is admissible in any of the ff.:
Punished acts: 1) When the ACT OR OMISSION IMPUTED CONSTITUTES A CRIME regardless of
1) THREATENING ANOTHER TO PUBLISH A LIBEL concerning him, or his parents, whether the offended party is a private individual or a public officer
spouse, child, or other family members 2) When the OFFENDED PARTY IS A GOV’T EMPLOYEE, even if the ACT OR
2) OFFERING TO PREVENT the PUBLICATION OF SUCH libel for compensation or OMISSION doesn’t constitute a crime, provided, it’s RELATED TO THE DISCHARGE
money consideration OF HIS OFFICIAL DUTIES
+ GEN. RULE: Evidence proving the imputation is objectionable because such is
inadmissible. 361 provides the exceptions RA 4200 – ANTI-WIRETAPPING LAW
+ The question is whether from the fact that the statements were defamatory, malice + Penalizes acts of SECRETLY OVERHEARING, INTERCEPTING OR RECORDING
can be presumed so that it was incumbent upon petitioner to overcome such PRIVATE COMMUNICATIONS by means of devices enumerated therein. Mere
presumption allegation that an individual made a secret recording of a private communication by
+ RULE OF ACTUAL MALICE: Even if the defamatory statement is false, no liability means of a tape recorder would suffice to constitute an offense
can attach if it relates to official conduct, unless the public official concerned proves + ANY RECORDING is INADMISSIBLE unless it’s W/ CONSENT OF BOTH
that the statement was made with actual malice – that is, with knowledge that it was PARTIES OR THROUGH COURT ORDER
false or with reckless disregard of whether it was false or not + Makes it ILLEGAL FOR ANY PERSON, NOT AUTHORIZED BY ALL THE PARTIES
to any private communication to secretly record such communication… The law
+ When person is a PUBLIC FIGURE, anything that is in connection with why he’s in makes NO DISTINCTION AS TO WHETHER the PARTY SOUGHT TO BE
the spotlight is fair game. Imputation regarding something purely private is actionable PENALIZED BE A PARTY OTHER THAN or different from THOSE INVOLVED IN
+ For PUBLIC OFFICIALS, it’s not actionable if it’s in connection with what they do in PRIVATE COMMUNICATION
office – performance of duty or fitness to hold public office + There must be EITHER a PHYSICAL INTERRUPTION through a WIRETAP or the
DELIBERATE INSTALLATION of a device or arrangement for that purpose.
+ ONLY THE OFFENDED PARTY CAN FILE Interception by an extension phone not considered under “any other device or
+ Rules on VENUE arrangement”
1) PRIVATE individual + Framers of the law more concerned with penalizing the act of recording than the act
- WHERE HE RESIDES at the time the offense was committed of merely listening to a telephone conversation
- PLACE OF FIRST PUBLICATION
2) PUBLIC OFFICIAL CRIMINAL NEGLIGENCE
- Where he HOLDS OFFICE
- PLACE OF FIRST PUBLICATION 365. IMPRUDENCE AND NEGLIGENCE
Punished acts:
362. LIBELOUS REMARKS 1) Committing through RECKLESS IMPRUDENCE ANY ACT WHICH, had it been
+ Libelous remarks or comments CONNECTED ON MATTERS PRIVILEGED, IF intentional, WOULD CONSTITUTE A GRAVE OR LESS GRAVE FELONY OR LIGHT
MADE WITH MALICE IN FACT, DON’T EXEMPT the author or editor. FELONY
2) Committing through SIMPLE IMPRUDENCE OR NEGLIGENCE AN ACT WHICH
363. INCRIMINATING INNOCENT PERSONS WOULD otherwise CONSTITUTE A GRAVE OR LESS SERIOUS FELONY
Elements: 3) CAUSING DAMAGE TO the PROPERTY OF ANOTHER THROUGH RECKLESS
1) OFFENDER PERFORMS an act IMPRUDENCE OR SIMPLE IMPRUDENCE OR NEGLIGENCE
2) BY SUCH an act, HE INCRIMINATES OR IMPUTES TO AN INNOCENT PERSON 4) CAUSING THROUGH SIMPLE IMPRUDENCE OR NEGLIGENCE SOME
THE COMMISSION OF A CRIME WRONG WHICH, if done maliciously, WOULD’VE CONSTITUTED A LIGHT FELONY
3) SUCH act DOESN’T CONSTITUTE PERJURY
+ NEGLIGENCE: Lack of FORESIGHT – you SHOULD’VE KNOWN
+ Limited to PLANTING EVIDENCE + IMPRUDENCE: Lack of SKILL – you SHOULD’VE BEEN MORE CAREFUL
+ This act is resorted to by officers to enable them to arrest the subject, in which case + ACCIDENT IS EXEMPTING: no intent and no negligence or imprudence
the arrest is unlawful. The crime is unlawful arrest through incriminating innocent
persons Elements of RECKLESS IMPRUDENCE
+ Example: Taking one’s wallet and putting it into another’s pocket imputing that the 1) Offender DOES OR FAILS TO DO AN ACT
latter committed theft 2) DOING OR FAILURE TO DO THAT ACT is VOLUNTARY
3) WITHOUT MALICE
364. INTRIGUING AGAINST HONOR 4) RESULTING IN MATERIAL DAMAGE
Elements: 5) There’s INEXCUSABLE LACK OF PRECAUTION ON OFFENDER’S PART
1) Offender DISSEMINATES ANY INTRIGUE CONSIDERING:
2) Its principal PURPOSE is TO BLEMISH the HONOR OR REPUTATION OF A a) His EMPLOYMENT OR OCCUPATION
PERSON b) DEGREE OF INTELLIGENCE & PHYSICAL CONDITION
c) OTHER CIRCUMSTANCES regarding persons, time and place
+ Any intrigue which has for its principal purpose to blemish the honor or reputation of
a person. The author is unknown and the offender utters only what he heard others + In reckless imprudence, the impending damage is immediate and the danger
say manifest; otherwise it’s simple imprudence
+ Must prove existence of a scheme
+ Malice is the antithesis of reckless imprudence. Once malice is proven, When the doctrine is appropriate, all that the patient must do is PROVE A NEXUS
recklessness disappears BETWEEN THE PARTICULAR ACT or omission COMPLAINED OF AND THE
+ DEGREE OF CARELESSNESS OR LACK OF FORESIGHT results in distinction as INJURY SUSTAINED while under the custody and management of the defendant.
to penalty

Elements of SIMPLE IMPRUDENCE


1) There’s LACK OF PRECAUTION ON the PART OF the OFFENDER
2) DAMAGE IMPENDING TO BE CAUSED ISN’T IMMEDIATE OR the DANGER
ISN’T CLEARLY MANIFEST

+ SIMPLE NEGLIGENCE: mere lack of prevision in a situation where either the


threatened harm is not immediate or the danger not openly visible

+ MEDICAL MALPRACTICE: a particular form of negligence which consists in the


failure of a physician or surgeon to apply to his practice of medicine that degree of
care and skill which is ordinarily employed by the profession generally, under similar
conditions, and in like surrounding circumstances
Elements:
1) DUTY
2) BREACH
3) INJURY
4) PROXIMATE CAUSE
+ Patient must prove the doctor either failed to do something which a reasonably
prudent doctor would’ve done, or that s/he did something that a reasonably prudent
doctor wouldn’t have done, and that the failure or action caused injury to the patient

+ NEGATIVE INGREDIENT TEST: present best evidence procurable under the


circumstances to shift burden of disproving or creating the proof of the negative
ingredient to the accused, provided such initial evidence establishes at least on a
prima facie basis the guilt of the accused (normally prosecution must prove what
accused failed to do)

+ EMERGENCY RULE: Person is in a place of danger, and is required to act without


time to consider the best means that may be adopted to avoid the impending danger,
is not guilty of negligence if he fails to adopt what may appear to have been a better
method, unless the emergency is brought about by his own negligence

+ RES IPSA LOQUITUR is generally restricted to situations in malpractice cases


where a layman in able to say, as a matter of common knowledge and observation,
that the consequences of professional care weren’t as such as would ordinarily have
been followed if due care had been exercised
Requisites for application of res ipsa loquitur:
1) Accident was OF THE KIND W/C DOESN’T ORDINARILY OCCUR UNLESS
SOMEONE IS NEGLIGENT
2) INSTRUMENTALITY or agency W/C CAUSED the INJURY was UNDER THE
EXCLUSIVE CONTROL OF THE PERSON IN CHARGE
3) INJURY SUFFERED must NOT have been DUE TO ANY VOLUNTARY ACTION
OR CONTRIBUTION OF the PERSON INJURED
+ Generally, expert medical testimony is relied upon in malpractice suits to prove a
doctor has done a negligent act or deviated from standard medical procedure. When
the doctrine of RES IPSA LOQUITUR is availed by the plaintiff, the need for expert
testimony is dispensed with because the injury itself provides proof of negligence.