UNIVERSITY OF THE PHILIPPINES CRIMINAL LAW

College of Law REVIEW

2nd Semester, AY ’19-‘20
ATTY. THEODORE O. TE

NOTES ON ANDRAGOGY1 AND EVALUATION

COVERAGE

(1) This is not a basic course in criminal law. It  Your performance in this
is a review course that will focus on helping Review will be evaluated
you recall, remember, organize, and when you take the 2020 Bar
synthesize what you have learned from Examinations. But for
your previous criminal law courses. purposes of the University’s
(2) The course design will incorporate academic requirements,
evaluation will be based on
learnings in how to learn (organizing the
the following components:
subject matter) and how to take a test (the
(a) Four short exams (One
Bar exam, in this instance). after Book 1, another after
(3) We will use, as materials: a.) The law itself, the First Part of Book 2, the
i.e., the Revised Penal Code, b.) Special third after the Second Part of
penal laws indicated in this Outline, and c.) Book 2, and the last after
the cases assigned in this Outline. The Special Penal Laws). The total
cases are illustrative, so there will be older of all the short exams which
cases that demonstrate the principle or constitute 70% of your final
doctrine or may be seminal; there will also grade. The mock bar
be newer cases. (equivalent to a
(4) Consistent with andragogy, the Review will departmental final exam) will
largely depend on your efforts. Input, by be equal to 30% of your final
way of short interventions on specific areas grade.
of the law (primarily Book 1, some parts of  We will start the Review with
Book 2, and some special penal laws), will a short diagnostic exam that
will be graded but will not
be given but the primarily learning will
factor into your final grade. It
come from you through the questions you is intended to establish a
ask as well as in the application of the starting point for evaluation.
principles of adult learning to criminal law.
(5) We will follow the syllabus (for item
coverage) released by the Supreme Court,
through the 2019 Bar Chair Associate
Justice Estela M. Perlas-Bernabe in the
absence of a syllabus for the 2020 Bar
(which has yet to be released).

1
Malcolm Knowles’s Theory of Andragogy (or Adult Learning) emphasizes that adults are self-
directed and are expected to take responsibility for decisions. Andragogy makes the following
assumptions about the design of learning: (1) Adults need to know why they need to learn
something; (2) Adults need to learn experientially; (3) Adults approach learning as problem-
solving; and (4) Adults learn best when the topic is of immediate value. Andragogy (as opposed to
Pedagogy) means that the instruction needs to focus more on the process and less on the content
being taught. Instructors adopt a role of facilitator or resource rather than lecturer or grader.
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PROGRAM OF STUDY
BOOK TWO, PART ONE

FELONIES AND THEIR PENALTIES

Title One: Crimes Against National Security & The Law of Nations

Read, generally:
RA 9372 “The Human Security Act”

Terrorism: To cause widespread fear.

S3- DEFINITION
S4- CONSPIRACY, similar to Art 8 definition

Check fact pattern, if the q is abt any of the listed crimes, its TERRORISM if
the additional elements:
1) Widespread fear & panic
2) Condition on govt to give in to unlawful demand
are present

ON ACCOMPLICE: Penalty not found in RPC—very specific.

Art. 2, RPC

1. Treason (Art. 114)

Elements:
1) Time of war
2) Filipino or foreigner who is a resident
3) levies war against PH/ adheres to enemies, giving them aid or comfort
*Go back Art. 2: Treason can be committed outside the PH

Modes:
1) Levies war
2) Adhering- supporting
Which gives aid to enemies during times of war

Treason cannot be proven unless testimony of 2 witnesses to same overt act

or on confession- why? This is a serious felony.
(Is a confession, a plea of guilt? NO. A confession is not just admitting
guilt but also the fact that leads to guilt. Without this fact, the
conviction of treason might not stand)

Q: What if offender wore uniform of enemy, treason?? IF shown that

adherence gives aid or comfort pwede.
Q: Giving information? Yes pwede!!
Q: Can espionage be prosecuted separately if the act of treason is the act of
espionage?
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a. Laurel v. Misa, 77 Phil. 856

b. People v. Perez, 83 Phil 314
c. People v. Prieto, 80 Phil 138
d. People v. Manayao, 78 Phil 721
e. People v. Adriano, 78 Phil 561
2. Conspiracy and proposal to commit treason (Art. 115); cf. Art. 8, RPC

This is an example of Art. 8 Conspiracy where the law punishes it

specifically.
Definition in Art. 8 applied.

3. Misprision of treason (Art. 116); cf. Art. 3, RPC

Not disclosing knowledge or information about treason about to be

committed.
Who can commit? Only PH citizen.

4. Espionage (Art. 117)

Does not necessarily have to be at time of war.

How to commit
-First way:
1) Person without authority enters fort/ warship/ military establishment
2) For purpose of obtaining info of confidential nature relevant to defense of
the PH
-2nd way:
1) By reason of public office has info
2) Discloses to foreign representative – not naman ANY foreigner but doesn’t
need to be a public officer either must have an interest in the information

Last paragraph applies to second part-> next higher penalty if offender is

public officer.

CAN TREASON AND ESPIONAGE BE FILED SEPARATELY FOR SAME

ACT? Yes.
DOUBLE JEOPARDY? NO? Rule: is it necessarily included?? [THEY ARENT]
BUT: 117 par 2 during time of war may be considered

a. CA 616
b. Santos v. Misa, 76 Phil. 415

[PROVIKING WAR AND DISLOYALTY]

5. Inciting to war or giving motives for reprisals (Art. 118); cf. Art. 17, RPC
6. Violation of neutrality (Art. 119)
7. Correspondence with hostile country (Art. 120)
8. Flight to enemy’s country (Art. 121)
9. Piracy and mutiny (Art. 122)
a. People v. Lol-lo and Saraw, 43 Phil 19
b. U.S. v. Dasal, 3 Phil. 6
c. People v. Rodriguez, 135 SCRA 485
d. People v. Siyoh 141 SCRA 356
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10. Qualified Piracy (Art. 123)

Check Qualified piracy v Piracy in general

a. People v. Siyoh, 141 SCRA 356
b. R.A. No. 6235
c. People v. Ang Cho Kio, 95 Phil. 475
Cf. Hijacking
RA 6235

Title Two: Crimes Against The Fundamental Laws Of State

1. Arbitrary detention (Art. 124)

Time periods determine felony to be imposed

a. Rule 112 Sec. 6, rule of Court Rule 113 Sec. 5, Rules of Court
b. Umil v. Ramos, 187 SCRA 311
c. People v. Burgos, 144 SCRA 1
d. Milo V. Salanga, 152 SCRA 113
e. Astorga vs. People, 412 SCRA 512
f. People v. Bringas, 619 SCRA 481
2. Delay in the delivery detained persons (Art. 125); cf. Art. 11, RPC

Theres a warrantless arrest, so no PI, only Inquest. R112 is important

because if the person wants a full blown PI, person must waive Art. 125.

Within the 3 time periods, the person must be charged. If still detained and
not charged-> felony starts
(unlike in 124, if detained without legal ground it starts already)

a. EO 272
b. Rule 112 Sec 7 ROC
c. RA 7438
3. Delaying Release (Art. 126)
4. Expulsion (Art. 127)

[VIOLATION OF DOMICILE]
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained& abuse in the service of those legally
obtained (Art. 129)
a. Const. (1987), art. III, sec. 2 cf. sec. 3, par. 1
b. Rule 126, ROC
c. Stonehill v. Diokno, 20 SCRA 383
d. Burgos v. Chief of Staff, 133 SCRA 800
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption, & dissolution of peaceful meetings (Art. 131)
9. Interruption of religious worship (Art. 132)
10. Offending the religious feelings (Art. 133)
a. People v. Baes, 68 Phil 203

Title Three: Crimes Against Public Order

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Read, generally:
RA 9372 “The Human Security Act”

1. Rebellion, Insurrection, Coup d’etat (Art. 134); Penalty for rebellion,

Insurrection, or coup d’etat (Art. 135)

Rebellion: Public uprising, ARMED; Objective: Political; Purpose: removing

allegiance from PH/ depriving Chief Exec/ legislature of power.

So if the purpose is different, it may not be REBELLION. It could be another

felony.

Rebellion v Coup d’etat:

1) Persons liable (in 134 (a): Public officers; in 134 (b): not public officers)
2) Nature (Rebellion is always from outside)
(but both objectives are political)

Q: can a coup be done by 1 person? YES. (Words of the law say “any person”)
but there is no case law on this

If you look at the penalties, the question is what is the effect of coup d’etat on
the rebellion. The felony of conspiracy to commit is different from the
individual people listed in 135.

Q: How to determine the stage of rebellion? What if the rebellion does not
succeed? Basically when do you have a consummated rebellion? (Is it enough
that there is a political objective but it does not succeed? Does political power
have to be seized before its considered consummated, therefore would it be
attempted rebellion??) [SIR DIDN’T ANSWER THIS OUTRIGHT BUT FROM
DISCUSSION IT FEELS LIKE THERE HAS TO BE A SUCCESFUL
OVERTURN FOR IT TO BE CONSIDERED i.e. EDSA 2]

For example: Trillanes coup d’etat, at most it was illegal assembly because
the element of setting up a military camp was not present.

Hernandez Doctrine/ Absorption: All crimes done in furtherance of the

rebellion are absorbed by the rebellion and cannot be charged separately.
You cannot charge separately and cannot complex. (Enrile case)

Other cases of absorption:

Death of a person: Homicide/ murder
If unlicensed firearm was used BECAUSE OF THE AMENDMENT OF LAW:
The use of the unlicensed firearm because a special aggravating
circumstance in the killing of the person (People v Ringor)

a. RA 6968
b. Enrile v. Salazar, 186 SCRA 217
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(Enrile was charged with rebellion complexed with murder. Applying

Hernandez doctrine, wala iyon if they are connected. You can only charge
him with rebellion.)

c. Umil v. Ramos, supra

(Court said rebellion is continuing. Implication, which is a problem: a

person is a rebel and can be arrested any time because the rebellion
continues (although this made more sense in Umil because subversion was
still a crim then))

Sir says: this shouldn’t hold anymore cause of the fact that subversion isn’t a
crime na. But it still is ofc.

d. Enrile v. Amin, 189 SCRA 573

e. People v. Dasig, 221 SCRA 549
f. People v. Lovedioro, 250 SCRA 389
g. People v. Silongan, 401 SCRA 459
h. Baylosis v. Chavez, GR No. 95136, October 3, 1991
i. Gonzales v. Abaya, 498 SCRA 445, 476 (see particularly concurring
opinion of Callejo, J.)
2. Conspiracy to commit rebellion, Insurrection, or coup d’etat (Art. 136); cf.
Art. 8, RPC

Conspiracy is a SEPARATE FELONY in itself. At least one person should

declare that he/she decided to commit rebellion/ coup and then expresses it
to another.

The subject should be CLEARLY rebellion, if its not it might not be a proposal
to commit rebellion. I.e. “Lets get together and take up arms to overthrow
the government!”

If the rebellion/ coup is actually committed, presumably through the

conspiracy, the felony becomes rebellion/coup itself (and not na conspiracy)

3. Disloyalty of public officers or employees (Art. 137)

4. Inciting to rebellion or Insurrection (Art. 138); cf. Art. 6, RPC
5. Sedition (Art. 139); Penalty for Sedition (Art. 140)

PUBLICLY and TUMULTUOUSLY. There’s no silent sedition.

Rebellion v sedition:
Rebellion: all objectives purely political; Sedition: No need. Can be against a
private person; there are social purposes
Rebellion: arms; Sedition: No use of arms, but there’s force etc
(Similar because multitude of persons)

What are the acts of sedition:

1) Preventing an election/ promulgation or execution of law
2) Prevent govt from carrying out functions/ admin order
3) Inflict any act of hate/ revenge upon a person/ officer
4) Hate offenses against private person/ social class
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(Like for example, 48 lawyers/ judges etc were killed—if can be proved that
it was done due to coordination of a group of people, can be sedition. If it
was all random, its not sedition. Another example— drug addicts)
5) despoil any person, gov’t of its property for any political or social end
(i.e. EDSA 1: Taking over city hall, without use of arms, but cause there were
so many people, they took over the hall run by Marcos crony.)

a. People v. Cabrera, 43 Phil 64

6. Conspiracy to Commit Sedition (Art. 141)

CONSPIRACY but NO PROPOSAL.

7. Inciting to Sedition (Art. 142)

Incitement to sedition and rebellion are both crimes also! -> Difference no
use of arms.
Incite: Provokes. But must be by a person who was not actually part (Art
138)

I.e. Through speech, writing, other forms of expression.

This is a problem because it depends on the content. You have to read the
words to know if it is inciting to sedition. -> This is difficult cause of freedom
of expression (since its content-based you have to prove compelling state
interest)

What content would fall under this?? We don’t know. The law just says
“seditious words”. Maybe it means it leads someone to sedition (cause words
themselves cannot be seditious).

Q: What if a person incites another to perform any of these political or social

objectives but he’s only talking to one person? If the words only move one
person is it counted? Or does it have to move a multitude. This is the problem
with 142 cause it says, it leads to sedition and sedition has to be committed
by a multitidue of persons.

2 (b) - “May tend to instigate others to cabal and meet together for any
unlawful purpose” -> void for vagueness and overbroad. “Tend” itself is
vague and then “unlawful purpose” also

2(d)- Also broad. Could this apply to karaoke!?!? HAHAHA

2(f)- Sounds like an act of an accessory

a. US v. Tolentino, 5 Phil 682

b. Espuelas v. People, 90 Phil 524
c. Umil v. Ramos, supra
8. Acts tending to prevent the meeting of the Assembly & similar bodies (Art.
143)
9. Disturbance of proceedings (Art. 144)
10. Violation of parliamentary immunity (Art. 145)
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a. Martinez v. Morfe, 44 SCRA 22

11. Direct Assaults (Art. 148)
a. People v. Beltran, 138 SCRA 534
b. People v. Dollantes, 151 SCRA 592
c. Rivera v. People, 462 SCRA 350
12. Indirect Assaults (Art. 149)
13. Disobedience to summons (Art. 150)
14. Resistance & disobedience to a person in authority or his agents (Art. 151)
15. Persons in authority & agents of persons in authority (Art. 152)
16. Tumults & other disturbances of public order (Art. 153)
17. Unlawful use of means of publication & unlawful utterances (Art. 154)
18. Alarms & scandals (Art. 155)
19. Delivering prisoners from Jail (Art. 156)
a. Alberto v. Dela Cruz, 98 SCRA 406
20.Evasion of service of sentence (Art. 157)
a. Tañega v. Masakayan, 19 SCRA 564
b. People v. Abilong, 82 Phil 172
21. Evasion of service of sentence on occasion of disorders (Art. 158)
22. Violation of conditional pardon (Art. 159)
a. Torres v. Gonzalez, 152 SCRA 272
23. Quasi-recidivism (Art. 160); cf. Art. 14(9), (10)
a. People v. Dioso, 132 SCRA 616

Title Four: Crimes Against Public Interest

1. Counterfeiting the great seal of the government, foregoing the seal of the
government; Signatures/stamp of Chief Executive (Art. 161)

Done with criminal intent. If none—becomes a defense.

2. Using forged signature pr counterfeit seal or stamp (Art. 162)

3. Making and Importing and uttering false coins (Art. 163)
4. Mutilation of coins - Importation & utterances of mutilated coins (art. 167)
a. PD 247

Note that this can be applied extraterritorially as per Art. 2

Must be legal tender, if not, no crime.

5. Selling of false or mutilated coin (Art. 165)

6. (166)
7. Forging, importing, uttering instrument not payable to bearer (Art. 167)

Anything payable to order is under this (negotiable instruments eme)

8. Illegal possession and use of false treasury, bank notes, and other
instruments of credits (Art. 168)

Requires knowing use with intent to use.

Did not know documents were false or falsified- can be a defense. Question is
if he or should should have known.
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9. Forgery (Art. 169)

a. Del Rosario v. People, 3 SCRA 650

3 ways to commit???

10. Falsification of legislative documents (Art. 170)

11. Falsification by public officer, employee, notary, or ecclesiastical minister
(Art. 171)

Taken together with 172. Person is a public officer so Art 14—taking

advantage of the public office is not considered an aggravating
circumstance, but this is an element na.

8 acts of falsification.

-Intercalate: deed of sale for example, one of the parties adds a statement/
changes something (i.e. purchase price) which changes the meaning. If the
change was not agreed upon and there was criminal intent.

-Intercalation in number 8 is DOCUMENT into the REGISTRY (but nothing

about the content)

Something about ecclesiastical something HAHAHA. Affecting civil status

something.

a. People v. Romualdez, 57 Phil 148

b. Beradio v. CA, 103 SCRA 97
c. Luague v. CA , 112 SCRA 97
d. Cabigas v. People 152 SCRA 18
e. People v. Sendaydiego, 81 SCRA 120
f. Siquian v. People, 171 SCRA 223
g. People v. Villalon, 192 SCRA 521
h. Adaza v. Sandiganbayan, 464 SCRA 460
i. Santos v. Sandiganbayan 347 SCRA 386
12. Falsification by private individual & use of falsified documents (Art. 172)

1) Article 171 1-8 but this public document/ letter of exchange/ (something),
but done by private person
2) Intent to cause damage to another party in private document is the
difference (v in public document which the falsifaction itself is the damage)

(check provision haha)

a) Introduction as evidence in judicial proceedings
b) If not a), it is required that damage to a third party or intent to damage is
present. The allegation in the information must contain these conditions.

a. People v. Dava, 202 SCRA 62

b. Recebido vs. People, SCRA 346 881
c. Lumancas v. Intas, 347 SCRA 22
d. Garcia v. CA, 447 SCRA 427
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13. Falsification & Use of wireless, cable, telegraph, & telephone messages
(Art. 173)

This is rather dated

14. Falsification of medical certificates, certificates of merit or service (Art.

174)

The one liable is the one who issues the certificate.

15. Using false certificates (Art. 175)

Penalizes the USE, knowing it is false.

16. Manufacturing & Possession of Instruments or Implements for

falsification (Art. 176)

As in yung mga machine na pangfalsify… HAHA

17. Usurpation of authority or official functions (Art. 177)

a. Gigantoni v. People, 162 SCRA 158
18. Using fictitious names and concealing true name (Art. 178)
a. CA 142
b. Legamia v. IAC, 131 SCRA 478

The fictitious name MUST BE USED for the concealment of crime/ avoid
execution of judgment/ cause damage

19. Illegal use of uniforms & Insignia (Art. 179)

a. RA 75 RA 493

Use without proper authorization. You cant just go out and wear the
uniform if youre not SUPPOSED TO.

President as Commander in Chief lang ang exception dito.

20.False Testimony against a defendant (Art. 180)

21. False testimony favorable to the defendant (Art. 181)
22. False testimony in civil cases (Art. 182)
23. False testimony in other cases and perjury in solemn affirmation (Art. 183)
a. Diaz v. People, 191 SCRA 86
b. Villanueva v. Secretary of Justice, 475 SCRA 495
c. Acuña v. Deputy Ombudsman 450 SCRA 232
d. People v. Choa, 399 SCRA 45
24. Offering false testimony in evidence (Art. 184)

Liable: not the one who testifies but the one who OFFERS it.

25. Machinations in public auctions (Art. 185)

a. Ouano v. CA, 188 SCRA 799
26. Monopolies & combinations in restraint of trade (Art. 186)
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27. Importation and disposition of falsely marked articles made of gold, silver,
etc. (Art. 187)
28.Substituting & altering trademarks, tradenames, or service marks (Art.
188)
29. Unfair competition, fraudulent registration, fraudulent designation of
origin (Art. 189)
a. RA 8293 [Intellectual Property Code]
b. RA 8792 [E-Commerce Act]
c. RA 9160, as amended by RA 9194 (Anti-Money Laundering Act]
d. Consumer Code
e. RA 8203 [Special Law on Counterfeit Drugs]in relation to RA 3720,
as amended by EO 175 [Foods, Drugs, Devices, & Cosmetics Act]

Title Five: Crimes Relative To Opium & Other Prohibited Drugs

RA 6425, as amended
RA 9165 [Comprehensive Dangerous Drug Act of 2002]

Title Six: Crimes Against Public Morals

1. Acts punishable in gambling (Art. 195)

a. PD 1602
b. LOI 816
2. Importation, sale, possession of lottery tickets or advertisement (Art. 196)
3. Betting in sports contests (Art 197)
4. Illegal betting on horse races (Art. 198)
5. Illegal cockfighting (Art. 199)
6. Grave Scandal (Art. 200)
7. Immoral doctrines, obscene publications & exhibitions & indecent shows
(Art. 201)
a. PD 960, as amended by PD 969
b. People v. Kottinger, 45 Phil 352
c. People v. Padan 101 Phil 749
d. Fernando v. CA, 510 SCRA 351

END OF PART ONE