BOOK 1: FUNDAMENTAL PRINCIPLES

BOOK 1 criminal law is directed against acts or

omissions which the society does not
I. FUNDAMENTAL PRINCIPLES approve. Consistent with this theory is
the mala prohibita principle which
A. DEFINITION OF CRIMINAL LAW punishes an offense regardless of malice
or criminal intent.
Q: What is criminal law? ACADEMICS CHAIR: LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO

A: Criminal law is that branch of law, which defines
crimes, treats of their nature, and provides for their Q: How are penal laws construed?
punishment.
A: Liberally construed in favor of offender and
Q: What are the theories in criminal law? strictly against the state.

A: Note: In cases of conflict with official translation,

1. Classical theory – the basis of criminal original Spanish text is controlling.
liability is human free will and the
purpose of the penalty is retribution. It is Q: What are the basic maxims in criminal law?
endeavored to establish a mechanical and
direct proportion between crime and A:
penalty, and there is scant regard to the 1. Nullum crimen, nulla poena sine lege
human element. (There is no crime when there is no law
punishing the same) – No matter how
Note: RPC is generally governed by this wrongful, evil or bad the act is, if there is
theory. no law defining the act, the same is not
considered a crime.
2. Positivist theory – the basis of criminal
liability is the sum of the social, natural 2. Actus non facit reum, nisi mens sit rea
and economic phenomena to which the (The act cannot be criminal where the
actor is exposed. The purposes of penalty mind is not criminal) – This is true to a
are prevention and correction. This felony characterized by dolo, but not a
theory is exemplified in the provisions felony resulting from culpa. This maxim is
regarding impossible crimes and habitual not an absolute one because it is not
delinquency. applied to culpable felonies, or those that
result from negligence.
3. Eclectic or Mixed theory – It is a
combination of positivist and classical 3. Doctrine of Pro Reo – Whenever a penal
thinking wherein crimes that are law is to be construed or applied and the
economic and social in nature should be law admits of two interpretations, one
dealt in a positive manner, thus, the law lenient to the offender and one strict to
is more compassionate. Ideally, the the offender, that interpretation which is
classical theory is applied to heinous lenient or favorable to the offender will
crimes, whereas, the positivist is made to be adopted.
work on
economic and social crimes. 4. Actus me invito factus non est meus actus
(An act done by me against my will is not
4. Utilitarian or Protective theory‐ the my act) – Whenever a person is under a
primary purpose of the punishment compulsion of irresistible force or
under criminal law is the protection of uncontrollable fear to do an act against
society from actual and potential his will, in which that act produces a
wrongdoers. The courts, therefore, in crime or offense, such person is
exacting retribution for the wronged exempted in any criminal liability arising
society, should direct the punishment to from the said act.
potential or actual wrongdoers, since

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 1

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What is the definition of a crime? b. Mala prohibita

A: A crime is the generic term used to refer to a Q: What is the difference between crimes mala in
wrongdoing punished either under the RPC or se and crimes mala prohibita?
under the special law.
A:
Q: What are the various classifications of crimes?

A:
1. As to the commission
a. Dolo or felonies committed with
deliberate intent
b. Culpa or those committed by means
of fault

2. As to the stage of execution

a. Attempted
b. Frustrated
c. Consummated

3. As to gravity
a. Grave felonies
b. Less grave felonies
c. Light felonies

4. As to count
a. Composite or special complex Q: What are violations of special laws which are
b. Complex, under Art. 48 considered mala in se?
c. Continuing

5. Classification of felonies as to A:
a. Formal felonies – those which are 1. Piracy in Philippine waters
always consummated. (e.g. physical 2. Brigandage in the highways
injuries) (both under PD 532)
b. Material felonies – those which have
various stages of execution. Note: Likewise, when the special laws require that the
c. Those which do not admit of the punished act be committed knowingly and willfully,
frustrated stage. (e.g. rape and theft) criminal intent is required to be proved before
criminal liability may arise.
6. As to nature
Q: If a special law uses the nomenclature of
a. Mala in se
penalties in the RPC, what is the effect on the
Mala in se Mala prohibita nature of the crime covered by the special law?
Acts or omissions which Acts which are made evil
are inherently evil. because there is a law A: Even if a special law uses the nomenclature of
prohibiting it. penalties under the RPC, that alone will not make
Punished under the RPC Violations of special laws the act or omission a crime mala in se. The special
law may only intend the Code to apply as a
Note: Not all violations of supplementary. (People v. Simon, G.R. No. 93028,
special laws are mala July 29, 1994)
prohibita.
Q: What are the distinctions between crimes
Even if the crime is punished under the RPC and crimes punished
punished under a special under special laws?
law, if the act punished is
one which is inherently
CRIMINAL LAW TEAM: wrong, the same is
malum in se, and,

1
therefore,
ADVISERgood
: JUDGE faith and D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
RICO SEBASTIAN
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA Bthe lack , of
USTONERA MARYcriminal
GRACE Cintent
AMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO,isERIK
a valid defense;
GALLARDO unless
, KING JAMES it HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
CARLO

4
SAIPUDIN, ADRIANisVALBUENA
the product of criminal
negligence or culpa.
 BOOK 1: FUNDAMENTAL PRINCIPLES

A:
There are of
nomenclature no the
CRIMES UNDER attempted
penalties under or
the
CRIMES UNDER THE RPC RPC,frustrated stages,
the circumstances
May admit attempted
SPECIAL LAW unless
can be the special law
considered.
and/or frustrated stages
expressly penalizes the
Usually crimes mala As to the degree of participationmere
of offender
attempt or
Involve crimes mala in se.
prohibita When there is more than frustration of the crime
one offender, the degree of It is not considered. All
As to moral trait of the offender
participation of each in the who perpetrated
As to mitigating and aggravating circumstancesthe
It is considered. This is why commission of the crime is prohibited act are
It is not considered. It Not takentointo
liability would only arise taken into account in
Taken into account in penalized theaccount
same
is enough that the in imposing
when there is dolo or culpa imposing the penalty; thus, extent. There isthe
no
prohibited act was imposing the penalty
in the commission of the offenders are classified as penalty.
principal, As an or
accomplice
voluntary done. since theaccomplice
principal, moral trait
and of
punishable act exception,
accessory when the
to consider.
the offender is
accessory.considered
special law uses the
As to use of good faith as defense
It is a valid defense unless Q: What is the legal basis for punishment?
the crime is the result of It is not a defense.
culpa.

As to the degree of accomplishment of the crime

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 3

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

OF RIGHTS A: No. What is prohibited under R.A. 9346 is only

the imposition of death penalty.
Q: Who has the power to enact penal laws?
Note: However, the corresponding civil liability should
A: Only the legislative branch of the government be the civil liability corresponding to death. (People v.
can enact penal laws. Salome, G.R. No. 169077, Aug. 31, 2006)

Note: While the President may define and punish an Q: What penalty would be imposed in lieu of the
act as a crime, such exercise of power is not executive death penalty?
but legislative as he derives such power from the
lawmaking body. It is in essence, an exercise of A: In lieu of the death penalty, the following shall
legislative power by the Chief Executive. be imposed:

Q: What are the constitutional limitations on the 1. Reclusion perpetua‐ when the law
right of the Legislature to enact penal laws? violated makes use of the nomenclature
of the penalties of the RPC; or
A:
1. No ex post facto law or bill of attainder shall 2. Life imprisonment‐ when the law violated
be enacted. (Sec. 22, Art. llI, 1987 does not make use of the nomenclature
Constitution) of the penalties of the RPC. (Sec.2)
II. FELONIES
ACADEMICS CHAIR:LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO Q: What are felonies?

A: Felonies are acts or omissions punishable by the

Note: An ex post facto law is one wherein if given a
RPC.
retroactive application will be prejudicial to the
accused.
Note: Omission means inaction, the failure to perform
a positive duty which one is bound to do.
A bill of attainder is a legislative act which inflicts
punishments without trial. Its essence is the
substitution of a legislative act for a judicial There must be a law requiring a certain act to be
determination of guilt. performed and the person required to do the act fails
to perform it.

2. No person shall be held to answer for a

Punishable under the RPC means this element of a
criminal offense without due process of felony is based upon the maxim, nullum crimen, nulla
law. (Sec. 14, [1], Art. III, 1987 poena sine lege, that is, there is no crime where there
Constitution) is no law punishing it.

3. No person shall be deprived of life, Q: How are felonies committed?

liberty, or property without due process
of law, nor shall any person be denied the A: Felonies are committed not only by means of
equal protection of the laws. (Sec. 1, Art. deceit (dolo) but also by means of fault (culpa).
III, 1987 Constitution)
Q: What are the kinds of felonies?
4. Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment A:
inflicted. (Sec. 19 [1], Art. III, 1987 1. Intentional felonies (Dolo)
Constitution) 2. Culpable felonies (Culpa)

Act Prohibiting the Imposition of Death Penalty in Q: What are the distinctions between intentional
the Philippines (R.A. 9346) felony and culpable felony?
DOLO CULPA
Q: Is the death penalty already abolished?
Act is
Not malicious
malicious
CRIMINAL LAW TEAM:
With Injury caused is unintentional being
deliberate incident of another act performed

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
intent without malice
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
Wrongful
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA , ANTHONYact results
ROBLES, RAISSA from
Has intention

4
SAIPUDIN, ADRIAN VALBUENA imprudence, negligence, lack of
to cause injury
foresight or lack of skill
 BOOK 1: FUNDAMENTAL PRINCIPLES

Note: If any of these requisites is absent, there is no

A: dolo. If there is no dolo, there could be no intentional
felony.
Q: What is an act in contemplation of criminal
law? Q: What are the requisites of culpa?

A: An act refers to any kind of body movement that A:

produces change in the outside world. The act must 1. Criminal negligence on the part of the
be an external act which has a direct connection offender, that is, the crime was the result
with the felony intended to be committed. of negligence, reckless imprudence, lack
of foresight or lack of skill.
Q: What are the requisites of dolo?
Note: Negligence indicates deficiency of
perception or failure to pay attention and to
A: use diligence in foreseeing the injury or
1. Criminal intent – the purpose to use a damage impending to be caused. It usually
particular means to effect such result. involves lack of foresight.
Intent to commit an act with malice being
purely a mental process is presumed. Imprudence indicates deficiency of action or
Such presumption arises from the proof failure to take the necessary precaution to
of commission of an unlawful act. A avoid injury to person or damage to
mental state, hence, its existence is property. It usually involves lack of skill.
shown by overt acts.

Note: If there is NO criminal intent, the act

is justified. Offender incurs NO criminal
liability. E.g. The existence of a lawful or
insuperable cause, commission by mere
accident.

2. Freedom of action – voluntariness on the

part of the person to commit the act or
omission.

Note: If there is lack of freedom, the

offender is exempt from liability. Example is
the presence of irresistible force or
uncontrollable fear.

Note: The word voluntariness in criminal law

does not mean acting in one's own volition.
In criminal law, voluntariness comprehends
the concurrence of freedom of action,
intelligence and the fact that the act was
intentional.

3. Intelligence – means the capacity to know

and understand the consequences of
one's act.

Note: If there is lack of intelligence, the

offender is exempt from liability. E.g. is
when the offender is an imbecile, insane, or
under 15 years of age.

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 5

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Freedom of action on the part of the Note: In felonies by means of deceit, the
offender, that is, he was not acting under third element of voluntariness is a general
duress. intent.

3. Intelligence on the part of the offender in 2. Specific criminal intent – Is not presumed
performing the negligent act. because it is an ingredient or element of
a crime, like intent to kill in the crimes of
Note: If any of these requisites is absent, there can be attempted or frustrated
no culpa. homicide/parricide/murder. The
prosecution has the burden of proving
Q: What crimes cannot be committed through the same.
culpa (negligence or imprudence)?
Note: In some particular felonies, proof of
A: specific intent is required to produce the
crime such as in frustrated and attempted
1. Murder
homicide.
2. Treason
3. Robbery
Q: What is the distinction between intent and
4. Malicious mischief
discernment?
Q: What is mens rea?
A:
INTENT DISCERNMENT
A: Mens rea is referred to as the gravamen of the
offense. Mens rea of the crime depends upon the The mental capacity to
The determination to do
tell right from wrong. It
elements of the crime. It can only be determined by a certain thing, an aim or
relates to the moral
knowing the particular crime committed. purpose of the mind. It is
significance that a person
the design to resolve or
ascribes to his act and
Note: determination by which a
relates to the intelligence
1. In theft, the mens rea is the taking of the person acts.
as an element of dolo.
property of another with intent to gain.
2. In falsification, the mens rea is the effecting
Q: What is motive?
of the forgery with intent to pervert the
truth.
3. In robbery, the mens rea is the taking of the
A: It is the moving power or force which impels a
property of another coupled with the person to a desired result.
employment of intimidation or violence
upon persons or things. Q: Is motive determinant of criminal liability?

Q: What is intent? A: No. Motive alone will not bring about criminal
liability because the RPC requires that there must
A: Intent refers to the use of a particular means to be an overt act or an omission. When there is
effect the desired result. It is a mental state, the motive in the commission of a crime, it always
existence of which is demonstrated by the overt comes before the intent.
acts of a person.
Note:
Q: What are the categories of intent in criminal In a murder case, the intent to kill is demonstrated by
law? the use of lethal weapon; whereas, the motive may be
vengeance.
A:
Motive is material when:
1. General criminal intent – Is presumed
1. The acts bring about variant crimes
from the mere doing of a wrong act. This
2. There is doubt whether the accused
does not require proof. The burden is
committed the crime, or the identity of the
upon the wrongdoer to prove that he
accused is doubtful
acted without such criminal intent. 3. The evidence on the commission of the
crime is purely circumstantial

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Felonies

4. There is a need to determine whether direct Q: What is the importance of classifying the
assault is present in offenses against person felonies as to their severity?
in authority committed when he is not in
the performance of his official duties A: To determine:
5. In ascertaining the truth between two
antagonistic theories or versions of the
1. Whether these felonies can be
killing
complexed or not
6. Where there are no eyewitnesses to the
crime and where suspicion is likely to fall
upon a number of persons. 2. The prescription of the crime and the
prescription of the penalty.
Q: What are the distinctions between motive and
intent? Q: What are the classifications of felonies
according to their gravity?

A:
MOTIVE INTENT
1. Grave – those to which the law attaches
It is the moving power It refers to the use of a the capital punishment or penalties
which impels a person to particular means to which in any of their periods are afflictive,
act for a definite result achieve the desired in accordance with Art. 25 of the RPC.
result (Art.
A crime may be It is an ingredient of dolo 9, par. 1, RPC)
committed without or malice and thus, an
motive. It is not element element of deliberate 2. Less grave – those which the law
of the crime felonies punishes with penalties which in their
Is essential only when the maximum period are correctional, in
Is essential in intentional accordance with Art. 25 of the RPC. (Art.
identity of perpetrator is
in doubt felonies 9, par. 2,
RPC)
A:

3. Light – those infractions of law for the

Q: What are the factors that affect intent?
commission of which the penalty of
arresto menor or a fine not exceeding
A: 200 pesos, or both, is provided. (Art. 9,
1. Mistake of fact‐ that which had the facts par. 3,
been true to the belief of the offender, RPC)
his act can be justified. It is such mistake
that will negate criminal liability because
Q: Who are liable for grave or less grave felonies?
of
the absence of the element of intent.
A: The principals, accomplices
and even accessories, because the degree of
Note: Mistake refers to the situation itself, not the
the penalty to be imposed depends on 3 factors:
identity of the persons involved. Mistake of fact is only
a defense in intentional felony but never in culpable 1. Stages of execution
felony. 2. The degree of participation
3. The presence of attending circumstances
2. Aberratio ictus – mistake in the blow
3. Error in personae – mistake in the identity Q: When are light felonies punishable?
4. Praeter intentionem – where the
consequence exceeded the intention A:
5. Proximate cause – the cause of the cause GR: Light felonies are punishable only when
is the cause of the evil caused they are consummated.

A. CLASSIFICATION OF FELONIES (ART. 9) Note: It involves insignificant moral and material

injuries, if not consummated, the wrong done is so
slight that a penalty is unnecessary.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 7
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

different from what was intended"?

XPN: Light felonies are punishable in all stages
when committed against persons or property. A:
1. Aberratio ictus or mistake in the blow
Note: It presupposes moral depravity. 2. Error in personae or mistake in identity
3. Praeter intentionem or where the
Q: Who are liable in light felonies? consequence exceeded the intention

A: Only the principals and the accomplices are Note: The three enumerated situations are always the
liable in light felonies. Accessories are not liable for result of an intended felony, and hence, dolo. These
light felonies. situations do not arise out of criminal negligence.

Q: What are the crimes considered as light Q: What is aberratio ictus or mistake in the blow?
felonies?
A: In aberratio ictus, the offender intends the injury
A: on one person but the harm fell on another. There
1. Slight physical injuries are three persons present when the felony is
2. Theft (when the value of thing stolen is committed: the offender, the intended victim, and
less than 5 pesos and theft is committed the actual victim.
under the circumstances enumerated
under Art. 308 par.3) Q: What are the distinctions between aberratio
3. Alteration of boundary marks ictus and error in personae?
4. Malicious mischief (when the value of the
damage does not exceed 200 or cannot
be estimated.
5. Intriguing against honor
A:
B. ELEMENTS OF CRIMINAL LIABILITY (Art. 4)
ABERRATIO ICTUS ERROR IN PERSONAE
Q: How is criminal liability incurred? A person directed the
The victim actually
blow at an intended
received the blow, but he
A: Criminal liability is incurred by any person: victim, but because of
was mistaken for another
poor aim, that blow
who was not at the scene
landed on somebody
1. Committing a felony although the of the crime.
else.
wrongful act done be different from that
which he intended. The offender, the
There are only two
intended victim as well as
persons present in error
2. Performing an act which would be an the actual victim are all at
in personae ‐ the actual
the scene of the crime. It
offense against persons or property, were but intended victim and
generally gives rise to a
it not for the inherent possibility of its the offender.
complex crime.
accomplishment or on account of the
employment of inadequate or ineffectual It generally gives rise to The provisions of Art. 49
means. (Art. 4) the complex crime. This applies in error in
being so, the penalty for personae, that is, the
the more serious crime is penalty for the lesser
Note: Article 4 does not mean to exclude offenders
who are liable even if they do not fall under any of the imposed in the maximum crime will be the one
situations spoken of in the said article. Thus, a person period. imposed.
who committed a crime which he really intended is no
doubt liable for that offense like, if A, intending to kill Q: What is praeter intentionem?
his father, shot him, he is liable for the death of his
father. The opening sentence of Article 4 should have A: In praeter intentionem, the injury is on the
been: "Criminal liability shall also be incurred by". intended victim but the resulting consequence is so
grave a wrong than what was intended.
Q: What situations are contemplated under the
first paragraph of Art. 4, "wrongful act done be Note: There must be a notable disparity between the

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Felonies

means employed and the resulting felony.

Q: Is proximate cause the same as immediate
Praeter intentionem is a mitigating circumstance cause?
particularly covered by paragraph 3 of Article 13.
A: A proximate cause is not necessarily the
Q: A and B went on a drinking spree. While they immediate cause. Immediate cause may be a cause
were drinking, they had some argument so A which is far and remote from the consequence
stabbed B several times. A’s defense is that he which sets into motion other causes which resulted
had no intention of killing his friend and that he in the felony.
did not intend to commit so grave a wrong as that
committed. Is praeter intentionem properly As long as the act of the accused contributed to the
invoked? death of the victim, even if the victim is about to
die, he will still be liable for the felonious act of
A: No, because praeter intentionem is mitigating putting to death that victim.
only if there is a notable disparity between the
means employed and the resulting felony. The fact Proximate cause does not require that the offender
that several wounds were inflicted on B is hardly needs to actually touch the body of the offended
compatible with the idea that he did not intend to party. It is enough that the offender generated in
commit so grave a wrong as that committed. the mind of the offended party the belief that
made
Q: What does Article 4, paragraph 1 ‐ "Criminal him risk himself.
liability shall be incurred by any person
committing a felony although the wrongful act Illustration:
done be different from that which he intended"
presuppose? X and Y are crew members of cargo vessel. They had a
heated argument. X with a big knife in hand
A: It presupposes that the act done is the threatened to kill Y. The victim Y, believing himself to
proximate cause of the resulting felony. It must be be in immediate peril, threw himself into the water. X
the direct, natural, and logical consequence of the died of drowning. In this case, Y is liable for homicide
felonious act. for the death of Y.

Q: What is a proximate cause? Even if other causes cooperated in producing the fatal
result as long as the wound inflicted is dangerous, that
is, calculated to destroy or endanger life, the actor is
A: Proximate cause is that cause which sets into
liable.
motion other causes and which, unbroken by any
efficient supervening cause, produces a felony
It is important that there be no efficient intervening
without which such felony could not have resulted.
cause.
(He who is the cause of the cause is the cause of the
evil of the cause.)
Q: How is proximate cause negated?
As a rule, the offender is criminally liable for all the
A:
consequences of his felonious act, although not
1. Active force, distinct act, or fact
intended, if the felonious act is the proximate cause
absolutely foreign from the felonious act
of the felony.
of the accused, which serves as a
sufficient intervening cause
Q: What are the requisites of proximate cause?
2. Resulting injury or damage is due to the
intentional act of the victim.
A:
1. The direct, natural, and logical cause
Q: What circumstances are
2. Produces the injury or damage
considered as inefficient
3. Unbroken by any sufficient intervening
intervening causes?
cause
4. Without which the result would not have
A:
occurred
1. The weak physical condition of the victim
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 9
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. The nervousness or temperament of the

victim Note: The offender must believe that he can
3. Causes which are inherent in the victim, consummate the intended crime. A man stabbing
such as the victim's inability to swim another who he knew was already dead cannot be
4. Refusal of the injured party of medical liable for an impossible crime
attendance
5. Erroneous or unskillful medical treatment Q: What is the essence of an impossible crime?

Note: Although the following may have intervened in A: The essence of an impossible crime is the
the commission of the crime, the offender is still liable inherent impossibility of accomplishing the crime or
for the resulting crime because the proximate cause is the inherent impossibility of the means employed
caused by him. to bring about the crime.

Q: What circumstances are considered for death Q: What is inherent impossibility?

to be presumed to be the natural consequence of
the A: Inherent impossibility means that under any and
physical injuries inflicted? all circumstances, the crime could not have
materialized.
A:
1. That the victim was in normal condition Q: What are the two kinds of inherent
at the time the physical injuries were impossibility?
inflicted
2. That the death may be expected from the A:
physical injuries inflicted. 1. Legal impossibility – which occurs where
3. That death ensued within a reasonable the intended acts, even if completed
time. would not amount to a crime. E.g. killing
a
Note: Even if other causes cooperated in producing dead person.
the fatal result as long as the wound inflicted is
dangerous, that is, calculated to destroy or endanger
2. Physical impossibility – where extraneous
life, the actor is liable. This is true even though the
circumstances unknown to the accused
immediate cause of death was erroneous or unskillful
prevent the consummation of the
medical treatment, refusal of the victim to submit to
surgical operation, or that the deceased was intended crime. E.g. pick pocketing an
suffering from tuberculosis, heart disease or other empty wallet.
internal malady.
Q: What is the reason for penalizing impossible
crime?

C. IMPOSSIBLE CRIME [Art. 4 (2)] A: To teach the offender a lesson because of his
criminal perversity. Although objectively, no crime
Q: What are the requisites of an impossible crime? is committed, but subjectively, he is a criminal.

A: Note: It is a principle of criminal law that the offender

will only be penalized for an impossible crime if he
1. Act performed would be an offense
cannot be punished under some other provision of the
against persons or property.
RPC. An impossible crime is a crime of last resort.

Note: Kidnapping is a crime against personal

Q: What are examples of impossible crimes?
security and not against person or property

A:
2. Act was done with evil intent
1. In employment of inadequate means –
3. Accomplishment is inherently impossible
small quantity of poison which is
or means employed is either inadequate
inadequate to kill a person.
or ineffectual
4. Act performed should not constitute a
violation of another provision of RPC
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Felonies

2. In employment of inefficient means –

accused fired a gun, not knowing that it is D. STAGES OF EXECUTION (Art. 6)
empty.
Q: What are the classifications of felonies
Q: Buddy always resented his classmate, Jun. One according to the stage of execution?
day, Buddy planned to kill Jun by mixing poison in
his lunch. Not knowing where he can get poison, A: Consummated, frustrated and attempted
he approached another classmate Jerry to whom
he disclosed his evil plan. Because he himself Q: What is the purpose of classification?
harbored resentment towards Jun, Jerry gave
Buddy a poison, which Buddy placed on Jun's A: To bring about a proportionate penalty and
food. However, Jun did not die because, unknown equitable punishment.
to both Buddy and Jerry, the poison was actually
powdered milk. What crime or crimes, if any, did Note: The penalties are graduated according to their
Jerry and Buddy commit? degree of severity. The stages may not apply to all
kinds of felonies. There are felonies which do not
A: Jerry and Buddy are liable for the so‐called admit of division.
impossible crime because, with intent to kill, they
tried to poison Jun and thus perpetrate murder, a Q: What are the crimes that do not admit of
crime against persons. Jun was not poisoned only division?
because the would‐be killers were unaware that
what they mixed with the food of Jun was A: Formal crimes which are consummated in one
powdered milk, not poison. Criminal liability is instance, do not admit of division. e.g. physical
incurred by them although no crime resulted, injuries and oral defamation.
because their act of trying to poison Jun is criminal.
(1998 Bar Question) Q: What are the phases of felony?

Q: Is impossible crime a formal crime? A:

1. Subjective phase – that portion of
A: Yes. By its very nature, an impossible crime is a execution of the crime starting from the
formal crime. It is either consummated or not point where the offender begins up to
consummated at all. There is therefore no that point where he still has control of his
attempted or frustrated impossible crime. acts.

Q: Distinguish impossible crime from Note: If it reaches the point where he has no
unconsummated felonies (attempted or frustrated more control over his acts, the subjective
felony) phase has passed.

If the subjective phase is not yet passed, the

UNCONSUMMATED felony would be a mere attempt.
IMPOSSIBLE CRIMES
FELONIES

Intent is not If it already passed, but the felony is not

Intent is not accomplished produced, as a rule, it is frustrated.
accomplished
Intent of the offender has 2. Objective phase – results of the acts of
Intent of the offender,
possibility of
cannot be accomplished execution, that is, the accomplishment of
accomplishment
the crime.
Intent cannot be
accomplished because Accomplishment is it is
Note: If the subjective and objective phases are
inherently prevented by the impossible to
present, there is consummated felony.
intervention of certain accomplish or because
Q: When is a felony consummated?
cause or accident in which the means employed
by the offender had no part the offender is
inadequate or
ineffectual

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 11
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: A felony is consummated when all the acts 2. He does not perform all the acts of
necessary for its accomplishment and execution are execution which should produce the
present. felony
A: The difference between the attempted stage and
Q: What are the elements of frustrated felony? 3. The non‐ the frustrated stage lies on whether the offender
performance of all has performed all the acts of execution for the
A: acts of execution accomplishment of a felony.
1. The offender performs all the acts of was due to a cause
or accident other Literally, under the article, if the offender has
execution.
than the offender's performed all the acts of execution which should
2. All the acts performed would produce the
produce the felony as a consequence but the felony
felony as a consequence. own
was not realized, then the crime is already in the
3. But the felony is not produced. spontaneous
frustrated stage.
4. By the reason of causes independent of desistance
the will of the perpetrator. If the offender has not yet performed all the acts of
Note: The moment the execution (there is yet something to be performed)
Q: What crimes do not admit of frustrated stage? execution of the crime but he was not able to perform all the acts of
has already gone to that
execution due to some cause or accident other than
A: point where the felony
his own spontaneous desistance, then you have an
should follow as a
1. Rape – the gravamen of the offense is attempted felony.
consequence, it is either
carnal knowledge, hence, the slightest
already frustrated or
penetration to the female organ consummated. If the
consummates the felony. Q: What are the distinctions between attempted,
felony does not follow as
frustrated and consummated felony?
a consequence, it is
2. Arson – the moment the burning already frustrated. If the
property occurs, even if slight, the felony follows as a A:
offense is consummated. consequence, it is ATTEMPTED FRUSTRATED CONSUMMATED
consummated.
criminal purpose criminal Criminal purpose
3. Corruption of public officers – mere
was not purpose was was
acceptance of the offer consummates the The word directly
accomplished not accomplished.
crime. emphasizes the
requirement that the accomplished
attempted felony is that Offender has Offender has
4. Physical injury – consummated at the
which is directly linked to Offender merely performed all the performed all the
instance the injuries are inflicted. acts of execution acts of
the overt act performed commences the
by the offender not the commission of the which would execution which
5. Adultery – the essence of the crime is felony he has in his mind. crime directly by produce the would produce
sexual congress. overt acts. felony as a the felony as the
Q: A person enters the consequence. consequence.
6. Theft – the essence of the crime is the dwelling of another. The intervention
possession of the thing, once the thing However, at the very The intervention of of certain cause The felony was
has been taken or in the possession of certain cause or or accident which
moment of his entry produced as a
the accident which the
and before he could do the offender had consequence of
offender had no
person, the crime is consummated. anything, he is already part prevented the no part the act of the
apprehended by the accomplishment prevented the offender
Q: What are the elements of attempted felony? household members, accomplishment
can he Offender has not Offender has Subjective and
A: be charged with passed the reached the objective phase
1. The offender commences the commission attempted robbery? subjective phase objective stage are present
of the felony directly by overt acts
A: No. He can only be Q: What are the instances wherein the stages of a
Note: Overt acts are external acts which if held liable for crime will not apply?
continued will logically result in a felony. It attempted robbery
is the start of criminal liability because the when he has already
offender has commenced the commission of A:
completed all acts
an offense with an overt act. 1. Offenses punishable by Special Penal Laws,
performed by him
unless otherwise provided for.
directly leading to
2. Formal crimes (e.g., slander adultery, etc.)
CRIMINAL LAW TEAM:
3. Impossible crimes
4.: ANNACrimes
FE ABAD consummated by mere attempt (e.g.,
3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL attempt to flee to an enemy country, treason,
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA corruption of minors)

8
SAIPUDIN, ADRIAN VALBUENA 5. Felonies by omission
 BOOK 1: Felonies

robbery. The act of entering alone is not yet

indicative of robbery although that may be what he Q: What are the criteria involved in determining
may have planned to commit. However, he may be the stage (whether it be in the attempted,
held liable for frustrated or consummated
trespassing. stage) of the commission of a felony?

Q: The accused brought gasoline into a building, A:

with the intent to burn the building, but was 1. The manner of committing the crime
apprehended by the security guard, did the crime
of arson commence? 2. The elements of the crime

A: Yes. The accused in this case is liable for 3. The nature of the crime itself
attempted arson because the bringing of the
gasoline was already an overt act while the Q: What is the distinction between attempted and
apprehension was the reason other than his own frustrated felony?
spontaneous desistance.
6. Crimes committed by mere agreement the law specifically provides a penalty thereof.
(e.g., betting in sports, corruption of
public officers) Note: It is fundamental that there exists a unity of
purpose and the unity in the execution of the
E. CONSPIRACY AND PROPOSAL (Art.8) unlawful
objective among the co‐conspirators.
Q: What is conspiracy?
Mere knowledge, acquiescence to, or approval of the
act, without cooperation or at least, agreement to
A: Conspiracy exists when two or more persons
cooperate, is not enough to constitute a conspiracy.
come to an agreement concerning the commission
of a felony and decide to commit it.
A conspiracy is possible even when participants do
not know each other.
Q: What are the requisites of conspiracy?
Q: Is it required that there is an agreement
A: among
1. There is an agreement the participants to constitute conspiracy?
2. The participants acted in concert or
simultaneously which is indicative of a
A: No. It is enough that the offenders acted
meeting of the minds towards a common
simultaneously or in a synchronized manner to
criminal goal or criminal objective bring about their common intention.

Q: When does proposal exist?

Note:
A: Proposal exists when the person who has GR: When conspiracy exists, the degree of
decided to commit a felony proposes its execution participation of each conspirator is not considered
to some other person or persons. because the act of one is the act of all, they have
equal criminal responsibility.
Q: Is proposal and conspiracy to commit felony
punishable? XPN: Even though there was conspiracy, if a
coconspirator merely cooperated in the
A: commission of the crime with insignificant or
GR: Conspiracy and proposal to commit a minimal acts, such that even without his
felony are not punishable. cooperation, the crime could be carried out as
well, such co‐conspirator should be punished as
an accomplice only. (People v. Niem, G.R. No. 521,
Ratio: Because they are mere preparatory acts.
Dec. 20, 1945)

XPN: They are punishable only in cases in

which
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 13
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

XPN to the XPN: When the act constitutes a single the commission of the crime, i.e. when such acts
indivisible offense. disclose or show a common pursuit of the criminal
objective.
Q: What are the distinctions between conspiracy
and proposal to commit a felony? Q: What are the legal effects of implied
conspiracy?
A:
A:
CONSPIRACY PROPOSAL
1. Not all those who are present at the
There is proposal when scene of the crime will be considered
It exists when two or more
the person who has conspirators
persons come to an
decided to commit a
agreement concerning the
felony proposes its
commission of a felony and 2. Only those who participated by criminal
execution to some other
decide to commit it. acts in the commission of the crime will
person or persons.
be considered as co‐conspirators

Proposal is true only up to Note: In order to hold someone criminally liable, in

Once the proposal is the point where the party addition to mere presence, there should be overt acts
accepted, a conspiracy to whom the proposal was that are closely‐related and coordinated to establish
arises. made has not yet accepted the presence of common criminal design and
the proposal. community of purpose in the commission of the
crime.
Proposal is unilateral, one
Conspiracy is bilateral, it
party makes a proposition Q: Juan and Arturo devised a plan to murder Joel.
requires two parties.
to the other. In a narrow alley near Joel's house, Juan will hide
behind the big lamppost and shoot Joel when the
Q: What are the two kinds of conspiracy? latter passes through on his way to work. Arturo
will come from the other end of the alley and
A: simultaneously shoot Joel from behind. On the
1. Conspiracy as a crime – The mere appointed day, Arturo was apprehended by the
conspiracy is the crime itself. This is only authorities before reaching the alley. When Juan
true when the law expressly punishes shot Joel as planned, he was unaware that Arturo
the mere conspiracy, otherwise, the was arrested earlier. Discuss the criminal liability
conspiracy does not bring about the of Arturo, if any.
commission of the crime because
conspiracy is not an overt act but a mere A: Arturo being one of the two who devised the
preparatory act. plan to murder Joel, thereby becomes co‐principal
by direct conspiracy. What is needed only is an
Note: Treason, rebellion, sedition, and overt act and both will incur criminal liability.
coup d'etat are the only crimes where the Arturo's liability as a conspirator arose from his
conspiracy and proposal to commit them participation in jointly devising the criminal plan
are punishable. with Juan, to kill Jose. And it was pursuant to that
conspiracy that Juan killed Joel. The conspiracy
2. Conspiracy as a basis of incurring here is actual, not by inference only. The overt act
criminal liability – When the conspiracy was done pursuant to that conspiracy whereof
is only a basis of incurring criminal Arturo is co‐conspirator. There being a conspiracy,
liability, there must be an overt act done the act of one is the act of all. Arturo, therefore,
before the coconspirators become should be liable as a co‐conspirator but the penalty
criminally liable. on him may be that of an accomplice only because
he was not able to actually participate in the
Q: What is implied conspiracy? shooting of Joel, having been apprehended before
reaching the place where the crime was
A: When the conspiracy is just a basis of incurring committed. (1998 Bar
criminal liability, it may be deduced or inferred Question)
from the acts of several offenders in carrying out
F. MULTIPLE OFFENDERS
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Felonies

(Differences, Rules and Effects) criminal intent hence, only one penalty is imposed
See also page 42 regarding the different forms of Q: What are the concepts of complex crimes?
repetition or habituality of the offender
A:
1. Recidivism – the offender at the‐time of 1. A single criminal act constituting 2 or
his trial for one crime shall have been more grave or less grave felonies.
previously convicted by final judgment of
another embraced in the same title of 2. Offender has only one criminal intent,
the hence, there is only one penalty
RPC. imposed.

Note: It is important that conviction which Q: What are the kinds of complex crimes?
came earlier must refer to the crime
committed earlier than the subsequent A:
conviction. 1. Compound crime – when a single act
constitutes two or more grave or less
A recidivist is entitled to the benefits of the grave felonies.
Indeterminate Sentence Law but is
disqualified from availing credit of his
preventive imprisonment.
Requisites:
a. Only a single act is performed by
2. Reiteracion – the offender has been
the offender
previously punished for an offense which
the law attaches an equal or greater b. The single act produces:
penalty or for two or more crimes to i. Two or more grave felonies
which it attaches a lighter penalty.
ii. One or more grave and one or
3. Habitual delinquency — the offender more less grave felonies
within the period of 10 years from the
date of his release or last conviction of iii. Two or more
the crimes of serious or less serious less grave felonies.
physical injuries, robbery, theft, estafa or
falsification, is found guilty of any of the 2. Complex crime proper – when an offense
said crimes a third time or oftener. is the necessary means for committing
the other.
4. Quasi‐recidivism — Any person who shall
commit a felony after having been Requisites:
convicted by final judgment before a. At least two offenses
beginning to serve such sentence or are committed
while serving such sentence shall be b. One or some of the offenses must
punished by the maximum period be necessary to commit the other
prescribed by law for the new felony. c. Both or all the offenses must be
punished under the same statute
G. COMPLEX CRIMES vis SPECIAL COMPLEX
CRIMES Note: The first crime must be a necessary means
to commit the other.
COMPLEX CRIMES
(Art. 48) There should only be one information charging a
complex crime.
Q: What is a complex crime?
Only one penalty is imposed for complex crimes
because there is only one criminal act.
A: Complex crime exists when two or more crimes
are committed but they constitute only one crime
in the eyes of the law. Here, there is only one

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 15
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. Special complex crime – known as provision law. e.g. theft of 13 cows belonging to
composite crime, the component crimes different owners committed by the accused at the
constitute a single indivisible offense same place and at the same time.
and are thus penalized as one crime
Q: What are the distinctions between special
Q: When is there no complex crime? complex crimes and complex crimes under Art.
48?

A: A:
1. When one offense is committed to
conceal the other

2. When one crime is an element of the

other, for in that case, the former shall
be absorbed by the latter. E.g.
trespassing which is an element of the
robbery with force upon things

3. When the crime has the same elements

as the other crime committed E.g. estafa
and falsification of private documents
have the same element of damage. Thus
there is no complex crime of estafa
through falsification of private document

4. When one of the offenses is penalized by

a special law

5. In continued crimes

Q: What is the penalty for complex crimes under

Article 48?

A:
GR: When a complex crime is committed, the
penalty for the most serious crime in its
maximum period shall be imposed.

XPN: When the law imposes a single penalty

for special complex crimes.

Q: What is a continuing crime?

A: It is a single crime, consisting of a series of acts

but arising from one criminal resolution (e.g.
violation of BP 22).

Q: What is a continued crime?

A: Here, the offender is impelled by a single

criminal impulse but committed a series of acts at
about the same time in about the same place and
all the overt acts violate one and the same

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Felonies

SPECIAL COMPLEX COMPLEX CRIME UNDER

CRIME ART. 48
Combination of The combination is not

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 17
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 offenses are fixed or specified, that is, grave
specified by law and/ or less grave; or one
E.g. robbery with offense being necessary
homicide, robbery with means to commit the other
rape BOOK 1: Felonies
The penalty imposed is the
The penalty for the
penalty for the most
specified combination is
serious offense in the
also specific V ICE FOR ACADEMICS: KAREN SABUGO
maximum period
and distinctly punished under the Revised Penal
Q: What is plurality of crimes? Code. Sedition may not be directed against the
government or non‐political in objective, whereas
A: It is the successive execution by the same coup d'état is always political in objective as it is
individual of different criminal acts upon any of directed against the government and led by
which no conviction has yet been declared persons or public officer holding public office
belonging to the military or national police. Art. 48
Q: What are the kinds of plurality of crimes? of the Code may apply under the conditions therein
provided.
(2003 Bar Question)
A:
1. Formal or ideal – only one criminal
liability

a. Complex crime – defined in Art 48

b. When the law specifically fixes a
single penalty for 2 or more offenses
committed
c. Continued crimes

2. Real or material – there are different

crimes in law and in the conscience of
the offender. In such cases, the offender
shall be punished for each and every
offense that he committed

Q: Can there be a complex crime of coup d’état

with rebellion?

A: Yes. If there was conspiracy between the

offender/ offenders committing the rebellion. By
conspiracy, the crime of one would be the crime of
the other and vice versa. This is possible because
the offender in coup d’état may be any person or
persons belonging to the military or the national
police or a public officer, whereas rebellion does
not so require. Moreover, the crime coup d’etat
may be committed singly, whereas rebellion
requires a public uprising and taking up arms to
overthrow the duly constituted government. Since
the two crimes are essentially different and
punished with distinct penalties, there is no legal
impediment to the application of Art. 48 of the
Revised Penal Code. (2003 Bar Question)

Q: Can there be a complex crime of coup d’etat

with sedition?

A: Yes, coup d'état can be complexed with sedition

because the two crimes are essentially different

ACADEMICS CHAIR:LESTER JAY ALAN II

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 18

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 1: Circumstances Which Affect Criminal Liability

A:
occupants of the dwelling or a third
person, or for the purposes of rendering
III. CIRCUMSTANCES WHICH AFFECT CRIMINAL some services to humanity or justice, or
LIABILITY when entering cafes, taverns, inns and
other public houses, while the same are
Q: What are the circumstances affecting criminal open. (Art.
liability? 280 par. 2)
8. Adultery and concubinage if the
A: JEMAA offended party shall have consented or
1. Justifying circumstances pardoned
2. Exempting circumstances the offenders. (Art. 344)
3. Mitigating circumstances
4. Aggravating circumstances Q: Is mistake of fact an absolutory cause?
5. Alternative circumstances
A: Yes. The offender is acting without criminal
Q: What are the other two circumstances found in intent. So in mistake of fact, it is necessary that had
the RPC affecting criminal liability? the facts been true as the accused believed them to
be, the act is justified. If not, there is criminal
A: liability, because there is no more mistake of fact
1. Absolutory cause – has the effect of an anymore. The offender must believe he is
exempting circumstance and it is performing a lawful act.
predicated on lack of voluntariness such
as instigation Q: Does instigation absolve the offender from
criminal liability?
2. Extenuating circumstances – the effect of
extenuating circumstances is to mitigate A: Yes. In instigation, the offender simply acts as a
the criminal liability of the offender tool of the law enforcers and, therefore, he is
acting without criminal intent because without the
instigation, he would not have done the criminal act
Q: What are examples of absolutory causes?
which he did upon instigation of the law enforcers.
A:
Note: This is based on the rule that a person cannot be
1. Accessory is a relative of the principal.
a criminal if his mind is not criminal.
(Art. 20)
2. Discovering secrets through seizure of
Q: What if the person instigated does not know
correspondence of ward by their
that the person instigating him is a law enforcer?
guardian is not penalized. (Art. 219)
3. When only slight or less serious physical
A: If the person instigated does not know that the
injuries are inflicted by the person who
person instigating him is a law enforcer or he knows
surprised his/her spouse or daughter in
him to be not a law enforcer, this is not a case of
the act of sexual intercourse with
instigation. This is a case of inducement, both will
another person. (Art. 247)
be criminally liable.
4. Crime of theft, swindling or malicious
mischief is committed against a relative.
(Art. 332) Q: Is entrapment an absolutory cause?
5. Marriage of the offender with the
offended party when the crime A: No. Entrapment is not an absolutory cause.
committed is rape, abduction, seduction, Entrapment does not exempt the offender or
or acts of lasciviousness. (Art. 344) mitigate his criminal liability.
6. Instigation
7. Trespass to dwelling when the Q: What is the effect if the person entrapped knew
purpose of entering another’s dwelling that the person trying to entrap him is a law
against the latter’s will is to prevent enforcer?
some serious harm to himself, the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 19
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: In entrapment, the person entrapped should not defense of inducement.

know that the person trying to entrap him is a law
enforcer. The idea is incompatible with each other Q: What are the distinctions between instigation
because in entrapment, the person entrapped is and entrapment?
actually committing a crime. The officer who
entrapped him only lays down ways and means to A:
have evidence of the commission of the crime, but
even without those ways and means, the person
Q: What are examples of extenuating
entrapped is actually engaged in a violation of law.
circumstances?

Q: What is the criteria to determine if the act is an

In cases of infanticide and abortion, concealment
entrapment or instigation?
of dishonor is an extenuating circumstance insofar
as the unwed mother and the maternal
A: In the case of People v. Doria the SC held that grandparents are concerned
the conduct of the apprehending officers and the
predisposition of the accused to commit the crime JUSTIFYING CIRCUMSTANCES .
must be examined: (Art. 11) .

In buy‐bust operations demands that the details of Q: What are justifying circumstances?
the purported transaction must be clearly and
adequately shown. This must start from the initial A: They are those acts of a person said to be in
contact between the poseur‐buyer and the pusher, accordance with law, such that a person is deemed
the offer to purchase, the promise or payment of not to have transgressed the law and is free from
the consideration until the consummation of the both criminal and civil liability.
sale by the delivery of the illegal drug subject of the
sale.
They are:
1. Self‐defense
The manner by which the initial contact was made,
2. Defense of relatives
whether or not through an informant, the offer to
3. Defense of stranger
purchase the drug, the payment of the "buy‐bust"
4. Avoidance of greater evil or injury
money, and the delivery of the illegal drug, whether
5. Fulfillment of duty or exercise of right or
to the informant alone or the police officer, must
office
be the subject of strict scrutiny by courts to insure
6. Obedience to an order of a superior
that law‐abiding citizens are not unlawfully induced
to commit an offense.
Note: Justifying circumstances are in the nature of
defensive acts, hence, unlawful aggression must
Criminals must be caught but not at all cost. At the always exist.
same time, however, examining the conduct of the
police should not disable courts into ignoring the
Q: Who has the burden of evidence in criminal
accused's predisposition to commit the crime. If
case?
there is overwhelming evidence of habitual
delinquency, recidivism or plain criminal proclivity,
A: In criminal cases, the burden of proving guilt is
then this must also be considered. Courts should
always the plaintiff/prosecution. But if the accused
look at all factors to determine the predisposition
sets up an affirmative defense, the burden is on him
of an accused to commit an offense in so far as they
to prove such by “clear, affirmative and strong
are relevant to determine the validity of the
evidence”

INSTIGATION ENTRAPMENT The foregoing rests on the maxim: EL INCOMBIT

PROBOTION QUI DECIT NON QUI NEGAT (He who
A law enforcement agent A person has planned, or
asserts, not he who denies, must prove)
induces an innocent is about to commit a
person to commit a crime and ways are
crime and would arrest resorted to by a public
him upon or after the officer to trap and catch
1. SELF‐DEFENSE .
commission of the crime. the criminal.
CRIMINAL LAW TEAM:
The law enforcement

4
agent conceives the ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
commission
POLLOSO; MEMBERS: SHARMAGNE of, Mthe
JOY BINAY ARIAcrime
CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
and suggests itALBERT
to theDECLARO, EIdea to commit
RIK GALLARDO the crime
, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0 accused. SAIPUDIN, ADRIAN Vcomes

ALBUENA from the offender.

An absolutory cause. Not an absolutory cause.

 BOOK 1: Circumstances Which Affect Criminal Liability

A:
Q: What rights are included in self‐defense?
Q: What is the meaning of “stand ground when
A: Self‐defense includes not only the defense of the right”?
person or body of the one assaulted but also that of
his rights, the enjoyment of which is protected by A: The law does not require a person to retreat
law. when his assailant is rapidly advancing upon him
with a deadly weapon.
Thus it includes:
1. Defense of the person Ratio: He runs the risk of being attacked in the back by
the aggressor.
2. Defense of rights protected by law
Q: What are the effects of self‐defense?
3. The right to honor.
A:
Note: Hence, a slap on the face is 1. When all the elements are present – the
considered as unlawful aggression since the person defending himself is free from
face represents a person and his dignity. It is criminal liability and civil liability.
a serious, personal attack (Rugas v. People,
G.R. No. 147789, Jan.14, 2004) 2. When only a majority of the elements are
present – privileged mitigating
4. The defense of property rights can be circumstance provided there is unlawful
invoked if there is an attack upon the aggression.
property although it is not coupled with
an attack upon the person of the owner Q: What is unlawful aggression?
of the premises. All the elements for
justification must however be present. A: It is an attack or a threatened attack which
(People v. Narvaez, G.R. Nos. L‐33466‐67, produces an imminent danger to the life and limb
Apr. 20, 1983) of the one resorting to self‐defense.

5. Self‐defense in libel. Physical assault may Q: What are the types of unlawful aggression?
be justified when the libel is aimed at the
person’s good name, and while the libel is A:
in progress, one libel deserves another. 1. Actual – the danger must be present, that
is, actually in existence.
Note: What is important is not the duality of the attack
but whether the means employed is reasonable to 2. Imminent – the danger is on the point of
prevent the attack. happening. It is not required that the
attack has already begun, for it may be
Q: What are the requisites of self‐defense? too late.

A: Note: What justifies the killing of a supposed unlawful

1. Unlawful aggression aggressor is that if the offender did not kill the
2. Reasonable necessity of the means aggressor, it will be his own life that will be lost.
employed to prevent or repel it
3. Lack of sufficient provocation on the part No unlawful aggression when there was an agreement
of the person defending himself to fight and the challenge to fight has been accepted.
But aggression which is ahead of a stipulated time and
Q: What is the reason for lawfulness of place is unlawful.
selfdefense?
Q: To give rise to self‐defense, should the
A: It is impossible for the State to protect all its aggression be legal or illegal?
citizens. Also, a person cannot just give up his rights
without resistance being offered.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 21
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: The aggression must be illegal, like the attack of proportionate to the force of the
the husband against paramour of his wife whom he aggressor
surprised in an uncompromising situation, or a chief
of police who threw stones at the accused who was Q: In what instances can there be lack of sufficient
running away to elude arrest of a crime committed provocation on the person defending himself?
in his presence. The aggression must be lawful.
A:
Q: What is the effect if there is a mistake of fact on 1. No provocation at all was given to
the part of the accused? aggressor by person defending himself.
2. Even if provocation was given, it was not
A: In relation to mistake of fact, the belief of the sufficient.
accused may be considered in determining the 3. Even if provocation was sufficient, it was
existence of unlawful aggression. E.g. there is self‐ not given by the person defending
defense even if the aggressor used a toy gun himself.
provided that the accused believed it to be a real 4. Even if provocation was given by person
gun. defending himself, it was not the
proximate and immediate to the act of
Q: What is the test in order to know if self‐defense aggression.
exists? 5. Sufficient means proportionate to the
damage caused by the act, and adequate
A: One must ask: At the time the accused killed the to stir one to its commission.
supposed unlawful aggressor, was his or her life in
danger? Q: What is the effect if the aggressor retreats?

Q: What factors are taken into consideration in A: The aggression ceases except when retreat is
determining whether or not the means employed made to take a more advantageous position to
by the person defending himself are reasonable? insure the success of the attack begun, unlawful
A: aggression continues.
1. Nature and quality of the weapon used by
the aggression. Q: What are the distinctions between self‐defense
2. Physical condition, character, size and and retaliation?
other circumstances of both the offender
and defender. SELF‐DEFENSE RETALIATION
3. Place and occasion of the assault. In self‐defense, the
In retaliation, the
unlawful aggression was
Note: Perfect equality between the weapons used by inceptual unlawful
still existing when the
the one defending himself and that of the aggressor is aggression had already
aggressor was injured or
not required or material commensurability between ceased when the accused
disabled by the person
the means of attack and defense. attacked him.
making the defense.

Ratio: The person assaulted does not have sufficient Q: One night, Lina, a young married woman, was
tranquility of mind to think and to calculate and to sound asleep in her bedroom when she felt a man
choose the weapon used. What the law requires is
on top of her. Thinking it was her husband Tito,
rational equivalence.
who came home a day early from his business trip,
Lina let him have sex with her. After the act, the
Q: What are the requisites which must be present
man said, "I hope you enjoyed it as much as I did."
to satisfy the “reasonable necessity of the means
Not recognizing the voice, it dawned upon Lina
employed to prevent or repel it?”
that the man was not Tito, her husband. Furious,
Lina took out Tito's gun and shot the man.
A: Charged with homicide, Lina denies culpability on
1. Means were used to prevent or repel the
2. Means must be necessary and there is no ground of defense of honor. Is her claim tenable?
other way to prevent or repel it
3. Means must be reasonable—depending
on the circumstances, but generally
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Circumstances Which Affect Criminal Liability

A:
A: No, Lina's claim that she acted in defense of is enough that there was unlawful aggression
honor is not tenable because the unlawful against the relative defended, and that the person
aggression on her honor had already ceased. defending did not contribute to the unlawful
Defense of honor as included in self‐defense, must aggression.
have been done to prevent or repel an unlawful
aggression. There is no defense to speak of where 3. DEFENSE OF STRANGERS .
the unlawful aggression no longer exists. (1998 Bar
Question) Q: What are the requisites of defense of
strangers?
2. DEFENSE OF RELATIVES .
A:
Q: What are the requisites of defense of relatives? 1. Unlawful aggression
2. Reasonable necessity of the means
A: employed to prevent or repel it
1. Unlawful aggression. 3. Person defending be not induced by
2. Reasonable necessity of the means revenge, resentment or other evil motive
employed to prevent or repel it.
3. Relative being defended Q: Who is a stranger?
gave no provocation.
A: Any person not included in the enumeration of
Note: The law gives a leeway on the third requisite, relatives mentioned above.
even if the relative being defended gave the
provocation, if the relative making the defense had no Q: What is the distinction between defense of
part therein, he can successfully invoke the defense of
relatives and defense of strangers?
relative.

A:
Q: Who are the relatives covered?

A:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, adopted brothers and sisters,
or relatives by affinity in the same
degrees.
5. Relatives by consanguinity within the 4th
civil degree.
A. Anti‐Violence against Women and their
Q: What if the person being defended is already a Children Act of 2004 (R.A. 9262)
second cousin?
Q: What is a battered woman syndrome (BWS)?
A: It will be considered defense of a stranger. This is
vital because if the person making the defense A: Battered Woman Syndrome" refers to a
acted out of revenge, resentment or some evil scientifically defined pattern of psychological and
motive in killing the aggressor, he cannot invoke behavioral symptoms found in women living in
the justifying circumstance if the relative defended battering relationships as a result of cumulative
is already a stranger in the eyes of the law. On the abuse.
other hand, it the relative defended is still within
the coverage of defense of relative, even though he The battered woman syndrome is characterized by
acted out of some evil motive, it would still apply. It the so‐called cycle of violence, which has 3 phases.

DEFENSE OF RELATIVES DEFENSE OF STRANGERS Q. What are the cycles of violence?

In defense of relatives,
even though the person In defense of strangers, if
ACADEMICS
making theCHAIR : LESTER acted
defense JAY ALAN E. FLORES
the IIperson making the UNIVERSITY OF SANTO TOMAS
out of some evil motive, defense acted out of
V
he can still invoke the
ICE CHAIRScircumstance,
justifying FOR ACADEMICS: KAREN Jsome
revenge, resentment or
OY G. SABUGO & JOHN HENRY C. MENDOZA
evil motive in killing 23
Vas long as he did the aggressor, he cannot
ICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
not
VICE contribute
CHAIRS FOR LAYOUT AND to DESIGN: EARLinvoke
LOUIE M.the justifying
MASACAYAN & THEENA C. MARTINEZ
the unlawful circumstance.
aggression
 UST GOLDEN NOTES 2011

A: the courts shall be assisted by expert psychiatrists/

1. Tension building phase psychologists.

2. Acute battering incident 4. AVOIDANCE OF GREATER EVIL .

OR STATE OF NECESSITY .
3. Tranquil, loving (or at least non‐violent)
phase Q: What are the requisites of state of necessity?

Note: One must undergo 3 phases to establish the A:

pattern of violence. One must pass 2 cycles, each with 1. Evil sought to be avoided actually exists.
3 phases. 2. Injury feared be greater than that done to
avoid it.
Q. Who is a battered woman? 3. There be no other practical and less
harmful means of preventing it, and
A: She is woman who is repeatedly subjected to any 4. There must be no contribution on the
forceful physical or psychological behavior by a part of the accused what caused the evil
man in order to coerce her to do something he to arise.
wants
her to do without concern for her rights. Note: The state of necessity must not have been
brought about by the negligence or imprudence by the
Battered women includes wives or women in any one invoking the justifying circumstances.
form of intimate relationship with men.
Q: What does damage to another cover?
Furthermore, in order to be classified as a battered
woman, the couple must go through the battering A: Damage to another covers injury to persons and
cycle at least twice. Any woman may find herself in damage to property.
an abusive relationship with a man once. If it occurs
a second time, and she remains in the situation, she Q: What does the term “evil” mean?
is defined as a battered woman. (People v. Genosa,
G.R. No. 135981, Jan. 15, 2004) A: The term “evil” means harmful, injurious,
disastrous, and destructive. As contemplated, it
Q. Can BWS be used as a defense? must actually exist. If it is merely expected or
anticipated, the one acting by such notion is not in
A: Yes. Victim‐survivors who are found by the a state of necessity.
courts to be suffering from battered woman
syndrome do not incur any criminal or civil liability Q: Who must be liable civilly?
notwithstanding the absence of any of the
elements for justifying circumstances of self‐ A: The persons for whose benefit the harm has
defense under the RPC. been prevented shall be civilly liable in proportion
to the benefit which they received.
In layman’s terms, if an abused woman kills or inflict
physical injuries on her abusive husband or live‐in Note: Generally, there is no civil liability in justifying
partner, once the trial court determines that she is circumstances. However, it is only in par. 4 of this
suffering from the “Battered Woman Syndrome,” the Article where there is civil liability. The civil liability
court will declare her not guilty (People v.Genosa) referred to herein is based not on the act committed
but on the benefit derived from the state of necessity.
The law now allows the battered woman syndrome So the accused will not be civilly liable if he did not
as a valid defense in the crime if parricide receive any benefit out of the state of necessity. On
independent of self defense under the RPC. (Sec. the other hand, persons who did not participate in the
26) damage or injury would be civilly liable if they derived
benefit out of the state of necessity.
Note: In the determination of the state of mind of the
woman who was suffering from battered woman 5. FULFILLMENT OF DUTY .
syndrome at the time of the commission of the crime,
Q: What are the requisites of fulfillment of duty?
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Circumstances Which Affect Criminal Liability

A:
right leg and was already crawling, there was no
need for Pat. Reyes to shoot him further. Clearly,
1. Accused acted in the performance of a Pat. Reyes acted beyond the call of duty which
duty or in the lawful exercise of a right or brought about the cause of death of the victim.
office. (2000 Bar Question)
2. Injury caused or offense committed be
the necessary consequence of the due 6. OBEDIENCE TO AN ORDER ISSUED .
performance of duty or the lawful FOR SOME LAWFUL PURPOSE .
exercise of such right or office.
Q: What are the requisites of obedience to an
Note: If the police officer acted with negligence or order issued for some lawful purpose?
imprudence in apprehending violators of the law, the
justifying circumstance of fulfillment of duty cannot be A:
invoked. 1. An order has been issued by a superior
2. Such order must be for some lawful
The shooting by guards of escaping prisoners is always purpose
justified. (People v. Delima, G.R. No. 138692, June 16,
3. Means used by the subordinate to carry
2003)
out said order is lawful

Q: Lucresia, a store owner, was robbed of her

Note: Both the person who gives the order, and the
bracelet in her home. The following day, at about person who executes it, must be acting within the
5 o'clock in the afternoon, a neighbor, 22‐year old limitations prescribed by law.
Jun‐Jun, who had an unsavory reputation, came to
her store to buy bottles of beer. Lucresia noticed Q: Is good faith on the part of the subordinate
her bracelet wound around the right arm of material?
JunJun. As soon as the latter left, Lucresia went to
a nearby police station and sought the help of a A: Yes. If he obeyed an order in good faith, not
policeman on duty, Pat. Willie Reyes. He went being aware of its illegality, he is not liable.
with Lucresia to the house of Jun‐Jun to confront However, the order must not be patently illegal. If
the latter. Pat Reyes introduced himself as a the order is patently illegal, this circumstance
policeman and tried to get hold of Jun‐Jun who cannot be validly invoked.
resisted and ran away. Pat Reyes chased him and
fired two warning shots in the air Jun‐Jun Note: Even if the order is patently illegal, the
continued to run and when he was about 7 meters subordinate may still be able to invoke the exempting
away. Pat Reyes shot him in the right leg. Jun‐Jun circumstances of having acted upon the compulsion of
was hit and he fell down but he crawled towards a an irresistible force, or under the impulse of an
fence, intending to pass through an opening uncontrollable fear.
underneath. When Pat. Reyes was about 5 meters
away, he fired another shot at Jun‐Jun hitting him EXEMPTING CIRCUMSTANCES .
at the right lower hip. Pat Reyes brought Jun‐Jun (Art. 12) .
to the hospital, but because of profuse bleeding,
he eventually died. Pat Reyes was subsequently Q: Who are exempted from criminal liability?
charged with homicide. During the trial, Pat Reyes
raised the defense, by way of exoneration, that he A:
acted in the fulfillment of a duty. Is the defense 1. An imbecile or an insane person, unless
tenable? Explain. the latter has acted during a lucid
interval.
A: No. The defense of having acted in the fulfillment
of a duty requires as a condition, inter alia, that the 2. A child fifteen years of age or under is
injury or offense committed be the unavoidable or exempt from criminal liability under R.A.
necessary consequence of the due performance of 9344
the duty (People v. Oanis, G.R. No. L‐47722, July 27,
1943). It is not enough that the accused acted in
fulfillment of a duty. After Jun‐Jun was shot in the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 25
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. A person over fifteen years of age and An imbecile is one who,

under eighteen, unless he has acted with while advanced in age, Insanity exists when there
discernment, in which case, such child has a mental is a complete deprivation
shall be subject to appropriate development comparable of
proceedings in accordance with R.A. to that of children intelligence in committing
9344. between two to seven the act.
years of age.
4. Any person who, while performing a No lucid interval There is lucid interval
lawful act with due care, causes an injury Not exempt from
by mere accident without the fault or Exempt in criminal liability criminal liability if it can
intention causing it. in all cases be shown that he acted
during lucid interval
5. Any person who acts under the
compulsion of an irresistible force. Q: What are the two tests for exemption on
grounds of insanity?
6. Any person who acts under the impulse
of an uncontrollable fear of an equal or
greater injury.
A:
7. Any person who fails to perform an act 1. Test of cognition – whether the accused
required by law, when prevented by acted with complete deprivation of
some intelligence in committing said crime.
lawful or insuperable cause.
2. Test of volition – whether the accused
Q: What is the basis for the exemption from acted in total deprivation of freedom of
criminal liability? will.

A: The reason for the exemption lies on the Note: In the Philippines, both cognition and volition
involuntariness of the act, that is, one or some of tests are applied. There must be complete deprivation
the ingredients of voluntariness such as criminal of the intellect or will or freedom.
intent, intelligence, or freedom of action on the
part of the offender is missing. Q: Is the presumption in favor of sanity?

Q: In case of exempting circumstances, is there a A: Yes. The defense must prove that the accused
crime committed? was insane at the time of the commission of the
crime.
A: Yes. There is a crime committed but no criminal
liability arises from it because of the complete Note: Mere abnormalities of the mental facilities are
absence of any of the conditions which constitute not enough.
free will or voluntariness of the act.
Q: What are the effects of the insanity of the
Q: Who has the burden of proof? accused?

A: Any of the circumstances is a matter of defense A:

and must be proved by the defendant to the 1. At the time of the commission of the crime
satisfaction of the court. – exempt

1. IMBECILITY AND INSANITY . 2. During trial – proceedings suspended,

accused is committed to a hospital
Q: What are the distinctions between imbecility
and insanity? 3. After judgment or while serving sentence –
execution of judgment is suspended, the
A: accused is committed to a hospital. The
IMBECILITY INSANITY
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Circumstances Which Affect Criminal Liability

A:
period of confinement in the hospital is and an insane to be exempted must not be able to
counted for the purpose of the distinguish right from wrong.
prescription of the penalty.
2. MINORITY .
Q: When should insanity be present?
B. Juvenile Justice and Welfare Act of 2006
A: Insanity at the time of the commission of the (R.A. 9344)
crime and not at the time of the trial will exempt
one from criminal liability. Q: What is the meaning of “a child in conflict with
the law”?
Q: What is the effect of insanity at the time of the
trial? A: It refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense under
A: In case of insanity at the time of the trial, there Philippine laws.
will be suspension of the trial until the mental
capacity of the accused is restored to afford him Note: The child in conflict with the law shall enjoy the
fair trial. presumption of minority. He/she shall enjoy all the
rights of a child in conflict with the law until he/she is
Q: What are the other instances of insanity? proven to be 18 years old or older.

Q: What is the minimum age of criminal

responsibility?

a. Dementia praecox (Schizoprenia)‐ is

covered by the term insanity because A:
homicidal attack is common in such form
of psychosis. It is characterized by CRIMINAL
delusions that he is being interfered with AGE BRACKET TREATMENT
LIABILITY
sexually, or that his property is being
The child shall be
taken, thus the person has no control subjected to an
15 years old or
over his acts. Exempt
below intervention
program
b. Kleptomania or presence of abnormal, Above 15 but The child shall be
persistent impulse or tendency to steal, below 18, who subjected to an
to be considered exempting will still have Exempt intervention
acted without
to be investigated by competent discernment program
psychiatrist to determine if the unlawful Such child shall be
act is due to irresistible impulse produced Above 15 but subjected to the
by his mental defect, thus loss of below 18, who Not appropriate
willpower. If such mental defect only acted with exempt proceedings in
diminishes the exercise of his willpower discernment accordance with
and did not deprive him of the R.A. 9344
consciousness of his acts, it is only Note: The exemption from criminal liability herein
mitigating. established does not include exemption from civil
liability, which shall be enforced in accordance with
c. Epilepsy which is chronic nervous disease existing laws
characterized by compulsive motions of
the muscles and loss of consciousness Q: How can the age be determined?
may be covered by the tern insanity.
A: The age of a child may be determined from the
Note: Feeblemindedness is not imbecility because the
child's:
offender can distinguish right from wrong. An imbecile

1. Birth certificate
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 27
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Baptismal certificate Conflict with the Law. (A.M. No. 02‐1‐18‐SC,

3. Any other pertinent documents November 24, 2009)

Note: In the absence of these documents, Q: What are the exempting provisions under this
age may be based on information from the act?
child himself/herself, testimonies of other
persons, the physical appearance of the A:
child and other relevant evidence. In case of 1. Status offenses (Sec 57)‐ Any conduct not
doubt as to the age of the child, it shall be
considered an offense or not penalized if
resolved in his/her favor.
committed by an adult shall not be
considered an offense and shall not be
Q: What is automatic suspension of sentence as punished if committed by a child.
provided for in Sec. 38 of R.A. 9344?
2. Offenses not applicable to children (Sec.
A: Once the child who is under 18 years of age at 58)‐ Persons below eighteen (18) years of
the time of the commission of the offense is found age shall be exempt from prosecution for
guilty of the offense charged, the court shall the crime of:
determine and ascertain any civil liability which
may have resulted from the offense committed.
a. Vagrancy and prostitution under
However, instead of pronouncing the judgment of
Section 202 of RPC
conviction, the court shall place the child in conflict
b. Sniffing of rugby under Presidential
with the law under suspended sentence, without
Decree No. 1619
need of application: Provided, however, That
suspension of sentence shall still be applied even if
Ratio: Such prosecution being inconsistent
the juvenile is already 18 years of age or more at
with the United Nations Convention on the
the time of the pronouncement of his/her guilt.
Rights of the Child: Provided, That said
Upon suspension of sentence and after considering
persons shall undergo appropriate
the various circumstances of the child, the court counseling and treatment program.
shall impose the appropriate disposition measures
as provided in the Supreme Court Rule on Juveniles
in Conflict with the Law. (Sec. 38)

Note: The suspension of sentence under sec.38

R.A.9344 applies regardless of the penalty imposed.
The provision therefore modifies the ruling in
Declarador v. Gubatan

SEC. 38. Automatic Suspension of Sentence. ‐ Once the

child who is under eighteen (18) years of age at the
time of the commission of the offense is found guilty
of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted
from the offense committed. However, instead of
pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under
suspended sentence, without need of application:
Provided, however, That suspension of sentence shall
still be applied even if the juvenile is already eighteen
years (18) of age or more at the time of the
pronouncement of his/her guilt.

Upon suspension of sentence and after considering

the various circumstances of the child, the court shall
impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
 BOOK 1: Circumstances Which Affect Criminal Liability

3. Under Sec 59 with regard to exemption the sole chapter (Criminal Negligence) of Title
from the application of death penalty. Fourteen (Quasi Offenses) of Book Two of the
Revised Penal Code. The crime for Abandonment
3. ACCIDENT WITHOUT FAULT OR INTENTION OF of one's victim (par. 2, Art. 275), falls under Chapter
CAUSING IT .(DAMNUM ABSQUE INJURIA) . Two (Crimes Against Security) of Title Nine (Crimes
Against Personal Liberty and Security) of Book Two
Q: What are the requisites of damnum absque of the same Code.
injuria? Quasi offenses under Article 365 are committed by
means of culpa. Crimes against Security
A: are committed by means of dolo.
1. A person is performing a lawful act
2. With due care Article 365, failure to lend help to one's victim is
3. He causes injury to another by mere neither an offense by itself nor an element of the
accident offense therein penalized. Its presence merely
increases the penalty by one degree. The last
Note: It is something that happens outside paragraph of the Article specifically provides:
the sway of our will, and although it comes
about through some act of our will, lies The penalty next higher in degree to those provided
beyond the bounds of humanly foreseeable for in this article shall be imposed upon the
consequences. offender who fails to lend on the spot to the
injured parties such help as may be in hand to give.
4. Without fault or intention of causing it
Such being the case, it must be specifically alleged
Q: Is the offender exempt from criminal and civil in the information. The
liability? information against petitioner in this case
does not so allege.
A: Yes. The infliction of the injury by mere accident
does not give rise to a criminal or civil liability, but Upon the other hand, failure to help or render
the person who caused the injury is duty bound to assistance to another whom one has accidentally
attend to the person who was injured. wounded or injured is an offense under paragraph
2 of Article 275 of the same code which reads: The
Illustration: penalty of arresto mayor shall be imposed upon:
xxx “ Anyone who shall fail to help or render
A chauffeur, while driving his automobile on the assistance to another whom he has accidentally
proper side of the road at a moderate speed and with wounded or injured”.
due diligence, suddenly and unexpectedly saw a man
in front of his vehicle coming from the sidewalk and
crossing the street without any warning that he would 4. COMPULSION OF IRRESISTIBLE FORCE
do so. Because it was not physically possible to avoid
hitting him, the said chauffeur ran over the man with Q: What is the basis
his car. It was held that he was not criminally liable, it for this exempting
being a mere accident. (U.S. v. Tayongtong, 21 Phil. circumstance?
476)
A: The basis is the complete absence of freedom.
Q: What is the effect of accident in relation to Art.
275, par. 2 (failure to help or render assistance to Q: What is irresistible force?
another whom he has accidentally wounded or
injured) and Art. 365 (imprudence and A: It is a degree of force which is external or
negligence). physical force which reduces the person to a mere
instrument and the acts produced are done
A: In the case of Lamera v. CA, GR. No. 93475 two without
informations are filed against the petitioner, first is his will and against his will.
for reckless imprudence (Article 365), falls under

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 29
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What are the requisites of compulsion of A:

irresistible force? 1. Existence of an uncontrollable fear

A: 2. Fear must be real and imminent

1. Compulsion is by means of physical force
2. Physical force must be irresistible 3. Fear of an injury is greater than or equal
3. Physical force must come from a third to that committed
person
Q: What is the difference between irresistible
Note: It presupposes that a person is compelled by force and uncontrollable fear?
means of extraneous force or violence to commit a
crime. A:
violence or physical or threat.
The force must be so irresistible as to reduce the actor
force.
to a mere instrument who acted not only without will
but against his will.
Q: The evidence on record shows that at the time
Passion or obfuscation cannot amount to irresistible the ransom money was to be delivered,
force. appellants
Arturo Malit and Fernando Morales,
Q: Baculi, who was not a member of the band unaccompanied by any of the other accused,
which murdered some American school teachers, entered the van wherein Feliciano Tan was. At
was in a plantation gathering bananas. Upon that time, Narciso Saldaña, Elmer Esguerra and
hearing the shooting, he ran. However, Baculi was Romeo Bautista were waiting for both appellants
seen by the leaders of the band who called him, from a distance of about one (1) kilometer. Is their
and striking him with the butts of their guns, they defense of uncontrollable fear tenable?
compelled him to bury the bodies. Is he liable as
an accessory to the crime of crime? A: By not availing of this chance to escape,
appellants' allegation of fear or duress becomes
A: It was held that Baculi was not criminally liable untenable. It was held that in order that the
as accessory for concealing the body of the crime of circumstance of uncontrollable fear may apply, it is
murder committed by the band because he acted necessary that the compulsion be of such a
under the compulsion of an irresistible force. (U.S. character as to leave no opportunity to escape or
v. Caballeros, 4 Phil. 350) self‐defense in equal combat. Moreover, the
reason for their entry to the van, where the father
of the victims was, could be taken as their way of
5. UNCONTROLLABLE FEAR
keeping Feliciano Tan under further surveillance at
a most critical time. (People v. Saldana, G.R. No.
Q: What is the basis of
148518,
this exempting circumstance?
Apr. 15, 2004)
A: The basis is complete absence of freedom.
6. PREVENTED BY SOME LAWFUL .
OR INSUPERABLE CAUSE .
Q: What are the requisites of uncontrollable fear?

Q: What is the basis of

A:
this exempting circumstance?
1. Threat, which causes the fear, is of an evil
greater than or at least equal to that
A: The basis is absence of intent.
which he is required to commit.

Q: What is insuperable cause?

2. It promises an evil of such gravity and
imminence that the ordinary man would
A: Some motive which has lawfully, morally, or
have succumbed to it.
physically prevented a person to do what the law
commands.
Q: What are the elements?

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
IRRESISTIBLE FORCE
UNCONTROLLABLE
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA FEAR
, MARY GRACE CAMAYO , DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
A person is compelled
SAIPUDIN, ADRIAN VAALBUENA
person is compelled by
1 by another to commit a
crime by means of
another to commit a crime
by means of intimidation
8
BOOK 1: Circumstances Which Affect Criminal Liability

Note: Under the law, the person arrested must be

delivered to the nearest judicial authority at most C. The Comprehensive Dangerous Drugs Act of
within 36 hours under Art 125 of RPC, otherwise, the 2002 (R.A. 9165)
public officer will be liable for arbitrary detention.

Q: What are the requisites under this exempting 1. Immunity from prosecution and punishment
circumstance?
Q: Who shall be exempt from prosecution and
A: punishment under RA 9165?
1. An act is required by law to be done.
A: Any person who:
2. A person fails to perform such act. 1. Has violated Sections 7, 11, 12, 14, 15,
and 19, Article II of RA 9165
3. Failure to perform such act was due to 2. Voluntarily gives information
some lawful or insuperable cause. a. About any violation of Sections
4, 5, 6, 8, 10, 13, and 16, Article
Q: What are the distinctions between justifying II of this Act
circumstances and exempting circumstances? b. About any violation of the
offenses mentioned if
committed by a drug syndicate,
JUSTIFYING EXEMPTING or
CIRCUMSTANCE CIRCUMSTANCE c. Leading to the whereabouts,
The circumstance affect The circumstance affect identities and arrest of all or
the act, not the actor. the actor. any of the members thereof
The act complained of is Since the act complained 3. Willingly testifies against such persons as
considered to have been of is actually wrongful, described above
done within the bounds there is a crime. But
of law; hence, it is because the actor acted Provided, That the following
considered lawful, there without voluntariness conditions concur:
is no crime, and because there is absence of dolo 1. The information and testimony are
there is no crime, there is or culpa. There is no necessary for the conviction of the
no criminal. criminal persons described above
Since there is a crime
committed but there is 2. Such information and testimony are not
no criminal, there is civil yet in the possession of the State
Since there is no crime or
liability for the wrong
criminal, there is no
done. However in 3. Such information and testimony can be
criminal liability as well as
paragraphs 4 and 7 of
civil liability. corroborated on its material points
Article 12, there is neither
criminal nor civil
liability. 4. The informant or witness has not been
previously convicted of a crime involving
A:
moral turpitude, except when there is no
other direct evidence available for the
State other than the information and
testimony of said informant or witness

5. The informant or witness shall strictly and

faithfully comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 31
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

7. Voluntary surrender
Note: Notwithstanding the provisions of Section 17, 8. Physical defect
Rule 119 of the Revised Rules of Criminal Procedure 9. Illness of the offender
and the provisions of Republic Act No. 6981 or the 10. Similar and analogous circumstances
Witness Protection, Security and Benefit Act of 1991
Q: What are the classes of mitigating
Note: Provided, further, That this immunity may be circumstances?
enjoyed by such informant or witness who does not
appear to be most guilty for the offense with
A:
reference to which his/her information or testimony
were given: Provided, finally, That there is no direct
1. Ordinary mitigating
evidence available for the State except for the
information and testimony of the said informant or 2. Privileged mitigating
witness
Q: What are the distinctions between ordinary
MITIGATING CIRCUMSTANCES . mitigating and privileged mitigating?
(Art. 13) .
A:
Q: What are mitigating circumstances?

A: Mitigating circumstances are those which if

present in the commission of the crime, do not
entirely free the actor from criminal liability but
serve only to reduce the penalty.

Note: One single fact cannot be made the basis of

more than one mitigating circumstance. Hence, a
mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising
from the same fact. 1. INCOMPLETE JUSTIFYING OR .EXEMPTING
CIRCUMSTANCE .
Q: What is the basis of mitigating circumstances?
Q: What is the concept of incomplete justifying or
A: The basis is diminution of either freedom of exempting circumstance?
action, intelligence, or intent or on the lesser
perversity of the offender. A: Incomplete justifying/exempting circumstance
means that not all the requisites to justify the act
Q: What are those circumstances which can are present or not all the requisites to exempt from
mitigate criminal liability? criminal liability are present.

Q: What condition is necessary before incomplete

self‐defense, defense of relative, or defense of
A: stranger may be invoked?
1. Incomplete justifying or
exempting circumstance A: The offended party must be guilty of unlawful
2. The offender is under 18 or over 70 years aggression. Without unlawful aggression, there can
old. be no incomplete self‐defense, defense of relative,
3. No intention to commit so grave a wrong or defense of stranger.
(praeter inentionem)
4. Sufficient threat or provocation Q: How may incomplete self‐defense, defense of
5. Vindication of a grave offense relative, or defense of stranger affect the criminal
6. Passion or obfuscation liability of the offender?
ORDINARY MITIGATING PRIVILEGED MITIGATING
A: If only the element of unlawful aggression is
Can be offset by Can never be offset by
present, the other requisites being absent, the
aggravating circumstances any aggravating
offender shall be given only the benefit of an
circumstance.
CRIMINAL LAW TEAM:
Ordinary mitigating
Privileged mitigating
circumstances, if not

1
ADVISER: JUDGE Roperate
circumstances ICO SEBASTIAN
toD. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
offset,
POLLOSO; MEMBERS: SHARMAGNE JOY will
BINAYoperate to BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
, MARIA CARMELLA reduce the penalty by
reduce the penalty ALBERTtoDECLARO
the , ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
one to two degrees,
minimum period,
1
SAIPUDIN, ADRIAN VALBUENA
depending upon what the
provided the penalty is a
law provides.
divisible one.
8
BOOK 1: Circumstances Which Affect Criminal Liability

ordinary mitigating circumstance.

AGE
EFFECT ON CRIMINAL LIABILITY
However, if aside from the element of unlawful BRACKET
aggression another requisite, but not all, is present, 15 and
Exempting circumstance
the offender shall be given the benefit of a under
privileged mitigating circumstance. In such a case, Exempting circumstance, provided he
the imposable penalty shall be reduced by one or Over 15 acted without discernment. Mitigating
two degrees depending upon how the court under 18, circumstance, provided he acted with
regards discernment
the importance of the requisites present or absent. 18 or over Full criminal responsibility
Mitigating circumstance; no imposition
Q: How may incomplete justifying circumstance of death penalty; execution of death
(with respect justifying circumstances other than Over 70
sentence if already imposed is
those mentioned above) or incomplete exempting suspended and commuted.
circumstance affect criminal liability of the A:
offender?

A: If less than a majority of the requisites necessary

to justify the act or exempt from criminal liability
are present, the offender shall only be entitled to
an ordinary mitigating circumstance.

If a majority of the requisites needed to justify the

act or exempt from criminal liability are present,
the offender shall be given the benefit of a
privileged mitigating circumstance. The penalty
shall be lowered by one or two degrees. When
there are only two conditions to justify the act or to
exempt from criminal liability, the presence of one Note: The modifications/changes introduced by RA
shall be regarded as the majority. 9344 have been incorporated in the table above.

2. UNDER 18 OR OVER 70 YEARS OLD . C. The Comprehensive Dangerous Drugs Act of

2002 (R.A. 9165)
Q: Who are covered under this mitigating
circumstance?
2. Minor Offenders
A: Offenders who are: 3. Application / Non application of RPC
provisions
1. Over 15 but under 18 years old who (Sec. 98, R.A. 9165) cf. Art. 10, RPC
acted with discernment
Q: Is a minor offender entitled to a privilege
2. Over 70 years old mitigating circumstance of minority under R.A.
9165?
Note: It is the age of the accused at the time of the
commission of the crime which should be determined. A:
His age at the time of the trial is immaterial. GR: No, because the law itself prohibits the
application of RPC to R.A. 9165.
Q: What are the legal effects of the various age
brackets of the offender with respect to his XPN: If the offender is a minor and the penalty
criminal liability? is life imprisonment to death, then the penalty
shall be reclusion perpetua to death, adopting
therefore the nomenclature of the penalties
under the RPC. By adopting the nomenclature
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 33
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

of the penalties under the RPC, the RPC shall

apply, and a minor would now be entitled to a Q: In crimes against persons, what if the victim
privilege mitigating circumstance of minority. does not die?
(People v. Simon, G.R. No. 93026, July 29, 1994)
A: The absence of the intent to kill reduces the
3. NO INTENTION TO COMMIT SO GRAVE A felony to mere physical injuries. It is not considered
WRONG . as mitigating. It is only mitigating when the victim
(PRAETER INTENTIONEM) . dies.

Q: What is the basis of 4. SUFFICIENT THREAT OR PROVOCATION .

this mitigating circumstance?
Q: What is the basis of
A: The basis is diminution of intent. this mitigating circumstance?

Q: Should there be a notable and evident A: The basis is loss of reasoning and self‐control,
disproportion between the means employed by thereby diminishing the exercise of his will power.
the offender compared to that of the resulting
felony? Q: What is provocation?

A: Yes. If the resulting felony could be expected A: Provocation is any unjust or improper conduct or
from the means employed, this circumstance does act of the offended party, capable of exciting,
not avail. inciting or irritating anyone.

Note: This circumstance is not applicable when Q: What are the requisites of sufficient threat or
offender employed brute force. provocation as a mitigating circumstance?

Q: Does it apply to felonies by negligence? A:

1. Provocation must be sufficient.
A: No, it is not applicable because the offender acts 2. It must originate from the offended party.
without intent. The intent in intentional felonies is 3. It must be immediate to the act.
replaced by negligence or imprudence.
Q: How is sufficient threat or provocation as a
There is no intent on the part of the offender, mitigating circumstance distinguished from threat
which may be considered as diminished. or provocation as an element of self‐ defense?

Q: What are the factors in order to ascertain the A: As an element of self defense it pertains to its
intention? absence on the part of the person defending
himself while as a mitigating circumstance, it
A: pertains to its presence on the part of the offended
1. The weapon used party. (People v. CA, G.R No. 103613, Feb. 23, 2001)
2. The part of the body injured
3. The injury inflicted Note: Sufficiency depends on:
4. The manner it is inflicted 1. The act constituting the provocation
2. The social standing of the person provoked
Note: This provision addresses the intention of the 3. Time and place provocation took place
offender at the particular moment when the offender
executes or commits the criminal act and not during Q: Tomas’ mother insulted Petra. Petra kills
planning stage. Tomas because of the insults. Can Petra avail of
the
Q: Is this mitigating circumstance applicable when mitigating circumstance?
the offender employed brute force?
A: No. There is no mitigating circumstance because
A: No. E.g. If the rapist choked the victim, the it was the mother who insulted her, not Thomas.
choking contradicts the claim that he had no
intention to kill the girl.
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

Q: Why does the law require that “provocation Note: This has reference to the honor of a person. It
must be immediate to the act,” i.e., to the concerns the good names and reputation of the
commission of the crime by the person who is individual (People v. Anpar, 37 Phil. 201)
provoked?
Q: What are the requisites of vindication of a
A: If there was an interval of time, the conduct of grave offense as a mitigating circumstance?
the offended party could not have excited the
accused to the commission of the crime, he having A:
had time to regain his reason and to exercise 1. Grave offense has been done to the one
selfcontrol. Moreover, the law presupposes that committing the felony, his spouse,
during that interval, whatever anger or diminished ascendants, descendants, legitimate,
selfcontrol may have emerged from the offender natural or adopted brothers or sisters, or
had relatives by affinity within the same
already vanished or diminished. degree.

Note: As long as the offender at the time he 2. Felony is committed in vindication of such
committed the felony was still under the felony was grave offense.
still under the influence of the outrage caused by the
provocation or threat, he is acting under a diminished Q: What is the meaning of the word offense in this
self‐control. This is the reason why it is mitigating. particular mitigating circumstance?
However, you have to look at two criteria:
A: The word offense should not be construed as
1. If from the element of time, there is a material
equivalent to crime. It is enough that what was
lapse of time stated in the problem and there
done was wrong.
is nothing stated in the problem that the effect
of the threat or provocation had prolonged
and affected the offender at the time he Note: The vindication need not be done by the person
committed the crime, then, you use the upon whom the grave offense was committed or who
criterion based on time element. was offended by the wrong done by the offended
party.
2. However, if there is that time element and at
the same time, facts are given indicating
that at the time the offender committed the Q: What factors should be considered in
crime, he is still suffering from outrage of determining whether the wrong is grave or not?
the threat or provocation done to him,
then, he will still get the benefit of this A:
mitigating circumstance.
1. Age
Q: Should threat be offensive and positively 2. Education
strong? 3. Social status

A: No. Threat should not be offensive and positively Q: Is lapse of time allowed between the
strong because if it was, the threat to inflict real vindication and the doing of the grave offense?
injury is an unlawful aggression which may give rise
to self‐defense and thus, no longer a mitigating SUFFICIENT THREAT OR VINDICATION OF GRAVE
circumstance. PROVOCATION OFFENSE
The grave offense may be
5. VINDICATION OF A GRAVE OFFENSE It is made directly only to
committed also against
the person committing
the offender’s relatives
the felony.
Q: What is the basis of mentioned in the law.
this mitigating circumstance? The offended party must
The cause that brought
have done a grave
about the provocation
A: The basis is loss of reasoning and self‐control, offense against the
need not be a grave
thereby, diminishing the exercise of his will power. offender or his relatives
offense.
mentioned in the law.
The vindication of the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U ItN is
I Vnecessary
E R S I T Y that S A N T O Tgrave
O F the OMAS
offense may be
provocation or threat proximate which admits
V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
immediately preceded
the act. There must be no
of interval of time
between the grave
35
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE intervalFacultad
of time between offense
de Derecho Civilcommitted by the
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ the provocation and the offended party and the
commission of the crime. commission of the crime
of the accused.
 UST GOLDEN NOTES 2011

A: Yes. It is enough that: A:

1. The offender committed the crime; 1. Accused acted upon an impulse
2. The grave offense was done to him, his 2. Impulse must be so powerful that it
spouse, his ascendant or descendant or naturally produced passion or
to his brother or sister, whether natural, obfuscation
adopted or legitimate in him.
3. The grave offense is the proximate cause
of the commission of the crime. Note: The passion or obfuscation should arise from
lawful sentiments in order to be mitigating.
Note: A mitigating circumstance only when the same
arose from lawful sentiments. Q: What are the requisites of passion or
obfuscation?
Q: Compare the circumstances of sufficient threat
or provocation and vindication of a grave offense. A:
1. That there is an act, both unlawful and
A: sufficient to produce such a condition of
mind.
2. That the said act which produced the
obfuscation was not far removed from
the commission of the crime by a
considerable length of time, during which
the perpetrator might recover his natural
equanimity.

Note: This particular mitigating circumstance stands

on the premise that the offender is suffering from a
diminished self‐control because of the passion or
obfuscation.

Q: What is the rule when the three mitigating

circumstances of sufficient threat or provocation
(par. 4), vindication of a grave wrong (par. 5) and
passion or obfuscation (par. 6) are present?

A:
GR: If the offender is given the benefit of
6. PASSION OR OBFUSCATION
paragraph 4, he cannot be given the benefit of
paragraph 5 or 6, or vice‐versa. Only one of the
Q: What is the basis of
three mitigating circumstances should be given
this mitigating circumstance?
in favor of the offender.

A: The basis is loss of reasoning and self‐control,

XPN: If the mitigating circumstances under
thereby diminishing the exercise of his will power.
paragraphs 4, 5 and 6 arise from different sets
of facts, they may be appreciated together,
Q: What is passion or obfuscation? although they may have arisen from one and
the same case.
A: Passion and obfuscation refer to emotional
feeling which produces excitement so powerful as Note: The passion must be legitimate. As a rule, it
to overcome reason and self‐control. It must come cannot be based on common law relationship because
from prior unjust or improper acts. The passion and common law relationships are illicit.
obfuscation must emanate from
legitimate sentiments. Q: When is passion or obfuscation not a mitigating
circumstance?
Q: What are the elements of passion or
obfuscation as a mitigating circumstance? A: If the act is committed in the spirit of:
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

1. Lawlessness 7. VOLUNTARY SURRENDER AND CONFESSION

2. Revenge OF
GUILT
Q: What are the distinctions
between passion/obfuscation and Q: What is the basis of
provocation? this mitigating circumstance?

PASSION/OBFUSCATION PROVOCATION
A: The basis is the lesser perversity of the offender.
It is produced by an impulse The provocation
which may cause comes from the Q: What are the requisites of voluntary surrender
provocation injured party as a mitigating circumstance?
The offense need not be
immediate. It is only It must immediately A:
required that the influence precede the
1. Offender had not been actually arrested.
thereof lasts until the commission of the
moment the crime is 2. Surrender was made to a person in
crime.
committed authority or the latter's agent.
3. Surrender was voluntary.
A:
Q: When is surrender considered voluntary?

A: When it is spontaneous, demonstrating intent to

PASSION OBFUSCATION IRRESISTIBLE FORCE
submit himself unconditionally to the person in
Mitigating circumstance Exempting circumstance
authority or his agent.
It cannot give rise to
irresistible force because
It requires physical force. Whether or not a warrant of arrest had been issued
passion or obfuscation
against the offender is immaterial and irrelevant.
has no physical force.
The criterion is whether or not the offender had
The passion or gone into hiding or had the opportunity to go into
obfuscation is in It must come from a third hiding and the law enforcers do not know of his
the offender person. whereabouts.
himself
It must arise from lawful Note: If after committing the crime, the offender did
It is unlawful.
sentiments. not flee and instead he went with the responding law
enforcers meekly, voluntary surrender is
not applicable.

If after committing the crime, the offender did not

Q: What are the distinctions flee and instead waited for the law enforcers to
between passion/obfuscation and arrive, and then he surrendered the weapon he used
in killing the
irresistible force?
victim, voluntary surrender is mitigating.

A:
If the offender comes out from hiding because he is
seriously ill and he wants to get medical treatment,
the surrender is not considered as indicative of
remorse or repentance. The surrender is not
mitigating.

Q: What does “spontaneous” mean?

A: It emphasizes the idea of inner impulse acting

without external stimulus. The conduct of the
accused, not his intention alone, after the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 37
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

commission of the offense, determines the

spontaneity of the surrender. A: Yes, because he fled to the scene of a crime not
to escape but to seek legal advice.
E.g. If the accused surrendered after 5 years, not
spontaneous anymore. Q: Supposing that after the accused met a
vehicular accident causing multiple homicide
If the accused surrendered after talking to town because of reckless imprudence, he surrenders to
councilor, no longer a voluntary surrender since the authorities immediately thereafter, will his
there is external stimulus. surrender mitigate his liability because of Art. 13?

Q: Does the law require that the accused A: No. In cases involving felonies committed by
surrender prior to the order of arrest? means of culpa, the court is authorized under Art.
365 to impose a penalty upon offender without
A: “The law does not require that the accused regard to the rules on mitigating and aggravating
surrender prior to the order of arrest” what circumstances.
matters is the spontaneous surrender of the
accused upon learning that a warrant of arrest Q: What are the requisites of confession of guilt as
had been issued against him and that voluntary a mitigating circumstance?
surrender is obedience to the order of arrest
issued against him A:
(People v. Cahilig, 68 Phil. 740) 1. Offender voluntarily confessed his guilt.
2. It was made in open court (that is before
Q: Why is voluntary surrender is mitigating? the competent court that is to try the
case).
A: If he would give up, his act of surrendering 3. It was made prior to the presentation of
under such circumstance indicates that he is evidence for the prosecution.
willing to accept the consequences of the wrong
he has done which thereby saves the government Note: Plea of guilty is not applicable to special law.
the effort, time and expenses to be incurred in
searching for him. If both plea of guilt and voluntary surrender are
present, they are considered as two independent
Q: Who is a person in authority? mitigating circumstances.

A: He is one directly vested with jurisdiction, Q: Will a conditional plea of guilty be considered
whether as an individual or as a member of some as a mitigating circumstance?
court/government/corporation/board/commissio
n. A: To be mitigating, the plea of guilty must be
without conditions. But conditional plea of guilty
Note: Barrio captain/chairman included. may still be mitigating if the conditions imposed by
the accused are found to be meritorious.
Q: Who is an agent of person in authority?
Q: Upon learning that the police wanted him for
A: He is a person who by direct provision of law, or the killing of Polistico, Jeprox decided to visit the
by election, or by appointment by competent police station to make inquiries. On his way, he
authority is charged with the maintenance of public met a policeman who immediately served upon
order and the protection and security of life and him the warrant for his arrest. During the trial, in
property and any person who comes to the aid of the course of the presentation of the
persons in authority. prosecution’s evidence, Jeprox withdrew his plea
of not guilty. Can he invoke the mitigating
Q: If the accused escapes from the scene of the circumstances of
crime in order to seek advice from a lawyer, and voluntary surrender and plea of guilty? Explain.
the latter ordered him to surrender voluntarily to
the authorities, which the accused followed by A: Jeprox is not entitled to the mitigating
surrendering himself to the municipal mayor, will circumstance of voluntary surrender as his going to
his surrender be considered mitigating? the police station was only for the purpose of
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

verification of the news that he is wanted by the The physical defect that a person may have must have
authorities. In order to be mitigating, surrender a relation to the commission of the crime. Not any
must be spontaneous and that he acknowledges his physical defect will affect the crime. It will only do so if
guilt. it has some relation to the crime committed. This
circumstance must also have a bearing on the crime
committed and must depend on how the crime was
Neither is plea of guilty a mitigating circumstance
committed.
because it was a qualified plea. Besides, Art. 13 (7)
provides that confession of guilt must be done
9. ILLNESS OF THE OFFENDER
before the prosecution had started to present
evidence. (1992 Bar Question)
Q: What is the basis of
8. PHYSICAL DEFECT this mitigating circumstance?

Q: What is the basis of A: The basis is diminution of intelligence and intent.

this mitigating circumstance?
Q: What are the requisites of illness of the
A: The basis is the diminution of the element of offender as a mitigating circumstance?
voluntariness.
A:
Q: What is physical defect? 1. Illness of the offender must diminish the
exercise of will power.
A: A person's physical condition, such as being deaf
and dumb, blind, armless, cripple, or stutterer, 2. Such illness should not deprive the
whereby his means of action, defense or offender the consciousness of his acts.
communication with others are restricted or
limited. The physical defect that a person may have Note: Illness of the mind, not amounting to insanity,
must have a relation to the commission of the may be mitigating.
crime.
If the illness not only diminishes the exercise of the
offender’s will power but deprives him of the
Q: Suppose X is deaf and dumb and he has been
consciousness of his acts, it becomes an exempting
slandered, he cannot talk so what he did was, he
circumstance to be classified as insanity or imbecility.
got a piece of wood and struck the fellow on the
head. X was charged with physical injuries. Is X
10. SIMILAR AND ANALOGOUS CIRCUMSTANCES
entitled to a mitigating circumstance by reason of
his physical defect?
Q: What are the examples
of analogous circumstances?
A: Yes, the Supreme Court held that being a deaf
and dumb is mitigating because the only way is to
A:
use his force because he cannot strike back.
1. The act of the offender of leading the law
enforcers to the place where he buried
Note: The law says that the offender is deaf and
the instrument of the crime has been
dumb, meaning not only deaf but also dumb, or that
considered as equivalent to voluntary
he is blind, meaning in both eyes, but even if he is only
deaf and not dumb, or dumb but not deaf, or blind surrender.
only in eye, he is still entitled to a mitigating
circumstance under this article as long as his physical 2. Stealing by a person who is driven to do
defects restricts his means of communication, so out of extreme poverty is considered
defense, as analogous to incomplete state of
communication with his fellowmen. necessity. (People v. Macbul, 74 Phil. 436)
Unless he became impoverished because
The law does not make a distinction between of his own way of living his life, i.e. he had
educated and uneducated deaf‐mute or blind persons. so many vices.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 39
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. Defendant who is 60 years old with failing A: The basis is the greater perversity of the
eyesight is similar to a case of a person offender manifested in the commission of the
over 70 years of age. (People v. Reantillo felony as shown by:
and Ruiz, C.A. G.R. No. 301, July 27, 1938) 1. Motivating power itself

4. Impulse of jealous feeling, similar to 2. Place of commission

passion and obfuscation.
3. Means and ways employed
5. Voluntary restitution of property, similar
to voluntary surrender. 4. Time

5. Personal circumstances of offender or

6. Outraged feeling of the owner of animal
offended party
taken for ransom is analogous to
vindication of grave offense
Q: What are the kinds of aggravating
circumstances?
7. Esprit de corps is similar to passion and
obfuscation
A:
1. Generic or those that can generally apply
Q: What are the circumstances which are neither
to all crime
exempting nor mitigating?
2. Specific or those that apply only to a
A:
particular crime
1. Mistake in the blow or aberratio ictus
2. Mistake in the identity
3. Qualifying or those that change the
3. Entrapment
nature of the crime
4. Accused is over 18 years of age
5. Performance of righteous action
4. Inherent or those that must of necessity
accompany the commission of the crime
Q: Give circumstances which are considered as
specific mitigating circumstances?
5. Special or those which arise under special
conditions to increase the penalty of the
A:
offense and cannot be offset by
1. Illegal detention (voluntary release within
mitigating circumstances
3 days; without attaining purpose; before
criminal action)
Note: The aggravating
2. Adultery (abandonment of spouse)
circumstances must be established with
3. Infanticide/abortion (intent to conceal moral certainty, with the same degree of proof
dishonor of mother) required to establish the crime itself.

AGGRAVATING CIRCUMSTANCES (Art. 14) Q: What are those circumstances which aggravate
criminal liability?
Q: What are aggravating circumstances?
A:
A: Those which, if attendant in the commission of 1. Advantage taken of public position
the crime: 2. Contempt or insult to public authorities
1. Serve to have the penalty imposed in its 3. Disregard of age, sex, or dwelling of the
maximum period provided by law for the offended party
offense; or 4. Abuse of confidence
and obvious
2. Change the nature of the crime. ungratefulness
5. Palace and places of commission of
Q: What is the basis of aggravating circumstances? offense
6. Nighttime, uninhabited place or band
7. On occasion of calamity or misfortune
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

8. Aid of armed men, etc. generic aggravating

9. Recidivist circumstance. If this
10. Reiteracion or habituality happens, they are
11. Price, reward, or promise susceptible of being
12. By means of inundation, fire, etc. offset by an ordinary
13. Evident premeditation mitigating circumstance.
14. Craft, fraud or disguise
15. Superior strength or means to weaken Note: When there is more than one qualifying
the defense aggravating circumstance present, one of them will be
16. Treachery appreciated as qualifying aggravating while the others
17. Ignominy will be considered as generic aggravating.
18. Unlawful entry
19. Breaking wall Q: Is generic aggravating circumstance necessary
20. Aid of minor or by means of motor to be alleged in the information?
vehicle or other similar means
21. Cruelty A: Under sec. 8 and 9 of Rule 110 of the ROC, even
generic aggravating circumstances
Note: Nos.1‐6, 9‐10, 14, 18, 19 are generic aggravating should be alleged in the information.
circumstances Section 8. Designation of the offense. — The
complaint or information shall state the
Nos. 3, 7, 8, 11, 12, 15‐17, 20, 21 are specific designation of the offense given by the statute,
aggravating circumstances aver the acts or omissions constituting the offense,
No. 16 is a case of qualified aggravating circumstance and specify its qualifying and aggravating
circumstances. If there is no designation of the
Nos. 1, 13, 17, 19 offense, reference shall be made to the section or
are inherent aggravating subsection of the statute punishing it.
circumstances
Section 9. Cause of the accusation. — The acts or
Q: What are the distinctions between generic omissions complained of as constituting the offense
aggravating and qualifying circumstances? and the qualifying and aggravating circumstances
must be stated in ordinary and concise language
A: and not necessarily in the language used in the
QUALIFYING statute but in terms sufficient to enable a person of
GENERIC AGGRAVATING
AGGRAVATING common understanding to know what offense is
CIRCUMSTANCES
CIRCUMSTANCES being charged as well as its qualifying and
Can be offset by an aggravating circumstances and for the court to
Cannot be offset by any
ordinary mitigating pronounce judgment.
mitigating circumstances.
circumstance.
The circumstance is Q: The accused was charged with murder. Three of
actually an ingredient of these circumstances: treachery, evident
It is not an ingredient of a
the crime. The premeditation and the act was done in
crime. It only affects the
circumstance affects the consideration of a price, reward or promise, were
penalty to be imposed
nature of the crime itself alleged as aggravating. May the three
but the crime remains the
such that the offender
same. circumstances be appreciated as qualifying?
shall be liable for a more
serious crime.
A: No, only one of these is qualifying. If any one of
No need to allege this To be appreciated as such
the three circumstances was proven, the crime
circumstance in the must be specifically
already constitutes murder. If the other two are
information, as long as it alleged in the complaint
is proven during trial. or information. also proven, even if they are alleged in the
information or complaint, they are only to be taken
If it is proved during trial, If not alleged but proven as generic. If there is any mitigating circumstance in
the same is considered in during the trial, it will be favor of the offender, the two other circumstances
imposing the penalty. considered only as which are otherwise qualifying could be offset by

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 41
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

the ordinary mitigating circumstances. Q: What is the rule regarding the appreciation of
an aggravating circumstance if there are several
Q: Suppose in a crime of murder, the qualifying accused?
circumstance alleged in the information was
treachery. During the trial, what was proven was A:
the price, reward or promise as a consideration GR: The circumstances which consist in the:
for 1. Material execution of the act;
killing. May the accused be convicted of murder? or
2. Means employed to accomplish
A: No, the accused cannot be convicted of murder it, will only aggravate the criminal liability of
because the circumstance proven was not the one those persons who employed or who had
alleged in the information, hence, it is not knowledge of them at the time of the
qualifying but merely generic. execution of the act
or their cooperation therein.
If any of these qualifying circumstances is not
alleged in the information, it cannot be considered XPN: When there is proof of conspiracy, in
qualifying because a qualifying circumstance is an which case the act of one is deemed to be the
ingredient of the crime and it cannot be taken as act of all, regardless of lack of knowledge of the
such without having been alleged in the facts constituting the circumstance. (Art. 62,
information. par. 4)

This is because it will violate the right of the 1. TAKING ADVANTAGE OF PUBLIC POSITION
accused to be informed of the nature of the
accusation against him. Q: When is it applicable?

Q: If the crime charged is qualified trespass to A: Only when the offender is a public officer. The
dwelling, is dwelling aggravating? offender must have abused his public position or at
least, use of the same facilitated the commission of
A: No. This is because aggravating circumstances the offense.
which in themselves constitute a crime specially
punishable by law or which in themselves are Note: Public officer must have used the influence,
included by law in defining a crime and prescribing prestige or ascendancy of his office as the means by
a penalty therefor shall not be taken into account which he realizes his purpose.
for the purpose of increasing the penalty (Art. 62,
par. 1). Since dwelling is an element of the crime of Q: What is the basis for this aggravating
qualified trespass to dwelling, it should not be circumstance?
taken into account in increasing the penalty.
A: Greater perversity of the offender as shown by
Q: What are personal aggravating circumstances? the means:
1. Of personal circumstance of the offender
A: Aggravating circumstances, which are personal, 2. Used to secure the commission of the
such as those which arise from: crime

1. The moral attributes of the offender Note: To be applicable, the public officer must use his:
2. His private relations with the offended a. influence
party b. prestige
3. Any personal cause c. ascendancy

Q: How are personal aggravating circumstances Q: When is it not applicable?

appreciated?
A: It is not applicable in offenses where taking
A: It shall only serve to aggravate the liability of advantage of official position is made by law an
those persons as to whom such circumstances are integral element of the crime. e.g. malversation or
attendant. (Art. 62, par. 3) falsification of a document committed by public
officers.

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

Note: Taking advantage of a public position is also Q: Is it necessary that the offender has knowledge
inherent in the case of accessories under Art. 19, par. that a public authority is present?
3 (harboring, concealing, or assisting in the escape of
the principal of the crime), and in crimes committed A: Knowledge that a public authority is present is
by public officers (Arts. 204‐245). essential. Lack of such knowledge indicates lack of
intention to insult the public authority.
2. CONTEMPT OR INSULT TO PUBLIC
AUTHORITIES Note: If crime committed is against the public authority
while in the performance of his duty, the offender
Q: What are the requisites of contempt or insult of commits direct assault without this
public authorities as an aggravating circumstance? aggravating circumstance.

A: 3. DISREGARD OF RANK, AGE, SEX OR DWELLING

1. Public authority is engaged in the OF OFFENDED PARTY
exercise of his functions.
Q: What are the requisites of "disregard of rank,
2. Such public authority is not the person age, sex or dwelling" as
against whom the crime is committed. an aggravating circumstance?

3. Offender knows him to be a public A: The act be committed:

authority.
1. With insult or in disregard of the respect
4. His presence has not prevented the due to the offended party on account of
offender from committing the crime. his:
a. Rank
Q: Who is a public authority? b. Age
c. Sex
A: A public authority, also called a person in
authority, is a public officer who has the power to 2. That it be committed in the dwelling of
govern and execute the laws. e.g. municipal mayor, the offended party, if the latter has not
barangay captain, chief of police. given sufficient provocation.

Note: Teachers, professors, supervisors of public and Note: Applies only to crimes against persons or honor,
duly recognized private schools, and not against property like Robbery with homicide.
colleges and universities, as well as lawyers are
persons in authority only for purposes of direct assault The four circumstances enumerated
and simple resistance, but not for purposes of should be considered as one aggravating
aggravating circumstances in par. 2, Art. 14. circumstance only.

Q: Who are agents of a person in authority? Q: What does “with insult or in disregard” mean?

A: Agents of a person in authority are any person, A: It means that in the commission of the crime,
who, by direct provision of law or any election or the offender deliberately intended to offend or
appointment by competent authority, are charged insult
with the maintenance of public order and the the rank, sex or age of the offended party.
protection and security of life and property such as
barrio councilman, barrio policeman and barangay Q: To what does rank refer?
leader, and any person who comes to the aid of
persons in authority. (Art. 152, RPC) A: It refers to official, civil or social position or
standing. The designation or title of distinction used
Note: Par. 2 of Art. 14 does not apply when the crime to fix the relative position of the offended party in
is committed in the presence of an agent only. reference to others.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 43
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

There must be a difference in the social condition 5. The victim is not a dweller of the house.
of
the offender and the offended party. 6. When both the offender and the
offended party are occupants of the same
Q: When is age considered as an aggravating house except in case of adultery in the
circumstance? conjugal dwelling, the same is
aggravating, however, if the paramour
A: Age applies in cases where the victim is of tender also dwells in the conjugal dwelling, the
age or is of old age. applicable aggravating circumstance is
abuse of
Q: What does sex refer? confidence.

A: Sex refers to the female sex, not to male sex. Q: What if one half of the house is used as a store
and the other half is used for dwelling but there is
Q: What is dwelling? only one entrance?

A: Dwelling is a building or structure exclusively A: If the dwelling portion is attacked, dwelling is not
used for rest or comfort. It includes temporary aggravating because whenever a store is open for
dwelling, dependencies, foot of the staircase, and business, it is a public place and as such, is not
enclosure of the house. capable of being the subject of trespass.

Q: Should the dwelling be owned by the offended Note: Where the dwelling portion is attacked and even
party? if the store is open, there is another separate entrance
to the portion used for dwelling, the circumstance is
aggravating.
A: No. It is enough that he used the place for his
peace of mind, rest, comfort and privacy.
If the wife commits the crime of adultery the
aggravating circumstance of dwelling can still be
Note: Dwelling does not mean the permanent
appreciated.
residence or domicile of the offended party or that he
must be the owner thereof. He must, however, be
actually living or dwelling therein even for a If the wife killed her husband in the conjugal house
temporary duration or purpose. the aggravating circumstance of dwelling cannot be
appreciated.
It is not necessary that the accused should have
actually entered the dwelling of the victim to commit If the employer raped their maid the aggravating
the offense. It is enough that the victim was attacked circumstance of dwelling cannot be appreciated.
inside his own house, although the assailant may have
devised means to perpetrate the assault. i.e. Q: What is the meaning of provocation in the
triggerman fired the shot from outside the house, his aggravating circumstance of dwelling?
victim was inside.
A: The provocation must be:
Q: When is dwelling not aggravating? 1. Given by the owner of the dwelling

A: 2. Sufficient
1. When owner of the dwelling gave
sufficient and immediate provocation. 3. Immediate to the commission of the
crime
2. When the offender and the offended
party are occupants of the same house. Note: If all these conditions are present, the offended
party is deemed to have given the provocation, and
3. In the crime of robbery by use of force the fact that the crime is committed in the dwelling of
upon things. the offended party is not an aggravating circumstance.

4. In the crime of trespass to dwelling. Q: When is the aggravating circumstance of

disregard of rank, age, sex not considered for the
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

purpose of increasing the penalty? Q: What are the requisites of obvious

ungratefulness as an aggravating circumstance?
A:
1. When the offender acted with passion or
obfuscation. (All three circumstances) A:
1. The offended party had trusted the
2. When there exists a relationship between offender.
the offended party and the offender. 2. The offender abused such trust by
(circumstance of sex only), e.g. parricide, committing a crime against the offended
rape, abduction and seduction. party.
3. The act be committed with obvious
3. When the condition of being a woman is ungratefulness.
indispensable in the commission of the
crime. Note: The ungratefulness must be such clear and
manifest ingratitude on the part of the accused.
4. ABUSE OF CONFIDENCE OR OBVIOUS
UNGRATEFULNESS Abuse of confidence and obvious ungratefulness are
treated as separate aggravating circumstances.
Q: What are the requisites of abuse of confidence
as an aggravating circumstance? 5. PALACE AND PLACES OF .COMMISSION
OFFENSE
A:
1. Offended party had trusted the offender. Q: What are the requisites of palace and places of
commission of offense as an
aggravating circumstance?
2. Offender abused such trust by
committing a crime against offended
A: The crime be committed:
party.
1. In the palace of the Chief Executive; or
2. In his presence; or
3. Abuse of confidence facilitated the
3. Where public authorities are engaged in
commission of the crime.
the discharge of their duties; or
4. In a place dedicated to religious worship.
Note: This is aggravating only when the very offended
party is the one who reposed the confidence.
Q: If the crime is in the Malacaňang palace or
church, is it always aggravating?
Q: Must the confidence between the parties be
immediate and personal?
A: Yes. Regardless of whether or not official duties
or religious functions are being conducted. Chief
A: Yes, as would give the accused the advantage or
Executive's presence alone in any place where the
make it easier for him to commit the crime. The
crime is committed is enough to constitute the
confidence must be a means of facilitating the
aggravating circumstance.
commission of a crime.

Note: The President or Chief Executive need not be in

Q: In what crimes is abuse of confidence inherent?
the Palace to aggravate the liability of the offender.

A:
As regards other places where public authorities are
1. Malversation engaged in the discharge of their duties, there must
2. Qualified theft be some performance of public functions.
3. Estafa by conversion or misappropriation
4. Qualified seduction Q: Supposing, a crime was committed in the
presidential mansion. Can the aggravating
Note: Abuse of confidence is not considered for the circumstance of palace of the Chief Executive be
purpose of increasing the penalty. appreciated?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 45
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What are the requisites?

A: No. The mansion is not the palace.
A: The crime be committed:
Q: Are cemeteries considered as places dedicated 1. In the nighttime; or
to worship of God? 2. In an uninhabited place; or
3. By a band.
A: No. Cemeteries, however respectable they may
be, are not considered as place dedicated to the Q: When is it aggravating?
worship of God.
A: When:
Note: The place must be dedicated to public religious 1. It facilitated the commission of the crime
worship. Private chapels not included.
2. It especially sought for by the offender to
The offender must have the intention to commit a ensure the commission of the crime or
crime when he entered the place. for
the purpose of impunity
Q: Is a polling precinct a public place?
Note: “Especially sought” means that the
A: A polling precinct is a public place during offender sought it in order to realize the
election day. crime with more ease

Q: What are the distinctions between paragraph 5 “Impunity” means to prevent his (accused)
and paragraph 2? being recognized or to secure himself
against detection and punishment.
WHERE PUBLIC
CONTEMPT OR 3. The offender took advantage thereof for
AUTHORITIES ARE ENGAGED the purpose of impunity
INSULT TO PUBLIC
IN THE DISCHARGE OF THEIR Note: Took advantage means that the
AUTHORITIES (PAR. 2) accused availed himself thereof for the
DUTIES (PAR. 5) successful consummation of his plans.
Place where public duty is performed
In their office. Outside of their office
Q: What is nighttime?
The offended party
A: Nighttime or nocturnity is the period of time
Public authority
May or may not be the public after sunset to sunrise, from dusk to dawn.
should not be the
authority
offended party.
It is necessary that the commission of the crime
A: was commenced and completed at nighttime.

Q: What makes this circumstance aggravating?

A: Darkness of the night. Hence when the place of

the crime is illuminated by light, nighttime is not
aggravating.

Note: It must be shown that the offender

deliberately sought the cover of darkness and the
offender purposely took advantage of nighttime to
Note: In both, public authorities facilitate the commission of the offense.
are in the performance of
their duties. Q: Supposing, the crime was committed inside a
dark movie house at around 4 p.m. Can the
6. NIGHTTIME, UNINHABITED PLACE OR BAND aggravating circumstance of nighttime be
appreciated?

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

Note: Band is absorbed in the circumstance of abuse

A: No, because what should be especially sought of superior strength.
for is the darkness of night, not the darkness of
the movie house when the lights were only off Under Article 306, the mere forming of a band even
because it was only 4 in the afternoon. without the commission of a crime is already a crime
so that band is not aggravating in brigandage because
Q: Supposing, the crime was committed inside a the band itself is the way to commit brigandage.
However, where brigandage is actually committed,
movie house when the lights were still open and
band becomes aggravating.
the time then was 9 p.m. Can the aggravating
circumstance of nighttime be appreciated?
This aggravating circumstance is not applicable in
crimes against chastity.
A: No, because even if it was nighttime, the place
of the commission was well‐lighted when the
Q: If one of the four armed malefactors was a
crime was committed.
principal by inducement, would there be an
aggravating circumstance of a band?
Q: What is the rule in the appreciation of
nighttime and treachery if present in the
A: None. But the aggravating circumstance of
commission of a crime?
having acted with the aid of armed men may be
considered against the inducer if the other two
A: acted as his accomplice.
GR: Nighttime is absorbed in treachery.
7. ON OCCASION OF CALAMITY OR MISFORTUNE
XPN: Where both the treacherous mode of
attack and nocturnity were deliberately
Q: What is the reason for the aggravation?
decided upon, they can be considered
separately if such
A: The debased form of criminality met in one who,
circumstances have different factual bases.
in the midst of a great calamity, instead of lending
aid to the afflicted, adds to their suffering by taking
Q: What is an uninhabited place (despoblado)?
advantage of their misfortune to despoil them.

A: It is where there are no houses at all, a place at a

Q: Under what circumstances is the crime
considerable distance from town, or where the
committed under this paragraph?
houses are scattered at a great distance from each
other.
A: The crime is committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or
Note: It is determined not by the distance of the
other calamity or misfortune.
nearest house to the scene of the crime but whether
or not in the place of the commission of the offense,
there was a reasonable possibility of the victim Note: Offender must take advantage of the calamity.
receiving some help.
Q: To what does other calamity or misfortune
Q: When is uninhabited place aggravating? refer to?

A: To be aggravating, it is necessary that the A: It refers to other conditions of distress similar to

offender took advantage of the place and purposely the preceding enumeration.
availed of it as to make it easier to commit the
crime. 8. AID OF ARMED MEN

Q: What is a band? Q: What are the elements?

A: It means that there are at least four malefactors A: The crime be committed with the aid of:
acting together in the commission of the offense.
1. Armed men, or

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 47
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

crime committed with the aid of armed men

2. Persons who insure or afford impunity under paragraph 8?

Q: What are the requisites of aid of armed men as A:

an aggravating circumstance?

A:
1. Armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. Accused availed himself of their aid or
relied upon them when the crime was
committed.

Note: Arms is not limited to firearms, sticks and stones

included FORMS OF REPETITION OR HABITUALITY OF THE
OFFENDER
Aid of armed men includes armed women. (People v.
Licop, G.R. No. L‐6061, Apr. 29, 1954) Q: What are the different forms of repetition or
habituality of the offender?
Q: When is the circumstance of aid of armed men
not considered aggravating? A:
1. Recidivism
A: 2. Reiteracion
1. Both the attacking party and the party 3. Habitual delinquency
attacked were equally armed. 4. Quasi‐recidivism

2. Accused as well as those who cooperated 9. RECIDIVISM

with him in the commission of the crime
acted under the same plan and for the Q: What are the requisites of recidivism?
same purpose.
A:
3. When the others were only “casually 1. Offender is on trial for one crime
present” and the offender did not avail 2. He was previously convicted by final
himself of any of their aid or when he did judgment of another crime
not knowingly count upon their 3. Both the first and second offenses are
assistance embraced in the same title of the RPC
in the commission of the crime. 4. Offender is convicted of the new offense

Q: What aggravating Q: What is the meaning of “at the time of his trial
circumstance will be for one crime?”
considered if there are four armed men?
A: It is employed in its generic sense, including the
A: If there are four armed men, aid of armed men is rendering of the judgment. It is meant to include
absorbed in employment of a band. everything that is done in the course of the trial,
from arraignment until after sentence is announced
If there are three armed men or less, aid of armed by the judge in open court.
men may be the aggravating circumstance.
Q: What is the reason for considering recidivism as
Q: What are the distinctions between a crime an aggravating circumstance?
committed by a band under paragraph 6 and a
WITH THE AID OF ARMED A: The law considers this aggravating because when
BY A BAND
MEN a person has been committing felonies embraced in
Requires more than the same title, the implication is that he is
At least two
three. specializing on such kind of crime and the law
CRIMINAL LAW TEAM: Requires that more than This circumstance is
three armed malefactors present even if one of the

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
shall have acted together offenders merely relied on
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
in the commission of the their aid is not necessary.
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
offenseSAIPUDIN, ADRIAN VALBUENA

1 Band members are all

principals
Armed men are mere
accomplices.
8
BOOK 1: Circumstances Which Affect Criminal Liability

wants to prevent any specialization. Q: Supposing, the first offense was acts of
lasciviousness in 1980, then the second offense in
Note: It is necessary to allege recidivism in the 2006 was attempted rape. Can the aggravating
information, but if the defense does not object to the circumstance of recidivism be appreciated?
presentation of evidence during the trial and the same
was proven, the court shall consider such aggravating
circumstance because it is only generic.

Q. Is recidivism subject to prescription?

A: No. No matter how long ago the offender was

convicted, if he is subsequently convicted of a
crime embraced in the same title of the Revised
Penal Code, it is taken into account as aggravating
in imposing the penalty (People v. Colocar, 60 Phil.
878).

Q: Does pardon erase recidivism?

A: No, because pardon only excuses the service of

the penalty, but not the conviction. (U.S. v. Sotelo,
28 Phil. 147)

Q: Is it necessary that the conviction come in the

order in which they were committed?

A: Yes. Hence, there is no recidivism if the

subsequent conviction is for an offense committed
before the offense involved in the prior conviction.

Note: If both offenses were committed on the same

date, they shall be considered as only one, hence, they
cannot be separately counted in order to constitute
recidivism. Also, judgments of conviction handed
down on the same day shall be considered as only one
conviction.

Q: In 1980, X committed robbery. While the case

was being tried, he committed theft in 1983. He
was subsequently found guilty and was convicted
of theft also in 1983. The trial for his earlier crime
which was robbery ended in 1984 where he was
also convicted. Is the accused a recidivist?

A: The accused is not a recidivist. The subsequent

conviction must refer to a felony committed later in
order to constitute recidivism. The reason for this
is, at the time the first crime was committed, there
was no other crime of which he was convicted so
he
cannot be regarded as a repeater.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 49
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

No. Acts of lasciviousness and attempted rape Q: What are the distinctions between reiteracion
are not embraced in the same title of the RPC; acts and recidivism?
of lasciviousness is under crimes against chastity
while attempted rape is under crimes against A:
persons. offense offense.
Previous and subsequent
Q: Supposing, the first offense in 1980 was Previous and subsequent
offense must not be
attempted rape, then, the second offense in 2006 offense must be included
embraced in the same
was acts of lasciviousness. Can the aggravating in the same title of RPC
title of RPC
circumstance of recidivism be appreciated? Always taken into
Not always an aggravating consideration in fixing the
A: Yes, because attempted rape then in 1980 was circumstance penalty to be imposed
embraced under crimes against chastity, hence, upon the accused
both crimes are embraced in the same title of the
RPC. HABITUAL DELIQUENCY

Note: If recidivism and reiteracion are both present, Q: What is habitual delinquency?
only recidivism should be appreciated, recidivism
being easier to prove. A: A special aggravating circumstance which has the
effect of increasing the penalty and imposing an
If the same set of facts constitutes recidivism and additional penalty which escalates with the
reiteracion, the liability of the accused should be increase in the number of convictions.
aggravated by recidivism, which can easily be proven.
Q: What are the requisites
10. REITERACION of habitual delinquency?

Q: What are the requisites of reiteracion? A: A person is a habitual delinquent if:

1. Within a period of 10 years from the date
A: of his release or last conviction;
1. Accused is on trial for an offense 2. Of the crimes of falsification, robbery,
2. He previously served sentence for estafa, theft, serious or less serious
a. Another offense to which the law physical injuries;
attaches an equal or greater penalty; 3. He is found guilty of said crimes a third
or time or oftener.
b. Two or more crimes to which it
attaches a lighter penalty than that Note: To be a habitual delinquent, the law requires a
for the new offense. 3rd conviction. The 2nd conviction must be committed
3. He is convicted of the new offense. within 10 years from the 1st conviction or release
from prison, from the 2nd to the 3rd conviction, the
Q: If the penalty attached to the felony period must not be more than 10 years from the
subsequently committed is not equal or higher second
than the penalty already served, is there conviction and so on.
reiteracion?
Habitual delinquency, being a special aggravating
circumstance cannot be appreciated unless alleged in
A: No. Hence, reiteracion is not always aggravating.
the information.
However, when there is a third conviction, even if
the penalty for the subsequent crimes committed
Q: Can an offender be a recidivist and a habitual
be lighter than the ones already served, the
delinquent at the same time?
offender is already a repeater.

A; Yes.

REITERACION RECIDIVISM Illustration:

It is necessary that It is enough that the final
offender has served out judgment has been
CRIMINAL LAW TEAM:
his sentence for the 1st rendered for the 1st

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

If the 1st conviction is for serious physical injuries or

less serious physical injuries and the 2nd conviction is QUASI‐RECIDIVISM
for robbery, theft or estafa and the 3 rd is for
falsification, then the moment the habitual delinquent Q: What is quasi‐recidivism?
is on his fourth conviction, he is a habitual delinquent
and at the same time a recidivist because at least, the
A: Quasi‐recidivism is a special aggravating
fourth time will have to fall under any of the three
categories.
circumstance where a person, after having been
convicted by final judgment, shall commit a new
felony before beginning to serve such sentence, or
Note: When the offender is a recidivist and at the
same time a habitual delinquent, the penalty for the while serving the same.
crime for which he will be convicted will be increased
to the maximum period, unless offset by a mitigating Note: To be appreciated, quasi‐recidivism must be
circumstance. After determining the correct penalty specifically alleged in the information.
for the last crime committed, an added penalty will be
imposed in accordance with Article 62. Q: What are the elements of quasi‐recidivism?

Q: What are the distinctions between habitual A:

delinquency and recidivism? 1. Offender was already convicted by final
judgment of one offense
HABITUAL DELINQUENCY RECIDIVISM
2. He committed a new felony before
beginning to serve such sentence or while
At least three convictions Two convictions are
serving the same
are required enough
The crimes are specified Note: The offender must be serving sentence by virtue
and limited to: (a) serious The crimes are not of final judgment to trigger the application of Art. 160.
physical injuries (b) less specified. It is enough that
serious physical injuries they may be
(c)robbery (d) theft, (e) embraced under the same Q: When is Art. 160 applicable?
estafa or swindling and (f) title of the RPC
falsification A: Art. 160 applies although the next offense is
There is no time limit different in character from the former offense for
between the 1st which the defendant is serving sentence. It makes
There is a time limit of not no difference whether the crime for which an
conviction and the
more than 10 years accused is serving sentence at the time of the
subsequent conviction.
between every conviction commission of the offense charged, falls under the
Recidivism is
imprescriptible RPC or under a special law.
It is a generic aggravating
circumstance which can Note: First crime for which the offender is serving
Habitual delinquency is a be offset by an ordinary sentence need not be a crime under the RPC but the
special aggravating mitigating circumstance. second crime must be one under the RPC. So that if a
circumstance, hence it If not offset, it would only prisoner is serving sentence for homicide and later on
cannot be offset by any increase the penalty found guilty of violation of the Anti‐Dangerous Drugs
prescribed by law for the Law or Illegal Possession of Firearms, this provision is
mitigating circumstance.
crime committed to its not violated. The reverse however, that is where he is
maximum period. serving sentence for Illegal Possession of Firearms (or
any crime for that matter) and then committed
The circumstance must be homicide which is a violation of the RPC, makes this
alleged in the
The circumstance need article applicable.
information, otherwise
not be alleged in the
the court cannot acquire
information. Q: What is the justification for imposing a severe
jurisdiction to impose the
penalty for quasi‐recidivists?
penalty.
A:
A: The severe penalty is justified because of his
perversity and incorrigibility.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 51
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What is the difference between quasirecidivism 2. The price, reward, or promise should be
and recidivism proper, insofar as offsetting of previous to and in consideration of the
mitigating circumstance is concerned? commission of the criminal act.

A: Note: If without previous promise, it was given

QUASI‐RECIDIVISM RECIDIVISM PROPER voluntarily after the crime had been committed, it
Does not require that the should not be taken into consideration for the
It requires that both the purpose of increasing the penalty.
offense for which the
first and the second
convict is serving and the
offenses must embraced
new felony committed Q: Does this aggravating circumstance affect the
in the same title of the
are embraced in the same criminal liability of the one giving the offer?
Code.
title of the Code.
The aggravating The aggravating A: Yes. This aggravating circumstance affects or
circumstances of circumstances of aggravates not only the criminal liability of the
recidivism may not be recidivism may be offset receiver of the price, reward or promise but also
offset by any ordinary by any ordinary the criminal liability of the one giving the offer.
mitigating circumstance mitigating circumstance
present in the present in the Ratio: When there is a promise, reward or price
commission of the crime. commission of the crime. offered or given as a consideration for the commission
of the crime, the person making the offer is an
Note: It does not require that the two offenses are inducer, a principal by inducement; while the person
embraced in the same title in the RPC. receiving the price, reward or promise who would
execute the crime is a principal by direct participation.
Q: When can a quasi‐recidivist be pardoned? They are
both principals hence, their penalties are the same.

GR: Note: The price, reward or promise need not consist

1. When he has reached the age of 70 and of or refer to material things or that the same were
actually delivered, it being sufficient that the offer
has already served out his original
made by the principal by inducement be accepted by
sentence, or
the principal by direct participation before the
2. When he shall complete it after reaching
commission of the offense.
said age
To consider this circumstance, the price, reward, or
XPN: Unless by reason of his conduct or other promise must be the primary reason or the primordial
circumstances, he shall not be worthy of such motive for the commission of the crime. Thus, if A
clemency. approached B and told the latter what he thought of
X, and B answered “he is a bad man” to which A
Note: Quasi‐recidivism may be offset by special retorted, “you see I am going to kill him this
privileged mitigating circumstances not by ordinary afternoon”. And so, B told him, “if you do that I’ll give
mitigating circumstances. you P5,000.00” and after killing X, A again approached
B, told him he had already killed X, and B in
If both recidivism and quasi‐recidivism are present, compliance with his promise, delivered the P5,000.00.
quasi‐recidivism should be appreciated in as much as In this case, the aggravating circumstance is not
it indicates greater penalty on the part of the accused present.
and is a special aggravating circumstance.
12. BY MEANS OF INUNDATION, FIRE, ETC .
11. IN CONSIDERATION OF A PRICE
REWARD OR PROMISE Q: What are the aggravating circumstances under
this paragraph?
Q: What are the requisites under this paragraph?
A: If the crime is committed by means of:
A: 1. Inundation
1. There are at least two principals 2. Fire
a. Principal by inducement 3. Explosion
b. Principal by direct participation 4. Stranding of the vessel or intentional
damage thereto
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

5. Derailment of locomotive; or the accused opened his balisong and uttered “I will kill
6. By use of any other artifice involving him,” and at 4:30 p.m. of the said date, the accused
great waste and ruin. stabbed the victim, it was held that the lapse of three
and a half hours (3 ½ hours) from the inception of the
Note: Any of these circumstances cannot be plan to the execution of the crime satisfied the last
considered to increase the penalty or to change the requisite of evident premeditation.
nature of the offense, unless used by the offender as
means to accomplish a criminal purpose. Q: What is the essence of premeditation?

When used as a means to kill a person, it qualifies the A: The execution of the criminal act must be
crime to murder. preceded by cool thought and reflection upon the
resolution to carry out the criminal intent during
Not aggravating when the law in defining the crime the space of time sufficient to arrive at a calm
includes them. E.g. Fire is not aggravating in the crime judgment.
of arson.
Q: Can there be evident premeditation when the
Q: What are the rules as to the use of fire? killing is accidental?

A: A: No. In evident premeditation, there must be a

1. Intent was only to burn but somebody clear reflection on the part of the offender. If the
died – simple arson but with specific killing was accidental, there was no evident
penalty. premeditation.
2. If fire was used as a means to kill –
murder. Q: What if the victim is different from that
3. If fire was used to conceal the killing ‐ intended?
separate crimes of arson and
murder/homicide. A: When the victim is different from that intended,
premeditation is not aggravating although it is not
13. EVIDENT PREMEDITATION necessary that there is a plan to kill a particular
person for premeditation to exist.
Q: What are the requisites
of evident premeditation? 14. CRAFT, FRAUD OR DISGUISE

Q: What must be attendant in order for this

A: circumstance to be appreciated?
1. Time when offender determined
to commit the crime; A: To be appreciated, these circumstances must
2. Act manifestly indicating that he has have facilitated or be taken advantage of by the
clung to its determination; offender in the commission of a crime.
3. Sufficient lapse of time between the
determination and execution, to allow Note: According to Justice Regalado, the fine
him to reflect upon the consequences of distinctions between craft and fraud would not really
his act and to allow his conscience to be called for as these terms in Art 14 are variants of
overcome the resolution of his will. means employed to deceive the victim and if all are
present in the same case, they shall be applied as a
Note: Premeditation must be clear. It must be based single aggravating circumstance.
upon external acts and not presumed from mere lapse
of time. It must appear that the offender clung to his Q: What is craft?
determination to commit the crime.
A: Craft involves intellectual trickery and cunning
In People v. Mojica, 10 SCRA 515, the lapse of one on the part of the accused in order not to arouse
hour and forty‐five minutes (4:15 p.m. to 6 p.m.) was the suspicion of the victim.
considered by the Supreme Court as sufficient. In
People v. Cabodoc, 263 SCRA 187, where at 1:00 p.m.,
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 53
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

E.g.:
1. A person who pretended to be a customer, A: Whether the device or contrivance resorted to
then, robbed the place by the offender was intended to or did make
2. A person who pretended to be a Meralco identification more difficult, such as the use of a
official, then committed a crime mask or false hair or beard. If in spite of the
disguise, the offender was recognized, disguise
Q: What is fraud? cannot be aggravating.

A: Fraud are deceitful words or machinations used Q: What is the distinction among Craft, Fraud, and
to induce the victim to act in a manner which Disguise
enables the offender to carry out his design.

Q: What is the distinction between fraud and

craft?

A:
FRAUD CRAFT
Where there is a direct The act of the accused
inducement by insidious done in order not to
words or machinations, arouse suspicion of the
15. ABUSE OF SUPERIOR STRENGTH OR MEANS
fraud is present. victim constitute craft.
TO WEAKEN DEFENSE
Note: Craft and fraud may be absorbed in treachery if
Q: What is abuse of superior strength?
they have been deliberately adopted as means,
methods or forms for the treacherous strategy, or
they may co‐exist independently where they are A: To use purposely excessive force out of
adopted for a different purpose in the commission of proportion with the means of defense available to
the crime. the person attacked.

Q: What is disguise? There must be evidence of notorious inequality of

forces between the offender and the offended
A: Disguise means resorting to any device to party in their age, size and strength, and that the
conceal identity. offender took advantage of such superior strength
in committing the crime.
Note:
1. The test of disguise is whether the device or Note: Abuse of superior strength is inherent in the
contrivance resorted to by the offender was crime of parricide where the husband kills the wife. It
intended to make identification more is generally accepted that the husband is physically
difficult stronger than the wife.
2. The use of an assumed name in the
publication of a libel constitutes disguise Q: Is the mere fact that there were two persons
who attacked the victim enough to constitute
Q: Is it necessary that the accused be able to hide abuse of superior strength?
his identity all throughout the commission of the
crime? A: No. It must be shown that the offenders have
taken advantage of their collective strength to
No. The accused must be able to hide his identity overpower their relatively weaker victim or victims.
during the initial stage if not all throughout the
commission of the crime and his identity must have Q: What is the meaning of “advantage be taken”?
been discovered only later on to consider this A: It means to deliberately use excessive force that
aggravating circumstance. is out of proportion to the means for self‐defense
available to the person attacked. (People v.
Q: What is the test in order to determine if Lobrigas)
disguise exist?
Q: When does means employed to weaken
CRAFT FRAUD DISGUISE defense exist?
CRIMINAL LAW TEAM: Involves the
use of
Involves the use
intellectual Involves the
1 trickery
POLLOSO; MEMBERS: SHARMAGNE and
JOY B
of directADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
INAY, MARIA Cinducement
ARMELLA BUSTONERA use of devise
by, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
cunning not to ALBERT DECLARO, ERIK GALLARDO, KINGtoJAMES
insidious words or
conceal
CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
arouse the SAIPUDIN, ADRIAN VALBUENA
1
identity
suspicion of the machinations
victim
8
BOOK 1: Circumstances Which Affect Criminal Liability

A: It exists when the offended party's resisting ward off the attack.
power is materially weakened.
Q: What are the requisites of treachery?
Q: What are the requisites of means to weaken
defense? A:
1. At the time of the attack, victim was not
A: in the position to defend himself
1. Means were purposely sought to weaken
the defense of the victim to resist the 2. Offender consciously adopted the
assault particular means, method or form of
2. The means used must not totally attack employed by him.
eliminate possible defense of the victim,
otherwise, it will fall under treachery. Note: The location of the wounds does not give rise to
the presumption of the presence of treachery.
Q: In what cases is it applicable?
Q: What is the essence of treachery?
A: It is applicable only to crimes against persons,
and sometimes to crimes against property, such as A: The essence of treachery is that by virtue of the
robbery with homicide. means, method or form employed by the offender,
the offended party was not able to put up any
Note: Means to weaken the defense is absorbed in defense.
treachery.
Q: When is treachery absent?
16. TREACHERY
A: Treachery is out when the attack was merely
Q: What is treachery? incidental or accidental because in the definition of
treachery, the implication is that the offender had
A: Treachery (aleviosa) refers to the employment of consciously and deliberately adopted the method,
means, method, or form in the commission of the means and form used or employed by him.
crime which tend directly and specially to insure its
execution without risk to himself arising from the Note: Suddenness of the attack does not by itself
defense which the offended party might make. constitute treachery in the absence of evidence that
the manner of the attack was consciously adopted by
Note: the offender to render the offended party defenseless
except if the victims are children of tender years.
Rules regarding treachery:
Q: What are those instances that may be absorbed
1. Applicable only to crimes against persons. by treachery?
2. Means, methods, or forms need not insure
accomplishment of crime A:
3. Mode of attack must be thought of by the 1. Abuse of superior strength
offender, and must not spring from the 2. Aid of armed men
unexpected turn of events. 3. By a band
4. Means to weaken the defense
Treachery cannot co‐exist with passion or obfuscation 5. Craft
(People v. Pansensoy, G.R. No. 140634, Sept. 12, 2002) 6. Nighttime

Q: What is the test of treachery? Q: Must treachery be present at the beginning of

the assault?
A: The test of treachery is not only the relative
position of the parties but more specifically A: It depends.
whether or not the victim was forewarned or
afforded the opportunity to make a defense or to

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 55
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

1. When the aggression is natural effects of the crime. Ignominy shocks the
continuoustreachery must be present at moral conscience of man.
the beginning of the assault.
2. When the assault was not continuous‐ it E.g.
is sufficient that treachery was present 1. A married woman being raped before the
when the fatal blow was given. eyes of her husband.
2. Raping a woman from behind
Note: Alevosia should be considered even if: 3. After having been killed, the body was
thrown into pile or garbage.
1. The victim was not predetermined but there 4. Accused embraced and kissed the
was generic intent to treacherously kill any offended party not out of lust but out of
first two persons belonging to a class. anger in front of many people
2. There was aberratio ictus and the bullet hit 5. Victim was raped successively by five
a person different from that intended. men.
3. There was error in personae, hence, the
victim was not the one intended by the
accused.

Q: Supposing, the victim hid behind a drum where

he could not be seen by the offender. The
offender, knowing that the victim was hiding
behind the drum shot at the drum. The bullet
penetrated the drum and hit the victim which
caused his death. Can the aggravating
circumstance of treachery be appreciated?

A: Yes. The victim was not in a position to defend

himself.

Q: What is the distinction among Treachery,

Abuse of Superior Strength, Means Employed to
Weaken
Defense

MEANS
ABUSE OF
EMPLOYED
TREACHERY SUPERIOR
TO WEAKEN
STRENGTH
DEFENSE
Means, methods
Offender does Means are
or forms are
not employ employed but
employed by the
means, methods it materially
offender to make
or forms of weakens the
it impossible or attack, he only resisting
hard for the
takes advantage power of the
offended party to
of his superior offended
put any sort of
strength party
resistance

17. IGNOMINY

Q: To what does ignominy pertain to?

A: It pertains to the moral order, which adds

disgrace to the material injury caused by the crime.
Ignominy adds insult to injury or adds shame to the

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Circumstances Which Affect Criminal Liability

Note: This circumstance is inherent in the crimes of

Q: What are the requisites for ignominy? trespass to dwelling and robbery with force upon things.
A: But it is aggravating in the crime of robbery with violence
1. Crime must be against against or intimidation of persons.
a. Chastity
b. less serious physical injuries Q: Why is unlawful entry aggravating?
c. light or grave coercion
d. murder A: One who acts, not respecting the walls erected by
men to guard their property and provided for their
2. The circumstance made the crime more personal safety, shows greater perversity, a greater
humiliating and shameful for the victim. audacity and hence the law punishes him
with more severity.
Note: Ignominy is not present where the victim was
already dead when such acts were committed Q: Supposing, the owners of the house commonly use
against his body or person the window as their ordinary means to enter the house,
then the accused entered the door. Can the aggravating
Q: To what crimes is ignominy inherent? circumstance of unlawful entry be appreciated?

A: A: Yes. The aggravating circumstance of unlawful entry

1. Libel may still be appreciated.
2. Acts of lasciviousness
19. BREAKING WALL
Q: What is the distinction between ignominy and
cruelty? Q: What are the requisites for breaking a wall?

IGNOMINY CRUELTY A:
Ignominy refers to the 1. A wall, roof, window, or door was broken
Cruelty pertains to
moral effect of a crime 2. They were broken to effect entrance
physical suffering of the
and it pertains to the
victim so the victim has
moral order, whether or
to be alive. Q: Give instances where breaking is lawful.
not the victim is dead or
alive.
A:
A:
1. An officer in order to make an arrest may break
open door or window of any building in which
the person to be arrested is or is reasonably
believed to be (Sec. 11, Rule 133 of Rules of
18. UNLAWFUL ENTRY Court);
2. An officer if refused admittance may break open
any door or window to execute the search
warrant or liberate himself (Sec. 7, Rule 126 of
Note: Ignominy and cruelty are circumstances brought Rules of Court);
about which are not necessary in the commission of the 3. Replevin (Sec.4, Rule 60 of Rules of Court)
crime.
Q: What is the distinction between breaking wall and
unlawful entry?

Q: When is an entry considered unlawful? A:

BREAKING WALL UNLAWFUL ENTRY
A: When an entry is effected by a way not intended
Presupposes that there is
for that purpose.
It involves the breaking of no such breaking as by
the enumerated parts of entry through the
The use of unauthorized entrance must not be for the the house. window.
purpose of escape.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 57
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

20. AID OF MINORS OR USE OF MOTOR VEHICLES

OR THER SIMILAR MEANS A: When the culprit enjoys and delights in making his
victim suffer slowly and gradually, causing him
AID OF MINORS unnecessary and prolonged physical pain in the
consummation of the crime.
Q: Why is this considered an aggravating
circumstance? Q: What are the requisites of cruelty as an aggravating
circumstance?
A: To repress professional criminals to avail themselves of
minors, taking advantage of their irresponsibility and to A:
counteract the great facilities found by modern criminals to 1. The injury caused be deliberately increased by
commit the crime and abscond once the same is causing other wrong.
committed. 2. The other wrong be unnecessary for the
execution of the purpose of the offender.
The use of a minor in the commission of the crime
shows the greater perversity of the offender because he is Q: Is cruelty inherent in crimes against persons?
educating the innocent minor in
committing a crime. A: No. In order for it to be appreciated, there must be
positive proof that the wounds found on the body of the
USE OF MOTOR VEHICLES victim were inflicted while he was still
alive to unnecessarily prolong physical suffering.
Q: Why is this considered as an aggravating
circumstance? Note: If the victim was already dead when the acts of
mutilation were being performed, this would also qualify the
A: The use of motor vehicles in the commission of a killing to murder due to outraging of his corpse.
crime poses difficulties to the authorities in
apprehending the offenders. E.g. Cruelty is aggravating in rape where the offender tied
the victim to a bed and burnt her face with a
This circumstance is aggravating only when used to lighted cigarette while raping her laughing all the way.
facilitate the commission of the offense.
Q: What are the other aggravating circumstances?
Note: If motor vehicle is used only in the escape of the
offender, motor vehicle is not aggravating. (People v. A:
Espejo, L‐27708, Dec. 19, 1970) 1. Organized or syndicated crime group
2. Under influence of dangerous drugs
Q: What does the phrase “other similar means” 3. Use of unlicensed firearm
mean?
C. The Comprehensive Dangerous Drugs Act of
A: It means should be understood as referring to 2002 (R.A. 9165)
motorized vehicles or other efficient means of
transportation similar to automobile or airplane.
4. As a qualifying aggravating circumstance
Q: Supposing, the accused robbed a house then
Note: Notwithstanding the provisions of any law to the
found a car in front of the house which he used for his
contrary, a positive finding for the use of dangerous drugs
escape, can the aggravating circumstance of
shall be a qualifying aggravating circumstance in the
use of motor vehicle ne appreciated?
commission of a crime by an offender, and the application of
the penalty provided for in the Revised
A: No. The crime has already been accomplished. Penal Code shall be applicable. (Sec. 25)

Note: Even if the motor vehicle used is a public vehicle, the D. Decree Codifying the Laws on Illegal/Unlawful
circumstance may still be appreciated. Possession, Manufacture, Dealing in, Acquisition or
Disposition, of Firearms, Ammunition or
21. CRUELTY Explosives (P.D. 1866, as amended by R.A. 8294)

Q: When does cruelty exist?

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
0
BOOK 1: Circumstances Which Affect Criminal Liability

Q: What changes were brought about by R.A. 8294 on P.D. Note: The provisions of the RPC insofar as they are applicable
1866? shall be suppletory to this Act. Moreover, if the commission
of any crime punishable under Title Eight (Crimes Against
A: Persons) and Title Nine (Crimes Against Personal Liberty and
Security) of the Revised Penal Code is attended by any of the
acts constituting torture and other cruel, inhuman and
1. The use of an unlicensed firearm to commit murder or
degrading treatment or punishment as defined herein, the
homicide is an aggravating circumstance. Hence,
penalty to be imposed shall be in its maximum period.(Sec.
illegal possession or use of unlicensed firearm is
22, RA 9745)
no longer punished as a separate offense.
F. Anti‐Violence Against Women and Their
2. If the illegal possession or use of unlicensed firearm or Children Act of 2004 (RA 9262)
explosives is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection, Note: Being under the influence of alcohol, any illicit drug, or
or subversion shall be any other mind‐altering substance shall not be
absorbed as an element of such crimes. a defense under this Act. (Sec. 27, RA 9262)

3. Penalty for mere possession of an unlicensed firearm

is based on whether
the firearm is low‐powered or highpowered. ALTERNATIVE CIRCUMSTANCES
(Art.15)
4. Unlicensed firearm shall include: firearms with
expired license; or unauthorized use of Q: What is the basis of alternative circumstances?
licensed firearm in the commission of
the crime. A: The basis is the nature and effects of the crime
and the other conditions attending its commission.
Q: When is the use of unlicensed firearm considered
absorbed as an element of the crime of rebellion, or Q: What are alternative circumstances?
insurrection, sedition or attempted
coup d’ etat ? A: Those which must be taken into consideration as
aggravating or mitigating according to the nature and
A: If the unlicensed firearm is used in furtherance of or effects of the crime and the other conditions attending its
incident to, or in connection with the crime of commission.
rebellion, or insurrection, sedition, or attempted coup d’
etat. (Sec.1) Q: What are the four alternative circumstances?

Q: When is the use of unlicensed firearm considered an

A:
aggravating circumstance?
1. Relationship
2. Intoxication
A: In the crimes of homicide and murder (Sec.1)
3. Degree of instruction
4. Education of the offender
Q: When is the use of explosives considered an
aggravating circumstance?
1. RELATIONSHIP
A: When a person commits any of the crimes defined in
the Revised Penal Code or special laws with the use of the Q: When is relationship taken into consideration?
aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any A: When the offended party is the:
person or persons, the use of such explosives, 1. Spouse
detonation agents or incendiary devices shall be 2. Ascendant
considered as an 3. Descendant
aggravating circumstance. (Sec. 2, RA 8294) 4. Legitimate, natural, or adopted brother or
sister;
E. Anti‐Torture Act of 2009 (RA 9745) 5. Relative by affinity in the same degree of the
offender

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 59
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

6. Other relatives included by analogy to ascendants and a. When the offended party is a relative of a
descendants. e.g. higher degree than the offender;
Stepparents – It is their duty to bestow upon their
stepchildren a mother/father’s affection, care and b. When the offender and the offended party
protection. are relatives of the same level, as killing a
brother; (People v. Alisub,
Note: The relationship of uncle and niece is not covered by any of 69 Phil. 362)
the relationship mentioned
c. Where the crime is physical injuries:
Q: When is relationship exempting? i. Serious physical injuries – even if the
offended party is a
A: descendant of the offender;
1. In the case of an accessory who is related to the
principal within the relationship The serious physical injuries must not
prescribed in Article 20. be inflicted by a parent upon his child
by excessive chastisement
2. In Art. 247, a spouse will not incur criminal liability for
a crime of less serious physical injuries or serious ii. Less serious physical injuries or slight
physical injuries if this was inflicted after having physical injuries – if the offended party is
surprised the offended spouse or paramour or a relative of a
mistress committing actual sexual intercourse. higher degree of the offender;

3. Under Art. 332, in the crime of theft, d. When the crime committed is homicide
malicious mischief and swindling or estafa, or murder, relationship is aggravating
there is no criminal liability if the offender is even if the victim of the
related to the offended party as spouse, crime is a relative of a lower degree;
ascendant, or descendant or if the offender is a
brother or sister or brother‐in‐law or sister‐ in‐
e. In rape, relationship is aggravating
law of the offended party and they are living
where a stepfather
together.
raped his stepdaughter (People v.
De Leon, 50 Phil. 539) or in a case where
Q: When is relationship mitigating?
a father raped his own daughter (People
v.
A: Porras, 58 Phil. 578).
1. In crimes against property, by analogy to Art.
332 (persons exempt from criminal liability).
2. In crimes against chastity.
Thus, Relationship is mitigating in the crimes of
Q: When is relationship neither aggravating nor
robbery (Arts. 294‐302), usurpation (Art.
mitigating?
312), fraudulent insolvency (Art. 314) and
arson (Arts 321‐
A: Relationship is neither aggravating nor mitigating
322, 325‐326)
when relationship is an element of the offense. e.g.
parricide, adultery and concubinage.
2. In crimes against persons when it comes to
physical injuries, it is mitigating when the
Note: In the crime of qualified seduction, relationship is a
offense committed is less serious physical
qualifying aggravating circumstance, where the offender is
injuries or slight physical injuries, if the
a brother or an ascendant of the offended woman,
offended party is a relative of a whether or not the woman is a virgin or over
lower degree. (Reyes, p.473) 18 years of age.

Q: When is relationship aggravating? 2. INTOXICATION

A: Q: When is intoxication mitigating?

1. In crimes against persons in cases:
A: If intoxication is:
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 1: Circumstances Which Affect Criminal Liability

1. Not habitual; or

2. Not subsequent to the plan to commit a felony, or

3. At the time of the commission of the crime, the

accused has taken such quantity of alcoholic drinks
as to blur his reason and deprive him of certain
degree
of control.

Note: To be mitigating, the state of intoxication of the accused

must be proved. Once intoxication is established by satisfactory
evidence, in the absence of proof to the contrary, it is presumed
to be nonhabitual or unintentional.

Q: When is intoxication aggravating?

A: If intoxication is

1. Habitual; or

2. Intentional (subsequent to the plan to commit a

felony).

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 61
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 BOOK 1: Circumstances Which Affect Criminal Liability

Note: The moment intoxication is shown to be habitual Q: Is the degree of instruction and education two
or intentional to the commission of the crime, the same distinct circumstances?
will immediately aggravate, regardless of the crime
committed. A: Yes. One may not have any degree of instruction
but is nevertheless educated.
Q: Who is a “habitual drunkard?”
ACADEMICS CHAIR:LESTER JAY ALAN II
A: He is one given to intoxication by excessive use
V ICE FOR ACADEMICS: KAREN SABUGO
of intoxicating drinks.
Note: It is not illiteracy alone but the lack of
Q: What determines whether intoxication is intelligence of the offender that is considered.
mitigating or not?
Low degree of education is never aggravating in the
A: The basis is the effect of the alcohol upon the manner that high degree is never mitigating.
offender, not the quantity of the alcoholic drink he
had taken in. Q: Supposing, the crime was done not in a civilized
society, can the alternative circumstance of low
degree of instruction be a mitigating
3. DEGREE OF INSTRUCTION OR EDUCATION OF circumstance?
THE OFFENDER
A: Yes. It is still considered as a mitigating
Q: Is degree of instruction or education mitigating? circumstance.

A:
GR: Lack or low degree of instruction is
mitigating in all crimes.

XPN: Not mitigating in:

1. Crimes against property (e.g. arson, estafa,

threat)

2. Crimes against chastity

3. Murder or homicide

4. Rape

5. Treason – because love of country should be

a natural feeling of every citizen, however
unlettered or uncultured he may
be. (People v. Lansanas, 82 Phil. 193)

Illustration:

If the offender is a lawyer who committed rape, the fact

that he has knowledge of the law will not IV. PERSONS CRIMINALLY LIABLE
aggravate his liability.
Q: Who are criminally liable?
But if a lawyer committed falsification, that will aggravate
his criminal liability because he used his special A: The following are criminally liable for grave and less
knowledge as a lawyer. He took advantage of grave felonies:
his learning in committing the crime. 1. Principals
2. Accomplices
E. FLORES
UNIVERSITY OF SANTO TOMAS

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 BOOK 1: Persons Criminally Liable

3. Accessories 1. Individual criminal responsibility – When

there is no conspiracy, each of the offenders
Note: This classification is true only under the RPC and is is liable only for the act performed by him.
not used under special law, because the penalties under
special laws are not graduated. However, if a special law 2. Quasi ‐ collective criminal responsibility –
provides for the same graduated penalties as those Some offenders in the crime are
provided under the RPC, the classification under the RPC
principals and the others are accomplices.
may be adopted.

3. Collective criminal responsibility – Where

This article applies only when the offenders are to be
there is conspiracy, the act of one is the act
judged by their individual, and not collective, liability.
of all. All conspirators are liable as
coprincipals regardless of the extent and
Q: Who can be the parties in the commission of a
character of their participation.
crime?

Q: What are the kinds of principals?

A:
1. Active subject (the criminal)
A:
2. Passive subject (the injured party)
1. Principal by direct participation
2. Principal by induction/inducement
Q: Who can be active subjects of a crime?
3. Principal by indispensable cooperation
A: Only natural person can be the active subject of
1. PRINCIPAL BY DIRECT PARTICIPATION
crime because of the highly personal nature of the
criminal responsibility.
Q: What are the requisites for principals by direct
participation?
Note: Under the RPC, natural persons act with personal
malice or negligence, artificial persons cannot act with
malice or negligence. A:
1. They participated in the
Q: Who can be passive subjects of a crime? criminal resolution.
2. They carried out the plan and personally
A: A corporation and partnership can be passive took part in its execution by acts, which
subjects of a crime. directly tended to the same end.

Note: A juridical person like a corporation cannot commit Note: Principals by direct participation are those who
a crime that requires willful purpose or malicious intent. materially execute the crime. They appear at the crime
scene and perform acts necessary in the commission of
the crime.
Q: May corpses or animals be passive subjects of a
crime?
Q: What is the effect if the second element is
missing?
A:
GR: Corpses and animals cannot be passive
A: If the second element is missing, those who did not
subjects because they have no rights that may be
participate in the commission of the acts of execution
impaired.
cannot be held criminally liable because there is no
conspiracy, unless the crime agreed upon to be
XPN: Under Art. 253, the crime of defamation may
committed is treason, sedition, coup d’
be committed if the imputation tends to
etat or rebellion.
blacken the memory of one who is dead.
PRINCIPALS (Art. 17)
This is because the conspiracy contemplated here is a
manner of committing a crime which is not punishable
Q: What are the different classifications of criminal
as a rule unless it is a conspiracy to commit treason,
responsibility?
sedition, coup d’ etat or rebellion
which is expressly punishable as a crime by the RPC.
A:

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 63
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 UST GOLDEN NOTES 2011

Q: What does personally took part in the

commission of the crime mean? A: The inducement contemplated is one strong enough
that the person induced could hardly resist.
A: It means that: Inducement is tantamount to an irresistible force
1. The principal by direct participation must be compelling the person induced to carry out the
at the scene of the commission of the crime, execution of the crime.
personally taking part in its execution.
2. Under conspiracy, although he was not Q: Who is a principal by inducement?
present in the scene of the crime, he is
equally liable as a principal by direct A: To be a principal by inducement, the inducer’s
participation. utterances must be such nature and made in such
manner as to become the determining cause of the
E.g. One serving as guard pursuant to the conspiracy is a crime.
principal by direct participation.
Note: Principals by inducement are liable even if they do
Q: What is the rule in determining criminal liability in not appear at the scene of the crime.
case of conspiracy?
Q: What are the two ways of directly inducing
A: another to commit a crime?
GR: If there is conspiracy, the criminal liability of all
the participants will be the same, because the act A:
of one is the act of all. 1. By directly forcing another to commit a
crime by:
XPN: If the participation of one is so insignificant,
such that even without his cooperation, the crime a. Using irresistible force
would be committed just as well, then – such physical force as
notwithstanding the existence of a conspiracy, would produce an effect upon the
such offender will be regarded only as an individual that in spite of all resistance,
accomplice. it reduces him
to a mere instrument
Ratio: The law favors milder form of criminal liability if the
act of the participant does not demonstrate a clear b. Causing uncontrollable fear
perversity.
– compulsion by means of
intimidation or threat that promise an
Q: What is the effect of conspiracy if not all the evil of such gravity and
elements of the crime is present as regards the eminence that the
coconspirator? ordinary man would have
succumbed to it.
A:
GR: When there is conspiracy, the fact that the Note: In these cases, there is no conspiracy. Only the
element of the offense is not present as regards one using force or causing fear is criminally liable. The
one of the conspirators is immaterial. material executor is not criminally liable because of
exempting circumstances of irresistible force and
XPN: uncontrollable fear.
1. In parricide – the element of relationship
must be present as regards the offenders. 2. By directly inducing another to commit a
2. In murder – where treachery is an element crime by:
of the crime, all offenders must have
knowledge of the employment of the a. Giving price, or offering reward or
treachery at the time of the execution promise
of the act.
Requisites:
2. PRINCIPALS BY INDUCTION/ INDUCEMENT i. Inducement must be made directly
with the intention of procuring the
Q: What is meant by inducement? commission of the crime;
CRIMINAL LAW TEAM:

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ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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SAIPUDIN, ADRIAN VALBUENA
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BOOK 1: Persons Criminally Liable

ii. Such inducement be A: A principal by inducement becomes liable only

the determining cause of when the crime is committed by the principal by
the commission of the crime by the direct participation.
material executor.
Q: What is the effect of the acquittal of the principal
Note: The one giving the price or offering the by direct participation on the liability of the principal
reward or promise is a principal by inducement by inducement?
while the one committing the crime in
consideration thereof is a principal by direct A:
participation. There is collective criminal 1. Conspiracy is negated by the acquittal of co‐
responsibility. defendant.
2. One cannot be held guilty of having
b. Using word or command. instigated the commission of a crime
without first being shown that the crime
Requisites: has been actually committed by another.
i. The one uttering the words of
command must have the intention Note: If the one charged as principal by direct
of procuring the commission of the participation is acquitted because he acted without
crime; criminal intent or malice, his acquittal is not a ground for
ii. He must have an ascendancy or the acquittal of the principal by inducement.
influence over the person who
acted; Q: What are the distinctions between a principal by
iii. Words used must be so direct, so inducement and an offender who made a proposal to
efficacious, and powerful as to commit a felony?
amount to physical or moral
coercion; A:
iv. Words of command must be OFFENDER WHO MADE
uttered prior to the commission of PRINCIPAL BY
the crime; PROPOSAL TO COMMIT
v. Material executor of the crime has INDUCEMENT
no personal reason to commit the A FELONY
crime. In both, there is inducement to commit a crime
The mere proposal to
Note: The one who used the words of
commit a felony is
command is a principal by inducement while punishable is not
the one committing the crime because of the punishable except in
words of command is a principal by direct proposal to commit
participation. There is collective criminal Becomes liable only when treason or rebellion.
responsibility. the crime is committed However, the person to
by the principal by direct whom the proposal is
Words uttered in the heat of anger and in the participation made should not commit
nature of command that had to be the crime; otherwise,
obeyed do not make one an inductor. the proponent becomes
a principal by
Mere imprudent advice is not inducement. inducement.
The proposal to be
If the person who actually committed the
punishable must involve
crime had his own reason to commit it, it Involves any crime
cannot be said that the inducement was only treason or
influential in producing the criminal act. rebellion

Q: When will the criminal liability of the principal Q: A asked B to kill C because of grave injustice done
by inducement arise? to A by C. A promised B a reward. B was willing to kill
C, not so much because of the reward promised to
him but because he also had his own long‐standing

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 65
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 UST GOLDEN NOTES 2011

grudge against C, who had wronged him in the past.

If C is killed by B, would A be liable as a principal by Q: Who is an accomplice?
inducement?
A: An accomplice is one who:
A: No, A would not be liable as principal by 1. Concurs with the criminal design of
inducement because the reward he promised B is not the principals by direct
the sole impelling reason which made B to kill participation;
C.
2. Cooperates in the execution of the
To bring about criminal liability of a co‐principal, the offense by previous or simultaneous
inducement made by the inducer must be the sole acts, with the intention of supplying
consideration which caused the person induced to material or moral aid in the
commit the crime and without which the crime would execution of the crime in an
not have been committed. The facts of the case efficacious way;
indicate that B, the killer supposedly induced by A, had
his own reason to kill C out of a Note: Cooperation of an accomplice is only
long standing grudge. (2002 Bar Question) necessary,
not indispensable.
3. PRINCIPALS BY INDISPENSABLE
COOPERATION Before there can be an accomplice, there must be
a
Q: Who is a principal by principal by direct participation.
indispensable cooperation?
In case of doubt, the participation of the
A: Those who: offender will be considered that of an
1. Participated directly in the criminal accomplice rather than that of a principal .
resolution; or
Q: What is the effect if he the person charged
as
2. Cooperated in the commission of
the crime by performing an act, an accomplice inflicts a mortal wound?
without which it would not have
been accomplished. A: He becomes a principal by direct participation.

Q: What does cooperation in the commission

of the offense mean?

A: To desire or wish a common thing. But that

common will or purpose does not necessarily
mean previous understanding, for it can be
explained or
inferred from the circumstances of each case.

Note: A principal by indispensable cooperation

may be a co‐conspirator under the doctrine of
implied conspiracy. He becomes a co‐conspirator
by indispensable cooperation, although the
common
design or purpose was not previously agreed
upon.

If the cooperation is not indispensable, the

offender is only an accomplice.

ACCOMPLICES
(Art. 18)

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
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BOOK 1: Persons Criminally Liable

Note: Where the accused misleads the

Q: Distinguish an accomplice from a principal by authorities by giving them false information,
indispensable cooperation? such act is equivalent to concealment and he
should be held as an accessory.
A:
PRINCIPAL BY 3. Harboring, concealing or assisting in the
ACCOMPLICE escape of the principal of the crime.
INDISPENSABLE
COOPERATION
Note: One cannot be an accessory unless he knew of
If the cooperation merely the commission of the crime.
If the crime could hardly
facilitated or hastened
be committed without
the consummation of the
such cooperation, then An accessory must not have participated in the
crime, this would make
such cooperation would commission of the crime.
the cooperator merely an
bring about a principal.
accomplice.
The accessory comes into the picture when the crime is
already consummated, not before the
Note: In determining whether the offender is a principal
consummation of the crime.
or accomplice, the basis is the importance of
the cooperation to the consummation of the crime.
Q: What if the offender has already involved
himself as a principal or accomplice?
Q: What are the distinctions between accomplice and
conspirator?
A: He cannot be an accessory any further even
A: though he performs acts pertaining to an accessory.
ACCOMPLICE CONSPIRATOR
Q: In what situations are accessories not criminally
In both, they agree with the criminal design
liable?
They come to know
about it after the They come to know the
A:
principals have reached criminal intention
the decision, and only because they themselves
1. When the felony committed is a light felony.
then do they agree to have decided upon such
cooperate in its course of action. 2. When the accessory is related to the
execution. principal as spouse, or as an ascendant, or
They are merely descendant or as brother or sister whether
instruments who perform legitimate, natural or adopted or where the
They are the authors of accessory is a relative by affinity within the
acts not essential to the
the crime. same degree, unless the accessory himself
perpetration of the
offense. profited from the effects or proceeds of the
crime or assisted the offender to profit
ACCESSORIES therefrom.
(Art. 19)
1. PROFITING OR ASSISTING THE OFFENDER TO
Q: Who are accessories? PROFIT BY THE EFFECTS OF THE CRIME

A: Those who do not participate in the criminal Illustration:

design, nor cooperate in the commission of the felony,
but with knowledge of the commission of the crime, If a person having participated as principal or accomplice
he subsequently takes part in three ways by: in robbery or theft but knowing that the property being
offered to him is the proceeds or subject matter of the
1. Profiting or assisting the offender to profit
said crime, bought or purchased or dealt in any manner
by the effects of the crime;
with which such property, obtaining benefit from said
transaction or helping the thief or robber to profit there
2. Concealing or destroying the body of the from.
crime to prevent its discovery;
Note: The accessory must receive the property from the
principal. He should not take it without the consent of
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 67
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 UST GOLDEN NOTES 2011

the principal. If he took it without the consent of the Requisites:

principal, he is not an accessory but a principal in the a. Accessory is a private person
crime of theft.
b. He harbors, conceals or assists in the
2. DESTROYING THE CORPUS DELICTI escape of the author of the crime

Q: What is a corpus delicti? c. The crime committed by the principal is

either:
A: The corpus delicti is the body of the crime, not
necessarily the corpse. i. Treason
ii. Parricide iii. Murder iv.
It is a compound fact made up of two things: Attempt against the life
of the
1. The proof of the occurrence of certain President
events v. That the principal is known to be
2. Some person’s criminal responsibility habitually guilty of some other
crime.
Thus, even if the corpse is not recovered, as long as
that killing is established beyond reasonable doubt, Q: Can an accessory be held criminally liable
criminal liability will arise and if there is someone who without the principal being found guilty?
destroys the corpus delicti to prevent discovery, he
becomes an accessory. (Inovero v. A:
Coronel, CA, 65 O.G. 3160) GR: The accessory cannot be held criminally
liable without the principal being found guilty of
3. HARBORING OR CONCEALING AN OFFENDER any such crime.

Q: Who may be guilty as an accessory by harboring, XPN: When the principal was not held liable
concealing or assisting in the escape of the principal because of an exempting circumstance under
of the crime? Art. 12.

A: Ratio: A person does not become criminally liable

1. Public officers by merely harboring or assisting in the escape of an
innocent man.
Requisites:
a. Accessory is a public officer Note: Correlate this Article with the provisions of the
Anti‐Fencing Law (P.D. 1612) and Obstruction of Justice
b. He harbors, conceals, or assists in (P.D. 1829). Both laws will be discussed under Special
Penal Laws.
the escape of the principal

ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY

c. He acts with abuse of his public
(Art. 20)
functions
Q: What is the criminal liability of an accessory?
d. The crime committed by the principal is
any crime, provided it is not a light
A:
felony.
GR: An accessory is exempt from criminal
liability, when the principal is his:
Note: In the case of a public officer, the crime
committed by the principal is immaterial. Such
1. Spouse
officer becomes an accessory by the mere fact that 2. Ascendant
he helped the principal escape by harboring, 3. Descendant
concealing, making use of his public function and 4. Legitimate, natural, or adopted
thus abusing the same. brother, sister or relative by affinity
within the same degree.
2. Private person

CRIMINAL LAW TEAM:

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ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 1: Persons Criminally Liable

XPN: Not so exempt even if the principal is related 3. Harboring or concealing, or facilitating the
to him, if such accessory: escape of, any person he knows, or has
1. Profited by the effects of the crime; or reasonable ground to believe or suspect, has
2. Assisted the offender to profit from the committed any offense under existing penal
effects of the crime. laws in order to prevent his arrest,
prosecution and conviction
Ratio: Such acts are prompted not by affection but
by greed. 4. Publicly using a fictitious name for the
purpose of concealing a crime, evading
Note: The exemption provided for in this article is prosecution or the execution of a judgment,
based on the ties of blood and the preservation of or concealing his true name and other
one’s name, which compels on to conceal the crimes personal circumstances for the
committed by relatives so near as those mentioned in same purpose or purposes
this article.
5. Delaying the prosecution of criminal cases by
Nephew and niece are not included.
obstructing the service of process or court
orders or disturbing proceedings in the
Public officer contemplated under par.3 of Art. 19 is
fiscal's offices, in Tanodbayan, or in the
exempt by reason of relationship to the principal, even if
courts
such public officer acted with abuse of his public
functions.

The benefits of the exception in Art. 20 do not apply to

P.D. 1829 (Obstruction of Justice).

A. Decree Penalizing Obstruction of Apprehension

and Prosecution of Criminal Offenders
(P.D. 1829)

1. Punishable acts

Q: What are the acts punished under P.D. 1829?

A: Any person, who knowingly or willfully obstructs,

impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of
criminal cases by committing any of the following acts:

1. Preventing witnesses from testifying in any

criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation,
force or threats

2. Altering, destroying, suppressing or

concealing any paper, record, document, or
object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any investigation
of or official proceedings in, criminal cases,
or to be used in the investigation of, or
official proceedings in, criminal cases

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 69
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 UST GOLDEN NOTES 2011

6. Making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal
cases

7. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting,
or impeding the prosecution of a criminal offender

8. Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases

9. Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to
mislead the investigator or the court. (Sec. 1)

Note: Article 20, RPC is applicable with PD 1829 because it is beneficial to the accused. It is to be interpreted in
favor of the accused because in an absolutory cause, the offender is not criminally liable by reason of public policy.
Because the reason is public policy, it should apply to both the RPC and special laws.

2. Compare with Article 20, RPC (accessories

exempt from criminal liability)

CRIMINAL LAW TEAM:

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ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
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BOOK 1: Persons Criminally Liable

CRIMINAL LAW TEAM:

ADVISER: JUDGE RICO SEBASTIAN

V. PENALTIES 6. Equal to all.

7. Correctional.
A. GENERAL PRINCIPLES
(Arts. 21‐24) Q: What are the penalties that may be imposed?

Q: What are penalties? A: A felony shall be punishable only by the penalty

prescribed by law at the time of its commission.
A: Penalties are the punishment imposed by lawful
authority upon a person who commits a deliberate It is a guaranty to the citizen of this country that
or negligent act which is against the law. no act of his will be considered criminal until the
government has made it so by law and has
Q: What are the judicial conditions of penalty? provided
a penalty
A:
1. Productive of suffering, without however Ratio: A law cannot be rationally obeyed unless it is
affecting the integrity of human personality. first shown and a man cannot be expected to obey an
2. Commensurate with the offense. order that has not been given.
3. Personal – no one should be
punished with the crime of another. Q: What are the classes of injuries caused by a
4. Legal – it is a consequence of a judgment crime?
according to law.
5. Certain – no one may escape its effects. A:

Offended party cannot

SOCIAL INJURY PERSONAL INJURY Q:
pardon the offender so It can be waived by the
Caused to the victim of What as to relieve him of the
Produced by the offended party.
the crime who suffered are penalty.
disturbance and alarm
ACADEMICS damage either to his UNIVERSITY OF SANTO TOMAS
which are Cthe : LESTER JAY Aof
HAIRoutcome LAN E. FLORES II
person, property, honor
the offense.

71
or chastity.
V
Repaired though
ICE CHAIRS FOR the
ACADEMICS : KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Repaired through
imposition of the
indemnity.
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
corresponding penalty.
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
The State has an interest The State has no reason
in this class or injury. to insist in its payment.
 UST GOLDEN NOTES 2011

the measures of prevention that are not considered as and while thus detained he commits a crime
penalty? therein, he cannot be considered a quasi‐
recidivist since his detention was only a
A: preventive measure, whereas a quasirecidivism
1. The arrest and temporary detention of accused presupposes the commission of a crime during
the service of the penalty for a previous crime.
persons (preventive imprisonment) as well as their
detention by reason of insanity or imbecility or illness
requiring their confinement in a 4. Commitment of a minor is not a penalty
because it is not imposed by the court in a
hospital.
judgment. The imposition of the sentence in
such a case is suspended.
2. The commitment of a minor to a reformatory
institution.
B. PURPOSES

3. Suspension from the employment or public office Q: What are the purposes for the imposition of
during the trial or in order to institute proceedings. penalty under the RPC?

4. Fines and other corrective measures which, in the A:

exercise of their administrative disciplinary powers, 1. Retribution or expiation – penalty is
superior officials may impose upon their subordinates. commensurate with the gravity of the
offense.
5. Deprivation of rights and reparations which the civil 2. Correction or reformation – as shown by
law may establish in penal form. (Art. 24) E.g. Parents the rules which regulate the execution of the
who are deprived of their parental authority if found penalties consisting in deprivation of liberty.
guilty of the crime of corruption of their minor 3. Social defense – shown by its inflexible
children, in accordance with severity to recidivists and habitual
Art. 342 of the Civil Code. delinquents.

Q: Why are the measures above‐mentioned not C. CLASSIFICATION OF PENALTIES

considered as penalties? (ARTS. 25‐26)

A: Q: What are the general classifications of penalties?

1. They are not imposed as a result of judicial
proceedings. Those mentioned in par. 1, 3 and 4 are A:
merely preventive 1. Principal penalties – those expressly
measures before conviction of offenders. imposed by the court in the judgment of
conviction.
2. The offender is not subjected to or made to suffer 2. Accessory penalties – those that are deemed
these measures in expiation of included in the imposition of the
or as punishment for a crime. principal penalties.

Note: Q: What are the principal penalties, according to

1. Par. 1 refers to accused persons who are detained “by their divisibility?
reason of insanity or imbecility. It does not refer to the
confinement of an insane or imbecile who
A:
has not been arrested for a crime.
1. Indivisible penalties – those which have no
fixed duration, e.g. death and reclusion
2. Pars. 3 and 4 refer to administrative
perpetua
suspension and administrative fines and not to
suspension or fine as penalties for violations of the
RPC. Fines in par. 4 do not constitute as 2. Divisible penalties – those that have fixed
penalties because they are not imposed by the duration and are divisible into three periods.
court. e.g. reclusion temporal down to arresto
menor.
3. Where a minor offender was committed to a
reformatory pursuant to Art. 80 (now P.D. 603), Q: What are the penalties, according to their

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 1: Persons Criminally Liable

gravity? attain finality (2005 Bar Question).

A:
1. Capital D. DURATION AND EFFECT OF PENALTIES
2. Afflictive (Arts. 27 – 45)
3. Correctional
4. Light. Q: What is the duration of penalties?

Q: How are fines imposed? A:

A: Fines may be imposed as an alternative or single penalty.

Q: What are fines according to their gravity?

A:
1. Afflictive – over P6,000
2. Correctional – P200 to P6,000
3. Light – less than P200

Q: E and M are convicted of a penal law that imposes a penalty

of fine or imprisonment or both fine and imprisonment. The
judge sentenced them to pay the fine, jointly and severally,
with
subsidiary imprisonment in case of insolvency.

1. Is the penalty proper? Explain. Q: What are the rules on computation of

2. May the judge impose an alternative penalty of fine penalties?
or imprisonment?
Explain. A:
1. Offender is in prison – duration of the
A: temporary penalties is from the day on
which the judgment of conviction becomes
1. Imposing the penalty of fine jointly and severally on
final
the two convicted accused is not proper. The penalty
should be imposed individually on every person 2. Offender not in prison – duration of penalty
accused of the crime. Any of the convicted accused consisting in the deprivation of liberty is
who is insolvent and unable to pay the fine, shall from the day that the offender is placed at
serve the the enforcement of the penalty
subsidiary imprisonment. 3. Other penalties – duration is from the day on
which the offender commences
to serve his sentence
2. The judge may not validly impose an alternative
penalty. Although the law may prescribe an
Q: What are the distinctions between the penalty
alternative penalty for a crime, It does not mean that
the court may impose the alternative penalties at the of reclusion perpetua and life imprisonment?
same time. The sentence must be definite, otherwise,
the judgment cannot A:
PENALTY DURATION
20 years and 1 day to 40
Reclusion perpetua
years
12 years and 1 day to 20
Reclusion temporal
years
Prision mayor and
6 years and 1 day to 12
Temporary
years
disqualification
Prision correcional
ACADEMICS CHAIR: LESTER JAY ALAN E.6FLORES
months
II and 1 day to 6 UNIVERSITY OF SANTO TOMAS
Suspension
RECLUSION and
PERPETUA LIFE IMPRISONMENT
years
PertainsDestierro
73
to the penalty Pertains to the penalty
V
imposed for violation
ICE CHAIRS ACADEMICS: KAREN imposed
J1OYmonth for
and&violation
J1OHN
day to of
C.6MENDOZA
ArrestoFORmayor G. SABUGO HENRY
of the RPC special laws
months
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
It has
Arresto
fixed menor
duration It has
1 day
no fixed
to 1 month
duration
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
It carries with it It Discretionary
does not carryon
with
theit
Bond to keep the peace
accessory penalties accessory
Court
penalty
 UST GOLDEN NOTES 2011

Note: Although reclusion perpetua has been given a fixed duration, A: Destierro is a principal penalty. It is a punishment
it has remained to be an indivisible penalty. Indivisible penalties whereby a convict is banished to a certain place and is
have no durations. prohibited from entering or coming near that place
designated in the sentence, not less than 25
Q: When is death penalty imposed? kilometers but not to
extend beyond 250 kilometers
A: Death penalty is imposed in the following crimes:
1. Treason Note: If the convict should enter the prohibited places,
2. Piracy he commits the crime of evasion of service of sentence
3. Qualified Piracy under Article 157.
4. Qualified Bribery
5. Parricide Q: In what crimes is the penalty of destierro
6. Murder imposed?
7. Infanticide
8. Kidnapping A:
9. Robbery with Homicide 1. In the crime of grave threat or light threat,
10. Destructive Arson when the offender is required to put up a
11. Rape with Homicide bond for good behavior but failed or
12. Plunder refused to do so under Article 284, such
13. Certain violations of the Dangerous Drugs Act convict shall be sentenced to destierro so
14. Carnapping that he would not be able to carry out his
threat
Q: Is death penalty already abolished? 2. In the crime of concubinage, the penalty
prescribed for the concubine is destierro
A: No. There is still death penalty. What is prohibited under under Article 334
R.A. 9346 is only the imposition of the penalty of death.
3. Where the penalty prescribed is arresto
Note: However, the corresponding civil liability should be the civil Mayor, but the offender is entitled to
liability corresponding to death. (People vs. Salome, G.R. No. privileged mitigating circumstance and
169077, Aug. 31, 2006) lowering the prescribed penalty by one
degree, the penalty one degree lower is
In lieu of the death penalty, the following shall be imposed: destierro. Thus, it shall be the one imposed
1. The penalty of reclusion perpetua, when the law violated
makes use of the nomenclature of the penalties of the Q: What penalties are considered both principal and
RPC; or accessory penalties?
2. The penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the penalties A:
of the RPC. 1. Perpetual or temporary
(Sec.2, R.A. 9346) absolute disqualification

Q: When is death penalty not imposable? 2. Perpetual or temporary

special
A: Disqualification
1. Under age – offender is below 18 years of age at the
time of the commission of the crime
3. Accessory penalties
2. Over age – offender is more than 70 years old
3. No court majority – when upon appeal or automatic Note: Accessory penalties need not be stated in the
review of the case by the Supreme Court, the vote of sentence. The accessory penalties follow the principal
eight members is not obtained for the penalty imposed for the crime as a matter of course;
imposition of death penalty they are automatically imposed even though they are
not stated in the judgment
Note: Automatic review is available only in cases where death
penalty is imposed. (R.A. 7659) Q: What is civil interdiction?

Q: What is the nature of destierro?

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 1: Persons Criminally Liable

A: Civil interdiction is an accessory penalty. Civil Interdiction

shall deprive the offender during the time of his sentence: 3. Perpetual or temporary special
1. The rights of parental authority, or guardianship disqualification for the right of suffrage:
either as to the person or property of any ward;
2. Marital authority;
3. The right to manage his property; and
4. The right to dispose of such property by any act or any
conveyance inter vivos.

Q: What principal penalties is civil interdiction an

accessory penalty?

A: It is an accessory penalty in:

1. Death penalty if it is commuted to life imprisonment;
2. Reclusion perpetua;
3. Reclusion temporal.

Q: What are the effects of penalties?

A:
1. Perpetual or temporary absolute disqualification from
public office:
a. Deprivation of public offices and
employment, even if by election;

b. Deprivation of the right to vote or

to be elected;

Note: A plebiscite is not mentioned or

contemplated in Art. 30, par 2 (deprivation of the
right to vote), hence, the offender may vote in that
exercise, subject to the provisions of pertinent
election laws at the time

c. Disqualification for the offices or public

employments and for the
exercise of any rights mentioned;

d. Loss of right to retirement pay or pension for any

office formerly held.

Note: Perpetual absolute disqualification lasts

during the lifetime of the convict

Temporary absolute disqualification lasts during the term of

the sentence, and is removed after the service of the same

2. Perpetual or temporary special disqualification from

public office, profession or calling:
a. Deprivation of the office, employment,
profession or calling affected;
b. Disqualification for holding similar offices or
employments perpetually
during the term of the sentence.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 75
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

a. Deprivation of the right to vote or to

be elected to any public office; Under Sec. 23, RA 9262, the Court may order any
b. Cannot hold any public office during person against whom a protection order is issued to
the period of the disqualification. give a bond to keep the peace, to present two
sufficient sureties who shall undertake that such
Note: The purpose of which is to preserve person will not commit the violence sought to be
the purity of elections; one rendered prevented.
infamous by conviction of felony or other
base offenses indicative of moral turpitude Q: What are the distinctions between bond to
is unfit to exercise such rights keep peace and bond for good behavior?

4. Suspension from public office, profession

or calling or the right of suffrage: A:
a. Disqualification from holding such BOND TO KEEP THE BOND FOR GOOD
office or exercising such profession PEACE BEHAVIOR
or calling or right of suffrage during Failure to post a bond to
the term of the sentence; keep the peace results to The legal effect of
b. If suspended from public office, he imprisonment either for 6 failure to post a bond
cannot hold another office having months or 30 days, for good behavior is
similar functions during the period depending on whether the not imprisonment but
of suspension. felony committed is grave destierro under Article
or less grave on one hand, 284
or it is light only
5. Civil interdiction
a. Deprivation of the rights of parental
PENALTIES IN WHICH OTHER ACCESSORY
authority or guardianship of any
PENALTIES ARE INHERENT
ward
(Arts. 40 – 44)
b. Deprivation of marital authority
c. Deprivation of the right to manage
his property and of the right to Q: What are the inherent accessory penalties of
dispose of such property by any act principal penalties?
or any conveyance inter vivos
A:
6. Bond to keep peace 1. Death, when not executed by reason of
commutation or pardon
a. Offender must present
two sufficient sureties a. Perpetual absolute disqualification,
who shall undertake that and
the offender will not commit the b. Civil interdiction during 30 years, if
offense sought to be prevented and not expressly remitted in the
in case such offense be committed, pardon
they will pay the amount
determined by the 2. Reclusion perpetua and
court; or reclusion temporal
b. Offender must deposit such amount a. Civil interdiction for life or during
with the clerk of court to guarantee the sentence
said undertaking; or b. Perpetual absolute disqualification
c. Offender may be detained if he unless expressly remitted in the
cannot give the bond, for a period: pardon of the principal penalty
i. Not to exceed 6 months – for
grave or less grave felony; or 3. Prision mayor
ii. Not to exceed 30 days – for a a. Temporary absolute disqualification
light felony. b. Perpetual special disqualification
from suffrage, unless expressly
Note: Bond to keep peace is different from bail bond remitted in the pardon of the
which is posted for the provisional release of a principal penalty
person arrested for or accused of a crime.
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Penalties

Q: When will he be credited only with four‐fifths

4. Prision correcional the time during which he has undergone
a. Suspension from public office, preventive imprisonment?
profession or calling, and
b. Perpetual special disqualification A: If the detention prisoner does not agree to abide
from suffrage, if the duration of by the same disciplinary rules imposed upon
imprisonment exceeds 18 months, convicted prisoners
unless expressly remitted in
pardon of the principal penalty EFFECTS OF PARDON
(Art. 36)
5. Arresto mayor – suspension of the right
to hold office and the right of suffrage Q: What is the effect of pardon by the President
during the term of the sentence on the political rights of the accused?

Note: The RPC does not provide for any accessory A:

penalty for destierro. GR: Executive pardon does not restore the right
to hold public office or the right to
PREVENTIVE IMPRISONMENT suffrage
(Art. 39)
XPN: When such rights are expressly restored
Q: What is preventive imprisonment?
Q: What are the limitations of the pardoning
A: Period of detention undergone by an accused power of the President?
where the crime with which he is charged is
nonbailable or, even if bailable, he is unable to A:
post 1. Executive pardon can only be exercised
the requisite bail after conviction by final judgment
2. Executive pardon does not extend to
Q: When will preventive imprisonment apply? cases of impeachment

A: It will apply to all sentences regardless of the Q: What is the effect of the grant of pardon on
duration thereof, including the so‐called perpetual the principal and accessory penalties imposed?
penalties as long as they involve deprivation of
liberty. It will also apply to destierro. A:
GR: Pardon granted in general terms
Q: When is the detention prisoner entitled to the extinguishes only the principal penalty and
full‐credit of his preventive imprisonment? does not include the accessory penalty

A: If the detention prisoner agrees voluntarily in XPN:

writing to abide by the same disciplinary rules 1. When absolute pardon is granted after the
imposed upon convicted prisoners. term of imprisonment has expired, it
removes all that is left of the consequences
In the case of youthful offender who has been of the
proceeded against under the Child and Youth conviction
Welfare Code, he shall be credited in the service of
his sentence with the full time of his actual 2. If pardon expressly provides, accessory
detention, whether or not he agreed to abide by penalty is extinguished.
the same disciplinary rules of the institution.

the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 77
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What are the distinctions between executive 1. In case of conviction – chargeable to the
pardon and pardon by the offended party? accused
2. In case of acquittal – costs are de officio,
A: each party bearing his own expenses

PARDON BY THE Note: Payment of costs is discretionary to the courts

EXECUTIVE PARDON
OFFENDED PARTY

Covers any crime,

unless otherwise Q: When is subsidiary penalty imposed?
Crimes against chastity
provided by the
under the RPC
Constitution or the A:
laws 1. When there is a principal penalty of
Extinguishes criminal Does not extinguish imprisonment or any other principal
liability criminal liability penalty and it carries with it a fine; or
Executive pardon does Civil liability can be 2. When penalty is only a fine.
not include civil liability waived
Granted only after Should be given before Note: A subsidiary penalty is not an accessory
conviction by final the institution of the penalty.
judgment criminal action
It must be expressly stated in the sentence and
COSTS convict must have been insolvent to pay the fine
(Art. 37) and not mere refusal to pay it.

Q: What is cost or cost of suit? The sentence will merely provide that in case of
non‐payment of the fine, the convict shall be
A: It is the expenses of litigation allowed by the required to save subsidiary penalty
Rules of Court to be assessed against or to be
recovered by a party in litigation. There shall be no subsidiary penalty for the
nonpayment of damages to the offended party
Q: What do costs include?
Q: When is subsidiary
imprisonment not imposed?
A: A:
1. Fees 1. When penalty imposed is higher than
2. Indemnities, in the course of judicial prision correctional.
proceedings 2. When the penalty imposed is fine and a
penalty not to be executed by
Q: To whom are costs chargeable? confinement in a penal institution and
which has no fixed period.
A: 3. For failure to pay the reparation of the
damaged caused, indemnification of the
consequential damages, and costs of the
PECUNIARY LIABILITIES proceedings.
(Art. 38)
CONFISCATION AND FORFEITURES OF
Q: What do pecuniary liabilities include? THE PROCEEDS OR INSTRUMENTS OF
THE CRIME (Art. 45)
A: In the following order:
1. Reparation of the damage caused Q: What are the rules on confiscation and
2. Indemnification of the consequential forfeiture of the proceeds of the crime?
damages
3. Fine A:
4. Costs of proceedings 1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime
CRIMINAL LAW TEAM:
Note: The order of payment applies in case the
1. property of the offender ADVISER: Jis not sufficient

1
UDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACEliabilities.
for the payment of his pecuniary CAMAYO, DELFIN FABRIGAS, JR., SPINEL
2. The AorderLBERT Dof payment
ECLARO is mandatory.
, ERIK GALLARDO , KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
SUBSIDIARY PENALTY
8
BOOK 1: Penalties

and the instruments or tools used in the 2. Reclusion Perpetua

commission of the crime. 3. Reclusion Temporal 4. Prision
2. Confiscation and forfeiture are in favor of mayor
the government 5. Prision Correccional
3. Property of a 3rd person not liable for the 6. Arresto Mayor 7. Destierro
offense is not subject to confiscation and 8. Arresto Menor
forfeiture 9. Public censure
4. Property not subject of lawful commerce 10. Fine
(whether it belongs to the accused or 3rd
person) shall be destroyed Scale 2
1. Perpetual or Temporary
Note: Confiscation and forfeiture are additional Absolute
penalties. Hence, once the sentence has become final, Disqualification
the court can no longer modify, alter, or change it by
2. Perpetual or Temporary
ordering confiscation and forfeiture.
Special
Disqualification
Q: What are the cases when confiscation and
3. Suspension from public office, the right
forfeiture cannot be effected? to vote and to be voted for, the
profession or calling
A: 4. Public Censure
1. The instruments belong to an innocent 5. Fine
third party.
2. Such properties have not been placed Q: How is graduation of penalties done?
under the jurisdiction of the court.
3. When it is legally or
A: Graduation of penalties may be by:
physically impossible.
1. By Degrees:
E. APPLICATION OF PENALTIES
a. Stages of execution (consummated,
(Arts. 44‐77)
frustrated, or attempted); and
b. Degree of criminal participation of
Q: How are penalties applied?
the offender (principal, accomplice
or accessory).
A:
GR: Penalty prescribed by law in general terms
2. By Periods (maximum, medium, and
shall be imposed upon the principals for
minimum)
consummated felony
Q: What is the computation of penalties for
XPN: When the law fixes the penalty for
principals, accomplices and accessories?
frustrated or attempted felony
A:
Q: When is the graduated scale followed?

A: The graduated scale is followed when the law

prescribes a penalty lower or higher by one or
more
degrees than another given penalty.

Scale 1
1. Death

the

CONSUMMATED FRUSTRATED ATTEMPTED

Principal
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS
0 1 2

V
1
Accomplice
ICE CHAIRS FOR ACADEMICS: KAREN JOY G.

2
SABUGO & JOHN HENRY C. MENDOZA
3
79
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT ANDAccessory
DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

2 3 4
 UST GOLDEN NOTES 2011

Interpretation:
XPN: Privileged mitigating circumstances of
0 – represents the penalty prescribed by law, Arts. 68 (person under 18 years old) and 69
which is to be imposed on the principal (incomplete justifying or exempting
in a consummated offense. circumstance)

1 – represents that penalty prescribed by law Q: What are the rules in the application of
must be lowered by one degree to meet the divisible penalties?
different situations and so on with numbers
2, 3, 4… A: Applies only when the penalty has three periods
1. No aggravating and no mitigating –
Note: The rules in the diagram shall not apply to cases medium period
were the law prescribed the penalty for a frustrated
or attempted felony, or to be imposed upon 2. Only a mitigating – minimum
accomplices or accessories.
3. Only an aggravating – maximum
Q: What factors are considered in determining the
extent of the penalty to be imposed under 4. When there are aggravating and
RPC? mitigating – court shall offset those of
one class against the other according to
A: their relative weight
1. Stage reached.
2. Participations of the persons liable. 5. Two or more mitigating and no
3. Aggravating or mitigating circumstances aggravating – penalty next lower, in the
attendant. period applicable, according to the
number and nature of such
Q: What are the rules in application of indivisible circumstances
penalties?
6. Two or more aggravating – Limitation:
A: No penalty greater than the maximum
1. Single indivisible – it shall be applied period of the penalty prescribed by law
regardless of any mitigating or shall shall be imposed
aggravating circumstances
7. Court can determine the extent of the
2. Composed of two indivisible penalties penalty within the limits of each period,
a. Only one aggravating circumstance according to the number and nature of
– greater penalty shall be imposed the aggravating and mitigating
b. No mitigating and no aggravating circumstances and the greater or lesser
circumstances – lesser penalty shall the extent of the evil produced by the
be imposed crime
c. Mitigating circumstance and no
aggravating – lesser penalty shall be Note: In applying the rules for graduating penalties,
imposed mitigating and aggravating circumstances are
d. Both mitigating and aggravating disregarded. Mitigating and/or aggravating
circumstances are present – court circumstances should be considered only after the
shall offset each other penalty next lower in degree is already determined.

Note: Moral value, not numerical weight, should Q: What are the cases where mitigating and
prevail aggravating circumstances are not considered in
the imposition of the penalty?
GR: When penalty is composed of two
indivisible penalties, the penalty cannot be A:
lowered by one degree, no matter how 1. When penalty is single and indivisible
many mitigating circumstances are present 2. On felonies through negligence
CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Penalties

3. The penalty to be imposed upon a Moro 5. Suspension

or other non‐Christian inhabitants. It lies 6. Destierro
in the discretion of the court 7. Fine and bond to keep the peace
4. When penalty is only fine imposed by an 8. Civil interdiction
ordinance 9. Confiscation and payment of cost
5. When penalties are prescribed by special
laws Note: The above penalties, except destierro,
maybe
Q: What is the rule when the penalty is not served simultaneously with imprisonment.
composed of three periods?
ADDITIONAL PENALTIES TO BE IMPOSED UPON
A: Divide time included in the penalty into three CERTAIN ACCESSORIES
equal portions and one portion will correspond to (Art. 58)
one period.
Q: What are the additional penalties that could
Note: Penalties consisting in deprivation of liberty be imposed to certain accessories?
cannot be served simultaneously.
A: Public officers who help the author of the
Q: What is the three‐fold rule? crime by misusing their office and duties shall
suffer additional penalties of:
A: The three‐fold rule provides that the maximum
duration of convict’s sentence shall not be more 1. Absolute perpetual disqualification‐ if the
than 3 times the length of the most severe of the principal offender is guilty of a grave
penalties imposed upon him but in no case to felony;
exceed 40 years.
2. Absolute temporary disqualification‐ if
The three‐fold rule applies only when the convict the principal offender is guilty of less
has to serve at least 4 sentences successively. grave felony.

Subsidiary penalty forms part of the penalty. Q: What are the rules under Art. 49?

Subsidiary imprisonment: This shall be excluded in A:

computing for the maximum duration. 1. If penalty for felony committed is higher
than that intended – Lower penalty in its
It applies although penalties were imposed for maximum period shall be imposed
different crimes at different times and under
separate information. 2. If penalty for felony committed is lower
than that intended – Lower penalty in its
Note: The three‐fold rule must be addressed to the
maximum period shall be imposed
warden and not to the judge.

3. If the act committed also constitutes an

Q: What are the penalties that may be served
attempt or frustration of another crime
simultaneously?
and the law prescribes a higher penalty
for whether of the latter – Penalty for the
A:
attempted or frustrated crime in its
1. Perpetual absolute disqualification
maximum period shall be imposed.
2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification

the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 81
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: Art. 49 applies in error in personae or when A: In imposing a prison sentence for an offense
there is mistake in the identity of the victim of the punished by the RPC or special penal laws, the
crime. court shall sentence the accused to an
indeterminate sentence, which has a maximum
The penalty fro the intended crime and the actual and a minimum term based on the penalty actually
crime committed are compared and the lower imposed.
penalty is imposed in the maximum period.
RPC SPL
PENALTY FOR IMPOSSIBLE CRIME Maximum
(Art. 59) That which could be Anywhere within the
properly imposed under the range of penalty
Q: What is the penalty to be imposed in case of RPC, considering the prescribed by the
failure to commit a crime because the means aggravating and mitigating special law, as long as
employed or the aims sought are impossible? circumstances it will not exceed the
limit of the penalty.
A: The penalty for impossible crime is arresto Minimum
mayor or fine ranging from P200‐P500.
Within the range of penalty Anywhere within the
one degree lower than that range of penalty
Q: What is the basis for the imposition of penalty prescribed by the RPC for prescribed by the
for impossible crime? the felony committed, special law, as long as
without considering the it will not be less than
A: aggravating and mitigating
the minimum limit of
1. The social danger it could cause circumstances.
the penalty under said
2. Degree of criminality shown by the law.
offender.
Note: The minimum and the maximum referred to in
1. Indeterminate Sentence Law the indeterminate sentence law are not periods.
(R.A. 4103, as amended)
The term minimum refers to the duration of the
Q: What is an indeterminate sentence? sentence which the convict shall serve as a minimum
to be eligible for parole.
A: It is a sentence with a minimum term and a
maximum term which the court is mandated to The term maximum refers to the maximum limit of
impose for the benefit of a guilty person who is not the
disqualified therefore, when duration that the convict may be held in jail.
the maximum imprisonment exceeds 1 year.
For special laws, it is anything within the inclusive
Q: What is the purpose of the indeterminate range of prescribed penalty. Courts are given
sentence law?

A: The purpose of the indeterminate sentence law

is to avoid prolonged imprisonment because it is
proven to be more destructive than constructive to
offenders.

Q: When does indeterminate sentence apply?

A: Indeterminate sentence applies mandatorily to

violations of both the RPC and special laws where
imprisonment would exceed one year, and where
the penalty is divisible. (Sec.1)

Q: How is the indeterminate sentence imposed?

CRIMINAL LAW TEAM:

1
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 1: Penalties

discretion in the imposition of the indeterminate 2. Appear to the board of indeterminate

penalty. sentence, from the reports of the
prisoner’s work and conduct, and from
Q: Who are disqualified from availing the benefits the study and investigation made by the
of the indeterminate sentence law? board itself that:
a. Fitted by his training for release;
A: The indeterminate sentence law shall not apply b. Reasonable probability that such
to persons: prisoner will live and remain at
1. Convicted of: liberty without violating the law;
a. An offense punishable with death c. Release will not be incompatible
penalty, reclusion perpetua or life with the welfare of society.
imprisonment
b. Treason, conspiracy or proposal to Q: When is a prisoner on parole entitled to final
commit treason release and discharge?
c. Misprision of treason,
rebellion, A: If during the period of surveillance such paroled
sedition, espionage prisoner shall:
d. Piracy 1. Show himself to be a law abiding citizen
2. Who are habitual delinquents and;
3. Who shall have escaped from 2. Not violate any law,
confinement or evaded sentence
4. Granted conditional pardon by the Chief The Board may issue a final certification in his favor,
Executive and shall have violated the for his final release and discharge. (Sec. 6)
term (condition) thereto
5. Whose maximum term of imprisonment Q: What are the sanctions for the violation of the
does not exceed one year conditions of parole?
6. Sentenced to the penalty of destierro or
suspension only; Any person convicted of A: When the paroled prisoner shall violate any of
a crime but the penalty imposed upon the conditions of his parole, he may be:
him does not involve imprisonment 1. Rearrested; and
7. Who are already serving final judgment 2. Thereafter, he shall serve the remaining
upon the approval of the Indeterminate unexpired portion of the maximum
Sentence Law. (Sec. 2) sentence for which he was originally
committed to prison.
Note: Recidivists are entitled to an indeterminate
sentence. Q: The penalty provided by law is 6 months to 3
years. Decide if the following penalties are
Although the penalty prescribed for the felony correct:
committed is death or reclusion perpetua, if after 1. 2 years;
considering the attendant circumstances, the
2. 1 year;
imposable penalty is reclusion temporal or less, the
3. 10 months;
Indeterminate Sentence Law applies.
4. 6 months to 10 months;
5. 6 months to 2 years.
An offender is not disqualified to avail of the benefits
of the indeterminate sentence law even if the crime is
committed while he is on parole. A:
1. Incorrect, a straight penalty cannot be
Q: When is a prisoner qualified for release on imposed under the ISLAW.
parole? 2. Correct, because if the range of the
penalty is one year or less, you can
A: Whenever any prisoner shall: impose a straight penalty of one year.
1. Have served the minimum penalty Here ISLAW is not applicable.
imposed upon him 3. Correct, same as (b).
4. Incorrect, if the maximum penalty is one
year or less, then it is not covered by

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 83
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

ISLAW. Hence, there is no need to 1. The penalty of reclusion perpetua, when

provide for maximum and minimum the law violated makes use of the
periods in imposing a penalty. nomenclature of the penalties of the RPC;
5. Correct, if the maximum period of the or
penalty imposed is more than one year,
the ISLAW applies. 2. The penalty of life imprisonment, when
the law violated does not make use of the
F. EXECUTION AND SERVICE OF PENALTIES nomenclature of the penalties of the RPC.
(Arts. 78‐88) (Sec.2, R.A. 9346)

Q: What are the rules in case of insanity? Note: However, the corresponding civil liability should
be the civil liability corresponding to death. (People vs.
A: Salome, G.R. No. 169077, Aug. 31, 2006)
1. When a convict becomes insane or
imbecile after final sentence has been Q: When is the execution of death penalty
pronounced, the execution of such suspended?
sentence is suspended only as regards
the personal penalty. A:
1. When the convict is a woman who is
2. If he recovers his reason, his sentence pregnant or within 1 year after delivery.
shall be executed unless the penalty has (Art. 83)
prescribed.
2. When a convict shall become insane or
3. Even if while serving his sentence, the an imbecile after final sentence has been
convict becomes insane or imbecile, the pronounced. (Art. 79)
above provisions shall be observed.
Q: When is death penalty imposed but not carried
4. But the payment of his civil or pecuniary out?
liabilities shall not be suspended.
A:
Q: When is death penalty not imposed? 1. In case of commutation of sentence.

A: 2. If convict attains the age of 70 yrs. Old in

1. When the convict is below 18 yrs old at which case the penalty will be
the time of the commission of the crime. automatically lowered to reclusion
perpetua.
2. When the convict is over 70 yrs old at the
time of the commission of the crime. Note: Only a penalty by final judgment can be
executed. A judgment is final if the accused has not
3. When upon appeal or automatic review appealed within 15 days or he has expressly waived in
of the case by the Supreme Court, the writing that he will not appeal.
required majority vote is not obtained for
imposition of the death penalty, in which Q: In what cases is destierro imposed?
cases the penalty shall be reclusion
perpetua. (Art. 47) A:
1. Death or serious physical injuries is
Q: Is the death penalty already been abolished? caused or are inflicted under exceptional
circumstances. (Art. 247)
A: No. What is prohibited under R.A. 9346 is only
the imposition of the penalty of death. 2. Failure to give bond for good behavior in
grave and light threats. (Art. 284)
In lieu of the death penalty, the following shall be
imposed: 3. Penalty for the concubine in concubinage
(Art. 334)

CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 1: Penalties

4. When, after reducing the penalty by one

or more degrees, destierro is the proper 3. To prevent the commission of offenses
penalty. 4. To decongest our jails
5. To save the government much needed
Q: How is destierro executed? finance for maintaining convicts in jail.

A: Q: When may probation be availed of?

1. Convict shall not be permitted to enter
the place designated in the sentence nor A: Probation may be availed of before the convict
within the radius specified, which shall begins serving sentence by final judgment
not be more than 250 and not less than provided that he/she did not appeal his/her
25 km from the place designated. conviction anymore.

2. If the convict enters the prohibited area, Note: The application for probation must be done
he commits evasion of sentence. within 15 days from the promulgation of judgment.

Q: Where is the place of service of arresto menor? Q: If a person already perfected an appeal, can he
still avail of probation?
A:
1. In the municipal jail; A:
GR: No. Even if a person may be eligible for
2. In the house of the offender, but under probation, the moment he perfects an appeal
the surveillance of an officer of the law from the judgment of conviction, he cannot avail
whenever the court provides in the of probation anymore. The benefit of probation
decision due to the health of the must be invoked at the earliest instance after
offender. But the reason is not conviction.(Francisco v. CA, G.R. No. 108747 April
satisfactory just because the offender is 6,
a respectable member of the 1995)
community.
(Art. 88) XPN: The court may, after it shall have convicted
and sentenced a child in conflict with the law, and
1. Probation Law (P.D. 968, as amended) upon application at any time, place the child on
probation in lieu of service of his/her sentence
Q: What is probation? taking into account the best interest of the child.
For this purpose, Section 4 of PD 968, otherwise
A: It is a disposition under which a defendant, known as the "Probation Law of 1976", is hereby
after conviction and sentence, is released subject amended accordingly. (Sec. 42, RA 9344)
to conditions imposed by the court and to the
supervision of a probation officer. (Sec. 3 [a]) Q: What is the effect of the filing for application
for probation?
Note: Probation is only a privilege and its grant rests
solely upon the discretion of the court. A: A judgment of conviction becomes final when
the accused files a petition for probation. However,
Q: What are the purposes of probation? the judgment is not executory until the petition for
probation is resolved. The filing of the petition for
A: probation is a waiver by the accused of his right to
1. To promote the correction and appeal the judgment of conviction.
rehabilitation of an offender by providing
him with individualized treatment Ratio: When one applies for probation, he admits the
correctness of the court’s decision. On the other hand,
if he appeals, he is not satisfied with the court’s
2. To provide an opportunity for the
decision, thus he wants the appellate court to reverse
reformation of a penitent offender which or modify the decision of the lower court.
might be less probable if he were to serve
a prison sentence
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 85
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What is the effect of probation on the civil

liability of the offender? Q: May a recidivist be given the benefit of
probation?
A: The probation law provides only for the
suspension of the sentence imposed on the A:
accused by virtue of his application. It has GR: No.
absolutely no bearing on civil liability. Although the
execution of sentence is suspended by the grant of XPN: If the earlier conviction refers to a
suspension, it does not follow that the civil liability crime, the penalty of which does not exceed
of the offender, if any, is extinguished. 30 days of imprisonment or a fine of not
more than P200, such convict is not
Q: Where should the offender file his application disqualified from the benefit of probation.
for probation? Hence, even if he would be convicted
subsequently of a crime embraced in the
A: An application for probation is exclusively within same title of the RPC as that of the earlier
the jurisdiction of the trial court that rendered the conviction, he is not disqualified from
judgment. The courts are always required to availing of probation provided that the
conduct a hearing whether a convict who is penalty of the current crime committed does
otherwise disqualified for probation may be given not go beyond six years and the nature of
the benefit of probation or not. the crime committed by him is not against
public order, national security or subversion.
Q: Who can apply for probation?
Q: What are the criteria for placing an
A: offender on probation?
GR: Only those whose penalty does not exceed six
years of imprisonment are qualified for probation, A: In determining whether an offender may be
without regard to the nature of the crime. Hence, if placed on probation, the court shall consider:
the penalty is six years and one day, he is no longer
qualified for probation. 1. All information relative, to the
character, antecedents, environment,
XPN: mental and physical condition of the
1. First time minor offenders under Ra 9165 offender; and
2. Violation of the omnibus election code 2. Available institutional and
community resources.
Q: Suppose the offender was convicted of
several offenses which were tried jointly and Q: Who are disqualified from availing the
one decision was rendered where multiple benefits of the probation law?
sentences imposed several prison terms as
penalty, each prison term does not exceed six A: The benefits of the probation law shall not
years although the totality of the prison terms be extended to those:
exceeded six years, is he qualified to apply for 1. Sentenced to serve a maximum term of
probation? imprisonment of more than six years;
2. Convicted of subversion or any crime
A: Yes, the offender is still qualified for against the national security or the public
probation. The basis of determining whether order, such as alarms and scandals,
the penalty disqualifies the offender from regardless of the penalty imposed;
probation or not is the term of the individual 3. Who have previously been convicted by
imprisonment and not the totality of all the final judgment of an offense punished by
prison terms imposed in the imprisonment of not less than one month
decision. and one day and/or a fine of not less than
two hundred pesos;
Hence, even if the prison term would sum up to 4. Who have been once on probation under
more than six years, if none of the individual the provisions of PD 968; and
penalty exceeds six years, the offender is not 5. Who are already serving sentence at the
disqualified from applying for probation. time the substantive provisions of PD 968
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 1: Penalties

became applicable pursuant to Section 33 violate the constitutional rights of the offender
of PD 968. (Sec. 9) and subject to these two restrictions:

Note: In determining whether a convict is entitled to 1. The conditions imposed should not be
probation, consider not only the probationable crime, unduly restrictive of the probationer; and
but also the probationable penalty. If it were a 2. Such condition should not be
nonprobationable crime, then regardless of the incompatible with the freedom of
penalty, the convict cannot avail of probation. conscience of the probationer.

Q: When will the application for probation be Q: What are the rules on the grant of probation?
denied?
A:
A: The court shall deny the application for 1. After having convicted and sentenced a
probation if it finds: defendant, the trial court may suspend
the execution of the sentence, and place
1. That the offender is in need of the defendant on probation, upon
correctional treatment that can be application by the defendant within the
provided most effectively by his period for perfecting an appeal.
commitment to an institution;
2. That there is an undue risk that during 2. The filing of application for probation
the period of probation the offender will operates as a waiver of the right to
commit another crime; or appeal.
3. Probation will depreciate the seriousness
of the crime.
3. Probation may be granted whether the
sentence imposed a term of
Q: What are the kinds of conditions imposed imprisonment or fine only.
under the probation law?
4. The application shall be filed with the trial
A:
court, and the order granting or denying
1. Mandatory conditions
probation shall not be appealable.
2. Discretionary conditions
5. Accessory penalties are deemed
Q: What are the mandatory conditions?
suspended once probation is granted.

A: They are:
Q: What is the remedy of an offender if his or her
1. The convict must report to the Probation
application for probation is denied?
Officer (PO) designated in the court order
approving his application for probation
A: An order denying probation is not appealable,
within 72 hours from receipt of notice of
hence, the remedy is certiorari.
such order approving his application; and
2. The convict, as a probationer, must
Q: What is the period of probation?
report to the PO at least once a month
A
during
:
the period of probation unless sooner.
than one year shall not exceed 6 years
Note: These conditions are mandatory, hence, the The sentence imposes The period of probation
moment any of these is violated, the probation is only a fine and the shall be twice the total
terminated. offender is made to serve number of days of
subsidiary imprisonment subsidiary imprisonment
Q: What are the discretionary conditions?
Q: What are the sanctions imposed if the
A: The trial court which approved the application probationer commits any serious violation of the
for probation may impose any condition which may conditions of probation?
be constructive to the correction of the offender,
provided the same would not
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
PENALTY
IMPOSED
ICE CHAIRS
PERIOD OF PROBATION
FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 87
VImprisonment
The period of probation Facultad de Derecho Civil
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ICE CHAIR FOR ADMINISTRATION
VICE CHAIRS FOR Lone
shall
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M. M two
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more than year
AYOUT
years
Imprisonment of more The period of probation
 UST GOLDEN NOTES 2011

A: charged. Efren applied for probation which was

1. The court may issue a warrant for the given due course by the trial court. Thereafter,
arrest of a probationer. Efren filed an appeal regarding the award of
damages. The trial court denied to give due course
2. If violation is established, the court may: to the notice of appeal because it has already
a. Revoke his probation; or granted probation and that such is deemed as a
b. Continue his probation and modify waiver of the right of the accused to appeal. May
the conditions thereof. This order is the accused file an appeal regarding the award of
not appealable. damages notwithstanding the grant of probation?

3. If probation is revoked, the probationer A: Yes, although the appeal in this case involved
shall serve the sentence originally only the civil aspect of the trial court’s judgment. It
imposed. is significant to note that the civil liability of the
accused is not part of the penalty for the crime
Q: When may probation be terminated? committed. It is personal to the victim. The
probation law provides only for the suspension of
A: The court may order the final discharge of the the sentence imposed on the accused by virtue of
probationer upon finding that, he has fulfilled the his application for probation. It has absolutely no
terms and conditions of probation. bearing on civil liability. Although the execution of
sentence is suspended by the grant of probation, it
Q: What are the effects of the termination of does not follow that the civil liability of the
offender, if any, is extinguished. (Salvan v. People,
probation?
G.R. No. 153845, Sept. 11, 2003)
A:
1. Case is deemed terminated. 2. Juvenile Justice and Welfare Act of 2006
2. Restoration of all civil rights lost or (R.A. 9344)
suspended.
3. Fully discharges liability for any fine Q: What is the meaning of “a child in conflict with
imposed. the law”?

Note: Any person convicted for drug trafficking or A: It refers to a child who is alleged as, accused of,
pushing under RA 9165, regardless of the penalty or adjudged as, having committed an offense under
imposed by the Court, cannot avail of the privilege Philippine laws.
granted by the Probation Law or Presidential Decree
No. 968, as amended.(Sec. 24, RA 9165) Note: The child in conflict with the law shall enjoy the
presumption of minority. He/she shall enjoy all the
Note: Probation is not coterminous with its period. rights of a child in conflict with the law until he/she is
The mere expiration of the period for probation does proven to be 18 years old or older.
not, ipso facto, terminate the probation. There must
be an order issued by the court discharging the Q: What is the minimum age of criminal
probationer. If the accused violates the condition of responsibility?
the probation before the issuance of said order or
court, the probation may be revoked by the Court.
A:

Q: Efren, a bus driver, was charged with reckless

imprudence resulting in homicide for the death of
Note: The exemption from criminal liability herein
John. The trial court convicted Efren of the crime
established does not include exemption from civil
CRIMINAL liability, which shall be enforced in accordance with
AGE BRACKET TREATMENT
LIABILITY existing laws
The child shall be
15 years old or subjected to an Q: What is juvenile justice and welfare system?
Exempt
below intervention
program
A: Juvenile Justice and Welfare System" refers to a
Above 15 but The child shall be system dealing with children at risk and children in
below 18, who subjected to an conflict with the law, which provides
Exempt intervention
acted without
CRIMINAL LAW TEAM: program
discernment
Such child
RICOshall be D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R

2
ADVISER : JUDGE SEBASTIAN
Above 15 but subjected to the
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
below 18, who ALBERT DECLARONot , ERIK GALLARDOappropriate
, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
, ADRIAN VALBUENA proceedings in
acted with SAIPUDINexempt
1 discernment accordance with
R.A. 9344
6
BOOK 1: Penalties

childappropriate proceedings, including programs c. Are inherent in the crime.

and services for prevention, diversion,
rehabilitation, reintegration and aftercare to ensure 2. Aggravating or mitigating circumstances
their normal growth and development. (Sec. 4, RA that serve to aggravate or mitigate the
9344) liability of the offenders to whom such
IMINAL LIABILIT circumstances are attendant are which
EFFECTS OF THE ATTENDING MITIGATING arise from:
AND/OR AGGRAVATING CIRCUMSTANCES AND a. The moral attributes of the offender;
OF HABITUAL DELINQUENCY or
(Art. 62) b. From his private relations with the
offended party; or
Q: Who shall be considered as a habitual c. From any other personal cause.
delinquent?
3. Circumstances that serve to aggravate or
A: For the purpose of this article, a person shall be mitigate the liability of those persons
deemed to be habitual delinquent, if with in a only who had knowledge of them at the
period of ten years from the date of his release or time of the execution of the act or their
last conviction of the crimes of serious or less cooperation therein are those which
serious physical injuries, robbery, theft, estafa or consist:
falsification, he is found guilty of any said crimes a a. In the material execution of the act;
third time or oftener. or
b. In the means employed to
Q: What are the effects of aggravating accomplish it.
circumstance, mitigating circumstance and
habitual delinquency? Q: What are the requisites
of habitual delinquency?
A:
1. Aggravating circumstances (generic and A:
specific) – increases the penalty, without 1. Offender had been convicted of any of
however, exceeding the maximum the crimes of:
provided by law a. Serious or less serious physical
injuries
2. Mitigating circumstances – diminishes b. Robbery
the penalty c. Theft
d. Estafa
3. Habitual delinquency – increases the e. Falsification
penalty because of multiple convictions
in certain specific crimes or recidivism, 2. After that conviction or after serving his
which is generally implied in habitual sentence, he again committed, and,
delinquency and imposes an additional within 10 years from his release or 1st
penalty conviction, he was again convicted of any
of the said crimes for the second
Q: What are the rules on aggravating and time.
mitigating circumstances?
3. After conviction of, or after serving
A: sentence for, the 2nd offense, he again
1. Aggravating circumstances that are not committed, and, within 10 years from his
taken into account to increase the last release or last conviction, he was
penalty are those which: again convicted of any of said offenses,
a. In themselves constitute a crime the 3rd time or oftener.
specially punished by law; or
b. Are included by the law in defining a Q: What are the additional penalties for habitual
crime and prescribing the penalty delinquency?
therefore; or

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 89
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: last conviction, the trial court cannot consider

1. Upon 3rd conviction – Prision correcional against him a finding of
in its medium and maximum periods
2. Upon 4th conviction – Prision mayor in its
medium and minimum periods
3. Upon 5th or additional conviction – Prision
mayor in its minimum period to Reclusion
temporal in its minimum period

Note: Total penalties not to exceed 30 years.

Total penalties refer to the penalties:

1. For the last crime of which he is found
guilty;
2. Additional penalty.

Q: What are the distinctions between habitual

delinquency and recidivism?

A:

HABITUAL DELIQUENCY RECIDIVISM

As to the crimes committed

Offender had been Sufficient that accused on

convicted of any of the the date of trial shall have
crimes of: serious been previously convicted
physical injuries, by final judgment of
robbery, theft, estafa, or another crime embraced
falsification. in the same title of RPC.

As to period of time the crimes are committed

Offender found guilty of
No period of time
any of the crimes within
between the former
10 years from his last
conviction and the last
release or last
conviction.
conviction.
As to number of crimes committed

3rd conviction or oftener. 2nd conviction is sufficient.

As to effects
If not offset by mitigating
An additional penalty is circumstances, serves to
imposed increase the penalty only
to the maximum

Q: Juan de Castro already had three (3) previous

convictions by final judgment for theft when he
was found guilty of Robbery with Homicide. In the
last case, the trial judge considered against the
accused both recidivism and habitual delinquency.
The accused appealed and contended that in this

CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

1
SAIPUDIN, ADRIAN VALBUENA
6
UST GOLDEN NOTES 2011
recidivism and, again, of habitual delinquency. Is CRIMINAL LAW TEAM:
the appeal meritorious? Explain. ADVISER: JUDGE RICO SEBASTIAN

imprisonment by virtue of final judgment. (1991

A: No, the appeal is not meritorious. Recidivism and Bar Question)
habitual delinquency are correctly considered in this
case because the basis of recidivism is
different from habitual delinquency.

Juan is a recidivist because ha had been previously

convicted by final judgment for theft and again found
guilty for robbery with homicide, which are both
crimes against property, embraced under the same
Title (Title Ten, Book Two) of the Revised Penal Code.
The implication is that he is specializing in the
commission of crimes against property, hence
aggravating in the conviction for robbery with
homicide.

Habitual delinquency, which brings about an

additional penalty when an offender is convicted a
third time or more for specified crimes, is correctly
considered because Juan had already three (3)
previous convictions by final judgment for theft and
again convicted for robbery with homicide. And the
crimes specified as basis for habitual delinquency
includes, inter alia, theft and robbery.
(2001 Bar Question)

Q: A was charged with homicide. During the trial,

uncontradicted evidence consisting of medical
certificates were presented showing that the
accused had sustained injuries in ten (10) previous
occasions while engaged in fisticuffs with different
persons. He was also confined at the National
Mental Hospital for mental ailment diagnosed as
“homicidal and suicidal instincts”. During his second
confinement thereat, he escaped. Upon conviction,
the prosecutor objected to the application of the
Indeterminate Sentence Law contending that the
accused is a habitual delinquent and an escapee
from the National Mental Hospital. If you are the
Judge,
rule on the objection.

A: The objection should be overruled. A could not be

legally considered a habitual delinquent. Habitual
delinquency cannot be validly invoked without being
alleged in the information and proven during trial.
Besides there is no indication that A was convicted
within ten (10) years from last conviction or release,
three times, or oftener of the crimes of robbery, theft,
estafa, physical injuries, or falsification. Being an
escapee from a mental hospital will not disqualify him
from the application of the ISL as Section 2 thereof
contemplates having escaped from confinement or
evaded sentence. Confinement presupposes

91 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
 UST GOLDEN NOTES 2011
A:
1. If before final judgment – his death
extinguishes both his criminal and civil

VI. MODIFICATION
ANDEXTINCTION
OFCRIMINAL of civil liabilityexistsas providedunder
LIABILITY Art.1157CivilCode.

BOOK 1: Modification And Extinction of Criminal Liability

Q: How is criminal liability extinguished? liabilities.

A: Criminal liability may be extinguished either, totally or 2. If while the case is on appeal – case on appeal
partially. will be dismissed. Offended party may file a
separate civil action under the Civil Code if any
Q: What are circumstances which totally other basis for recovery
extinguish criminal liability? Note: However, civil liability arising from sources other than
the crime committed survives and may be pursued in a
A: separate civil action. (People v. Bayotas,
1. Death of the convict as to personal penalties; G.R. no. 152007, Sept. 2, 1994)
and as to pecuniary penalties, liability thereto
is extinguished only when death of the
offender occurs before final A. PRESCRIPTION OF CRIMES UNDER THE RPC
judgment (Art. 90)

Note: Extinguishment of criminal liability is a Q. What is prescription of crimes?

ground for motion to quash.
A: Prescription of crimes is the forfeiture or loss of the
The death of the offended party however does right of the State to prosecute the offender after the
not extinguish criminal liability of the accused lapse of certain time.
because it is a crime against the
State. GR: Prescription of the crime begins on the day the
crime was committed.
2. Service of sentence
3. Amnesty which completely extinguished the XPN: When the crime was concealed, prescription
penalty and all its effects would only commence from the time the offended
4. Absolute pardon party or the government learns of the commission.
5. Prescription of the crime
6. Prescription of the penalty CRIMES PRESCRIPTION
7. Marriage of the offended woman as in the Crimes punishable by
crimes of rape, abduction, seduction death, Reclusion
and acts of lasciviousness 20 years
perpetua, Reclusion temporal
Q: What are circumstances which totally Crimes punishable by
extinguish criminal liability? 15 years other
afflictive penalties
A: 10 years, except those
Crimes punishable by punishable by arresto other
1. Conditional pardon
correctional mayor wherein the penalties
2. Commutation of sentence
prescriptive period is 5
3. For good conduct allowances which the culprit years.
may earn while he is serving sentence Libel or other similar
4. Parole 1 year
5. Probation offenses
Oral defamation and
Q: What is the effect of offender’s death? 6 months
slander by deed
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

2
SAIPUDIN, ADRIAN VALBUENA
2

Light offenses 2 months 4. The averments, if true, would constitute a legal

excuse or justification (Sec.9, Rule
Note: In computing the period, the first day is excluded and 117, Rules of Court)
the last day included. Period is subject to leap years.

Prescription does not take away the court’s jurisdiction PRESCRIPTION OF OFFENSES PUNISHABLE UNDER
but only absolves the defendant and acquits him. SPECIAL LAWS AND MUNICIPAL ORDINANCES

When fine is imposed as an alternative penalty to IMPOSABLE PENALTY PRESCRIPTION

imprisonment, and the fine constitutes a higher penalty Imprisonment of six (6) years or
than the penalty of imprisonment, the basis of the 12 years more
prescriptive period is the fine.
Imprisonment of two years but less
8 years than six years
Q: What is the rule where the last day of prescriptive Offenses under the NIRC 5 years
period falls on a Sunday or legal Imprisonment of over one month
holiday? 4 years
but less than two years
A: Where the last day of the prescriptive period for filing Fine or imprisonment of not over 1 year
an information falls on a Sunday or legal holiday, the one month or both
information could no longer be filed on Violations of municipal ordinances 2 months
the next day as the crime has already prescribed.
Q: What are the rules in computation of prescription of
Q: What will be the basis of computation if the penalty offenses?
is a compound one?
A:
A: The highest penalty is the basis of the application of 1. Period of prescription commences to run from
the rules contained herein. the day the crime is discovered by the
offended party, the authorities or
Q: Suppose, in 1980, A commits a crime, then goes into their agents.
hiding, he resurfaces 20 years later, and the
government finds a witness, can they institute a case? 2. It is interrupted by the filing of the complaint
or information.
A: No. However, if the accused left for the United
States, yes, he can be prosecuted still. 3. It runs again when such proceedings terminate
without the accused being convicted or
The mere filing of a complaint with: 1. Chief of acquitted or are unjustifiably stopped for any
Police; 2. office of the NBI; or 3. Office of the Provincial reason not immutable to
Director of PNP does not interrupt the him.
prescriptive period.
4. It shall not run when offender is absent from
Ratio: They do not constitute the court. They are neither the Philippines.
part of the judiciary nor part of the courts of justice.
Note: If dismissal is final, accused can no longer be
Q: What is the effect if the accused fails to move to prosecuted even if still within the prescriptive period,
quash before pleading? on the ground of double jeopardy.

A: The accused is deemed to have waived all objections, The filing of the complaint or information in court for
except if the grounds are: preliminary investigation interrupts the running of the
prescriptive period.
1. Facts charged do not constitute an offense
The term "proceedings" should now be understood either
2. Court has no jurisdiction executive or judicial in character: executive when it involves
the investigation phase and judicial when it refers to the
trial and judgment stage. With this clarification, any kind of
3. Criminal action or liability has been
investigative proceeding instituted against the guilty person
extinguished
which may ultimately lead to his prosecution should be

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 93
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011
sufficient to toll prescription. (Panaguiton, Jr. v. DOJ, GR A: If the
167571, amendment charges a different crime, the date of
Nov. 25, 2008) amended complaint or information should be
considered. If it is merely a correction of a defect, the
date of the original complaint or
information should be considered.
B. PRESCRIPTION
OFPENALTIES
Q: What is prescription of penalties? IMPOSABLE PENALTY PRESCRIPTION
Death,
A: Prescription of penalties is the loss or forfeiture of the reclusion perpetua, 20 years
right of the government to execute the final reclusion temporal
sentence after the lapse of certain time. Other afflictive penalties 15 years
Correctional penalties
10 years except arresto mayor
Q: When will the prescriptive period commence to run?
Light penalties 1 year

A: Prescriptive period of penalties will only commence to

Q: What are the distinctions between prescription
run from the moment the convict evades the service of
of crimes and prescription of penalties?
sentence. (Art. 91)

A:
Q. When will such period be interrupted?

BOOK 1: Modification And Extinction of Criminal Liability

PRESCRIPTION OF PRESCRIPTION OF
A: It is interrupted when the convict; CRIMES PENALTIES
1. Gives himself up Loss of forfeiture of the
Loss or forfeiture of the
2. Is captured State to enforce
State to prosecute.
3. Goes to a foreign country with which the judgment
Philippines has no extradition treaty; or Starts counting upon Starts counting upon the
4. Commits any crime before the expiration of discovery of the escape or evasion of
the period of prescription commission of the crime service of sentence
Absence from the
Q: What are the situations which do not follow Philippines interrupts the
Mere absence from the
Art. 91? period only when he goes
Philippines interrupts the
to a foreign country
running of the without extradition
A:
prescription treaty
1. Continuing crimes – prescriptive period will
start to run only at the termination of the with us.
intended result). Commission of another
Commission of another
crime before the
crime before expiration
2. In crimes against false testimony – prescriptive expiration of the period
of the period interrupts
period is reckoned from the day a final does not interrupt
the prescription.
judgment is rendered and not at the time when prescription.
the false testimony was made).
Q: One fateful night in January 1990, while 5‐year old
3. Election offense – Albert was urinating at the back of their house, he
a. If discovery of the offense is incidental to heard a strange noise coming from the kitchen of their
judicial proceedings, prescription begins neighbor and playmate, Ara. When he peeped inside,
when such proceeding terminates; or he saw Mina, Ara’s stepmother, very angry and
b. From the date of commission of the strangling the 5‐year old Ara to death. Albert saw Mina
offense. carry the dead body of Ara, place it inside the trunk of
the car and drive away. The dead body of Ara was
never found. Mina spread the news in the
Q: What is the effect of filing an amended complaint or
neighborhood that
information upon period of
Ara went to live with her grandparents in Ormoc City.
prescription?
For fear of his life, Albert did not tell anyone, even his
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

2
SAIPUDIN, ADRIAN VALBUENA
2

parents and relatives, about what he witnessed. authority or an agent of an authority. It was discovered
Twenty and a half (20 & ½) years after the incident, and by the NBI authorities only when Albert revealed to them
right after his graduation in Criminology, Albert the commission of the crime. Hence, the period of
reported the crime to NBI authorities. The crime of prescription of 20 years for homicide commenced to run
homicide prescribes in 20 years. Can the state still only from the time Albert revealed the same
prosecute Mina for the death of Ara despite the lapse to the NBI authorities. (2000 Bar Question)
of 20 and 1/2 years?
Explain.
ALLOWANCE FOR GOOD CONDUCT
A: Yes, the State can still prosecute Mina for the death (Art. 97)
of Ara despite the lapse of 20 and ½ years. Under Article
91, RFC, the period of prescription commences to run IMPRISONMENT DEDUCTION
from the day on which the crime is discovered by the 5 days for each month of
offended party, the authorities or their agents. In this First 2 years
case at bar, the commission of the crime was known only good behavior
to Albert, who was not the offended party nor an 3‐5 years 8 days for each month of
good behavior

10 days for each month of

6‐10 years
good behavior
15 days for each month of
11 and so on years
good behavior

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 95
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Against National Security

BOOK II
Q: What is allegiance?
I. CRIMES AGAINST NATIONAL SECURITY (114‐123)
A: It is the obligation of fidelity and obedience, which one
Q: What are the crimes against National Security? owes to the government under which he
lives, in return for the protection he receives.
A:
1. Treason (Art.114) Q: What are the elements of treason?
2. Conspiracy and proposal to commit treason A:
(Art.115) 1. Offender is a Filipino citizen or an alien residing
3. Misprision of Treason (Art.116) in the Philippines.
4. Espionage (Art.117) 2. There is a war in which the Philippines is
5. Inciting to war and giving motives for reprisal involved.
(Art.118) 6. Violation of Neutrality (Art.119)
7. Correspondence with hostile country Note: Formal declaration of the existence of a state of war is
(Art.120) not necessary.
8. Flight to enemy country (Art.121)
3. Offender either –
Q: What are the crimes against the law of nations? a. Levies war against the government, or
b. Adheres to the enemies by giving
A: them aid and comfort.
1. Piracy and mutiny (Art.122)
2. Qualified Piracy and Mutiny Note: Treason is a war crime. It can only be committed in
times of war. There must be actual hostilities.
Q: Where can the crimes against the law of
nations be tried? Q: What are the two modes of committing treason?

A: It may be punished anywhere because they are A:

considered crimes against the family of nations. 1. Levying war against the government, or
2. Adhering to the enemies, giving them aid and
Q: When can the crime against national security be comfort.
committed?
Note: Emotional or intellectual sympathy to the enemy,
without giving the enemy aid or comfort, is not treason.
A: GR: All crimes against national security can only
be committed in times of war.
Giving information to (People v. Paar, 86 Phil. 864) or
commandeering foodstuffs (People v. Mangahas, 93 Phil.
XPN:
118) for enemy is evidence of both adherence and aid or
1. Espionage comfort.
2. Inciting to war or giving motives for
reprisal Q: Who are the persons that may be liable for the crime
3. Violation of neutrality of treason?
4. Mutiny and piracy. (Boado 2008 p.366)
A: Filipino citizens and resident aliens can be liable for
Chapter One: Crimes Against National Security treason. A citizen owes permanent allegiance while a
(Art. 114‐123) resident alien owes temporary allegiance to
the government.
TREASON (Art. 114)
Q: Can treason be committed outside the
Q: What is the crime of treason? Philippines?

A: It is a breach of allegiance to a government, A: It depends.

committed by a person who owes allegiance to it.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 96
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Against National Security

1. If the offender is a Filipino citizen, he can

commit this crime even if he is outside the A: Adherence may be proved:
Philippines. 1. By one witness,
2. Treason by an alien must be committed in 2. From the nature of the act itself, or
the Philippines (EO 44) except in case of 3. From the circumstances surrounding the act.
conspiracy.
Q: Is there a crime of treason thru negligence? the government to resist or to attack the enemies
of the government.
A: There is no treason thru negligence. The overt act of giving aid or comfort to the enemy must be Q:
What is the extent of aid or comfort?
intentional.
A: It must be a deed or physical activity and it must
Note: Mere acceptance of public office and discharge be intentional. of official
duties under the enemy do not constitute
per se the felony of treason, except when the position Note: A mere expression of opinion does not is policy‐
determining. constitute an act of treason.

Q: What are the elements of levying of war? Q: What are the ways of proving treason?

A: A:
1. There must be an actual assembling of 1. Two‐witness rule – The testimony of two men witnesses is
required to prove the same
2. For the purpose of executing a overt act of giving aid or comfort.
treasonable design by force
Q: What is the meaning of aid and comfort?

Note: Levying of war must be in collaboration with a A: It means any act which strengthens or tends to
foreign enemy. strengthen the enemy of the government in the conduct
of war against the government or an act which weakens
Q: What is the meaning of adherence to the enemy? or tends to weaken the power of
Note: The testimonies must refer to the
A: Adherence to the enemy means that the citizen same act, place and moment of time.
intellectually or emotionally favors the enemies and
harbors sympathies or convictions disloyal to his If the overt act is separable, two witnesses must
country’s policy or interest. It means that there is also testify to each part of the overt act.
intent to betray.
Q: A testified that he saw X going to the house of C in
Note: Adherence alone without aid and comfort does not search of the latter’s revolver. B testified that when C
constitute treason, although it may be inferred from the went to the garrison, X required C to produce his revolver.
acts committed. Is the two‐witness rule
complied with?
Q: X sold alum crystals and water pipes to the
enemy. Is treason committed? A: No. Although both acts may logically be presumed to
have answered the same purpose, that of confiscating C’s
A: The sale of said articles does not per se constitute revolver, the singleness of the purpose is NOT enough to
treason, because the said materials are not exclusively for make one of two
war purposes and their sale does not necessarily carry an acts.
intention on the part of the vendor to adhere to the
enemy. (People v. Agoncillo Q: One witness said he heard a gun report, and saw a
80 Phil. 33) smoking gun in the hand of the accused and saw the
victim fall. Another witness, who was deaf, said he saw
Q: How may adherence be proved?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 97
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

the accused raise and point the gun and saw a puff of A: Yes. It can be committed by a single act or by series of
smoke from it. Is the two‐witness rule complied with? acts. It can be committed in one single or different time.
In treason, there is only one criminal intent. A person who
A: Yes. Although the testimonies are not identical, the commits treason is not criminally responsible for as many
testimonies of both would certainly be to the crimes of treason as the overt acts as he has intentionally
same overt act. (Hauft v. United States) committed to give aid to the enemy.

Note: The offender can still be prosecuted even after war.

2. Confession of the accused in open court.
Q: What are the circumstances inherent in the
Note: The confession means pleading guilty in open court crime of treason?
that is before the judge while actually hearing the case.
Extrajudicial confession or confession made before the A: Treachery, abuse of superior strength and evident
investigators is not sufficient to convict a person of treason. premeditation are inherent in the crime of
treason, therefore, not aggravating.
Q: Is suspended allegiance a defense in treason?
A: No, because sovereignty is not suspended in times Q: Does the crime of treason admit stages?
of war. What is suspended is only the exercise
thereof. Hence, the allegiance of a citizen A: No, mere attempt consummates the crime of treason.
is not abrogated by the enemy occupation.
Q: How is treason distinguished from sedition?
Note: Duress or controllable fear and obedience to the
de facto government are defenses for treason. A:
TREASON SEDITION
Q: X furnished women to the enemy. Does the act
Violation by a subject of
constitute treason? Raising of commotions or
his allegiance to his
disturbances in a state
sovereign or country.
A: Commandeering of women to satisfy the lust of the
Requires a state of war Conflict is merely
enemies or to enliven the entertainment held in their
with another country. internal
honor was NOT treason even though the women and
the entertainments helped to make life more pleasant
for the enemies. (People v. Perez, 83 Q: How is treason distinguished from rebellion?
Phil. )
A:
Q: X is a spy and an informer of the enemy. Can X TREASON REBELLION
be held liable for treason? The purpose is merely to
The purpose of
substitute the government with
levying war is to
A: Yes, because such acts strengthen the enemy in the the rebels’ own form of
help the enemy.
conduct of war. government

Q: When common crimes (e.g. murder, robbery, CONSPIRACY AND PROPOSAL TO COMMIT
arson) are committed in the furtherance of the crime TREASON (Art. 115)
of treason, can they be considered crimes separate
from treason? Q: What are the elements of conspiracy to commit
treason?
A: No, because there is no complex crime of treason A:
with murder. The common crimes committed in 1. In time of war
furtherance of treason are the overt acts of aid and 2. Two or more persons come to an agreement
comfort and are therefore inseparable from treason to:
itself. Neither are they considered separate offenses. a. Levy war against the government, or
b. Adhere to enemies and to give them aid
Q: Is treason a continuing offense? or comfort
3. They decide to commit it

CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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BOOK 2: Crimes Against National Security

Q: What are the elements of proposal to commit

treason? A: No. Art. 116 does not apply when the crime of treason
is already committed. This is so because Art. 116 speaks
A: of “knowledge of any conspiracy against” the
1. In time of war Government of the Philippines, not knowledge of treason
2. A person who has decided to levy war against actually committed by
the government, or to adhere to the enemies another.
and give them aid and comfort.
3. Proposes its execution to some other person 4. He conceals or fails to disclose and make known
or persons. the same as soon as possible to the:
a. Governor
Note: As a general rule, conspiracy and proposal b. Fiscal of the province
to commit a felony is not punishable (Art. 8). c. Mayor or fiscal of the city in
Article 115 is an exception, as it specifically which he resides.
penalizes conspiracy and proposal to commit Note: Art. 116 is an exception to the rule that mere silence
treason. does not make a person criminally liable. It is a crime of
omission.
Q: Why are conspiracy and proposal to commit
treason punishable? Q: How is the offender punished?

A: In treason, the very existence of the State is in A: Offender is punished as a principal in the crime of
jeopardy. misprision of treason.

Note: Two‐witness rule does not apply because this is a Q: What does the phrase “shall be punished as an
separate and distinct offense from that of treason. accessory to the crime of treason” mean?

Q: If actual acts of treason are committed after the A: The phrase does not mean that the offender is legally
conspiracy or after the proposal is accepted, what speaking, an accessory to the crime of treason, because
crime is committed? he is already a principal in the crime of misprision of
treason. It simply means that the penalty imposed is that
A: The crime of treason is already consummated the of an accessory to the crime of treason.
moment the proposal or conspiracy to commit
treason is accepted. The conspiracy or proposal is Note: Relatives, who as accessories are exempt from criminal
then considered merely as means in the liability under Art. 20, are punishable under this article
commission thereof. assuming that Art. 20 is applicable,
because:
MISPRISION OF TREASON (Art. 116)
1. This article is of special application, whereas Art.
Q: What are the elements of misprision of 20 of general application
treason? 2. Security of State is more paramount than mere
relationship and
A: 3. The offender commits the distinct crime of
misprision of treason which is separate and distinct
1. Offender must be owing allegiance to the
from treason.
government of the Philippines
2. Offender is not a foreigner
Q: When the crime of treason is already committed and
3. He has knowledge of any conspiracy to
the accused does not report its commission to the
commit treason against the said
proper authorities, is he liable for misprision of treason?
government

A: No, because treason is already committed. Misprision

Q: X, a Filipino citizen, has knowledge of treason
of treason contemplates the failure of a citizen to report
committed by someone and does not report its
any such conspiracy to commit
commission to the proper authorities. Can he be
treason.
held liable for Misprision of Treason?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 99
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

ESPIONAGE (Art. 117)

A:
Q: What is the crime of espionage? 1. That the offender is a public officer;
2. That he has in possession the articles, data or
A: Espionage is the offense of gathering, transmitting, or information referred in paragraph 1 of Art. 117,
losing information respecting the national defense with by reason of the public office he holds;
intent, or there is reason to believe that information is to 3. That he discloses their contents to a
be used to the injury of the Republic of the Philippines or representative of a foreign nation.
to the
advantage of any foreign nation. Q: Under the first mode of committing espionage, is it
necessary that the offender succeeds in obtaining the
Note: Espionage is not conditioned on citizenship of the information?
offender.
A: No. It suffices that the offender entered the places
Q: What are the two modes of committing mentioned without authority for the purpose of obtaining
espionage? information relevant to national security.

A: Q: Is wiretapping a form of espionage?

1. First mode: By entering, without authority, a
warship, fort or military or naval establishments A: It depends on the purpose of the information obtained.
or reservation to obtain any information, plans If the purpose has nothing to do with the country’s
or other data of confidential nature relative to defense or national security, wiretapping is not
the espionage.
defense of the Philippines.
Q: Is it necessary that the country is at war for the
2. Second mode: By disclosing to the crime of espionage to be committed?
representative of a foreign nation the contents
of the articles data or information referred to in A: No, espionage can be committed in times of
par. No. 1 of peace or war.
117 which he had in his possession by
reason of the public office he holds. Q: What are the acts of espionage punished under
Commonwealth Act 616 (An Act to Punish Espionage and
Note: Being a public officer is a requirement in the Other Offenses against the National
second mode, while it is only aggravating in the first. Security)?

Q: What are the elements of the first mode of A:

committing espionage? 1. Unlawful obtaining of information relative to
the defense of the Philippines or to the
A: advantage of any foreign nation
1. That the offender (a Filipino or a resident 2. Unlawful disclosing of information relative to
agent) enters any of the places mentioned the defense of the Philippines
therein 3. Disloyal acts in time of peace
4. Disloyal acts in time of war
Note: Under the first mode the offender is any 5. Conspiracy to violate any of the said acts;
person, whether a citizen or a foreigner, a private 6. Harboring or concealing violators of the law
individual or a public officer.
7. Photographing from aircraft of
vital military information
2. That he has no authority therefore
3. That his purpose is to obtain information, Q: What are the distinctions between espionage and
plans, photographs or other data relative treason?
to the defense of the Philippines.
A:
Q: What are the elements of the second mode of
ESPIONAGE TREASON
committing espionage?
May be committed both Committed only in time
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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BOOK 2: Crimes Against National Security

in time of peace and in

of war
time of war. A:
Is limited in two ways of 1. There is a war in which the Philippines is not
committing the crime: involved
May be committed in
levying war and adhering
many ways.
to the enemy giving him 2. A regulation is issued by a competent authority
aid and comfort. to enforce neutrality
Both are crimes not conditioned by the citizenship of
the offender. 3. Offender violates such regulation.

INCITING TO WAR OR GIVING MOTIVES FOR Note: Committed only in times of war and neutrality of the
REPRISAL (Art. 118) Philippines is violated

Q: What are the elements of this crime? Q: What is neutrality?

A: A: Neutrality is a condition of a nation that, in times of

1. Offender performs unlawful or unauthorized war, takes no part in the dispute but continues
acts peaceful dealings with the belligerents.
2. Such acts provoke or give occasion for a war
involving or liable to involve the Philippines or Note: It is a status created under international law, by means
expose the Filipino citizens of a stand on the part of a State not to side with any of the
to reprisals on their persons and property parties at war.

Q: What is reprisal? Q: Who has the authority to issue a regulation for

the enforcement of neutrality?
A: It is any kind of forcible or coercive measure whereby
one State seeks to exercise a deterrent effect or to obtain A: The regulation must be issued by competent authority
redress or satisfaction, directly or indirectly, for like the President of the Philippines or the Chief of Staff of
consequences of the illegal acts of another State which the Armed Forces of the Philippines, during a war
has refused to make amends between different countries in which the Philippines is
for such illegal conduct. not taking sides.

Note: Reprisal is resorted to for the purpose of settling a CORRESPONDENCE WITH HOSTILE COUNTRY
dispute or redressing a grievance without going to war. (Art. 120)

Intention of the offender is immaterial. Q: What are the elements of this crime?

It is committed in time of peace.

In inciting to war, the offender is any person. If the A:

offender is a public officer, the penalty is higher. 1. There is war in which the Philippines is
involved
Q: What is the extent of reprisals?
2. Offender makes correspondence with the
A: Reprisals are not limited to military action. It could enemy country or territory occupied by
be economic reprisals or denial of entry into their enemy troops
country. E.g. X burns a Singaporean flag. If Singapore
bans the entry of Filipinos, that is reprisal. 3. Correspondence is either –
a. Prohibited by the Government
VIOLATION OF NEUTRALITY b. Carried on in ciphers or conventional
(Art. 119) signs

Q: What are the elements of this crime?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 101
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 UST GOLDEN NOTES 2011

c. Containing notice or information Q: What are the elements of this crime?

which might be useful to the enemy or
intended by the offender to aid A:
the enemy 1. Existence of war in which the Philippines is
involved
Q: What is correspondence? 2. Offender owes allegiance to
the
A: It is communication by means of letters or it Philippines
may refer to the letters which pass between 3. Offender attempts to flee or go to the enemy
those who have friendly or business relations. country
4. Going to enemy country is prohibited by
Q: What does correspondence to hostile country competent authority
contemplate?
Q: Who can be held liable under Art. 121?
A: It contemplates correspondence to officials
of the enemy country, not correspondence with A: The offender may be Filipino citizens or resident aliens
private individuals in the enemy country. because Art. 121 contemplates both permanent and
temporary allegiance. An alien resident may be held guilty
Note: Even if the correspondence contains for this crime because
innocent matters, if the correspondence is he owes allegiance to the Philippines.
prohibited by the government, it is punishable
because of the possibility that the information Note: Mere attempt to flee to enemy country when
useful to the enemy might be revealed prohibited by competent consummates the felony.
unwittingly.
There must be prohibition by competent authority. If there is
Q: What are ciphers? none, even if one went to an enemy country, there is no
crime.
A: Secret message or code.
PIRACY IN GENERAL AND MUTINY ON THE HIGH
Note: If ciphers were used, there is no need for SEAS (Art. 122)
prohibition by the Government to consummate
the crime. If ciphers were not used, there is need Q: What is piracy?
for prohibition.
A: Piracy is robbery or depredation in the high seas,
Q: What are the circumstances qualifying the crime without lawful authority and done with animo furandi
of correspondence to hostile country? (with intent to steal) and in the spirit and intention of
universal hostility.
A: That the:
1. Notice or information might be useful to the Q: In general, what is the nature of the crime of
enemy piracy?
2. Offender intended to aid the enemy.
A: Piracy is a crime against all mankind. Pirates are in law,
Note: Both must concur. hostis humani generis.

Q: X, with intent to aid the enemy, gave the latter Q: What are the modes of committing piracy?
notice and information. Is he liable under Art.120?
A:
A: If the offender intended to aid the enemy by giving 1. First mode: By attacking or seizing a vessel on
such notice or information, the crime the high seas or in Philippine waters; or
amounts to treason. (Reyes 2008 p.31) 2. Second mode: By seizing the whole or part of
the cargo or equipment of the vessel while on
FLIGHT TO ENEMY’S COUNTRY the high seas or the personal belongings
(Art. 121) of its complements
or passengers.
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against National Security

A: Jurisdiction is with any court where offenders are

Q: What are the elements of piracy? found or arrested. The jurisdiction of piracy,
unlike all other crimes, has no territorial limit.
A:
1. Vessel is on high seas or in Philippine waters Q: Which court has jurisdiction over piracy
2. Offenders are not members of its complement committed in Philippine waters?
or passengers of the vessel,
3. Offenders – A: Jurisdiction is vested with Philippine courts.
a. Attack that vessel, or
b. Seize the whole or part of the cargo of said Q: If piracy was committed outside the Philippine waters,
vessel, its equipment or personal will the Philippine courts have jurisdiction over the
belongings of its complement or offense?
passengers.
A: Yes, for piracy falls under Title I Book 2 of the Revised
Q: What is the meaning of high seas? Penal Code. As such, it is an exception to the rule on
territoriality in criminal law. The same principle applies
A: High seas mean any waters on the sea coast which are even if the offenders were charged, not with a violation of
without the boundaries of the low water mark although qualified piracy under the Code but under a special law,
such waters may be in the jurisdictional limits of a foreign P.D. 532 which penalizes piracy in Philippine waters.
government, parts of the sea that are not included in the (People v. Catantan, 278 SCRA 761 [1997])
exclusive zone, in the territorial seas, or in the internal
waters of a state, or in the archipelagic waters of an Q: How is piracy distinguished from robbery on the high
archipelagic state. (UNCLOS) seas?

Q: Under the law, what does “Philippine seas” refer to? A:

A: Philippine seas shall refer to all bodies of water, such as

but not limited to seas, gulf, bays around, between and
connecting each of the islands of the Philippine
archipelago irrespective of its depth, breadth, length or
dimension and all waters belonging to the Philippines by Q: What is mutiny?
historic or legal title, including territorial sea, the sea‐bed,
insular shelves, and other submarine areas over which the A: It is the unlawful resistance to a superior officer or the
Philippines has sovereignty and jurisdiction. (Sec. 2, raising of commotions and disturbances on board
P.D. 532) a ship against the authority of
its commander.
Q: What are the kinds of piracy under Art. 122, as
amended by R.A. 7659? Q: Distinguish piracy from mutiny.

A: Piracy in high seas and piracy in Philippine A:

waters.

Q: Which court has jurisdiction over piracy committed in

the high seas?

PIRACY MUTINY
Offenders are strangers
to the vessel. Hence, Offenders are members of
offenders are neither the complement or the
passengers nor crew passengers of the vessel.
members.
Intent to gain is immaterial.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS
The offenders may only
103
Intent to gain is an
V intend to ignore the ship’s
element
ICE CHAIRS Fof
OR piracy.
ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
officer or they may be
PIRACY ROBBERY
VICE CHAIR FOR ADMINISTRATION ON THEby
AND Fprompted
HIGH
INANCE: JEANELLE
SEASto
a Ldesire
C. EE Facultad de Derecho Civil
The FOR
VICE CHAIRS offender commit plunder.
LAYOUT AisNDaDmember
ESIGN: EARL of the
LOUIE M. MASACAYAN & THEENA C. MARTINEZ
The offender is
Attack complement or a passenger of the
from the outside.
an outsider. Attack from the inside.
vessel.
 UST GOLDEN NOTES 2011

QUALIFIED PIRACY A. Anti‐Piracy and Anti‐ Highway Robbery

(Art. 123) (P.D.532)

Q: What are the special qualifying circumstances under 1. Definition of terms

Art. 123?
Q: What constitutes Philippine waters?
A:
1. Seizure of the vessel by boarding or firing upon A: Philippine Waters shall refer to all bodies of water,
the same such as but not limited to seas, gulfs, bays around,
between and connecting each of the
2. Abandonment of the victims without any means Islands of the Philippine Archipelago, irrespective of its
of saving themselves depth, breadth, length or dimension, and all other waters
3. When the crime is accompanied by murder, belonging to the Philippines by historic or legal title,
homicide, physical injuries or including territorial sea, sea‐bed, the insular shelves,
rape. and other submarine areas over which the
Philippines has sovereignty
Note: Qualified piracy has been categorized as a or jurisdiction.
heinous crime.
Q: What is a vessel?
Q: Is there a crime of qualified mutiny?
A: It is vessel or watercraft used for transport of
A: Yes, although Art. 123 merely refers to qualified piracy, passengers and cargo from one place to another
there is also a crime of qualified mutiny. Mutiny is through Philippine waters. It shall include all kinds
qualified under the following and types of vessels or boats used in fishing.
circumstances:
Q: What constitutes Philippine highway?
1. When the offenders abandoned the victims
without means of saving themselves; A: Philippine Highway shall refer to any road, street,
2. When mutiny is accompanied by rape, murder, passage,highway and bridges or other parts thereof or
homicide or physical injuries. railway or railroad within the Philippines used by
persons or vehicles or locomotives or trains for the
Note: The first circumstance which qualifies piracy does not movement or circulation of persons or transportation
apply to mutiny that is seizure of the vessel by boarding or of goods, articles or property or
firing upon the same. both.

Q: When piracy is committed and accompanied by Q: What is piracy?

murder, homicide, physical injuries and rape, can
these crimes be complexed with piracy? A: Piracy is any attack upon or seizure of any vessel or
the taking away of the whole or part thereof or its
A: When any of these crimes accompany piracy, there is cargo, equipment or the personal belongings of its
no complex crime. Instead, there is only one crime complement or passengers, irrespective of the value
committed – qualified piracy. Murder, rape, homicide, thereof, by means of violence against or intimidation
physical injuries are mere circumstances qualifying piracy of persons or force upon things committed by any
and cannot be punished as separate crimes, nor can they person including a passenger or member of the
be complement of said vessel, in Philippine waters, shall
complexed with piracy. be considered as piracy. The offenders shall be
considered as pirates and
Note: Qualified piracy is considered a special complex crime. punished as hereinafter provided.
It is punishable by reclusion perpetua to death regardless of
the number of victims. Q: What is highway robbery or brigandage?

Offenders are not liable for the separate crimes of murder, A: Highway Robbery/Brigandage is the seizure of any
homicide, physical injuries or rape. person for ransom, extortion or other unlawful
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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BOOK 2: Crimes Against National Security

purposes or the taking away of the property of another by

means of violence against or intimidation of persons or 2. Usurping or seizing control of an aircraft of
force upon things or other unlawful means, committed by foreign registry while within Philippine territory,
any person on compelling the pilots thereof to land in any part
any Philippine Highway. of the Philippine territory;

2. Punishable acts 3. Carrying or loading on board an aircraft

operating as a public utility passenger aircraft in
Q: What is the punishable act under P.D. 532? the Philippines, any flammable, corrosive,
explosive, or poisonous
A: It punishes the act of aiding or abetting piracy. substances;

Note: Under the present law (Article 122 as amended by R.A. 4. Loading, shipping or transporting on board a
7659 and P.D. 532) piracy may be committed in the cargo aircraft operating as a public utility in the
Philippine waters or in the high seas by any person (outsider, Philippines, any flammable, corrosive,
passenger, or member of the complement of the vessel) explosive, or poisonous substance if this was
(People v. Roger Tulin, G. R. No. 111709, done in accordance with the rules and
Aug. 30, 2001). regulations set and promulgated by the Air
Transportation Office on this matter;
Mutiny may be committed in Philippine waters or in the high
seas by members of the crew or passenger. Note: Aggravating circumstances to nos. 1 and 2:
a. When the offender has fired upon the pilot,
Q: What are the elements? member of the crew,
or
A: passenger of the aircraft;
1. A person knowingly aids or protects pirates, b. When the offender has exploded or
2. Acquires or receives property taken by such attempted to explode any bomb or
pirates, or in any manner derives any benefit explosive to destroy the aircraft;
therefrom, c. Whenever the crime is accompanied by
3. Directly and indirectly abets the commission of murder, homicide, serious physical
the piracy. injuries or rape;

Q: What is the distinction between Art. 122 and P.D. Q: What are the necessary requisites before the
532, with respect to piracy committed in Anti‐Hijacking Law or R.A. 6235 may apply?
Philippine waters?
A: The aircraft must be of Philippine registry and it
A: must be in flight.
ART. 122 P.D. 532
Art. 122 limits the No qualification as to the Q: When is an aircraft considered in flight?
offenders to non‐ criminal, hence, offender
passengers or may be a crew, a A: An aircraft is considered in flight from the moment
nonmembers of the passenger or a stranger. all exterior doors are closed following the
crew. embarkation until such time when the same doors
are again opened for disembarkation.
B. Anti‐Hijacking Law (PD 6235)
Note: This means that there are passengers that
Q: What are the punishable acts under PD 6235? boarded. The aircraft shall be deemed to be already in
flight even if its engine has not yet been started.
A:
1. Usurping or seizing control of an aircraft of Q: If the aircraft is of Philippine registry but it is not
Philippine registry while it is in flight, compelling in flight and any of the four circumstances
the pilots thereof to change mentioned under R.A. 6235 is committed, what
the course or destination of the aircraft; law applies?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 105
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

c. Coup d'etat, including acts committed by

A: The Anti‐Hijacking Law will not apply and the acts will private person
be punished accordingly under the RPC or the applicable (Art.134‐a)
special penal laws. The correlative crime may be one of d. Murder (Art.248)
grave coercion or grave threat. If somebody is killed, the e. Kidnapping and Serious Illegal
crime is homicide or murder, as the case may be. Detention (Art.267)
f. Crimes Involving Destruction
Q: If the aircraft is of foreign registry, is it required (Art.324)
that it is in flight before R.A. 6235 applies?
2. Special Penal Laws:
A: No, because aircrafts of foreign registry are considered a. The Law on Arson (P.D.1613)
in transit while they are in foreign b. Toxic Substances and Hazardous and
countries. Nuclear Waste Control Act of 1990
(R.A.6969)
Q: Is there hijacking in the attempted stage? c. Atomic Energy Regulatory
and
A: No. R.A. 6235 is a special law where the Liability Act of 1968 (R.A.5207)
attempted stage is not punishable. d. Anti‐Hijacking Law (R.A.6235)
e. Anti‐Piracy and Anti‐Highway
Q: In the course of the hijacking, a passenger or Robbery Law of 1974 (P.D. 532) and
complement was shot and killed. What crime or crimes f. Decree Codifying the Laws on Illegal and
were committed? Unlawful Possession,
Manufacture, Dealing In, Acquisition or
A: The crime remains to be a violation of the AntiHijacking Disposition of
law, but the penalty thereof shall be higher because a Firearms, Ammunitions or
passenger or complement of the aircraft had been killed. Explosives (P.D.
The crime of homicide or murder per se is not punished. 1866 as amended)

Q: What distinguishes crimes against the law of Note: The acts under special laws must:
nations from crimes against national security? i. Sow and create a condition of widespread and
extraordinary fear and panic among the populace;
A: ii. Coerce the government to give in to an unlawful
CRIMES AGAINST THE CRIMES AGAINST NATIONAL demand. (Sec. 3)
LAW OF NATIONS SECURITY
Can be tried only in the
Philippines.
Can be prosecuted
The acts against national
anywhere in the world
security may be committed
because these crimes
abroad and still be
are considered crimes
punishable under our law,
against humanity.
but it cannot be tried under
foreign law.

C. Human Security Act of 2007(R.A. 9372)

Q: What are the punishable acts of terrorism?

A: Any person who commits an act punishable under any

of the following provisions of the:
1. RPC
a. Piracy in General and Mutiny in the High
Seas or in the Philippine Waters
(Art.122)
b. Rebellion or Insurrection (Art. 134)
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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BOOK 2: Crimes Against National Security

3. Persons who conspire to commit the crime of terrorism.

Q: Who are the persons liable under this act?

A:
1. Principal – Any person who commits any of the acts under Section 3 and 4.

2. Accomplice – any person who not being a principal under Article 17 of the RPC or a
conspirator as defined under Section 4 hereof, cooperates in the execution of either
the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous
acts.

3. Accessory – any person who having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism and without having participated therein either
as principal or accomplice under Articles 17 and 18 of the RPC, takes part subsequent to its
commission in any of the following manner: a. By profiting himself or assisting the offender
to profit by the effects of the crime, b. By concealing or destroying the body of the crime
or the effects or instruments thereof in order to prevent its discovery, c. By harboring,
concealing, or assisting in the escape of the principal or conspirator of the crime.

XPN: Spouses, ascendants, descendants, legitimate, natural and adopted brothers and
sisters or relatives by affinity within the same degree.

XPN to the XPN: those falling under (a).

ACADEMICS CHAIR:LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO

II. CRIMES AGAINST THE FUNDAMENTAL LAWS

OF THE STATE (124‐133) Note: All offenses in this Title are required to be
committed by public officers, except offending the
ARBITRARY DETENTION OR EXPULSION, religious feelings.
VIOLATION OF DWELLING
PROHIBITION,INTERRUPTION, AND DISSOLUTION Q: What are the classes of arbitrary detention?
OF PEACEFUL MEETING AND CRIMES
AGAINSTRELIGIOUS WORSHIP (Arts. 124‐133) A:
1. Detaining a person without legal ground
2. Delay in the delivery of detained persons
to the proper authorities
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 107

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. Delaying release A: No. It is important, however, that the public

officer must be vested with the authority to detain
ARBITRARY DETENTION or order the detention of persons accused of a
(Art. 124) crime such as policemen and other agents of law,
judges or mayors.
Q: What are the elements of the crime of
arbitrary detention? Note: In arbitrary detention, the offender is a public
officer whose functions have something to do with
A: the protection of life and/or property and
maintenance of peace and order. Thus, if the one,
1. Offender is a public officer or employee
who arrests another without legal ground, is without
2. He detains a person
authority to do so, like a clerk in the Office of the
3. Detention is without legal grounds. Central Bank Governor, arbitrary detention is not the
proper charge but illegal detention.
Q: When is a person considered in detention?
Q: Can a barangay chairman be guilty of this
A: A person is detained when he is placed in crime?
confinement or there is restraint on his person.
A: Yes. He has authority, in order to maintain peace
Q: Can there be arbitrary detention even if the and order, to cause the arrest and detention of a
victims were not kept in an enclosure? person. (Boado, 2008)

A: Yes. The prevailing jurisprudence on kidnapping Q: Can private individuals be held liable for
and illegal detention is that the curtailment of the arbitrary detention?
victim’s liberty need not involve any physical
restraint upon the victim’s person. If the acts and A: Yes, if they conspired with such public officers.
actuations of the accused can produce such fear in
the mind of the victim sufficient to paralyze the Q: What are the legal grounds for the detention
latter, to the extent that the victim is compelled to
of persons without which a public officer may be
limit his own actions and movements in
held liable?
accordance with the wishes of the accused, then
the victim is, for all intent and purposes, detained
A:
against his will. (Benito Astorga v. People, G.R. No.
GR:
154130,
1. Commission of a crime
Oct. 1, 2003)
2. Violent insanity or other ailment
requiring compulsory confinement of the
Q: When is detention said to be without legal
patient in a hospital
grounds?
3. When the person to be arrested is an
escaping prisoner
A: The detention of a person is without legal
ground:
XPN: When the peace officers acted in good
1. When he has not committed any crime or,
faith even if the 3 grounds mentioned above
at least, there is no reasonable ground for
are
suspicion that he has committed a crime.
not obtaining, there is no arbitrary
detention.
XPN: A valid warrantless arrest (Sec.5,
Rule 113, Revised Rules of Court).
Illustration:

2. When he is not suffering from violent 2 BIR secret agents, strangers in the municipality
insanity or any other ailment requiring who were spying the neighborhood of the market
compulsory confinement in a hospital. place and acting generally in a manner calculated
to arouse the suspicion of any one not advised as
Q: Is it necessary that the public officer be a police to their duty, were arrested by policemen of the
officer for him to be held liable for arbitrary town. The Supreme Court held that the police
detention? officers acted in good faith and cannot be held

CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
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BOOK 2: Crimes Against Fundamental Laws of The State

liable for arbitrary detention. (U.S v. Batalliones, The principal offender The principal offender is a
23 must be a public officer. private person.
Phil. 46)
The offender who is a The offender, even if he is
public officer has a duty a public officer, does not
Q: May arbitrary detention be committed through which carries with it the include as his function
simple negligence? authority to detain a the power to arrest and
person. detain a person.
A: Yes, as when a prisoner was released by a judge
but the police officer believing that the order is Q: If the public officer who effected the arrest has
illegal, re‐arrested the prisoner and put him back in no such authority to detain a person, what crime
jail. can he be made liable for?

Note: In arbitrary detention, the law does not fix any A: If the offender does not have the authority to
minimum period of detention. detain a person or to make such arrest, the crime
committed by him is illegal detention. A public
The penalty for arbitrary detention depends upon the officer who is acting outside the scope of his official
period involved. A greater penalty is imposed if the duties is no better than a private citizen.
period is longer.
Q: What are the distinctions between arbitrary
Q: Can arbitrary detention be committed thru detention and unlawful arrest?
imprudence?
A:
A: The crime of arbitrary detention can be
ARBITRARY
committed through imprudence. UNLAWFUL ARREST
DETENTION
The offender is a
Illustration:
public officer
possessed with The offender may be any person.
A police officer re‐arrests a woman who had been authority to make
released by means of verbal order of the judge. arrests.
The police officer acted without malice, but did
not verify the order of release before proceeding The purpose is to accuse the
The purpose for offended party of a crime he did
to make the re‐arrest. He is liable for arbitrary
detaining the not commit, to deliver the
detention through simple imprudence.
offended party is person to the proper authority,
to deny him of his and to file the necessary charges
Q: What are the forms of illegal detention? liberty. in a way trying to incriminate
him.
A:
1. Detaining a person without legal grounds Note: The crime of unlawful arrest is, however,
2. A legal ground exists but the arrest was absorbed in the crime of arbitrary detention.
made without a warrant, and the public
officer does not deliver the arrested Q: X, a police officer, falsely imputes a crime
person to the proper judicial authority against A to be able to arrest him but he appears
within the period of 12, 18, or 36 hours, to be not determined to file a charge against him.
as the case may be What crime, if any, did X commit?
3. Delaying release by competent authority
with the same period mentioned in A: The crime is arbitrary detention through
number 2. unlawful arrest. (Boado, 2008)

Q: What are the distinctions between arbitrary Q: Suppose X planted evidence to effect the
detention and illegal detention? arrest,
what crime, if any, is committed?

A: A: It is arbitrary detention through incriminating

ARBITRARY DETENTION ILLEGAL DETENTION innocent persons.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 109
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

punished by light, correctional or afflictive penalty

or their equivalent.

DELAY IN THE DELIVERY OF DETAINED PERSONS

TO THE PROPER JUDICIAL AUTHORITY
(Art. 125)
does not mean physical delivery or turnover of
arrested person to the court.

Q: What is meant by proper judicial authorities?

Q: What are the elements of this crime?
A: It refers to the courts of justice or judges of said
A: courts vested with judicial power to order the
1. Offender is a public officer or employee temporary detention or confinement of a person
2. He has detained a person for some legal charged with having committed a public offense. ground
3. He fails to deliver such person to the Q: If a person is arrested pursuant to a warrant of proper judicial
authorities within: arrest, within what period should a police officer a. 12 hours for crimes/offenses
turn over the arrested person to the judicial punishable by light penalties or their authority?
equivalent;
b. 18 hours for crimes/offenses A: There is no time limit specified except that the punishable by
correctional penalties return must be made within a reasonable time. The or their equivalent; period
fixed by law under Art. 125 does not apply c. 36 hours for crimes/offenses because the arrest was made
by virtue of warrant punishable by afflictive penalties or of arrest.
their equivalent.
Q: Should the person arrested without a warrant
Q: What are the circumstances considered in opt to avail his right to a preliminary investigation, determining
liability of officer detaining a person what must he execute? beyond legal period?
A: Under the Revised Rules of Court, he should
A: waive in writing his rights under Art. 125.
1. The means of communication
2. The hour of arrest Note: Waiver must be under oath and with the
3. Other circumstances such as the time of Q: What is meant by delivery?
surrender and material possibility of the
fiscal to make the investigation and file in A: Delivery means the filing of correct information
time the necessary information. or complaint with the proper judicial authorities. It
assistance of counsel
Q: What situations are contemplated by Art. 125?
Q: What is the length of waiver?
A: Art. 125 contemplates a situation where arrest
was made without a warrant but there exists a A:
legal ground for the arrest. It does not apply when 1. Light offense‐ 5 days
the arrest is on the strength of a warrant of arrest, 2. Serious and less serious offenses ‐7 to 10
because in the latter case, a person arrested can be days
detained indefinitely until his case is decided by
the Q: What if the person arrested does not want to
court or he posts bail for his temporary release. waive his rights under Art. 125?

Q: Under Art. 125, when does the detention A: The arresting officer will have to comply with
becomes arbitrary? Art. 125 and file the case immediately in court
without
A: The detention becomes arbitrary when the preliminary investigation.
period thereof exceeds 12, 18 or 36 hours as the
case may be, depending on whether the crime is Note: The filing of the information in court beyond
the specified period does not cure illegality of
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
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BOOK 2: Crimes Against Fundamental Laws of The State

detention hence detaining officer is still liable for a. Service of notice of such order to
under Art. 125. Neither does it affect the legality of the prisoner, or
the confinement under process issued by the court. b. Performance of such judicial or
executive order for the release of
Q: What is the difference between delay in the the prisoner, or
delivery of detained persons (Art. 125) and c. Proceedings upon a petition for the
arbitrary detention (Art. 124)? release of such person.

A Note: The prisoners could be prisoners by final

: judgment or detention prisoners.
DELAY IN THE DELIVERY OF ARBITRARY
DETAINED PERSONS DETENTION Wardens and jailers are the officers most likely to
The detention is legal at The detention is violate this provision.
the
EXPULSION
DELAYING RELEASE (Art. 127)
(Art. 126)
Q: What are the punishable acts?

outset but becomes arbitrary illegal at the very A:

when the detention exceeds inception because GR:
any of the periods of time of the absence of 1. Expelling a person from the Philippines
specified in Art. 125, without lawful cause for
2. Compelling a person to change his
the person detained such arrest.
residence.
having been charged
before the proper judicial
XPN: In cases of ejectment, expropriation or
authority.
when penalty imposed is destierro.
Q: What are the punishable acts?
Q: What are the elements of expulsion?
A:
1. Delaying the performance of judicial or
A:
executive order for the release of a
1. Offender is a public officer or employee
prisoner
2. He either:
a. Expels any person from
2. Unduly delaying the service of the notice the
of such order to said prisoner
Philippines
b. Compels a person to
3. Unduly delaying the proceedings upon change residence
any petition for the liberation of such 3. Offender is not authorized to do so by
person. law

Q: What are the elements of delaying release? Q: What is the essence of the crime of expulsion?

A: A: The essence of this crime is coercion but it is

1. Offender is a public officer or employee specifically termed expulsion when committed by a
public officer.
2. There is a judicial executive order for the
release of the prisoner or detention Q: If any of the punishable acts under Art. 127 is
prisoner, or that there is a proceeding committed by a private person, what crime can
upon a petition for the liberation of such he be made responsible for?
person
A: Grave coercion
3. Offender without good reason delays:

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 111
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: X, the mayor of City of Manila wanted to make

the city free from prostitution. He ordered certain Note: In the third mode, what is punished is
prostitutes to be transferred to Davao, without the refusal to leave, the entry having been
observing due process. What is the crime made surreptitiously.
committed by X?
Q: What are the common elements?
A: Expulsion. (Villaviciencio v. Lucban, G.R No. L
14639, Mar. 25, 1919) A:
1. Offender is public officer or employee;
Q: What is the crime committed if aliens are
deported without an order from the President or 2. He is not authorized by judicial order to
the Commissioner of Immigration and enter the dwelling and/or to make a
Deportation after due proceedings? search for papers and for other effects.

A: Expulsion. Q: How is the crime of violation of domicile

committed?
Note: Only the courts by a final judgment can order a
person to change his residence. A: Violation of domicile is committed by a public
officer authorized to implement a search warrant
Pursuant to Sec. 69 of the Revised Administrative or warrant of arrest but at the time of incident, he
Code, only the President of the Philippines is vested is not armed with warrant.
with authority to deport aliens.
Q: Suppose the public officer is not authorized to
Q: What crime is committed when a Filipino who, execute search warrants and warrants of arrests,
after voluntarily leaving the country, is illegally what crime can he be liable for?
refused re‐entry by a public officer?
A: Qualified trespass to dwelling (Art. 280, RPC).
A: Expulsion, because it is considered a victim of
being forced to change his address. Q: Suppose the punishable acts under Art. 128 are
committed by a private person, what crime did he
VIOLATION OF DOMICILE commit?
(Art. 128)
A: Trespass to dwelling.
Q: What are the modes of committing this crime?
Q: If a public officer searches a person outside his
A: dwelling, not armed with a search warrant or a
1. First mode: Entering any dwelling against warrant of arrest, are the provisions of Art. 128
the will of the owner thereof applicable?

Note: In the first mode, lack of consent A: No, because the papers and other effects
would not suffice as the law requires that mentioned in Art. 128 must be found in dwelling.
the offender’s entry must be over the The crime committed is grave coercion, if violence
owner’s objection, express or implied. and intimidation are used (Art. 286), or unjust
vexation, if there is no violence or intimidation
2. Second mode: Searching papers or other (Art.
effects found therein without the 287).
previous consent of such owner
Q: Are the provisions under Art. 128 applicable if
Note: In the second mode, mere lack of the occupant of the premises is not the owner?
consent is sufficient.
A: Yes, it would be sufficient if the inhabitant is
3. Third mode: Refusing to leave the lawful occupant using the premises as his dwelling,
premises after having surreptitiously although he is not the property owner.
entered said dwelling and after having
been required to leave the same Q: What are the qualifying circumstances under
CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Fundamental Laws of The State

Art. 128? A: It is an order in writing, issued in the name of

the People of the Philippines, signed by a judge
A: and directed to a peace officer, commanding him
1. If committed at night time to search for personal property described therein
and
2. If any papers or effects not constituting bring it before the court.
evidence of a crime are not returned
immediately after the search is made by Note: A search warrant shall be valid for ten days
the offender. from its date.

Q: What is the meaning of against the will of the Q: What is the requisite for the issuance of search
owner? warrant?

A: It presupposes opposition or prohibition by the A: A search warrant shall not issue except upon
owner, whether express or implied, and not merely probable cause in connection with one specific
the absence of consent. offense to be determined personally by the judge
after examination under oath or affirmation of the
Note: If the surreptitious entry had been made complainant and the witnesses he may produce,
through an opening not intended to that purpose, the and particularly describing the place to be
offender would be liable under the first mode since it searched and the things to be seized which may be
is entry over the implied objection of the inhabitant. anywhere in the Philippines. (Sec. 4, Rule 126,
Revised Rules of
WARRANTS MALICIOUSLY OBTAINED AND Criminal Procedure)
ABUSE
IN THE SERVICE OF THOSE LEGALLY OBTAINED Q: What is the test for lack of just cause?
(Art. 129)
A: Whether the affidavit filed in support of the
Q: What are the punishable acts? application for search warrant has been drawn in
such a manner that perjury could be charged
A: thereon and affiant be held liable for damages
1. Procuring a search warrant without just caused.
cause.
Q: What is the effect if the search warrant is
Elements: secured through a false affidavit?
a. That the offender is a public officer
or employee A: The crime punished by this article cannot be
b. That he procures a search warrant complexed but will be a separate crime from
c. That there is no just cause perjury, since the penalty herein provided shall be
“in addition” to the penalty of perjury.
2. Exceeding his authority or by using
unnecessary severity in executing a Q: When is a search warrant considered illegally
search warrant legally procured obtained?

Elements: A: When a search warrant was procured without a

a. That the offender is a public officer probable cause.
or employee
b. That he has legally procured a SEARCHING DOMICILE WITHOUT WITNESSES
search warrant (Art. 130)
c. That he exceeds his authority or
uses unnecessary severity in Q: What are the elements of this crime?
executing the same
A:
Q: What is a search warrant? 1. Offender is a public officer or employee

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 113
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. He is armed with search warrant legally A:

procured

3. He searches the domicile, papers or

other belongings of any person

4. Owner or any member of his family, or

two witnesses residing in the same Note: The papers or other belongings must be in the
locality are not present. dwelling of the owner at the time the search is made.

Note: In crimes under Art. 129 and 130, the Art. 130 does not apply to searches of vehicles and
search is made by virtue of a valid warrant, but other means of transportation.
the warrant notwithstanding, the liability for the
crime is still incurred through the following
PROHIBITION, INTERRUPTION AND
situations:
DISSOLUTION
OF PEACEFUL MEETINGS
1. Search warrant was irregularly obtained
2. The officer exceeded his authority under (Art. 131)
the warrant
3. When the public officer employs Q: What are the punishable acts?
unnecessary or excessive severity in the
implementation of the search warrant A:
4. Owner of dwelling or any member of the 1. Prohibiting or interrupting, without legal
family was absent, or two witnesses ground, the holding of a peaceful
residing within the same locality were not meeting, or by dissolving the same
present during the search
2. Hindering any person from joining any
Q: What is the order of those who must witness lawful association or from attending any
the search? of its meetings

A: 3. Prohibiting or hindering any person from

1. Homeowner addressing, either alone or together with
2. Members of the family of sufficient age others, any petition to the authorities for
and discretion correction of abuses or redress of
3. Responsible members of the community grievances.

Q: Suppose, X, a suspected pusher lives in a

condominium unit. Agents of the PDEA obtained Q: What are the common elements?
a search warrant but the name of person in the
search warrant did not tally with the address A:
indicated therein. Eventually, X was found but in 1. Offender is a public officer
a different address. X resisted but the agents 2. He performs any of the acts mentioned
insisted on the search. Drugs were found and above
seized and X was prosecuted and convicted by the
trial court. Is the search valid? Q: To be held liable under Art. 131, is it necessary
that the offender be a stranger, not a participant
A: No, because the public officers are required to of a meeting that has been interrupted and
follow the search warrant by the latter. They have dissolved?
no discretion on the matter.
A: Yes. If the offender is a participant of the
Q: Compare Art. 128 with Arts. 129 and 130. meeting, he is liable for unjust vexation

Note: Interrupting and dissolving the meeting of

ART. 128 ARTS. 129 AND 130 municipal council by a public officer is a crime against
The public officer is armed with a a legislative body not punished under Art. 131, but
The public
warrant but it was maliciously
officer is not
CRIMINAL LAW TEAM: armed with a obtained or even if it was issued
regularly, there was abuse in the
warrant.
implementation
RICO SEBASTIAN D.thereof.

2
ADVISER: JUDGE LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Fundamental Laws of The State

under Art . 143 (Acts Tending to Prevent the Meeting Q: What are the distinctions between Prohibition,
of the Assembly and Similar bodies) and Art. 144 Interruption, or Dissolution of Peaceful Meetings
(Disturbance of Proceedings). under Art. 131 and Tumults and other
Disturbances, under Art. 153?
If the offender is a private individual, the crime is
disturbance of public order under Art. 153. A
:
Q: Is the right to peaceful assembly absolute? ART. 131 ART. 153
The public officer is not a The public officer is a
A: The right to peaceful assembly is not absolute. It participant. As far as the participant of the
may be regulated in order that it may not be gathering is concerned, assembly.
injurious to the equal enjoyment of others having the public officer is a
equal rights, nor injurious to the right of the third party.
community or society.
INTERRUPTION OF RELIGIOUS WORSHIP
Q: In requiring a permit before any meeting or (Art. 132)
assembly is held, can it be construed as
preventing peaceful assemblies?
The offender must be The offender need not be
public officer. in public office
A: No, the permit requirement shall be in exercise
only of the government’s regulatory powers and Q: What are the elements of this crime?
not really to prevent peaceful assemblies. This
requirement is legal as long as it is not being A:
exercised as a prohibitory power. 1. Offender is a public officer or employee
2. Religious ceremonies or manifestations
Q: If the application for the permit to peaceably of any religious are about to take place
assemble is arbitrarily denied, what crime is or are going on
committed? 3. Offender prevents or disturbs the same

A: The crime committed is prohibition to peaceably Note: Qualified by violence or threats.

assemble in accordance with Art. 131.
If the prohibition or disturbance is committed only in
Q: Suppose, the officer would not give the permit a meeting or rally of a sect, it would be punishable
under Art. 131. E.g. reading of Bible and then
unless the meeting is held in particular place
attacking certain churches in public plaza.
which he dictates and such place defeats the
exercise of the rights to peaceably assemble, is
Religious worship includes people in the act of
Art. 131 violated?
performing religious rites for religious ceremony or
manifestation of religion. E.g. mass, baptism and
A: Yes. marriage ceremony.

Note: Meeting must be peaceful and there must be Q: X, a private person, boxed a priest while the
no ground for prohibiting, dissolving, or interrupting priest was giving homily and maligning a relative
that
of X. Is X liable under Art 131?
meeting.

A: No, because X is a private person. He may be

Q: What are the tests for determining whether
liable under Art. 133
there is a violation of Art. 131?
OFFENDING THE RELIGIOUS FEELINGS
A:
(Art. 133)
1. Dangerous Tendency Rule
2. Clear and Present Danger Rule
Q: What are the elements of this crime?
A:
1. Acts complained of were performed:

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 115
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

a. In a place devoted to religious authority within 3 days counted from the

worship (not necessary that there is moment of the arrest.
religious worship)
b. During the celebration of any Note: Anti‐terrorism law amended Art. 125 of the
religious ceremony RPC insofar as terrorism and conspiracy to commit
terrorism are concerned.
2. Acts must be notoriously offensive to the
feelings of the faithful. XPN: In the event of an actual or imminent
terrorist attack, suspects may be detained for
Note: Art. 133 is the only crime against the more than 3 days upon the written approval
fundamental law of the State that may be committed of:
not only by public officer but also by a private person. 1. Municipal, city, provincial or
regional official of a
Q: What are the religious ceremonies covered by Human Rights
Arts. 132 and 133? Commission or
2. Judge of the Municipal, RTC, the
A: Religious ceremonies covered are those religious Sandiganbayan or
acts performed outside of a church, such as 3. A justice of the CA nearest the place
procession and special prayers for burying person. of the arrest. (Sec. 19)

Note: If committed in a place devoted to religious Note: If the arrest is made during Saturdays, Sundays,
purpose, there is no need for an ongoing ceremony. holidays or after office hours, the arresting police or
law enforcement personnel shall bring the person
Q: When is an act considered notoriously thus arrested to the residence of any of the officials
offensive? mentioned above. The written approval of any of said
officials shall be secured within 5 days after the date
of detention. Provided that within 3 days after the
A: When the act is directed against religious date of detention of the suspects, whose connection
practice or dogma or ritual for the purpose of with the terror attack or threat is not established,
ridicule, as mocking or scoffing at or attempting to shall be released immediately.
damage an object of religious veneration.
B. Anti‐Torture Act (R.A. 9745)
Note: Offense of feeling is judged from complainant’s
point of view.
Q. What are the punishable acts under
AntiTorture Act or RA. 9745?
There must be deliberate intent to hurt the feelings of
the faithful, mere arrogance or rudeness is not
enough. A. Physical torture is a form of treatment or
punishment inflicted by a person in authority or
Q: May the crime be committed by a public officer agent of a person in authority upon another in
or a private individual? his/her custody that causes severe
pain, exhaustion, disability or dysfunction
of one or more parts of the body, such as:
A: Yes. The offender can be any person.

A. Human Security Act of 2007 (R.A. 9372) 1. Systematic beating, headbanging,

punching, kicking, striking with
Q: What is the period of detention without truncheon or rifle butt or other similar
judicial warrant of arrest? objects, and jumping on the stomach

A: 2. Food deprivation or forcible feeding with

GR: Notwithstanding Art. 125 of RPC , any spoiled food, animal or human excreta
police of law enforcement personnel who has and other stuff or substances not
taken custody of a person charged or normally eaten
suspected of the crime of terrorism or
conspiracy to commit terrorism shall deliver 3. Electric shock
said charged person to the proper judicial

CRIMINAL LAW TEAM:

2
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 2: Crimes Against Fundamental Laws of The State

4. Cigarette burning; burning by electrically

heated rods, hot oil, acid; by the rubbing 2. Threatening a person(s) or his/her
of pepper or other chemical substances relative(s) with bodily harm, execution or
on mucous membranes, or acids or other wrongful acts
spices directly on the wound(s)
3. Confinement in solitary cells or secret
5. The submersion of the head in water or detention places
water polluted with excrement, urine,
vomit and/or blood until the brink of 4. Prolonged interrogation
suffocation
5. Preparing a prisoner for a “show trial”,
6. Being tied or forced to assume fixed and public display or public humiliation of a
stressful bodily position detainee or prisoner

7. Rape and sexual abuse, including the 6. Causing unscheduled transfer of a person
insertion of foreign bodies into the sex deprived of liberty from one place to
organ or rectum, or electrical torture of another, creating the belief that he/she
the genitals shall be summarily executed

8. Mutilation or amputation of the essential 7. Maltreating a member/s of a person’s

parts of the body such as the genitalia, family
ear, tongue, etc.
8. Causing the torture sessions to be
9. Dental torture or the forced extraction of witnessed by the person’s family,
the teeth relatives or any third party

10. Pulling out of fingernails

11. Harmful exposure to the elements such

as sunlight and extreme cold

12. The use of plastic bag and other

materials placed over the head to the
point of asphyxiation

13. The use of psychoactive drugs to change

the perception, memory, alertness or will
of a person, such as: (i) the
administration of drugs to induce
confession and/or reduce mental
competency; or (ii) the use of drugs to
induce extreme pain or certain
symptoms of a disease

14. Other analogous acts of physical torture

B. Mental/Psychological torture refers to

acts committed by a person in authority or agent of
a person in authority which are calculated to affect
or confuse the mind and/or undermine a person’s
dignity and morale, such as:

1. Blindfolding
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 117
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Against Fundamental Laws of The State

9. Denial of sleep/rest instruments

thereof in order to
10. Shame infliction such as stripping the prevent its
person naked, parading him/her in public discovery; or
places, shaving the victim’s head or putting
marks on his/her body against his/her will c. By harboring,
concealing
11. Deliberately prohibiting the victim to or assisting
communicate with any member of his/her in the escape of the
family; and principal/s in the act
of torture or other
12. Other analogous acts of cruel, inhuman and
mental/psychological torture (Sec.4) degrading
treatment
Q. Who are punished under Anti‐Torture Act? or
punishment:
A: Provided, that the
accessory acts are
1. Any person who actually participated or done with the abuse
induced another in the commission of of the official’s public
torture or other cruel, inhuman and function.
degrading treatment or punishment or who
cooperated in the execution of the act of
torture by previous or simultaneous acts
shall be liable as principal.

2. Any superior military, police or law

enforcement officer or senior government
official who issued an order to a lower
ranking personnel to subject a victim to
torture or other cruel, inhuman and
degrading treatment or punishment for
whatever purpose shall be held equally
liable as principal. Any public officer or
employee shall be liable as an accessory if
he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or
punishment is being committed and without
having participated therein, either as
principal or accomplice takes part
subsequent to its commission in any of the
following manner:

a. By themselves profiting from or

assisting the offender to profit
from the effects of the act of
torture or other cruel, inhuman
and degrading treatment

b. By concealing the act of torture or

other cruel, inhuman and
degrading treatment
or punishment and/or
destroying the effects of
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 118

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Against Public Order

b. Deprive the
Chief Executive
or
Congress, wholly or
partially, of any
of their powers or
prerogative.

Note: The use of unlicensed firearm is

absorbed in the crime of rebellion if used in
furtherance of or incident to, or in
connection with the crime of rebellion, or
insurrection, or sedition. (Sec.1
III. CRIMES AGAINST PUBLIC ORDER (134‐159)
If the act is to deprive the Judiciary of its
ACADEMICS CHAIR:LESTER JAY ALAN II power or prerogatives, the
V ICE FOR ACADEMICS: KAREN SABUGO crime committed is
sedition.
REBELLION, COUP D’ETAT, SEDITION AND
DISLOYALTY
Q: What is the essence of the crime of
rebellion?
Q: What are political crimes?

A: The essence of rebellion is public

A: Those that are directly aimed against the political
uprising and the taking of arms. It aims to
order, as well as such common crimes as may be
overthrow the duly constituted
committed to achieve a political purpose. The decisive
government. It is generally carried out
factor is the intent or motive.
by civilians.
Note: Killing, robbing, etc, for private purposes or profit
without any political motivation would be separately Note: If there is no public uprising, the
punished and would not be absorbed in the rebellion. crime is direct assault.
(People v. Geronimo, G. R. No. 176268, March 10, 2008) Q: What is the nature of the crime of
rebellion?
REBELLION AND INSURRECTION
(Art. 134) A: Rebellion is a crime of the masses. It
requires a multitude of people. It is vast
Q: What are the elements of this crime? movement of men
and a complex network of intrigues and
plots.
A:
1. There be:
Q: Who are liable for rebellion?
a. Public uprising, and
b. Taking arms against government
A: The persons liable for rebellion are the
leaders and their followers.
2. Purpose of the uprising or movement is
either to –
Illustration:

a. Remove from the allegiance to said

The acts of accused who is not a
Government or its laws:
member of the HUKBALAHAP
i. The territory of the organization of sending cigarettes and
Philippines or any part food supplies to a Huk leader; the
thereof; or changing of dollars into pesos for a top
ii. Any body of land, naval or level communist; and the helping of
other Huks in opening accounts with the bank
armed forces; or

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 119
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

which he was an official, do not constitute rebellion.

(Carino v. People, 7 SCRA 900) Note: Mere giving of aid or comfort is not
criminal in the case of rebellion. There must
In one case, accused not only confessed his membership be an actual participation. Hence, mere
with the Sparrow Unit but also his participation and that silence or omission of public officer is not
of his group in the killing of policeman Manatad while the punishable in rebellion.
latter was manning the traffic in Mandaue City. It is of
judicial notice that the Sparrow Unit is the liquidation Q: What are the distinctions between
squad of the New People’s Army with the objective of rebellion and subversion?
overthrowing the duly constituted government. It is
therefore not hard to comprehend that the killing of
A:
Manatad was committed, as a means to, or in
furtherance of, the subversive ends of the NPA. The
crime committed is rebellion, not murder with direct
assault (People v. Dasig, 221 SCRA 549)

Q: What is the difference between rebellion and

insurrection?
Q: On May 5, 1992, at about 6:00 a.m.,
A: while Governor Alegre of Laguna was on
REBELLION INSURRECTION board his car traveling along the
The movement seeks merely National Highway of Laguna. Joselito
The object of the
to effect some change of and Vicente shot him on the head
movement is
minor importance, or to resulting in his instant death. At that
completely to
prevent the exercise of time, Joselito and Vicente were
overthrow and
governmental authority with members of liquidation squad of the
supersede the
respect of particular matters New People’s Army and they killed the
existing government.
of subjects. governor upon orders of their senior
officer Commander Tiago. According to
Q: What are the distinctions between rebellion Joselito and Vicente, they were ordered
and sedition? to kill Governor Alegre because of his
A: corrupt practices. If you were the
REBELLION SEDITION prosecutor, what crime will you charge
There must be taking Joselito and Vicente?
It is sufficient that public
up of arms against
uprising be tumultuous.
the government. A: If I were the prosecutor, I would
Purpose may be political or charge Joselito and Vicente with the
Purpose is always crime of rebellion, considering that the
social, that is merely to go
political, that is killers were members of the liquidation
against the established
to overthrow the squad of the NPA and the killing was
government not to
government. upon orders of their commander; hence,
overthrow it.
Q: What are the distinctions between rebellion and politically‐motivated. This was the ruling
treason? in People v. Avila, SCRA 1568, involving
identical facts which is a movement
A: taken judicial notice of as engaged in
REBELLION TREASON rebellion against the
The uprising is against the The levying of war is done Government.
government. to aid the enemy.
The purpose is to Note: Crimes done for private purposes
The purpose is to deliver without political motivation should be
substitute the existing
the government to the separately punished.
government with
enemy.
another.
Rebellion is a continuing crime along with
the crime of
conspiracy or proposal to commit rebellion.

CRIMINAL LAW TEAM:

REBELLION SUBVERSION

3 Crime Aagainst
DVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
Crime against public national
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
order. security.
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
There must be public Being officers and ranking
3
SAIPUDIN , ADRIAN VALBUENA
uprising to overthrow members of subversive
the government. groups constitute subversion.
0
BOOK 2: Crimes Against Public Order

In rebellion, it is not a defense that the accused never took A: The principal offenders are members
the oath of allegiance, or that they never recognized the of the AFP or of the PNP organization or a
government. public officer with
or without civilian support.
COUP D’ETAT
(134‐A) Q: What are the distinctions between
coup d’etat and rebellion?
Q: What are the elements of this crime?
A:
1. Offender is a person or persons belonging to COUP D’ETAT REBELLION
military or police or holding any public Essence is a swift attack against
office or employment the government, its military
Essence of the
camp or installations,
crime is public
communication network and
2. It is committed by means of a swift attack uprising and taking
public facilities and utilities
accompanied by violence, intimidation, up arms against the
essential to the continued
threat, strategy or stealth exercise of governmental government.
powers.
3. Attack is directed against duly constituted Requires a public
authorities of the Republic of the Philippines or May be carried out singly or uprising, or
any military camp or installation, simultaneously. multitude of
communication networks, public utilities or people.
other facilities needed for the exercise and Offenders need to
continued possession of power Principal offenders must be be committed by
members of the military, the uniformed
4. Purpose of the attack is to seize or diminish national police or public officer, personnel of the
state power with or without civilian support. military or the
police.
Note: The use of unlicensed firearm is absorbed in the crime The purpose is
of rebellion if used in furtherance of or incident to, or in The purpose is merely to
to overthrow
connection with the crime of attempted coup paralyze the existing
the existing
d’etat. government.
government.
A:
Q: What is the essence of the crime of coup d’etat?

A: The essence of the crime is a swift attack upon the

facilities of the Philippine government, military camps and
installations, communication networks, public utilities and
facilities essential to the
continued possession of governmental powers.

Q: What is the objective of coup d’etat?

A: The objective of coup d’etat is to destabilize or paralyze

the government through the seizure of facilities and
utilities essential to the continued
possession and exercise of governmental powers.

Q: How is coup d’etat carried out?

A: It may be carried by force or violence or through,

stealth, threat, or strategy.

Q: Who are the principal offenders of coup d’etat?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 121
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VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: State power includes the executive, legislative and commit it.
judicial power.
Q: When can there be proposal to
PENALTY FOR REBELLION OR INSURRECTION OR commit rebellion?
COUP D’ETAT
(Art. 135) A: There is proposal to commit rebellion
when the person who has decided to rise
Q: Who are the persons liable for rebellion, insurrection publicly and take arms against the
or coup d’etat? government for any of the purposes of
rebellion proposes its execution to
1. Leader – some other person or persons.
a. Any person who promotes, maintains, or
heads a rebellion or insurrection Q: Is advocacy to communism
b. Any person who leads, directs, or tantamount to
commands others to undertake a coup conspiracy to commit rebellion?
d’etat
A: No, because mere advocacy of theory
2. Participants – or principle is insufficient to constitute
a. Any person who participates or executes conspiracy to commit rebellion unless the
the commands of others in advocacy is converted
rebellion, or insurrection into action.

b. Any person in the Note: The mere fact of giving and rendering
government service who participates, speeches favoring communism would not
or executes directions or commands of make the accused guilty of conspiracy, if
there is no evidence that the hearers then
others in
and there agreed to rise up in arms against
undertaking a coup d’etat
the government.

c. Any person not in the government service DISLOYALTY OF PUBLIC OFFICER AND
who participates, supports, finances, abets, EMPLOYEES
or aids in undertaking a coup d’etat. (Art. 137)

Note: The crime of coup d’etat may be committed with or Q: What are the punishable acts in the
without civilian participation. crime of disloyalty of public
officers/employees?
Q: Who shall be deemed the leader of the rebellion,
insurrection or coup d’etat in case he is unknown? A:
1. Failing to resist a rebellion by
A: Any person who in fact: all means in their power
1. Directed the others
2. Spoke for them 2. Continuing to discharge the
3. Signed receipts and other documents issued in duties of their offices under the
their name control of the rebels
4. Performed similar acts on behalf of the rebels

CONSPIRACY AND PROPOSAL TO COMMIT

REBELLION OR INSURRECTION PROPOSAL TO COMMIT
(Art. 136) INCITING TO REBELLION
REBELLION
Q: When is there conspiracy to commit rebellion? It is not required that the The person who proposes
offender has decided to has decided to commit
A: There is conspiracy to commit rebellion when two or commit rebellion. rebellion.
more persons come to an agreement to rise publicly and The person who proposes
take arms against the government for any of the purposes The act of inciting is done
the execution of the crime
of rebellion and decide to publicly
uses secret means.
CRIMINAL LAW TEAM:
The offender induces another to commit rebellion.
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. The crime
HEADSof
: Arebellion
NNA FE ABADshould
& PAUL Rnot
OMEObe actually

3
SUBJECT
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL committed by the persons to whom it is proposed or
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, Fwho are incited.
AYE ANGELA If theyRcommit
PASCUA, ANTHONY rebellion because of
OBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA the proposal or inciting, the proponent or the one
inciting may become a principal by inducement in the
crime of rebellion.
0
BOOK 2: Crimes Against Public Order

Note: The offender must be a public officer or 2. They employ force,

employee and there must be an actual rebellion intimidation or other means
outside of legal methods
Offender must not be in conspiracy with the rebels.
Otherwise, the crime they commit is rebellion. 3. Offenders employ any of those
means to attain any of the
INCITING TO REBELLION OR INSURRECTION following objects to:
(Art. 138)
a. Prevent the promulgation
Q: What are the elements of the crime of inciting to or execution of any law or
rebellion/insurrection? the holding of any popular
election
A: b. Prevent the national
1. Offender does not take arms or is not in open government, or any public
hostility against the government officer from freely
exercising its or his
2. He incites others to the execution of any of the functions, or prevent the
acts of rebellion execution of any
administrative order
3. Inciting is done by means of speeches, c. Inflicting any act of hate or
proclamations, writings, emblems, banners, or revenge of any person or
other representations tending to the same end property of any public
officer or employee
Note: Inciting must have been intentionally calculated to d. Commit, for any political
induce others to commit rebellion. or social end, any act of
hate or revenge against
Q: What is the difference between inciting to private persons or any
rebellion and proposal to commit rebellion? social cases
e. Despoil, for any political or
A: social end any person,
municipality or province,
or the National
Government of all its
property or any part
thereof

Note: The offender may be a public or

private person.

The use of unlicensed firearm is absorbed in

the crime of rebellion if used in furtherance
of or incident to, or in connection with the
crime of sedition.

Q: Does the crime of sedition

SEDITION contemplate rising
(Art. 139) up of arms against government?

Q: What are the elements of the crime of sedition? A: A: No, the purpose of the offenders in
1. Offender rise rising publicly is merely to create
commotion and disturbance by way of
protest to express their dissent and
a. Publicly, and
disobedience to the government or to
b. Tumultuously
the authorities concerned.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 123
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: The objective of sedition is not always against the Q: What are tumultuous acts?
government, its property or officer. It could be against a
private person or social class. A: Acts are considered tumultuous if
caused by more than 3 persons who are
Q: What is the difference between sedition and armed or provided with the means of
treason? violence.

A: Q: What differentiates sedition from

SEDITION TREASON crime of
Sedition involves There is no public tumults and other disturbance of public
disturbance of public uprising. order?

A:
order resulting from
tumultuous uprising.

Q: What is the crime committed if there

is no
public uprising?

A: If the purpose of the offenders is to

TUMULTS AND OTHER attain the objects of rebellion or sedition
SEDITION DISTURBANCE OF PUBLIC by force or violence, but there is no
ORDER public uprising, the crime committed
Sedition involves is direct assault.
disturbance of public There is no public
order resulting from uprising. Note: Public uprising and an object of
tumultuous uprising. sedition must concur.

In sedition, it is immaterial if the object be

completely attained.

Q: Suppose murder is committed in the

course of sedition, can murder be
absorbed in the crime of
sedition?

A: No. Murder cannot be absorbed in

sedition. If murder is committed, it shall
be treated as a
separate crime.

Ratio: Murder is not an object of sedition.

Note: There is no complex crime of sedition

with murder.

CONSPIRACY TO COMMIT SEDITION

(Art. 141)

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0
BOOK 2: Crimes Against Public Order

Q: Is there a crime of proposal to commit sedition? and order of the Government

A: None. Only conspiracy is punished and not proposal to Q: What are the two rules relative to
commit sedition. seditious words?

Note: To be liable, there must be an agreement and A:

determination to rise publicly and tumultuously to attain any 1. Clear and present danger rule –
of the objects specified in Art. 139. words must be of such nature
INCITING TO SEDITION that by uttering them there is a
(Art. 142) danger of public uprising
and that such danger should be
Q: What are the punishable acts in the crime of both clear
inciting to sedition? and imminent

A: 2. Dangerous tendency rule – if

1. Inciting others to the accomplishment of any of words used tend to create a
the acts which constitute sedition by means of danger of public uprising, then
speeches, proclamations, those words could properly be
writings, emblems, etc subject of penal clause

2. Uttering seditious words or speeches which Q: Which of the above rules is adopted
tend to disturb the public peace in the
Philippine jurisdiction?
3. Writing, publishing or circulating scurrilous
libels against the government or any of the duly A: It is the dangerous tendency rule that
constituted authorities thereof, which tend to is generally adopted in the Philippines
disturb the public peace with respect to sedition cases. It is
enough that the words used may tend to
Note: Scurrilous means low, vulgar, mean or foul. create danger of public uprising.

Note: It is the use of words, emblems, etc. and not the Q: What are some instances of inciting
performance of an act that is punished in inciting to sedition. to sedition?

In inciting to sedition, the offender must not take part in any A:

public or tumultuous uprising. 1. Meeting for the purpose of
discussing hatred against the
Q: When are uttering seditious words/speeches and government
writing, publishing or circulating scurrilous
libels punishable? 2. Lambasting government
officials to discredit the
A: Such are seditious when they: government.

1. Tend to disturb or obstruct any lawful officer in Q: Suppose the objective of

executing the functions of his abovementioned acts is to overthrow
office the government, what is the crime
committed?
2. Tend to instigate others to cabal and meet
together for unlawful purposes A: The crime would be inciting to
rebellion.
3. Suggest or incite rebellious conspiracies or riots
CRIMES AGAINST POPULAR
4. Lead or tend to stir up the whole people against REPRESENTATION
the lawful authorities or to disturb the peace of
the community, the safety
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 125
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

ACTS TENDING TO PREVENT THE .MEETING OF (Art. 145)

THE CONGRESS OF THE PHILIPPINES AND SIMILAR
BODIES (Art. 143) Q: What are the punishable acts in
violation of parliamentary immunity?
Q: What are the elements of the crime?
A:
A: 1. Using force, intimidation,
1. There be projected or actual meeting of the threats, or frauds to prevent
Congress or any of its committees or any member of
subcommittees, constitutional committees or Congress from –
divisions thereof, or of any provincial board or a. Attending the meetings of
city or municipal congress or of any of its
council or board committees or
subcommittees,
2. Offender, who may be any person, prevents constitutional
such meeting by force or fraud commissions or
committees
Note: The chief of police and mayor who prevented the b. Expressing his opinions
meeting of the municipal council are under Art. 143, when c. Casting his vote
the defect of the meeting is not manifest and requires an
investigation before its existence can be determined. 2. Arresting or searching any
member thereof while
Under P.D. 1829, any person who disturbs the proceedings in Congress is in regular or
the fiscal’s office, in Tanodbayan, or in the courts while in the special session.
prosecution of criminal cases, may be held liable for violation
of the said decree. Note: The offender in Par. 1 may be any
person.
DISTURBANCE OF PROCEEDINGS
(Art. 144) Parliamentary immunity does not protect
members of Congress from responsibility
Q: What are the elements of the crime? before the legislative
body itself.
A: Q: What is session?
1. There is a meeting of Congress or any of its
committees or subcommittees, constitutional A: It refers to the entire period from its
commissions or committees or divisions initial
thereof, or any provincial board or city or convening until its final adjournment.
municipality council or board
Note: The 1987 Constitution exempts
2. Offender does any of the following acts: members of Congress from arrest while
a. Disturbs any such meetings Congress is in session for all offenses
b. Behaves while in the presence of any such punishable by a penalty less than prision
bodies, in such a manner as to interrupt its mayor.
proceedings or to impair the respect due it
It is not necessary that the member is
Note: Disturbance created by a participant in the actually prevented from exercising any of
his functions. It is sufficient that Congress is
meeting is not covered by Art. 144.
in session.
Complaint must be filed by a member of legislative
body. ILLEGAL ASSEMBLIES
(Art. 146)
The same act may be made the basis for contempt since it is
coercive in nature while the crime under this article is Q: What are the forms of illegal
punitive. assemblies?
A:
VIOLATION OF PARLIAMENTARY IMMUNITY
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0
BOOK 2: Crimes Against Public Order

1. Any meeting attended by armed persons for the

purpose of committing any of the Note: In the first form of illegal assembly,
crimes punishable under the RPC. armed men attend the gathering with the
purpose of committing any of the crimes
2. Any meeting in which the audience, whether punishable under RPC. The presence of
armed or not, is incited to the commission of armed men during the gathering brings
about the
the crime of treason, rebellion or insurrection,
crime of illegal assembly.
sedition, or assault upon a person in authority
or his agents.
Not all persons at the meeting of the first
form of
Note: It is necessary that the audience is
illegal assembly need to be armed.
actually incited.

If none of the persons present in the

Note: The word “arm” in this article is not limited to firearm.
meeting are armed, there is no crime. E.g.
However, if the person present carries an unlicensed firearm,
Persons unarmed conspiring in a meeting to
the presumption, insofar as he is concerned, is that the
commit qualified theft is not punishable.
purpose of the meeting is to commit acts punishable under
this Code, and that he is
Q: What are the elements of the second
the leader or organizer of the meeting.
form of
illegal assembly?
Q: Should persons merely present at the meeting have a
common intent to commit the felony of
A:
illegal assembly?
1. There is a meeting, a gathering
group of persons, whether in a
A: Yes. Absence of such intent may exempt the
fixed place or moving
person present from criminal liability.

2. The audience, whether armed

Q: Suppose in the meeting, the audience is incited to the
or not, is incited to the
commission of rebellion or sedition, what is the criminal
commission of the crime of
liability of the leaders or organizers
treason, rebellion, or
thereof and the persons present therein?
insurrection, sedition or direct
assault
A: The leaders or organizers of the meeting and the
persons present therein are liable for the crime of
Note: In this second form of illegal
illegal assembly. assembly, armed men may or may not
attend the meeting but persons in the
Q: What is the criminal liability of the person meeting are incited to commit treason,
inciting them? rebellion or insurrection, sedition or assault
upon a person in
A: The person inciting is liable for the crime of inciting to authority.
rebellion or sedition.
When the illegal purpose of the gathering is
Q: What are the elements of the first form of to incite people to commit the crimes
illegal assembly? mentioned above, the presence of armed
men is unnecessary. The mere gathering for
the purpose is sufficient to bring about the
A:
crime already.
1. There is a meeting, a gathering or group of
persons, whether in fixed place or moving
A person invited to give speech in an illegal
assembly or meeting and incites the
2. The meeting is attended by armed persons members of such assembly is guilty of
inciting to sedition only and not punishable
3. The purpose of the meeting is to commit any of under illegal assembly.
the crimes punishable under the
RPC

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 127
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What is the gravamen of illegal assembly?

A: The gravamen of illegal assembly is mere assembly of

or gathering of people for illegal purpose punishable by
the RPC. Without gathering,
there is no illegal assembly.

Q: Who are persons liable for illegal assembly?

A: The persons liable are:

2. Mere members of the association.

Q: What are the distinctions between illegal

assembly and illegal association?

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0 1. Organizers or leaders of the meeting
2. Persons merely present at the meeting

Q: If the presence of a person is out of curiosity, is he

BOOK 2: Crimes Against Public Order
liable?

A: No, since he does not have intent to commit A:

felony of illegal assembly.

ASSAULT UPON, AND RESISTANCE AND

DISOBEDIENCE TO PERSONS IN AUTHORITY AND

Q: Suppose the illegal purpose for the gathering is
THEIR AGENTS
for the commission of a crime punishable under

special laws (i.e. the gathering of drug lords to

DIRECT ASSAULTS
facilitate drug trafficking), is illegal assembly
(Art. 148)
committed?

Q: What are the two ways to commit direct

A: No. If the unlawful purpose is a crime under a assault?
special law, there is no illegal assembly. The crime

committed would be illegal association.

A:
1. First form: Without public uprising, by
ILLEGAL ASSOCIATION employing force or intimidation
(Art. 147) attainment of any of the purposes

enumerated in defining the crimes of

Q: What are illegal associations? rebellion and sedition.

2.
A: Second form: Without public uprising, by
1. Associations totally or partially organized attacking, by employing force, or by
for the purpose of committing any of the seriously intimidating or seriously
crimes punishable under the RPC. resisting any person in authority or any of

2. Associations totally or partially organized his whileagents,

engaged in the
performance of official duties, or on the
for some purpose contrary to public occasion of such performance. morals.

Q: What are the elements of the first

form?
Q: What are public morals?

A:
A: Public morals refer to matters which affect the 1. That the offender employs force or interest of society and
public inconvenience and are
intimidation.
not limited to good customs. It refers to acts that 2. That the aim of the offender is to attain are in accordance
with natural and positive laws. any of the purposes of the crime of

rebellion or any of the objects in the

Q: Who are the persons liable for the crime of
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S Icrime
T Y O of
F Ssedition.
ANTO TOMAS
illegal associations? 3. That there is no public uprising.
V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 129
A:ICEThe
V CHAIRpersons liable are
FOR ADMINISTRATION ANDthe following:
FINANCE : JEANELLE C. LEE Facultad de Derecho Civil
1. Founders,
VICE CHAIRS FOR LAYOUT Adirectors
ND DESIGN: Eand president
ARL LOUIE of the
M. MASACAYAN Q: What
& THEENA are the elements of the second
C. MARTINEZ form?
 UST GOLDEN NOTES 2011

ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION

The basis is the formation of
The basis of liability is
or organization of an
the gathering for an
association to engage in an
illegal purpose which
unlawful purpose which is
constitutes a crime
not limited to a violation of
under the RPC.
the RPC.
Necessary that there
Not necessary that there be
is an actual meeting
an actual meeting.
or assembly.
Meeting and the Act of forming or organizing
attendance at such and membership in the
meeting are the acts association are the acts
punished. punished.

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0
BOOK 2: Crimes Against Public Order

A: Q: What are considered as not in actual

1. That the offender: performance of official duties?
a. Makes an attack
b. Employs force
c. Makes a serious intimidation A:
d. Makes a serious resistance 1. When the person in authority
or the agent of a person in
2. The person assaulted is a person in authority exceeds his powers
authority or his agent or acts without authority
2. Unnecessary use of force or
3. That at the time of the assault the person in violence
authority or his agent 3. Descended to matters which
a. Is engaged in the actual performance are private in nature
of official duties, or
b. That he is assaulted, by reason of the Q: Suppose the person in authority or
past performance of official duties the agent was killed when no longer
performing official
4. That the offender knows that the one he is functions, what crime was committed?
assaulting is a person in authority or his
agent in the exercise of his duties A: The crime may simply be the material
consequence of the unlawful act, murder
5. That there is no public uprising or homicide, as the case may be.

Note: In the second form, there is a need to distinguish a Q: What is penalized in the crime of
situation where a person in authority or his agent direct assault?
was attacked while performing official functions.
A: The crime of direct assault punishes
If attack was done during the exercise of official the spirit of lawlessness and the
functions, the crime is always direct assault. contempt or hatred for the
authority or the rule of law.
It is also important to distinguish whether the person is a
person in authority or merely an agent of the latter. Q: Can the crime of direct assault be
complexed with the material
Illustration: consequence of the unlawful
act?
When the accused, with his hand or fist, hit a policeman
who was in the performance of his duty, in the breast A: Yes, as a rule, where the spirit of the
and nothing more, no direct assault is committed contempt or lawlessness is present, it is
because the victim is only an agent of a person in always complexed with the material
authority, the employment of force must be of serious consequences of the unlawful act. If the
character to show defiance of the law and its unlawful act was murder or homicide
representative of all hazards. However, if the victim is a committed under circumstance of
person in authority, not a mere agent, the force lawlessness or contempt of authority, the
necessary to constitute the crime need not be serious, as
crime would be direct assault with
the law with respect to the person in authority uses the
murder or homicide, as the case may
phrase “lays hands upon a person in authority.” (U.S v.
be.
Tabiana, 37 Phil. 51; U.S. v. Gumban, 39 Phil.
76)
Illustration:
Note: It is also important that the offender knew that the
person he is attacking is a person in authority or an agent Thus, if A would attack a policeman while
of the person in authority, performing his official engaged in the performance of his duties,
functions. No knowledge means no lawlessness or that of maintaining peace and order during
contempt. a barangay fiesta, the crime would be
murder of homicide with direct assault

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 131
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

depending on the presence of qualifying circumstances in Q: Is it important that the offender

killing the victim. (People v. Abalos, knows that the
258 SCRA 253) person he is attacking is a person in
authority?
In one case, when the victim intervened to prevent a violent
encounter between the accused and the Ramos group, he A: No, it is enough that the offender
was discharging his duty as Barangay Captain to protect life should know that the offended party was
and property and enforce law and order in the barrio, thus, exercising some form of authority. It is
the assault resulting in his death is homicide with direct
not necessary that the offender
assault. (People v.
knows what is meant by person in
Rillorta, 180 SCRA 102)
authority.
Note: Under Art. 152 of the RPC and P.D. 299, a Barangay
Q: What kind of force is required to be
Chairman is a person in authority. If only serious physical
injuries have been inflicted, the crime would be direct assault employed
with serious physical injuries. If the shot directed against a to constitute direct assault?
public officer did not hit him but he is in actual performance
of duty, the offense is attempted homicide with direct A: The force must be serious and must be
assault. of such character as to show contempt of
authority. Casual force which usually
Q: What is the exception to the above rule? accompanies resistance or disobedience
to authorities is not sufficient.
A: The only time it is not complexed is when material
consequence is a light felony, that is, slight physical Q: When is it important to ascertain the
injury because the said injuries are considered as an motive for the assault?
incident or consequence of the force and violence
employed. Direct assault absorbs A: If the assault took place when the
the lighter felony. offended party was not engaged in the
performance of his official duties in this
Q: Who is a person in authority? case, it must be shown that the assault
was committed by reason of the past
A: Any person directly vested with jurisdiction, performance of official duties.
whether as an individual or as a member of some
court or governmental corporation, board, or Q: What does “on the occasion
commission. A barrio captain and a barangay of such
chairman shall also be deemed a person in authority. performance” means?
(Art. 152 par. 1)
A: It means the impelling motive of the
Q: Who is considered as an agent of a person in attack is the performance of official duty.
authority?
Note: For the crime to be direct assault, the
A: Any person who by direct provision of law or by attack must be by reason of his official
election or by appointment by competent authority, is function in the past.
charged with the maintenance of public order and the
protection and security of life and property, such as a Q: When is direct assault qualified?
barangay kagawad, barangay tanod, barangay leader
and any person A:
who comes to the aid of a person in authority. 1. When the assault is committed
with a weapon
Note: Teachers, professors, and persons charged with 2. When the offender is a public
the supervision of public or duly recognized private officer or employee
schools, colleges, and universities and lawyers in the 3. When the offender lays hand
actual performance of their duties or on the occasion of upon a person in authority
such performance, shall be deemed a person in
authority. Note: Even when the person in authority or
the agent

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0
BOOK 2: Crimes Against Public Order

agrees to fight, direct assault is still committed. Direct assault absorbs light felony because
light felony is the means of committing
When the person in authority or the agent direct assault.
provoked/attacked first the innocent party, the latter is
entitled to defend himself and may raise justifying or INDIRECT ASSAULTS
mitigating circumstances as the case may be. (Art. 149)

Q: Because of the approaching town fiesta in San Q: What are the elements of indirect
Miguel, Bulacan, a dance was held in Barangay Carinias. assault?
A, the Barangay Captain, was invited to deliver a speech
to start the dance. While A was delivering his speech, B, A:
one of the guests, went to the middle of the dance floor 1. Person in authority or his agent
making obscene dance movements, brandishing a knife is the victim of the forms of
and challenging everyone present to a fight. A direct assault
approached B and admonished him to keep quiet and
not to disturb the dance and peace of the occasion. B, 2. A person comes to the aid of
instead of heeding the advice of A, stabbed the latter at such authority or his agent
his back twice when A turned his back to proceed to the
microphone to continue his speech. A fell to the ground 3. Offender makes use of force or
and died. At the time of the incident A was not armed. intimidation upon such person
What crime was committed? Explain. coming to
the aid of the authority or his
A: The complex crime of direct assault with murder was agent
committed. A, as a Barangay Captain, is a person in
authority and was acting in an official capacity when he Q: To whom is the assault directed in
tried to maintain peace and order during the public dance the crime of
in the Barangay by admonishing B to keep quiet and not
indirect assault?
to disturb the dance and peace of the occasion. When B,
instead of heeding A’s advice, attacked the latter, B acted
A: The victim in the crime of indirect
in contempt and lawless defiance of authority
assault is not the person in authority or
constituting the crime of direct assault, which
his agent but the person who comes in
characterized the stabbing of A. And since A was stabbed
the aid of a person in authority or his
at the back when he was not in a position to defend
agent.
himself nor retaliate, there was treachery in the
stabbing. Hence, the death caused by such stabbing
Q: What brings about the crime of
was murder and having been committed with direct
indirect assault?
assault, a complex crime of direct assault in murder
was committed by B. (2000 Bar
Question) A: Indirect assault comes about only
when direct
Note: Evidence of motive of the offender is important
assault is committed.
when the person in authority or his agent who is
attacked or seriously intimidated is not in the Note: When any person comes in aid of a
performance of his official duty. person in authority, said person at that
moment is no longer a civilian, he is
Direct assault cannot be committed during rebellion. constituted as an agent of the person in
Crime of slight physical injuries is absorbed by direct authority. If such person was the one
assault if committed against an agent of a person in attacked, by employing violence against
authority. If committed against a person in authority, it him of serious nature or character, the
crime would be direct assault. (Article
will be considered as separate crime.
152, as amended)
The crime of direct assault is not committed when the
person in authority or his agent is suspended or under As Article 149 now stands, the crime of
suspension when he is attacked. indirect assault can only be committed if a
private person who comes in the aid of an
agent of a person in authority on the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 133
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

occasion of direct assault against the latter, is assaulted. He Congress’ power to cite a witness in
does not become another agent of the person in authority. contempt is considered implied or
incidental to the exercise of
DISOBEDIENCE TO SUMMONS ISSUED BY legislative power.
CONGRESS, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL The testimony of a person summoned must
COMMISSIONS, ITS COMMITTEES, be upon matters into which the legislature
SUBCOMMITTEES OR DIVISIONS (Art. 150) has jurisdiction to inquire.

Q: What are the punishable acts? RESISTANCE AND DISOBEDIENCE TO A

PERSON IN
A: AUTHORITY OR THEIR AGENTS
1. Refusing, without legal excuse, to obey (Art. 151)
summons of Congress, it’s special or standing
committees and subcommittees, the RESISTANCE AND SERIOUS
Constitutional Commissions and its committees, DISOBEDIENCE
subcommittees or divisions, or by any (Art. 151, par. 1)
commission or committee chairman or member
authorized to Q: What are the elements of the crime?
summon witnesses
A:
2. Refusing to be sworn or placed under 1. Person in authority or his agent
affirmation while being presented before such is engaged in the performance
legislative or constitutional body or official of official duty or gives a lawful
order to the
3. Refusing to answer any legal inquiry or to offender
produce any books, papers, documents or
records in his possession, when required by 2. Offender resists or seriously
them to do so in the exercise of their disobeys such person in
functions authority or his agent

4. Restraining another from attending as a witness 3. Act of the offender is not

in such legislative or constitutional body included in the provisions of
Arts. 148, 149 and 150
5. Inducing disobedience to a summons or refusal
to be sworn by any such body or Q: What are the elements of simple
official disobedience?

Q: Who are the persons liable under Art. 150? A:

1. An agent of a person in
A: authority is engaged in the
1. Any person who commits any of the above acts performance of official duty or
gives a lawful order to the
2. Any person who: offender
a. Restrains another from attending as a
witness 2. Offender disobeys such agent
b. Induces him to disobey a summons of a person in authority
c. Induces him to refuse to be sworn to
such body 3. Such disobedience is not a
serious nature
Note: Any of the acts enumerated may also constitute
contempt of Congress and could be punished as such Note: The accused must have knowledge
independent of the criminal prosecution. that the person giving the order is a peace
officer.

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
RESISTANCE OR SERIOUS
DIRECT ASSAULT
DISOBEDIENCE
0
BOOK 2: Crimes Against Public Order

Q: What are the distinction between resistance or (Art. 152)

serious disobedience and direct assault?
Q: Who is a person in authority?
A:
Person in authority or his A: A person in authority is one directly
Person in authority or his agent must be engaged in vested with jurisdiction, that is, the
agent must be in actual the performance of power and authority to govern and
performance of his official duties or that he is execute the laws.
duties. assaulted by reason
thereof. Q: Enumerate the examples of persons
Committed in four ways in
By: authority.
SIMPLEDISOBEDIENCE
1. Attacking.
Committed only(Art.
by 151, par.1)
2. Employing A:
resisting or seriously
force 1. Mayors
disobeying a person in
3. Seriously 2. Division superintendent of
authority or his agent.
intimidating 4. Seriously school
resisting a person in 3. Public and private school
authority or his agent teachers
The attack or employment 4. Provincial Fiscal
The use of force is not so
of force 5. Judges
serious, as there is no
which give rise to the
manifest intention to 6. Lawyers in actual performance
crime of direct assault
defy the law and the of duties
must be serious and
officers enforcing it. 7. Sangguniang Bayan member
deliberate.
8. Barangay Chairman
9. Members of the Lupong
Q: What is the crime committed if the person who was
Tagapamayapa
resisted is a person in authority and the
offender used force in such resistance?
Note: Items 7, 8, and 9 of the enumeration
are added by the LGC which expressly
A: The use of any kind or degree of force will give provides that said persons “shall be
rise to direct assault. deemed as person(s) in authority in their
jurisdictions.” (Sec. 388)
Q: Suppose the offender did not use any force in
resisting a person in authority, what crime is Teachers, lawyers and heads of schools are
committed? persons in authority only for purposes of
Art. 152 in relation to Arts. 148 and 151,
A: The crime committed is resistance or serious and in connection with their duties.
disobedience.
Q: Who is an agent of a person in
Note: Art. 151 covers failure to comply with orders directly authority (APA)?
issued by authorities in the exercise of their official duties,
and not with judicial decisions merely declaratory of rights or A: Any person who by direct provision of
obligations (E.g. decision law or by election or by appointment by
rendered in a civil case). competent authority is charged with the:
1. Maintenance of public order;
The disobedience contemplated consists in the failure or and
refusal to obey a direct and lawful order from the 2. Protection and
authority or his agent, otherwise resistance is justified. security of
life and
Disobedience in the 2nd par. must not be serious, otherwise it property.
will fall under the 1st par.
Note: Agents of persons in authority
PERSONS IN AUTHORITY AND AGENTS OF includes:
PERSON IN AUTHORITY 1. Barangay Kagawad
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 135
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Barangay Tanod A: When it is caused by more than three

3. Barangay Councilman persons
4. Any person who comes to the aid of persons in who are armed or provided with means
authority. of violence.

PUBLIC DISORDER Q: What does the word “armed” mean?

TUMULTS AND OTHER DISTURBANCES OF PUBLIC A: The term armed does not refer to
ORDER (Art.153) firearms only but includes even big
stones capable of causing
Q: What are the punishable acts? grave injury.

A: Q: What is the difference between

1. Causing any serious disturbance in a public making any outcry tending to incite
place, office or establishment. sedition or rebellion (par.
3 of Art. 153) and inciting to rebellion or
2. Interrupting or disturbing performances, sedition?
functions or gatherings, or peaceful meetings, if
act is not included in Arts. A:
131 and 132. MAKING ANY OUTCRY
TENDING TO INCITE INCITING TO SEDITION OR
3. Making any outcry tending to incite sedition in SEDITION OR REBELLION REBELLION
any meeting, association or
public place. The meeting at the
outset was legal, and
The meeting from the
became a public
4. Displaying placards, or emblems which provoke beginning was unlawful.
disorder only because of
a disturbance of public order in
such outcry.
such place.
The outbursts which by The words uttered are
nature may tend to deliberately calculated
5. Burying with pomp the body of a person who incite rebellion or with malice, aforethought
has been legally executed. sedition are to incite others to
spontaneous. rebellion or sedition.
Note: Burying with pomp the body of a person contemplates
an ostentatious display of a burial.
Note: Serious disturbance requires that
such must be planned or intended.
If the person who disturbs or interrupts a meeting
considered as religious worship is a public officer, he shall be
Q: What does outcry mean?
liable under Art.131 or 132.

A: Outcry means to shout subversive or

Q: What is the essence of tumults and other
provocative words tending to stir up the
disturbances?
people to obtain by means of force or
violence any of the objects of
A: The essence of this crime is creating public disorder.
rebellion or sedition.
This crime is brought about by creating serious
disturbances in public places, public buildings, and even in
Note: Crime is qualified if disturbance or
private places where public
interruption is of a tumultuous character.
functions or performances are being held.
UNLAWFUL USE OF MEANS OF
Note: Tumults and other disturbances can be complexed
PUBLICATION AND
with direct assault if the tumults and disturbances of public
UNLAWFUL UTTERANCES
disorder is directed to a person
in authority or an agent of a person in authority.
(Art. 154)

Q: When is the disturbance deemed tumultuous? Q: What are the punishable acts?

A:
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Public Order

1. Publishing or causing to be published, by means calculated to cause alarm or

of printing, lithography or any other means of danger.
publication, as news any false news which may
endanger the public order, or cause damage to 2. Instigating or taking an active
the part in any charivari or other
interest or credit of the State. disorderly meeting offensive to
another or prejudicial to public
2. Encouraging disobedience to the law or to the tranquility.
constituted authorities or by praising, justifying
or extolling any act punished by law, by the 3. Disturbing the public peace
same means or by words, while wandering about at night
utterances and speeches. or while engaged in any other
nocturnal
3. Maliciously publishing, causing to be published amusements.
any official resolution or document without
proper authority, or before they have been 4. Causing any disturbance or
published scandal in public places while
officially. intoxicated or otherwise,
provided the act is not covered
4. Printing, publishing, or distributing books, by Art. 153.
pamphlets, periodicals or leaflets which do not
bear the real printer’s name, or Q: What is the essence of the crime of
which are classified as anonymous. alarms and scandals?

Q: Is it necessary that the publication caused damaged A: The essence of the crime is
to the State? disturbance of public tranquility and
public peace.
A: No. Mere possibility to cause such danger or
damage is sufficient. Q: If a firearm is discharged, what are
the crimes that may possibly arise?
Note: To be liable, the offender must know that the
news is false. A:
1. Alarms and scandals – If the
R.A. 248 prohibits the reprinting reproduction, republication offender discharges a firearm in
of government publications and official a public place but the firearm is
documents without previous authority. not pointed to a particular
person when discharged.
If the printer/owner of the printing establishment took part
in the preparation and publication of the libelous 2. Illegal discharge of firearm – If
writings he shall be liable under Art. 360.
the firearm was directed to a
particular person who
If the publication is both obscene and anonymous, the
was not hit if intent to kill is not
offense cannot be complexed as they involve different acts
proved.
separately punished under this Article and Art.
201 on obscene publications.
3. Attempted homicide or murder
– If the person was hit,
ALARMS AND SCANDALS
automatically, the crime is
(Art. 155)
attempted homicide or murder,
if there is intent to kill.
Q: What are the punishable acts?
Note: When a person uses lethal
A: weapon against another, such as
1. Discharging any firearm, rocket, firecracker, or firearm, intent to kill is inherent.
other explosive within any town or public place,

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 137
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

4. Physical injuries – If the person was hit and

injured but there was no intent to kill. Even if the prisoner returned to jail after
several hours, the one who removed him
5. Grave coercion – If the threat was directed, from jail is liable. So that if A, pretending to
immediate and serious and the person is be an NBI agent, asked the jailer of prisoner
compelled or prevented to do B to turn the latter over him on the pretext
that he (A) will investigate the prisoner, but
something against the will.
after several hours of drinking liquor with B
in a store, returned the said prisoner to the
Note: The discharge may be in one’s home since the
jailer, A is criminally
law does not distinguish as to where in town.
liable under this article.

The discharge of firearms and rockets during town

Illustration:
fiestas and festivals are not covered by the law.
So also a jail guard who, while he was off
Q: What is charivari? duty, brought a released prisoner inside the
jail to substitute for a detention prisoner
A: Charivari is a mock serenade of discordant noises made whom he brought out of jail, returning him
of cans, pans, kettles, tins, horns etc. designed to annoy inside the jail after five hours may be held
and insult. This brings about the crime of alarms and liable under this article. (People v. del
scandals. Barrio,., 4
C.A. Rep 337)
Ratio: Punishing, instigating or taking active part in charivari
and other disorderly meeting is to prevent more serious Q: Who may be the offender/s?
disorders.
A:
Q: What offenses are possibly committed by 1. Usually, an outsider to the jail
creating noise and annoyance?
2. It may also be:
A: a. An employee
1. Alarms and scandals – If the disturbance affects of
the public in general (i.e. by playing noisily the
during the wee hours in penal
the morning in the neighborhood). establishment who
does not have
2. Unjust vexation – If the noise is directed to a the custody of the prisoner
particular person or a family.
b. A prisoner who helps
DELIVERING PRISONERS FROM JAIL the escape of
(Art. 156) another prisoner.

Q: What are the elements of the crime? Q: Suppose the prisoner was confined in
a hospital when he was assisted in
A: escaping, is the crime
1. There is a person confined in a jail or penal delivery of prisoners from jail
establishment committed?
2. Offender removes therefrom such person or
helps the escape of such person A: Yes, because the hospital may be
considered as
Illustration: an extension of the jail.

As long as the person who was assisted in his escape is a Illustration:

prisoner, whatever means is employed by the person who
removed him from jail, is punishable under this law. If a twin
Even if the prisoner is in hospital or asylum
brother of a prisoner helped the latter escape by substituting
or any place for detention of prisoner, as
himself, and because of their very similar appearance was
long as he is classified as a prisoner, that is,
not at once noticed by the guard, that twin brother is liable.
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
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BOOK 2: Crimes Against Public Order

a formal complaint or information has been filed in court, A: The offender’s act of employing
and he has been officially categorized as a prisoner, this bribery as a means of removing or
article applies, as such place is considered extension of the delivering the prisoner from jail, and not
penal institution. Thus, if A was arrested by a policeman for the offender’s act of receiving or
theft and locked in jail but minutes before the case is filed in agreeing to receive a bribe as a
court, B helped him escape, B is not liable under this article. consideration for committing the offense.

Q: What is the difference between delivering the Q: What is the mitigating circumstance?
prisoners in jail and infidelity in the custody of
prisoners? A: If it takes place outside the penal
establishment
by taking the guards by surprise.

A: Note: This felony may also be committed

INFIDELITY IN THE through imprudence or negligence.
DELIVERING PRISONERS
CUSTODY OF
FROM JAIL
PRISONERS Q: Suppose Michael was convicted of
The offender is not the robbery and he is serving his sentence in
The offender is the
custodian of the prisoner at Muntinlupa. Together with his friends,
custodian at the time of
the time of the
the escape/removal Sarah and the jail warden, Z hatched the
escape/removal
plan of escaping from the prison facility
which eventually materialized.
Determine
the criminal liability of Michael, Sarah
and Z.

Note: In both, the offender may be a public officer or a

private citizen. In both crimes, the person involved may A:
be a convict or a mere detention prisoner. 1. Sarah, a stranger or an outsider
is liable for delivery of prisoner
Q: What is the liability of the convicted prisoner from jail.
serving sentence who escaped?
2. Z, the jail warden committed
A: He is liable for the crime of evasion of service the crime of infidelity in the
under Art. 157. custody of prisoners;

Q: Suppose the one who escaped is only a 3. Michael is liable for the crime
detention prisoner, what is his liability? of evasion of sentence.

A: He does not incur liability from escaping if he does EVASION OF SERVICE OF SENTENCE
not know of the plan to remove him from jail. If such (Art. 157)
prisoner knows of his plot to remove him from jail and
cooperates therein by escaping, he himself becomes Q: What are the elements of the crime?
liable for delivering prisoners from
jail as a principal by indispensable cooperation. A:
1. Offender is a convict by final
Q: What are the qualifying circumstance? judgment

A: Use of violence, intimidation or bribery. 2. He is serving his sentence

which consist of deprivation of
Q: What does the qualifying circumstance of liberty
bribery under this article contemplate?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 139
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. He evades the service of his sentence by voluntary surrender, but the same will
escaping during the term of his sentence not absolve his criminal liability.

Note: The crime is a continuing offense which may be Q: If a prisoner is sentenced to destierro,
prosecuted in any place where the offender was can he be
found. liable for the crime of evasion of
service?
This article does not apply to minor delinquents, detention
prisoners or deportees. A: Yes, because destierro involves
deprivation of liberty, although partial, as
Q: What are the qualifying circumstances under the prisoner is deprived of his liberty to
Art. 157? enter a prohibited area. So, if he enters
the prohibited area, he commits evasion
A: If evasion or escape takes place: of
1. By means of unlawful entry (by scaling) service of sentence.

2. By breaking doors, windows, gates, walls, roofs, Q: A foreigner was found guilty of
or floors violation of the law, and was ordered by
the court to be deported. Later on, he
3. By using picklocks, false keys, disguise, deceit, returned to the Philippines in violation
violence or intimidation; or of the sentence. Is he guilty of evasion
of service of sentence?
4. Through connivance with other convicts or
employees of the penal institution A: No, because the law is not applicable
to offenses executed by deportation.
Q: What are the forms of evasion of service of sentence? (U.S. v. Loo Hoe, 36 Phil
867)
A: Evasion of service of sentence has three forms:
Q: What if the offender escaped within
1. By simply leaving or escaping from the penal the 15‐day period for making an appeal?
establishment under Art. 157
A: The crime is not evasion because
2. Failure to return within 48 hours after having judgment is not
left the penal establishment because of a yet final.
calamity, conflagration or mutiny and such
calamity, conflagration Note: Persons convicted under this article
or mutiny has been announced as already are disqualified from the benefits of the
passed under Art. 158. Indeterminate
Sentence Law.
3. Violating the condition of conditional
pardon under Article 159. EVASION OF SERVICE OF SENTENCE ON
THE
Note: The term jail‐breaking is synonymous with evasion
OCCASION OF DISORDERS,
of sentence. CONFLAGRATIONS,
EARTHQUAKES OR OTHER CALAMITIES
Q: Suppose X, a prisoner convicted of theft was able (Art. 158)
to escape from the penal institution but only
minutes after the escape, he changed his mind Q: What are the elements of the crime?
prompting him to return to penal facility, is X
liable for the crime evasion of sentence?

A: Yes. It is enough that he left the penal A:

establishment by escaping from it. His voluntary 1. Offender is a convict by final
return may only be mitigating being analogous to judgment, who is confined in a
penal institution
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
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BOOK 2: Crimes Against Public Order

convicts, who having evaded the service of

2. There is disorder, resulting from: their sentences by leaving the penal
a. Conflagration institution, give themselves up within 48
b. Earthquake hours. They will be entitled to a deduction
of 1/5 of their respective sentences.
c. Explosion
d. Similar catastrophe
e. Mutiny in which he OTHER CASES OF EVASION OF SERVICE
has not participated (Art. 159)

3. Offender evades the service of his sentence by VIOLATION OF CONDITIONAL

leaving the penal institution where he is PARDON
confined on the occasion of
such disorder or during the mutiny Q: What is a conditional pardon?

4. Offender fails to give himself up to the A: Conditional pardon is a contract

authorities within 48 hours following the between the Chief Executive, who grants
issuance of proclamation by Chief Executive the pardon and the
announcing the passing away of convict, who accepts it.
such calamity.
The condition imposed upon the prisoner
Q: What is the basis of liability under Art. 158? not to be guilty of another crime is not
limited to those punishable by the RPC. It
A: Liability is based on the failure to return within 48 includes those punished
hours after the passing of the calamity, conflagration or under special law. (People v. Corral, 74
mutiny had been announced and Phil. 357)
not the leaving from the penal establishment.
Usually, the condition of a conditional
Q: What constitutes mutiny in the second form of pardon is that the prisoner shall not
evasion of service of sentence? commit any crime anymore. So, if he
committed an offense while on pardon,
he has violated this article. However,
A: The mutiny referred to here involves subordinate
there must be a final conviction for the
personnel rising against the supervisor within the penal
second offense. Otherwise, we could not
establishment.
say that there is a violation of the
condition of the pardon as he would be
Q: What is a mutiny?
presumed to be innocent.
A: A mutiny is an organized unlawful resistance to a
Note: However, under the Revised
superior officer similar to sedition or a revolt.
Administrative Code, no conviction is
necessary. The President has the power to
Mutiny is one of the causes which may authorize a convict arrest and reincarcerate the offender
serving sentence in the penitentiary to leave the jail without trial.
provided he has not taken part in the mutiny.
The court cannot require the convict to
If one partakes in mutiny, he will be liable for the offenses serve the unexpired portion of the original
which he committed during the mutiny whether or not he sentence if it does not exceed six years, the
returns. (People v. Padilla, G. R. remedy is left to the President who has the
No. 121917, Mar. 12, 1997) authority to recommit him to
serve the unexpired portion of his original
Note: The penalty of commission of this felony is an increase sentence.
by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months. The period when convict was at liberty is
not deducted in case he is recommitted.
The special allowance for loyalty (E.g. deduction of sentence)
authorized by Art. 98 and 158 (2nd par.) refers to those Q: What are the elements of this crime?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 141
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: A:
1. Offender was a convict
2. He was granted a conditional pardon by the 1. Any person who commits an act
Chief Executive punishable
3. He violated any of the conditions of such under any of the following provisions of
pardon the:

Q: When can there be a violation of the conditional a. RPC:

pardon? i.Piracy in General and
Mutiny in the
A: When the condition is violated during the remaining High Seas or in the
period of the sentence. If the condition of the pardon is Philippine Waters ii. Rebellion or
violated when the remaining unserved portion of the Insurrection
sentence has already lapsed, there will be no criminal iii. Coup d'etat, including
liability for the violation. However, the convict maybe acts committed
required to serve the unserved portion of the sentence, by private persons
that is, iv. Murder
continue serving original penalty. v. Kidnapping
and Serious
Q: What is the difference between violation of Illegal
conditional pardon and evasion of service of Detention vi. Crimes
sentence? Involving Destruction; or

A:
VIOLATION OF EVASION OF SERVICE OF
CONDITIONAL PARDON SENTENCE
It is not a public offense
for it does not cause
harm or injury to the It is a public offense
separate and
right of another person
independent from any
nor does it disturb
other act.
public
order.

Note: Violation of conditional pardon is a distinct

crime.

A. Decree Codifying the Laws on Illegal / Unlawful

Possession, Manufacture, Dealing in, Acquisition or
Disposition, of Firearms, Ammunition or
Explosives (P.D. 1866, as amended by R.A. 8294)

Note: If the unlawful manufacture, sale, acquisition,

disposition or possession of firearms or ammunition or
instruments used or intended to be used in the manufacture
of firearms or ammunition is in furtherance of or incident to,
or in connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, such violation shall be
absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat. (Sec. 1, RA
8294)

B. Human Security Act of 2007 (R.A. 9372)

Q: What are the punishable acts of terrorism?

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
0
UST GOLDEN NOTES 2011

b. Special Penal Laws: b. By concealing or destroying the

i. The Law on Arson body of the crime or the effects
ii. Toxic Substances and Hazardous or instruments thereof in order
and to prevent its discovery
Nuclear Waste Control Act of 1990 iii.
Atomic Energy Regulatory and Liability c. By harboring, concealing, or
Act of 1968 iv.
Anti‐Hijacking Law CRIMINAL LAW TEAM:
ADVISER: JUDGE RICO SEBASTIAN
v. Anti‐Piracy and Anti‐Highway Robbery
Law of 1974 and vi. Decree Codifying assisting in the escape of the
the Laws on Illegal and Unlawful Possession, principal or conspirator of the
Manufacture, Dealing In, Acquisition or crime.
Disposition of
Firearms, Ammunitions or Explosives XPN: Spouses, ascendants, descendants,
legitimate, natural and adopted
Note: The abovementioned act must: brothers and sisters or relatives by
1. Sow and create a condition of widespread affinity within the same degree
and extraordinary fear and panic among the
populace XPN to the XPN: those falling under (a).
2. Coerce the government to give in to an
unlawful demand. (Sec. 3)
Q: Is prosecution under R.A. 9372 a bar to another
prosecution under the RPC or any other special
2. Persons who conspire to commit the crime of
penal laws?
terrorism.
A: When a person has been prosecuted under a
Q: Who are liable under R.A. 9372?
provision of this Act, upon a valid complaint or
information or other formal charge sufficient in
A: form and substance to sustain a conviction and
after the accused had pleaded to the charge, the
1. Principal – Any person who commits any acquittal of the accused or the dismissal of the case
of the acts under Section 3 and 4 shall be a bar to another prosecution for any
offense or felony which is necessarily included in
2. Accomplice – any person who not being a the offense charged under this Act. (Sec. 49)
principal under Article 17 of the RPC or a
conspirator as defined under Section 4
hereof, cooperates in the execution of (3) Absorption Principle in relation
either the crime of terrorism or to complex crimes
conspiracy to commit terrorism by
previous or simultaneous acts

3. Accessory – any person who having

knowledge of the commission of the
crime of terrorism or conspiracy to
commit terrorism and without having
participated therein either as principal or
accomplice under Articles 17 and 18 of
the RPC, takes part subsequent to its
commission in any of the following
manner:

a. By profiting himself or assisting

the offender to profit by the
effects of the crime

143 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
 UST GOLDEN NOTES 2011

IV. CRIMES AGAINST PUBLIC INTEREST (161‐187) COINS (Art. 163)

FORGERIES Q: What are the elements of this crime?

COUNTERFEITING THE GREAT SEAL OF THE A:

GOVERNMENT OF THE PHILIPPINE ISLANDS, 1. There be false or counterfeited coins
FORGING THE SIGNATURE OR STAMP OF THE
CHIEF EXECUTIVE (Art. 161) 2. Offender made, imported or uttered such
coins
Q: What are the punishable acts?
3. In case of uttering such false or
A: counterfeited coins, he connived with the
1. Forging the great seal of the Government counterfeiters or importers
of the Philippines
Q: What is counterfeiting?
2. Forging the signature of the President
A: Counterfeiting means to imitate a coin that is
3. Forging the stamp of the President of the genuine. It gives an appearance of one of legal
Government of the Philippines tender. The coin is counterfeit even if it has more
intrinsic value than the coin of legal tender.
Note: When the President’s signature is forged, it is
not falsification but forging of signature of the Chief Q: A person gave a copper cent the appearance of
Executive under this article. a silver piece, it being silver plated, and attempted
to pay with it a package of cigarettes which he
USING FORGED SIGNATURE OR COUNTERFEIT bought at a store. What crime, if any, was
SEAL OR STAMP (Art. 162) committed?

Q: What are the elements of this crime? A: Such person is not liable for counterfeiting of
coin, but for estafa under Art. 318. (Reyes, 2008)
A:
1. Great Seal of the Republic was Q: What is the criterion used in determining
counterfeited or the signature or stamp whether a coin is a counterfeit or not?
of the Chief Executive was forged by
another person A: The criterion is that the imitation must be such
as to deceive an ordinary person in believing it to
2. Offender knew of the counterfeiting or be genuine. Consequently, if the imitation is so
forgery imperfect that no one was deceived, the felony
cannot be consummated.
3. He used the counterfeit seal or forged
signature or stamp Q: Can former coins withdrawn from circulation
be counterfeited under Art.163?
Note: Offender here should not be the forger or the
cause of counterfeiting; otherwise A: Yes. Art. 163 mentions “coin” without any
the crime committed is forgery under Art. 161. qualifying words such as “current.”

In using the forged signature or stamp of the President Note: The reason for punishing the fabrication of coin
of forged seal, the participation of the offender is in withdrawn from circulation is the possibility that the
effect that of an accessory. Although the general rule counterfeiter may later apply his trade to the making
is that he should be punished by a penalty 2 degrees of coins in actual circulation. (Reyes, 2008)
lower, under Art. 162, he is punished by a penalty only
1 degree lower. Q: What is punished in “importing” false coins?

COUNTERFEITING COINS A: It is the mere act of importing that is being

punished, even if the coins are not placed in
MAKING AND IMPORTING AND UTTERING FALSE circulation.
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: CRIMES Against Public Interest

Q: What is meant by “uttering” of coins? 2. Importing or uttering such mutilated

coins, with the further requirement that
A: Uttering means to circulate, to pass counterfeit there must be connivance with the
coins. mutilator or importer in case of uttering.

Q: What are the kinds of coins the counterfeiting Q: What is mutilation?

of which is punished?
A: Mutilation means diminishing or taking off by
A: ingenuous means part of the metal in the coin
1. Silver coin of the Philippines or coins of either by filing or substituting it for another metal
the Central Bank of the Philippines of inferior quality.
2. Coin of the minor coinage of the
Philippines or of the Central of the Bank Q: What are the requisites of mutilation?
of the Philippines
3. Coin of the currency of a foreign country. A:
1. Coin mutilated is of legal tender
Note: With respect to par. 3 the use of the word 2. Offender gains from the precious metal
‘currency’ is not correct because the Spanish text uses dust abstracted from the coin
the word ‘moneda’ which embraces not only those 3. It has to be a coin.
that are legal tender, but also those out of circulation.
Note: Foreign notes and coins are not included under
Q: What are the acts of falsification or falsity? this article. Also, there must be intention to mutilate.

A: SELLING OF FALSE OR MUTILATED COIN,

1. Counterfeiting – refers to money or WITHOUT CONNIVANCE (Art. 165)
currency
Q: What are the punishable acts?
2. Forgery – refers to instruments of credit
and obligations and securities issued by A:
the Philippine Government of any 1. Possession of coins counterfeited or
banking institution authorized by the mutilated by another person, with intent
Philippine to utter the same, knowing that it is false
government to issue the same or mutilated.

3. Falsification – can only be committed in 2. Actually uttering such false or mutilated

respect of documents coin, knowing the same to be false or
mutilated.
Q: What crimes may be committed in relation to
coins in circulation? Note: Constructive possession or the subjection of the
thing to one’s control is included.
A: Counterfeiting and mutilation of coins.
Accused must have knowledge of the fact that the
MUTILATION OF COINS IMPORTATION AND coin is false.
UTTERANCE OF MUTILATED COINS
(Art. 164) Q: In Art. 165, is it necessary that the
counterfeited coin is a legal tender?
Q: What are the punishable acts?
A: G.R.: No.
A:
1. Mutilating coins of legal currency with XPN: If the coin is a mutilated coin, it must be a
the further requirement that there be legal tender.
intent
to damage or defraud another
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 145
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What if the false or mutilated coins are found guilty of violating Art. 166?
in possession of the counterfeiters or mutilators
or importers? A: No. Uttering forged bill must be with connivance
with the authors of the forgery to constitute a
A: Such possession does not constitute a separate violation of Art. 166. (Reyes, 2008)
offense but is punished either under Art. 163 or
164. Q: What is the difference between forgery and
falsification?
Note: P.D. 427 punishes possession of silver or nickel
coins in excess of P50.00. It is a measure of national A:
policy to protect the people from the conspiracy of
those hoarding silver or nickel coins and to preserve
and maintain the economy.

Q: What are the notes and other obligations and

securities that may be forged or falsified under
Art. 166?
FORGING TREASURY OR BANK NOTES OR OTHER
DOCUMENTS PAYABLE TO BEARER; IMPORTING,
A:
AND UTTERING SUCH FALSE OR FORGED NOTES
1. Treasury or bank notes
AND DOCUMENTS; IMPORTING, AND UTTERING
2. Certificates and
SUCH FALSE OR FORGED NOTES AND
DOCUMENTS 3. Other obligations and securities payable
to bearer
(Art. 166)

Note: Falsification of PNB checks is not forgery under

Q: What are the punishable acts?
Art. 166 of RPC but falsification of commercial
documents under Art. 172 in connection with Art. 171
A: of the RPC.
1. Forging or falsification of treasury or bank
notes or other documents payable to COUNTERFEITING, IMPORTING AND UTTERING
bearer. INSTRUMENTS NOT PAYABLE TO BEARER
(Art. 167)
2. Importation of such false or forged
obligations or notes. Q: What are the elements of this crime?

Note: It means to bring them into the

A:
Philippines, which presupposes that the
1. There be an instrument payable to order
obligations or notes are forged or falsified in
or other document of credit not payable
a foreign country.
to bearer
3. Uttering obligations or note knowing
them to be false or forged, whether such 2. Offender forged, imported or uttered
offer is accepted or not, with a such instrument
representation.
3. In case of uttering, he connived with the
Note: It means offering obligations or notes forger or importer
knowing them to be false or forged,
whether such offer is accepted or not, with Q: What are the acts of forgery punished under
a representation. Art. 167?

Q: X pleaded guilty to the charge of having passed A:

a P20 counterfeit bill in a store. Can he be held

CRIMINAL LAW TEAM:

FORGERY FALSIFICATION
Committed by giving to a Committed
ADVISER: Jby erasing,

3
UDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
treasury or bank note or substituting,
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
any instrument payable counterfeiting, orGaltering
ALBERT DECLARO, ERIK ALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
to the bearer or to order by any means, the figures,
7
SAIPUDIN, ADRIAN VALBUENA
the appearance of true letters, words, or signs
and genuine document. contained therein.
6
BOOK 2: CRIMES Against Public Interest

1. Forging instruments payable to order or FORGERY (Art. 169)

documents of credit not payable to
bearer Q: How is forgery committed?
2. Importing such false instruments
3. Uttering such false instruments in A:
connivance with the forger or the 1. By giving to a treasury or bank note or
importer any instrument payable to bearer or to
order mentioned therein, the appearance
Note: Connivance is not required in uttering if the of a true and genuine document
utterer is the forger.
2. By erasing, substituting, counterfeiting, or
Counterfeiting under this article must involve an altering by any means the figures, letters,
instrument payable to order or other document of words, or signs contained therein. (Art.
credit not payable to bearer. 169)

ILLEGAL POSSESSION AND USE OF FALSE

Q: X caused the printing of the checks and
TREASURY OR BANK NOTES AND OTHER
directed the printer to incorporate therein the
INSTRUMENTS (Art. 168) important details and wordings contained in
checks regularly issued by a US government office.
Q: What are the elements of this crime? What crime did
X commit?
A:
1. Any treasury or bank notes or certificate A: X committed forgery within the meaning of par.1
or other obligation and security payable to of Art. 169 of the RPC on instruments payable to
bearer, or any instrument payable to order. (People v. Orqueza)
order or other document of credit not
payable to bearer is forged or falsified by
Q: A received a treasury warrant, a check issued
another person
by the Government. It was originally made
2. Offender knows that any of those
payable to B, or his order. A wrote B’s name on
instruments is forged or falsified
the back of said treasury warrant as if B had
3. He performs any of these acts:
indorsed it, and then presented it for payment. It
a. Using any of such forged or falsified
was paid to A.
instrument; or
What crime did A commit?
b. Possessing with intent to use any of
such forged or falsified instruments
A: This is forgery because when A wrote B’s name
on the back of the treasury warrant which was
Note: The act being punished under Art. 168 is
originally made payable to B or his order, he
knowingly possessing with intent to use any such
converted the treasury warrant to one payable to
forged treasury or bank notes.
bearer. It had the effect of erasing the phrase “or
his order” upon the face of the warrant. (U.S. v.
Q: Is possession of false treasury or bank notes
Solito)
alone without intent to use a criminal offense
enough to consummate the crime?
Note: Forgery under the RPC applies to papers, which
are in the form of obligations and securities issued by
A: No. But mere possession with intent to utter the Philippine Government as its own obligations,
consummates the crime of illegal possession of which are given the same status as legal tender. E.g.
false notes. Treasury and bank notes.

Note: A person in possession of falsified document If all acts are done but genuine appearance is not
and who makes use of the same is presumed to be the given, the crime is frustrated.
material author of falsification.
Q: When is counterfeiting not forgery?
The accused has the burden to give satisfactory
explanation of his possession of forged bills.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 147
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: The subject of forgery should be treasury or Q: What are the kinds of documents?
bank notes. If the subject of forgery were a
document other than these, the crime would be A:
falsification. 1. Public document – any instrument
(Boado, 2008) notarized by a notary public or
competent public official with the
Q: What is the essence of forgery? solemnities
required by law.
A: The essence of forgery is giving a document the
appearance of a true and genuine document. E.g.
a. Civil service examination papers
Q: In checks and other commercial documents, b. Official receipt required by the
how is forgery committed? government to be issued upon receipt
of money for public purposes
c. Residence certificate
A: Forgery is committed when the figures or words
d. Driver’s license
are changed which materially alters the document.

2. Official document – any instrument

Q: In a case where the accused, instead of carrying
issued by the government or its agents or
out his intention, threw away the forged note, can
officers having authority to do so and the
he be made liable?
offices, which in accordance with their
creation, they are authorized to issue.
A: No, for the law will not close the door of
repentance on him, who having set foot on the
E.g. Register of attorneys officially kept by
path of crime, retraces his steps before it is too late
the Clerk of the Supreme Court in which it is
(People v. Padilla, 36 O. G. 2404)
inscribed the name of each attorney
admitted to the practice of law.
FALSIFICATION OF LEGISLATIVE DOCUMENTS
(Art. 170) 3. Private document – every deed or
instrument by a private person without
Q: What are the elements of this crime? the intervention of the notary public or of
any other person legally authorized, by
A: which document some disposition or
1. There be a bill, resolution or ordinance agreement is proved, evidenced or set
enacted or approved or pending approval forth.
by either House of the Legislature or any
provincial board or municipal council 4. Commercial document – any instrument
2. Offender alters the same executed in accordance with the Code of
3. He has no proper authority therefore Commerce of any mercantile law
4. Alteration has changed the meaning of containing disposition of commercial
the document rights or obligations.

Note: The offender must not be a public official E.g.

entrusted with the custody or possession of such a. Bills of exchange
document, otherwise Art. 171 will apply. b. Letters of Credit
c. Checks
The bill, resolution or ordinance must be genuine. d. Quedans
e. Drafts
Q: Define document. f. Bills of lading

A: It is any written instrument by which a right is Note: Under the Rules of Court, there are only two
established or an obligation is extinguished, or kinds of document private and public document.
every deed or instrument executed by a person by
which some disposition or agreement is proved, Public document is broader than the term official
evidenced or set forth. document. Before a document may be considered
official, it must first be public document. To become
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: CRIMES Against Public Interest

an official document, there must be a law which

requires Q: What are the elements of this crime?
a public officer to issue or to render such document.

E.g. A cashier is required to issue an official receipt for A:

the amount he receives. The official receipt is a public 1. Offender is a public officer, employee, or
document which is an official document.
notary public.

Q: What are examples of writings that do not

2. He takes advantage of his official position
constitute documents?
–
a. He has the duty to make or prepare
A: or to otherwise intervene in the
1. A draft of a municipal payroll which is not preparation of the document; or
yet approved by the proper authority b. He has the official custody of the
document which he falsifies.
2. Mere blank forms of official documents,
the spaces of which are not filled up
3. He falsifies a document by committing
any of the following acts:
3. Pamphlets or books which are mere a. Counterfeiting or imitating any
merchandise, not evidencing any handwriting, signature or rubic;
disposition or agreement
Note: It is not necessary that the
Q: What are the five classes of falsification? imitation be perfect, it is enough that
there be an attempt to imitate, and
A: the two signatures (the genuine and
1. Falsification of legislative documents the forged), bear some resemblance to
each other.
2. Falsification of a document by a public
officer, employee or notary public b. Causing it to appear that persons
have participated in any act or
3. Falsification of public or official, or proceeding when they did not in fact
commercial documents by a private so participate;
individual c. Attributing to persons who have
participated in an act or proceeding
4. Falsification of private document by any statement other than those in fact
person made by them;
d. Making untruthful statements in a
narration of facts
5. Falsification of wireless, telegraph and
telephone messages
Elements:
i. That the offender makes in a
Q: How is document falsified?
document untruthful statements
in a narration of facts;
A: A document is falsified by fabricating an ii. That he has legal obligation to
inexistent document or by changing the contents of disclose the truth of the facts
an existing one through any of the 8 ways narrated by him;
enumerated under Art. 171. iii. The facts narrated by
the offender are
Note: R.A. 248 prohibits the reprinting, reproduction absolutely false.
or republication of government publications without iv. The untruthful narration must be
such as to affect the integrity of
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE the document or to change the
OR effects which it would otherwise
NOTARY OR ECCLESIASTICAL MINISTRY produce.
(Art. 171)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 149
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: This kind of falsification may be falsification may affect the civil status of
committed by omission. persons.

e. Altering true dates Q: X was charged with falsification because in her

certificate of candidacy for the position of
Note: This mode of falsification is councilor she had ‘willfully and unlawfully’ made
committed only if the true date is the false statement that she was eligible to said
essential. office although she knew fully well that she was
under 23 years old. Was the charge proper?
f. Making any alteration
or intercalation in a genuine A: No. When the accused certified she was eligible
document for the position, she practically wrote a conclusion
which changes its meaning of law. Hence she may not be declared guilty of
falsification because Art. 171 punishes untruthful
Note: The alteration must affect either statements in narration of facts. (People v. Yanza)
the veracity of the document or the
effect thereof. Q: Who are the persons liable?

The alteration which makes a

A:
document speak the truth does not
1. Public officer, employees, or notary
constitute falsification.
public who takes advantages of official
position
g. Issuing in authenticated form a
document purporting to be a copy
2. Ecclesiastical minister if the act of
of any original document when no
falsification may affect the civil status of
such copy a statement contrary to,
persons
or different from that of the genuine
original
3. Private individual, if in conspiracy with
public officer
h. Intercalating any instrument or note
relative to the issuance thereof in a
Q: Augustina filed a criminal complaint against
protocol, registry or official book.
Bernante for falsification of public document
because the latter allegedly falsified leave forms.
Note: In 1st, 2nd, 6th, 7th (2nd part), 8th mode of
falsification, there must be genuine It was alleged that Bernante made it appear in his
document. leave application that he was on forced leave and
on vacation leave on certain dates. In truth,
In other paragraphs of 171, falsification may Bernante was serving a 20‐day prison term
be committed by simulating or fabricating a because of his conviction of the crime of slight
document. physical injuries. Is Bernante liable for the crime
of falsification of documents?
Where the vault keeper extracted the
original of marriage contract in the file and A: No. Augustina failed to point to any law imposing
changed it with another document so as not upon Bernante the legal obligation to disclose
to disrupt the numbering of the documents where he was going to spend his leave of absence.
numerically filed, to help prove the claim “Legal obligation” means that there is a law
that no marriage was solemnized, he is requiring the disclosure of the truth of the facts
guilty of Falsification for intercalating any narrated. Bernante may not be convicted of the
instrument or note relative to the issuance crime of falsification of public document by making
thereof in a protocol, registry or official false statements in a narration of facts absent any
book. legal obligation to disclose where he would spend
his vacation leave and forced leave. (Enemecio v.
4. In case the offender is an ecclesiastical Office of the Ombudsman [Visayas] G.R. No.
minister, the act of falsification is 146731, Jan. 13, 2004)
committed with respect to any record or
document of such character that the

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: CRIMES Against Public Interest

FALSIFICATION BY PRIVATE INDIVIDUALS AND b. Falsification was committed in any

USE private document
OF FALSIFIED DOCUMENTS c. Falsification cause damage to a third
(Art. 172) party or at least the falsification was
committed with intent to cause such
Q: What are the punishable acts? damage

A: Note: It is not necessary that the offender

1. Falsification of public official or profited or hoped to profit.
commercial document by a private
individual. There is no falsification through reckless
imprudence if the document is private and
no actual damage is caused.
Elements under paragraph 1:
a. Offender is a private individual or
If the estafa was already consummated at
public officer or employee who did
the time the falsification of a private
not take advantage of his official
document was committed for the purpose
position of concealing the estafa, the falsification is
b. He committed any act of falsification not punishable. As regards to the
c. The falsification is committed in a falsification of the private document, there
public, official, or was no damage or intent to cause damage.
commercial
document or letter of exchange A private document may require the
character of a public document when it
Note: Under this par., damage is not becomes part of an official record and is
essential. It is presumed. certified by public officer duly authorized by
law.
Lack of malice or criminal intent may be put
up as a defense under this article, as when it The crime is falsification of public
is with the authority of the heirs of a documents even if the falsification took
deceased in a deed of sale. place before the private document become
part of the public record.
Cash disbursement vouchers or receipts
evidencing payments are not commercial Damage to one’s honor is included. (People
documents. v. Marasigan)

A mere blank form of an official document is Q: Is there a complex crime of estafa through
not in itself a document. falsification of a private document?

The possessor of falsified document is A: NO, because the immediate effect of falsification
presumed to be the author of falsification. of private document is the same as that of estafa.

2. Falsification of private document by any Q: In falsification of private documents, what will

person determine whether the crime committed is estafa
or falsification?
Elements under paragraph 2:
a. Offender committed any of the acts A: If the falsification of the private document was
of falsification except Art. 171 (7), essential in the commission of estafa because
that is issuing in an authenticated without the falsification, estafa cannot be
form a document purporting to be a committed, the crime is falsification. Estafa
copy of an original document when becomes the consequence of the crime. If the
no such original exists, or including estafa can be committed even without resorting to
in such a copy a statement contrary falsification, the main crime is estafa.
to, or different from that of the
genuine original 3. Use of falsified document.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 151
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: Is there such crime as attempted/ frustrated

Elements under the last paragraph: falsification?
a. In introducing in a judicial
proceeding – A: None. Falsification is consummated the moment
i. Offender knew that the the genuine document is altered of the moment
document was falsified by the
another person false document is executed. (Reyes, 2008)
ii. The falsified document is in
Articles 171 or 172 (1 or 2) iii. He Q: In what instance will falsification not give rise
introduced said document in to criminal liability?
evidence in a
judicial A: Where the intent to pervert the truth is absent.
proceeding Intentional falsification requires criminal intent to
falsify. Lack of criminal intent is shown by the
b. In use in any other transaction – following circumstances:
i. Offender knew that a document a. Accused did not benefit out of the
was falsified by another person falsification, and
ii. The false document is embraced b. No damage has been caused either to the
in Art. 171 or 172 (1 or 2) government or third person. (Boado,
iii. He used such document iv. The 2008) Q: What are the distinctions
use caused damaged to another between falsification
or at least used with of public document and private document?
intent to cause damage
A:
Note: The user of the falsified documents is FALSIFICATION OF FALSIFICATION OF
deemed the author of the falsification, if: PUBLIC DOCUMENT PRIVATE DOCUMENT
1.The use was so closely connected with the Aside from falsification,
falsification; and 2. the user had capacity of Mere falsification is prejudice to a third
falsifying the document. enough person or intent to cause
it, is essential.
Q: Is damage a requirement in the use of falsified
document? Can be complexed with
other crimes if the act of There is no complex
A: The element of damage to another is a requisite falsification was the crime of estafa through
only when the falsified document is introduced in necessary means in the falsification of a private
evidence in a proceeding other than judicial. commission of such document. Hence, when
crimes, like estafa, theft, one makes use of a
or malversation. private document, which
Q: If a person used a falsified document what he falsified, to defraud
should be the proper charge against him? E.g. Malversation through another, there results
falsification of a public only one crime: that of
A: Falsification of documents because of the legal document; Estafa falsification of a private
principle that when a person made use of falsified through falsification of a document.
document, he is deemed to be the falsifier. public document.
Note: Falsification has no attempted or frustrated
Note: Only when he is acquitted therefrom will he be stage. Falsification is consummated the moment the
prosecuted for the crime of use of falsified document. genuine document is altered or the moment the false
(Boado, 2008) document is executed.

Note: If the crime was use of falsified document, the Q: Does the payment made shows lack of damage
nature of the document is not controlling. In this and consequently, negates criminal intent?
crime, the purpose for knowingly using falsified
document is essential. But if the document is A: No. The absence of damage does not necessarily
presented in court, even if rejected, the mere offer imply that there can be no falsification as it is
thereof is criminal. (Boado, 2008) merely an element to be considered to determine
whether or not there is criminal intent to commit

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
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BOOK 2: CRIMES Against Public Interest

falsification. It is a settled rule that in the The public officer, to be liable must be engaged in the
falsification of public or official documents, it is not service of sending or receiving wireless, cable and
necessary that there be present the idea of gain or telegraph or telephone message.
the intent to injure a third person. This is so
because in the falsification of a public document, For uttering or falsifying, a private individual may be a
the principal thing punished is the violation of the principal by inducement but not direct participation.
public faith and the destruction of the truth as For use of a falsified message, the offender may be
therein solemnly proclaimed. (Lastrilla v. Granda, any person.
G.
R. No 160257, Jan. 31, 2006) Q: A telegraph operator, who received two
telegrams for transmission, reduced the number
of words of the telegraph messages by twelve and
FALSIFICATION OF WIRELESS, CABLE, eight words, without having been authorized to
TELEGRAPH, do so by the sender. He pocketed the differences
in the prices charged in the sums of P 0.72 and
AND TELEPHONE MESSAGES, AND USE OF SAID
0.48, respectively. What crime, if any, did the
FALSIFIED MESSAGES
telegraph
(Art. 173)
operator commit?
Q: What are the punishable acts?
A: He was guilty of falsification of telegraph
messages. (U.S. v. Romero)
A:
1. Uttering fictitious, wireless, telegraph or
telephone message FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATES OF MERIT OR SERVICE ETC.
(Art. 174)
2. Falsifying wireless, telegraph or
telephone message Elements:
a. Offender is an officer or employee of Q: What are the punishable acts?
the government or an officer or
employee of a private corporation A:
engaged in the service of sending or 1. Issuance of false certificate by a physician
receiving wireless, cable or or surgeon in connection with the
telephone message practice of his profession
b. He falsifies wireless, cable telegraph
or telephone message Note: It is essential that the medical
certificate is used knowing it to be false.
3. Using such falsified message
Elements: 2. Issuance of a false certificate or merit or
service, good conduct or similar
a. Offender knew that wireless, cable,
circumstances by a public officer;
telegraph, or telephone message
was falsified by an officer or
Note: Intent to gain is immaterial. But if the
employee of a private corporation,
public officer issued the false certificate in
engaged in the service of sending or
consideration of a promise, gift or reward,
receiving wireless, cable or
he will also be liable bribery.
telephone message
b. He used such falsified dispatch
3. Falsification by a private person of any
c. The use resulted in the prejudice of a
certificate falling within 1 and 2.
third party or at least there was
intent to cause such prejudice
Q: What is a certificate?
Note: Act No. 1851, Sec. 4, punishes private
individuals who forge or alter telegrams. A: Any writing by which testimony is given that a
fact has or has not taken place.

Q: Who are the people liable under this Article?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 153
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

counterfeiting or falsification
A:
1. Physician or surgeon 2. Possessing with intent to use the
2. Public officer instrument or implements for
3. Private individual who falsified a counterfeiting or falsification made in or
certificate falling in the classes introduced into the Philippines by
mentioned in nos. 1 and 2. another person

Note: Falsification of certificate of large cattle is not Q: Is it necessary that the implements confiscated
covered by Art. 174. The certificate of large cattle is a form a complete set for counterfeiting or
public document and its falsification is covered by Art. falsification?
171 or Art. 172, depending on whether the offender is
a public officer or a private individual. A: No, it being enough that they may be employed
by themselves or together with other implements
The phrase “or similar circumstances” in Art. 174 does to commit the crime of counterfeiting or
not seem to cover property, because the circumstance falsification.
contemplated must be similar to “merit,” “service,” or
“good conduct.”
Art. 165 and 176 punish not only actual physical
possession, but also constructive possession or the
USING FALSE CERTIFICATES
subjection of the thing to one’s control.
(Art. 175)
OTHER FALSITIES
Q: What are the elements of this crime?
USURPATION OF AUTHORITY OR OFFICIAL
A:
FUNCTIONS (Art. 177)
1. A physician or surgeon had issued a false
medical certificate, or public officer had
Q: What are the forms of usurpation?
issue a false certificate or service, good
conduct, or similar circumstance, or a
A:
private person had falsified any of said
1. Usurpation of Authority – Knowingly and
certificates
falsely representing oneself to be an
officer, agent or representative of any
2. Offender knew that the certificate was
department or agency of the Philippine
false
Government or any foreign government.

3. He used the same Note: Under the first form, mere false
representation is sufficient to bring about
Note: When any of false certificates mentioned in Art. criminal liability.
174 is used in judicial proceedings, Article 172 does
not apply because it is limited only to those false There must be positive, express and explicit
documents embraced in Articles 171 and 172. representation.

Ratio: Use of false document in judicial proceeding

2. Usurpation of Official Functions –
under Art. 172 is limited to those false document
Performing any act pertaining to any
embraced in Arts. 171 and 172.
person in authority or public officer of the
Philippine Government or of a foreign
MANUFACTURING AND POSSESSION .OF
government or any agency thereof, under
INSTRUMENTS OR IMPLEMENTS FOR
pretense of official position, and without
FALSIFICATION (Art. 176)
being lawfully entitled to do so.

Q: What are the punishable acts? Note: Under the second form, without false
pretense there is no crime of usurpation of
A: authority.
1. Making or introducing into the
Philippines any stamps, dies, marks, or Q: Can a public official commit this crime?
other instruments or implements for
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: CRIMES Against Public Interest

A: Yes. Violation of Art. 177 is not restricted to Q: What is a “fictitious name”?

private individuals, public officials may also commit
this crime. A: Fictitious name is any other name which a
person publicly applies to himself without authority
Note: It does not apply to an occupant under color of of law.
title. If it can be proven that the usurpation of
authority or official functions by accused was done in Q: What are the distinctions between using
good faith or under cloth of authority, then the charge fictitious name and concealing true name?
of usurpation will not apply.
A:
R.A. 75 provides penalty for usurping authority of
diplomatic, consular or other official of foreign CONCEALING TRUE
USING FICTITIOUS NAME
government. NAME
Element of publicity must be Element of publicity
Q: To whom does the authority or function present. is not necessary.
usurped pertain? The purpose is either to conceal
The purpose is
a crime, to evade the execution
merely to conceal
A: The function or authority usurped must pertain of a judgment, or to cause
damage. identity.
to:
1. The government
Note: The crime under this article may be complexed
2. Any person in authority
with the crime of delivering prisoners from jail, but
3. Any public officer
may not be complexed with evasion of service of
sentence.
USING FICTICIOUS NAME AND CONCEALING
TRUE COMMONWEALTH ACT No. 142, as
NAME (Art. 178) amended by R.A. No. 6085
(An Act Regulating the Use of Aliases)
Q: What are the punishable acts?
Q: What does this law prohibit?
A:
1. Using fictitious name A:
GR: No person shall use any name different
Elements: from the one with which he was registered at
a. Offender uses a name other than his birth in the office of the local civil registry, or
real name with which he was registered in the bureau of
b. He uses the fictitious name publicly immigration upon entry; or such substitute
c. Purpose of use is to conceal a crime, name as may have been authorized by a
to evade the execution competent court.
of a judgment or to
cause damage (to XPN: Pseudonym solely for literary, cinema,
public interest) television, radio, or other entertainment and in
athletic events where the use of pseudonym is
Note: If the purpose is to cause damage to normally accepted practice.
private interest, the crime will be estafa
under Art. 315, subdivision 2 Par (a). Note: Any person desiring to use an alias shall apply
for authority therefore in proceedings like those
2. Concealing true name legally provided to obtain judicially authority for a
change of
Elements: name.
a. Offender conceals his true name and
other personal circumstances No person shall be allowed to secure such judicial
b. Purpose is only to conceal his authority for more than one alias.
identity

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 155
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

The judicial authority for the use of alias, the Christian

name and the alien’s immigrant name shall be EO 297 punishes the illegal manufacture, sale,
recorded in the proper local civil registry, and no distribution and use of PNP uniforms, insignias and
person shall use any name/s other than his original or other accoutrements.
real name unless the same is or are duly recorded in
the proper local civil registry. FALSE TESTIMONY

Q: Does the common‐law wife incur criminal Q: What is a false testimony?

liability if he uses the surname of his common‐law
husband? A: A false testimony is a declaration under oath of a
witness in a judicial proceeding which is contrary to
A: A common‐law wife does not incur criminal what is true, or to deny the same or to alter
liability under the Anti‐Alias Law if she uses the essential truth.
surname of the man she has been living with for
the past 20 years and has been introducing herself Note: Committed by a person who, being under oath
to and required to testify as to the truth of a certain
the public as his wife. matter at a hearing before a competent authority,
shall deny the truth or say something contrary to it.
ILLEGAL USE OF UNIFORM OR INSIGNIA Q: What are the three forms of false testimony?
(Art. 179)
A: False testimony in:
Q: What are the elements of the crime? 1. Criminal Cases
2. Civil Cases
A: 3. Other Cases
1. Offender makes use of insignia, uniform
or dress Q: Can a false testimony be committed thru
2. The insignia, uniform or dress pertains to negligence?
an office not held by the offender or to a
class of persons of which he is not a A: No. False testimony requires a criminal intent
member and cannot be committed thru negligence. It could
3. Said insignia, uniform, or dress is used not be frustrated or attempted.
publicly and improperly
Q: What is the reason for punishing false
Q: Is it required that there be exact imitation of testimony?
uniform to constitute illegal use of uniforms or
insignia? A: Falsehood is ever reprehensible; but it is
particularly odious when committed in a judicial
A: No. Colorable resemblance calculated to deceive proceeding, as it constitutes an imposition upon
ordinary persons is sufficient. the court and seriously exposes it to a miscarriage
of justice.
Q: What is meant by “improper” use of uniform or
insignia? FALSE TESTIMONY AGAINST THE DEFENDANT
(Art. 180)
A: It means that the offender has no right to use
the uniform or insignia. Q: What are the elements of this crime?

Note: Using uniform, decoration, or regalia of a A:

foreign State is punished by R.A. 75. 1. There is a criminal proceeding
2. Offender testifies falsely under oath
Wearing insignia, badge or emblem of rank of the against the defendant therein
members of the AFP or Constabulary is punished by 3. Offender who gives false
R.A. 493 except if used in playhouse or theater or in testimony knows that it is false
moving picture films.
4. Defendant against whom the false
testimony is given is either acquitted or
Wearing the uniform of an imaginary office is not
convicted in a final judgment
punishable.
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
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BOOK 2: CRIMES Against Public Interest

Q: Can a defendant who falsely testified in his

Note: The offender must however testify on material own behalf in a criminal case be guilty of false
matters so that even if he actually lied during his testimony favorable to the defendant?
testimony on immaterial matters, like his or her age,
this article is not violated. A: Yes. It must not be forgotten that the right of an
accused to testify in his own behalf is secured to
Violation of this article requires criminal intent. Hence, him, not that he may be enabled to introduce false
it cannot be committed through negligence. testimony into the record, but to enable him to
spread upon the record the truth as to any matter
Q: Is there false testimony even if the testimony is within his knowledge which will tend to establish
not considered by the court? his knowledge. (U.S. v. Soliman)

A: Yes, because what is being considered here is Note: The ruling in Soliman would only apply if the
the tendency of the testimony to establish or defendant voluntarily goes upon the witness stand
aggravate the guilt of the accused and not the and falsely imputes to some other person the
result that the testimony may produce. commission of a grave offense. If he merely denies the
commission of the crime or his participation therein,
Note: Defendant must be sentenced to at least a he should not be prosecuted for false testimony.
correctional penalty or a fine or must be acquitted. (Reyes 2008, p.269)

The offender need not impute guilt upon the accused FALSE TESTIMONY IN CIVIL CASES
to be liable. For this crime to come into play, the (Art. 182)
decision in the criminal case where he testified must
have been already final.
Q: What are the elements of this crime?
Art. 180 applies to Special Penal Laws because Special
Penal Laws follow the nomenclature of the RPC. A:
1. Testimony must be given in a civil case.
FALSE TESTIMONY FAVORABLE TO THE 2. It must relate to the issues presented in
DEFENDANT (Art. 181 ) . said case
3. It must be false
4. It must be given by the defendant
Q: What is essential in this crime?
knowing the same to be false
5. It must be malicious and given with an
A: Intent to favor the accused
intent to affect the issued presented in
said case
Note: False testimony in favor of a defendant need
not directly influence the decision of acquittal and it
need not benefit the defendant. The intent to favor Q: Suppose the false testimony is given a special
defendant is sufficient. proceeding (i.e. probate proceeding), what is the
crime committed?
Q: Is rectification made spontaneously after
realizing the mistake a false testimony? A: Perjury is committed if the false testimony is
given in special proceedings. Art. 182 is not
A: No. applicable when the false testimony is given in
special proceedings.
Note: False testimony by negative statement is still in
favor of the defendant. Note: The basis of penalty is the amount involved in
the civil case.
A statement of mere opinion is not punishable.
The criminal action in false testimony must be
Conviction or acquittal is not necessary (final judgment suspended when there is a pending determination of
is not necessary), but gravity of crime in principal case the falsity of the subject testimonies of private
should be shown. respondents in the civil case. (Ark Travel Express v.
Judge Abrogar, 410 SCRA 148, 2003)

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 157
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What is the effect on prescriptive period of the Note: The SC held that the statement need not be
classification of the false testimony as to whether required but that it was sufficient if it was authorized
it was given in favor or against the accused in a by law to be made. (People v. Angangco G.R. No.
criminal case? L47683, Oct. 12, 1943)

A: The classification significant in determining when Q: What is perjury?

the prescriptive period begins to run:
A: Perjury is the willful and corrupt assertion of
1. In Favor‐ right after the witness testified falsehood under oath or affirmation administered
falsely, the prescriptive period by authority of law on a material matter.
commences to run because the basis of
the penalty on the false witness is the Q: What is an oath?
felony charged to the accused regardless
of whether the accused was acquitted or A: Oath is any form of attestation by which a
convicted or the trial has terminated. person signifies that he is bound in conscience to
perform an act faithfully and truthfully.
2. Against‐ period will not begin to run as
long as the case has not been decided Q: What is meant by “material matter?”
with finality because the basis of the
penalty on the false witness is the A: Material matter means the main fact which is
sentence on the accused testified against the subject of the inquiry or any circumstance
it. When the accused is acquitted, there is which tends to prove that fact, or any fact or
also a corresponding penalty on the false circumstance which tends to corroborate or
witness for his false testimony. (Boado, strengthen the testimony relative to the subject of
2008) inquiry, or which legitimately affects the credit of
any witness
FALSE TESTIMONY IN OTHER CASES who testifies.
AND PERJURY IN SOLEMN AFFIRMATION
(Art. 183) Q: What is the test to determine the materiality of
the matter?

A: The test is not whether the evidence was

proper to be admitted but whether if admitted it
Q: What are the punishable acts? could properly influence the result of the trial.

A: Q: What are the distinctions between perjury and

1. Falsely testifying under oath false testimony?
2. Making a false affidavit.
A:
Q: What are the elements of perjury? PERJURY FALSE TESTIMONY
Any willful and corrupt
A: assertion of falsehood on
Given in the course of a
1. Accused made a statement under oath material matter under
judicial proceeding
or executed an affidavit upon a material oath and not given in
matter judicial proceedings
2. Statement or affidavit was made before Contemplates actual trial
There is perjury even
a competent officer, authorized to where judgment of
during the preliminary
receive and administer oath conviction or acquittal is
investigation.
rendered.
3. In that statement or affidavit, the
accused made a willful and deliberate Perversion of truth
assertion of a falsehood
4. Sworn statement or affidavit containing Note: Mere assertion of falsehood is not enough to
the falsity is required by law amount to perjury. The assertion must be deliberate
and willful.

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: CRIMES Against Public Interest

Q: What could be used as a defense?

Q: What are the punishable acts?
A: Good faith or lack of malice is a defense in A:
perjury. The assertion must be deliberate and 1. Soliciting any gift or promise as a
willful. consideration for refraining from taking
part in any public auction.
Note: Falsely testifying under oath must not be in a
judicial proceeding. Elements:
a. There is a public auction
OFFERING FALSE TESTIMONY IN EVIDENCE b. Offender solicits any gift or
(Art. 184) compromise from any of the
bidders
Q: What are the elements of this crime? c. Such gift or promise is the
consideration for his refraining
A: from taking part in that public
1. Offender offered in evidence a false auction
witness or false testimony d. Offender has the intent to cause
2. He knew the witness or testimony was the reduction of the price of the
false thing auctioned
3. Offer was made in a judicial or official
proceeding Note: The crime is consummated by
mere act of soliciting a gift or promise,
Note: Art. 184 does not apply when the offender and it is not required that the person
induced a witness to testify falsely. Art. 184 applies making the proposal actually refrains
when the offender knowingly presented a false from taking part in any auction.
witness, and the latter testified falsely.
2. Attempting to cause bidders to stay
Q: What is subordination of perjury? away from an auction by threats, gifts,
promises or any other artifice.
A: It refers to the act of a person of procuring a
false witness to testify and thereby commit perjury. Elements:
It is the act of the procurer. a. There is a public auction
b. Offender attempts to cause the
Q: Does subordination of perjury exist under the bidders to stay away from that
RPC? public auction
c. It is done by threats, gifts,
A: No, subordination of perjury no longer exists promises or any other artifice
under the RPC but the act is punished as plain d. Offender has the intent to cause
perjury under Art. 183. It is, however, required that the reduction of the price of the
the false witness must first be convicted of perjury thing auctioned
before the subordinate may be prostituted for his
acts. Note: Mere attempt to cause
prospective bidders to stay away from
Note: The felony is consummated the moment a false the auction is sufficient to constitute an
witness is offered in any judicial or official proceeding. offense. The threat need not be
effective nor the offer or gift accepted.
Looking for a false witness is not punished by law as
that is not offering a false witness. Execution sales should be opened to free
and full competition in order to secure the
The false witness need not be convicted of false maximum benefit for the debtors.
testimony A mere offer to present him is sufficient.
MONOPOLIES AND COMBINATIONS IN
FRAUDS, MACHINATIONS IN PUBLIC RESTRAINT OF TRADE (Art. 186)
AUCTIONS
(Art.185) Q: What is monopoly?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 159
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. Manufacturer, producer, or processor or

A: It is a privilege or peculiar advantage vested in importer (persons liable) combining,
one or more persons or companies, consisting in conspiring or agreeing with any person
the exclusive right or power to carry on a particular (how crime committed) to make
article or control the sale or the whole supply of a transactions prejudicial to lawful
particular commodity. commerce or to increase the market
price
Q: What is combination in restraint of trade? of merchandise (purpose of the crime).

A: Combination in restraint of trade is an Elements:

agreement or understanding between two or more a. Manufacturer, producer, processor
persons, in the form of contract, trust, pool, or importer of any merchandise or
holding company or other form of association, for object of commerce
the purpose of unduly restricting competition, b. Combines, conspires, or agrees with
monopolizing trade and commerce in a certain any person
commodity, controlling its production, distribution c. Purpose is to make transactions
and price, or otherwise interfering with freedom of prejudicial to lawful commerce or to
trade without authority. increase the market price of any
merchandise or object of commerce
Note: Monopoly refers to end while combination in manufactured, produced, processed,
restraint of trade refers to means. assembled or imported into the
Philippines
Q: What are the punishable acts?
Q: What is unfair competition?
A:
1. Combination to prevent free competition A: Unfair competition consists in employing
in the market. deception or any other means contrary to good
faith by which any person shall pass off the goods
Elements: manufactured by him or in which he deals, or his
a. Entering into any contract or business, or services for those one having
agreement or taking part in any established goodwill or committing any act
conspiracy or combination in the calculated to produce the result. (Sec. 168.2, R.A.
form of a trust or otherwise 8293)
b. In restraint of trade or commerce or
to prevent by artificial means free Q: What is the test of unfair competition?
competition in the market
A: The test is whether certain goods have been
2. Monopoly to restrain free competition in clothed with the appearance which is likely to
the market. deceive the ordinary purchaser exercising
ordinary
Elements: care.
a. By monopolizing any merchandise or
object of trade or commerce, or by Q: What are the grounds for liability under Art.
combining with any other person or 186?
persons to monopolize
said A: The grounds for liability are:
merchandise or object 1. Knowingly permitting commission of the
b. In order to alter the prices thereof punishable acts; or
by 2. Failing to prevent the commission of the
spreading false rumors or making said acts.
use of any other artifice
c. To restrain free competition in the Note: Any property possessed under any contract or
market combination contemplated in this article shall be
forfeited in favor of the Government.

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: CRIMES Against Public Interest

Mere conspiracy or combination is punished. tradename or trademark of the real

manufacturer or dealer upon any article
When the offense is committed by a corporation or of commerce and selling the same
association, the president and directors or managers 2. Selling or offering for sale such articles of
who knowingly permitted or failed to prevent the commerce, knowing that the trade name
commission of such offense are liable. or trademark has been fraudulently used
3. Using or substituting the service mark of
The penalty is higher if the items involved are food some other person or colorable imitation
substance, motor fuel or lubricants and goods or of such mark, in the sale or advertising of
prime his services
necessity. 4. Printing, lithographing or reproducing
tradename, trademark, or servicemark of
one person, or a colorable imitation
IMPOSITION AND DISPOSITION OF FALSELY thereof, to enable the person to
MARKED ARTICLES OR MERCHANDISE MADE OF fraudulently use the same knowing the
GOLD, SILVER, OR OTHER PRECIOUS METALS OR fraudulent purpose for which it is to be
THEIR ALLOYS (Art. 187) used.

Q: What are the elements of this crime? UNFAIR COMPETITION, FRAUDULENT

REGISTRATION OF TRADENAME, TRADEMARK,
A: OR
1. Offender imports, sells, or disposes of any SERVICE MARK, FRAUDULENT DESIGNATION OF
of those articles or merchandise ORIGIN, AND FALSE DESCRIPTION
2. Stamps, brands, or marks of those articles (Art. 189)
of merchandise fail to indicate the actual
fineness or quality of said metals or alloys Q: What are the punishable acts?
3. Offender knows that the stamps, brands
or marks fail to indicate the actual A:
fineness or the quality of the metals or 1. Selling goods, giving them the general
alloys appearance of the goods of another
manufacturer or dealer. (Unfair
Note: Manufacturer who alters the quality or fineness competition)
of anything pertaining to his art or business is liable
for estafa under Art. 315 subdivision 2 (b) of the RPC.
2. Affixing to his good or using in connection
with his services a false designation of
Q: What are the articles of the merchandise
origin, or any false description or
involved?
representation and selling such goods or
services (Fraudulent designation of
A: origin.
1. Gold (False description)
2. Silver
3. Other precious metals
Note: Arts. 188 and 189 have been repealed by R.A.
4. Their alloys 8293. The Intellectual Property Code of the
Philippines.
Note: Selling the misbranded articles is not necessary.
B. The New Public Bidding Law (R.A. 9184)
SUBSTITUTING AND ALTERING TRADEMARKS,
TRADE NAMES OR SERVICE MARKS Q: What are the prohibited acts under R.A. 9184?
(Art. 188)

A:
Q: What are the punishable acts?
A:
1. Substituting the trade name or trademark 1. Public officers who commit any of the
of some other manufacturer or dealer, or following acts:
a colorable imitation thereof, for the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 161
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

a. Open any sealed Bid including but not c. When two or more bidders enter into an
limited to Bids that may have been agreement which call upon one to refrain
submitted through the electronic system from bidding for Procurement contracts,
and any and all documents required to be or which call for withdrawal of bids
sealed or divulging their contents, prior already submitted, or
to the appointed time for the public which are otherwise
opening of Bids or other documents. intended to secure as undue
advantage to any one of them.
b. Delaying, without justifiable cause, the
screening for eligibility, opening of bids, d. When a bidder, by himself or in
evaluation and post evaluation of bids, connivance with others, employ schemes
and awarding of contracts beyond the which tend to restrain the natural rivalry
prescribed periods of Bids or other of the parties or operates to stifle or
documents.

c. Unduly influencing or exerting undue

pressure on any member of the BAC or
any officer or employee of the procuring
entity to take a particular bidder.

d. Splitting of contracts which exceed

procedural purchase limits and
competitive bidding.

e. When the head of the agency abuses the

exercise of his power to reject any and all
bids as mentioned under Section 41 of
this Act with manifest preference to any
bidder who is closely related to him in
accordance with Section 47 of this Act.

Note: When any of the foregoing acts is done in

collusion with private individuals, the private
individuals shall likewise be liable for the offense.

2. Private individuals who commit any of the

following acts, including any public officer, who
conspires with them:

a. When two or more bidders agree and

submit different Bids as if they were bona
fide, when they knew that one or more of
them was so much higher than the other
that it could not be honestly accepted
and that the contract will surely be
awarded to the pre‐arranged lowest bid.

b. When a bidder maliciously submits

different Bids through two or more
persons, corporations, partnerships or
any other business entity in which he has
interest of create the appearance of
competition that does not in fact exist so
as to be adjudged as the winning bidder.

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

7
SAIPUDIN, ADRIAN VALBUENA
6

suppress competition and thus produce a result disadvantageous to the

public.

3. Private individuals who commit any of the following acts, and any public officer conspiring with them:
a. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents
calculated to influence the outcome of the eligibility screening process or conceal such information in the
eligibility requirements when the information will lead to a declaration of ineligibility from participating in
public bidding.
b. Submit Bidding Documents of whatever kind and nature than contain false information or falsified
documents or conceal such information in the Bidding Documents, in order to influence the outcome of the
public bidding.
c. Participate in a public bidding using the name of another or allow another to use one's name for the
purpose of participating in a public bidding.
d. Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid, or to
accept and award, without just cause or for the purpose of forcing the Procuring Entity to award the contract to
another bidder. This shall include the non‐ submission of requirements such as, but not limited to,
performance security, preparatory to the final award of the contract.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 163
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

4. When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on its directors,
officers or employees who actually commit any of the foregoing acts.(Sec. 65)

CRIMINAL LAW TEAM:

ADVISER: JUDGE RICO SEBASTIAN
BOOK 2: CRIMES Relative to Opium and Other Prohibited Drugs

V. CRIMES RELATIVE TO OPIUM AND OTHER

PROHIBITED DRUGS A:
1. The identity of the buyer and the seller
A. The Comprehensive Dangerous Drugs Act of 2. The object, and the consideration
2002 (R.A. 9165) 3. The delivery of the thing sold and the payment
therefor.
Q: What are the punishable acts under this act?
Note: All these require evidence that the sale transaction
A: transpired, coupled with the presentation in court of the
corpus delicti, i.e., the body or substance of the crime.
1. Importation of Dangerous Drugs and/or (People v. Capuno,
Controlled Precursors and Essential Chemicals G.R.185715, 19 January 2011)
(Sec.4)
3. Maintenance of a Den, Dive or Resort (Sec.6)
Note: Any person, who, unless authorized by law, shall
Q: Who are liable?
import or bring into the Philippines any dangerous drug,
regardless of the quantity and purity involved, including
A:
any and all species of opium poppy or any part thereof or
1. Owner of den, dive or resort where any
substances derived therefrom even for floral, decorative
and culinary purposes. dangerous drug is used or sold in any form

2. Sale, Trading, Administration, Dispensation, 2. Employee of den dive or resort who is aware
Delivery, Distribution and Transportation of of the nature of the place as such
Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. (Sec.5) 3. Visitor of den, dive or resort who is aware of
the nature of the place as such and shall
Note: Selling is any act of giving away any dangerous drug knowingly visit the same
and/or controlled precursor and Note: If such den or dive is owned by a 3 rd person, the
essential chemical whether for money or following is required:
any other consideration. (Sec.5)
1. That the criminal complaint shall allege that such
Q: What are the elements of this crime? place is intentionally used in the furtherance of the
crime

164 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
 2. That the prosecution shall prove such intent on the Q: What are the elements of this crime?
part of the owner to use the property for such
purpose A:
3. That the owner shall be included as an accused in 1. The accused was in possession of an item or
the criminal complaint an object identified to be a prohibited or
regulated drug
Such den, dive or resort shall be confiscated and 2. Such possession is not authorized by law
escheated in favor of the government. 3. The accused was freely and consciously aware
of being in possession of the drug.
4. Manufacture of:
a. Dangerous Drugs and/or 5. Use of dangerous drugs (Sec.15)
Controlled
Precursors and Essential Chemicals Note: Use is any act of injecting, intravenously or
b. Equipment, Instrument, Apparatus, and Other intramuscularly, of consuming, either by chewing, smoking,
Paraphernalia for Dangerous Drugs and/or sniffing, eating, swallowing, drinking or otherwise
Controlled Precursors and introducing into the physiological system of the body, and
Essential Chemicals (Sec.8) of the dangerous drugs.

Q: What do you mean by manufacturing? Q: What are the elements of this crime?

A:
A: It is the:
1. The accused was apprehended for the use of
1. The production, preparation, compounding or
dangerous drugs
processing of any dangerous drug and/or
2. He was found to be positive for use of any
controlled precursor and essential chemical,
dangerous drugs
either directly or indirectly or by extraction
3. No other dangerous drug was found in his
from substances of natural origin, or
possession.
independently by means of chemical synthesis
or by a combination of
NOTE: Where the person tested is also found to have in his
extraction and chemical synthesis,
possession any other dangerous drugs, s/he shall be
2. And shall include any packaging or
prosecuted in accordance with Sec. 11, for illegal
repackaging of such substances, design or
possession of dangerous drugs.
configuration of its form, or labeling or
relabeling of its container; Notwithstanding the provisions of any law to the contrary,
3. Except preparation, compounding, packaging a positive finding for the use of dangerous drugs shall be a
or labeling of a drug or other substances by a qualifying aggravating circumstance in the commission of a
duly authorized practitioner as an incident to crime by an offender, and the application of the penalty
his/her administration or dispensation of such provided for in the RPC shall be applicable.
drug or substance in the course of his/her
professional practice including research, 6. Cultivation or culture of plants classified as
teaching and chemical analysis of dangerous Dangerous Drugs or are sources thereof (Sec. 16)
drugs or such substances that are not
intended for sale or for any other purpose. Q: What do you mean by cultivation in R.A. 9165?
(Sec.8)
A: Cultivation is any act of knowingly planting, growing,
4. Possession of: raising, or permitting the planting, growing or raising of
a. Dangerous drugs (Sec. 11) any plant which is the source of a dangerous drug.
b. Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs 7. Maintenance and Keeping of Original Records of
(Sec. 12) Transactions on Dangerous Drugs and/or Controlled
c. Dangerous Drugs during Parties, Social Precursors and Essential Chemicals
Gatherings or Meetings (Sec. 13) (Sec.17)
d. Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs during
Parties, Social Gatherings or CRIMINAL LAW TEAM:
ADVISER: JUDGE RICO SEBASTIAN
Meetings (Sec. 14)
Q: Who are liable?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 165
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: Any practitioner, manufacturer, wholesaler, importer, Note: Arts. 195‐196 have been repealed and modified by
distributor, dealer or retailer who violates or fails to P.D. Nos. 449, 483 and 1602, as amended by Letters of
comply with the maintenance and keeping of the Instructions No. 816.
original records of transactions on any dangerous drug
and/or controlled precursor and essential chemical in OFFENSES AGAINST DECENCY AND GOOD
accordance with Section 40 of this Act. CUSTOMS

8. Unnecessary Prescription of Dangerous Drugs Note: Decency means propriety of conduct, proper
(Sec. 18) observance of the requirements of modesty, good
taste, etc.
Q: Who are liable?
Customs are established usages, social conventions carried
A: Any practitioner, who shall prescribe any dangerous on by tradition and enforced by social disapproval of any
violation thereof.
drug to any person whose physical or physiological
condition does not require the use or in the dosage
prescribed therein, as determined by the Board in GRAVE SCANDAL
consultation with recognized competent experts who ART. 200
are authorized representatives of professional
organizations of practitioners, particularly those who are Q: What are the elements of grave scandal?
involved in the care of persons with severe pain.
A:
9. Unlawful Prescription of Dangerous Drugs (Sec. 1. Offender performs an act or acts
19)
2. Such act or acts be highly scandalous as
Q: Who are liable? offending against decency or good customs

A: Any person, who, unless authorized by law, shall Note: The offense must be directed on the sense
make or issue a prescription or any other writing of decency or good customs not on property such
purporting to be a prescription for any dangerous drug. as scattering human feces on buildings.

Q: What is the effect of attempt or conspiracy on the 3. Highly scandalous conduct is not expressly
criminal liability? falling within any article of this
code
A: The accused shall be penalized by the same penalty
prescribed for the commission of the same as provided
4. Act or acts complained of be committed in a
under:
public place or within the public knowledge or
view
1. Importation of any dangerous drug and/or
controlled precursor and essential chemical
Note: If the act or acts of the offender are punished under
2. Sale, trading, administration, dispensation,
another article of the RPC, Art. 200 is not
delivery, distribution and transportation of
applicable.
any dangerous drug and/or controlled
precursor and essential chemical
If in public place, there is criminal liability irrespective of
3. Maintenance of a den, dive or resort where whether the immoral act is open to the public view. Public
any dangerous drug is used in any form view is not required. It is sufficient if committed in public
4. Manufacture of any dangerous drug and/or place.
controlled precursor and essential chemical
5. Cultivation or culture of plants which are If committed in the public place, the act is deemed
sources of dangerous drugs. committed in public view because of the possibility of being
witnessed by third persons.

BOOK 2: Crimes Against Public Morals

VI. CRIMES AGAINST PUBLIC MORALS (200‐202)
If in private place, public view or public knowledge is
GAMBLING AND BETTING required.

166 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
Q: What is the difference between grave
scandal and alarms and scandal? a. Glorify criminals or condone crimes
b. Serve no other purpose but to satisfy the
A: market for violence, lust or pornography
GRAVE SCANDAL ALARM AND SCANDAL c. Offend any race, or religion
The scandal involved d. Tend to abet traffic in and use of
refers to moral scandal prohibited drugs
The scandalous acts are
offensive to decency,
committed against the
although it does not
will of the woman. Force
disturb public peace. But
or intimidation is
such conduct or act must
employed.
be open to the public
view.

Q: What is the difference between grave scandal

and acts of lasciviousness?

A:
ACTS OF
GRAVE SCANDAL
LASCIVIOUSNESS
The scandalous acts are
The performance of
committed against the
scandalousacts is
will of woman. Force or
mutually consented.
intimidation is employed.

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS

AND EXHIBITIONS, AND INDECENT SHOWS
(Art. 201)

Q: Who are the persons liable?

A:
1. Those who shall publicly
expound or proclaim doctrines
openly contrary to
public morals

2. The authors of obscene

literature, published with their
knowledge in any form, the
editors publishing such
literature; and the
owners/operators of
the establishment selling the same

3. Those who, in theaters, fairs,

cinematographs or any other
place, exhibit incident or
immoral plays, scenes, acts, or
shows, it being understood that
the obscene literature or
incident or immoral plays,
scenes, acts, or show, whether
live or in film which are
prescribed by virtue hereof shall
include those which:
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 167
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

e. Are contrary to law, public order, any lawful purpose.

morals, good customs, established
policies, unlawful orders, decrees Q: What is the rationale of penalizing vagrancy?
and edicts
A: The purpose of the law is not simply to punish a
Note: Publicity is an essential element. person because he has no means of livelihood; it is
to prevent further criminality.
Mere nudity in paintings and picture is not obscene.
Note: Being jobless does not make one a vagrant. What
Pictures with slight degree of obscenity having no the law penalizes is the neglect and refusal to work and
artistic value and being intended for commercial the loitering in or about public places without giving a
purposes fall within this article. good account of his presence therein.

4. Those who shall sell, give Q: Who are the persons liable?
away, or exhibit, film, prints,
engravings, sculptures, or A:
literature which are 1. Any person having no apparent means of
offensive to morals. Publicity subsistence, who has the physical ability
is essential. to work and who neglects to apply
himself or herself to some calling
Q: What is the test of obscenity?
2. Any person found loitering about public or
A: Whether or not the material charged as obscene semi‐public buildings or places or
has the tendency to deprave and corrupt the minds tramping or wandering about the country
of those open to the influence thereof, or into or the streets without visible means of
whose hands such material may come to (Kottinger support
Rule)
Note: Article 202 (2) does not violate the equal
Note: The test is objective. It is more on the effect protection clause; neither does it discriminate against
upon the viewer and not alone on the conduct of the the poor and the unemployed. Offenders of public
performer. order laws are punished not for their status, as for
being poor or unemployed, but for conducting
Q: When is the author and the publisher of the themselves under such circumstances as to endanger
obscene literature liable under Art. 201? the public peace or cause alarm and apprehension in
the community. Being poor or unemployed is not a
license or a justification to act indecently or to engage
A: Writing obscene literature is not punished, but
in immoral conduct.
the author is liable if it is published with his
knowledge. In every case, the editor publishing it is
Vagrancy must not be so lightly treated as to be
liable. (Reyes, 2008)
considered constitutionally offensive. It is a public
order crime which punishes persons for conducting
Q: If the viewing of pornographic materials is done themselves, at a certain place and time which orderly
privately, can there be violation of Art. 201? society finds unusual, under such conditions that are
repugnant and outrageous to the common standards
A: No. What is protected is the morality of the and norms of decency and morality in a just, civilized
public in general. The law is not concerned with the and ordered society, as would engender a justifiable
moral of one person. concern for the safety and well‐being of members of
the community. (People v. Siton, GR 169364,
VAGRANTS AND PROSTITUTES September 18, 2009)
(Art. 202)

Q: Who are vagrants? 3. Any middle or dissolute person who

lodges in houses of ill‐fame; ruffians or
A: Vagrants are those who loiter around public or pimps and those who habitually associate
private places without any visible means of support with prostitutes
but who are physically able to work and without
CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
9

4. Any person who not being included in the A: None. One who conspires with a woman in the
provisions of other articles of this Code, prostitution business like pimps, taxi drivers or
shall be found loitering in any inhabited or solicitors of clients are guilty of the crime under Art.
uninhabited place belonging to another 341 for white slavery.
without any lawful or justifiable purpose
Note: Under this article, a prostitute is limited to a
5. Prostitutes. woman. A city or municipal ordinance however may
cover a male prostitute usually called “call boy.” He

BOOK 2: Crimes Against Public Morals

Q: If a person is found wandering in an estate cannot, however, be punished under Art. 202. He can
belonging to another, whether public or private, be prosecuted under the ordinance concerned.
without any lawful purpose, what other crimes
may be committed? Q: What are the distinctions between vagrancy
and prostitution?
A: When a person is apprehended loitering inside an
estate belonging to another, the following crimes
may be committed:
ACADEMICS CHAIR:LESTER JAY ALAN II
1. Trespass to property – If the estate is
V ICE FOR ACADEMICS: KAREN SABUGO
fenced there is a clear prohibition against
entering, but the offender entered
without the consent of the owner or VAGRANCY PROSTITUTION
overseer thereof. Can be committed by Can only be committed
either a man or woman. by a woman.
2. Attempted theft – If the estate is fenced A woman who for profit
and the offender entered the same to A man if he engages in or money habitually
hunt therein or fish from any waters sex for money is not a engages in sexual or
therein or to gather any farm products prostitute, but a vagrant. lascivious conduct is a
therein without the consent of the owner prostitute.
or overseer thereof;
A:
3. Vagrancy – If the estate is not fenced or
there is no clear prohibition against
entering.

Q: Who are prostitutes?

A: They are women who, for money or profit,

habitually indulge in sexual intercourse or lascivious
conduct. Note: Art. 202 is not applicable to minors.

Q: Is sexual intercourse a necessary element to

constitute prostitution?

A: No, the mere indulging in lascivious conducts

habitually because of money or gain would amount
to prostitution. Virginity is not a defense.
Habituality is the controlling factor; it has to be
more than once.

Q: Is there a crime of prostitution by conspiracy?

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 169

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. That his authority to take part in the

performance of public functions or to
perform public duties must be by – a.
Direct provision of the law
b. Popular election
c. Appointment by competent
authority

Note: Under R.A. 3019, the term “public officer” is

broader and more comprehensive because it includes
all persons whether an official or an employee,
temporary or not, classified or not, contractual or
otherwise.

Any person who receives compensation for services

rendered is a public officer.

Note: Public officers include every public servant from

the lowest to the highest rank provided that they
exercise public functions.

Q: Javier was charged with malversation of public

funds. She was the private sector representative in
the National Book Development Board (NBDB),
which was created by Republic Act (R.A.) No. 8047,
otherwise known as the “Book Publishing Industry
Development Act”. Is Javier, a private sector
representative to the board a public officer?

A: Yes. Notwithstanding that Javier came from the

private sector to sit as a member of the NBDB, the
law invested her with some portion of the sovereign
functions of the government, so that the purpose of
the government is achieved. In this case, the
government aimed to enhance the book publishing
industry as it has a significant role in the national
VII. CRIMES COMMITTED BY PUBLIC OFFICERS development. Hence, the fact that she was
appointed from the public sector and not from the
PRELIMINARY PROVISIONS other branches or agencies of the government does
not take her position outside the meaning of a
PUBLIC OFFICERS public office.(Javier v. Sandiganbayan, GR
(Art. 203) 14702627, September 11, 2009)

MALFEASANCE AND MISFEASANCE IN OFFICE

Q: How can a person be considered a public
officer?
Q: What are the three forms of breach of
oath/duty?
A: To be a public officer, one must:
1. Take part in the performance of public
A:
functions in the government, or in
1. Misfeasance – when a public officer
performing in said government or in any
performs official acts in the manner not in
of its branches public duties as an
accordance with what the law prescribes.
employee, agent or subordinate official,
or any rank or class; and
2. Nonfeasance – when a public officer
willfully refrains or refuses to perform an

CRIMINAL LAW TEAM:

3
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
4

official duty which his office requires him

to perform.

3. Malfeasance – when a public officer

performs in his public office an act
prohibited by law.

Q: What are crimes of misfeasance?

A:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of
justice

Q: What is a crime of nonfeasance?

A: Dereliction of duty in the prosecution of offenses

Q: What are crimes of malfeasance?

A:
1. Direct bribery
2. Indirect bribery

KNOWINGLY RENDERING UNJUST JUDGMENT

(Art. 204)

Q: What are the elements of this crime?

A:
1. Offender is a judge
2. He renders a judgment in a case
submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgment is
unjust

Q: What is judgment?

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 171

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Committed By Public Officers

A: A judgment is the final consideration and JUDGMENT RENDERED THROUGH NEGLIGENCE

determination of a court of competent jurisdiction (Art. 205)
upon the matters submitted to it, in action or
proceeding. Q: What are the elements of this crime?

It must be written in the official language, A:

personally and directly prepared by the judge and 1. Offender is a judge
signed by him and shall contain clearly and 2. He renders a judgment in a case
distinctly a statement of the facts and the law upon submitted to him for decision
which it is based. 3. Judgment is manifestly unjust
4. It is due to his inexcusable negligence or
Q: What is an unjust judgment? ignorance

A: An unjust judgment is one which is contrary to Q: What is meant by “manifestly unjust

law or is not supported by the evidence or both. judgment”?

Q: What are the sources of unjust judgment? A: A “manifestly unjust judgment” is a judgment
which cannot be explained with reasonable
A: interpretation or is a clear, incontrovertible and
1. Error notorious violation of a legal precept. It must be
2. Ill‐will or revenge patently contrary to law if rendered due to
3. Bribery ignorance or inexcusable negligence.

Note: There must be evidence that the decision Note: Before a civil or criminal action against a judge
rendered is unjust. It is not presumed. The Supreme for violations of Articles 204 and 205 can be
Court must have declared the judgment as unjust in a entertained, there must be a “final and authoritative
certiorari, prohibition, or administrative proceeding. judicial declaration” that the decision or order in
question is indeed unjust. The pronouncement may
Abuse of discretion or mere error of judgment cannot result from either: (a) an action for certiorari or
likewise serve as basis for rendering an unjust prohibition in a higher court impugning the validity of
judgment in the absence of proof of an allegation of a judgment, or (b) an administrative proceeding in the
bad faith. Supreme Court against the judge precisely for
promulgating an unjust judgment or order. (De Vera v.
Q: Can this crime be committed by the Pelayo, G.R. No. 137354, July 6, 2000)
member/justices of the appellate courts?
UNJUST INTERLOCUTORY ORDER
A: No, it may be committed only by a judge of a (Art. 206)
trial
court and never of a collegiate body. Q: What are the elements of this crime?

Ratio: In collegiate courts like the CA and SC, not only A:

one magistrate renders or issues the judgment or 1. Offender is a judge
interlocutory order. Conclusions and resolutions 2. He performs any of the following acts:
thereof are handed down only after deliberations a. Knowingly renders an unjust
among the members, so that it cannot be said that interlocutory order or decree; or
there is malice or inexcusable negligence or ignorance b. Renders a manifestly unjust
in the rendering of a judgment or order that is interlocutory order or decree
supposedly unjust. through inexcusable negligence or
ignorance.
Note: Judges cannot be subjected to liability – civil,
criminal or administrative – for any of their official Q: What is an interlocutory order?
acts, no matter how erroneous, as long as they acted
in good faith.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 172
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Committed By Public Officers

A: It is one issued by the court deciding a collateral 2. There is dereliction of the duties of his
or incidental matter; it is not a final determination office, that is, knowing the commission of
of the issues of the action or proceeding. the crime, he does not cause the
prosecution of the criminal, or knowing
E.g. Judge’s order or resolution denying the Demurrer that a crime is about to be committed, he
to Evidence submitted by the accused. tolerates its commission

Q: What is the test in determining whether the 3. Offender acts with malice and deliberate
order is considered an interlocutory order? intent to favor the violator of the law

A: If the order answers the question – Does it leave Q: Who can be offenders in Art. 208?
something to be done in the trial court with respect
to the merits of the case? – in the affirmative, then A:
it is interlocutory; if it does not, it is final. 1. A public officer (officer in the prosecution
department whose duty is to institute
MALICIOUS DELAY IN THE ADMINISTRATION OF criminal proceedings upon being
JUSTICE (Art. 207) informed)

Q: What are the elements of this crime? 2. An officer of the law (by reason of
position held by them are duty‐bound to
A: cause prosecution and punishment of
1. Offender is a judge offenders)
2. There is a proceeding in his court
3. He delays the administration of justice Note: There must be a duty on the part of the public
4. Delay is malicious, that is, with deliberate officer to prosecute or move for the prosecution of
intent to inflict damage on either party in the offender. However, a fiscal is under no compulsion
the case to file information based upon a complaint if he is
convinced that the evidence before him is insufficient
Note: Mere delay without malice is not punishable. to warrant filing an action in court.

If the delay is not malicious, but committed through Q: What does “maliciously” connote?
gross negligence, the crime committed is that under
R.A. 3019, Sec. 3(e). A: “Maliciously” connotes that the act complained
of must be the result of a deliberate evil intent and
PROSECUTION OF OFFENSE; NEGLIGENCE AND does not cover a mere voluntary act.
TOLERANCE (Art. 208)
Note: A dereliction of duty caused by a poor judgment
Q: What are the punishable acts? or honest mistake is not punishable.

A: The crime committed by the law‐violator must be

1. Maliciously refraining from instituting proved first. If the guilt of the law‐violator is not
proved, the person charged with dereliction of duty is
prosecution against violators of the law.
not liable.
2. Maliciously tolerating the commission of
offenses.
Q: Who can be liable for dereliction of duty in the
prosecution of offenses?
Q: What are the elements of dereliction of duty in
the prosecution of offenses?
A: This crime can only be committed by a public
officer whose official duty is to prosecute offenders,
A:
that is, state prosecutors. Hence, those officers
1. Offender is a public officer or officer of
who are not duty bound to perform these
the law who has a duty to cause the
obligations
prosecution of, or to prosecute offenses
cannot commit this crime in the strict sense.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 173
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: If a police officer tolerates the commission of a

crime or otherwise refrains from apprehending A:
the
offender, is he liable for dereliction of duty?

A: No. Such police officer cannot be prosecuted for

dereliction of duty but he can be prosecuted as
follows:
1. An accessory to the crime committed by
BETRAYAL OF PUBLIC TRUST BY AN ATTORNEY
the principal in accordance with Article
OR
19, paragraph 3
SOLICITOR REVELATION OF SECRETS
(Art. 209)
2. He may become a fence if the crime
committed is robbery or theft, in which
Q: What are the punishable acts?
case he violates the Anti‐Fencing Law

A:
3. He may be held liable for violating the
1. Causing damage to his client, either by
Anti‐Graft and Corrupt Practices Act
any malicious breach of professional duty
by inexcusable negligence or ignorance.
Q: Can a Barangay Chairman be held liable for
dereliction of duty?
Note: Damage is not necessary.

A: Yes, because a Barangay Chairman is expressly

2. Revealing any of the secrets of his client
authorized by law to prosecute violators of laws
learned by him in his professional
within their jurisdiction. If he does not do so, he
capacity.
can
be prosecuted for dereliction of duty.
3. Undertaking the defense of the opposing
party in the same case, without the
Q: What is prevaricacion?
consent of his first client, after having
undertaken the defense of said first client
A: There is prevaricacion when a public officer
or after having received confidential
regardless of his duty violates the oath of his office
information from said client.
by not carrying out the duties of his office for which
he was sworn to, thus, amounting to dereliction of
Note: if the client consents to the attorney’s
duty.
taking the defense of the other party, there
is no crime.
Q: What is covered in prevaricacion?
Q: What is the rule with regard to
A: Prevaricacion covers any dereliction of duty communications made with prospective clients?
whereby the public officer involved violates his
oath of office. The thrust of prevaricacion is the A: Under the rules on evidence, communications
breach of the oath of office by the public officer made with prospective clients to a lawyer with a
who does an act in relation to his official duties. It is view to engaging his professional services are
not limited to dereliction of duty in the prosecution already privileged even though client‐lawyer
of offenders. relationship did not eventually materialize because
the client cannot afford the fee being asked by the
Q: What is the difference between prevaricacion lawyer.
and dereliction of duty?
Note: That privilege communication with a
PREVARICACION DERELICTION OF DUTY prospective client implies that the same is
Applies to public officers confidential. Therefore, if the lawyer would reveal the
in general who is remiss Dereliction of duty refers same or otherwise accept a case from the adverse
or who is maliciously only to prosecuting party, he would already be violating Article 209.
refraining from exercising officers.
the duties of his office.
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Committed By Public Officers

It is not only the lawyer who is protected by the

matter of privilege but also the office staff like the Illustration:
secretary. This is the first kind of direct bribery. If a court
stenographer, in consideration of a gift or present or
Q: Are all information confided to counsel even a promise, agrees with the accused to alter the
classified as privileged? notes taken by him during the trial to make it appear
that the witness testified favorably to the accused,
A: No. A distinction must be made between when in truth, his testimony was adverse to him, said
confidential communications relating to past crimes stenographer is guilty of bribery. He agreed to
perform falsification which is a crime. He and the
already committed, and future crimes intended to
accused shall likewise be held liable for Falsification of
be committed, by the client. It is admitted that the
Public Documents.
announced intention of a client to commit a crime
is not included within the confidences which his
2. Accepting a gift in consideration of the
attorney is bound to respect. (Boado, 2008)
execution of an act which does not
constitute a crime (but which must be
Q: Who is a Procurador Judicial?
unjust) – If the act or omission does not
amount to a crime, the consideration
A: A person who had some practical knowledge of
must be delivered by the corruptor
law and procedure, but not a lawyer, and was
before a public officer can be prosecuted
permitted to represent a party in a case before an
for bribery. Mere agreement is not
inferior court.
enough to constitute the crime because
the act to be done in the first place is
DIRECT BRIBERY legitimate or in the performance of the
(Art. 210) official duties of
the public official.
Q: What is bribery?
Illustration:
A: Bribery is the crime of the public officer who Thus, the Secretary of the Municipal Mayor who was
receives a gift, present, offer or promise by reason under instruction to receive the application of awards
or in connection with the performance of his official in the municipality’s public market for only ten
duties. It is a crime of the receiver. The crime of the persons there being only ten stalls that could be
giver is corruption of public officers. Bribery leased, and in consideration of some money received
requires the concurrence of the will of the from the eleventh applicant, making it appear that his
corruptor and the public officer otherwise the application was the tenth is guilty of this form of
crime is not consummated (Boado, 2008) Direct Bribery. The act of the secretary who is a public
officer is not a crime but it is unjust, it being unfair to
Q: What are the kinds of bribery? the tenth applicant.

A: 3. Abstaining from the performance of

1. Agreeing to perform or performing an act official duties.
pertaining to the duties of the office
which constitutes a crime – If the act or Illustration:
omission amounts to a crime, it is not A police traffic officer who, in consideration of gift
necessary that the corruptor should received or promise offered by a taxi driver who beat
deliver the consideration or the doing of the red light, refrains from issuing a TVR and from
confiscations the driver’s license when it is his duty to
the act. Mere promise is sufficient. The
do so, commits this third form of Direct Bribery.
moment there is a meeting of the minds,
even without the delivery of the
consideration, even without the public Q: What are the elements of direct bribery?
officer performing the act amounting to a
crime, bribery is already committed on
the part of the public officer. Corruption A:
is already committed on the part of the 1. Offender is a public officer within the
supposed giver. scope of Article 203

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 175
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Offender accepts an offer or promise or Q: Suppose the public official did not report the
receives a gift or present by himself or same to his superior and actually accepted it, he
through another allowed himself to be corrupted, what is the crime
committed?
3. Such offer or promise be accepted, or gift
or present received by the public officer – A: The corruptor becomes liable for consummated
a. With a view of committing some corruption of public official. The public officer also
crime becomes equally liable for consummated bribery.
b. In consideration of the execution of
an act which does not constitute a Q: What are the distinctions between bribery and
crime, but the act must be unjust robbery?
c. To refrain from doing something,
which is his official duty to do; BRIBERY ROBBERY
The person arrested has
4. That act which the offender agrees to committed the crime and
perform or which he executes be The person arrested has
he is threatened to give
connected with the performance of his not committed a crime.
money so as not to be
official duties. prosecuted.
The transaction is neither
Q: Is it required that the act was committed? The transaction is
mutual nor voluntary but
generally mutual
consummated by the use
A: No. The last phrase of Art. 210 which provides “ and voluntary.
of force or intimidation.
if the same shall have been committed” does not A:
presume that the act was committed.

Q: A gave X, a public officer, money to alter the

entry in the registry of the Land Registration
Authority. What crimes were committed?

A:
1. On the part of the officer:
a. Direct Bribery
b. Falsification of public document.
2. On the part of the corruptor:
Q: Is temporary performance of public function
a. Corruption of public officer
sufficient to constitute a person a public officer?
b. Falsification of public
document, as principal by
A: Yes. A private person may commit this crime
inducement. (Boado, 2008)
only in the case in which custody of prisoners is
entrusted to him.
Q: Is there frustrated bribery (direct or indirect)?
Q: Does the crime of direct bribery involve moral
A: None. Bribery cannot be committed in the turpitude?
frustrated stage, for the reason that if the
corruption of the official is accomplished, the crime
A: Yes, direct bribery is a crime involving moral
is consummated.
turpitude.

Q: Suppose the public official accepted the

Moral turpitude can be inferred from the third
consideration and turned it over to his superior as
element. The fact that the offender agrees to
evidence of corruption, what is the crime
accept a promise or gift and deliberately commits
committed? an unjust act or refrains from performing an official
duty in exchange for some favors, denotes a
A: The offense is attempted corruption only and not malicious intent on the part of the offender to
frustrated. The official did not agree to be renege on the duties which he owes his fellowmen
corrupted.
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
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BOOK 2: Crimes Committed By Public Officers

and society in general. Also, the fact that the The gift is given in anticipation of future favor from the
offender takes advantage of his office and position public officer.
is a betrayal of the trust reposed on him by the
public. It is a conduct clearly contrary to the Q: Should there be a clear intention on the part of
accepted rules of right and duty, justice, honesty the public officer to take the gift offered?
and good morals. (Magno v. COMELEC, G.R. No.
147904, Oct. 4, 2002) A: Yes, and he should consider the property as his
own for that moment. Mere physical receipt
Q: Deputy Sheriff Ben Rivas received from the RTC unaccompanied by any other sign, circumstance or
Clerk of Court a Writ of Execution in the case of act to show such acceptance is not sufficient to
Ejectment filed by Mrs. Maria Estrada vs. Luis convict the officer.
Ablan. The judgment being in favor of Estrada,
Rivas went to her lawyer’s office where he was Q: What are the distinctions between direct
given the necessary amounts constituting the bribery and indirect bribery?
sheriffs fees and expenses for execution in the
total amount of P550.00, aside from P2000.00 in
consideration of prompt enforcement of the writ The public officer is not
from Estrada and her lawyer. The writ was The public officer is called necessarily called upon to
successfully enforced. What crime, if any, did the upon to perform or perform any official act. It
sheriff commit? refrain from performing is enough that he accepts
an official act. the gifts offered to him by
A: The sheriff committed the crime of Direct Bribery reason of his office.
under the second paragraph of Article 210, RPC, A:
since the P2000.00 was received by him “in DIRECT BRIBERY INDIRECT BRIBERY
consideration” of the prompt enforcement of the Public officer receives gift
writ of execution which is an official duty of the
There is agreement There is no agreement
sheriff to do.
between the public between the public
officer and the corruptor. officer and the corruptor.
INDIRECT BRIBERY
(Art. 211)
Note: There is no attempted or frustrated indirect
bribery because it is committed by accepting gifts to
Q: What is indirect bribery? the public officer by reason of his office.

A: It is the crime of any public officer who shall QUALIFIED BRIBERY

accept gifts offered to him by reason of his office. (Art. 211‐A)

Note: If the public officer does not accept the gift, this
Q: What are the elements of qualified bribery?
crime is not committed but the offeror is guilty of
Corruption of Public Officials under Article 212.
A:
Q: What are the elements of indirect bribery?
1. Offender is a public officer entrusted with
law enforcement
A:
1. Offender is a public officer
2. He refrains from arresting or prosecuting
2. He accepts gifts
an offender who has committed a crime
3. Said gifts are offered to him by reason of
punishable by reclusion perpetua and/or
his office
death
Note: Mere acceptance of the gift because of the
offender’s position constitutes bribery 3. He refrains from arresting or prosecuting
the offender in consideration of any
The article uses the words “gift” and not “promise”, promise, gift or present
and “accept”, not just receive.
Note: The crime involved in qualified bribery is a
heinous crime. The public officer need not receive a

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 177
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

gift or present because a mere offer or promise is collected by him officially, in the
sufficient. collection of taxes, licenses, fees and
other imposts.
CORRUPTION OF PUBLIC OFFICIALS
(Art. 212) 4. Collecting or receiving directly or
indirectly, by way of payment or
Q: What are the elements of this crime? otherwise, things or objects of a nature
different from that provided by law, in
A: the collection of taxes, licenses, fees and
1. Offender makes offers or promise or other imposts.
gives gifts or presents to a public officer
Q: What are the elements of fraud against public
2. The offers or promises are made or the treasury?
gifts or presents are given to a public
officer under circumstances that will A:
make the public officer liable for direct 1. Offender is a public officer
bribery or indirect bribery
2. He should have taken advantage of his
Note: Bribery is the act of the receiver; corruption of office, that is, he intervened in the
Public official is the act of the giver. transaction in his official capacity

Q: When the public officer refuses to be 3. He entered into an agreement with any
corrupted, what crime is committed? interested party or speculator or made
use of any other scheme with regard to:
A: Attempted corruption of public official only. a. Furnishing supplies
FRAUD AND ILLEGAL EXACTIONS AND b. The making of contracts or
TRANSACTIONS c. The adjustment or settlement of
FRAUDS AGAINST THE PUBLIC TREASURY.AND accounts relating to public property
SIMILAR OFFENSES (Art. 213) or funds

Q: What are the punishable acts? 4. Accused had intent to defraud the
Government.
A:
1. Entering into an agreement with any Q: Should there be a fixed allocation on the
interested party or speculator or making matter?
use of any other scheme, to default the
Government, in dealing with any person A: No. The allocation or outlay was made the basis
or with regard to furnishing supplies, the of fraudulent quotations made by the public officer
making of contracts, or the adjustment or involved.
settlement of accounts relating to public
property funds. Note: The fraud is in the implementation of
procurement.
2. Demanding, directly or indirectly, the
payment of sums different or larger than Q: What is the essence of the crime of fraud
those authorized by law, in the collection against public treasury?
of taxes, licenses, fees and other imposts.
A: The essence of this crime is making the
Note: By mere demanding an amount government pay for something not received or
different, whether bigger or smaller, than making it pay more than what is due.
what should be paid, even if the debtor
refuses, illegal exaction is committed.
Q: What are the elements of illegal exactions?

3. Failing voluntarily to issue a receipt as A:

provided by law, for any sum of money
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Committed By Public Officers

1. Offender is a public officer entrusted with

the collection of taxes, licenses, fees and A: The essence of the crime is not misappropriation
other imposts. of any of the amounts but the improper making of
the collection which would prejudice the
2. He is guilty of any of the following acts or accounting of collected amounts by the
omissions: (Forms of Illegal Exactions) government.

a. First form: Demanding, directly or Q: Who may be liable for illegal exaction?
indirectly, the payment of sums
different or larger that those A: Illegal exaction is usually committees by a public
authorized by law – Mere demand officer charged with the duty to collect taxes,
will consummate the crime, even if license fees, import duties and other dues payable
the taxpayer shall refuse to come to the government.
across with the amount being
demanded. Note: Damage to the government is not required.
Public officers with such functions but are in the
Note: Criminal intent must be shown service of the BIR or Bureau of Customs are not to be
that public officer demanded the prosecuted under the Revised Penal Code but under
payment of sums of money knowing the NIRC or the Revised Administrative Code.
them to be excessive.
Illustration:
If good faith is present, there is no If sums are received without demanding the same, a
criminal liability. felony under this article is not committed. However, if
the sum is given as a sort of gift or gratification, the
b. Second form: Failing voluntarily to crime is indirect bribery.
issue a receipt as provided by law,
for any sum of money collected by Where there is deceit in demanding a greater fee than
him officially – The act of receiving those prescribed by law, the crime committed is estafa
payment due to the government and not illegal exaction.
without issuing a receipt will give
rise to illegal exaction even though a This felony may be complexed with malversation. E.g.
provisional receipt has been issued. A tax collector who collected a sum larger than that
authorized by law spent all of them is guilty of two
What the law requires is a receipt in
crimes: (1) illegal exaction, for demanding a greater
the form prescribed by law, which
amount; and (2) malversation, for misappropriating
means official receipt.
the amount collected.

c. Third form: Collecting or receiving OTHER FRAUDS

directly or indirectly, by way of (Art. 214)
payment or otherwise, things or
objects of a nature different from
Q: What are the elements of this crime?
that provided by law –
A:
GR: Under the rules and 1. Offender is a public officer
regulations of the government, 2. He takes advantage of his official position
payment of checks not belonging
3. He commits any of the frauds or deceits
to the taxpayer should not be
enumerated in Articles 315‐318
accepted to settle the obligation
of a taxpayer.
Q: Which court has jurisdiction?
XPN: If the check is a manager’s
A: The RTC has jurisdiction over the offense
check or a certified check.
regardless of the amount or penalty involved,
because the principal penalty is disqualification.
Q: What is the essence of the crime of illegal
exaction?
PROHIBITED TRANSACTIONS
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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 179
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 UST GOLDEN NOTES 2011

(Art. 215)
For a public official to be subject of this crime, it is
Q: What are the elements of this crime? necessary that by reason of his office, he has to
intervene in said contracts or transactions.
A:
1. Offender is an appointive public officer In Article 216, the offender includes not only
appointive but also elective public officials. In fact,
under the second paragraph of the said article, even
2. He becomes interested, directly or
private individuals can be held liable.
indirectly, in any transaction of exchange
or speculation
Act is punished because of the possibility that fraud
may be committed or that the officer may place his
3. Transaction takes place within the own interest above that of the Government or of the
territory subject to his jurisdiction party which he represents.

4. He becomes interested in the transaction Constitutional prohibition exists:

during his incumbency Congress cannot personally appear as counsel; cannot
be interested financially in any franchise or special
E.g. Buying and selling stocks listed in the stock privilege granted by government; cannot intervene in
exchange by an official of the SEC. any matter before office of Government;

Purchasing of stock or shares in a company is simple Executive cannot hold any other office;
investment and not a violation of the article. However,
regularly buying securities for resale is speculation. Constitutional Commission cannot hold any other
office, or engage in practice of profession or
Note: Actual fraud is not required for violation of management of business, or be financially interested
Article 215. The act being punished is the possibility in a contract with or franchise/privilege by the
that fraud may be committed or that the officer may government.
place his own interest above that of the government.
MALVERSATION OF PUBLIC FUNDS OR
POSSESSION OF PROHIBITED INTEREST BY A PROPERTY
PUBLIC OFFICER (Art. 216) (Art. 217)

Q: Who are the persons liable under this article? Q: What are the punishable acts?

A: A:
1. Public officer who, directly or indirectly, 1. Appropriating public funds or property
became interested in any contract or 2. Taking or misappropriating the same
business in which it was his official duty 3. Consenting, or through abandonment or
to intervene. negligence, permitting any other person
to take such public funds or property
2. Experts, arbitrators, and private 4. Being otherwise guilty of the
accountants who, in like manner, took misappropriation or malversation of such
part in any contract or transaction funds or property.
connected with the estate or property in
the appraisal, distribution or adjudication Note: The nature of the duties of the public officer and
of which they had acted. not the name of the office controls. (People v. Reyes,
SB Case No. 26892, August 15, 2006)
3. Guardians and executors with respect to
the property belonging to their wards or Q: What are the common elements to all acts of
the estate. malversation?

Note: The mere violation of the prohibition is A:

punished 1. Offender is a public officer
although no fraud occurs therefrom.

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Committed By Public Officers

2. He had the custody or control of funds or

property by reason of the duties of his A: Yes. The dolo or culpa present in the offense is
office only a modality in the perpetration of the felony.
3. Those funds or property were public Even if the mode charged differs from the mode
funds or property for which he was proved, the same offense of malversation is
accountable involved and conviction thereof is proper. (People
4. He appropriated, took, misappropriated v.
or consented, or through abandonment Pepito)
negligence, permitted another person to
take them Q: Is damage to the government necessary to
constitute malversation?
Q: What is the thrust of the crime of
malversation? A: No. It is not an element of the offense. It is
enough that the proprietary rights of the
A: Malversation is predicated on the relationship of government over the funds have been disturbed
the offender to the property or funds involved. through breach of trust.

Q: In general, who can be held liable for the crime Q: Suppose the money is refunded on the same
of malversation? day it was misappropriated, is malversation
committed?
A: The crime of malversation can be committed
only by an officer accountable for the funds or A: Yes, refund of funds on the same day of
property which is appropriated. misappropriation does not exempt the offender
from criminal liability. The return of the funds
Q: Who are “accountable officers”? malversed is only mitigating not exempting
circumstance.
A: Accountable officers include cashiers, disbursing
officers or property custodians and any public Q: Suppose the offender is willing to pay the
officer having custody of public funds or property amount misappropriated or willing to make some
for which he is accountable. restitution of the property misappropriated, can
he still be liable for malversation?
Q: Is it necessary that the offender actually
misappropriated the funds? A: Yes, because the payment or restitution does not
extinguish criminal liability for malversation but
A: No, somebody else may have misappropriated only the civil liability of the offender.
the funds in question. It is enough that he has
violated the trust reposed on him in connection Q: If the disbursement of public funds is
with the property. unauthorized, will that make up a case of
malversation?
Q: Is it necessary that the offender profited by his
malversation? A: No. There is only malversation only if the public
officer who has custody of public funds should
A: No. His being remiss in the duty of safekeeping appropriate, take, misappropriate; or consents or
public funds violates the trust reposed. permits any other person, through abandonment
or
Q: Is there a crime of malversation through negligence, to take such public funds or property.
negligence?
Note: Where the payment of public funds has been
A: None. The crime is plain malversation whether made in good faith renders him only civilly but not
committed through dolo or culpa. criminally liable. (Boado, 2008)

Q: If the charge is for intentional malversation but Q: A private property was attached or levied by
what was proved was culpable malversation, can the sheriff, can it be a subject of the crime of
the offender be convicted under that Information? malversation?

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 181
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 UST GOLDEN NOTES 2011

A: Yes, though the property belonged to a private A: No, for complex crimes require that one crime is
person, the levy or attachment of the property used to commit another. If the falsification is
impressed it with the character of being part of the resorted to for the purpose of hiding the
public property it being in custodia legis. malversation, the falsification and malversation are
separate offenses. (People v. Sendaydiego)
Q: Suppose the municipal treasurer allowed a
private person’s check to be encashed using the Q: When does presumption of misappropriation
funds in his custody, can he be liable for arise?
malversation?
A: When a demand is made upon an accountable
A: Yes, the act of changing the cash of the officer and he cannot produce the fund or property
government with the check of a private person, involved. The presumption arises only if at the time
even though the check is good, malversation is the demand to produce the public funds, the
committed. accountability of the accused is already determined
and liquidated, that is, a complete and trustworthy
Ratio: A check is cleared only after three days. During audit should have been undertaken.
that period of three days, the government is being
denied the use of the public fund. Note: The moment any money is commingled with the
public fund even if not due the government, it
Q: May a private person commit the crime of becomes impressed with the characteristic of being
malversation? part of public funds.

A: Yes, a private person may also commit An accountable public officer may be convicted of
malversation under the following situations: malversation even if there is no direct evidence of
misappropriation and the only evidence is the
1. Conspiracy with a public officer in shortage in the accounts which he has not been able
to explain satisfactorily.
committing malversation

Q: What are the distinctions between

2. When he has become an accomplice or
malversation and estafa?
accessory to a public officer who commits
malversation
A:
3. When the private person is made the MALVERSATION ESTAFA
custodian in whatever capacity of public Committed by a private
Committed by an
funds or property, whether belonging to person or even a public
accountable public
national or local government, and officer who acts in a
officer.
misappropriates the same private capacity.
Deals with public funds or Deals with private
4. When he is constituted as the depositary property. property.
or administrator of funds or property May be committed
seized or attached by public authority without personal
even though said funds or property misappropriation, as Committed by personal
belong to a private individual when the accountable misappropriation only.
officer allows another to
Q: Is demand an element of malversation? misappropriate the same.

A: No. Demand merely raises a prima facie Q: A Municipal Treasurer, accountable for public
presumption that missing funds have been put to funds or property, encashed with public funds
personal use. private checks drawn in favor of his wife. The
checks bounced, the drawer not having enough
Q: If falsification of documents was resorted to for cash in the drawee bank. The Municipal Treasurer,
the purpose of concealing malversation, is a in encashing private checks from public funds,
complex crime committed? violated regulations of his office. Notwithstanding
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Committed By Public Officers

restitution of the amount of the checks, can the Note: Mere act of leaving without securing clearance
Municipal Treasurer nevertheless be criminally constitutes the crime under Art.219. It is not
liable? What crime did he commit? Explain. necessary that the public officer really
misappropriated public funds.
A: Yes, notwithstanding the restitution of the
amount of the check, the Municipal Treasurer will ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
be criminally liable as restitution does not negate (Art. 220)
criminal liability although it may be considered as
mitigating circumstance similar or analogous to Q: What are the elements of this crime?
voluntary surrender. (People v. Velasquez, 73 Phil.
98) He will be criminally liable for malversation. A:
However, if the restitution was made immediately 1. Offender is a public officer
under vehement protest against an imputation of 2. There is public fund or property under his
malversation and without leaving the office, he may administration
not be criminally liable. (1999 Bar Question) 3. Such public fund or property has been
appropriated by law or ordinance
FAILURE OF ACCOUNTABLE OFFICER TO RENDER 4. He applies the same to a public use other
ACCOUNTS (Art. 218) than that for which such fund or property
has been appropriated by law or
Q: What are the elements of this crime? ordinance

A: Note: Illegal use of public funds or property is also

1. Offender is a public officer, whether in known as technical malversation.
the service or separated therefrom
2. He must be an accountable officer for The presumption of criminal intent will not, however,
public funds or property automatically apply to all charges of technical
malversation because disbursement of public funds
3. He is required by law or regulation to
for public use is per se not an unlawful act.(Abdulla v.
render accounts to the Commission on
People, G.R. No. 150129, April 6, 2005)
Audit, or to a provincial Auditor
4. He fails to do so for a period of two
Q: Why is it termed “technical malversation”?
months after such accounts should be
rendered
A: Because under this article, the fund or property
involved is already appropriated or earmarked for a
Note: This is a felony by omission and
certain public purpose.
misappropriation is not necessary. Demand for
accounting is necessary. It is not necessary that there
be misappropriation. If there is misappropriation, he Q: How is technical malversation committed?
would be liable also for malversation under Art. 217.
A: Instead of applying it to the public purpose for
FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO which the fund or property was already
RENDER ACCOUNTS BEFORE LEAVING THE appropriated by law, the public officer applied it to
COUNTRY (Art. 219) another purpose.

Q: What are the elements of this crime? Q: X appropriated the salary differentials of
A: secondary school teachers of the Sulu State
1. Offender is a public officer College contrary to the authorization issued by
2. He must be an accountable officer for the DBM. Can X be held liable for technical
public funds or property malversation?
3. He must have unlawfully left (or be on
point of leaving) the Philippines without A: No. The third element is lacking. The
securing from the Commission on Audit a authorization given by DBM is not an ordinance or
certificate showing that his accounts have law contemplated in Art. 220. (Abdulla v. People)
been finally settled

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 183
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: Suppose the application made proved to be 1. That the public officer has government
more beneficial to the public than the original funds in his possession
purpose for which the amount or property is
appropriated, is there technical malversation? 2. That he is under obligation to make
payments from such funds
A: Yes, because damage is not an essential element
of technical malversation. 3. That he fails to make payment
maliciously
Q: Suppose the funds had been appropriated for a
particular public purpose, but the same was OFFICERS INCLUDED IN THE PRECEDING
applied to private purpose, what is the crime PROVISIONS (Art. 222)
committed?
Q: Who are the individuals that may be liable
A: The crime committed is simple malversation under Art.217‐221?
only.
A:
Q: What are the distinctions between technical 1. Private individual who in any capacity
malversation and malversation? whatsoever, have charge of any national,
provincial or municipal funds, revenue or
A: property
TECHNICAL
MALVERSATION 2. Administrator, depository of funds or
MALVERSATION property attached, seized or deposited by
Offenders are accountable public officers in both public authority even if such property
crimes. belongs to a private individual
Offender derives no Generally, the offender
personal gain or benefit. derives personal benefit. Note: Sheriffs and receiver fall under the term
“administrator”.
Public fund or property is Conversion is for the
diverted to another personal interest of the
public use other than that offender or of another Judicial administrator is not covered by this article.
provided for in the law. person. (Appointed to administer estate of deceased and not
in charge of property attached, impounded or placed
in
FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS
deposit by public authority)
OR PROPERTY (Art. 221)
Private property is included if it is attached, seized or
Q: What are the punishable acts? deposited by public authority.

A: Q: How is malversation committed by a private

1. Failing to make payment by a public person?
officer who is under obligation to make
such payment from Government funds in
A:
his possession
1. When a private person conspired with a
public officer to commit malversation
2. Refusing to make delivery by a public 2. When he is an accomplice or accessory
officer who has been ordered by 3. Where a private person was constituted a
competent authority to deliver any custodian in whatever capacity even
property in his custody or under his without a public officer involved and he
administration misappropriated the same. (Boado, 2008)

Q: What are the elements of this crime? Q: AA was designated custodian of the distrained
property of JJ by the BIR. He assumed the specific
A: undertakings which included the promise that he
will preserve and the equipment. Subsequently,
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Committed By Public Officers

he reported to the BIR that JJ surreptitiously took necessitating preference to accused’s official duty of
the distrained property. Did AA become a public locking him back in jail.
officer by virtue of his designation as custodian of
distrained property by the BIR? Q: Will mere laxity amount to negligence within
the contemplation of Art. 224?
A: No. To be a public officer, one must:
1. Take part in the performance of public A: Yes. It is the duty of any police officer having
functions in the government, or in custody of a prisoner to take necessary precautions
performing in said government or in any to assure the absence of any means of escape. A
of its branches public duties as an failure to undertake these precautions will make his
employee, agent or subordinate official, act one of definite laxity or negligence amounting
or any rank or class; and to deliberate non‐performance of duty. (Rodillas v.
2. That his authority to take part in the Sandiganbayan, cited in Boado 2008 p. 609)
performance of public functions or to
perform public duties must be by: a. Note: But in People v. Nava, negligence here is one
Direct provision of the law, or which approximates malice or deliberate
b. Popular election, or nonperformance of duty. He may be charged
c. Appointment by competent authority. administratively but not criminally. (Boado, 2008)
(Azarcon v. Batausa)
CONNIVING Q: What is the liability of the escaping the
Q: What are the elements of this crime? prisoner?

A: A:
1. Offender is a public officer 1. If the fugitive is serving his sentence by
2. He is charged with the conveyance or reason of final judgment‐ he is liable for
custody of a prisoner, either detention evasion of the service of sentence under
prisoner or prisoner by final judgment Art.157;
3. Such prisoner escapes through
his negligence 2. If the fugitive is only a detention prisoner‐
he does not incur any criminal liability.
Note: There must have been definite laxity amounting
to deliberate non‐performance of duty. ESCAPE OF PRISONER UNDER THE CUSTODY OF
A PERSON NOT A PUBLIC OFFICER (Art.225)
There is real and actual evasion of service of sentence
when the custodian permits the prisoner to obtain Q: What are the elements of this crime?
relaxation of his imprisonment.
A:
Illustration: 1. Offender is a public person
The fact that the public officer recaptured the prisoner
who escaped from his custody does not afford
2. Conveyance or custody of prisoner or
complete exculpation.
person under arrest is confided to him
If a policeman on guard duty unlocked the door of the
jail to let a detention prisoner to go out so he can 3. Prisoner or person under arrest escapes
clean the premises, but on the latter’s third trip to a
nearby faucet, he walked behind the police 4. Offender consents to the escape of the
headquarters, climbed over the wall and escape, this prisoner or person under arrest or that
crime is not committed. the escape takes place through his
negligence
Mere order, however to a prisoner to keep close while
answering the telephone is not a sufficient precaution Note: The elements of this felony are similar to that of
under the circumstances and of the escape of the infidelity in the custody of prisoners, except that the
prisoner, he is liable under this article. He should have offender is a private person to whom the custody of
locked the prisoner back in jail before answering the prisoner shall have been confided.
telephone as there was nothing in the call

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 185
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Illustration: Note: The damage to third persons or to the

When such private person shall accept any public must be actual but need not be pecuniary
consideration or gift for the non‐performance of a or material.
duty confided to him, bribery is committed in addition
because he is performing a public function, hence, at Damage in this article may consist in mere alarm
that instance, he is deemed to be a public officer. to the public or in the alienation of its confidence
in any branch of the government service.
Note: This article is not applicable if a private person
was the one who made the arrest and he consented to If the act charged is removal of the documents,
the escape of the person arrested. there must be proof of an illicit or unlawful
purpose on the part of the offender unlike in
Q: How is the infidelity committed by private cases of destroying or concealing the same for
person? which no proof of criminal purpose or objective is
required.
A: Under Article 225, infidelity can also be
committed by a private person to whom the Q: Must removal be for an illicit purpose?
prisoner was entrusted and he connived with the
prisoner (Art.223) or through his negligence (Art. A: Yes. Removal is for an illicit purpose when the
224) the prisoner was allowed to escape. intention of the offender is to:

Note: If the escape was with consideration, bribery is 1. Tamper with it

deemed committed in addition because he was 2. Profit by it
performing a public function, hence is, at that 3. Commit an act constituting a breach of
instance, deemed to be a public officer. (Boado, 2008) trust in the official care thereof.

REMOVAL, CONCEALMENT OR DESTRUCTION OF Q: When is the crime consummated?

DOCUMENT (Art. 226)
A: The crime of removal of public document in
Note: This crime is also called infidelity in the custody breach of official trust is consummated upon its
of documents. removal or secreting away from its usual place in
the office and after the offender had gone out and
Q: What are the elements of this crime? locked the door, it being immaterial whether he
has or has not actually accomplished the illicit
A: purpose
1. The offender is a public officer for which he removed said document.

2. He abstracts, destroys, or Q: What is punished in the crime of infidelity in

conceals documents or papers the custody of documents?

Note: Destroying or concealing documents or A: It is the breach of public trust which is punished.
papers does not require proof of illicit purpose.
Q: In what ways the crime of infidelity of
3. Said documents or papers should have documents may be committed?
been entrusted to such public officer by
reason of his office A:
1. Removal – presupposes appropriation of
Note: The document must be complete and one the official documents. It does not
by which a right can be established or an require that the record be brought out of
obligation could be extinguished. the premises where it is kept. It is enough
that the record be removed from the
4. Damage, whether serious or not, to a place where it should be transferred to
third party or to the public interest another place where it is not supposed to
should have been caused. be kept.

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Committed By Public Officers

2. Destruction – Is equivalent to rendering

useless or the obliteration of said A: The mere breaking of the seal or the mere
documents; the complete destruction opening of the document would already bring
thereof is not necessary. about infidelity even though no damage has been
suffered by anyone or by the public at large.
3. Concealment – means that the
documents are not forwarded to their Q: What is the rationale for penalizing the act of
destination and it is not necessary that breaking the seal?
they are secreted away in a place where
they could not be found. A: The act is being punished because the public
officer, in breaking the seal or opening the
Q: Suppose, in the case for bribery or corruption, envelope, violates the confidence or trust reposed
the monetary consideration was marked as on him.
exhibits, the custodian spent the money so
marked, what is the crime committed? OPENING OF CLOSED DOCUMENTS
(Art. 228)
A: The crime committed is infidelity in the custody
of documents because the money adduced as Q: What are the elements of this crime?
exhibits partake the nature of a document and not
as money. A:
1. Offender is a public officer
Note: “Papers” would include checks, promissory
notes and paper money. 2. Any closed papers, documents or objects
are entrusted to his custody
Delivering the document to the wrong party is
infidelity in the custody thereof.
3. He opens or permits to be opened said
closed papers, documents or objects
OFFICER BREAKING SEAL
(Art. 227)
4. He does not have proper authority
Q: What are the elements of this crime?
Note: The closed document must be entrusted to the
custody of the accused by reason of his office.
A:
1. Offender is a public officer Q: Suppose in the opening of the closed
2. He is charged with the custody of papers document, the public officer abstracted its
or property contents, what crime/s is/are committed?
3. These papers or property are sealed by
proper authority
A: The public officer is liable under Art. 228. He is
4. He breaks the seals or permits them to be
also liable for theft.
broken
REVELATION OF SECRETS BY AN OFFICER
Q: Is damage or intent to cause damage
(Art. 229)
necessary?
Q: What are the punishable acts?
A: No. The crime may be committed through
negligence.
A:
1. Revealing any secrets known to the
Note: It is the breaking of the seals and not the
offending public officer by reason of his
opening of a closed envelope which is punished.
official capacity.
Damage is presumed.
Elements:
Q: What constitutes the crime of breaking the a. Offender is a public officer
seal? b. He knows of a secret by reason of his
official capacity
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 187
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

c. He reveals such secret without A:

authority or justifiable reasons INFIDELITY IN THE
d. Damage, great or small, is caused to REVELATION OF SECRETS CUSTODY OF THE
the public interest BY AN OFFICER DOCUMENTS/PAPERS BY
REMOVING THE SAME
2. Delivering wrongfully papers or copies of The papers contain
papers of which he may have charge and secrets and therefore
which should not be published. should not be published The papers do not
and the public officer contain secrets but their
having charge thereof removal is for an illicit
Elements:
removes and delivers purpose.
a. Offender is a public officer them wrongfully to a
b. He has charge of papers third person.
c. Those papers should
not be published
PUBLIC OFFICER REVEALING SECRETS OF
d. He delivers those papers or copies
PRIVATE
thereof to a third person
INDIVIDUAL (Art. 230)
e. The delivery is wrongful
f. Damage is caused to public interest Q: What are the elements of this crime?

Note: This article punishes minor official betrayals,

infidelities of little consequences affecting usually the
A:
administration of justice, executive of official duties or
the general interest of the public order.
1. Offender is a public officer
2. He knows of the secrets of private
Note: The “secrets” referred to in this article are those
individual by reason of his office
which have an official or public character, the 3. He reveals such secrets without authority
revelation of which may prejudice public interest. or justifiable reason
They refer to secrets relative to the administration of
the Note: The revelation will not amount to a crime under
government. this article if the secrets are contrary to public interest
or to the administration of justice.
Note: Charge here means control or custody. If the
public officer is merely entrusted with the papers but If the offender is an attorney, he is properly liable
not with the custody, he is not liable under this under Art. 209 (betrayal of trust by an attorney)
provision.
Q: Should the secrets be revealed publicly?
If the papers contain secrets which should not be
published, and the public officer having charge thereof A: No. The crime is consummated if the same are
removes and delivers them wrongfully to a third communicated to another even in close intimacy.
person, the crime is revelation of secrets. On the other
hand, if the papers do not contain secrets, their Q: Should damage be suffered by the private
removal for an illicit purpose is infidelity in the individual for the officer to be liable?
custody of documents.
A: No. The reason for this provision is to uphold
Q: Are military secrets or those affecting national faith and trust in public service.
security covered in this article?
Note: Revelation to any one person is necessary and
A: No, because military secrets or those affecting sufficient, for public revelation is not required.
national interest are covered by the crime of
espionage. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC
OFFICERS
Q: What is the difference between Revelation of
Secrets by an Officer and Infidelity in the Custody OPEN DISOBEDIENCE
of Document/Papers by Removing the same? (Art. 231)

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Committed By Public Officers

Q: What are the elements of this crime?

Note: The disobedience must be open and
A: repeated.
1. Offender is a judicial or executive officer
Note: What is punished by the law is insubordination
2. There is judgment, decision or order of a of the act of defying the authority which is
superior authority detrimental to public interest.

3. Such judgment, decision or order was REFUSAL OF ASSISTANCE

made within the scope of the jurisdiction (Art. 233)
of the superior authority and issued with
all the legal formalities Q: What are the elements of this crime?

Note: Judgment should have been rendered A:

in a hearing 1. Offender is a public officer

4. Offender without any legal justification 2. Competent authority demands from the
openly refuses to execute the said offender that he lend his cooperation
judgment, decision or order, which he is towards the administration of justice or
duty bound to obey other public service

Note: The refusal must be clear, manifest 3. Offender fails to do so maliciously

and decisive or a repeated and obstinate
disobedience in the fulfillment of an order. Q: Give some of the instances of the crime refusal
of assistance.
The refusal must be intentional and must
not be confused with omission arising from A: Investigators and medico‐legal officers refusing
oversight, mistake or erroneous to appear to testify in court after having been
interpretation of the order. subpoenaed

DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, Q: Is the crime of refusal of assistance committed

WHEN SAID ORDER WAS SUSPENDED BY only in connection with the administration of
INFERIOR OFFICER (Art. 232) justice?

Q: What are the elements of this crime? A: No, any refusal by a public officer to render
assistance when demanded by competent public
A: authority, as long as the assistance requested from
1. Offender is a public officer him is within his duty to render and that assistance
is needed for public service, constitutes refusal of
2. An order is issued by his superior for assistance.
execution
Note: The request must come from one public office
Note: The order of the superior must be to another.
legal or issued within his authority,
otherwise, this article does not apply. REFUSAL TO DISCHARGE ELECTIVE OFFICE
(Art. 234)
3. He has for any reason suspended the
execution of such order Q: What are the elements of this crime?

4. His superior disapproves the suspension A:

of the execution of the order 1. Offender is elected by popular election to
a public office
5. Offender disobeys his superior despite 2. He refuses to be sworn in or to discharge
the disapproval of the suspension the duties of said office

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 189
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. There is no legal motive for such refusal

to be sworn in or to discharge the duties Thus, hitting a prisoner by a latigo even if the purpose
of said office is to instill discipline is not authorized by law and
constitutes violation of this article. On the other hand,
Ratio: Discharge of duties becomes a matter of duty requiring prisoners to dig a canal where culverts shall
and not a right. be placed to prevent flooding in the prison compound
is authorized by law and does not violate this article;
Note: Refusal to discharge the duties of an appointive but if the public officer would order the prisoner to do
office is not covered. so from morning up to late evening without any food,
then this article is involved, as he inflicted such
authorized punishment in a cruel and humiliating
If the elected officer is underage or disqualified, his
manner.
refusal to be sworn in or to discharge the duties of the
office is justified.
Q: If the public officer who maltreated the
MALTREATMENT OF PRISONERS
prisoner is not charged with the custody of such
(Art.235)
prisoner, what crime is he responsible for?
Q: What are the elements of this crime?
A: The public officer is liable for physical injuries.
Q: What is meant by “under his charge”?
A:
1. Offender is a public officer or employee
A: “Under his charge” means actual charge.
2. He has under his charge a prisoner or
Q: When a person is maltreated by a public officer
detention prisoner
who has actual charge of prisoners, how many
crimes may be committed?
Note: To be considered as a detention
prisoner, the person arrested must be
placed in jail even for a short time. A: Two crimes are committed, namely –
maltreatment under Art.235 and physical injuries.
3. He maltreats such prisoner either of the Maltreatment and physical injuries may not be
following manners: complexed because the law specified that the
penalty for maltreatment shall be in addition to his
liability for the physical injuries or damage caused.
a. By overdoing himself in the
correction or handling of a prisoner
or detention prisoner under his Q: To what does maltreatment refer to?
charge either:
i. By the imposition of A: Maltreatment refers not only in physical
punishments not authorized by maltreatment but also moral, psychological, and
the regulations other kinds of maltreatment because of the phrase
ii. By inflicting such punishments “physical injuries or damage caused” and “cruel or
(those authorized) in a cruel or humiliating manner.” (Boado 2008, p. 614)
humiliating manner
Note: The practice of presenting captured persons in
national television for public viewing is a form of
b. By maltreating such prisoner to maltreatment because they are being presented as
extort a confession or to obtain criminals even before they are charged which is
some information from the prisoner. humiliating. (Boado, 2008)

Note: Maltreatment should not be due to personal Q: Suppose the person maltreated is not a convict
grudge, otherwise, offender is liable for physical or a detention prisoner, what crime is/or
injuries only.
committed?

Illustration:
A: The crime committed would either be:
The public officer/employee either imposed
punishment not authorized by the regulation or by
law, or inflicted punishment/disciplinary action 1. Coercion‐ if the person not yet confined in
authorized by law in a cruel or humiliating manner. jail is maltreated to extort a confession, or
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
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2
BOOK 2: Crimes Committed By Public Officers

2. Physical injuries‐ if the person maltreated Q: What are the elements of this crime?
has already been arrested but is not yet
booked in the office of the police and put A:
in jail. 1. Offender is a public officer
2. He formally resigns from his position
Illustration: 3. His resignation has not yet been accepted
If a Barangay Captain maltreats a person after the 4. He abandons his office to the detriment
latter’s arrest but before confinement, the offense is of the public service
not maltreatment but physical injuries. The victim
must actually be confined either as a convict or a Note: There must be a formal or written resignation.
detention prisoner. (People v. Baring, 37 O.G. 1366)
Q: Supposing the purpose of abandonment is to
ANTICIPATION OF DUTIES OF A PUBLIC OFFICE evade the discharge of duties, what will be the
(Art. 236) crime?

Q: What are the elements of this crime? A: The crime of Abandonment of Office or Position
will be qualified if the purpose behind the
A: abandonment is to evade the discharge of duties
1. Offender is entitled to hold public office consisting of preventing, prosecuting or punishing
or employment, either by election or any of the crimes against national security (E.g.
appointment espionage or treason), in which case, the penalty is
higher.
2. Law requires that he should first be
sworn in and/or should first give a bond Q: What are the differences between
abandonment of office and negligence and
3. He assumes the performance of the tolerance in prosecution of offense (Art.208)?
duties and powers of such office
A:
4. He has not taken his oath of office and/or ABANDONMENT OF
give the bond required by law DERELICTION OF DUTY
OFFICE
Committed only by public
PROLONGING PERFORMANCE OF DUTIES AND officers who have the
POWERS (Art. 237) Committed by a public duty to institute
officer. prosecution of the
Q: What are the elements of this crime? punishment of violations
of law.
A: The public officer does not
1. Offender is holding a public office abandon his office
The public officer
but he fails to prosecute
abandons his office to
an offense by dereliction
2. Period provided by law, regulations or evade the discharge of his
of duty or by malicious
special provisions for holding such office, duty.
tolerance of the
has already expired
commission of offenses.

3. He continues to exercise the duties and

USURPATION OF LEGISLATIVE POWERS
powers of such office
(Art. 239)
Q: Who are the officers contemplated?
Q: What are the elements this crime?
A: Those who have been suspended, separated,
A:
declared over‐aged or dismissed.
1. Offender is an executive or judicial officer
ABANDONMENT OF OFFICE OR POSITION .
(Art. 238) .
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 191
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VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Offender makes general rules or 4. He has been lawfully required to refrain

regulations beyond the scope of his from continuing the proceeding
authority or attempts to repeal a law or 5. He continues the proceeding
suspends the execution thereof
Note: The offender is any public officer who has been
USURPATION OF EXECUTIVE FUNCTIONS lawfully required to refrain from continuing with his
(Art. 241) course of action. He must wait until the question of
jurisdiction is finally settled.
Q: What are the elements of this crime?
ORDERS OR REQUESTS BY EXECUTIVE OFFICERS
A: TO ANY JUDICIAL AUTHORITY
1. Offender is a judge (Art. 243)

2. He: Q: What are the elements of this crime?

a. Assumes a power pertaining to the
executive authorities; or A:
b. Obstructs executive authorities in 1. Offender is an executive officer
the lawful exercise of their powers. 2. He addresses any order or suggestion to
any judicial authority
Note: Legislative officers are not liable for usurpation 3. The order or suggestion relates to any
of executive functions. case or business coming within the
exclusive jurisdiction of the courts of
USURPATION OF JUDICIAL FUNCTIONS justice.
(Art. 242)
Note: Legislative or judicial officers are not liable
under this article.
Q: What are the elements of this crime?

Mere suggestion is punishable.

A:
1. Offender is an officer of the executive
UNLAWFUL APPOINTMENTS
branch of the Government
(Art. 244)
2. He assumes judicial powers, or obstructs
Q: What are the elements of this crime?
the execution of any order or decision
rendered by any judge within the
jurisdiction A:
1. Offender is a public officer
Note: Art. 239 to 241 punish interference by officers 2. He nominates or appoints a person to a
of one of the three department of the government public office
with the functions of an official of another 3. Such person lacks the he
department. legal qualification thereof
4. Offender knows that his nominee or
DISOBEYING REQUEST FOR DISQUALIFICATION employee lacks the qualifications at the
(Art. 242) time he made the nomination or
appointment
Q: What are the elements of this crime?
Q: Is the act of recommending punishable under
A: this article?
1. Offender is a public officer
2. Proceeding is pending before such public A: No, mere recommending, even if with the
officer knowledge that the person recommended is not
3. There is a question brought before the qualified, is not a crime. He must nominate.
proper authority regarding his
jurisdiction, which is yet to be decided

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Committed By Public Officers

Note: There must be a law providing for qualifications Note: The crime is committed by mere proposal. If the
of a person to be nominated or appointed to a public offender succeeds in committing a crime against
office. chastity, the solicitation and advances are considered
as merely as preparatory acts.
ABUSES AGAINST CHASTITY
(Art. 245) Proof of solicitation is not necessary when there is
sexual intercourse.
Q: What are the punishable acts?
Q: What is the essence of the crime abuses against
chastity?
A:
1. Soliciting or making immoral or indecent A: The essence of the crime is mere making of
advances to a woman interested in immoral or indecent solicitation or advances.
matters pending before the offending
officer for decision, or with respect to Q: What are the instances where abuse of chastity
which he is required to submit a report to may arise?
or consult with a superior officer
A:
2. Soliciting or making immoral or indecent 1. The woman, who is the offended party, is
advances to a woman under the the party in interest in a case where the
offender’s custody offender is the investigator or he is
required to render a report or he is
3. Soliciting or making indecent advances to required to consult with a superior officer.
the wife, daughter, sister or relative – This does not include any casual or
within the same degree by affinity of any incidental interest. This refers to interest
person in the custody of the offending in the subject of the case under
warden or officer investigation.

Q: What are the elements of this crime? Note: It is immaterial whether the woman
did not agree or agreed to the solicitation.
A:
1. Offender is a public officer This covers any public officer before whom
matters are pending for resolution or for
which he is required to submit a report or
2. He solicits or makes immoral or indecent consult a superior.
advances to a woman
2. The woman who is the offended party in
3. Such woman is: the crime is a prisoner under the custody
a. Interested in matters pending before of a warden or the jailer who is the
the offender for decision or with offender. – This crime cannot be
respect to which he is required to committed if the warden is a woman and
submit a report to or consult with a the prisoner is a man. Men have no
superior officer; or chastity. Only a lady can be a complainant
here so that a gay guard or warden who
b. Under the custody of the offender is makes immoral proposals or indecent
a warden or other public officer advances to a male prisoner is not liable
directly charged with the care and under this law.
custody of prisoners or persons
under arrest; or Note: Immoral or indecent advances
contemplated here must be persistent. It
c. The wife, daughter, sister or relative must be determined. A mere joke would not
within the same degree by affinity of suffice.
the person in the custody of the
offender. 3. The crime is committed upon a female
relative of a prisoner under the custody of
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 193
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

the offender, where the woman is the Regulations duly promulgated

daughter, sister or relative by affinity in by competent authority, or
the same line as of the prisoner under the ii. An offense in connection with
custody of the offender who made the the official duties of the latter
indecent or immoral solicitation. – The
mother is not included so that any Note: An example of the abovementioned
immoral or indecent solicitation upon the punishable act is the act of Former Comelec
mother of the prisoner does not give rise Chaiman Benjamin Abalos in bribing Romulo Neri
to this crime, but the offender may be the amount of 200 Million Pesos in exchange for
prosecuted under the Section 28 of the the approval of the NBN Project. (Neri v. Senate
RA 3019 (Anti‐Graft and Corrupt Practices Committee on Accountablility of Public Officers
Act). and Investigation, G.R. No. 180643, March 25,
2008)
Note: “To solicit” means to propose earnestly and
persistently something unchaste and immoral to a b. Allowing himself to be
woman. persuaded, induced or influenced to
commit such violation or offense.
Q: If the jail warden forced himself against the will
of the woman prisoner, what is/are the crime/s 2. Directly or indirectly requesting or
committed? receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
A: Rape is committed aside from the abuse against
contract or transaction between the
chastity. Abuse of chastity is not absorbed in the
Government and any other part, wherein
crime of rape because the basis of penalizing the
the public officer in his official capacity
acts is different from each other.
has to intervene under the law.
A. Anti‐Graft and Corrupt Practices Act
Note: This is a special form of bribery
(R.A. 3019,as amended)

Q: Who are covered under this act? Q: What are the elements of this crime?

A: All public officers which includes elective and A:

appointive officials and employees, permanent or 1. The offender is a public officer
temporary, whether in the classified or unclassified 2. He requested and/or received, directly or
or exempt service, receiving compensation, even indirectly a gift, present or
nominal from the government. consideration
3. The gift, present or consideration was for the
Note: Government includes: benefit of the said public officer or for any
other person
1. National government 4. It was requested and/or received in
2. Local government connection with a contract or transaction with
3. GOCCs the Government
4. Other instrumentalities or agencies 5. The public officer has the right to intervene in
5. Their branches such contract or transaction in his official
capacity
Q: What are the punishable acts under Sec. 3 of
R.A. 3019? Note: R.A. 3019 punishes the separate acts
of:
A: 1. Requesting
1. A public officer: 2. Receiving
a. Persuading, inducing, or 3. Requesting and receiving
influencing another public officer to:
i. Perform an act constituting a Lack of demand is immaterial. After all, it uses
violation of the Rules and the word “or” between requesting and receiving.

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
SAIPUDIN, ADRIAN VALBUENA
2
BOOK 2: Crimes Committed By Public Officers

3. Directly or indirectly requesting or receiving 2. He must have acted with manifest

any gift, present or other pecuniary or partiality, evident bad faith or
material benefit, for himself or for another, inexcusable negligence
from any person for whom the public
officer, in any manner or capacity, has 3. That his action caused:
secured or obtained, or will secure or
i. Any undue injury to any
obtain, any Government permit or license,
party, including the
in consideration for the help given or to be
government, or
given.
ii. Giving any private party
Note: This is a special form of bribery unwarranted benefits,
advantage or preference in
4. Accepting or having any member of his the discharge of his functions.
family accept employment in a private
enterprise which has pending official Note: Since bad faith is an element, good faith
business with him during the pendency and lack of malice is a valid defense.
thereof or within one year after its
termination. 6. Neglecting or refusing, after due demand or
request, without sufficient justification, to
Q: What are the elements of this crime? act within a reasonable time on any
matter pending before him.

A: Q: What are the elements of this crime?

1. The public officer accepted, or
having any of his family member A:
accept any employment in a private a. Offender is a public officer
enterprise
2. Such private enterprise has a b. Public officer neglected or refused to act
pending official business with the without sufficient justification after due
public officer demand or request has been made on
him
3. It was accepted during:
i. The pendency thereof, or
c. Reasonable time has elapsed from such
ii. Within 1 year after its demand or request without the public
termination officer having acted on the matter
pending before him
5. Causing any undue injury to any party,
including the Government, or giving any d. Such failure to act is for the purpose of:
private party any unwarranted benefits, i. Obtaining (directly or
advantage or preference in the discharge of indirectly) from any person
his official administrative or judicial interested in the matter some
functions through manifest partiality, pecuniary or material benefit
evident bad faith or gross inexcusable or advantage,
negligence. ii. Favoring his own interest,
iii. Giving undue advantage in
Q: What are the elements of this crime? favor of or discriminating
against any
A: other interested party.

1. The accused must be a public officer Note: The neglect or delay of public function
discharging administrative, judicial must be accompanied by an express or implied
or official functions DEMAND of any benefit or consideration for
himself or another. Absent such demand, the
officer shall be merely administratively liable.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 195
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

7. Entering, on behalf of the Government, into unlawful, inequitable, or irregular transaction or

any contract or transaction manifestly acts by the board, panel or group to which they
and grossly disadvantageous to the same, belong.
whether or not the public officer profited
or will profit thereby. 10. Knowingly approving or granting any
license, permit, privilege or benefit in
Q: What are the elements of this crime? favor of:
a. Any person not qualified for or not
A: legally entitled to such license,
permit, privilege or benefit; or
1. Accused is a public officer b. A mere representative or dummy of
2. The public officer entered into a contract one who is not so qualified or
or transaction on behalf of the entitled.
government
3. Such contract or transaction is grossly 11. a. Divulging valuable information of a:
and manifestly disadvantageous to the i. Confidential character
government. (the threshold of the crime) ii. Acquired by his office or by him
on account of
Note: Lack of public bidding and violation of his official position to
administrative orders do not by themselves unauthorized person
satisfy the 3rd element. It does not in itself result b. Releasing such information in advance
to manifest and gross disadvantage. The law of its authorized released date.
requires the disadvantage be gross and manifest.
(Caunan v. People) Note: The ff. persons shall also be punished with the
public officer and shall be permanently or temporarily
8. Directly or indirectly having financial or disqualified, in the discretion of the Court, from
pecuniary interest in any business, transacting business in any form with the
contract or transaction in which he: Government:
a. Intervenes or takes part in his official 1. Person giving the gift, present, share,
capacity; or percentage or benefit in par. 2 and 3.
b. Is prohibited by the constitution or 2. Person offering or giving to the public officer
by law from having any interest the employment mentioned in par. 4.
3. Person urging the divulging or untimely
Note: Intervention must be actual and in the release of the confidential information in
official capacity of the public officer. par. 11.

9. a. Directly or indirectly becoming Q: What are the prohibited acts for private
interested, for personal gains, or individuals?
b. Having a material interest in any
transaction or act which: A: It shall be unlawful:

i. Requires the approval of a 1. For any person having family or close

board, panel or group of which personal relation with any public official
he is a member and which to capitalize or exploit or take advantage
exercises discretion in such of such family or personal relation, by
approval directly or indirectly requesting or
ii. Even if he votes against the receiving any present, gift, material or
same or does not participate in pecuniary advantage from any person
having some business, transaction,
the action of
application, request or contract with the
the board, committee,
government, in which such public officer
panel or group.
has to intervene (Sec. 4)
Note: Interest for personal gain shall be
presumed against those public officials Note: Family relations include the spouse or
responsible for the approval of manifestly relatives by consanguinity or affinity within 3rd
CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
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BOOK 2: Crimes Committed By Public Officers

civil degree. of the Philippines by virtue of an appointment,

election or contract.
Close Personal relations include:
a. Close personal friendship Q: What is ill‐gotten wealth?
b. Social and fraternal relations
c. Personal employment A: It is any asset, property, business enterprise or
material possession of any person, acquired by a
This all gives rise to intimacy which assumes free public officer directly or indirectly through
access to such public officer. dummies, nominees, agents, subordinates and/or
business associates.
2. For any person to knowingly induce or
cause any public official to commit any of Q: How is ill‐gotten wealth acquired?
the offenses defined in Sec. 3. (Sec.6)
A: It is acquired by any combination or series of the
Q: What are the other prohibited acts for the following means or similar schemes:
relatives?
1. Through misappropriation, conversion,
A: GR: it shall be unlawful for the spouse or misuse, or malversation of public funds or
relative by consanguinity or affinity within 3 rd civil raids on the public treasury
degree of the President, Vice President, Senate
President, or Speaker of the House to intervene 2. By receiving, directly or indirectly, any
directly or indirectly in any business, transaction, commission, gift, share, percentage,
contract or application with the government. kickbacks or any/or entity in connection
with any government contract or project
XPN: This will not apply to: or by reason of the office or position of
the public officer concerned
1. Any person who prior to the assumption
of office of any of the above officials to 3. By the illegal or fraudulent conveyance or
whom he is related, has been already disposition of assets belonging to the
dealing with the Government along the National government or any of its
same line of business subdivisions, agencies or
instrumentalities or government‐owned
2. Any transaction, contract or application or controlled corporations and their
already existing or pending at the time of subsidiaries
such assumption of public office
4. By obtaining, receiving or accepting
3. Any application filed by him the approval directly or indirectly any shares of stock,
of which is not discretionary on the part equity or any other form of interest or
of the official or officials concerned but participation including the promise of
depends upon compliance with requisites future employment in any business
provided by law, or rules or regulations enterprise or undertaking
issued pursuant to law
5. By establishing agricultural, industrial or
4. Any act lawfully performed in an official commercial monopolies or other
capacity or in the exercise of a combinations and/or implementation of
profession. decrees and orders intended to benefit
particular persons or special interests
B. Anti‐Plunder Act
(R.A. 7080, as amended) 6. By taking undue advantage of official
position, authority, relationship,
Q: Who are covered under this act? connection or influence to unjustly enrich
himself or themselves at the expense and
A: Public officers which means any person holding to the damage and prejudice of the
any public office in the Government of the Republic Filipino people and the Republic of the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 197
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Philippines

Q: What is Plunder?

A: It is a crime committed by a public officer by

himself or in connivance with members of his
family, relatives by affinity or consanguinity,
business associates, subordinates or other persons,
by amassing, accumulating or acquiring ill‐gotten
wealth through a combination or series of overt
acts in the aggregate amount or total value of at
least P50 million.

Q: What is combination?

A: Combination refers to at least 2 of the above

enumerations found in different numbers.

e.g. misappropriation in no.(1)

and receiving commission in no. (2).

Q: What is series?

A: Series refers to at least 2 or more overt acts is

under the same category of enumeration.

e.g. misappropriation and raids of public treasury all

found in no. (1)

Q: Is it necessary to prove each and every criminal

act done by the accused to commit the crime of
plunder?

A: No. It is sufficient to establish beyond reasonable

doubt a pattern of overt or criminal acts indicative
of the overall unlawful scheme or conspiracy.

Note: Plunder is a malum in se. The degree of

responsibility of the offender is determined by his

CRIMINAL LAW TEAM:

4
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

6
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BOOK 2: Crimes Committed By Public Officers

criminal intent. Hence, it authorizes the application of mitigating and extenuating circumstances in the RPC.

The Law is silent on whether a person can be charged with a predicate crime. E.g.Garcia pleading guilty before the
Sandiganbayan to the lesser offenses of indirect bribery and facilitating money laundering, instead of plunder, which is a
non‐bailable capital offense, and to return less than half the loot he was accused of stealing.

C. Human Security Act of 2007 (R.A. 9372)

Q: What is the effect of failure to deliver the suspect to the proper judicial authority under this act?

A: Any police or law enforcement personnel who has taken custody of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall deliver the same to the proper judicial
authorities within a period of 3 days counted from the moment of apprehension, arrest, detention and taking
into custody by the police or law enforcement personnel otherwise, such police or law enforcement personnel
shall be penalized with 10 years and 1 day to 12 years imprisonment.

Q: What is the penalty for infidelity in the custody of detained persons?

A: Any public officer who has direct custody of a detained person or under the provisions of this Act and who by
his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person
shall be guilty of an offense and shall suffer the penalty of:

1. 12 years and 1 day to 20 years of imprisonment‐ if the detained person has already been convicted and
sentenced in
a final judgment of a competent court

2. 6 years and 1 day to 12 years of imprisonment‐ if the detained person has not been convicted and
sentenced in a final judgment of a competent court. (Sec.
44)

ACADEMICS CHAIR:LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO

VIII. CRIMES AGAINST PERSONS (246‐266) b. Mother

c. Child, whether legitimate
DESTRUCTION OF LIFE or illegitimate
d. Legitimate other ascendant or other
PARRICIDE descendant
(Art. 246) e. Legitimate spouse of the accused.

Q: What are the elements of this crime? Illustration:

A: The relationship, except the spouse, must be in the

1. Deceased is killed by the accused. direct line and not in the collateral line. Hence, if A,
2. Deceased is the: father of the victim V, was assisted by N (a nephew) in
killing V, then A is guilty of parricide while N
a. Father
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 199

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

committed murder (as the deceased was killed while Ratio: A Catholic man can commit the crime only once.
sleeping) and not parricide. If a Muslim husband could commit the crime more
than once, in effect, he is being punished for the
Q: Must the relationship between the offender marriage which the law itself authorized him to
and the offended party be legitimate? contract.

A: Yes, except when the offender and the offended Q: What are the cases of parricide where the
party are related as parent and child. penalty of Reclusion Perpetua to Death shall not
be imposed?
Note: If the offender and the offended party, although
related by blood and in the direct line, are separated A:
by an intervening illegitimate relationship, parricide 1. Parricide through negligence (Art. 365)
can no longer be committed. 2. Parricide through mistake (Art. 249)
3. Parricide under exceptional circumstances
The only illegitimate relationship that can bring about (Art. 247)
parricide is that between parents and illegitimate
children as the offender and the offended parties. Q: What are the essential elements of the crime?

The presence of any of the qualifying circumstances in A: Relationship of the offender with the victim is
murder will be considered a generic aggravating the essential element of the crime. Hence, if a
circumstance in parricide.
person wanted to kill a stranger but by mistake he
killed his own father, he will be held liable for
Note: The victim must not be less than 3 days old,
parricide but Art. 49 will apply as regards the
otherwise, the crime is infanticide.
proper penalty to be imposed.

Q: Suppose a stranger conspires in the commission

Q: If a person killed his/her adopted child, would
of the crime of parricide, what is his criminal
that constitute parricide?
liability?
A: No. Since relationship of the offender with the
A: The stranger is liable for homicide or murder, as
victim is the essential element of the crime, killing
the case may be, because of the absence of
an adopted child even if adoption confers on the
relationship. The rule on conspiracy that the act of
adopted child all rights and privileges of a
one is the act of all does not apply here because of
legitimate child could not be parricide. It is either
the personal relationship of the offender to the
murder or homicide as the case may be.
offended party. It is immaterial that he knew of the
relationship of the accused and the deceased.
Q: A killed:
1. A woman with whom he lived without
Q: To constitute parricide of a spouse, what must
the benefit of clergy
be established?
2. Their child who was only two days old
3. Their daughter; and
A: There must be a valid subsisting marriage at the
4. Their adopted son
time of the killing. Also, the information should
allege the fact of such valid marriage between the
What crime or crimes did A commit?
accused and the victim.

Note: Parricide of spouse requires proof of marriage. A: A committed the following crimes:

Q: Suppose a Muslim, who has three wives, killed 1. Homicide or murder as the case may be
the third. Is he liable for parricide? for the killing of the common‐law wife
who is not legally considered as spouse.
A: No. Muslim husbands with several wives can be
convicted of parricide only in case the first wife is 2. Infanticide for the killing of the child as
killed. There is no parricide if the other wives are said child is less than 3 days old (Art 255,
killed although their marriage is recognized as valid. RPC). However, the penalty
corresponding to parricide shall be

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

imposed since A is related to the child privilege amounting to an exemption for adequate
within the degree defined in the crime of punishment.
parricide.
Q: What are the two stages contemplated under
3. Parricide for the killing of their daughter, Art. 247?
whether legitimate or illegitimate, as long
as she is not less than 3 days old at the A:
time of killing. 1. When the offender surprised the other spouse
with a paramour or mistress.
4. Murder for the killing of their adopted
son as the relationship between A and Note: Surprise means to come upon suddenly
the said son must be by blood in order for or unexpectedly.
parricide to arise.
The attack must take place while the sexual
DEATH OR PHYSICAL INJURY INFLICTED UNDER intercourse is going on. If the surprise was
EXCEPTIONAL CIRCUMSTANCES before or after the intercourse, no matter how
(Art. 247) immediate, Article 247 does not apply.

Q: What are the elements of Art. 247? 2. When the offender kills or inflicts serious
physical injury upon the other spouse and
paramour while in the act of intercourse, or
A:
immediately thereafter, that is,
1. A legally married person or a parent
after
surprises his spouse or daughter, the
surprising.
latter under 18 years of age and living
with him, in the act of committing sexual
Q: What is meant by the phrase “immediately
intercourse.
thereafter”?

2. He or she kills any or both of them or

A: The phrase immediately thereafter has been
inflicts upon any or both of them any
interpreted to mean that between the surprising
serious physical injury in the act or
and the killing or the inflicting of the physical injury,
immediately thereafter.
there should be no interruption or interval of time.
In other words, it must be a continuous process.
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or
Q: What is meant by the phrase “in the act of
that he or she has not consented to the
committing sexual intercourse”?
infidelity of the other spouse.
A: It means that there must be actual sexual
Note: This article does not define a crime. It provides a
intercourse. It does not include preparatory acts.
defense, which the accused must prove

Q: Is it necessary that the spouse actually saw the

Q: What is the rationale for Art. 247?
sexual intercourse?
A: The law affords protection to a spouse
A: No. It is enough that he/she surprised them
considered to have acted in a justified outburst of
under such circumstances that no other reasonable
passion or a state of mental disequilibrium. The
conclusion can be inferred but that a carnal act was
offended spouse has no time to regain his
being performed or has just been committed.
selfcontrol.
Note: The killing or infliction of physical injuries must
Q: What is the nature of Art. 247? be in the act of sexual intercourse or immediately
thereafter. Thus, where the accused surprised his wife
A: Art. 247 far from defining a felony is more of an and her paramour in the carnal act but the latter ran
exempting circumstance as the penalty intended away, he first chased him and unable to catch up with
more for the protection of the accused rather than him, returned to his wife whom he found at the stairs
a punishment. Put differently, it practically grants a
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 201
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

of their house, no longer in the place where he saw where he saw his wife B having sexual intercourse
her having sex with the paramour and killed her, he with their neighbor C. A rushed inside and
can avail of Art 247. grabbed C but the latter managed to wrest himself
Illustration: free and jumped out of the window. A followed
suit and managed to catch C again and after a
A bar examinee, who killed the paramour of his wife in furious struggle, managed also to strangle him to
a mahjong session, an hour after he had surprised death. A then rushed back to their bedroom
them in the act of sexual intercourse in his house, where his wife B was cowering under the bed
since at that time, he had to run away and get a gun as covers. Still enraged, A hit B with fist blows and
the paramour was armed, was granted the benefits of rendered her unconscious. The police arrived after
this article. (People v. Abarca, G.R. No. 74433, Sept.14,
being summoned by their neighbors and arrested
1987)
A who was detained, inquested and charged for
the death of C and serious physical injuries of B.
Q: When third persons are injured in the course of
the firing at the paramour, will the offending
1. Is A liable for C’s death? Why?
spouse be free from criminal liability?
2. Is A liable for B’s injuries? Why?

A: No. Inflicting death or physical injuries under

A:
exceptional circumstances is not murder. The
1. Yes. A is liable for C’s death but under the
offender cannot therefore be held liable for
exceptional circumstances in Art. 247 of
frustrated murder for the serious injuries suffered
the RPC where only destierro is
by third persons. It does not mean, however, that
prescribed. Article 247 governs since A
the offender is totally free from any responsibility.
surprised his wife B in the act of having
The offender can be held liable for serious physical
sexual intercourse with C, and the killing
injuries through simple imprudence or negligence.
of C was immediately thereafter as the
discover, escape, pursuit and killing of C
Q: What is the meaning of the phrase “living with
form one continuous act. (US v. Vargas, 2
them”?
Phil 194)

A: The phrase living with them is understood to be

2. Likewise, A is liable for the serious
in their own dwelling because of the
physical injuries he inflicted on his wife
embarrassment and humiliation done not only to
but under the same exceptional
the parent but also to the parental abode. If it was
circumstances in Article 247 of the
done in a motel, the article does not apply.
Revised Penal Code for the same reason.
(2001 Bar Question)
Note: The benefits of Art. 247 may also apply to
parents who shall surprise their daughter below 18
years of age in actual sexual intercourse while living MURDER
with them. (Art. 248)

The sexual act is between the daughter and a seducer. Q: What are the elements of murder?
The parents cannot invoke this provision, if, in a way,
they have encouraged the prostitution of the A:
daughter. The parent need not be legitimate. 1. That a person was killed
2. That the accused killed him
Q: A and B are husband and wife. A is employed as 3. That the killing was attended by any of the
a security guard at Landmark, his shift being from qualifying circumstances mentioned in Art.
11:00 p.m. to 7:00 a.m. One night, he felt sick and 248
cold, hence, he decided to go home around 4. That the killing is not parricide or infanticide
midnight after getting permission from his duty
officer. Upon reaching the front yard of his home, Note: One attending circumstance is enough to qualify
he noticed that the light in the master bedroom the crime as murder and any other will be considered
was on and that the bedroom window was open. generic aggravating circumstances.
Approaching the front door, he was surprised to
hear sighs and giggles inside the bedroom. He To be considered qualifying, the particular
opened the door very carefully and peeped inside circumstance must be alleged in the information.

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Persons

Otherwise, they will only be considered as generic corpse of the victim. The crime becomes
aggravating circumstances. murder.

Q: What is murder? There is no cruelty if the act is the result of

an impulse of passion or extreme
A: Murder is the unlawful killing of any person obfuscation as such will be inconsistent with
which is not parricide or infanticide, provided that the concept of deliberateness in augmenting
any of the following circumstances is present: the suffering of the victim
Q: When is there treachery?
1. With treachery, taking advantage of
A: There is treachery when the offender commits
superior strength, with the aid of armed
any of the crimes against the person employing
men, or employing means to weaken the
means, methods or forms in the execution thereof
defense, or of means or persons to insure
that tend directly and especially to insure its
or afford impunity
execution without risk to himself arising from the
defense which the offended party might make.
2. In consideration of a price, reward or
promise
Note: Treachery is inherent in poison. Abuse of
superior strength is inherent in and comprehended by
Note: For reward and promise to be
treachery.
considered, the same must the primary
consideration in the commission of a crime
Illustration:
or felony.

The killing of a child of tender age is murder qualified

If this aggravating circumstance is present in
by treachery because of the weakness of the child due
the commission of the crime, it affects not
to his tender age results in the absence of any danger
only the person who received the money or
to the aggressor.
reward but also the person who gave it.

Q: What are the elements of treachery?

3. By means of inundation, fire, poison,
explosion, shipwreck, stranding on a
vessel, derailment or assault upon a A:
railroad, fall of an airship, by motor 1. The employment of means of execution
vehicles, or with the use of any other that would insure the safety of the
means involving great waste and ruin accused from retaliatory acts of the
intended victim and leaving the latter
without an opportunity to defend himself
4. On occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of volcano, 2. The means employed were deliberately
destructive cyclone, epidemic, or other or consciously adopted by the offender
public calamity
Q: What is the essence of treachery?
5. With evident premeditation
A: The essence of treachery is that the offended
Note: The offender must have taken party is denied of the chance to defend himself
advantage of the same and the resultant because of the means, methods, or form in
condition. executing the crime deliberately adopted by the
offender. This is true even if there is no intent to
6. With cruelty, by deliberately and kill.
inhumanly augmenting the suffering of
the victim, or outraging or scoffing at his Note: While the circumstance of by a band is not
person or corpse. among those enumerated that could qualify killing as
murder, it would seem that if the killer constituted a
band, the crime is murder because the circumstance
Note: Cruelty includes the situation where
of with aid of armed men is included in the qualifying
the victim is already dead and yet, acts were
circumstances. These circumstances however must be
committed which would decry or scoff the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 203
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

alleged in the information, otherwise, they will be

considered only as ordinary aggravating circumstances A: There must be proof as clear as the evidence of
to the crime of homicide. the crime itself of the following elements:
1. The time when the offender determined
Illustration: to commit the crime

A sudden and unexpected attack under circumstances 2. An act manifestly indicating that the
which render the victim unable to defend himself by offender clung to his or her
reason of the suddenness and severity of the act determination
constitutes alevosia. (People vs. Santos, 2004)
3. A lapse of time between the
Q: What is the crime committed if the person is
determination and the execution,
killed with fire?
sufficient to allow the offender to reflect
A: The primordial criminal intent of the offender is
upon the consequences of his act.
considered:
1. Murder – if the primordial criminal intent
Q: What is the difference of cruelty as a qualifying
of the offender is to kill and fire was only
circumstance of murder (Art. 248) and cruelty as a
used as a means to do so. generic aggravating circumstance under Art. 14? A:
CRUELTY CRUELTY
2. Arson – if the primordial criminal intent of
(ART. 248) (ART. 14)
the offender is to destroy the property
Aside from cruelty, any
with the use of pyrotechnics and Requires that the victim
act that would amount to
incidentally, somebody within the be alive, when the cruel
scoffing or decrying the
premises is killed or if the intent is to wounds were inflicted
corpse of the victim will
burn a house but it just so happens that and, therefore, must be
qualify the killing to
there evidence to that effect.
murder.
is someone inside the house.
Illustration:
Note: Arson with murder is not a complex
crime under Art. 48. This is a single
Dismemberment of a dead body is one manner of
indivisible crime penalized under Art. 326,
outraging or scoffing at the corpse of the victim.
which is death as a consequence of arson.
(People vs. Guillermo, 2004)

3. Homicide – if the burning is resorted to as

Q: Can murder be committed even if at the
a joke but death resulted.
beginning the offender has no intention to kill the
victim?
4. Two separate crimes of homicide and
arson – if fire is used to conceal the killing
A: Yes, although generally, murder can only be
of the victims.
committed if at the outset, the offender has intent
to kill because the qualifying circumstances must be
Illustration:
restored to with the view of killing the victim.

To qualify killing to murder by means of inundation,

However, if the offender may not have intended to
fire, poison, explosion, shipwreck etc., the offender’s
kill the victim but he only wanted to commit a
purpose and design must be to kill the victim in
crime against him in the beginning, he will still be
employing the various modes. Thus, A and B to
enhance further merriment, poured gas on the cloth liable for murder if in the manner of committing the
of a mental retardate who continued dancing while his felony, there was treachery and as a consequence
cloth is on fire to the delight of the crowd gathered, thereof, the victim died.
are not only guilty of murder if the mental retardate
died of 3rd degree burns because the fire was Ratio: This is based on the rule that the person
employed not to kill the victim. (People v. Pugay, G.R. committing a felony shall be liable for the
No. 74314, Nov. 17, 1988). consequences thereof although different from that
which is intended.
Q: What is required for evident premeditation to
qualify the killing to murder?
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

Q: Where the qualifying circumstances were not

those proved in the trial, can the accused be Q: What are the elements of homicide?
convicted of murder?
A:
A: No, because any of the qualifying circumstances 1. That a person is killed
under Art. 248 is an ingredient of murder, not 2. That the accused killed him without any
merely qualifying circumstance. justifying circumstance
3. The accused had intention to kill which is
The circumstances must be both alleged and presumed
proved in the trial, otherwise, they cannot be 4. The killing was not attended by any of the
considered because the right of the accused to be qualifying circumstances of murder, or by
informed of the charge against him will be violated. that of parricide or infanticide

Q: A, a 76‐year old woman, was brought to the Note: Intent to kill is conclusively presumed when
hospital in coma with slight cerebral hemorrhage. death resulted, hence, need not be established.
An endotracheal tube was inserted in his mouth to
facilitate her breathing. B, a hospital janitor, who Evidence of intent to kill is important only in
had no business in the emergency room, for attempted or frustrated homicide.
reasons known only to him, removed the plaster
holding the tube in place. A doctor saw him and Physical injuries are included as one of the essential
told him to get out of the room. The plaster was elements of frustrated homicide. When the wounds
replaced. But when the doctor was gone, B came that caused death were inflicted by 2 different
back and removed the tube. The victim started to persons, even if they were not in conspiracy, each one
convulse and bleed in the mouth. Only the timely of them is guilty of homicide.
arrival of the nurse prevented the patient’s death.
The patient was then transferred to another In all crimes against person in which the death of the
hospital where she died the next day of victim is an element, there must be satisfactory
evidence of:
cardiorespiratory arrest. Is B criminally liable? If
1. The fact of death
so, what crime if any did B commit?
2. The identity of the victim.

A: Yes, B is criminally liable for murder (qualified by

When there is no way of determining how the attack
treachery) because the death of A appears to be
was committed, treachery cannot be considered and
the proximate cause of the overt acts of B. the accused is guilty of homicide only. (People vs Dela
Cruz, G.R. No. 152176, October 1, 2003)
Q: A died of cardiorespiratory arrest which
evidently was brought about by the convulsion Q: Is there a crime of frustrated homicide through
and bleeding in the mouth of the victim due to the reckless imprudence?
removal of B of the endotracheal tube twice. Can
the two acts of B be considered as the result of A: None. This is because intent is inherent in
one criminal design? frustrated or attempted homicide.

A: In People v. Umaging (17 SCRA 166), the Illustration:

Supreme Court ruled that the removal of the
endotracheal tube is attempted murder qualified by When there is an agreement to fight between the
treachery because the patient did not die. (1991 accused and the deceased, the killing will always be
Bar Question) considered as homicide, as treachery cannot exist in
that scenario.
HOMICIDE
(Art. 249) If a boxer is killed by his opponent in a boxing bout
duly licensed by the government without any violation
Q: What is homicide? of the governing rules and regulations, there is no
homicide to speak of. If he hit his opponent below the
A: Homicide is the unlawful killing of any person, belt without any intention to do so, it is homicide
which is neither parricide, murder nor infanticide. through reckless imprudence if the latter died as a
result. If he intentionally hit his opponent on the part
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 205
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

of the body causing the death, the crime is homicide. DEATH CAUSED IN A TUMULTOUS AFFRAY
(Art. 251)
Illustration:
Q: What is a tumultuous affray?
The shooting of a peace officer who was fully aware of
the risks in pursuing the malefactors when done in the A: Tumultuous affray means a commotion in a
spur of the moment is only homicide. (People v. tumultuous and confused manner, to such an
Porras, G.R. Nos. 114263‐64, Mar. 29, 1996) extent that it would not be possible to identify who
the killer if death results, or who inflicted the
Q: What are the distinctions between physical serious physical injuries, but the person or persons
injuries and homicide? who used violence are known.

A: Note: The participants must be more than three

HOMICIDE PHYSICAL INJURIES considering the definition of tumultuous under Art.
There is no intent to kill. 153, third paragraph, that the disturbance or
However, if as a result of the interruption shall be deemed to be tumultuous if
In attempted or caused by more than 3 persons who are armed or
physical injuries inflicted, the
frustrated homicide, provided with the means of violence. The person killed
victim died, the crime will be
there is intent to could be participant or anybody caught in the fight.
homicide
kill.

Ratio: The law punishes the Q: What are the elements of this crime?
result, and not the intent of
the act. A:
1. There be several persons
Q: If mortal wounds are inflicted but those were 2. They did not compose groups organized
due to negligence, is frustrated homicide for the common purpose of assaulting
committed? and attacking each other reciprocally and
assaulted one another in a confused and
A: No. The crime committed is serious physical tumultuous manner
injuries through reckless imprudence because the 3. Someone was killed in the course of the
element of intent to kill is incompatible with affray
negligence or imprudence. 4. It cannot be ascertained who actually
killed the deceased
Q: Suppose several assailants not acting in 5. The person or persons who inflicted
conspiracy inflicted wounds on the victim, but it serious physical injuries or who used
cannot be determined who inflicted which violence can be identified
wounds, which caused the death of the victim,
who should be guilty for the crime of homicide? Note: This article does not apply if there is concerted
fight between two organized groups.
A: All of them liable for homicide.
There is no particular group against another group.
Q: If homicide or murder is committed with the The riots in city jails and/or Muntinlupa brigades do
use of an unlicensed firearm, how should the not fall under this article because the participants are
members of different gangs. If there is conspiracy, this
crime be denominated?
crime is not committed.

A: The crime would only be homicide or murder as

Q: What brings about the crime of tumultuous
the case may be because the use of firearm is only
affray?
considered as an aggravating circumstance.
A: It is the inability to ascertain actual perpetrator,
Q: What is accidental homicide?
not the tumultuous affray itself, that brings about
the crime. It is necessary that the very person who
A: Accidental homicide is death of a person brought caused the death cannot be known, and not that he
about by a lawful act performed with proper care cannot be identified.
and skill and without intent to kill.

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

Q: What is the crime committed if the person who person will answer for his death
caused the death is known but he cannot be
identified? 3. If nobody could still be traced to have
employed violence upon the victim,
A: If he is known but only his identity is not known, nobody will answer. The crimes committed
he will be charged for the crime of homicide or might be disturbance of public order, or if
murder under a fictitious name not death in a participants are armed, it could be
tumultuous affray. tumultuous disturbance, or if property was
destroyed, it could be malicious mischief
Q: If the quarrel or rumble involving organized
groups resulted in the death of a person and it
cannot be identified who in particular committed PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY
the killing, what is the crime committed? (Art. 252)

A: The crime would be homicide or murder. There Q: What are the elements of this crime?
will be collective responsibility on both sides.
A:
Q: Who may be a victim under Article 251? 1. There is a tumultuous affray as referred to
in the preceding article
A: The victim may be a participant in the affray or a
mere passerby. 2. A participant or some participants thereof
suffers physical injuries of a less serious
Illustration: nature only

As long as it cannot be determined who killed the 3. Person responsible thereof cannot be
victim, all those persons who inflicted serious physical identified
injuries will be collectively answerable for the death of
that fellow.
4. All those who appear to have used
violence upon the person of the offended
If those who inflicted the serious physical injuries
party are known.
cannot be ascertained too, then those who shall have
used violence upon the deceased shall be punished by
prision correctional in its medium and maximum Q: What kind of injury is contemplated in the
periods. Even if the participant only kicked the crime of physical injuries in a tumultuous affray?
accused, he will be held liable for the death of the
victim although such act did not result in the death of A: The physical injury should be serious or less
the victim as those who inflicted the serious physical serious and resulting from a tumultuous affray. If
injuries are undeterminable. the physical injury sustained is only slight, this is
considered as inherent in a tumultuous affray.
If those who actually killed the victim can be
determined, they will be the ones who will be held Q: Who may be a victim under Art. 252?
liable, and those who inflicted the serious or less
serious physical injuries shall be punished for said A: The victim must be a participant in the affray.
corresponding offenses provided no conspiracy is
established with the killers.
Q: Who may be liable?
A: Only those who have used violence are punished
Q: Who may be liable for the death or physical because if the one who caused the physical injuries
injury in the tumultuous affray? is known, he will be liable for physical injuries
actually committed and not under this article.
A:
1. The person who inflicted serious physical GIVING ASSISTANCE TO SUICIDE
injuries upon the victim (Art. 253)

2. If they could not be known, then anyone Q: What are the punishable acts?
who may have employed violence on that
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 207
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: Even if the suicide did not materialize, the person

1. Assisting another to commit suicide, giving assistance to suicide is also liable but the
whether the suicide is consummated or penalty shall be one or two degrees lower depending
not on whether it is attempted or frustrated suicide.

2. Lending assistance to another to commit Q: What is the difference between giving

suicide to the extent of doing the killing assistance to suicide and mercy killing or
himself euthanasia?

Note: In this crime, the intention must be for the A:

person who asking the assistance of another to
commit suicide. The penalty of the one assisting is Note: In both, the intention to end the life comes from
mitigated if suicide is not successful. the victim himself. The victim must persistently induce
the offender to end his life.
Q: What is the meaning of giving assistance to
suicide? DISCHARGE OF FIREARMS
(Art. 254)
A: Giving assistance to suicide means giving arms,
poison, etc. or whatever manner of positive and Q: What are the elements of the crime?
direct cooperation, intellectual aid, suggestion
regarding the mode of committing the suicide, etc. A:
1. Offender discharges a firearm against
Q: Suppose the intention is not to commit suicide, another person
as when he just wanted to have a picture taken of 2. Offender has no intention to kill the
him to impress upon the world that he is person
committing suicide because he is not satisfied of
the government, what is the crime committed by Q: Can the crime of illegal discharge be committed
the person giving assistance to facilitate the said through imprudence?
act?
A: No, because it requires that the discharge must
A: The crime is inciting to sedition. The person be directed at another.
giving the assistance becomes a co‐conspirator in
the crime of inciting to sedition, but not of giving Q: What is the purpose of the offender under the
assistance to suicide because the assistance must article?
be given the one who is really determined to
commit suicide. A: The purpose of the offender is to merely frighten
or intimidate the offended party.
Q: What is the liability of the person attempting to
commit suicide should he survive? Q: If the firearm is directed at the person and the
trigger was pressed but did not fire, what crime is
A: He has no liability because committing suicide is committed?
not penalized by the RPC. However, he may be held
liable for the crime of disturbance of public order if A: The crime is frustrated discharge of firearm.
indeed serious disturbance of public peace
occurred due to his attempt to commit suicide. Q: If serious or less serious physical injuries
resulted from the discharge, what crime is
Illustration: committed?

One who upon a plea of his friend to pull the trigger of A: This results to the complex crime of serious or
the gun to which he himself poked on his temple as he
less serious physical injuries with illegal discharge of
could no longer bear the pain due to a brain cancer,
firearm.
squeezed the said trigger causing the death of his
longsuffering friend is liable under this article.
Q: Suppose slight serious physical injuries resulted
from the discharge, what crime/s is/are
GIVING ASSISTANCE TO MERCY KILLING OR committed?
SUICIDE EUTHANASIA
CRIMINAL LAW TEAM:
The victim is not in a
position to commit

5
ADVISERis: Jthe
The principal actor UDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY Bcommitting
INAY, MARIA CARMELLA
suicide. Whoever
person the BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
A would
LBERT DECLARO, ERIK G heed
ALLARDO , KINGhis advice
JAMES CARLOisHIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
suicide.
SAIPUDIN, ADRIAN VALBUENAnot really giving

3 assistance to suicide but

doing the killing himself.
4
BOOK 2: Crimes Against Persons

A: Two crimes are committed, that of illegal A: No. Infanticide is not committed.
discharge of firearm and slight physical injuries. It is
important that there should be no intent to kill. Q: Is concealment of dishonor an element of
infanticide?
Illustration:
A: No. It merely lowers the penalty.
The firing of a gun at a person even if merely to
frighten him constitutes illegal discharge of firearm. If Note: Only the mother and maternal grandparents of
the firearm is not discharged at a person, the act is not the child are entitled to the mitigating circumstance of
punished under this article. concealing dishonor. Mother who claims concealing
dishonor must be of good reputation.
Q: Is the discharge towards the house of the victim
a discharge of firearm? Other person who kills or who cooperates with the
mother or maternal grandparent in killing a child less
A: No. Firing a gun at the house of the offended than 3 days old will suffer the penalty of murder.
party, not knowing in what part of the house the
people were, is only alarm under Art. 155. Q: What are the distinctions between infanticide
and parricide if the offender is the blood relative,
Note: It is not applicable to police officers in the e.g. parent of the child?
performance of their duties. If the firearm is
unlicensed, the crime of illegal Possession of Firearm is A:
absorbed and the offender cannot be punished
separately for that offense. Note: In both, there is intent to kill the child.

INFANTICIDE Q: Suppose the child is abandoned without any

(Art. 255) intent to kill and death results as a consequence,
what crime is committed?
Q: What is infanticide?
A: The crime committed is abandonment not
A: It is the killing of any child less than 3 days old or infanticide.
72 hours of age, whether the killer is the parent or
grandparent, any relative of the child, or a stranger. INTENTIONAL ABORTION
(Art. 256)
Note: If the killer is the mother, or father, or legitimate
grandfathers, although the crime is still infanticide and
Q: What is abortion?
not parricide, the penalty however, is that of parricide.

A: Abortion is the willful killing of the fetus in the

Q: What are the elements of infanticide?
uterus, or the violent expulsion of the fetus from
the maternal womb that results in the death of the
A:
fetus.
1. A child was killed by the accused.
Q: In what ways is the crime of intentional
2. Deceased child was less than 3 days old abortion committed?
or less than 72 hours of age
A:
3. Accused killed the said child 1. Using any violence upon the person of the
pregnant woman
Q: If the child is born dead, or if the child is
already
2. By administering drugs or beverages upon
dead, is there infanticide? such pregnant woman without
INFANTICIDE PARRICIDE her consent
The age of the victim is The victim is three days
less than three days old. old or above.
IfAdone in Cconspiracy
CADEMICS with
HAIR: LESTER JAY ALAN E. FLORES II
The co‐conspirator is
UNIVERSITY OF SANTO TOMAS
a stranger, both the
liable for murder because
V
parent and the co‐
conspirator areACADEMICS
ICE CHAIRS FOR

infanticide.
liable for
of the absence of
: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
relationship.
209
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
Concealment ofESIGN: Concealment
VICE CHAIRS FOR LAYOUT AND D of dishonor
EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
dishonor in killing the in killing the child is not a
child is mitigating. mitigating circumstance
 UST GOLDEN NOTES 2011

3. By administering drugs or beverages with separation from the maternal womb, and it is killed,
the consent of the pregnant woman the crime is infanticide and not abortion.

Q: What are the elements of intentional abortion? Q: Should the fetus die to consummate abortion?

A: A: Yes. If it is intentional abortion and the fetus

1. There is a pregnant woman does not die, it is frustrated intentional abortion
2. Violence is exerted, or drugs or beverages when all acts of execution have been performed by
administered, or that the accused the offender.
otherwise acts upon such pregnant
woman If the abortion is not intended and the fetus does
3. As a result of the use of violence or drugs not die in spite of the violence intentionally
or beverages upon her, or any other act exerted, the crime may only be physical injuries.
of the accused, the fetus dies, either in There is no crime of frustrated unintentional
the womb or after having been expelled abortion in view of the absence of the intention to
therefrom cause abortion.
4. Abortion is intended
Q: What is the difference between abortion and
Q: Who are the persons liable for intentional infanticide?
abortion?
A:
A:
1. The person who actually caused the Q: Suppose the mother as a consequence of
abortion under Art. 256 abortion suffers death or physical injuries, what
2. The pregnant woman if she consented crime is committed?
under Art. 258
A: The crime is complex crime of murder or physical
Note: Abortion is not a crime against the woman but injuries with abortion.
against the fetus. The offender must know of the
pregnancy because the particular criminal intention is Q: If despite the employment of sufficient and
to cause an abortion. adequate means to effect abortion, the fetus that
is expelled from the maternal womb is viable but
Q: What determines personality? unable to sustain life outside the maternal womb,
what crime is committed?
A: Under Art. 40 of the Civil Code, birth determines
personality. A person is considered born at the time A: The crime is frustrated abortion because
when the umbilical cord is cut. He then acquires a abortion is consummated only if the fetus is dead.
personality separate and distinct from his mother.
But even though the umbilical cord has been cut, Q: Suppose the expelled viable fetus could sustain
Art. 41 of the Civil Code provides that if the fetus life from the mother’s womb, what crime is
had an intra‐uterine life of less than 7 months, it committed?
must survive at least 24 hours after the umbilical
cord is cut for it to be considered born.
A: The crime is already infanticide.

Note: As long as the as the fetus dies as a result of the

Q: Suppose the means employed in abortion are
violence used or drugs administered, the crime of
inadequate or insufficient, what is the crime
abortion exists even if the fetus is over or less than 7
committed?
months.

If the fetus, having an intra‐uterine life of less than 7 A: The crime would be an impossible crime of
months, could sustain an independent life after its abortion.

ABORTION INFANTICIDE UNINTENTIONAL ABORTION

The victim is already a (Art. 257)
person less than 3 days old
The victim is not viable or 72 hours and is
but remains to be a
viable or capable of living
CRIMINAL LAW TEAM: fetus.
separately from the
mother’s womb.

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, for
MARIA The mother
CARMELLA BUSTONERA and
, MARY G RACEmaternal
CAMAYO, DELFIN FABRIGAS, JR., SPINEL
No mitigation parents
A LBERT DECLARO, Egrandparents
RIK GALLARDO, KINGof theCchild
JAMES ARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
of pregnant woman even
are entitled to the
3
SAIPUDIN, ADRIAN VALBUENA
if the purpose is to mitigating circumstance of
conceal dishonor. concealing the dishonor.
4
BOOK 2: Crimes Against Persons

Q: What are the elements of unintentional

abortion? A: Yes. The act of employing physical force or
violence upon the woman is already a felony. It is
A: not material if the offender knew about the woman
1. There is a pregnant woman being pregnant or not.

2. Violence is used upon such pregnant Q: Suppose a pregnant woman decided to commit
woman without intending an abortion suicide by jumping out of the window of the
building but landed on a passerby, she did not die
3. Violence is intentionally exerted but abortion followed. Is
she liable for unintentional abortion?
4. As a result of the violence exerted, the
fetus dies either in the womb or after A: No, because what is contemplated is that the
having been expelled therefrom force or violence must come from another person.
In this case, when the woman tried to commit
suicide but did not die, the attempt to commit
Illustration:
suicide is not a felony under the RPC.
Unintentional abortion requires physical violence
inflicted deliberately and voluntarily by a third person Q: Suppose the pregnant woman employed
upon the person of the pregnant woman. Hence, if A violence to herself specifically calculated to bring
pointed a gun at a pregnant lady, who became so about abortion, what crime is committed?
frightened, causing her abortion, he is not liable for
unintentional abortion, as there was no violence A: The woman is liable for intentional abortion.
exerted. If he intended the abortion however, his
crime is intentional abortion. Q: If the abortive drug used in abortion is a
prohibited drug or regulated drug under R.A. 9165
Note: The force or violence must come from another. or the Dangerous Drugs Act, what are the crimes
Mere intimidation is not enough unless the degree of committed?
intimidation already approximates violence.
A: The crimes committed are intentional abortion
Q: Is the crime of unintentional abortion and violation of R.A. 9165.
committed if the pregnant woman aborted
because of intimidation? Note: If grave threats were made to cause abortion, a
complex crime of grave threats and intentional
A: No. The crime committed is not unintentional abortion is committed. If light threats were made, two
abortion because there is no violence. The crime separate crimes of light threats and intentional
committed is light threats. abortion is committed.

Q: Suppose a quarrel ensued between a husband ABORTION PRACTICED BY THE WOMAN HERSELF
and a wife who was pregnant at that time. OR BY HER PARENTS (Art. 258)
Violence was resorted to by the husband which
resulted to abortion and death of his wife, what is Q: What are the elements of this crime?
the crime committed?
A:
A: The crime committed is complex crime of 1. There is a pregnant woman who has
parricide with unintentional abortion. suffered abortion
2. Abortion is intended
Q: Suppose a quarrel ensued between two 3. Abortion is caused by:
women, X and Y, who is then two months a. The pregnant woman herself
pregnant. X has no knowledge that Y is pregnant b. Any other person, with her consent
and being a sports buff that she is, gave Y a hard c. Any of her parents, with her consent
blow on the stomach. As a result, Y had an for the purpose of concealing her
abortion. Is X liable for unintentional abortion dishonor
despite her lack of knowledge of Y’s pregnancy?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 211
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: The liability of the pregnant woman is mitigated under Art. 259?
if the purpose for abortion is to conceal her dishonor.
However, in case of parents, there is no mitigation A: Yes. The consent of the woman or her husband is
even if for the same purpose, unlike in infanticide. not enough to justify abortion.

ABORTION PRACTICED BY PHYSICIAN MIDWIFE

AND DISPENSING OF ABORTIVES
(Art. 259) RESPONSIBILITY OF PARTICANTS IN A DUEL
(Art. 260)
Q: What are the elements of this crime as to the
physician or midwife? Q: What is a duel?

A: A: It is a formal or regular combat previously

1. There is a pregnant woman who has consented between two parties in the presence of
suffered abortion two or more seconds of lawful age on each side,
2. Abortion is intended who make the selection of arms and fix all the other
3. The offender must be a physician or conditions of the fight to settle some antecedent
midwife who causes or assisted in causing quarrels.
the abortion
4. Said physician or midwife takes Q: What are the punishable acts?
advantage of his or her scientific
knowledge or skill.
A:
1. Killing one’s adversary in a duel
Q: What are the elements of this crime as to the
2. Inflicting upon such adversary physical
pharmacists? injuries
3. Making a combat although no physical
A: injuries have been inflicted
1. Offender is a pharmacists
2. There is no proper prescription from a Illustration:
physician
3. Offender dispenses an abortive A mere fight as a result of an agreement is not
necessarily a duel because a duel implies an
Note: As to the pharmacist, the crime is consummated agreement to fight under determined conditions and
by dispensing an abortive without proper prescription with the participation and intervention of seconds
from a physician. It is not necessary that the abortive who
is actually used. fixed the conditions.

It is immaterial that the pharmacist knows that the If the fight is not a duel as defined under Art. 260, the
abortive would be used for abortion. Otherwise, he resulting death or injury is as homicide, murder or
shall be liable as an accomplice should abortion result physical injuries as the case may be.
from the use thereof.
If the accused and the deceased, after a verbal heated
Q: Suppose abortion is resorted to save the life of argument in the bar, left the place at the same time
the mother, is the physician liable for abortion and pursuant to their agreement, went to the plaza to
under Art. 259? fight each other to death with knives which they
bought on the way, the facts do not constitute the
A: No. This is resorted to as a therapeutic abortion. crime of duel since there was no seconds who fixed
In this case, there is medical necessity which would the conditions of the fight in a more or less formal
warrant abortion. Simply put, there must be no manner. If one is killed, the crime committed is
other practical or less harmful means of saving the homicide.
life of the mother to make the abortion justified.
CHALLENGING TO A DUEL
Q: Suppose the abortion was performed by a (Art. 261)
physician without medical necessity to warrant
such abortion and the woman or her husband had Q: What are the punishable acts?
consented. Is the physician liable for abortion
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Persons

A: other than the essential organ for

1. Challenging another to a duel reproduction, to deprive him of that part
2. Inciting another to give or accept a of his body.
challenge to a duel
3. Scoffing at or decrying another publicly Q: Must mutilation be intentional?
for having refused to accept a challenge
to fight a duel A: Yes. Thus, it cannot be committed through
criminal negligence. Mayhem refers to any other
Note: The punishable act is to challenge to a duel not form of mutilation.
challenge to a fight because if it is the latter, the crime
would be light threats under Art. 285 (2). Note: There must be no intent to kill otherwise the
offense is attempted or frustrated homicide or murder
Q: Who are the persons liable? as the case may be.

A: The challenger and the instigators. Q: Suppose there is no intent to deprive the victim
of the particular part of the body, what is the
PHYSICAL INJURIES crime committed?

MUTILATION A: The crime is only serious physical injury.

(Art. 262)
Note: Cruelty, as understood in Art. 14 (21) is inherent
Q: What is mutilation? in mutilation and in fact, that is the only felony, where
said circumstance is an integral part and is absorbed
A: Mutilation is the lopping or the clipping off of therein. If the victim dies, the crime is murder
some parts of the body which are not susceptible to qualified by cruelty but the offender may still claim
and prove that he had no intention to commit so grave
growth again.
a wrong.

Q: What are the kinds of mutilation?

SERIOUS PHYSICAL INJURIES
(Art. 263)
A:
1. Intentionally mutilating another by
Q: How is the crime of serious physical injuries
depriving him, either totally or partially,
committed?
of some essential organ for reproduction.
A: By:
Elements:
1. Wounding
a. There must be a castration, that is,
2. Beating
mutilation of organs necessary for
3. Assaulting
generation, such as the penis or
4. Administering injurious substance
ovarium
Q: What are serious physical injuries?
Note: In the first kind of mutilation, the
castration must be made purposely.
Otherwise, it will be considered as A:
mutilation of the second kind. 1. When the injured person becomes
insane, imbecile, impotent, or blind in
b. The mutilation is caused purposely consequence of the physical injuries
and deliberately, that is, to deprive inflicted.
the offended party of some essential
organ for reproduction Note: Impotence includes inability to
copulate and sterility.
2. Intentionally making other mutilation,
Blindness requires loss of vision of both
that is, by lopping or clipping off of any
eyes. Mere weakness in vision is not
part of the body of the offended party,
contemplated.

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 UST GOLDEN NOTES 2011

2. When the injured person: There is no incapacity if the injured party could still
a. Loses the use of speech or the power engage in his work although less effectively than
to hear or to smell, or looses an eye, before.
a hand, a foot, an arm or a leg; or
b. Loses the use of any such member, Q: What is the nature of physical injuries?
or
c. Becomes incapacitated for the work A: The crime of physical injuries is a formal crime
in which he was therefore habitually because it is penalized on the basis of the gravity of
engaged in consequence of the the injury sustained. What is punished is the
physical injuries inflicted. consequence and not the stage of execution.
Hence, it is always consummated. It cannot be
Note: Loss of hearing must involve both committed in the attempted and frustrated stage.
ears. Otherwise, it will be considered as
serious physical injuries under par. 3. Loss of Note: There must be no intent to kill otherwise, the
the power to hear in the right ear is merely crime would be frustrated or attempted murder,
considered as merely loss of use of some parricide, homicide, as the case may be. Intent to kill is
other part of the body. a specific criminal intent that must be conclusively
proved in case of physical injuries only.
3. When the injured :
a. Becomes deformed Ratio: When death results, intent to kill is a general
b. Loses any other member of his body intent which is conclusively presumed. Hence, if death
or results, even without intent to kill, the crime is
c. Loses the use thereof; or homicide at least.
d. Becomes ill or incapacitated for the
performance of the work in which he Q: If the offender repeatedly uttered “I will kill
was habitually engaged for more you” but he only keeps on boxing the offended
than 90 days, in consequence of the party and injuries resulted, what is the crime
physical injuries inflicted committed?

Note: Loss of the index and middle fingers is A: The crime is only physical injuries not attempted
either a deformity or loss of a member, not or frustrated homicide.
a principal one, of his body or use of the
same. If the injury would require medical Q: How is intent to kill determined?
attendance for more than 30 days, the
illness of the offended party maybe A: Intent to kill must be manifested by overt acts. It
considered as lasting more than 30 days. cannot be manifested by oral threats.
The fact that there was medical attendance
for that period of time shows that the Note: Once physical injuries resulted to deformity, it is
injuries were not cured for that length of classified as serious physical injuries.
time.
Q: What are the requisites of deformity?
4. When the injured person becomes ill or
incapacitated for labor for more than 30 A:
days (but must not be more than 90
1. Physical ugliness
days), as a result of the physical injuries
2. Permanent and definite abnormality
inflicted.
3. Conspicuous and visible
Note: When the category of the offense of serious
Note: If the loss of teeth is visible and impairs the
physical injuries depends on the period of the illness
appearance of the injured party, it constitutes
or incapacity for labor, there must be evidence of the
disfigurement.
length of that period. Otherwise, the offense will be
considered as slight physical injuries.
The substitution of the artificial teeth for the natural
teeth does not repair the injury.
In determining incapacity the injured party must have
a vocation or work at the time of the injury. Work
A scar produced by an injury can be considered as a
includes studies or preparation for a profession.
deformity. However, it should not be on the part of
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Persons

the body of the victim which is usually covered by injuries and attempted or frustrated homicide?
dress or clothes.
A:
Illustration: ATTEMPTED OR FRUSTRATED
PHYSICAL INJURIES
HOMICIDE
1. Loss of molar tooth – this is not deformity as Attempted homicide may be
it is not visible. The offender inflicts
committed even if no physical
physical injuries.
injuries are inflicted.
2. Loss of permanent front tooth – this is
Offender has no
deformity as it is visible and permanent. The offender has intent to kill
intention to kill the
the offended party.
offended party.
3. Loss of milk front tooth – this is not
deformity as it is visible but will naturally be
replaced. ADMINISTERING INJURIOUS SUBSTANCES OR
BEVERAGES (Art.264)
Q: X threw acid on the face of Y and were it not for
the timely medical attention, a deformity would Q: What are the elements of this crime?
have been produced on the face of Y. After the
plastic surgery, Y became more handsome than A:
before the injury. What crime was committed? In 1. The offender inflicted serious physical
what stage was it committed? injuries upon another.
2. It was done by knowingly administering
A: The crime is serious physical injuries because to him any injurious substances or
the problem itself states that the injury would beverages or by taking advantage of his
have produced a deformity. The fact that the weakness of mind or credulity.
plastic surgery removed the deformity is 3. He had no intent to kill.
immaterial because in law, what is considered is
not the artificial treatment but the natural Note: To administer an injurious substance or
healing process. beverage means to direct or cause said substance or
beverage to be taken orally by the injured person,
Q: What are the qualifying circumstances of who
serious physical injuries? suffered serious physical injuries as a result.

There must be no intent to kill otherwise, frustrated

A:
murder will be committed.
1. If it is committed by any of the persons
referred to in the crime of parricide.
It does not apply when the physical injuries that result
2. If any of the circumstances qualifying
are less serious or light. They will be treated under Art.
murder attended its commission.
265 or 266, as the case may be.

Illustration:
LESS SERIOUS PHYSICAL INJURIES
(Art. 265)
A father who inflicts serious physical injuries upon his
son will be liable for qualified serious physical injuries.
Q: What are the elements of this crime?
Q: What distinguishes physical injuries from
A:
mutilation?
1. Offended party is incapacitated for labor
for 10 days or more (but not more than
A: The mutilation must have been caused purposely
30 days), or shall require medical
and deliberately to lop or clip off some part of the
attendance for the same period of time.
body so as to deprive the offended party of such
part of the body. This special intention is not
2. Physical injuries must not be those
present in other kinds of physical injuries.
described in the preceding articles.
Q: What are the differences between physical

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 215
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 UST GOLDEN NOTES 2011

Note: The disjunctive conjunction “or” above means twin slaps on Carina’s beautiful face. What is the
that it is either incapacity for work for 10 days or more crime committed by Cindy?
or the necessity of medical attendance for an equal
period which will make the crime of less serious A:
physical injuries. 1. Slander by deed – if the slapping was
done to cast dishonor to the person
In the absence of proof as to the period of the slapped.
offended party’s incapacity for labor or required
2. Ill‐treatment – if the slapping was done
medical attendance, the offense committed is only
without the intention of casting dishonor,
slight physical injuries.
or to humiliate or embarrass the
offended
The phrase “shall require” refers to the period of
party out of a quarrel or anger.
actual medical attendance.

RAPE
Q: What are the qualifying circumstances of less
serious physical injuries?
RAPE (Art. 266‐A) and (R.A. 8353)
A:
Q: How is rape committed?
1. When there is manifest intent to insult or
offend the injured person
2. When there are circumstances adding A:
ignominy to the offense 1. By a man who shall have carnal
3. When the victim is the offender’s parents, knowledge of a woman.
ascendants, guardians, 2. Sexual Assault
curators, or teachers.
4. When the victim is a person of rank or Q: What are the elements of rape by a man who
person in authority, provided the crime is shall have carnal knowledge of a woman?
not direct assault.
A:
SLIGHT PHYSICAL INJURIES AND 1. Offender is a man
MALTREATMENT 2. Offender had carnal knowledge of the
(Art. 266) woman
3. Such act is accomplished under any of the
Q: What are the kinds of slight physical injuries following circumstances:
and maltreatment? a. Through force, threat or intimidation
b. When the offended party is deprived
A: of reason or is
1. Physical injuries which incapacitated the otherwise
offended party for labor from 1 to 9 days, or unconscious
required medical attendance during the c. By means of fraudulent machination
same period or grave abuse of authority
d. When the offended party is under 12
2. Physical injuries which did not prevent the years of age or is demented, even
offended party from engaging in his habitual though none of the above
work or which did not require medical circumstances mentioned above be
attendance. present.

3. Ill‐treatment of another by deed without Q: What are the elements of rape by sexual
causing any injury assault?

Note: Slapping the offended party is a form of A:

illtreatment which is a form of slight physical injuries. 1. Offender commits an act of sexual
assault
Q: A disagreement ensued between Cindy and 2. The act of sexual assault is committed by
Carina which led to a slapping incident. Cindy gave any of the following means:

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Persons

a. By inserting his penis into another 2. There is now an impossible crime of rape
person’s mouth or anal orifice, or because impossible crimes can only be
b. By inserting any instrument or object committed against persons or property.
into the genital or anal orifice of
another person Q: What are the kinds of rape under R.A. 8353?

3. The act of sexual assault is accomplished A:

under any of the following circumstances: 1. The traditional concept under Art. 335 –
a. By using force or intimidation, or carnal knowledge with a woman against
b. When the woman is deprived of her will. The offended party is always a
reason or otherwise unconscious, or woman and the offender is always a man.
c. By means of fraudulent machination
or grave abused of authority, or 2. Sexual assault – committed with an
d. When the woman is under 12 years instrument or an object or use of the
of age or demented. penis with penetration of the mouth or
anal orifice. The offended party or
Note: Under R.A. 8353, the crime of rape can now be offender can either be a man or a
committed by a male or female. woman, that is if the woman or a man
uses an instrument in the anal orifice of
When the offender in rape has an ascendancy or male, she
influence on the offended party, it is not necessary or he can be liable for rape.
that the latter put up a determined resistance.
Q: What is the necessary degree of force?
Q: Is there a crime of frustrated rape?
A:
A: None. The slightest penetration of penis into the 1. Force sufficient to consummate culprit’s
labia of the female organ consummates the crime purpose
of rape. However, mere touching alone of the 2. Consider age, size and strength of parties
genitals and mons pubis or the pudendum can only and their relation to each other
be considered as attempted rape, if not acts of
lasciviousness. Q: Geronimo, a teacher, was tried and convicted
for 12 counts of rape for the sexual assault, he, on
There must be sufficient and convincing proof that several occasions, committed on one of his
the penis indeed touched the labia or slid into the students by inserting his penis in the victim’s
female organ, and not merely stroked the external mouth. On appeal, Geronimo contends that the
surface thereof, for an accused to be convicted of acts complained of do not fall within the definition
consummated rape. (People v. Brioso, G.R. No. of rape as defined in the RPC, particularly that
182517, March 13, 2009) rape is a crime committed by a man against a
woman. Is Geronimo’s contention correct?
Note: When the woman is under 12 years of age or is
demented, sexual intercourse with her is always rape. A: No. Rape maybe committed notwithstanding the
In fact, even if the sexual intercourse was with her
fact that persons involved are both males. R.A.
consent, the man is liable.
8353 provides that an act of sexual assault can be
committed by any person who inserts his penis into
Q: What are the effects of the reclassification of the mouth or anal orifice, or any instrument or
rape into a crime against person? object into the genital or anal orifice of another
person. The law, unlike rape under Art. 266‐A, has
A: not made any distinction on the sex of either the
1. The procedural requirement of consent of offender or the victim. Neither must the courts
the offended party to file the case is no make such distinction. (Ordinario v. People, G.R.
longer needed because this is now a No.
public crime, unlike when it was still 155415, May 20, 2004)
classified as a crime against chastity.
Q: Is the victim’s reputation considered in the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 217
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
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 UST GOLDEN NOTES 2011

prosecution of rape? virus or decease is transferred to the

victim.
A: No, it is immaterial in rape, there being
absolutely no nexus between it and the odious 8. When committed by any member of the
deed committed. A woman of loose morals could AFP or paramilitary units thereof or the
still be a victim of rape, the essence thereof being PNP or any law enforcement agency or
carnal knowledge of a woman without her consent. penal institution, when the offender took
advantage of his position to facilitate the
Q: When is it considered as qualified rape? commission of the crime.

A: With the occurrence of the following 9. When by reason or on occasion of the

circumstances, rape is punishable by death: rape, the victim has suffered permanent
physical mutilation or disability.
1. When by reason or on occasion of the
rape, a homicide is committed 10. When the offender knew of the
pregnancy of the offended party at the
2. When the victim is under 18 years of age time of the commission of the rape.
and the offender is a parent, ascendant,
step‐parent, guardian, relative by 11. When the offender knew of the mental
consanguinity or affinity within the third disability, emotional disorder, and/or
civil degree, or the common law spouse physical handicap of the offended party
of at the time of the commission of the
the victim. crime.

Note: A step‐brother or step‐sister Note: The foregoing circumstances are in the nature of
relationship between the offender and qualifying aggravating circumstances which must be
the offended party cannot elevate the specifically pleaded or alleged with certainty in the
crime to qualified rape because they are information.
not related either by blood or affinity.
The enumeration is exclusive. Hence, the Q: What are the effects of pardon on the criminal
common law husband of the victim’s liability of the accused charged with rape?
grandmother is not included.
A:
3. When the victim is under the custody of 1. The offended woman may pardon the
the police or military authorities or any offender through a subsequent valid
law enforcement or penal institution. marriage, the effect of which would be
the extinction of the offender’s liability.
4. When rape is committed in full view of
the husband, parent, any of the children 2. Similarly, the legal husband maybe
or other relatives within the third civil pardoned by forgiveness of the wife
degree of consanguinity. provided that the marriage is not void ab
initio. (Art. 266‐C)
5. When the victim is engaged in a
legitimate religious vocation or calling Note: Under the new law, the husband may be liable
and is personally known to be such by the for rape, if his wife does not want to have sex with
offender before or after the commission him. It is enough that there is indication of any
of the crime. amount of resistance as to make it rape.

6. When the victim is a child below 7 years Q: What is incestuous rape?

old.
A: It refers to rape committed by an ascendant of
7. When the offender knows that he is the offended woman.
inflicted with HIV/AIDS or any other
sexually transmissible decease and the Q: Is the employment of force and intimidation
indispensable in incestuous rape?

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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A: No, because the overpowering and overbearing A: Statutory rape. Her mental and not only her
moral influence of the ascendant over the daughter chronological age is considered. (People v.
takes the place of violence and offer of resistance Manalpaz, G.R. No. L‐41819, Feb. 28, 1978)
required in rape cases committed by an accused
having no blood relationship with the victim. Note: In incestuous rape of a minor, proof of force and
violence exerted by the offender are not essential.
Q: Does the absence of signs of external physical Moral ascendancy or parental authority of the accused
injuries signify lack of resistance on the part of the over the offended party takes the place of violence.
rape victim?
Q: Is medical examination an indispensable
A: No. Resistance from the victim need not be element in the prosecution of rape?
carried to the point of inviting death or sustaining
physical injuries at the hands of the rapist. A: No. The purpose of medical examination is
merely corroborative in nature.
Note: In rape, the force and intimidation must be
viewed in light of the victim’s perception and Q: If on the occasion or by reason of rape, the
judgment at the time of commission of the crime. As victim died, what is the crime committed?
already settled in the jurisprudence, not all victims
react the same way. Moreover, resistance is not an A: The special complex crime or rape with
element of rape. A rape victim has no burden to prove homicide is committed.
that she did all within her power to resist the force or
intimidation employed upon her. As long as the force
Q: What is the difference between attempted rape
or intimidation employed upon her. As long as the
force or intimidation is present, whether it was more and acts of lasciviousness?
or less irresistible is beside the point. (People v. Baldo,
G.R. No. 175238, Feb. 24, 2009) A:
ATTEMPTED RAPE ACTS OF LASCIVIOUSNESS
Q: What are the elements of statutory rape? There is no intention to lie
There is intent to effect
with the offended woman.
sexual cohesion,
A: The intention is merely to
although unsuccessful.
1. Accused had carnal knowledge of a satisfy lewd design.
woman.
2. Woman is below 12 years of age. Q: What are the three well‐known principles to
guide the court in rape cases?
Note: In statutory rape, the offender’s knowledge of
the victim’s age is immaterial. A:
1. An accusation for rape can be made with
Q: Suppose a ten‐year old girl consented to the facility, is difficult to prove, but more
sexual intercourse, will such consent negate rape? difficult for person accused, though
innocent, to disprove
A: No, because consent is immaterial in statutory
rape. The mere fact of having sexual relations with 2. Only two persons are involved, testimony
a girl below 12 years old consummates the offense of complainant must be scrutinized with
and consent is not a defense. extreme caution.

Ratio: It is not necessary that the victim was intimated 3. The evidence for the prosecution must
or force used against her because in statutory rape, stand or fall on its own merits and cannot
the law presumes that the victim on account of her be allowed to draw strength from the
tender age does not and cannot have a will of her weakness of the evidence of the defense.
own.
A. Anti‐Violence against Women and their Children
Q: Suppose as 31 year old retardate with mental Act of 2004 (R.A. 9262)
capacity of a 5‐year old was raped, what is the
crime committed?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 219
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 UST GOLDEN NOTES 2011

Q: What does “violence against women and their following acts committed with the
children” mean? purpose or effect of controlling or
restricting the woman's or her child's
A: Violence against women and their children refers movement or conduct:
to any act or a series of acts committed by any
person against a woman who is his wife, former a. Threatening to
wife, or against a woman with whom the person deprive or actually
has or had a sexual or dating relationship, or with depriving the woman or her
whom he has a common child, or against her child child of custody to her/his
whether legitimate or illegitimate, within or family
without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or b. Depriving or
suffering, or economic abuse including threats of threatening to
such acts, battery, assault, coercion, harassment or deprive the woman or her
arbitrary deprivation of liberty. children of financial support
legally due her or her family, or
Note: The “dating relationship” that the law deliberately providing
contemplates can, therefore, exist even without a the woman's children
sexual intercourse taking place between those insufficient
involved. An "away‐bati" or a fight‐and‐kiss thing
financial support
between two lovers is a common occurrence. Their
taking place does not mean that the romantic relation
between the two should be deemed broken up during c. Depriving or threatening to
periods of misunderstanding. (Ang v. CA, GR 182835, deprive the woman or her child
April 20, 2010, Justice Abad) of a legal right

Q: What are the punishable acts under RA 9262? d. Preventing the

A: The crime of violence against women and their woman in engaging
children is committed through any of the following in any
acts: legitimate profession,
occupation, business
1. Causing physical harm to the woman or or activity or
her child controlling the victim's own
money or properties, or solely
2. Threatening to cause the woman or her controlling the
child physical harm conjugal or
common money, or properties
3. Attempting to cause the woman or her
child physical harm 6. Inflicting or threatening to inflict physical
harm on oneself for the purpose of
4. Placing the woman or her child in fear of controlling her actions or decisions
imminent physical harm
7. Causing or attempting to cause the
5. Attempting to compel or compelling the woman or her child to engage in any
woman or her child to engage in conduct sexual activity which does not constitute
which the woman or her child has the rape, by force or threat of force, physical
right to desist from or desist from harm, or through intimidation directed
conduct which the woman or her child against the woman or her child or her/his
has the right to engage in, or attempting immediate family
to restrict or restricting the woman's or
her child's freedom of movement or 8. Engaging in purposeful, knowing, or
conduct by force or threat of force, reckless conduct, personally or through
physical or other harm or threat of another that alarms or causes substantial
physical or other harm, or intimidation emotional or psychological distress to the
directed against the woman or child. This woman or her child. This shall include,
shall include, but not limited to, the but
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

not be limited to, the following acts: A: Child pornography refers to any public or private
representation, by whatever means, of a child
a. Stalking or following the woman engaged in real or simulated explicit sexual
or her child in public or private activities or any representation of the sexual parts
places of a child for primarily sexual purposes.
b. Peering in the window or
lingering outside the residence Q: What are child pornography materials?
of the woman or her child
A: Child pornography materials refers to the means
c. Entering or remaining in the and methods by which child pornography is carried
dwelling or on the property of out:
the woman or her child against 1. As to form:
her/his will
a. Visual depiction ‐ which includes not
only images of real children but also
d. Destroying the property and
digital image, computer image or
personal belongings or inflicting
computer‐generated image that is
harm to animals or pets of the
indistinguishable from that of real
woman or her child
children engaging in an explicit
sexual activity. Visual depiction shall
e. Engaging in any include:
form of
harassment or violence; i. Undeveloped film
and videotapes
9. Causing mental or emotional anguish,
public ridicule or humiliation to the ii. Data and/or images stored on a
woman or her child, including, but not computer disk or by electronic
limited to, repeated verbal and emotional means capable of conversion
abuse, and denial of financial support or into a visual image
custody of minor children of access to the
woman's child/children. (Sec.5) iii. Photograph, film, video,
picture, digital image or
B. Anti‐Child Pornography Law (R.A. 9775) picture, computer image or
picture, whether made or
Q: Who are considered children under R.A. 9775? produced by electronic,
mechanical or other means
A: Children refers to a person below 18 years of age
or over, but is unable to fully take care of iv. Drawings, cartoons, sculptures
themselves from abuse, neglect, cruelty, or paintings depicting children
exploitation or discrimination because of a physical
or mental disability or condition. v. Other analogous
visual depiction
Note: A child shall also refer to:

b. Audio representation of a person who is

1. A person regardless of age who is
or is represented as being a child and who
presented, depicted or believed to be a child
as defined herein
is engaged in or is represented as being
engaged in explicit sexual activity, or an
audio representation that advocates,
2. Computer‐generated, digitally or manually
encourages or counsels any sexual
crafted images or graphics of a person who
is represented or who is made to appear to activity with children which is an offense
be a child as defined herein. under this Act.

Note: Such representation includes audio

Q: What is child pornography?
recordings and live audio transmission

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 221
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

conveyed through whatever medium A: Luring refers to the act of communicating, by

including real‐time internet communications means of a computer system, with a child or
someone who the offender believes to be a child
c. Written text or material that advocates for the purpose of facilitating the commission of
or counsels explicit sexual activity with a sexual activity or production of any form of child
child and whose dominant characteristic pornography.
is the description, for a sexual purpose, of
an explicit sexual activity with a child. Q: What are primarily sexual purposes?

2. As to content: It includes representation of A: It refers to purposes which will fulfill all the
a person who is, appears to be, or is following conditions:
represented as being a child, the
dominant characteristic of which is the 1. The average person applying
depiction, for a sexual purpose, of the: contemporary community standards
would find the work taken as a whole
appealing to prurient interest and
a. Sexual organ or the anal region,
satisfying only the market for gratuitous
or a representation thereof; or
sex and violence

b. Breasts, or a representation of
2. The work depicts or describes sexual
the breasts, of a female person.
conduct in a patently offensive way

Q: What is explicit sexual activity? 3. The work taken as a whole imbued within
its context, manner or presentation,
A: Explicit sexual activity refers to actual or intention and culture, lascivious, literary,
simulated: artistic, political and scientific value

1. Sexual intercourse or lascivious act Q: What are punishable acts under RA 9775?
including, but not limited to, contact
involving genital to genital, oral to genital, A: The punishable acts are:
anal to genital or oral to anal, whether
between persons of the same or opposite 1. To hire, employ, use, persuade, induce or
sex coerce a child to perform in the creation
or production of child pornography
2. Bestiality
2. To produce, direct, manufacture or create
3. Masturbation any form of child pornography and child
pornography materials
4. Sadistic or masochistic abuse
3. To sell, offer, advertise and promote child
5. Exhibition of the genitals, buttocks,
pornography and child pornography
breast, pubic area and/or anus
materials
6.Use of any object or instrument for
lascivious acts 4. To possess, download, purchase,
Q: What is grooming? reproduce or make available child
pornography materials with the intent of
A: Grooming refers to the act of preparing a child or selling or distributing them
someone who the offender believes to be a child
for sexual activity or sexual relationship by 5. To publish, post, exhibit, disseminate,
communicating any form of child pornography. distribute, transmit or broadcast child
pornography or child pornography
Note: Grooming includes online enticement or materials
enticement through any other means.

Q: What is luring?

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

6. To knowingly possess, view, download, who actually participated in the

purchase or in any way take steps to infliction of physical harm.
procure, obtain or access for personal use
child pornography materials b. The parents of one of the officer or
member of the fraternity, sorority or
7. To attempt to commit child pornography organization, when they have actual
by luring or grooming a child. knowledge of the hazing conducted
in their home but failed to take any
C. Anti‐Hazing Law (R.A. 8049) action to prevent the same from
occurring.
Q: What is Hazing?
c. The officers, former officers or
A: Hazing is an initiation rite or practice as a alumni of the organization, group,
prerequisite for admission into membership in a fraternity or sorority who actually
fraternity, sorority or organization by placing the planned the hazing although not
recruit, neophyte or applicant in some present when the acts constituting
embarrassing or humiliating situations such as hazing were committed.
forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting Note: The presence of any person during the hazing is
him to physical or psychological suffering or injury. prima facie evidence of participation therein as
principal, UNLESS he prevented the commission of the
Q: What are the allowed initiation rites? acts punishable therein.

A: 2. The ff. are liable as ACCOMPLICE:

1. Those conducted by “organizations” a. The owner of the place where the

which shall include any club or the AFP, hazing is conducted, when he has
PNP, PMA, or officer and cadet corp of actual knowledge of the hazing
the Citizen's Military Training and CAT. conducted therein but failed to take
The physical, mental and psychological any action to prevent the same from
testing and training procedure and occurring.
practices to determine and enhance the
physical, mental and psychological fitness b. The school authorities
of prospective regular members of the including faculty members who
AFP and the PNP as approved by the consent to the hazing or
Secretary of National Defense and the who have actual
National Police Commission duly knowledge thereof, but failed to take
recommended by the Chief of Staff, AFP any action to prevent the same from
and the Director General of the PNP. occurring.

2. Those conducted by any fraternity, Q: What are the punishable acts?

sorority or organization with prior written
notice to the school authorities or head of A:
organization 7 days before the conduct of
such initiation. 1. Hazing or initiation rites in any form or
manner by a fraternity, sorority or
Q: Who are liable? organization without prior written notice
to the school authorities or head of
A: organization 7 days before the conduct of
such initiation.
1. The ff. are liable as PRINCIPAL: 2. Infliction of any physical violence during
a. The officers and members of the initiation rites
fraternity, sorority or organization
Q: When will maximum penalty be imposed?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 223
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Q: What are the punishable acts under Sec. 5?

A:
1. When the recruitment is accompanied A: The Punishable acts are the ff:
by force, violence, threat, intimidation
or deceit on the person of the recruit 1. Those who engage in or promote,
who facilitate or induce child prostitution
refuses to join which include, but are not limited to, the
following:
2. When the recruit, neophyte or applicant
initially consents to join but upon a. Acting as a procurer of a child
learning that hazing will be committed prostitute
on his
person, is prevented from quitting b. Inducing a person to be a client of a
child prostitute by means of written
3. When the recruit, neophyte or applicant or oral advertisements or other
having undergone hazing is prevented similar means
from reporting the unlawful act to his
parents or guardians, to the proper c. Taking advantage of influence or
school authorities, or to the police relationship to procure a child as
authorities, through force, violence, prostitute
threat or intimidation
d. Threatening or using
4. When the hazing is committed outside violence towards a child to
of the school or institution engage him as a
prostitute
5. When the victim is below 12 years of age
at the time of the hazing. e. Giving monetary consideration goods
or other pecuniary benefit to a child
with intent to engage such child in
Note: Any person charged under this provision shall prostitution
not be entitled to the mitigating circumstance that
there was no intention to commit so grave a wrong.
2. Those who commit the act of sexual
intercourse of lascivious conduct with a
D. Special Protection of Children Against Child
child exploited in prostitution or subject
Abuse, Exploitation, and Discrimination Act
to other sexual abuse
(R.A. 7610, as amended)
Note: Provided, That when the victims is
Q: In general, what are the punishable acts under under 12 years of age, the perpetrators shall
this act? be prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No. 3815,
A: as amended, the RPC, for rape or lascivious
conduct, as the case may be.
1. Child prostitution and other sexual
abuse Provided, That the penalty for lascivious
(Sec.5) conduct when the victim is under 12 years
2. Child trafficking.(Sec. 7) of age shall be reclusion temporal in its
medium period
Q: What is child prostitution?
3. Those who derive profit or advantage
A: Children, whether male or female, who for therefrom, whether as manager or owner
money, profit, or any other consideration or due to of the establishment where the
the coercion or influence of any adult, syndicate or prostitution takes place, or of the sauna,
group, indulge in sexual intercourse or lascivious disco, bar, resort, place of entertainment
conduct. or establishment serving as a cover or

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

3
SAIPUDIN, ADRIAN VALBUENA
4
BOOK 2: Crimes Against Persons

which engages in prostitution in addition birth for the purpose of child trafficking
to the activity for which the license has
been issued to said establishment. 4. A person engages in the act of finding
children among low‐income families,
Q: When is there an attempt to commit Child hospitals, clinics, nurseries, day‐care
Prostitution? centers, or other child‐during institutions
who can be offered for the purpose of
A: There is an attempt to commit child prostitution child trafficking.
when:
E. Juvenile Justice and Welfare Act of 2006
1. Any person who, not being a relative of a (R.A. 9344)
child, is found alone with the said child
inside the room or cubicle of a house, an Q: What are the prohibited acts under RA 9344?
inn, hotel, motel, pension house,
apartelle or other similar establishments, A: In the conduct of the proceedings beginning
vessel, vehicle or any other hidden or
secluded area under circumstances which
would lead a reasonable person to
believe that the child is about to be
exploited in prostitution and other sexual
abuse.

2. Any person is receiving services from a

child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.

Q: What is child trafficking?

A: Any person who shall engage in trading and

dealing with children including, but not limited to,
the act of buying and selling of a child for money, or
for any other consideration, or barter.

Q: When is there an attempt to commit child

trafficking?

A: There is an attempt to commit child trafficking

when:

1. A child travels alone to a foreign country

without valid reason therefor and without
clearance issued by the DSWD or written
permit or justification from the child's
parents or legal guardian

2. A person, agency, establishment or

childcaring institution recruits women or
couples to bear children for the purpose
of child trafficking

3. A doctor, hospital or clinic official or

employee, nurse, midwife, local civil
registrar or any other person simulates

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 225
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

from the initial contact with the child, the 134‐a) iv.
competent authorities must: Murder (Art. 248)
v. Kidnapping and
1. Refrain from branding or labeling children Serious Illegal
as young criminals, juvenile delinquents, Detention (Art. 267)
prostitutes or attaching to them in any
manner any other derogatory names CRIMINAL LAW TEAM:
ADVISER: JUDGE RICO SEBASTIAN

2. Make no discriminatory remarks vi. Crimes Involving Destruction

particularly with respect to the child's (Art.
class or ethnic origin. (Sec. 60) 324)

Note: The following and any other similar acts shall be b. Special Penal Laws:
considered prejudicial and i. The Law on Arson (P.D 1613)
detrimental to the psychological, ii. Toxic Substances and Hazardous and
emotional, social, spiritual, moral and physical health
Nuclear Waste Control Act of 1990
and well‐being of the child in conflict with the law and
(R.A. 6969)
therefore, prohibited:
iii. Atomic Energy Regulatory and
Liability Act of 1968, (R.A. 5207)
1. Employment of threats of whatever kind
iv. Anti‐Hijacking Law (R. A.
and nature
6235)
v. Anti‐Piracy and Anti‐
2. Employment of abusive, coercive and
Highway
punitive measures such as cursing, beating,
Robbery Law of 1974 (PD 532)
stripping, and solitary confinement

vi. Decree Codifying the Laws on Illegal

3. Employment of degrading, inhuman end
and Unlawful Possession,
cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful Manufacture, Dealing in, Acquisition or
substances over the body of the child in conflict Disposition of
with the law, or forcing him/her to walk around Firearms,
the community wearing signs which embarrass, Ammunitions or Explosives (PD
humiliate, and degrade his/her personality and 1866, as amended
dignity
Note: Provided that such acts:
4. Compelling the child to perform involuntary 1. Sow and create a condition of widespread
servitude in any and all forms under any and all and extraodinary fear and panic among the
instances. (Sec. 61) populace
2. Coerce the government to give in to an
unlawful demand. (Sec. 3)
F. Human Security Act of 2007 (R.A. 9372)
2. Persons who conspire to commit the crime of
Q: What are the punishable acts of terrorism?
terrorism.
A:
Q. Who may be liable under R.A. 9372?
1. Any person who commits an act punishable
A: The crime of terrorism is committed by any
under any of the following provisions of the:
person who engages in any of the following acts
punishable under the RPC and other special laws.
a. RPC: Provided, that such acts sows and creates a
i. Piracy in General and Mutiny in the High condition of widespread and extraordinary fear and
Seas or in the Philippine Waters panic among the populace and to coerce the
(Art.122) ii. Rebellion or government to give in to an unlawful demand.
Insurrection (Art.134) (Sec.
iii. Coup d' etat, 3)
including acts committed by
private persons (Art.

226 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
 BOOK 2: Crimes Against Liberty and Security

Note: If the person killed, tortured or raped is not the

same victim of kidnapping or detention, the crimes
may be complexed or be considered as separate
offenses.

Q: Is it necessary that the victim be placed in an

enclosure?

A: No. It may consist not only in placing a person in

an enclosure but also in detaining him or depriving
him in any manner of his liberty.

Note: The crime is committed when the offender left

the child in the house of another, where the child had
freedom of locomotion but not the freedom to leave it
IX. CRIMES AGAINST LIBERTY AND SECURITY at will because of his tender age. (People v. Acosta, 60
O.G. 6999)
KIDNAPPING AND SERIOUS ILLEGAL DETENTION
(Art. 267) Although the victim may have at the inception
consented to go with the offender to a place but the
Q: What are the elements of this crime? victim is thereafter prevented, with the use of force,
from leaving the place where he was brought to with
A: his consent and is detained against his will, the
offender is guilty of kidnapping and serious illegal
1. Offender is a private individual who is not
detention (People v. Picker, G.R. No. 120409, Oct. 23,
any of the parents of the victim
2003).
2. He kidnaps or detains another, or in any
other manner deprives the latter of his
Q: What are the distinctions between kidnapping
liberty
and slight illegal detention?
3. Act of detention or kidnapping must be
illegal
4. In the commission of the offense, any of A:
the following circumstances is present: SLIGHT ILLEGAL
KIDNAPPING
a. Kidnapping or detention lasts for DETENTION
more than 3 days One is restrained of his
b. It is committed simulating public Its essence is transporting liberty without
authority the offended party from necessarily transporting
c. Any serious physical injuries are one place to another. him from one place to
inflicted upon the person kidnapped another.
or detained or threats to kill him are The purpose of the
made offender is to extort
A person is transported
ransom either from the
d. The person kidnapped or detained is not for ransom.
victim or from any other
a minor, female, or a public officer.
person.

Q: What is the essence of this crime?

Q: If a person is transported from one place to
another, what crimes may be possibly committed?
A: The essence of this offense is the actual
deprivation of the victim’s liberty coupled with the
intent of the accused to effect it. There must be A:
indubitable proof that the actual intent of the 1. Forcible abduction – If a woman is
malefactor was to deprive the offended party of transported from one place to another by
liberty. The restraint however need not be virtue of restraining her of her liberty and
permanent. (People v. Pavillare, G.R. No. 129970, that act is coupled with lewd designs.
Apr. 5, 2000)
2. Kidnapping with serious illegal detention
– If a woman is transported just to
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 227
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

restrain her liberty. There is no lewd No. 49430, Mar. 30, 1982).
design or intent.
Q: What is the main distinction between illegal
3. Grave coercion – If a woman is carried detention and arbitrary detention?
away just to break her will, to compel her
to agree to demand or request by the A:
offender.

Illustration:
If the victim was not kidnapped or taken away but was
restrained and deprived of his liberty, like in the case
of a hostage incident where the accused, who was one
of the occupants of the house, grabbed a child, poked
a knife on the latter’s neck, called for media people
and demanded a vehicle from the authorities which he
could use in escaping, as it turned out that there was
an unserved arrest warrant against him, the proper Q: What special complex crimes may arise in
charge is Serious illegal detention (without kidnapping kidnapping?
anymore) but likewise under Art.267 of the RPC.
A:
Q: What are the circumstances which qualify the 1. Kidnapping with homicide
crime of kidnapping and serious illegal detention? 2. Kidnapping with rape
3. Kidnapping with physical injuries
A: Death penalty shall be imposed in the following:
Q: How is the term homicide in the last paragraph
1. If the purpose of the kidnapping is to of Art. 267 construed?
extort ransom.
A: Homicide is used in the generic sense and
2. When the victim is killed or dies as a includes murder because the killing is not treated
consequence of the detention. as a separate crime but a qualifying circumstance.
Q: Suppose a group of men kidnapped 3 Chinese
3. When the victim is raped. children for the purpose of extorting ransom from
their parents. Because the parents of the
4. When the victim is subjected to torture kidnapped victims were not able to meet the
or dehumanizing acts. conditions by the kidnappers, they killed the
victims. What is/are the crime/s committed by the
Note: If the victim is a woman or a public officer, the kidnappers?
detention is always serious no matter how short the
period of detention is. A: The crime is kidnapping with homicide. As such,
it is a single indivisible offense and not a complex
Q: What is the crime if a 3‐year old boy was crime. Regardless of the number of persons killed
kidnapped, gagged and hidden in a box where it who are necessarily the kidnapped victims, there is
died and offender asked for ransom? one crime only of kidnapping with homicide.

A: The demand for ransom did not convert the Illustration:

offense from murder to kidnapping. The defendant
was well aware that the child would be suffocated Where after taking the victim with her car, the
to death in a few moments after she left. The accused called the house of the victim asking for
demand for ransom is only a part of the diabolic ransom but upon going to their safehouse saw
scheme of the defendant to murder the child, to several police cars chasing them, prompting them
conceal his body and then demand money before to kill their victim inside the car, there were two
the discovery of the cadaver. (People v. Lora, G.R. crimes committed – kidnapping for ransom and
murder, not a complex crime of kidnapping with
ARBITRARY murder as she was not taken or carried away to be
ILLEGAL DETENTION
DETENTION killed, killing being an afterthought. (People v.
CRIMINALCommitted
LAW TEAM: by a private Committed by a public
person who kidnaps, detains officer who detains a

5
ADVISERwithout
person : JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
legal
or otherwise deprives
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
grounds.
another of his liberty.
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
Crime against the
8
SAIPUDIN , ADRIAN VALBUENA
Crime is against personal
fundamental law of
liberty and security.
the State.
6
BOOK 2: Crimes Against Liberty and Security

Evanoria, 209 SCRA 577) A: Qualify.

Q: In kidnapping with homicide, would it make 1. If it is serious illegal detention, the

any difference if the killing was purposely sought voluntary release has no effect on the
or criminal liability of the offenders.
was merely an after thought?
2. If it is slight illegal detention, the
A: No. Regardless of whether the killing was voluntary release will mitigate the
purposely sought or was merely an afterthought, criminal liability of the offenders.
the kidnapping and the homicide or murder are not
treated as separate crimes nor can they be 3. In kidnapping for ransom, voluntary
complexed under Art. 48 but shall be punished as a release will not mitigate the crime.
special complex crime.
Q: What is a ransom?
Q: Suppose the persons killed on the occasion of
kidnapping are other persons, not the victims A: A ransom is the money, price or consideration
themselves, what is/are the crime/s committed? paid or demanded for the redemption of a
captured person or persons, the payment of which
A: Two separate crimes of murder or homicide and releases them from captivity. This is true even
kidnapping. The killing would be treated as a though what is being demanded is due to the
separate crime. offender such as
debt or rent.
Q: Suppose the taking of the victim is only
incidental to the basic purpose to kill, what is the Note: The ransom is merely a qualifying circumstance
crime committed? and no matter how short the detention and
kidnapping is, the crime is still committed because
A: The crime is only murder not the special complex ransom is not an element of kidnapping.
crime of kidnapping with homicide because the
primordial intent is to kill the victim and the Q: What are the distinctions between kidnapping
deprivation of liberty is merely incidental thereto. with rape and forcible abduction with rape?

Q: Suppose the kidnapped victim disappeared, will A:

such disappearance negative criminal liability of because the abduction is
the kidnappers? a necessary means to
commit only the first
A: No, because in kidnapping, the essential element rape, thus the other rape
is deprivation of the victim’s liberty and the incidents will be treated
subsequent disappearance of the victim will not as separate crimes.
exonerate the accused from prosecution. If rape is merely
If rape was merely
Otherwise, kidnappers can easily avoid punishment attempted, there is only
attempted, 2 separate
by the simple expedient of disposing of their forcible abduction, the
crimes are committed‐
victim’s bodies. attempt to rape is
kidnapping and serious
deemed merely a
illegal detention and
Q: What is the effect of the voluntary release of manifestation of lewd
attempted rape.
the victim on the criminal liability of the designs.
kidnappers?
Q: What distinguishes kidnapping for ransom from
robbery, insofar as the delivery of money to the
FORCIBLE ABDUCTION
KIDNAPPING WITH RAPE offenders is concerned?
WITH RAPE
The crime is complex
The crime is composite or A:
under Art. 48 since
a special complex crime if KIDNAPPING FOR
forcible abduction is a ROBBERY
the woman kidnapped is RANSOM
necessary means to
also raped.
commit the rape. Ransom is paid in The motive of the
There is no lewd design There is lewd design.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS
Rape is not a separate
Rape is treated as a
V
crime but merely a
qualifying
ICE CHAIRS Fcircumstance.
separate crime.
OR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 229
Even
VICE Cif there are multiple If there are multiple
HAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
rapes, there isVonly one rapes, only
ICE CHAIRS FOR LAYOUT AND one
DESIGN rape
: EARL shall
LOUIE M. MASACAYAN & THEENA C. MARTINEZ
crime of kidnapping with be complexed with
rape. forcible abduction
 UST GOLDEN NOTES 2011

offenders is not to restrain Note: Arrest or detention refers to

exchange for the or deprive the victim of warrantless arrest.
offended party’s liberty. his liberty but to divest
him of his valuables. Note: In unlawful arrest, the detention is only
incidental.
Q: What sets kidnapping apart from forcible
abduction? Generally, this crime is committed by incriminating
innocent persons by the offender’s planting evidence
to justify the arrest – a complex crime results – that is
A:
unlawful arrest through incriminatory machinations
KIDNAPPING FORCIBLE ABDUCTION under Article 363.
At the outset, the
At the outset, the taking
intention of the offender Q: Who may be held liable under this article?
of the victim is coupled
is merely to detain the
with lewd designs.
victim.
A: Offender is any person, whether a public officer
or a private individual. However, the public officer
SLIGHT ILLEGAL DETENTION must not be vested with the authority to arrest or
(Art. 268) detain a person or must not act in his official
capacity. Otherwise, Art.124 is applicable and not
Q: What are the elements of this crime? Art. 269.

A: Q: What is the essence of the crime of unlawful

1. Offender is a private individual arrest?
2. He kidnaps or detains another, or in any
other manner deprives him of his liberty A: The arrest must be made for the purpose of
3. Act of kidnapping or detention is illegal delivering the person arrested to the proper
4. Crime is committed without the authorities but it was made without any reasonable
attendance of any of the circumstances grounds therefore.
enumerated in Art. 267
Q: Is there a period of detention fixed by law?
Q: In cases of kidnapping, what is the liability of
the person who furnished the place where the A: None. What is controlling is the motive of the
victim is being held? offender.

A: The person has the same liability as the principal Q: What variant crimes are committed if a person
although said person generally acts as is arrested and/or detained?
an accomplice.
A:
Note: When the victim is female the detention is
1. If the arrest is made without a warrant
under Art. 267, voluntarily release is not mitigating.
and under circumstances not allowing a
warrantless arrest, the crime would be
UNLAWFUL ARREST
unlawful arrest.
(Art. 269)
2. If the person arrested is not delivered to
Q: What are the elements of unlawful arrest?
the authorities, the private individual
making the arrest incurs criminal liability
A:
for illegal detention under Art.267 or 268.
1. Offender arrests or detains
another person
3. If the offender is a public officer, the
2. Purpose of the offender is to deliver him
crime is arbitrary detention under Article
to the proper authorities
124.
3. Arrest or detention is not authorized by
law or there is no reasonable ground
4. If the detention or arrest is for a legal
thereof
ground, but the public officer delays

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Liberty and Security

delivery of the person arrested to the

proper judicial authorities, the crime is A:
delay in the delivery of detained persons
under Article 125.

Q: What are the distinctions between Delay in the

Delivery of Detained Persons and Unlawful
Arrest?

A:
DELAY IN THE DELIVERY
UNLAWFUL ARREST
OF DETAINED PERSONS
Detention is for some Detention is not
legal ground authorized by law
Note: Kidnapping and failure to return a minor is
Crime is committed by
necessarily included in Kidnapping and Serious Illegal
failing to deliver such Committed by making an
person to the proper Detention of Minor.
arrest not authorized by
judicial authority within law
a certain period INDUCING A MINOR TO ABANDON HIS HOME
(Art.271)
KIDNAPPING AND FAILURE TO RETURN A MINOR
(Art. 270) Q: What are the elements of this crime?

Q: What are the elements of this crime? A:

1. A minor (whether over or under 7 years
A: of age) is living in the home of his parents
1. Offender is entrusted with the custody of or guardian or the person entrusted with
a minor person (whether over or under 7 his custody.
years but less than 21 years of age) 2. Offender induces said minor to abandon
2. He deliberately fails to restore the said such home.
minor to his parents or guardians.
Note: Inducement must be actual, committed with
criminal intent, and determined by a will to cause
Note: What is actually punishable is not the
damage. The minor should not leave his home of his
kidnapping of the minor but rather the deliberate
own free will. It is not necessary that the minor
failure or refusal of the custodian of the minor to
actually abandons the home.
restore the latter to his parents or guardian. Said
failure or refusal must not only be deliberate but must
also be persistent as to oblige the parents or Q: What is the rationale for penalizing the crime of
guardians of the child to seek the aid of the courts in inducing a minor to abandon his home?
order to obtain custody.
A: This article is intended to discourage and prevent
If any of the foregoing elements is absent, the disruption of filial relationship and undue
kidnapping of the minor will then fall under Article 267 interference with the parents’ right and duty to the
(kidnapping and serious illegal detention). custody of their minor children and to rear them.

If the accused is any of the parents, Article 267 does Illustration:

not apply. Articles 270 and 271 will apply.
Father or mother may commit crimes under Arts.270
Q: What is the main distinction between and 271 such where the father and mother are living
kidnapping and serious illegal detention and separately, and the custody of the minor child has
kidnapping and failure to return a minor? been given to one of them, the other parent who
KIDNAPPING AND KIDNAPPING AND kidnaps such minor child from the one having the
lawful custody of said child or induces such minor to
SERIOUS ILLEGAL FAILURE TO RETURN A
leave his home is liable.
DETENTION MINOR
Offender is not
Offender is entrusted with
Aentrusted with
CADEMICS CHAIR : LESTERthe
JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS
the custody of the minor
custody of the victim
V What is punished is the
ICE CHAIRS FOR ACADEMICS: KAREN JOY G.
SABUGO & JOHN HENRY C. MENDOZA
deliberate failure of 231
VIllegally detaining
ICE CHAIR FOR or AND FINANCE: JEANELLE C.having
ADMINISTRATION the offender LEE the Facultad de Derecho Civil
kidnapping theVICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIEto
minor custody of the minor M. MASACAYAN & THEENA C. MARTINEZ
restore him to his parents
or guardian
 UST GOLDEN NOTES 2011

Note: Mitigated if committed by the father or mother SLAVERY ILLEGAL DETENTION

of the victim. The purpose for the The purpose is to deprive or
detention is to enslave restrain the offended party
Q: What is the main distinction between the offended party. of his liberty.
kidnapping and serious illegal detention and
inducing a minor to abandon his home? Note: In both, the offended party is detained.
EXPLOITATION OF CHILD LABOR
A: (Art. 273)
KIDNAPPING AND INDUCING A MINOR TO
SERIOUS ILLEGAL ABANDON HIS HOME Q: What are the elements of this crime?
DETENTION (ART. 267) (ART. 271)
Parents can commit this A:
Cannot be committed by
crime against their own 1. Offender retains a minor in his service
the parents of the minor.
children.
2. It is against the will of the minor
SLAVERY
(Art. 272) 3. It is under the pretext of reimbursing
himself of a debt incurred by an
Q: What are the elements of Slavery? ascendant, guardian or person entrusted
with the custody of such minor.
A:
1. That the offender purchases, sells, Note: Indebtedness is not a ground for detention.
kidnaps or detains a human being.
2. That the purpose of the offender is to SERVICES RENDERED UNDER COMPULSION IN
enslave such human being. PAYMENT OF DEBT
(Art. 274)
Q: Is there any qualifying circumstance?
Q: What are the elements of this crime?
A: Yes, such as when the purpose of the offender is
to assign the offended party to some immoral A:
traffic. E.g. Prostitution 1. Offender compels a debtor to work for
him, either as household servant or farm
Q: Is obliging a person to render service to one laborer
whom he is indebted without remuneration and
to remain there as long as the debt is paid 2. It is against the debtor’s will
constitutes slavery?
3. The purpose is to require or enforce the
A: Yes. The purpose must be determined. If the
payment of a debt.
purpose is to enslave the victim, it is slavery;
otherwise, it is kidnapping or illegal detention.
Note: If there is no creditor‐debtor relationship
between the offender and the offended party,
Q: What is the main distinction between slavery coercion is committed.
and white slave trade?
SERVICES RENDERED
A: EXPLOITATION OF CHILD UNDER COMPULSION IN
SLAVERY WHITE SLAVE TRADE LABOR (ART. 273) PAYMENT OF DEBT (ART.
274)
The offender is not The offender is engaged in
engaged in prostitution. prostitution. Does not distinguish
Victim is a minor whether victim is a minor
distinguished from illegal or not
Q: How is slavery
Minor is compelled to
detention? Debtor himself is the one
render services for the
compelled to work for the
supposed debt of his
offender
A: parent or guardian
Service of minor is not
CRIMINAL LAW TEAM: Limited to household and
limited to household and
farm work
farm work

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
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BOOK 2: Crimes Against Liberty and Security

be uninhabited if possibility of receiving assistance

Q: What distinguishes Art. 274 from Art. 273? is remote.

A: Q: Suppose the accident (under the second form

of abandonment) is due to reckless imprudence or
simple negligence, for what crime shall the
ABANDONMENT OF PERSONS IN DANGER AND offender be prosecuted?
ABANDONMENT OF ONE’S OWN VICTIM
(Art. 275) A: If the accident is due to reckless imprudence or
Q: What are the punishable acts? simple negligence, Art. 365 will govern. The last
paragraph thereof on abandonment of one’s victim
A: is a qualifying circumstance and therefore must be
1. Failing to render assistance to any person alleged in the information.
whom the offender finds in an
uninhabited place wounded or in danger If the fact of abandonment in the information for
of dying when he can render such reckless or simple negligence is alleged, the
assistance without detriment to himself, accused will still be liable for prosecution under
unless such omission shall constitute a Art.275 (2).
more serious offense.
ABANDONING A MINOR
Elements: (Art. 276)
a. The place is not inhabited
b. Accused found there a person Q: What are the elements of this crime?
wounded or in danger of dying
c. Accused can render assistance A:
without detriment to himself 1. Offender has the custody of the child
d. Accused fails to render assistance 2. Child is under 7 years of age
3. He abandons such child
2. Failing to help or render assistance to 4. He has no intent to kill the child when the
another whom the offender has latter is abandoned
accidentally wounded or injured.
Q: What kind of abandonment is contemplated by
Note: The character of law?
the place is
immaterial. A: The abandonment contemplated by law is not
the momentary leaving of a child but the
3. Failing to deliver a child under seven (7) abandonment of such minor that deprives him of
years of age whom the offender has the care and protection from danger to his person.
found abandoned, to the authorities or to
his family, or failing to take him to a safe Q: Suppose there was intent to kill on the part of
place. the offender and the child dies, what is the crime?

Note: It is immaterial that the offender did A: The crime would be murder, parricide, or
not know that the child is under 7 years. infanticide, as the case may be. If the child does not
die, it is attempted or frustrated murder, parricide
The child under 7 years of age must be or infanticide, as the case may be.
found in an unsafe place.
Note: Intent to kill cannot be presumed from the
Q: What is an uninhabited place? death the child. The ruling that intent to kill is
conclusively presumed from the death of the victim is
A: An uninhabited place is determined by possibility applicable only to crimes against persons and not to
of person receiving assistance from another. Even if crimes against security, particularly the crime of
there are many houses around the place may still abandoning a minor under Art.276.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 233
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

If the intent in abandoning the child is to lose its civil

status, the crime under Art.347 (concealment or Note: Failure to give education must be due to
abandonment of a legitimate child) is committed. deliberate desire to evade such obligation.

A permanent, conscious and deliberate abandonment Q: What are the distinctions between
is required in this article. There must be an Abandonment of Minor by Person Entrusted with
interruption of the care and protection that a child his Custody; Indifference of Parents (Art.277) and
needs by reason of his tender age. Abandoning a Minor (Art.276)?

Q: What are the qualifying circumstances? A:

ABANDONMENT OF
A: MINOR BY A PERSON
1. When death of the minor resulted from ABANDONING A
ENTRUSTED WITH HIS
such abandonment. MINOR (ART. 276)
CUSTODY; INDIFFERENCE
2. If life of the minor was in danger because OF PARENTS (ART. 277)
of the abandonment.
The custody of the
The custody of the
offender is specific, that is,
Note: If the offender is the parent of the minor who is minor is stated in
the custody for the rearing
abandoned, he shall be deprived of parental authority. general.
or education of the minor.
Minor is under 18 years of Minor is under 7 years
age. of age.
Minor is abandoned in
ABANDONMENT OF MINOR BY A PERSON
Minor is delivered to a such a way as to deprive
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE
public institution or other him of the care and
OF PARENTS (Art.277)
person. protection that his
tender years need.
Q: What are the elements of the crime of
abandonment of minor by one charged with the
EXPLOITATION OF MINORS
rearing or education of said minor?
(Art.278)
A:
Q: What are the punishable acts?
1. Offender has charge of the rearing of
education of a minor
A:
1. Causing any boy or girl under 16 to
2. He delivers said minor to a public
perform any dangerous feat of balancing,
institution or other persons
physical strength or contortion, the
offender being any person
3. One who entrusted such child to the
offender has not consented to such act;
2. Employing children under 16 years of age
or if the one who entrusted such child to
who are not the children or descendants
the offender is absent, the proper
of the offender in exhibitions of acrobat,
authorities have not consented to it
gymnast, rope walker, diver, or wild
animal tamer, the offender being an
Q: What are the elements of the crime of
acrobat, etc., or circus manager or person
Indifference of Parents?
engaged in any of said callings
A:
3. Employing any descendant under 12
1. Offender is a parent
years of age in dangerous exhibitions
enumerated in the next preceding
2. He neglects his children by not giving paragraph, the offender being engaged in
them education any of the said callings.

3. His station in life requires such education 4. Delivering a child under 16 years of age
and his financial condition permits it gratuitously to any person if any of the
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
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BOOK 2: Crimes Against Liberty and Security

callings enumerated in paragraph 2, or to Q: Correlate exploitation of minors to R.A. 7610

any habitual vagrant or beggar, the (Special Protection of Children against Child
offender being an ascendant, guardian, Abuse, Exploitation and Discrimination Act).
teacher or person entrusted in any
capacity with the care of such child. A:
EXPLOITATION MINORS R.A. 7610
5. Inducing any child under 16 years of age Applies to minors below Applies to minors below
to abandon the home of its ascendants, 16 years of age 18 years old
guardians, curators or teachers to follow
As long as the
any person entrusted in any of the The business is of such employment is inimical –
callings mentioned in paragraph 2 or to kind that would place the even though there is no
accompany any habitual vagrant or life or limb of the minor physical risk – and
beggar, the offender being any person. in danger, even though detrimental to the child’s
working for him is not interest – against moral,
Note: Age must be below 16 years. At this age, the against the will of the intellectual, physical, and
minor is still growing. minor. mental development of
the minor.
Q: What kind of business does Art.278 speak of? If the child fell and
suffered physical injuries
A: Art.278 contemplates a business that generally while working, the
attracts children so that they themselves may enjoy employer shall be liable No such similar provision
working there unaware of the danger to their own for said physical injuries exists under R.A. 7610.
lives and limb, such as circuses. in addition to his liability
for exploitation of
minors.
Q: Suppose the employer is the parent or
ascendant of the child who is already 12 years of
age, is there a crime of exploitation of minors? Q: Does the criminal liability for neglect of child
under Art.59 (4) of P.D. 603 attach only if both
parents are guilty of neglecting the child’s
A: The crime of exploitation of minors is not
committed if the employer is a parent or ascendant education?
unless the minor is less than 12 years old.
A: No. The law is clear. The crime may be
Ratio: Because if the employer is an ascendant, the committed by any of the parents. Liability for the
law regards that he would look after the welfare and crime does not depend on whether the parent is
protection of the child. Hence, the age is lowered to also guilty of neglect. The law intends to punish the
12 years. Below that age, the crime is committed. neglect of any parent, which neglect corresponds
to the failure to give the child the education which
Q: What are the distinctions between Exploitation the family’s station in life and financial condition
of Minors (Art.278, Par.5) and Inducing a Minor to permit. The irresponsible parent cannot exculpate
Abandon his Home (Art.271)? himself from the consequences of his neglect by
invoking the other parent’s faithful compliance
A: with his or her own parental duties. (de Guzman v.
Perez,
INDUCING A
EXPLOITATION OF MINORS G.R. No. 156013, July 25, 2006)
MINOR TO
(ART. 278, PAR. 5)
ABANDON HIS
HOME (ART.271) Note: The neglect of child punished under Art. 59(4) of
P.D. 603 is also a crime (known as indifference of
The purpose of inducing the
parents) penalized under the second paragraph of
minor to abandon the home is to Art.277 of the RPC (De Guzman v. Perez, G.R. No.
No such person.
follow any person engaged in any 156013, July 25, 2006). Hence, it is excluded from the
of the callings mentioned. coverage of R.A. 7610.
Victim is a minor
Victim is under 16 years of age. (under 18 years of ADDITIONAL PENALTIES FOR OTHER OFFENSES
age) (Art.279)

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 235
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Note: The offender is not only liable for the occupant.

abandonment or exploitation but also for all its
consequences. If as a result, physical injuries or death Q: Cite examples of trespass by means of violence.
resulted, another crime is committed by authority of
Article 279.
A:
1. Pushing the door violently and
QUALIFIED TRESPASS TO DWELLING maltreating the occupants after entering
(Art. 280)
2. Cutting of a ribbon string with which the
Q: What are the elements of this crime? door latch of a closed room was fastened.
The cutting of the fastenings of the door
A: was an act of violence
1. Offender is a private person
2. He enters the dwelling of another 3. Wounding be means of a bolo, the owner
3. Such entrance is against the latter’s will of the house immediately after entrance

Q: What is a dwelling? Q: Give examples of trespass by means of

intimidation.
A: A dwelling is a place that a person inhabits or
any building or structure exclusively devoted for A:
rest and comfort. Whether a building is a dwelling 1. Firing a revolver in the air by persons
house or not depends upon the use. It includes the attempting to force their way into a
dependencies which have interior communication house.
with the house. It is not necessary that it be a
permanent dwelling of a person.
2. The flourishing of a bolo against inmates
of the house upon gaining an entrance.
E.g.
1. A person’s room in a hotel
Note: There must be an opposition on the part of the
2. A room where one resides as a boarder
owner of the house to the entry of the accused.
Prohibition is not necessary when violence or
Note: In general, all members of the household must intimidation was employed by the offender.
be presumed to have authority to extend an invitation
to enter the house.
Q: What are the various crimes that may be
committed when a person trespasses a dwelling?
Q: What is meant by the phrase “against the
will”?
A:
1. If the purpose in entering the dwelling is
A: Against the will means that the entrance is
not shown, trespass is committed.
either
expressly or impliedly prohibited.
2. If the purpose is shown, it may be
absorbed in the crime as in robbery with
Q: What are some of the instances where
force upon things, the trespass yielding to
prohibition to enter a dwelling is implied or
the more serious crime.
presumed?

3. But if the purpose is not shown and while

A:
inside the dwelling he was found by the
1. Entering a dwelling of another at late
occupants, one of whom was injured by
hour of the night
him, the crime committed will be trespass
to dwelling and frustrated homicide,
2. When the entrance is made through
physical injuries, or if there was no injury,
means not intended for ingress

3. The existence of enmity or strained

relations between the accused and the

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Liberty and Security

unjust vexation. A:

Q: May trespass to dwelling be committed by the

owner of the house?

A: Yes. In cases where the owner has allowed the

rooms or the houses to be rented by other persons,
trespass to dwelling is committed if the owner
thereof enters the room or house without the
knowledge and consent and against the will of the
boarder or tenant.

Q: Under what circumstances the crime of

trespass to dwelling is not committed?

A:
1. When the purpose of the entrance is to
prevent serious harm to himself, the
occupant or third persons.

2. When the purpose of the offender in

entering is to render some service to
humanity or justice.
Note: When there is no overt act of the crime
intended to be committed (e.g. theft), the crime is
3. Anyone who shall enter cafes, taverns,
trespass to dwelling.
inns and other public houses while they
are open.
OTHER FORMS OF TRESPASS TO DWELLING
(Art.281)
Q: What are the distinctions between trespass to
dwelling and violation of domicile?
Q: What are the elements of this crime?
TRESPASS TO
VIOLATION OF DOMICILE
DWELLING A:
May be committed only by a 1. Offenders enter the closed premises or
public officer or employee the fenced estate of another.
and the violation may consist
of any of the three acts
Note: The term premises signifies distinct
mentioned in Article 128:
and definite locality. It may mean a room,
shop, building or definite area, but in either
1. Entering the
case, locality is fixed.
dwelling against
the will of the owner
May be committed by 2. Entrance is made while either of them is
without judicial order
any private person
uninhabited.
who shall enter the
2. Searching papers
dwelling of another
or other effects found in 3. Prohibition to enter is manifest.
against the latter’s
such dwelling without the
will. previous consent of the
4. Trespasser has not secured the
owner thereof
permission of the owner or the caretaker
thereof.
3. Refusing to leave
the dwelling when so
requested by the owner Q: What are the distinctions between trespass to
thereof, after having dwelling and trespass to property?
surreptitiously
entered such dwelling. A:

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 237
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

necessary that the offended party was present at the

TRESPASS TO time the threats were made.
TRESPASS TO PROPERTY
DWELLING
Offender is a private Q: What is a threat?
Offender is any person.
person.
A: Threat is a declaration of an intention or
Offender enters a Offender enters closed
determination to injure another by the commission
dwelling house. premises or fenced estate.
upon his person, honor or property or upon that of
Place entered is
Place entered is uninhabited. his family of some wrong which may or may not
inhabited.
amount to a crime.
Act constituting the crime is
Act constituting the
entering the closed premises GR: The threats made in connection with the
crime is entering the
or the fenced estate without
dwelling against the commission of the crime are absorbed by the
securing the permission of the
will of the owner. latter.
owner or caretaker thereof.
Prohibition to enter Prohibition to enter must be
XPN: If the threat was made with the deliberate
is express or implied. manifest.
purpose of creating in the mind of the person
threatened the belief that the threat would be
GRAVE THREATS carried into effect. In such a case the crime is
(Art. 282) grave threats, and the minor crime which
accompanied it should be disregarded.
Q: What are the punishable acts?
Q: What is the difference between Grave Threats
A: and Light Threats?
1. Threatening another with the infliction
upon his person, honor or property or A:
that of his family of any wrong amounting
to a crime and demanding money or
imposing any other condition even
though not unlawful, and the offender
attained his purpose.

2. By making such threat without the Q: What are the distinctions between threat and
offender attaining his purpose. (Elements coercion?
for this act are the same with the first
except that the purpose is not attained.)

3. By threatening another with the infliction A:

upon his person, honor or property or THREAT COERCION
that of his family of any wrong amounting
Essence of threat is Essence of coercion is violence
to a crime, the threat not being subject to
intimidation or intimidation
a condition.
Wrong or harm done There is no condition involved;
is future and hence, there is no futurity in
Q: What is the essence of this crime?
conditional the harm or wrong done
A: Intimidation. To constitute grave threats, it must
inspire terror or fear upon another. It is Q: What are the distinctions between threat and
characterized by moral pressure that produces robbery?
alarm.
A:
Note: Act threatened to be committed must be wrong THREAT ROBBERY
or unlawful. E.g. threatening to sue is not unlawful. Intimidation is future and Intimidation is actual and
conditional. immediate.
It is consummated as soon as the threats come to the Intimidation may be
knowledge of the person threatened. It is not Intimidation is personal.
CRIMINAL LAW TEAM:

GRAVE THREATS LIGHT THREATS

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIAWhen
CARMELLA Bthe wrong
USTONERA , MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
When the wrong threatened toGALLARDO
ALBERT DECLARO, ERIK be, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
threatened to be inflicted inflictedSAIPUDIN, ADRIANdoes
VALBUENA not
amounts to a crime. amount to a
crime.
6
BOOK 2: Crimes Against Liberty and Security

through an intermediary. BONDS FOR GOOD BEHAVIOR

May refer to the person, Refers to personal (Art. 284)
honor or property. property.
Note: The person making the threats under the
Intent to gain is not an
There is intent to gain. preceding articles (grave and light threats) may also be
essential element.
required by the court to give bail conditioned upon
The danger involved is the promise not to molest the person threatened.
The danger to the victim
directly imminent to the
is not instantly imminent
victim and the
nor the gain of the culprit OTHER LIGHT THREATS
obtainment of gain
immediate. (Art. 285)
immediate.

Q: What are the punishable acts under Art. 285?

LIGHT THREATS
(Art.283)
A:
1. Threatening another with a weapon, or
Q: What are the elements of this crime of Light
by drawing such weapon in a quarrel,
Threats?
unless it be in lawful self‐defense. Here,
the
A:
weapon must not be discharged
1. Offender makes a threat to commit a
wrong
2. Orally threatening another, in the heat of
anger, with some harm constituting a
2. The wrong does not constitute a crime
crime, without persisting in the idea
involved in his threat
3. There is a demand for money or that
other condition is composed, even 3. Any threat made in a jest or in the heat of
though anger constitutes light threat only
lawful
4. Orally threatening to do another any
4. Offender has attained or has not attained harm not constituting a felony
his purpose
Q: What is the nature of other light threats?
Note: Light threat is in the nature of blackmailing. The
wrong threatened does not amount to a crime,
A: It is not subject to a demand for money or any
coupled with a demand for money or other
conditions, even though lawful. material consideration and the wrong threatened
does not amount to a crime.

Q: What are the two possible crimes involving GRAVE COERCIONS

blackmailing? (Art. 286)

A: Q: What are the punishable acts?

1. Light threats – If there is no threat to
publish any libelous or slanderous matter A:
against the offended party. 1. Preventing another, by means of
violence, threat or intimidation, from
2. Threatening to publish a libel – If there is doing
such a threat to make a slanderous or something not prohibited by law
libelous publication against the offended
party. 2. Compelling another, by means of
violence, threat or intimidation, to do
E.g. A person threatens to expose the affairs of a something against his will, whether it be
married man if the latter does not give money. There right or wrong
is intimidation done under a demand.
Q: What are the elements of grave coercion?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 239
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

rise to threat or physical injuries, if some injuries

A: are inflicted.
1. A person prevented another from doing
something not prohibited by law, or that However, in case of grave coercion where the
he compelled him to do something offended party is being compelled to do something
against his will, be it right or wrong. against his will, whether it be wrong or not, the
crime of grave coercion is committed if violence or
2. Prevention or compulsion be effected by intimidation is employed in order to compel him to
violence, threats or intimidation. do the act.

3. Person that restrained the will and liberty Q: What distinguishes grave coercion from unjust
of another has no authority of law or the vexation?
right to do so.
UNJUST
Note: Coercion is consummated even if the offended GRAVE COERCION
VEXATION
party did not accede to the purpose of the coercion.
The act of preventing by force
The essence of coercion is an attack on individual The act was
must be made at the time the
liberty. already done
offended party was doing or
when violence is
about to do the act to be
Q: When can there be grave coercion? exerted.
prevented.
A:
A: Grave coercion arises only if the act which the
offender prevented another to do is not prohibited
by law or ordinance.

Q: What are the kinds of grave coercion?

A:
1. Preventive – The offender uses violence
to prevent the victim from doing what he LIGHT COERCION
wants to do. Here, the act prevented is (Art. 287)
not prohibited by law.
Q: What are the elements of light coercion?
2. Compulsive – The offender uses violence
to compel the offended party to do what A:
he does not want to do. The act 1. Offender must be a creditor
compelled may or may not be prohibited 2. He seizes anything belonging to his
by law. debtor
3. Seizure of the thing cannot be
Q: What kind of violence must be employed in accomplished by means of violence or a
grave coercion? display of material force producing
intimidation
A: The violence employed must be immediate, 4. Purpose of the offender is to apply the
actual or imminent. Otherwise, coercion is not same to the payment of the debt
committed. The essence of coercion is an attack on
individual liberty. Note: Light coercion under the 1st par. of Art.287 will
be unjust vexation if the 3rd element (employing
Q: Suppose a person prohibits another to do an violence or intimidation) is absent.
act because the act done is a crime, and violence
and intimidation is employed, is there grave Q: What is the purpose of the law for penalizing
coercion? coercion and unjust vexation?

A: No, because the act from which a person is A: To enforce the principle that no person may take
prevented from doing is a crime. It may only give the law into his hands and that our government is

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Liberty and Security

one of laws, not of men. Elements:

a. Offender pays the wages due a
Q: When the property of a debtor is seized, what laborer or employee employed by
variant crimes may result? him by means of tokens or object
b. Those tokens or objects are other
A: than the legal currency of the
1. Light coercion – If by means of violence, Philippines
the property is applied to the debt. c. Such employee or laborer does not
expressly request that he be paid by
2. Robbery – If the value of the property means of tokens or objects
seized is greater than that of the debt
(intent to gain is present in this case) and Note: The use of tokens, promissory notes, vouchers,
violence and intimidation are employed. coupons, or any other form alleged to represent legal
tender is absolutely prohibited even when expressly
requested by the employee.
3. Estafa – If there is no obligation on the
part of the offended party but was only
Inducing an employee to give up any part of his wages
feigned. There is estafa because deceit is
by force, stealth, intimidation, threat or by any other
employed.
means is unlawful under Art. 116 of the Labor Code,
and not under the RPC.
COMPULSORY PURCHASE OF MERCHANDISE
AND FORMATION, MAINTENANCE, AND PROHIBITION
PAYMENT OF WAGES BY MEANS OF TOKENS OR COMBINATION OF CAPITAL OR LABOR
(Art. 288) THROUGH VIOLENCE OR THREATS (Art. 289)

Q: What are the punishable acts? Q: What are the elements of this crime?

A: A:
1. Forcing or compelling, directly or 1. Offender employs violence or threats, in
indirectly or knowingly permitting the a degree as to compel or force the
forcing or compelling of the laborer or laborers or employees in the free legal
employee of the offender to purchase exercise of
merchandise or commodities of any kind their industry or work.
from him.
2. Purpose is to organize, maintain or
Elements:
prevent coalitions of capital or labor,
a. Offender is any person, agent or strike of laborers or lockout of employers.
officer of any association or
corporation
Note: The act should not be more serious offense.
b. He or such firm or corporation has Preventing employee from joining any registered labor
employed laborers or employees organization is punished under the Labor Code, not
c. He forces or compels directly or under the RPC.
indirectly, or knowingly permits to
be forced or compelled, any of his or DISCOVERING SECRETS THROUGH SEIZURE OF
its laborers or employees to CORRESPONDENCE (Art. 290)
purchase merchandise or
commodities of any kind from him or Q: What are the elements of this crime?
said firm or corporation
A:
2. Paying the wages due his laborer or 1. Offender is a private individual or even a
employee by means of tokens or objects public officer not in the exercise of his
other than the legal tender currency of official function
the Philippines, unless expressly
requested by such laborer or employee.
2. He seizes the papers or letters of another

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 241
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

3. Purpose is to discover the secrets of such 3. He reveals such secrets

another person
Q: What is the essence of this crime?
4. Offender is informed of the contents of
the papers or letters seized A: The essence of this crime is that the offender
learned of the secret in the course of employment.
Q: What is the nature of this crime? He is enjoying a confidential relation with the
employer or master so he should respect the
A: This is a crime against the security of one’s privacy of matters personal to the latter.
papers and effects. The purpose must be to
discover its effects. The act violates the privacy of REVELATION OF INDUSTRIAL SECRETS
communication. It is necessary that the offender (Art. 292)
should actually discover the contents of the letter.
Q: What are the elements of this crime?
Note: Contents of the correspondence need not be
secret. The purpose of the offender prevails. Prejudice A:
to the offended party is not an element of the offense. 1. Offender is a person in charge, employee
or workman of a manufacturing or
It is not applicable to parents, guardians, or persons industrial establishment
entrusted with the custody of minors with respect to
papers or letters of the children or minors placed
2. Manufacturing or industrial
under the care or custody, or to spouses with respect
establishment has a secret of the industry
to the papers or letters of either of them.
which the offender has learned
Q: Correlate articles 230 (public officer revealing
secrets of private individual) and 290 of the RPC? 3. Offender reveals such secrets
A:
ART. 230 ART. 290 4. Prejudice is caused to the owner
Public officer comes to Offender is a private
know the secret of any individual or even a public Note: The business secret must not be known to other
private individual by officer not in the exercise of business entities or persons. It is a matter to be
reason of his office. his official function discovered, known and used by and must belong to
one person of entity exclusively. Secrets must relate to
It is necessary that the manufacturing process.
The secret is not offender seizes the papers
necessarily contained in or letters of another to
The revelation of the secret might be made after the
papers or letters. discover the secrets of the
employee or workman has ceased to be connected
latter.
with the establishment. Damage or prejudice to the
If there is a secret owner is a necessary element.
Reveals the
discovered, it is not
secret without
necessary that it be A. Anti‐Wire Tapping Act (R.A. 4200)
justifiable reason.
revealed.
Q: What are the acts punishable under R.A. 4200?
REVEALING SECRETS WITH ABUSE OF OFFICE
(Art. 291) A: It shall be unlawful for any person:
1. Not being authorized by all the parties to
Q: What are the elements of this crime? any private communication or spoken
word, to tap any wire or cable, or by
A: using any other device or arrangement,
1. Offender is a manager, employee or to secretly overhear, intercept, or record
servant such communication or spoken word by
using a device commonly known as a
2. He learns the secrets of his principal or dictaphone or dictagraph or
master in such capacity detectaphone or walkie‐talkie or tape

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Liberty and Security

recorder, or however otherwise 1994)

described
B. Human Security Act of 2007 (R.A. 9372)
2. Be he a participant or not in the act or
acts penalized in the next preceding (1) Surveillance of suspects and interception and
sentence, to knowingly possess any tape recording of communications
record, wire record, disc record, or any
other such record, or copies thereof, of Q: Can a police officer or law enforcement official
any communication or spoken word listen or record any communication of a terrorist
secured either before or after the organization of group of persons?
effective date of this Act in the manner
prohibited by this law; or to replay the
A:
same for any other person or persons; or
GR: Yes. A police or police or law enforcement
to communicate the contents thereof,
official and the members of his team may, upon
either verbally or in writing, or to furnish
a written order of the CA, listen to, intercept
transcriptions thereof, whether complete
and record with the use of any mode, form ,
or partial, to any other person.
kind or type of electronic or other surveillance
equipment or intercepting and tracking devices,
Note: That the use of such record or any
or with the use of any suitable ways and means
copies thereof as evidence in any civil,
for that purpose, any communication, message,
criminal investigation or trial of offenses
conversation, discussion, or spoken or written
mentioned in Sec. 3 hereof, shall not be
covered by this prohibition.
words between members of a judicially
declared and outlawed terrorist organization,
association, or group of persons or of any
Q: What are the exceptions to the prohibition?
person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism.
A: If the wiretapping is done by a public officer who
is authorized by written order of the court in cases
Notwithstanding R.A. 4200 (Anti‐Wiretapping
involving the crimes of treason, espionage,
Law)
provoking war and disloyalty in case of war, piracy,
mutiny in the high seas, rebellion, conspiracy and
proposal to commit rebellion, inciting to rebellion, XPN: He cannot conduct surveillance,
sedition, conspiracy to commit sedition, inciting to interception and recording of communications
sedition, kidnapping as defined by the RPC, and between:
violations of C.A. No. 616, punishing espionage and 1. Lawyers and clients
other offenses against national security. 2. Doctors and patients
3. Journalists and their sources
Q: Is listening to a conversation in an extension 4. Confidential business
line of a telephone wire tapping? correspondence. (Sec. 7)

A: No. An extension telephone cannot be placed in

the same category as a dictaphone, dictagraph or (2) Restriction on travel
the other devices under R.A. No. 4200 as the use
thereof cannot be considered as "tapping" the wire Q: When is there restriction on the right to travel?
or cable of a telephone line. (Gaanan v. IAC, G.R.
No. L‐69809, Oct. 16, 1986) A: The court, upon application by the prosecutor,
shall limit the right of travel of the accused to
Q: Are cassette tapes obtained from wiretapped within the municipality or city where he resides or
telephone conversations admissible as evidence? where the case is pending, in the interest of
national security and public safety.
A: No. Under the law, absent a clear showing that
both parties to the telephone conversation allowed 1. In cases where evidence of guilt is not
the recording of the same, the inadmissibility of the strong.
subject tapes is mandatory under RA 4200.
(Salcedo‐Ortanez v. CA, G.R. No. 110662, Aug. 4,
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 243
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. The person charged with the crime of

terrorism or conspiracy to commit b. Gather or cause the gathering of any
terrorism is entitled to bail and is granted relevant information about such
the same. deposits, placements, trust accounts,
assets, and records from a bank or
Note: Travel outside of said municipality or city, financial institution. The bank or
without the authorization of the court, shall be financial institution concerned, shall
deemed a violation of the terms and conditions of his not refuse to allow such examination
bail, which shall then be forfeited as provided under or to provide the desired
the Rules of Court. (Sec. 26) information, when so, ordered by
and served with the written order of
Q: When will the restrictions be terminated? the CA. (Sec. 27)

A: The restrictions shall be terminated: Q: What are the requisites for the application to
examine bank deposits, accounts and records?
1. Upon the acquittal of the accused; or
2. Upon the dismissal of the case filed A:
against him; or 1. Ex parte application to the CA by the
3. Earlier upon the discretion of the court police or law enforcement official
on motion of the prosecutor or of the
accused. 2. The police of law enforcement official
must be authorized in writing by the
(3) Examination of Bank Deposits AntiTerrorism Council to file such
application
Q: Is judicial authorization required to examine
bank deposits, accounts and record? 3. Examination under oath or affirmation of
the applicant and the witnesses he may
A: Yes. Notwithstanding R.A. 1405 (Bank Secrecy produce to establish the facts that will
Law), the justices of the CA designated as a special justify the need and urgency of examining
court to handle anti‐terrorism cases after satisfying and freezing the bank deposits,
themselves of the existence of probable cause in a placements, trust accounts, assets and
hearing called for that purpose that: records. (Sec. 28)

1. A person charged with or suspected of Q: How long shall the court authorization to
the crime of terrorism or, conspiracy to examine and obtain information on bank deposits,
commit terrorism accounts and records be effective?

2. Of a judicially declared and outlawed A:

terrorist organization, association, or 1. The time specified in the written order of
group of persons the CA, which shall not exceed 30 days
from the date of receipt of the written
3. Such person is a member of such order by the applicant police.
judicially declared and outlawed
organization, association, or group of 2. It may be extended for another period
persons, may authorize in writing any which shall not exceed 30 days from the
police or law enforcement officer and the expiration of the original period,
members of his/her team duly authorized provided:
in writing by a. The authorizing division of the CA is
the anti‐terrorism council to: satisfied that such extension is in the
public interest
a. Examine, or cause the examination b. The application for extension or
of, the deposits, placements, trust renewal must have been authorized
accounts, assets and records in a in writing by the Anti‐Terrorism
bank or financial institution; and Council
CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Liberty and Security

c. Such must be filed by the original 4. The application and notice must clearly
applicant. state the reason for opening or using the
information.
Q: In case of death or disability of the original
applicant who should file the application for Q: What is the evidentiary value of deposited
examination of bank deposits? bank materials?

A: The one next in rank to the original applicant A: Any information, data, excerpts, summaries,
among the members of his team shall file the notes, memoranda, work sheets, reports, or
application for extension. documents acquired from the examination of the
bank deposits, placements, trust accounts, assets
The applicant shall have 30 days after the and records shall absolutely not be admissible or
termination of the period granted by the CA within usable as evidence against anybody in any judicial,
which to file the appropriated case before the quasi‐judicial, legislative, or administrative
Public Prosecutor’s Office for any violation of R.A. investigation, inquiry, proceeding or hearing. (Sec.
9372. If no case is filed within the said period, the 35)
applicant shall immediately notify in writing the
person subject of the bank examination and (4) Unauthorized revelation of classified materials
freezing of accounts.
Q: What are classified information?
Q: What shall be done after the expiration of the
period of authorization? A: The following are classified information:

A: All information, data, excerpts, summaries and 1. Written order granted by the authorizing
other documents obtained from the examination of division of the Court of Appeals
the bank deposits, shall within 48 hours after the 2. Order of the Court of Appeals, if any to
expiration of the period fixed in the written order extend or renew the same
be deposited with the authorizing division of the CA 3. The original ex parte application of the
in a sealed envelope of package. (Sec. 31) applicant
4. Application to extend or renew, if any
The sealed envelope or package shall not be 5. The written authorizations of the
opened and its contents shall not be used as AntiTerrorism Council.
evidence unless authorized in a written order of the 6. The sealed envelope or sealed package
authorizing division of CA. (Sec.33) and the contents thereof, which are
deposited with the authorizing division of
Q: What are the requisites in applying for judicial the Court of Appeals
authorization to open the
sealed envelope containing records of bank Q: What is the penalty for the unauthorized
account: revelation of classified materials?

A: A: The penalty of 10 years and 1 day to 12 years of

1. Written application of DOJ filed before imprisonment shall be imposed upon any person,
the authorizing division of CA police or law enforcement agent, judicial officer or
civil servant who, not being authorized by the Court
2. Authorization in writing by the of Appeals to do so, reveals in any manner or form
AntiTerrorism Council to file such any classified information under this Act.
application
C. Anti‐Trafficking in Persons Act of 2003
3. Notice in writing to the party concerned (R.A. 9208)
not later than 3 days before the
scheduled opening Q: What are the punishable acts under R.A. 9208?

A: It shall be unlawful for any person, natural or

juridical, to commit any of the following acts:
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 245
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

1. To recruit, transport, transfer; harbor, provide,

or receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or
debt bondage

CRIMINAL LAW TEAM:

5
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
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6
UST GOLDEN NOTES 2011

2. To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for
under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
3. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or
debt bondage
4. To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of
utilizing and offering persons for prostitution, pornography or sexual exploitation
5. To maintain or hire a person to engage in prostitution or pornography
6. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
7. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person
8. To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.(Sec.4)

CRIMINAL LAW TEAM:

ADVISER: JUDGE RICO SEBASTIAN

X. CRIMES AGAINST PROPERTY (293‐332)

2. Robbery by the use of force upon things
ROBBERY (Art. 299 and 302)
(Art. 293)
Q: What are the elements of robbery in general?
Q: What is robbery?
A:
A: It is the taking of personal property belonging to 1. There is personal property belonging to
another, with intent to gain, by means of violence another
against or intimidation of any person or using force 2. There is unlawful taking of that property
upon anything. 3. Taking must be with intent to gain
4. There is violence against or intimidation of
Q: What are the classes of robbery? any person or force upon anything

A: Note: Where violence or intimidation and force upon

1. Robbery with violence against, or things are both present in the commission of the robbery,
intimidation of persons (Art. 294, 297 and the violence or intimidation is the controlling element.
298) Ratio: Robbery characterized by violence or intimidation

247 D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
SAIPUDIN, ADRIAN VALBUENA
 UST GOLDEN NOTES 2011

against the person is evidently graver than ordinary

robbery committed by force upon things. Q: When should violence and intimidation occur?

Violence or intimidation upon persons may result in death A: Violence or intimidation must be present before the
or mutilation or rape or serious physical injuries. taking of personal property is complete. But when
violence results in homicide, rape intentional
Robberies committed in different houses constitute mutilation or any of the serious physical injuries
separate crimes of robbery. But if the robberies are penalized under Pars. 1 and 2 of Art 263, the taking of
committed upon different victims on the same occasion the personal property is robbery complexed with any
and in the same place only one robbery is committed as
of those crimes under Art. 294, even if the taking was
the robberies are mere incidents of a
already complete when the violence was
single criminal intent.
used by the offender.
Q: Should the person from whom the property
Note: Article 294 applies only where robbery with
was taken be the owner of such? violence against or intimidation of persons takes place
without entering an inhabited house under the
A: No. Legal possession is sufficient circumstances in Article 299. When both circumstances
are present, the offense shall be considered as complex
Q: Is the identity of real owner essential? crime under Art.48 and the penalty shall be for the graver
offense in the maximum period. (Napolis v.CA, G.R. No. L‐
A: 28865, Feb. 28, 1972)
GR: It is not essential so long as the personal
property taken does not belong to the accused. Q: What distinguishes robbery with violence from
grave threats and grave coercion?
XPN: If the crime is Robbery with Homicide
A:
Q: What is the meaning of unlawful taking? ROBBERY
GRAVE
WITH GRAVE COERCION
THREATS
VIOLENCE
A: It means appropriating a thing belonging to another
and placing it under one’s control and There is intent No intent to
No intent to gain
possession. to gain gain
Intimidation is
Promises immediate and
Q: When is unlawful taking complete? Intimidation;
some future offended party is
Immediate
harm or compelled to do
A: harm something against
injury
1. As to robbery with violence against or his will.
intimidation of persons – from the moment
the offender gains possession of the thing
even if the culprit has had no opportunity to
dispose of the same, the
unlawful taking is complete ROBBERY BRIBERY
The victim is deprived of his He parts with his
2. As to robbery with force upon things – the money, property by force or money, in a sense,
thing must be taken out of the intimidation voluntarily
building/premises to consummate the crime

Note: There must be incontrovertible proof that

property was taken from the victim.

Q: What is the presumption of intent to gain?

A: Unlawful taking of personal property.

Note: The element of personal property belonging to

another and that of intent to gain must concur .
Q: Distinguish robbery from bribery.
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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6
BOOK 2: Crimes Against Property

d. Becomes ill or incapacitated for the

A: performance of the work in which he is
habitually engaged for more than
90 days
ROBBERY WITH VIOLENCE AGAINST OR e. Becomes ill or incapacitated for labor
INTIMIDATION OF PERSONS for more than 30 days
(Art. 294)
7. If the violence employed by the offender
Q: What are the punishable acts under Art. 294?
does not cause any of the serious physical
injuries defined in Art.263, or if the
A: offender employs intimidation only.
1. When by reason or on occasion of the
robbery the crime of homicide is
ROBBERY WITH HOMICIDE
committed
(PAR. 1)

2. When the robbery is accompanied by: Q: What is robbery with homicide?

a. Rape
b. Intentional mutilation A: If death results or even accompanies a robbery, the
c. Arson crime will be robbery with homicide provided that the
robbery and the homicide are consummated.
3. When by reason or on occasion of such
robbery, any of the physical injuries resulting The crime of robbery with homicide is a special
in: complex crime or a single indivisible crime. All the
a. Insanity killings are merged in the composite integrated whole
b. Imbecility that is, robbery with homicide. The killings must have
c. Impotency been perpetrated by reason or on the
d. Blindness is inflicted occasion of robbery.

4. When by reason or on occasion of robbery, As long as the homicide resulted, during, or because of
any of the physical injuries resulting in the: the robbery, even if the killing is by mere accident,
a. Loss of the use of speech robbery with homicide is
b. Loss of the power to hear or to smell committed.
c. Loss of an eye, a hand, a foot, an arm or
a leg If aside from homicide, rape or physical injuries are
d. Loss of the use of any of such member also committed by reason or on the occasion of the
e. Incapacity for the work in which the robbery, the rape or physical injuries are considered
injured person is aggravating circumstances in the crime of robbery with
theretofore homicide.
habitually engaged is inflicted
Whenever a homicide has been made a consequence
5. If the violence or intimidation employed in of or on the occasion of a robbery, all those who took
the commission of the robbery is carried to a part as principals in the commission of the crime will
degree clearly unnecessary also be guilty as principals in the special complex crime
for the commission of the crime. of robbery with homicide although they did not
actually take part in the homicide unless it clearly
6. When in the course of its execution, the appeared that they endeavored to prevent the
offender shall have inflicted upon any person homicide.
not responsible for the commission of the
robbery any of the physical injuries in Note: The term homicide is
consequence of which the person injured: used in the generic sense; it
a. Becomes deformed embraces all forms of killing.
b. Loses any other member of his body
c. Loses the use thereof Q: Should there be intent to kill?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 249
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

A: In robbery with Ratio: Robbery with violence

homicide, the law does not or intimidation upon persons
require that the homicide is a separate crime from
be committed with intent robbery with force
to kill, the crime exists even upon things.
though there is no intention
to commit homicide. In robbery with homicide, the
band or uninhabited place is
only a generic aggravating
Q: Should intent to commit
circumstance. It will not
robbery precede the
qualify the crime to a higher
killing?
degree of penalty.

A: Yes. The offender must Q: A, a hired assassin, shot

have the intent to take
B, and when about to leave
personal property before the killing. the scene, saw the watch
of B and forcibly took the
Q: Suppose the victims same. A, with a gun in his
were killed, not for the hand, shot to death B, who
purpose of committing was trying to get back the
robbery and the idea of watch.
taking the money and What crime was committed?
other personal property of
the victims was conceived A: Robbery with homicide.
by the culprits only after
killing; is this a case of
Q: If what A did in the above example was to fire his
robbery with homicide?
gun upward to scare B from pursuing the latter’s
intention to recover the watch, and fatally hit C who
A: No, because the
was watching from his window. What is the crime
intention of the
committed?
perpetrators is really to kill
the victim and robbery
A: Even if the killing is merely incidental, the crime is
came only as an
still robbery with homicide. The crime of robbery with
afterthought. The
homicide requires proof of the following
perpetrators are liable for
elements:
two separate crimes of
robbery and homicide or
murder, as the case may 1. The taking of personal property with
be. violence or intimidation against persons
2. The property taken belongs to another
Note: There is no crime of 3. The taking was done with animo lucrandi
robbery in band with murder 4. On the occasion of the robbery or by reason
or robbery with homicide in thereof, homicide was committed.
band or robbery
with multiple homicides. Well‐entrenched in jurisprudence is the doctrine that
when homicide takes place as a consequence or on the
If on the occasion of the occasion of a robbery, all those who took part in the
robbery with homicide, robbery are guilty as principals in the complex crime of
robbery with force upon robbery with homicide, even if they did not actually
things was also committed, take part in the homicide. The exception is when it is
you will not have only one clearly shown that the
robbery but you will have a accused endeavored to prevent the unlawful killing.
complex crime of robbery
with homicide and robbery
In the case at bar, the lack of direct evidence on how
with force upon things
the homicides were committed matters little. The
circumstantial evidence leaves scant doubt on the part
and participation of the appellants. The well‐settled
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

rule is that as long as homicide resulted during, or ROBBERY WITH RAPE

because of, the robbery, even if the killing is by mere (PAR. 2)
accident, the crime of robbery with homicide is
committed. Q: What is the crime of robbery with rape?

As we repeatedly explain, it is enough that death A: The crime of robbery with rape is a crime against
results by reason or on the occasion of the robbery property which is a single indivisible offense. The rape
inasmuch as it is only the result obtained that is accompanies the robbery. In this case where rape and
necessary, without reference or distinction as to the not homicide is committed, there is only a crime of
circumstances, causes, modes, or persons intervening robbery with rape if both the robbery and the rape are
in the commission of the crime. (People v. Bolinget, consummated.
G.R. Nos. 137949‐52, Dec. 11, 2003)
If during the robbery, attempted rape were
Q: Is there a crime of robbery with multiple committed, two separate crimes of robbery and
homicide? attempted rape would be committed.

A: There is no crime of robbery with multiple homicide Q: Does the criminal intent to gain precede the
under the RPC. The crime is robbery with homicide intent to rape?
notwithstanding the number of homicides committed
on the occasion of the robbery and even if murder, A: Yes. The law does not distinguish whether rape was
physical injuries and rape were also committed on the committed before, during or after the robbery. It is
same occasion. (People v. Hijada, enough that the robbery accompanied the rape.
G.R. No. 123696, Mar. 11, 2004) Robbery must not be a mere accident or
afterthought.
Q: Jervis and Marlon asked their friend, Jonathan, to
help them rob a bank. Jervis and Marlon went inside Illustration:
the bank, but were unable to get any money from
the vault because the same was protected by a time‐ Where 6 accused entered the house of the offended
delay mechanism. They contented themselves with party, brandishing firearms and knives and after
the customers' cellphones and a total of P5,000 in ransacking the house for money and jewelry, brought the
cash. After they dashed out of the bank and rushed offended party out of the house to a grassy place where
into the car, Jonathan pulled the car out of the curb, she was ordered to undress and although she was able to
hitting a pedestrian which resulted in the latter's run away, was chased and caught, and thereafter raped
death. What crime or by all of the accused, the latter committed robbery with
crimes did Jervis, Marlon and Jonathan commit? rape. (People v. Villagracia,
226 SCRA 374)
A: Assuming the acts were attended by the use of
force and intimidation in robbing the bank, Jonathan, However, if the 2 crimes were separated both by time and
space, there is no complex crime of Robbery with
Marlon and Jervis committed the special complex
Rape.
crime of attempted robbery with homicide. The
subsequent running over of the pedestrian in the
course of their escape was by reason or on occasion Q: Together XA, YB and ZC planned to rob Miss OD.
of the robbery, therebv qualifying the crime as They entered her house by breaking one of the
attempted robbery with homicide. Having acted in windows in her house. After taking her personal
conspiracy with Jervis and Marlon, Jonathan should properties and as they were about to leave, XA
also be charged with decided on impulse to rape OD. As XA was molesting
attempted robbery with homicide. her, YB and ZC stood outside the door of her
bedroom and did nothing to prevent XA from raping
OD. What crime or crimes did XA, YB and ZC commit,
On the other hand, the taking of the cellphones and
and what is the criminal
P5,000.00 from the customers are the separate acts
of Jervis and Marlon, and do not involve Jonathan as it liability of each?
was not part of their original agreement. Jervis and
Marlon should be charged for the crime of robbery. A: The crime committed by XA, YB and ZC is the
composite crime of robbery with rape, a single,
indivisible offense under Art. 294(1) of the RPC.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 251
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Although the conspiracy among the offenders was only Q: How is this crime committed?
to commit robbery and only XA raped CD, the other
robbers, YB and ZC, were present and aware of the A: The composite crime would only be committed if
rape being committed by their coconspirator. Having the primordial intent of the offender is to commit
done nothing to stop XA from committing the rape, YB robbery and there is no killing, rape, or intentional
and ZC thereby concurred mutilation committed by the offender during the
in the commission of the rape by their coconspirator robbery. Otherwise, the crime would be robbery with
XA. homicide, or robbery with rape, or robbery with
intentional mutilation, in that order and the
The criminal liability of all, XA, YB and ZC, shall be the arson would only be an aggravating circumstance.
same, as principals in the special complex crime of
robbery with rape which is a single, indivisible offense Q: Should robbery precede arson?
where the rape accompanying the robbery
is just a component. (2004 Bar Question) A: Yes, it is essential that robbery precedes the arson,
as in the case of rape and intentional mutilation,
ROBBERY WITH PHYSICAL INJURIES because the amendment included arson among the
rape and intentional mutilation which
Q: Should the physical injuries be serious? have accompanied the robbery.

A: Yes, to be considered as such, the physical Note: Arson has been made a component only of robbery
injuries must always be serious. with violence against or intimidation of persons but not of
robbery by the use of force upon things.
If the physical injuries are only less serious or slight,
they are absorbed in the robbery. The crime becomes Hence, if the robbery was by the use of force upon things
merely robbery. But if the less serious physical injuries and therewith arson was committed, two distinct crimes
were committed after the robbery was already are committed.
consummated, there would be a separate charge for
the less serious physical injuries. It will only be OTHER CASES OF SIMPLE ROBBERY
absorbed in the robbery if it was inflicted in the course (Par. 5)
of the execution of the robbery. The same is true in
the case of slight Q: How is this crime committed?
physical injuries.
A: Any kind of robbery with less serious physical
Q: Suppose a gang robbed a mansion in Forbes Park. injuries or slight physical injuries fall under this specie
On the occasion of the robbery, physical injuries of robbery.
were inflicted on the household members. The Note: But where there is no violence exerted to
robbers also detained the children to compel their accomplish the snatching, the crime committed is not
parents to come out with the money. What robbery but simple theft.
crime/s is/are committed by the robbers?
There is sufficient intimidation where the acts of the
offender inspired fear upon the victim although the
A: The detention was a necessary means to facilitate
accused was not armed.
the robbery. Thus, the offenders will be held liable for
the complex crimes of robbery with serious physical
Illustration:
injuries and serious illegal detention.
1. Snatching money from the hands of the victim
and pushing her as a result of which her skirt
But if the victims were detained because of the timely was torn and she fell on the ground;
arrival of the police, such that the offenders had no 2. Grabbing a pawnshop ticket and intimidating
choice but to detain the victims as hostages in the victim with a revolver
exchange for their safe passage, the detention is
absorbed by the crime of robbery and is not treated ROBBERY WITH PHYSICAL INJURIES, COMMITTED
as a separate crime. IN AN UNINHABITED PLACE AND BY A BAND, OR
WITH THE USE OF FIREARM ON A STREET, ROAD
ROBBERY WITH ARSON OR ALLEY (ART. 295)
(R.A. 7659)
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

Q: What are the qualifying circumstances of this

crime? A: It applies when homicide is committed on the
occasion of an attempted or frustrated robbery.
A: If committed:
1. In an uninhabited place Note: The term homicide is used in a generic sense. It
includes murder, parricide and infanticide.
2. By a band
EXECUTION OF DEEDS BY MEANS OF VIOLENCE
3. By attacking a moving train, street car, motor OR INTIMIDATION (Art. 298)
vehicle, or airship
Q: What are the elements of this crime?
4. By entering the passengers’ compartments
in a train, or in any manner taking the A:
passengers thereof by 1. Offender has intent to defraud another
surprise in the respective conveyances 2. Offender compels him to sign, execute, or
deliver any public instrument or document
5. On a street, road, highway, or alley, and the 3. Compulsion is by means of violence or
intimidation is made with the use of intimidation
firearms, the offender shall be punished by
the maximum periods of the proper Note: Applies even if the document signed, executed
penalties prescribed in Art.294 or delivered is a private or commercial document.

ROBBERY COMMITTED BY A BAND Q: What distinguishes execution of deeds by

(Art. 296) means of violence or intimidation and coercion?

Q: When is robbery committed by a band? A:

A: When at least 4 armed malefactors take part in the

commission of a robbery, it is deemed
committed by a band.

Note: If any arm used be unlicensed firearm, the penalty

imposed upon all the malefactors shall be the maximum
of the corresponding penalty provided by law, without
prejudice to the criminal liability for illegal possession of
such firearms. This is a special aggravating circumstance
applicable only in a case of robbery in band. ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Any member of the band who was present at the (Art. 299)
commission of a robbery by the band, shall be punished
as principal of any of the assaults committed by the
band, unless it be shown that he attempted to prevent
Q: What are the elements of the 1st kind of
the same. robbery with force upon things under Art. 299?

In robbery by a band, proof of conspiracy is n not

required. A:
1. Offender entered an inhabited house, or
ATTEMPTED AND FRUSTRATED ROBBERY public building, or edifice devoted to
COMMITTED UNDER CERTAIN CIRCUMSTANCES religious worship.
(Art. 297)
2. Entrance was effected by any of the
Q: Where does this article apply? following means:
a. Through an opening not intended for
EXECUTION OF entrance or egress;
GRAVE COERCION
DEEDS
There is anACADEMICS
intent toCHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS
No intent to gain
gain
V
Fear is produced
threatening to
Fear is produced in the mind of
byFOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
ICE CHAIRS
the offended party in order to
253
V obtain something
ICE CHAIR FOR ADMINISTRATION from
AND FINANCE himC.by
: JEANELLE LEE Facultad de Derecho Civil
cause an evil or
threatening
VICE CHAIRS FOR LAYOUT AND DESIGN:to cause
EARL LOUIE him
M. ManASACAYAN & THEENA C. MARTINEZ
damage which is
evil or damage which is not
immediate
immediate but remote
 UST GOLDEN NOTES 2011

b. By breaking any wall, roof, or floor or a. It must be

breaking any door or window; contiguous to
c. By using false keys, picklocks or similar the building
tools, or b. It must have
d. By using any fictitious name or an interior
pretending the exercise of public entrance
connected
authority.
therewith
c. It must form
3. Once inside the building, the offender took part of the
personal property belonging to another with whole
intent to gain.
Illustration:
Q: Define the following:
1. Force upon things A small store
2. Inhabited house located on the
3. Public building ground floor of a
4. Dependencies house is a
5. False keys dependency of the
house, there being
A: no partition
1. Force upon things requires some element of between the store
trespass into the establishment where the and the house, and
in going to the
robbery was committed; e.g. the offender
main stairway, one
must have entered the premises
has to enter the
where the robbery was committed.
store which has a
door. (U.S. vs.
Note: If no entry was effected, even though Ventura, 39 Phil.
force may have been employed actually in the 523)
taking of the property from within the
premises, the crime will only be theft.
5. False keys – genuine keys stolen from the
owner or any keys other than those intended
2. Inhabited house – refers to any shelter, ship by the owner for use in the lock
or vessel constituting the dwelling of one or
forcibly opened
more persons even though the inhabitants
by the offender.
thereof are temporarily absent therefrom
when the robbery is committed.
Note: False key or
picklock must be
3. Public building – every building owned by the used to enter the
Government or belonging to a private person building. It is only
but used or rented by the Government, theft when the
although temporarily unoccupied by the false key is used to
same. open wardrobe or
locked receptacle
4. Dependencies – all interior courts, corrals, or drawer or inside
warehouses, granaries, barns, coach houses, door.
stables, or other departments, or enclosed
interior entrance connected therewith and Q: What are the elements
which form part of the whole. Orchards and of the 2nd kind of
other lands used for cultivation or robbery with force upon
production are not things under Art. 299?
included, even if closed, contiguous to the
building, and having direct connection A:
therewith. 1. Offender is inside a
dwelling house, public
Requisites: building or edifice devoted

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Property

to religious worship, kept or taken there from to

regardless of be broken outside.
circumstances under ROBBERY IN AN UNINHABITED PLACE AND BY A
which he entered it BAND (Art. 300)

2. Offender takes Note: Robbery with force upon things (Art. 299), in order
personal property to be qualified, must be committed in an uninhabited
belonging to another, with place and by a band (Art. 300) while robbery with
intent to gain, violence against or intimidation of persons must be
committed in an uninhabited place or by a band (Art.
under any of the
295).
following
circumstances:
Q: What is an uninhabited place?
a. By the
A: Uninhabited place is one where there are no houses
breaking of
at all, or a considerable distance from town, or where
doors,
the houses are scattered at a great distance from each
wardrobes,
other. It also means uninhabited house or building.
chests, or
any other
ROBBERY IN AN UNINHABITED PLACE OR IN A
kind of
locked or PRIVATE BUILDING (Art. 302)
sealed
furniture or Q: What are the elements of this crime?
receptacle,
or A:
door. 1. Offender entered an uninhabited place or a
building which was not a dwelling house, not
Note: Door a public building, or not an
refers only to edifice devoted to religious worship.
“doors, lids or
opening 2. Any of the following circumstances was
sheets” of present:
furniture or a. Entrance was effected through an opening
other not intended for entrance or egress
portable
receptacles, Note: If the entrance was made through
not to inside the door which was open, or closed but
doors of unlocked, and not through the window,
house or the person who took personal property
building. from the house with intent to gain is guilty
only of theft and not robbery. Where an
b. By taking opening created by the accidental
such bumping of a vehicle in the store’s wall
furniture or was made the entrance of the malefactor,
objects away the taking of the personal property inside
to be broken the store is robbery and not theft because
or forced the hole is not intended for entrance or
open outside egress.
the place of
the robbery. b. Wall, roof, floor, or outside door or
window was broken,
Note: It is estafa or theft, if
the locked or sealed Note: Like Robbery in an inhabited house,
receptacle is not forced open the breaking should be made in order to
in the building where it is effect the entrance into the place. So if

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 255
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 UST GOLDEN NOTES 2011

the wall, roof, floor etc. was broken in the A:

course of escaping, the act committed is 1. Offender has in his possession picklocks or
not Robbery. similar tools.
2. Such picklocks or similar tools are specially
c. Entrance was effected through the use of adopted to the commission of robbery.
false keys, picklocks or other 3. Offender does not have lawful cause for such
similar tools possession.

d. Door, wardrobe, chest, or any sealed or FALSE KEYS

closed furniture or receptacle was (Art. 305)
broken
Q: What do false keys include?
e. Closed or sealed receptacle was
removed, even if the same be broken A: False keys include:
open elsewhere 1. Picklocks or similar tools
2. Genuine keys stolen from the owner
Note: Under letters d and e, the robber 3. Any key other than those intended by the
did not enter through a window or owner for use in the lock forcibly opened
effected entrance by breaking the floor, by the offender.
door, wall, etc., otherwise these
circumstances by themselves already
Note: Possession of false keys in pars. 2 and 3 above are
make the act as that of robbery. In these
not punishable. If the key was entrusted to the offender
2 letters, the robbers entered through
and he used it to steal, crime is not robbery
the door, and once inside, broke
but theft.
wardrobe, sealed or close receptacles
etc., or took away closed or sealed
receptacle to be broken elsewhere. BRIGANDAGE
(Art. 306)
It must be taken note of, that the
entrance by using any fictitious name or Q: What is brigandage?
pretending the exercise of public
authority is not among those mentioned A: Brigandage is committed by more than 3 armed
in Art. 302 because the place is persons who form a band of robbers for the purpose
uninhabited and therefore without of committing robbery in the highway or kidnapping
person present. Likewise, in the class of persons for the purpose of extortion or to obtain
Robbery, the penalty depends on the ransom, or for any other purpose to be
amount taken disregarding the attained by means of force and violence.
circumstance of whether the robbers are
armed or not as in the case of Robbery in
Q: What is the essence of brigandage?
Inhabited Place.

A: Brigandage is a crime of depredation wherein the

3. With intent to gain, the offender took
unlawful acts are directed not only against specific,
therefrom personal property belonging to
intended or preconceived victims, but against any and
another.
all prospective victims anywhere on
the highway and whoever they may potentially be.
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN
AN UNINHABITED PLACE OR PRIVATE BUILDING
Q: What are the distinctions between robbery in
(Art.303)
band and brigandage under Art. 306?
Note: The palay must be kept by the owner as
A:
“seedling” or taken for that purpose by the robbers.
ROBBERY BY A BRIGANDAGE UNDER ART.
BAND 306
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
(Art. 304) Purpose is to Purpose is to commit robbery in
commit robbery highway; or to kidnap a person
not necessarily in for ransom or any other
Q: What are the elements of this crime? purpose attained by force and
highways.
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

violence
Actual commission Q: Who are the persons liable for theft?
of robbery is Mere formation is punished.
necessary. A:
1. Those who, with intent to gain, but without
violence against or intimidation of persons
PD 532 MODIFIED ARTICLES 306 AND 307 nor force upon things, take personal
property of another without the latter’s
Q: What is highway robbery under P.D. 532? consent.

A: Highway robbery or brigandage is the seizure for 2. Those who having found lost property, fail to
ransom, extortion or other unlawful purposes or the deliver the same to the local authorities or to
taking away of property of another by means of its owner.
violence against or other unlawful
means, committed by any person on any Philippine Note: Lost property includes stolen property so
Highway. that the accused who found a stolen horse is
liable if he fails to deliver the same to the
owner or to the authorities since the term
Any person who aids or protects highway robbers or
“lost” is generic in nature and embraces loss by
abets the commission of highway robbery or
stealing or by any act of a person other than
brigandage shall be considered as an accomplice. the owner as well as by the act of the owner
himself through same casual occurrence.
Note: Philippine highway – shall refer to any road, street, (People v. Rodrigo, G.R.
passage, highway and bridges or other parts thereof, or No. L‐18507, Mar. 31, 1966)
railway or railroad within the Philippines used by
persons, or vehicles, or locomotives or trains for the
3. Those who after having maliciously damaged
movement or circulation of persons or transportation of
goods, articles, or property or both. the property of another, remove or make
use of the fruits or
object of the damage caused by them.
AIDING AND ABETTING A BAND OF BRIGANDS
(Art. 307)
4. Those who enter an enclosed estate or a
field where trespass is forbidden or which
Q: What are the elements of this crime?
belongs to another and, without the consent
of its owner, hunt or fish upon the same or
A:
gather fruits, cereals or other
1. There is a band of brigands.
forest or farm products.
2. Offender knows the band to be of brigands.
3. Offender does any of the following acts:
Q: What are the elements of theft?
a. He in any manner aids, abets or
protects such band of brigands
A:
b. He gives them information of the
1. There is taking of personal property
movements of the police or other
peace officers of the government
Note: It may be a stolen property but as long as
c. He acquires or receives the property
it does not belong to the thief or robber, it can
taken by such brigands
be the subject of the crime.

THEFT
2. Property taken belongs to another
(Art. 308)
3. Taking was done with intent to gain
Q: What is theft?
Note: Intent to gain is presumed in malicious
A: Theft is committed by any person who, with intent taking of personal property of another.
to gain but without violence against or intimidation of
persons nor force upon things, shall take personal
4. Taking was done without the consent of the
property of another without the latter’s consent.
owner
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

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ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 257
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VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

only be attempted or consummated.

Illustration:
Q: For the crime of theft to be consummated, is it
While praying in a church, A felt and saw his necessary that the offender, once having committed
wallet being taken by B, but because of the all the acts of execution for theft, is able or unable to
solemnity of the proceedings, did not make any freely dispose of the property
move; while the taking was with his knowledge, stolen?
it was without his consent, and
Theft is committed.
A: No. Since the deprivation from the owner alone has
already ensued from such acts of execution. Under
5. Taking is accomplished without the use of Article 308 of the RPC, there is only one operative act
violence against or intimidation of persons of of execution by the actor involved in theft—the taking
force upon things. of personal property of another. The ability of the
offender to freely dispose of the property stolen is not
Q: What is the meaning of “taking” in law? a constitutive element of the crime of theft. Such
factor runs immaterial to the statutory definition of
A: It means the act of depriving another of the theft, which is the taking, with intent to gain, of
possession and dominion of movable property. The personal property of another without the latter’s
taking must be accompanied by the intention, at the consent.
time of the taking, of withholding the thing with
some character of permanency. Q: When is the crime of theft produced?

Q: Can incorporeal property be the subject of A: Theft is produced when there is deprivation of
theft? personal property due to its taking by one with intent
to gain.
A: Yes. Personal property does not only mean
corporeal things but also includes incorporeal Q: In theft, is it required for the thief to be able to
property like electricity which can be stolen by using a carry away the thing taken from the owner?
jumper. (U.S. v. Carlos, 21 Phil. 533) The test of what
is the proper subject of larceny seems to be not A: No, the consummation of this crime takes place
whether the subject is corporeal but whether it upon the voluntary and malicious taking of the
is capable of appropriation by another. property which is realized upon the material
occupation of the taking, that is, when he had full
Illustration: possession thereof even if he did not have the
opportunity to dispose of the same.
In case of theft of checks, the argument that checks
cannot be the proper subject of larceny because the Note: Proof that the accused is in possession of a recently
paper itself has no intrinsic value and is merely an stolen property gives rise to a valid presumption that he
evidence or token of the existence of money or property stole the property.
elsewhere, while tenable under the common law rule,
cannot be sustained in our jurisdiction for the Supreme
Q: When is unlawful taking complete?
Court of Spain has repeatedly ruled that checks and
other commercial papers are subject of
larceny. (U.S. v. Wickersham, 20 Phil. 440) A: Unlawful taking is deemed complete from the
moment the offender gains possession of the thing,
even if he has no opportunity to dispose of the
Q: Can there be a crime of frustrated theft?
same.
A: No. Unlawful taking, which is the deprivation of
Q: What is the distinction between theft and
one’s personal property, is the element which
estafa?
produces the felony in its consummated stage. At the
same time, without unlawful taking as an act of
execution, the offense could only be attempted A:
theft, if at all. THEFT ESTAFA
The crime is qualified Where both the material and
With these considerations, under Article 308 of the theft if only the juridical possession are
RPC, theft cannot have a frustrated stage. Theft can physical or material transferred, misappropriation

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

possession of the of the property would

thing is transferred. constitute estafa. 4. If the property stolen consist of coconuts
taken from the premises of a plantation
Note: In theft, qualified with grave abuse of confidence
and estafa with abuse of confidence, the offender 5. If the property stolen is fish taken from a
receives the thing from the offended party. fishpond or fishery

Q: Mario found a watch in a jeep he was riding, and 6. If property is taken on the occasion of fire,
since it did not belong to him, he approached earthquake, typhoon, volcanic eruption, or
policeman P and delivered the watch with instruction any other calamity, vehicular
to return the same to whoever may be found to be accident or civil disturbance.
the owner. P failed to return the watch to the owner
and, instead, sold it and appropriated for himself the Note: If the offense is to be qualified by abuse of
proceeds of the sale. Charged with theft, P reasoned confidence, the abuse must be grave, like an accused who
out that he cannot be found guilty because it was not was offered food and allowed to sleep in the house of the
he who found the watch and moreover, the watch complainant out of the latter’s pity and charity, but stole
turned out to the latter’s money in his house when he left the place.
be stolen property. Is P's defense valid?

A: No, P's defense is not valid. In a charge for theft, it

is enough that the personal property subject thereof
belongs to another and not to the offender (P). It is Illustration:
irrelevant whether the person deprived of the
possession of the watch has or has no right to the An Assistant Agent in Charge and Accounting Cashier of
watch. Theft is committed by one who, with intent to the PNB entrusted with and accountable for all its
gain, appropriates property of another without the collections and deposits including equipment and
consent of its owner. And the crime is committed supplies, was accused of having taken P126,190.00 found
even when the offender receives property of another in his drawer. It was held that the crime of theft is
but acquires only physical qualified by the relation of trust between the accused and
possession to hold the same. (1998 Bar Question) the PNB creating higher degree of confidence which the
former gravely abused. He willfully took advantage of his
position, his knowledge of the safe combinations and his
Illustration:
physical possession of the money to carry out and
consummate the Theft.
Where the finder of the lost or mislaid property entrusts
it to another for delivery to a designated owner, the
Q: What is novation theory and when does this
person to whom it is thus confided, assumes by
voluntary substitution, as to both the property and the apply?
owner, the same relation as was occupied by the finder.
If he misappropriates it, he is guilty of Theft as if he were A: Novation theory contemplates a situation wherein
the actual finder of the same. (People v. Avila, 44 Phil. the victim’s acceptance of payment converted the
720 [1923]) offender’s liability to a civil obligation. It applies only if
there is a contractual relationship between the
QUALIFIED THEFT accused and the complainant.
(Art. 310)
THEFT OF THE PROPERTY OF THE NATIONAL
Q: When is theft qualified? LIBRARY AND NATIONAL MUSEUM (Art. 311)

A: Note: Theft of property of National Library and National

1. If theft is committed by a domestic servant Museum has a fixed penalty regardless of its value, but if
the crime is committed with grave abuse of confidence,
the penalty for qualified theft shall be imposed.
2. If the theft is committed with grave abuse of
confidence
OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
3. If the property stolen is a motor vehicle,
(Art. 312)
mail matter or large cattle
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 259
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
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 UST GOLDEN NOTES 2011

Q: What are the punishable acts? 2. Also the persons who were awarded lots but
sold or lease them out.
A:
1. Taking possession of any real property 3. Intruders of lands reserved for socialized
belonging to another. housing, pre‐empting possession by
occupying the same. (Urban Development
2. Usurping any real rights in property and Housing Act)
belonging to another.
ALTERING BOUNDERIES OR LANDMARKS
Q: What are the elements of this crime? (Art. 313)

A: Q: What are the elements of this crime?

1. Offender takes possession of any real
property or usurps any real rights in A:
property. 1. There are boundary marks or monuments of
towns, provinces, or estates, or any other
2. Real property or real rights belong to marks intended to designate the
another. boundaries of the same.

3. Violence against or intimidation of persons is 2. Offender alters said boundary marks.

used by the offender in occupying real
property or usurping real Note: Intent to gain is not necessary. Mere act of altering
rights in property. or destruction of the boundary marks is sufficient.

4. There is intent to gain. CULPABLE INSOLVENCY

FRAUDULENT INSOLVENCY
Note: There is only civil liability if there is no violence (Art. 314)
or intimidation in taking possession of real property.
Q: What are the elements of fraudulent
Usurpation under Article 312 is committed in the same insolvency?
way as robbery with violence or intimidation of persons.
The main difference is that in robbery, personal property A:
is involved; while in usurpation of real rights, it is real 1. Offender is a debtor, that is, he has
property. obligations due and payable.
2. He absconds with his property.
If the accused is the owner of the property which he 3. There be prejudice to his creditors.
usurped from the possessor, he cannot be held liable
for usurpation.
Q: What is the essence of this crime?
Considering that this is a crime against property, there
A: The essence of the crime is that any property of the
must be intent to gain. In the absence of the intent to
debtor is made to disappear for the purpose of
gain, the act may constitute coercion.
evading the fulfillment of the obligations and liabilities
contracted with one or more creditors to
Q: What is punished by R.A. 947?
the prejudice of the latter.
A: Entering or occupying public agricultural land
Note: To abscond does not mean that the debtor
including public lands granted to private individuals.
should depart and physically conceal his property.

Q: Who are squatters?

The fraud must result to the prejudice of his creditors. If
the accused concealed his property fraudulently but it
A: turned out that he has some other property with which to
1. Those who have the capacity or means to satisfy his obligation, he is not liable under
pay rent or for legitimate housing but are this article.
squatting anyway.

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
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6
BOOK 2: Crimes Against Property

Being a merchant qualifies the crime as the penalty is 1. Accused defrauded another by abuse of
increased. confidence or by means of deceit – This covers
the three different ways of committing estafa
If these acts are committed after the institution of under Article 315;
insolvency proceeding, the Insolvency Law shall apply. thus, estafa is committed:

SWINDLING AND OTHER DECEIT a. With unfaithfulness or abuse of

confidence
SWINDLING (Estafa) b. By means of false pretenses or
(Art. 315) fraudulent acts; or
c. Through fraudulent means
Q: What are the elements of estafa in general?
2. Damage or prejudice capable of pecuniary
A: estimation is caused to the offended party
or third person.
property by the offender, or denial Illustration: on his part of such receipt
c. Such misappropriation or conversion
When the accused deceived the complainants into or denial is to the prejudice of believing that there were indeed
jobs waiting for them another; and
in Taiwan, and the latter sold their carabaos, d. There is a demand made by the mortgaged or sold their parcels of land

and even offended party to the offender contracted loans to raise the P40,000.00 placement fee required of them by
the accused, the assurances Note: The fourth element is not necessary given by the latter made the complainants part with
when there is evidence of misappropriation whatever resources they had, clearly establishing of the goods by the
defendant. deceit and damage which constitute the elements of

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 261
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Estafa (People v. Bautista, 214 SCRA 216).

Illustration:

Under P.D. 115 (Trust Receipts Law), the failure of the

Failure to return a dump truck which was
entrustee to turn over the proceeds of the sale of the delivered to the accused by virtue of a deed
goods, documents, or instruments covered by a trust of lease after the expiration of the lease
receipt, to the extent of the amount owing to the contract and despite demands would
entruster, or as appearing in the trust receipt; or the constitute Estafa by misappropriation or
failure to return said goods, documents,
or conversion by the accused of the subject of
instruments if they were not sold or disposed of in the obligation.
accordance with the terms of the trust receipt

constitute estafa.
The accused received in trust the money
from the complainants for the particular
Q: What are the elements of estafa with purpose of investing the same with the unfaithfulness of abuse of confidence
under Philtrust Investment Corp. with the
Article 315 (1)? obligation to make delivery thereof upon
demand but failed to return the same
A: despite demands. It was admitted that she
1. Under paragraph (a): used the money for her business. Accused is a. Offender has an onerous obligation guilty of
Estafa through Misappropriation. to deliver something of value (Fontanilla v. People, 258 SCRA 460)
b. He alters its substance, quantity, or
quality A money market transaction however
c. Damage or prejudice is caused to partakes of the nature of a loan, and
nonanother payment thereof would not give rise to
criminal liability for Estafa through
Illustration: misappropriation or conversion. In money
market placements, the unpaid investor
Where the accused is bound by virtue of a should institute against the middleman or contract of sale, payment
having been dealer, before the ordinary courts, a received to deliver first class of rice (e.g. simple action for
recovery of the amount milagrosa) but delivered an inferior kind, or he had invested, and if there’s allegation that
he bound himself to deliver 1000 sacks of fraud, the proper forum would be the but delivered less than 1000
because the SEC. (Sesbreno v. CA, 240 SCRA 606)
other sacks were filled with different

materials, he is guilty of estafa with

3. Under paragraph (c):
unfaithfulness or abuse of confidence by
altering the quantity or quality of anything a. The paper with the signature of the of value by virtue of an obligation
to do so. offended party is in blank;
b. Offended party delivered it to the

offender;
2. Under paragraph (b):
a. Money, goods, or other personal c. Above the signature of the offended
property is received by the offender party, a document is written by the in
trust, or on commission, or for offender without authority to do so;
administration, or under any other d. The document so written creates a

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

obligation involving the duty to make liability of, or causes damage to, the
delivery of, or to return, the same offended party or any third person.
b. There is misappropriation or conversion of such money or
Q: What are the elements of estafa by means of false The check must be issued in payment of a simultaneous
pretenses or fraudulent acts under Article obligation, not one which is pre‐existing.
315 (2)?
Illustration:
A:
1. Under paragraph (a) – The accused must be able to obtain something from the
a. Using fictitious name offended party by means of the check he issued and
b. Falsely pretending to possess power, delivered.
influence, qualifications, property, credit,
agency, business or imaginary Thus, if A issued a check in favor of B for a debt he has
incurred a month or so ago, the dishonor of the check for
transactions; or
insufficiency of funds in the bank does not constitute
c. By means of other similar deceits
Estafa. But if A told B to deliver to him P10,000 and he (A)
would issue in his favor a check in the sum of P11,000 as it
2. Under paragraph (b) – Altering the quality, was a Sunday and A needed the cash urgently, and B gave
fineness, or weight of anything his P10,000 having in mind the profit of P1,000 when he
pertaining to his art or business. encashes the check on Monday and the check bounced
when deposited, A can be held liable for Estafa. In such
3. Under paragraph (c) – Pretending to have case, it was clear that B would have not parted with his
bribed any government employee, without P10,000 were it not for the issuance of A’s check.
prejudice to the action for calumny which the
offended party may deem proper to bring It must not be promissory notes, or guaranties.
against the
offender. Q: Is good faith a defense?

4. Under paragraph (d) – A: Yes. The payee’s knowledge that the drawer has no
a. Offender postdated a check, or issued a sufficient funds to cover the postdated checks at
check in payment of an obligation; the time of their issuance negates estafa.
b. Such postdating or issuing a check was
done when the offender had no funds in Note: It is necessary that the offender knew that his check
the bank, or his funds deposited therein had no sufficient funds in the bank (his failure to cover the
were not sufficient amount of the check within 3 days from
to cover the amount of the check. notice creates a prima facie evidence of deceit).

Note: Art. 315 (2) (d) is also referred to as If the checks were issued by the defendant and he received
Issuing or postdating check without funds. money for them, then stopped payment and did not return
the money, and he had an intention to stop payment when
he issued the check, there is estafa.
Q: When does Art. 315 (2) (d) apply?
Deceit is presumed if the drawer fails to deposit the
A: Only when: amount necessary to cover the check within three days
1. Obligation is not pre‐existing from receipt of notice of dishonor or insufficiency of funds
2. Check is drawn to enter into an obligation in the bank.
3. Does not cover checks where the purpose of
drawing the check is to guarantee a Q: Can the fact that the accused was not the actual
loan. maker of the check be put up as a defense?

Note: The check must be genuine. If the check is falsified A: No. In the case of People v. Isleta, et.al. (61 Phil.
and is cashed with the bank or exchanged for cash, the 332), and reiterated in the case of Zalgado v. CA (178
crime is estafa thru falsification of a commercial document. SCRA 146) it was held that the appellant who only
negotiated directly and personally the check drawn by

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 263
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

another is guilty of estafa because he had “guilty b. Deceit was employed to make him sign
knowledge that at the time he negotiated the document.
the check, the drawer has no sufficient funds.” c. Offended party personally signed the
document.
In other words, whether the accused was charged d. Prejudice was caused.
under either paragraph 2(a) or 2(d) of Article 315 of the
RPC, he would still be guilty of estafa because damage Illustration:
and deceit, which are essential elements of the offense,
have been established with satisfactory proof. The A induced an illiterate owner who was
fraudulent act was committed prior to or simultaneous desirous of mortgaging his property for a
with the issuance of the bad check. The guarantee and certain amount, to sign a document which he
the simultaneous delivery of the checks by the accused believed was only a power of attorney but in
were the enticement and the efficient cause of the truth it was a deed of sale. A is guilty of Estafa
defraudation committed against Apolonio who suffered under par.3(a) and the damage could consist
damage amounting to P87,000.00 as a result of the at least in the disturbance in property rights.
fraud committed by Garcia in paying him underfunded (U.S. vs. Malong, GR. No. L‐12597, Aug.30,
checks drawn by three different persons. (Garcia v. 1917)
People, G.R. No. 144785, Sept.
11, 2003) 2. Under paragraph (b) – Resorting to some
fraudulent practice to insure success in a
Q: Is the accused’s mere failure to turn over the gambling game;
thing delivered to him in trust despite demand and
the duty to do so, constitute estafa under Art. 315 3. Under paragraph (c) –
par 1 (b)? a. Offender removed, concealed or
destroyed.
A: No. The essence of estafa under Art. 315 (1) (b) of b. Any court record, office files, documents
the RPC is the appropriation or conversion of money or any other papers.
or property received, to the prejudice of the owner c. With intent to defraud another.
thereof. It takes place when a person actually
appropriates the property of another for his own Illustration:
benefit, use and enjoyment. The failure to account,
upon demand, for funds or property held in trust is a When a lawyer, pretending to verify a certain
mere circumstantial evidence of misappropriation. In pleading in a case pending before a court,
other words, the demand for the return of the thing borrows the folder of the case, and removes or
delivered in trust and the failure of the accused to destroys a document which constitutes evidence
account for it are circumstantial evidence of in the said case, said
misappropriation. However, this presumption is lawyer is guilty of estafa under par.3(c).
rebuttable. If the accused is able to satisfactorily
explain his failure to produce the thing delivered in In partnership – Partners are not liable for estafa
trust, he may not be held liable for estafa. In the case of money or property received for the
at bar, however, since the medrep failed to explain partnership when the business commenced
his inability to produce the thing delivered to him in and profits accrued.
trust, the rule that “the failure to account, upon
demand, for funds or property held in trust is Q: What are the distinctions between robbery,
circumstantial evidence of misappropriation” applies theft and estafa?
without doubt. (Filadams Pharma, Inc. v. CA, G.R. No.
132422, Mar. 30, 2004) A:
ROBBERY THEFT ESTAFA
Q: What are the elements of Estafa through Subject
fraudulent means under Article 315 (3)? matter
Only personal Only personal prop
may be real
prop is involved. is involved.
A: property
1. Under paragraph (a) –
a. Offender induced the offended party to Taking is by Not so Not so
sign a document. means of force
upon things or
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Property

violence against
or intimidation of Note: Estafa through false pretense made in writing is only
persons. a simple crime of estafa, not a complex crime of estafa
through falsification.
Penalty
Penalty does not Penalty
depends on
necessarily depends on the Q: Alfredo is the corporate treasurer of Multimillion
the
depend on the amount Insurance Company. As corporate treasurer, he would
amount
amount involved. involved
involved have in his possession an average of P5,000,000 at any
Offender takes the given time. In 1984, when the money market rate of
Offender takes the interest ranged from 35% to 50%, Alfredo placed
property without
property without
the Offender P1,000,000 of the corporate funds in the money
the consent of the
consent of the receives market in his name without the knowledge of any
owner and without
owner by using the other corporate official of the company. Upon
using threats,
threats, property maturity of the money market placement, Alfredo
intimidation or
intimidation or returned the amount of P1,000,000 to the corporation,
violence
violence but kept to himself the interest income of P250,000.
At the end of 1984, when audit examinations of his
Note: The crime is theft even if the property was delivered accounts were undertaken, the auditors found no
to the offender by the owner or possessor, if the latter shortage in his
expects an immediate return of the property delivered, accountabilities. Did Alfredo commit any crime?
that is, he delivered only the physical or material
possession of the property. (U.S. v. De Vera, 43 Phil.
A: Yes, Alfredo committed the crime of estafa thru
1000) However, if what was delivered was juridical
possession of the property, that is, a situation where the abuse of confidence, even if he had no intention to
person to whom it was delivered can set off his right to permanently misappropriate the corporate funds for
possess even as against the owner, and the latter should himself. The law on estafa is clear and does not make
not be expecting the immediate return of the property, any distinctions between permanent and temporary
the misappropriation or taking of that property is Estafa. misappropriations, for as long as damage is suffered by
(U.S. v. Figueroa, 22 Phil. 270) the offended party.

Q: What are the distinctions between estafa with Damage was suffered by the corporation in this case
abuse of confidence and malversation? because if the P1 million pesos had not been withdrawn
from the corporate coffers it would have
ESTAFA WITH ABUSE OF A: earned interest for the benefit of the company.
MALVERSATION
CONFIDENCE Estafa, and not qualified theft, is committed because as
Funds or property are Involves public funds or corporate treasurer, Alfredo has juridical possession of
always private. property. the P5 million in his custody.
Offender is a private
Offender who is usually a This was in the nature of a trust fund entrusted to him
individual or even a
public officer is for corporate purposes. While it is a general principle
public officer who is not
accountable for public that misappropriation of trust funds for short periods
accountable for public
funds or property. does not always amount to estafa, it has been held that
funds or property.
this principle cannot extend to cases where officers of
Crime is committed by
Crime is committed by appropriating, taking or corporations converted corporate funds to their own
misappropriating, misappropriating or use, (U.S. vs. Sevilla, 43 Phil. 190). Fraudulent intent is
converting or denying consenting, or, through not even necessary in such cases because the breach of
having received money, abandonment or confidence involved in the misappropriation or
goods or other personal negligence, permitting any conversion of trust funds takes the place of fraudulent
property. other person to take the intent and is in itself sufficient. (1989
public funds or property. Bar Question)
Offenders are entrusted with funds or property
Continuing offenses Q: Aurelia introduced Rosa to Victoria, a dealer in
jewelry who does business in Timog, Quezon City.
Rosa, a resident of Cebu City, agreed to sell a diamond
ring and bracelet to Victoria on a commission basis, on
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 265
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

condition that, if these items can not be sold, they Q: Is demand a condition precedent to the existence of
may be returned to Victoria forthwith. Unable to sell Estafa?
the ring and bracelet, Rosa delivered both items to
Aurelia in Cebu City with the understanding that A:
Aurelia shall, in turn, return the items to Victoria in GR: There must be a formal demand on the offender
Timog, Quezon City. Aurelia dutifully returned the to comply with his obligation before he can be
bracelet to Victoria but sold the ring, kept the cash charged with estafa.
proceeds thereof to herself, and issued a check to
Victoria which bounced. Victoria sued Rosa for estafa XPN:
under Article 315, RPC, Victoria insisting that delivery 1. When the offender’s obligation to comply is
to a third person of the thing held in trust is not a subject to a period, and
defense in estafa. Is Rosa criminally liable for 2. When the accused cannot be located despite
estafa under the circumstances? due diligence.

A: No, Rosa cannot be held criminally liable for estafa. OTHER FORMS OF SWINDLING
Although she received the jewelry from Victoria under (Art. 316)
an obligation to return the same or deliver the proceeds
thereof, she did not misappropriate it. In fact, she gave Q: What are the other forms of swindling?
them to Aurelia specifically to be returned to Victoria.
The misappropriation was done by Aurelia, and absent A:
the showing of any conspiracy between Aurelia and 1. Conveying, selling, encumbering, or
Rosa, the latter cannot be held criminally liable for mortgaging any real property, pretending
Aurelia's acts. Furthermore, as explained above, Rosa's to be the owner of the same
negligence which may have allowed Aurelia to
misappropriate the jewelry does not make her
Elements:
criminally liable for estafa. (1999 Bar Question)
a. Thing be immovable
b. Offender who is not the owner of said
Q: Distinguish estafa and infidelity in the custody
property should represent that he is the
of document.
owner thereof
c. Offender should have executed an act of
A: ownership (selling, leasing, encumbering
INFIDELITY IN THE CUSTODY
ESTAFA or mortgaging the real property)
OF DOCUMENTS
d. Act is made to the prejudice of the
Private individual
Public officer entrusted owner or of a third person.
was entrusted
Intent to defraud No intent to defraud
2. Disposing real property knowing it to be
encumbered even if the encumbrance be
not recorded.

Elements:
a. Thing disposed of be real property;
b. Offender knew that the real property
was encumbered, whether the
encumbrance is recorded or not
c. There must be
express representation by the
offender that
the real property is free
from encumbrance
d. Act of disposing of the real property
be made to the damage of another

3. Wrongful taking of personal property from its

lawful possessor to the prejudice
of the latter or a third person;
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Property

4. Transaction is to the detriment of such minor.

Elements:
a. Offender is the owner of personal Q: Is actual proof of deceit or misrepresentation
property essential?
b. Said personal property is in the lawful
possession of another A: No. It is sufficient that the offender takes advantage
c. Offender wrongfully takes it from its of the inexperience or emotions of the minor.
lawful possessor
d. Prejudice is thereby caused to the OTHER DECEITS
possessor or third person (ART. 318)

4. Executing any fictitious contract to the Q: What are the other kinds of deceit under Art.
prejudice of another. 318?

5. Accepting any compensation given to him A:

under the belief it was in payment of services 1. Defrauding or damaging another by any other
or labor when he did not actually perform deceit not mentioned in the preceding
such services or labor. Selling, mortgaging or articles.
in any manner encumbering real property 2. Interpreting dreams, making forecasts, telling
while being a surety in bond without express fortunes, or taking advantage of the credulity
authority from the court or before being of the public in any other
relieved from the obligation. similar manner, for profit or gain.

Elements: Note: Deceits in this article include false pretenses and

a. Offender is a surety in a bond given in a fraudulent acts.
criminal or civil action
b. He guaranteed the fulfillment of such CHATTEL MORTGAGE
obligation with his real property or
properties REMOVAL, SALE OR PLEDGE OF MORTGAGED
c. He sells, mortgages, or, in any other PROPERTY (Art. 319)
manner encumbers said
real Q: What are the punishable acts?
property
d. Such sale, mortgage or encumbrance is A:
without express authority from the 1. Knowingly removing any personal property
court, or made before mortgaged under the Chattel Mortgage Law
the cancellation of his bond, or to any province or city other than the one in
before being relieved from the obligation which it was located at the time of execution
contracted by him of the mortgage, without the written consent
of the mortgagee or his executors,
SWINDLING A MINOR administrators or assigns.
(Art.317)
Elements:
Q: What are the elements of this crime? a. Personal property is mortgaged under
the Chattel Mortgage Law
A: b. Offender knows that such property is so
1. Offender takes advantage of the inexperience mortgaged
or emotions or feelings of a minor. c. Offender removes such mortgaged
2. He induces such minor to assume an personal property to any province or city
obligation, or to give release, or to execute other than the one in which it
a transfer of any property right. was located at the time of the execution
3. Consideration is some loan of money, credit of the mortgage
or other personal property. d. Removal is permanent

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 267
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

e. There is no written consent of the Q: What is arson?

mortgagee or his executors,
administrators or assigns to such removal A: Arson is the malicious destruction of property by fire.

Note: Any person can be the offender. Note: Laws on arson in force are P.D. 1613 and Art.
320, as amended by R.A. 7659.
2. Selling or pledging personal property already
pledged, or any part thereof, under the terms Q: What are the kinds of arson?
of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back A:
of the mortgage and noted on the record 1. Arson, under Sec.1 of P.D. 1613.
thereof in the office of the register of deeds of 2. Destructive arson, under Art. 320 RPC, as
the province where such property is located. amended by R.A. 7659.
3. Other cases of arson, under Sec. 3 of P.D.
Elements: 1613.
a. Personal property is already pledged
under the terms of the Chattel DESTRUCTIVE ARSON
Mortgage Law (Art. 320, as amended by RA 7659)
b. Offender, who is the mortgagor of such
property, sells or pledges the same or Q: How is Destructive Arson committed?
any part thereof
c. There is no consent of the mortgagee A:
written on the back of the mortgage and 1. Any person who shall burn:
noted on the record thereof in the office a. One or more buildings or edifices,
of the register of deeds. consequent to one single act of burning,
or as a result
Note: Chattel mortgage must be valid and of simultaneous burnings,
subsisting. Removal of the mortgaged personal or committed on several or different
property must be coupled with intent to
occasions
defraud.

b. Any building of public or private

Q: Distinguish chattel mortgage from estafa
ownership, devoted to the public in
general or where people usually gather
A:
or congregate for a definite purpose
CHATTEL MORTGAGE ESTAFA regardless of whether the offender had
The property involved is The property involved knowledge that there are persons in said
personal property is real property building or edifice at the time it is set on
Selling or pledging of To constitute estafa, it fire and regardless also of whether the
personal property already is sufficient that the building is actually inhabited or not
pledged or mortgaged is real property
committed by the mere mortgaged be sold as
c. Any train or locomotive, ship or vessel,
failure to obtain the consent free, even though the
airship or airplane, devoted to
of the mortgagee in writing vendor may have
transportation or conveyance, or for
even if the offender should obtained the consent
public use, entertainment or
inform the purchaser that of the mortgagee in
writing leisure
the thing sold is mortgaged
The purpose is to
d. Any building, factory, warehouse
The purpose of the law is to protect the purchaser,
installation and any appurtenances
protect the mortgagee whether the first or
thereto, which are devoted to the
the second
service of public utilities

e. Any building the burning of which is for

ARSON AND OTHER CRIMES INVOLVING
the purpose of concealing or destroying
DESTRUCTION
evidence of another violation of law, or
for purpose of concealing bankruptcy or
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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BOOK 2: Crimes Against Property

defrauding creditors or to Illustration:

collect from
insurance. Where the accused was charged with violation of P.D. 613
without specifying the particular provision breached and
2. Two or more persons or by a group of the information failing to allege whether or not the burnt
persons, regardless of whether their purpose house is inhabited, and not having established that it was
is merely to burn or destroy the building or situated in a populated or congested area, he should be
deemed to have been charged only with plain Arson
the burning merely constitutes an overt act in
under Sec. 1 of P.D. 613.
the commission of another
(People v. Gutierrez, G.R. No. 100699, July 5, 1996)
violation of law.
Q: Nestor was had an argument with his live‐in
3. Any person who shall burn:
partner, Honey concerning their son. During their
a. Any arsenal, shipyard, storehouse or
heated discussion, Nestor intimated to Honey his
military powder or fireworks factory,
desire to have sex with her but the same was
ordinance, storehouse, archives or
thwarted. Frustrated and incensed, Nestor set fire
general museum of the Government.
on both the plastic partition of the room and
Honey’s clothes in the cabinet. After realizing what
b. In an inhabited place, he did, Nestor attempted to put out the flames but it
any storehouse or factory of was too late. This resulted to the burning of their
inflammable home and the other neighboring houses. Nestor was
or explosive materials. forthwith convicted of destructive arson. Was
Nestor’s conviction for the crime of
Q: What are the other kinds of arson? destructive arson proper?

A: The property burned is any of the following: A: No, the crime committed by Nestor is simple arson
1. Any building used as offices of the penalized under Sec.3 par.2 of P.D. 1613 as the
Government or any of its agencies; properties burned by him are specifically described as
2. Any inhabited house or dwelling; houses, contemplating inhabited houses or dwellings
3. Any industrial establishment, shipyard, oil under the aforesaid law. Simple Arson contemplates
well or mine shaft, platform or tunnel; crimes with less significant social, economic, political
4. Any plantation, farm, pasture land, growing and national security implications than Destructive
crop, grain field, orchard, bamboo grove or Arson. Destructive arson under Article 320 of the
forest; RPC, on the other hand, contemplates the burning of
5. Any rice mill, sugar mill, cane mill or mill buildings and edifices. (People v. Soriano, G.R. No.
central; and 142565. July
6. Any railway or bus station, airport, wharf or 29, 2003)
warehouse. (Sec.3 P.D. 1613)
MALICIOUS MISCHIEF
Q: What are the special aggravating circumstances (Art. 327)
in arson? (Sec. 4, P.D. 1613):
Q: What is malicious mischief?
A:
1. If committed with intent to gain. A: Malicious mischief is the willful damaging of
2. If committed for the benefit of another. another’s property by any act not constituting arson
3. If the offender is motivated by spite or hatred or crimes of destruction due to hate, revenge or mere
towards the owner or occupant of the pleasure of destroying.
property burned.
4. If committed by a syndicate. (Sec.4 PD Q: What are the elements of malicious mischief?
1613)
A:
Note: Offense is committed by a syndicate if it is 1. Offender deliberately caused damage to the
planned or carried out by a group of three or property of another
more persons.
2. Such act does not constitute arson or other
crimes involving destruction
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 269
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
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 UST GOLDEN NOTES 2011

3. Act of damaging another’s property be A:

committed merely for the sake of damaging it 1. Causing damage to obstruct the performance
of public functions.
Note: The property must be personal property.
2. Using any poisonous or
There is destruction of the property of another but there is corrosive substance.
no misappropriation. Otherwise, it would be theft if he
gathers the effects of destruction. 3. Spreading any infections among cattle.

Malicious mischief does not necessarily involve moral

4. Causing damage to the property of the
turpitude.
National Museum or National Library, or
to any archive or registry, waterworks, road,
Malicious mischief being a deliberate act cannot be
promenade, or any other thing used
committed thru negligence.
in common by the public.
Q: Mario was hired by the PNB as caretaker of its lot
DAMAGE OR OBSTRUCTION TO MEANS OF
situated in Balanga, Bataan. Consequently, Mario put
COMMUNICATION (Art. 330)
up on the said lot a sign which reads "No Trespassing,
PNB Property" to ward off squatters. Despite the sign,
Julita, believing that the said lot was owned by her Q: How is this crime committed?
grandparents, constructed a nipa hut thereon. Hence,
Mario, together with four others, tore down and A: It is committed by damaging any railway, telegraph
demolished Julita's hut. She thus filed with the MTC a or telephone lines.
criminal complaint for malicious mischief. Mario was
subsequently convicted of malicious Q: What would qualify this crime?
mischief.
A: If the damage results in any derailment of cars,
Mario admitted that he deliberately demolished collision, or other accident.
Julita's nipa hut but he, however, contends that the
third element of the crime of malicious mischief, i.e., DESTROYING OR DAMAGING STATUTES, PUBLIC
that the act of damaging another's property be MONUMENTS OR PAINTINGS (Art. 331)
committed merely for the sake of damaging it, is not
present in this case. He maintains that the demolition Q: Who are persons liable for this crime?
of the nipa hut is for the purpose of safeguarding the
interest of his employer. Was the court correct in A:
convicting 1. Any person who shall destroy or damage
Mario of malicious mischief? statutes or any other useful or ornamental
public monuments
A: Yes, Mario’s conviction for malicious mischief must 2. Any person who shall destroy or damage
be sustained. As to the third element, Mario was not any useful or ornamental painting of a
justified in summarily and extrajudicially demolishing public nature.
Julita’s nipa hut. As it is, Mario proceeded not so much
to safeguard the lot as it is the vent to his anger and EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES
disgust over the “no tresspassing” sign he placed AGAINST PROPERTY
thereon. Indeed, his act of summarily demolishing the
house smacks of his pleasure in causing damage to it. PERSONS EXEMPT FROM CRIMINAL LIABILITY
(Valeroso v. (Art. 332)
People, G.R. No. 149718. Sept. 29, 2003)
Q: What are the crimes involved in this article?
SPECIAL CASES OF MALICIOUS MISCHIEF AND
QUALIFIED MALICIOUS MISCHIEF A:
(Art. 328) 1. Theft
2. Swindling (estafa)
Q: What are the punishable acts under this article? 3. Malicious mischief

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
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BOOK 2: Crimes Against Property

Q: Who are the persons exempted under Art. 332? degree of malicious deprivation of one’s rightful property
as that which animated the robbery or theft which by their
A: The following persons are exempted from very nature are crimes of moral turpitude. (Dela Torre v.
criminal liability: COMELEC, G.R. No. 121592, July 5, 1996)
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line. Q: Who is a fence?
2. The widowed spouse with respect to the
property which belonged to the deceased A: A fence includes any person, firm, association,
spouse before the same passed into the corporation or partnership or other organization
possession of another. who/which commits the act of fencing. (Sec. 2 [b])
3. Brothers and sisters and brothers‐in‐law and
sisters‐in‐law, if living together. Q: What are the elements of fencing?

Q: Who are included in the enumeration? A:

1. A crime of robbery or theft has been
A: Included are stepfather, adopted children, committed.
natural children, concubine, and paramour.
2. Accused who is not a principal or accomplice
Note: Art. 332 also applies to common‐law spouses. in the crime, buys, receives, possesses,
keeps, acquires, conceals, or disposes, or
Exemption does not apply to strangers participating in the buys and sells, or in any manner deals in any
commission of the crime. article, item, object or anything of value,
which has been derived from the proceeds
Estafa should not be complexed with any other crime in of the crime of robbery or theft.
order for exemption to operate.
3. The accused knows or should have known
A. Anti‐Fencing Law (P.D. No. 1612) that said article, item, object or anything of
value has been derived from the proceeds
Q: What is fencing? of the crime of robbery or theft.

A: Fencing is the act of any person who, with intent to 4. There is, on the part of the accused, intent
gain for himself or for another, shall buy, receive, to gain for himself or for another.
possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any Note: Fencing under PD 1612 is a distinct crime from
article, item, object or anything of value which he theft and robbery.
knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or If the participant who profited is being prosecuted with
theft. (Sec. 2 [a]) the robber, the participant is prosecuted as an accessory.
If he is being prosecuted separately, the person who
Q: What is the essence of fencing? partook of the proceeds is liable for fencing.

A: To be liable for fencing, the offender buys or Q: Is fencing a continuing offense?

otherwise acquires and then sells or disposes of any
object of value which he knows or should be known to A: Fencing is not a continuing offense. Jurisdiction is
him to have been derived from the proceeds of the with the court of the place where the personal
crime of robbery or theft. (Caoiti v. CA, G.R. No. property subject of the robbery or theft was
128369, Dec. 22, 1997) possessed, bought, kept, or dealt with. The place
where the theft or robbery was committed was
Q: What is the nature of the crime of fencing? inconsequential.

A: Fencing is a crime involving moral turpitude. Q: When does the presumption of fencing arise?

Ratio: In fencing, actual knowledge of the fence of the fact A: The mere possession of any good, article, item,
that the property received is stolen, displays the same object, or anything of value which has been the

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 271
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

subject of robbery or thievery shall be prima facie of the crime charged

evidence of fencing. The penalty is higher
Penalty is less than that
than the penalty of an
The presumption does not offend the presumption of imposed in fencing.
accessory.
innocence enshrined in the fundamental law. It only
Malum prohibitum and
shifted the burden of proof to the defense. Burden of Malum in se and therefore
therefore there is no
proof is upon the fence to overcome the presumption. there is a need to prove
need to prove criminal
criminal intent
intent.
E.g. When the price of an article is way below ordinary
The fence need not be a
prices, this fact may serve as knowledge/notice that the natural person but may
article was derived from the proceeds of theft or robbery. be a firm, association,
Natural person only
corporation or
Q: What distinguishes fencing from robbery? partnership or other
organization
A: The law on fencing does not require the accused to
have participated in the criminal design to commit, or Q: May one who is charged as an accessory under Art.
to have been in any wise involved in the commission of, 19 par. 1 be likewise charged under P.D. 1612 for the
the crime of robbery or theft. Neither is the crime of same act?
robbery or theft made to depend on an act of fencing in
order that it can be consummated. (People v. De A: Yes. What is prohibited under the Constitution is the
Guzman, G.R. No. prosecution of the accused twice for the same
77368, October 5, 1993) offense.

Q: What is the similarity of fence and accessory in Note: The State may choose to prosecute the offender
the crimes of robbery or theft? either under the RPC or PD 1612 although preference for
the latter would seem inevitable considering that fencing
A: There is a similarity in the sense that all the acts of is a crime malum prohibitum, and PD 1612 creates a
one who is an accessory to the crimes of robbery or presumption of fencing and prescribes a higher penalty
theft are included in the acts defined as fencing. In fact, based on the value of the property. (Dizon‐Pamintuan v.
the accessory in the crimes of robbery or theft could be People, G.R. No. 111426, July 11,
prosecuted as such under the RPC or as a fence under 1994)
P.D. 1612. (Dizon‐Pamintuan v.
People, G.R. No. 111426, July 11, 1994) Q: When does obtaining a clearance/permit to
sell/used second hand articles exempt a person from
Q: What are the distinctions between P.D. 1612 and being liable under anti‐fencing law?
Art. 19 par. 1 of the RPC?
A: All stores, establishments or entities dealing in the
A: buy and sell of any good, article item, object of
FENCING ACCESSORY anything of value obtained from an unlicensed dealer
or supplier thereof, shall before offering the same for
Fencing is limited to theft
and robbery. The
sale to the public, secure the necessary clearance or
terms theft and robbery permit from the station commander of the Integrated
are used as a generic Not limited in scope National Police in the town or city where such store,
term to refer to any kind establishment or entity is located. The Chief of
of unlawful taking, not Constabulary/Director General, Integrated National
just theft or robbery Police shall promulgate such rules and regulations to
Mere possession of carry out the provisions of this section. Any person
There is no presumption of who fails to secure the clearance or permit required
stolen items creates a
violation. by this section or who violates any of the provisions of
presumption of fencing.
the rules and regulations promulgated thereunder
It is necessary to prove
Fencing is a principal shall upon conviction be punished as a fence. (Sec.6)
that the principal
crime in itself. As such, it
committed the crime.
can stand on its own.
Hence, before an B. Bouncing Checks Law (B.P. Blg. 22)
There is no need to
accessory could be held
prove that one is guilty of
liable, the principal must Q: Who are liable under B.P. 22?
theft or robbery.
have been convicted first
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

A: of the circumstances that warrant the imposition of fine

rests upon trial judge only. Should the judge deem that
1. Any person who makes or draws and issues imprisonment is
any check to apply on account or for value, appropriate, such penalty may be imposed.
knowing at the time of issue that he does not
have sufficient funds in or credit with the Q: Is being a first time offender the sole factor for
drawee bank for the payment of such check in the preferential penalty of fine alone?
full upon its presentment, which check is
subsequently dishonored by the drawee bank A: No. This circumstance is however not the sole factor
for insufficiency of funds or credit or would in determining whether he deserves the preferred
have been dishonored for the same reason penalty of fine alone. The penalty to be imposed
had not the drawer, without any valid reason, depends on the peculiar circumstances of each case. It
ordered the bank to stop payment. is the trial court’s decision to impose any penalty within
2. Having sufficient funds in or credit with the the confines of the law. (SC‐AC
drawee bank when he makes or draws and No. 13‐2001)
issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full Note: In the case of Eduardo Vaca v. CA, G.R. No. 131714,
amount of the check if presented within a Nov. 16, 1998, and Rosa Lim v. People, G.R. No. 130038,
period of 90 days from the date appearing Sept. 18, 2000, as well as in Administrative Circular No. 12‐
thereon, for which reason it is dishonored by 2000, the SC modified the sentence imposed for violation
the drawee bank.(Sec.1) of B.P. 22 by deleting the penalty of imprisonment and
Q: When is there prima facie evidence of knowledge of imposing only the penalty of fine in an amount double the
amount of the check. However, by virtue of the passage of
insufficient funds?
Administrative Circular No. 13‐2001, the SC explained that
the clear tenor of Administrative Circular No. 12‐2000 is
A: not to remove imprisonment as an alternative penalty
GR: There is a prima facie evidence of knowledge of but to lay down a rule of preference in the application of
insufficient funds when the check was presented the penalties provided
within 90 days from the date for in B.P. 22.
appearing on the check and was dishonored.
Thus, Administrative Circular No. 12‐2000 establishes a
XPN: rule of preference in the application of the penal
1. When the check was presented after 90 days provisions of B.P. 22 such that where the circumstances
from date of both the offense and the offender clearly indicates
good faith or a clear mistake of fact without taint of
2. When the maker or drawer: negligence, the imposition of fine alone should be
considered as the more appropriate penalty. Needless to
say, the determination of whether the circumstances
a. Pays the holder of the check the amount warrant the imposition of fine alone rests solely upon the
due within five banking days after judge. Should the judge decide that imprisonment is the
receiving notice that such check more appropriate penalty, Administrative Circular No.
has not been paid by the drawee 12‐
2000 ought not to be deemed a hindrance.
b. Makes arrangements for payment in full
by the drawee of such check within five The discretion lies on the Court whether or not they will
banking days after notice impose the penalty of imprisonment in cases of violation
of non‐payment. of BP 22.

Q: What penalty may be imposed by the judge for C. Anti‐Carnapping Act of 1972 (R.A. 6539)
violation of B. P. 22?
(1) Definition of terms
A: SC‐AC No. 12‐2000, as clarified by SC‐AC No. 132001,
established a rule on preference in imposing the Q: What is carnapping?
penalties. When the circumstances of the case clearly
indicate good faith or clear mistake of fact alone may be A: Carnapping is the taking, with intent to gain, of a
considered as the preferred penalty. The determination motor vehicle belonging to another without the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 273
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

latter’s consent, or by means of violence against or A: "Remodeling" is the introduction of some changes in
intimidation of person, or by using force upon things. the shape or form of the body of the motor
vehicle.lawphi1™
Note: The overt act which is being punished under this law
as carnapping is also the taking of a motor vehicle Q: What is dismantling?
under circumstances of theft or robbery.
A: "Dismantling" is the tearing apart, piece by piece
Q: What is a motor vehicle? or part by part, of a motor vehicle.

A: Motor vehicle" is any vehicle propelled by any power Q: What is overhauling?

other than muscular power using the public highways,
but excepting road rollers, trolley cars, street‐sweepers, A: Overhauling" is the cleaning or repairing of the whole
sprinklers, lawn mowers, bulldozers, graders, fork‐lifts, engine of a motor vehicle by separating the motor
amphibian trucks, and cranes if not used on public engine and its parts from the body of the motor vehicle.
highways, vehicles, which run only on rails or tracks,
and tractors, trailers and traction engines of all kinds Q: How is carnapping committed?
used exclusively for agricultural purposes. Trailers
having any number of wheels, when propelled or A: It can be committed in two ways:
intended to be propelled by attachment to a motor
vehicle, shall be classified as separate motor vehicle
1. When the subject matter is a motor vehicle
with no
and the motor vehicle is unlawfully taken
power rating.lawphi1™
through violence, threat
or intimidation;
Q: What do you mean by defacing or tampering
with a serial number?
Illustration:

A: "Defacing or tampering with" a serial number is the Pedro is about to leave from UST. Upon boarding
erasing, scratching, altering or changing of the original his car, he was poked by X with a gun. X
factory‐inscribed serial number on the motor vehicle subsequently, took Pedro’s car.
engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial 2. In any other unlawful means.
number on its motor engine, engine block or chassis
which is different from that which is listed in the
Illustration:
records of the Bureau of Customs for motor vehicles
imported into the Philippines, that motor vehicle shall
Pedro, a law student parked his car
be considered
somewhere. While attending his Criminal 2
to have a defaced or tampered with serial number. class, Pedro’s car was taken.

Q: What is repainting? Note: In either case, the taking is always unlawful from
the beginning.
A: Repainting is changing the color of a motor vehicle by
means of painting. There is repainting whenever the Q: Suppose Pedro’s driver drove away his car, is it
new color of a motor vehicle is different from its color carnapping?
as registered in the Land
Transportation Commission. A: No. The taking of the vehicle is not unlawful from
the beginning because the driver was authorized to
Q: What is body building? use the vehicle. The crime is qualified theft of a
motor vehicle under Article 310 of the RPC.
A: "Body‐building" is a job undertaken on a motor
vehicle in order to replace its entire body with a new Note: If the motor vehicle was not taken by the offender
body. but was delivered by the owner or possessor to the
offender, who thereafter misappropriated the
Q: What is remodeling? same, the crime is either qualified theft or estafa.

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

Qualified theft of a motor vehicle is the crime if only the and shall be considered as untaxed imported motor
material or physical possession was yielded to the vehicles or motor vehicles carnapped or proceeding from
offender; otherwise, if juridical possession was also illegal sources.
yielded, the crime is estafa.
(3) Who are liable
(2) Registration
(a) Duty of collector of customs
Q: In what instances is registration required?
Q: What is the duty of collector of customs?
A:
A: The Collector of Customs of a principal port of entry
1. Registration of motor vehicle engine, engine where an imported motor vehicle, motor vehicle
block and chassis engine, engine block chassis or body is unloaded, shall,
within 7 days after the arrival of the imported motor
Note: Within one year after the approval of this Act, every vehicle or any of its parts enumerated herein, make a
owner or possessor of unregistered motor vehicle or parts report of the shipment to the Land Transportation
thereof in knock down condition shall register with the Commission, specifying the make, type and serial
Land Transportation Commission the following: numbers, if any, of the motor vehicle engine, engine
1. Motor vehicle engine
block and chassis or body, and stating the names and
2. Engine block
addresses of the owner or consignee thereof.
3. Chassis
Note: If the motor vehicle engine, engine block, chassis or
Q: Who shall register? body does not bear any serial number, the Collector of
Customs concerned shall hold the motor vehicle engine,
A: The owner in his name or in the name of the real engine block, chassis or body until it is numbered by the
owner who shall be readily available to answer any Land Transportation Commission.
claim over the registered motor vehicle engine, engine
block or chassis. (b) Duty of importers, distributors and sellers

Q: What is the effect if motor vehicle engines, Q: What is the duty of importers, distributors and
engine blocks and chassis are not registered? sellers?

A: It shall be considered as: A: Any person engaged in the importation, distribution,

1. Untaxed importation and buying and selling of motor vehicles, motor vehicle
2. Coming from an illegal source engines, engine blocks, chassis or body, shall:
3. Carnapped 1. Keep a permanent record of his stocks, stating
therein:
Note: It shall be confiscated in favor of the a. Their type, make and serial
Government. numbers, and the names and
addresses of the persons from
Note: All owners of motor vehicles in all cities and whom they were acquired and
municipalities are required to register their cars with the b. The names and addresses of the
local police without paying any charges. persons to whom they were
sold, and
2. Registration of sale, transfer, conveyance, 2. Render an accurate monthly report of his
substitution or replacement of a motor transactions in motor vehicles to the Land
vehicle engine, engine block or chassis. Transportation Commission.

Note: It shall be made with the Land Transportation a. Clearance and permit
Commission.
Q: When is clearance and permit required?
Motor vehicles assembled and rebuilt or repaired by
replacement with motor vehicle engines, engine blocks and A:
chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 275
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

1. For assembly or rebuilding of motor vehicles. - under any of the following provisions of the:
Any person who shall undertake to assemble
or rebuild or cause the assembly or rebuilding a. RPC:
of a motor vehicle shall first secure a i. Piracy in General and Mutiny in the
certificate of clearance from the Philippine High Seas or in the Philippine Waters ii.
Constabulary Rebellion or Insurrection
iii. Coup d'etat, including acts committed
Note: That no such permit shall be issued unless by private persons
the applicant shall present a statement under iv. Murder
oath containing the type, make and serial v. Kidnapping and Serious Illegal
numbers of the engine, chassis and body, if any, Detention vi. Crimes Involving
and the complete list of the spare parts of the
Destruction; or
motor vehicle to be assembled or rebuilt
together with the names and addresses of the
sources
b. Special Penal Laws:
thereof. i. The Law on Arson
ii. Toxic Substances and Hazardous and
Note: In the case of motor vehicle engines to be mounted Nuclear Waste Control Act of 1990 iii.
on motor boats, motor bancas and other light water Atomic Energy Regulatory and Liability
vessels, the applicant shall secure a permit from the Act of 1968 iv. Anti‐
Philippine Coast Guard, which office shall in turn furnish Hijacking Law
the Land Transportation Commission the pertinent data v. Anti‐Piracy and Anti‐Highway Robbery
concerning the motor vehicle engines including their type, Law of 1974 and vi. Decree Codifying the
make and serial numbers. Laws on Illegal and Unlawful Possession,
Manufacture, Dealing In, Acquisition or
2. Clearance required for shipment of motor Disposition of
vehicles, motor vehicle engines, engine blocks, Firearms, Ammunitions or Explosives
chassis or body‐ Any person who owns or
operates inter‐island shipping or any water Note: The abovementioned act must:
transportation with launches, boats, vessels 1. Sow and create a condition of widespread and
or ships shall within 7 days submit a report to extraordinary fear and panic among the
the Philippine Constabulary on all motor populace
vehicle, motor vehicle engines, engine blocks, 2. Coerce the government to give in to an unlawful
chassis or bodies transported by it for the demand. (Sec. 3)
motor vehicle, motor vehicle engine, engine
block, chassis or body to be loaded on 2. Persons who conspire to commit the crime of
board the launch, boat vessel or ship. terrorism.

(4) Punishable acts E. Anti‐Arson Law (P.D.1613)

Q: What are the punishable acts? Q: Who are liable under P.D. 1613

A: Any person who:

A:
1. Defacing or tampering with serial numbers of
1. Burns or sets fire to the property of another
motor vehicle engines, engine blocks and
chassis.
2. Carnapping

D. Human Security Act of 2007 (R.A. 9372)

Q: What are the punishable acts of terrorism?

A:

1. Any person who commits an act punishable

CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

5
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Property

2. Any person who person sets fire to his ACADEMICS CHAIR:LESTER JAY ALAN II
own property under circumstances which V ICE FOR ACADEMICS: KAREN SABUGO
expose to danger the life or property of
4. Any plantation, farm, pastureland,
another.(Sec.1)
growing crop, grain field, orchard,
bamboo grove or forest
Q: When is there destructive arson?

5. Any rice mill, sugar mill, cane mill or mill

A: When the property burned is: central

1. Any ammunition factory and other 6. Any railway or bus station, airport, wharf
establishment where explosives, or warehouse.(Sec.3)
inflammable or combustible materials are
stored.
Q: What are the aggravating circumstance under
P.D. 1613?
2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services. A:

1. If committed with intent to gain

3. Any church or place of worship or other
building where people usually assemble.
2. If committed for the benefit of another

4. Any train, airplane or any aircraft, vessel

or watercraft, or conveyance for 3. If the offender is motivated by spite or
transportation of persons or property hatred towards the owner or occupant of
the property burned

5. Any building where evidence is kept for

use in any legislative, judicial, 4. If committed by a syndicate
administrative or other official
proceedings. Note: The offense is committed by a syndicate if its is
planned or carried out by a group of three (3) or more
persons.
6. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping
center, public or private market, theater If the foregoing circumstance(s) are present, the
or movie house or any similar place or penalty shall be imposed to its maximum
building. period.(Sec.4)
XI. CRIMES AGAINST CHASTITY
7. Any building, whether used as a dwelling
Q: What are private crimes?
or not, situated in a populated or
congested area.(Sec.2)
A: The crimes of adultery, concubinage, seduction,
abduction and acts of lasciviousness are the
Q: What are the other cases of Arson? socalled private crimes. They cannot be
prosecuted except upon the complaint initiated by
A: When the property burned is: the
offended party.
1. Any building used as offices of the
Ratio: The law regards the privacy of the offended
government or any of its agencies
party here as more important than the disturbance to
the order of society. The law gives the offended
2. Any inhabited house or dwelling party
the preference whether to sue or not to sue.
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 277

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

But the moment the offended party has initiated the 3. The man may not know that the woman
criminal complaint, the public prosecutor will take is married, in which case, the man is
over and continue with prosecution of the offender. innocent.
This is so because when the prosecution starts, the
crime already becomes public and it is beyond the 4. Death of the woman during the pendency
offended party to pardon the offender. of the action cannot defeat the trial and
conviction of the man.
ADULTERY AND CONCUBINAGE
5. Even if the man had left the country and
ADULTERY could not be apprehended, the woman
(Art. 333) can be tried and convicted.

Q: What are the elements of adultery? Q: What is the rationale of the law for penalizing
adultery?
A:
1. Woman is married A: The violation of the marriage vow seems to be
2. She has sexual intercourse with a man the fundamental ground for the punishment of
not her husband adultery and not the possibility of introducing an
3. As regards the man with whom she has offspring into the family.
sexual intercourse, he must know her to
be married Note: Even a married woman who due to her age, can
no longer conceive, is liable for adultery.
Note: For adultery to exist, there must be a marriage
although it be subsequently annulled. However, even Pardon must come before the institution of the
if the marriage of a guilty woman with the offended criminal prosecution. Both the offenders must be
party be subsequently declared void, there is still pardoned by the offended party.
adultery because until the marriage is declared to be
null and void by competent authority in a final
Q: How is adultery
judgment, the offense to the vows taken and the
attack to the family exist. distinguished from prostitution?

Adultery is an instantaneous A:
crime which is consummated and completed at ADULTERY PROSTITUTION
the moment of the carnal union. It is a crime against public
It is a private offense.
morals.
A single intercourse consummates the crime of Committed by a woman
adultery. Each sexual intercourse constitutes a crime whether married or not, Committed by a married
of adultery, even if it involves the same man. who for money or profit, woman who shall have
habitually indulges in intercourse with a man
There is no frustrated adultery because of the nature sexual intercourse or not her husband.
of the offense. lascivious conduct.

Abandonment without justification is not exempting, CONCUBINAGE

but only mitigating circumstance. (Art. 334)

Q: Is acquittal of one of the defendants operates Q: What are the punishable acts?
as a cause of acquittal of the other?
A:
A: No, because of the following reasons: 1. Keeping a mistress in the conjugal dwelling.
1. There may not be a joint criminal intent, 2. Having sexual intercourse, under
although there is joint physical act. scandalous circumstances, with a woman
who is not his wife.
2. One of the parties may be insane and the 3. Cohabiting with her in any other place.
other sane, in which case, only the sane
could be held liable criminally. Note: Unlike in adultery where a single sexual
intercourse may constitute such a crime, in
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Chastity

concubinage, a married man is liable only when he If the charge is cohabiting with a woman not his
does the above acts. wife in any other place, proof of actual sexual
intercourse may not be necessary too. But the term
Q: What are the elements of concubinage? “cohabit” means intercourse together as husband
or wife or living together as husband and wife. The
A: cohabitation must be for some period of time
1. Man must be married. which may be a week, a year or longer as
distinguished from occasional or transient meetings
2. He committed any of the following acts: for unlawful
a. Keeping a mistress in the conjugal sexual intercourse.
dwelling; or
b. Having sexual intercourse, under Q: May a husband be liable for concubinage and
scandalous circumstances, with a adultery at the same time for the same act of illicit
woman who is not his wife; or intercourse with the wife of another man?
c. Cohabiting with her in any other
place. A: Yes, when the husband commits concubinage
with a married woman and provided that the two
3. As regards the woman, she must know offended parties, i.e., his wife and the husband of
him to be married. his mistress file separate cases against him.

Q: Who is included in the complaint? ACTS OF LASCIVIOUSNESS

A: The complaint must include both parties if they Q: What are the two kinds of acts of
are both alive. In case of pardon or when the lasciviousness?
offended spouse consented, the same shall bar the
prosecution of the offenses, provided it be done A: Acts of lasciviousness:
before the institution or filing of criminal complaint. 1. Under Article 336 (Acts of lasciviousness)
2. Under Article 339 (Acts of lasciviousness
Only the offended spouse can with the consent of the offended party)
bring the prosecution.
ACTS OF LASCIVIOUSNESS
This is a crime committed by the married man, the (Art. 336)
husband. Similarly, it includes the woman who had
a relationship with the married man. Q: What are the elements of this crime?

Note: Concubinage involves moral turpitude. A:

Concubinage is a continuing crime. 1. Offender commits any act of
lasciviousness or lewdness.
Illustration: 2. Act of lasciviousness is committed against
a person of either sex.
If the charges consist in keeping a mistress in the 3. It is done under any of the following
conjugal dwelling, there is no need of proof of sexual circumstances:
intercourse. The conjugal dwelling is the house of the a. By using force or intimidation;
spouses even if the wife happens to be temporarily b. When the offended party is deprived
absent therefrom. The woman however must be of reason or otherwise unconscious;
brought to the conjugal house by the accused as
c. By means of fraudulent machination
concubine to fall under this article. Thus, if the
or grave abuse of authority;
coaccused was voluntarily taken and sheltered by the
d. When the offended party is under 12
spouses in their house, and treated as an adopted
child being a relative of the complaining wife, her illicit years of age or is demented.
relations with the accused husband does not make her
a mistress. Note: Under Art. 336, acts of lasciviousness is
committed when the act performed with lewd design
Illustration: was perpetrated under circumstances which would
have brought about the crime of rape if sexual

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 279
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

intercourse was effected. lasciviousness and attempted rape?

A:

Illustration:

When the accused not only kissed and embraced the

complainant but also fondled her breast with
particular design to independently derive vicarious
pleasure therefrom, the element of lewd design exists.

If lewd design cannot be proven as where the accused

merely kissed and embraced the complainant either
out of passion or other motive, touching her breast as
a mere incident, the act would be categorized as Illustration:
unjust vexation. (People v. Climaco, 46 O.G. 3186)
Thus, when the accused lifted the dress of the
Q: Who may be the offended party? offended party, and placed himself on top of her but
the woman awoke and screamed for help and despite
that, the accused persisted in his purpose, tearing the
A: The offended party may be a man or a woman: drawers, kissing and fondling her breasts, the crime is
1. Under 12 years of age; or not only acts of lasciviousness but that of attempted
2. Being over 12 years of age, the lascivious rape.
acts were committed on him or her
through violence or intimidation, or SEDUCTION, CORRUPTION OF MINORS AND
while the offender party was deprived of WHITE SLAVE TRADE
reason, or otherwise unconscious.
SEDUCTION
Q: What is required in order to sustain conviction
for acts of lasciviousness? Q: How is seduction committed?

A: It is essential that the acts complained of be A: Seduction is committed by enticing a woman to

prompted by lust or lewd designs and that the unlawful sexual intercourse by promise of marriage
victim did not consent or encourage such acts. or other means of persuasion without use of force.

Q: Is intent to rape an element of the crime? QUALIFIED SEDUCTION

(Art. 337)
A: Intent to rape is not a necessary element of the
crime of acts of lasciviousness; otherwise, there Q: What are the acts that constitute qualified
would be no crime of attempted rape. seduction?

Note: There can be no frustration of acts of

A:
lasciviousness, or rape or of adultery.
1. Seduction of a virgin over 12 years and
under 18 years of age by certain persons,
Ratio: From the moment the offender performs all
such as, a person in authority, priest,
elements necessary for the existence of the felony, he
teacher, etc.; and
actually attains his purpose and, from that moment, all
the essential elements of the offense have been
accomplished. Elements:
a. Offended party is a virgin which is
Q: What are the distinctions between acts of presumed if she is unmarried and of
good reputation
ACTS OF
ATTEMPTED RAPE b. fShe is over 12 and under 18 years of
LASCIVIOUSNESS
age
Purpose is only to c. Offender has sexual intercourse with
Purpose is to lie with the
commit acts of her
offended woman.
lewdness.
Lascivious acts are
CRIMINAL LAW TEAM: Lascivious acts are but the
themselves the final
preparatory acts to the
objective sought by

6
ADVISER: Jof
commission RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
rape.
UDGE
the offender.
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Chastity

d. There is abuse of authority,

confidence or relationship on the Although in qualified seduction, the age of the
part of the offender offended woman is considered, if the offended party is
a descendant or a sister of the offender – no matter
2. Seduction of a sister by her brother, or how old she is or whether she is a prostitute – the
descendant by her ascendant, regardless crime of qualified seduction is committed.
of her age or reputation.
Deceit is not necessary in qualified seduction.
Note: In this case, it is not necessary that
the offended party is still a virgin. Q: What is the meaning of virginity for purposes of
qualified seduction?
Q: Who are the persons liable for qualified
seduction? A: Virginity does not mean physical virginity. It
refers to a woman of chaste character or virtuous
A: woman of good reputation.
1. Those who abused their authority:
Note: Virginity is not to be understood in so a material
a. Person in public authority
sense as to exclude the idea of abduction of a virtuous
b. Guardian
woman of a good reputation. Thus, when the accused
c. Teacher
claims he had prior sexual intercourse with the
d. Person who, in any capacity, is complainant, the latter is still to be considered a virgin.
entrusted with the education or But if it was established that the girl had carnal
custody of the woman seduced relations with other men, there can be no crime of
Seduction as she is not a virgin.
2. Those who abused confidence reposed in
them: SIMPLE SEDUCTION
a. Priest (Art. 338)
b. House servant
c. Domestic Q: What are the elements of simple seduction?

Illustration: A:
1. Offended party is over 12 and under 18
Where the complainant who is 16 years old years of age.
lives in the same house where the accused, 2. She must be of good reputation, single or
her uncle, also lives, the latter is guilty of widow.
Qualified Seduction when he had sexual 3. Offender has sexual intercourse with her.
intercourse with her with consent since he
4. It is committed by means of deceit.
is considered a domestic. (People v.
Subingsubing, G.R. Nos. 104942‐43 Nov.25,
Note: Virginity of offended party is not required.
1993)

The deceit generally takes form of an unfulfilled

A domestic is applied to a person usually
promise to marry, and this promise need not
living under the same roof, pertaining to the
immediately precede the sexual act.
same house, and constituting in this sense a
part thereof, distinguishing it from the term
servant. (People vs. Alvarez, 55 SCRA 92) ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF
3. Those who abused their relationship: THE OFFENDED PARTY (Art. 339)
a. Brother who seduced his sister
b. Ascendant who seduced his Q: What are the elements of this crime?
descendant
A:
Note: Qualified seduction involves sexual intercourse 1. Offender commits acts of lasciviousness
which was done with the consent of the woman; or lewdness.
otherwise, the crime is rape. The offended woman
must be over 12 but below 18 years.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 281
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Acts are committed upon a woman who is Note: Victim must be of good reputation, not a
virgin or single or widow of good prostitute or corrupted person.
reputation, under 18 years of age but
over 12 years, or a sister or descendant Under the present wordings of the law, a single act of
regardless of her reputation or age. promoting or facilitating the corruption or prostitution
of minor is sufficient to constitute violation of this
3. Offender accomplishes the acts by abuse article.
of authority, confidence, relationship, or
Illustration:
deceit.

This is usually the act of a pimp who offers to pleasure

4. Male cannot be the offended party in this
seekers, women for the satisfaction of their lustful
crime.
desires. A mere proposal would consummate the
crime. But it must be to satisfy the lust of another, not
Note: In other words, where the acts of the offender his (proponent’s). The victim must be below 18.
were limited to acts of lewdness or lasciviousness, and
no carnal knowledge was had, but had there been
WHITE SLAVE TRADE
sexual intercourse, the offense would have been
seduction, he is guilty of Acts of Lasciviousness under
(Art. 341)
this article.
Q: What are the punishable acts?
Q: Distinguish Acts of lasciviousness under Art.
336 from Art. 339. A:
1. Engaging in the business of prostitution
A:
2. Profiting by prostitution

3. Enlisting the service of women for the

purpose of prostitution
carnal knowledge, would there been carnal
amount to rape. knowledge, would Q: What are the distinctions between corruption
amount to either of minors and white slave trade?
qualified seduction or
simple seduction. A:
The offended party is The offended party May not necessarily be
Generally for profit
a female or male should only be female for profit
ARTICLE 336 ARTICLE 339 Committed by a single Generally, committed
The acts are committed The acts of act habitually
under circumstances lasciviousness are
which had there been committed under the ABDUCTION
circumstances which had
Q: What is abduction?
CORRUPTION OF MINORS
(Art. 340, as amended by B.P. 92) A: Abduction is the taking away of a woman from
her house or the place where she may be for the
Q: Who are the persons liable under this article? purpose of carrying her to another place with intent
to marry or to corrupt her.
A: Any person who shall promote or facilitate the
prostitution or corruption of persons under age to Q: What are the kinds of abduction?
satisfy the lust of another.
A:
Q: Is it necessary that unchaste acts are done? 1. Forcible abduction (Art. 342)
2. Consented abduction (Art 343)
A: No. Mere proposal consummates the offense.
Q: What are elements of forcible abduction?

CRIMINAL LAW TEAM:

6
CORRUPTION OF ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY WHITE
BINAY, MARIA CARMELLA BUSTONERA , MSLAVE TRADE
ARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
MINORS
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA
It is essential that Minority not need not be

8
SAIPUDIN, ADRIAN VALBUENA
victims are minors established
Victims are of either sex Victims are females
6
BOOK 2: Crimes Against Chastity

A: 4. Taking away of the offended party must

1. Person abducted is any woman, be with lewd designs.
regardless of her age, civil status, or
reputation Illustration:

2. Abduction is against her will If the offended party is under 12 years of age, crime
committed is forcible abduction, even if the girl agrees
3. Abduction is with lewd designs to the elopement.

Note: If the female abducted is under 12 years of age, In consented abduction, it is not necessary that the
the crime is forcible abduction, even if she voluntarily young victim (a virgin over twelve and under 18) be
goes with her abductor. personally taken from her parent’s home by the
accused; it is sufficient that he was instrumental in
leaving the house. He must however use solicitation,
Where lewd design was not proved or shown, and the
cajolery or deceit, or honeyed promises of marriage to
victim was deprived of her liberty, the crime is
induce the girl to escape from her home.
kidnapping with serious illegal detention under Art.
267.
Ratio: Actually, the purpose of the law is not to punish
the wrong done to her, because she consented
Illustration:
thereto but to prescribe punishment for the disgrace
of her family and the alarm caused to the parents by
If the accused carried or took away the victim by
the disgrace of a beloved one who by her age and sex,
means of force and with lewd design and thereafter
is susceptible of deceit, cajolery and even perdition.
raped her, the crime is forcible abduction with rape,
(U.S. v. Reyes, 20 Phil. 510)
the former being a necessary means to commit the
latter. The subsequent 2 other sexual intercourses
committed against the will of the complainant would
PROVISIONS RELATIVE TO THE PRECEDING
be treated as independent separate crimes of Rape. CHAPTERS OF TITLE ELEVEN
(People v. Bacalso, G.R. No. 94531‐32, June 22, 1992)
PROSECUTION OF THE CRIMES OF ADULTERY,
Q: Is sexual intercourse necessary? CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE,
AND ACTS OF LASCIVIOUSNESS
A: Sexual intercourse is not necessary in forcible
abduction, the intent to seduce a girl is sufficient. Q: Distinguish adultery and concubinage vis‐à‐vis
seduction, abduction, rape and acts of
Note: There is no complex crime of forcible abduction lasciviousness.
with attempted rape because the attempt to rape is
absorbed by the abduction. A:
named above.
Q: What are the elements of consented
abduction? Pardon
Must be made by the An express pardon by the
A: offended party to offended party or other
1. Offended party must be a virgin. both the offenders. persons named in the law to
the offender, as the case may
2. She must be over 12 and under 18 years May be a bar to be, bars prosecution.
of age. prosecution if made
before the institution GR: Parent cannot validly
of the criminal action. grant pardon to the offender
3. Taking away of the offended party must without the express pardon of
be with her consent, after solicitation or May be express or the girl.
cajolery from the offender. implied.
XPN: When she is dead or
otherwise incapacitated to
SEDUCTION, ABDUCTION, grant it, that her parents,
ADULTERY AND grandparents or guardian may
RAPE OR ACTS OF
CONCUBINAGE do so for her.
LASCIVIOUSNESS
Prosecution
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS
Must be Fprosecuted
Must be prosecuted upon
OR ACADEMICS: KAREN JOYcomplaint
G. SABUGO &signed by:C. MENDOZA
JOHN HENRY 283
upon complaint 1. Offended party
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE Csigned
HAIRS FORby the AND DESIGN2.: EHer
LAYOUT parents
ARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
offended spouse 3. Grandparents, or
4. Guardians in the order
 UST GOLDEN NOTES 2011

Q: What is the civil liability of the adulterer and

GR: Pardon by the offended the concubine?
party who is a minor must
have the concurrence of A: To indemnify for damages caused to the
parents. offended spouse.

XPN: When the offended girl Note: No civil liability is incurred for acts of
has no parents who could lasciviousness.
concur in the pardon.
Q: What is the liability of ascendants, guardians,
Note: Both the guilty parties, if both alive must be teachers or other persons entrusted with the
included in the complaint for adultery or concubinage. custody of the offended party?

GR: Offended party, even if a minor, has the right A: Persons who cooperate as accomplices but are
to institute the prosecution for the above punished as principals in rape, seduction, abduction
mentioned offenses, independently of her parents,
etc. They are:
grandparents or guardian.
1. Ascendants
2. Guardians
XPN: If she is incompetent or incapable of doing so
3. Curators
upon grounds other than her minority.
4. Teachers
5. Any other person who cooperates as
If the offended woman is of age, she should be the one
accomplice with abuse of authority or
to file the complaint.
confidential relationship
Q: Who may file the complaint where offended
A. Anti‐Photo and Video Voyeurism Act of 2009
minor fails to file the same?
(R.A. 9995)
A:
Q: What are the prohibited acts under R.A. 9995
1. Parents
2. Grandparents
3. Guardian A:

Note: Right to file the action granted to the parents, 1. To take photo or video coverage of a
grandparents or guardian is exclusive and successive in person or group of persons performing
the order provided. sexual act or any similar activity or to
capture an image of the private area of a
Q: What is the legal effect of the marriage of the person/s such as the naked or
offender and the offended party? undergarment clad genitals, public area,
buttocks or female breast without the
A: Marriage of the offender with the offended consent of the person/s involved and
party in seduction, abduction, acts of lasciviousness under circumstances in which the
and rape, extinguishes criminal action or remits the person/s has/have a reasonable
penalty already imposed. expectation of privacy
CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES 2. To copy or reproduce, or to cause to be
AGAINST CHASTITY copied or reproduced, such photo or
video or recording of sexual act or any
Q: What is the civil liability of persons guilty of similar activity with or
rape, seduction or abduction? without
consideration
A: 3. To sell or distribute, or cause to be sold
1. To indemnify the offended woman or distributed, such photo or video or
2. To acknowledge the offspring, unless the recording of sexual act, whether it be the
law should prevent him from doing so original copy or reproduction thereof; or
3. In every case to support the offspring 4. To publish or broadcast, or cause to be
published or broadcast, whether in print
or broadcast media, or show or exhibit
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Chastity

the photo or video coverage or child exploited in prostitution or subject

recordings of such sexual act or any to other sexual abuse
similar activity through VCD/DVD,
internet, cellular phones and other Note: Provided, That when the victims is
similar means or device. under 12 years of age, the perpetrators shall
be prosecuted under Article 335, paragraph
Note: The prohibition under paragraphs (2), (3) and 3, for rape and Article 336 of Act No. 3815,
(4) shall apply notwithstanding that consent to as amended, the RPC, for rape or lascivious
record or take photo or video coverage of the same conduct, as the case may be.
was given by such person/s. Any person who violates
this provision shall be liable for photo or video Provided, That the penalty for lascivious
voyeurism as defined herein. conduct when the victim is under 12 years
of age shall be reclusion temporal in its
medium period
B. Special Protection of Children Against Child
Abuse, Exploitation, and Discrimination Act
3. Those who derive profit or advantage
(R.A. 7610, as amended)
therefrom, whether as manager or owner
of the establishment where the
(1) Child Prostitution and other acts of abuse
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
Q: What are the punishable acts?
or establishment serving as a cover or
which engages in prostitution in addition
A: The Punishable acts are the ff: to the activity for which the license has
been issued to said establishment.
1. Those who engage in or promote,
facilitate or induce child prostitution Q: When is there an attempt to commit Child
which include, but are not limited to, the Prostitution?
following:
A: There is an attempt to commit child prostitution
a. Acting as a procurer of a child when:
prostitute
1. Any person who, not being a relative of a
b. Inducing a person to be a client of a child, is found alone with the said child
child prostitute by means of written inside the room or cubicle of a house, an
or oral advertisements or other inn, hotel, motel, pension house,
similar means apartelle or other similar establishments,
vessel, vehicle or any other hidden or
c. Taking advantage of influence or secluded area under circumstances which
relationship to procure a child as would lead a reasonable person to
prostitute believe that the child is about to be
exploited in prostitution and other sexual
d. Threatening or using abuse.
violence towards a child to
engage him as a 2. Any person is receiving services from a
prostitute child in a sauna parlor or bath, massage
clinic, health club and other similar
e. Giving monetary consideration establishments.
goods or other pecuniary benefit to
a child with intent to engage such Q: What is the difference between prosecution for
child in acts of lasciviousness under Art. 336, RPC and RA
prostitution 7610?
A
2. Those who commit the act of sexual :
intercourse of lascivious conduct with a when the victim is under
12 years of age
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 285
Art. 336 RPC RA 7610
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VShall be FOR
ICE CHAIRS punished
LAYOUT Aby The
ND DESIGN: EARL penalty
LOUIE shall be
M. MASACAYAN & T1HEENA C. MARTINEZ
prision correccional degree higher than that
penalty imposed by law
 UST GOLDEN NOTES 2011

Note: Trafficked persons shall be recognized as victims

Note: The penalty for of the act or acts of trafficking and as such shall not be
lascivious conduct when penalized for crimes directly related to the acts of
the victim is below 12 trafficking enumerated in this Act or in obedience to
years old shall be the order made by the trafficker in relation thereto. In
reclusion temporal in its this regard, the consent of a trafficked person to the
medium period. (Sec. 5, intended exploitation set forth in this Act shall be
RA 7610) irrelevant. (Sec. 17)

(2) Obscene publications and indecent shows Q: What are the punishable acts under R.A. 9208?

Q: How are obscene publications and indecent A: It shall be unlawful for any person, natural or
shows committed? juridical, to commit any of the following acts:

A: Any person who shall hire, employ, use, 1. To recruit, transport, transfer; harbor,
persuade, induce or coerce a child to perform in provide, or receive a person by any
obscene exhibitions and indecent shows, whether means, including those done under the
live or in video, or model in obscene publications or pretext of domestic or overseas
pornographic materials or to sell or distribute the employment or training or
said materials. apprenticeship, for the purpose of
prostitution, pornography, sexual
If the child used as a performer, subject or exploitation, forced labor, slavery,
seller/distributor is below 12 years of age, the involuntary servitude or debt bondage
penalty shall be imposed in its maximum period. 2. To introduce or match for money, profit,
(Sec. 9) or material, economic or other
consideration, any person or, as provided
C. Anti‐Trafficking in Persons Act of 2003 for under RA. 6955, any Filipino woman
(R.A. 9208) to
a foreign national, for marriage for the co al or sale of organs of said
purpose of acquiring, buying, offering, erc person
selling or trading him/her to engage in ion 8. To recruit, transport or adopt a
prostitution, pornography, sexual , child to engage in armed
exploitation, forced labor, slavery, or activities in the
involuntary servitude or debt bondage in Philippines or abroad. (Sec.4)
3. To offer or contract marriage, real or ti
simulated, for the purpose of acquiring, mi D. Anti‐Violence against Women
buying, offering, selling, or trading them da and their
to engage in prostitution, pornography, tio Children Act of 2004 (R.A. 9262)
sexual exploitation, forced labor or n
slavery, involuntary servitude or debt forQ: What are the punishable acts?
bondage th
4. To undertake or organize tours and travel e A: The crime of violence against women
plans consisting of tourism packages or pu and their children is committed through
activities for the purpose of utilizing and rp any of the following acts:
offering persons for prostitution, os
pornography or sexual exploitation e
1. Causing physical harm to the
5. To maintain or hire a person to engage in of
woman or her child
prostitution or pornography re
6. To adopt or facilitate the adoption of m
2. Threatening to cause the
persons for the purpose of prostitution, ov
woman or her child physical
pornography, sexual exploitation, forced
harm
labor, slavery, involuntary servitude or
debt bondage
3. Attempting to cause the woman
7. To recruit, hire, adopt, transport or
or her child physical harm
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

8
SAIPUDIN, ADRIAN VALBUENA
6
BOOK 2: Crimes Against Chastity

4. Placing the woman or her child in fear of C al activity which does not constitute rape,
imminent physical harm a by force or threat of force, physical harm,
u or through intimidation directed against
5. Attempting to compel or compelling the si the woman or her child or her/his
woman or her child to engage in conduct n immediate family
6. g
o Engaging in purposeful, knowing, or
r reckless conduct, personally or through
a another, that alarms or causes substantial
7. tt emotional or psychological distress to the
e woman or her child. This shall include, but
m not be limited to, the following acts:
p
ti
n
g
t
8. which the woman or her child has the right to o
desist from or desist from conduct which the c
woman or her child has the right to engage in, or a
attempting to restrict or restricting the woman's or u
her child's freedom of movement or conduct by s
force or threat of force, physical or other harm or e
threat of physical or other harm, or intimidation t
directed against the woman or child. This shall h
include, but not limited to, the following acts e
committed with the purpose or effect of controlling w
or restricting the woman's or her child's o
movement or conduct: m
a
a. Threatening to deprive or actually depriving n
the woman or her child of o
custody to her/his family r
h
b. Depriving or threatening to deprive the e
woman or her children of financial support r
legally due her or her family, or deliberately c
providing the woman's children insufficient hi
financial support ld
t
c. Depriving or threatening to deprive the o
woman or her child of a legal right e
n
g
d. Preventing the woman in engaging in any
a
legitimate profession, occupation, business or
g
activity or controlling the victim's own money
e
or properties, or solely controlling the conjugal
in
or common money, or properties
a
n
Inflicting or threatening to inflict physical harm on
y
oneself for the purpose of controlling her actions or
s
decisions
e
x
u

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS

V
ICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA 287
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 BOOK 2: Crimes Against Chastity

a. Stalking or following the woman or her b. The above acts would impair the
child in public or private places employee’s rights or privileges under
existing labor laws; or
b. Peering in the window or lingering
outside the residence of the woman
or her child ACADEMICS CHAIR:LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO

c. Entering or remaining in the dwelling
or on the property of the woman or c. The above acts would result in an
her child against her/his will intimidating, hostile, or offensive
environment for the employee.
d. Destroying the property and personal
belongings or inflicting harm to animals 2. In an education or training environment, sexual
or pets of the harassment is committed:
woman or her child
a. Against one who is under the care, custody
e. Engaging in any form of harassment or supervision of the offender
or violence; b. Against one whose education, training,
apprenticeship or tutorship is entrusted to
9. Causing mental or emotional anguish, public the offender
ridicule or humiliation to the woman or her c. When the sexual favor is made a condition
child, including, but not limited to, repeated to the giving of a passing grade, or the
verbal and emotional abuse, and denial of granting of honors and scholarships, or the
financial support or custody of minor payment of a stipend, allowance or other
children of access to the benefits, privileges, or considerations; or
woman's child/children. (Sec. 5) d. When the sexual advances result in an
intimidating, hostile or offensive
E. Anti‐Sexual Harassment Act of 1995 environment for the student, trainee or
(R.A. 7877) apprentice.

Q. What are the punishable acts under RA 7887? Note: Any person who directs or induces another to commit
any act of sexual harassment as herein defined, or who
A. cooperates in the commission thereof by another without
which it would not have been committed, shall also be held
liable under this Act. (Sec. 3)
1. In a work‐related or employment
environment, sexual harassment is
committed when:
XII. CRIMES AGAINST CIVIL STATUS

a. The sexual favor is made as a condition SIMULATION OF BIRTHS AND USURPATION OF

in the hiring or in the employment, re‐
CIVIL STATUS
employment or continued employment
of said individual, or in granting said
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
individual favorable compensation,
CHILD FOR ANOTHER AND CONCEALMENT OR
terms, conditions, promotions, or
ABANDONMENT OF A LEGITIMATE CHILD
privileges; or the refusal to grant the
(Art. 347)
sexual favor results in limiting,
segregating or classifying the employee
which in a way would discriminate, Q: What are the punishable acts?
deprive or diminish employment
opportunities or otherwise adversely A:
affect said employee 1. Simulation of births
2. Substitution of one child for another

E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 288

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 3. Concealing or abandoning any legitimate child A: It is committed when a person represents himself to be
with intent to cause such child to lose its civil another and assumes the filiation or the parental or
status. conjugal rights of such another
person.
Q: What are the elements of simulation of births?
Q: What does civil status include?
A:
1. The child is baptized or registered in the registry A: Civil status includes one’s public station or the rights,
of birth as the offender’s duties, capacities and incapacities which
2. The child loses its re status and acquires a new determine a person to a given class.
one
3. The offender’s spouse was to cause the loss of Note: There must be intent to enjoy the rights arising from
any trace as to the child’s true filiation the civil status of another.

Q: What are the elements of concealing or abandoning Q: What would qualify this crime?
any legitimate child with intent to cause such child to
lose its civil status? A: If the purpose is to defraud offended parties and
heirs.
A:
1. The child must be legitimate ILLEGAL MARRIAGES
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to BIGAMY
lose its civil status (Art. 349)

Note: The fact that child will be benefited by simulation of Q: What are the elements of bigamy?
birth is not a defense since it creates a false status detriment
of members of the family to A:
which the child is introduced. 1. Offender has been legally married
2. Marriage has not been legally dissolved or, in
A father who sells child is not liable under this article since case his or her spouse is absent, the absent
there is no abandonment. The object of the crime under Art
spouse could not yet be presumed dead
347 is the creation or the causing of the loss of civil status.
according to the New Civil Code
3. He contracts a second or subsequent marriage
The woman who has given birth and the one who furnishes
4. Second or subsequent marriage has all the
the child are both liable as principals.
essential requisites for validity
Q: When does simulation of birth take place?
Note: Validity of second marriage is a prejudicial question to
liability for bigamy.
A: Simulation of birth takes place when the woman
pretends to be pregnant when in fact she is not, and on Nullity of the first marriage is not a defense in bigamy
BOOK 2: Crimes Against Civil Status
Bigamy is not a
private crime
the day of the supposed delivery, takes the child of
another as her own.
A person convicted for bigamy may still be prosecuted for
concubinage.
Note: Simulation which is a crime is that which alters
the civil status of a person.
Q: Is a judicial declaration of nullity of marriage
necessary?
Physician or surgeon or public officer who cooperates in the
execution of the crime is also liable.
A:
USURPATION OF CIVIL STATUS GR: A judicial declaration of nullity of a previous
(Art. 348) marriage is necessary before a subsequent one
can be legally contracted. One who enters into a
subsequent marriage without first obtaining such
Q: How is this crime committed?
judicial declaration is guilty of bigamy. This
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 289

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

principle applies even if the earlier union is

characterized by statutes as "void." (Mercado v. Conviction of a violation of Art. 350 involves moral turpitude.
Tan, G.R. No. 137110, Aug. 1, 2000)
PREMATURE MARRIAGES
XPN: Where no marriage ceremony at all was (Art. 351)
performed by a duly authorized solemnizing officer.
(Morigo v. People G.R. No. 145226, Feb. Q: Who are the persons liable?
6, 2004)
A:
Illustration: 1. Widow who married within 301 days from the
date of the death of her husband, or before
The mere private act of signing a marriage contract bears no having delivered if she is pregnant
semblance to a valid marriage and thus, needs no judicial at the time of his death.
declaration of nullity. Such act alone, without more, cannot
be deemed to constitute an ostensibly valid marriage for 2. Woman whose marriage having been annulled
which petitioner might be held liable for bigamy unless he or dissolved, married before her delivery or
first secures a judicial declaration of nullity before he
before the expiration of the period of 301 days
contracts a subsequent marriage. (Morigo v. People, G.R. No.
after the date of the
145226, Feb. 6,
legal separation.
2004)

Note: Period of 301 days may be disregarded if the first

Note: The death of the first spouse during the pendency of
husband was impotent or sterile. Period of 301 days, or 10
the case does not extinguish the crime, because when the
months, is only for cases where the woman is not, or does
offender married the second spouse, the first marriage was
not know yet that she is pregnant at the time she becomes a
still subsisting. The second spouse who knew of the first
widow. If she is pregnant at the time she becomes a widow,
marriage is an accomplice as well as the person who vouched
the prohibition is good only up to her delivery.
for the capacity of either of the contracting parties.

Q: What is the purpose of the article?

Q: When does the prescriptive period commence?

A: To prevent doubtful paternity

A: Does not commence from the commission thereof but
from the time of its discovery by the complainant spouse.
Note: Woman will not be liable if she has:
1. Already delivered
MARRIAGE CONTRACTED AGAINST PROVISIONS
2. Conclusive proof that she was not pregnant by her
OF LAWS (Art. 350) 1st spouse since he was permanently sterile.
(People v. Masinsin, CA 49 OG 3908)
Q: What are the elements of this crime?
PERFORMANCE OF ILLEGAL MARRIAGE
A: CEREMONY (Art. 352)
1. Offender contracted marriage
2. He knew at the time that the: Q: Who are the persons liable under this article?
a. Requirements of the law were not complied
with; or A: Art. 352 punishes priests or ministers of any religious
b. Marriage was in disregard of a legal denomination or sect, or civil authorities who shall
impediment. perform or authorize any illegal marriage
ceremony.
ACADEMICS CHAIR:LESTER JAY ALAN II
Note: Art. 352 presupposes that the priest or minister or civil
V ICE FOR ACADEMICS: KAREN SABUGO
authority is authorized to solemnize marriages.
Q: What would qualify this crime? Otherwise, he is liable under Art.177.
XIII. CRIMES AGAINST HONOR (353‐364)
A: If either of the contracting parties obtains the consent
of the other by means of violence, intimidation or fraud. LIBEL
(Art. 353)
Note: Offender must not be guilty of bigamy.
CRIMINAL LAW TEAM:

6
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL ROMEO
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

9
SAIPUDIN, ADRIAN VALBUENA
2

Q: What is libel?
Q: What are the two kinds of malice?
A: Libel is a public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act, omission, A:
condition, status, or circumstance tending to cause the 1. Malice in fact maybe shown by proof of ill‐will,
dishonor, discredit, or contempt of a natural or juridical hatred, or purpose to injure.
person, or to blacken the memory of one who is
dead. 2. Malice in law is presumed from a defamatory
imputation. However, presumption is rebutted
Q: How is libel committed? if it is shown by the accused that:
a. Defamatory imputation is true, in case the
A: Libel is a defamation committed by means of writing, law allows proof of the truth of the
printing, lithography, engraving, radio, phonograph, imputation;
painting or theatrical or b. It is published with good intention; and
cinematographic exhibition, or any similar means. c. There is justifiable motive for making it.

Note: No distinction between calumny, insult and libel. Q: When is malice not presumed?

Q: Who are liable for libel? A: Malice is not presumed in the following:

A: 1. Private communication made by any person to

1. Any person who shall publish, exhibit or cause another in the performance of
the publication or exhibition of any defamation any legal, moral or social, duty.
in writing or by similar means.
Requisites:
2. The author or editor of a book or pamphlet, or a. Person who made the communication had
the editor or business manager of a daily a legal moral or social duty to make the
newspaper, magazine or serial publication, for communication or at least, he had an
defamation contained therein to the same interest to be upheld;
extent as if b. Communication is addressed to an officer,
he were the author thereof. or a board, or superior, having some
interest or duty in the matter;
Q: What are the elements of defamation? c. Statements in the communication are
made in good faith without
A: malice (in fact).
1. There must be an imputation of a crime, or of a
vice or defect, real or imaginary, or any act, 2. Fair and true report, made in good faith,
omission, condition, status or circumstance. without any comments or remarks, of any
2. Imputation must be made publicly. judicial, legislative, or other official proceedings
3. It must be malicious. which are not of confidential nature, or of any
4. It must be directed at a natural or juridical statement, report, or speech delivered in the
person, or one who is dead (identification of the exercise of their
offended party is required). functions.
5. It must tend to cause the dishonor, discredit or
contempt of the person defamed. Q: In what way may libel be committed?

Q: What is malice? A: Libel may be committed by:

1. Writing
A: Malice is a term used to indicate the fact that the
offender is prompted by personal ill‐will or spite and
speaks not in response to duty but merely to
injure the reputation of the person defamed.

Note: In libel cases, the question is not what the victim

means but what the words used by him mean. (Sazon v. CA,
G.R. No. 120715, Mar.29, 1996)
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 291

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

2. Printing and misleading information. (Filipinas Broadcasting

3. Lithography Network, Inc. v. Ago Medical and Educational
4. Engraving Center‐Bicol Christian College of Medicine, G.R. No.
5. Radio 14199, Jan. 17, 2005)
6. Phonograph
7. Painting ACADEMICS CHAIR: LESTER JAY ALAN II
8. Theatrical exhibition V ICE FOR ACADEMICS: KAREN SABUGO
9. Cinematographic exhibition
Q: Dolores Magno was charged and convicted of
10. Any similar mean
libel for the writings on the wall and for the
unsigned letter addressed to the Alejandro
Q: Must there be a publication of the libelous spouses, containing invectives directed against
article? Cerelito Alejandro. Dolores contends that the
prosecution failed to establish the presence of the
A: Yes. There must be some communication of the elements of authorship and publication of the
defamatory matter to some 3rd persons. malicious writings on the wall, as well as the
unsigned letter addressed to the Alejandro
Illustration: spouses. She argues that since the letter was
addressed to the spouses, Fe (Cerelito’s wife) was,
The delivery of the article to the typesetter is sufficient insofar as Cerelito is concerned, not a third person
publication. (U.S. v. Crame, 10 Phil.135) for purposes of publication. Is she liable?

The sending to the wife of a letter which maligns the A: To be liable for libel under Article 353 of the RPC,
husband was considered sufficient publication, for the
the following elements must be shown to exist:
spouse is a third person to the victim defamed. (U.S. v.
1. The allegation of a discreditable act or
Urbinana, 1 Phil. 471)
condition concerning another
2. Publication of the charge
Q: Rima and Alegre exposed various alleged
3. Identity of the person defamed
complaints from students, teachers and parents
4. Existence of malice.
against Ago Medical and Educational Center‐Bicol
Christian College of Medicine (“AMEC”) and its
Publication, in the law of libel, means the making of
administrators. Rima and Allegre remarked that
the defamatory matter, after it has been written,
“AMEC is a dumping ground, garbage of xxx moral
known to someone other than the person to whom
and physical misfits”; and AMEC students who
it has been written. If the statement is sent straight
graduate “will be liabilities rather than assets” of
to a person for whom it is written there is no
the society. Claiming that the broadcasts were
publication of it. The reason for this is that “a
defamatory, AMEC filed a complaint for damages
communication of the defamatory matter to the
against FBNI, Rima and Alegre. Are the
person defamed cannot injure his reputation
aforementioned remarks or broadcasts libelous?
though it may wound his self‐esteem. A man’s
reputation is not the good opinion he has of
A: There is no question that the broadcasts were himself, but the estimation in which others hold
made public and imputed to AMEC defects or
him.”
circumstances tending to cause it dishonor,
discredit and contempt. Rima and Alegre’s remarks
In this case, there is no dispute that the unsealed
are libelous per se. Taken as a whole; the
envelope containing the libelous letter was handed
broadcasts suggest that AMEC is a money‐making
by Dolores to Evelyn (Cerelito’s sister).
institution where physically and morally unfit
Contextually, there was a reasonable probability
teachers abound.
that the contents thereof, particularly the libelous
letter, could have been exposed to be read by
Every defamatory imputation is presumed
Evelyn before delivering the same to Cerelito.
malicious. Rima and Alegre failed to show
However, Evelyn categorically admitted not reading
adequately their good intention and justifiable
the letter at the first instance, reading it only after
motive in airing the supposed gripes of the
securing Cerelito’s permission. Inasmuch,
students. As hosts of a documentary or public
therefore, as Cerelito voluntarily disclosed the
affairs program, Rima and Alegre should have
contents of Dolores’ libelous letter to Evelyn, the
presented the public issues free from inaccurate

CRIMINAL LAW TEAM:

7
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 2: Crimes Against Honor

act of publication cannot be ascribed to Dolores G.R. No. 120715, Mar.29, 1996)
insofar as
Evelyn is concerned. THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
It could not be said, however, that there was no COMPENSATION (Art. 356)
publication with respect to Fe. While the letter in
question was addressed to “Mr. Cerelito & Fe Q: What are the punishable acts?
Alejandro,” the invectives contained therein were
directed against Cerelito only. Writing to a person A:
other than the person defamed is sufficient to 1. Threatening another to publish a libel
constitute publication, for the person to whom the concerning him, or his parents, spouse,
letter is addressed is a third person in relation to its child, or other members of his family.
writer and the person defamed therein. Fe, the
wife, is contextually a third person to whom the 2. Offering to prevent the publication of
publication was made. (Dolores Magno v. People of such libel for compensation, or money
the Philippines, G.R. No. 133896, Jan. 27, 2006) consideration.

Q: What is the common defense in libel? Note: Known as “blackmail” – in its metaphorical
sense, may be defined as any unlawful extortion of
A: That it is covered by privileged communication. money by threats of accusation or exposure.

1. Absolute privileged – not actionable even Q: In what felonies is blackmail committed?

if the author has acted in bad faith like
the statements made by members of A:
Congress in the discharge of their official 1. Light threats
functions; 2. Threatening to publish, or offering to
prevent the publication of, a libel for
2. Conditional or qualified – like a private compensation
communication made by any person to
another in the performance of any legal, Q: Who are the persons liable for libel?
moral, or social duty, and a fair and true
report, made in good faith, without any A:
comments or remarks, of any judicial, 1. Person who publishes, exhibits or causes
legislative or other official proceedings the publication or exhibition of any
which are not of confidential nature. defamation in writing or similar means.
Here, even if the statements are
defamatory, there is no presumption of 2. Author or editor of a book or pamphlet.
malice. The prosecution must prove
malice in fact to convict the accused.
3. Editor or business manager of a daily
newspaper magazine or serial
Q: Do defamatory remarks and comments on the publication.
conduct or acts of public officers which are related
to the discharge of their official duties constitute
4. Owner of the printing plant which
libel?
publishes a libelous article with his
consent and all other persons who in any
A: No, it will not constitute libel if the accused way participate in or have connection
proves the truth of the imputation. But any attack with its publication.
upon the private character of the public officers on
matters which are not related to the discharge of
Q: Where should a complaint for libel be filed?
their official functions may constitute Libel.
A: Criminal and civil actions for damages in case of
Moreover, a written letter containing libelous written defamations shall be filed simultaneously or
matter cannot be classified as privileged when separately with the court of first instance of the
publicly published and circulated. (Sazon vs. CA,
province or city:
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 293

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

(Art. 362)
1. Where the libelous article is printed and
first published; or Note: Libelous remarks or comments on matters
2. Where any of the offended parties actually privileged, if made with malice in fact, do not exempt
resides at the time of the the author and editor.
commission of the offense.
PROHIBITED PUBLICATION OF ACTS REFERRED
Note: The court where the criminal action or civil TO
action for damages is first filed shall acquire IN THE COURSE OF OFFICIAL PROCEEDINGS
jurisdiction to the exclusion of other courts. (Art. 357)

Offended party must file complaint for defamation Q: What are the elements of this crime?
imputing a crime which cannot be prosecuted de
oficio. A:
1. Offender is a reporter, editor or manager
PROOF OF TRUTH of a newspaper daily or magazine.
(Art. 361)
2. He publishes facts connected with the
Q: When is proof of truth admissible? private life of another.

A: Proof of truth is admissible in any of the 3. Such facts are offensive to the honor,
following: virtue and reputation of said person.

1. When the act or omission imputed Note: Prohibition applies even though said publication
constitutes a crime regardless of whether be made in connection with or under the pretext that
the offended party is a private individual it is necessary in the narration of any judicial or
or a public officer.

ACADEMICS CHAIR: LESTER JAY ALAN II

2. When the offended party is a government
employee, even if the act or omission V ICE FOR ACADEMICS: KAREN SABUGO
imputed does not constitute a crime, administrative proceedings wherein such facts
provided, it is related to the discharge of have been mentioned.
his official duties.
Q: What is the so called Gag Law?
Note: Proof of truth must rest upon positive, direct
evidence upon which a definite finding may be A: Newspaper reports on cases pertaining to
made by the court. But probable cause for belief in adultery, divorce, issues about the legitimacy of
the truth of the statement is sufficient. children, etc., will necessarily be barred from
publication. Source of news report may not be
Q: Is proof of truth enough? revealed.

A: No. It is also required that the matter charged as SLANDER (ORAL DEFAMATION)
libelous was published with good motives and for (Art. 358)
justifiable ends.
Q: What are the kinds of oral defamation?
Q: What are the possible defenses in the crime of
libel? A:
1. Simple slander
A: 2. Grave slander, when it is of a serious
1. It appears that the matters charged as and insulting nature.
libelous is true
2. It was published with good motives Q: What are the distinctions between oral
3. And for a justifiable end defamation and criminal conversation?

LIBELOUS REMARKS A:
CRIMINAL LAW TEAM:

7
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA
8
BOOK 2: Crimes Against Honor

CRIMINAL
ORAL DEFAMATION
CONVERSATION A:
Malicious imputation of any 1. Offender performs any act not included in
act, omission, condition or Used in making a polite any other crime against honor
circumstance against a reference to 2. Such act is performed in the presence of
person, done orally in public, sexual intercourse as other person or persons
tending to cause dishonor, in certain crimes, like 3. Such act casts dishonor, discredit or
discredit, contempt and rape, seduction and contempt upon the offended party
embarrassment or ridicule adultery.
to the latter.
Q: What are the kinds of slander by deed?
A crime against honor Has no definite
penalized in Art. 358, RPC. concept as a crime. A:
1. Simple slander by deed – performance of
Q: What are the factors that determine the an act, not use of words.
gravity of oral defamation?
2. Grave slander by deed ‐ which is of a
A: serious crime.
1. Expressions used
2. Personal relations of the accused and Q: What determines if an act is slander by deed or
the offended party not?
3. Circumstances surrounding the case
A: Whether a certain slanderous act constitutes
Note: Social standing and the position of the slander by deed of a serious nature or not, depends
offended party are also taken into account. on the social standing of the offended party, the
circumstances under which the act was committed,
Slander need not be heard by the offended party. the occasion, etc.

Q: Lando and Marco are candidates in the local Illustration:

elections. In his speeches Lando attacked his
opponent Marco alleging that he is the son of Thus, slapping a lady in a dance not for purpose of
Nanding, a robber and a thief who amassed his hurting her but to cause her shame and humiliation for
wealth through shady deals. May Marco file a refusing to dance with the accused is slander by deed.
case against Lando for grave oral defamation?
State your reasons.

A: Marco cannot file a case for grave oral

defamation. If at all, he may file a case for light
slander. In the case of People v. Laroga (40 O.G.
123). It was held that defamation in political
meeting when feelings are running high and people
INCRIMINATORY MACHINATIONS
could not think clearly, only amount to light
slander. (1990 Bar Question)
INCRMINATING INNOCENT PERSON
(Art. 363)
SLANDER BY DEED
(Art. 359)
Q: What are the elements of this crime?
Q: What is slander by deed?
A:
1. Offender performs an act
A: Slander by deed is a crime against honor which is
committed by performing any act which casts
2. By such act he directly incriminates or
dishonor, discredit, or contempt upon another
imputes to an innocent person the
person.
commission of a crime
Q: What are the elements of slander by deed?
3. Such act does not constitute perjury
E. FLORES
UNIVERSITY OF SANTO TOMAS

CHAIRS JOY G. & JOHN HENRY C. MENDOZA 295

VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

INTRIGUING
Note: The crime of incriminatory machinations is SLANDER
limited to planting evidence and the like, which tend AGAINST HONOR
directly to cause false prosecution. Offender made the utterance,
The source of the where the source of the
Q: What are the distinctions defamatory defamatory nature of the
between incriminating an innocent person and utterance is unknown utterance is known,
perjury by making false accusation? and and the offender offender makes a
simply repeats or republication thereof, even
A: passes the same, though he repeats the
without subscribing libelous statement as coming
INCRIMINATING AN PERJURY BY MAKING
to the truth thereof. from another, as long as the
INNOCENT PERSON FALSE ACCUSATION
source is identified.
Committed by performing The gravamen of the
an act by which the offense is the
offender directly imputation itself, a. Administrative Circular 08‐2008 Re: Guidelines
incriminates or imputes to falsely made, before an in the Observance of a Rule of Preference in the
an innocent person the officer. Imposition of Penalties in Libel Cases
commission of a crime.
Giving of false
1. Preference of imposition of fine
Limited to the act of statement under oath
planting evidence and the or the making of a false Note: Article 355 of the RPC penalizes libel with
like, in order to incriminate affidavit, imputing to a prision correctional in its minimum and medium
an innocent person. person the commission periods or fine ranging from 200 to 6,000 pesos, or
of a crime. both, in addition to the civil action which may be
brought by the offended party.
Q: What are the distinctions
between incriminatory machination and In the following cases, the Court opted to impose only
defamation? a fine on the person convicted of the crime of libel:

A: In Sazon v. CA, the Court modified the penalty

imposed upon petitioner, an officer of a homeowners’
INCRIMINATORY
DEFAMATION association, for the crime of libel from imprisonment
MACHINATION and fine in the amount of P200.00, to fine only of
Offender performs acts to Offender avails himself P3,000.00, with subsidiary imprisonment in case of
directly impute to an of written or spoken insolvency, for the reason that he wrote the libelous
innocent person the words in besmirching the article merely to defend his honor against the
commission of the crime. victim’s reputation. malicious messages that earlier circulated around the
subdivision, which he thought was the handiwork of
INTRIGUING AGAINST HONOR the private complainant.
(Art. 364)
In Mari v. CA, where the crime involved is slander by
Q: What is intriguing against honor? deed, the Court modified the penalty imposed on the
petitioner, an ordinary government employee, from
A: Any scheme or plot by means which consist of imprisonment to fine of P1,000.00, with subsidiary
imprisonment in case of insolvency, on the ground
some trickery.
that the latter committed the offense in the heat of
anger
Q: Who is liable? and in reaction to a perceived provocation.

A: Any person who shall make any intrigue which In Brillante v. CA, the Court deleted the penalty of
has for its principal purpose to blemish the honor imprisonment imposed upon petitioner, a local
or reputation of another person. politician, but maintained the penalty of fine of
P4,0000.00, with subsidiary imprisonment in case of
Q: What is the distinction between intriguing
against honor and slander? ACADEMICS CHAIR: LESTER JAY ALAN II

V ICE FOR ACADEMICS: KAREN SABUGO

A:
CRIMINAL LAW TEAM:

7
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

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SAIPUDIN, ADRIAN VALBUENA
8
BOOK 2: Crimes Against Honor

insolvency, in each of the (5) cases of libel, on the the RPC provision on subsidiary
ground that the intensely feverish passions evoked imprisonment.
during the election period in 1988 must have agitated
petitioner into writing his open letter; and that XIV. CRIMINAL NEGLIGENCE
incomplete privileged communication should be
appreciated in favor of petitioner, especially
CRIMINAL NEGLIGENCE IMPRUDENCE AND
considering the wide latitude traditionally given to
NEGLIGENCE (Art. 365)
defamatory utterances against public officials in
connection with or relevant to their performance of
official duties or against public figures in relation to Q: What are the punishable acts?
matters of public interest involving them.
A:
In Buatis, Jr. v. People, the Court opted to impose 1. Committing through reckless imprudence
upon petitioner, a lawyer, the penalty of fine only for any act which, had it been intentional,
the crime of libel considering that it was his first would constitute a grave or less grave
offense and he was motivated purely by his belief that felony or light felony
he was merely exercising a civic or moral duty to his
client when wrote the defamatory letter to private 2. Committing through simple imprudence
complainant. or negligence an act which would
otherwise constitute a grave or a less
The foregoing cases indicate an emergent rule of serious felony
preference for the imposition of fine only rather than
imprisonment in libel cases under the circumstances
3. Causing damage to the property of
therein specified.
another through reckless imprudence or
simple imprudence or negligence
Q: What are the guidelines in the observace of a
rule of preference in the imposition of penalties in
4. Causing through simple imprudence or
libel cases?
negligence some wrong which, if done
maliciously, would have constituted a
A: All courts and judges concerned should
light felony
henceforth take note of the foregoing rule of
preference set by the Supreme Court on the matter
Note: Imprudence or negligence is not a crime itself. It
of the imposition of penalties for the crime of libel
is simply a way of committing a crime.
bearing in mind the following principles:
Imprudence indicates a deficiency of action; failure in
1. This Administrative Circular does not precaution.
remove imprisonment as an alternative
penalty for the crime libel under Article
355 of the RPC RECKLESS IMPRUDENCE

2. The Judges concerned may, in the Q: What are the elements of reckless imprudence?
exercise of sound discretion, and taking
into consideration the peculiar A:
circumstances of each case, determine 1. Offender does or fails to do an act.
whether the imposition of a fine alone
2. The doing of or the failure to do that act is
would best serve the interests of justice
voluntary.
or whether forbearing to impose
3. It be without malice.
imprisonment would depreciate the
seriousness of the offense, work violence 4. Material damage results.
on the social order, or otherwise be 5. There is an inexcusable lack of precaution
contrary to the imperative of justice on the part of the person performing or
failing to perform such act taken into
consideration:
3. Should only a fine be imposed and the
accused be unable to pay the fine, there a. Employment or occupation
is no legal obstacle to the application of b. Degree of intelligence
c. Physical condition
E. FLORES
U N I V E R S Id.T Y OOther
F S A N T O Tcircumstances
OMAS
regarding

CHAIRS JOY G. & JOHN HENRY C. MENDOZA

persons, time and place
SIMPLE IMPRUDENCE
297
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
 UST GOLDEN NOTES 2011

Negligence indicates a deficiency of perception; failure defeat the action if it be shown that the accused
in advertence. might, by the exercise of reasonable care and
prudence, have avoided the consequences of the
negligence of the injured party.

Q: What is emergency rule?

A: The emergency rule provides that an automobile

driver who, by the negligence of another and not by
his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid
a collision or injury is not guilty of negligence if he
makes such a choice which a person of ordinary
prudence placed in such a position might make
even though he did not make the wisest choice.

Q: What are the distinctions between imprudence

and negligence?

A:
NEGLIGENCE IMPRUDENCE
Deficiency of perception Deficiency of action
Failure in advertence Failure in precaution
Avoided by paying proper Taking necessary
Q: What are the elements of simple imprudence?
attention and using the precaution once
A:
diligence in foreseeing them foreseen
1. There is lack of precaution on the part of
the offender.

2. Damage impending to be caused is not

immediate nor the danger clearly
manifested.

Note: Art. 64, relative to mitigating and aggravating

circumstances, is not applicable to crimes committed
through negligence.

GR: Failing to lend help is a qualifying

circumstance; it raises the penalty 1 degree
higher.

XPN: The driver can leave his vehicle without

aiding the victims if he:
1. Is in imminent danger of being
harmed
2. Wants to report to the nearest
officer of the law, or
3. Desires to summon a physician or a
nurse for medical assistance to the
injured. (Sec. 55 of R.A. 4136)

Q: What is the doctrine of last clear chance?

A: The last clear chance doctrine states that the

contributory negligence of the party injured will not
CRIMINAL LAW TEAM:

7
ADVISER: JUDGE RICO SEBASTIAN D. LIWANAG; SUBJECT HEAD: ZANDY A. ZACATE; ASST. SUBJECT HEADS: ANNA FE ABAD & PAUL R
POLLOSO; MEMBERS: SHARMAGNE JOY BINAY, MARIA CARMELLA BUSTONERA, MARY GRACE CAMAYO, DELFIN FABRIGAS, JR., SPINEL
ALBERT DECLARO, ERIK GALLARDO, KING JAMES CARLO HIZON, CARMINA MAE MANALO, FAYE ANGELA PASCUA, ANTHONY ROBLES, RAISSA

0
SAIPUDIN, ADRIAN VALBUENA