Book 2 Flashcards by Lauren Ise

Book 2

Crimes and Penalties:

Title 1-Crimes Against National Security and the Law of Nations
Title 2-Crimes Against the Fundamental Law of the State
Title 3-Crimes Against Public Order
Title 4-Crimes Against Public Interest
Title 5-Crimes Relative to Opium and other Prohibited Drugs
Title 6-Crimes Against Public Morals
Title 7-Crimes Committed by Public Officers
Title 8-Crimes Against Persons
Title 9-Crimes Against Personal Liberty and Security
Title 10-Crimes Against Property
Title 11-Crimes Against Chastity
Title 12-Crimes Against the Civil Status of Persons
Title 13 Crimes Against Honor
Title 14 Quasi-Offenses

How well did you know this?

Not at all

Perfectly

CRIMES AGAINST NATIONAL SECURITY

Art. 114-Treason
Art. 115-Conspiracy and Proposal to Commit Treason
Art. 116-Misprision of Treason
Art. 117-Espionage

How well did you know this?

Not at all

Perfectly

That the offender owes allegiance to the government of the Philippines;
That there is war in which the Philippines is involved;
That the offender either-
a) levies war against the government, or
b) adheres to the enemy, giving them aid or comfort

Elements of Art. 114-Treason

How well did you know this?

Not at all

Perfectly

is defined as a breach of allegiance to a government committed by a citizen or by an alien temporarily residing in the country. It can only be committed during war time.

Treason

How well did you know this?

Not at all

Perfectly

means that there is an actual assembling of men for the purpose of executing a treasonable design by force.
This must be in collaboration with a foreign enemy.

Levies war

Levying war

How well did you know this?

Not at all

Perfectly

means a citizen or alien temporarily residing in the country intellectually or emotionally favors the enemy and harbors sympathies or conviction disloyal to the country’s policy or intent.

Adherence to the enemy

How well did you know this?

Not at all

Perfectly

The requirement to prove the covert act or giving aid or comfort to the enemy.

The testimony of two persons

How well did you know this?

Not at all

Perfectly

exists when two or more come to an agreement to commit Treason and decided to commit it.

Conspiracy to commit Treason

How well did you know this?

Not at all

Perfectly

exists when a person who is decided to commit Treason proposes its execution to some other person or persons.

Proposal to Commit Treason

How well did you know this?

Not at all

Perfectly

must have been done during war time.

Conspiracy and Proposal to commit Treason

How well did you know this?

Not at all

Perfectly

does not apply in Conspiracy and Proposal to commit Treason.

The two-witness rule

How well did you know this?

Not at all

Perfectly

That the offender must be owing allegiance to the government, and not being a foreigner;
That he has knowledge of any conspiracy to commit treason against the government.
That he conceals or does not disclose and make known the same as soon as possible to the governor or prosecutor of province or the mayor or prosecutor of the city in which he resides.

Elements of Art. 116-Misprision of Treason

How well did you know this?

Not at all

Perfectly

cannot be committed by resident alien.

Misprision of Treason

How well did you know this?

Not at all

Perfectly

By entering, without authority therefor, a warship, fort, or naval establishment or reservation to obtain any information, plans, photograph or other data of confidential nature relative to the defense of the country.

First way of committing Art. 117-Espionage

How well did you know this?

Not at all

Perfectly

By disclosing to the representative of the foreign nation the contents of the article, data or information referred to in paragraph above, which he had in possession by reason of the public office he holds.

Second way of committing Art. 117-Espionage

How well did you know this?

Not at all

Perfectly

The offender must have the intention to obtain information relative to the defense of the country.

Espionage Law-C.A. No. 616

How well did you know this?

Not at all

Perfectly

Distinction Between Treason and Espionage:

Treason is committed only in time of war, while Espionage can be committed both in time of peace and of war.

How well did you know this?

Not at all

Perfectly

Crimes Against the Law of Nations:

Art. 122-Piracy

Art. 123-Qualified Piracy

How well did you know this?

Not at all

Perfectly

By attacking or seizing a vessel in Philippine waters;
By seizing in the vessel while on Philippine waters, the whole or part of its cargo, its equipment or personal belongings of its crews or passengers.

Two ways of committing Art. 122-Piracy

How well did you know this?

Not at all

Perfectly

is defined as robbery or forcible depravation on the high seas, without lawful authority and done with animus furandi and in the spirit of universal hostility.

Piracy

How well did you know this?

Not at all

Perfectly

Attackers are strangers to the vessel. Intent to gain is required

Piracy

How well did you know this?

Not at all

Perfectly

Offenders are passengers or members of the crew. Intent to gain is not essential

Mutiny

How well did you know this?

Not at all

Perfectly

This amends the Piracy Law and defines seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things or other unlawful means committed on Philippine Highway is Brigandage (Robbery on highway).

P.D. NO. 532-Anti-Piracy and Anti-Highway Robbery Law of 1974:

How well did you know this?

Not at all

Perfectly

is a robbery on the highway committed by any person.

Brigandage

How well did you know this?

Not at all

Perfectly

Crime and penalty a) Whenever they have seized a vessel by boarding or firing upon the same; b) Whenever the pirates have abandoned their victims without means of saving themselves; or c) Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Art. 123-Qualified Piracy: | The penalty of Reclusion Perpetua to death shall be imposed

CRIMES AGAINST THE FUNDANIENTAL LAWS OF THE STATE

Art. 124-Arbitrary Detention and Expulsion Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority Art. 128-Violation of Domicile Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained Art. 130-Searching Domicile Without Witnesses Art. 131-Prohibition, Interruption and Dissolution of Peaceful Meetings Art. 132-Interruption of Religious Worship Art. 133-Offending the Religious Feelings

Elements: 1. That the offender is a public officer or employee; 2. That he detains a person; and 3. That the detention is without legal grounds.

Art. 124-Arbitrary Detention and Expulsion:

Elements: 1. That the offender is a public officer or employee; 2. That he has detained a person; 3. That he fails to deliver said person to the proper judicial authorities within: a. 12 hours for crimes punishable with light penalties. b. 18 hours for crimes punishable with correctional penalties. c. 36 hours for crimes punishable with afflictive or capital penalties.

Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority:

In Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority, If the offender is a private person, the crime is ____

illegal detention

In _____, the detention was without legal ground as the detained person was not legally arrested; while, in _____, the detention was with legal ground as when the arrested while doing the crime or was about to commit the crime or the crime has just been committed, BUT the filing of the case against the subject is beyond the period allowed or prescribed by law or no case has been filed against the said person.

Art. 124 | Art. 125

Acts Punishable: 1. By entering any dwelling against the will of the owner; 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and having been required to leave the same. Elements Common to the Three Parts: a) That the offender is a public officer or employee b) That he is not authorized by judicial order to enter the dwelling and/or to make search therein for paper or other effects. Notes: Not being authorized by law means the public officer or employee has no search warrant to conduct search.

Art. 128-Violation of Domicile

when the owner opposes or prohibits somebody to enter his home. If the owner consented the search, the crime is not committed by the public officer or employee.

Against the will of the owner

A policeman without the search warrant cannot lawfully enter the dwelling of another even if he is keeping inside kilos of shabu. If he forcibly did, the evidence obtained by such unlawful entry is ____

not admissible in evidence.

Acts Punishable: 1. By procuring search warrant without just cause; 2. By exceeding his authority or by using unnecessary severity in executing search warrant legally obtained. Elements of Procuring Search Warrant Without just Cause: a) That the offender is a Public Officer or employee b) That he procures search warrant c) That there is no just cause

Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained

A policeman wanted to verify a report that some corpse were unlawfully buried in a private place and not in cemetery. Instead of stating that fact, he alleged his affidavit attached to the application for search warrant, that opium and shabu were hidden in the premises. If no opium or shabu is found, the policeman is guilty under ____

Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained

a) That the offender is a public officer or I employee b) That he legally procured a search warrant c) That he exceeds his authority or uses unnecessary severity in executing the same. Example: 1) In executing a search Warrant for shabu, he seized books, personal letters, and other property having no connection or very remote to shabu. 2) In searching for opium, furnitures and fixtures are destroyed.

Elements of Exceeding Authority or Using Unnecessary Severity in Executing Search Warrant Legally Procured:

Elements: 1) That the offender is a public officer or employee. 2) That he is armed with search warrant legally procured 3) That he searches the domicile for papers or other belongings of any person. 4) That the owner, or any member of his family, or two witnesses residing in the same locality are not present.

Art. 130-Searching Domicile Without Witnesses

Elements: 1. That the offender is a public officer or employee. 2. That he performs any of the following: a) by hindering any person from joining any lawful association or from attending any of its meetings. b) By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Art. 131-Prohibition, Interruption and Dissolution of Peaceful Meetings

This offense is committed by public officer or employee who prevents or disturbs a religious ceremony that is to take place or is actually taking place.

Art. 132-Interruption of Religious Worship

That the Public Officer or employee performs an act notoriously offensive to the feelings of the members of a particular religion like, mocking or scoffing at or attempting to damage an object of religious veneration.

Art. 133-Offending the Religious Feelings

CRIMES AGAINST PUBLIC ORDER

Art. 134-Rebellion or Insurrection Art. 134 A-Coup d’ Etat Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection Art. 137-Disloyalty of Public Officers or Employees Art. 137-Disloyalty of Public Officers or Employees Art. 139-Sedition Art. 141-Conspiracy to Commit Sedition Art. 142-Inciting to Sedition Art. 143-Acts to prevent the Meeting of the Assembly and Similar Bodies Art. 146-Illegal Assemblies Art. 147-Illegal Association Art. 148-Direct Assaults Art. 149-Indirect Assaults Art. 151-Resistance and Disobedience to a Person in Authority or Agent of a Person in Authority: Art. 150-Disobedience to Summons Issued by the National Assembly, its Committees or Subcommittees, by the Constitutional Commissions, its Committees or Subcommittees or its division. Art. 153-Tumults and Other Disturbance of Public Order-Tumultuous Disturbance or Interruption Liable to Cause Disturbance Art. 154-Unlawful use of Means of Publication and Unlawful Utterances Art. 155-Alarms and Scandals Art. 153-Tumults and other disturbances of public order, etc. Art. 156-Delivering prisoners from jails: helping a prisoner to escape. Art. 157-Evasion of service of sentence: The convict by final judgment escapes from prison during his term of imprisonment.

Elements: 1. That there be a) public uprising, and b) taking up arms against the government. 2. That the purpose of the uprising or movement is either- a) to remove from the allegiance to said government or its laws (a. 1) the territory of the Philippines or any part thereof, or (a. 2) any body of land, naval or other armed forces. b) To deprive the Chief Executive or President or the congress, wholly or partially, of any of their powers or prerogatives.

Art. 134-Rebellion or Insurrection

are not synonymous.

Rebellion and insurrection crime of rebellion and crime of subversion

This term is more frequently used where the object of the movement is completely to overthrow the government; It connotes not merely a challenge to the constituted authorities but also a civil war on a bigger or lesser scale.

rebellion

This term is more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of government authority with respect to particular matters or subjects.

insurrection

is committed by rising publicly and taking up arms against the government for any of the purposes mentioned in Art. 134.

Rebellion

Is a crime committed by a mere affiliation or membership in a subservive organization. It is a crime against public security, while rebellion is a crime against public order. No more crime of subversion as per the Anti-Subversion Law (RA. 1700)

Subversion

Elements: 1. The offender is any person/s belonging to the military or police or holding any public office or employment with or without civilian support or participation; 2. That there is a swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3. The attack is directed against the duly constituted authorities of the Philippines, or any military camp or installation, communications networks, public utilities or facilities needed for the exercise and continued possession of power; 4. The purpose is to seize or diminish state power.

Art. 134 A-Coup d’ Etat

added a new provision to the Revised Penal Code creating the new offense of a coup d’etat which can be committed anywhere in the Philippines.

RA. No. 6968 dated October 24, 1990

is punishable by law but in either case, obviously there is no need of a public uprising.

Conspiracy and proposal to commit rebellion Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection

Acts of Disloyalty: 1. By failing to resist a rebellion by all means in their power; 2. By continuing to discharge the duties of their offices under the control of the rebels; 3 By accepting appointment to office under them.

Art. 137-Disloyalty of Public Officers or Employees

1. There is no taking up arms or hostility against the government; 2. Inciting others to commit acts of rebellion by means of speeches, proclamation, etc.; 3. The offender is not a rebel.

Art 138-Inciting to Rebellion or Insurrection

Elements: 1. Rising publicly and tumultuously 2. The purpose is to attain by force, intimidation, or other illegal methods any of the following objects: a) Prevent promulgation or execution of any law or the holding of any election b) To prevent the government, or any provincial, city or municipal government, or any public officer thereof from freely exercising its or his functions, or to prevent the execution of any administrative order; c) To inflict any act of hate or revenge upon the person or property of any public officer or employee; d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class; e) To despoil, for any political or social end, any person, city, municipality or province, or the national government of all its property or any part thereof.

Art. 139-Sedition

commotion by three or more armed persons

Tumultuous

The purpose of sedition may be ______; | rebellion always ______.

political or social | political

No public uprising | No object of sedition

No sedition

Note: There is ________ when two or more persons come into an agreement to commit any of the objects of sedition and decide to commit it.

Art. 141-Conspiracy to Commit Sedition

There is no crime of proposal to commit _____ .

sedition

1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end; 2. Uttering seditious words or speeches which tend to disturb the public peace; and 3. Writing, publishing or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace.

Art. 142-Inciting to Sedition:

Elements: 1. That the offender does not take part directly in the crime of sedition; 2. That he incites others to the accomplishment of any of the acts which constitute sedition; and 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other representations tending to the same end.

Art. 142-Inciting to Sedition:

means low, vulgar, mean or foul

Scurrilous

Two Rules Relative or Applicable in Seditious Words:

a) The clear and present danger rule | b) The dangerous tendency rule

The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent.

a) The clear and present danger rule-

there is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the government and obedient to the laws. Or if the words used tend to create a danger of public uprising.

b) The dangerous tendency rule

There is meeting or session going on in Congress or any of its Committees, the provincial, city, municipal or barangay council (Sanggunian), and the offender disturbs the said meeting or proceedings.

Art. 143-Acts to prevent the Meeting of the Assembly and Similar Bodies:

1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code. Elements: 1. That there be a meeting, a gathering of group of persons, whether in fixed place or moving; 2. That the meeting is attended by armed persons; and 3. That the purpose of the meeting is to commit any of the crimes punishable under the Revised Penal Code. 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent. Elements: 1. That there is a meeting, a gathering of group of persons, whether in a fixed place or moving; 2. That the audience, whether armed or not, is incited to the commission of the crime of rebellion or insurrection, treason, sedition or direct assault.

Art. 146-Illegal Assemblies

Persons Liable for Illegal Assemblies:

1. The organizers or leaders of the meeting | 2. Persons merely present at the meeting

1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Revised Penal Code. 2. Associations totally or partially organized for some purpose contrary to public morals.

Art. 147-Illegal Association

Persons Liable for Illegal Association

1. Founders, directors and President of the Association | 2. Mere members of the association

1. actual meeting is required 2. persons may be armed 3. for the purpose of committing acts punishable by the Revised Penal Code

Illegal Assembly

1. there is no need of actual meeting 2. persons need not be armed 3. Includes acts punishable by special laws

Illegal Association

1. Without any public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.

First way of committing Art 148. Direct Assault

2. Without any public uprising, by attacking, by employing force or by seriously intimidating or by serious resistance upon a person in authority or any of his agents, while engaged in the performance or official duties, or on the occasion of such performance.

Second way of committing Art 148. Direct Assault

1. That the offender employs force or intimidation; 2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of sedition; 3. That there is no public uprising

Elements | (First way of committing direct assault):

1. That the offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance; 2. That the person assaulted is a person in authority or his agent; 3. That at the time of the assault the person in authority or his agent is engaged in actual performance of official duties, or that he is assaulted by reason of the past performance of official duties; 4. That the offender knows that the one he is assaulting is person in authority or his agent in the exercise of his duties; and 5. That there is no public uprising.

Elements of the Second way of Committing Direct Assault:

Notes: If the offended party is only an agent of a person in authority, the resistance of force employed must be in ______. If a person in authority, the force or resistance employed need not be serious.

serious character

Example: Pushing a policeman and giving him fist blows without hitting him, is not direct assault. If the policeman is hit by the blow, that will become serious and therefore ____

direct assault.

Any person directly vested with jurisdiction, whenever as an individual or as a member of some court or government corporation, board or commission, like: the governor, mayor, barangay captain, division superintendent of school, public and private schools, provincial and city fiscals (prosecutors), judges of the courts, municipal, city and provincial kagawads, professors and instructors of public and private colleges and universities.

Person in Authority

Any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection of life and property, such as: policemen, military men, barangay kagawads, barangay leaders, and any person who comes to the aid of a person in authority, shall be deemed an agent of person in authority.

agent of a Person in Authority

Those who come to the aid of the Authorities or their agent while an assault is being committed upon the latter shall enjoy the status of a person in authority or their agent, hence, the provision of ____.

indirect assault

Elements: 1. That a person in authority or his agent is the victim of direct assault; 2. That a person comes to the aid of such authority or his agent; and 3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

Art. 149-Indirect Assault:

The mayor who was trying to separate two persons boxing each other, was also attacked. B comes to aid the Mayor but was also attacked by one of the two persons. The person who attacked the person who tried to aid the Mayor is therefore guilty of _____

Indirect Assault.

Elements: 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender resists or seriously disobeys such person in authority or his agent; and 3. That the act of the offender is not included in the provisions of Arts. 148, 149 and 150.

Art. 151-Resistance and Disobedience to a Person in Authority or Agent of a Person in Authority:

The accused must have knowledge that the person arresting him is a peace officer. Example: Where the accused struck the policeman on the breast with a fist when the latter was arresting the said accused, is resistance and serious disobedience.

Art. 150-Disobedience to Summons Issued by the National Assembly, its Committees or Subcommittees, by the Constitutional Commissions, its Committees or Subcommittees or its division.

1. That an agent of a person in authority is engaged in the performance of official duty or gives lawful order to the offender; 2. That the offender disobeys such agent of a person in authority; and . 3. That such disobedience is not of serious nature.

Elements of Simple Disobedience

The act of lying on the road and refusing to leave despite the order of the Chief of Police, is an example of _____

simple disobedience.

1. Force used is of greater magnitude except if there is laying hands upon a person in authority. 2. Act is either during the offended party’s performance of duties or by reason thereof

Direct Assault

1. Force used is of lesser magnitude | 2. Act must be done during actual performance of duties of the offended party.

Serious Disobedience

1. Causing serious disturbance in public place, office or establishment. 2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings as long as the act is not punishable under Articles 131 and 132; 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems in any meeting, association or public place, which provoke a disturbance of public order; 5. Burying with pomp the body of the person who has been legally executed in violation of Article 85. Notes: Art. 131-Prohibition, interruption, and dissolution of peaceful meetings. Art. 132-Interruption of religious worship Art. 85-Provisions relative to the corpse of the person executed and its burial.

Art. 153-Tumults and Other Disturbance of Public Order | -Tumultuous Disturbance or Interruption Liable to Cause Disturbance

Merely standing in a large crowd near the door of the house as to attract the attention of those attending a political meeting of an opponent by 100 persons or more would not be a disturbance punishable under this article

Art. 153-Tumults and Other Disturbance of Public Order

In public disorder, what is punishable is a mere outcry or outburst tending to incite rebellion or sedition while in inciting to rebellion, there is an actual intention to instigate others to commit rebellion.

Art. 153-Tumults and Other Disturbance of Public Order

Notes: While it is a true that we have freedom of the press as well as freedom of thought, there are limitations designed to serve the greater interest of the nation and our people. The news published or printed is false and there is showing that it might endanger the public order or cause damage to the interest or credit of the State. The above article likewise upholds the rule of the law and punishes any act that extols a crime. Refusing to accept a final verdict of the Highest Court and continuously attacking the members thereof in general, without prejudice to responsibility for libel. Maliciously publishing or causing to be published any official resolution or documents without proper authority or before they have been published officially. Printing, publishing or distributing books, pamphlets, periodical, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

Art. 154-Unlawful use of Means of Publication and Unlawful Utterances

1. Discharging any firearm, rocket, firecracker, or other explosive within the town or public place, calculated to cause alarm or danger; 2. Instigating or taking an active part in any Charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

Art. 155-Alarms and Scandals

are also public disorders of lesser degree.

Alarms and Scandals

means a mock serenade of discordant voices or sounds designed to deride or insult.

Charivari

helping a prisoner to escape.

Art. 156-Delivering prisoners from jails:

The convict by final judgment escapes from prison during his term of imprisonment.

Art. 157-Evasion of service of sentence:

CRIMES AGAINST PUBLIC INTEREST

Art. 161 Counterfeiting the great seal of the government of the Philippine Islands, forging the signature or stamp of the Chief Executive. Art. 162 Using forged signature or counterfeit seal or stamp (of the President) Art. 163 Making and importing and uttering false coins. Art. 164 Mutilation of coins Art. 165 Selling of false or mutilated coin, without connivance. Art. 166 Forging treasury or bank notes, obligations and securities. Art. 169 Forgery Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister. Art. 172. Falsification by private individuals and use of falsified documents. Art. 174. False medical certificates, false certificates of merit or service, etc. Art. 175. Using False Certificates Art. 173. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages. Art. 177. Usurpation of authority of official functions Art. 178. Using fictitious name and concealing true name Art. 179. Illegal use of uniform or insignia. Art. 183. False Testimony in other cases in Perjury

means to pass counterfeited coins. The act of giving away

Uttering

Importation and utterances of mutilated coins

Art. 164 Mutilation of coins

means to take off part of the metal neither by filing it or substituting it for another means the metal in the coin.

Mutilation

Means coin of other country not included.

The coin must be legal tender.

Possession of coin, counterfeited or mutilated by other person, with intent to utter the same, knowing that is false or mutilated. Possession of or uttering false coin does not require that the counterfeited coin is legal tender.

Art. 165 Selling of false or mutilated coin, without connivance.

Importing and uttering false or forged notes, obligations and securities. Forging and falsification committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; and falsification is committed by erasing, substituting, counterfeiting or altering by any means the figures, letters, Words or signs contained therein.

Art. 166 Forging treasury or bank notes, obligations and securities.

Obligation or security of the Philippines

a) Bonds b) certificate of indebtedness c) national bank notes d) coupons e) treasury notes f) fractional notes g) certificates of deposits h) bills i) Checks j) drafts for money k) and other representatives of value issued under Act of Congress

1. By giving to a treasury note or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document. 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.

Art. 169 Forgery

Elements: 1. That the offender is a public officer, employee, or notary. 2. That he falsifies a document by committing any of the following acts: a) Counterfeiting or imitating any handwriting, signature or rubric. b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. c) Attributing to a person who have participated in an act or proceeding statements other than those in fact made by them/him. d) Making untruthful statements in a narration of facts. e) Altering true dates f) Making any alteration or intercalation in a genuine document which changes its meaning g) Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a Copy a statement contrary to or different from, that of the genuine original. h) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. In case the offender is an ecclesiastical minister, the act or falsification is committed with respect to any record or document of such character that the falsification may effect the civil status of persons.

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

Penalty | Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister.

Notes: The penalty of “prision mayor” and a fine not exceeding P5,000.00

It is any written statement by which a right is established or an obligation extinguished. It is a writing or instrument by which a fact may be proven or affirmed.

Document

Thus, if a _____ is merely a draft, because it has not been approved by the proper authority, it can prove nothing and affirm nothing.

payroll

Three (3) acts punishable under this article: 1. Falsification of public, official or commercial documents by a private individual. 2. Falsification of private document by any person 3. Use of falsified document.

Art. 172. Falsification by private individuals and use of falsified documents.

Penalty of Art. 172. Falsification by private individuals and use of falsified documents.

Notes: The penalty is “prision correccional” in its medium and maximum periods and a fine of note more than P5,000.00.

In Article ____, the offender is either public officer or employee, or notary public or ecclesiastical minister; in Article ____, the offender is private individual.

171 | 172

Kinds of documents

a) Public document b) Official Document c) Private document d) Commercial document e) Note

a document created, executed or issued by public official in response to the exigencies of the public service, or in the execution of which a public official intervened.

Public document

a document which is issued by a public official in the exercise of the functions of his office. It is also a public document. It falls under the larger class called public documents.

Official Document

a deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized, by which document some disposition or agreement is proved.

Private document

any document defined and regulated by the Code of Commerce or any other commercial law.

Commercial document

____that a deed acknowledged before a notary public is a public document.

Note

Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate. Penalty

Art. 174. False medical certificates, false certificates of merit or service, etc. “Arresto mayor” in its maximum period to “prision correccional” in its minimum period and a fine not exceeding P1,000.00.

Any private person who shall falsify a certificate falling with the classes mentioned in the last two paragraphs. Penalty

The crimes are: False Medical Certificate by private individual or False Certificate of Merit by private individual. Penalty, “Arresto Mayor”

Offenders, physician or surgeon in case of false medical certificate, public officer, certificate of merit, etc. private person in case of any of said certificate, AND knew that the certificate is false. Penalty

Art. 175. Using False Certificates Penalty, “Arresto menor”

1. By knowing and falsely representing oneself to be an officer, agent or representative of any department or agency of the government or any foreign government

First way of committing Art. 177. Usurpation of authority of official functions.

By performing any act pertaining to any person in authority or public officer of the government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so. *Note: there must be positive, express and explicit representation

Second way of committing Art. 177. Usurpation of authority of official functions.

Penalty of Art. 177. Usurpation of authority of official functions.

Penalty: “Prision correccional” in its minimum and medium period.

Elements: a) That the offender uses a name other than his real name. b) That he uses the fictitious name publicly. c) That the purpose of the offender is to conceal a crime - --to evade the execution of sentence - --to cause damage to public interest. Penalty

Art. 178. Using fictitious name and concealing true name Penalty: “Arresto mayor” and fine not to exceed P500.00

is any other name which a person publicly applies himself without authority of law.

Fictitious name

the purpose is only to conceal his identity. No publicity is required and the purpose of concealing the name is immaterial.

CONCEALING TRUE NAME

Note: The use of uniform or insignia is publicly and improperly, and uniform or insignia pertains to an office not belonging to or held by the offender. Wearing uniform of an imaginary office, not punishable. Such illegal use of uniform or insignia may be preparatory to the commission of the crime of usurpation of authority, hence punishable. Penalty

Art. 179. Illegal use of uniform or insignia. Penalty: “Arresto Mayor”

Elements: a) By falsely testifying under oath (must be in Judicial proceeding) b) By making a false affidavit. Penalty

Art. 183. False Testimony in other cases in Perjury | Penalty: “Arresto mayor” in its maximum period to “prision correccional”

The offender made statement under oath upon a material matter that is making an affidavit before a competent officer authorized to receive and administer oath. And that statement or affidavit is willful and deliberate assertion of falsehood, and that said affidavit is required by law.

PERJURY

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS (RA. 6425)

Republic Act No. 6425 has been amended by RA9165, Comprehensive Dangerous Drugs Act of 2002, which likewise created the PDEA.

1. Importation of prohibited drug

---Life imprisonment to death

2. Sale, administration, delivery, distribution and transportation of prohibited drugs

---Life imprisonment to death

3. Maintenance of a den, dive or resort for prohibited drugs users

---Imprisonment from 12 years 1 day to 20 years

4. Employees and visitors of prohibited drug den

---2 years 1 day to 6 years

5. Manufacture of Prohibited drugs

---Life imprisonment to death

6. Possession or use of prohibited drugs

---6 years 1 day to 12 years

Indian hemp | Indian hemp-marijuana

---6 months 1 day to 6 years

7. Cultivation of plants which are sources of prohibited drugs

---14 years 1 day to life imprisonment

8. Records of prescription, sales, purchases acquisitions and/or delivery of prohibited drugs

----1 year 1 day to 6 years

9. Unlawful prescription of prohibited drugs

----8 years 1 day to 12 years

10. Possession of opium pipe and other paraphernalia prescription of prohibited drugs

---4 years 1 day to 12 years

11. Importation of regulated drugs

---Life imprisonment to death

12. Manufacture of regulated drugs

---Life imprisonment to death

13. Sale, administration, to death dispensation, deliveries, transportation and distribution of regulated drugs

---Life imprisonment

14. Possession or use of regulated drugs

---6 months 1 day to 4 years

15. Records of prescriptions, sales, purchases and/or deliveries of regulated drugs

---6 months 1 day to 4 years

16. Unlawful prescription of regulated drugs

---4 years 1 day to years

17. Unnecessary prescription of regulated drugs

--- 6 months 1 day four years.

Under RA. 9165, the act of possession punishable by life imprisonment to death are the following:

1. 10 grams of opium 2. 10 grams of cocaine 3. 10 grams of morphine 4. 10 grams of heroin 5. 10 grams of marijuana resin 6. 50 grams of shabu 7. 500 grams of marijuana

Refers to the act of introducing a dangerous drug into the body.

Administer

Dangerous drugs refers to:

1) Prohibited drugs | 2) Regulated drugs

This includes opium and its active components and derivatives, such as heroin and morphine; coca leaf and its derivatives, principally cocaine alpha; and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD) and other substances producing similar effects; Indian hemp and its derivatives; all preparations made from any of the foregoing; and other drugs Whether natural or synthetic, with the physiological effects of a narcotic drug.

1) Prohibited drugs

This includes self-inducing sedatives such as secobarbital, Phenobarbital, pentobarbital, barbital, amobarbital and any other drug which contains a salt or a derivative of a salt of barbituric acid; any salt, isomer or salt of an isomer, of amphetamine, such as Benzedrine or Dexedrine, or any drug which produces a physiological action similar to amphetamine; and hypnotic drugs, such as methaqualone, nitrazepam or any other compound producing similar physiological effects.

2) Regulated drugs

Attempt or conspiracy to commit certain acts is punished with the same penalty prescribed for the commission of the offense, in the following cases:

a) importation of dangerous drugs b) sale, delivery, administration, distribution and transportation of dangerous drugs c) manufacture of dangerous drugs d) cultivation or culture of plants which are sources of prohibited drugs e) maintenance of a den, dive or resort for prohibited drugs users.

It is habitually dispensed for use by the customers and addicts.

Opium dive or resort is a place where opium

a) occupancy or taking, and | b) intent to possess

Elements of possession of opium

CRIMES AGAINST PUBLIC MORALS

Art. 195. Gambling. Art. 198. Illegal betting on horse races. Art. 199. (Amended/Modified by PD. 449) Illegal cockfighting Art. 200. Grave Scandal Art. 201. Immoral doctrine, obscene publication and exhibition. (Amended by RD. 969) Art. 202. Vagrants and prostitutes.

Acts Punishable: Taking part directly or indirectly in any game of monte, jueteng, or any form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard. *Penalty

Art. 195 Gambling Penalty: “Arresto menor” and in case of recidivism ---“arresto mayor”

Offenders of Art 195 Gambling

Offenders: Maintainer, conductor, banker

a) consideration b) chance, and c) prize or some advantage or inequality in amount or value which is in the nature of a prize.

Elements of Lottery

The El Debate newspaper advertised that it would give P18,000.00 to the winner of guessing contest as to who will be the Carnival Queen. To enter the contest one must subscribe to El Debate. One would subscribe merely to win. The subscription is very much lower in amount than the winning prize (P18,000.00).

The Court said there was lottery.

In US. versus Olsen, 500 packs of cigarettes are offered for sale. For 30 centavos per pack. In one of the 500 packs is a coupon which the finder is entitled to a new watch.

The Court said, no lottery because one obtains full value for his money, the winning of the watch, a mere incident.

The horse races are conducted on a day not allowed by law, such as: a) July 4th b) December 30th c) Registration or voting days d) Holy Thursday and Good Friday

Art. 198. Illegal betting on horse races.

Cockfighting is allowed only in licensed cockpit. Not allowed in unlicensed cockpit. Good Friday, Election, Referendum, Registration. *Penalty

Penalty: “prision correccional” in its maximum period financier, owner, manager, operator “prision correccional” any other offender

Penalty: “arresto mayor” and public censure to any person who shall offend against decency or good custom by any highly scandalous conduct not expressly falling within any other article of the Revised Penal Code. Public Scandal committed within public place or within the public knowledge.

Art. 200. Grave Scandal

Art. 201. Immoral doctrine, obscene publication and exhibition. (Amended by RD. 969) Penalty:

“prision mayor”

any person having no apparent means of livelihood, has physical ability to work but neglects to apply to some lawful calling. Any person found loitering around public or semipublic building places, or tramping or wandering about the country or streets without visible means of support. Idle or dissolute person who lodges in houses of ill fame, ruffians and those who habitually associate with prostitutes.

Vagrants

women who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Prostitute

Art. 202. Vagrants and prostitutes. *Penalty

Penalty: “arresto menor” in case of recidivism, “arresto mayor” in its medium period to “prision correccional” in its minimum period.

CRIMES COMMITTED BY PUBLIC OFFICERS:

Art. 203. Who are public officers. Art. 204. Knowingly rendering unjust judgment. Art. 205. Judgment rendered through negligence. Art. 206. Unjust interlocutory order. Art. 207. Malicious delay in the administration of justice Art. 208. Prosecution of offenses; negligence and tolerance Art. 210. Direct Bribery. Art. 211. Indirect Bribery. Art. 212. Corruption of public official Art. 213. Frauds against public treasury and similar offenses. Art. 217. Malversation of Public funds or property. Art. 220. Illegal use of public funds or property Art. 222. Officers included in the preceding Provisions. Art. 223. Conniving with or consenting to evasion. Art. 224. Evasion though negligence. Art. 225. Escape of prisoner under the custody of a person not a public officer. Art. 231. Open disobedience Art. 235. Maltreatment of prisoners. Art. 245. Abuses against chastity.

The term “______” embraces every public servant from the highest to the lowest.

public officers

a) Taking part in the performance of public functions in the government, or performing in said government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and b) That his authority to take part in the performance of public functions or to perform public duties must be: 1. by direct provision of law 2. by popular election 3. by appointment by competent authority

Public officer

Notes: One appointed as laborer in the government is not a public officer BUT ___________________________________ by a laborer makes him a public officer.

temporary performance of public functions

Dereliction of Duty:

Art. 205. Judgment rendered through negligence. Art. 206. Unjust interlocutory order. Art. 207. Malicious delay in the administration of justice Art. 208. Prosecution of offenses; negligence and tolerance

Bribery

Art. 210. Direct Bribery. Art. 211. Indirect Bribery. Art. 212. Corruption of public official

He was a laborer of the Bureau of Post but since he is appointed by the Director as sorter and filer of money orders which is public function, he became a public officer.

Example of public officer

Offender: a judge the decision is unjust and the judge knew that his judgment is unjust (due to error, ill-will or bribery *Penalty

Art. 204. Knowingly rendering unjust judgment. Penalty: “prision mayor” and perpetual absolute disqualification

Offender: under the Act, a judge Art. 206, the judgment is manifestly unjust and that is due to his inexcusable negligence or ignorance. *Penalty

Art. 205. Judgment rendered through negligence. Penalty: “arresto mayor” and temporary special disqualification

Offender: Judge Notes: The Judge knowingly renders interlocutory order or decree AND he rendered it due to inexcusable negligence or ignorance. *Penalty

Art. 206. Unjust interlocutory order. | Penalty: “arresto mayor” in its minimum period

is an order which is issued by the Court between the commencement and the end of suit or Action and which decides some point or matter, but which however, is not a final decision of the matter in issue.

Interlocutory order

Offender: Judge. There is a proceeding in court. The judge maliciously delays the administration of justice with deliberate intent to inflict damage on either party in the case. *Penalty

Art. 207. Malicious delay in the administration of justice Penalty: “prision correccional” in its minimum period

Offender: any public officer or officer of the law, such as the police, barangay captain, mayor, prosecutor, others who are tasked to enforce the law violated. The acts: 1) By maliciously refraining from instituting prosecution against violators of the law. 2) By maliciously tolerating the commission of offenses.

Art. 208. Prosecution of offenses; negligence and tolerance Penalty: “prision correccional in its minimum period”

A Public Officer commits direct bribery 1) By agreeing to perform or by performing, in consideration of any offer, promise or present an act constituting a crime, in connection with the performance of his official duties. 2) By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty. 3) By agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise.

Art. 210. Direct Bribery.

Art. 210. Direct Bribery an act in connection with the performance of official duties. *Penalty

Penalties: “prision correccional” in its minimum and medium periods

Obligation or security of the Philippines

Art. 169 Forgery

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

Penalty | Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister.

Notes: The penalty of “prision mayor” and a fine not exceeding P5,000.00

It is any written statement by which a right is established or an obligation extinguished. It is a writing or instrument by which a fact may be proven or affirmed.

Document

Thus, if a _____ is merely a draft, because it has not been approved by the proper authority, it can prove nothing and affirm nothing.

payroll

Art. 172. Falsification by private individuals and use of falsified documents.

Penalty of Art. 172. Falsification by private individuals and use of falsified documents.

Notes: The penalty is “prision correccional” in its medium and maximum periods and a fine of note more than P5,000.00.

In Article ____, the offender is either public officer or employee, or notary public or ecclesiastical minister; in Article ____, the offender is private individual.

171 | 172

Kinds of documents

a) Public document b) Official Document c) Private document d) Commercial document e) Note

a document created, executed or issued by public official in response to the exigencies of the public service, or in the execution of which a public official intervened.

Public document

a document which is issued by a public official in the exercise of the functions of his office. It is also a public document. It falls under the larger class called public documents.

Official Document

a deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized, by which document some disposition or agreement is proved.

Private document

any document defined and regulated by the Code of Commerce or any other commercial law.

Commercial document

____that a deed acknowledged before a notary public is a public document.

Note

Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate. Penalty

Any private person who shall falsify a certificate falling with the classes mentioned in the last two paragraphs. Penalty

The crimes are: False Medical Certificate by private individual or False Certificate of Merit by private individual. Penalty, “Arresto Mayor”

Art. 175. Using False Certificates Penalty, “Arresto menor”

1. By knowing and falsely representing oneself to be an officer, agent or representative of any department or agency of the government or any foreign government

First way of committing Art. 177. Usurpation of authority of official functions.

Second way of committing Art. 177. Usurpation of authority of official functions.

Penalty of Art. 177. Usurpation of authority of official functions.

Penalty: “Prision correccional” in its minimum and medium period.

Art. 178. Using fictitious name and concealing true name Penalty: “Arresto mayor” and fine not to exceed P500.00

is any other name which a person publicly applies himself without authority of law.

Fictitious name

the purpose is only to conceal his identity. No publicity is required and the purpose of concealing the name is immaterial.

CONCEALING TRUE NAME

Art. 179. Illegal use of uniform or insignia. Penalty: “Arresto Mayor”

Elements: a) By falsely testifying under oath (must be in Judicial proceeding) b) By making a false affidavit. Penalty

Art. 183. False Testimony in other cases in Perjury | Penalty: “Arresto mayor” in its maximum period to “prision correccional”

PERJURY

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS (RA. 6425)

Republic Act No. 6425 has been amended by RA9165, Comprehensive Dangerous Drugs Act of 2002, which likewise created the PDEA.

1. Importation of prohibited drug

---Life imprisonment to death

2. Sale, administration, delivery, distribution and transportation of prohibited drugs

---Life imprisonment to death

3. Maintenance of a den, dive or resort for prohibited drugs users

---Imprisonment from 12 years 1 day to 20 years

4. Employees and visitors of prohibited drug den

---2 years 1 day to 6 years

5. Manufacture of Prohibited drugs

---Life imprisonment to death

6. Possession or use of prohibited drugs

---6 years 1 day to 12 years

Indian hemp | Indian hemp-marijuana

---6 months 1 day to 6 years

7. Cultivation of plants which are sources of prohibited drugs

---14 years 1 day to life imprisonment

8. Records of prescription, sales, purchases acquisitions and/or delivery of prohibited drugs

----1 year 1 day to 6 years

9. Unlawful prescription of prohibited drugs

----8 years 1 day to 12 years

10. Possession of opium pipe and other paraphernalia prescription of prohibited drugs

---4 years 1 day to 12 years

11. Importation of regulated drugs

---Life imprisonment to death

12. Manufacture of regulated drugs

---Life imprisonment to death

13. Sale, administration, to death dispensation, deliveries, transportation and distribution of regulated drugs

---Life imprisonment

14. Possession or use of regulated drugs

---6 months 1 day to 4 years

15. Records of prescriptions, sales, purchases and/or deliveries of regulated drugs

---6 months 1 day to 4 years

16. Unlawful prescription of regulated drugs

---4 years 1 day to years

17. Unnecessary prescription of regulated drugs

--- 6 months 1 day four years.

Under RA. 9165, the act of possession punishable by life imprisonment to death are the following:

1. 10 grams of opium 2. 10 grams of cocaine 3. 10 grams of morphine 4. 10 grams of heroin 5. 10 grams of marijuana resin 6. 50 grams of shabu 7. 500 grams of marijuana

Refers to the act of introducing a dangerous drug into the body.

Administer

Dangerous drugs refers to:

1) Prohibited drugs | 2) Regulated drugs

1) Prohibited drugs

2) Regulated drugs

Attempt or conspiracy to commit certain acts is punished with the same penalty prescribed for the commission of the offense, in the following cases:

It is habitually dispensed for use by the customers and addicts.

Opium dive or resort is a place where opium

a) occupancy or taking, and | b) intent to possess

Elements of possession of opium

CRIMES AGAINST PUBLIC MORALS

Art. 195 Gambling Penalty: “Arresto menor” and in case of recidivism ---“arresto mayor”

Offenders of Art 195 Gambling

Offenders: Maintainer, conductor, banker

a) consideration b) chance, and c) prize or some advantage or inequality in amount or value which is in the nature of a prize.

Elements of Lottery

The Court said there was lottery.

In US. versus Olsen, 500 packs of cigarettes are offered for sale. For 30 centavos per pack. In one of the 500 packs is a coupon which the finder is entitled to a new watch.

The Court said, no lottery because one obtains full value for his money, the winning of the watch, a mere incident.

The horse races are conducted on a day not allowed by law, such as: a) July 4th b) December 30th c) Registration or voting days d) Holy Thursday and Good Friday

Art. 198. Illegal betting on horse races.

Cockfighting is allowed only in licensed cockpit. Not allowed in unlicensed cockpit. Good Friday, Election, Referendum, Registration. *Penalty

Penalty: “prision correccional” in its maximum period financier, owner, manager, operator “prision correccional” any other offender

Art. 200. Grave Scandal

Art. 201. Immoral doctrine, obscene publication and exhibition. (Amended by RD. 969) Penalty:

“prision mayor”

Vagrants

women who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Prostitute

Art. 202. Vagrants and prostitutes. *Penalty

Penalty: “arresto menor” in case of recidivism, “arresto mayor” in its medium period to “prision correccional” in its minimum period.

CRIMES COMMITTED BY PUBLIC OFFICERS:

The term “______” embraces every public servant from the highest to the lowest.

public officers

Public officer

Notes: One appointed as laborer in the government is not a public officer BUT ___________________________________ by a laborer makes him a public officer.

temporary performance of public functions

Dereliction of Duty:

Bribery

Art. 210. Direct Bribery. Art. 211. Indirect Bribery. Art. 212. Corruption of public official

He was a laborer of the Bureau of Post but since he is appointed by the Director as sorter and filer of money orders which is public function, he became a public officer.

Example of public officer

Offender: a judge the decision is unjust and the judge knew that his judgment is unjust (due to error, ill-will or bribery *Penalty

Art. 204. Knowingly rendering unjust judgment. Penalty: “prision mayor” and perpetual absolute disqualification

Offender: under the Act, a judge Art. 206, the judgment is manifestly unjust and that is due to his inexcusable negligence or ignorance. *Penalty

Art. 205. Judgment rendered through negligence. Penalty: “arresto mayor” and temporary special disqualification

Offender: Judge Notes: The Judge knowingly renders interlocutory order or decree AND he rendered it due to inexcusable negligence or ignorance. *Penalty

Art. 206. Unjust interlocutory order. | Penalty: “arresto mayor” in its minimum period

Interlocutory order

Offender: Judge. There is a proceeding in court. The judge maliciously delays the administration of justice with deliberate intent to inflict damage on either party in the case. *Penalty

Art. 207. Malicious delay in the administration of justice Penalty: “prision correccional” in its minimum period

Art. 208. Prosecution of offenses; negligence and tolerance Penalty: “prision correccional in its minimum period”

Art. 210. Direct Bribery.

Art. 210. Direct Bribery an act in connection with the performance of official duties. *Penalty

Penalties: “prision correccional” in its minimum and medium periods

Art. 210. Direct Bribery | refrain from doing something with it was his official duty to do

arresto mayor” in its medium and maximum . period

Elements: That the offender is a public officer. That he accepts gifts. That the said gifts are offered to him by reason of his office *Penalty

Art. 211. Indirect Bribery. Penalty: “arresto mayor,” suspension in its minimum and medium periods, and public censure

Distinction: Prevarication and bribery

In bribery one refrained from doing something which pertains to his official duty, prevarication committed in the same way. BUT they differ in bribery, the offender refrained from doing his official duty in consideration of a gift received or promised. WHILE this element is not necessary in prevarication, as it is sufficient that there is refraining or tolerance (Art. 208)

Distinction: Bribery and Indirect Bribery

1. In both crimes, public officers received gift 2. While in direct bribery there is an agreement between the public officer and the giver of the gift or present, in indirect bribery usually no such agreement exists 3. In direct bribery, the offender agrees to perform an act or refrains from doing something, because of the gift or promise; in indirect bribery it is not necessary that the Officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office.

Offender: Any person Elements: a) That the offender makes, offers or promise or gives gifts or presents to a public officer b) That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. Note: The offender is the giver of gift or offeror of promise. Bribery is usually proved by evidence acquired in entrapment. R.A. 3019-Anti-Graft and Corrupt Practices Act.

Art. 212. Corruption of public official. Penalty: The same penalty is imposed upon the officer corrupted

Offender: Public Officer. If an officer or employee of the BIR or Bu. of Custom, the provisions of the Administrative Code shall be applied. Elements of frauds against public treasury: a) The offender is a public officer b) That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity c) That he entered into agreement with any interested party or speculator or made use of any other scheme with regard to 1) The making of a contract, 2) furnishing supplies, 3) adjustment or settlement of accounts relating to public property or funds d) That the accused had intent to defraud the government Note: The public officer must act in his official capacity:

Art. 213. Frauds against public treasury and similar offenses. Penalty: “prision correccional” in its medium period to “prision mayor” in its minimum period.

a) That the offender is a public officer entrusted with the collection of taxes, licenses, fees and other imports. b) He is guilty of any of the following acts or omissions: 1. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized 2. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or 3. Collecting or receiving, directly or indirectly by way of payment or otherwise, things or objects of a nature different from that provided by law.

Elements of Illegal Exactions:

Mere demand for larger or different amount is sufficient to consummate the crime. When there is deceit in demanding greater fees than those prescribed by law, the crime committed is _____

estafa and not illegal exaction.

Offender: Any public officer Acts Punishable: 1) By appropriating public fund 2) By taking or misappropriating the same 3) By consenting, or through abandonment or negligence, by permitting any other person to take such public funds or property 4) By being otherwise guilty of the misappropriation or malversation of such funds or property. NOTES: The funds or property misappropriated or appropriated must be received in official capacity. The funds or property must be of the government *Penalty if the amount involved does not exceed P 200.00

Art. 217. Malversation of Public funds or property. Penalty: “prision correccional” in its medium and maximum periods

Art. 217. Malversation of Public funds or property. “prision mayor” in its maximum period to “reclusionn temporal” in its minimum period

Offender: Any public officer Acts Punishable: 1) By appropriating public fund 2) By taking or misappropriating the same 3) By consenting, or through abandonment or negligence, by permitting any other person to take such public funds or property 4) By being otherwise guilty of the misappropriation or malversation of such funds or property NOTES: The funds or property misappropriated or appropriated must be received in official capacity. The funds or property must be of the government *Penalty if -more than P 12,000.00 but is less than P 22,000.00

Art. 217. Malversation of Public funds or property. “reclusion temporal” in its medium and maximum periods

Offender: Any public officer Acts Punishable: 1) By appropriating public fund 2) By taking or misappropriating the same 3) By consenting, or through abandonment or negligence, by permitting any other person to take such public funds or property 4) By being otherwise guilty of the misappropriation or malversation of such funds or property NOTES: The funds or property misappropriated or appropriated must be received in official capacity. The funds or property must be of the government *Penalty if exceeding P 22,000.00

Art. 217. Malversation of Public funds or property. “reclusion temporal” in its maximum Period to “reclusion perpetua

Examples of public properties:

Firearms or explosives seized from the accused in a crime which are in the custody of peace officer. Timbers confiscated and impounded by DENR officers

Offender: Public Officer Acts: There is a public fund or property which has been appropriated by law or ordinance, but the offender applies the same to other public use. *Penalty

Art. 220. Illegal use of public funds or property | Penalty: “prision correccional” in its minimum period

Ex. A budget for installing waiting shed but the offender used the budget for installing pump in the plaza to be used for drinking purposes by public.

This is technical malversation.

Acts punishable: 1) Private individual, who in any capacity whatever, have charge of any national, provincial or municipal funds, revenue or property; 2) administrator or depository of funds or property, attached, seized or deposited by public authority, even if such property belongs to a private individual. *Penalty

Art. 222. Officers included in the preceding Provisions. Penalty: The same penalties imposed on public officer Offender: private individual

Evasion Offender: public officer *Penalty if the fugitive is sentenced by final judgment to any penalty

Art. 223. Conniving with or consenting to evasion. Penalties: “prision correccional” in its medium and maximum periods,

Evasion Offender: public officer Penalty in case the fugitive is not yet convicted but detained.

Art. 223. Conniving with or consenting to evasion. “prision correccional in its minimum period,

Offender: public officer Act: That while the prisoner is in the custody of the offender or the latter is charged with the conveyance of the prisoner (detention or by final judgment), the prisoner escapes though his negligence. *Penalty

Art. 224. Evasion though negligence. Penalty: “arresto mayor” in its maximum period to “prision correccional” in its minimum period

Offender: private individual Act: The conveyance or custody of a prisoner or person arrested is confided to him, and he consents to the escape of the prisoner under arrest, or escapes through his negligence *Penalty

Art. 225. Escape of prisoner under the custody of a person not a public officer. Penalty: one degree lower than the penalty imposable on a public officer

Offender: Judicial or Executive Officer Act: The offender without any legal justification refuses to execute the judgment, order or decision of superior authority, that he is duty bound to obey.

Art. 231. Open disobedience. Penalty: “arresto mayor” in its medium period to "prison correccional" in its minimum Period

Art. 235. Maltreatment of prisoners. Penalties: “arresto mayor” in its medium period to “prision correccional” in its minimum period,

Offender: public officer or employee when offender overdoes in handling or correction of a prisoner, imposition of punishment not authorized by law, or by inflicting such punishments in a cruel and humiliating manner. if the purpose is to extort a confession, or to obtain some information from the prisoner Note: The offended party must be a convict or detention prisoner

“prision correccional” in its medium period,

Offender: public officer/warden/jailguard soliciting or making indecent or immoral advances to a woman interested in matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer. OR by soliciting or making immoral or indecent advances to a woman under the offenders custody

Art. 245. Abuses against chastity. Penalties: “prision correccional” in its medium and maximum periods

Offender: public officer/warden/jailguard if the person solicited be the wife, daughter, sister, or relative within the same degree by affinity of any person in the custody of the offender or public officer

Art. 245. Abuses against chastity. “prision correccional” in its minimum or medium periods

NOTES: The word _____ means to propose earnestly and persistently something unchaste and immoral to a woman. The advances must be immoral or indecent

solicit

The crime of abuses against chastity is consummated by mere proposal

RA. No. 7877-Sexual Harassment

Offended parties: workers, employees, applicant for employment, undergoing training, instruction or education. Offenders: employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, other person having influence or moral ascendancy over another. Acts: sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting favorable compensation, terms, conditions, promotions or privileges; OR refusal to grant the sexual favor results in discriminating the victim. Note: What consummates the act is the demand of sexual favor.

Art. 245. Abuses against chastity. Penalty: Not less than one month nor more than six months imprisonment or a fine of not less than P10,000.00 nor more than P20,000.00 or both such fine and imprisonment.

CRIMES AGAINST PERSONS

``` Art. 246. Parricide Art. 247. Death or physical injuries inflicted under exceptional circumstances. Art. 248. Murder Art. 249. Homicide Art. 251. Death caused in a tumultuous affray Art. 253. Giving assistance to suicide Art. 254. Discharge of Firearms Art. 255. Infanticide. Art. 256. Intentional Abortion Art. 257. Unintentional abortion Art. 262. Mutilation Art. 263. Serious Physical Injuries Art. 265. Less Serious Physical Injuries Art. 266. Slight Physical Injuries and Maltreatment Art. 266-A. Rape ```

Offender: any person Offended parties: father, mother, child Whether legitimate or illegitimate, any of his ascendants, or spouse Elements: a) That a person is killed b) That the deceased is killed by the accused c) That the deceased is his father, mother or child Whether legitimate or illegitimate, ascendant, descendant or spouse. *Penalty

Art. 246. Parricide. Penalty: “reclusion perpetua to death”

Offender: Any legally married person, parent with respect to his/her daughter Acts punished: 1) That a legally married person or a parent surprises his/her spouse or daughter who is under 18 years of age and living with him/her in the act of committing sexual intercourse with another person. 2) That he/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter.

Art. 247. Death or physical injuries inflicted under exceptional circumstances. Penalty: “destierro”

Offender: any person Act: The killing of the victim is attended by any of the following circumstances 1. with treachery, taking advantage of superior strength, with the aid of armed men, or employing means or persons to insure or afford impunity. 2. in consideration of a price, reward or promise. 3. by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of or assault upon a street car, or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. 4. on occasion of any of the calamities enumerated above, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity. 5. With evident premeditation 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the Victim, or outraging or scoffling at his person or corpse. Elements: 1) That a person is killed 2) That the accused killed him 3) That the killing was attended by any of the circumstances above 4) That the killing is not parricide or infanticide.

Art. 248. Murder Penalty: “reclusion temporal in its maximum period to death”

Offender: any person Elements: 1) That a person is killed 2) That the accused killed him without any justifying circumstances 3) That the accused had the intention to kill, which is presumed.

Art. 249. Homicide | Penalty: “reclusion temporal”

Offender: any person | when the killer cannot be ascertained but one who inflicted serious physical injuries is identified.

Art. 251. Death caused in a tumultuous affray. | Penalty: “prision mayor”

Offender: any person | It if the person who inflicted the serious physical injuries cannot be determined

Art. 251. Death caused in a tumultuous affray. | “prision correccional”

exists when at least 4 persons took part who are armed or are provided with means of violence.

Tumultuous affray

assisting another to commit suicide Acts: 1) By assisting another to commit Suicide whether the suicide is consummated or not. 2) By lending his assistance to another to commit suicide to the extent of doing the killing himself.

Art. 253. Giving assistance to suicide. | Penalty: “prision mayor”

If the assistance is that he killed the victim who wanted to commit suicide. Acts: 1) By assisting another to commit Suicide whether the suicide is consummated or not. 2) By lending his assistance to another to commit suicide to the extent of doing the killing himself.

Art. 253. Giving assistance to suicide. “reclusion temporal”

in its medium and maximum period if the suicide is not consummated. Acts: 1) By assisting another to commit Suicide whether the suicide is consummated or not. 2) By lending his assistance to another to commit suicide to the extent of doing the killing himself.

Art. 253. Giving assistance to suicide. “arresto mayor”

Offender: any person Elements: 1) That the offender discharges a firearm against or at another person 2) That the offender has no intention to kill that person

Art. 254. Discharge of Firearms. Penalty: “prision correccional” in its minimum and maximum periods

Note: Firing a gun against a house of the offended party at random, not knowing in what part of the house the people inside were...

is only alarms of scandal under Art. 155.

Offended Party: a child less than 3 days of age *Penalty if the offended is the mother and the purpose is to conceal her dishonor Offenders: parent, grandparent,other relative or stranger Note: Delinquent mother who claims concealing dishonor must be of good reputation.

Art. 255. Infanticide. Penalty: same penalty provided in parricide and murder “prision correccional”

Offenders: any person who caused the abortion, the mother if she consented - if there is violence upon the mother - without using Violence upon the mother - if the mother consented Acts Punished: 1) By using any violence upon the person of the pregnant woman 2) By acting, but without using violence, without the consent of the woman (By administering drugs or beverages upon such pregnant woman without her consent). 3) By acting (By administering drugs or beverages), with the consent of the pregnant woman. Offended party: fetus which may be over or less than six months

Art. 256. Intentional Abortion. Penalties: “reclusion temporal” "prision mayor” “prision correccional” in its medium and maximum periods

Offender: a person who by violence caused abortion to a pregnant woman Note: The violence must be unintentionally exerted, and without intent to cause abortion. If the act was intentionally done, the offender may be guilty of intentional abortion through imprudence.

Art. 257. Unintentional abortion. Penalty: “prision correccional” in its minimum and medium periods

Offender: any person - mutilate another by depriving him, either totally or partially some essential organ for reproduction - any other intentional mutilation

Art. 262. Mutilation. Penalty: “reclusion temporal to reclusion perpetua,” “prision mayor” in its medium and maximum periods,

Notes: _____ means lopping or the clipping off of some parts of the body. The putting out of an eye does not fall under this definition. Thus, when a robber stabbed a woman in one eye and as a result of the wound thus inflicted she lost the use of the eye, there is no mutilation. The crime is ____

Mutilation physical injuries.

Other mutilation is lopping, clipping off of any part of the body. Mutilation of the first kind is _______.

castration

Acts Punished: 1) by wounding 2) by beating 3) by assaulting 4) by administering injurious substances - if the victim became insane, imbecile, impotent or blind - if the victim became deformed, or shall have lost the use thereof, or shall have been ill or incapacitated for work for a period of more than 90 days. - if the illness or incapacity for labor is more than 30 days - in case such offenses like Parricide and Murder shall have been committed.

Art. 263. Serious Physical Injuries. Penalties: -“Prision Mayor” -“Prision Correccional” in its medium and maximum periods -“Arresto Mayor” in its maximum period to - “Prision Correccional” in its minimum period -Higher Penalties

Penalties: - if the victim’s injuries require medical attendance for 10 days or more or incapacitated for labor on the same period. - if the injuries are inflicted with the manifest intent to insult or offend the injured person or under circumstances adding ignominy. - if the offense is committed against his parents, ascendants, guardians, curators, teachers or persons of rank, or person in authority but the act does not constitute ASSAULT.

Art. 265. Less Serious Physical Injuries - “Arresto Mayor” - “Arresto Mayor” and Fine of P500.00 - “Prision Correccional” in its minimum and medium periods

-if the injuries will incapacitate the victim for labor from one to nine days, or require medical attendance during same period -if the injuries do not incapacitate the victim or require medical attendance. -when the offender shall ill-treat the victim by deed without causing injury.

Art. 266. Slight Physical Injuries and Maltreatment Penalties: - “Arresto Menor” - “Arresto menor” or a Fine not exceeding P200.00 - “Arresto menor” in its minimum period or a fine not to exceed P50.00

How Committed: 1) BY ANY MAN who have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; b) When the offended party (woman) is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve years of age OR is demented even though none of the circumstances mentioned above be present. 2) BY ANY PERSON (meaning either Man or Woman) who, under any of the circumstances mentioned in paragraph 1, shall commit an act of sexual assault by inserting his penis (by a man) into another person’s mouth or anal orifice (victim may be another man or a woman), OR any instrument or object (like stick, blunt object, etc.) into the genital or anal orifice of another person (may be another man or a woman).

Art. 266-A. Rape

Art. 266-B. Penalties. - Rape under Paragraph 1 - when rape is committed with the use of deadly weapon or by two or more persons - if the victim became insane - when rape is attempted and Homicide is committed - when by reason or on the occasion of the rape, Homicide is committed - if the crime of rape is committed with any of the following aggravating/qualifying circumstances: a) When the victim is under 18 and the offender is a PARENT, ASCENDANT, STEPPARENT, GUARDIAN, RELATIVE BY AFFINITY OR CONSAGUINITY WITHIN THE THIRD CIVIL DEGREE (uncle, aunt, niece, nephew) or the COMMON-LAW SPOUSE OF THE PARENT OF THE VICTIM; b) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; c) When the rape is committed in full View of the spouse, parent, any of the children or other relative within the third civil degree of consanguinity; d) When the victim is engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; e) When the victim is a child below 7 years of age; f) When the offender knows that he is afflicted with AIDS/HIV or any other sexually transmissible disease and the virus or disease is transmitted to the victim; g) When committed by any member of the military or paramilitary units thereof or the PNP or any law enforcement or penal institution, When the offender took advantage of his position to facilitate the commission of the crime; h) When by reason or on the occasion of rape, the victim has suffered permanent physical mutilation or disability; i) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and j) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

``` Reclusion Perpetua Reclusion Perpetua to Death Reclusion Perpetua to Death Reclusion Perpetua to Death Death Death ```

Rape under paragraph 2 of Art. 266 -A is punishable by ____ - when the rape is committed with the use of deadly weapon or by two or more persons. - when the victim became insane - When the rape is attempted and Homicide is committed. - when homicide is committed on the occasion or by reason of rape. - When rape is attended by the circumstances mentioned above (a to j)

Prision Mayor Prision Mayor to Reclusion Temporal Reclusion Temporal Reclusion Temporal to Reclusion Perpetua Reclusion Perpetua Reclusion Temporal

Art. 266-C. Effect of Pardon.

1) Subsequent marriage between the offender and the offended party extinguishes the criminal action or the penalty imposed. 2) In case the offender is the legal husband, subsequent forgiveness by the Wife as the offended party extinguishes the criminal action or the penalty imposed.

Art. 266-D. Presumption. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or Where the offended party is so situated as to render him/her incapable of giving valid consent, may be accepted as evidence against the offender.

COMMENTS: The new law on rape expanded the definition of the crime of Rape under Republic Act. No. 8353, amending Art. 335 of the Revised Penal Code. Said law reclassifies Rape as a Crime Against Persons (and no longer a crime against Chastity, although same is a sexual crime) the significant effect is that, the Prosecutor can now institute criminal action against the offender even without a complaint filed by the offended party, her parent or guardian AS RAPE is no longer a Private Crime.

Private Crime to distinguish with Public Crime is that, Private Crimes are those crimes affecting one’s honor, like Crimes Against Chastity and Crimes against Honor. They are personal or private crimes. The State cannot institute criminal action without first the offended party, her guardian or parent filing a formal complaint with the Court or the Prosecutor’s Office. The State recognizes their right to remain silent than to expose herself/himself to public ridicule. ______are other crimes, except the crimes Against Honor and Chastity, wherein the crime committed by the offender is categorized not solely against the offended individual but against the society or State. Since it is the duty of the State to protect the people, the government through the Prosecutions’ Office can initiate criminal action basing from the complaint filed by the police or other governmental agencies. The new law provides that the crime of Rape can now be committed by man against another man OR by a woman against a man or another woman, as in paragraph 2, OR by a husband against his Wife even if they are not separated as in paragraph 2 also. However, the penalty in paragraph 2 is much lower than paragraph 1.

Public Crimes

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

``` Art. 267. Kidnapping and Serious Illegal Detention. Art. 269. Unlawful Arrest. Art. 170. Kidnapping and failure to return a minor Art. 272. Slavery. Art. 273. Exploitation of child labor. Art. 275. Abandonment of persons in danger and abandonment of one’s own victim. Art. 278. Exploitation of minors. Art. 280. Trespass to dwelling. Art. 282. Grave Threats. Art. 283. Light threats. Art. 286. Grave coercions. Art. 287. Light coercions. ```

- if the offender kidnapped another or in any manner deprived him of his liberty and the- a) Kidnapping or detention lasted for more than 5 days. b) It has been committed simulating public authority. c) Any serious physical injuries have been inflicted upon the person kidnapped or detained or if threat to kill the victim is made. d) If the person kidnapped or detained is a minor, woman or a public officer. -Where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if the above circumstances (a to d) are not present. Offender: Private individual. If the offender is a public officer, the crime committed is ______

Art. 267. Kidnapping and Serious Illegal Detention. - Penalties: Reclusion Perpetua to Death - Death Arbitrary Detention.

Elements: a) that the offender arrests or detains another person b) that the purpose of the offender is to deliver the victim to the proper authorities c) that the arrest or detention is not authorized by law or there is no reasonable ground therefor.

Art. 269. Unlawful Arrest. Penalty: Arresto Mayor It

In unlawful arrest, NOTES: The word here “_______” means the law enforcement agencies, AND at the time of the Arrest, the offended party is not committing a crime.

proper authorities

Art. 125 and Art. 269, distinguished: 1) In the crime of delivery of the detained persons to the proper judicial authority, the detention is for some legal ground; in unlawful arrest, the detention is __________ 2) Under _____, the crime is committed by failing to deliver such person to the proper judicial authority within a certain period of time in unlawful arrest, it is consummated by making an arrest not authorized by law. Note: No period of detention is fixed by law in Art. 269 but the motive of the offender is controlling.

not authorized by law | Art. 125

Act: Any person who is entrusted with the custody of a minor who deliberately fails to restore the minor to his parents or guardian.

Art. 170. Kidnapping and failure to return a minor Penalty: “reclusion perpetua.”

Acts: Offender purchases, sells, kidnaps, detains a human being and that the purpose is to enslave such human being.

Art. 272. Slavery. Penalty: “prision mayor”

Acts: The offender retains a minor in his service against the will of the minor, and that it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of the minor.

Art. 273. Exploitation of child labor. Penalty: prision correccional in its minimum and medium periods

Notes: An _________ is one which there is no house at all, a place at considerable distance from the poblacion, or where the houses are scattered. The wound or injury must have been accidentally inflicted, for if willfully inflicted, the offender is liable under the said article. The abandoned child must be under 7 years of age.

Uninhabited place Art. 275. Abandonment of persons in danger and abandonment of one’s own victim. Penalty: “arresto mayor”

Acts: employing a minor under 16 years of age, employing descendant under 12 years age, by delivering a child under 16 gratuitously to a person who is an acrobat or circus manager, and inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teacher to follow any person engaged in circus or acrobat.

Art. 278. Exploitation of minors. Penalty: prision correccional in its minimum and medium periods

* Penalty if offender enters the dwelling of another against the will of the owner * Penalty if committed by means of violence or intimidation. Note: the offender is a private person; if committed by public officer or employee, the crime is ________

Art. 280. Trespass to dwelling. Penalties: arresto mayor Prision correccional in its medium and maximum periods violation of domicile.

Penalty: ________for the crime the offender threatened to commit, if the offender made the threat demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose. If the offender did not attain his purpose, the penalty ________ shall be imposed. If the threat be made in writing or through a middleman, the penalty shall be imposed in the maximum period. *Penalty if the threat shall not have been made subject to a condition. Note: The essence of the crime of threats is _______.

Art. 282. Grave Threats. - penalty next lower in degree than that prescribed by the law - lower by two degrees - arresto mayor and a fine not exceeding P500.00 intimidation

Elements: 1) that an offender makes a threat to commit a wrong 2) That the wrong does not constitute a crime 3) That there is demand for money Or that condition is imposed, even though not unlawful 4) That the offender has attained his purpose or, that he has not attained his purpose.

Art. 283. Light threats. Penalty: arresto mayor

*Penalty for any person who, without authority of law, shall by means of violence, prevent another from doing something not prohibited by law or compel him to do something against his will, whether it be wrong or right. Acts: 1) By preventing another by means of violence from doing something not prohibited by law. 2) By compelling another by means of violence to do something against his will, Whether it be right or wrong.

Art. 286. Grave coercions. | Penalty: arresto mayor

any person who by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of debt, ______ in any other coercion or unjust vexation.

Art. 287. Light coercions. Penalty: arresto mayor in its minimum period -arresto menor

______includes any human conduct which although not productive of some physical or material harm would however, unjustly annoy or vex an innocent person. The offender’s act caused annoyance, irritation, vexation, torment, distress, or disturbance to the mind of the person to whom it is directed

Unjust vexation or other light coercion

CRIMES AGAINST PROPERTY

Art. 293 Robbery

Elements: 1) That there be a) personal property b) belonging to another 2) That there is unlawful taking of that property 3) That the taking must be with intent to gain; and 4) That there is violence against or intimidation of any person, or force upon things or any thing.

Art. 293. Who are guilty of robbery. Classification of robbery: 1) Robbery with violence against, or intimidation of persons (Arts. 294, 297 and 298) 2) Robbery by the use of force upon things (Arts. 299 and 302)

Robbery *if the crime of homicide is committed, *if accompanied by rape or intentional mutilation or physical injuries. *if the accompanying rape is committed with the use of deadly weapon or by two or more persons *any of physical injuries penalized under subdivision 2 of Art. 263 is committed *if the violence or intimidation employed shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of Art. 263 * in other cases. NOTE: In the commission of robbery by a band, the band must be composed of at least _____ armed malefactors who took part in the commission of robbery.

Art. 294. Robbery with violence against or intimidation of persons. - Penalties: reclusion perpetua to death - reclusion temporal in its medium period to reclusion perpetua - reclusion perpetua to death - reclusion temporal - prision mayor in its maximum period to reclusion temporal in its medium period - prision correccional in its maximum period to prision mayor in its medium period four

*if the value of the property taken is exceeding P250.00 Elements: 1. That the offender entered an inhabited house, or public building or edifice devoted to religious worship. 2. That the entrance was effected by any of the following means: a) through an opening not intended for entrance or egress; b) by breaking any wall, roof, or floor or breaking any door or window; c) By using false keys, picklocks or similar tools; or d) By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to another with intent to gain.

Art. 299. Robbery in an inhabited house or Public building or edifice devoted to worship Penalty: reclusion temporal

The term _______ 1) The tools mentioned in the next preceding article 2) Genuine keys stolen from the owner 3) Any keys other than those intended by the owner for use in the lock forcibly opened by the offender

Art. 305. False keys.

____is committed by any of the following: 1) Any person who having found lost property shall fail to deliver the same to the local authorities or to its owner 2) Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him 3) Any person who shall enter an enclosed estate or a field Where trespass is prohibited or forbidden or which belongs to another, and without the consent of the owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products. Note: Taking in _____ is complete when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once. In other cases it was held, that asportation is complete from the moment the offender had full possession of the thing, even if he did not have any opportunity to dispose of the same.

Art. 308. Who are liable for theft. | Theft

*if committed by domestic servant, with grave abuse of confidence, if the property stolen is motor vehicle, mail matter or large cattle, coconuts taken from plantation, fish taken from fishpond or fishery, if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any other calamity or misfortune, or timber smuggling. Special Laws: RA. 6539, Anti-Carnapping Law R.A. 533, Anti cattle rustling law P.D. No. 330, Timber smuggling P.D. No. 582, Piracy and Brigandage Law

Art. 310. Qualified Theft. | Penalty: Two degrees higher than those imposable penalties under Art. 309

Elements: 1) that the accused defrauded another by abuse of confidence or by means of deceit. 2) That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person

Art. 315. Swindling (Estafa).

Three different ways of committing estafa: 1. With unfaithfulness or abuse of confidence a) by altering substances, quantity, or quality of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be used on an immoral or illegal consideration. b) By misappropriating or converting, to the prejudice of another, money, goods or any other personal property received by the offender in trust, or in commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods or other property. c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of any third person 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transaction or by means of other similar deceits b) By altering the quality, fineness, or weight of anything pertaining to his art or business. c) By pretending to have bribed any government employee, without prejudice to the action for calumny, which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of penalty d) By postdating a check, or issuing a check in payment of an obligation when the offender had no fund in the bank or his fund deposited is not sufficient (failure to put fund in the bank within 3 days is prima facie evidence of deceit) e) By obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment without paying therefor with intent to defraud the proprietor or manager. 3. Through any of the following fraudulent means: a) by inducing another, by means of deceit, to sign any document b) by resorting to some fraudulent practice to insure success in a gambling game c) by removing, concealing or destroying, in whole or in part, any court record, office files, document, or any other papers. * if the amount of fraud is over P20,000.00 but not exceeding P22,000.00 AND adding one year for each additionally P10,000.00 but the penalty shall not exceed 20 years *if the amount of fraud is P6,000.00 but not exceeding P12,000.00 arresto mayor in its maximum period to *if such amount is over P200.00 but not exceeding P6,000.00 *if such amount does not exceed P200.00

- prision correccional in its maximum period to prision mayor in its minimum period - prision correccional in its minimum and medium periods - prision correccional in its minimum period - arresto mayor in its medium and maximum periods

Estafa is committed by: a) with unfaithfulness or abuse of confidence b) by means of false pretenses or fraudulent acts c) through fraudulent means These are reduced into two, such as:

1. estafa with abuse of confidence | 2. estafa by means of deceit

It is now not punishable by imprisonment. This is enunciated in the Administrative Circular No. 12-2000 signed and issued by Chief Justice Hilario Davide. This is stressed in the case of Eduardo Vaca vs. Court of Appeals, GR. No. 131714, November 16, 1998, 298 SCRA 656. In the recent case of Rosa Lim vs. People of the Philippines, GR. No. 130938, September 18, 2000, the Supreme Court reiterated the Vaca case by deleting the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by BR 22 which is P 200,000.00 and concluded that such would best serve the ends of criminal justice.

B.P. 22 Anti-Bouncing Checks Law

Malicious destruction of property by fire.

Arson

Acts: The offender burns: a) Any arsenal, shipyard, storehouse, or military powder of fireworks factory, ordnance, storehouse, archive or general museum of the government. b) Any passenger train or motor vehicle in motion or vessel out of port. c) In an inhabited place, any storehouse or factory of inflammable or explosive materials. d) Any theatre, church, cockpit or other building where meetings are held, when occupied by a numerous assemblage.

Art. 320. Destructive arson. | Penalty: reclusion temporal in its maximum period to reclusion perpetua

Art. 332. Persons exempt from criminal liability. No criminal but only civil liability in cases of ____,____,___ committed by spouse, ascendant, descendant, widowed spouse with respect to property which belonged to the deceased spouse before the same shall have passed into the possession of another, and brothers and sisters-in-law if living together.

theft, swindling or malicious mischief

CRIMES AGAINST CHASTITY

Art. 333. Who are Guilty of Adultery.

Offender: A married woman A paramour of the married woman who knew her to be married at the time or before the commission of the crime. Offended Party: the husband *Penalty Act: A married woman indulged in sexual intercourse with a man other than her husband

Art. 333. Who are Guilty of Adultery. Penalty: Prision Correccional in its medium and maximum periods

Offender: A husband of the offended party The concubine who knew him to be married before or at the time of the commission of the crime Offended Party: The wife Acts: A husband who keeps a mistress in the conjugal dwelling OR having sexual intercourse under scandalous circumstance with a woman not his wife in any other place. NOTES: Concubinage is a violation of the marital vow Same as that with Adultery

Art. 334. Concubinage. Penalty: Prision Correccional in its minimum and medium periods-husband Destierro-concubine

means the family home or the place where the family lives.

Conjugal dwelling

Art. 335. Rape. Rape has been redefined and reclassified as a _____. It is now provided under Articles 266-A to 266-D of Act No. 3815 pursuant to Republic Act No. 8353.

Crime Against Persons

Offended Party: either sex Acts: 1) Offender acts or commits an act of lasciviousness or lewdness NOTES: The act of lasciviousness or lewdness is done in any of the following: a) by use of force or intimidation b) when the offended party is otherwise unconscious or deprived of reason c) when the offended party is under 12 years of age

Art. 336. Acts of Lasciviousness. Penalty: Prision Correccional

Offended Party: A virgin over 12 but under 18, unmarried and of good reputation Offenders: Public Authority, priest, House servant, Domestic, Guardian, Teacher, OR any person who, in any capacity shall be entrusted with education or custody of the woman seduced * Penalty *brother seduced his sister OR descendant seduced by ascendant Notes: Offended party need not be physically virgin. The fact that the girl gave consent to sexual intercourse is not a defense in Qualified Seduction

Art. 337. Qualified Seduction. Penalties: Prision Correccional in its minimum and medium periods Penalty next higher in degree--brother seduced his sister OR descendant seduced by ascendant

Offended Party A woman who is single or widow of good reputation and over 12 but under 18 years of age Act: Committed by means of deceit.

Art. 338. Simple Seduction. Penalty: Arresto Mayor

Offended Party: woman Acts: abduction of a woman against her will and with lewd design Notes: The woman abducted may be married. Virginity is not an essential requisite. The taking of a woman may be accomplished by means of deceit first and then by means of Violence and intimidation. If the female abducted is under 18, the crime is forcible abduction even if she voluntarily goes with the abductor. Sexual intercourse is not necessary in forcible abduction. _____may be shown by conduct, as kissing and embracing her body and attempting to take hold of her body.

Art. 342. Forcible abduction. Penalty: reclusion temporal Lewd design

Offended Party: “ Virgin over 12 but under 18 Act: Taking away of the Victim was with her consent but with lewd design Notes: If Virgin is under 12, it is ______ Consent of the minor to being taken away be due to honeyed promises of marriage by the offender

Art. 343. Consented abduction. Penalty: prision correccional in its minimum and medium periods forcible abduction

Art. 334. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. Notes: The complaint in adultery and concubinage cannot be instituted without including both the guilty parties _____1 The offenses of seduction, abduction, or acts of lasciviousness cannot be instituted without the complaint filed by the _______2 Pardon of the offenders by the offended party is a bar to prosecution of adultery and concubinage. The pardon may be implied or express. But the pardon must come before the institution of the criminal action and both offenders must be pardoned by the offended party. ____3 It bars prosecution for seduction, abduction, or acts of lasciviousness. Pardon in seduction must also come before the institution of criminal action. The signing of the complaint can be done by the victim if minor, if insane aside from minor, the parent, or the grandparent or the guardian duly appointed by the court.

(philandering spouse and paramour) offended party, her parents, guardians or grandparents. Express pardon of the offender by the offended party

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Art. 347. Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child.

1) simulation of birth 2) substitution of one child for another 3) concealing or abandoning any legitimate child with intent to cause such child lose civil status. Notes: Simulation of birth like when woman pretends to be pregnant when in fact she is not, and on the day of supposed delivery takes the child of another.

Art. 347. Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child. Penalty: prision mayor

who usurps the civil status of another | Example: A impersonates himself to be C, the son of another and assumes the rights of C.

Art. 348. Usurpation of civil status. | Penalty: prision mayor

who usurps the civil status of another if the purpose is to defraud the offended party or his heirs Example: A impersonates himself to be C, and was able to get the inheritance of C.

Art. 348. Usurpation of civil status. | prision correccional in its medium and maximum periods

Act: contracting a second or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of judgment rendered in the proper proceedings. Notes: The first marriage must have been valued In contracting second or subsequent marriage there must be fraudulent intent.

Art. 349. Bigamy. | Penalty: prision mayor

CRIMES AGAINST HONOR

Art. 353 Libel

It is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one Who is dead. NOTES: ________ is the proper term but libel is used under art. 353.

Art. 353 Libel Defamation

a) crime allegedly committed by the offended party b) vice or defect, real or imaginary, of the offended party c) act, omission, condition, status of, or circumstances relating to the offended party

defamatory imputation

It is the communication of defamatory Words or matter to some third person or persons. Sending to the wife a letter defamatory of her husband is sufficient _____.

Publication

The malice or ill will either must be proved, malice in fact. The imputation will be sufficient if it tends to cause:

a) dishonor b) discredit c) contempt Dishonor-disgrace, shame or ignominy Discredit-loss of credit or reputation; disesteem Contempt-state of being despised

It is presumed from every defamatory imputation

MALICE IN LAW

Malice is not presumed in the following: a) a private communication made by any person to another in the performance of any legal, moral or social duty. b) A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceeding which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Penalties: * if libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition or any similar means. * upon any person who threatens another to publish a libel concerning him or parents, spouse, child or other members of the family * shall be imposed upon the editor, reporter, manager of the newspaper, daily or magazine.

prision correccional in its minimum and medium periods arresto mayor arresto mayor

* if it is of a serious and insulting nature (defamation-by words) * if not insulting or serious in nature

Art. 358. Slander. Penalty: arresto mayor in its maximum period to prision correccional in its minimum period, arresto menor

* if serious in nature * if not so serious Acts: The offender performs any act not included in any other crime against honor. And that such act is performed in the presence of other person or persons. Note: It is committed not by word but by action. EX. Slapping

Art. 359. Slander by deed. Penalty: arresto mayor in its maximum period to prision correccional in its minimum period Arresto menor

Note: The act constituting perjury tends directly to incriminate or imputes to an innocent person the commission of crime. The common example of incriminating an innocent person is planting evidence to show that a person committed a crime. On the question of whether it is possible to charge the crime of incriminatory machinations through unlawful arrest, the Supreme Court, through Mr. Justice Calixto Zaldivar, said: “x X x it is very apparent that by the end of the phrase unlawful arrest in the information an idea is conveyed that the unlawful arrest was resorted to as a necessary means to plant evidence in the person of the offended party, thereby incriminating him. From a reading of the information, we find a close connection between the act of the accused in first unlawfully arresting the offended party and then investigating him; and that it was during that investigation that they planted incriminatory evidence against him. We agree with the Solicitor General in his contention that the accused first had to resort to unlawful arrest in order to be able to plant the P1.00 bill among the money taken from the offended party.” (People vs. Alagao, 16 SCRA 879)

Art. 363. Incriminating Innocent Person.

Note: The act committed by a person is to make intrigue which has for its principal purpose to blemish the honor or reputation of a person. It is any scheme or plot designed to blemish the reputation of a person. Gossiping is a ______ and not intriguing against honor. BUT if the defamatory words source cannot be determined, it is _______ Example of this crime is spreading gossips to alienate one’s friendship with another.

Art. 364.-Intriguing Against Honor. defamation intriguing against honor.

Quasi-Offenses-Criminal Negligence:

Art. 365. Imprudence and Negligence.

It is not a crime in itself; it is simply a way of committing crime. It determines lower degree of liability. These are punishable only when it resulted in a crime.

Art. 365. Imprudence and Negligence.

_____ indicates a deficiency in action; _____ indicates deficiency of perception, hence, a failure in precaution is termed imprudence; failure in advertence is known as negligence.

Imprudence | negligence

- Anti-Carnapping Act; - Anti-Hijacking Law; - Anti-Highway Robbery Law of 1974; - Anti-Cattle Rustling Law of 1974; - Anti-Fencing Law of 1979; and - An Act Defining and Penalizing the Crime of Plunder.

The Special Penal Laws included are the following: RA. No. 6539-Anti-Carnapping Act; RA. No. 6235-Anti-Hijacking Law; RD. No. 532-Anti-Highway Robbery Law of 1974; RD. No. 533-Anti-Cattle Rustling Law of 1974; PD. No. 1612-Anti-Fencing Law of 1979; and RA. No. 7080-An Act Defining and Penalizing the Crime of Plunder.