CRIMson Flashcards

Question

Effect of mitigating circumstance in a complex crime

Answer 1

The presence of a third mitigating circumstance in a complex crime has only the effect of imposing the minimum portion of the maximum period.

Answer 2

Mistake of fact applies only when the mistake is committed without fault or carelessness. As early as in the case of People v. Oanis and Galanta, 74 Phil. 257 (1943), the Court has ruled that mistake of fact applies only when the mistake is committed without fault or carelessness: In support of the theory of non-liability by reasons of honest mistake of fact, appellants rely on the case of US. v. Ah Chong, 15 Phil. 488. The maxim is ignorantia facti excusat, but this applies only when the mistake is committed without fault or carelessness. In the Ah Chong case, defendant therein after having gone to bed was awakened by someone trying to open the door. He called out twice, “who is there,” but received no answer. Fearing that the intruder was a robber, he leaped from his bed and called out again, “If you enter the room, I will kill you.” But at that precise moment, he was struck by a chair which had been placed against the door and believing that he was then being attacked, he seized a kitchen knife and struck and fatally wounded the intruder who turned out to be his roommate. People vs. Esmael Gervero, et al., G.R. No. 206725, July 11, 2018

Answer 3

The requisites of an impossible crime are: (1) that the act performed would be an offense against persons or property; (2) that the act was done with evil intent; and (3) that its accomplishment was inherently impossible, or the means employed was either inadequate or ineffectual (4) the act does not fall under any other provision of the RPC The third element, inherent impossibility of accomplishing the crime, was explained more clearly by the Court in the case of Intod v. Court of Appeals, 215 SCRA 52 (1992), in this wise: Under this article, the act performed by the offender cannot produce an offense against persons or property because: (1) the commission of the offense is inherently impossible of accomplishment; or (2) the means employed is either (a) inadequate or (b) ineffectual. That the offense cannot be produced because the commission of the offense is inherently impossible of accomplishment is the focus of this petition. To be impossible under this clause, the act intended by the offender must be by its nature one impossible of accomplishment. There must be either (1) legal impossibility, or (2) physical impossibility of accomplishing the intended act in order to qualify the act as an impossible crime. Legal impossibility occurs where the intended acts, even if completed, would not amount to a crime. The impossibility of killing a person already dead falls in this category. On the other hand, factual impossibility occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. People vs. Hesson Callao y Marcelino and Junello Amad, G.R. No. 228945, March 14, 2018

Answer 4

In People v. Oanis, 74 Phil. 257 (1943), the Court set forth two requisites in order that fulfillment of duty and exercise of a right may be considered as justifying circumstance, namely: (a) that the offender acts in the performance of a duty or in the lawful exercise of a right; and (b) that the injury or offense committed be the necessary consequence of the due performance of such duty or in the lawful exercise of such right or office. If one is absent, accused is entitled to the privileged mitigating circumstance of incomplete fulfillment of duty or lawful exercise of right or office. People vs. Esmael Gervero, et al., G.R. No. 206725, July 11, 2018

Answer 5

There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape the sudden blow. The following elements must be established before the existence of treachery may be appreciated: (a) at the time of the attack, the victim was not in a position to defend himself; and (b) the accused consciously and deliberately adopted the particular means, methods, or forms of attack employed by him. The suddenness or unexpectedness alone, however, of the attack is insufficient to support the finding of treachery. xxx Absent clear and convincing evidence on how the attack was perpetrated, the conclusion that there was treachery is nothing more but an assumption. People vs. Romeo D. Calinawan a.k.a. “Meo”, G.R. No. 226145, February 13, 2017

Answer 6

For voluntary surrender to mitigate the offense, the following elements must be present: (a) the offender has not actually been arrested; (b) the offender surrendered himself to a person in authority; and (c) the surrender must be voluntary. A surrender, to be voluntary must be spontaneous, i.e., there must be an intent to submit oneself to authorities, either because he acknowledges his guilt or because he wishes to save them the trouble and expenses in capturing him. In the present case, Mercado did not actually surrender. Instead, he simply did not offer any resistance when so arrested. The records of the case reveal that when Evelyn was transported to the hospital, Mercado stayed in a nearby house where he watched as their house was engulfed in flames. While he was observing the fire, someone approached him and handcuffed him — to which act he did not resist. People vs. Patrick John Mercado y Anticla, G.R. No. 218702, October 17, 2018

Answer 7

For evident premeditation to be appreciated, the following must be proven beyond reasonable doubt: (1) the time when the accused determined to commit the crime; (2) an act manifestly indicating that the accused clung to his determination; and (3) sufficient lapse of time between such determination and execution to allow him to reflect upon the circumstances of his act.

Answer 8

accomplices are those persons who, not having acted as principals, cooperate in the execution of the offense by previous or simultaneous acts For one to be regarded as an accomplice, it must be shown that: (i) he knew the criminal design of the principal by direct participation, and concurred with the latter in his purpose; (ii) he cooperated in the execution by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and (iii) his acts bore a direct relation with the acts done by the principal. Excel Gurro v. People, G.R. Nos. 224562 and 237216, September 18, 2019

Answer 9

In case of conspiracy, one who participates in the material execution of the crime by standing guard or lending moral support to the actual perpetration thereof is criminally responsible to the same extent as the actual perpetrator, especially if they did nothing to prevent the commission of the crime.

Answer 10

No. Although the prosecution was able to prove that Appellant Garcia assisted in “concealing the body of the crime, in order to prevent its discovery,” he can neither be convicted as an accessory after the fact defined under Article 19, par. 2, of the Revised Penal Code. The records show that Appellant Garcia is a brother-in-law of Appellant Ortega, the latter’s sister, Maritess, being his wife. Such relationship exempts Appellant Garcia from criminal liability as provided by Article 20 of the Revised Penal Code: “ART. 20. Accessories who are exempt from criminal liability.—The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.” People v. Benjamin Ortega, Jr., et al., G.R. No. 116736, July 24, 1997

Answer 11

Under Article 8, paragraph 2 of the Revised Penal Code, the following are the elements of conspiracy: 1) two (2) or more persons came to an agreement; 2) the agreement concerned the commission of a felony; and 3) the execution of a felony was decided upon. Proof of conspiracy need not be based on direct evidence. It may be inferred from the parties’ conduct indicating a common understanding among themselves with respect to the commission of a crime. It is likewise not necessary to show that two (2) or more persons met together and entered into an explicit agreement setting out the details of an unlawful scheme or objective to be carried out. Conspiracy may be deduced from the mode or manner in which the crime was perpetrated. It may also be inferred from the acts of the accused evincing a joint or common purpose and design, concerted action, and community of interest. People v. Ronilee Casabuena, et al., G.R. No. 246580, June 23, 2020

Answer 12

Conspiracy may be presumed from, and proven by the acts before, during or after of, the accused pointing to a joint purpose, design, concerted action and community of interests.

Answer 13

Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Article 160, RPC

Answer 14

A person is a habitual delinquent if within a period of ten years from the date of his last release or last conviction of the crimes of (1) serious or less serious physical injuries, (2) robo, (3) hurto, (4) estafa or (5) falsification, he is found guilty of any of said crimes a third time or oftener. Article 62, last paragraph, RPC

Answer 15

In considering whether the accused is liable for the complex crime of estafa through falsification of public documents, it would be wrong to consider the component crimes separately from each other. While there may be two component crimes (estafa and falsification of public documents), both felonies are animated by and result from one and the same criminal intent for which there is only one criminal liability. That is the concept of a complex crime. In other words, while there are two crimes, they are treated only as one, subject to a single criminal liability. While a conviction for estafa through falsification of public documents requires that the elements of both estafa and falsification exist, it does not mean that the criminal liability for estafa may be determined and considered independently of that for falsification. The two crimes of estafa and falsification of public documents are not separate crimes but component crimes of the single complex crime of estafa and falsification of public documents. In this case, the prosecution was able to prove the elements of the crime.

Answer 16

No. Rebellion cannot be complexed with common crimes. The crime of rebellion cannot be complexed with murder, arson, robbery and/or other common crimes, committed as a means to or in furtherance of the rebellion charged. The reason is that political crimes are directly aimed against the political order and common crimes may be committed to achieve a political purpose. The decisive factor is the intent or motive. Hernandez ruling remains binding doctrine operating to prohibit the complexing of rebellion with any other offense committed on the occasion thereof, either as a means necessary to its commission or as an unintended effect of an activity that constitutes rebellion. In cases of rebellion, motive relates to the act, and mere membership in an organization dedicated to the furtherance of rebellion would not, by itself, suffice.

Answer 17

A conviction for robbery with homicide requires certitude that the robbery is the main purpose and objective of the malefactor, and the killing is merely incidental to the robbery. The intent to rob must precede the taking of human life. To sustain a conviction for robbery with homicide under Article 294, paragraph 1 of the Revised Penal Code, the prosecution must prove the following elements: 1. The taking of personal property is committed with violence or intimidation against persons; 2. The property taken belongs to another; 3. The taking is with the intent to gain or animo lucrandi; and 4. By reason or on occasion of the robbery, homicide is committed.

Answer 18

A comparison of the Informations filed in the two cases under consideration as well as the findings of facts of the appellate court tells us that they refer to the same series of acts. These series of acts amount to what is known in law as a continued, continuous or continuing offense. A continued crime is a single crime consisting of a series of acts but all arising from one criminal resolution. It is a continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy. Although there are series of acts, there is only one crime committed. Hence, only one penalty shall be imposed. Consuelo E. Mallari v. People and Court of Appeals, No. L-58886, December 13, 1988

Answer 19

The general concept of continuing offense is that the essential ingredients of the crime are committed in different provinces/[places]. An example is the complex offense of kidnapping with murder if the victim is transported through different provinces before he is actually killed. In such case, the CFI of any province in which any one of the essential elements of said complex offense has been committed, has jurisdiction to take cognizance of the offense. In transitory or continuing offenses some acts material and essential to the crime occur, in one province and some in another, in which case, the rule is settled that the court of either province where any of the essential ingredients of the crime took place has jurisdiction to try the case. There are, however, crimes which although all the elements thereof for its consummation may have occurred in a single place, yet by reason of the very nature of the offense committed, the violation of the law is deemed to be continuing. Of the first class, the crime of estafa or malversation, and abduction, may be mentioned; and as belonging to the second class are the crimes of kidnapping and illegal detention where the deprivation of liberty is persistent and continuing from one place to another and libel where the libelous matter is published or circulated from one province to another. To this latter class may also be included the crime of evasion of service of sentence, when the prisoner in his attempt to evade the service of sentence imposed upon him by the courts and thus defeat the purpose of the law, moves from one place to another; for, in this case, the act of the escaped prisoner is a continuous or series of acts set afoot by a single impulse and operated by an unintermittent force, however long it may be, It may not be validly said that after the convict shall have escaped from the place of his confinement the crime is fully consummated, for as long as he continues to evade the service of his sentence he is deemed to continue committing the crime, and may be arrested without warrant, at any place where he may be found.

Answer 20

1. When they are recidivists, or have been convicted previously twice or more times of any crime; and 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

Answer 21

When the offense is a complex crime, the penalty for which is that for the graver offense, to be imposed in the maximum period. For the complex crime of Direct Assault with Murder in Criminal Case Nos. 17646-B and 17647-B, the graver offense is Murder. Article 248 of the RPC provides for the penalty of reclusion perpetua to death for the felony of murder; thus, the imposable penalty should have been death. However, considering that the imposition of death penalty has been prohibited by Republic Act No. 9346, entitled “An Act Prohibiting the Imposition of Death Penalty in the Philippines”; the penalty of reclusion perpetua should be imposed upon appellants. In addition, the qualification “without eligibility for parole” should be affixed to qualify reclusion perpetua pursuant to A.M. No. 15-08-02-SC. Thus, the CA has properly imposed upon appellants the penalty of “reclusion perpetua without eligibility for parole”.

Answer 22

Recognizance is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty. The court where the case of such person has been filed shall allow the release of the accused on recognizance as provided herein, to the custody of a qualified member of the barangay, city or municipality where the accused resides. Section 3, R.A. No. 10389 or the “Recognizance Act of 2012”

Answer 23

Any of the following circumstances shall be a valid ground for the court to disqualify an accused from availing of the benefits provided under the Act: a) The accused bad made untruthful statements in his/her sworn affidavit prescribed under Section 5(a); b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime aggravated by the circumstance of reiteration; c) The accused had been found to have previously escaped from legal confinement, evaded sentence or has violated the conditions of bail or release on recognizance without valid justification; d) The accused had previously committed a crime while on probation, parole or under conditional pardon; e) The personal circumstances of the accused or nature of the facts surrounding his/her case indicate the probability of flight if released on recognizance; f) There is a great risk that the accused may commit another crime during the pendency of the case; and g) The accused has a pending criminal case which has the same or higher penalty to the new crime he/she is being accused of. Section 7, R.A. No. 10389

Answer 24

Section 3 of Republic Act (RA) No. 9346 provides that “[p]ersons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law (ISL), as amended.” Furthermore, Section 4 of the Probation Law, as amended, reads: SEC. 4. Grant of Probation. – Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction: xxx Section 4 of the Probation Law, as amended, intends to put a stop to the practice of appealing from judgments of conviction even if the sentence is probationable, for the purpose of securing an acquittal and applying for the probation only if the accused fails in his bid. An accused must not have appealed his conviction before he can avail himself of probation. Jurisprudence treats appeal and probation as mutually exclusive remedies because the law is unmistakable about it. The law is very clear and a contrary interpretation would counter its envisioned mandate. Thus, even assuming that herein accused-appellant is qualified to apply for parole, he has already availed himself of the remedy of appeal twice, by appealing the RTC judgment of conviction before the Court of Appeals, and then appealing the Court of Appeals decision affirming his conviction before this Court, which already proscribes him from applying for probation. People vs. Renato Galuga y Wad-As, G.R. No. 221428, February 13, 2019

Answer 25

Appellant’s death has the effect of extinguishing his criminal liability. Article 89(1) of the Revised Penal Code provides that criminal liability is totally extinguished by the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. People v. Gerry Lipata y Ortiza, G.R. No. 200302, April 20, 2016

Answer 26

Article 344 applied to marriages contracted between the offender and the offended party in the crime of rape as well as in the crime of abuse of chastity to totally extinguish the criminal liability of and the corresponding penalty that may have been imposed upon those found guilty of the felony.

Answer 27

"Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. Section 3(a), P.D. No. 968 or the Probation Law of 1976

Answer 28

a. sentenced to serve a maximum term of imprisonment of more than six (6) years; b. convicted of any crime against the national security; c. who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00); d. who have been once on probation under the provisions of this Decree; and e. who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof. Section 9, P.D. No. 968, as amended by R.A. No. 10707 f. Disqualified under special penal laws: i. Offenders found guilty of any election offense in accordance with Section 264 of B.P. Blg. 881 (Omnibus Election Code); ii. Offenders found guilty of violation of R.A. No. 6727 (Wage Rationalization Act, as amended); iii. Offenders found guilty of violation of R.A. No. 9165 or The Comprehensive Dangerous Drugs Act of 2002, except Sections 12, 14, 17, and 70

Answer 29

After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted. The probationer and the probation officer shall each be furnished with a copy of such order. Section 16, P.D. No. 968, as amended by R.A. No. 10707

Answer 30

1. By conditional pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence. Article 94, RPC as amended by R.A. No. 10592

Answer 31

The reduction of a prisoner’s sentence is a partial pardon, and our Constitution reposes in the President the power and the exclusive prerogative to extend the same. The 1987 Constitution, specifically under Section 19, Article VII thereof, provides that the President possesses the power to grant pardons, along with other acts of executive clemency, which petitioner explicitly recognized by applying for commutation of sentence even during the pendency of his request for the implementation of the conditional pardon. Ruben E. Tiu v. Hon. Natividad G. Dizon, et al., G.R. No. 211269, June 15, 2016

Answer 32

A conditional pardon, [which] is a contract between the sovereign power or the Chief Executive and the convicted criminal to the effect that the former will release the latter subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one.

Answer 33

The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Article 96, RPC

Answer 34

Despite various amendments to the law, the standard of behavior in granting GCTA remains to be “good conduct.” In essence, the definition of what constitutes “good conduct” has been invariable through the years, thus: Act No. 1533: “not been guilty of a violation of discipline or any of the rules of the prison, and has labored with diligence and fidelity upon all such tasks as have been assigned to him.” BUCOR Operating Manual dated March 30, 2000: “displays good behavior and who has no record of breach of discipline or violation of prison rules and regulations.” IRR of R.A. No. 10592: “the conspicuous and satisfactory behavior of a detention or convicted prisoner consisting of active involvement in rehabilitation programs, productive participation in authorized work activities or accomplishment of exemplary deeds coupled with faithful obedience to all prison/jail rules and regulations.”

Answer 35

Parole refers to the conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence.

Answer 36

Parole is extended only to those sentenced to divisible penalties. Reclusion perpetua is an indivisible penalty without a minimum or maximum period. Parole on the other hand, is extended only to those sentenced to divisible penalties as is evident from Section 5 of the Indeterminate Sentence Law, which provides that it is only after “any prisoner shall have served the minimum penalty imposed on him” that the Board of Indeterminate Sentence may consider whether such prisoner may be granted parole.

Answer 37

Subject to Section 49 of this Act, terrorism is committed by any person who, within or outside the Philippines, regardless of the stage of execution: (a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a person's life; (b) Engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property; (c) Engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure; (d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and (e) Release of dangerous substances, or causing fire, floods or explosions. when the purpose of such act, by its nature and context, is to: i. intimidate the general public or a segment thereof; ii. create an atmosphere or spread a message of fear; iii. to provoke or influence by intimidation the government or any international organization; or iv. seriously destabilize or destroy the fundamental political, economic, or social structures of the country; or v. create a public emergency or seriously undermine public safety shall be guilty of committing terrorism and shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592, otherwise known as "An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, as amended, otherwise known as the Revised Penal Code". Provided, That, terrorism as defined in this section shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety. Section 4, R.A. No. 11479.

Answer 38

There is a threat to commit terrorism when an intent to commit terrorism as defined in Section 4 of the Act is communicated by any means to another person or entity under circumstances that indicate the credibility of the threat. Any person found guilty shall be imprisoned for 12 years. Section 5, R.A. No. 11479.

Answer 39

There is a conspiracy to commit terrorism when two (2) or more persons come to an agreement concerning the commission of terrorism as defined in Section 4 of the Act and decide to commit the same. Any person found guilty shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of R.A. No. 10592. Section 7, R.A. No. 11479.

Answer 40

Any person who, directly or indirectly, willfully and without lawful excuse, possesses, provides, collects or uses property or funds or makes available property, funds or financial service or other related services, by any means, with the unlawful and willful intention that they should be used or with the knowledge that they are to be used, in full or in part: (a) to carry out or facilitate the commission of any terrorist act; (b) by a terrorist organization, association or group; or (c) by an individual terrorist, shall be guilty of the crime of financing of terrorism and shall suffer the penalty of reclusion temporal in its maximum period to reclusion perpetua and a fine of not less than Five hundred thousand pesos (Php500,000.00) nor more than One million pesos (Php1,000,000.00). Any person who organizes or directs others to commit financing of terrorism under the immediately preceding paragraph shall likewise be guilty of an offense and shall suffer the same penalty as herein prescribed. For purposes of this Act, knowledge or intent may be established by direct evidence or inferred from the attendant circumstances. For an act to constitute a crime under this Act, it shall not be necessary that the funds were actually used to carry out a crime referred to in Section 3(j). Section 4, R. A. No. 10168

Answer 41

ART. 125. Delay in the delivery of detained persons to the proper judicial authorities.—The penalties provided in the next preceding articles shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. Based on applicable laws and jurisprudence, an election day or a special holiday, should not be included in the computation of the period prescribed by law for the filing of complaint/information in courts in cases of warrantless arrests, it being a “no-office day.”

Answer 42

Anti-Subversion Act (RA 1700) punishes affiliation or mere membership in a subversive organization as defined therein. The taking up of arms by a member of a subversive organization against the Government is but a circumstance which raises the penalty to be imposed upon the offender. Rebellion is the rising publicly and taking up arms against the Government for any of the purposes specified in Article 134 of the RPC. "for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives."

Answer 43

Complex crime of assault upon a person in authority with disturbance of public order

Answer 44

Direct assault is an offense against public order that may be committed in two ways: first, by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; and second, by any person or persons who, without a public uprising, shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.

Answer 45

The offense may be committed in two ways: (1) by removing a person confined in any jail or penal establishment; and (2) by helping such a person to escape. To remove means to take away a person from the place of his confinement, with or without the active cooperation of the person released. To help in the escape of a person confined in any jail or penal institution means to furnish that person with the material means such as a file, ladder, rope, etc. which greatly facilitate his escape. The offense under this article is usually committed by an outsider who removes from jail any person therein confined or helps him escape. If the offender is a public officer who has custody or charge of the prisoner, he is liable for infidelity in the custody of prisoner defined and penalized under Article 223 of the RPC.

Answer 46

No. Article 160 of the RPC provides a special aggravating circumstance for quasi-recidivism by imposing the maximum of the penalty for the new offense, and it cannot be offset by any mitigating circumstance.

Answer 47

The elements of Article 171 are: (1) the offender is a public officer, employee, or notary public; (2) he takes advantage of his official position; and (3) that he falsifies a document by committing any of the ways it is done. It bears emphasis that what is punished in falsification of a public document is the violation of the public faith and the destruction of the truth as solemnly proclaimed in it.

Answer 48

The act of “altering true dates” requires that: (a) the date mentioned in the document is essential; and (b) the alteration of the date in a document must affect either the veracity of the document or the effects thereof. On the other hand, “making alteration or intercalation in a genuine document” requires a showing that: (a) there be an alteration (change) or intercalation (insertion) on a document; (b) it was made on a genuine document; (c) the alteration or intercalation has changed the meaning of the document; and (d) the change made the document speak something false.

Answer 49

The elements of Falsification of Private Documents under Article 172(2) of the RPC are: a) that the offender committed any of the acts of falsification, except those in Article 171(7) of the same Code; b) that the falsification was committed in any private document; and c) that the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage.

Answer 50

In cases of falsification of private documents, the venue is the place where the document is actually falsified, to the prejudice of or with the intent to prejudice a third person, regardless whether or not the falsified document is put to the improper or illegal use for which it was intended.

Answer 51

Article 172(2) of the RPCf, as amended, states that mere intent to cause such damage is sufficient. On the other hand, falsification of documents under paragraph 1 of Article 172, like Article 171, does not require the idea of gain or the intent to injure a third person as an element of conviction. Considering that even though in the falsification of public or official documents, whether by public officials or by private persons, it is unnecessary that there be present the idea of gain or the intent to injure a third person, for the reason that, in contradistinction to private documents, the principal thing punished is the violation of the solemnly proclaimed, it must, nevertheless, be borne in mind that the change in the public document must be such as to affect the integrity of the same or to change the effects which it would otherwise produce; for unless that happens, there could not exist the essential element of the intention to commit the crime which is required by Article 1 [now Article 3] of the Penal Code.

Answer 52

Not all the elements of the crime punished by paragraph 2, Article 172 are included under Article 171. Specifically, the former offense requires the element of damage, which is not a requisite in the latter Falsification under paragraph 2 of Article 172 goes beyond the elements of falsification enumerated under Article 171. The former requires additional independent evidence of damage or intention to cause the same to a third person. Simply put, in Article 171, damage is not an element of the crime; but in paragraph 2 of Article 172, or falsification of a private document, damage is an element necessary for conviction.

Answer 53

The date of registration of the forged or falsified document. Article 90 of the RPC provides that the period for the prescription of offenses commences from the day on which the crime is discovered by the offended party, the authorities, or their agents. But if the offense is falsification of a public document punishable under Article 172 of the RPC, as in this case, the period for prescription commences on the date of registration of the forged or falsified document. As consistently applied in land registration proceedings, the act of registration serves as a constructive notice to the entire world, charging everyone with knowledge of the contents of the document. In People v. Reyes, 175 SCRA 597 (1989), the Court justified the application of this rule in criminal cases.

Answer 54

false and knowing representation, i.e. the malicious misrepresentation as an agent, officer, or representative of the government.

Answer 55

Under Article 177 of the RPC, as amended, the elements of the crime of usurpation of official functions are when a person: (1) performs any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof; (2) acts under pretense of official position; and (3) acts without being lawfully entitled to do so.

Answer 56

Yes. In People v. Hilvano, good faith is a defense in criminal prosecutions for usurpation of official functions. The term "good faith" is ordinarily used to describe that state of mind denoting "honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry; an honest intention to abstain from taking any unconscientious advantage of another, even though technicalities of law, together with absence of all information, notice, or benefit or belief of facts, which render transaction unconscientious. Good faith is actually a question of intention and although something internal, it can be ascertained by relying not on one's self-serving protestations of good faith but on evidence of his conduct and outward acts. In this case, the records fail to show that private respondent acted in bad faith in withdrawing the Special Allotment Release Order. On the contrary, it appears it was petitioner who acted in bad faith. Private respondent claims that despite the notice of withdrawal and the directive to return the public fund to the National Treasury pending compliance with the rules, petitioner brazenly procured various infrastructure projects. Petitioner was the only one among the local chief executives who disregarded the order from the Executive Department.

Answer 57

a) That the accused made a statement under oath or executed an affidavit upon a material matter; b) That the statement or affidavit was made before a competent officer, authorized to receive and administer oath; c) That in the statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; and d) That the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose

Answer 58

A. Concept: It is a crime consisting of the performance or doing any act which is highly scandalous as to offend against decency and good custom. 1. The act, either a physical observable activity or audible noise, both of which scandalizes those who see or hear them. As for instance the act of engaging in a torrid kissing, urinating or defecating or going around in scanty attire, or loud obscene sex noises. 2. They must be done either: (a) In a public place i.e where people usually go or congregate such as in parks, movie houses, bazaars, malls. In these places the presence of third persons is not required; or (b) Within public knowledge or public view. This refers to private houses, rooms, grounds, veranda, but the noises made are so loud or the acts can be seen by third persons. The third person must not however be a Peeping Tom. B. The act must not be punished under any other provision of the Code as this is a crime of last resort or a catch-all crime.

Answer 59

Any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government, or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer. Article 203, RPC "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph. Section 2(b), R.A. No. 3019 “Public Officer” means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. Section 1(a), R.A. No. 7080

Answer 60

The crime of direct bribery exists when a public officer: (1) agrees to perform an act that constitutes a crime in consideration of any offer, promise, gift or present; (2) accepts the gift in consideration of the execution of an act that does not constitute a crime; or (3) abstains from the performance of official duties. However, where the act is entirely outside of the official functions of the officer to whom the money is offered, the offense is not bribery.

Answer 61

The violation of Section 3(b) of RA 3019 is neither identical nor necessarily inclusive of direct bribery. While they have common elements, not all the essential elements of one offense are included among or form part of those enumerated in the other. Whereas the mere request or demand of a gift, present, share, percentage or benefit is enough to constitute a violation of Section 3(b) of RA 3019, acceptance of a promise or offer or receipt of a gift or present is required in direct bribery. Moreover, the ambit of Section 3(b) of RA 3019 is specific. It is limited only to contracts or transactions involving monetary consideration where the public officer has the authority to intervene under the law. Direct bribery, on the other hand, has a wider and more general scope: (a) performance of an act constituting a crime; (b) execution of an unjust act which does not constitute a crime and (c) agreeing to refrain or refraining from doing an act which is his official duty to do.

Answer 62

Indirect bribery is committed by a public officer who shall accept gifts offered to him by reason of his office. The essential ingredient of indirect bribery as defined in Article 211 of the Revised Penal Code is that the public officer concerned must have accepted the gift or material consideration.

Answer 63

No. Malversation is committed either intentionally or by negligence; All that is necessary for conviction is sufficient proof that the accountable officer had received public funds, that he did not have them in his possession when demand therefor was made, and that he could not satisfactorily explain his failure to do so. Direct evidence of personal misappropriation by the accused is hardly necessary as long as the accused cannot explain satisfactorily the shortage in his accounts. The offense is mala prohibita, meaning that the prohibited act is not inherently immoral but becomes a criminal offense because positive law forbids its commission based on considerations of public policy, order, and convenience. It is the commission of an act as defined by the law, and not the character or effect thereof, that determines whether or not the provision has been violated. Hence, malice or criminal intent is completely irrelevant.

Answer 64

The essential elements of the crime of technical malversation defined in Article 220 of the Revised Penal Code, which are: (1) That the offender is a public officer; (2) That there is public fund or property under his administration; (3) That such public fund or property has been appropriated by law or ordinance; and (4) That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance.

Answer 65

In order to be guilty under the aforequoted provisions of the RPC, it is necessary that the public officer had consented to, or connived in, the escape of the prisoner under his custody or charge. Connivance in the escape of a prisoner on the part of the person in charge is an essential condition in the commission of the crime of faithlessness in the custody of the prisoner. If the public officer charged with the duty of guarding him does not connive with the fugitive, then he has not violated the law and is not guilty of the crime.

Answer 66

The elements of the crime under the Article 224 of the RPC are: a) that the offender is a public officer; b) that he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment; and c) that such prisoner escapes through his negligence.

Answer 67

Under Art. 241 of the RPC, the crime of usurpation of judicial authority involves the following elements: (1) that the offender is an officer of the executive branch of the government; and (2) that he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

Answer 68

Mayors have no longer the power to conduct preliminary investigations, much less issue orders of arrest. Section 143 of the Local Government Code, conferring this power on the mayor has been abrogated, rendered functus officio by the 1987 Constitution which took effect on February 2, 1987, the date of its ratification by the Filipino people.

Answer 69

In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. (j) Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. (k) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (l) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government. Section 3, R. A. No. 3019

Answer 70

(a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer. (b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof. Section 4, R. A. No. 3019

Answer 71

It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession. Section 5, R. A. No. 3019

Answer 72

All offenses punishable under R. A. No. 3019 shall prescribe in twenty years. Section 11, R. A. No. 3019, as amended by R. A. No. 10910 Plunder Under the Anti-Plunder Law, the right of the State to recover properties unlawfully acquired by public officers from them, or from their nominees or transferees shall not be barred by prescription, laches, or estoppel.

Answer 73

The elements of violation of Section 3(e) of RA 3019 are as follows: (a) that the accused must be a public officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); (b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and (c) that his action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his functions.

Answer 74

Manifest partiality is when there is a clear, notorious, or plain inclination or predilection to favor one side or person rather than another. Evident bad faith connotes not only bad judgment but also palpably and patently fraudulent and dishonest purpose to do moral obliquity or conscious wrongdoing for some perverse motive or ill will. Gross inexcusable negligence refers to negligence characterized by the want of even the slightest care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with conscious indifference to consequences insofar as other persons may be affected.

Answer 75

Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. Section 2, R.A. No. 7080 as amended by R. A. No. 7659 In the crime of plunder, the amount of ill-gotten wealth acquired by each accused in a conspiracy is immaterial for as long as the total amount amassed, acquired or accumulated is at least P50 million.

Answer 76

In terms of proving its existence, conspiracy takes two forms. The first is the express form, which requires proof of an actual agreement among all the coconspirators to commit the crime. However, conspiracies are not always shown to have been expressly agreed upon. Thus, we have the second form, the implied conspiracy. An implied conspiracy exists when two or more persons are shown to have aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their combined acts, though apparently independent, were in fact connected and cooperative, indicating closeness of personal association and a concurrence of sentiment. Implied conspiracy is proved through the mode and manner of the commission of the offense, or from the acts of the accused before, during and after the commission of the crime indubitably pointing to a joint purpose, a concert of action and a community of interest.

Answer 77

The wheel conspiracy occurs when there is a single person or group (the hub) dealing individually with two or more other persons or groups (the spokes). The spoke typically interacts with the hub rather than with another spoke. In the event that the spoke shares a common purpose to succeed, there is a single conspiracy. However, in the instances when each spoke is unconcerned with the success of the other spokes, there are multiple conspiracies. An illustration of wheel conspiracy wherein there is only one conspiracy involved was the conspiracy alleged in the information for plunder filed against former President Estrada and his co-conspirators. Former President Estrada was the hub while the spokes were all the other accused individuals. The rim that enclosed the spokes was the common goal in the overall conspiracy, i.e., the amassing, accumulation and acquisition of ill gotten wealth.

Answer 78

The chain conspiracy recognized in Estrada v. Sandiganbayan, 377 SCRA 538 (2002), exists when there is successive communication and cooperation in much the same way as with legitimate business operations between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and consumer. This involves individuals linked together in a vertical chain to achieve a criminal objective. Illustrative of chain conspiracy was that involved in United States v. Bruno, 105 F.2d 921 (2d Cir. 1939), of the US Court of Appeals for the Second Circuit. There, 88 defendants were indicted for a conspiracy to import, sell, and possess narcotics. This case involved several smugglers who had brought narcotics to retailers who, in turn, had sold the narcotics to operatives in Texas and Louisiana for distribution to addicts. The US Court of Appeals for the Second Circuit ruled that what transpired was a single chain conspiracy in which the smugglers knew that the middlemen must sell to retailers for distribution to addicts, and the retailers knew that the middle men must purchase drugs from smugglers. As reasoned by the court, “the conspirators at one end of the chain knew that the unlawful business would not and could not, stop with their buyers; and those at the other end knew that it had not begun with their sellers.” Each conspirator knew that “the success of that part with which he was immediately concerned was dependent upon success of the whole.” This means, therefore, that “every member of the conspiracy was liable for every illegal transaction carried out by other members of the conspiracy in Texas and in Louisiana.”

Answer 79

Article 246 of the Revised Penal Code provides: Article 246. Parricide.—Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

Answer 80

As distinguished from infanticide, the elements of unintentional abortion are as follows: (1) that there is a pregnant woman; (2) that violence is used upon such pregnant woman without intending an abortion; (3) that the violence is intentionally exerted; and (4) that as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom. In the crime of infanticide, it is necessary that the child be born alive and be viable, that is, capable of independent existence. However, even if the child who was expelled prematurely and deliberately were alive at birth, the offense is abortion due to the fact that a fetus with an intrauterine life of 6 months is not viable.

Answer 81

Art. 248. Murder.—Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. x x x 5. With evident premeditation.

Answer 82

The elements of evident premeditation are: 1) a previous decision by the accused to commit the crime; 2) an overt act or acts manifestly indicating that the accused has clung to his determination; 3) a lapse of time between the decision to commit the crime and its actual execution enough to allow the accused to reflect upon the consequences of his acts In this case, Macaspac’s having suddenly left the group and his utterance of “Hintayin n’yo ako d’yan, wawalisin ko kayo” marked the time of his resolve to commit the crime. His returning to the group with the knife manifested his clinging to his resolve to inflict lethal harm on the others. The first and second elements of evident premeditation were thereby established. But it is the essence of this circumstance that the execution of the criminal act be preceded by cool thought and reflection upon the resolve to carry out the criminal intent during the space of time sufficient to arrive at calm judgment. Was the lapse of time between the determination and execution — a matter of three (3) minutes, based on the records — sufficient to allow him to reflect upon the consequences of his act? By quickly returning to the group with the knife, he let no appreciable time pass to allow him to reflect upon his resolve to carry out his criminal intent. It was as if the execution immediately followed the resolve to commit the crime. As such, the third requisite was absent. There is no evident premeditation when the attack was the result of rising tempers or made in the heat of anger. It is settled, however, that mere existence of ill feelings or grudges between the parties is not sufficient to sustain a conclusion of premeditated killing. Furthermore, it cannot be said that enough time has passed to allow accused-appellant to reflect upon the consequences of his act. “It has been held in one case that even the lapse of 30 minutes between the determination to commit a crime and the execution thereof is insufficient for full meditation on the consequences of the act.” The essence of premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during an interval of time sufficient to arrive at a calm judgment. There is no evident premeditation when the attack was the result of rising tempers or made in the heat of anger.

Answer 83

Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime.

Answer 84

No. Section 8. Designation of the offense.—The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. The provision is in consonance with the constitutional rights of the accused to be informed of the nature and cause of accusation against him. The purpose is to allow the accused to fully prepare for his defense, precluding surprises during the trial. Hence, even if the prosecution has duly proven the presence of any of these circumstances, the Court cannot appreciate the same if they were not alleged in the Information.

Answer 85

To successfully prosecute the crime of homicide, the following elements must be proved beyond reasonable doubt: (1) that a person was killed; (2) that the accused killed that person without any justifying circumstance; (3) that the accused had the intention to kill, which is presumed; and (4) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Moreover, the offender is said to have performed all the acts of execution if the wound inflicted on the victim is mortal and could cause the death of the victim without medical intervention or attendance.

Answer 86

As the second element of unlawful aggression will show, it is of two kinds: (a) actual or material unlawful aggression; and (b) imminent unlawful aggression. Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury. Imminent unlawful aggression means an attack that is impending or at the point of happening; it must not consist in a mere threatening or intimidating attitude, nor must it be merely imaginary, but must be offensive, menacing and positively strong, manifestly showing the wrongful intent to cause injury (like aiming a revolver at another with intent to shoot or opening a knife and making a motion as if to attack). There must be an actual, sudden, unexpected attack or imminent danger thereof, which puts the accused’s life in real peril.

Answer 87

Reasonable necessity of the means employed to prevent or repel the aggression — requires a reasonable proportionality between the unlawful aggression and the defensive response: “[t]he means employed by the person invoking self-defense contemplates a rational equivalence between the means of attack and the defense. This is a matter that depends on the circumstances: Reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense. What the law requires is rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. As We stated in the case of People v. Lara, 48 Phil. 153 (1925), in emergencies of this kind, human nature does not act upon processes of formal reason but in obedience to the instinct of self-preservation; and when it is apparent that a person has reasonably acted upon this instinct, it is the duty of the courts to sanction the act and hold the act irresponsible in law for the consequences.

Answer 88

As to the offenders. In Article 122, the offenders are strangers and not members of the complement or passengers. In PD No. 532, the offenders are either members of the complement or passengers. As to the situs of the crime. Article 122 can be committed either in Philippine waters or in high seas. PD No. 132 can only be committed in Philippine waters. As to qualifying circumstances. In Article 122, piracy is qualified by boarding or firing upon the ship to seize it; by abandoning the victims without means of saving themselves or by committing murder, homicide, physical injuries or rape, the penalty shall be reclusion perpetua to death. In PD No. 532, same circumstances and “other cimes” qualify the offense (any crimes qualify).

Answer 89

Time and again, the SC has held that when an unlawful aggression that has begun has ceased to exist, the one who resorts to self-defense has no right to kill or even to wound the former aggressor. Aggression, if not continuous, does not constitute aggression warranting defense of one’s self. The condition sine qua non of unlawful aggression being absent, self-defense cannot be appreciated in favor of the accused. a. There must be actual or physical attack present b. The attack or assault is actual or impending to happen c. The attack or assault is unlawful Actual/material > By means of physical force or a weapon Impending > attack is at the point of happening

Answer 90

A killing done at the spur of the moment cannot be treacherous. Even where the victim was shot from behind, if the shooting was done in the course of a heated argument between the victim and the assailant, treachery should not be appreciated, for in that situation, the assailant was filled with anger and rage and excitement, and had no time to reflect on his actions; in other words, he could not be shown to have consciously adopted the mode of attacking the victim from behind to facilitate the killing without risk to himself. To establish the attendance of treachery in such an environment, the State’s evidence must competently and convincingly show that the accused made some preparation to kill the victim; hence, a killing done at the spur of the moment cannot be treacherous.

Answer 91

True. A frontal attack could still be deemed treacherous when unexpected and on an unarmed who would not be in a position to repel the attack or avoid it. It has been held, however, that treachery may still be appreciated even when the victim was forewarned of the danger to his person. What is decisive is that the execution of the attack made it impossible for the victim to retaliate or defend himself, as in this case.

Answer 92

Arson and the resulting homicide is absorbed

Answer 93

Murder only.

Answer 94

There are two separate and distinct crimes committed —homicide/murder and arson.

Answer 95

When the intent to kill is lacking, but wounds are shown to have been inflicted upon the victim, the crime is not frustrated or attempted homicide but physical injuries only. Since the victim’s period of incapacity and healing of his injuries was more than 30 days — he was confined at the hospital from November 5 to 25, 2001, or for 20 days, and his period of healing was “two (2) to four (4) weeks barring complications” — the crime committed is serious physical injuries under Article 263, par. 4 of the Revised Penal Code.

Answer 96

The elements of rape by carnal knowledge under Article 266-A(1)(a) are: 1) the offender had carnal knowledge of a woman; and 2) such act was accomplished through force, threat, or intimidation.

Answer 97

Yes. An accused may be convicted of rape on the basis of the victim’s sole testimony provided it is credible, consistent and convincing. Rape is a crime that is almost always committed in isolation or in secret, usually leaving only the victim to testify about the commission of the crime. As such, an accused may be convicted of rape on the basis of the victim’s sole testimony provided it is credible, consistent and convincing.

Answer 98

1. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the 3rd civil degree, or the common law spouse of the parent of the victim 2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution 3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity 4. When the victim is a religious 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 5. When the victim is a child below 7 years old. 6. When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim. 7. When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime 8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime 10. 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. Take note of the 10 scenarios in Art. 266 (B) which qualifies rape A step-brother or step-sister relationship between the offender and the offended party cannot elevate the crime to qualified rape because they are not related either by blood or affinity. The enumeration is exclsuive.

Answer 99

Rape under the RPC, as amended, can be committed in two ways: (1) Article 266-A, paragraph 1 refers to rape through sexual intercourse, also known as “organ rape” or “penile rape.” The central element in rape through sexual intercourse is carnal knowledge, which must be proven beyond reasonable doubt. (2) Article 266-A, paragraph 2 refers to rape by sexual assault, also called “instrument or object rape,” or “gender-free rape.” It must be attended by any of the circumstances enumerated in subparagraphs (a) to (d) of paragraph 1. Note: Where the rape is committed by a close kin, such as the victim’s father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.

Answer 100

For the accused to be found guilty of the crime of statutory rape, two (2) elements must concur: (1) that the offender had carnal knowledge of the victim; and (2) that the victim is below twelve (12) years old. If the woman is under 12 years of age, proof of force and consent becomes immaterial not only because force is not an element of statutory rape, but the absence of a free consent is presumed. Conviction will therefore lie, provided sexual intercourse is proven. It is committed regardless of whether there was force, threat, or intimidation; fraud or grave abuse of authority; and whether the victim was deprived of reason or consciousness. It is enough that the age of the victim is proven and that there was sexual intercourse. In the recent case of People v. Castillo, the Court En Banc settled that the crime is statutory Rape when the victim has a mental age of a person below 12 years old.

Answer 101

The following are the elements of rape by sexual assault: (1) That the offender commits an act of sexual assault; (2) That the act of sexual assault is committed by any of the following means: a. By inserting his penis into another person’s mouth or anal orifice; or b. By inserting any instrument or object into the genital or anal orifice of another person. (3) That the act of sexual assault is accomplished under any of the following circumstances: a. By using force and intimidation; b. When the woman is deprived of reason or otherwise unconscious; c. By means of fraudulent machination or grave abuse of authority; or d. When the woman is under 12 years of age or demented.

Answer 102

Rape by sexual assault is the act of “inserting the penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.” I (J. Martires) maintain my position in People v. Caoili that the insertion of the finger into the vagina constitutes rape through sexual intercourse and not rape by sexual assault. Rape by sexual assault is the act of “inserting the penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.” Instrument is defined as “utensil or implement.” On the other hand, object is defined as “a discrete visible or tangible thing.” The finger, however, is neither an instrument nor an object. Stripped to its most basic definition, a finger is a body part. Consequently, applying the principle of expressio unius est exclusio alterius which means that the express mention of one thing excludes all others, the insertion of the finger or any other body part into the genital or anal orifice of another person could not be properly categorized as rape by sexual assault. The basic difference between an instrument or object on the one hand and the finger or any body part on the other is that on account of its independent existence, the former, by itself, can be used in the dastardly act of assaulting another person; whereas the latter owes its function to the fact that it is attached to the body. For sure, a person would not go to the extent of cutting his finger and then use the severed finger to sexually assault another person.

Answer 103

“Hazing” refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a pre-requisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization including, but not limited to, paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This shall also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.

Answer 104

“Initiation or Initiation Rites” refer to ceremonies, practices, rituals, or other acts, whether formal or informal, that a person must perform or take part in order to be accepted into a fraternity, sorority, or organization as a full-fledged member. It includes ceremonies, practices, rituals, and other acts in all stages of membership in a fraternity, sorority, or organization. Section 2(b), R.A. No. 8049, as amended

Answer 105

“Organization” refers to an organized body of people which includes, but is not limited to, any club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions. Section 2(c), R. A. No. 8049, as amended

Answer 106

Section 14(c) of RA No. 11053 imposes the penalty of reclusion temporal in its maximum period and a P1-million fine on all persons present in the conduct of the hazing. This new penalty affirms the law’s policy to suppress the escalation and encouragement of hazing, and to severely punish bystanders and watchers of the reprehensible acts committed. As noted by public respondents, a P3 million fine shall be imposed in addition to the penalty of reclusion perpetua for those who actually planned or participated in the hazing if it results in death, rape, sodomy, or mutilation. Further, Republic Act No. 11053 put in place imposable penalties on certain members, officers, and alumni of the organization involved in the hazing, and prescribes the administrative sanctions, if applicable. The concealment of the offense or obstruction of the investigation is also penalized. Notably, Section 14(c) of Republic Act No. 11053 imposes the penalty of reclusion temporal in its maximum period and a P1-million fine on all persons present in the conduct of the hazing. This new penalty affirms the law’s policy to suppress the escalation and encouragement of hazing, and to severely punish bystanders and watchers of the reprehensible acts committed.

Answer 107

The elements of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code, as amended, are: 1. the offender is a private individual; 2. he kidnaps or detains another or in any other manner deprives the latter of his liberty; 3. the act of detention or kidnapping must be illegal; and 4. in the commission of the offense, any of the following circumstances is present: a. the kidnapping or detention lasts for more than three (3) days; or b. it is committed by simulating public authority; or c. serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. the person kidnapped or detained is a minor, female, or a public officer. For there to be kidnapping, it is enough that the victim is restrained from going home. It is settled that the crime of serious illegal detention consists not only of placing a person in an enclosure, but also in detaining him or depriving him of his liberty in any manner. For there to be kidnapping, it is enough that the victim is restrained from going home. Its essence is the actual deprivation of the victim’s liberty, coupled with indubitable proof of the intent of the accused to effect such deprivation.

Answer 108

In prosecuting a case involving the crime of kidnapping for ransom, the following elements must be established: (i) the accused was a private person; (ii) he kidnapped or detained or in any manner deprived another of his or her liberty; (iii) the kidnapping or detention was illegal; and (iv) the victim was kidnapped or detained for ransom.

Answer 109

Corpus delicti is the fact of the commission of the crime which may be proved by the testimony of the witnesses who saw it. To prove the corpus delicti, it is sufficient for the prosecution to be able to show that (1) a certain fact has been proven — say, a person has died or a building has been burned; and (2) a particular person is criminally responsible for the act.

Answer 110

Robbery in general is defined under Article 293 of the RPC as follows: Art. 293. Who are guilty of robbery.—Any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything, shall be guilty of robbery. The elements of robbery are thus: (1) there is taking of personal property; (2) the personal property belongs to another; (3) the taking is with animus lucrandi; and (4) the taking is with violence against or intimidation of persons or with force upon things.

Answer 111

There are five classes of robbery under the latter, namely: (a) robbery with homicide (par. 1); (b) robbery with rape, intentional mutilation, or the physical injuries penalized in subdivision 1 of Article 263 (par. 2); (c) robbery with physical injuries penalized in subdivision 2 of Article 263 (par. 3); (d) robbery committed with unnecessary violence or with physical injuries covered by subdivisions 3 and 4 of Article 263 (par. 4); and (e) robbery in other cases, or simply robbery (par. 5), where the violence against or intimidation of persons cannot be subsumed by, or where it is not sufficiently specified so as to fall under, the first four paragraphs. 1. Robbery with Homicide (not murder) 2. Robbery with Rape (not attempted rape) 3. Robbery with Intentional Mutilations 4. Robbery with Arson: it is essential that robbery precede the arson, as in the case of rape and intentional mutilation, because the amendment included arson among the rape and intentional mutilation which have accompanied the robbery NOTE: Arson is only an aggravating circumstance if may homicide, rape, intentional mutilation (in that order). Arson has been made a component only of robbery with violence against or intimidation of persons but not of robbery by the use of force upon things. Hence, if the robbery was by the use of force upon things and therewith arson was committed, two distinct crimes are committed. 5. Robbery with Physical Injuries: the physical injuries must always be serious. If only less serious or slight, they are absorbed in the robbery. But if the less serious physical injuries were committed after the robbery was already consummated, there would be a separate charge for the less serious/slight physical injuries.

Answer 112

The phrase ‘by means of violence against or intimidation of persons’ in Article 312 must be construed to refer to the same phrase used in Article 94. There are five classes of robbery under the latter. Paragraphs one to four or Article 294 indisputably involve the use of violence against persons. The actual physical force inflicted results in death, rape, mutilation or the physical injuries therein enumerated. The simple robbery under paragraph five may cover physical injuries not included in paragraphs two to four. Thus, when less serious physical injuries or slight physical injuries are inflicted upon the offended party on the occasion of a robbery, the accused may be prosecuted for and convicted of robbery under paragraph five. It seems obvious that intimidation is not encompassed under paragraphs one to four since no actual physical violence is inflicted; evidently then, it can only fall under paragraph five. But what is meant by the word intimidation? It is defined in Black’s Law Dictionary as ‘unlawful coercion; extortion; duress; putting in fear.’ To take, or attempt to take, by intimidation means ‘wilfully to take, or attempt to take, by putting in fear of bodily harm.” As shown in United States v. Osorio material violence is not indispensable for there to be intimidation, intense fear produced in the mind of the victim which restricts or hinders the exercise of the will is sufficient.

Answer 113

Robbery with Homicide is a special complex crime/composite crime against property. It exists when a homicide is committed either by reason, or on the occasion, of the robbery. In this kind of crime, the offender's original intent is to commit robbery and the homicide must only be incidental. The killing may occur before, during, or even after the robbery. It is only the result obtained, without reference or distinction as to the circumstances, causes, modes or persons intervening in the commission of the crime, that has to be taken into consideration. It is immaterial that the death would supervene by mere accident; or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed or that aside from the homicide, rape, intentional mutilation, or usurpation of authority, is committed by reason or on the occasion of the crime. It is also of no moment that the victim of homicide is one of the robbers. The word "homicide" is used in its generic sense and includes murder, parricide, and infanticide. As such, the crime is robbery with homicide when the killing was committed to facilitate the taking of the property or escape of the culprit, to preserve the possession of the loot, to prevent the discovery of robbery, or to eliminate witnesses in the commission of the crime. In charging Robbery with Homicide, the onus probandi is to establish: (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property belongs to another; (c) the taking is characterized with animus lucrandi or with intent to gain; and (d) on the occasion or by reason of the robbery, the crime of homicide, which is used in the generic sense, was committed.

Answer 114

When the killing is committed by reason of or on the occasion of the robbery, the qualifying circumstances attendant to the killing would be considered as generic aggravating circumstances. In numerous cases, We held that when the killing is committed by reason of or on the occasion of the robbery, the qualifying circumstances attendant to the killing would be considered as generic aggravating circumstances. Thus, in the case at bar, the circumstance of abuse of superior strength serves to aggravate the crime.

Answer 115

No. Evident premeditation cannot be appreciated as an aggravating circumstance in the crime of robbery with homicide because the elements of which are already inherent in the crime. Evident premeditation is inherent in crimes against property.

Answer 116

Robbery with Rape is a special complex crime under Article 294 of the RPC. It contemplates a situation where the original intent of the accused was to take, with intent to gain, personal property belonging to another and rape is committed on the occasion thereof or as an accompanying crime. The crime of Robbery with Rape is penalized under Article 294 of the RPC, as amended by Section 9 of Republic Act (R.A.) No. 7659. To be convicted of robbery with rape, the following elements must concur: (1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is characterized by intent to gain or animus lucrandi; and (4) the robbery is accompanied by rape.

Answer 117

Yes. Under Article 308, par. 2(1) of the RPC, Theft is also committed by one’s failure to deliver lost property to its owner or local authorities. Under Article 308, par. 2(1) of the RPC, Theft is also committed by one’s failure to deliver lost property to its owner or local authorities. In this kind of Theft, it is essential to prove: 1. the finding of lost property; 2. the failure of the finder to deliver the same to the local authorities or its owner. A “finder” under Article 308, par. 2(1) of the RPC is not only limited to the actual finder of the lost property since the gist of the offense is the furtive taking and misappropriation of the property found. Though not the actual finder, there is no dispute that Pante knew for a fact that his two coaccused minor did not own the subject money. He knew for a fact that his co-accused minor merely found the money along the road while the latter was delivering bread. Instead of returning the money, Pante convinced his co-accused minors not to return the money and to divide it among themselves. At that moment, Pante placed himself precisely in the situation as if he was the actual finder. Otherwise stated, petitioner was a “finder in law,” if not in fact; and his act in appropriating the money was of precisely of the same character as if it had been originally found by him. His criminal intent to commandeer the money found was altogether clear at that point. The rationale for the “finder in law” concept is not difficult to fathom. It is precisely to protect the owner of the lost property in the event the lost property is transferred from one individual to another and to prevent the “finder in law” from escaping liability by claiming that he was not the actual finder thereof but was merely entrusted custody thereof by someone who had no intention to appropriate the same. “Otherwise, a person knowingly receiving lost property from the finder, who had no intent to steal, with the felonious intent to appropriate it to his [or her] own use, escapes punishment. In such case, whether or not the person taking the money is guilty of [theft] must be determined on the same principles which govern in the case of the actual finder.”

Answer 118

1. If theft is committed by a domestic servant; 2. If the theft is committed with grave abuse of confidence 3. If the property stolen is a motor vehicle, mail matter or large cattle (see carnapping) 4. If the property stolen consist of coconuts taken from the premises of a plantation 5. If the property stolen is fish taken from a fishpond or fishery or 6. If the property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

Answer 119

The elements of estafa by means of deceit under Article 315(2)(a) of the RPC are the following: a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and d) that, as a result thereof, the offended party suffered damage.

Answer 120

Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. It is a generic term embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to secure an advantage over another by false suggestions or by suppression of truth and includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated. On the other hand, deceit is the false representation of a matter of fact, whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury.

Answer 121

"Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Section 2(a), P. D. No. 1612 Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. Section 5, P.D. No. 1612.

Answer 122

"Fence" includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing. Section 2(b), P. D. No. 1612

Answer 123

All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. Section 6, P. D. No. 1612

Answer 124

To sustain a conviction of violation of B.P. 22, the prosecution must prove beyond reasonable doubt three (3) essential elements, namely: 1) The accused makes, draws or issues any check to apply to account or for value; 2) The accused knows at the time of the issuance that he or she does not have sufficient funds in, or credit with, drawee bank for payment of the check in full upon its presentment; and 3) The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit; or it would have been dishonored for the same reason had not the drawer, without any valid reasons, ordered the bank to stop payment.

Answer 125

(a) the check is presented within ninety (90) days from the date of the check; (b) the drawer or maker of the check receives notice that such check has not been paid by the drawee; and (c) the drawer or maker of the check fails to pay the holder of the check the amount due thereon, or make arrangements for payment in full within five (5) banking days after receiving notice that such check has not been paid by the drawee. In other words, the presumption is brought into existence only after it is proved that the issuer had received a notice of dishonor and that within five (5) days from receipt thereof, he failed to pay the amount of the check or to make arrangements for its payment. The presumption or prima facie evidence, as provided in this Section, cannot arise if such notice of nonpayment by the drawee bank is not sent to the maker or drawer, or if there is no proof as to when such notice was received by the drawer, since there would simply be no way of reckoning the crucial 5-day period.

Answer 126

“Motor vehicle” refers to any vehicle propelled by any power other than muscular power using the public highways, except (1) road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; (2) vehicles which run only on rails or tracks; and (3) tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as a separate motor vehicle with no power rating. Section 2(e), R.A. No. 10883

Answer 127

Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things. Section 3, 1st paragraph, R.A. No. 10883

Answer 128

If a motorcycle is used in the commission of a crime constituting a grave felony under the Revised Penal Code, or in the escape from the scene of such crime, regardless of the stage of commission, whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by reclusion temporal to reclusion perpetua as provided under the Revised Penal Code. If a motorcycle is used in the commission of a crime constituting a less grave felony or light felony under Revised Penal Code or any other crime, or in the escape from the scene of such crime, regardless of the stage of commission whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by prision correccional to prision mayor, as provided under the Revised Penal Code. If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall be imposed. If death or serious physical injuries, as defined under the Revised Penal Code, results from the unlawful use of a motorcycle in the commission of a crime, the penalty of reclusion perpetua as provided under the Revised Penal Code shall be imposed. Section 9, R.A. No. 11235

Answer 129

Article 320 of the RPC, as amended by RA No. 7659, contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons.

Answer 130

(1) Destructive Arson (Article 320); and (2) other cases of arson (P.D. No. 1613).

Answer 131

Simple arson, defined and punished under Section 1 of PD No. 1613, is essentially the destruction of property by fire that is not under the circumstances enumerated under Article 320 of the RPC, as amended by RA No. 7659. In prosecuting arson, whether destructive or simple, the corpus delicti rule is generally satisfied by proof that a fire occurred, and that it was intentionally caused.

Answer 132

PD No. 1613 imposes the penalty of reclusion perpetua to death if by reason or on the occasion of the arson, death results.

Answer 133

The crime Acts of Lasciviousness is punished under Article 336 of the Revised Penal Code, viz.: Art. 336. Acts of Lasciviousness.—Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prisión correccional. To secure a conviction, the confluence of the following elements must be established by the prosecution beyond reasonable doubt: 1. that the offender commits any act of lasciviousness or lewdness; and 2. that it is done under any of the following circumstances: a. by using force or intimidation; b. when the offended woman is deprived of reason or otherwise unconscious; or c. when the offended party is under twelve (12) years of age.

Answer 134

Section 2(h) of the Implementing Rules and Regulations of Republic Act No. 7610 defines lascivious conduct as: The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.

Answer 135

Bigamy is punished under Article 349 of the Revised Penal Code: ARTICLE 349. Bigamy. — The penalty of prisión mayor shall be imposed upon any person who shall contract 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 a judgment rendered in the proper proceedings. For an accused to be convicted of this crime, the prosecution must prove all of the following elements: [1] that the offender has been legally married; [2] that the first marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; [3] that he contracts a second or subsequent marriage; and [4] that the second or subsequent marriage has all the essential requisites for validity.

Answer 136

To prove that a marriage was solemnized without a marriage license, “the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage license was issued to the parties.”

Answer 137

The crime of bigamy does not necessarily entail the joint liability of two (2) persons who marry each other while the previous marriage of one (1) of them is valid and subsisting. As explained in People v. Nepomuceno, Jr., 64 SCRA 518 (1975): In the crime of bigamy, both the first and second spouses may be the offended parties depending on the circumstances, as when the second spouse married the accused without being aware of his previous marriage. Only if the second spouse had knowledge of the previous undissolved marriage of the accused could she be included in the information as a co-accused. As correctly stressed by the Court of Appeals (CA), the bad faith, or deliberate intent to do a wrongful act, of the bigamous spouse must be established.

Answer 138

No. The second spouse, if indicted in the crime of bigamy, is liable only as an accomplice. People v. Archilla, 1 SCRA 698 (1961), holds that the second spouse, if indicted in the crime of bigamy, is liable only as an accomplice. In referring to Viada, Justice Luis B. Reyes, an eminent authority in criminal law, writes that “a person, whether man or woman, who knowingly consents or agrees to be married to another already bound in lawful wedlock is guilty as an accomplice in the crime of bigamy.” Therefore, her conviction should only be that for an accomplice to the crime.

Answer 139

Under our law, criminal libel is defined as a 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 the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Libel is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means (355). For an imputation to be libelous under Art. 353 of the Revised Penal Code (RPC), the following requisites must be present: (a) it must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be identifiable. In determining whether a statement is defamatory, the words used are to be construed in their entirety and should be taken in their plain, natural, and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense. Moreover, a charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses or are sufficient to impeach the honesty, virtue or reputation or to hold the person or persons up to public ridicule. 1. That there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance 2. That the imputation must be made publicly 3. That it must be malicious 4. That the imputation must be directed at a natural person or a juridical person, or one who is dead; and 5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed Dishonor - disgrace, shame or ignomity Discredit - means loss of credit or reputation, disesteem Contempt - means state of being despised Publication - it is the communication of the defamatory matter to some third person or persons. Thus, sending a letter containing defamatory words against another to a third person is sufficient publication

Answer 140

Slander is oral defamation while libel is defamation in writing. In both, there is a 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 the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. In determining whether the offense has been committed, the defamatory words are to be construed in their entirety, and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading or hearing them, unless it appears that they were used and understood in another sense. In short, the language used must be understood “in its plain and popular sense—to read the sentences as would the man on the street.” The intent or purpose then of the speaker or writer is not relevant.

Answer 141

Oral defamation may either be simple or grave. It becomes grave when it is of a serious and insulting nature. An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead. To determine whether a statement is defamatory, the words used in the statement must be construed in their entirety and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense. It must be stressed that words which are merely insulting are not actionable as libel or slander per se, and mere words of general abuse however opprobrious, ill-natured, or vexatious, whether written or spoken, do not constitute a basis for an action for defamation in the absence of an allegation for special damages. The fact that the language is offensive to the plaintiff does not make it actionable by itself.

Answer 142

Reckless imprudence consists of voluntarily doing or failing to do, without malice, an act from which material damage results by reason of an inexcusable lack of precaution on the part of the person performing or failing to perform such act. The elements of reckless imprudence are: (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place.

Answer 143

The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code (RPC) or other special laws, shall be considered as an aggravating circumstance: Provided, that if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, that if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty. If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat. If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense. Section 29, R.A. No. 10591 (Comprehensive Firearms and Ammunition Regulation Act)

Answer 144

Child sexual abuse refers to any form of communication through any platform or format, or any physical interaction between a child and any person when the child is being used for any act or activity inducing sexual stimulation or for the purpose of sexual gratification or in pursuit of the desire to have carnal knowledge of the child, regardless of the gender of the perpetrator or the victim, or the consent of the victim. Section 3(b), R.A. No. 11930

Answer 145

Child sexual abuse or exploitation material or child sexual abuse material (CSAEM/CSAM) refers to any representation, whether offline, or by, through or with the use of ICT, by means of visual, video, audio, written, or any combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated sexual activities, or depicting acts of sexual abuse or exploitation of a child as a sexual object. It shall also include materials that focus on the genitalia or other private body parts of a child. For purposes of this Act, CSAEM may interchangeably be referred to as CSAM. Section 3(c), R.A. No. 11930

Answer 146

Any violation of this Act shall be deemed to have been committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. If the crime was committed against three (3) or more persons, it shall be considered as large-scale violation of this Act. Section 6, R.A. No. 11930.

Answer 147

Any person who has the responsibility of reporting cases under this Act, blocking an internet address, removing a website or domain, taking down of shared videos, pictures, or messages for the services provided by an internet intermediary, and providing information for the purpose of an investigation or prosecution of a case involving acts of OSAEC shall not be held civilly, criminally or administratively liable: Provided, That the action was: 1) done in good faith; 2) necessary to prevent access or dissemination of CSAEMs; and 3) reported within twenty-four (24) hours from the act of blocking an internet address, removing a website or domain, or taking down of shared video, picture or messages. Section 7, R.A. No. 11930

Answer 148

Access, possession, and recording of any CSAEM of any person for the purpose of complying with the duties under this Act; the reporting to government authorities; legitimate investigation and administration of the criminal justice system; and legitimate policy, scholarly and academic purposes with requisite ethical clearance, shall not be subject to any civil, criminal, or administrative liability. Section 8, R.A. No. 11930

Answer 149

"Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing ann image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such persons. Section 3(d), R.A. No. 9995 (Anti-Photo and Video Voyeurism Act)

Answer 150

Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others, or other forms of sexual exploitation, forced labor or services, slavery, servitude, or the removal or sale of organs. "The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes, shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph. Section 3(a), RA 9208, as amended. Anti-Trafficking in Persons Act of 2003

Answer 151

Violations of Section 4 of this Act shall be considered as qualified trafficking: (a) When the trafficked person is a child: Provided, That acts of online sexual abuse and exploitation of children shall be without prejudice to appropriate investigation and prosecution under other related laws; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS); (h) When the offender commits one or more acts of trafficking under Section 4 over a period of at least sixty (60) days, whether those days are continuous or not; and (i) When the offender, or through another, directs or manages the actions of a victim in carrying out the exploitative purpose of trafficking. (j) When the crime is committed during a crisis, disaster, public health concern, pandemic, a humanitarian conflict, or emergency situation, or when the trafficked person is a survivor of a disaster or a human induced conflict; (k) When the trafficked person belongs to an indigenous community or religious minority and is considered a member of the same; (l) When the trafficked person is a person with disability (PWD); (m) When the crime has resulted in pregnancy; (n) When the trafficked person suffered mental or emotional disorder as a result of being victim of trafficking; or (o) When the act is committed by or through the use of ICT or any computer system. Section 6, R.A. 9208, as amended

Answer 152

In entrapment, ways and means are resorted to by the authorities for the purpose of capturing the perpetrator in flagrante delicto. Thus, it can be said that testimonies of the apprehending officers regarding the entrapment operation are crucial for a conviction, most especially in cases where the victim is unable to testify.

Answer 153

"Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts: a. physical violence b. sexual violence c. psychological violence d. economic abuse

Answer 154

"Physical Violence" refers to acts that include bodily or physical harm

Answer 155

"Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) Prostituting the woman or child

Answer 156

"Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

Answer 157

"Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties. Section 3(a), R.A. No. 9262

Answer 158

"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Section 3(c), R.A. No. 9262 A battered woman has been defined as a woman “who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. Battered women include wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman.” People vs. Marivic Genosa, G.R. No. 135981, January 15, 2004

Answer 159

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. Section 26, R.A. No. 9262

Answer 160

No. While the law provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code (RPC). VAWC may likewise be committed “against a woman with whom the person has or had a sexual or dating relationship.” Clearly, the use of the gender-neutral word “person” who has or had a sexual or dating relationship with the woman encompasses even lesbian relationships. Moreover, while the law provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code (RPC). Thus, in the case of Go-Tan v. Spouses Tan, the parents-in-law of Sharica Mari L. Go-Tan, the victim, were held to be proper respondents in the case filed by the latter upon the allegation that they and their son (Go-Tan’s husband) had community of design and purpose in tormenting her by giving her insufficient financial support; harassing and pressuring her to be ejected from the family home; and in repeatedly abusing her verbally, emotionally, mentally and physically.

Answer 161

R.A. No. 9262 criminalizes psychological violence causing mental or emotional suffering. What R.A. No. 9262 criminalizes is not the marital infidelity per se but the psychological violence causing mental or emotional suffering on the wife. Otherwise stated, it is the violence inflicted under the said circumstances that the law seeks to outlaw. Marital infidelity as cited in the law is only one of the various acts by which psychological violence may be committed. Thus, the mental or emotional suffering of the victim is an essential and distinct element in the commission of the offense. We say that even if the alleged extramarital affair causing the offended wife mental and emotional anguish is committed abroad, the same does not place a prosecution under R.A. No. 9262 absolutely beyond the reach of Philippine courts.

Answer 162

The chain of custody rule is but a variation of the principle that real evidence must be authenticated prior to its admission into evidence. To establish a chain of custody sufficient to make evidence admissible, the proponent needs only to prove a rational basis from which to conclude that the evidence is what the party claims it to be. It ensures that evidence, particularly illegal drugs, remains intact and uncontaminated, establishing its authenticity and credibility during trial proceedings. It safeguards the rights of both the accused and the prosecution by maintaining the reliability ofn evidence. Thus, the links in the chain of custody that must be established are: (1) the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; (2) the turnover of the seized illegal drug by the apprehending officer to the investigating officer; (3) the turnover of the illegal drug by the investigating officer to the forensic chemist for laboratory examination; and (4) the turnover and submission of the illegal drug from the forensic chemist to the court. - Comprehensive Dangerous Drugs Act of 2002 (RA9165)

Answer 163

The following acts constitute the offense of cybercrime punishable under RA 10175: (a) Offenses against the confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. – The access to the whole or any part of a computer system without right. (2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data. (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses. (4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses. (5) Misuse of Devices. (i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or (bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act. (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section. (6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration: (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and (iii) Acquired without right or with intellectual property interests in it. (b) Computer-related Offenses: (1) Computer-related Forgery. — (i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or (ii) The act of knowingly using computer data which is the product of computerrelated forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. (2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. (3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. (c) Content-related Offenses: (1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775. (3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient; or (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or (iii) The following conditions are present: (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. (4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. Section 4, R.A. No. 10175 Other Offenses a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable. Section 5, R.A. No. 10175

Answer 164

All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. Section 6, R.A. No. 10175

Answer 165

"Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. Section 3(a), R.A. No. 7610

Answer 166

Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, otherwise known as "The Revised Penal Code", for rape, or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under sixteen (16) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. Section 5, R.A. No. 7610, as amended

Answer 167

A person who commits an act that debases, degrades, or demeans the intrinsic worth and dignity of the child as a human being, whether habitual or not, can be held liable for violation of Republic Act (RA) No. 7610. Although it is true that not every instance of laying of hands on the child constitutes child abuse, petitioner’s intention to debase, degrade, and demean the intrinsic worth and dignity of a child can be inferred from the manner in which he committed the act complained of. In this case, petitioner’s act of whipping AAA on the neck with a wet t-shirt is an act that debases, degrades, and demeans the intrinsic worth and dignity of a child. It is a form of cruelty. Being smacked several times in a public place is a humiliating and traumatizing experience for all persons regardless of age. Petitioner, as an adult, should have exercised restraint and self control rather than retaliate against a fourteen (14)-year-old child. - Special Protection of Children Against Abuse, Exploitation, and Discrimination Act

Answer 168

Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or likely to cause another mental, emotional, or psychological distress, and fear of personal safety, sexual harassment acts including unwanted sexual remarks and comments, threats, uploading or sharing of one’s photos without consent, video, and audio recordings, cyberstalking and online identity theft. Section 3(e), R.A. No. 11313 - Safe Spaces Act

Answer 169

Gender identity and/or expression refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex in which case this person is considered transgender. Section 3(f), R.A. No. 11313

Answer 170

Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles as well as private vehicles covered by app-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas. Section 3(g), R.A. No. 11313

Answer 171

The following acts are unlawful and shall be penalized as follows: (a) For acts such as cursing, wolf whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety. (b) For acts such as making offensive body gestures at someone, and exposing private parts for the sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions. (c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when accompanied by touching, pinching or brushing against the body of the offended person; or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b) - Safe Spaces Act

Answer 172

"Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: 1. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; 2. being exploited including sexually or economically; 3. being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; 4. coming from a dysfunctional or broken family or without a parent or guardian; 5. being out of school; 6. being a street child; 7. being a member of a gang; 8. living in a community with a high level of criminality or drug abuse; and 9. living in situations of armed conflict. Section 4(d), R.A. No. 9344 - Juvenile Justice and Welfare Act

Answer 173

"Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Section 4(e), R.A. No. 9344

Answer 174

A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. "A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate. "A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. "The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Section 6, R.A. No. 9344, as amended by R.A. No. 10630 20

Answer 175

No. No purpose of criminal law is served by punishing an insane accused because by reason of their mental state, they do not have control over their behavior and cannot be deterred from similar behavior in the future. In our jurisdiction, the courts have established a more stringent criterion for insanity to be exempting as it is required that there must be a complete deprivation of intelligence in committing the act, i.e., the accused is deprived of reason, they acted without the least discernment because there is a complete absence of the power to discern, or that there is a total deprivation of the will. Mere abnormality of the mental faculties will not exclude imputability.

Answer 176

The exempting circumstance of "accident" is anchored on the complete absence of intent or negligence on the part of the accused.

Answer 177

Insanity as a condition of the mind, is not susceptible of the usual means of proof as "no man can know what is going on in the mind of another, the state of condition of a person's mind can only be measured and judged by [their] behavior." Thus, the accused must prove the following: first, that the insanity constitutes a complete deprivation of intelligence, reason, or discernment; and second, the insanity existed at the time of, or immediately preceding, the commission of the crime. To establish insanity, opinion testimony is required which may be given by a witness who is intimately acquainted with the accused, has rational basis to conclude that the accused was insane based on his own perception, or is qualified as an expert, such as a psychiatrist. We stress that an inquiry into the mental state of an accused should relate to the period immediately before or at the very moment the felony is committed.

Answer 178

All told, XXX is guilty of statutory Rape. Applying Article 266-B of the RPC, the CA and the RTC correctly imposed the penalty of reclusion perpetua. However, the phrase "without possibility for parole" in the dispositive portion of the RTC's Decision must be clarified. In A.M. No. 15-08- 02-SC, this Court set the guidelines for the use of the phrase "without eligibility for parole" to remove any confusion, to wit: (1) In cases where the death penalty is not warranted, there is no need to use the phrase "without eligibility of parole" to qualify the penalty of reclusion perpetua; it is understood that convicted persons penalized with an indivisible penalty are not eligible for parole; and (2) When circumstances are present warranting the imposition of the death penalty, but this penalty is not imposed because of [Republic Act] (R.A.) [No.] 9346, the qualification of "without eligibility of parole" shall be used to qualify reclusion perpetua in order to emphasize that the accused should have been sentenced to suffer the death penalty had it not been for R.A. No. 9346. Hence, there is a need to qualify that the accused is not "eligible for parole" only in cases where the imposable penalty should have been death were it not for the enactment of RA No. 9346 or the Anti-Death Penalty Law. XXX is guilty of statutory Rape penalized with reclusion perpetua and there is no need to indicate that he was ineligible for parole. XXX is ipso facto ineligible for parole because he was sentenced to suffer an indivisible penalty.

Answer 179

The question of whether the crime is direct assault or resistance and disobedience to persons in authority or their agents depends on the gravity of the act proved and the particular conditions under which it is committed. The courts must consider the circumstances surrounding the conduct of the offender, the motives prompting it, and the real importance of the transgression. In United States v. Gumban, this Court held that the amount of force employed against agents of persons in authority spells the difference between direct assault and resistance or disobedience: In reaching this conclusion, we took into account the decision rendered by this court in the case against Gelacio Tabiana and Canillas, in which it is said that the distinction between an assault and a resistance to agents of authority lies largely in the amount of the force employed in each case, and that a sudden blow given to a policeman while engaged in effecting an arrest does not constitute that employment of force which is punishable as assault. We have also considered the decision rendered by this court in the case against Cipriano Agustin . . . in which it was also held that a blow upon a policeman was not an aggression amounting to an assault. It must be remembered, however, that in these two cases the crime involved was that of assault upon agents of authority, in which the essential element is substantially the force employed. It is said in these two cases that any force is not sufficient to constitute an assault[,] but that it is necessary to consider the circumstances of each case to decide whether the force used is, or is not, sufficient to constitute assault upon an agent of authority. Previous convictions for direct assault against an agent of a person in authority involve force that is more severe than slapping and punching.

Answer 180

Yes. In several cases, the Court held the accused-appellant responsible not only for the Rape he committed but also for the other counts of Rape that his co-conspirators perpetrated although they were unidentified or at large. In Plurad, the accused-appellant was responsible not only for the Rape committed personally by him but also for the two (2) other counts of Rape committed by his co-accused Roberto Bernadas and Juvanie Cañedo who remained at large. In Catubig, Jr.,the Court affirmed the trial court's decision convicting the accused appellant with five (5) counts of Rape committed by him and four (4) other unidentified persons. In Sabal,the appellants Tonelo Sabal and Armando Juarez were held liable not only for their own unlawful acts but also for those of the other four (4) unidentified malefactors for, in conspiracy, the act of one is the act of the other. Therefore, the Court affirmed the trial court's conviction of both accused of six (6) counts of Rape. In Rondina, the accused-appellants, together with a third person who is still unidentified and at large, in conspiracy with and helping each other, took turns in raping the victim. In view of the established conspiracy among the three, each one of them is guilty of three (3) Rapes, for the one (1) he committed and for the two (2) where he helped his companions to commit. Consequently, Carlo must be held liable for four counts of Rape.

Answer 181

The term "deprived of reason," is associated with insanity or madness. A person deprived of reason has mental abnormalities that affect his or her reasoning and perception of reality and, therefore, his or her capacity to resist, make decisions, and give consent. The term "demented," refers to a person who suffers from a mental condition called dementia. Dementia refers to the deterioration or loss of mental functions such as memory, learning, speaking, and social condition, which impairs one's independence in everyday activities. We are aware that the terms, "mental retardation" or "intellectual disability," had been classified under "deprived of reason." The terms, "deprived of reason" and "demented," however, should be differentiated from the term, "mentally retarded" or "intellectually disabled." An intellectually disabled person is not necessarily deprived of reason or demented. This court had even ruled that they may be credible witnesses. However, his or her maturity is not there despite the physical age. He or she is deficient in general mental abilities and has an impaired conceptual, social, and practical functioning relative to his or her age, gender, and peers. Because of such impairment, he or she does not meet the "socio-cultural standards of personal independence and social responsibility." Thus, a person with a chronological age of 7 years and a normal mental age is as capable of making decisions and giving consent as a person with a chronological age of 35 and a mental age of 7. Both are considered incapable of giving rational consent because both are not yet considered to have reached the level of maturity that gives them the capability to make rational decisions, especially on matters involving sexuality. Decision making is a function of the mind. Hence, a person's capacity to decide whether to give consent or to express resistance to an adult activity is determined not by his or her chronological age but by his or her mental age. Therefore, in determining whether a person is "twelve (12) years of age" under Article 266-A (1) (d), the interpretation should be in accordance with either the chronological age of the child if he or she is not suffering from intellectual disability, or the mental age if intellectual disability is established.

Answer 182

Theft is distinguished from estafa by the manner in which the offender in each case acquires possession of the property. Theft should not be confused with estafa. In general, the two crimes are distinguished by the manner in which the offender in each case acquires possession of the property. The thief takes the item without the owner's consent. The estafador receives the thing and converts it to their own use or benefit. "However, there may be theft even if the accused has possession of the property." The misappropriation constitutes theft if the accused was entrusted only with the material or physical (natural) or de facto possession of the thing. Whereas, the conversion constitutes embezzlement or estafa if the accused has the juridical possession of the thing. Juridical possession - estafa Physical possession - theft

Answer 183

Grave abuse of confidence aggravates and qualifies the crime of theft. When the gravity of exploitation of trust is not proven, the crime is only simple theft and the abuse of confidence shall be treated as a generic aggravating circumstance. Here, it was not proven that Dr. Robillos had special trust, or high degree of confidence in Arlene. The allegation in the Information that Arlene is a "secretary/collector" of Dr. Robillos does not by itself, without more, create the relation of confidence and intimacy required in qualified theft. More telling are the minuscule amounts involved and the fact that Dr. Robillos allowed Arlene to resign without any question, discount the existence of a high degree of confidence between them. The prosecution, likewise, failed to substantiate the gravity how Arlene betrayed Dr. Robillos' supposed special trust to qualify, or facilitate the taking of the money. Dr. Robillos principally hired Arlene as a clinic secretary while her task as a collector is foreign to her usual duties. The circumstances do not show that Arlene's job was instrumental in facilitating the taking of the money. There is no evidence that Arlene could not have committed the crime had she not been holding the position of a secretary or collector. To reiterate, abuse of confidence must be grave. On this point, the Court is convinced that Arlene took advantage of her position in committing the crime but not on the level of grave abuse of confidence. Thus, Arlene is guilty only of simple theft. At most, the abuse of confidence shall be considered as a generic aggravating circumstance since the gravity of exploitation of trust was not proven. Indeed, abuse of confidence is inherent in qualified theft but not in simple theft since the circumstance is not included in the definition of the crime. Under Article 14 of the RPC, abuse of confidence exists only when the offended party has trusted the offender who later abuses such trust by committing the crime. The abuse of confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended party's belief that the former would not abuse said confidence. The confidence between the offender and the offended party must be immediate and personal. As discussed above, Arlene took advantage of her position as a secretary or collector in committing theft but the gravity of exploitation of trust was not proven.

Answer 184

In robbery with homicide, the presence of treachery in killing the victim is considered as a generic aggravating circumstance in fixing the proper penalty and civil liability of the accused. In People v. Escote, Jr., the Court En Banc settled that treachery may be appreciated as a generic aggravating circumstance in robbery with homicide although it is classified as a crime against property, to wit: Treachery is not an element of robbery with homicide. Neither does it constitute a crime specially punishable by law nor is it included by the law in defining the crime of robbery with homicide and prescribing the penalty therefor. Treachery is likewise not inherent in the crime of robbery with homicide. Hence, treachery should be considered as a generic aggravating circumstance in robbery with homicide for the imposition of the proper penalty for the crime. In fine, in the application of treachery as a generic aggravating circumstance to robbery with homicide, the law looks at the constituent crime of homicide which is a crime against persons and not at the constituent crime of robbery which is a crime against property. Treachery is applied to the constituent crime of "homicide" and not to the constituent crime of "robbery" of the special complex crime of robbery with homicide. The crime of robbery with homicide does not lose its classification as a crime against property or as a special complex and single and indivisible crime simply because treachery is appreciated as a generic aggravating circumstance. Treachery merely increases the penalty for the crime conformably with Article 63 of the Revised Penal Code absent any generic mitigating circumstance. In People v. Baron, the Court echoed that treachery is not considered as a qualifying circumstance in the crime of robbery with homicide but as a generic aggravating circumstance, the presence of which merits the imposition of the higher penalty. Similarly, in People v. Layug, the Court imposed a higher penalty for the crime of robbery with homicide because the victim was treacherously killed.

Answer 185

Yes. In this kind of crime, the offender's original intent is to commit robbery and the homicide must only be incidental. The killing may occur before, during, or even after the robbery. It is only the result obtained, without reference or distinction as to the circumstances, causes, modes or persons intervening in the commission of the crime, that has to be taken into consideration. It is immaterial that the death would supervene by mere accident; or that the victim of homicide is other than the victim of robbery, or that two or more persons are killed or that aside from the homicide, rape, intentional mutilation, or usurpation of authority, is committed by reason or, on the occasion of the crime. It is also of no moment that the victim of homicide is one of the robbers. The word "homicide" is used in its generic sense and includes murder, parricide, and infanticide. As such, the crime is robbery with homicide when the killing was committed to facilitate the taking of the property, or the escape of the culprit, to preserve the possession of the loot, to prevent the discovery of robbery, or, to eliminate witnesses in the commission of the crime.

Answer 186

RA No. 9262 allows the father of the offended party to apply for protection and custody orders. In Garcia v. Drilon (Garcia), the Court pointed out that the Congress excluded men as victims under RA No. 9262. The legislative intent is to limit the protection against violence to women and children only. The classification rests on substantial distinctions because women and children are vulnerable victims of abuse compared to men. The difference in treatment is consistent with the declared policy of the law to value the dignity of women and children, and protect them from violence and threats to their personal safety and security. In that case, the Court likewise upheld the constitutionality of the remedies of protection and custody orders to prevent further acts of violence committed by the offender against women and their children. Inarguably, the offended parties under the law are only women and children. Nevertheless, it is improper to conclude that the law denies a father of these remedies solely because of his gender or that he is not a "woman victim of violence." Section 9 (b) of RA No. 9262 explicitly allows "parents or guardians of the offended party" to file a petition for protection orders. The exact provision was incorporated in Section 12 (b) of the Implementing Rules and Regulations of RA No. 9262 and Section 8 (b) of A.M. No. 04-10-11-SC, or the Rule on Violence Against Women and Their Children.

Answer 187

RA No. 9262 covers a situation where the mother committed violent and abusive acts against her own child. Section 3 (a) of RA 9262 defines violence against women and their children as "any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty." The law criminalizes acts of violence against women and their children perpetrated by women's intimate partners, i.e., husband; former husband; or any person who has or had sexual or dating relationship with the woman, or with whom the woman has a common child. However, the Court in Garcia emphasized that the law does not single out the husband or father as the culprit. The statute used the gender-neutral word "person" as the offender which embraces any person of either sex. The offender may also include other persons who conspired to commit the violence, thus: As defined above, VAWC may likewise be committed "against a woman with whom the person has or had a sexual or dating relationship." Clearly, the use of the gender-neutral word "person" who has or had a sexual or dating relationship with the woman encompasses even lesbian relationships. Moreover, while the law provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code (RPC).

Answer 188

Criminal cases always have two aspects: criminal and civil. Hence, there are always at least 2 offended parties: State and the private individual injured.

Answer 189

An ex post facto law is a law which makes an act criminal although at the time it was committed, it was not. Bill of attainder punishes an offender without due process of law.

Answer 190

Sovereigns, heads of state, and other diplomatic representatives are immune from criminal jurisdiction FROM WHATEVER ACTS (xpn to xpn: consul >> XPN: if may treaty pertaining to his immunity in the performance of his duties) But in recent jurisprudence, the court said it cannot outright DISMISS the case. It has to give notice to the prosecutor first to comply with due process of law, to inquire into the nature of the acts if they were done in official or private capacity. Jurisprudence held that the Court shall not blindly follow such immunity - dapat in connection to his official function, not as a private individual Representatives from drug enforcement agencies of the US are not immune by principle of diplomatic exception but because of sovereign immunity. Because if the Philippines were to sue such representative, it is essentially a case against the US. Another XPN: Preferential laws Members of congress

Answer 191

No. Adulterous acts committed outside the Philippines.

Answer 192

Yes. AAA v. BBB: Sec. 5 of RA9262 psychological abuse is a continuing/transitory offense. The element of mental, emotional stress happened in the Philippines.

Answer 193

The obligation to give support to a child is a matter that falls under family rights and duties. Since the respondent is a citizen of Holland or the Netherlands, we agree with the RTC-Cebu that he is subject to the laws of his country, not to Philippine law, as to whether he is obliged to give support to his child, as well as the consequences of his failure to do so. In the instant case, assuming arguendo that the English Law on the matter were properly pleaded and proved in accordance with Section 24, Rule 132 of the Rules of Court and the jurisprudence laid down in Yao Kee, et al. vs. Sy-Gonzales, said foreign law would still not find applicability. Thus, when the foreign law, judgment or contract is contrary to a sound and established public policy of the forum, the said foreign law, judgment or order shall not be applied. - Del Socorro vs. Van Wilsem

Answer 194

The Supreme Court ruled that the act of denying support to a child is a continuing offense, which means that the offense continues as long as the support is unjustly refused. Therefore, the prescriptive period for filing a criminal case for unjust refusal to support a minor child does not start until the support is actually provided or the unjust refusal ceases.

Answer 195

Hernan v. Sandiganbayan - Yes. Can relax the immutability of case

Answer 196

Although RA 10592 (Good Conduct Time Allowance) is not a substantive law, it shall be applied retroactively because it provides for the decrease of sentence.

Answer 197

Crime: Complex crime of parricide with attempted homicide > because both are grave and both are resultant from a single act of crime. Complex crime Article 48 if both are grave. If one is light, separate crimes.

Answer 198

Complex crime of murder with attempted murder Kahit 17, he acted with discernment because he executed an ambush, a planned killing. Murder din kay Z > People v. Flora, People v. Adriano > the death of the passerby is also murder because the treachery shall also be appreciated in the circumstance because passerby is completely defenseless.

Answer 199

Yes. People v. Adriano > Flora doctrine the treachery that attended the attack on the intended victim is also present insofar as the actual victim is considered, because the latter was completely defenseless.

Answer 200

Complex crime of murder with attempted murder

Answer 201

X will be charged with parricide but the penalty will be that of homicide, in its maximum period.

Answer 202

Parricide, even without intent to kill. Praeter intentionem cannot be appreciated as mitigating circumstance because the means employed are not far from the resultant death of the minor son (Article 13, par. 3).

Answer 203

No. Kidnapping for ransom. Not applicable to such crime, because it is a crime against personal liberty and security.

Answer 204

Adultery is a crime against chastity.

Answer 205

Impossible crime of murder (physical or factual impossibility)

Answer 206

killing a dead person

Answer 207

Physical impossibility

Answer 208

Casito v. People - Impossible crime of theft

Answer 209

Attempted homicide 3rd element is absent to constitute impossible crime of mutilation; 4th element is absent > attempted homicide na

Answer 210

Crime is unjust vexation and grave coercion. Cannot be attempted rape or homicide because after the girl is unconscious, the man could have done anything. The act of covering her face is ambiguous as to what crime is intended.

Answer 211

Crime is physical injuries (degree is dependent on timeline of recovery) Crime is not frustrated murder because the offense was not consummated due to will of perpetrator.

Answer 212

No such thing as frustrated theft > the moment unlawful taking is complete, gains possession, despite failure to dispose of property But in one case, the crime charged was only frustrated theft. And the accused could not be convicted of a crime higher than the crime charged against him. Hence, he was convicted of attempted theft.

Answer 213

Crime of theft was already consummated.

Answer 214

Another crime without a frustrated stage is rape. Rape is already consummated with the slightest penal penetration. People v. Efren Agao en banc > slightest penal penetration > when the penis touches the pudendal cleft of the labia majora of the woman; if there is a mere brush of the flesh > attempted rape

Answer 215

Another crime without a frustrated stage is arson. US v. Valdez > arson is the malicious destruction of property by fire. It is not required that the property be totally gutted down by fire. Any damage is sufficient to consummate arson. If there is no damage at all, attempted arson.

Answer 216

X was charged with crime of attempted false testimony. But no falsities were uttered. In fact, there was no question posed yet. Hence, acquitted. FORMAL CRIMES - no frustrated or attempted crime

Answer 217

No frustrated or attempted crime on physical injuries

Answer 218

Adultery - no frustrated or attempted stage

Answer 219

a. Conspiracy as a crime itself > conspiracy to commit rebellion, to commit coup d’etat, to commit sedition b. Conspiracy as a means to commit a felony > only if there is at least one overt act done

Answer 220

Direct Conspiracy: conspiracy based on a preconceived plan; all are liable the moment the crime is initiated except when one tried to stop the crime, did not arrive at the scene of crime except if he/she induced the commitment of such offense; mere presence can make one liable Implied or inferred: deduced from the mode and manner of committing the crime; synchronized over a common criminal goal; conspiracy without a preconceived plan; mere presence will not make one liable

Answer 221

A is not liable for conspiracy.

Answer 222

Yes. Each is liable for the number of rape count, not just one > 4 counts of rape, hence Carlo Jega will be liable for 4 counts of rape > simple rapeE

Answer 223

If conspiracy is not proved, each is only liable for the extent of participation

Answer 224

No. Rape is not a natural and logical incident in the crime of robbery. A, B, and C had only agreed to rob and only rob the house of D, not to rape E. The long line of jurisprudence on the special complex crime of Robbery with Rape requires that the accused be aware of the sexual act in order for him to have the opportunity to attempt to prevent the same, without which he cannot be faulted for his inaction. There must be positive proof to show such awareness.

Answer 225

1. Wheel or Circle Conspiracy 2. Chain Conspiracy - simultaneous communication

Answer 226

No. She is only liable for civil damages.

Answer 227

No. But if the ambassador came here for official duties and the President invited him to watch a concert and committed crime therein, he is immune.

Answer 228

Crime charged is different from crime proved

Answer 229

No, but it can be invoked as a mitigating circumstance.

Answer 230

Special complex crime of Rape with Homicide

Answer 231

Still the prosecution

Answer 232

Yes. B pitied A. He did not fear A. Be careful of the words used by examiner.

Answer 233

No criminal and civil liability

Answer 234

No criminal liability, but with civil liability

Answer 235

Ordinary mitigating circumstances - Can be offset by a generic aggravating circumstance - Has the effect of lowering the penalty by periods - Does not apply when the penalty is a single indivisible penalty Privileged mitigating circumstances - Cannot be offset by a generic aggravating circumstance - Has the effect of lowering the penalty by degrees - Applies even in case of a single indivisible penalty

Answer 236

Lack of resistance/struggle does not imply voluntary surrender

Answer 237

If offender is both a recidivist and a habitual delinquent, no other aggravating circumstance can be appreciated anymore.

Answer 238

Ignominy - added moral pain Cruelty - additional physical pain – acts that are no longer necessary to carry out the crime

Answer 239

Illegal Possession of Firearm - special aggravating circumstance if its use is inherent in the commission of crime

Answer 240

Absolutory causes - exempting from criminal liability a. Instigation b. Mistake of fact c. Death or serious physical injuries inflicted under special circumstances (Art. 297) d. Assistance in the attempted stage

Answer 241

Instigation is an illegal practice and will render any arrest resulting from it invalid. On the other hand, in lawful entrapment, officers merely provide an opportunity for the suspect to commit the crime, without inducing or coercing them into committing it.

Answer 242

X and Z both responsible as principals.

Answer 243

Relatives can be exempted from criminal liability as accessory but they will still be charged of obstruction of justice.

Answer 244

1. Absorption 2. Single Impulse Rule 3. Complex Crime Proper 4. Special Complex Crime 5. Continuous Crime 6. Continuing Crime

Answer 245

- Crimes which are committed in connection to the original crime are absorbed by the original crime - Would only apply if the crimes are punished by the same statutes and within the same jurisdiction of the court - Murder can be absorbed by rebellion - People v. Cayanan: accused raped 13-yr old sister-in-law. 2 weeks thereafter, accused abducted and raped her again. Crime charged > if the forcible abduction is merely done in order to commit rape, it shall be absorbed.

Answer 246

- Multiple crimes which are committed by a single criminal impulse - Punished by one single penalty only - Complex crime under art. 48 - 2 kinds: compound crime and complex crime proper - Compound crime: when a single act results in 2 or more grave or less grave felonies - That the offender performs a single act - The single act produces 2 or more grave or less grave felonies - Penalty for most serious crime in its maximum period - People v. Punzalan: videoke bar, there was a light that was flickering, when the waiter went to the navy personnel, the latter asked to have the light turned off. Another person nearby heard and said “AKO BA PINAPAPATAY MO?” The navy personnel left. Punzalan followed the navy personnel to their compound and ran over the navy personnel. 2 died. Crime > complex crime of double murder with multiple attempted murder. - H killed W and the bullet passed through W’s neck and hit their 1yr old child. Crime > complex crime of double parricide - Complex crime cannot apply to a case where there are different perpetrators of the crime (many were armed with guns and several bullets came out of those guns) 2 counts of murder and 7 counts of attempted murder per perpetrator

Answer 247

- When an offense is a necessary means to commit the other offense - That there be 2 or more offenses; that 1 or more of this is necessary to commit the other; offenses are punishable by same statute - Estafa through falsification of public document; Complex crime of rape through forcible abduction; - Cash voucher is a mere private document > so falsifying this is not estafa through falsification of public documents

Answer 248

- 2 or more crimes have been committed, but in the eyes of the law, only one crime has been committed - Composite crime; single indivisible offense - Robbery with homicide; if homicide is committed in the occasion of a robbery - Art. 294 - robbery with rape 267 - when the person is killed as a consequence of kidnapping or the tension - Kidnapping with rape - The law combined the crimes 266-b > rape with homicide - Attempted rape with homicide

Answer 249

- Continued crime; continuous crime; delito continuado - When the offender commits several overt acts in one place and commits one crime - Plurality of acts performed; unity of penal provisions violated; unity of criminal intent or purpose - 315-2a** - estafa through false pretense - X took money from A, B, C, and D > violating one and the same provision of the law > one criminal liability pero several civil liabilities pa din naman so hindi naman daw unfair

Answer 250

- Transitory offenses - Offender can be prosecuted in any place where any of the elements had occurred - Treason; rebellion; kidnapping; serious illegal detention; carnapping; bp22; estafa by postdating a check - Petron and People v. Guillon - unfair competition

Answer 251

Art. 29 - if the detention prisoner has undergone preventive suspension equal to the maximum period of penalty prescribed for the crime he has committed, he shall be released immediately without prejudice to continuation of trial or without prejudice to appeal if the case is under review > file petition for habeas corpus If accused no longer attends trial, he can be placed behind bars again for failing to comply with the rules

Answer 252

Destierro - 30 days

Answer 253

1. Death 2. Service of sentence 3. Absolute pardon 4. Amnesty 5. Prescription of crime 6. Prescription of penalty 7. Subsequent marriage by offender and offended party

Answer 254

Civil liability only survives if death occurred AFTER conviction by final judgment BUT if the civil liability stems from other sources of obligations (law, contract, quasi-delict), the civil liability survives even before conviction by final judgment

Answer 255

- Chief of executive - Excused from penalty prescribed - Excuses convict from service of sentence - May be granted only after conviction by final judgment - Private act - Courts do not take judicial notice > convicted must plead the chief executive’s order before the courts - May be granted to any offender for any crime committed

Answer 256

- Chief of executive - Excused from penalty prescribed - Obliterates, erases all effects of the crime as if no crime has been committed - Granted at any stage of the proceedings - Public act requiring the concurrence of Congress - Courts take judicial notice of this - Granted to community of prisoners who have committed political offenses

Answer 257

1. Conditional pardon - Same as absolute pardon but subject to some rules 2. Commutation of sentence - Death to reclusion perpetua 3. Good conduct allowance

Answer 258

Yes. Guinto v. DOJ > Sec. 2, Rule 4 of IRR of RA10592 prepared by DOJ stated that the following shall not be entitled to good conduct allowance: recidivist, habitual delinquents, escapists, heinous crimes > SC said invalid > DOJ exceeded its power when it excluded these people > RA10592 never excluded these people > DOJ expanded RA10592

Answer 259

Under the threefold liability rule, the wrongful acts of public officers may give rise to civil, criminal, and administrative liabilities > all independent of each other.

Answer 260

Restitution is the return of the very thing taken even if the thing taken had already been disposed of > except if the purchaser in good faith bought it in a public sale. Hence, if restitution is impossible. Reparation of damages Reparation of damage caused > value of the said thing taken including its special, sentimental value

Answer 261

- RP is prescribed by RPC, LI is prescribed by special penal laws - RP 20yrs + 1 day to 40yrs, LI no fixed duration - RP accessory penalties attached to it; LI has none

Answer 262

The person is still required to pay for the fine even after having served subsidiary penalty once his circumstances allow him to pay such fine.

Answer 263

ISL - offenders who have served the minimum period can already file for parole

Answer 264

Sec. 2, Act 4103 > these persons cannot avail of ISL SEC. 2. This Act shall not apply to 1. persons convicted of offenses punished with death penalty or life imprisonment 2. to those convicted of treason, conspiracy or proposal to commit treason 3. to those convicted of misprision of treason, sedition or espionage 4. to those convicted of piracy 5. to those who are habitual delinquents 6. to those who shall have escaped from confinement or evaded sentence 7. to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof 8. to those whose maximum term of imprisonment does not exceed one year; nor to those already sentenced by final judgment at the time of approval of this Act except as provided in section five hereof.

Answer 265

1 degree lower

Answer 266

if majority of the elements are present, 2 degrees lower (Art. 69) > can still be applied with special mitigating circumstances

Answer 267

Minority is appreciated as a treachery if the minor is deemed unable to defend itself > example 4 years old

Answer 268

Upon motion of the probation officer, when the convicted violates any of its conditions, its probation can be revoked even without a summary hearing.

Answer 269

Treason is committed by any Filipino citizen or an alien residing in the Philippines, who shall levy war against the Philippines or adhere to her enemies giving them aid or comfort within the Philippines or elsewhere. (Article 114) Treason is a war crime. It is not an all-time offense. It cannot be committed in peace time. While there is peace, there are no traitors. (no need for formal declaration of war. The mere fact lang na may exchange na of putukan or a country has been invaded) A foreigner owes temporary allegiance to the government of the place wherein he resides in return for the protection he receives. Such temporary allegiance continues during the period of his residence. If an alien, while residing in a foreign country, does an act, which would amount to treason if committed by a citizen of that country, he will be held liable for treason. Furthermore, Article 114 of the RPC punishes a resident alien for committing treason.

Answer 270

Proposal or conspiracy to commit treason is committed by Filipino citizen or resident alien, who has decided to commit treason and proposes its execution to some other person or persons. (Article 115)

Answer 271

actual assemblage of men for treasonable purposes, even though there is no actual clash of arms (Makapili case)

Answer 272

1. Proposal - if a person to whom the proposal is made does not agree to commit treason, the proponent shall be held liable for the “crime of proposal to commit treason.” 2. Conspiracy - if a person to whom the proposal is made agrees and decides to commit treason, said person and the proponent shall be held liable for the “crime of conspiracy to commit treason,” the proponent cannot be separately held liable for proposal to commit treason since conspiracy to commit treason absorbs proposal to commit treason. 3. Treason - if the person to whom the proposal is made actually commits the crime of treason, said person and the proponent as conspirators are liable for the “crime of treason”; the proponent is also considered as principal by inducement; the conspirators could not be held liable for treason and conspiracy to commit treason since former absorbs the latter. Conspiracy in this case is just a mode incurring collective criminal liability for treason.

Answer 273

can only be committed by a Filipino citizen > silence being punished > alam mo na someone is conspiring to commit treason but you decide not to tell authorities. Failure to disclose information regarding the location of the food, supplies, and arms of the enemy is not misprison of treason. Dapat may “conspiracy to commit treason” lang. > so the government could have had the chance to stop it from being full-blown

Answer 274

Committed by any person who, without authority therefor, shall enter a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines; or by a public officer, who shall disclose to a representative of a foreign nation the contents of articles, data or information of a confidential nature relative to the defense of the Philippines, which is in his possession by reason of his office.

Answer 275

(1) Treason: war crime Espionage: Can be committed whether in time of war or peace (2) Treason: Can only be committed by a Filipino citizen or resident alien Espionage: Can be committed by a person regardless of his nationality or residency

Answer 276

Rebellion or insurrection is committed by a multitude of persons who rise publicly and take arms against the Government for the purpose of: a) removing the territory of the Philippines or part thereof, or its armed forces from the allegiance to said Government or its laws; or b) depriving the Chief Executive or the Legislature of any of their powers or prerogatives or part thereof (Art. 134) *yung secret meetings sa Mindanao to remove it as part of territory >> this is not rebellion because it was not public. It was done in secret.

Answer 277

Crimes committed in furtherance of rebellion are deemed absorbed in one single crime of rebellion. Direct assault, murder, homicide, arson, robbery and kidnapping, just to name a few, are absorbed in the crime of rebellion if committed in furtherance of rebellion.

Answer 278

In determining what crime was committed, the court must look into the main objective of the malefactors. If it is political, such as for the purpose of severing the allegiance of Mindanao to the Philippine Government to establish a wilayat therein, the crime is rebellion. If, on the other hand, the primary objective is to intimidate the general public, provoke or influence by intimidation the government, create an atmosphere or spread a message of fear, or seriously destabilize or destroy the fundamental political, economic, or social structures of the country, the crime is terrorism under RA 11479.

Answer 279

Yes. Rebels can be held liable of rebellion and terrorism. no double jeopardy if both

Answer 280

Coup d’etat is committed by a military, police or public officer, with or without support or participation of civilians, who swiftly and singly or simultaneously attacks by means og violence, intimidation, threat, strategy or stealth, the duty constituted authorities of the Philippines, or facilities needed for the exercise and continued possession of power such as military camp or installation, communications networks, or public utilities anywhere in the Philippines for the purpose of seizing or diminishing state power. Art. 134-A

Answer 281

Sedition is committed by persons who rise publicly and tumultuously, and by means of force, intimidation, or by other means outside of legal methods, in order: 1. To prevent the promulgation or execution of any law, execution of any administrative order, or the holding of any popular election, or the free exercise of functions of any public officer or the government; 2. To inflict any act of hate or revenge against private persons or any social class for any political or social end or upon the person or property of any public officer; or 3. To despoil any person, or government of its property for any political or social end (Art. 139)

Answer 282

Not if wala naman means of force, intimidation…

Answer 283

It is submitted that the crime committed is sedition. But hypothetically, if the participants of Edsa Revolution III attacked Malacanang, killed soldiers, police officers and PSG personnel, and burned buildings to compel President Arroyo to resign, the crime committed is rebellion. The purpose of the armed uprisers is to deprive President Arroyo of her executive powers and prerogatives.

Answer 284

For purposes of conviction for inciting to sedition, whether such statements constitute inciting to sedition or an exercise of freedom of expression is not clear. Applying the pro reo doctrine, the scales of justice should be tilted in favor of the accused. Hence, accused is not liable for inciting to sedition.

Answer 285

The crime is inciting to sedition of the second form since the offender uttered seditious speeches or writings which tend to disturb or obstruct any lawful officer in executing the functions of his office, tend to instigate others to cabal or meet together for unlawful purposes; or lead or tend to stir up the people against the lawful authorities; or lead or tend to disturb the safety and order of the government.

Answer 286

In People v. Nabong, at a necrological service on the occasion of the death of a communist leader, accused delivered a speech as follows: “They committed a real abuse in seizing the flag. The members of the Constabulary are bad because they shot even innocent women, as it happened in Tayug. In view of this, we ought to be united to suppress that abuse.

Answer 287

>> not liable for inciting to rebellion >> not liable for inciting to sedition of the first form but liable for second form

Answer 288

>> no crime of inciting to coup d’etat or treason >> may be held liable for inciting to sedition of the second form

Answer 289

Kunyari may nag-incite tapos may gumawa nga, illegal assembly na yung crime since penalty is higher. Liable yung leader, organizer and audience.

Answer 290

Rebellion is more frequently used where the object of the movement is completely to overthrow and supersede the existing government Insurrection 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 governmental authority with respect to particular matters or subjects. Rebellion/insurrection is an act of terrorism under RA9372 when it is committed in a manner which tends to create a condition of widespread fear or panic in order to pursue its objectives.

Answer 291

Arbitrary Detention (124) - the offender is a law enforcer acting in the performance of public duties

Answer 292

Kidnapping (267) - the offender is private person or a law enforcer acting in his private capacity

Answer 293

Illegal Detention (267) - it is committed by a private individual who unlawfully kidnaps, detains, or otherwise deprives a person of liberty

Answer 294

(1) As to Classification AD: Crime against the fundamental law of the State UA: Crime against liberty (2) As to Offender AD: Public Officer UA: Any Person (3) As to Purpose of Offender AD: No intention to bring the offended to proper authorities but merely to detain him UA: Purpose of arrest is to bring the victim to proper authority and file a charge (4) As to Manner of Commission AD: Although authorized, detains a person without legal ground UA: Private Person: arrests a person without reasonable ground, and the purpose is to deliver the person arrested to the proper authorities Public Officer: not authorized to arrest and detain a person, or he did not act in his official capacity

Answer 295

(1) As to Presence of Warrant AD: No warrant of arrest DDD: No warrant of arrest, but with legal ground (2) As to Nature of Detention AD: The detention is illegal from the beginning DDD: The detention is legal in the beginning, but the illegality of the detention starts from the expiration of any of the period of time specified in Art. 125, without the person detained having been delivered to the proper judicial authority.

Answer 296

Illegal association is committed by the founders, directors, presidents and members of association totally or partially organized for the purpose of committing a felony or for some purpose contrary to public morals (147)

Answer 297

Interruption of religious worship is committed by any public officer who prevents or disturbs the ceremonies or manifestations of any religion. (132) Use of threat or violence is a qualifying circumstance in interruption of religious worship.

Answer 298

Offending the religious feelings is committed by anyone who performs acts notoriously offensive to the feelings of the faithful in a place devoted to religious worship or during the celebration of any religious ceremony (Art. 133)

Answer 299

No, it was not done in church or during a religious ceremony.

Answer 300

1. That any of the forms of direct assault defined in Art. 148 is being committed or has been immediately committed against a person in authority or an agent of a person in authority; 2. That the offended party comes to the aid of such person in authority or an agent of a person in authority being attacked; 3. That the offender makes use of force or intimidation upon such person coming to the aid of the person in authority or agent or agent of a person in authority

Answer 301

The crime committed was the special complex crime of direct assault with murder qualified by the use of a weapon. Direct assault under Art. 148 of the Revised Penal Code is committed by any person or persons who without public uprising, shall attack, employ force, or seriously intimidate any person in authority or any of his agents, while in the performance of their official duties, or on occasion of such performance. It is qualified when there is a weapon employed in the attack or the offender is a public officer. The rule on special complex crime is applicable because the single act of shooting resulted to a grave offense. In the case at bar, the man attacked Mayor Alingasaw, a public officer using a high caliber weapon resulting to his instantaneous death. **Alternative Answer: The man committed plain murder. Notwithstanding, the political figure of the Mayor being the highest official in the Municipality of Sumipol, there is no sufficient evidence pointing to the fact that the crime was politically motivated or is connected with his previous or current position in the Government. What is clear was that he was intentionally killed with the attending circumstance of treachery and that the assailant was identified. Other than that, the problem provided no facts for the man’s reasons in killing the Mayor. In the absence of which, the default crime should be murder.

Answer 302

akapogi is liable for the crime of unlawful use of means of publication in relation to RA10175 of the Cyber Crime Prevention Act. This provision punishes any person, who shall publish or cause to be published false news which may endanger the public order, or cause damage to the interest or credit of the State. If the false news is published with the use of communication or information technology, the penalty for unlawful use of means of publication shall be upgraded one degree higher. In the instant case, Makapogi’s malicious post on the harmful effects of the China vaccine may cause panic to the community disrupting the ongoing inoculation efforts by the Government. Considering further that the fake news was posted by way of using a social media account, the same qualifies the act to be violative also of the Cyber Crime Prevention Act, further increasing its imposed penalty to a higher degree.

Answer 303

No, persons who reacted to a defamatory message on social media by clicking the button for like, comment, or share are not liable for aiding or abetting an act likewise punishable under the Anti Cyber Crime Law.

Answer 304

In a crime of falsification of a public or official document, the principal thing punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed. Thus, intent to gain or injure is immaterial. Even more so, the gain or damage is not necessary. In falsification of public documents therefore, the controlling consideration is the public character of a document and the existence of any prejudice caused to third persons or, at least, the intent to cause such damage becomes immaterial.

Answer 305

All heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations. However, when a matter is irregular on the document’s face, so much so that a detailed examination becomes warranted, the Arias doctrine is unavailing.

Answer 306

YES. In falsification of a public document, it is immaterial whether or not the contents set forth therein were false. What is important is the fact that the signature of another was counterfeited. In a crime of falsification of a public document, the principal thing punished is the violation of public faith and the destruction of the truth as therein solemnly proclaimed. Thus, intent to gain or injure is immaterial. Even more so, the gain or damage is not necessary. Falsification of documents under par. 1 of Art. 172, like Art. 171, does not require the idea of gain or the intent to injure a third person as an element of conviction. The change in the public document must be such as to affect the integrity of the same or to change the effects which it would otherwise produce; for unless that happens, there could not exist the essential element of the intention to commit the crime which is required by Art. 1 (now Art. 3) of the Penal Code. The criminal intent to pervert the truth is lacking in cases showing that 1) the accused did not benefit from the falsification; and 2) no damage was caused either to the government or to a third person.

Answer 307

No. One of the requisites is that the offender has a legal obligation to disclose the truth of the facts narrated in the document.

Answer 308

Committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under the circumstances rendering him guilty of perjury. Subornation of perjury is not expressly penalized in the RPC, but the person who induces another to commit a perjury may be punished under Art. 183, in relation to Art. 17, as a principal by inducement to the crime of perjury while the one induced is liable as a principal by direct participation.

Answer 309

Perjury. 1. The accused made a statement under oath or executed an affidavit upon a material matter; 2. The statement or affidavit made before a competent officer authorized to receive and administer oath; 3. In that s/a, the accused made a willful and deliberate assertion of a falsehood; and 4. The sworn s/a containing the falsity is required by law or made for a legal purpose.

Answer 310

Usurpation of Authority: by knowingly and falsely representing oneself to be an officer, agent, or representative of any department or agency of the Philippine government or any foreign government (NOTE: mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient. It is not necessary that the performs an act pertaining to a public officer. Usurpation of Official Functions: by performing any act pertaining to any person in authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so.

Answer 311

Fictitious Name - Name other than the real name - Uses publicly PURPOSE To conceal a crime To evade execution of a judgment To cause damage to public interest (if damage is to private interest: Art. 315, 2(a) Concealing - Conceals true name - All other personal circumstances PURPOSE To conceal identity

Answer 312

In qualified direct bribery, Article 210-A uses the phrase “who refrains from arresting or prosecuting.” Thus, the essence of qualified direct bribery is the refrainment from asserting or prosecuting an offender. Actual refrainment is necessary to consummate qualified direct bribery. Agreement or acceptance of gift without actual refraining from arresting or prosecuting the offender is not enough to consummate this crime.

Answer 313

(1) As to nature of funds M: Public properties or funds E: Private funds (2) As to Conversation M: Not required E: Required (3) As to Need of Prior Demand M: No need of a prior demand E: Demand is necessary (4) As to Damage M: Does not require damage to the government E: There must be damage Malversation > if the defendant has charge of the money or property by reason of his office or employment Estafa and malversation are by their nature very different circumstances under which the act is committed and the things which constitute the object of the act. In estafa, the object is private property; in malversation, public funds. Both crimes are continuing offenses. In malversation, personal misappropriation is not always necessary, as in the case when the offender permits another to take public funds; but in estafa, personal appropriation is essential. (People v. Tolentino) If hindi pa nakapag-issue ng receipt to officially make it a public fund, estafa lang muna.

Answer 314

Art. 220 Illegal Use of Public Funds or Property > also referred to as “technical malversation” It is necessary that public funds or properties had been diverted to any public use other than that provided for by law or ordinance No matter the intention, ex: di naman nagagamit sa rabies victims yung funds pero ginamit sa waiting shed for the barangay. Still technical malversation. Elements: 1. The offender is a public officer 2. There is public fund or property under his administration 3. Such public fund or property has been appropriated by law or ordinance 4. He applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance

Answer 315

ACCUSED CANNOT BE CONVICTED OF TECHNICAL MALVERSATION IN AN INFORMATION CHARGING MALVERSATION. The elements of the two are distinct and different from each other. In malversation, the offender misappropriates public funds for personal use or allows another to take such public funds. In TM, the public officer applies public funds under his administration to a public use other than that for which it was appropriated by law or ordinance. Technical malversation is not included in nor does it necessarily include malversation of public funds.

Answer 316

>> answer will depend on you. You can consider the father in the situation, or not.

Answer 317

If the fetus survives in spite of the attempt to kill it or the use of violence, abortion is not consummated.

Answer 318

a. If victim is non viable (less than 6 months), abortion b. If victim is viable but less than 3 days old, infanticide c. If victim is 3 days old or more, parricide

Answer 319

A is liable for the complex crime of parricide with unintentional abortion.

Answer 320

A is liable for the complex crime of parricide with unintentional abortion.

Answer 321

A is liable for the complex crime of parricide and infanticide.

Answer 322

Complex crime of double parricide.

Answer 323

Insane, imbecile, impotent, blind Lost speech, power to hear or smell, lost an eye, a hand, foot, ear, leg, lost the use of any such member, incapacitated to work (habitual engaged) Deformed, lost any part of his body or use thereof, ill or incapacitated to work (habitually engaged) for more than 90 days Illness or incapacity for labor for more than 30 days Medical attendance is not necessary

Answer 324

Incapacity for labor 10 days or more OR shall require medical assistance for the same period

Answer 325

Incapacitated from labor for 1-9 days or shall require medical attendance for the same period Injuries which did not prevent the offended from engaging in habitual work or did not require medical attendance Ill treatment of another by deed without injury

Answer 326

1. Any person who within any town or public place, shall discharge any rocket, firecracker or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places.

Answer 327

(a) Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide, or any other crime for which a higher penalty is prescribed by any of the articles of this Code. (b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed. (c) If the person who commits the offense provided in this Article is a member of the military and military auxiliary agencies, or law enforcement agencies, authorized to bear firearms and such discharge is not in the performance of official duties, the penalty one degree higher than that prescribed above shall be imposed and the offender may be held administratively liable. In addition to the penalties imposed herein, any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit.

Answer 328

All offenses punishable under this Act shall prescribe in fifteen years.

Answer 329

Ill-gotten wealth” means any asset, property, business enterprise or material possession of any person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; 5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or 6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

Answer 330

All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including citizens' military training and citizens' army training. This prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such as community-based and other similar fraternities, sororities and organizations: Provide, That the physical, mental, and practices to determine and enhance the physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP as approved by the Secretary of National Defense and National Police Commission, duly recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be considered as hazing purposes of this Act: Provided, further, That the exemption provided herein shall likewise apply to similar procedures and practices approved by the respective heads of other uniformed learning institutions as to their prospective members, nor shall this provision apply to any customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or certificate. "In no case shall hazing be made a requirement for employment in any business or corporation."

Answer 331

The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property burned is any of the following: 1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored. 2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services. 3. Any church or place of worship or other building where people usually assemble. 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings. 6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building. 7. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Answer 332

1. Any building used as offices of the government or any of its agencies; 2. Any inhabited house or dwelling; 3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; 4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest; 5. Any rice mill, sugar mill, cane mill or mill central; and 6. Any railway or bus station, airport, wharf or warehouse

Answer 333

1. If committed with intent to gain; 2. If committed for the benefit of another; 3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; 4. If committed by a syndicate. The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.

Answer 334

1. treason 2. arson 3. terrorism

Answer 335

It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.

Answer 336

It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.

Answer 337

Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.

Answer 338

The 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 of other unlawful means, committed by any person on any Philippine Highway.

Answer 339

Any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such: (1) Killing members of the group; (2) Causing serious bodily or mental harm to members of the group; (3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (4) Imposing measures intended to prevent births within the group; and (5) Forcibly transferring children of the group to another group.

Answer 340

Art. 365 (specific) > Art. 4 (general)

Answer 341

The essential difference between the two is that the robber makes the danger involved in his threats directly imminent to his victim. He wants to obtain his gain immediately, thereby also taking risks to his person from the opposition or resistance which the victim might offer. On the other hand, in grave threats the danger to the victim is not instantly imminent nor the gain of the culprit immediate. The accused uses scheme to avoid any risks to his person.

Answer 342

There is no special complex crime of robbery with homicide and double frustrated homicide. The offense is robbery with homicide alone, regardless of the number of homicides or injuries committed. If no death had supervened, the accused should be held liable for separate crimes of robbery and frustrated or attempted homicide or murder (provided that there was intent to kill) if the latter offenses were not necessary for the commission of the robbery, or for a complex crime of robbery and frustrated or attempted homicide or murder under Article 48 of the Code if the latter offenses were the necessary means for the commission of robbery. When homicide is committed by reason or on the occasion of a robbery, all those who took part as principals in the robbery would also be liable as principals of the single and indivisible felony of robbery with homicide although they did not actually take part in the killing, unless it clearly appears that they endeavored to prevent the same. Hence, he would be guilty only of robbery.

Answer 343

A “finder” under Article 308, par. 2(1) of the RPC is not only limited to the actual finder of the lost property since the gist of the offense is the furtive taking and misappropriation of the property found.

Answer 344

1. The accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and 2. The damage or prejudice capable of pecuniary estimation is caused to the offended party or third person

Answer 345

1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligations involving the duty to make delivery of, or return, the same; 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender. (necessary to prove there was misappropriation. If there was evidence of misappropriation, demand is no longer necessary.

Answer 346

a. That there must be a false pretense or fraudulent representation as to the offender’s power, influence, qualifications, property, credit, agency, business or imaginary transactions b. That such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud c. That the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property, and d. That, as a result thereof, the offended party suffered damage.

Answer 347

1. That the offender postdated a check, or issued a check in payment of an obligation 2. That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. 3. The check must be postdated or issued in payment of an obligation contracted at the time of the issuance and delivery of the check. The meaning given to the phrase, “in payment of an obligation,” is that the check should not be postdated or issued in payment of pre-existing obligation.

Answer 348

(1) by inducing another, by means of deceit, to sign any document; (2) by resorting to some fraudulent practice to ensure success in a gambling game; and by removing, concealing, or destroying, in whole or in part, any record, office files, document, any other papers.

Answer 349

1. Counterfeiting or imitating a handwriting, signature, or rubric 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them 4. Making untruthful statements in a narration of facts 5. Altering true dates 6. Making any alteration or intercalation in a genuine document which changes its meaning 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

Answer 350

1. By falsely testifying under oath (not in judicial proceeding); and 2. By making a false affidavit

Answer 351

1. The offender is a public officer entrusted with enforcing the law 2. He refrains from arresting or prosecuting an offender who has committed a crime 3. The crime committed by the offender is punishable by reclusion perpetua or death; and 4. The omission was in consideration of any offer, gift, or present. (211-A)

Answer 352

1. The offender makes offers or promises or gives gifts or presents to a public officer; and 2. 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 bribery or indirect bribery.

Answer 353

Yes. Those who take a direct part in the malversation by public officials and those who cooperate in the commission of the crime are guilty as principals although they themselves are not public officials.

Answer 354

a. The offenders are accountable officers in both crimes b. The offender in illegal use of public funds or property does not derive any personal gain or profit; in malversation, the offender in certain cases profits from the proceeds of the crime c. In illegal use, the public fund or property is applied to another public use; in malversation, the public funds or property is applied to the personal use and benefit of the offender of another person.

Answer 355

If the offender is a public officer, the crime is arbitrary detention; however, public officer must have a duty under the law to detain a person. If he has no such duty and he detained a person, he is guilty of kidnapping and serious illegal detention.

Answer 356

Murder (People v. Estacio)

Answer 357

In People v. Bernie Concepcion, the SC considered the abduction of the victim by the accused absorbed in the crime of rape since it was resorted to in order to commit the latter crime.

Answer 358

1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and offender attained his purpose. 2. By making such threat without the offender attaining his purpose 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subjection to a condition

Answer 359

Light Threats are committed in the same manner as grave threats except that the act threatened to be committed should not be a crime. 1. The offender makes a threat to commit a wrong 2. The wrong does not constitute a crime 3. There is a demand for money or that other condition is implied, even though not unlawful; and 4. The offender has attained his purpose or, that he has not attained his purpose.

Answer 360

Other light threats (285) 1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense 2. By orally threatiening another, in the heat of anger, with some harm not constituting a crime, without persisting with the idea involved in the threat 3. By orally threatening to do another any harm not constituting a felony.

Answer 361

Grave Coercion (286) 1. A person prevented another from doing something not prohibited by law, or that he be compelled to do something against his will, be right or wrong 2. The prevention or compulsion be effected by violence, either by material force or such a display of force as would produce intimidation and control the will of the offended party; and 3. The person that restrained the will and liberty of another had more authority of law or the right to do so, or in other words, that the restrain shall not be made under the authority of law or in the exercise of any right. the essence of coercion is an attack on individual liberty.

Answer 362

1. Failure to judicially charge within the prescribed period renders the public officer effecting the arrest liable for the crime of delay in the delivery of detained persons under Article 125 of the Revised Penal Code 2. Further, if their warrantless arrest was without any legal ground, the arresting officers become liable for arbitrary detention under Article 124. However, if the arresting officers are not among those whose official duty gives them the authority to arrest, they become liable for illegal detention under Article 267 or 268. 3. If the arrest is for the purpose of delivering the person arrested to the proper authorities, but it is done without any reasonable ground or any of the circumstances for a valid warrantless arrest, the arresting persons become liable for unlawful arrest under Article 269. 4. A public officer whose official duty does not involve the authority to arrest may be liable for illegal detention. Illegal detention, defined under Articles 267 and 268 of the Revised Penal Code penalizes “any private individual who shall kidnap or detain another, or in any other manner deprive him [or her] of his [or her] liberty. 5. A public officer who has no duty to arrest or detain a person is deemed a private individual, in contemplation of Articles 267 and 268 of the Revised Penal Code. 6. Even when a public officer has the legal duty to arrest or detain another, but he or she fails to show legal grounds for detention, “the public officer is deemed to have acted in a private capacity and is considered a ‘private individual.’”

Answer 363

1. Sedition has only 2 general requirements: (a) public uprising, and (b) purposes of sedition 2. The purposes of sedition are social and political, the purposes of rebellion are always political; 3. Rebellion theoretically absorbs all crimes or offenses occurring during its commission; and 4. Rebellion is a continuing crime, sedition is not.

Answer 364

People v. Tulagan: While Malto is correct that consent is immaterial in cases under RA 7610 where the offended party is below 12 years of age, we clarify that consent of the child is material and may even be a defense in criminal cases involving violation of Sec. 5, Art. III of RA 7610 when the offended party is 12 years old or below 18 or above 18 under special circumstances. Such consent may be implied from the failure to prove that the said victim engaged in sexual intercourse either “due to money, profit, or any consideration or due to the coercion or influence of any adult, syndicate or group.”

Answer 365

The offender in statutory acts of lasciviousness will be prosecuted under Article 336 of the RPC, but the penalty is provided for under Sec. 5(b) of RA 7610. Therefore, there is no conflict between rape and acts of lasciviousness under the RPC, and sexual intercourse and lascivious conduct under RA 7610.

Answer 366

In case the victim is 16 years old or less than 18 and is deemed to be a child “exploited in prostitution and other sexual abuse” because she agreed to indulge in sexual intercourse “for money, profit or any other consideration or due to coercion or influence of any adult, syndicate or group,” the crime could not be rape under the RPC, because this no longer falls under the concept of statutory rape, and that there was consent. Instead, the offender will now be penalized under Sec. 5(b), RA 7610, and not under Art. 266-A of the RPC. But if the said victim does not give her consent to sexual intercourse in the sense that the sexual intercourse was committed through force, threat or intimidation, the crime is rape under paragraph 1, Article 266-A of the RPC.

Answer 367

the laying of the hands on the victim was an offshoot of the accused emotional outrage after being informed that her daughter’s head was punctured, and whom she thought was already dead. Having lost the strength of her mind, she lacked that specific intent to debase, degrade or demean the intrinsic worth and dignity of a child as a human being that was so essential in the crime of child abuse. In fine, the essential element of intent was not established with the prescribed degree of proof required for a successful prosecution under Sec. 10(a), Article VI of RA7610. But if done in defense of his/her own child, not child abuse.

Answer 368

Conspiracy is legally presumed in hazing. RA8049 presents a novel provision that introduces a disputable presumption of actual participation; and which modifies the concept of conspiracy. Section 4, paragraph 6 thereof provides that the presence of any person during the hazing is prima facie evidence of participation as principal, unless he prevented the commission of the punishable acts. The provision is unique because a disputable presumption arises from the mere presence of the offender during the hazing which can be rebutted by proving that the accused took steps to prevent the commission of the hazing. (Dungo v. People) The existence of a disputable presumption does not preclude the presentation of contrary evidence.

Answer 369

Ivler Doctrine - reckless imprudence absorbs the injuries. Double jeopardy if separate pa kasi nga reckless imprudence is a felony itself, not just a means of committing a felony

Answer 370

There is no complex crime of arson with (multiple) homicide. In People v. Malngan, GR No. 170470, there is no complex crime of arson with homicide because the crime of arson absorbs the resultant death or is a separate crime altogether. >> basta look into the intent of the perpetrator WAIT. LATEST JURISPRUDENCE there is a special complex crime of Arson with Homicide. (People v. Mae Al-Saad)

Answer 371

Yes, for the crime of estafa under Art. 315(1) of the RPC.

Answer 372

Proof of misappropriation is not an element of estafa under 2(a) Unlike estafa under par. 1(b) of Art. 315 of the Code, estafa under par. 2(a) of that provision does not require as an element of the crime proof that the accused misappropriated or converted the swindled money or property. All that is required is proof of pecuniary damage sustained by the complainant arising from his reliance on the fraudulent representation. The prosecution in this case discharged its evidentiary burden by presenting the receipts of the installment payments made by Sy on the purchase price for the Club share. (Lopez v. People)

Answer 373

As a rule, a person charged with qualified theft cannot be convicted for Estafa. As provided by Art. 310 of the RPC, qualified theft is defined as the taking of one’s property without the owner’s consent, and must be done by a domestic servant, with grave abuse of confidence, if the property stolen is a motor vehicle, mail matter, or cattle, consists of coconuts from premises of plantation, fish from fishpond, and taken during a calamity. Also, in theft, he only took material possession of the thing. Estafa or swindling is defines in the Revised Penal Code as defrauding another through abuse of confidence or through means of deceit, where the owner consented to the voluntary giving of a thing to the offender and was entrusted to take care of it for administration, trust or commission. Thus, in Qualified Theft, the owner did not consent to the taking of the property, while in Estafa, there is a voluntary entrustment of the property.

Answer 374

Yes. If the intention of the culprits from the beginning was to take personal property. Even if the rape was committed before the taking of personal properties, if rape was not the primary objective, robbery with rape is committed. Additional rapes committed on the same occasion of robbery will not increase the penalty. 1. If the girl is robbed, raped and then killed, the crime is robbery with homicide aggravated by rape 2. If the girl is raped, then robbed and then killed the crimes are (i) rape with homicide and (ii) robbery 3. If the girl is raped and then a personal property is taken the crimes are (i) rape and (ii) theft

Answer 375

No. The personal property subject of the theft must have some value, as the intention of the accused is to gain from the thing stolen. This is further bolstered by Article 309, where the law provides that the penalty to be imposed on the accused is dependent on the value of the thing stolen. There can be no question that as of the time that petitioner took possession of the check meant for Mega Foam, she had performed all the acts to consummate the crime of theft, had it not been impossible accomplishment in this case. Thus, the offender is liable for Impossible Crime of Theft.

Answer 376

The offender cannot be liable for simple robbery. The elements of robbery are: 1) there is taking of personal property; 2) the personal property belongs to another; 3) the taking is with animus lucrandi; and 4) the taking is with violence against or intimidation of persons or with force upon things. Clearly, for the requisite of violence to obtain in cases of simple robbery, the victim must have sustained less serious physical injuries or slight physical injuries in the occasion of the robbery or there should be some kind of violence exerted to accomplish the robbery. The crime is only theft. Property belongs to another >> kahit mere possession lang, not necessarily ownership (Miranda v. People)

Answer 377

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 objects of the damage caused by him; and 3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products.

Answer 378

No. The crime committed is theft. Records show that Ana was merely a collector of loan payments from the Bank’s clients. At the end of every banking day, she was required to remit all cash payments received together with the corresponding cash transfer slips to her supervisor. As such, the money merely passes into her hands and she takes custody thereof only for the duration of the banking day. Hence, as an employee of the Bank, specifically, its temporary cash custodian whose tasks are akin to a bank teller, she had no juridical possession over the missing funds but only their physical or material possession. A had only acquired material and not juridical possession of such funds and consequently, cannot be charged for the crime of estafa. Dismissal without prejudice to the filing of the appropriate criminal charge against her.

Answer 379

AD: - Public officer with authotity to detain - Without legal ground - No intention to bring the victim to the authorities but merely to detain him NOTE: Detention is illegal from the beginning DDD: - Offender is a public officer - Detention is for some legal ground - Failed to deliver to the proper judicial authorities within certain period NOTE: Illegality stands for expiration of the periods UA: - Offender public officers (not vested with authority to arrest or detain) or a private person - Arrests a person without reasonable ground and purpose is to deliver to the proper authorities NOTE: No period of detention is fixed by law but motive is controlling Kidnapping: - Private individual - Detention is illegal More than 3 days Simulating public authority Serious physical injuries are made, threats to kill him are made Minor, female or public official These elements need not concur SPECIAL COMPLEX CRIME Kidnapping with rape Kidnapping with homicide

Answer 380

Kidnapping: - Private individual - Detention is illegal More than 3 days Simulating public authority Serious physical injuries are made, threats to kill him are made Minor, female or public official Special Complex Crime Kidnapping with Rape Kidnapping with Homicide Slight Illegal Detention: - Private individual - Kidnaps or detains another - Illegal - Without the circumstances of Art. 267 Mitigating: - Release within 3 days - Without having attained purpose - Before criminal proceedings are instituted

Answer 381

The penalty shall be death where the kidnapping or detention was for the purpose of extorting ransom even if none of the circumstances above are present.

Answer 382

Regardless of whether the killing was purposely sought or merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Article 48 nor be treated as separate crimes, but shall be punished as a special complex crime. If the primary and ultimate purpose of the accused is to kill the victim, the incidental deprivation of the victim’s liberty does not constitute kidnapping but is merely preparatory to the act of killing (People v. Delim) Kidnapping/Serious Illegal Detention with Homicide The person killed is the victim of the kidnapping or illegal detention. If the person killed is a third person, it is article 48 which applies and the crime is an ordinary complex crime.

Answer 383

Kidnapping with rape: taking of the victim was without lewd designs Forcible abduction with rape: At the outset, there is already lewd design Kidnapping/Serious Illegal Detention with Rape The victim of rape is the victim of kidnapping and not a third person

Answer 384

Kidnapping for ransom with murder.

Answer 385

It is still kidnapping for ransom with murder. The rape will be considered as an aggravating circumstance.

Answer 386

Jaime, Andy and Jimmy committed kidnapping with homicide. The original intention was to demand ransom from the family with the threat of killing. As a consequence of the kidnapping, however, Luke was killed. Thus, the victim was deprived of his freedom and the subsequent killing, though committed by another person, was a consequence of the detention. Hence, this properly qualified the crime as the special complex crime of kidnapping for ransom with homicide. Emil and Louie who smashed the head of the victim and buried the latter in the sand committed murder qualified by treachery or abuse of superior strength. They are not liable for kidnapping because they did not conspire, nor are they aware of the intention to detain Luke whom they were informed was hiding from the NBI. Mario has no liability since he was not aware of the criminal intent and design of Jaime, Andy and Jimmy. His act of brining Luke to Navotas for “a lesson in Christian humility” does not constitute a crime. ALTERNATIVE ANSWER: Jaime, Andy, and Jimmy committed kidnapping with ransom. After kidnapping Luke, they demanded ransom with the threat of killing him. However, the killing of Luke is separate from the kidnapping, and who will be liable for a different crime. Emil and Louie who smashed the head of the victim and buried the latter in the sand committed murder qualified by treachery or by abuse of superior strength. They are not liable for kidnapping because they did not conspire, nor are they aware of the intention to detain Luke whom they were informed was hiding from the NBI. Mario has no liability since he was not aware of the criminal intent and design of Jaime, Andy, and Jimmy. His act of bringing Luke to Navotas for “a lesson in Christian humility” does not constitute a crime. The rule now is where the person kidnapped is killed in the course of detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last par. Of Art. 267, as amended by RA 7650. (People v. Ramos)

Answer 387

By means of conspiracy, they are liable for the special complex crime of kidnapping with homicide. Abducting Brenda is not forcible abduction since the victim is not actually a woman under the definition of law. Gender reassignment will not make Brenda a woman within the meaning of Art. 342 of the Revised Penal Code.

Answer 388

A parent who took the minor from the parent who has been granted custody by the court will be charged with the crime of kidnapping and failure to return a minor under Article 270.

Answer 389

Dante committed qualified trespass to dwelling, frustrated homicide for the stabbing of Jay, and less serious physical injuries for the assault on Mamerto. The crime of qualified trespass to dwelling should not be complexed with frustrated homicide because when the trespass is committed as a means to commit a more serious crime, trespass to dwelling is absorbed by the greater crime and the former constitutes an aggravating circumstance of dwelling.

Answer 390

In grave threats, the wrong threatened amounts to a crime which may or may not be accompanied by a condition. In light threats, the wrong threatened does not amount to a crime but is always accompanied by a condition. In other light threats, the wrong threatened does not amount to a crime and there is no condition. Art. 285, par. 1 (other light threats) is inapplicable although it specifically states, “shall threaten another with a weapon or draw such weapon in a quarrel,” since it presupposes that the threat to commit a wrong will not consitute a crime. That the threat to commit a wrong will constitute or not constitute a crime is the distinguishing factor between grave threats on one hand, and light and other light threats on the other. In this case, the offense committed falls under Art. 282, par. 2 (grave threats) since: (1) killing or shooting someone amounts to a crime, and (2) the threat to kill was not subject to a condition. The poking of a gun clearly enounces a threat to kill or to inflict serious physical injury on the person of A. Hence, A could be convicted of grave threats contrary to the contention of the defense.

Answer 391

GC: There is violence or intimidation UV: There is no violence or intimidation Usually if sinisilipan or hinihipo tapos walang elements of acts of lasciviousness, unjust vexation yung finafile.

Answer 392

GC: Intent to deprive the offended party of his liberty is not clear (may freely leave the house but is compelled to return) UV: Intent to deprive is present

Answer 393

1. Concubinage (334) 2. Adultery (333) 3. Seduction whether qualified or simple (337, 338) 4. Abduction which may be forcible or consented (342, 343) 5. Acts of lasciviousness with or without consent (336, 339)

Answer 394

1. The married woman who engages in sexual intercourse with a man not her husband 2. The man who, knowing of the marriage of the woman, has sexual intercourse with her.

Answer 395

No. People v. Zapata: each occasion of sexual intercourse constitutes a crime of adultery. So example if sa baguio, palawan, and QC. You can file separately in each (pero pending pa daw yung case)

Answer 396

If the person guilty of adultery committed the offense while being abandoned without justification by the offended spouse, the penalty next lower in degree shall be imposed (333).

Answer 397

Paramour: the death of the paramour will NOT bar prosecution against the unfaithful wife, because the requirement that both offenders be included in the complaint is absolute only when the offenders are alive (344 (2)) Offended party: the death of the offended party will not terminate the proceedings

Answer 398

It will NOT automatically acquit the other. There may be a joint criminal intent, although there is a joint physical act One of the parties may be insane and the other is sane. The man may not know that the woman is married.

Answer 399

In adultery, pardon must come BEFORE the institution of the criminal prosecution. BOTH offenders must be pardoned. When there is consent, whether implied or expressed, the husband CANNOT institute a criminal complaint for adultery. Consent applies to future acts while pardon refers to past acts (People v. Schneckenburger)

Answer 400

Under the law, there can be NO accomplice in the crime of adultery, although in fact there can be such an accomplice.

Answer 401

Husband’s illicit relationship does NOT absolve but MAY mitigate wife’s liability for adultery (People v. Florez)

Answer 402

1. That the man must be married 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife c. Cohabiting with her in any other place 3. That as regards the woman, she must know him to be married – kapag sexual intercourse alone not under scandalous circumstances, hindi daw cinoconsider ng Supreme Court as concubinage Scandalous must be confirmed by a third person, not just the wife since biased na sya – cohabiting dapat din by testimony of a third person kasi dapat continuing sya to the point that the third person thought they are H&W

Answer 403

it consists of any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbor’s spiritual damage or ruin

Answer 404

Adultery is more severely punished than concubinage because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his (husband’s) name and receiving support from him.

Answer 405

People v. Tabarangao: The crime of consummated rape necessarily absorbs acts of lasciviousness, the essence of which is the commission of acts of lewdness without any intention to lie with the woman. People v. Egan: Attempted rape is absorbed by forcible abduction as the former constitutes the element of lewd design

Answer 406

Art. 337 (amended) Qualified Seduction. – The seduction of a minor 16 and over but under 18 years of age, committed by any person in public authority, priest, home-servant, domestic guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced, shall be punished by prision correccional in its minimum and medium periods.

Answer 407

1. Seduction by persons who abuse their authority or the confidence reposed in them 2. Seduction of a sister by her brother or descendants by her ascendant, REGARDLESS of her age and reputation

Answer 408

The seduction of a minor, 16 and over but under 18 years of age committed by means of deceit, shall be punished by arresto mayor.

Answer 409

Corruption of Minors (as amended by BP Blg. 92) Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another.

Answer 410

Abduction is the taking away of a woman from her house :of the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. (People v. Crisostomo)

Answer 411

(1) As to existence of lewd design FA: With lewd design GC/K: No lewd design (2) As to deprivation of liberty FA: There is no deprivation of liberty GC/K: Generally committed habitually

Answer 412

Yes. Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction.

Answer 413

People v. Pineda: Forcible abduction is a continuing crime. As such, the criminal action may be instituted in the proper court of any province in which the offense is continued.

Answer 414

People v. Garcia: There can only be one complex crime of forcible abduction with rape. Thus, the subsequent acts of rape can no longer be considered as separate complex crimes of forcible abduction with rape. People v. Domingo: There is no complex crime of forcible abduction with rape if the primary objective of the accused is to commit rape.

Answer 415

Yes and No. Forcible abduction with rape > If the minor or offended party refuses to initiate the case, pwede ba yung parents magfile? YES, because with rape. NO, law expressly provides abduction cannot be filed by someone else. Rape is now a crime against persons, which may be prosecuted de oficio (RA 8353, Sec. 2) If a minor or incapacitated and refuses to to file either of the next succeeding persons may file: Either of the parents Either of the grandparents whether paternal or maternal side Legal or judicial guardians The state, as parens patriae, when the offendd party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians > dapat ba in this order? Prosec thinks no kasi responsibility of the state to protect the people, especially now na crimes against persons na ang rape

Answer 416

Bigamy is a public crime, thus, its prosecution may be initiated by anyone.

Answer 417

(old) Capili v. People: The subsequent judicial declaration of the nullity of the first marriage is immaterial if the crime of bigamy has been consummated prior to said declaration. Bigamy is a public crime, thus, its prosecution may be initiated by anyone. (new) Pulido v. People: In criminal prosecutions for bigamy, the accused can now validly interpose the defense of a void ab initio marriage even without obtaining a judicial decree of absolute nullity; a judicial decree of absolute nullity of a first marriage in a separate proceeding, irrespective of when it was secured, is a valid defense in a criminal prosecution for bigamy. Baka itanong yung first paragraph So kailangan sumampa muna yung kaso because it says “criminal prosecutions” Pero no need for judicial decree > ???????????????????????? pero cinlarify ni maam na need pa din daw you cannot invoke mere pendency

Answer 418

Only if the second spouse had knowledge of the previous undissolved marriage of the accused could she be included in the information as a co-accused (Santiago v. People)

Answer 419

A person convicted of bigamy may still be prosecuted for concubinage (Santiago v. People)

Answer 420

The death of the first spouse during the pendency of the bigamy case does not extinguish the crime, because when the accused married the second spouse, the first marriage was still subsisting

Answer 421

Illegal Marriage (350) 1. That the offender contracted marriage 2. That he knew at the time that: 3. The requirements of the law were not complied with 4. The marriage was in disregard of a legal impediment 5. That the offender must not be guilty of bigamy

Answer 422

A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach the honesty, virtue or reputation, or to hold him up to public ridicule Must be based on interpretation of the person defamed (complainant) accompanied by an affidavit of a third person.

Answer 423

Erwin v. Tulfo - Neither the publisher nor the editors can disclaim liability for libelous articles that appear on their paper by simply saying they had no participation in the preparation of the same.

Answer 424

Libel, not a continuing crime. People v. Hon. Gines - the prescriptive period of one year for libel shall commence to run from the day the alleged libelous article was published.

Answer 425

Absolutely privileged communications are those which are not actionable even if the author has acted in bad faith such as speech or debate in the Congress or in any Committee thereof or words uttered or published in the course of judicial proceedings, provided the statements are pertinent or relevant to the case; or which is legitimately related thereto, or so pertinent to the subject of the controversy that it may become the subject of inquiry in the course of trial. X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Every defamatory imputation is presumed to be malicious (Art. 354). However, despite the defamatory character of the imputation, malice is not presumed if the communication is privileged. A private communication made by any person to another in the performance of any legal, moral or social duty is a qualified privileged communication. Hence, defamatory imputation in it is not presumed. Since the presiding judge has the duty to act on what the letter states, malice is not presumed and must be proven by evidence. An open letter involving a planned assassination of a person addressed to the President and published in several newspapers of general circulation is not a privileged communication. Even if the interest sought to be protected belongs to the public in general, certainly, the general public does not have the power to remedy the alleged dangers sought to be prevented.

Answer 426

No. Error, misstatement or inaccuracy in news report does not prove actual malice. Mistakes are inevitable in the exercise of freedom of expression and press. (Borjal v. CA)

Answer 427

No. Atty. Abogado is not liable. Parties, counsel, and witnesses are exempted from liability in libel or slander cases for words otherwise defamatory, uttered or published in the course of judicial proceedings, provided the statements are pertinent or relevant to the case. The matter to which the privilege does not extend must be so palpably wanting in relation to the subject matter of the controversy that no reasonable man can doubt its irrelevance or impropriety. (US v. Bustos)

Answer 428

The contention of SNM and its members that they are not criminally liable because they acted in good faith is wrong. It is settled in Criminal Law that good faith is not a matter of defense in crimes mala prohibita. As long as there is proof that the offender violated the act punished under the law, the same would result into conviction, regardless of the criminal intent of the accused. Here, the penal provision of the Water Code of the Philippines requiring for a permit to use foreshore lands can be considered as mala prohibita since it is not inherently immoral. Considering that there is proof in this case that SMN and its members occupied the foreshore land of Barangay San Pedro, Panabo City, Davao del Norte without the necessary permits and licenses, they are criminally liable, regardless of the criminal intent of SNM and its members. Therefore, the contention of SNM and its members is wrong.

Answer 429

I will raise Utilitarian Theory as a defense in favor of Mr. ABC. According to jurisprudence, Utilitarian Theory provides that the primary function of punishment is to protect the society against actual and potential wrongdoers. Here, Mr. ABC is not an actual or potential violator of BP22 as he was a mere victim of the scheme employed by Mr. XYZ and Ms. XYZ, which is of doubtful validity, designed to prey on unsuspecting businessmen like Mr. ABC. Thus, I will raise the defense of Utilitarian Theory in favor of Mr. ABC.

Answer 430

Under the Juvenile Justice Welfare Act, a child in conflict with the law, with an age of more than 15 years of age, and who acted with discernment, shall be criminally liable. According to the Supreme Court, discernment refers to the ability of a person to know the consequences of his actions, whether it is right or wrong. In this case, Lito is more than 15 years of age. He also acted with discernment because he deliberately adopted the means and methods in killing Brutus, indicating that he knows the consequences of his actions. Thus, Lito is not exempt from criminal liability.

Answer 431

1. Generic - applicable to all kinds of crimes 2. Inherent - constituting element of the crime charged 3. Qualifying - change the nature of the offense (i.e. treachery) Specific - apply to a particular offense (sex, age) 4. abSpecial - increases the penalty to a maximum period; cannot be offset by any OMC (i.e. abuse of official fiunction)

Answer 432

Allan is criminally liable for malversation. Under the Revised Penal Code, malversation is committed by an accountable public officer, who, through negligence, shall permit any other person to take public property. Here, Allan is an accountable public officer insofar as the government car is concerned. Allan also permitted Joey through negligence to take such car. Thus, Allan is criminally liable for malversation.

Answer 433

The Supreme Court has held that the failure to conduct public bidding in the purchase of goods does not automatically equate to evident bad faith and manifest partiality. Macairan v. People: It has been consistently ruled that a mere signature or approval appearing on a document does not meet the required quantum of proof to establish the existence of conspiracy. There must be other positive and clear evidence showing each of the accused’s conscious and intentional participation in the planning, preparation and execution of crime charged.

Answer 434

In favor of Steve Rogers. In a case involving similar facts, the Supreme Court ruled that while there appears to be a degree of preference for a specific brand, a preference for the brand’s performance record and reliability, this preference does not rise to the level of manifest partiality that would show an ulterior motive or purpose on the part of the accused. Under Sec. 3(e) of RA3019, the prosecution must show not only the defects in the procurement procedure but also the alleged evident bad faith, gross inexcusable negligence, or manifest partiality on the part of the accused.

Answer 435

Jurisprudence provides that relationship alone should not be determinative of liability under Sec. 3(e) of RA3019, absent any kind of showing that it was used improperly or with corrupt motives to the disadvantage of the government. Chung v. Ombudsman: Jurisprudence is clear that the mere opening of an LC does not involve a specific appropriation of a sum of money in favor of the beneficiary. It only signifies that the beneficiary may be able to draw funds upon the LC up to the designated amount specified therein. It does not even convey the notion that a particular sum of money has been specifically reserved or has been held in trust.

Answer 436

If the commission of the offense is not known at that time, prescription begins to run from its discovery. It was mostly applied in cases involving behest loans executed during the Martial Law regime, as an exception to the general rule that prescription runs from the commission of the crime.

Answer 437

Under Sec. 15 or RA 91655, as amended, the phrase “a person arrested or apprehended” refers to an arrest or apprehension for a drug related offense. The constitutional right of an accused against self-incrimination proscribes the use of physical or moral compulsion to extort communications from the accused and not the inclusion of his body in evidence when it may be material.

Answer 438

GR: Informants are usually not presented in court considering the need to hide their identities and preserve their invaluable services to the police. XPNS: Accused vehemently denies the selling prohibited drugs and there are material inconsistencies in the testimonies of the arresting officers; There are reasons to believe that the arresting officers had motives to falsely testify against the accused; or Only the informant was the poseur-buyer who actually witnessed the entire transaction The failure to allege in the Information the quantity or weight of the dangerous drugs is not fatal to sustain a judgment of conviction. At most, such omission will only affect the penalty to be imposed upon the accused.

Answer 439

114: Treason 115: Conspiracy and proposal to commit treason 116: Misprision of treason 117: Espionage 118: Inciting to war or giving motives for reprisals 119: Violation of neutrality 120: Correspondence with hostile country 121: Flight to enemy's country 122: Piracy 123: Qualified piracy

Answer 440

124: Arbitrary detention 125: Delay in the delivery of detained persons to the proper judicial authorities 126: Delaying release 127: Expulsion 128: Violation of Domicile 129: Search warrants maliciously obtained and abuse in the service of those legally obtained 130: Searching domicile without witnesses 131: Prohibition, interruption, and dissolution of peaceful meetings 132: Interruption of religious worship 133: Offending the religious feelings

Answer 441

134: Rebellion or insurrection 134-A: Coup d'etat 136: Conspiracy and proposal to commit coup d'etat, rebellion or insurrection 137: Disloyalty of public officers or employees 138: Inciting to rebellion or insurrection 139: Sedition 141: Conspiracy to commit sedition 143: Acts tending to prevent the meeting of Congress and similar bodies 144: Disturbance of proceedings 145: Violations of parliamentary immunity 146: Illegal assemblies 147: Illegal associations 148: Direct assaults 149: Indirect assaults 150: Disobedience to summons 151: Resistance and disobedience to a person in authority of such person 153: Tumults and other disturbances of public order 154: Unlawful use of means of publication and unlawful utterances 155: Alarms and scandals 156: Delivering prisoners from jails 157: Evasion of service of sentence 158: Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities 160: Commission of another crime during service of penalty imposed for another previous offense

Answer 442

161: Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive 162: Using forged signature or counterfeit seal or stamps 163: Making and importing and uttering false coins 164: Mutation of coins; importation and utterance of mutilated coins 165: Selling of false or mutilated coin, without connivance 170: Falsification of legislative documents 171: Falsification by public officer, employee or notary or ecclesiastic minister 172: Falsification by private individual and use of falsified documents 173: Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages 174: False medical certificates, false certificates of merits or service, etc. 175: Using false certificates 177: Usurpation of authority or official functions 178: Using fictitious name and concealing true name 179: Illegal use of uniforms or insignia 180-184: False testimony 185: Machinations in public auctions 186: Monopolies and combinations in restraint of trade

Answer 443

200: Grave scandal 201: Immoral doctrines, obscene publications and exhibitions and indecent shows

Answer 444

204: Knowingly rendering unjust judgment 205: Judgment rendered through negligence 206: Unjust interlocutory order 207: Malicious delay in the administration of justice 210: Direct Bribery 211: Indirect Bribery 211-A: Qualified Bribery 212: Corruption of public officers 217: Malversation of public funds or property 218: Failure of accountable officer to render accounts 220: Illegal use of public funds or property 235: Maltreatment of prisoners 238: Abandonment of office or position

Answer 445

Article 246. Parricide Article 247. Death or physical injuries inflicted under exceptional circumstances Article 248. Murder Article 249. Homicide Article 251. Death caused in a tumultuous affray Article 252. Physical injuries inflicted in a tumultuous affray Article 253. Giving assistance to suicide Article 254. Discharge of firearms Article 255. Infanticide Article 256. Intentional abortion Article 257. Unintentional abortion Article 258. Abortion practiced by the woman herself of by her parents Article 262. Mutilation Article 263. Serious physical injuries Article 264. Administering injurious substances or beverages Article 265. Less serious physical injuries Article 266. Slight physical injuries and maltreatment 266-A: Rape

Answer 446

Article 267. Kidnapping and serious illegal detention Article 268. Slight illegal detention Article 269. Unlawful arrest Article 270. Kidnapping and failure to return a minor Article 271. Inducing a minor to abandon his home Article 272. Slavery Article 273. Exploitation of child labor Article 274. Services rendered under compulsion in payment of debt Article 275. Abandonment of person in danger and abandonment of one's own victim Article 276. Abandoning a minor Article 278. Exploitation of minors Article 280. Qualified trespass to dwelling Article 282. Grave threats Article 283. Light threats Article 286. Grave coercions Article 287. Light coercions Article 291. Revealing secrets with abuse of office Article 292. Revelation of industrial secrets

Answer 447

1. Any person who shall cause any boy or girl under sixteen years of age to perform any dangerous feat of balancing, physical strength, or contortion. 2. Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under sixteen years of age who are not his children or descendants. 3. Any person engaged in any of the callings enumerated in the next paragraph preceding who shall employ any descendant of his under twelve years of age in such dangerous exhibitions. 4. Any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under sixteen years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar. If the delivery shall have been made in consideration of any price, compensation, or promise, the penalty shall in every case be imposed in its maximum period. In either case, the guardian or curator convicted shall also be removed from office as guardian or curator; and in the case of the parents of the child, they may be deprived, temporarily or perpetually, in the discretion of the court, of their parental authority. 5. Any person who shall induce any child under sixteen years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

Answer 448

Robbery Brigandage Theft Article 310. Qualified theft Usurpation Article 315. Swindling (estafa) Article 320. Destructive arson Malicious Mischief

Answer 449

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. 2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos; 3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and 4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means: 1. With unfaithfulness or abuse of confidence, namely: (a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based 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 on 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 the offended party or 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 transactions, 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 the penalty. (d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.) (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. 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.

Answer 450

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

Answer 451

333: Adultery 334: Concubinage 335: Rape 336: Acts of Lasciviousness 337: Qualified seduction 338: Simple seduction 342: Forcible abduction

Answer 452

Article 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child Article 348. Usurpation of civil status Article 349. Bigamy

Answer 453

353: Libel 358: Slander

Answer 454

Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed. Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed. When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos. A fine not exceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed in Article sixty-four. The provisions contained in this article shall not be applicable: 1. When the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply. 2. When, by imprudence or negligence and with violation of the Automobile Law, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods. Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to give. (As amended by R.A. 1790, approved June 21, 1957).

Answer 455

No, the contention of the prosecution is misplaced. The Supreme Court has held that unlawful aggression manifests in various forms. Persistent, reckless, and taunting fist blows can equally cause grave danger and harm. The imminence of unlawful aggression is obscured by the instinct of self-preservation. In this case, the acts of Joel in hitting Joey numerous times while the latter was working constitutes unlawful aggression. Moreover, the act of Joey in putting down the case of beer and subsequently punching Joel was only intended to repel and deter the latter from further harming him. Hence, the contention of the prosecution is not correct since Joey acted in self-defense.

Answer 456

No, Dexter is not liable for homicide, as he acted in self defense and defense of relative. Jurisprudence provides that in self-defense, the following elements must concur: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel such aggression; and (3) lack of sufficient provocation on the part of the person resorting to self-defense. In defense of a relative, the accused likewise needs to establish the first two requisites of self-defense. In lieu of the third requirement, however, the accused must prove that "in case the provocation was given by the person attacked, that the one making the defense had no part therein." In this case, even after Dexter hacked Tomas’ right hand, Tomas’ unlawful aggression did not cease when he managed to pick up the fan knife. Dexter only prevented the immediate threat and danger to his life and Dan’s life. Moreover, Dexter could have prevented Tomas from recovering his knife by stabbing him immediately, but he only stabbed Tomas after the latter managed to pick up the fan knife. Thus, Dexter is not liable for Homicide.

Answer 457

No, the defense of insanity could not prosper. The Supreme Court held that to successfully invoke insanity as a defense, the accused must prove the following: first, that the insanity constitutes a complete deprivation of intelligence, reason, or discernment; and second, the insanity existed at the time of, or immediately preceding, the commission of the crime. In this case, there was no showing of any symptoms of psychosis immediately before or simultaneous with the carnapping incident committed by Ganji. Also, even if Ganji was said to suffer from psychosis, such impairment was not considered a complete deprivation of intelligence or consciousness of his acts when he committed carnapping. Hence, Ganji’s defense of insanity should not prosper.

Answer 458

Abraham, Allan, Ali and Adi are all criminally liable as principals. The Supreme Court has held that that there is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Proof of the actual agreement to commit the crime need not be direct because conspiracy may be implied or inferred from their acts. Further, to be a conspirator, one need not have to participate in every detail of the execution; neither did he have to know the exact part performed by his co-conspirator in the execution of the criminal acts. In this case, the implied conspiracy between Abraham and his three companions is evident from the mode and manner in which they perpetrated the crime. Hence, they are considered co-principals.

Answer 459

No, the argument of Alvin is not valid, and he should be held liable. Jurisprudence provides that it is incumbent upon the accused to prove the essential requisites of accident as an exempting circumstance, namely: (1) a person is performing a lawful act; (2) with due care; (3) he/she causes an injury to another by mere accident; and (4) without fault or intention of causing it. In this case, the requisites of accident are lacking. Alvin’s act of boxing Apollo on the chest is unlawful. Moreover, his supposed unconscious punching of the victim amounts to a negligent act. Hence, he is criminally liable for the death of Apollo.

Answer 460

No, he did not commit any crime. Under the law, the crime of estafa may be committed through abuse of confidence, deceit, or fraudulent means. In this case, Juancho did not employ any deceit when he asked money from Jose’s wife so that his release may be made through the posting of bail. Even if assuming that Juancho took more than what is needed to secure a surety bond for Jose, since he did not commit any misrepresentation that he would be posting cash bail on his behalf, the fraud employed in this case is in the performance of the obligation and not in the inception of the transaction. The fraud involved is only civil, not criminal, in nature.

Answer 461

First, Jimmy, Sam, and Steve should be held criminally liable for Robbery in an Inhabited House under Article 299 of the Revised Penal Code, when they entered Don Pedro’s house and took away pieces of his jewelry. Robbery in an Inhabited House is committed by any person who shall enter an inhabited house by an opening which is not intended for entrance and taking property from inside the said house. In this case, the three accused entered the house of Don Pedro through the window and took his pieces of jewelry away without his consent or knowledge. Insofar as the serious injuries inflicted on Don Pedro by the three accused, they should be liable for Frustrated Parricide, since the infliction of the injuries was done with intent to kill by Jimmy, Sam, and Steve, who are Don Pedro’s grandsons. The crime is Frustrated Parricide, as the victim is a legitimate ascendant of the malefactors.

Answer 462

The overt acts of Ricardo should be separately evaluated on the attendant facts of his interactions with Diego and Val. Ricardo should be charged for the crime of Grave Coercion under Article 286 of the Revised Penal Code insofar as Diego is concerned. Grave Coercion is committed by any person who, without authority of law, shall, by means of violence, threat, or intimidation, prevent another person from doing something not prohibited by law or compel him to do something against his will, whether it be right or wrong. In this case, Ricardo prevented Diego from attending the union meeting by grabbing his neck and telling him what would happen to him if he would do so. Meanwhile, Ricardo did not commit any crime insofar as Val is concerned. The fact that he told Val that he would be dismissed from work should he continue to attend the meetings cannot qualify as a threat, since Ricardo is a mere janitor who has no authority to fire him from work should he continue to support the union further. As such, Ricardo’s statement may be interpreted as a mere warning of what may happen to Val should he continue with his union activities.

Answer 463

Jona should be charged with Illegal Exaction and Estafa. She committed Illegal Exaction under Article 213 of the Revised Penal Code when she deliberately failed to issue official receipts for the money that she collected as cashier in the Office of the Municipal Treasurer. On the other hand, the amount she collected did not become part of public funds, since she did not account for them due to her failure to issue receipts, and given the fact that she did not turn them over officially but kept them in her drawer. As such, the money remained private funds. Accordingly, her taking them away, after they have been entrusted to her by the payees, should be considered Estafa instead of Malversation of Public Funds.

Answer 464

Carding and his tanods should be charged with Unlawful Arrest under Article 269 of the Revised Penal Code. An offender's act of arresting or detaining another to deliver him or her to the proper authorities, when the arrest or detention is not authorized, or that there is no reasonable ground to arrest or detain the other, constitutes the crime of Unlawful Arrest. In this case, there exists no legal reason or justifiable ground in Paulo’s arrest by Carding and his tanods. Since the purpose of the arrest was to deliver him to the proper authorities, as in fact, Carding brought him to the police station, the crime committed in this case is Unlawful Arrest.

Answer 465

Sasuke is liable for Qualified Theft under the Revised Penal Code. Under the Revised Penal Code, the crime of Qualified Theft is committed when the property stolen is a motor vehicle. While this provision has been amended by the Anti-Carnapping Law, the said special penal law does not apply when what is involved is a tractor used exclusively for agricultural purposes. Here, Sasuke unlawfully took the tractor, a motor vehicle, without the knowledge and consent of its owner, Naruto, and with intent to gain, but without violence against or intimidation of persons, or force upon things.

Answer 466

If I were the judge, I would rule in favor of Steve Rogers. The Supreme Court has held that the failure to conduct public bidding in the purchase of goods does not automatically equate to evident bad faith and manifest partiality. The guilt of an accused charged with violation of Republic Act (RA) No. 3019 must be determined through the lens of the anti-graft and corruption law and not the procurement law. Here, the failure of Steve Rogers to conduct public bidding in accordance with the relevant procurement laws does not make him automatically liable for a violation of Section 3(e) of RA No. 3019. The direct purchase of Toyota Hilux was based on the honest belief of Steve Rogers that the same was warranted under the urgent circumstances.

Answer 467

As defense counsel of Salim, I would invoke that there is a violation of the chain of custody rule. Under the Chain of Custody Rule, there must be witnesses during the arrest or immediately thereafter, which include an elected public official and a representative from the National Prosecution Service (NPS) or media. It also requires that the inventory of the seized drugs must be immediately conducted after the arrest, in the presence of the witnesses. According to the Supreme Court, strict adherence is required in order to preserve the integrity and evidentiary value of the seized drugs. Here, when Salim was arrested at Starmall, Alabang, there was no elected public official or a representative from NPS or media. Further, the drugs were inventoried in Quezon City, which happened after an appreciable lapse of time from the arrest. As such, the integrity and evidentiary value of the shabu in this case are seriously in doubt.

Answer 468

Loki is liable for Trafficking in Persons. The elements of Trafficking in Persons under Republic Act No. 9208 are: (i) The act of transporting, with or without the victim's consent, within or across national borders; (ii) The means used which include threat, force, coercion, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another; and (iii) The purpose of trafficking is exploitation which includes the prostitution of others or other forms of sexual exploitation. In this case, all the elements of Trafficking in Persons are present. Loki transported six (6) minor children, who because of their age can be considered as coerced or threatened. Finally, the purpose of the trafficking is to sexually exploit these six (6) minor children.

Answer 469

No, the case filed against Arlene for Fencing will not prosper. Under the Anti-Fencing Law, one of the elements of Fencing is that a crime of robbery or theft has been committed. Here, there was no showing that robbery or theft was committed insofar as brand-new Louie Feraud blazers were concerned.

Answer 470

No, Adam is not correct, since the Philippine penal laws equally apply to him. Under the Generality Principle of Criminal Law, all penal laws shall be obligatory upon all who live or sojourn in the Philippine territory. Here, since Adam, a Swiss national, was sojourning in Boracay, a part of the Philippine territory, when he committed physical injuries, then Philippine penal laws equally apply to him without exemption. Thus, Adam’s argument is not correct because he is not exempted from any crime in the Philippines. (Reference: Generality Principle under Article 14 of the Civil Code)

Answer 471

No, Simon is not correct. Jurisprudence provides that as an exception to the Territoriality Principle, when the psychological violence caused by marital infidelity punished under Republic Act (RA) No. 9262 is committed abroad, the same may be prosecuted in the Philippines when the victim suffers from mental anguish while within the Philippine territory. Here, since the mental anguish suffered by Olive from Simon’s marital infidelity occurred in the Philippines, while inflicted in Dubai, UAE, then Simon may be prosecuted for psychological violence punished under RA No. 9262. Therefore, Simon is not correct and he may be prosecuted for violation of RA No. 9262.

Answer 472

Senator Dela Cruz is correct. Jurisprudence dictates that not all crimes punished by special penal laws are considered mala prohibita, which dispenses the requirement of proving criminal intent. When acts are inherently immoral or wrong, such as plunder, they are mala in se and criminal intent must be proven. Since Senator Dela Cruz was charged for plunder under Republic Act No. 7080 and an inherently immoral act, then it is considered a malum in se where criminal intent must be proven.

Answer 473

If I were the judge, I would grant the motion. The Revised Penal Code provides that penal laws may be given retroactive effect insofar as they favor a person guilty of a felony who is not a habitual delinquent. Here, since Kiara is a first time offender and the amendatory law is favorable to her as it reduces the maximum imprisonment for unjust vexation from 30 to 15 days, then Republic Act No. 54321 may be given a retroactive effect warranting Kiara’s release. Reference: Article 22 of the Revised Penal Code