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Criminal Law 2 > Elements > Flashcards

Elements Flashcards

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1
Q

Treason

A

1) Offender is a Filipino citizen or an Alien residing in the Philippines (allegiance)
2) There is a war in which the Philippines is involved

3) Offender either:
a) levies war against the Government, or
- —- there be an actual assembling of men
- —- for purposes of executing treasonable design by force

 b) adheres to the enemy, giving them aid or comfort (within PH or elsewhere; for resident aliens, must be in PH) - ---- adherence (intent to betray) - ---- giving aid or comfort (need not actually strengthen; not degree of success, but the aim)
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2
Q

Conspiracy to commit treason

A

1) in time of war
2) 2 or more persons come to an agreement:
- - to levy war against govt
- - to adhere to enemy by aid or comfort
3) decide to commit to it

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3
Q

Proposal to commit treason

A

1) in time of war
2) person who has decided to levy war or adhere
3) proposes its execution to some other person or persons

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4
Q

Misprision of Treason

A

1) Offender must be owing allegiance to the Government and NOT a foreigner
2) Has knowledge of any CONSPIRACY to commit treason against the government
3) He CONCEALS or DOES NOT DISCLOSE and make known the same as soon as possible to the Governor or Fiscal of the Province, or the Mayor or Fiscal of the City in which he resides

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5
Q

1st Form of Espionage*

*in time of war and peace

A

Entering without authority

1) Offender (any person) enters a:
- warship
- fort
- naval or military establishment/reservation

2) No authority to enter
3) Purpose is to obtain information or data of CONFIDENTIAL nature relative to DEFENSE of Philippines

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6
Q

2nd Form of Espionage*

*in time of war and peace

A

Disclosing information to foreign representative due to his public office

1) Offender is a public officer
2) Has in his POSSESSION the information referred in #1 BY REASON OF PUBLIC OFFICE HE HOLDS
3) Discloses contents to REPRESENTATIVE of a FOREIGN nation

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7
Q

Inciting to war or giving motives for reprisals

*in time of peace

A

1) Offender performs UNLAWFUL or UNAUTHORIZED ACTS

2) Such acts PROVOKE or GIVE occasion for war involving the Philippines or EXPOSE Filipino citizens to reprisals on their persons or property
* intention of offender is immaterial

*addition: committed in time of peace

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8
Q

Violation of neutrality

A

1) There is a war in which PH is not involved
2) REGULATION issued by competent authority for purpose of enforcing neutrality
3) offender VIOLATES such regulation

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9
Q

Correspondence with hostile country

A

1) It is in time of war in which Philippines is involved
2) Offender makes correspondence with an ENEMY COUNTRY or territory OCCUPIED BY ENEMY TROOPS

3) Correspondence is either
- - prohibited by government
- - carried on in ciphers or conventional signs
- - containing notice or information which might be useful to the enemy

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10
Q

Flight to enemy’s country

A

1) there is a war in which the PH is involved
2) offender must be owing allegiance (permanent or temporary) to govt
3) offender ATTEMPTS to flee or go to enemy country
4) going to enemy country is PROHIBITED by competent authority
* applicable to alien resident

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11
Q

Piracy in general and mutiny on high seas or PH waters

A

Piracy
1) Vessel is on the high seas or PH waters

2) offenders are not members of its complement or passengers of the vessel**

3) offenders
- - attack or seize the vessel
- - seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

**PD 532 closes the gap as it punishes any person

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12
Q

Qualified Piracy

A

1) Committing any of the crimes of piracy and mutiny on high seas (seizing or attacking vessel, and seize whole or part of cargo) under these circumstances:
2) Seized the vessel by boarding or firing upon it (pirates only dapat, not mutineers as they are already in vessel)
3) Pirates* have abandoned their victims without means of saving themselves
4) Crime is accompanied by murder, homicide, physical injuries or rape

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13
Q

Arbitrary detention

A

1) offender is a PUBLIC OFFICER or EMPLOYEE (with authority to detain or order detention)
2) he DETAINS a person
3) detention is WITHOUT LEGAL GROUNDS

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14
Q

Delay in delivery of detained persons to proper judicial authorities

A

1) offender is a PUBLIC OFFICER or employee
2) he has DETAINED a person for some LEGAL GROUND

3) he FAILS TO DELIVER such person to the PROPER judicial authorities within:
- - 12 hours = for crimes punishable by LIGHT PENALTIES
- - 18 hours = for crimes punishable by CORRECTIONAL
- - 36 hours = for crimes punishable by AFFLICTIVE OR CAPITAL PENALTIES
* * 3 days = for suspected conspiracy or terrorism

  • delay starts from the expiration
  • does NOT apply if arrest is WITH WARRANT
  • delivery = not physical delivery, but making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge
  • proper authorities = judges who are allowed to issue warrant; fiscal NOT included
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15
Q

Delay in release

A

1) offender is a PUBLIC OFFICER or employee
2) there is a JUDICIAL or EXECUTIVE ORDER for the release of a prisoner or detention prisoner; or that there is a PROCEEDING upon a petition for liberation of such person

3) offender WITHOUT GOOD REASON DELAYS:
- - the SERVICE OF NOTICE of such order
- - the PERFORMANCE of such judicial or executive order
- - the PROCEEDINGS upon a petition for release

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16
Q

Expulsion

A

1) offender is a PUBLIC OFFICER or employee
2) he EXPELS any person from the Philippines or COMPELS a person to CHANGE his residence
3) offender is NOT AUTHORIZED to do so by law

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17
Q

Violation of Domicile

A

1) offender is a PUBLIC OFFICER or employee

2) he is NOT AUTHORIZED BY JUDICIAL ORDER (search warrant) to enter the dwelling and/or to make search for papers

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18
Q

Search warrants maliciously obtained

A

1) offender is a PUBLIC OFFICER or employee
2) PROCURES a search warrant
3) there is NO JUST CAUSE

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19
Q

Abuse in service of warrants legally obtained

A

1) offender is a PUBLIC OFFICER or employee
2) he has LEGALLY PROCURED a search warrant
3) he EXCEEDS HIS AUTHORITY or USES UNNECESSARY SEVERITY in executing the same

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20
Q

Searching DOMICILE (not vehicle) without witnesses

A

1) offender is a PUBLIC OFFICER or employee
2) he is armed with SEARCH WARRANT LEGALLY PROCURED (in cases where a search is proper)
3) searches DOMICILE, papers or other belongings of ANY PERSON
4) OWNER or ANY MEMBER OF HIS FAMILY or 2 witnesses residing in SAME LOCALITY are not present

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21
Q

Prohibition, interruption and dissolution of peaceful meetings*

*different from a crime against (meetings) of legislative bodies

A

1) offender is a PUBLIC OFFICER or employee (a stranger, not a participant of the peaceful meeting)
2) performs any of the ff acts:

  • -by prohibiting or interrupting WITHOUT LEGAL GROUND, the HOLDING of a PEACEFUL meeting; or by DISSOLVING
  • —requisites: (1) meeting must be peaceful, (2) no legal ground

–hindering any person from JOINING any lawful association or ATTENDING any of its meetings

–prohibiting or hindering any person from ADDRESSING (either alone or together with others) any petition to authorities for correction of abuses or redress of grievances

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22
Q

Interruption of religious worship

A

1) offender is a PUBLIC OFFICER or employee
2) RELIGIOUS CEREMONIES or MANIFESTATIONS OF ANY RELIGION are about to take place or are going on
3) offender PREVENTS or DISTURBS the same

**qualified if with violence or threat

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23
Q

Offending religious feelings

A

1) acts complained were performed:
- - in a place DEVOTED to religious worship OR
- - DURING the celebration of any religious ceremony

2) acts must be NOTORIOUSLY OFFENSIVE to the FEELINGS of the faithful (not just irritating)

++ there must be deliberate intent to hurt the feelings of the faithful

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24
Q

Rebellion or insurrection

A

1) that there be (a) PUBLIC UPRISING and (b) TAKING ARMS AGAINST THE GOVT* [normative element]
* actual clash not necessary

2) that the purpose* of the uprising or movement is either [subjective element]
- - to REMOVE FROM THE ALLEGIANCE to said govt or its laws
- —-1) the TERRITORY of the PH or any part
- —-2) any body of LAND, NAVAL, or other ARMED FORCES

– to DEPRIVE the CHIEF EXECUTIVE or CONGRESS, wholly or partially, of any of their powers or prerogatives

  • not necessary that purpose is accomplished
  • allegiance to govt is not needed
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25
Q

Coup d’etat

A

1) offender is a person belonging to the MILITARY/POLICE or holding any PUBLIC OFFICE* or employment
* *public officer must take ACTIVE PART, mere silence is not punishable

2) committed by means of SWIFT ATTACK accompanied by VIOLENCE, INTIMIDATION, THREAT, STRATEGY or STEALTH

3) attack is directed against:
- -duly constituted authorities of PH, OR
- -military camp/installation, communication networks, public utilities or other facilities needed for exercise and continued possession of power

4) purpose of attack is to SEIZE or DIMINISH STATE POWER

  • can be committed with help of private individuals if aids, abets, finances, support
  • with or without civilian participation
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26
Q

Conspiracy to commit Rebellion or Insurrection

A

1) 2 or more persons come to an agreement
2) to RISE PUBLICLY + TAKE ARMS against the govt
3) for any purposes of rebellion (allegiance/deprive power)
4) decide to commit to it

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27
Q

Proposal to commit Rebellion or Insurrection

A

1) person who has decided
2) to RISE PUBLICLY + TAKE ARMS against the govt
3) for any purposes of rebellion (allegiance/deprive power)
4) proposes its execution to some other person or persons

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28
Q

Disloyalty of public officers or employees

A

1) offender is a PUBLIC OFFICER or employee
2) there exists a REBELLION by other persons

3) he commits any of the ff:
- -FAILED TO RESIST rebellion by ALL MEANS of his power (but not necessarily at risk of their lives)

–CONTINUE TO DISCHARGE duties of their offices UNDER CONTROL of rebels, or

–ACCEPTS APPOINTMENT to office under them

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29
Q

Inciting to rebellion or insurrection

A

1) offender DOES NOT TAKE ARMS or is NOT IN OPEN HOSTILITY against the govt (i.e. must not be a rebel or part of the rebellion)
2) he INCITES others to the execution of any of the acts of rebellion (take arms, public uprising)
3) inciting is done (PUBLICLY) by MEANS of speeches, proclamations, writings, emblems, banners or other representations tending to same end

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30
Q

Sedition

A

1) offenders rise PUBLICLY and TUMULTUOUSLY (more than 3 persons who are armed/provided with means of violence)
2) that they employ FORCE, INTIMIDATION and other means outside of LEGAL METHODS

3) employ any of those means to attain any of the ff objects:
- - 1) to prevent the PROMULGATION or EXECUTION of any law or the HOLDING of any popular election
- - 2) to prevent the National Government or any provincial or municipal govt or any PUBLIC OFFICER from FREELY EXERCISING his functions or PREVENT the EXECUTION of any ADMINISTRATIVE ORDER
- - 3) to INFLICT any act of HATE or REVENGE upon the person or property of any PUBLIC OFFICER or employee
- - 4) to COMMIT, for any POLITICAL or SOCIAL END, any act of HATE or REVENGE against PRIVATE PERSONS or any SOCIAL CLASS
- - 5) to DESPOIL, for any POLITICAL or SOCIAL END, any PERSON, municipality, province or national government of all its PROPERTY or any PART thereof

*offenders need not be private individuals

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31
Q

Conspiracy to commit sedition

A

1) agreement and decision to attain OBJECT of sedition AND

2) agreement to RISE PUBLICLY and TUMULTUOUSLY

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32
Q

Inciting to sedition

A

1) offender DOES NOT TAKE DIRECT PART in crime of sedition
2) he incites others to the ACCOMPLISHMENT of any of the ACTS which CONSTITUTE SEDITION (prevent promulgation of law/election, prevent exercise of function/admin order, inflict act of hate against public officer, inflict act of hate (political or social) against private individuals or social class, despoil property)
3) inciting is done by MEANS OF SPEECHES, proclamations, writings, emblems, cartoons, banners or other representations tending to same end (SPWECBO)

  • Different acts of inciting to sedition
    1) INCITING others to accomplishment of any acts which constitute sedition by means of speeches… (only one required that purpose is to accomplish any of objects of sedition)

2) UTTERING seditious words or speeches which TEND to DISTURB public peace**

3) WRITING, publishing or circulating SCURRILOUS LIBELS (low, vulgar, mean, foul) against govt or any duly constituted authorities which tend to disturb the PUBLIC PEACE**
- —-tend to disturb any officer in executing functions of his office**
- —tend to instigate others to cabal and meet together for unlawful purposes or,**
- —which suggest or incite rebellious conspiracies or riots or**
- —which lead or tend to stir up people against lawful authorities or**
- —disturb peace of community and safety and order of govt or**

+++who shall knowingly conceal such evil practices**

**not necessary that purpose of offender is to accomplish any of the 5 objects of sedition

**in inciting to sedition, not necessary that people are incited. law is not aimed merely at punishing actual disturbances, but also those which MAY endanger public order (CLEAR AND PRESENT DANGER RULE)

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33
Q

Acts tending to prevent meeting of Assembly and similar bodies

A

1) that THERE BE A PROJECTED OR ACTUAL MEETING of National Assembly or any of its committees, subcommittees, concom or divisions, any provincial board or city or municipal council or board
2) offender who may be any person PREVENTS such meeting by FORCE or FRAUD

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34
Q

Disturbance of proceedings

A

1) that there be a MEETING of the National Assembly, C, SC, CC, C, D, or of any PB, C or MC or B

2) offender does any of the ff acts:
- – he DISTURBS any of such meetings
- – he BEHAVES while in the presence of such bodies in a manner as to INTERRUPT its proceedings or IMPAIR the respect due to it

Note: if chief of police is included, it is not a meeting of municipal council

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35
Q

Violation of parliamentary immunity*

*only Congress!! No municipal or provincial boards

A

2 acts punishable:
A) Using force or intimidation to prevent from attending
1) offender (any person) uses FORCE, INTIMIDATION, THREATS or FRAUD
2) purpose of offender is to prevent* any member of the National Assembly from
—-ATTENDING the meetings of assembly or its committees
—-EXPRESSING his opinions
—-CASTING his vote
*not necessary that actually prevented

B) Arresting

1) offender is a PUBLIC OFFICER or employee
2) he ARRESTS or SEARCHES any member of Congress
3) the assembly, AT THE TIME of search or arrest, is in REGULAR or SPECIAL session
4) member arrested or searched has NOT COMMITTED a crime punishable under the code by a penalty HIGHER than PRISION MAYOR (understood as prision mayor or higher)

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36
Q

Illegal Assemblies

A

A) Any meeting attended by ARMED persons for the purpose of committing crimes punishable under the code

Requisites:

1) that there is a MEETING, a gathering or group of persons, whether in a fixed place or moving
2) that the meeting is attended by ARMED persons (not all need to be armed–good number maybe 4)
3) purpose of meeting is to commit any of the crimes punishable under the code

B) Any meeting in which the audience, whether ARMED OR NOT, is INCITED to the commission of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents

Requisites:

1) there is a MEETING, a gathering or group of persons, whether in a fixed place or moving
2) that the AUDIENCE, whether ARMED OR NOT, is INCITED* to the commission of treason, rebellion or insurrection, sedition, or direct assault

  • need to ACTUALLY BE INCITED
  • persons merely present must have COMMON INTENT to commit illegal assembly
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37
Q

Illegal Associations

A

1) Associations TOTALLY or PARTIALLY organized for the purpose of COMMITTING ANY CRIMES punishable under the code
2) associations TOTALLY or PARTIALLY organized for some purpose CONTRARY TO PUBLIC MORALS

Persons liable:

1) Founders, directors and president of association
2) Mere members of association

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38
Q

Direct Assault (First Form)

A

1) offender employs FORCE or INTIMIDATION
2) that the AIM of offender is to ATTAIN any of the purposes of the crime of REBELLION or any of the objects of SEDITION
3) there is NO PUBLIC UPRISING

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39
Q

Direct Assault (Second Form)

A

1) offender
a) makes an ATTACK
b) employs FORCE (has to be serious force if agent in authority; but against person in authority, no need serious)
c) makes a SERIOUS INTIMIDATION or
d) makes a SERIOUS RESISTANCE

2) that the person assaulted is a PERSON IN AUTHORITY or his AGENT

3) at the time of the assault, the person in authority or his agent
a) is ENGAGED IN THE ACTUAL PERFORMANCE of official duties
b) that he is assaulted BY REASON OF PAST PERFORMANCE of official duties

4) offender KNOWS that the one he is assaulting is a person in authority or his agent in the exercise of his duties
5) there is NO PUBLIC UPRISING

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40
Q

Indirect assault

A

1) a person in authority or his agent is the VICTIM of any of the forms of direct assault in Art 148
2) a person comes to the AID OF SUCH AUTHORITY OR AGENT
3) offender makes use of FORCE or INTIMIDATION upon such person coming to aid of authority or agent

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41
Q

Disobedience to summons issued by the National Assembly, C/SC, ConCom C/SC/D

A

1) any person has been duly summoned to attend as a witness before the National assembly, or any member authorized to summon witnesses

2) commits any of these acts:
1) REFUSING, without legal excuse, TO OBEY SUMMONS of national assembly, etc, authorized to summon witnesses
2) REFUSING TO BE SWORN or placed under affirmation while being before such legislative body
3) REFUSING TO ANSWER any legal inquiry or to produce any books or records in his possession, when REQUIRED by them to do so in the EXERCISE OF THEIR FUNCTIONS
4) RESTRAINING another from ATTENDING AS A WITNESS in such body
5) INDUCING DISOBEDIENCE to a summons or refusal to be sworn

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42
Q

Resistance and disobedience to a person in authority or agents (Serious Disobedience)

A

1) a PERSON IN AUTHORITY or his AGENT is engaged in the PERFORMANCE of official duty or GIVES A LAWFUL ORDER to offender
2) offender RESISTS or SERIOUSLY DISOBEYS such person in authority*
3) act of offender is not included in Direct Assault, Indirect Assault, or Disobedience to summons
* accused must have knowledge that person arresting him is a peace officer

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43
Q

Resistance and disobedience to a person in authority or agents (SImple Disobedience)

A

1) an AGENT of a person in authority is engaged in the PERFORMANCE of official duty or gives LAWFUL* ORDER to offender
2) offender DISOBEYS such agent
3) such disobedience is NOT OF A SERIOUS NATURE
* must be lawful, otherwise justified resistance

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44
Q

Tumults and other disturbances of public order

A

SIOPB

1) causing any SERIOUS DISTURBANCE* in a public place, office or establishment (must be PLANNED / INTENDED)
2) INTERRUPTING or DISTURBING performances, functions or gatherings or PEACEFUL MEETINGS if not included in 131 and 132 (interruption of religious worship and peaceful meetings – punished in this article, not 131/132 if NOT committed by public officers or committed by public officers who are participants)
3) making any OUTCRY tending to incite rebellion or sedition in any meeting, association or public place (MUST BE unconscious outburst/not intentionally; if not, inciting to rebellion/sedition)
4) displaying PLACARDS or emblems which provoke a disturbance of public order in such place (MUST BE unconscious outburst/not intentionally; if not, inciting to rebellion/sedition)
5) BURYING with POMP the body of a person who has been legally executed

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45
Q

Unlawful use of means of publication and unlawful utterances

A

Acts punished: PEMpPr

1) by PUBLISHING or causing to be published, by means of printing, lithography or any other means of publication, as news any FALSE NEWS which MAY ENDANGER PUBLIC ORDER or cause DAMAGE TO STATE INTEREST (no need actual damage; must know news is false)
2) ENCOURAGING DISOBEDIENCE to the law or authorities or by PRAISING/JUSTIFYING/EXTOLLING any act punished by law, by the same means or by WORDS, utterances or speeches
3) by MALICIOUSLY PUBLISHING or cause to be published any OFFICIAL RESOLUTION or document WITHOUT PROPER AUTHORITY, or BEFORE they have been published officially
4) by PRINTING, publishing, or distributing or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which DO NOT BEAR REAL PRINTER’S NAME, or which are classified as ANONYMOUS

46
Q

Alarms and Scandals

A

1) DISCHARGING any firearm (not aimed at a person), rocket, firecracker, (not applicable during fiestas/festive occasions) or other explosives WITHIN any town or public place, CALCULATED TO CAUSE (which PRODUCES) alarm or danger;
2) INSTIGATING or take an active part in any CHARIVARI or other disorderly meeting OFFENSIVE to another or PREJUDICIAL to public tranquility;
3) DISTURBING public peace while WANDERING about at NIGHT or while engaged in any other NOCTURNAL amusements
4) cause any disturbance (not serious) or scandal in public places, while INTOXICATED or otherwise, provided Article 153 is not applicable (serious disturbance)

47
Q

Delivering prisoners from jail

A

1) there is a person confined (final judgment or detention) in a jail or penal establishment
2) offender REMOVES such person, or HELPS THE ESCAPE of such person

Note: If the crime committed by prisoner confined is TREASON / MURDER / PARRICIDE, act of taking the place of prisoner in prison is that of an ACCESSORY because he assists in escape of principal

48
Q

Evasion of service of sentence

A

1) offender is a CONVICT BY FINAL JUDGMENT
* *(not applicable to detention prisoners because detained pending investigation/minor delinquents OR by deportation)

2) he is serving his sentence which consists in DEPRIVATION OF LIBERTY (includes imprisonment and destierro)
3) he evades the service of his sentence by ESCAPING during the term of his sentence

Qualified by:

  • unlawful entry (should be SCALING)
  • by breaking doors, windows, gates, walls, roofs, or floors, -by using picklocks, false keys, deceit, violence or intimidation, or
  • through connivance with other convicts or employees of the penal institution
49
Q

Evasion of service of sentence during occasion of disorders, conflagrations, earthquakes, explosion, similar catastrophe, or during a mutiny in which he has not participated

A

1) offender is a CONVICT BY FINAL JUDGMENT who is confined in a penal institution

2) there is a disorder, resulting from
- – conflagration (intense fire)
- – earthquake
- – explosion
- – similar catastrophe
- – mutiny in which he has not participated**

3) offender EVADES service of the sentence by leaving the penal institution where he is confined, on OCCASION of such disorder or DURING mutiny
4) offender FAILS TO GIVE HIMSELF UP to authorities within 48 hours FOLLOWING THE ISSUANCE OF A PROCLAMATION BY THE CHIEF EXECUTIVE announcing the passing away of such calamity

**no mutiny if prisoners disarmed the guards and escaped because the GUARDS ARE NOT THEIR SUPERIOR OFFICERS

50
Q

Other cases of evasion of service of sentence

A

1) offender was a CONVICT
2) granted a CONDITIONAL PARDON by the chief executive (extends to SPECIAL laws)
3) VIOLATED any of the conditions of such pardon (meaning found GUILTY of a subsequent offense)

51
Q

Commission of another crime during service of penalty imposed for another previous offense

A

1) offender was ALREADY CONVICTED BY FINAL JUDGMENT OF 1 OFFENSE (need not be a felony)
2) he committed a NEW FELONY (not applicable to special laws; not necessary embraced in same title) BEFORE beginning to serve such sentence or WHILE serving the same

**CANNOT BE OFFSET by ORDINARY mitigating

**any convict who is NOT a habitual criminal shall be pardoned at age of 70 if he shall have already served out his original sentence OR complete it after reaching said age, UNLESS by reason of his conduct or other circumstances he shall not be worthy of such clemency

52
Q

Counterfeiting the great seal, forging the signature or stamp of the Chief Executive

A

1) forging the GREAT SEAL of the PH govt
2) forging the SIGNATURE of the president
3) forging the STAMP of the president

53
Q

Using forged signature or counterfeit seal or stamp

A

1) that the Great Seal was COUNTERFEITED or the signature or stamp of the CE was FORGED BY ANOTEHR PERSON
2) offender KNEW of the counterfeiting or forgery
3) that he USED the counterfeit seal or forged signature or stamp
* act is that of an accessory, but ONE degree lower penalty (instead of 2 degrees for usual accessories)

54
Q

Making and Importing and Uttering False Coins

A

1) that there be FALSE or COUNTERFEITED coins
2) that offender either MADE, IMPORTED, OR UTTERED such coins
3) that in case of UTTERING such false or counterfeited coins, he CONNIVED with the counterfeiters or importers

55
Q

Mutilation of coins – importation and uttering

**only article that requires PH legal tender, foreign - no

A

1) MUTILATING coins of LEGAL currency, with INTENT TO DAMAGE or DEFRAUD another
2) IMPORTING or UTTERING such mutilated CURRENT coins with CONNIVANCE with mutilator or importer in case of uttering

**only article that requires PH legal tender, foreign - no

56
Q

Selling of false or mutilated coin, without connivance

A

Acts punished:
1) POSSESSION of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated

2) ACTUALLY UTTERING such false or mutilated coin, knowing same to be false of mutilated

Elements of 1st form (possession):

1) POSSESSION (includes constructive possession)
2) with INTENT to utter
3) KNOWLEDGE of falsity/mutilation

Elements of 2nd form (actually uttering):

1) ACTUALLY UTTERING
2) KNOWLEDGE of falsity/mutilation

57
Q

Forging treasury or bank notes or other documents payable to BEARER; importing, and uttering such false or forged notes and documents

A

Acts punished:
1) FORGING or FALSIFICATION of (a) TREASURY or BANK NOTES, (b) certificates, or (c) other documents payable to BEARER

2) IMPORTATION of such false of forged obligations or notes*
3) UTTERING of such false of forged obligations or notes IN CONNIVANCE with forgers or importers

  • obligation or security:
    1) bonds
    2) certificate of indebtedness
    3) national bank notes – money bills issued by BSP
    4) coupons
    5) PH notes
    6) treasury notes
    7) fractional notes
    8) certificates of deposit
    9) bills
    10) checks
    11) drafts for money
    12) other representatives of value of whatever denomination which may/have been issued under any act of Congress

**PNB checks are COMMERCIAL documents, not covered by forging treasury or bank notes

58
Q

Counterfeiting, importing and uttering instruments NOT payable to bearer

A

1) there be an instrument PAYABLE TO ORDER or other document of credit NOT PAYABLE TO BEARER (includes foreign government/bank)
2) offender either FORGED, IMPORTED, or UTTERED such instrument
3) that in case of uttering, he CONNIVED with the forger or importer

59
Q

Illegal Possession and use of false treasury or bank notes and other instruments of credit

A

1) any treasury or bank note or certificate or other O&S PAYABLE TO BEARER or any instrument PAYABLE TO ORDER or other document of credit NOT PAYABLE TO BEARER is forged or falsified by ANOTHER PERSON
2) that offender KNOWS that any of those instruments is forged or falsified

3) that he performs ANY of these acts:
- – USING any of such forged or falsified instruments
- – POSSESSING with INTENT TO USE any of such forged or falsified instruments

60
Q

Falsification of legislative documents

A

1) there be a BILL, resolution or ordinance (must be genuine; cannot be fabricated) ENACTED or APPROVED or PENDING APPROVAL by either Congress or any provincial/municipal council (including city council and municipal board)
2) offender ALTERS the same
3) he has NO PROPER AUTHORITY
4) the ALTERATION has CHANGED THE MEANING of the document

61
Q

Falsification by public officer, employee or notary or ecclesiastical minister

A

1) offender is a PUBLIC OFFICER, employee or NOTARY PUBLIC

2) he TAKES ADVANTAGE of his official position
- – duty to make or prepare or intervene in preparation
- – has official custody of document he falsifies

3) he FALSIFIES a DOCUMENT** by committing any of the ff: CCA MAM II
- – a) COUNTERFEITING or imitating (feigning=does not in fact exist) any handwriting, signature or rubric

— b) CAUSING it to appear that persons have participated when in fact they did not participate

— c) ATTRIBUTING to persons who have participated statements other than those in fact made by them

— d) MAKING UNTRUTHFUL STATEMENTS in a narration of facts

— e) ALTERING true dates (dates must be ESSENTIAL)

— f) MAKING any alteration or intercalation in a GENUINE document which CHANGES its meaning*

— g) ISSUING in authenticated form a document purporting to be a copy of original when no such original exists, / or including statement CONTRARY to or different from that of GENUINE original* (can only be committed by public officer who takes advantage of position)

— h) INTERCALATING any instrument or note relative to issuance in a protocol, registry or official book*

In case of an ECCLESIASTICAL MINISTER, falsification must affect the CIVIL STATUS of persons

  • there must be GENUINE document in FGH, the rest can be simulated or fabricated
  • *written statement where a RIGHT is established or an OBLIGATION extinguished
62
Q

Requisites of counterfeiting

A

1) there be an INTENT TO IMITATE, or ATTEMPT to imitate
2) 2 signatures or handwritings BEAR SOME RESEMBLANCE*

*if no resemblance, can be said causing it to appear a person have participated when they did not

63
Q

Requisites of Causing it to appear person have participated

A

1) offender CAUSED IT TO APPEAR in a document that a person participated in an act or proceeding
2) such person DID NOT IN FACT PARTICIPATE

64
Q

Requisites of Attributing statements other than those made by them

A

1) a person PARTICIPATED
2) such person MADE STATEMENTS
3) offender, in making a document, ATTRIBUTED to such persons statements other than those they made

65
Q

Requisites of Making untruthful statements in a narration of facts

A

1) offender MAKES in a document STATEMENTS IN A NARRATION OF FACTS
2) he has a LEGAL OBLIGATION to disclose the truth of facts narrated
3) FACTS NARRATED are ABSOLUTELY FALSE (and is aware of falsity)
4) perversion of truth in a narration of facts was made with WRONGFUL INTENT OF INJURING a 3rd person**

**this element not essential if PUBLIC document

66
Q

Requisites of Making alteration or intercalation in a GENUINE document which changes its meaning

A

1) there be an ALTERATION (change) or INTERCALATION (insertion) on a document
- – alteration must affect the INTEGRITY or change the EFFECTS of the document

2) it was made on a GENUINE DOCUMENT
3) alteration CHANGED the meaning of document
4) the change made the document speak something FALSE

67
Q

Acts punished in Falsification by private individuals and use of falsified documents

A

1) falsification of PUBLIC, OFFICIAL or COMMERCIAL document by a private individual or public officer who did not take advantage of his official position
2) falsification of a PRIVATE document by any person
3) USE of falsified document / KNOWINGLY INTRODUCE IN EVIDENCE

68
Q

Falsification of PUBLIC, OFFICIAL or COMMERCIAL document by a private individual or public officer who did not take advantage of his official position

A

1) offender is a PRIVATE individual or a PUBLIC OFFICER who DID NOT TAKE ADVANTAGE of his official position
2) he committed any of the acts of falsification enumerated in Art 171 (only 1-6, except #7 issuing in authenticated form)
3) falsification was committed in a PUBLIC, OFFICIAL or COMMERCIAL document

69
Q

Falsification of a PRIVATE document by any person

A

1) offender committed any of the acts of falsification, except #7
2) falsification was committed in ANY PRIVATE document
3) falsification CAUSED DAMAGE to a 3rd party or at least falsification was committed WITH INTENT TO CAUSE SUCH DAMAGE*

  • damage need not be material, includes damage to ONE’S HONOR
  • not necessary that offender profited or hoped to profit
70
Q

USE of falsified document; introducing in a judicial proceeding

A

1) offender KNEW that document was falsified by ANOTHER PERSON
2) false document is EMBRACED in Art 171 or in any subdivisions of Art 172
3) he INTRODUCED said document IN EVIDENCE in ANY JUDICIAL PROCEEDING

71
Q

USE of falsified document; in any other transaction

A

1) offender KNEW that document was falsified by ANOTHER PERSON
2) false document is EMBRACED in Art 171 or in any subdivisions of Art 172
3) he USED such document (NOT in judicial proceedings)
4) that the USE of false document CAUSED DAMAGE to another or at least it was used with INTENT TO CASE SUCH DAMAGE

72
Q

Acts punished in Falsification of wireless, cable, telegraph and telephone messages, and Use of said falsified messages

A

1) UTTERS a fictitious wireless, telegraph or telephone message
2) FALSIFYING wireless, telegraph or telephone message
3) USING such falsified message

73
Q

UTTERS a fictitious wireless, telegraph or telephone message or FALSIFYING the same

A

1) offender is an OFFICER or employee of GOVERNMENT or officer/employee of a PRIVATE CORPORATION engaged in the SERVICE OF SENDING / RECEIVING wireless, cable or telephone message

2) offender commits any of the ff acts:
- – a) UTTERS a fictitious wireless, cable, telegraph or telephone message
- – b) FALSIFYING wireless, cable, telegraph or telephone message

74
Q

USING such falsified message

A

1) accused KNEW that wireless message was falsified by any of the persons specified (officer of govt/private corp engaged in service)
2) accused USED such falsified dispatch
3) use of falsified dispatch resulted in the PREJUDICE of a 3rd party or with INTENT TO CAUSE such prejudice

75
Q

False medical certificates, false certificate of merit or service, etc

A

1) physician or surgeon, in connection with practice of his profession, issues a false certificate
2) public officer, issue a false certificate of MERIT, SERVICE, GOOD CONDUCT or SIMILAR CIRCUMSTANCES (i.e. certificate of residence for voting purposes)
3) private individual falsifying medical or certificate of merit, etc.
* CANNOT BE USED IN A JUDICIAL PROCEEDING

76
Q

Using false certificate

A

1) physician or surgeon (medical), public officer (merit, etc), private person has FALSIFIED any of said certificates
2) offender KNEW that certificate was false
3) he USED the same

77
Q

Acts punished under Manufacturing and possession of instruments for falsification

A

1) MAKING or INTRODUCING into PH any stamps, dies, marks or other instruments (need NOT be complete set) for counterfeiting or falsification

2) POSSESSING with INTENT TO USE the instruments made or introduced into PH by ANOTHER PERSON
- - includes CONSTRUCTIVE POSSESSION

78
Q

Usurpation of authority or official functions

A

1) KNOWINGLY MISREPRESENTING oneself to be an officer, agent or representative of govt, local/national/foreign
2) PERFORMING AN ACT pertaining to a person in authority or public officer of the govt under the PRETENSE OF OFFICIAL POSITION and WITHOUT AUTHORITY
* there must be POSITIVE, EXPRESS and EXPLICIT REPRESENTATION on part of offender

Acts performed must pertain to:

1) government
2) any person in authority
3) any public officer

79
Q

Using fictitious name and concealing true name

A

FICTITIOUS NAME

1) offender uses a NAME OTHER THAN HIS REAL NAME
2) purpose of offender is
- – to conceal a crime
- – to evade execution of a judgment
- – to cause damage to PUBLIC interest (if private = estafa)

CONCEALING TRUE NAME

1) offender conceals
- – his true name AND
- – all other personal circumstances
2) purpose is ONLY to conceal his identity

**may be complexed with delivering persons from jail but NOT evasion of service of sentence

80
Q

Illegal use of uniforms and insignia

A

1) offender MAKES USE of insignia, uniform or dress
- - exact imitation not necessary

2) insignia, uniform or dress pertains to an OFFICE NOT HELD by offender or to a CLASS OF PERSONS of which he is NOT A MEMBER
- - office must actually exist, cannot be imaginary

3) said insignia, uniform or dress is used PUBLICLY and IMPROPERLY

81
Q

False testimony against defendant

A

1) there be a CRIMINAL PROCEEDING
2) offender TESTIFIES FALSELY under oath against defendant

3) offender who gives false testimony KNOWS that it is false; good faith is a defense
- - testimony must be complete

4) defendant against whim the false testimony is given is either ACQUITTED or CONVICTED BY FINAL JUDGMENT
- - at least a correctional penalty or a fine or acquitted

82
Q

False testimony favorable to defendant

A

1) there be a CRIMINAL PROCEEDING
2) offender TESTIFIES FALSELY under oath in favor of defendant

3) offender who gives false testimony KNOWS that it is false; good faith is a defense
- - testimony must be complete

4) defendant for whom the false testimony is given is PROSECUTED for a felony punishable by AFFLICTIVE penalty or other penalty

83
Q

False testimony in ORDINARY civil cases

A

1) testimony must be given in a CIVIL case
2) testimony must RELATE TO ISSUES presented in said case
3) testimony must be FALSE
4) false testimony must be given by defendant KNOWING it to be false
5) testimony must be MALICIOUS and given with an INTENT TO AFFECT issues presented in said case

**not applicable in SPECIAL proccedings

84
Q

False testimony in other cases and perjury in solemn affirmation

A

2 ways of committing perjury: (good faith is a defense)

1) falsely testifying under oath
2) making a false affidavit

1) accused made a statement under OATH or executed an AFFIDAVIT upon a MATERIAL MATTER
- - material matter: tends to prove a fact or corroborate/strengthen testimony

2) statement or affidavit was made BEFORE A COMPETENT OFFICER authorized to receive and administer oath
3) that in that statement or affidavit, accused made a WILLFUL AND DELIBERATE ASSERTION OF FALSEHOOD
4) sworn statement or affidavit containing the falsity is REQUIRED BY LAW (but it is enough that it was AUTHORIZED by law to be made)

Subordination of perjury – procures another to swear falsely

85
Q

Offering false testimony in evidence

A

1) offender OFFERED IN EVIDENCE a false witness or testimony
2) he KNEW the witness or testimony was false
3) offer was made in a JUDICIAL or OFFICIAL PROCEEDING
* not applicable if induced; testimony must be complete

86
Q

Machinations in public auctions

A

Acts punished:

1) soliciting any gift or promise as a consideration for refraining from taking part in any public auction
2) attempting to cause bidders to stay away from an auction by threats, gifts or promises or an other artifice

ELEMENTS SOLICITING:

1) there be a PUBLIC AUCTION
2) accused SOLICITED any GIFT or PROMISE from any of bidders
3) such gift or promise was the CONSIDERATION for his REFRAINING from taking part in that public auction
4) accused had the INTENT TO CAUSE the REDUCTION OF PRICE of thing auctioned

ELEMENTS ATTEMPTING TO CAUSE:

1) there be a PUBLIC AUCTION
2) accused ATTEMPTED TO CAUSE the buyers to STAY AWAY from that public auction
3) it was done by THREATS, GIFTS, PROMISES or any OTHER ARTIFICE
4) accused had the INTENT TO CAUSE the REDUCTION OF PRICE of thing auctioned

87
Q

Monopolies and combinations in trade

A

Acts punished:
1) Combination or conspiracy to prevent free competition

2) Monopoly to restrain free competition in the market
- - in order to ALTER PRICES
- - by SPREADING FALSE RUMORS or
- - making use of any other ARTIFICE

3) a) Making transactions prejudicial to lawful commerce or b) to increase market price of merchandise
- - persons liable:
- — a) manufacturer
- — b) producer
- — c) processor
- — d) importer of any merchandise or object of commerce

    • crime is committed by:
  • — a) combining
  • — b) conspiring
  • — c) agreeing with any person

if it affects any FOOD SUBSTANCE, motor fuel or lubricants, or other articles of prime necessity = sufficient that INITIAL STEPS are taken

If committed by corporation / association, president and directors / managers are liable if:

(1) knowingly permitted
(2) failed to prevent commission of such offenses

88
Q

Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys

A

Articles involves are those made of:

1) gold
2) silver
3) other precious metals, or
4) their alloys

ELEMENTS

1) offender IMPORTS, SELLS, or DISPOSES any of those articles or merchandise
2) STAMPS, BRANDS, MARKS of those articles FAIL TO INDICATE the ACTUAL FINENESS or quality
3) offender KNOWS that it fail to indicate actual fineness or quality

GOLD: less by >1/2 karat
SILVER: less by > 4/1000
Watch cases and flatware made of gold: NOT be less by > 3/1000

89
Q

8 Acts punished / Persons liable in Gambling Laws

A

A

90
Q

Knowingly permitting any form of Gambling

  • -inhabited/uninhabited place
  • -building/vessel/other means of transportation OWNED/CONTROLLED by him
A

1) that gambling was carried on in an INHABITED or UNINHABITED or BUILDING/VESSEL/OTHER MEANS OF TRANSPORTATION
2) that such BVO was OWNED/CONTROLLED by offender
3) offender PERMITTED the carrying on of such game, KNOWING that it is a gambling game

91
Q

Lottery

A

1) consideration
2) chance
3) prize

92
Q

Importation, Sale and Possession of Lottery Tickets or Advertisements

A

4 acts punished

1) importing
2) selling with connivance
3) possessing KNOWINGLY and WITH INTENT TO USE
4) selling without connivance

93
Q

Sports punished in Betting, Game fixing or Point shaving

A

Basketball
Volleyball
Softball
Baseball

Chess
Boxing
Jai alai
Pelota
Other sports and races

Betting therein

94
Q

Illegal betting on horse races

A

2 acts punished

1) by BETTING on horses during periods NOT AUTHORIZED by law
2) by MAINTAINING / EMPLOYING TOTALIZERS for betting or realizing profit during periods not authorized by law

Days when horse racing is allowed:

1) sundays not reserved
2) 24 saturdays
3) legal holidays, except
- –independence day
- –rizal day
- –registration/voting
- –holy thursday
- –good friday

95
Q

Illegal cockfighting

A

5 acts punished

1) participating – day not permitted
2) organizing – day not permitted
3) participates – place other than licensed cockpit
4) organizes – place other than licensed cockpit
5) owner / manager / lessee of cockpit who permits gambling

96
Q

Grave Scandal

A

1) performs an act / acts
2) such act is highly scandalous as offending against
- - decency
- - good customs
3) conduct is not expressly falling within any article in RPC
4) committed in a public place / within public knowledge or view

Note: people witnessing must have been scandalized

97
Q

Immoral Doctrines, Obscene Publications and Exhibitions, Indecent Shows

A

Persons liable
1) publicly expound / proclaim doctrines openly contrary to public morals

2) author of obscene published WITH their knowledge, editors, owners/operators
- — theaters (5 acts prohibited: glorify crimes; no other purpose than to satisfy violence, lust, porn; offend any race / religion; abet traffic and use of prohibited drugs; contrary to law…)

3) selling / giving away films, prints which are offensive to morals – must be to MANY people, not just single receipient
- — mere possession not punishable
- – test to determine: WON motive is pure or impure

98
Q

Vagrants and Prostitutes

A

5 people liable
1) mendicant – no apparent means of subsistence but has physical ability to work and neglects to apply himself to lawful calling

2) loitering in PUBLIC / semi-public place WITHOUT visible means of support
3) idle or dissolute person who lodges in houses of ill-fame and habitually associate with prostitutes
4) loitering in any inhabited / uninhabited place belonging to another without lawful / justifiable purpose
5) prostitutes - for money or profit, HABITUALLY ENGAGE in sex or lascivious conduct

NOT APPLICABLE TO MINORS

99
Q

Public officers

A

1) taking part in performance of public FUNCTIONS in the government, or performing public DUTIES as an employee, agent, or subordinate official

2) his authority to take part in the performance of public functions or public duties must be:
- – by direct provision of LAW
- – by POPULAR ELECTION
- – by APPOINTMENT of COMPETENT authority

**temporary performance of public functions = public officer

100
Q

Malfeaseance v. Misfeasance v. Nonfeasance

A

Mal – NOT TO BE DONE
Mis – improper performance of some act which might lawfully be dome
Non – omission of some act ought to be performed

101
Q

Knowingly Rendering Unjust Judgment

A

1) judge
2) renders a JUDGMENT in case submitted to him for decision
3) it is UNJUST (contrary to law OR not supported by evidence OR both)
- – there must be evidence to show that it is unjust
4) judge KNOWS that it is unjust
- - know = made deliberately and maliciously

** NOT APPLICABLE IN COLLEGIATE COURTS who reach decisions by consultations **

Sources of unjust judgment:

1) error - no liability for mere error
2) ill will
3) bribery

102
Q

Judgment Rendered through Negligence

A

1) judge
2) renders judgment
3) MANIFESTLY unjust
- - even a person with meager knowledge of law knows injustice
4) due to INEXCUSABLE NEGLIGENCE or IGNORANCE

103
Q

Unjust Interlocutory Order

A

1) judge
2) performs any of the ff:
A) KNOWINGLY renders unjust INTERLOCUTORY order or decree
B) renders a MANIFESTLY unjust interlocutory order through INEXCUSABLE NEGLIGENCE or IGNORANCE

104
Q

Malicious delay in the administration of Justice

A

1) judge
2) there is a PROCEEDING in his court
3) DELAYS the administration of justice
4) delay is MALICIOUS, with deliberate intent to inflict damage on either party in the case

105
Q

Prosecution of Offenses; Negligence and Tolerance

A

ACTS PUNISHED

1) MALICIOUSLY refraining from instituting prosecution against violators of law
2) MALICIOUSLY tolerating commission of crime

ELEMENTS
1) public officer OR officer of the law who has DUTY to CAUSE PROSECUTION or to PROSECUTE offenses

2) KNOWING the commission of the crime, DOES NOT CAUSE PROSECUTION of criminal, or KNOWING that crime is ABOUT TO BE COMMITTED, he TOLERATES its commission
* ** but fiscal is under no compulsion to file information if he is not convinced that evidence presented warrants filing of an action

3) offender acts with MALICE and DELIBERATE INTENT to favor the violator

106
Q

Betrayal of Trust by an Atty or Solicitor (procurador judicial) – Revelation of Secrete

A

Acts Punished

1) Causing DAMAGE to his client either by:
- – MALICIOUS BREACH of professional duty
- – INEXCUSABLE NEGLIGENCE or IGNORANCE

2) REVEALING SECRETS of client learned by him in his PROFESSIONAL CAPACITY
* ** damage is NOT necessary

3) Undertaking the DEFENSE OF OPPOSING PARTY in same case WITHOUT the consent of first client after taking his defense or having received confidential information

107
Q

Direct Bribery

A

ACTS PUNISHED
1) Agreeing to perform or performing, in consideration of any OFFER, PROMISE, GIFT or PRESENT, an act constituting a CRIME in connection with his official duties

2) Accepting a GIFT in consideration of executing an act which DOES NOT CONSTITUTE A CRIME, in connection with his official duty
3) Agreeing to REFRAIN or refraining from doing something which is his official duty to do, in consideration of GIFT or PROMISE

ELEMENTS

1) public officer
2) accepts an OFFER or a PROMISE, or receives a GIFT or PRESENT by himself or through another
3) offer or promise be ACCEPTED, or gift or present be RECEIVED by public officer –
- – with a view to committing some CRIME
- – execution of an act which does NOT CONSTITUTE A CRIME, but the act must be UNJUST
- – refrain from doing something which is his official duty to do
4) act which offender agrees to perform or which he executes be CONNECTED with the PERFORMANCE of his OFFICIAL DUTIES

108
Q

Indirect Bribery

A

1) public officer
2) accepts gifts
3) gifts are offered to him BY REASON OF HIS OFFICE

109
Q

Direct bribery v. Indirect Bribery

A

As to:

  • consideration
  • existence of agreement
  • necessity of performance of the act
110
Q

Qualified bribery

A

1) public officer ENTRUSTED WITH LAW ENFORCEMENT
2) refrains from ARRESTING or PROSECUTING offender who committed crime punishable by RECLUSION PERPETUA and/or DEATH
3) refrain IN CONSIDERATION of any PROMISE, GIFT or PRESENT

Criminal Law 2 (5 decks)

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