III. REVISED PENAL CODE – BOOK TWO Flashcards
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123) - see # 84
- Anti-Terrorism Act – R.A. No. 11479, secs. 3-12, 25, 26, 29 and 36
Sec 4-6
25-26
29
36
Acts intending Death, Destab, cause PANIC to pub, & or INFLUENCE Gov
Anti Ter Coun - can adopt UN lists, can designate..; DOJ applies for designation w notice & hearing, Court of Appeals Declares
ATC can arrest without judicial warrant & detain 14 days, extendible by 10 days. Duty to notify nearest judge after arrest. 10 year prison penalty for arresting officers for Failure to notify judge.
Section 4: Defines terrorism as acts intending death, injury, damage, or destabilization, aimed at INTIMIDATING THE PUBLIC, INFLUENCING THE GOVERNMENT, or disrupting societal structures, punishable by life imprisonment.
Example: Planting explosives in a crowded area to create fear and provoke political change.
Section 5: Criminalizes threatening to commit terrorism with a penalty of twelve years imprisonment.
Example: Sending a letter threatening to detonate a bomb in a public building.
Section 6: Prohibits involvement in planning, training, or preparation for terrorism, possessing related objects or documents, with the penalty of life imprisonment.
Example: Providing training in bomb-making techniques to a group planning an attack.
The key points regarding the designation of terrorist individuals, groups, organizations or associations under Sections 25 and 26 of the Philippines’ Anti-Terrorism Act are:
Section 25:
- The Anti-Terrorism Council (ATC) shall automatically adopt the UN Security Council’s Consolidated List of designated terrorists, terrorist financiers, or terrorist organizations/groups.
- The ATC may also adopt designations from other jurisdictions after determining they meet UN criteria.
- The ATC can designate domestic or foreign individuals, groups, organizations or associations as terrorists upon finding probable cause that they commit or attempt to commit acts defined as terrorism under the law.
- Assets of designated terrorists are subject to freezing by the Anti-Money Laundering Council.
- Designation is separate from proscription (outlawing) under Section 26.
Section 26:
- Any group, organization or association that commits acts of terrorism or is organized for that purpose shall be declared a terrorist and outlawed group by the Court of Appeals.
- The Department of Justice applies for proscription with notice and opportunity for the group to be heard.
- The DOJ can seek a preliminary proscription order.
- No proscription application can be filed without the ATC’s authority on NICA’s recommendation.
Examples:
- The ATC automatically designated ISIS and its affiliates like ISIS-Philippines as terrorist groups based on the UN list.[5]
- The Communist Party of the Philippines (CPP) and its armed wing New People’s Army (NPA) were designated as terrorist organizations by the ATC in 2017.[2]
- In 2023, the ATC designated 4 leaders of the Cordillera Peoples Alliance as individual terrorists for alleged involvement with the CPP-NPA rebellion.[1]
In essence, the law allows the ATC to designate and the courts to proscribe terrorist individuals and groups, with severe consequences like asset freezing, based on UN lists, evidence of terrorist acts, and intelligence inputs, while affording some due process.
Section 29 of the Philippines’ Anti-Terrorism Act allows for detention without a judicial warrant of arrest under certain conditions. The key points are:
- Law enforcement or military personnel, with written authority from the Anti-Terrorism Council (ATC), can take custody of suspected terrorists without a judicial warrant.
- They must deliver the detained suspect to judicial authorities within 14 calendar days from the time of arrest/custody.
- This detention period can be extended by up to 10 more days if:
a) Further detention is needed to preserve terrorism-related evidence or complete the investigation.
b) Further detention is necessary to prevent another terrorist act.
c) The investigation is being conducted properly and without delay. - Immediately after arrest, the law enforcers must notify the nearest judge in writing about the time/date/manner of arrest, location of the detainee, and their physical/mental condition.
- The same written notice must be provided to the ATC and the Commission on Human Rights.
- The head of the detention facility must inform the detainee of their rights and allow access to legal counsel.
- Failure to notify the judge carries a 10-year prison penalty for the arresting officers.
Example: In 2022, alleged members of the Abu Sayyaf Group were arrested by military forces in Sulu on suspicion of planning bombings. Under Section 29, they could be detained for up to 24 days without charges if authorized by the ATC to allow further investigation, while being required to promptly notify the courts and rights bodies.
In essence, Section 29 allows extended warrantless detention of terrorism suspects for up to 24 days to aid investigations, subject to notification requirements and penalties, deviating from normal rules on prompt judicial processing after arrests.
Section 36 of the Philippines’ Anti-Terrorism Act outlines the authority to freeze assets related to terrorism financing and provides the following key points:
- Upon a preliminary proscription order from the court or designation under Section 25, the Anti-Money Laundering Council (AMLC) can issue an ex parte freeze order on:
a) Any property/funds related to terrorism financing under the law
b) Property/funds of persons where there is probable cause they are committing/attempting/facilitating acts of terrorism - The initial freeze order is effective for up to 20 days.
- The AMLC can petition to extend the freeze for up to 6 months through the Court of Appeals.
- The AMLC can also issue an indefinite freeze order on designated terrorist organizations/individuals to comply with UN resolutions like UNSCR 1373.
- During an indefinite freeze, an affected party can petition the Court of Appeals within 20 days to review the basis of the freeze order.
- Reasonable amounts can be allowed for the affected party’s living and legal expenses during a freeze.
- If the frozen assets are found related to terrorism financing in the Philippines, they are subject to civil forfeiture proceedings.
Common issues that arise in application:
- Concerns over due process - Indefinite freezes based just on designation, before conviction, are seen as violating property rights.[2]
- Humanitarian exemptions - Allowing living expenses is critical to avoid humanitarian impacts on families.[4]
- Judicial oversight - Courts play a key role in extending freezes and reviewing designations to prevent abuse.[1][3]
- UN compliance - The law aims to align the Philippines with binding UN counterterrorism obligations.[4]
Example: In 2022, the AMLC froze assets of alleged Abu Sayyaf members designated as terrorists by the ATC under Section 36. Their families challenged the indefinite freeze in court, citing lack of due process and humanitarian concerns over their living expenses.[2]
In summary, Section 36 enables swift asset freezes against terrorism suspects and groups based on designations or court orders, while providing some due process safeguards, aligning with UN standards, but raising concerns over rights violations.
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
- Terrorism Financing Prevention and Suppression Act – R.A. No. 10168,
secs. 4-9, 17 and 19
SECTIONS 4-9
17
19
intent - crime to KNOWINGLY PROVIDE funds or property for terror activities;
Attempt & conspiracy are also punishable; Accessory if helping in the escape
people OUTSIDE philippines - prosecuted for planning terror for Philippines
Financing Terrorism and Related Offenses in the Philippines (Anti-Terror Law)
These sections outline various crimes related to financing terrorism and the penalties for individuals and organizations involved. Here’s a breakdown for easier understanding:
1) Section 4: Financing of Terrorism**
* Crime: KNOWINGLY providing or using funds/property to Support terrorist acts or organizations.
* Intent: Must be WILLFUL and without lawful excuse, With KNOWLEDGE the funds might be used for terrorism.
* Penalty: Reclusion temporal maximum to reclusion perpetua (12-40 years) and a fine of 500,000 to 1,000,000 pesos.
* Example: Donating money to a charity knowing it secretly funnels funds to a terrorist group.
2) Section 5: Attempt/Conspiracy to Commit Financing of Terrorism**
* Attempt: Trying to commit financing of terrorism (reduced penalty from full offense).
* Conspiracy: Agreement between two or more people to commit financing of terrorism (same penalty as full offense).
* Example: Two people planning to send money to a known terrorist organization.
3) Section 6: Accomplice**
* Role: Assists in financing terrorism or conspiracy after the planning stage (lesser penalty than conspirator).
* Example: Providing logistical support (e.g., transferring money) to someone financing terrorism.
4) Section 7: Accessory**
* Role: Helps a perpetrator after the crime is committed (lowest penalty).
* Activities: Hiding the crime’s proceeds, assisting the escape of the perpetrator, or benefiting from the crime.
* Example: LAUNDERING money obtained through terrorist financing.
5) Section 8: Dealing with Property of Designated Terrorists**
* Crime: Engaging in financial transactions or providing services to people or organizations designated as terrorists.
* Knowledge: Must know or have reason to believe the person/group is designated as a terrorist entity.
* Penalty: Same as financing of terrorism (Section 4).
* Example: Doing business with a company on a government-issued terrorist watchlist.
6) Section 9: Offenses by Organizations and Aliens**
* Corporate Liability: If a company is involved, responsible officers face the penalties. The company’s license might be suspended or revoked.
* Foreign Offenders: Deportation in addition to any imposed penalties.
Overall, these sections aim to disrupt terrorist activities by criminalizing financial support and deterring transactions with designated terrorist groups.
Section 17. Predicate Offense to Money Laundering.
Section 19. Extra-Territorial Application of this Act
Key Points of Section 19 on Extra-Territorial Application of the Anti-Terrorism Act:
The Philippines can prosecute terrorism offenses committed by:
-
People Outside the Philippines: This applies to individuals who:
- Plot or commit terrorism acts inside the Philippines even if they are physically outside the country.
- Commit terrorism acts onboard Philippine ships or airplanes.
- Commit terrorism acts in Philippine embassies or diplomatic missions.
- Target Philippine citizens or Filipinos abroad where their ethnicity is a motive.
- Commit acts of terrorism directly against the Philippine government even if done outside the country.
- Filipino Nationals Anywhere: Filipino citizens can be prosecuted under the Anti-Terrorism Act for terrorism offenses even if committed abroad.
- Non-Extradited Foreigners: If a foreign terrorist suspect is not extradited to another country, the Philippines can prosecute them domestically under the Anti-Terrorism Act, regardless of where the crime took place.
Example:
- A Filipino national residing in Malaysia plans a bomb attack in Manila. Even though the planning happened outside the Philippines, this person could be prosecuted under the Act.
- A group of pirates hijacks a Philippine ship in international waters and threatens the passengers. This act of terrorism onboard a Philippine vessel falls under the Act’s jurisdiction.
- A protest outside a Philippine embassy in another country turns violent and targets the embassy itself. This could be considered an offense under the Act.
Overall:
Section 19 expands the reach of the Anti-Terrorism Act beyond Philippine borders to capture terrorism acts targeting the Philippines or its citizens, regardless of the physical location of the perpetrator. It also ensures Filipino nationals abroad and non-extradited foreign suspects can be held accountable for terrorism offenses.
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
- Anti-Piracy and Anti-Highway Robbery Law – P.D. No. 532, secs. 2-4
Piracy is a VIOLENT ATTACK or SEIZURE of VEC vessel, equipment, or personal belongings in Philippine Waters jurisdiction.
Hi-W Robbery or Brigandage - taking by violence or intimidation
Key Points on Piracy and Highway Robbery Law (PD No. 532) for Bar Exam Prep:
A)
Section 2: Definitions**
* Philippine Waters: All bodies of water within the Philippines’ jurisdiction, including territorial seas, bays, and inland waters.
* Vessel: Any watercraft used for transport, including fishing boats.
* Philippine Highway: Roads, streets, railways, and bridges used for movement of people and goods.
* Piracy: Violent attack or seizure of a vessel, cargo, equipment, or personal belongings in Philippine waters. This includes acts by passengers or crew.
* Highway Robbery/Brigandage: Taking of property by violence or intimidation on a Philippine highway. It can involve kidnapping, ransom, or extortion.
- Example:** A group of armed men board a cargo ship in the Sulu Sea, steal supplies, and threaten the crew. This is piracy under the law.
B)
Section 3: Penalties**
* Piracy: The penalty ranges from reclusion temporal (12-20 years) to death, depending on the severity of the crime. It’s harsher if physical injuries, rape, or murder occur.
* Highway Robbery/Brigandage: Penalties range from reclusion temporal minimum (12 years) to death. Similar to piracy, the severity of accompanying crimes determines the punishment.
Example: Robbers stop a van on a highway, steal money from passengers, and injure the driver. This is highway robbery, and the penalty could be reclusion temporal medium/maximum (12-20 years) due to the injuries.
C)
Section 4: Aiding Pirates/Highway Robbers**
* Anyone who knowingly helps pirates or highway robbers (e.g., providing information, receiving stolen goods) is considered an accomplice and receives a similar punishment as the main offenders.
* The law presumes such actions are done knowingly unless proven otherwise.
Example: A person informs a robbery gang about a shipment traveling on a specific highway. This person would be considered an accomplice if caught.
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
- Philippine Act on Crimes Against International Humanitarian Law,
Genocide and Other Crimes Against Humanity – R.A. No. 9851, secs. 3-6, 10-12 and 17
War crimes - under 2 scenarios of IAC - intl armed conflict & non-IAC;
- indiscriminate attacks causing excessive civilian casualties
- misusing protective symbols
- attacking cultural or religious sites
- use of child soldiers
Genocide - acts with INTENT to DESTROY Specific Group ( Ethnic, Racial, Religious Etc)
Key Points on War Crimes, Genocide, and Crimes Against Humanity (RA 9851):
A)
Section 4: War Crimes
* Defines war crimes under two scenarios: international armed conflict and non-international armed conflict.
* Lists specific acts considered war crimes, including:
* Wilful killing, torture, hostage-taking
* Targeting civilians or civilian objects
* Launching indiscriminate attacks causing excessive civilian casualties
* Misusing protective symbols (e.g., Red Cross)
* Attacking cultural or religious sites
* Cruel treatment of prisoners or wounded
* Using child soldiers
Example: Soldiers in a civil war deliberately shell a civilian market, killing many people. This is a war crime for targeting civilians.
B)
Section 5: Genocide**
* Defines genocide as acts committed with intent to destroy, in whole or in part, a specific group (national, ethnic, racial, religious, etc.).
* These acts include:
* Killing members of the group
* Causing serious harm
* Deliberately creating conditions to destroy the group
* Preventing births within the group
* Forcibly transferring children
Example: A government systematically persecutes a religious minority, killing many and forcing them from their homes. This could be genocide.
C)
Section 6: Other Crimes Against Humanity**
* Defines crimes against humanity as widespread or systematic attacks on civilians as part of a larger conflict.
* These acts include:
* Murder, extermination, enslavement
* Forced deportation, imprisonment, torture
* Rape and other sexual violence
* Persecution based on race, religion, etc.
* Enforced disappearances
Example: A military regime routinely tortures and murders political dissidents. This could be a crime against humanity.
Important Note: All these sections (War Crimes, Genocide, Crimes Against Humanity) refer to Section 7 for the penalty, which is not included in this excerpt.
Section 11. Non-prescription.
Section 12. Orders from a Superior. shall not relieve that person of criminal responsibility unless its NOT Obviously UnLAWFUL
III. REVISED PENAL CODE – BOOK TWO
B. Title Two - Crimes against the Fundamental Law of the State (Articles 124-133)
iLLegal D&A
Violation of D
Freedom of A & R
Summary of Articles 124-133 (Revised Penal Code) for Bar Exam Prep
These articles cover Illegal Detention and Arrest (124-126), Violation of Domicile (127-130), and Freedom of Assembly and Religion (131-133). Here’s a breakdown:
1)
Illegal Detention and Arrest (Articles 124-126):**
* Key Point: Public officials who DETAIN a person WITHOUT LEGAL grounds or fail to deliver them to authorities promptly can be punished.
* Penalty: Varies based on detention length (3 days to 6+ months) and can range from arresto mayor to reclusion temporal.
* Example: A police officer arrests someone on suspicion of theft but holds them for 5 days without filing charges. This could be arbitrary detention under Article 124.
2)
Violation of Domicile (Articles 127-130):**
* Key Point: Public officials CANNOT ENTER a home or search belongings without a warrant or the owner’s consent.
* Penalty: Varies based on circumstances (nighttime search, warrant abuse) and ranges from arresto mayor to prision correccional.
* Example: Police officers enter a house without a warrant looking for drugs. This is a violation of domicile under Article 128.
3)
Freedom of Assembly and Religion (Articles 131-133):**
* Key Point: Public officials cannot prevent peaceful meetings, lawful associations, or religious worship.
* Penalty: Prision correccional in its minimum period for violations.
* Example: Police prevent a protest march for environmental protection. This could be a violation under Article 131.
Important Note: These are simplified summaries. Refer to the full articles and relevant case law for a comprehensive understanding.
III. REVISED PENAL CODE – BOOK TWO
D. Title Four - Crimes against Public Interest (Articles 161-187)
PART 1 OF 2 (161-176)
- Counterfeiting C & GD
- Falsifying Pu&Pr D
- Falsifying Cert
- Manufacturing Implements for Falsification
NB: Intent to Use (ess elem) vs Intent to Possess (not an element)
Public interest refers to the CGW Common Good or Welfare of the community as a whole, rather than the interests of individuals or specific groups.
It encompasses the protection of public order, public health, public morals, and the general welfare of society.
Key Points on Falsification and Counterfeiting for Bar Exam Prep (based on Revised Penal Code excerpts)
- Counterfeiting Currency and Government Documents (Articles 161-166):**
- Focuses on creating fake money (coins or bills) and government documents.
- Penalties vary based on the type of document counterfeited (e.g., Philippine vs. foreign currency, national vs. local government document).
- Example: Making fake Philippine 10 peso coins - Prision mayor in its minimum and medium periods with a fine (Article 163).
- Falsifying Public and Private Documents (Articles 167-173):**
- Covers altering or creating fake documents, both public (government-issued) and private.
- Severity of penalties depends on the type of document tampered with (e.g., public vs. private, purpose of falsification).
- Example: A public officer forging a passport to allow someone to travel illegally - Prision mayor and a fine (Article 171).
- Falsifying Medical Certificates and Certificates of Merit (Articles 174-175):**
- Targets fake medical certificates, certificates of merit, service awards, etc.
- Penalties are generally lighter than counterfeiting or public document falsification.
- Example: A doctor writing a fake medical excuse to allow someone to skip work - Arresto mayor to prision correccional in its minimum period with a fine (Article 174).
- Manufacturing Implements for Falsification (Article 176):**
- Covers making or possessing tools specifically used for counterfeiting or document falsification.
- Intent to use the tools is a factor in determining the penalty.
Memorization Tip: Remember the hierarchy of documents and the increasing severity of penalties as the falsification becomes more serious (currency > public documents > private documents).
III. REVISED PENAL CODE – BOOK TWO
C. Title Three - Crimes against Public Order (Articles 134-160)
Chapter One
REBELLION, SEDITION AND DISLOYALTY
Ri - C - S
Conspiracy & Proposal (exc Sedition) are also punishable
Crimes Against the Government:
These articles define and penalize acts that challenge or overthrow the government’s authority. Here’s a breakdown:
-
Rebellion/Insurrection (Article 134): Overt acts of Violence using ARMED FORCE to OVERTHROW the Government or secede from its control.
- Example: A group of armed rebels seize a government building to declare an independent state.
-
Coup d’Etat (Article 134-A): A swift, surprise attack (violent or not) to SEIZE POWER, targeting government institutions, military installations, or utilities.
- Example: Soldiers take over key communication centers and government buildings to OVERTHROW the LEADERSHIP (vs the government in Ri)
Penalties:
- Leaders face harsher penalties (reclusion perpetua) than those who follow orders (reclusion temporal). Government officials participating in a coup get higher penalties than civilians.
*Planning and Incitement:**
* Conspiracy and proposals to commit these crimes are also punishable (prision mayor for coup d’etat, prision correccional for rebellion/insurrection).
* Inciting others to rebellion or insurrection through speeches or writings is penalized (prision mayor).
Disloyalty of Public Officers:
* Public officers who FAIL TO RESIST a rebellion, cooperate with rebels, or ACCEPT Positions under them can be punished (prision correccional).
Sedition (Article 139):
* Focuses on Creating PUBLIC DISORDER to achieve political or social ends OUTSIDE Legal Means (e.g., preventing elections, disrupting government functions, inflicting revenge on officials).
* Example: A protest turns violent, blocking access to government buildings and injuring officers.
- Penalties are lighter than rebellion/insurrection (prision mayor for leaders, prision correccional for participants).
Incitement (URGING) to Sedition:
* Similar to inciting rebellion, but WITHOUT DIRECT PARTICIPATION (prision correccional). This can involve speeches, writings, or even cartoons critical of the government.
* Example: A radio personality delivers speeches URGING listeners to disrupt upcoming elections.
Memorization Tip: Remember the hierarchy of crimes: Rebellion/Insurrection > Coup d’Etat > Sedition. Each has a different level of violence and intent to overthrow the government.
III. REVISED PENAL CODE – BOOK TWO
E. Title Six - Crimes against Public Morals (Articles 200-201)
GS - ACTS w/c are H offensive to Decency & GC
Imm D&M - arouse sexual desire
These articles cover two main offenses: public acts against good morals and the creation or distribution of obscene materials.
- Grave Scandals (Article 200):**
* Focuses on publicly acting in a way that is Highly OFFENSIVE to DECENCY and GOOD CUSTOMS
* Examples: Public nudity, indecent exposure in public spaces, or public sexual acts. - Immoral Doctrines and Materials (Article 201):**
* Targets the spread of IDEAS or materials that are considered obscene or VIOLATE PUBLIC MORALS
* Spreading Immoral Doctrines: Publicly advocating for ideas that go against moral standards (e.g., promoting violence or hate speech).
* Obscene Publications and Exhibitions:- Creating, publishing, selling, or exhibiting obscene literature, films, or shows.
- Examples: Pornography, overly graphic depictions of violence or sex, materials promoting illegal activities like drug use.
- The law considers content obscene if its main purpose is to appeal to prurient interests (arouse sexual desire) and lacks any serious artistic or literary value.
- Creating, publishing, selling, or exhibiting obscene literature, films, or shows.
Key Points:**
* These are relatively broad laws, and what is considered offensive can vary depending on societal standards.
* The focus is on public acts or materials, not private possession.
III. REVISED PENAL CODE – BOOK TWO
F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)
- Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by B.P. Blg. 195 and R.A. No. 10910, secs. 2-6, 9 and 11
3-6
3 Broad Cat
Abuse of P - use official position to gain
Conf of Int - having personal Stake in matters they are required to be impartial
Mis of Info - sharing Confi govt information for gain
Summary of Corrupt Practices of Public Officers (R.A. 3019)
This law defines various acts by public officials that are considered corrupt and illegal. These acts can be broadly categorized as:
1) Abuse of Power:** Using one’s official POSITION to Give favors or benefits to themselves, family, or friends, or to cause harm to others. (Examples: Accepting bribes for contracts (b), getting family jobs in companies with pending permits (d), showing favoritism in decisions (e))
2) Conflict of Interest:** Having a PERSONAL STAKE in Matters they are supposed to decide impartially. (Examples: Owning a business benefiting from a regulation they influence (h), participating in board decisions where they have a financial stake (i))
3) Misuse of Information:** Sharing CONFIDENTIAL government information for Personal GAIN or releasing it prematurely. (Example: Leaking sensitive government documents to the press for personal benefit (k))
Key Points:
A) The law goes beyond existing laws by specifically defining these corrupt practices.
B) Not only are public officials punished, but those who bribe them or solicit confidential information can also be penalized.
C) The penalties include disqualification from doing business with the government.
Examples:
* A government official awards a construction contract to a friend’s company, even though it submitted a higher bid than other qualified companies (Abuse of Power - favoritism).
* A city council member who owns a beachfront property votes in favor of relaxing zoning laws that would allow construction of high-rise buildings, increasing the value of their property (Conflict of Interest).
* A government employee tasked with reviewing applications for business permits shares confidential details about a competitor’s application with a friend who is also applying for a permit (Misuse of Information).
III. REVISED PENAL CODE – BOOK TWO
F. Title Seven - Crimes Committed by Public Officers (Articles 203-245) - see P. 90
- Anti-Plunder Act – R.A. No. 7080, as amended by R.A. No. 7659
a. Definition of Terms – Section 1 - EXPLAIN
b. Definition of the Crime of Plunder – Section 2
c. Series and Combination
d. Pattern
e. Wheel and Chain Conspiracy
Public Officer - anyone working for the Govt by Election or by Appointment, performing public duties
iLL Gotten W - any Asset A through iLL means by public official or associate
This law defines:
* Public Officer as anyone employed by the government (a).
- Government to include all national and local government branches, agencies, and corporations (b).
- Person as both individual people and organizations (c).
-
Ill-Gotten Wealth as any asset acquired through illegal means by a public official or associate,
including misuse of funds (1), bribes (2), illegal transfer of government property (3), receiving benefits from businesses (4), monopolies (5), or abusing their position for personal gain (6).
WHO
Sure, here’s a summary of the elements of who is considered a public officer, along with examples:
- Direct Provision of the Law, Popular Election, or Appointment: A person becomes a public officer either through direct provision of the law (such as statutes or regulations), popular election (by the people), or appointment by competent authority (government officials or bodies).
- Performance of Public Functions or Duties: The individual must take part in the performance of public functions or duties in the Government of the Philippines or any of its branches.
- Employee, Agent, or Subordinate Official: The person may hold any rank or class within the government structure and can serve as an employee, agent, or subordinate official.
Example 1: A senator who is elected by popular vote to represent the people in the legislative branch of the government is considered a public officer.
Example 2: A city mayor who is appointed by the local government and performs administrative functions on behalf of the city government is also considered a public officer.
Example 3: A government employee working as a clerk in a government agency, appointed by competent authority to handle administrative tasks, is classified as a public officer.
III. REVISED PENAL CODE – BOOK TWO
G. Title Eight - Crimes Against Persons (Articles 246-266-D)
- Anti-Hazing Act of 2018
– R.A. No. 8049, as amended by R.A. No. 11053,
secs. 2-3, 12 and 14
Hazing - any A causing Phy Psy H as part of the Rites
iNitiation R - activities to become a M
GR - H is Prohibited
Exc - phy Psy TESTS for military with Prior Approval
Summary of Key Points from Sections 2 and 3 of the Anti-Hazing Law
Section 2: Definition of Terms
* Hazing: Any act causing physical or psychological harm as part of initiation rites, including but not limited to paddling, whipping, forced consumption, and other humiliating or degrading activities.
* Initiation Rites: Ceremonies or activities to become a member of an organization.
* Organization: Includes fraternities, sororities, clubs, and even military academies.
* Schools: Refers to educational institutions.
Example: Paddling a new member of a fraternity as a requirement for membership is considered hazing.
Section 3: Prohibition of Hazing
* General Prohibition: Hazing is prohibited in all fraternities, sororities, and organizations, including those in schools and the community.
* Exceptions: Physical and psychological tests for military academies and similar institutions with prior approval are allowed. Customary athletic events and activities with legitimate objectives are also exempted.
* No Hazing for Employment: Hazing cannot be a requirement for employment.
Example: A university fraternity cannot require new members to undergo paddling as part of initiation. However, physical fitness tests in a military academy may be allowed with proper approval.
III. REVISED PENAL CODE – BOOK TWO
I. Title Ten - Crimes against Property (Articles 293-332)
1. Anti-Fencing Law of 1979
2. Bouncing Checks Law –
3. New Anti-Carnapping Act of 2016
4. Motorcycle Crime Prevention Act
- Law on Arson - EXPLAIN
MALICIOUS BURNING (mala in se) of/ Another person’s Property (if own prop, intent is to Defraud insurers or others)
Defense: Lack of malice eg accident or Lack of intent to defraud
AC are EP, U of Explosives, Dwelling
- Definition: Arson is the MALICIOUS BURNING of the property of another or of one’s own property under certain circumstances, as defined in Article 320 of the Revised Penal Code.
-
Elements of Arson:
- Burning: There must be actual burning of the property involved.
- Malice: The act must be done with malicious intent, which includes intent to cause damage, destruction, or injury to another’s property or to one’s own property for fraudulent purposes.
- Ownership or Possession: The property burned must belong to another person (not the accused) or, in the case of own property, there must be malicious intent to defraud insurers or other persons.
-
Penalties:
- Destruction by Arson: If the arson results in the total destruction of the property, the penalty is reclusion perpetua (imprisonment for 20 to 40 years).
- Destruction by Other Means: If the arson results in only partial destruction or damage to the property, the penalty is prision mayor (imprisonment ranging from 6 years and 1 day to 12 years).
- Aggravating Circumstances: Certain circumstances can increase the penalty for arson, such as when it is committed with evident premeditation, with the use of explosives, or if committed on a building where people are usually present (like dwellings).
-
Related Offenses:
- Destruction of Property: When the burning does not qualify as arson but still results in damage to property, it may constitute the offense of destruction of property under Article 329 of the Revised Penal Code.
- Reckless Burning: Unintentional fires caused by negligence or imprudence fall under different provisions, such as reckless imprudence resulting in damage to property under Article 365.
- Legal Defenses: Possible defenses against charges of arson include lack of malice (accidental fire), lack of intent to defraud (in cases of burning one’s own property), or lack of evidence proving the elements of the offense.
III. REVISED PENAL CODE – BOOK TWO
H. Title Nine - Crimes against Personal Liberty and Security (Articles 267-292)
267-274
Kid & SeriD - Intent:
Serious when a)>3d b)pubAuth c)SerPi/T2K or d)MinFemPO e)Ransom
SpComCr - Kid w Hom
SpComCr - Kid w Rape
Slight iLL det - 5 days below; and not for Ran, Ext, or other unlawful means
illegal detention & arrest vs unlawful arrest - latter can only be committed by a Public Officer authorized to make arrest but have no legal ground at that time
Here’s a summary of the key points for each article, along with examples:
Article 267 - Kidnapping and serious illegal detention:
Key points:
- Penalty of reclusion perpetua to death for kidnapping or detaining someone; Death penalty if for ransom, regardless of other circumstances
- Aggravating circumstances include duration over 5 days, simulating public authority, inflicting serious injuries, or if victim is a minor, female, or public officer
Example: A group abducts a bank manager and holds him for 7 days, demanding ransom from the bank. This would qualify for the death penalty due to the ransom demand and duration over 5 days.
Article 268 - Slight illegal detention:
Key points:
- Penalty of reclusion temporal for kidnapping without aggravating circumstances; Same penalty for providing a place for the crime
- Reduced penalty if victim is voluntarily released within 3 days without achieving the purpose
Example: A person detains someone for 2 days but releases them voluntarily before any ransom is paid. This could result in a reduced sentence.
Article 269 - Unlawful arrest:
If a private individual detains or restrains another without legal justification, it would not be termed unlawful arrest under Philippine law.
Instead, it might fall under other provisions such as illegal detention (Article 267) if the detention involves deprivation of liberty without legal grounds, or possibly coercion
(Article coercion (Article 286) if threats or violence are used to restrict someone’s freedom
Article 270 - Kidnapping and failure to return a minor:
Key point: Penalty for someone entrusted with a minor’s custody who deliberately fails to return them
Example: A teacher takes a student on an authorized field trip but doesn’t return them to their parents.
Article 271 - Inducing a minor to abandon home:
Key points:
- Penalty for inducing a minor to leave their home or guardians
- Reduced penalty if the offender is the minor’s parent
Example: An adult convinces a teenager to run away from home and stay with them.
Article 272 - Slavery:
Key points:
- Penalty for enslaving a person
- Increased penalty if for immoral traffic
Example: Someone buys a person to force them into unpaid labor on their farm.
Article 273 - Exploitation of child labor:
Key point: Penalty for retaining a minor for work against their will under the pretext of debt repayment
Example: A factory owner keeps a child working to pay off their parent’s debt.
Article 274 - Services rendered under compulsion in payment of debt:
Key point: Penalty for forcing a debtor to work against their will to pay off a debt
Example: A lender forces someone who owes them money to work as their household servant until the debt is paid.
III. REVISED PENAL CODE – BOOK TWO
I. Title Ten - Crimes against Property (Articles 293-332) @P140
- Anti-Fencing Law of 1979 – P.D. No. 1612, secs. 2 and 5-6 - EXPLAIN
- Bouncing Checks Law
- New Anti-Carnapping Act of 2016
- Motorcycle Crime Prevention Act
- Law on Arson
Fencing is a SEPARATE from the original (EARLIER) robbery/theft
Knows or must have KNOWN dealing with stolen property (PRIMA FACIE EVID - can be rebutted)
The accused must NOT be involved in the ORIGINAL crime
There must be intent TO PROFIT from the stolen goods
Section 2: Definition of Terms
* Fencing: The act of any person who, with INTENT TO GAIN for himself or another, DEALS in STOLEN goods, including buying, receiving, possessing, keeping, acquiring, concealing, selling, or disposing of them.
“Knowing, or should be known to him” stolen means the person has knowledge or has REASON TO BELIEVE the goods are stolen.
Section 5: Presumption of Fencing
* Mere possession:
POSSESSION of articles, items, objects, or anything of VALUE, especially if unexplained or SUSPICIOUS, creates a PRESUMPTION that the person is guilty of fencing.
This PRESUMPTION can be rebutted by the accused by providing a credible explanation for how they obtained the goods.
Section 6: Clearance/Permit to Sell/Used Second Hand Articles
* Requirement: All stores, establishments, or entities dealing in the buy and sell of (2ND) second hand goods obtained from unlicensed dealers or suppliers must SECURE A CLEARANCE or permit from the police station commander in their area BEFORE offering these items for sale.
* Purpose: This aims to regulate the second hand goods market and make it more difficult for fences to sell stolen items.
Additional Points:
* Penalties: The law prescribes penalties based on the value of the stolen goods involved.
* Focus: The law aims to deter the sale and possession of stolen property by making it a crime and disrupting the market for such goods. This discourages theft by making it more difficult for thieves to profit from their crimes.
Overall:
The Anti-Fencing Law is a key piece of Philippine legislation in combating crime by tackling the market for stolen goods.
It discourages fencing activities and encourages responsible practices in the secondhand goods market.
III. REVISED PENAL CODE – BOOK TWO
I. Title Ten - Crimes against Property (Articles 293-332)
1. Anti-Fencing Law of 1979
- Bouncing Checks Law
– B.P. Blg. 22, secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. 13-2001
EXPLAIN - New Anti-Carnapping Act of 2016
- Motorcycle Crime Prevention Act
- Law on Arson
PRIMA FACIE EVIDENCE - 90D as NSF
The issuance of a check that is refused payment due to insufficient funds within 90 days of its date is considered prima facie evidence that the issuer KNEW about the LACK of funds, unless they pay the amount due or arrange for payment within 5 banking days after being notified of the non-payment.
DUTY OF BANK
When a drawee bank dishonors a check due to insufficient funds, it must clearly STATE the REASON on the check, and this serves as prima facie evidence of the check’s <IPaD> issuance, presentment, and dishonor in legal proceedings, even if a stop payment order was issued</IPaD>
Clarifications (AC 13-2001):
Imprisonment remains an alternative penalty for BP 22 violations
A) Judges have discretion to:
Impose a fine alone if it best serves justice
B) Consider imprisonment if a fine alone would:
a) Depreciate the offense’s seriousness
b) Harm social order
c) Be contrary to justice
C) Subsidiary Imprisonment:
If only a fine is imposed and the accused cannot pay:
Provisions on subsidiary imprisonment from the Revised Penal Code can be applied
Key Points on Checks Without Sufficient Funds
Prohibited Acts
-
Issuing a Check Without Sufficient Funds:
- Action: Any person who makes, draws, and issues a check knowing they do not have sufficient funds or credit with the drawee bank.
- Condition: The check is subsequently dishonored by the bank due to insufficient funds or credit, or would have been dishonored if not for an invalid stop-payment order by the drawer.
-
Failing to Maintain Sufficient Funds:
- Action: Any person who issues a check while having sufficient funds or credit but fails to maintain those funds or credit to cover the check if presented within 90 days from the date on the check.
- Condition: The check is dishonored by the bank due to insufficient funds or credit.
Liability
-
Corporate Checks:
- Responsibility: If the check is drawn by a corporation, company, or entity, the person(s) who actually signed the check on behalf of the drawer will be liable under this Act.
Summary
- Issuing a Check Without Funds: It is illegal to issue a check knowing there are insufficient funds or credit to cover it, and the check is dishonored.
- Failing to Maintain Funds: It is also illegal to fail to maintain sufficient funds or credit to cover a check issued, if it is presented within 90 days and dishonored.
- Corporate Liability: The individuals who sign checks on behalf of a corporation or entity are personally liable if the checks are dishonored due to insufficient funds.
III. REVISED PENAL CODE – BOOK TWO
I. Title Ten - Crimes against Property (Articles 293-332)
1. Anti-Fencing Law of 1979
2. Bouncing Checks Law
EXPLAIN:
3. New Anti-Carnapping Act of 2016
Key Points for Easy Comprehension
Denial of Bail for Carnapping
1. Conditions for Denial of Bail:
- Bail is denied if the evidence of GUILT is STRONG in cases where carnapping is committed:
- By criminal groups, GANGS, or SYNDICATES
- With <VIF> Violence or intimidation of any person, or force upon things
- When the owner, driver, passenger, or occupant of the carnapped vehicle is KILLED or RAPED during the crime</VIF>
Concealment of Carnapping
1. Penalties for Concealment:
- Imprisonment of 6 to 12 years
- Fine equal to the acquisition cost of the motor vehicle, engine, or any part involved
-
Liability of Juridical Persons:
- If a juridical person (e.g., a corporation) is involved, penalties APPLY to its PRESIDENT, secretary, board members, or ANY OFFICERS & EMPLOYEES who Directly Participated in the violation.
-
Penalties for Public Officials:
- Public officials or employees who commit unlawful acts, show gross negligence, or connive in the commission of such acts face:
- Dismissal from service
- Forfeiture of benefits
- Permanent disqualification from holding public office
- Public officials or employees who commit unlawful acts, show gross negligence, or connive in the commission of such acts face:
Summary
- Denial of Bail: Bail is denied for strong evidence cases involving criminal groups, violence, or severe harm (e.g., murder or rape) during carnapping.
- Concealment Penalties: Concealing carnapping leads to 6-12 years imprisonment and a fine, with additional penalties for involved corporate officers and public officials, including dismissal and disqualification from public service.
Motor Vehicle Definition
- Motor Vehicle: Any vehicle propelled by power other than muscular power using public highways.
- Exclusions: Road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, cranes (if not used on public highways), vehicles on rails or tracks, and agricultural tractors, trailers, and traction engines.
- Trailers: Classified as separate motor vehicles if propelled by attachment to a motor vehicle, with no power rating.
Carnapping
- Definition: The taking of a motor vehicle with intent to gain, without the owner’s consent, or by means of violence, intimidation, or force.
- Penalties:
- Without Violence/Intimidation: Imprisonment of 20 to 30 years.
- With Violence/Intimidation: Imprisonment of 30 to 40 years.
- If Owner/Occupant is Killed or Raped: Life imprisonment.
Summary
- Motor Vehicle: Defined broadly but excludes certain types of vehicles and equipment, especially those not used on public highways or used exclusively for agricultural purposes.
- Carnapping: A serious offense with severe penalties, ranging from 20 years to life imprisonment, depending on the presence of violence, intimidation, or if the owner/occupant is harmed during the crime.
III. REVISED PENAL CODE – BOOK TWO
I. Title Ten - Crimes against Property (Articles 293-332)
- Motorcycle Crime Prevention Act - EXPLAIN
- Law on Arson – P.D. No. 1613, secs. 1-7
Use of a Motorcycle in the Commission of Crime
1) Grave Felony:
Penalty: If a motorcycle is used in committing a grave felony under the Revised Penal Code, or in escaping from such a crime, participants (owner, driver, back rider, or passenger) face reclusion temporal to reclusion perpetua.
2) Less Grave or Light Felony:
Penalty: If a motorcycle is used in committing a less grave or light felony, or in escaping from such a crime, participants face prision correccional to prision mayor.
3) Seized Motorcycles:
If a seized motorcycle is used in a crime, the maximum penalty for the relevant crime or offense will be imposed.
4) Resulting in Death or Serious Injury:
Penalty: If the unlawful use of a motorcycle in a crime results in death or serious physical injuries, the penalty is reclusion perpetua.
III. REVISED PENAL CODE – BOOK TWO
J. Title Eleven - Crimes against Chastity (Articles 333-346)
Ad/Con
A Las (w or w/oC)
Seduction - Sim/Qual
Corr of M
WST
Abd - 16-18 w LewD
Article 333 - Adultery: Punishes a MARRIED WOMAN who Engages in Sexual relations with a man NOT HER HUSBAND and the man who knows she is married.
Example: Maria, married to John, has an affair with her coworker Mark.
Article 334 - Concubinage: Penalizes a HUSBAND who keeps a Mistress in their HOME or COHABITS with another woman in scandalous circumstances.
Example: John maintains a relationship with Susan while living with his wife Maria.
Article 335 - Rape (Crime against Persons) : Defines rape as having sexual intercourse with a woman UNDER COERCIVE circumstances, punishable by reclusion perpetua to death.
Example: David forcibly rapes a woman after threatening her with a knife.
- Age of Consent = 16 yo and above, so if <16 = Statutory Rape
Article 336 - Acts of Lasciviousness: Covers LEWD ACTS committed against another person WITHOUT their Consent, punishable by prision correccional.
Example: James gropes a woman in a crowded subway without her permission.
Article 337 - Qualified Seduction:
Punishes seduction of a VIRGIN aged < 16 to 18 > by persons in authority with prision correccional.
Example: Teacher Ben seduces his 16-year-old student using his position of authority.
Article 338 - Simple Seduction:
Penalizes seducing a woman of good reputation aged < 16 to 18 > through DECEIT, with arresto mayor.
Example: Peter convinces Jane, a minor, to engage in sexual relations with him under false promises of marriage.
Article 339 - Acts of Lasciviousness with Consent:
Covers acts of lasciviousness committed WITH the victim’s Consent, punished by arresto mayor.
Example: Tony engages in INAPPROPRIATE TOUCHING with a minor who agrees to the act.
Article 340 - Corruption of Minors:
Penalizes promoting or facilitating the PROSTITUTION OR CORRUPTION of minors ( <18 YO) , with prision mayor.
Example: A criminal organization recruits underage girls for prostitution.
Article 341 - White Slave Trade:
Punishes engaging in or profiting from PROSTITUTION ACTIVITIES, or enlisting others for prostitution, with prision mayor.
Example: A syndicate traffics young women for commercial sexual exploitation.
Article 342 - Forcible Abduction:
Covers the abduction of any woman AGAINST her Will and with LEWD (SEXUAL) designs.
Example: Mark kidnaps a woman with intentions of sexually assaulting her.
Article 343 - Consented Abduction:
Involves the abduction of a virgin over 16 and under 18 years of age with HER CONSENT and with LEWD designs.
Example: John persuades a minor to leave with him voluntarily, intending to engage in sexual acts.
Article 344 - Prosecution of Crimes: Specifies that crimes like adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness REQUIRE a Complaint from the OFFENDED PARTY for prosecution.
Example: The victim’s family must file a complaint to prosecute a rape case.
Article 345 - Civil Liability: Requires offenders of rape, seduction, or abduction to indemnify the offended party, acknowledge offspring, and provide support.
Example: A convicted rapist must provide financial support to the child born from the crime.
Article 346 - Liability of Ascendants, Guardians, etc.: Holds individuals in authority accountable for aiding crimes against chastity, with additional penalties for teachers and guardians.
Example: A teacher who facilitates student sexual relations faces severe penalties, including disqualification from future educational roles.
III. REVISED PENAL CODE – BOOK TWO
K. Title Twelve - Crimes against the Civil Status of Persons (Articles 347-352)
- The object of the crime is the creation of
FALSE CIVIL STATUS.
Simulation of births,
Substitution of C,
Abandonment of legit C
Usurpation of CS - assumes id of another
Bigamy (vs State) vs. <Concubinage(vsChastity private crime) >
Marriage against Law - w vice of Consent
Performing iLL Mar - punishes officiating officer
Sure, here’s a summary of each article related to offenses under Philippine criminal law concerning birth simulation, child concealment, usurpation of civil status, illegal marriages, and illegal marriage ceremonies, along with illustrative examples:
-
Article 347 - Simulation of births, substitution of children, concealment or abandonment of legitimate child: Penalizes the acts of simulating births, substituting one child for another, or concealing/abandoning a legitimate child to cause the child to lose civil status, with corresponding penalties including imprisonment and fines.
Example: Maria, wanting to adopt a child illegally, substitutes her own newborn with the adopted child at the hospital. -
Article 348 - Usurpation of civil status: Imposes penalties for falsely assuming the civil status of another person with the intent to defraud, ranging from prision mayor to prision correccional depending on the circumstances.
Example: John assumes the identity of a deceased wealthy man to fraudulently claim inheritance rights. -
Article 349 - Bigamy: Punishes the act of contracting a second or SUBSEQUENT MARRIAGE without the dissolution of the first marriage or declaration of presumptive death of the absent spouse, with the penalty of prision mayor.
Example: Peter, already married to Mary, secretly marries Sarah without divorcing Mary. -
Article 350 - Marriage contracted against provisions of laws: Penalizes marriages that DO NOT comply with legal requirements or involve legal impediments, with prision correccional in its medium and maximum periods, aggravated if consent is obtained through violence, intimidation, or fraud.
Example: Jane marries Tom under false pretenses, coercing him into the marriage against his will. -
Article 351 - Premature marriages: Penalizes widows or women whose marriages have been annulled or dissolved if they marry within 301 days from the death of their husband or before the required waiting period, with arresto mayor and a fine.
Example: Sarah, whose husband passed away six months ago, remarries before the mandated waiting period of 301 days. -
Article 352 - Performance of illegal marriage ceremony: Provides penalties for priests, ministers, or civil authorities who perform or authorize illegal marriage ceremonies, in accordance with the provisions of the Marriage Law.
Example: A priest conducts a marriage ceremony knowing that one of the parties is already legally married to someone else.
III. REVISED PENAL CODE – BOOK TWO
L. Title Thirteen - Crimes against Honor (Articles 353-364) -
Guidelines for the Imposition of Penalties in Libel Cases – A.C. No. 08 2008
Lib - Pub & Mal impu of covads to Dis or Blacken; EXC if fair & true reports on pub int;
1) Imputation:
An allegation of a crime, vice, defect, act, omission, status, or circumstance
Can be real or imaginary
2) Public Nature:
The imputation must be made publicly
Not confined to private communication
3) Malicious Intent:
The imputation must be malicious
Implies ill will or intent to cause harm
4) Target of Imputation:
Directed at a specific person or entity
Can be a natural person, juridical person, or someone who is deceased
5) Damaging Effect:
Must tend to cause dishonor, discredit, or contempt
Affects the reputation or standing of the person defamed
Threatening to pub Lib - blackmail
Sla v S by Deed
Intriguing
-
Article 353 - Definition of libel: Defines libel as the PUBLIC & MACLICIOUS IMPUTATION of a crime, vice, defect, act, omission, condition, status, or circumstance that tends to dishonor, discredit, or contempt a natural or juridical person, or to blacken the memory of a deceased person.
Example: Publishing an article accusing a government official of embezzlement without factual basis. -
Article 354 - Requirement for publicity: Presumes every DEFAMATORY imputation to be MALICIOUS, unless good intention and justifiable motive are proven; exceptions include private communications and fair and true reports of official proceedings made without comments.
Example: A journalist reporting accurately on a court trial without adding personal opinions. -
Article 355 - Libel means by writings or similar means: Penalizes libel committed through various means such as writing, printing, radio, or similar methods with imprisonment and/or fines, along with civil liability.
Example: Publishing a defamatory article in a newspaper that damages the reputation of a local business owner. -
Article 356 - Threatening to publish and offer to prevent publication: Penalizes threatening to publish a libel or offering Not to publish it FOR COMPENSATION, with arresto mayor or a fine.
Example: Threatening to publish false allegations about a politician unless they pay a large sum of money. -
Article 357 - Prohibited publication of offensive facts: Penalizes the publication of OFFENSIVE FACTS related to a person’s private life, even if mentioned in judicial or administrative proceedings, with arresto mayor or a fine.
Example: Publishing intimate details of a celebrity’s personal life without their consent, under the guise of reporting on a court case. -
Article 358 - Slander: Penalizes ORAL DEFAMATION of a serious and insulting nature with arresto mayor to prision correccional; less serious cases are punishable by arresto menor or a fine.
Example: Spreading false rumors about a neighbor’s criminal activities that damage their reputation. -
Article 359 - Slander by deed: Penalizes any act not included in other provisions that dishonors, discredits, or SHOWS CONTEMPT towards another person, with arresto mayor to prision correccional or a fine.
Example: Vandalizing a public figure’s property with graffiti that defames their character. -
Article 360 - Persons responsible for libel: Holds responsible any person who publishes, exhibits, or causes the publication of a defamation, including authors, EDITORS, and PUBLISHERS, with concurrent civil and criminal liabilities.
Example: A magazine editor-in-chief who knowingly allows the publication of false accusations against a celebrity. -
Article 361 - Proof of the truth: Allows the truth of a libelous statement as a DEFENSE in court if proven with good motives and justifiable ends, especially in cases concerning government OFFICIALS and their official duties.
Example: A journalist accused of libel proves in court that their report on a corrupt government official is entirely true and published in the public interest. -
Article 362 - Libelous remarks: States that even if remarks are connected to a privileged matter (such as those under Article 354), IF MADE WITH MALICE, they do not exempt the author or editor from criminal liability.
Example: A radio host makes malicious comments about a public figure during a broadcast, damaging their reputation unfairly. -
Article 363 - Incriminating innocent person: Penalizes any act that directly incriminates an innocent person in a crime, WITHOUT constituting PERJURY, with arresto menor.
Example: Falsely accusing a bystander of theft to divert suspicion from the actual thief. -
Article 364 - Intriguing against honor: Penalizes any intrigue aimed at DAMAGING a person’s honor or REPUTATION with arresto menor or a fine.
Example: Spreading false rumors about a colleague at work to undermine their reputation and standing.
III. REVISED PENAL CODE – BOOK TWO
M. Title Fourteen - Quasi-Offenses - QuasiDelict (Article 365)
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE.
Reckless imprudence resulting in Felony ( Gr, L Gr, Li)
Simple Ri
Elements
a) No M &
b) Material D due to inExc Neg (L of Prec)
This article covers various crimes committed DUE TO LACK OF ACTION or proper action. Here’s a breakdown for easier memorization:
1) Crime:** Reckless Imprudence Resulting in Felony (RPC 365 par. 1)
* Elements:
* The offender commits an act (or fails to act) voluntarily.
* There’s NO MALICE INVOLVED
* The act would be a grave felony if done intentionally.
* The act results in MATERIAL DAMAGE due to INEXCUSABLE lack of precaution considering the offender’s profession, etc.
* Example: A construction worker leaves a deep trench unfenced overnight. A pedestrian falls in and suffers serious injuries.
2) Crime:** Reckless Imprudence Resulting in Less Grave Felony (RPC 365 par. 1)
* Elements: Same as Reckless Imprudence Resulting in Felony, except the act would be a less grave felony if done intentionally.
* Example: A driver races through a red light and collides with another car, causing injuries.
3) Crime:** Reckless Imprudence Resulting in Light Felony (RPC 365 par. 1)
* Elements: Same as Reckless Imprudence Resulting in Felony, except the act would be a light felony if done intentionally.
* Example: A store owner leaves a faulty electrical outlet exposed, and a customer gets a shock.
4) Crime:** Simple Imprudence Resulting in Grave Felony (RPC 365 par. 2)
* Elements:
* The offender commits an act (or fails to act) due to simple lack of precaution.
* There’s no malice involved.
* The act would be a grave felony if done intentionally.
* The act results in damage.
* Example: A doctor accidentally prescribes the wrong medication, causing a patient harm.
5) Crime:** Simple Imprudence Resulting in Less Grave Felony (RPC 365 par. 2)
* Elements: Same as Simple Imprudence Resulting in Grave Felony, except the act would be a less grave felony if done intentionally.
* Example: A security guard leaves his post unattended, and a robbery occurs.
6) Crime:** Simple Imprudence Resulting in Light Felony or Wrong (RPC 365 par. 2 & 4)
* Elements:
* The offender commits an act (or fails to act) due to simple lack of precaution.
* There’s no malice involved.
* The act would be a light felony or a wrong if done intentionally.
* The act results in damage.
* Example: A person accidentally damages a parked car while learning to drive.
- Key Points for Memorization:**
A) Reckless Imprudence:** Involves a greater lack of precaution than Simple Imprudence.
B) Resulting Offense:** The severity of the crime depends on the offense that would have been committed if done intentionally.
C) Consider the Circumstances:** The court considers the offender’s profession, situation, and the surrounding factors when evaluating the level of care expected.
Additional Notes:
* The article also covers the duty to assist injured parties and the consequences of failing to do so.
* There are specific provisions for reckless imprudence resulting in death due to traffic violations.
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
1. Anti-Terrorism Act – R.A. No. 11479, secs. 3-12, 25, 26, 29 and 36
Anti Terror - Define key terms
Ci - vit as
ExtrRen - Tr to for nat
Proposal to com Ter - Sugg
(a) Critical Infrastructure: Essential ASSETS or systems VITAL for societal functions, including telecommunications, energy supply, and transportation, with destruction causing severe harm to national defense, economy, and public safety.
(b) Designated Person: An individual, group, or organization IDENTIFIED AS as a Terrorist or Supporter of terrorism by the UN Security Council or other jurisdictions, or designated under local law.
(c) Extraordinary Rendition: TRANSFER of a suspected terrorist to a foreign nation for detention and interrogation without formal charges or trial.
(d) International Organization: A group established by international treaty with its own legal status under international law.
(e) Material Support: Provision of tangible or intangible RESOURCES, services, or assistance to terrorist activities, including financial aid, training, and weapons.
(f) Proliferation of Weapons of Mass Destruction: T&E Transfer and export of chemical, biological, radiological, or nuclear weapons and related materials.
(g) Proposal to Commit Terrorism: SUGGESTING or planning to carry out terrorist acts to another person.
(h) Recruit: Encouraging others TO JOIN terrorist organizations or engage in terrorism-related activities.
(i) Surveillance Activities: Monitoring, TRACKING, or intercepting communications or activities of individuals or organizations involved in terrorism.
(j) Supranational Jurisdiction: International organization or union with authority TRANSCENDING NATIONAL BOUNDARIES for collective decision-making.
(k) Training: Providing specific instruction or teaching related to terrorism, distinct from general knowledge.
(l) Terrorist Individual: A person who commits acts defined and penalized as terrorism under the law.
(m) Terrorist Organization, Association, or Group of Persons: Entity organized for engaging in terrorism or designated as such by the UN Security Council.
(n) Weapons of Mass Destruction (WMD): Chemical, biological, radiological, or nuclear weapons capable of CAUSING EXTENSIVE destruction or mass casualties.
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
1. Anti-Terrorism Act – R.A. No. 11479, secs. 3-12, 25, 26, 29 and 36
Compare:
Proposal
Conspiracy
Inciting to Commit Terrorism
Section 7: Punishes conspiracy to commit terrorism with life imprisonment without parole, requiring an AGREEMENT BETWEEN 2 or more persons to commit acts defined as terrorism.
Example: Two individuals plan to carry out a bombing attack on a government building.
Section 8: Penalizes proposing to commit terrorism with twelve years imprisonment, involving an individual suggesting or planning terrorist acts as defined in Section 4. Example: A person SUGGESTS planting explosives in a crowded area to a group of acquaintances.
Section 9: Criminalizes inciting others to commit terrorism with twelve years imprisonment, even if not directly involved in the acts, by means of speeches, writings, or other representations encouraging terrorism. Example: A public figure delivers a SPEECH URGING followers to engage in violent acts against certain religious or political groups.
Differences:
1. Section 7 focuses on conspiracy, requiring an agreement between individuals to commit terrorism, while Sections 8 and 9 deal with individual actions of proposing or inciting terrorism.
2. The penalties differ, with Section 7 imposing life imprisonment without parole, while Sections 8 and 9 carry a twelve-year prison sentence.
3. Section 7 specifically addresses the agreement between individuals, whereas Sections 8 and 9 focus on individual actions of proposing or inciting terrorism.
Similarities:
1. All three sections aim to prevent and punish acts related to terrorism defined in Section 4.
2. Each section carries severe penalties for involvement in terrorist activities, reflecting the gravity of the offenses.
3. They all address various forms of participation in or promotion of terrorist acts, emphasizing the importance of deterring and prosecuting such behavior.
A group of activists plan to hold a protest in front of a government building. They intend to express their grievances about environmental policies through loud chanting and holding large banners. The protest might cause some traffic disruption, but the organizers have no intention of violence or property damage.
Can the government prosecute the organizers under the Anti-Terrorism Act for their planned protest?
a) Yes, because causing traffic disruption can be a form of intimidation.
b) Yes, if the protest becomes too loud and disrupts government operations.
c) No, the protest activities fall under the exercise of civil and political rights protected by the Act.
d) No, but the government can impose limitations on the protest location and time.
Answer: c) No, the protest activities fall under the exercise of civil and political rights protected by the Act.
Legal Reasoning: Section 4 of the Act defines Terrorism with a key element being the intent to intimidate or DESTABILIZE.
While the protest might cause some inconvenience, it lacks the violent or DESTRUCTIVE INTENT required for a terrorism charge. Section 3 explicitly protects activities like protests and dissent as long as they remain peaceful.
T - DESTRUCTIVE INTENT
Omar receives online propaganda videos from a known terrorist organization. The videos glorify violence and urge viewers to join their fight. Omar doesn’t actively participate in planning or violence but shares the videos with his friends on social media.
Can Omar be charged with a crime under the Anti-Terrorism Act?
a) Yes, sharing the videos is considered inciting to commit terrorism.
b) Yes, possessing the videos is considered material support to terrorism.
c) No, sharing information alone is not enough without concrete action.
d) It depends on whether Omar knew the organization was designated as terrorist.
Answer: a) Yes, sharing the videos is considered inciting to commit terrorism.
Legal Reasoning: Section 9 of the Act penalizes anyone who “incites others to the execution” of terrorist acts through various means, including “writings” which can encompass online content.
By Sharing the propaganda videos, Omar is arguably Encouraging others to join the terrorist organization, potentially fulfilling the “inciting” element of the crime.
Lisa travels to a neighboring country to attend a training camp run by a known terrorist organization. She receives weapons training and learns how to make explosives. Upon returning to the Philippines, Lisa regrets her involvement and decides not to participate in any terrorist activities.
Can Lisa be charged with a crime under the Anti-Terrorism Act?
a) Yes, traveling for terrorist training is a crime regardless of her intent upon returning.
b) Yes, she can be charged with conspiracy to commit terrorism even if she changes her mind.
c) No, since she didn’t commit any acts of terrorism within the Philippines.
d) It depends on whether she disclosed her training to Philippine authorities.
.
Answer: a) Yes, traveling for terrorist training is a crime regardless of her intent upon returning.
Legal Reasoning: Section 11 of the Act criminalizes traveling to another country for the purpose of receiving terrorist training. Lisa’s actions clearly meet this element, and her later regret doesn’t erase the completed act of seeking training for potential future terrorism
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
- Anti-Terrorism Act – R.A. No. 11479, secs. 3-12,
Secs 25, 26, 29 and 36
Sections 25-36
- Designation by ATC - based on UN criteria; hence AMLC may F
- Detention - 10 + 14 days
- AMLC Freeze Order based on UN international obligations
Key Points on Designation and Asset Freeze under Anti-Terror Law:
1) Designation of Terrorist Groups (Sections 25 & 26):**
* The Anti-Terrorism Council (ATC) can designate individuals or groups as terrorists based on UN decisions or if they meet criteria for planning or committing terrorist acts as defined in the law.
* This designation can lead to freezing of their assets by the Anti-Money Laundering Council (AMLC) to prevent financing of terrorism.
Example: A group calling itself “Island Warriors” is known to be behind violent attacks against government outposts. The ATC can designate them as a terrorist organization.
2) Detention and Judicial Oversight (Section 29):**
* Law enforcement can hold terrorism suspects for up to 24 days without a warrant, but they must notify a judge and the Commission on Human Rights immediately.
* This extended detention period is allowed to give authorities time to gather evidence and prevent further terrorist acts, but there’s a requirement for proper legal representation and oversight.
Example: Police arrest someone suspected of involvement in a bombing. They can hold the suspect for 14 days and then request an extension from the court for another 10 days, if they can justify the need for additional investigation.
3) Asset Freeze Orders (Section 36):**
* The AMLC can freeze assets linked to financing terrorism or belonging to suspected terrorists.
* There’s a process for challenging the freeze order in court, but some UN-designated terrorist organizations’ assets can be frozen based on international obligations.
Example: The AMLC freezes bank accounts linked to a charity suspected of funneling money to a terrorist group. The charity can petition the Court of Appeals to challenge the freeze order.
A local charity called “Helping Hands” unknowingly receives a large donation from a company secretly owned by a designated terrorist organization. “Helping Hands” uses the donation to build a new school in a remote village. Can they be charged with financing terrorism under the Anti-Terror Law?
a) Yes, because they received funds from a terrorist organization.
b) No, because they used the funds for a legitimate purpose and lacked knowledge.
c) Maybe, it depends on whether the donation was a significant portion of their overall funding.
d) It’s unclear; further investigation is needed.
Answer: b) No, because they used the funds for a legitimate purpose and lacked knowledge.
Legal Reasoning: Section 4 of the Anti-Terror Law requires both willful INTENT & KNOWLEDGE that the funds are to be used for Terrorism.
“Helping Hands” unknowingly received the donation and used it for a legitimate purpose. There’s no evidence of willfulness or knowledge on their part.
Omar agrees to help his friend Khalid transfer a large sum of money to a foreign bank account. Khalid tells Omar the money is for an investment, but Omar suspects it might be used to fund a terrorist organization. Omar helps with the transfer anyway. What crime, if any, might Omar be charged with under the Anti-Terror Law?
a) Financing of Terrorism (Section 4)
b) Attempt to Commit Financing of Terrorism (Section 5)
c) Accomplice to Financing of Terrorism (Section 6)
d) Conspiracy to Commit Financing of Terrorism (Section 5)
Answer: c) Accomplice to Financing of Terrorism (Section 6)
Legal Reasoning: Omar doesn’t directly provide the funds or organize the transfer (eliminating Sections 4 and 5).
While he has suspicions, the law requires KONWLEDGE or REAasonable Belief (not just suspicion) for a financing charge. However, by assisting with the transfer despite his doubts, Omar could be considered an accomplice under Section 6 for cooperating in the execution of the crime.
A company called “Global Tech” is designated as a terrorist organization by the UN Security Council. A Philippine bank unknowingly holds a significant investment account belonging to “Global Tech.” What action, if any, must the Philippine bank take under the Anti-Terror Law?
a) Freeze the account immediately and report it to the authorities.
b) Continue managing the account as usual until instructed otherwise.
c) Investigate “Global Tech” to confirm the designation before taking action.
d) There’s no obligation to act; the designation applies to UN member states.
Answer: a) Freeze the account immediately and report it to the authorities.
Legal Reasoning: Section 25 of the Anti-Terror Law mandates AUTOMATIC Adoption of the UN Security Council’s list of designated terrorist organizations. Section 36 then requires the AMLC (Anti-Money Laundering Council) to freeze assets linked to such designations. The Philippine bank, upon learning of the designation, has an obligation to freeze the account and report it for further action.
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
- Terrorism Financing Prevention and Suppression Act – R.A. No. 10168,
secs. 4-9, 17 and 19
SECTIONS 17-19
Money Laundering Predicate
Extraterritorial application
NB - A predicate crime, also known as a predicate offense, is a crime that serves as a FOUNDATION for a more SERIOUS or COMPLEX crime.
The existence of the predicate crime is a NECESSARY ELEMENT for establishing guilt in the LARGER offense
Key Points on Anti-Terror Law: Predicate Offenses and Extraterritorial Application
1) Section 17: Financing of Terrorism as Money Laundering Predicate**
- Financing terrorism (Section 4) and related offenses (Sections 5-7) are considered predicate offenses for money laundering under Republic Act No. 9160 (Anti-Money Laundering Act).
- This means that funds obtained through these terrorist financing activities can be subject to money laundering investigations and reporting requirements.
Example: A charity is secretly used to funnel money to a terrorist group (financing of terrorism). The funds are then deposited into accounts to disguise their origin (money laundering).
2) Section 19: When the Anti-Terror Law Applies Outside the Philippines**
- The Anti-Terror Law can APPLY to individuals OUTSIDE the Philippines under certain conditions:
- Committing, planning, or conspiring to commit terrorist acts WITHIN Philippine TERRITORY (even if physically outside).
- Committing terrorist acts on Philippine flagged SHIPS or aircraft.
- Committing terrorist acts in Philippine EMBASSIES or diplomatic missions abroad.
- Committing terrorist acts against Philippine citizens or people of Philippine descent (where Ethnicity/Citizenship is a FACTOR in the crime) even if done outside the Philippines.
- Committing terrorist acts directly against the Philippine government (even if done outside the Philippines).
- Filipino nationals committing terrorist crimes abroad can also be prosecuted under this law.
- In cases where an alien cannot be extradited for a terrorist financing offense under an international treaty, the Philippines can prosecute them domestically.
Example: A person outside the Philippines plans and finances a bomb attack in a Philippine city (extraterritorial application).
A foreign national named Omar is suspected of financing a terrorist organization in the Philippines from his home country. The Philippines requests Omar’s extradition under an existing anti-terrorism treaty. However, Omar’s home country refuses extradition. What are the Philippines’ options under the Anti-Terror Law (Section 19)?
a) There’s nothing the Philippines can do; extradition is the only option.
b) The Philippines can prosecute Omar in absentia (without him being present).
c) The Philippines can try Omar domestically as if the crime happened within the Philippines.
d) The Philippines can take no action without Omar’s presence.
Answer: c) The Philippines can prosecute Omar domestically as if the crime happened within the Philippines.
Legal Reasoning: Section 19 ALLIWS the Philippines to PROSECUTE aliens for terrorist financing offenses EVEN if they are NOT EXtradited under a treaty.
In such cases, the Philippines can submit the case to the Department of Justice for domestic prosecution as if the crime occurred within the Philippines.
A Philippine charity called “Bayanihan” unknowingly receives a large donation from a company later discovered to be a front for a terrorist organization. “Bayanihan” uses the funds to build a medical clinic in an underserved community. They are then informed about the company’s designation as a terrorist entity. Can “Bayanihan” be charged with money laundering under the Anti-Terror Law (considering Section 17)?
a) Yes, because they received funds from a terrorist organization.
b) No, because they lacked knowledge of the source and used the funds for a legitimate purpose.
c) Maybe, it depends on whether they reported the suspicious donation to the authorities.
d) It’s unclear; further investigation is needed to determine their intent.
Answer: b) No, because they LACKED KNOWLEDGE of the source and used the funds for a legitimate purpose.
Legal Reasoning: Section 17 establishes financing of terrorism as a predicate offense for money laundering. However, money laundering requires knowledge that the funds are derived from illegal activities. Here, “Bayanihan” lacked knowledge of the company’s designation and used the donation for a legitimate purpose. Without knowledge of the illegal source, they cannot be charged with money laundering.
A group of fishermen on a small boat witness a larger vessel being boarded and raided by armed men in international waters near a Philippine border. The fishermen don’t intervene but later return to port and report the incident to the authorities. They also unknowingly purchase some stolen goods from the pirates at a discounted price. Under the Piracy and Highway Robbery Law, can the fishermen be charged with any crimes?
a) Piracy, for witnessing the crime without intervening.
b) Aiding pirates, for purchasing stolen goods unknowingly.
c) Neither piracy nor aiding pirates, as the events occurred outside Philippine Waters.
d) Both piracy (for witnessing) and aiding pirates (for buying stolen goods).
P- att or seiz
Answer: c) Neither piracy nor aiding pirates, as the events occurred outside Philippine Waters.
Legal Reasoning: Section 2(d) defines piracy as an attack or seizure of a vessel within Philippine Waters. The incident occurred in international waters, so Philippine piracy law doesn’t apply. Additionally, Section 4 requires knowledge of aiding pirates. While buying stolen goods might be suspicious, unknowingly doing so wouldn’t qualify as acting knowingly.
A jeepney filled with passengers is traveling on a remote highway when it’s flagged down by armed robbers. The robbers steal cash and phones from the passengers but do not injure anyone. What crime has been committed under this law, and what is the penalty range?
T of p through Vi on ph hW
Answer: Highway Robbery/Brigandage (Section 2(e)). The penalty is reclusion temporal in its minimum period (12 years) under Section 3(b).
Legal Reasoning: The act of taking property through violence or intimidation on a Philippine highway constitutes highway robbery/brigandage. Since no physical injuries occurred, the minimum penalty applies.
A passenger on a ferry traveling between two Philippine islands overhears a conversation between other passengers planning to hijack the ferry for ransom. The passenger discreetly informs the ferry captain but doesn’t participate in any way. Later, the police apprehend the would-be hijackers. Can the passenger who reported the crime be charged with any offense under this law?
Answer: No.
Legal Reasoning: The law (Section 4) penalizes those who KNOWINGLY HELP or abet piracy or highway robbery.
Merely reporting a planned crime without involvement or knowledge of the specific details doesn’t constitute aiding or abetting the crime. The passenger acted lawfully by informing the authorities.
A rebel group in a civil war captures a government soldier. They tie him to a post in a public market and spend hours beating him and subjecting him to public humiliation before ultimately killing him. This scenario most likely qualifies as a violation of:
a) Only war crimes under Section 4(a) because it involves a soldier.
b) Only crimes against humanity under Section 6 because it targets a civilian population.
c) Both war crimes under Section 4(b) and crimes against humanity under Section 6.
d) Neither war crimes nor crimes against humanity because it involves a single soldier.
Answer: c) Both war crimes under Section 4(b) and crimes against humanity under Section 6.
Legal Basis:
- War Crimes (Section 4(b)): This applies because the acts (cruel treatment, torture, killing) target a person hors de combat (OUT OF COMBAT) during a non-international armed conflict.
- Crimes Against Humanity (Section 6): This applies because the act is part of a widespread or SYSTEMATIC ATTACK on civilians (public humiliation, torture, killing).
During wartime, a military commander orders the bombing of a city known to be a major center for enemy industry and military production. However, the city also has a large civilian population. The bombing destroys numerous factories and military installations but also tragically kills thousands of civilians. This scenario would likely be a violation of:
a) War crimes for indiscriminate attacks causing excessive civilian casualties.
b) Crimes against humanity for targeting a civilian population.
c) Neither war crimes nor crimes against humanity because the target was an industrial center.
d) A violation of the law of war, but not necessarily a crime under this specific Act.
Answer: a) War crimes for indiscriminate attacks causing excessive civilian casualties.
Legal Basis:
- Section 4(c)(1) prohibits intentionally directing attacks against the civilian population as such or individual civilians.
- While the target included military objectives, the bombing caused excessive civilian casualties, potentially exceeding the concrete and direct military advantage anticipated. This would be a war crime.
A government facing a separatist movement detains and imprisons hundreds of people suspected of supporting the separatists. Many are held without trial, subjected to harsh conditions, and some are tortured for information. This scenario would likely qualify as a violation of:
a) War crimes only if the detainees are from another country.
b) Crimes against humanity because it targets a specific group and involves widespread imprisonment and torture.
c) Neither war crimes nor crimes against humanity because there is no ongoing armed conflict.
d) A human rights violation, but not necessarily a crime under this Act.
Answer: b) Crimes against humanity because it targets a specific group and involves widespread imprisonment and torture.
Legal Basis:
- Section 6 defines crimes against humanity as WIDESPREAD or SYSTEMATIC attacks on civilians, including imprisonment, torture, and persecution. This applies even without a declared war as long as the attack TARGETS A CIVILIAN POPULATION
Police arrest a man suspected of robbery and hold him in jail for questioning for 4 days without filing charges. They claim they are waiting for witness statements. On the 5th day, a lawyer for the detainee files a petition for habeas corpus. What is the MOST LIKELY offense committed by the police officers?
a) Arbitrary Detention (Article 124) - This applies because the detention exceeded 3 days without charges filed.
b) Delay in the Delivery of Detained Persons (Article 125) - This applies only if there was no legal ground for detention.
c) Both Arbitrary Detention and Delay in Delivery (Articles 124 & 125).
d) Neither, as the police have reasonable grounds to hold a suspect.
Answer: a) Arbitrary Detention (Article 124)
Legal Reasoning: Article 124 defines arbitrary detention as HOLDING a person WITHOUT legal grounds.
While the man was arrested on suspicion of robbery, exceeding 3 days in detention without filing charges likely qualifies as arbitrary detention under Article 124.
Article 125 deals with delays WHEN THERE IS A LEGAL GROUND for detention, which may not be the case here.
Immigration officers receive a tip that a foreigner might be staying illegally in a particular apartment building. Without a warrant, they enter several apartments and question the occupants. They do not find the foreigner but frighten several residents in the process. What offense(s) were likely committed by the officers?
a) Violation of Domicile (Article 128) only - The warrantless entry into residences is illegal.
b) Violation of Domicile (Article 128) and Abusing Authority - They exceeded their authority by not getting a warrant.
c) Trespassing and Harassment - These are not crimes under the Revised Penal Code.
d) All of the Above (a, b, and c)
Answer: a) Violation of Domicile (Article 128) only
Legal Reasoning: Article 128 prohibits public officers from entering a dwelling WITHOUT a judicial order or the owner’s consent.
The immigration officers violated the domicile of several residents by entering their apartments without a warrant. While abusing authority is certainly an issue, it is not a specific crime under this article. Trespassing and harassment are not relevant under the Revised Penal Code in this context.
A local government official orders the police to break up a peaceful rally protesting a new construction project in the city. The official believes the rally will cause traffic congestion. Is this legal under the Revised Penal Code?
a) Yes, the official has the authority to maintain public order.
b) No, this violates the right to peaceful assembly (Article 131).
c) This depends on whether the rally had a permit.
d) The Revised Penal Code does not cover freedom of assembly.
Answer: b) No, this violates the right to peaceful assembly (Article 131).
Legal Reasoning: Article 131 protects the right to hold peaceful meetings. The official’s reason for stopping the rally (traffic congestion) is not a legal ground under this article. The right to peaceful assembly is essential for a democracy, and the Revised Penal Code protects this right.
Examples of Limitations: MUST BE REASONABLE & NOT DISCRIMINATORY
Requiring a permit for large gatherings to manage crowd control and ensure safety.
Designating specific areas for protests to avoid obstructing traffic or hindering access to buildings.
Restricting the use of weapons or dangerous objects during assemblies.
A man walks into a church during a Sunday service and starts shouting slogans against the religious denomination. He is quickly apprehended by security and escorted out. What crime, if any, did he commit?
a) Interruption of Religious Worship (Article 132) - His shouting disturbed the ceremony.
b) Offending Religious Feelings (Article 133) - His slogans could be seen as offensive.
c) Both Interruption and Offending Feelings (Articles 132 & 133)
d) Neither, as freedom of speech protects his actions.
Answer: c) Both Interruption and Offending Feelings (Articles 132 & 133)
Legal Reasoning: Article 132 prohibits preventing or disturbing religious ceremonies. Shouting slogans in a church during a service would likely be a disturbance.
Additionally, Article 133 protects against acts offensive to religious feelings during worship. The man’s slogans could be interpreted as offensive under this provision. While freedom of speech is important, it has limitations, and the Revised Penal Code recognizes the right to religious freedom without disruption or offense.
III. REVISED PENAL CODE – BOOK TWO
D. Title Four - Crimes against Public Interest (Articles 161-187)
PART 2 OF 2
Usurpation of Authority - impersonation of public official with public trust, not applicable to private individuals
Using Fake name to HIDE a CRIME or CAUSE HARM
False testimony - lying under oath
Fraud
NB “under oath” has a specific legal meaning.
It signifies that a person
a) has made a sworn statement,
b) affirming the truthfulness of their words, &
c) with the understanding that there could be legal consequences for perjury if they lie
Key Points on Other Falsities and Frauds (Revised Penal Code)
Section One: Usurpation of Authority, Rank, Title, and Improper Use of Names (Articles 177-179)**
- Focuses on pretending to be someone you’re not.
-
Article 177: Impersonating a government official or representative to perform official acts.
- Example: Wearing a police uniform to pull someone over and steal their valuables.
-
Article 178: Using a fake name to hide a crime, evade legal consequences, or cause harm.
- Example: A fugitive using an alias to avoid capture.
-
Article 179: Illegally wearing uniforms or insignias of a position or group you don’t belong to.
- Example: Wearing a doctor’s coat to appear medically qualified when you’re not.
Section Two: False Testimony (Articles 180-184)**
- Deals with lying under oath in court or official proceedings.
- Severity of penalties depends on who is being lied about (defendant vs. prosecution in criminal cases) and the outcome of the case.
- Article 180: Perjury against the defendant (harshest penalty).
- Article 181: Perjury favoring the defendant (lesser penalty).
- Article 182: Lying under oath in civil cases.
- Article 183: Making false statements under oath in non-court proceedings.
- Example: A witness lying in court to protect a friend from criminal charges (Article 180 or 181).
Section Three: Frauds (Articles 185-187)**
- Focuses on deceitful practices in business and commerce.
-
Article 185: Machinations in public auctions - trying to unfairly influence bidding.
- Example: Threatening competitors to stay away from an auction to buy an item cheaper.
-
Article 186: Monopolies and restraints of trade - agreements to limit competition and raise prices.
- Example: Several rice producers forming a cartel to control rice prices.
- Article 187: Importation and sale of falsely marked precious metals - selling gold jewelry with a fake stamp indicating higher purity than it actually is.
Memorization Tip: Remember that Section One deals with pretending to be someone you’re not, Section Two focuses on lying under oath, and Section Three covers dishonest business practices.
A security guard witnesses an armed robbery at a convenience store. The next day, he goes to the police station and, wanting to appear important, claims to be a detective with the National Bureau of Investigation (NBI). He provides the police with a description of the suspect.
Which crime, if any, did the security guard commit?
a) Usurpation of Authority (Article 177) - He pretended to be an NBI detective.
b) Illegal Use of Uniform or Insignia (Article 179) - Security guards are not law enforcement officers.
c) False Testimony (Article 180-184) - There is no testimony in this scenario.
d) None of the above.
Answer: a) Usurpation of Authority (Article 177)
Legal Reasoning: Article 177 applies because the security guard falsely represented himself as an NBI detective, a government official, to perform an act (providing information to the police) associated with that position.
While he did not wear an NBI uniform (Article 179), his claim to be a detective constitutes a misrepresentation of his authority. There is no indication of false testimony under oath (Article 180-184).
A company that manufactures generic drugs pays a competitor to stop producing a specific generic medication. This creates a shortage in the market, allowing the first company to significantly raise the price of their drug.
Which crime, if any, did the company that paid the competitor commit?
a) Machinations in Public Auctions (Article 185) - This applies only to auctions, not general market practices.
b) Monopolies and Restraints of Trade (Article 186) - This prohibits agreements to limit competition.
c) Frauds (Article 187) - This section deals with false marking of goods, not pricing.
d) None of the above.
Answer: b) Monopolies and Restraints of Trade (Article 186)
Legal Reasoning: Article 186 prohibits any AGREEMENT or conspiracy To LIMIT COMPETITION in the market. In this scenario, the company paying its competitor to stop production creates an artificial shortage, effectively reducing competition and allowing them to raise prices. This falls under the umbrella of restraints of trade prohibited by this article.
A lawyer convinces her client to lie under oath during a civil trial about the ownership of a parcel of land. The client, following the lawyer’s advice, testifies falsely about his claim to the land.
Which crimes, if any, were committed?
a) Perjury against the Defendant (Article 180) - This applies only in criminal cases.
b) Perjury favoring the Defendant (Article 181) - The client lied in his own favor.
c) False Testimony in Civil Cases (Article 182) - The lawyer did not testify.
d) Both b) and c) - The client committed perjury, and the lawyer is liable for aiding the crime.
Answer: d) Both b) and c) - The client committed perjury (Article 181) by giving false testimony under oath in a civil case (Article 182). The lawyer is criminally liable for advising and convincing her client to commit perjury.
A company imports a large shipment of watches. The watches are made of a metal alloy with a lower gold content than what is indicated by the label.
Which crime, if any, did the company commit?
a) Machinations in Public Auctions (Article 185) - This applies only to deceptive practices during auctions.
b) Monopolies and Restraints of Trade (Article 186) - This deals with competition, not product quality.
c) Importation of Falsely Marked Articles (Article 187) - The watches are labeled inaccurately.
d) Frauds (Article 187) - This is a general category, but other articles may be more specific.
Answer: c) Importation of Falsely Marked Articles (Article 187)
Legal Reasoning: Article 187 specifically prohibits the importation and sale of articles (like watches) made of precious metals (or alloys) with misleading stamps or marks that fail to indicate the actual quality or fineness of the metal. The lower gold content than what is labeled constitutes a false mark. While Article 187 is under the general category of Frauds, it directly applies to this scenario.
A local government official alters a construction permit to change the approved building height from 3 floors to 5 floors. He then issues the modified permit to the developer.
Which crime, if any, did the government official commit?
a) Counterfeiting Currency and Government Documents (Articles 161-166) - This applies to money and national government documents, not local permits.
b) Falsifying Public and Private Documents (Articles 167-173) - This covers altering a government-issued document.
c) Falsifying Medical Certificates and Certificates of Merit (Articles 174-175) - This applies only to specific certificates.
d) Manufacturing Implements for Falsification (Article 176) - There’s no creation of tools involved.
Answer: b) Falsifying Public and Private Documents (Articles 167-173)
Legal Reasoning: Article 161-166 deal with counterfeiting currency and national government documents. Here, a local construction permit, a government-issued document (public), is being altered (falsified). The severity of penalties within Articles 167-173 will depend on the specific type of public document tampered with, but Article 171 applies to public officers who falsify documents by altering them, which is the case here.
A company prints and sells certificates claiming that their new product can cure all types of cancer. These certificates are designed to look like official medical certifications. The product itself is a simple vitamin supplement with no proven medicinal effects.
Which crime, if any, did the company commit?
a) Counterfeiting Currency and Government Documents (Articles 161-166) - These are not government documents related to currency.
b) Falsifying Public and Private Documents (Articles 167-173) - The certificates are not real medical documents.
c) Falsifying Medical Certificates and Certificates of Merit (Articles 174-175) - The certificates falsely claim medical benefits.
d) Manufacturing Implements for Falsification (Article 176) - The company created fake documents, not tools.
Answer: c) Falsifying Medical Certificates and Certificates of Merit (Articles 174-175)
Legal Reasoning: While the certificates are not official government medical documents (Article 167-173), Article 174 applies because they are fake certificates that falsely claim medical benefits for a product, making them a type of falsification specifically targeted in this article.
III. REVISED PENAL CODE – BOOK TWO
C. Title Three - Crimes against Public Order (Articles 134-160)
Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Legislative meetings - Preventing or Disturbing is a crime
Violation of Parliamentary immunity - Note that Legislators can not be Arrested EXCEPT IN SERIOUS (grave felony RP, Li & prision mayor/6 years minimum) CRIMES while Congress is in session
Section One: Disrupting Legislative Meetings (Articles 143 & 144)
-
Article 143: Penalizes preventing legislative meetings (Congress, provincial boards, city councils) through force or fraud.
- Example: Blocking the entrance to a government building to prevent legislators from attending a session.
-
Article 144: Penalizes disturbing legislative meetings or behaving disrespectfully during sessions.
- Example: Shouting or causing a commotion during a city council meeting.
Section Two: Violation of Parliamentary Immunity (Article 145)
-
Article 145: Protects legislators from threats or force to prevent them from attending sessions or voting. Public officers cannot arrest legislators (except for serious crimes) while Congress is in session.
- Example: Threatening a Senator to stop them from voting on a particular bill.
A group of protestors gather outside the Congress building, demanding a change in government policy. The protest becomes violent, with some protestors throwing rocks and breaking windows. The protestors manage to occupy the building for several hours before dispersing.
Which crime, if any, was committed?
a) Rebellion/Insurrection (Article 134) - This requires armed force to overthrow the government.
b) Coup d’Etat (Article 134-A) - This focuses on seizing power, not policy change.
c) Sedition (Article 139) - The violence and disruption target the government’s function.
d) Both a) and c) - The violence and intent to disrupt government functions are present.
Answer: c) Sedition (Article 139)
Legal Reasoning:
- Rebellion/Insurrection requires armed force and intent to overthrow the government, which is not present here.
- Coup d’Etat focuses on seizing power, not policy change.
- Sedition applies because the violent protest aimed to disrupt the government’s function (holding sessions in the Congress building) and achieve a political end (policy change).
While there wasn’t an overthrow attempt, the violent disruption aligns with the elements of sedition.
A high-ranking military official delivers a public speech criticizing the government’s handling of the recent economic crisis. He encourages peaceful demonstrations and civil disobedience to pressure the government for change.
Which crime, if any, was committed?
a) Rebellion/Insurrection (Article 134) - The speech does not advocate violence.
b) Coup d’Etat (Article 134-A) - There’s no attempt to seize power by force.
c) Sedition (Article 139) - The speech could incite public disorder.
d) Inciting to Sedition (Article 142) - The speech encourages actions outside legal means.
Answer: d) Inciting to Sedition (Article 142)
Legal Reasoning:
- Rebellion/Insurrection and Coup d’Etat are not applicable due to the lack of violence or attempt to seize power.
- Sedition itself requires a violent act, which is not present here.
- However, Article 142 on Inciting to Sedition applies. The military official’s speech, while advocating for peaceful demonstrations, also encourages civil disobedience, which can be seen as advocating ACTIONS OUTSIDE LEGAL MEANS to achieve a political end (economic policy change).
III. REVISED PENAL CODE – BOOK TWO
C. Title Three - Crimes against Public Order (Articles 134-160)
Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
— gathering to commit a crime or illegal acts
Key Points on Illegal Assemblies and Associations (Revised Penal Code)
A) Article 146: Illegal Assemblies**
* Punishes gatherings with armed people planning crimes or inciting violence against authorities.
* Example: A group gathers with weapons, listening to a speaker urging them to attack a police station (crime of assault upon a person in authority).
B) Article 147: Illegal Associations**
* Targets groups established to commit crimes or promote immorality.
* Example: Founding a group that trains members to steal cars (crime punishable under the Code) or a society promoting violence and hatred.
III. REVISED PENAL CODE – BOOK TWO
C. Title Three - Crimes against Public Order (Articles 134-160)
Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
DA (when & why) vs IndA - both use force or intimidation so 1ST who are PiAuth & Agents of PiA
- PiA = those vested with powers to ENFORCE the Law like Judge, Mayor,
- Agents of Pia = BY ELECTION, or BY APPOINTMENT OF public authority, arethose in charge of Peach & Order like Police, Tanod, BIR agents, postmaster, municipal treasurer
COMMON FACTORS:
a) Employment of Force or Intimidation: Both offenses involve the use of force or intimidation.
b) Purpose: The force or intimidation is employed for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition but WITHOUT PUBLIC UPRISING
c) Victim: The victim of the assault is a person in authority or any of his agents.
d) WHEN: The assault occurs while the person in authority or his agents are engaged in the performance of official duties or on the occasion of such performance.
Rules to Memorize:
1) No indirect assault, if there is No Direct Assault
2) Person who helped a PiA, becomes APia, so when attacked its DIRECT ASSAULT
3) but a person who helped APIA, that person does NOT become APia, so when attacked it is INDIRECT ASSAULT
4)
Resistance & Disobedience -
- use this offense if resistance to Pia or APia is not a serious resistance
- catch provisions if its not Direct Assault or Indirect assault, IF THE FORCE is Serious - it is Direct assault; if the force or intimidation is NOT Serious = its Resistance & Disobedience
Key Points on Assaulting, Resisting, and Disobeying Authorities (Revised Penal Code)
These articles define and penalize acts of violence, intimidation, or disobedience towards people in authority (e.g., police officers, government officials, teachers) while they perform their duties.
A) Levels of Offenses:**
-
Direct Assault (Article 148): Using force, intimidation, or laying hands on a person in authority while they are working. The penalty increases if weapons are involved or the offender is a public officer.
- Example: Attacking a police officer with a knife while they are arresting someone (serious assault).
-
Indirect Assault (Article 149): Using force or intimidation to stop someone from helping a person in authority.
- Example: Threatening a witness to prevent them from testifying in court.
-
Disobedience to Summons (Article 150): Refusing to appear when called to testify before Congress or other official bodies, or preventing others from doing so.
- Example: Ignoring a court subpoena to appear as a witness.
-
Resistance and Disobedience (Article 151): Resisting or disobeying lawful orders from a person in authority or their agents (e.g., security guards). The severity of the penalty depends on the seriousness of the disobedience.
- Example: Refusing to show identification during a lawful police stop (serious disobedience).
B) Who is Considered a Person in Authority?**
- The law defines people in authority broadly, including judges, government officials, and even teachers while they are supervising students.
- Barangay captains, security guards assisting authorities, and people helping to maintain public order are also considered agents of a person in authority.
III. REVISED PENAL CODE – BOOK TWO
C. Title Three - Crimes against Public Order (Articles 134-160)
Chapter Five
PUBLIC DISORDERS
REBELLION, SEDITION AND DISLOYALTY
1. Rebellion or insurrection
2. Coupd’etat
3. Conspiracy and proposal to
commit coup d’etat, rebellion or
insurrection
4. Disloyalty of public officers or
employees
5. Inciting a rebellion/insurrection
6. Sedition
7. Conspiracy to commit sedition
8. Inciting to sedition
Sure! Here’s a summary of each article along with an example to illustrate the concept:
Article 134. Rebellion or insurrection
- Summary: Publicly taking arms against the government to REMOVE ALLEGIANCE from any part of the Philippines.
- Example: A group of armed individuals publicly declare they are seceding a province from the Philippines.
Article 134-A. Coup d’etat
- Summary: Swift, violent, or stealthy attack against the government to SEIZE or diminish STATE POWER
- Example: Military officers take over a government building and declare control over the country.
Article 135. Penalty for rebellion, insurrection, or coup d’etat
- Summary: Leaders face reclusion perpetua; participants face reclusion temporal; various penalties based on involvement.
- Example: The leader of a rebellion is sentenced to life imprisonment.
Article 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
- Summary: Conspiracy and proposal are punishable by specific prison terms and fines.
- Example: Individuals planning a coup d’etat are caught and sentenced to prision mayor.
Article 137. Disloyalty of public officers or employees
- Summary: Failure of public officers to resist rebellion or continuing duties under rebel control is punishable.
- Example: A mayor continues working under a rebel government and is sentenced to prison.
Article 138. Inciting a rebellion or insurrection
- Summary: Inciting rebellion through speeches, writings, etc., is punishable by prision mayor.
- Example: A speaker encourages a crowd to rebel against the government.
Article 139. Sedition
- Summary: Tumultuous public uprising to achieve certain objectives like preventing laws or elections.
- Example: A group disrupts a local election to prevent it from taking place.
Article 140. Penalty for sedition
- Summary: Leaders face prision mayor; participants face prision correccional and fines.
- Example: The leader of a sedition movement is sentenced to several years in prison.
Article 141. Conspiracy to commit sedition
- Summary: Conspiring to commit sedition is punishable by prision correccional and fines.
- Example: Individuals planning a sedition are arrested and sentenced.
Article 142. Inciting to sedition
- Summary: Inciting sedition through speeches or publications is punishable by prision correccional and fines.
- Example: An author publishes a pamphlet urging the overthrow of the government.
Article 143. Act tending to prevent the meeting of the Assembly and similar bodies
- Summary: Preventing the meeting of legislative bodies by force or fraud is punishable.
- Example: A protester blocks the entrance to Congress, preventing a session.
Article 144. Disturbance of proceedings
- Summary: Disturbing the meetings of legislative bodies is punishable by arrest or fines.
- Example: A person shouts and disrupts a congressional hearing.
Article 145. Violation of parliamentary immunity
- Summary: Using force or fraud to prevent a member of Congress from attending or performing duties is punishable.
- Example: An officer arrests a congressman to prevent him from voting.
Article 146. Illegal assemblies
- Summary: Organizing or attending armed meetings for illegal purposes is punishable.
- Example: A group meets to plan a rebellion and is arrested.
Article 147. Illegal associations
- Summary: Founding or joining associations for illegal purposes is punishable.
- Example: Members of a group formed to overthrow the government are arrested.
Article 148. Direct assaults
- Summary: Using force or intimidation against authorities without a public uprising is punishable.
- Example: A person attacks a police officer during an arrest.
Article 149. Indirect assaults
- Summary: Using force or intimidation against someone aiding authorities is punishable.
- Example: A bystander attacks someone helping a police officer.
Article 150. Disobedience to summons
- Summary: Refusing to obey a summons from legislative or constitutional bodies is punishable.
- Example: A witness refuses to testify before Congress.
Article 151. Resistance and disobedience to a person in authority
- Summary: Resisting or disobeying authorities while performing duties is punishable.
- Example: A person refuses to comply with a lawful police order.
Article 152. Persons in authority and agents of persons in authority
- Summary: Defines who are considered persons in authority and their agents.
- Example: A teacher preventing a fight in school is considered a person in authority.
Article 153. Tumults and other disturbance of public orders
- Summary: Causing serious disturbances in public places or meetings is punishable.
- Example: A group causes a riot during a public event.
Article 154. Unlawful use of means of publication and unlawful utterances
- Summary: Publishing false news or encouraging disobedience to the law is punishable.
- Example: A newspaper publishes false information leading to public panic.
Article 155. Alarms and scandals
- Summary: Causing public disturbances through various actions is punishable.
- Example: Someone sets off fireworks in a crowded area, causing panic.
Article 156. Delivery of prisoners from jails
- Summary: Helping prisoners escape from jail is punishable.
- Example: A person bribes a guard to help a prisoner escape.
Article 157. Evasion of service of sentence
- Summary: Escaping from prison while serving a sentence is punishable.
- Example: A convict breaks out of jail and is caught later.
Article 158. Evasion of service of sentence during calamities
- Summary: Escaping during a disaster and failing to return within 48 hours is punishable.
- Example: A prisoner escapes during an earthquake but does not return.
Article 159. Other cases of evasion of service of sentence
- Summary: Violating conditional pardon conditions is punishable.
- Example: A pardoned convict breaks the terms of their release and is re-imprisoned.
Article 160. Commission of another crime during service of penalty
- Summary: Committing a new crime while serving a sentence results in harsher penalties.
- Example: A convict commits theft while in prison, receiving a longer sentence.
A group of protestors are blocking a road during a demonstration. When a police officer instructs them to disperse, they refuse and begin shouting at the officer. The situation becomes tense, but no physical violence occurs.
What crime, if any, was committed?
a) Direct Assault (Article 148) - There was no use of force or laying hands on the officer.
b) Indirect Assault (Article 149) - Not applicable, protestors are not targeting someone helping the police.
c) Disobedience to a Person in Authority (Article 151) - This applies as the protestors are resisting a lawful order (dispersing).
d) Disobedience to Summons (Article 150) - This applies only to ignoring a court order to appear as a witness.
Answer: c) Disobedience to a Person in Authority (Article 151)
Legal Reasoning:
- Direct and Indirect Assault (Articles 148 & 149) require physical force or intimidation. While the situation is tense, there’s no violence.
- Disobedience to Summons (Article 150) is irrelevant here as it deals with court appearances.
- Disobedience to a Person in Authority applies because the protestors are actively resisting a lawful order from a police officer (to disperse) while they perform their official duty (maintaining public order).
A security guard at a mall attempts to stop a shoplifter who has stolen a phone. The shoplifter struggles and shoves the guard to escape. The guard manages to apprehend the shoplifter with the help of other customers.
What crime, if any, did the shoplifter commit?
a) Direct Assault (Article 148) - The security guard is an agent of a person in authority.
b) Indirect Assault (Article 149) - Not applicable, the shoplifter is not targeting someone helping an authority figure.
c) Resistance and Disobedience (Article 151) - This can apply, but a stronger offense is possible.
d) All of the above - The shoplifter’s actions can be considered all three crimes.
Security guard is not appointed by public authority or by election to be vested with maintaining Peace & Order. So he is not a APIA.
Physical Injuries (Articles 262-268): If an attack results in physical injuries to the security guard, the perpetrator could be charged under the provisions relating to physical injuries, depending on the severity of the injuries inflicted.
Under Philippine law, a security guard is not considered an agent of a person in authority. Instead, they are private individuals employed by security agencies or companies to protect private property, enforce rules within their assigned premises, and ensure the safety of people and assets. They do not possess the same legal authority as agents of a person in authority, such as police officers or government officials.
A lawyer is representing a client in court. During the cross-examination of a witness, the lawyer becomes agitated and argues loudly with the judge, refusing to acknowledge the judge’s instructions to maintain decorum.
What crime, if any, did the lawyer commit?
a) Direct Assault (Article 148) - There was no physical violence.
b) Indirect Assault (Article 149) - Not applicable, the lawyer is not targeting someone helping the judge.
c) Disobedience to a Person in Authority (Article 151) - The lawyer is resisting a judge’s lawful orders in court.
d) All of the above - The actions don’t constitute a direct assault but could be other crimes.
Answer: c) Disobedience to a Person in Authority (Article 151)
Legal Reasoning:
- Direct and Indirect Assault (Articles 148 & 149) are not applicable as there’s NO PHYSICAL VIOLENCE or INTIMIDATION towards another person.
- Disobedience to a Person in Authority applies because a judge is a person in authority, and the lawyer’s actions constitute resisting the judge’s lawful orders to maintain order in court (decorum).
A local artist creates a sculpture that some community members find offensive due to its nudity and abstract portrayal of human figures. The artist argues it has artistic merit and is intended to be displayed in a private gallery, not a public space.
Can the artist be charged with a crime under these articles?
a) Yes, under Grave Scandal (Article 200) for creating offensive art.
b) Yes, under Immoral Doctrines (Article 201) if the sculpture promotes immorality.
c) No, the law protects artistic expression, and the sculpture is displayed privately.
d) It depends on whether the court finds the sculpture obscene based on the legal definition.
Answer: d) It depends on whether the court finds the sculpture obscene based on the legal definition.
Legal Reasoning:
- Article 200 (Grave Scandal) applies TO PUBLIC ACTS, and the sculpture is intended for a Private gallery.
- Article 201 (Immoral Doctrines) doesn’t apply as it targets PROMOTING IDEAS, not necessarily artistic expression.
- However, the artist could potentially be charged under Article 201(3) for selling or exhibiting obscene literature or sculptures. But the key question is whether the sculpture meets the legal definition of obscene.
- Obscenity is judged based on the community’s standards, the artistic value of the work, and Whether its purpose is to appeal to prurient interests (arouse SEXUAL desire).
If the sculpture has artistic merit and isn’t solely focused on sexual gratification, it might be protected expression.
- Obscenity is judged based on the community’s standards, the artistic value of the work, and Whether its purpose is to appeal to prurient interests (arouse SEXUAL desire).
A political candidate delivers a speech at a rally, advocating for policies that some people find morally objectionable, such as legalizing prostitution.
Can the candidate be charged with a crime under these articles?
a) Yes, under Grave Scandal (Article 200) for promoting immoral ideas.
b) Yes, under Immoral Doctrines (Article 201) for advocating against traditional morals.
c) No, the law protects freedom of speech, even for unpopular views.
d) It depends on the specific content and language used in the speech.
Answer: c) No, the law protects freedom of speech, even for unpopular views.
Legal Reasoning:
- Article 200 (Grave Scandal) applies to public acts that violate decency, not expressing political views.
- Article 201 (Immoral Doctrines) targets publicly advocating ideas that go against public morals.
However, freedom of speech is a protected right, and unless the candidate incites violence or hatred, expressing views on legalizing prostitution (even if controversial) is generally allowed.
A convenience store sells magazines with scantily clad models on the cover, alongside other everyday products.
Can the store owner be charged with a crime under these articles?
a) Yes, under Grave Scandal (Article 200) for selling offensive material.
b) Yes, under Immoral Doctrines (Article 201) if the magazines are deemed obscene.
c) No, the magazines are not necessarily obscene and cater to adult customers.
d) It depends on whether there are complaints about the magazines being offensive.
Answer: b) Yes, under Immoral Doctrines (Article 201) if the magazines are deemed obscene.
Legal Reasoning:
- Article 200 (Grave Scandal) is unlikely to apply here as the sale is not a public ACT (movement) of indecency.
- Article 201(3) applies to selling obscene materials. Whether the magazines with scantily clad models meet the legal definition of obscene depends on the specific content, artistic merit, and if their primary purpose is to appeal to prurient interests.
If the magazines are mainly focused on sexual gratification with little to No Artistic value, they could be considered obscene. NO Artistic Value, only sexual = Obscene
However, the presence of complaints might be considered as evidence that the content is offensive to some in the community.
F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)
1. Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by B.P. Blg. 195 and R.A. No. 10910, secs. 2-6, 9 and 11
Define Key terms
This law defines
“Government” to include all branches and agencies,
“Public Officer” as anyone employed for pay by the government, “Receiving any gift” as accepting something of value from someone outside the family,
and
“Person” as both individuals and organizations.
F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)
1. Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by B.P. Blg. 195 and R.A. No. 10910, secs. 2-6, 9 and 11
SECS 4-6
Section 4: Prohibition on Private Individuals with Family/Close Relations to Public Officials**
* Key Point: This section PREVENTS individuals from USING their family or close PERSONAL TIES to public officials to GAIN UNFAIR advantages in government dealings.
* Who is Prohibited? Anyone with a family relation (spouse, relatives by blood or marriage up to 3rd degree) or close personal connection (close friend, social/fraternal ties, professional relationships) to a public official.
* What is Unlawful? Directly or indirectly requesting or receiving gifts, presents, or FINANCIAL BENEFFITS from someone doing business with the government, where the public official has a role in the transaction.
* Example: A businessperson offers a significant discount on a car to the child of a government minister in charge of awarding a contract for new vehicles. This could be seen as the businessperson trying to influence the contract award through the minister’s child.
Section 5: Prohibition on Certain Relatives of High-Ranking Officials**
* Key Point: This section restricts spouses and close relatives (up to 3rd degree) of the President, Vice President, Senate President, or Speaker of the House from intervening in government business transactions.
* Who is Prohibited? Spouses and close relatives of the aforementioned high-ranking officials.
* What is Unlawful? Directly or indirectly INTERVENING in any business dealings with the government (contracts, applications, etc.).
* Exceptions:
* Pre-existing business relationships before the official took office.
* Ongoing transactions or applications already in process.
* Applications with automatic approvals based on legal requirements, not official discretion.
* Actions lawfully performed in an official capacity or professional role.
* Example: The President’s brother-in-law cannot secure a government contract for his construction company unless he can demonstrate it was a pre-existing business relationship or the contract award is purely based on legal requirements.
Section 6: Prohibition on Members of Congress and Public Officers**
* Key Point: This section prevents MEMBERS of Congress and other public officers from using their positions to gain personal financial benefits from laws or resolutions they influence.
* Who is Prohibited? Members of Congress and public officers who recommend or author legislation.
* What is Unlawful?
* Acquiring a personal financial interest in a business directly benefiting from a law or resolution they authored or recommended during their term.
* Continuing to hold such an interest for 30 days after the law/resolution’s approval.
* Example: A Senator authors a law providing tax breaks for a specific industry. If they then purchase shares in a company within that industry, they would be violating this section.
These sections highlight the importance of ethical conduct and preventing conflicts of interest.
A government official is responsible for reviewing applications for food truck permits. A local restaurant owner applies for a permit and offers the official a free meal voucher for their restaurant chain as a token of appreciation if their application is successful. The official politely declines the voucher and approves the permit because the restaurant met all the requirements.
Does the official’s action violate R.A. 3019 (Section 3)?
a) Yes, accepting anything of value, even a small token, is considered a bribe. (b)
b) No, the official did not solicit or receive the voucher and approved the permit based on merit. (d)
c) It depends on the value of the voucher; a small amount might be acceptable.
d) The situation is unclear; more information about the value of the voucher is needed.
Answer: b) No, the official’s action does not violate R.A. 3019 (Section 3).
Legal Reasoning:
- The law focuses on public officials who solicit or receive gifts, benefits, or advantages IN CONNECTION with their official duties (e.g., approving permits).
- In this case, the official declined the offer and based the permit approval on meeting the requirements, not on the offer.
