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CRIMINAL LAW REVIEW LECTURE NOTES Page 1 of 60Justice Callejo | 4A | I-2009 CG Meneses

DISCLAIMER: READ AT YOUR OWN RISK. Case titles and/or citations may be wrong. Other information may be also be wrong or incomplete. For corrections and additions, inform me ASAP.

5 July 2009

BOOK I

Art. 3

FELONY BY DOLO

Mens rea physical act / overt actMens reum mental act voluntariness, intelligence

Without mental act, Art. 11 comes in

Overt act punishable by RPC in Lizada ruling preparatory acts

DELIBERATE INTENTIntent state of the mind; a determination to do an act or omission;purpose of the mind, including knowledge

Deliberate with malice; with knowledge that act or omission is acrime

Presumption of Criminal Intent rebuttable

Accidental without intervention of human free will

People v. Ojeda, 430 S 436Concurrence of intelligence, voluntariness, and intentAct which is malicious continues up to the consummation of the crime

General or Specific IntentGeneral Intent presumed on acts which fall under dolo

Specific Intent lewd design, i.e., intent to gain, intent to kill;presumed from crimes which require specific intent as an element of

the crime

Requirement for Crimes by OmissionPositive duty under the law which mandates offender to dosomething, and he deliberately refuses to do such duty

Felony by omission may be committed by culpa Art. 365 appliesi.e., misprision of treason, failure to render accounts, failure to issuereceipts, prevaricacion

MISTAKE OF FACT People v. Ah ChongCrime committed BUT no criminal liabilityAbsolutory causeAvailable only in felony by DOLO because act was deliberate

There is no such defense as MISTAKE OF LAW

People v. OanisCrime cannot exist when the will does not concurNegligence no mistake of fact

MOTIVENot an element of the felonyImportant in cases when the identity of the perpetrator is NOT clearAlso IMPORTANT WHEN THE CRIME IS POLITICAL IN NATURE

FELONY BY CULPA

Must be voluntaryMind is free to actDifference act is incident to imprudence, negligence, lack offoresight, or lack of skill

Quizon v. Justice, 97 P 342Reckless imprudence is a distinct felony by itself

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People v. Delos Santos

Culpa by Art. 3 and Art. 48

Article 365 DOES NOT ALWAYS APPLYi.e., Art. 217, infidelity in the custody of prisoners; frustrated felonies

People v. Patalinghug, 318 S 116Also, NO CONSPIRACY TO COMMIT NEGLIGENCE

ERROR IN PERSONAEPeople v. Nepomuceno, 298 S 450Intentional felony NOT culpable felony deliberate intent or act isinconsistent with reckless imprudence

MALA IN SEGenerally, all felonies in the RPCCriminal intent is required

MALA PROHIBITAPunished by special penal lawsEXCEPT when act is patently immoral, or when intended otherwiseby Congress, i.e., plunder under RA No. 7080(Estrada v. Sandiganbayan)

What if law requires special intent?See RA No. 8294, possession of illegal firearms lack of intent topossess

Anti-Fencing Law lack of knowledge that item was stolen; lack ofintent to gain

People v. ComadreRA no. 8294 amended Art. 14 of the RPCIn the crime of homicide or murder, use of unlicensed firearms anaggravating circumstance

Trust Receipts Law (PD No. 115)

Malum prohibitum, as element of estafa (Art. 315)

Bouncing Checks Law (BP Blg. 22)

Large Scale Illegal Recruitment two offenses for same delictual act

Art. 4Liability exists even if crime committed be different that that whichwas intended THE LAW IS AFTER THE RESULT

Liability FOR WHAT WAS COMMITTED, NOT WHAT WASINTENDED

Error in personaeAberratio ictusPraeter intentionem

Article 4(1) presupposes an intentional act; thus, INCONSISTENT

WITH CULPA

Proximate CausePresumption of knowing all natural and logical consequences of anactThe cause of the cause of the evil caused

Implied conspiracyInstantaneous acts

Lack of specific intent

Death presumption of INTENT TO KILL; automatic liability forhomicide

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Art. 5

Administrative Circular on Bouncing Checks Law by the SC foralternative penalties imprisonment OR fine depending on gravity ofcircumstances

Libel AM No. 08-2008

Brillante v. CA, 474 S 480People v. VeneracionPeople v. Parazo

Art. 6

In crimes against persons TO BE FRUSTRATED, WOUND MUSTBE MORTAL (FATAL) to produce all acts of execution

When is the wound mortal?Depends on the doctor medical opinion

Lazaro v. PeopleDepends on the circumstances DO NOT RELY ON THE INITIALWOUND

13 July 2009

Art. 11

State v. Green, 110 SE 145Simpson v. State, 59 Ala 1

DEFENSE OF PROPERTY RIGHTS According to Supreme Court of Spain, allowed only when there is an

assault to the person entrusted with the care or custody of theproperty, i.e., the lawful owner or possessor

People v. Apolinar, 38 OG 2___

People v. NarvaezProperty right in relation to Art. 249 of the Civil Code, also in relationto Art. 11 of the RPC

Justice Callejo: one may only be justified in killing another when in defense of property, assault is committed on the person

DEFENSE OF RELATIVESPeople v. Bates, 403 S 95If relative being defended provoked the offended party, persondefending may invoke self-defense if he did not know of such fact

What rights are covered?People v. Rebutado, 417 S 393Right to life, right to honor, right to property

STATE OF NECESSITYTy v. People, 439 S 420State of necessity must not be brought about by the overt acts ornegligence of the offender, otherwise, Art. 365 comes into play

FULFILLMENT OF DUTYWith self-defense see Cabanlig v. Sandiganbayan

OBEDIENCE TO SUPERIOR ORDER Nassif v. People, 73 P 69Private individuals CAN INVOKE obedience to superior order

Art. 12

EXEMPTIONS

Ortega v. People, 20 Aug 2008

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Complete absence of intelligence, no intent, no negligence, no freewill

RA No. 9344 minority is presumed

Art. 266-A the fact that victim is a minor may be proved by meanswithout RA No. 9344

ACCIDENTNo fault attributable to offenderNo negligence, no intent OTHERWISE, EXEMPTION WILL NOTAPPLY

IRRESISTIBLE FORCEPeople v. Tami, 234 S 1

UNCONTROLLABLE FEARAsehas III v. People, 493 S 292With respect to entrapment/instigation

People v. Oyanib, 406 P 651Art. 247 is an absolutory cause, not merely mitigating

People v. Austria, 27 June 2000

Art. 13

MITIGATION

PRAETER INTENTIONEM People v. Espejo, 36 S 400If two or more persons conspire, but one of the accused DID NOTINTEND to do some of the acts done, the latter accused is entitled tothis circumstance AS LONG AS HE DID NOT KNOW OF THECOMMISSION OF THE GRAVE WRONG

If, however, THERE IS CONSPIRACY, NO MITIGATION under thiscircumstance

Treachery mode or manner of executionPraeter Intentionem status of the mind of the author

People v. GalacgacPeople v. Flores

SUFFICIENT PROVOCATIONOriente v. PeopleProvocation must be SUFFICIENT and IMMEDIATELY PRECEDEDthe act

People v. Labeo, 424 P 484

Gotis v. People, 533 S 431While an act may not constitute unlawful aggression, the same actmay be considered as sufficient provocation

Passion and Obfuscation AND Immediate VindicationPeople v. DioknoIf arising from the same act, ONLY ONE may be appreciated

Pelonia v. People, 521 S 207

IMMEDIATE VINDICATION OF A GRAVE OFFENSEProvocationPeople v. Alquiza, 62 P 611Need not be in words, but also in actions

Grave OffensePeople v. RuizNo relation to classification of offenses MAY NOT EVEN BE ACRIMEDepends on:

1. Social standing of the offended2. Place, time, occasion

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3. Insult of the accused

Bacabac v. People, 532 S 557Act of hitting with a bamboo stick IS NOT a grave offense

ImmediateIn the Spanish Penal Code proxima , or proximate

People v. Ignas, 412 S 311No immediate vindication if accused has time to recover serenity

People v. Matbagun, 60 P 887

PASSION AND OBFUSCATIONPeople v. Bello, 10 S 298Must arise from legitimate or lawful sentiments

VOLUNTARY SURRENDERAppreciation is not depended on where accused surrenders

People v. QuimpoTabalos v. PeopleApplies to malversationIf public officer returned money malversed or misappropriated by himBEFORE being charged or before the institution of the criminal action

VOLUNTARY PLEA OF GUILTYPeople v. Calpito, 416 S 491May be appreciated even if accused offers in evidence othermitigating circumstances

People v. Noble, 77 P 93People v. Magallanes, 275 S 222

PHYSICAL DEFECTS/ILLNESSPeople v. Antonio, Jr., 431 S 425

Psychosis is mitigating

ANALOGOUS CIRCUMSTANCES

People v. Tabamo, Jr.Extreme poverty is NOT among the mitigating circumstances

People v. DocaLack of education or instruction is NOT MITIGATING IF THERE ISDISCERNMENT OR INTELLIGENCE

People v. Lasparda, 93 S 698Lack of education or instruction CANNOT BE APPRECIATED inmurder or homicide since killing is always wrong

People v. Belaro, 307 S 611

20 July 2009

Art. 14

TREACHERYPeople v. Antonio, 390 P 989No treachery if decision to attack was arrived at at the spur of themoment

People v. Guzman, 423 P 600Mere suddenness of the attack does not by itself suffice to appreciatetreachery, even if there was intent to kill, and the helpless position ofthe victim was merely accidental

CRUELTYPeople v. Sitchon, 428 P 82Nature of cruelty lies in the fact that the culprit enjoys and delights inmaking the victim suffer, which is unnecessary to the commission ofthe crime

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People v. Valdez, 350 S 189

There is cruelty when accused enjoyed and delighted in thecommission of the offense

UNLICENSED FIREARMS RA NO. 8294People v. Mendoza, 18 Jan 1999SC applied RA No. 8294 homicide and murder as generic

BUT NOTE People v. Ladjaalam Attempted homicide NOT included in homicide in RA No. 8294In crimes other than homicide or murder, use of unlicensed firearmsis NOT AGGRAVATING

30 July 2009

Art. 48

COMPLEX CRIMES

One location, one occasion single intent/impulseDifferent locations, different occasions single act FOR EACH

BUT NOTE People v. Bacungay, 428 P 798Kidnapping is moved by a specific intent, SO THAT THERE ARE ASMANY CRIMES AS PERSONS KIDNAPPED

3 August 2009

People v. Peas, 66 P 682Where accused falsified 3 postal money orders with different payessand encashed all on the same day ONLY ONE CRIME SINGLEPURPOSE

People v. Gonzales, 117 P 166

Where accused falsified several documents/vouchers THERE AREAS MANY CRIMES AS VOUCHERS FALSIFIED

Lastrilla v. Granda, 421 S 324***Where accused falsified 3 deeds of absolute dale for different parcelsof land on the same day and same occasion, and forged signatures ofthe alleged vendor/grantor AS MANY CRIMES AS DOCUMENTSFALSIFIED

Falsification in two modes:1. Falsified signature (forged)2. Antedated deeds to time when vendor was alive

People v. Abalos, 389 S __ There are as many crimes as documents falsified, BUT ONLY ONECRIME FOR EACH MODE COMMITTED

Gamboa v. CA***Gamboa was an employee, a purchaser, of an optical company, whocollected purchases. He then deposits his collections in his ownname.How many crimes of estafa?THERE ARE AS MANY CRIMES OF ESTAFA AS WITHDRAWALSAND USE IN ONES NAME since deposits and withdrawals occurredon different dates, thus, separate and independent crimes of estafa.THE WITHDRAWAL IS A COMPLETE FELONY BY ITSELF. This isnot a case of delito continuado BECAUSE IT IS NOT A PART OF ASERIES OF ACTS.

Ilagan v. CA, 239 S 575Ilagan was an employee of a real estate company given authority tosell, BUT NOT THE AUTHORITY TO COLLECT. He then devotes tohis own use the collections.Justice Callejo: note the abuse of confidence

How many crimes of estafa?

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AS TO HOME/LOT OWNERS as many crimes of estafa, withdeceit, as collections made

AS TO EMPLOYER one count of estafa, since he is supposed toaccount for ALL collections at any one time when demanded; this isestafa with abuse of confidence

Justice Callejo: note that in Gamboa and Ilagan, the SC did not apply the single resolution test

People v. LawasWhere 50 Maranaos were gunned downRuling: Art. 48 applies since IT IS IMPOSSIBLE TO ASCERTAIN THE INDIVIDUAL DEATHS CAUSED BY THE ACCUSED

Justice Callejo (also in Boado): why not conspiracy?

People v. Pinkalin, 102 S 136Where Art. 48 applies single criminal purpose test attainmentof single purpose 1 crime

Dissenting (Makasiar): Art. 48 DOES NOT INCLUDE ANY CONSIDERATION OF SINGLE IMPULSE

People v. Pineda, cited in Gamboa v. CAArt. 48 is clear, no impulse, purpose, or resolution is mentionedRuling in Lawas is irrelevant since in Lawas, there was conspiracy

A delito compuesto is when an accused fired a gun ONCE, butkilled TWO OR MORE persons

Is it the single act of PULLING THE TRIGGER?Or is it the result of a SINGLE BULLET?

When what is used is a sub-machine gun Art. 48 applies sincethere are SEVERAL BULLETS fired at once

People v. Sanidad, 403 S 381***Accused is guilty of a complex crime since:

1. It is not possible to determine who among them killed thevictim ( see Pineda, Lawas)

2. The accused showed a SINGLE criminal impulse ( but see Art.48, which is clear)3. There was conspiracy

Justice Callejo: the reason of conspiracy is enough

People v. Dalmacio, 426 P 563, citing People v. PinedaWhere accused used armalites, grenades, and explosivesRuling: Art. 48 is not applicable because:

1. The injuries were the result of successive volleys of gunshots2. Deaths of the victims were from several shots

People v. Maghoy, 180 S 111Art. 48 applied SINGLE ACT

People v. Peralta, 193 S 9There are as many crimes as victims IF THERE WAS NO EVIDENCE

THAT VICTIMS DIED BY SINGLE DISCHARGE OR BULLET

People v. MisionPeople v. Obillo

People v. Tabako, 270 S 32Evidence must be presented that victim/s died of a SINGLE ACT orBULLET or DISCHARGE OF FIREARM

DELITO COMPLEJO (2nd portion of Art. 48)DOES NOT APPLY IF:

1. Felony is INDISPENSABLE to another felony2. Felony is an ESSENTIAL ELEMENT of, or MODE of, or is

ABSORBED, by another felony3. Felony is USED TO CONCEAL another felony

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HOWEVER, the prevailing rule is still that ADDITIONAL RAPES ARESEPARATE OFFENSES

PRIMORDIAL CONSIDERATION PURPOSE of the offenderIf the taking was done with lewd design, forcible abductionIf the woman was raped after, forcible abduction with rape

If the purpose was to abduct TO RAPE, RAPE only, and the taking isabsorbed as a means to carry out the intent

24 Aug 2009

INDETERMINATE SENTENCE LAW

Without IS Law, penalties are FIXED, and the specific penalty will bea straight penalty within the range provided by law

People v. Asturias

People v. LamparaPeople v. Enriquez

De Joya v. Jail Warden, 417 S 636

What about special penal laws, does IS Law apply? YESPeople v. Martin Simon, 234 S 555

BUT NOTE that if the law does not follow the nomenclature of theRPC, then aggravating and mitigating circumstances of RPC DONOT APPLY, ALTHOUGH JUDGES ARE NOT PROSCRIBED FROMCONSIDERING THEM (this is because the IS Law considers thepenalty IMPOSED, NOT the penalty IMPOSABLE)

Court must take into account:1. Circumstances of the crime2. Circumstances of the offender

The moment the convict serves the MINIMUM OF THE IS, convictmay be considered for PAROLE

PAROLE provide period and conditions for releaseIf the period lapses without any violation MAXIMUM IS DEEMEDSERVED AND CONVICT RELEASED PERMANENTLY

APPLICATION OF IS LAW

Consider HomicidePenalty: Reclusion temporalNo mitigating or aggravating circumstances

MinimumReduce by 1 degree the penalty this is the MINIMUM of the ISReclusion temporal lowered by 1 degree, PRISION MAYOR

NOTE that the minimum is WITHIN THE WHOLE RANGE and maybe set by the Court in its discretion, IT NEED NOT BE IN THE SAME

PERIOD as the maximum the discretion is unqualifiedMaximumIf there are mitigating or aggravating circumstances, applymodification to the MAXIMUM of the IS

When with Privileged Mitigating CircumstancesAlso consider privileged mitigating circumstances, as many as thereare if these exist, REDUCE BY 1 DEGREE AS WELL

Thus:Reclusion temporal, with privileged mitigating circumstancesLower by 1 degree PRISION MAYORLower by 1 degree following IS Law PRISION CORRECCIONAL

When Penalty Does Not Exceed 1 YearIf penalty DOES NOT EXCEED 1 year, STRAIGHT PENALTY, DO

NOT APPLY IS Law

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In Relation to Art. 48Maximum of IS follows Art. 48, BUT FOR MINIMUM, REDUCE FIRST

THE ORIGINAL PENALTYPeople v. Rillorta, 15 Dec 1989***The penalty for the complex crime of homicide with assault upon aperson in authority is the maximum period of the penalty for the moreserious crime homicide. That penalty is the maximum period ofreclusion temporal. Under the IS Law, each of the accused shallsuffer an IS, the maximum term of which shall be within theprescribed penalty of reclusion temporal, maximum.

People v. Cesar, 23/22 S 1024

When Crime is Complex with Aggravating CircumstanceIS Maximum is MAXIMUM OF THE MAXIMUM periodi.e., reclusion temporal 3 periods (minimum, medium, maximum)

RT MAX divided to 3 periods as well maximum of RT max

CIVIL LIABILITIES

Art. 100 DOES NOT APPLY when no private injury or damagearises from the crime, i.e., political crimes

Juridical person is NOT ENTITLED TO MORAL DAMAGES, except inLIBEL cases

Banal v. Tadeo, 11 Dec 1987Occena v. Icamina, 181 S 328

People v. HernandezSince a political crime absorbs common crimes, are the heirs ofthe deceased entitled to civil liability? YES

People v. Agarin, 109 P 430

People v. Avila, 11 Mar 1992

In robbery with homicide, all other homicides after the first areabsorbed. How many sets of civil liability? AS MANY HOMICIDES

COMMITTEDIn Art. 48, there are as many civil liabilities AS INJURED PERSONS

Aznar v. Citibank, 519 S 287Damage loss, hurt, or harm from injuryInjury legal invasion of rightDamages

People v. CatubigIf aggravating circumstances not pleaded in Information notconsidered in criminal liability, BUT ALWAYS CONSIDERED INCIVIL LIABILITY, if proven during trial

The non-consideration is procedural in nature, while provision for civilliability is substantive

What if there is a mitigating circumstance together with theaggravating circumstance, what is the effect on exemplary damages? NONE

BUT Justice Callejo: still considered for civil liability, since the civil law on damages do not provide for offsetting

People v. MarceloThe word aggravating in the Civil Code is GENERIC, it includes ALLkinds of aggravating circumstances

People v. Ranid, 555 S 297If there are 2 qualifying circumstances, 1 QUALIFIES THE CRIME,THE OTHER IS GENERIC but exemplary damages stillPROPERLY IMPOSABLE

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People v. Guillen, 420 S 326

In murder qualified by treachery, EXEMPLARY DAMAGES MAY BEAWARDED IN VIEW OF THE GRUESOME MUTILATION OF THEVICTIMS CORPSE

People v. Gonzales, Jr.In arson, EXEMPLARY DAMAGES MAY BE AWARDED FORCORRECTIVE PURPOSES

People v. DizonWhen a victim is raped multiple times, MORAL AND EXEMPLARYDAMAGES ARE PROPER FOR EACH COUNT EVEN IF THERE ISONLY 1 AGGRAVATING CIRCUMSTANCE

People v. MoralesIn kidnapping without any aggravating circumstances, EXEMPLARYDAMAGES MAY BE AWARDED FOR THE DETERRENT EFFECT

People v. Ayuman, 471 P 167In this case for parricide, the SC awarded exemplary damagesbecause of the qualifying circumstance of relationship

BUT NOTE, according to Justice Callejo: in parricide,RELATIONSHIP IS INHERENT, so no exemplary damages should have been awarded

NO NEED TO PROVE the amount of exemplary damages

27 Aug 2009

BOOK II

ART. 114 TREASON

Haupt v. US, 47 Supp. 836, 330 US 631

RA No. 106Filipinos may not divest citizenship while Philippines is at war

Kawakita v. US, 96 L Ed 1249May a person holding dual citizenship be guilty of treason? YES

DAquino v. US, 192 Fed 2d __

In relation to Art. 2Filipino committing treason in another country is liable person

cannot take refuge in another country to perpetrate treasonous actsGillars v. US, 182 Fed 2d 962Adherence to the enemy and treasonable intent, when they exist,attach to the act and to its perpetrator wherever he isObedience to the law of the country of domicile or residence localallegiance is permissible, but this kind of allegiance does not call foradherence to the enemy and the giving of aid and comfort to it withdisloyal intent

Treason is committed with specific intent

Requisites of Treason (87 CJS 914)

Modes of Commission1. Levying war2. By adhering to enemies by giving them aid or comfort

Treason MUST BE INTENTIONAL

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Adherence to enemy intent or mental act

Giving aid overt actBoth must be provedAdherence to enemy may be proved by circumstantial evidenceGiving aid must be proved by direct evidence 2 witnesses forEACH OVERT ACT, and which must be credible

NOTE that even if 2 witnesses are needed, ONLY ONE OVERT ACTis needed to be proven

KawakitaWhat is important is the nature of the act of the accused

People v. Perez, 83 P 314How extensive must giving aid or comfort be? Depends on:

1. Nature of the act

2. Degree of the act3. Purpose of the act

Cramer v. US, 325 US 1Adherence to the enemy may be proved by circumstantial evidence

People v. Adriano, 78 P 571Witness must testify TO THE ENTIRETY OF THE OVERT ACT

Extrajudicial confession CANNOT CURE the fatal omission of the 2-witness rule only corroborating evidence

Proof of Citizenship1. Oral or written2. Records of prisoner3. Birth certificate

Judicial AdmissionPeople v. Flavier

People v. Martin

People v. Perez, 83 P 314Supplying comfort women is NOT giving aid or comfort sexual orsocial relations with Japanese did not affect war effort; if there iseffect, effect is merely trivial

Gillars v. USOvert act shown by means of speech treasonous speech intentshown as integral part of treason

People v. PrietoTreason is a POLITICAL CRIME absorbs common crimes ifcommitted in furtherance of treason

People v. Hernandez, 99 P 515Art. 48 does not apply to treason

NOTE that IS Law does not apply

ART. 116 MISPRISION OF TREASON Felony by omission

ONLY FILIPINOS may be guilty of Art. 116, not even dual citizens

ART. 122, 123 PIRACY; QUALIFIED PIRACYALSO, PD NO. 532, RA NO. 7659

People v. TulinRA No. 7659 did not amend PD 532 RPC and RA No. 7659 CANEXIST with PD No. 532

PIRACY ON THE HIGH SEASCrime against the law of nations

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Complement of vessel in Art. 648 of the Code of Commerce, fromcaptain to the lowest-ranked member of the crew

Physical injuries in Art. 123 is used in its generic sense INCLUDESFRUSTRATED OR ATTEMPTED MURDER; connotes any kind ofbodily harm

Piracy is a single, indivisible offenseIs the use of an unlicensed firearm aggravating? NOIs it a separate crime? NO (why?)

If a MEMBER OF THE complement or passenger takes the propertyof another member of the complement or PASSENGER, THIS ISNOT PIRACY, BUT ROBBERY under Art. 293

Art. 86 of the UNCLOSHigh Seas not included in the EEZ, or territorial waters, orarchipelagic waters of archipelagic state

RA No. 9372Piracy is a constituent crime of terrorism

People v. Puno, 219 S 285Filoteo v. Sandiganbayan, 263 S 222PD No. 532 applies where piracy is directed not only at preconceivedvictims, but against any or all prospective victims

Piracy involves not only the locus of the crime, IT IS ESSENTIALFOR PD NO. 532 TO APPLY THAT THE PERPETRATORS AREORGANIZED TO COMMIT THE CRIME previous attempts orsimilar acts must be shown

Piracy in the RPC may be qualified by ACCOMPANYING ACTS

Piracy in PD No. 532 is qualified ON OCCASION of acts

ART. 124 ARBITRARY DETENTION

Astorga v. People, 412 S 512Elements:1. Public officer or employee2. Detains another3. Without legal ground for detention

Relate to Art. 267 (kidnapping) and Art. 269 (unlawful arrest)In Art. 267 offender is a private individual, and purpose is todeprive libertyIn Art. 269 person is arrested without lawful cause to deliver to

judicial authorities

Arrest in Art. 124 merely INCIDENTAL

Public Officer or EmployeeThose authorized to arrest or detain another

Nilo v. Salanga, 152 S 113 (judges)Sec. 388 of LGCArt. 152 of RPC

Sec. 80, PD No. 705 (Forestry Code)District Forester given power to arrest

Sec. 44, RA No. 9165To enforce law, all school heads, supervisors, and teachers mayarrest or detain another

NOTE that private individuals may be liable for arbitrary detention IFTHERE IS CONSPIRACY

People v. Flores, 410 P 578How about CAFGU?

CAFGU may arrest/detain and may be liable for arbitrary detention,under EO No. 264

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DETENTION

US v. Cabaag, 8 P 64Actual confinement or any manner or deprivation of liberty

People v. Baldago, 396 S 31Astorga v. People, 412 S 512Curtailment of liberty NEED NOT INVOLVE PHYSICAL RESTRAINT;liberty may be restricted by PSYCHOLOGICAL RESTRAINT

NOTE Rule 113, Sec. 5, which allows arrests without warrantsPeople v. Tudtud, 458 P 752 (Sec. 5[a])David v. ArroyoYlagan v. Enrile (Sec. 5[b])

RELATE to Sec. 18 of RA No. 9372

Crime of arbitrary detention MAY BE COMMITTED BY CULPA good faith is a defense in dolo

When is the crime committed by dolo? When there is evidence that the officer was aware of the illegality

People v. Misa

People v. OlivaArbitrary detention with physical injuries complex crime

Periods imposed in Art. 124 NOT ELEMENTS of the crime

SEE Sec. 8 of the IS Law

ART. 125 DELAY IN DELIVERYRELATE to inquest and preliminary investigation rules

Elements:1. There is legal basis to detain or arrest

2. For delivery to judicial authorities

Gravamen of the offense failure to deliver within the periodprescribed

Delivery to Judicial AuthoritiesThe filing of a criminal complaint or Information with the proper court

Basis of PeriodThe offense/crime as that seen by the arresting officer, NOT THECRIME FOUND AFTER PRELIMINARY INVESTIGATION

Soria v. PeopleExclusions to PeriodSundays, holidays, election days

RELATE to Sec. 7 (now 6), Rule 112, on inquest

Alvior v. Anguis, 425 S __

What if the court has no jurisdiction?Arresting police officer is not liable for the mistake of the prosecutor

RELATE to RA No. 9344People v. MabongIf Information is filed (by the prosecutor?) beyond the periods in Art.125, arresting officer is STILL LIABLE and arrestee STILL LIABLEFOR THE CRIME in the Information

RELATE to RA Nos. 7438 or 9372Alejano v. Cabuay, 468 S 188If the purpose of regulation is not to deprive or curtail right to consultlawyer, regulation of visits are valid

ART. 126 DELAYING RELEASE

Felony by omission

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Art. 126 applies to RA No. 9372

No distinction between a detention prisoner and a person detained byfinal judgmentInsuperable clause may be invoked

Person who makes a valid, warrantless arrest may be liable underArt. 126

ART. 127 EXPULSIONWhen person is unlawfully expelled from the Philippines or compelledto change residence

RELATE to Art. 247 of the RPC, which imposes penalty of destierro

RELATE to PD No. 968, the Probation Law and Sec. 27 of RA No.9372

ART. 128 VIOLATION OF DOMICILEOnly those authorized to arrest or detain another or seize property idanother or search

Arevalo v. Quilatan, 16 S __

Against the will of the owner, EXPRESS OR IMPLIED

US v. Arceo, 3 P 381

People v. delos Reyes, 20 P 267Art. 128 DOES NOT APPLY TO POLICE OFFICERS WHEN IN HOTPURSUIT

RELATE to Sec. 11, Rule 113

ART. 129 SEARCH WARRANT MALICIOUSLY OBTAINED

RELATE to perjuryRELATE to Rule 126

Modes: 1. Procured search warrant without just cause felony by dolo,

must be malicious2. Exceeds authority in executing the same uses unnecessary

severity OR seizing property not included in the warrant,EXCEPT those in plain view

Good faith a defense

People v. dela PeaDetermination of maliciousnessAn attempt to extort money, even if effected after the issuance of thesearch warrant, but prior to the release of the complainant, is relevant

to the question whether or not the warrant was illegally procured,owing to the obvious tendency of the aforementioned circumstance, ifproven, to establish that the accused was prompted by the desire toget money from the complainant. Evidence of the intent of party whoobtained said warrant or warrants is not only relevant, but verymaterial, where the accused are charged with having willfully,unlawfully and feloniously procured said process, pursuant to acommon intent, as alleged in the Informations

UNILAB v. Isip, 28 June 2005

People v. Hua, 439 S 350Breaking of door cannot be done without announcement

If warrant is served beyond the period for service Art. 129APPLIES

If warrant is served and a crime was committed in the process DONOT APPLY Art. 48, the crime committed is a SEPARATE OFFENSE

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State of Michigan v. Summers, 452 US 692

Art. 129 DOES NOT APPLY TO SEARCHES OF AGENTS OFBUREAU OF CUSTOMS

People v. Mago, 22 S 857Tariff and Customs Code gives right to search to officers of BOC

ART. 130 SEARCHING DOMICILE

Quintero v. NBI, 162 S 470People v. Gesmundo, 219 S 743

Witnesses presence is MANDATORY

3 Sept 2009

ART. 131 PROHIBITION, INTERRUPTION, AND DISSOLUTIONOF PEACEFUL MEETINGS

_____, 40 OG 2576Participant which interrupts the peaceful meeting IS NOT LIABLEUNDER ART. 131, BUT MAY BE LIABLE FOR UNJUST VEXATION

What if the policeman was undercover? LIABLE under Art. 131,following People v. Cantena

RELATE to David v. Arroyo

ART. 132 INTERRUPTION OF RELIGIOUS WORSHIP

What is religion in Art. 132?According to Justice Isagani Cruz a system of belief, matters of faith

or dogma

ART. 134, 134-A REBELLION/INSURRECTION, COUP DETAT

Both private individuals and public employees may be liable forrebellion or insurrection

Rebellion objective is to overthrow the government and supersedewith a new one

Insurrection objective is to effect minor change with respect toparticular matters or subjects

Inciting to Rebellion crime of a multitude

REBELLIONDelito continuado by natureA political crime crime against a political order; objective is apolitical purpose

There must be concurrence of:

1. Intent to achieve political objective mental act2. Overt acts of public uprising and taking up arms

Is there FRUSTRATED rebellion? NONE, it is NOT NECESSARYTHAT THE OBJECTIVE IS OBTAINED, crime is still consummated

US v. Vergara, 3 P 432Mere membership in the Communist Party of the Philippines is NOTREBELLION

_____, 46 OG 4412BUT, a person openly becoming a member of the NPA, EVENWITHOUT ANY PARTICIPATION IN ANY OVERT ACT, is LIABLEFOR REBELLION, since the NPA is engaged in CONTINUINGCOMBAT with the government of the Philippines

Rebellion necessarily connotes violence ABSORBS COMMON

CRIMES WHEN COMMITTED TO ATTAIN PURPOSE Art. 48inapplicable

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Enrile v. Omar Amin

Crimes defined by SPL are also absorbedIs use of unlicensed firearms absorbed by rebellion? YES, byexpress provision of RA No. 8294, when in furtherance or incident torebellion and attempted coup detat

Why attempted coup detat only? If coup detat is consummated, government is overthrown power isseized by offenders, they will not penalize themselves

What if the common crime committed by the rebel is for apersonal purpose, or for personal motives, or for profit, is thisabsorbed? NOPeople v. Geronimo, 100 P 90If the commission of the common crime is NOT for the politicalpurpose, it is a separate and independent offense

In relation to COUP DETAT1. In coup detat, the primary movers are the military or police2. Concurrence of objective and swift attack3. In coup detat, purpose is to diminish state power4. NO FRUSTRATED COUP DETAT

ART. 136 CONSPIRACY/PROPOSAL TO COMMIT REBELLION,INSURRECTION, AND COUP DETAT

RELATE to Art. 8 on conspiracy and proposal

The conspiracy to commit rebellion and insurrection IS ALSO ACONTINUING CRIME

Mere membership in the CPP IS NOT CONSPIRACY TO COMMITREBELLION

ART. 137 DISLOYALTYA person NOT sympathetic to the rebels, BUT CONTINUES TO

OCCUPY THE OFFICE UNDER THE CONTROL OF THE REBELS,is liable under Art. 137

OBJECTIVE is IMMATERIAL

What if the person additionally commits malversation, infurtherance of the rebellion? He is liable for 2 crimes rebellion AND disloyalty

Can the public officer plead Art. 11 or 12? YES, i.e., insuperablecause

Disloyalty is an OFFENSE BY OMISSION

ART. 139 SEDITION

People v. Kamlon Hadji, 9 S 252In relation to REBELLION

1. Purpose of the commission2. Manner of commission3. Sedition DOES NOT absorb common crimes

PAR. 1 Includes laws political in nature, laws in general, and civil and penallawsIncludes ordinances

PAR. 2Includes judges and the judiciaryIncludes the Constitutional Commissions (Art. IX of Constitution)

PAR. 3

(and by implication, NOT INCLUDED in Par. 2)Barangay public officers

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It does not matter if firearm used is licensed or not, AS LONG ASTHE PERSON IS ARMED

If a person used an UNLICENSED firearm under the first mode HEIS PRESUMED THE LEADER

Is this latter instance a violation of RA No. 8294? NO

Identities of organizers through speeches, publications, banners,leaflets

First ModeWhen crimes of violence are committed, illegal assemblies under thefirst mode LOSES ITS JURIDICAL PERSONALITY it is NOT ASEPARATE FELONY, but considered a PREPARATORY ACT

Second Mode The organizers are those guilty of Art. 146, BUT THE INCITEMENTIS AN ELEMENT ONLY IF THE AUDIENCE IS IN FACT INCITED Francisco

Charge for illegal assembly OR proposal to commit rebellion, etc. orrebellion, etc. the state has its options, but it cannot charge forboth

THERE MUST BE SOMEONE WHO INCITES ANOTHER, BUTAUDIENCE IS NOT INCITED, the inciting had no effect

NOTE that RA No. 1700 already repealed by RA No. 7636

BUT see RA No. 9372, Sec. 17

ART. 148 DIRECT ASSAULT

A formal crime NO FRUSTRATED STAGE

First ModePeople v. Recto, 419 P 674The first mode is tantamount to rebellion or sedition WITHOUT THEELEMENT OF A PUBLIC UPRISING

Second ModeWho may be victims?Art. 152 of the RPC persons of authority AND agents of persons inauthority

Justo v. CA, 99 P 452While engaged in the performance of duties even if at the timeof the assault the officer IS NOT PERFORMING HIS DUTIES, ASLONG AS THE ATTACK WAS BY REASON OF HIS OFFICIALDUTIES, or of past official duties

The OBJECTIVE OR PURPOSE of the accused is IMMATERIAL

OFFENDER MUST BE AWARE THAT OFFICIAL DUTY ISPERFORMED

Sarcepudes v. People, 90 P 228If the assault or attack occurs when the officer is NOT in theperformance of his duties, MOTIVE OF THE ACCUSED BECOMESDETERMINATIVE of his liability for direct assault

No liability under Art. 148:

1. If the public officer or officer in authority is a mereBYSTANDER

2. If the accused DID NOT KNOW that victim was a person inauthority

People v. Velasco, 72 OG 2045When the contending parties are BOTH persons in authority who areacting in GOOD FAITH NO LIABILITYBOTH must be IN GOOD FAITH

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People v. Fook, 42 P 230When there is excess of authority no liability under Art. 148 or 151

When there is TOTAL LACK OF AUTHORITY no liability

NOTE that the damage or injury must be coextensive with theexcessive authority, otherwise, liable under Art. 148

Justo v. PeopleWhen a district supervisor of public schools assaulted another districtsupervisor BEFORE ARRIVING AT AGREED PLACE where they

would fight DIRECT ASSAULT, since one in bad faith

People v. Garcia, 79 OG 4586To lay a hand inflict physical injuries; to strike; to shove; causedamage or injury

People v. Tabiana, 37 P 515Force must be serious, and must be of such character as to showcontempt for authority

People v. GumbanSLAPPING is included

Crime is QUALIFIED when a weapon is used to assault firearm,knives

_____, 45 OG 838

It is NOT ENOUGH that a weapon was carried by the offender,WEAPON MUST BE ACTUALLY USED TO ASSAULT

Qualifying circumstances:1. Use of a weapon2. When offender is himself a public officer or employee3. When offender lays hands upon a person in authority

RELATE to RA No. 75, Sec. 6 assault on ambassador or foreignpublic minister

Is Art. 48 applicable? YESDirect assault with homicideDirect assault with frustrated or attempted homicideBUT if SLIGHT physical injuries DO NOT COMPLEX, Art. 48inapplicable, as this is absorbed

People v. Ladjaalam

Villanueva v. Ortiz, 148 P 493Where the accused assaulted a person in authority, an election

inspector, while votes are being counted, he is liable for the complexcrime of DIRECT ASSAULT WITH SERIOUS DISTURBANCE

5 Sept 2009

What if in the course of robbery, a person in authority waskilled? ROBBERY WITH HOMICIDE direct assault alreadyabsorbed

RELATE to Art. 265 (less serious physical injuries) where thevictim is a person in authority, penalty becomes prision correccionalNOTE, however, that Art. 265 is applied only when the person inauthority IS NOT IN THE PERFORMANCE OF HIS DUTIES ORSUFFERS LESS SERIOUS PHYSICAL INJURIES BY REASON OFHIS OFFICE

RELATE to Art. 153 direct assault with serious disturbance

ART. 149 INDIRECT ASSAULTRELATE to RA No. 1978

Person in AuthorityInclude AGENTS of persons in authority

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What about private individuals COMING TO THE AID of personsin authority? THEY BECOME AGENTS, thus, crime is DIRECT,NOT INDIRECT, ASSAULT

Art. 149 operates only when private individuals COME TO THE AIDOF AN AGENT OF A PERSON IN AUTHORITY

People v. Mendoza, 59 P 163Persons in authority are those vested with jurisdiction to govern andexecute laws; or persons who perform some functions of thegovernment

RELATE to the LGC, Sec. 388 (?)Persons in authority include BARANGAY CAPTAINS/CHAIRMEN(PUNONG BARANGAY), and/or persons charged with supervision ofpublic and duly recognized private SCUs

Remember however that these are persons in authority ONLY FORTHE PURPOSE OF ART. 148 and 151

RELATE to Art. 14People v. Tac-an, 182 S 602A teacher is a person in authority ONLY FOR THE PURPOSE OFART. 148 and 151

Agents in LGC1. Barangay policemen2. Barangay councilmen

People v. Bonotan, 105 P 1349Members of municipal and provincial boards are PERSONS INAUTHORITY

RELATE to RA No. 9165Teachers as persons in authority in the enforcement of RA No. 9165

ART. 150 DISOBEDIENCE TO SUMMONS

SEE Senate v. Ermita, 488 S 1RELATE to RA No. 4200, Sec. 4, and RA No. 9372, Sec. 25

ART. 151 RESISTANCE AND DISOBEDIENCEUytiaco v. CA, 126 P 48Art. 151 is violated only when the person in authority or his agent is inthe ACTUAL PERFORMANCE of their duties

When is resistance or disobedience serious?People v. Ramayrat, 122 P 188Depends upon the circumstances of the act, the motives of theoffender, and the transgression, which may or may not indicate intentto violate the law

People v. Reyes, 40 OG 24 (11 Supp)

US v. Tabiana

When person in authority EXCEEDS AUTHORITY, resistance islawful if done in good faith any resistance must be that which isREASONABLE and NECESSARY

Gallego v. PeopleWhen person in authority exceeds his authority, or abuses his

authority, any reaction MUST BE COEXTENSIVE to the excess orabuse

If the resistance or disobedience is SERIOUS, then this is DIRECTASSAULT NOTE that in Art. 151, par. 2, the disobedience is to theAGENT

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ART. 153 TUMULTS AND OTHER DISTURBANCES

First Mode1. Offender commits acts which causes serious disturbance2. In a public place, office, or establishment LOCUS CRIMINIS3. Offender intended to commit public disorder INTENT TO

CAUSE DISTURBANCE

When is it serious?Consider the PLACE where the acts were committed, and the

occasion or circumstances surrounding the incident

RELATE to Art. 131 (prohibiting, interrupting, and dissolving peacefulmeetings) if the public officer is a participant, Art. 153 applies, NOTArt. 131

What is a public place?People v. Gamay, 40 OG 171One that is open to the public and not exclusive, even if presided byprivate individuals

Second Mode1. Public performance or public functions2. Interruption3. NOT under either Art. 131 or 1324. Disturbance is NOT SERIOUS

Offender may be a participant, or a stranger

Presumption under Par. 3 applies ONLY WHEN MADE BY A BANDBand more than three armed persons, or more than three personswith means of violence

PAR. 41. Meeting is LAWFUL2. Offender makes a SPONTANEOUS OUTCRY of rebellion or

sedition

NOTE that in inciting to rebellion or sedition, the act wasDELIBERATE in Art. 153, the act was SPONTANEOUS

Art. 153 is a felony by dolo, and NOT culpa

People v. Bacolod, 89 P 621No double jeopardy in charging accused of serious physical injuriesthrough reckless imprudence and causing disturbance under Art. 153even if both resulted from the defendants act of having fired a sub-machine gun

Villanueva v. OrtizaArt. 153 may be a constituent crime of a complex crime may becomplexed with DIRECT ASSAULT

There is also TUMULTUOUS DISTURBANCE with HOMICIDE

People v. Mangorio, 51 OG 4619

NOTE also that PD No. 1829, Sec. 1(i) may be violated separatelyfrom Art. 153

ART. 155 ALARMS AND SCANDALS

PAR. 1 Calculated to cause alarm or dangerErroneous translation should be calculated to PRODUCE alarm or

dangerThere must be cause and effect, for IF THERE WAS NO EFFECT,THERE WAS NO CRIME COMMITTED

RELATE to Art. 254 (discharge of firearms)

What if the firearm used was unlicensed?NOT aggravatingNOT separate crime(?)

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PAR. 3 and PAR. 4RELATE to Art. 153 (tumults)

Specifically, PAR. 4 disturbance NOT serious and NOT in a publicplace

ART. 156 DELIVERY OF PRISONERS FROM JAIL

First ModeDoes Art. 156 include detention prisoners? YES, it is Art. 157

which refers specifically to convicts

A prisoner who escapes, whether detention prisoner or convict, butspecially a detention prisoner, IS NOT ENTITLED TO BENEFITS OFIS LAW

NOTE that a HOSPITAL IS AN EXTENSION OF A JAIL if a person isORDERED CONFINED THERE by a Court

What if the accused was convicted? This is IMMATERIAL, since the crime is already consummatedwhether or not prisoner surrenders or is apprehended

Is there an attempted stage for this felony? YESWhen a prisoner leaves his cell, but discovered BEFORE LEAVINGTHE PENAL ESTABLISHMENT, is a case of an attempt of this felony

What if the custodian helped the prisoner escape?The custodian is NOT LIABLE under Art. 156, but for INFIDELITY INTHE CUSTODY OF PRISONERS under Art. 223 or 224, as the casemay be

NOTE that penal establishments INCLUDE PENAL COLONIES

RELATE to RA No. 9372, Sec. 44RELATE to Art. 18

How is the crime committed?1. By violence2. By intimidation3. By bribery4. By other means

1-3 higher penalty

Is bribery in Art. 156 the same as that in Art. 212 (corruption ofpublic officers)? NOThe bribery in Art. 156 is COMMITTED BY THE PERSON HELPING

THE PRISONER ESCAPE, AND THE BRIBE IS TO A THIRDPERSON OTHER THAN THE ONE ASSISTING AND THEPRISONER

What if the prisoner DIRECTLY BRIBES the officer?Then the prisoner is liable for 2 crimes CORRUPTION OF PUBLICOFFICIALS under Art. 212 and DELIVERY OF PERSONS FROMJAIL under Art. 156, by express provision of Art. 212

What are other means?1. Use of false key or picklocks2. Disguise3. Craft4. Taking guards by surprise5. Deceit

Does the phrase include crimes in the RPC? [no answer]

Does Art. 156 absorb common crimes? NO, separate offenses;Art. 48 applies since this is may constitute an act to commit anothercrime

RELATE to PD No. 1829, Sec. 1(c)

ART. 157 EVASION OF SERVICE OF SENTENCEConvict must be serving his sentence; during the term

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What if a complex crime was committed?Maximum penalty for the most serious offense if a quasi-recidivist,impose MAXIMUM OF THE MAXIMUM OF THE PENALTY FOR THEMOST SERIOUS OFFENSE

ART. 161, 162 COUNTERFEITING SEAL, USING FORGEDSIGNATURE Camido v. CA, 8 Dec 1995If accused forged the signature of the President, THERE ARE ASMANY CRIMES OF FORGERIES AS THERE ARE DOCUMENTS

FORGED

Caubang v. People, 210 S 377Crime is only by dolo, NOT BY CULPA the provision requiresknowingly or maliciously forging

ART. 166, 169 FORGING TREASURY OR BANK NOTESPAYABLE TO BEARER People v. Balmores, 85 P 493Philippine charity sweepstakes ticket is a government obligation however, forgery of this document makes one liable for ESTAFATHROUGH FALSIFICATION OF PUBLIC DOCUMENT, not forgeryunder Art. 166 in relation to Art. 169

ART. 170 FALSIFICATION OF LEGISLATIVE DOCUMENTS

Elements:1. What is authored is a genuine bill, or ordinance2. Alteration must be the substance3. Alteration is with deliberate intent

BUT, if the offender is a PUBLIC OFFICER OR EMPLOYEE INCUSTODY OF THE DOCUMENT liable for FALSIFICATION in Art.171, and not under this provision

Liability is under Art. 171 if the falsification was committed by anyother mode or means than that provided in Art. 170

ART. 171 FALSIFICATION

A document INCAPABLE OF PRODUCING LEGAL EFFECTSCANNOT BE THE SUBJECT OF FALSIFICATION

Official Document one in which a public official intervenes inpreparation or accomplishment

Commercial Document used by merchants to facilitate trade andcommercial transactions

Private Document no intervention of public notary or public officiallegally authorized to do so, by which some disposition or agreementis proved

Monteverde v. People, 435 P 906If the document is intended to be part of a public record, and thedocument is falsified BEFORE it becomes part of the public record,Art. 171 is still violated

People v. Bon PingCSC Booklet forms part of the official records of the government, sowhen it is falsified, liable under Art. 171

Bermejo v. BarriosPleadings of parties and papers in action in custody of the clerk ofcourt are PUBLIC documents

Layug v. SandiganbayanPetitioner, a public school teacher, indicated in her DAILY TIMERECORD that she attended classes, when in fact she did not ASMANY CRIMES AS DTRs FALSIFIED

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4. By causing it to appear that the person participated in any actor proceeding when in fact he did not

Indispensable that the offender make it appear that the personparticipated in the act or proceeding THE PERSON SHOULD INFACT EXIST Cuello Callon

If the person is ALREADY DEAD, is offender liable? YESLastrilla v. Granda, 481 S 324***Accused is guilty under paragraph 1, 2, and 5 antedated document(par. 5); forged signature of dead father (par. 1)

Andaya v. People, 493 S 531Falsification under par. 2, Art. 171 in relation to Art. 172

People v. Abubakar, 93 S 294Accused made it appear that he was a registered voter, and was ableto voteRuling: accused guilty of falsification under par. 2, criminal liability inRPC apart from liability in OEC

People v. Asa, 2 CAR 16Guilty of violation of par. 2 when accused affixed thumb mark in list ofvoters that did not actually vote

People v. Villanueva, 58 P 671Where public officer misappropriated public funds, and concealed themisappropriation by imitating signatures of payees

Ruling: two crimes, falsification under par. 1, Art. 171 andmalversation

But what if accused DID NOT imitate signatures of payee? YES,still a violation of par. 2, Art. 171

What if person impersonated examinee in civil service exam?People v. Leonidas, 40 OG Supp 101 When accused impersonated examinee, falsification under par. 2

Samson v. CAPar. 2, Art. 171

Mallari v. People, 168 S 432When it was made to appear that real owner mortgaged property falsificationAccused borrowed money from 2 lenders on same occasion ONECRIME OF ESTAFA, delito continuado

People v. Stella Romualdez, 57 P 148

PAR. 4Siquian v. PeopleElements:

1. Offender a public officer or employee, or a notary public2. Made untruthful statements in a narration of facts3. Had a legal obligation to disclose the truth

People v. Yanza (?)Must be a narration of facts, NOT CONCLUSION OF LAW

Amora, Jr. v. SBConviction shall not be sustained WHEN OFFENDER ACTED INGOOD FAITH

If document is altered TO CONTAIN/SPEAK OF THE TRUTH, NOFALSIFICATION

Lumangcas v. Quinta, 400 P 785Manalo v. People, 12 September 2007Legal obligation must stem from a law, rule, or regulation issued by agovernment agency

If applicant falsifies data in personal information sheet, liable?YES, because PIS can be a source of obligation and is required bythe CSC

CRIMINAL LAW REVIEW LECTURE NOTES P 28 f 60

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People v. Po Giok ToIs there legal obligation to disclose truth in residencecertificate? YES, in CA No. 465(?)

Concerned Employee v. Generoso, 467 S 614If a taxpayer made a false narration of facts in is ITR, and filedthe same with the BIR, to avoid paying taxes, liable? YES, underpar. 4

PAR. 5

The date altered MUST BE ESSENTIAL TO THE DOCUMENTThe alteration MUST BE INTENTIONAL

What dates? Dates of birth, date of marriage, date of death, date of payment ofobligations

US v. Mateo, 25 P 324Alteration must be one which causes the document to speak alanguage different

PAR. 6Garcia v. CA, citing RP v. CA, 116 S 505Elements:

1. Person alters or changes or intercalates an entry or statementin a document

2. Document is genuine

3. Alterations or intercalations speak something false

May be committed by any person, BUT if private individual in aprivate document Art. 172 applies, AND if Art. 172 applies, thenthere must be damage caused or intent to cause damage

Alterations erasures, interlineations, addition, substitution ofmaterial matter

People v. Reodica, 62 P 567Alteration must be such as to speak a different language or importthan that which it is supposed to convey

[3 CJS 905]The alteration speaks a different language where:

1. Affects legal identity of parties2. Affects rights, duties, and obligations3. Changes scope of document

Pacana v. People, 47 P 48Ignorance or mistake as to particular facts WILL, GENERALLY,EXEMPT from liability GOOD FAITH IS A DEFENSE

PAR. 7Two Modes:

1. Issuance in an authenticated form purporting to be a copy ofthe original when no such original exists (ORIGINAL DOESNOT EXIST)

2. Including a statement contrary to or different from original(ORIGINAL EXISTS)

Second mode By DOLOAlteration must be material which changes the documentUsually committed by persons in custody of the document, includingnotary public

A private individual who conspires with a public officer or notarypublic is also liable under par. 7

Flores v. LayosaConsuelo v. MallariFalsification of a public, official, or commercial document may be aconstituent felony under Art. 48 as a means to commit another crime

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If falsification is committed to CONCEAL the malversation TWOCRIMES (Art. 48 as a means to COMMIT, NOT TO CONCEAL)

If document falsified under ALL modes in Art. 171, ONLY ONECRIME OF FALSIFICATION, because the offender moved by onlyone criminal intent note Lastrilla, only one offense ofFALSIFICATION even if committed under three modes

People v. MadrigalAbalos v. PeopleBUT there as many crimes as falsification as DOCUMENTS

FALSIFIED

People v. SegoviaPeople v. Ponferrada

ART. 172 USE OF FALSIFIED DOCUMENTS

Samson v. CABatulanon v. People

PAR. 2Dava v. PeopleThe offender is a person other than the author of the falsification, anduses the document as evidence in any judicial proceeding

If the author himself uses the document, liability is for

FALSIFICATION, NOT USE OF FALSIFIED DOCUMENT

CSC v. Sta. Ana, 435 P 1Accused is guilty of the crime of falsification of public document andthe use of public document if he falsified the certification in addition tothe personal data sheet

US v. Gomez, 3 P 436Under par. 2, the offender MUST BE AWARE of the falsity of thedocument

Judicial proceedings all-embracing: criminal, civil, specialproceedings

People v. Prudente, 1 CAR 759INTENT TO CAUSE DAMAGE OR DAMAGE CAUSED, NOT ANELEMENT WHAT IS PUNISHED IS THE USE

ART. 177 USURPATION OF AUTHORITY

Is there a complex crime of usurpation of authority withfalsification? YESPeople v. Cortez, 73 OG 10056When individual introduced himself as BIR agent, with falsified BIR ID

RELATE to RA No. 75 liability for pretending to be a consul,diplomatic officer, etc., Art. 177 will NOT apply

Liability for BOTH usurpation and RA No. 75? YES [JusticeCallejo]

Simulation of public authority is a MODE of committing crime ofkidnapping

Robbery may be committed by pretending to have public authority NOT complex crime, because it is a MODE of committing robbery, donot apply Art. 48

ART. 178 USING FICTITIOUS NAME

Public use of fictitious name to:1. Conceal crime2. Evade execution of judgment3. Cause damage

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Law requires PUBLIC USE how? One uses a fictitious name publicly IF HE USES THE NAME IN APUBLIC OR OFFICIAL DOCUMENT

US v. Piu, 35 P 4Fictitious name in a passport, liable? YES

What is the damage contemplated?NOT TO A PRIVATE PERSON, BUT TO PUBLIC INTEREST

What does public interest mean?Damage to the community in general

Fictitious name to defraud another NOT ART. 178, but ESTAFA(relate to Art. 315)

Fictitious name to enter house to rob NOT ART. 178, butROBBERY (relate to Art. 299)

Where one uses a fictitious name to commit falsification CuelloCallon: INTEGRATED in the crime of falsification

EVADING JUDGMENTLaw does not distinguish between criminal or civil cases

Supposing offender takes place of convict, so convict canescape, what crime?

CONVICT WHO ESCAPED evasion of service of sentencePERSON WHO TOOK PLACE 1. Using fictitious name under Art. 178 (Albert with whom

Justice Callejo does NOT agree);2. Use of fictitious name AND delivery of prisoner from jail under

Art. 156 (Reyes with whom Justice Callejo does not agreeinsofar as use of fictitious name is concerned);

3. Delivery of prisoner from jail, AND the use by a fictitious nameABSORBED (Regalado with whom Justice Callejo doesNOT agree);

4. complex crime delivery of prisoner from jail with use offictitious name (Justice Callejo)

If a person was able to conceal the escape of a convict by use of afictitious name 2 CRIMES

ART. 180, 181 FALSE TESTIMONY IN CRIMINAL CASESArt. 180 against a defendantArt. 181 in favor of a defendant

Judgments for violations of RPC?Include SPL using nomenclature of RPC

Art. 180 and 181 are crimes mala in se

Bachrach Motor v. CIR Necessary that testimony is COMPLETE when witness hasalready been cross-examined, and discharged as a witness

Villanueva v. Sec. of Justice, 475 S 495Law requires that OFFENDER BE AWARE OF FALSITY OFTESTIMONY

People v. Reyes, 48 OG 1837

People v. Maneja, 72 P 256 There must be a FINAL JUDGMENT; the mere testimony IS NOT

ENOUGH; final judgment a condition sine qua non

Under Art. 180, the testimony of a witness may refer not only to theguilt, but also to aggravating or qualifying circumstances

Whether the accused is convicted or not is immaterial

BUT Art. 180 WILL NOT APPLY if penalty less than correctionalpenalty, but WITNESS may be charged with perjury

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2. Subsidiaries of GOCCs, whether with original charter orcreated under the Corporation Code

3. Whether stock or non-stock AS LONG AS FUNCTIONS AREGOVERNMENTAL IN NATURE

Agbayani v. SayoPeople v. Sandiganbayan, 451 S 413

ART. 204 RENDERING UNJUST JUDGMENT

Cortez v. Nazario, 422 S 541DOES NOT APPLY TO APPELLATE JUDGES/JUSTICES, coversonly judges in MTC/RTC

In Re: Borromeo, 241 S 410There must first be a judgment in an appropriate proceeding condition sine qua non

In what proceeding?De Vera v. Pelayo, 390 P 596

1. Certiorari or prohibition under Rule 65 impugning the validityof the judgment

2. Administrative proceeding in the Supreme Court against the judge precisely for promulgating an unjust judgment or order

Zuo v. Cabebe, 444 S 382Felony in Art. 204 is MALUM IN SE, judge must act with malice

ART. 205 JUDGMENT RENDERED THROUGH NEGLIGENCE Committed by culpa

ART. 206 UNJUST INTERLOCUTORY ORDER

Loyola v. Gabo, 380 P 318

May be committed by dolo or by culpa

ART. 207 DELAY IN ADMINISTRATION OF JUSTICE Magdamo v. Judge Pahimulin, 73 S 110May be committed ONLY BY DOLO because of the use of the wordMALICIOUS to inflict damage or injury

ART. 208 PREVARICACION

US v. Mendoza, 23 P 194What crime/offense? RPC or SPL

Abuse of public position is an ELEMENT OF THE CRIMES UNDERCHAPTER 2, SECTION 1 Arts. 204-209

What about private individuals?Liable under PD No. 1829 and Art. 19 of the RPC, NOT UNDER ART.208

Merencillo v. People, 521 S 31A public officer or employee liable under Art. 208 or under Art. 209(bribery) may also be made liable under RA No. 3019 Sec. 3provides IN ADDITION to acts or omissions of public officers alreadypenalized by existing law

NOTE that prevaricacion is a constituent element of QUALIFIEDBRIBERY

ART. 210, 211 DIRECT/INDIRECT BRIBERY

Garcia v. Sandiganbayan, 507 S 208


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gJustice Callejo | 4A | I-2009 CG Meneses

Merencillo v. People***A comparison of the elements of the crime of bribery defined andpunished under Art. 210 and those of violation of Sec. 3(b) of RA No.3019 shows that there is neither identity nor necessary inclusionbetween the two offenses

Tad-y v. People, 466 S 474***Elements:

1. The offender is a public officer2. The offender accepts an offer or promise or receives a gift or

present by himself or through another3. Acceptance is with a view to commit some crime, to do an actwhich is not a crime but is unjust, or refrain from doingsomething which is his official duty to do

4. The act is in connection with the performance of his officialduties

Official duties include any action authorized it is sufficient if theofficer has the official power, ability, or apparent ability to bring aboutor to contribute to the desired end

It is also sufficient if the action of the officer is part of any establishedprocedure consistent with the authority of the government agency BUT where the act is ENTIRELY OUTSIDE OF THE OFFICIALFUNCTIONS OF THE OFFICER TO WHOM THE MONEY ISOFFERED, THE OFFENSE IS NOT BRIBERY

Use public officers definition in Art. 203What are official duties?Such duties with official power who can contribute to the end soughtto be achieved by bribery

Can bribery be attempted or frustrated? ATTEMPTED yesFRUSTRATED no

De los Angeles v. People, 103 P 295

US v. Te Tong, 26 P 453General rule always consummated

Liabilities of the PartiesRECEIVER briberyGIVER corruption of public officer

Justice Callejo: for the giver, if bribery is attempted, offense is ATTEMPTED CORRUPTION

First ModeUS v. Gimena, 24 P 464It is NOT NECESSARY that the GIFT WAS RECEIVED, IT ISENOUGH IF THERE WAS A PROMISE from which the public officialbases his performance, or the refraining of the act, or asconsideration

What about a judge who receives a bribe to render an unjustjudgment?TWO SEPARATE OFFENSES bribery AND knowingly renderingunjust judgment

Soriano v. Sandiganbayan, 31 July 1984Prevaricacion AND bribery are SEPARATE offenses do not applyArt. 48

It is enough that the act is CONNECTED TO THE PERFORMANCEOF DUTIES it is NOT A DEFENSE that the offender EXCEEDEDHIS AUTHORITY

Valderama v. NagalReceiving money on different occasions in consideration of one act AS MANY CRIMES AS BRIBES GIVEN AND RECEIVED


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May a private individual be liable for bribery? YES, as held inAcejas III v. People, 493 S 292 BUT according to Justice Callejo,there was CONSPIRANCY, and the crime was robbery or extortion

NOTE that BRIBERY IS CONSENSUAL it DOES NOT MATTER ifthe offense was committed, AS LONG AS THERE WAS ANAGREEMENT

Mamba v. Judge Garcia, 412 S 1A judge is an accomplice in the commission of bribery if hecooperated in the commission of the crime BY PREVIOUS OR

SIMULTANEOUS ACTSFormilleza v. Sandiganbayan, 129 S 91There must be an indication that the public officer received the moneyIN CONSIDERATION

ART. 211-A QUALIFIED BRIBERYRead in connection with prevaricacion

What about SPL punishing the offense with life imprisonment? Note that Art. 211-A uses reclusion perpetua ORDINARYBRIBERY ONLY, not under Art. 211-A

Justice Callejo: but look at intent of the law

NOTE that the person MUST BE CONVICTED OF THE CRIME

ART. 217 MALVERSATION

Salamera v. Sandiganbayan, 303 S 307Public Funds / Public Property funds or property owned by thegovernment, including LGUs and GOCCs; funds impressed withpublic character

Baluyot v. Organza, 325 S 222

NOTE the decision of the SC in Liban v. Gordon, 15 July 2009, whichoverturned Camporedondo v. NLRC and declared the PhilippineNational Red Cross as a private corporation as it is not owned norcontrolled by the government

Mariano Ocampo v. People, 4 Feb 2008Ocampo, a governor of Tarlac, entered into an agreement with NGOLingkod Tarlac for livelihood projects, and spent the amount for otherpurposes.Are loans given by the province to a foundation in the nature of

public funds? NO, money given as a loan LOSES ITS CHARACTERAS PUBLIC FUND OR PROPERTY even if prior to the loan is apublic fund

How is malversation committed?Pontevida v. People, 467 S 219

1. Misappropriation2. Taking for personal use3. Allowing another

Concept of taking in malversation, same as that in theft COMPLETE

Malversation may be committed by dolo or by culpa

ACCOUNTABLE OFFICERQuenejero v. People, 397 S 465

Consider duties of the officer:1. Custody of funds PART OF DUTY2. Duty-bound to ACCOUNT

Bariga v. Sandiganbayan, 457 S 301TITLE of the office is IMMATERIAL, it is the NATURE OF THE JOBWHICH IS DECISIVE OR CONTROLLING

Frias v. People, 4 Oct 2007Local government officials become accountable public officers either:


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1. Because of the nature of their functions2. On account of their participation in the use or application of

public funds

PUBLIC FUNDS/PROPERTYIs object evidence in the nature of public property? YESCastillo v. Buencillo, 427 S 356Solesta v. Mision, 457 S 519Even if an object is merely offered as exhibits is pending litigation,they are public property since they are in custodial egis

Hence, a CASH BAIL BOND, and MONEY CONSIGNED with thecourt, are also in the nature of public funds as they are in custodialegis public funds include money in custody by provision of law orthe Rules of Court or by any other order or legal process issued by acourt

People v. Enfermo, 476 S 513Payroll money of employees of the government are public fundsBEFORE they are given to the employees

Diego v. Sandiganbayan, 339 S 592Use of dangerous drugs seized by government malversation

Magsino v. People, 57 OG __ Includes objects seized by virtue of a search warrant

Arriola v. Sandiganbayan, 494 S 344

Logs seized pursuant to the Forestry Code, also public propertyLIABILITIESPeople v. Sendaydiego, 81 S 12Private individuals who conspire with public officers may also beguilty of malversation

Meneses v. Sandiganbayan, 232 S 441Chan v. Sandiganbayan, 466 S 190

Giving of vale or loan from public funds prohibited by Sec. 105 of theGovernment Auditing Code

Enriquez v. People, 331 S 538The law creates a prima facie presumption of malversation WHEN ANACCOUNTABLE OFFICER FAILS TO ACCOUNT WHENDEMANDED nevertheless, THERE MUST STILL BE EVIDENCEOF THE SHORTAGE

THERE ARE AS MANY CRIMES AS OCCASIONS WHEN MONEYTAKEN malversation may be complexed with other crimes, BUT

NOT when the other is used TO CONCEAL the crimeSan Jose v. Camorongan, 488 S 102When the officer is not an accountable officer, NO MALVERSATIONThere may be liability for MALVERSATION BY CULPA

Gaviola v. Navarete, 341 S 68Restitution DOES NOT extinguish criminal liability MITIGATEDonly

Pontevida v. SandiganbayanQuimpo v. Sandiganbayan

Arias v. Sandiganbayan, 19 Dec 1989Negligence MUST BE RECKLESS, SINCE GOOD FAITH IS ADEFENSE

Magsuci v. SandiganbayanNOTE that abuse of public position is INHERENT in malversation

ART. 218 FAILURE TO RENDER ACCOUNTCampomanes v. People, 511 S 285Requisites:

1. Required by law to render account2. Did not render account

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Manlangit v. SandiganbayanNO NEED for demand to render account basis is the OBLIGATIONOR DUTY IMPOSED BY LAW

Gravamen of the offense the FAILURE to render account asrequired by law

ART. 220 TECHNICAL MALVERSATION

Abdullah v. People, 455 S 78No misappropriation, or not for personal use public officer uses thefund or property for ANOTHER GOVERNMENTAL PURPOSE

RA NO. 7080 PLUNDER

Estrada v. Sandiganbayan, 421 S 280Plunder is malum in se

RELATE to Art. 8 is the Plunder Law a conspiracy statute?

ART. 223, 224 INFIDELITY IN CUSTODY OF PRISONERS

Who are included? Prisoners by final judgment (Art. 223, par. 1) and detention prisoners

(Art. 223, par. 2)RELATE to Art. 88, for unless the manner of service of sentence isallowed by this provision, there is liability

NOTE that a person serving DESTIERRO is NOT DETAINED

How may it be committed?By dolo or by culpa

Suppose a person arrested without a warrant who, whileundergoing preliminary investigation executed an affidavitwaiving Art. 125, and then escapes, is the officer liable? YES

Rodillas v. Sandiganbayan, 244 P 266Petitioner acted negligently and beyond the scope of his authoritywhen he permitted his charge to create the situation which led to herescape it is the duty of any police officer having custody of aprisoner to take the necessary precautions to assure the absence ofany means to escape, and a failure in this will make his act one ofdefinite laxity or negligence amounting to deliberate non-performance

of dutyPeople v. Bandino, 29 P 249Connivance tolerance of infraction

CONNIVING OR CONSENTING TO EVASION is penalized underArt. 223; EVASION THROUGH NEGLIGENCE is under Art. 224

What if the officer, without conniving, ALLOWED a DETENTIONPRISONER to escape? NO LIABILITY Art. 223 requiresconnivance; Art. 224 covers only prisoners by final judgment[BUT Art. 223 also uses the word CONSENTING, and to allow issimilar to to consent; also, Art. 224 mentions prisoner merelywhich is not as expressly qualified as in Art. 223 which provides that itbe by final judgment]

The OFFENDER MUST BE THE ONE IN CUSTODY OF THE

PRISONER

17 Sept 2009

ART. 246 PARRICIDE

Spouse legitimately marriedRelatives by blood in the direct line

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Children may be legitimate or illegitimate (include children fromadulterous or incestuous relationships)

People v. Paycana, 16 Apr 2008

What if the child is less than 3 days old? INFANTICIDE, NOTPARRICIDENOTE that in infanticide, RELATIONSHIP is NOT AN ELEMENT; butif either of the parents kills the child, impose PENALTY FORPARRICIDE, except as provided in par. 2 of Art. 255

NOTE that the law DOES NOT REQUIRE OFFENDERSAWARENESS OF HIS RELATIONSHIP WITH THE VICTIM, whatmatters is the FACT, not the knowledge, of the relationship

Parricide is ABSORBED in ROBBERY WITH HOMICIDE since theuse of term homicide is generic

HOWEVER, EVEN IF THERE IS CONSPIRACY, ONLY THEPERSON RELATED to the victim will be liable for parricide

RELATE to Art. 8, 17, and 48Complex crime of parricide and infanticide

People v. Laureano, 71 P 530In parricide, treachery is a GENERIC, NOT A QUALIFYING,CIRCUMSTANCE

Is there parricide by culpa? YES reckless imprudence resulting inparricide

People v. PaycanaCourt applied Art. 48 parricide with unintentional abortion

People v. Rubinos, 432 P __

Parricide is POSSIBLE in the ATTEMPTED and FRUSTRATEDstages

BUT, IF THERE WAS NO INTENT TO KILL physical injuries

RELATE to Art. 263, par. 2 relationship is a special aggravatingcircumstances

ART. 247 DEATH UNDER EXCEPTIONAL CIRCUMSTANCES

People v. Araquel, 106 P 677Art. 247 does not define a felony it merely grants a privilege or

benefit amounting to an exemptionDestierro in this instance is NOT A PENALTY, but TO PROTECTTHE ACCUSED FROM REVENGE

People v. Coricor, 79 P 627The rationale for imposing destierro is a product of twisted logic[Justice Perfecto]

May court consider Art. 13 or 14?Weight of authority does not and as held in People v. Oyanib, 406P 621, Art. 247 is in itself already an absolutory and exempting cause

PROBLEM: the law speaks of serious physical injuries, but whatif the crime/killing was merely attempted or frustrated, isdestierro still applicable?

People v. Wagas, 8 Mar 1989There must be a concurrence of:1. Offended spouse killing his or her spouse and the other

person2. Killing must be AT THE TIME of flagrant unfaithfulness

BUT what if the killing occurs AFTER? POSSIBLEPeople v. AbarcaIf killing is a DIRECT BY-PRODUCT length of time must be judgedon a case to case basis

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People v. Rabandan

OPTIONS defense of honor, and thus justified, under Art. 11; ORunder the circumstances in Art. 247, penalty is destierro

MISTAKE OF FACT is applicable

People v. Vergara, 15 S 1121

Defense of honor in Art. 11 may justify

NOTE that Art. 247 uses the term SEXUAL INTERCOURSE, so ifwhat was committed was SEXUAL ASSAULT, accused cannot invokeArt. 247 since this provision was not amended by RA No. 8353

ART. 248 MURDER

RELATE to RA No. 8294

People v. ComadreUse of explosives

People v. MalnganUse of fire

Outrage gross insult

Scoff contempt by derisive acts or languagePeople v. Olivo, 402 P 531People v. Guerrero, 238 P 118

For FIRE to be qualifying, its USE MUST BE PURPOSELY SOUGHT

NO complex crime of arson with homicide either ARSON, orHOMICIDE

People v. GaluraTreachery inherent in use of POISON, if there is intent to kill, and thevictim dies IF THERE IS NO INTENT TO KILL, treachery isqualifying if victim dies

ART. 249 HOMICIDE

General RuleATTEMPTED injuries are NOT life-threateningFRUSTRATED injuries life-threatening

Lazaro v. People, 26 June 2007It is not the gravity of the wounds alone which determines whether afelony is attempted or frustrated, but whether the assailant hadpassed the subjective phase in the commission of the offense

People v. Falorina, 424 S 655NO FRUSTRATED homicide through reckless imprudence homicide presupposes INTENT TO KILL, which is INCOMPATIBLEwith imprudence or negligence

BUT there is reckless imprudence resulting to physical injuries orserious physical injuries

Euthanasia is MURDER, although not defined specifically in the RPC,if initiative comes from the offender

RELATE to Sec. 6 of RA No. 9262

ART. 251, 252 TUMULTUOUS AFFRAYArt. 251 results in DEATHArt. 252 results in PHYSICAL INJURIES

Arts. 251 and 252 DO NOT DEFINE A CRIME, they merelyIDENTIFY WHO MAY BE LIABLE


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People v. Onlagada, 339 S 224Tumultuous affray takes placed when a quarrel occurs betweenpeople in a confused and tumultuous manner

People v. Abiog, 37 P 137SEVERAL means more than two FOR EACH group

People v. Sion, 277 S 127Arts. 251 and 252 WILL NOT APPLY IF ASSAILANT OR OFFENDERCAN BE IDENTIFIED

Other instances when Arts. 251, 252 WILL NOT APPLY:1. If there was ONLY ONE INDIVIDUAL ATTACKED2. If there was a DELIBERATE ATTACK on the other group

ART. 253 ASSISTANCE TO SUICIDE

People v. Marasigan, 70 P 588The PERSON ATTEMPTING TO COMMIT SUICIDE is NOT LIABLEIF HE SURVIVES

ART. 254 DISCHARGE OF FIREARMS

RELATE to Arts. 153, 154, 155, and 248

Dado v. People, 449 P 521Elements:1. Offender discharges firearm2. Against another person aimed at another TO SCARE, NOT

TO KILL OR INFLICT INJURY

What if the discharge was made in a public place? ART. 153 MAYAPPLY

People v. Arquiza, 62 P 611Complex crime of ILLEGAL DISCHARGE OF FIREARM WITHSERIOUS or LESS SERIOUS PHYSICAL INJURIES

Offense cannot be committed by culpa, since SPECIFIC INTENT ispresent, although not intent to kill

US v. Andrada, 5 P 464

ART. 255 INFANTICIDERelationship is NOT AN ELEMENT of this crime as long as victimis LESS THAN THREE DAYS OLD

People v. PaycanaThe child must be born ALIVE viable, or capable of independentlife

If the victim is a FETUS with INTRAUTERINE LIFE of 6 MONTHS abortion

CONCEALING OF MOTHER OF DISHONORMitigating circumstance

People v. Oro, 90 P 548Treachery is INHERENT in infanticide

People v. Morales, 121 S 426RELATE to Art. 276 (abandoning a minor)When a mother abandons a 2-day old child, and the child dies INFANTICIDEBut if there was no intent to kill, and the child dies ABANDONMENT

Although abuse of superior strength is NOT aggravating, SC hasruled that it may apply


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ART. 256, 257, 258, 259 ABORTION

People v. PaycanaPeople v. Lopez, 398 P 707

People v. Eng, 64 P 1057Unintentional abortion may be committed by CULPA

Is there frustrated abortion?

No decision yet, but Justice Regalado believes there is

ART. 260 DUEL

Can accused invoke the pari delicto doctrine? NO, doctrine isinapplicable in criminal cases

Can there be self-defense? NO, there was an agreement to fight

RELATE to Justo v. CA, where Justo hit the victim before reachingthe venue even if there was agreement to fight

ART. 262 MUTILATIONOf what?

1. Essential organ of reproduction, i.e., castration

2. Other organsOffense MUST BE PURPOSELY DONE, it must be intentional there is a deliberate intent, with a desired result

US v. Bogel, 7 P 286Mutilation is understood to be the lopping off or clipping off some partof the body the putting out of an eye does not come under thisdefinition

ART. 263 SERIOUS PHYSICAL INJURIES

Blindness must be COMPLETEImpotence does not mean inability to copulate

HAND is a PRINCIPAL PART, BUT a FINGER is NOT, EXCEPTTHAT, LOSS OF A THUMB is SERIOUS PHYSICAL INJURY

People v. Contemplacion, 40 OG __ Loss of 4 fingers is SERIOUS physical injuries

Loss of Hearing must be COMPLETE and TOTAL

People v. Balubar, 60 P 698

ART. 264 ADMINISTERING INJURIOUS SUBSTANCES

Must be WITHOUT INTENT TO KILL

Must be made KNOWINGLY the accused must be aware that thesubstance or the beverage is INJURIOUS to the health of the victim

If made WITHOUT KNOWLEDGE serious physical injuries throughreckless imprudence

What is meant by taking advantage?

Trickery, or pretending to possess supernatural powerMay there be an impossible crime in this instance? NOTHERE MUST BE NO OTHER CRIME, in this case there may bephysical injuries


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ART. 265 LESS SERIOUS PHYSICAL INJURIES

People v. Remo, 132 S 166If medically attended to for 2 days, and incapacitated for work for 24days LESS SERIOUS physical injuries

People v. Andaya, 34 P 69Rape with less serious physical injuries

ART. 266 SLIGHT PHYSICAL INJURIES

People v. Penesa, 81 P 398If THERE IS NO EVIDENCE OF INCAPACITY, crime is SLIGHTPHYSICAL INJURIES

What if the offender SLAPS the victims face? 1. No physical injuries and no incapacity SLIGHT PHYSICAL

INJURIES2. If PURPOSE is to humiliate in presence of other people

SLANDER BY DEED under Art. 3593. If WITH INTENT TO KILL homicide(?)4. If WITHOUT INTENT TO KILL Art. 365; SERIOUS

PHYSICAL INJURIES or CULPA if without negligence(?)

24 Sept 2009

ART. 266-A, B, C, D RAPE

People v. NequiaPeople v. Ritter

First FormBy a man includes husbands

Second FormBy a man OR a woman SEXUAL ASSAULT

People v. Abello, 25 Mar 2009Elements of Sexual Assault:

1. Offender commits act of sexual assault2. By means of inserting penis in anothers mouth or anal orifice,

OR any instrument or object into anothers genital or analorifice

3. Under the circumstances enumerated in Art. 266-A, par. 1

There is NO FRUSTRATED RAPE, nor FRUSTRATED SEXUALASSAULT

People v. Mahinay, 302 S 455STATUTORY RAPE when victim is BELOW 12 years old (actualage, not mental age)

People v. Edonino, 222 S 489Force may be actual or constructive

People v. Correa, 269 S 76People v. Antonio, 233 S 283Different people react differently in given situations

People v. Remudo, 416 S 432People v. Abulao, 530 S 675

DEPRIVED OF REASON People v. Andaya, 306 S 202People v. Nicolas, 436 S 462Means mental retardation, intellectual weakness, or mentalincapacity, OR mental deficiency or abnormality whichINCAPACITATES THE VICTIM TO GIVE CONSENT


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People v. Abuel, 261 S 339People v. Palma, 144 S 236

BUT deprivation NEED NOT BE COMPLETE

People v. Guillermo, 521 S 597Where victim was raped when she was ASLEEP likewiseincapable of giving consent

People v. Salarsa, 18 Aug 1997It does not matter whether the victim was only half-asleep, or wasonly drowsy, WHAT IS DETERMINATIVE IS WHETHER THE VICTIMCOULD HAVE GIVEN CONSENT OR NOT

People v. Conde, 252 S 681A person who is asleep is similar to an unconscious person

People v. Dela Cruz, 235 S 297

People v. Lintal

Use of drugs for rape

FRAUDULENT MACHINATIONi.e., accused is a twin brother who pretended to be the husbandMisrepresentationAccused hoodwinked the victim through deceit or machination

DEADLY WEAPON (in Art. 266-B)Does this include an unlicensed firearm?

People v. Alfeche, 294 S 353Deadly weapon any weapon or instrument calculated to producefear of death or serious bodily harm

People v. Cula, 385 P 742Mere possession of weapon IS NOT ENOUGH, IT MUST BE USEDTO PERPETRATE THE RAPE

What if the crime was committed with the use of a weapon, andcommitted by two persons? BOTH QUALIFY THE CRIME, no legalbasis to use the other as generic since either is not in Art. 14BUT this can be a basis for imposition of exemplary damages,following People v. Catubig

People v. Almanzor, 433 P 667If LICENSED FIREARM is used QUALIFYING CIRCUMSTANCEIf UNLICENSED FIREARM is used NOT AGGRAVATING,NEITHER IS IT A SEPARATE CRIME

RAPE WITH HOMICIDE/ATTEMPTED RAPE WITH HOMICIDESpecial complex crime, DO NOT APPLY Art. 48Homicide MUST BE CONSUMMATEDMust be committed BY REASON of the rape

People v. Ramos, 94 S 842BY REASON with a logical connection

LIABILITIES

If the accused TRANSMITS STD TO THE VICTIM AND VICTIM DIESRAPE WITH HOMICIDE

People v. Honra, Jr., 295 P 299If homicide is NOT consummated, there are TWO CRIMES (whatabout attempted homicide with rape?)

What if the victim suffers serious or less serious physicalinjuries?People v. Apiado, 53 P 325Apply Art. 48 SINGLE ACT

People v. LizadaPREPARATORY ACTS may be ACTS OF LASCIVIOUSNESS IFTHERE IS NO INTENT TO LIE WITH THE VICTIM

People v. Cordonio, 319 P 169If the PURPOSE is TO RAPE RAPE


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If the PURPOSE is to ABDUCT rape is incidental, so FORCIBLEABDUCTION WITH RAPE (note that forcible abduction requiresspecific intent lewd designs)

INTENT OF THE ACCUSED IN THIS INSTANCE IS PRIMORDIAL todetermine whether it is forcible abduction with rape, or separatecrimes of forcible abduction and rape

If KILLING is merely an AFTERTHOUGHT still, rape with homicide

People v. Obrique, 420 S 304

People v. Intong, 5 Feb 2004When rape and sexual assault is committed in the same occasion 2 SEPARATE CRIMES

People v. Soriano, 436 P 719People v. Aaron, 438 P 296

DO NOT APPLY Art. 15 if the relationship WILL REQUIRE THEIMPOSITION OF DEATH, but note that in RA No. 8353, relationship

is QUALIFYING, NOT mitigating

What if a pregnant woman is raped, and abortion is caused?RAPE WITH UNINTENTIONAL ABORTION (on the assumption thatoffender did not knew victim was pregnant see wording of Arts. 256and 257)

People v. Dio, 160 S 1972 rapists, but only one killed victim BOTH ARE LIABLE FOR RAPEWITH HOMICIDE

QUALIFYING CIRCUMSTANCES

May the age of the victim be stipulated in the pre-trial order? NO,People v. Balbarona

Can the court take judicial notice of the victims age?

People v. Rullepa, 398 S 567

If the court looks at the victim to determine age, THIS IS NOTJUDICIAL NOTICE, but a VIEW OF OBJECT EVIDENCE

What is the probative weight of this view by the judge?Depends on each case; this is but an approximation of age, NOTACTUAL PROOF

People v. Garcia, 346 P 475People v. Delantar, 514 S 115Guardian legal or judicial guardian

People v. Watiwat, 410 S 324

People v. Morillo, 434 P 743Under custody of police or military CONVICT OR DETENTIONPRISONER

PARDONPardon of one of the principals, by marriage, affects theACCOMPLICES and/or ACCESSORIES, BUT NOT THE OTHER

PRINCIPALS the only benefit the other principals will derive is withrespect to a lesser count of the commission of the offense

ART. 267 KIDNAPPING

Committed by a PRIVATE individual, otherwise, crime is ARBITRARYDETENTION

People v. Pickerell, 414 S 19Although the victim may have consented initially, but subsequentlywanted to return or go back KIDNAPPING

Serious Illegal Detention deprivation of liberty in whatever form

People v. Astorga, 283 S 420People v. Mercy Santos, 283 S 543

Length of detention is IRRELEVANT

CRIM

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