Ortega Notes Book 2 Crim
Ortega Notes Book 2 Crim
Ortega Notes Book 2 Crim
1.
2.
3.
4.
2.
3.
Corresponding
120);
4.
5.
with
hostile
country
(Art.
2.
THERE IS A WAR IN WHICH THE
PHILIPPINES IS INVOLVED;
3.
Offender either
A.
LEVIES
GOVERNMENT; OR
b.
WAR
AGAINST
THE
1.
2.
3.
4.
1.
2.
(1)
(2)
2.
3.
a.
b.
2.
3.
a.
b.
1.
2.
1.
3.
Acts punished
Elements
2.
1.
2.
3.
2.
3.
2.
3.
4.
5.
6.
Correspondence
with
Hostile
Elements
1.
2.
3.
an
by
a.
b.
c.
Elements
1.
2.
b.
exposure
reprisals
property.
of
on
Filipino citizens
their
persons
to
or
1.
2.
3.
Article 121.
Elements
1.
2.
3.
4.
2.
Elements of piracy
1.
2.
3.
Offenders either
4.
a.
b.
1.
2.
3.
Offenders either
a.
b.
As to offenders
Mutiny is committed by members of the
complement or the passengers of the vessel.
Piracy is committed by persons who are not
members of the complement or the
passengers of the vessel.
(2)
As to criminal intent
In mutiny, there is no criminal intent.
In piracy, the criminal intent is for gain.
1.
2.
3.
Offenders either
4.
a.
b.
b.
whenever
the
pirates
have
abandoned their victims without
means of saving themselves; or
c.
(2)
(2)
(3)
(4)
3.
While the stewardess of a Philippine
Air Lines plane bound for Cebu was waiting for the
passenger manifest, two of its passengers seated near
the pilot surreptitiously entered the pilot cockpit. At
gunpoint, they directed the pilot to fly the aircraft to
the Middle East. However, before the pilot could fly
the aircraft towards the Middle East, the offenders
were subdued and the aircraft landed. What crime
was committed?
The aircraft was not yet in flight. Considering
that the stewardess was still waiting for the passenger
manifest, the doors were still open. Hence, the anti
hi-jacking law is not applicable. Instead, the Revised
Penal Code shall govern. The crime committed was
grave coercion or grave threat, depending upon
whether or not any serious offense violence was
inflicted upon the pilot.
However, if the aircraft were of foreign
registry, the act would already be subject to the anti
hi-jacking law because there is no requirement for
foreign aircraft to be in flight before such law would
apply. The reason for the distinction is that as long as
such aircraft has not returned to its home base,
technically, it is still considered in transit or in flight.
As to numbers 3 and 4 of Republic Act No. 6235, the
distinction is whether the aircraft is a passenger
aircraft or a cargo aircraft. In both cases, however,
the law applies only to public utility aircraft in the
Philippines. Private aircrafts are not subject to the
anti hi-jacking law, in so far as transporting prohibited
substances are concerned.
If the aircraft is a passenger aircraft, the prohibition is
absolute.
Carrying of any prohibited, flammable,
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Crimes under this title are those which violate the Bill
of Rights accorded to the citizens under the
Constitution. Under this title, the offenders are public
officers, except as to the last crime offending the
religious feelings under Article 133, which refers to
any person. The public officers who may be held
liable are only those acting under supposed exercise
of official functions, albeit illegally.
In its counterpart in Title IX (Crimes Against Personal
Liberty and Security), the offenders are private
persons.
But private persons may also be liable
under this title as when a private person conspires
with a public officer. What is required is that the
principal offender must be a public officer. Thus, if a
private person conspires with a public officer, or
becomes an accessory or accomplice, the private
person also becomes liable for the same crime. But a
private person acting alone cannot commit the crimes
under Article 124 to 132 of this title.
Article 124. Arbitrary Detention
Again, the crime is violation of the anti hijacking law. The separate crime of grave threat is not
committed.
This is considered as a qualifying
circumstance that shall serve to increase the penalty.
Elements
1.
2.
He detains a person;
3.
1.
2.
3.
(2)
(3)
2.
As to offender
In arbitrary detention, the offender is a public
officer possessed with authority to make
arrests.
(2)
1.
2.
3.
b.
As to criminal intent
c.
or capital
2.
3.
Elements
1.
2.
b.
c.
Yes. Expulsion.
2.
If a Filipino citizen is sent out of the
country, what crime is committed?
Grave coercion, not expulsion, because a
Filipino cannot be deported. This crime refers only to
aliens.
1.
2.
3.
Acts punished
1.
2.
Elements
1.
2.
He either
a.
b.
3.
expels
any
Philippines; or
compels
a
residence;
Common elements
person
person
from
to
the
1.
2.
change
If committed at nighttime; or
2.
(1)
(2)
(3)
2.
A person surreptitiously enters the
dwelling of another. What crime or crimes were
possibly committed?
Article 129.
Search Warrants Maliciously
Obtained, and Abuse in the Service of Those
Legally Obtained
Acts punished
(1)
1.
(2)
(3)
search
warrant
without
just
Elements
2.
Procuring
cause;
1.
Offender is
employee;
public
officer
2.
3.
or
Offender is
employee;
2.
3.
Article 130.
Witnesses
Searching
public
Domicile
officer
or
without
Elements
1.
It was raining heavily. A policeman
took shelter in one persons house.
The owner
obliged and had his daughter serve the police some
coffee. The policeman made a pass at the daughter.
The owner of the house asked him to leave. Does this
fall under Article 128?
1.
2.
3.
Article 131.
Prohibition, Interruption,
Dissolution of Peaceful Meetings
4.
Elements
(2)
1.
2.
and
a.
prohibiting
or
by
interrupting,
without legal ground, the holding of a
peaceful meeting, or by dissolving
the same;
b.
c.
(3)
(4)
(2)
(1)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Disobedience
to
summons
issued
by
Congress, its committees, etc., by the
constitutional commissions, its committees,
etc. (Art. 150);
16.
2.
3.
2.
17.
18.
19.
20.
21.
22.
23.
24.
2.
b.
As to nature
In rebellion, there must be taking up or arms
against the government.
In sedition, it is sufficient that the public
uprising be tumultuous.
(2)
As to purpose
In rebellion, the purpose is always political.
In sedition, the purpose may be political or
social. Example: the uprising of squatters
against Forbes park residents. The purpose in
sedition is to go against established
government, not to overthrow it.
2.
3.
4.
Acts punished
1.
2.
3.
The leaders
a.
b.
2.
1.
2.
3.
The participants
a.
b.
Elements
2.
3.
2.
b.
c.
d.
e.
1.
3.
2.
3.
Elements
1.
2.
3.
2.
Article 143.
Acts Tending to Prevent the
Meeting of the Congress of the Philippines and
Similar Bodies
committees or constitutional
commissions, etc.;
Elements
1.
2.
2.
2.
b.
Article 145.
Immunity
Violation
of
Parliamentary
Acts punished
1.
2.
1.
Offender is
employee;
2.
3.
4.
public
officer
of
2.
3.
intimidation,
c.
Elements
Elements
There is a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city or
municipal council or board;
1.
b.
2.
2.
2.
Illegal associations
1.
2.
1.
illegal
(2)
and
Persons liable
assembly
(1)
illegal
1.
2.
2.
1.
Offender
employs
intimidation;
force
or
2.
3.
2.
3.
4.
5.
1.
2.
3.
2.
3.
4.
5.
3.
2.
3.
2.
3.
Municipal mayor;
2.
3.
4.
Teacher-nurse;
Resistance
or
serious
disobedience
is
committed only by resisting or seriously
disobeying a person in authority or his agent.
5.
6.
Provincial fiscal;
7.
8.
Municipal councilor;
9.
Article 154.
Unlawful Use of
Publication and Unlawful Utterances
Acts punished
Acts punished
1.
1.
2.
3.
2.
4.
3.
4.
5.
Means
of
2.
3.
4.
1.
(1)
2.
(2)
(3)
(1)
(2)
(3)
Elements
1.
2.
3.
1.
2.
2.
3.
4.
(2)
(3)
conflagration;
b.
earthquake;
c.
explosion; or
d.
similar catastrophe; or
e.
mutiny in which
participated;
he
has
not
3.
4.
a.
(2)
2.
3.
by
final
2.
20.
21.
22.
23.
24.
25.
1.
2.
3.
4.
5.
26.
6.
27.
7.
Counterfeiting,
importing
and
uttering
instruments not payable to bearer (Art. 167);
28.
8.
9.
10.
11.
12.
13.
1.
14.
2.
15.
3.
16.
Article 162.
Using Forged
Counterfeit Seal or Stamp
17.
Elements
18.
19.
1.
Signature
or
2.
Offender
forgery;
knew
of
the
3.
counterfeiting
seal
or
or
forged
2.
3.
2.
3.
2.
(2)
(3)
(1)
(2)
(3)
It has to be a coin.
2.
Possession;
2.
3.
Knowledge.
2.
Knowledge.
2.
Importation of such
obligations or notes;
3.
false
or
forged
Article 167.
Counterfeiting, Importing, and
Uttering Instruments Not Payable to Bearer
Elements
1.
2.
3.
2.
3.
He either
Elements
1.
1.
a.
b.
1.
2.
Falsification
of
Legislative
Elements
1.
2.
3.
4.
3.
(2)
(3)
Falsification
commercial
individual;
(4)
(5)
Falsification of wireless,
telephone messages.
of a public or
documents
by
official, or
a
private
telegraph
Counterfeiting
or
imitating
any
handwriting, signature or rubric;
b.
c.
d.
e.
f.
g.
h.
and
2.
4.
(2)
(3)
(4)
2.
4.
Can the writing on the wall be
considered a document?
3.
5.
In a case where a lawyer tried to
extract money from a spinster by typing on a bond
paper a subpoena for estafa. The spinster agreed to
pay. The spinster went to the prosecutors office to
verify the exact amount and found out that there was
no charge against her. The lawyer was prosecuted for
falsification.
He contended that only a genuine
document could be falsified. Rule.
1.
2.
3.
1.
2.
3.
3.
1.
2.
3.
document
1,
2.
2.
3.
1.
2.
3.
4.
Article 174.
False Medical Certificates, False
Certificates of Merits or Service, Etc.
Persons liable
1.
Acts punished
1.
telegraph
1,
or
Elements
2.
3.
2.
Elements
Elements
1.
1.
a.
2.
3.
4.
c.
2.
3.
Article
178.
Using
Concealing True Name
1.
and
2.
3.
Acts punished
2.
Name
Acts punished
1.
Fictitious
2.
2.
Purpose
identity.
is
only
to
conceal
his
Usurpation of authority;
Elements
1.
Offender
knowingly
represents himself;
and
falsely
Article 181.
Defendant
Elements
1.
2.
3.
In a criminal case.
Elements
1.
2.
3.
or
dress
is
used
False
Testimony
against
1.
2.
3.
Testimony is false;
4.
5.
1.
2.
3.
4.
Acts punished
Elements
Elements
1.
criminal
cases
1.
2.
Elements of perjury
1.
2.
3.
4.
under
2.
3.
Article 184.
Evidence
Offering
False
Testimony
in
1.
Elements
1.
Elements
3.
2.
Acts punished
1.
1.
2.
1.
2.
3.
Elements
2.
1.
2.
3.
4.
2.
3.
4.
3.
2.
3.
Article 187.
Importation and Disposition of
Falsely Marked Articles or Merchandise Made of
Gold, Silver, or Other Precious Metals of Their
Alloys
Elements
1.
2.
3.
2.
3.
4.
Fraudulent designation
description:
Acts punished
Substituting the trade name or trademark of
some other manufacturer or dealer, or a
colorable imitation thereof for the trade name
or trademark of the real manufacturer or
dealer upon any article of commerce and
selling the same;
2.
3.
4.
Article 189.
Unfair Competition, Fraudulent
Registration of Trade Name, Trademark, or
Service Mark, Fraudulent Designation of Origin,
and False Description
Acts punished
1.
Unfair competition;
Elements
1.
2.
origin;
false
Elements
1.
2.
Article
188.
Substituting
and
Altering
Trademarks, Trade names, or Service Marks
1.
of
3.
Fraudulent registration
Elements
1.
2.
name,
155.2.
Reproduce, counterfeit, copy or
colorably imitate a registered mark or a dominant
feature thereof and apply such reproduction,
counterfeit, copy or colorable imitation to labels,
signs, prints, packages, wrappers, receptacles or
advertisement intended to be used in commerce upon
or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or
in connection with which such use is likely to cause
confusion, or to cause mistake, or to deceive shall be
liable in a civil action for infringement by the
registrant for the remedies hereinafter set forth:
Provided, that the infringement takes place at the
moment any of the acts stated in Subsection 155.1 or
this subsection are committed regardless of whether
there is actual sale of goods or services using the
infringing material.
Section 168. Unfair Competition, Rights,
Regulation and Remedies.
168.1. Any person who has identified in the
mind of the public the goods he manufactures or
deals in, his business or services from those of others,
whether or not a registered mark is employed, has a
property right in the goodwill of the said goods,
business or service so identified, which will be
protected in the same manner as other property
rights.
168.2.
Any person who shall employ
deception or any other means contrary to good faith
by which he shall pass off the goods manufactured by
him or in which he deals, or his business, or services
for those of the one having established such goodwill,
or who shall commit any acts calculated to produce
said result, shall be guilty of unfair competition, and
shall be subject to an action therefor.
168.3. In particular, and without in any way
limiting the scope of protection against unfair
competition, the following shall be deemed guilty of
unfair competition:
(a)
Any person, who is selling his goods
and gives them the general appearance of goods of
another manufacturer or dealer, either as to the
goods themselves or in the wrapping of the packages
in which they are contained, or the devices or words
thereon, on in any other feature or their appearance,
which would be likely to influence purchasers to
believe that the goods offered are those of a
manufacturer or dealer, other than the actual
manufacturer or dealer, or who otherwise clothes the
goods with such appearance as shall deceive the
public and defraud another of his legitimate trade, or
any subsequent vendor of such goods or any agent of
any vendor engaged in selling such goods with a like
purpose; or
(b)
Any person who by any artifice, or
device, or who employs any other means calculated to
induce the false belief that such person is offering the
services of another who ahs identified such services in
the mind of the public; or
(c)
Any person who shall make any false
statement in the course of trade or who shall commit
any other act contrary to good faith of a nature
calculated to discredit the goods, business or services
of another.
168.4. The remedies provided by Section
156, 157 and 161 shall apply mutatis mutandis.
Section 169. False Designation or Origin;
False Description or Representation.
169.1. Any person who, on or in connection
with any goods or services, or any container for
goods, uses in commerce any word, term, name,
symbol, or device, or any combination thereof, or any
false designation of origin, false or misleading
description
of
fact,
or false
or misleading
representation of fact, which:
(a)
Is likely to cause confusion, or to
cause mistake, or to deceive as to the affiliation,
connection, or association of such person with another
person, or as to the origin, sponsorship, or approval
of his or her goods, services, or commercial activities
by another person; or
(b)
In
commercial
advertising
or
promotion, misrepresents the nature, characteristics,
qualities, or geographic origin of his or her or another
person's goods, services or commercial activities,
shall be liable to a civil action for damages and
injunction provided in Section 156 and 157 of this Act
by any person who believes that he or she is or likely
to be damaged by such act.
TITLE V.
CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
Articles 190, 191, 192, 193 and194 of the Revised
Penal Code have been repealed by Republic Act No.
6425 (The Dangerous Drugs Act of 1972), as
amended by Presidential Decree No. 1683 and further
amended by Republic Act No. 7659.
Acts punished by the Republic Act No. 6425
1.
2.
3.
8.
4.
Article 195.
Gambling
5.
6.
7.
8.
9.
10.
11.
12.
Acts
Are
Punishable
in
Acts punished
1.
b.
other
1.
2.
3.
4.
5.
6.
7.
2.
3.
4.
1.
2.
3.
4.
1.
2.
1.
2.
3.
4.
2.
Illustrations:
(1)
1.
2.
3.
4.
(2)
act does not fall under any other crime in the Revised
Penal Code.
2.
Illustrations:
(1)
b.
Those who, in theaters, fairs,
cinematographs, or any other place, exhibit
indecent or immoral plays, scenes, acts, or
shows, it being understood that the obscene
literature or indecent or immoral plays,
scenes, acts or shows, whether live or in film,
which are proscribed by virtue hereof, shall
include those which: (1) glorify criminals or
condone crimes; (2) serve no other purpose
but to satisfy the market for violence, lust or
pornography; (3)
offend any race, or
religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law,
public
order,
morals,
good
customs,
established policies, lawful orders, decrees
and edicts; and
(3)
(4)
1.
3.
1.
2.
3.
4.
5.
6.
Obscene
Indecent
Acts punished
a.
The authors of obscene literature,
published with their knowledge in any form,
the editors publishing such literature; and the
owners/operators of the establishment selling
the same;
Test of Obscenity:
Whether or not the material
charged as obscene has the tendency to deprave and
corrupt the minds of those open to the influence
thereof, or into whose hands such material may come
to (Kottinger Rule).
Illustration:
8.
9.
10.
11.
12.
13.
14.
15.
16.
Failure of accountable
accounts (Art. 218);
17.
18.
19.
20.
21.
22.
23.
Removal, concealment
documents (Art. 226);
24.
25.
26.
27.
28.
(2)
(3)
TITLE VII.
OFFICERS
officer
or
to
render
destruction
of
1.
2.
3.
4.
Malicious delay in
justice (Art. 207);
5.
Prosecution of offenses;
tolerance (Art. 208);
and
29.
6.
30.
7.
31.
the
administration
negligence
of
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
(2)
(3)
Article 204.
Judgment
Knowingly
Rendering
Unjust
1.
Offender is a judge;
1.
2.
or
3.
Judgment is unjust;
4.
b.
By popular election; or
c.
By
appointment
authority.
by
competent
Article 205.
Negligence
Judgment
Rendered
through
1.
Offender is a judge;
2.
3.
4.
1.
Maliciously
refraining
from
instituting
prosecution against violators of the law;
1.
Offender is a judge;
2.
2.
Maliciously
offenses.
tolerating
the
commission
of
a.
Knowingly
rendering
an
unjust
interlocutory order or decree; or
b.
Rendering
a
manifestly
unjust
interlocutory order or decree through
inexcusable negligence or ignorance.
1.
2.
3.
Delay
in
the
1.
Offender is a judge;
2.
3.
4.
(2)
(3)
He may be held liable for violating the AntiGraft and Corrupt Practices Act.
Prevaricacion
This used to be a crime under the Spanish Codigo
Penal, wherein a public officer regardless of his duty
violates the oath of his office by not carrying out the
duties of his office for which he was sworn to office,
thus, amounting to dereliction of duty.
But the term prevaricacion is not limited to dereliction
of duty in the prosecution of offenders. It covers any
dereliction of duty whereby the public officer involved
violates his oath of office. The thrust of prevaricacion
is the breach of the oath of office by the public officer
who does an act in relation to his official duties.
While in Article 208, dereliction of duty refers only to
prosecuting officers, the term prevaricacion applies to
public officers in general who is remiss or who is
maliciously refraining from exercising the duties of his
office.
Illustration:
The offender was caught for white slavery.
The
policeman allowed the offender to go free for some
consideration. The policeman does not violate Article
208 but he becomes an accessory to the crime of
white slavery.
But in the crime of theft or robbery, where the
policeman shared in the loot and allowed the offender
to go free, he becomes a fence. Therefore, he is
considered an offender under the Anti-Fencing Law.
Relative to this crime under Article 208, consider the
crime of qualified bribery. Among the amendments
made by Republic Act No. 7659 on the Revised Penal
Code is a new provision which reads as follows:
Article.
211-A.
Qualified
Bribery If any public officer is
entrusted with law enforcement and
he
refrains
from
arresting
or
prosecuting an offender who has
committed a crime punishable by
Reclusion Perpetua and/or death in
consideration of any offer, promise,
gift, or present, he shall suffer the
penalty for the offense which was not
prosecuted.
asks
1.
By
any
malicious
professional duty;
breach
of
b.
By
inexcusable
ignorance.
negligence
or
3.
(2)
(3)
Inexcusable negligence;
(4)
Revelation of secrets
professional capacity;
(5)
learned
in
his
2.
3.
Elements
1.
2.
3.
4.
a.
b.
c.
1.
2.
He accepts gifts;
3.
The Supreme Court has laid down the rule that for
indirect bribery to be committed, the public officer
must have performed an act of appropriating of the
gift for himself, his family or employees. It is the act
of appropriating that signifies acceptance. Merely
delivering the gift to the public officer does not bring
about the crime. Otherwise it would be very easy to
remove a public officer: just deliver a gift to him.
Illustrations:
(1)
(2)
1.
2.
3.
4.
Offender
refrains
from
arresting
or
prosecuting in consideration of any offer,
promise, gift, or present.
(5)
(2)
Information
bribery;
(2)
(3)
(4)
must
refer
to
consummated
Through
misappropriation,
conversion,
misuse, or malversation of public funds or
raids on the public treasury;
(2)
(3)
(4)
(5)
(6)
2.
(2)
2.
(3)
3.
(4)
4.
2.
3.
2.
b.
c.
(2)
(b)
(c)
(b)
(c)
the
require
damage
to
the
2.
He
takes
position;
3.
advantage
of
his
official
2.
3.
4.
the
2.
3.
Illustration:
A taxpayer pays his obligation with a check not his
own but pertaining to another. Because of that, the
check bounced later on.
not
2.
3.
4.
2.
3.
4.
1.
An
unlicensed
firearm
was
confiscated by a policeman. Instead of turning over
the firearm to the property custodian for the
prosecution of the offender, the policeman sold the
firearm. What crime was committed?
2.
Can the buyer be liable under the
Anti-fencing law?
No. The crime is neither theft nor robbery,
but malversation.
3.
A member of the Philippine National
Police went on absence without leave.
He was
charged with malversation of the firearm issued to
him. After two years, he came out of hiding and
surrendered the firearm. What crime was committed?
The crime committed was malversation.
Payment of the amount misappropriated or restitution
of property misappropriated does not erase criminal
liability but only civil liability.
When private property is attached or seized by public
authority and the public officer accountable therefor
misappropriates the same, malversation is committed
also.
Illustration:
If a sheriff levied the property of the defendants and
absconded with it, he is not liable of qualified theft
Illustration:
A government cashier did not bother to put the public
fund in the public safe/vault but just left it in the
drawer of his table which has no lock. The next
morning when he came back, the money was already
gone. He was held liable for malversation through
negligence because in effect, he has abandoned the
fund or property without any safety.
(2)
(3)
(4)
Illustration:
Municipal treasurer connives with outsiders to make it
appear that the office of the treasurer was robbed.
He worked overtime and the co-conspirators barged
in, hog-tied the treasurer and made it appear that
there was a robbery.
Crime committed is
malversation because the municipal treasurer was an
accountable officer.
Note that damage on the part of the government is
not considered an essential element. It is enough
that the proprietary rights of the government over the
funds have been disturbed through breach of trust.
It is not necessary that the accountable public officer
should actually misappropriate the fund or property
involved. It is enough that he has violated the trust
reposed on him in connection with the property.
Illustration:
(1)
(2)
amount. He claimed that it is in his house -with that alone, he was charged with
malversation and was convicted.
Any overage or excess in the collection of an
accountable public officer should not be extracted by
him once it is commingled with the public funds.
Illustration:
When taxpayers pay their accountabilities to the
government by way of taxes or licenses like
registration of motor vehicles, the taxpayer does not
bother to collect loose change. So the government
cashier accumulates the loose change until this
amounts to a sizable sum.
In order to avoid
malversation, the cashier did not separate what is due
the government which was left to her by way of loose
change. Instead, he gets all of these and keeps it in
the public vault/safe. After the payment of the taxes
and licenses is through, he gets all the official receipts
and takes the sum total of the payment. He then
opens the public vault and counts the cash. Whatever
will be the excess or the overage, he gets. In this
case, malversation is committed.
Note that the moment any money is commingled with
the public fund even if not due the government, it
becomes impressed with the characteristic of being
part of public funds. Once they are commingled, you
do not know anymore which belong to the
government and which belong to the private persons.
So that a public vault or safe should not be used to
hold any fund other that what is due to the
government.
When does presumption of misappropriation arise?
When a demand is made upon an accountable officer
and he cannot produce the fund or property involved,
there is a prima facie presumption that he had
converted the same to his own use. There must be
indubitable proof that thing unaccounted for exists.
Audit should be made to determine if there was
shortage. Audit must be complete and trustworthy.
If there is doubt, presumption does not arise.
Presumption arises only if at the time the demand to
produce the public funds was made, the accountability
of the accused is already determined and liquidated.
A demand upon the accused to produce the funds in
his possession and a failure on his part to produce the
same will not bring about this presumption unless and
until the amount of his accountability is already
known.
In Dumagat v. Sandiganbayan, 160 SCRA 483, it
was held that the prima facie presumption under the
Revised Penal Code arises only if there is no issue as
to the accuracy, correctness and regularity of the
audit findings and if the fact that public funds are
missing is indubitably established. The audit must be
1.
2.
3.
4.
1.
2.
3.
Article 220.
property
Elements
1.
2.
3.
4.
2.
2.
3.
Article 223.
Evasion
1.
2.
3.
4.
Elements
1.
2.
3.
the
Elements
1.
2.
3.
4.
the
the
the
jail
The
Concealment,
or
Elements
1.
2.
He abstracts, destroys
document or papers;
3.
4.
or
conceals
However,
4.
1.
2.
3.
Elements
Elements
1.
2.
3.
4.
3.
Article 231.
Open Disobedience
Elements
Acts punished
1.
1.
2.
3.
4.
2.
1.
2.
3.
4.
2.
3.
Those
papers
published;
should
not
2.
An order is
execution;
3.
4.
5.
be
4.
5.
6.
2.
private
by
his
superior
for
suspended
the
2.
3.
Elements
1.
issued
1.
2.
3.
2.
3.
b.
Illustration:
A fireman was asked by a private person for services
but was refused by the former for lack of
consideration.
It was held that the crime is not refusal of assistance
because the request did not come from a public
authority. But if the fireman was ordered by the
authority to put out the fire and he refused, the crime
is refusal of assistance.
If he receives consideration therefore, bribery is
committed. But mere demand will fall under the
prohibition under the provision of Republic Act No.
3019 (Anti-Graft and Corrupt Practices Act).
By
overdoing
himself
in
the
correction or handling of a prisoner
or detention prisoner under his
charge either
(1)
By
the
imposition
of
punishment not authorized
by the regulations; or
(2)
By
inflicting
such
punishments
(those
authorized) in a cruel and
humiliating manner; or
Article 236.
Office
Elements
1.
2.
3.
4.
Article 237.
and Powers
Elements
1.
2.
3.
2.
3.
4.
2.
Elements
Elements
1.
1.
Offender is a judge;
2.
2.
3.
4.
1.
2.
Article
242.
Disqualification
Disobeying
Request
for
Acts punished
1.
2.
3.
Elements
1.
2.
3.
4.
5.
Elements:
1.
2.
3.
Such woman is
a.
b.
c.
Elements
1.
2.
3.
(2)
(2)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Administering
injurious
beverages (Art. 264);
18.
19.
20.
substances
or
Parricide;
(2)
Murder;
(3)
Homicide;
(4)
Infanticide; and
(5)
A person is killed;
2.
3.
2.
3.
(2)
(2)
(3)
(4)
Physical
injuries
through
reckless
imprudence, if a third party is injured.
2.
3.
b.
c.
4.
e.
f.
following
qualifying
Illustration:
The accused, three young men, resented the
fact that the victim continued to visit a girl in
their neighborhood despite the warning they
gave him. So one evening, after the victim
had visited the girl, they seized and tied him
to a tree, with both arms and legs around the
tree. They thought they would give him a
lesson by whipping him with branches of
gumamela until the victim fell unconscious.
The accused left not knowing that the victim
died.
(3)
Inundation,
fire,
poison,
explosion,
shipwreck, stranding of a vessel, derailment
or assault upon a street car or locomotive,
fall of an airship, by means of a motor
vehicle, or with the use of other means
involving great waste and ruin;
The only problem insofar as the killing by fire
is concerned is whether it would be arson
with homicide, or murder.
(4)
(5)
(6)
(6)
(7)
Killing of a
qualified by
of the child
the absence
(2)
(3
(4)
(5)
2.
3.
4.
(2)
from
each
could
liable
them
(3)
(4)
(5)
Elements
1.
2.
3.
These
several
persons
quarreled
and
assaulted one another in a confused and
tumultuous manner;
4.
5.
6.
(2)
(2)
(3)
Illustration:
If a fight ensued between 20 Sigue-Sigue Gang men
and 20 Bahala-Na- Gang men, and in the course
thereof, one from each group was killed, the crime
would be homicide or murder; there will be collective
responsibility on both sides. Note that the person
killed need not be a participant in the fight.
Article 252.
Physical Injuries Inflicted in A
Tumultuous Affray
Elements
1.
2.
3.
4.
2.
(2)
1.
2.
(2)
1.
2.
2.
3.
Illustration:
1.
Elements
There is a pregnant woman;
2.
3.
4.
1.
2.
3.
4.
Illustration:
A mother delivered an offspring which had an intrauterine life of seven months. Before the umbilical cord
is cut, the child was killed.
2.
3.
Abortion is caused by
a.
b.
c.
Illustration:
The act of pushing another causing her to fall is a
felonious act and could result in physical injuries.
Correspondingly, if not only physical injuries were
sustained but abortion also resulted, the felonious act
of pushing is the proximate cause of the unintentional
abortion.
2.
3.
4.
each side, who make the selection of arms and fix all
the other conditions of the fight to settle some
antecedent quarrel.
Illustration:
Responsibility of Participants in A
Acts punished
1.
2.
Inflicting
injuries;
3.
upon
such
1.
2.
3.
Illustration:
If one challenges another to a duel by shouting Come
down, Olympia, let us measure your prowess. We will
see whose intestines will come out. You are a coward
if you do not come down, the crime of challenging to
a duel is not committed. What is committed is the
crime of light threats under Article 285, paragraph 1
of the Revised Penal Code.
Article 262. Mutilation
adversary
no
physical
physical
Acts punished
1.
Persons liable
Elements
1.
1.
2.
2.
2.
c.
3.
be
committed
through
criminal
By wounding;
2.
By beating;
3.
By assaulting; or
4.
2.
b.
4.
Becomes deformed; or
b.
c.
d.
(2)
(2)
It must be visible;
(3)
Illustration:
Loss of molar tooth This is not deformity as
it is not visible.
Loss of permanent front tooth This is
deformity as it is visible and permanent.
Loss of milk front tooth This is not
deformity as it is visible but will be naturally
replaced.
(2)
2.
3.
b.
2.
1.
2.
Qualified as to penalty
1.
adding
b.
Slight
Physical
Injuries
and
Acts punished
1.
2.
3.
party out of a quarrel or anger, the crime is still illtreatment or slight physical injuries.
Illustration:
If Hillary slaps Monica and told her You choose your
seconds . Let us meet behind the Quirino Grandstand
and see who is the better and more beautiful between
the two of us, the crime is not ill-treatment, slight
physical injuries or slander by deed; it is a form of
challenging to a duel. The criminal intent is to
challenge a person to a duel.
Offender is a man;
2.
3.
a.
b.
c.
d.
2.
3.
a.
b.
b.
c.
d.
(1)
(2)
(4)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(3)
(4)
(2)
(2)
(b)
Reclusion perpetua
temporal --
to
death/
reclusion
(a)
(b)
8.
9.
10.
11.
12.
13.
14.
15.
16.
1.
2.
3.
4.
5.
6.
7.
8.
Article 267.
Detention
seizure
of
Elements
in
2.
3.
4.
5.
6.
7.
1.
2.
3.
4.
b.
c.
d.
Illustration:
If a private person commits the crime of kidnapping
or serious illegal detention, even though a public
officer conspires therein, the crime cannot be
arbitrary detention. As far as that public officer is
concerned, the crime is also illegal detention.
In the actual essence of the crime, when one says
kidnapping, this connotes the idea of transporting the
offended party from one place to another. When you
think illegal detention, it connotes the idea that one is
restrained
of
his
liberty
without
necessarily
transporting him from one place to another.
The crime of kidnapping is committed if the purpose
of the offender is to extort ransom either from the
victim or from any other person. But if a person is
transported not for ransom, the crime can be illegal
detention. Usually, the offended party is brought to a
place other than his own, to detain him there.
When one thinks of kidnapping, it is not only that of
transporting one person from one place to another.
One also has to think of the criminal intent.
Forcible abduction -- If a woman is transported from
one place to another by virtue of restraining her of
her liberty, and that act is coupled with lewd designs.
Serious illegal detention If a woman is transported
just to restrain her of her liberty. There is no lewd
design or lewd intent.
Grave coercion If a woman is carried away just to
break her will, to compel her to agree to the demand
or request by the offender.
In a decided case, a suitor, who cannot get a
favorable reply from a woman, invited the woman to
ride with him, purportedly to take home the woman
from class. But while the woman is in his car, he
drove the woman to a far place and told the woman
to marry him.
On the way, the offender had
repeatedly touched the private parts of the woman. It
was held that the act of the offender of touching the
private parts of the woman could not be considered as
lewd designs because he was willing to marry the
offended party. The Supreme Court ruled that when
it is a suitor who could possibly marry the woman,
merely kissing the woman or touching her private
parts to compel her to agree to the marriage, such
cannot be characterized as lewd design. It is
considered merely as the passion of a lover. But if
the man is already married, you cannot consider that
Illustration:
Tom Cruz invited Nicole Chizmacks for a snack. They
drove along Roxas Boulevard, along the Coastal Road
and to Cavite. The woman was already crying and
wanted to be brought home. Tom imposed the
condition that Nicole should first marry him. Nicole
found this as, simply, a mission impossible. The
crime committed in this case is grave coercion. But if
after they drove to Cavite, the suitor placed the
woman in a house and would not let her out until she
agrees to marry him, the crime would be serious
illegal detention.
If the victim is a woman or a public officer, the
detention is always serious no matter how short the
period of detention is.
Circumstances which make illegal detention serious
(1)
(2)
(3)
(4)
(5)
(2)
(3)
2.
3.
4.
without the
circumstances
(2)
(3)
2.
3.
Article 271.
Home
Elements
1.
2.
2.
Elements
1.
2.
Elements
1.
2.
3.
Article
274.
Services
Rendered
Compulsion in Payment of Debt
under
Elements
1.
2.
3.
2.
3.
4.
Elements
1.
1.
2.
2.
3.
Accused
can
render
assistance
without detriment to himself;
4.
2.
3.
2.
1.
2.
3.
in life requires
permits.
and
financial
condition
Elements:
1.
Offender is a parent;
2.
3.
2.
3.
4.
5.
2.
3.
(2)
(3)
1.
2.
3.
4.
Elements
Acts punished:
1.
2.
3.
(2)
(2)
(3)
(4)
(5)
2.
3.
4.
Acts punished
Illustration:
1.
2.
3.
2.
Elements
1.
2.
3.
1.
Elements:
Elements
1.
1.
2.
2.
3.
3.
4.
2.
1.
1.
3.
Article 289.
Formation, Maintenance, and
Prohibition of Combination of Capital or Labor
through Violence or Threats
Elements
1.
2.
Elements
2.
1.
3.
2.
4.
3.
2.
3.
4.
22.
23.
24.
25.
26.
27.
28.
29.
2.
3.
4.
5.
6.
7.
8.
9.
10.
to
means
of
public
There is
another;
2.
11.
3.
4.
12.
13.
14.
15.
16.
17.
18.
19.
Removal, sale or
property (Art. 319);
20.
21.
pledge
of
personal
property
belonging
to
mortgaged
1.
2.
3.
4.
5.
6.
7.
Illustration:
Robbers decided to commit robbery in a house, which
turned out to be a boarding house. Thus, there were
different boarders who were offended parties in the
robbery. There is only one count of robbery. If there
were killings done to different boarders during the
robbery being committed in a boarders quarter, do
not consider that as separate counts of robbery with
homicide because when robbers decide to commit
robbery in a certain house, they are only impelled by
one criminal intent to rob and there will only be one
case of robbery. If there were homicide or death
committed, that would only be part of a single
robbery. That there were several killings done would
only aggravate the commission of the crime of
robbery with homicide.
In People v. Quiones, 183 SCRA 747, it was held
that there is no crime of robbery with multiple
homicides. The charge should be for robbery with
homicide only because the number of persons killed is
immaterial and does not increase the penalty
prescribed in Article 294. All the killings are merged
in the composite integrated whole that is robbery with
homicide so long as the killings were by reason or on
occasion of the robbery.
In another case, a band of robbers entered a
compound, which is actually a sugar mill. Within the
compound, there were quarters of the laborers. They
robbed each of the quarters. The Supreme Court held
that there was only one count of robbery because
when they decided and determined to rob the
compound, they were only impelled by one criminal
intent to rob.
With more reason, therefore, if in a robbery, the
offender took away property belonging to different
owners, as long as the taking was done at one time,
and in one place, impelled by the same criminal intent
to gain, there would only be one count of robbery.
In robbery with homicide as a single indivisible
offense, it is immaterial who gets killed. Even though
the killing may have resulted from negligence, you
will still designate the crime as robbery with homicide.
Illustration:
On the occasion of a robbery, one of the offenders
placed his firearm on the table. While they were
ransacking the place, one of the robbers bumped the
table. As a result, the firearm fell on the floor and
discharged. One of the robbers was the one killed.
Even though the placing of the firearm on the table
where there is no safety precaution taken may be
considered as one of negligence or imprudence, you
do not separate the homicide as one of the product of
criminal negligence.
It will still be robbery with
homicide, whether the person killed is connected with
4.
5.
In an uninhabited place;
2.
By a band;
3.
1.
2.
3.
4.
2.
3.
2.
b.
3.
c.
d.
name or
of public
2.
b.
2.
an inhabited place;
(2)
public buildings;
(3)
Any of the
present:
circumstances
was
a.
b.
c.
d.
e.
3.
following
Elements of brigandage
1.
2.
2.
a.
b.
c.
Elements
1.
2.
3.
Article 305
following:
defines
false
keys
to
include
Article 307.
Brigands
Elements
1.
2.
3.
the
1.
2.
3.
a.
b.
c.
Highway
robbery/brigandage
under
Presidential Decree No. 532 is the seizure of
any person for ransom, extortion or for any
other lawful purposes, or the taking away of
the property of another by means of violence
against or intimidation of persons or force
upon things or other unlawful means
committed by any person on any Philippine
highway.
2.
3.
4.
Elements
1.
2.
3.
4.
5.
2.
3.
4.
5.
6.
Article 311.
Theft of the Property of the
National Library or National Museum
Acts punished:
1.
2.
Elements
1.
any real
rights in
2.
3.
4.
On squatting
According to the Urban Development and Housing
Act, the following are squatters:
1.
2.
3.
2.
2.
3.
4.
Elements
1.
is,
2.
3.
he
has
of
With unfaithfulness
confidence;
or
abuse
of
b.
By means of false
fraudulents acts; or
pretenses
or
c.
2.
3.
4.
1.
2.
3.
1.
2.
Falsely
pretending
to
possess
power,
influence, qualifications, property, credit,
agency, business or imaginary transactions;
or
3.
2.
A.
(2)
The check
obligation;
is
drawn
to
enter
into
3.
3.
The
check
is
subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
same reason had not the drawer,
without any valid reason, ordered the
bank
to
stop
payment.
an
B.
1.
1.
2.
3.
The check is
drawee bank.
dishonored
by
the
(1)
a.
b.
c.
a.
Obtaining credit
at
any of the establishments;
b.
a.
Abandoning or
surreptitiously removing any part of
his baggage in the establishment;
b.
After
obtaining
credit,
refreshment, accommodation;
c.
Without paying.
Exceptions
1.
1.
2.
2.
3.
Offended
party
document;
4.
(3)
(4)
a.
b.
2.
3.
personally
signed
food,
the
2.
3.
2.
is
in
the
lawful
3.
4.
Elements
1.
2.
3.
4.
2.
3.
4.
2.
He guaranteed
obligation
with
properties;
3.
He sells, mortgages, or in
encumbers said real property;
any manner
4.
2.
3.
4.
5.
Elements
1.
2.
3.
4.
2.
2.
3.
2.
Article 319.
Removal,
Mortgaged Property
Sale
or
Pledge
of
1.
2.
3.
Elements:
Article 327.
Mischief
Acts punished
1.
Kinds of arson
1.
Elements
of
Presidential
1.
2.
3.
2.
3.
4.
Theft;
2.
Estafa; and
3.
Malicious mischief.
or
2.
3.
2.
3.
4.
5.
6.
7.
8.
9.
10.
2.
3.
Illustration:
Elements
1.
2.
3.
2.
It is done under
circumstances:
Elements
1.
2.
He is either
a.
b.
c.
3.
of
the
following
a.
b.
c.
any
2.
(1)
(2)
2.
2.
Guardian;
c.
Teacher;
d.
Priest;
b.
House servant;
c.
Domestic;
b.
Ascendant
descendant.
who
seduced
his
1.
2.
3.
4.
There
is
abuse
of
authority,
confidence or relationship on the part
of the offender.
Person liable
1.
3.
b.
Article 338.
Simple Seduction
Elements
1.
2.
3.
4.
2.
Profiting by prostitution;
3.
1.
2.
3.
2.
3.
Elements
2.
3.
4.
2.
Suppose that the purpose of the
woman is abandoning the child is to preserve the
inheritance of her child by a former marriage, what
then is the crime committed?
1.
2.
3.
4.
5.
6.
Simulation of births;
2.
3.
Illustration:
People who have no child and who buy and adopt the
child without going through legal adoption.
Elements
1.
2.
3.
He contracts
marriage;
second
or
subsequent
4.
2.
a.
b.
1.
2.
3.
4.
5.
2.
2.
3.
4.
5.
6.
7.
Illustration:
Elements:
1.
2.
3.
It must be malicious;
4.
5.
2.
3.
Writing;
2.
Printing;
3.
Lithography;
4.
Engraving;
5.
Radio;
6.
Photograph;
7.
Painting;
8.
Theatrical exhibition;
9.
Cinematographic exhibition; or
10.
2.
2.
Article 357.
Prohibited Publication of Acts
Referred to in the Course of Official Proceedings
Elements
Elements
1.
2.
3.
1.
2.
3.
(1)
(2)
Elements
1.
2.
3.
or
1.
2.
Quasi-offenses punished
1.
2.
3.
4.
Distinction
negligence:
between
reckless
imprudence
and