SYLLABUS FOR THE 2022 BAR EXAMINATIONS

CRIMINAL LAW (and Practical Exercises)

I. PRINCIPLES OF CRIMINAL LAW (Revised Penal Code – Book 1)

A. General principles
 Ex post facto law – law which makes an act criminal though not a crime at the
time of commission
 Bill of attainer – law which punishes an offender without due process
 Cruel and Unusual Punishment, excessive fine, and
 General in application

1. Mala in se and mala prohibita

 Good faith in mala in se is a defense, provided no negligence.
 Since participation in RA 9165 (drugs) is not considered, all who perpetrated
the prohibited act are penalized to the same extent.
Mala In Se Mala Prohibita/tum
The act is inherently wrong Act is merely prohibited
The intent governs Only the injury is whether the law has
been violated
Degree of participation under title II of Not
RPC is considered
Modifying circumstances are considered Not
in determining imposable penalty
Defined and punished in RPC Generally defined and punished under
special laws

2. Applicability and effectivity of the RPC

a. Generality
 GR: Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn un the PH, subject to
the principles of public international law and to treaty
stipulations.
 XPN: 1) generally accepted principles of intl law, 2) treaty
stipulations, 3) laws of preferential application

b. Territoriality
 GR: Penal laws shall have force and effect within the PH
archipelago including its atmosphere, interior waters, and
maritime zones.
 XPN: Extra-Territoriality Principle: a) offense committed in
PH ship or airship, b) forge or counterfeit coins or currency
notes of PH, c) liable for acts connected with introduction of
these obligations and securities mentioned, d) while being
public officers or employees, should commit an offense in the
exercise of their functions, e) crimes against natl security
 Note: PH has jurisdiction over psychological violence
 Acts of violence may manifest continuously

c. Prospectivity
 GR: Laws shall have no retroactive effect, unless contrary is
provided
 XPN: retroactive application will be favorable to the accuses
unless he is a habitual delinquent
 3. Interpretation of penal laws
 Pro Reo Doctrine – Penal laws and law penal in nature are to
be construed and applied in a way lenient or liberal to the
offender. This is constant to and consistent with the
constitutional guarantee that an accused shall be presumed
innocent until his guilt is established beyond reasonable
doubt.
 Application: Under Art 48, crimes are complexed and
punished with a single penalty. The rationale being, that the
accused who commits two crimes with single criminal
impulse demonstrates lesser perversity that when the crimes
are committed by different acts and several criminal
resolutions.
 Presumption of the regularity of police officers Vs
presumption of innocence of the accused: latter prevails. It is a
constitutionally-enshrined presumption.

4. Retroactive effect of penal laws

B. Felonies – acts or omissions punishable under the RPC

 Elements:
o Freedom in Action
o Intelligence constitutes Voluntariness and
o Criminal Intent or Criminal Negligence

1. Criminal liabilities and felonies

a. Classification of felonies
 Grave – are those to which the law attaches the capital
punishment or penalties which in any of their periods
are afflictive, in accordance with Art 25 of RPC
 Reclusion Perpetua
 Reclusion Temporal
 Perpetual or Temporary Absolute
Disqualification
 P or T Special Disqualification
 Prision Mayor
 Fines of more than Ph 1,200,000

 Less grave – are those which the law punishes with

penalties which in their maximum period are correctional.
 Prision correctional
 Arresto mayor
 Suspension
 Destierro
 Fines equal to to more than 1.2 M but not less
than 40k

 Light felonies – are those infractions of law for the

commission of which a penalty of arresto menor or a
fine not exceeding 40k or both, is prescribed.
 Slight physical injuries
 Theft
 Alteration of boundary marks
  Malicious mischief
 Intriguing against honor

 GR: light felonies are punishable only when

they have been consummated
 XPN: if committed against persons or property,
punishable even if attempted or frustrated
 Significance:
o Whether these felonies can be
complexed or not
o Prescription of the crime and the
prescription of penalty
o Whether the accessory is liable
o Duration of the subsidiary penalty
o Duration of the detention in case of
failure to post the bond to keep the
peace.
o Proper penalty for quasi-offense

b. Aberratio ictus – mistake in the blow where the offender intends

the injury on one person but the harm fell on another. (Penalty:
graver offense in its max period)

Case: The fact that the accused killed a person other than their intended
victim is of no moment. Accused is responsible for the consequences of
his act of shooting his intended victim, even if during the commission of
the crime of murder, a stray bullet hit and killed another person. (po2 vs
pp)

error in personae – mistake in the identity of the victim. There is

only one offended party committed a mistake in ascertaining the
identity of the victim. (P: lesser crime in its maximum period)

praeter intentionem – occurs when the injury is on the intended

victim but the resulting consequence is so grave a wrong that
what is intended. (Mitigating circumstance under art 113, RPC
unless the act performed by the accused are sufficient to bring
out the graver offense.)

Case: In order that a person may be criminally liable for a felony

different from that which he intended to commit, it is indispensable (a)
that a felony was committed, and (b) that the wrong done to the
aggrieved person be the direct consequence of the crime committed by
the perpetrator.

The SC has held that the father was liable for parricide no matter how
much he said that he has no intention to kill his son. The fact that the
child died, intent to kill becomes a general criminal intent which
requires no proof. (pp vs sales)

Proximate Cause – makes one liable for all the natural and
continuous result of his act if the same produces a sequence that
is unbroken by any efficient intervening cause.
 c. Impossible crime – act which would be an offense against persons
or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of in adequate
or ineffectual means.

 Requisites:
 Act performed would be an offense against persons or
property
 Act was done with evil intent
 Accomplishment is inherently impossible or means employed
is either inadequate or ineffectual
 Legal impossibility – intended acts, even if completed,
do not amount to a crime
 Physical impossibility – extraneous circumstances
unknown to the actor or beyond his control prevent
the consummation of the intended crime
 Act performed should not constitute a violation of another
provision of RPC

 Can there be a frustrated impossible crime?

No. there can be no frustrated impossible crime bcoz the offender has already
performed the acts for the execution of the crime.

Case: Pp vs Callao: Third element of legal impossibility occurs where the intended
acts, even if completed, would not amount to a crime. The impossibility of killing a
person already dead falls in this category.

Case: Jacinto vs PP: The SC said that the crime committed is an impossible crime and
not qualified theft. The act done would’ve amount to theft, a crime against property. It
was done with evil intent and the act was not accomplished because unknown to them,
the check was worthless, it has no fund.

d. Stages of execution
 Attempted – when the offender commences the commission of a felony by
overt acts but does not produce the felony by reason of some cause or accident
other than his spontaneous desistance. (Subjective Phase)
Case: The attempt to commit an offense which the penal code punishes is that which has a
logical relation to a particular, concrete offense, that, which is the beginning of the
execution of the offense by overt acts of the perpetrator, leading directly to its realization
and consummation.

The SC ruled that we actually have is an indeterminate offense. However, indeterminate

offense has no juridical standpoint in criminal law. Hence, the attempted felony that he is
to be punished must be that connected with his overt act. An indeterminate offense is one
wherein the intent of the offender in relation to act that he performed is ambiguous. (pp vs
lamahang)

 Frustrated – when the offender performs all the acts of execution which would
produce the felony but does not produce it by reason of causes independent of
the will of the perpetrator. (Objective Phase)
o Crimes that do not admit of a frustrated stage:
 Rape – A and C only. Even slight penetration, it is
consummated.
 Arson –
  Bribery and Corruption of Public Officer – the manner of
committing the crime requires the meeting of the minds
between the giver and the receiver. If there is a meeting of the
minds, there is consummated corruption.
 Adultery – requires sexual contact, once exist, deemed
consummated
 Physical Injuries – not A or F, consummated only
 Theft – no F, only taken or not

 Consummated – when all the elements necessary for its execution and
accomplishment are present, the felony is produced.

e. Continuing crimes – a crime where any one of the elements of the

offense was committed in different localities, such that the
accused may be indicted in any of those localities. Also called
Transitory Crime
 Requisites:
 Plurality of Acts
 Unity of Penal Provision Infringed upon
 Unity of Criminal Intent and Purpose
 Cannot be a complex crime

f. Complex crimes and composite crimes

 Composite Crime – the composition and penalty of the
offense is fixed by law.
 Complex Crime – combination of the offenses is not specified
but generalized, that is, grave and/or less grave, or one
offense being the necessary means to commit the other.
Penalty is that corresponding to the most serious offense, to
be imposed in the maximum period.
 Requisites
 Compound Crimes
o That only a Single act is performed by the
offender
o That the single act produces: (1) two or more
grave felonies, or (2) one or more grave and
one or more less grave felonies, or 2 or more
less grave felonies
 Complex Crimes
o That at least 2 offenses are committed
o That one or some of the offenses must be
necessary to commit the other (Does not need
to be indispensable means)
o That both or all the offenses must be
punished under the Same Statute
 Special Complex Crime
o Two or more crimes are committed
o But the law treats them as a Single,
Indivisible, and unique offense
o Product of single criminal impulse
 A light felony that accompanies a composite crime is
absorbed; a light felony that accompanies the commission of a
complex or compound crime may be the subject of a separate
information.
  Common Special Complex Crime: Robbery with Homicide,
Robbery with rape, Robbery with arson, kidnapping with
serious physical injuries, Kidnapping with rape, rape with
homicide, arson with homicide.
 One Larceny Doctrine – For prosecution of theft cases, the one
larceny doctrine provides that the taking of several things,
whether belonging to the same or different owners, at the
same time and place, constitutes one larceny only so long as
there is a single criminal impulse.
 Case: Every conviction for any crime must be accompanied by
the required moral certainty that the accused has been
committed the offense charged beyond reasonable doubt. The
prosecution must prove the offender’s intent to take personal
property before the killing, regardless of the time when the
homicide was actually carried out in order to convict for the
crime of robbery with homicide. The accused may
nevertheless be convicted of the separate crime of homicide
once the prosecution establishes beyond reasonable doubt the
accused’s culpability for the victim’s death.

2. Circumstances affecting criminal liability

a. Justifying circumstances
 Self-Defense
o Unlawful aggression
 Physical, actual, material, imminent
 The moment the aggression ceases, self-
defense can no longer be used as a defense
o Reasonable necessity
 Rational Equivalence Doctrine
o Lack of sufficient provocation

o Burden of proving self-defense rests on the accused.

He must establish a credible, clear, and convincing
evidence. SD cannot be justifiably appreciated when it
is uncorroborated by independent and competent
evidence or when it is extremely doubtful by itself.
 Defense of Relatives
o UA
o RN
o Provocation was given by the person attacked
 Defense of Stranger
o UA
o RN
o Not induced by evil motive or revenge or resentment
 Avoidance of Greater Evil (State of Necessity)
o Evil sought to be avoided exist
o Injury feared be greater than that to avoid it
o No other practical and less harmful means of
preventing it
o No contribution on the part of the accused what
caused the evil to arise
 Fulfilment of Duty
o Performance of duty
o Offense committed be necessary consequence
  Obedience to an order of a superior
o Ordered by superior
o Fir lawful purpose
o Mean used is lawful
Case: Mariano vs PP: the state of mind of the accused during the alleged act of defense must be considered in
determining whether his or her means of repelling an aggressor were reasonable. The rule of Reasonable Necessity is
not ironclad, it depends on circumstances of the case. In emergencies of this kind, human nature does not act upon
processes of formal reason but in obedience to the instinct of self-preservation.

Case: pp vs Raytos: A plea of self-defense admits the commission of the act charged as a crime. Accordingly, the onus
probandi falls on the accused to prove that such killing was justified – failure to discharge which renders the act
punishable.

Case: PP vs Siega: UA is the most important and indispensable. It refers to an actual physical assault, or at least a
threat to inflict real imminent injury, upon a person.

Case: PP vs Olabre: In self-defense and defense of stranger, the circumstances as the accused perceived them at the time
of the incident not as others perceived them, should be the bases for determined the merits of the plea.

b. Exempting circumstances
 Imbecile or insane person
Caguioa Case: PP vs Bacolot: For the defense of insanity to be successfully invoked as a circumstance to evade criminal
liability, it is necessary that insanity must relate eto the time immediately preceding or simultaneous with the
commission of the offense with which the accused is charged. In short, in order for the accused to be exempted from
criminal liability under a plea of insanity, he must successfully show that:
(1) He was completely deprived if intelligence; and
(2) Such complete deprivation of intelligence must be manifest at the time or immediately before the commission
of the offense. Having invoked the defense of insanity, accused-appellant is deemed to have admitted the
commission of the crime. Accordingly, he has the onus probandi to establish with certainty that he was
completely deprived of intelligence because of his mental condition or illness.

Case: It is settled that the moral and legal presumption is always in favor of soundness of mind. The law presumes that
all acts are voluntary, whoever invokes insanity has the burden of proving its existence. He must be deprived of
intelligence immediately prior to or at the time of the commission of the crime.

 Child 15 and below

 Over 15 and below 18, unless acted with discernment
 While performing lawful act with due care causes injury by
mere accident, without fault or intent
 Act under compulsion of an Irresistible force
o Compulsion by physical force
o PF must be irresistible
o PF must come from third person
 Acts under impulse of an uncontrollable fear of an equal or
greater injury
o Existence of UF
 It must appear that the threat that caused the
UF is of such gravity and imminence that the
ordinary man would have succumbed to it. It
should be based on a real, imminent, or
reasonable fear.
o Fear must be real and imminent
o Fear of injury is great or equal to the that committed
  Fails to perform an act required by law, when PREVENTED
by some lawful or insuperable cause
o Required by law to be done
o Fails to perform
o Due to some lawful or insuperable cause

c. Mitigating circumstances
 Incomplete justifying or exempting circumstances
 Offender is under 18 or over 70
 No intention to commit so grave a wrong (praeter
intentionem)
 Sufficient threat or provocation
o Prov must be sufficient
o Originated from offended party
o Immediate to the act
 Vindication of a grave offense
o GO done to the one committing the felony, sps, asc
des, b or s, relative by affinity within the same degree
o Felony committed in vindication of such GO
 Passion or Obfuscation
o Accused acted upon an impulse
o Impulse must be so powerful that it naturally
produced passion


There is an act both unlawful and sufficient to
produce such condition of …
 The act was bot far removed from the commission of
the crime by a considerate length of time
 Voluntary surrender and confession of guilt
o Ofer has not been actually arrested
o Surrendered to the person in authority ot its agents
o Voluntary

 Voluntary confessed guilt

 Open court
 Made prior to the presentation of evidence for
prosecution
 Physical defect
o Deaf & dumb /blind
o Restricts his means of action, defense, or
communication with his fellow beings
 Illness of offender
o Illness diminishes the exercise of will pwer
o It should not deprive the offender the consciousness
of his acts
 Similar and analogous circum
 Humanitarian reasons (jarillo vs pp)

Case: For intoxication to be appreciated, intoxication of the accused must neither be habitual nor subsequent
to the plan to commit a felony. It must be shown that the mental caulties and willpower of the accused’s
capacity to understand the wrongful nature of the acts.

Voluntary surrender requires an element of spontaneity. Surrender must be impelled by the

acknowledgemnt of guilt or a desire to save the authorities the trouble and expense that may be incurred for
his search and capture.

Case: it is not enough that the provocative act be unreasonable or annoying.

Case: For Vindication of a grave offense to apply, it must be immediate/proximate cause not far removed.
The established rule is that there can be no immediate vindication of a grave offense when the accused had
sufficient time to recover his serenity.

Case: Passion and obfuscation as a mitigating circumstance need not be felt only in the seconds before the
commission of the crime. It may build up and strengthen over time until it can no longer be repressed and
will ultimately motivate the commission of the crime.

d. Aggravating circumstances – INTENTIONALLY pursued

 Advantage taken of public position (G)
 Contempt or insult to public authorities (G)
 Disregard of age, sex, or dwelling of the offended party (G)
 Abuse of confidence and obvious ungratefulness (G)
 Palace and places of commission of offense (G)
 Nighttime, uninhabited place or band (g)
 On occasion of calamity or misfortune
 Aid of armed men, or persons who insure or afford impunity
 Recidivist (g)
 Reiteracion (g)
 Price, reward, or promise (Q)
 By means of inundation, fire, poison, explosion, stranding of a
vessel or intl damage thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste or ruin
 Evident premediation
 Craft, fraud or disguise (g)
 Superior strength or means to weaken the defense (s)
 Treachery (s) – must be established clear and convincing
evidence on how the aggression was made, how it began, and
how it is developed. Means to ensure execution without the
victim having to repel it.
 Ignominy – shame or disgrace (s)
 Unlawful entry – G
 Breaking wall (g)
 Aid of minor or by means of motor vehicle or other similar
means (g)
 Cruelty (s)
 Generic – increases the penalty which should be imposed upon the accused to the maximum period
but without exceeding the limit prescribed.
 Qualifying – gives the crime its proper and exclusive name and places the author thereof in such a
situation as to deserve no other penalty that that specially prescribed by law for said crime.
Case: PP vs Sibbu: Dwelling: it is not necessary that the accused entered to commit the offense, it is enough that the
victim was attacked inside his own house. Also, the use of disguise was likewise correctly appreciated as an
aggravating circum.

Case: Treachery: It does not always follow that if the attack was sudden and unexpected, it is deemed treachery. Even if
frontal attack.

e. Alternative circumstances
 Relationship – sps, asc, des, legit, natural or adopted brother
or sister, relative by affinity in the same degree; Special
Aggravating Circumstance of relationship
 Intoxication – habitual, preceded the commission of the crime
  Degree of instruction – Lower degree (Mitigating); Higher
(Aggravating); degree of understanding in the general
principles of life; mere literacy does not mean that the accused
is entitled to a mitigating circumstance.

f. Absolutory causes – those where the act committed is a crime but

for reasons of public policy and sentiment, there is no penalty
imposed.
 Example: Instigation be reason of public policy.
Case: Instigation is the means by which the accused is lured into the commission of the offense charged in order to
prosecute him. On the other, entrapment is the employment of such ways and means for the purpose of trapping or
capturing a lawbreaker.

3. Persons liable and degree of participation

a. Principals, accomplices, and accessories
 Principal by direct participation
o He must necessarily be present in the scene of the
crime because he is the one who actually executed the
crime. Without him, the crime will not be committed.
 Principal by Inducement
o Although he does not directly perform the acts of
execution, his words of advice or the influence have
actually moved the hands of the principal/s by direct
participation. Inducement may be by acts of
command, advice, influence, or agreement for
consideration.
o Elements: (1) Inducement must be made with the
intention of procuring the commission of the crime;
(2) that such inducement be the determining cause of
the commission of the crime by the material executor
o Forms: giving of price, reward, or promise; by
employing force, command, or ascendancy which is
being followed by the principal by direct participation
 Principal by Indispensable Cooperation
o Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished.
o Elements: accused participated in the criminal
resolution; performance by him of another act is
indispensable to the accomplishment of the crime
 Accomplice – who are not principals but cooperate in the
execution of the offense by previous and simultaneous acts.
o Req: (1) There must be community of design, (2)that
he performs the acts previous or simultaneous to the
commission of the crime, (3) that the acts performed
by the principal is related to the acts performed by the
accomplice
 Accessories – does not know the criminal design; those who,
having knowledge of the commission of the crime, and
without having participated therein, either as principals or
accomplices, take part subsequent to its commission in any of
the following manners:
o By profiting themselves or assisting the offender to
profit by the effects of the crime
 o By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent
its discovery
o By harboring, concealing, or assisting in the escape of
the principal of the crime, provided the accessory acts
with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the chief
executive, or is known to be habitually guilty of some
other crime.

b. Conspiracy and proposal

 GR: Mere conspiracy or proposal to commit a felony is not
punishable since they are only preparatory acts. They are not
the overt acts that amount to the commencement of a felony.
 XPN: Conspiracy and proposal to commit felony are
punishable only in cases in which the law specially provides a
penalty
 Requisites:
o Two or more persons came to an agreement
 o The agreement concerned the commission of a felony
o The execution of the felony be decided upon

Case: A conspiracy exist when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it. To determine conspiracy, there must be a common design to commit a felony. It need not eb shown
that the parties actually came together and agreed in express terms to enter into and pursue a common design. The
assent of the minds may be and from the secrecy of the crime, usually inferred from proof of facts and circumstances
which, taken together, indicate that they are parts of some complete whole.

 Doctrine of Implied Conspiracy – Unity of design and

common purpose

Case: Unlike evident premeditation, there is no requirement for conspiracy to exist that there be a sufficient period of
time to elapse to afford full opportunity for mediation and reflection. Instead, conspiracy arises on the very moment the
plotters agree, expressly or impliedly, to commit the subject felony.

4. Penalties
a. Imposable penalties
b. Classification
 c. Duration and effects

d. Application and graduation of penalties

i. Indeterminate Sentence Law (Act No. 4103)
 The law applies when the maximum imprisonment imposable
exceeds one year. It is applied only if it is favorable to the
accused.
 One degree lower; however, if there is privileged mitigating
circumstance where the penalty has to be lowered by one
degree, the starting point to determine the min term is the
penalty next lower than that prescribed for the offense.
 Does not apply: max term does not exceed one year; destierro
or suspe; capital pun; convicted of piracy; conditional
pardonee that violated; convi of treason, conspiracy or
proposal to commit treason; habitual delinquent; escaped
from confinement; crimes against national security

e. Accessory penalties

f. Subsidiary Imprisonment
 It is a personal liability to be suffered by the convict who has
no property with which to meet the fine imposed upon him. Y
final judgement of conviction.
 Computation: rate of one day for each amount equivalent to
the highest minimum wage rate prevailing in the PH at the
time of the rendition of judgement of conviction by the trail
court, subject to the rules provided for in Art 39.
 Subsidiary penalty is not an alternative to the payment of fine.
 If one subject to subsidiary penalty’s financial condition later
improves, can he still be made to pay the fine despite already serving
the subsidiary penalty? Yes. Under Art 39 of the RPC,
subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from
the fine in case his financial circumstances should improve.

5. Execution and service of sentence

a. Three-fold rule (3:4:40)
 When a convict is to serve more than one sentence, the rule is
that he must serve them simultaneously if possible but
successively if not possible.
 In the latter situation, the order of severity of penalties in Art
70 would determine the order of service.
 The 3-fold rule qualifies the actual length of service of
successive sentences to three times the length of the time
corresponding the most sever of the penalties under Art 70
but in no case to exceed 40 years.
 Good Conduct Time Allowance (GCTA) is a sentence
reduction provision afforded prisoners who show good
 behavior. It has been in existence since 1906. Act 1533
provided for the “diminution of sentences imposed upon
prisoners” in consideration of good conduct and diligence.

b. Probation Law (P.D. No. 968, as amended)

 Filing of an application for probation “shall be deemed a
waiver of the right to appeal.”
 Is the waiver mandatory or irrevocable?
o Not irrevocable. Hence, an accused may withdraw his
application for probation and instead opt to pursue
conviction. He may still withdraw and file appeal if
the period to do has not yet prescribed. Appeal and
probation spring from the same policy considerations
of justice, humanity, and compassion.

 The Sc held that in case, one decision imposing multiple

prison terms, the totality of the prison terms should not be
taken into account for the purposes of determining the
eligibility of the accused for the probation.

c. Juvenile Justice and Welfare Act (R.A. No. 9344, as amended)

 15 year or under at the time of the commission of the
offense shall be exempt from criminal liability. However,
the child shall be subjected to an intervention program.
 Above 15 but below 18 shall likewise be exempt from
criminal liability and be subjected to an intervention
program, unless he has acted with discernment, in which
case, such child shall be subjected to the appropriate
proceedings in accordance with this act.
Caguioa Case: CICL XXX vs PP:
When a minor above 15 but below 18 years old is charged with a crime, it cannot be presumed that he acted with
discernment. The prosecution must specifically prove as a separate circumstance that minor committed the alleged
crime with discernment by evidence of physical appearance, attitude or deportment not only before and during the
commission of the act, but also after and during the trial.

Intent and discernment are two different concepts. Intent is a determination to do a certain thing which comprises
the third element of dolo as a means of committing a felony, freedom and intelligence being the other two. On the
other hand, the discernment that constitutes an exception to the exemption form criminal liability of a minor
under 15 years of age but over 9, who commits an act prohibited by law, is his mental capacity to understand the
difference between right and wrong.

Intervention: JJWA mandates that comprehensive juvenile intervention program covering at least 3-
year period shall be instituted in LGUs form brgy to provincial level.

Diversion: refers to an alternative, child-appropriate process of determining the responsibility and

treatment of a cicl on the basis of his social, cultural, economic, psychological or educational
background without resorting to formal court proceedings.

d. Republic Act No. 10592 (Amendments to Articles 29, 94, 97, 98

and 99 of the RPC)
e. Community Service Act (R.A. No. 11362; A.M. No. 20-06-14-
SC)

6. Extinction of criminal liability (as amended by R.A. No. 10592)

 Total Extinction
o By the DEATH of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the
offender occurs before final judgment
o By SERVICE of sentence
o By AMNESTY, which completely extinguishes the
penalty and all its effects
o By ABSOLUTE PARDON
o By PRESCRIPTION of the crime
 o By PRESCRIPTION of the penalty
o By the MARRIAGE OF THE OFFENDED
WOMAN
 Partial
o Under Art 94 as amended by RA 10592
 By conditional pardon
 By commutation of sentence
 For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving his
sentence
o Parole granted to a convict by the Board of
Pardons and Parole under ISL
o Probation under PD 968
o Partial Repeal of Penal Law

7. Civil liability in criminal cases

 GR: Every person criminally liable for a felony is also civilly
liable
 XPN: When no damages can ordinarily be sustained by a
private party.
o Ex: victimless crimes (espionage, vio of neutrality,
flight to an enemy country, and crimes against
popular representation.)

II. CRIMES UNDER THE REVISED PENAL CODE (Revised Penal Code – Book 2)

A. Crimes against national security and laws of nations

1. Treason
 Elements:
o Offender is Fil or resident alien
o There is war where Ph is involved
o Offender levies war against the gvt OR adheres to the enemies
(1 wit), giving them aid or comfort (2 wits)
 No formal declaration of war is needed before treason could be
committed
 Mere adherence to the enemies without giving aid or comfort does not
amount to treason. Must always be together.
 The law provides that if the acts of Treason are separable, two
witnesses must testify to prove each separate act. It is a continuing
crime.
 Treason cannot be complexed with common crimes. Umbrella or
component crime.

2. Conspiracy and Proposal to Commit Treason

 No crime as conspiracy to commit a felony when there is no law
punishing it.
 What are the punishable conspiracies:
o Conspiracy to Commit: Treason, Coup d’etat, Rebellion,
Insurrection, Sedition, Arson, terrorism, RA 9165
 Elements of Proposal to Commit Treason:
o There is war, ph involved
o Accuses had decided to levy war against the govt or adhere to
the enemies giving aid or comfort
o He proposes its execution to some other person/s
 Even is rejected, person proposing may be held liable for proposal to
commit treason. The acceptance of the proposal is not necessary.
 What are the punishable proposals
o Proposal to Commit: Treason, Coup d’etat, Rebellion,
Insurrection, terrorism,

3. Misprision of Treason
 Elements:
 o Offender owes allegiance to the PH
o Not a foreigner
o Has knowledge of a conspiracy to commit treason against the
said government
o He conceals or fails to disclose the same to the proper
authorities
 It is a failure to do an act required by law. Committed by means of dolo
or intent.
 Failure to report knowledge of Treason already committed is not a
crime.
 Relationship is nor exempting

4. Espionage
 First Mode:
o Offender, without authority, enters a warship, naval or
military establishment or reservation
o Purpose is to obtain information, plans, photographs or other
data of confidential nature relative to the defense of the PH
 Second mode:
o Offender is a public officer
o He has in his possession articles, data, or information referrers
to in the first paragraph
o He discloses their contents to a representative of a foreign
nation.

5. Terrorism and Conspiracy to Commit Treason

 Elements of Proposal to Commit Treason:
o There is war, ph involved
o Accuses had decided to levy war against the govt or adhere to
the enemies giving aid or comfort
o They decided to commit it.
 Only the conspiratorial stage is punishable as conspiracy to commit
treason.
 First mode is consummated by entering any of the enumerated
establishment as long as the purpose of the offender is to obtain any of
these materials which are vital to the defense of the PH.
 Second mode: if not custodian, what is violated is a commonwealth act,
if not about defense of ph, Infidelity ib the Custody of Public Records
 Terrorism must create widespread and extraordinary fear and panic
among the populace; and in order to coerce the givenrment to give in to
unlawful demand

6. Inciting to war or giving motives for reprisals

 Elements:
o Offender is a public officer or employee
o Performs acts which provokes or give occasion for:
 A war involving or liable to involve the PH
 Exposure of Fil cit to reprisals on their persons or
property

7. Violation of Neutrality
 Elements:
o There is war where PH is not involved
o Competent authorities have issued regulations enforcing
neutrality
o Offender violates any of said regulation

8. Correspondence with Hostile Country

 Elements:
o There is war, Ph involved
o Offender makes correspondence with an enemy country or
territory occupied by enemy troops
 o The correspondence is either:
 Prohibited by the govt
 Carried on in ciphers or conventional signs, or
 Containing notice or information which might be
useful to the enemy.

9. Flight to enemy’s country

 Elements:
o There is war, PH is involved
o Offender owes allegiance to the PH
o He ATTEMPTS to flee or go to an enemy country
o Flight is prohibited by a competent authority.

 PH cit or one who owes allegiance to PH. Not tourist.

 There is not attempted flight to enemy’s country or frustrated flight to
enemy’s country. The crime is consummated by mere attempt.

10. Piracy in General and Mutiny on the High Seas

 Piracy is robberly or forcible depredation on the high seas without
lawful authority and done with animo furandi and in the spirit and
intention of universal hostility. It is a crime against the whole world.
 Three kinds of piracy: High or Open Seas; Philippine Waters; Air
Piracy
 High Seas: Cannot be committed by passengers. If he is a passenger of
the vessel and takes property of another, there is no piracy but robbery.
 Piracy can now be committed on the high or open seas or in the Ph
waters. And Mutiny can now be committed on the high or open seas
and also in PH waters.
 Piracy in Ph waters (Internal waters): outsiders or insiders
 Robbery=Piracy: must be with violence or intimidation or force upon
things.
 ABETTING PIRACY is committed by a person who:
o Gives pirates information about the movement of peace officers
of the govt
o Acquires or receives property taken by the pirates or devices
ant benefit from it
o Directly or indirectly abets the commission thereof.
 Lack of knowledge that the item came from piracy is a defense.
 Elements of MUTINY:
o Vessel is on the high seas or PH waters
o Offenders are members of the complement of the vessel or
passengers of the vessels
o The offenders: Attack or seize the vessel; Seize the whole or
part of the cargo, its equipment or personal belongings of the
crew or passengers
 Qualified Piracy:
o When the pirates seize a vessel by boarding or firing upon the
same
o When the pirates abandon their victims without means of
saving themselves
o When the crime is accompanied by murder, homicide, Phy Inj
or rape.
 Cannot be complex crimes (Piracy with Murder etc.) or
punished as separate crimes.
 Qualified Mutiny
o When the pirates abandon their victims without means of
saving themselves
o When the crime is accompanied by murder, homicide, Phy Inj
or rape.
 Cannot be complex crimes (Piracy with Murder etc.) or
punished as separate crimes.
 Hijacking: Piracy in Aircraft
o No need that aircraft is on flight when aircraft of foreign
 registry. Under the law, mere usurping or seizing control of an
aircraft of foreign registry is enough as long as the said aircraft
of foreign registry is enough as long as the said aircraft is
within Philippine territory.
o Must be a passenger plane. Cargo plane is not covered by
AHL.
o The law punishes carrying or loading on board a public utility
passenger aircraft operating in the PH

B. Crimes against the fundamental law of the State

1. Arbitrary Detention
 Elements:
o Committed by a public officer or employee
o He detained a person
o Detention is without legal grounds
 Arrested without warrant of arrest
 124: detaining without legal grounds
 125: failure to deliver the arrested person for legal grounds to the
proper judicial authority within 12, 18, or 36 hours, as the case may be
 126: delaying release
 AD: offender is public officer; ID: offender is private person or pub
officer whose function does not include the power to arrest and detain
a person
 AD: Pub off has the duty to arrest and detain a person; ID prv person
or even pub off does not have power to arrest
 In flagrante delicto: when a person is attempting to commit, is
committing, or has committed a crime in the presence of the arresting
officer
 Hot Pursuit: When a crime has in fact just been committed and the
arresting officer has personal knowledge based on probable cause that
the person to be arrested has committed it
 Escapee: escaped detention or confinement

2. Delay in the delivery of detained persons to the proper judicial

authorities (125)
 Elements:
o Offender is public officer or employee
o Detained a person for some legal grounds
o Fails to deliver such person to the proper judicial authority
(also means filing the case before the court) within ---
 12 hrs for crimes punishable by light penalties (Arresto
menor, public censure, fine bond to keep the peace)
 18 hrs for correctional felonies (prision correctional,
arrestor mayor, suspension, destierro)
 36 hrs capital punishment or afflictive penalties
(reclusion perpetua, reclusion temporal, perpetual or
temporary absolute disqualification, special, prision
mayor)
 There is no period for the arresting officer to deliver a person in court
arrested by virtue of a valid warrant of arrest. Art 125 is not applicable.
AO just need to accomplish a return of the warrant of arrest found at
the back thereof and indicated that he had arrested ther person named
therein and state where the person is being detained.
3. Delaying release
4. Expulsion
 Case of Villavicencio vs Lukban, City mayor is found guilty for
deporting prostitutes.
 Expulsion can be done only thru deportation proceedings.
 If done by public officer, Expulsion. If by private person by threats or
intimidation, grave coercion.

5. Violation of domicile
 Three acts of committing 128: Entering a dwelling against the will of
 the owner; Searching papers and other effects without previous
consent of owner; Refusing to leave the premises after having
surreptitiously entered said dwelling and after having been required to
leave.
 Offender is a public off/ee, not authorize by judicial order(search
warrant)
6. Search Warrants maliciously obtained and abuse in the service of those
legally obtained
 Public officer or ee procures search warrant with just cause.
7. Searching domicile without witnesses
 Violation or lack of require 2 witnesses or member of family
8. Prohibition, interruption, and dissolution of peaceful meetings
 Elements:
o Public officer or ee
o Performs the ff acts:
 Prohibiting, interrupting, or dissolving any peaceful
meeting without legal ground;
 Hindering any person from joining any unlawful
organization or from attending any of its meetings; or
 Prohibiting or hindering any person from addressing
any petition to the authorities for correction of abuses
or redress of grievances.
 Two Criteria used by peace officers in lawful prohibition: Dangerous
Tendency Rule; Clear and Present Danger Rule
9. Interruption of religious worship
 Only public officer or ee can commit this crime.
 Qualified if committed by threats or violence.

10. Offending religious feelings

 Elements:
o Public offcer or a private person
o Committed acts notoriously offensive to the feelings of the
faithful
o These acts are committed in a place dedicated to religious
worship or during the celebration of a religious ceremony. (Act
must be offensive, like mockery and ridicule)

C. Crimes against public order

1. Rebellion or insurrection
 Rebellion is a mass movement and committed by a multitude, unlike
insurrection which is limited in scope.
 Rebellion’s object is to overthrow the existing government, while
Insurrection seeks to effect some political and social changes.
 In rebellion no need for armed confrontations or clashes. Mere public
uprising is enough.
 Key words: rose publicly and took arms against govt
 “In one case decided by the SC, Rebellion can now be complexed with common
crimes because there is yet no case decided that prohibits complexing the crime
of Rebellion with common crimes.” Enrile vs Salazar
 Coup d’etat - manner of commission: Violence, intimidation, threat,
strategy, stealth (VITSS)
2. Inciting to rebellion
 Manner of commission: speeches, proclamations, writings, emblems,
banners, or other representations tending to the same end.

3. Sedition
 Rising publicly and tumultuously, and they employ force, intimidation,
or by other means outside of legal methods; to effect some social or
political changes, or prevent the exercise of govt authority

4. Inciting to sedition
 Ways of committing..: Speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
 5. Illegal assemblies
 Any meeting attended by armed persons for the purpose of committing
any of the crimes punishable by RPC.
 Any meeting in which the audience, whether armed or not, is incited to
the commission of the crime of treason, rebellion, or insurrection,
sedition, or assault upon person in authority or his agents.
6. Illegal associations
Illegal assemblies Illegal associations
There should be a meeting or Not necessary that there be an
assembly or armed persons or actual meeting
those not armed but are incited
The meeting and attendance at There is act of forming or
such meeting that are punished organizing and membership on
the assoc that are punished
Organizers or leaders of the Liable: founders, directors and
meeting, persons present at the president, members
meeting

7. Direct assault
 First Form:
o Offender employs force or intimidation
o The aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition
o No public uprising

 Second Form:
o Offender attacks, employs force, or makes a serios intimidation
or makes serious resistance
o Person assaulted is a person in authority or his agent
o At the time of the assault, the person in authority or his agent
in engaged in the actual performance of official duties, or that
he is assaulted by reason of past performance of official duties
o Offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties
o No public uprising
 Qualified Direct Assault: offender - use of weapon, public officer or ee,
lays hands upon a person in authority

8. Indirect assault – person uses force or intimidation upon such person

who comes to aid a person in authority or the latter’s agent.
 Offended party is a private person
9. Tumults and other disturbances of public order
 Committed by at least 4 armed men, or means of violence
10. Alarms and scandals
11. Violation of conditional pardon
12. Commission of another crime during service of penalty imposed for
another previous offense

D. Crimes against public interest

 Falsification*

E. Crimes against public morals

1. Grave scandal (200)
 Elements:
o Offender performs an act that is highly scandalous
o Offend against decency or good custom
o Highly scandalous does not fall within RPC
o Acts complained of be committed in PUBLIC place or withing
 public knowledge or view. Even if hidden in public view but at
least the place is a public place

F. Crimes committed by public officers

 Malfeasance – performance of an act which ought NOT to be done
o Bribery, Malversation, Corruption of public officials, Abandonment of
office
 Misfeasance – improper performance of an act which might be lawfully done
o Illegal use of public funds
o Unjust interlocutory order
 Nonfeasance – omission to do an act which ought to be performed
o Refusal of assistance, Failure of an accountable officer to render
accounts, Refusal to discharge elective office
 Dereliction of Duty
o Knowingly rendering unjust judgement; judgment rendered through
negligence; unjust interlocutory order; malicious delay in the
administration of justice; maliciously refraining from institution or
prosecution of offenses and toleration of commission of offenses;
betrayal of trust by an attorney
 Prevaricacion – applies to public officers who violate their oaths of office by not
carrying out the duties of their office

1. Direct Bribery
a. Agreeing to perform an act constituting a crime in connection
with the performance of his official duties in consideration of any
offer, promise, gift, or present;
b. Accepting a gift in consideration of the execution of an act which
does not constitute a crime, in connection with the performance of
his official duties
c. Refraining from doing something which is his official duty to do,
in consideration of a gift received or promise.
 Mere agreeing to perform an act amounting to or constituting a crime,
consummates the crime of Direct Bribery.
 Crime of giver is Corruption of Public Officials.

2. Indirect Bribery
 Elements:
o Offender is a public officer
o He accepts gifts
o The gifts are offered to him by reason of his office

3. Qualified Bribery
 Offender refrains from arresting or prosecuting an offender who has
committed a crime in consideration of offer, promise, gift, or present.
The crime committed is punishable by reclusion perpetua or death
4. Malversation of Public Funds or Property*
 Can only be committed by a public officer or employee directly
accountable for the public funds or property that is misappropriated.
 Ways of committing Malversation:
o Appropriating public funds or prop
o Taking or misappropriating the same
o Consenting, or through abandonment or negligence, permit
any other person to take such public funds or property; and
o Being otherwise guilty of misappropriation or malversation of
such funds or property.
 Can be done intentionally or by negligence
 Elements:
o Offender is a public officer
o Had custody or control of funds or property by reason of the
duties of his office
o Those funds or property were public funds or property for
which he was accountable
o He appropriated, took, misappropriated, or consented or
 through abandonment or negligence, permitted another person
to take them.
5. Technical Malversation – public officer applies the said public fund or
property to some other public purpose or public use other than that for
which it has been appropriated.

 Two-tiered Penalty – occurs when the law provides that a penalty to a

particular crime is in addition to the penalty imposable for another crime
committed which results from the commission of such particular crime.
(Maltreatment of Prisoners, Direct Bribery, Occupation of RP or usurpation of
real rights in prop)

G. Crimes against persons

1. Parricide
 Killing of brother or sister is not parricide.
 Non-relatives or strangers who participate in the killing will be liable
for homicide or murder as the case may be
 If the accused is not aware that the victim is his relative, he will be
charged for the actual crime committed but Article 49 will be applied to
determine his penalty
 JEMAA:

2. Death or Physical Injuries under Exceptional Circumstances

 Req: legally married person or parent surprises his spouses or
daughter, under 18 living with him, in the act of committing Si; kills or
inflicts PI to any to both immediately thereafter; has not promoted
them to prostitution

3. Murder*
 Elements: person was killed; accused killed him; attended by any of the
qualifying circumstances mentioned in Art 248; Killing is not parricide
or infanticide
 The SC ruled that treachery may still be appreciated even though the victim
was forewarned of the danger to his person. What is decisive is that the attack
was executed in a manner that the victim was rendered defenseless and unable
to retaliate.
 Treachery exist when the malefactor employed consciously and
deliberately such means, methods or manner of execution to ensure his
or her safety from the defensive or retaliatory acts of the victim; victim,
at the time of the attack, was not in a position to defend himself.
 Requisites of Evident Premeditation:
o Time when the accused decided to commit the crime;
o Overt act manifestly indication that he clung to the
determination; and
o A sufficient lapse of time between the decision and execution,
allowing the accused to reflect upon the consequences of his
act.

4. Homicide
 Without justifying circumstance and not attended by any of the
qualifying circumstances of murder, or by that of parricide or
infanticide.

5. Death caused in a tumultuous affray – impossible to identify the killer

 At least 4 persons; did not compose of groups for common purpose
6. Physical Injuries

7. Giving assistance to suicide

8. Discharge of Firearms
 Firearm is used; pointed to anyone, without intent to kill
9. Infanticide
  Killing of child less than 3 days old or 72 hours
 Accused is parent or grandparent, any relative of the child or a stranger

10. Abortion

 Intentional abortion: use of violence; administering drugs or beverage

w or wo consent.
 IA: offender knows that woman is pregnant
 Unintentional Abortion: Violence is intentionally exerted without
intending abortion
 Negligence can be committed resulting to UA. Reckless Imprudence
resulting in UA
 Mitigation of liability when purpose of abortion is to conceal dishonor
 Even if expelled to the womb prematurely, it is still abortion.
 Woman who tried to commit suicide incurs no criminal liability when
the fetus she carries dies. Committing suicide is not a felony. The
intention is to kill herself not to abort the fetus.
 Live in partners killed their newly born child to conceal dishonor:
o If victim is viable – abortion
o If viable but less that 3 days old – infanticide
o 3 days or more - parricide

11. Duel
12. Mutilation
13. Rape*
 Rape is committed by:
o Carnal Knowledge:
 Offender is a man
 Offended is a woman
 Committed via penile penetration of the vagina
 Penalty is higher than in sexual assault
o Sexual Assault
 Offender may be man or a woman
 Offended may be man or a woman
 Committed by inserting the penis into another’s mouth
or anal orifice, OR any instrument or object into
genitalia or anal orifice of another. (Instruments
 includes fingers)
 New Law Statutory Rape (2022?)
o GR: Rape is committed by a person who has carnal knowledge
of another person, when the offended party is under 16 years
old or demented.
o XPN: No criminal liability when the age difference is not more
than 3 years and the sexual act in question is proven to be
CONSENSUAL, NON-ABUSIVE, and NON-EXPLOITATIVE.
o XPN TO XPN: If the victim is under 13 years old, exception
shall not apply.
 Sexual Intercourse is accomplished through: (Circumstances)
o Force, threat or intimidation
o Deprived of reason or otherwise unconscious
o Fraudulent machination or grave abuse of authority
o Under 12 (16) years of age or demented, even though none of
the above circumstances are present

 Force need not be overpowering or irresistible.

Latest Jurisprudence: (PP vs xxxx)
Rape of a person suffering from mental retardation falls under Art 266(A)1(b) when the offended party is deprived of
reason. It does not fall under 1 (d) which is statutory rape of a person below 12 years old or demented.

 Touching: in rape cases, it does not simply mean mere epidermal

contact, stroking or grazing of organs, slight brush or scrape of the
penis. There must be convincing proof that the penis indeed touched
the labia or slid into the female organ. Absent any showing of the
slightest penetration of the female organ (touching of either labium of
the pudendum by the penis) there is no consummated rape; at most it
could only be attempted rape, if not acts of lasciviousness.
 Qualified Rape – Step-b/s relationship can be used to qualify rape bcoz
they are not related wither by blood or affinity.

Case: RPC punishes rape of mentally disabled person regardless of the perpetrator’s awareness of his victim’s mental
condition. Proof of accused’s knowledge of victim’s mental disability is only important for qualifying the charge of
rape.
Rape is qualified when the offender knew of the mental disability, emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime. This shall be alleged in the information; mere assertion is not
enough.

Case: In statutory rape, force, intimidation and physical evidence of injury are not relevant considerations; the only
subject of inquiry is the age of the woman and whether carnal knowledge took place. The child’s consent is immaterial
because of her presumed incapacity to discern good from evil.

 Sweetheart theory applies in acts of lasciviousness and rape. For

purposes of sexual intercourse and lascivious conduct in child abuse
cases, under RA 7610, the defense is unacceptable.
 Pardon Principle is not applicable to accomplices, accessories and
multiple rape.
 Marriage should be valid, legal, and contracted in good faith.
 Special Complex Crime – it is immaterial that the person killed is
someone other than the woman victim of rape. It is immaterial that
death would supervene by mere accident, that 2 or more persons are
killed.
o Attempted Rape with Homicide
o Rape with Homicide

H. Crimes against personal liberty and security

Liberty
1. Kidnapping and Serious Illegal Detention
 Taking is always without consent of the victim. Kidnapping need not
be followed by detention as where the talking was only to briefly
restrain the victim.
 Detain – deprive of liberty or restrain freedom of locomotion, and may
not involve a kidnapping.
 Even if fear in the mind of the victim is compelled to limit his actions
and movements, victim is detained against his will.
 Regardless of whether the killing was purposely sought or merely an
afterthought, the kidnapping and murder or homicide can no longer be
complexed under Art 48 nor be treated as separate crimes, but shall be
punished as special complex crime. If killing is the ultimate purpose,
deprivation is incidental.
 Kidnapping with rape – taking was without lewd designs
 Forcible Abduction with rape – outset, there is lewd design
 Kidnap/Serious Illegal Detention with Homicide – killed and victim of
kid.id. If the person killed is a 3 rd person, art 48 applies, crime is
ordinary complex crime
 KASID with Rape – same victim; one count even if may times rape is
committed.
 If initially consented to go on a place, but thereafter prevented through
force from leaving the place, KASID.
 Voluntary release is only mitigation in Slight Illegal Detention.
 Kidnap-ransom-killed = kidnapping for ransom with murder
 Kidnap-ransom-rape-killed = kidnapping for ransom with murder
aggravated by rape
 Rule now is where the person kidnapped is killed in the course of
detention, regardless of whether the killing was purposely sought or
was merely an afterthought, kidnapping and murder or homicide can
no longer be complexed under Art 48, nor be treated as separate
crimes, but shall be punished as a special complex crime under the last
par of Art 267, as amended by RA 7650.
 Parent can be guilty of kidnapping – 270 and 271

2. Slight Illegal Detention

3. Unlawful arrest

4. Kidnapping and failure to return a minor

 5. Inducing a minor to abandon his home

6. Slavery

7. Exploitation of child labor

8. Services rendered under compulsion in payment of debt

Security
1. Abandonment of persons in danger and abandonment of one’s own
victim
2. Abandoning a minor
3. Exploitation of minors
4. Qualified trespass to dwelling
 Elements:
o Offender is a private person
o Enters the dwelling of another
o Against the latter’s will
 If offender is public officer or ee, violation of domicile
 If committed by means of violence or intimidation, there is no need for
prohibition.
5. Other forms of trespass – uninhabited, entering premises or fenced estate
wo permission; prohibition to enter must be manifest; offender is any
person

6. Grave/light threats/other light threats

 Qualifying circumstance: made in writing or thru middleman
 Codal
 In other light threats, there is no demand for money nor any condition
imposed when the offender threatens the offended party. His acts are
limited to verbal threat during the incident involving him and the
offended party.
 GT – threat amounts to crime, and demand for money is not essential
element; LT – opposite

7. Grave/light coercion/other similar coercion

 Coercion is consummated even if the offended party did not accede to
the purpose of the coercion. The essence of coercion is an attack on
individual liberty

I. Crimes against property

1. Robbery*
  Elements:
o Personal property belonging to another
o Unlawful taking of the property
o There must be intent to gain
o There is (1) violence against or intimidation of any person or
(2) force upon things

 There is no crime of robbery with multiple homicide under the RPC.

No rb with attempted rape.
 There is no crime of robbery with murder. Treachery cannot be
considered, bcoz the crime charged is the special crime of robbery with
homicide.
 Once conspiracy is established between several accused in the
commission of the crime of robbery, they would be all equally culpable
for rape committed by anyone of them. Unless, he proved that he tried
to prevent others from committing the crime. OR he is in another room,
without knowledge(?)
 Case: Even if the rape was not the primary objective, robbery with rape
is committed.
 Robbery with PI: PI must be serious.
 If no violence is exerted to accomplish the snatching, crime is simple
theft.
 Robbery with Arson: it is essential that robbery precedes the arson.
 Arson has been made a component only of robbery with violence
against or intimidation of persons but not robbery by use of force upon
things. Hence, if the robbery was by the use of force upon things and
therewith arson was committed, two distinct crimes are committed.
 Robbed, raped, killed – Robbery with Homicide aggravated by rape
 Raped, robbed, killed – Rape with Homicide; and Robbery
 Raped, personal property is taken – Rape and Theft (No force since
dead)
 Robbery by a Band – at least 4 Armed malefactors

2. Brigandage
 4 armed malefactors; formed a band of robbers; purpose: hiway
robbery, kidnap for extortion or ransom; attained by mean of F, V
 Against any or all prospective victims

3. Theft, Qualified Theft*

 Case: personal property subject of the theft must have some value, as
the intention of the accused is to gain from the thing stolen. Postdated
check wo value – Impossible Crime of Theft
 PP, belong to another, intent to gain, wo owner’s consent,
accomplished without use of violence against or intimidation of
persons of force upon things.
 Ownership is immaterial in theft.
 Actual gain immaterial, what is material is the intent to gain (animus
lucrandi)
 Qualified Theft:
o Domestic servant
o Grave abuse of confidence
o Stolen motor vehicle, mail matter, or large cattle
o Coconuts from premise of plantation
o Fish from fishpond or fishery
o Property taken on occasion of Fire, Earthquake, typhoon,
volcanic eruption, or any other calamity, vehicular accident or
civil disturbance
4. Estafa*
 Elements:
o Accused defrauded another by abuse of confidence or by
means of deceit. This covers the three different ways of
committing estafa, thus:
 With unfaithfulness or abuse of confidence;
  By means of false pretenses or fraudulent acts;
 Through fraudulent means
o Damage or prejudice capable of pecuniary estimation is caused
to the offended party or third person
 Failure of the entrustee to turn over the proceeds of the
sale of the goods, documents, or instruments covered
by a trust receipt, to the extent of the amount owing to
the entruster, or as appearing in the trust receipt; or
 The failure to return said goods, documents, or
instruments if they were not sold or disposed of in
accordance with the terms of the trust receipt.
 Reimbursement, payment, or restitution to the offended party of
money or property swindled does not extinguish criminal liability,
only civil liability.
 Proof of Misappropriation is not an element of estafa under 2(a)
Case: Tan Vs PP:
By applying the variance doctrine and by analogy with the case, it may well be possible to convict an offender with the
crime of Estafa even if he is charges in the information for crime of Qualified theft.

PP vs Chua:
Notification was given before deposit, NO estafa 2(d). If deposited, 3 day period runs, only after deciot already
attached.

5. Other forms of swindling

6. Other deceits
7. Arson
 Simple Arson (PD 1613) – malicious burning of public and private
structures, regardless of size, not included in 320. These includes
houses, dwellings, government buildings, farms, mills, plantations,
railways, bus stations, airports, wharves and other industrial
establishments.

 Destructive Arson (320RPC) – malicious burning of structures, both

public and private, hotels, buildings, edifices, trains, vessels, aircrafts,
factories, and other military government or commercial establishments
by any person or group of persons.

 Main-kill, fire is used to accomplish – Murder (qualified; absorbs arson)

 Main – burn, results to death or on occasion – Arson (qualifying circ res
death
 Main – kill, arson – to cover up - Homi/Murder and Arson (separate)

8. Malicious mischief
 Use of poison or corrosive substance, spreading infections, causing
damage to properties used in common by the public.
 Elements:
o Offender deliberately caused damage to the property of
another
o Such act does not constitute arson or other crimes involving
destruction; and
o Act of damaging another’s property be committed merely for
the sake of damaging it.

Note: Persons exempt from criminal liablity in crimes against property

Crimes: Theft, Swindling (estafa), Malicious mischief
Exempted: Spouses, Asc, Des, or relatives by affinity in the same line;
Widowed Spouse with respect to the property wc belonged to the
deceased spouse; brother and sisters and BIL and SIL, if living together.

J. Crimes against chastity

1. Adultery
 Each occasion of SI constitutes a crime of adultery.
 The crime of adultery is an instantaneous crime which is consummated
 and completed at the moment of the carnal union.
 Act of intercourse with offending spouse subsequent to adulterous act
is an implied pardon. Express pardon, no need si.
 Agreement to separate, though void, is considered consent to the
infidelity.
 Mitigating: abandonment of husband.
 No frustrated adultery.
 No automatic acquittal of one to the other:
 Pardon: before institution of criminal prosec; Both must be pardoned.

2. Concubinage
 Commission by:
o Keeping a mistress in the conjugal dwelling
o Having SI under scandalous circumstances with a woman who
is not his wife
o Cohabiting with her in any other place

3. Acts of Lasciviousness ( in re 5b of RA 7610 -12yrs)

 Elements:
o Offender commits any acts of lasciviousness or lewdness
o Committed against a person of either sex
o Done under the following circum:
 By using force or intimidation
 When the offended party is deprived of reason or
otherwise unconscious
 By mean of fraudulent machination or grave abuse of
authority; or
 When the offended party is under 12 years of age or is
demented
Lascivious conduct – intentional touching of “body parts”, whether
same or opposite sex, with intent to abuse, humiliate, harass, degrade,
or arouse or gratify sexual desire (above 12, under 5b RA 7610)
 No attempted or frustrated acts of lasciviousness. Consummated rape
absorbs acts of lasciviousness.
4. Qualified Seduction

 16 and over but under 18

 Virginity is presumed – 12 to 18, unmarried and good rep
 If no SI, acts of lasc only
 Virginity of sis or des is not required and may be over 18 –
rel:consanguinity
 Consent not defense

5. Acts of Lasciviousness with the consent of the offended party

 6. Simple Seduction

 16-18, good rep, single or widow, SI by means of deceit

 Deceit generally takes form of unfulfilled promise of marriage. If victim
is below 12 = rape, unconsented acts of lasciviousness or forcible
abduction
7. Corruption of minors

 18 years below; good rep, not prosti, not necessary that the unchaste
acts shall have been done since what is being punished is mere act of
promotion or facilitation
 Profiting by prosti

8. White slave trade

9. Forcible abduction
 Abduction of woman, regardless of her age, civil status, or reputation,
against her will, with lewd designs
 Conviction of acts of lasciviousness is not a bar to conviction of forcible
abduction.
 No need for SI, seducing is sufficient
 Has carnal knowledge, used force or intimidation, deprived of reason/
unconscious, or when under 12 or demented
 Only one complex crime of forcible adduction with rape.

10. Consented abduction

 Elements:
o Virgin
o Over 12 and under 18
o Taking away is with consent after solicitation or cajolery from
offender
o Taking is with lewd designs

Note:
 Age and Rep is immaterial: acts of lasc against the will; qualified seduction of sis or des; forcible abd
 Prosec: parents, GP, judicial guardians, State
 Condonation includes future acts, even if offender showed no repentance after
 Pardon of minor but have concurrence of BOTH parents, expt no parent, offerndr is father, mother
is dead.

K. Crimes against the civil status of persons

1. Simulation of Birth
2. Substitution of one child of another
3. Concealing or abandoning any legitimate child with intent to cause
such child to lose its civil status
Bigamy
Elements:
 Legally married
 Married has not been dissolved, or not presumed dead under the law
 Contracts second marriage
 Second marriage has all the essential requisites for validity

Pet for Dec of nullity is not a prejudicial civil question that will operate to suspend the criminal action for
bigamy.

Case: 2021 (Pulido vs people)

In criminal prosecution for bigamy, the accused can now validly interpose the defense of a void ab initio marriage even
without obtaining a judicial decree of absolute nullity; a judicial decree of absolute nullity of a first marriage in a
separate proceeding, irrespective of when
it was secured, is a valid defense in a
criminal prosecution for bigamy.

L. Crimes against honor

1. Libel
 Elements:
o There must be an imputation of a crime, or a vice or defect, real
or imaginary, or any act, omission, condition, status, or
circumstance
o That the imputation must be made publicly
o That it must be malicious
o That the imputation must be directed at a natural person or a
juridical person, or one who is dead; and
o That the imputation must tend to cause the dishonor, discredit,
or contempt of the person defamed.
 When words imputed are not defamatory in character, a libel charge
will not prosper regardless if there is malice or not.
 Two Types of Malice:
o Malice in Fact – is a positive desire and in intention to annoy
and injure
o Malice in Law – presumption of law. It dispenses with the
proof of malice when words that raise the presumption are
shown to have been uttered. (Constructive malice, legal malice,
or implied malice)
 When communication is privileged, malice is not presumed from the
defamatory words. Malice in fact must be proved.
 Presumption of malice is rebutted if shown by the accused that:
o The defamatory imputation is true, in case the law allows proof
of the truth of the imputation
 o It is published with good intention
o There is justifiable motive for making it

 Two kinds of Privileged communication

o Absolute Privileged Statements (APS) – totally not actionable,
regardless of the existence of malice in fact
o Qualified or Conditionally Privileged Statements (QPS) –
actionable, provided the presence of malice in fact or actual
malice is established
 Doctrine of Fair Comment
o Case: while in general, every discreditable imputation publicly
made is deemed false, because every man is presumed
innocent until his guild is judicially probed, and every false
imputation is directed against a public person in his public
capacity, it is not necessarily actionable.

 Relation or vindictiveness cannot be a basis of self-defense in

defamation
 Defamation thru an amplifier system is slander and not libel
 Ways of committing libel by means of writings or similar means:
printing, phonograph, painting, writing, engraving, theatrical
exhibition, lithography, any similar means, cinematography radio, or
exhibition.
 Gag Law – Art 357 – while a report of an official proceeding is allowed,
it gags those who would publish therein facts which this article
prohibits, and punished any violation thereof. It prohibits publication
of cases relating to adultery, divorce, legitimacy of children, etc.
 2. Slander / oral defamation
 Simple Slander
 Grave slander – when it is of a serious and insulting nature
 Factors that determine the gravity of oral defamation:
o Expression used
o Personal relations of the accused and the offended party
o Circumstances surrounding the case
o Social standing and position of the offended

 Slander need not be heard by the offended party. Gossiping is

considered oral def is defamatory fact is imputed or intriguing against
honor if there is no imputation.
 Defense in defamation:
o Matters charges as libelous is true
o Published with good motives
o Made for justifiable ends

a. Slander by Deed – crime committed by performing any act which

casts dishonor, discredit or contempt upon another person
 Elements:
o Offender performs any act not included in any other crimes
against honor
o Such act is performed in the presence of other persons; and
such act casts dishonor, discredit, or contempt upon the
offended party
 Simple slander by deed; (pointing dirty finger)
 Grave Slander by deed (which is of a serious nature) – slapping the face
if intent is to cause shame or humiliation
 Intriguing against honor – committed by making any intrigue which
has for its principal purpose blemishing the honor or reputation of
another.

M. Quasi-offenses

1. Reckless Imprudence
 Elements:
o Does or fails to do act
o Voluntary
o Without malice
o Material damage results
o There is inexcusable lack of precaution on the part of the
person performing or failing to perform such act taking into
consideration:
 Employment or occupation
 Degree of intelligence, physical condition; and
 Other circumstances regarding persons, time, and
place
 Test of Negligence
o Material damage suffered by the victim, failure in precaution
on the part of the accused; and direct link between, material
damage, and failure in precaution must be established beyond
reasonable doubt
 Simple Imprudence
o Elements: lack of precaution on the part of the offender;
damage impending to be caused is not immediate nor the
danger clearly manifest
o Defense of contributory negligence does not apply in criminal
cases through reckless imprudence since one cannot allege
negligence of another to evade the effects of one’s own
negligence. It only mitigates criminal liability
 Doctrine of Last Clear Chance – person who has the last clear chance or
opportunity of avoiding an accident, notwithstanding the negligent
acts of his opponent, is considered in law solely responsible for the
consequences of the accident.
 Emergency Rule must be:
o Sudden and unexpected
o Deprives the actor of all opportunity for deliberation; and
o Must be such that the actor must have no knowledge that
unusual consequences may result from his act
 Prior conviction or acquittal of reckless imprudence bars subsequent
prosecution for the same quasi-offense:
o Ivler Case: Sc held that reckless imprudence or negligence is a
crime itself. Hence, once convicted or acquitted of a specific act
of reckless imprudence, the accused may not be prosecuted
again for the same act.

There shall be no splitting of charges under Art 356, and only

one information shall be filed in the same first level court.

 Violation of Art 356 cannot absorb violation of special law

 Medical Malpractice / medical Negligence

III. SPECIAL PENAL LAWS
 It is the filing of the complaint or information in the office of the public
prosecutor for purposes of preliminary investigation that interrupts the
period of prescription. For ordinances, Act 3326 applies – (judicial)
proceedings are instituted against guilty persons, and shall begin to
run again if the proceedings are dismissed for reasons not constituting
jeopardy.
A. Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4 and 5, R.A. No. 9775)


B. Anti-Fencing Law of 1979 (Secs. 2 to 6, P.D. No. 1612)

C. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended by R.A. No.
3047, P.D. No. 677, P.D. No. 1288, B.P. Blg. 195 and R.A. No. 10910)
 Sec 4(b) is malum in se, the rest is malum prohibitum
 Jurisprudence provides that relationship alone should not be
determinative of liability under RA 3019, absent any kind of
showing that it was used improperly or with corrupt motives to the
disadvantage of the govt
 3e: Not liable if violation of procurement laws, if absence of report of
different prices of suppliers from same product,
 If it’s a simple mistake or inadvertence of party of givt official, not
violation; what is required is EVIDENT PARTIALITY, MANIFEST
BAD FAITH OR GROSS INEXUCSABLE NEGLIGENCE
D. Anti-Hazing Act of 2018 (R.A. No. 8049, as amended by R.A. No. 11053)

E. Anti-Money Laundering Act of 2001 (R.A. No. 9160)

F. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 and 4,

R.A. No. 9995)

G. Anti-Plunder Act (Secs. 1, 2 and 6, R.A. No. 7080, as amended by R.A. No.
7659)
 Plunder is Malum in Se

H. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4 and 5, R.A. No. 9745)

I. Anti-Trafficking in Persons Act of 2003 (Secs. 3 to 12, R.A. No. 9208)

 Elements:
o Act of recruitment, transportation, or transfer of person,
with or without the victim’s consent, within or across
national borders
o Means used which include threat or use of power or of
position, taking advantage of the vulnerability of the
person or the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another
o The purpose of trafficking is exploitation which includes
the prostitution of others or another forms of sexual
exploitation

J. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5 and
26, R.A. No. 9262)
 It is constitutional: Garcia vs Drilon
 Relationship is controlling; also, the term used is person, so same
sex is possible.
 5 (e), 5(1) – deliberately providing
 What can be suffered: Physical Abuse; Coercive or Restrictive Acts;
Sexual abuse; Psychological Abuse
 Melgar vs PP: 5e vs 5i: Not necessarily deprivation of support
automatic conviction; the purpose of deprivation is to control or
restrict the woman’s or her child’s movement or conduct – 5(e); 5(i)
to cause emotional anguish, public ridicule, or humiliation
 Recent caguioa case: Variance doctrine cannot be applied, cannot be
convicted of 5e and 5i at the same time.

 K. Anti-Wire Tapping Act (Secs. 1 to 4, R.A. No. 4200)

L. Bouncing Checks Law (B.P. Blg. 22)

M. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165 as amended by

R.A. No. 10640)
 The Court stressed that the admissibility of the seized dangerous
drugs in evidence should not be equated with its probative value in
proving the corpus delicti.
 The admissibility of evidence depends on its relevance and
competence while the weight of evidence pertains to evidence
already admitted and its tendency to convince and persuade.
 Non-compliance with Sec 21 (Chain of custody) does not render an
accused’s arrest illegal or the items seized/confiscated from him
inadmissible.
 What is essential “the preservation of the integrity and the
evidentiary value of the seized items, as the same would be
utilized in the determination of the guilt or innocence of the
accused.”
 It is well-settled that criminal intent need not be proved in the
prosecution of acts mala prohibita. Intent is material in possessions
of dd. Must be consciously and freely committed.
N. Cybercrime Prevention Act of 2012 (R.A. No. 10175)

O. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, R.A. No. 10883)

P. Special Protection of Children Against Abuse, Exploitation, and

Discrimination Act (Secs. 3(a), 5 and 10, R.A. No. 7610)
 Sec 10 (a) – Spur of the moment, not child abuse; there must be
deliberate intent to hurt the child
 Need not be consummated
 Means, acts, purpose: - identify these three
 SC has held that in order for a criminal complaint for child abuse to
prosper, there must be a specific criminal intent to degrade, debase,
and demean the intrinsic worth of the child as a human being.
 Spur of the moment in the heat of anger

Q. Swindling by Syndicate (P.D. No. 1689)

IV. PRACTICAL EXERCISES

A. Drafting of Complaint, Information, Affidavits of Desistance, etc.