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Elements and Notes in Criminal Law Book II by RENE CALLANTA

TITLE ONE
CRIMES AGAINST NATIONAL SECURITY

Crimes against national security

1. Treason (Art. 114);

2. Conspiracy and proposal to commit treason (Art. 115);

3. Misprision of treason (Art. 116); an d

4. Espionage (Art. 117).

Crimes against the law of nations

1. Inciting to war or giving motives for reprisals (Art. 118);

2. Violation of neutrality (Art. 119);

3. Corresponding with hostile country (Art. 120); 

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4. Flight to enemy's coun try (Art . 121); and

5. Piracy in general and mutiny on the high seas (Art. 122).

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The crimesjurisdiction
territorial under this title can be
However prosecutedcan
prosecution even if the only
proceed criminal
if theact or actsiswere
offender committed
within Philippineoutside theorPhilippine
territory brought
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1/21/2021 Criminal Law Book 2 Titles REVIEWER | Arrest | Treason
The crimesjurisdiction.
territorial under this title can be
However, prosecutedcan
prosecution even if the only
proceed criminal
if theact or actsiswere
offender committed
within Philippineoutside theorPhilippine
territory brought
to the Philippines pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be
 Search
given extra-territorial application under Article 2 (5) thereof. In the case of Read
 crimes against the law of nations , the
free for 30 days
offender can be prosecuted whenever he may be found because the crimes are regarded as committed against
humanity in general.

Article 114
TREASON

ELEMENTS:
a. That the offender owes allegiance to the Government of the Philippines

b. That there is a war in which the Philippines is involved 

c. That the offender either –

1) Levies war against the government, 

1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a treasonable design

2) Adheres to the enemies, giving them aid and comfort

1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy

Requirements of levying war

1) Actual assembling of men;
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
2) To execute a treasonable design by force;

3) Intent is to deliver the country in whole or in part to the

enemy; and
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Success is not important. What matters is the actual assembly of men and the execution of treasonable design by
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a.
• Ways of proving treason: 2

Twittertestifying to same overt

2 witnesses
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The testimonies must refer to the same act, place and moment of time. Treason cannot be proved by circumstantial
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evidence
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or by extrajudicial confession.
Penal…
convictEmail
Procedure… Reviewer (Art. 1… Book
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not 2(1).pdf
sufficient to
yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict?
Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.

 b. Confession of the accused in open court.

  Arraignment, pre-trial, trial – OK.

1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by
stating the particular acts constituting treason.

2. During trial, simply saying “I’m guilty” is not enough.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

3. Withdrawing plea of “not guilty” during arraignment not necessary

4. If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission
of affidavit during trial, even if assisted by counsel is not enough.

• Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Allegiance:
obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or
an alien.
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
• Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore,
not aggravating.

Rate
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declaration of war

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Not Treasonous:

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the enemy does not constitute per
the felony of treason (exception: when it is policy determining)
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 b. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if : a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
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c. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not
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treason

On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in
the Philippines.

b. Only Filipino citizens or permanent resident aliens can be held liable

c.  Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines
nor the marriage with a Filipino that matters.

• Actual hostilities may determine the date of the commencement of war

• No such thing as attempted treason; mere attempt consummates the crime

• Giving aid or comfort – material element, enhances forces of the enemy country.

Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that

which weaken and tend to weaken the power of the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving aid and
comfort.”

•  Adherence and giving aid or comfort must concur together . This document is...

•
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  Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his
country’s policy. But membership in the police force during the occupation is NOT treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.

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•   Adherence may be proved by : (1) one witness; (2) from the nature of the act itself; (3) from the
 Search the act.
circumstances surrounding  Read free for 30 days
When this adherence or sympathies are converted into aid and comfort, only then they take material forM. This
material form is now what is made punishable. It is usually manifested by the offender in giving information,
commandeering foodstuffs, serving as spy and supplying the enemy with war materials.

• Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.

Treason is a continuing offense. It can be committed by a single act or by a series of acts. It can be committed in one
single time or at different times and only one criminal intent. In construing the provisions relating to the commission of
several acts, the same must be done in pursuance or furtherance of the act of treason.

No matter how many acts of treason are committed by the offender, he will be liable for only one crime of treason.

•
If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12. No
treason through negligence

In the imposition of the penalty for the crime of treason, the court may disregard the presence of mitigating and
aggravating circumstances. It may consider only the number, nature and gravity of the acts established during the trial.
The imposition of the penalty rests largely on the exercise of judicial discretion.

Defenses that may be availed of by the accused.

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Criminal Law Philippine and Notes
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1. Duress or uncontrollable fear of immediate death; and

2. Lawful obedience to a de facto government.

• When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1)
separate crimes or (2) as complex with treason.

In the act of levying war or giving aid or comfort to the enemy, murder, robbery, arson or falsification may be
committed by the offender. BUT the offender does not commit the crime of treason complexed with common crimes
because such crimes are inherent to treason, being an indispensable element of the same.

Treason distinguished from Rebellion.

The manner in which both crimes are committed in the same . In treason however, the purpose of the offender is to
deliver the government to the enemy country or to a foreign power. In rebellion, the purpose of the rebels is to
substitute the government with their own form of government. No foreign power is involved.

Treason distinguished from Sedition.

In treason, the offender repudiates his allegiance to the government by means of force or intimidation. He does not
recognize the supreme authority of the State. He violates his allegiance by fighting the forces of the duly constituted
authorities.

 a
In sedition, the offender disagrees with certain policies of the State and seeks to disturb public peace by raising
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Article 115
CONSPIRACY TO COMMIT TREASON

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• ELEMENTS:
a. In time of war  
 b.
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2 or more persons come to an agreement to
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1. levy war against the government, or 

2. adhere to the enemies and to give them aid or comfort,

c. They decide to commit it

• ELEMENTS OF PROPOSAL TO COMMIT TREASON 

a. In time of war  

b. A person who has decided to levy war against the government, or to adhere to the enemies
and to give them aid or comfort, proposes its execution to some other person/s.

• Mere agreement and decisions to commit treason is punishable

• Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

While Treason as a crime should be established by the two-witness rule, the same is not observed when the crime
committed conspiracy to commit treason or when it is only a proposal to commit treason.

Article 116
Related titles MISPRISION OF TREASON


• ELEMENTS:
a.  to the government, and not a foreigner 
That the offender must be owing allegiance

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c. That he conceals or does not disclose and make known the same as soon as possible to the
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While in treason, even aliens can commit said crime because of the amendment document
to the article, no such amendment
was made in misprision of treason. Misprision of treason is a crime that may be committed only by citizens of the
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• Offender is punished as an accessory to the crime of treason
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indivisible penalties.

Take note that the offender is a principal to the crime of misprision of treason, yet he is penalized only as an
accessory. In the imposition of the penalty, the court is not bound by the provisions of Article 63 andBook
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punished two
degrees lower than the penalty for the crime of treason.

The criminal liability arises if the treasonous activity was still at the c onspiratorial stage

• This crime does not apply if the crime of treason is already committed

• Crime of omission

4
Elements and Notes in Criminal Law Book II by RENE CALLAN
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RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Dire

•

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Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, the
required to report the same. The reason is that although blood is thicker than water so to speak, when it com
security of the state, blood relationship is always subservient to national security. Article 20 does not apply
because the persons found liable for this c rime are not considered accessories; they are treated as principals.

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or military establishmen
reservation to obtain any information, plans, photographs or other data of a confidential nature relative t
defense of the Philippines.

• ELEMENTS:
a. 1. That the offender enters any of the places mentioned therein
2
3 2. That he has no authority therefore;

b. That his purpose is to obtain information, plans, photographs or other data of a confidential n
relative to the defense of the Philippines

Under the first mode of committing espionage, the offender must have the intention to obtain information relati
Related titles the defense of the PHIL. It is sufficient that he entered the prohibited premises. Here, the offender is any p


individual, whether an alien or a citizen of the Philippines, or a public officer.


Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or inform
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reason of the public office he holds

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c. That he discloses representative of a foreign nation
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Under the second mode, the offender must be a public officer who has in possession the articles, data or inform
by reason of the office he holds. Taking advantage of his official position, he reveals or discloses the information
are confidential and are relevant to the defense of the Philippines.

• Espionage: the offense of gathering, transmitting, or losing information respecting the national defense wit
intent or reason to believe that the information is to be used to the injury of the Philippines or the advanta
any foreign nation. It is not conditioned on citizenship.

• Not necessary that Philippines is at war with the country to which the information was revealed. Wh
important is that the information related is connected with the defense system of the Philippines.

• Wiretapping is NOT espionage if the purpose is not something connected with the defense

Commonwealth Act No. 616 – An Act to Punish Espionage and Other Offenses against National Security

 Acts punished 

1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

2. Unlawful disclosing of information affecting national defense;


3. Disl oyal act s or words in t imes of peac e;
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4. Disl oyal act s or words in t imes of war;

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5. Conspirac y to violate prece din g sect ions;
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6. Harboring or concealing violators of law. and

 7.
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Photographing vital military information
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CRIMES AGAINST LAWS OF NATIONS

5
Elements and Notes in Criminal Law Book II by RENE CALLAN

In crimes against the law of nations, the offenders can be prosecuted anywhere in the world because these crime
considered as against humanity in general, like piracy and mutiny. Crimes against national security can be tried o
in the Philippines, as there is a need to bring the offender here before he can be made to suffer the consequences
the law. The acts against national security may be committed abroad and still be punishable under our law, but
can not be tried under foreign law.

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
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

• ELEMENTS:

Rate
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b. That such acts provoke or give occasion for a war involving or liable to involve the Philippin
 Useful (98%) expose Filipino citizens to reprisals on their persons or property 
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to military action, itCONSTI
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• Reprisals is not limited denial of entry into their country
Book1  Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.
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Article 119
VIOLATION OF NEUTRALITY

ELEMENTS:
a. That there is war in which the Philippines is not involved 

b. That there is a regulation issued by competent authority for the purpose of enfo

neutrality 
c. That the offender violates such regulation

• Gov’t must have declared the neutrality of the Phil in a war between 2 other countries

The regulation must be issued by a competent authority like the President of the Philippines or the Chief of Staff
Armed Forces of the Philippines, during a war between different countries in which the Philippines is not taking si

• It is neutrality of the Phil that is violated

• Congress has the right to declare neutrality

The violations can be done either by means of dolo or by means of culpa. So violation of neutrality can 
be comm
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Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY

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ELEMENTS:
a. That it is in time of war in which the Philippines is involved 
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b. That the offender makes correspondence with an enemy country or territory occupie
enemy troops

c. That the correspondence is either –

1. prohibited by the government, or 

2. carried on in ciphers or conventional signs, or 

3. containing notice or information which might be useful to the enemy 

• Circumstances qualifying the offense:

1 a. notice or information might be useful to the enemy
2
3 b. offender intended to aid the enemy

• Hostile country exist only during hostilities or after the declaration of war

• Correspondence to enemy country – correspondence to officials of enemy country – even if related to you.

• It is not correspondence with private individual in enemy country

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
• If ciphers were used, no need for prohibition

If ciphers were not used, there is a need for prohibition


•

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• Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable

Article 121
FLIGHT TO ENEMY’S COUNTRY

• ELEMENTS
a. That there is a war in which the Philippines is involved 

b. That the offender (Filipino or resident alien) must be owing allegiance to the governmen

c. That the offender attempts to flee or go to enemy country 

d. That going to enemy country is prohibited by competent authority 

• Mere attempt consummates the crime

• There must be a prohibition. If none, even if went to enemy country – no violation

• Alien resident may be guilty here.


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Article 122
PIRACY  Useful  Not useful
• 2 Ways of Committing Piracy 

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a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)

 b. By seizing the whole or part of the cargo of said vehicles,

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its complement or passengers
 its equipment
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• Elements:
a. That a vessel is on the high seas/Philippine waters

b. That the offenders are not members of its complement or passengers of the vessel

c. That the offenders –

1. attack or seize that vessel or ( hence, if committed by crew or passengers, the crime i
 piracy but robbery in the high seas )

2. seize the whole or part of the cargo of said vessel, its equipment or personal belongin
its complement or passengers

• High seas: any waters on the sea coast which are without the boundaries of the low water mark although
waters may be in the jurisdictional limits of a foreign gov’t

• Piracy in high seas – jurisdiction is with any court where offenders are found or arrested

• Piracy in internal waters – jurisdiction is only with Philippine courts

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• For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy Mutiny
Rate
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without lawful authority and done with animo lucrandi commotion and disturbances on board a ship against
and in the spirit and intention of universal hostility. authority of its commander
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However, despite the amendment, P.D. No. 532 may still apply where the offender is not stranger to the vessel si
provides: “Any attack upon or seize of any vessel, or the taking away of the whole of part thereof or its ca
equipment or the personal belongings of its complement or passengers, irrespective of the value hereof, by mea
violence against or intimidation of persons or force upon things, committed by any person, including a passeng
member of the complement of said vessel, in Philippine waters , shall be considered as piracy. The offenders sha
considered as pirates and punished as hereinafter provided.” After all, under the Revised Penal Code, for one
called a pirate, the offender must be a stranger to the vessel.

• While the Article 122 limits the offenders to non-passengers or non-members of the crew, P.D. 532 states tha
attack upon or seizure of any vessel, or taking away the whole or part thereof or its cargo, equipment or per
belongings of its complement or passengers committed by any person including a passenger or member o
complement of said vessel shall be considered Piracy.

7 
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Elements and Notes in Criminal Law Book II by RENE CALLAN
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Note, however, that in Section 4 of Presidential Decree No. 532, the act of aiding pirates or abetting pira
 penalized as a crime distinct from piracy. Said section penalizes any person who knowingly and in any manner a
protects pirates such as giving them information about the movement of the police or other peace officers o
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 protects pirates, such as giving them information about the movement of the police or other peace officers o
 government, or acquires or receives property taken by such pirates, or in any manner derives any benefit theref
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or who directly or indirectly abets the commission of piracy. Also, it isRead
 expressly provided
free for in the same section
30 days
the offender shall be considered as an accomplice of the principal offenders and punished in accordance wit
Revised Penal Code. This provision of Presidential Decree No. 532 with respect to piracy in Philippine water ha
been incorporated in the Revised Penal Code. Neither may it be considered repealed by Republic Act No. 7659
there is nothing in the amendatory law is inconsistent with said section. Apparently, there is still the crim
abetting piracy in Philippine waters under Presidential Decree No. 532.

Considering that the essence of piracy is one of robbery , any taking in a vessel with force upon things or with vio
or intimidation against person is employed will always be piracy. It cannot co-exist with the crime of rob
Robbery, therefore, cannot be committed on board a vessel. But if the taking is without violence or intimidati
 persons or force upon things, the crime of piracy cannot be committed, but only theft.

Elements of mutiny

1) The vessel is on the high seas or Philippine waters;

2) Offenders are either members of its complement, or passengers of the vessel;

Related titles 3) Offenders either –


a. attack or seize the vessel; or  

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 passengers.

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
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Article 123
QUALIFIED PIRACY
Criminal Law   Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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QUALIFYING
a.
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Whenever they have seized a vessel by boarding or firing upon the same
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b. Whenever the pirates have abandoned their victims without means of saving themselves

c. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

above may result to qualified mutiny)

  Murder, rape, homicide, physical injuries are mere circumstances qualifying piracy and cannot be punish
separate crimes, nor can they be complexed with piracy.

• Parricide/infanticide should be included (Judge Pimentel)

• Murder/rape/homicide/physical injuries must have been committed on the passengers or complement

In piracy, where rape, murder or homicide is committed, the mandatory penalty of death is imposable. This means
even if the accused enters a plea of guilty, the penalty of death will still be imposed because death is a singl
indispensable penalty. (People vs. Rodriguez, 135 SCRA 485 )

The penalty for qualified piracy is reclusion perpetua to death. If any of the circumstances enumerated under th
is proven or established, the mandatory penalty of death should be imposed. The presence of mitigating or aggrav
circumstances will be ignored by the court.

 Although in Article 123 merely refers to qualified piracy, there is also the crime of qualified mutiny. Mut
qualified under the following circumstances: 
This document is...
(1) When the offenders abandoned the victims without means of saving themselves; or 
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(2) When the mutiny is accompanied by rape, murder, homicide, or physical injuries.

Note that the first circumstance which qualifies piracy does not apply to mutiny.
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Note that the first circumstance which qualifies piracy does not apply to mutiny.

 Search  Anti Hi-Jacking

Republic Act No. 6235 (The Read free
Law)for 30 days

Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is kno
aircraft piracy.

Four situations governed by anti hi-jacking law:

8
Elements and Notes in Criminal Law Book II by RENE CALLAN

(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the
thereof to change the course or destination of the aircraft;

(2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, comp
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
the pilots thereof to land in any part of Philippine territory;

(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philipp

any flammable, corrosive, explosive, or poisonous substance; and 
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any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance wit
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Between numbers 1 and 2, the point of distinction is whether the aircraft is of Philippine registry or foreign reg
(2%)
The common bar question on this law usually involves number 1. The important thing is that before the an
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 jacking law can apply, the aircraft mustLinkedIn
be in flight. If not in flight, whatever crimes committed shall be govern
the Revised Penal Code. The law makes a distinction between aircraft of a foreign registry and of Philippine reg
Criminal Law If Philippine Criminal CONSTIregistry 
2 reviewer Criminal
be in Law
flight at the Criminal Lawhi-jac
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the aircraft subject of the hi-jack is of Philippine , it should time of the
Book1  Otherwise, the anti hi-jacking law will not apply and the crime is still punished under the Revised Penal Code
Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
correlative crime may be one of grave coercion or grave threat. If somebody is killed, the crime is homici
Copy Link murder, as theEmail
case may be. If there are some explosives carried there, the crime is destructive arson. Explosiv
by nature pyro-techniques. Destruction of property with the use of pyro-technique is destructive arson. If th
illegally possessed or carried firearm, other special laws will apply.

On the other hand, if the aircraft is of foreign registry , the law does not require that it be in flight before the
hi-jacking law can apply. This is because aircrafts of foreign registry are considered in transit while they a
 foreign countries. Although they may have been in a foreign country, technically they are still in flight, becaus
have to move out of that foreign country. So even if any of the acts mentioned were committed while the ex
doors of the foreign aircraft were still open, the anti hi-jacking law will already govern.

Note that under this law, an aircraft is considered in flight from the moment all exterior doors are closed follo
embarkation
 passengers until
that such time
boarded. So ifwhen the same
the doors doors to
are closed arebring
again
theopened
aircraftfor
to disembarkation. This means
the hangar, the aircraft is notthat ther
consider
in flight. The aircraft shall be deemed to be already in flight even if its engine has not yet been started.

Questions & Answers

1. The pilots of the Pan Am aircraft were accosted by some armed men and were told to proce
the aircraft to fly it to a foreign destination. The armed men walked with the pilots and went on board the air
But before they could do anything on the aircraft, alert marshals arrested them. What crime was committed?

Thiswhich
The criminal intent definitely is to take control of the aircraft, document is... It is a question n
is hi-jacking.
whether the anti-hi-jacking law shall govern.
 Useful  Not useful
The anti hi-jacking law is applicable in this case. Even if the aircraft is not yet about to fly
requirement that it be in flight does not hold true when in comes to aircraft of foreign registry. Even if the pro
does not say that all exterior doors are closed, the crime is hi-jacking. Since the aircraft is of foreign registry,
h l i l i i i li h l h i f i i hi Phili i i i h
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the law, simply usurping or seizing control is enough as long as the aircraft is within Philippine territory, withou
requirement that it be in flight.
 Search 
Note, however, that there is no hi-jacking in the attempted stage.
Read free for 30 days
This is a special law wher
attempted stage is not punishable.

2. A Philippine Air Lines aircraft is bound for Davao. While the pilot and co-pilot are taking
snacks at the airport lounge, some of the armed men were also there. The pilots were followed by these men on
way to the aircraft. As soon as the pilots entered the cockpit, they pulled out their firearms and gave instru
where to fly the aircraft. Does the anti hi-jacking law apply?

No. The passengers have yet to board the aircraft. If at that time, the offenders are apprehended, th
will not apply because the aircraft is not yet in flight. Note that the aircraft is of Philippine registry.

3. While the stewardess of a Philippine Air Lines plane bound for Cebu was waiting for the pass
manifest, two of its passengers seated near the pilot surreptitiously entered the pilot cockpit. At gunpoint,
directed the pilot to fly the aircraft to the Middle East. However, before the pilot could fly the aircraft towar
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 pass
manifest, the doors were still open. Hence, the anti hi-jacking law is not applicable. Instead, the Revised Penal
shall govern. The crime committed was grave coercion or grave threat, depending upon whether or not any se
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-jackin
because there is no requirement for foreign aircraft to be in flight before such law would apply. The reason fo
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distinction is that as long as such aircraft has not returned to its home base, technically, it is still consider
transit or in flight.


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Share As to numbers 3 and 4 of Republic Act No. 6235, the distinction is whether the aircraft is a passenger aircraft
cargo aircraft. In both cases, however, the law applies only to public utility aircraft in the Philippines . Pr
aircrafts are not subject to the anti hi-jacking law, in so far as transporting prohibited substances are concerned

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9

Elements and Notes in Criminal Law Book II by RENE CALLAN

If the aircraft is a passenger aircraft, the prohibition is absolute. Carrying of any prohibited, flammable, corrosi
explosive substance is a crime under Republic Act No. 6235. But if the aircraft is only a cargo aircraft, the l
violated only when the transporting of the prohibited substance was not done in accordance with the rule
regulations prescribed by the Air Transportation Office in the matter of shipment of such things. The Boa
Transportation provides the manner of packing of such kind of articles, the quantity in which they may be load
any time, etc. Otherwise, the anti hi-jacking law does not apply.

However, under Section 7, any physical injury or damage to property which would result from the carrying or lo
of the flammable, corrosive, explosive, or poisonous substance in an aircraft, the offender shall be prosecute
only for violation of Republic Act No. 6235, but also for the crime of physical injuries or damage to property, a
case may be, under the Revised Penal Code. There will be two prosecutions here. Other than this situation, the
of physical injuries will be absorbed. If the explosives were planted in the aircraft to blow up the aircraf
circumstance will qualify the penalty and that is not punishable as a separate crime for murder. The pena
increased under the anti hi-jacking law.

 All other acts outside of the four are merely qualifying circumstances and would bring about higher penalty.
acts would not constitute another crime. So the killing or explosion will only qualify the penalty to a higher one.


Questions & Answers This document is...
1. 
In the course of the hi-jack, a passenger or complement 
Useful was shot andNot useful
killed. What crime or c
were committed?

The crime remains to be a violation of the anti hi-jacking law but the penalty thereof shall be h
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The crime remains to be a violation of the anti hi jacking law, but the penalty thereof shall be h
because a passenger or complement of the aircraft had been killed. The crime of homicide or murder is

 committed. Search  Read free for 30 days

2. The hi-jackers threatened to detonate a bomb in the course of the hi-jack. What crime or c
were committed?

  Again, the crime is violation of the anti hi-jacking law. The separate crime of grave threat
committed. This is considered as a qualifying circumstance that shall serve to increase the penalty.

TITLE TWO

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Crimes against the fundamental laws of the State

1. Arbitrary detention (Art. 124);

2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125);

3. Delaying release (Art. 126);

4. Expulsion (Art. 127);

5. Violation of domicile (Art. 128);

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6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129);

7. 
Searching domicile without witnesses (Art. 130);

Rate
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9. Interruption of religious worship (Art. 132); and

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Offending the religious 2feelings (Art. 133);  Search document
officers, except as to the last crime – offending the religious fe
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under Article 133, which refers to any person. The public officers who may be held liable are only those acting
supposed exercise of official functions, albeit illegally. But private persons may also be liable under this title as
Criminal Law Philippine Criminal CONSTI
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required isCriminal
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a private person conspires with a public officer. principal offender must be a p
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 person also becomes liable for the same crime. But a private person acting alone cannot commit the crimes
the p

Copy Link  Article 124 to Email

132 of this title.

Classes of Arbitrary Detention:

a. By det aining a person wit hout legal groun d
b. Delay in the delivery of detained persons to the proper judicial authorities
c. Delaying release
 

Article 124
ARBITRARY DETENTION

• ELEMENTS:
a. That the offender is a public officer or employee (whose official duties include the author
make an arrest and detain persons; jurisdiction to maintain peace and order).

 b. That he detains a person (actual restraint).


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10
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Elements and Notes in Criminal Law Book II by RENE CALLAN

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c. That the detention was without legal grounds (cannot be committed if with warrant).
 Search  Read free for 30 days
• Detention: when a person is placed in confinement or there is a restraint on his person.

Only those public officers whose official duties carry with it the authority to make an arrest and detain persons c
guilty of this crime. So, if the offender does not possess such authority, the crime committed by him is i
detention.

• Though the elements specify that the offender be a public officer or employee, private individuals who co
with public officers can also be liable.

In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held to be gui
the crime of arbitrary detention. This is because he is a person in authority vested with the jurisdiction to ma
peace and order within his barangay. In the maintenance of such peace and order, he may cause the arres
detention of troublemakers or those who disturb the peace and order within his barangay. But if the legal basis f
apprehension and detention does not exist, then the detention becomes arbitrary.

• Legal grounds for the detention of any person:

a. commission of a crime

b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

c. escaped prisoner

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When the peace officers acted in good faith even if the three (3) grounds mentioned above are not obta
there is no Arbitrary Detention.

• Without legal grounds: 

Rate
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b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital
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• Grounds for warrantless arrest:

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a. Crime is about to be, is being, has been committed in his presence
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b. Officer must have probable cause to believe based on personal knowledge of facts and circumstance
the person probably committed the crime
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•
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prisoner 

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– no need for warrant Reviewer (Art. 1… Book 2(1).pdf

• Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted t
officers that he did it although he was not asked. X was detained immediately. According to the SC, there w
arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him.

Arbitrary detention can be committed thru simple imprudence or negligence. (People vs. Misa)

Periods of Detention penalized:

1. Detention not exceeding three days;

2. Detention for more than three days but not more than 15 days;

3. Detention for more than 15 days but not more than 6 months; and

4. Detention for more than 6 months.

• Continuing crime is different from a continuous crime

• Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and hav
been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renoun
affiliation. Arrest can be made without a warrant because this is a continuing crime.
Distinction between arbitrary detention and illegal detention 
This document is...
1. In arbitrary detention --
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The principal offender must be a public officer. Civilians cannot commit the crime of arbitrary dete
except when they conspire with a public officer committing this crime, or become an accompli
accessory to the crime committed by the public officer; and
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accessory to the crime committed by the public officer; and 


The offender who is a public officer has a duty which c arries with it the authority to detain a person.
Search  Read free for 30 days
2. In illegal detention --

The principal offender is a private person. But a public officer can commit the crime of illegal dete

when he is or
accomplice acting in a private
accessory capacity
to the crime or beyond
committed by athe scopeperson.
private of his official duty, or when he becom

The offender, even if he is a public officer, does not include as his function the power to arrest and d
a person, unless he conspires with a public officer committing arbitrary detention.

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Elements and Notes in Criminal Law Book II by RENE CALLAN
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Procedure… Reviewer (Art. 1… Book 2(1).pdf
Whether the crime is arbitrary detention or illegal detention, it is necessary that there must be an actual restra
liberty of the offended party. If there is no actual restraint, as the offended party may still go to the place whe
wants to go, even though there have been warnings, the crime of arbitrary detention or illegal detention i
committed. There is either grave or light threat.

However, if the victim is under guard in his movement such that there is still restraint of liberty, then the crim
either arbitrary or illegal detention is still committed.

Distinction between arbitrary detention and unlawful arrest

(1)  As to offender 

In arbitrary detention, the offender is a public officer possessed with authority to make arrests.

In unlawful arrest, the offender may be any person.

(2)  As to criminal intent

In arbitrary detention, the main reason for detaining the offended party is to deny him of his liberty.

In unlawful arrest, the purpose is 1) to accuse the offended party of a crime he did not commit; 2) to d
the person to the proper authority; and 3) to file the necessary charges in a way trying to incriminate hi

This
When a person is unlawfully arrested, his subsequent detention is without document
legal grounds. is...

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Article 125 
DELAY IN THE DELIVERY OF DETAINED PERSONS
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• ELEMENTS:


a. That the offender is a public officer or employee
Search  Read free for 30 days
b. That he has detained a person for some legal grounds

c. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or
equivalent
Article 125 covers situations wherein the person detained has been arrested without a warrant but his arr
nonetheless lawful. It is a felony committed by omission because of the failure of the offender to deliver the det
person to the proper judicial authority within 12 hours, 18 hours and 36 hours as the case may be.

At the beginning, the detention is legal since it is in the pursuance of a lawful arrest. However, the detention be
arbitrary when the period thereof exceeds 12, 18 or 36 hours, as the case may be, depending on whether the cri
punished by light, correctional or afflictive penalty or their equivalent.

• Really means delay in filing necessary information or charging of person detained in court.
• May be waived if a preliminary investigation is asked for.

Under the Revised Rules of Court, when the person arrested is arrested for a crime which gives him the rig
preliminary investigation and he wants to avail his right to a preliminary investigation, he would have to wa
writing his rights under Article 125 so that the arresting officer will not immediately file the case with the court
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
will exercise jurisdiction over the case. If he does not want to waive this in writing, the arresting officer will ha
comply with Article 125 and file the case immediately in court without preliminary investigation. In such case
arrested person, within five days after learning that the case has been filed in court without prelim
investigation, may ask for preliminary investigation. In
this case, the public officer who made the arrest will no
Rate
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• Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complie
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authority. It does LinkedIn
not involve the physical delivery of the prisoner before the judge (Sayo vs. Chief of Police).

Criminal Law The filing of the information

Philippine Criminal in court does CONSTI
not cure2illegality
reviewerof detention. Neither doesCriminal
Criminal Law it affect Law
the lega

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•

Book1  the confinement under process issued by the court.

Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
Copy Link • To escapeEmail
from this, officers usually ask accused to execute a waiver which should be under oath and
assistance of counsel. Such waiver is not violative of the accused constitutional right.

• What is length of waiver ? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. (J
Pimentel)

• Article does not apply when arrest is via a warrant of arrest

Q. Within what period should a police officer who has arrested a person under a warrant of arrest turn
the arrested person to the judicial authority?

12
Elements and Notes in Criminal Law Book II by RENE CALLAN

This document is...
 A. There is no time limit specified except that the return

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must be made within a reasonable time.
 period fixed by law under Article 125 does not apply because the arrest was made by virtue of a warrant of arres

• If offender is a private person, crime is illegal detention

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If offender is a private person, crime is illegal detention

 Before Article 125 may be applied, it is necessary that initially, the detention of the arrested person mu
Search
•

the arrest is based on legal grounds. 

lawful because
Read free for 30 days
If the arrest is made without a warrant, this constitu
unlawful arrest.
grounds, the arrestArticle
is pure269(unlawful arrest), detention.
and simple arbitrary not Article Article
125, will
125apply. If the arrest
contemplates is notwhere
a situation basedthe
on
was made without warrant but based on legal grounds. This is known as citizen’s arrest.

• A police officer has no authority to arrest and detain a person on the basis merely of the complaint o
offended party, even if after investigation he becomes convinced that the accused is guilty of the of
charged. What the complainant may do is to file a complaint with the court and ask for the issuance of a wa
of arrest.

Arbitrary Detention (124) Delay in Delivery of Detained (12

Detention is illegal from the beginning. Detention is legal in the beginning, but illega
the expiration of the specified periods witho
detained having been delivered to the p
authority.

Article 126
DELAYING RELEASE

ELEMENTS:
a. That the offender is a public officer or employee

Related titles b. That there is a judicial or executive order for the release of a prisoner or detention pris


or that there is a proceeding upon a petition for the liberation of such person

c.  delays:
That the offender without good reason
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
2. the performance of such judicial or executive order for the release of the prisoner, or 
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• Three acts are punishable:
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judicial or executive order for the release of a prisoner

b. delaying the service of notice of such order to said prisoner

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c. delaying
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upon any petition for the liberation of (Art. 1…
such person Book 2(1).pdf

• Wardens and jailers are the persons most likely to violate this provision

• Provision does not include legislation

Article 127
EXPULSION

ELEMENTS:
a. That the offender is a public officer or employee

b. That he expels any person from the Philippines, or compels a person to change his reside

c. That the offender is not authorized to do so by law 

• 2 acts punishable:
a. by expelling a person from the Philippines

b. by compelling a person to change his residence

The essence of this crime is coercion but the specific crime is “expulsion” when committed by a public office
committed by a private person, the crime is grave coercion. 
This document is...
In the Philippines, only the President of the Republic has the power to deport aliens whose continued stay
country constitutes a menace to the peace and safety of the community.
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In the case of Filipino citizens, only the court, by final judgment, can order a person to change his residence.

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In Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of Manila wanted to make the city free
prostitution. He ordered certain prostitutes to be transferred to Davao, without observing due processes since
 Search
have not been charged  the crime committed
with any crime at all. It was held that Read free was
for 30 days
expulsion.

• Does not include undesirable aliens; destierro; or when sent to prison

Questions & Answers

13
Elements and Notes in Criminal Law Book II by RENE CALLAN

1. Certain aliens were arrested and they were just put on the first aircraft which brought them
country so that they may be out without due process of law . Was there a crime committed?

Yes. Expulsion.
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
2. If a Filipino citizen is sent out of the country, what crime is committed?

 cannot be deported. This crime refers only to aliens.

Grave coercion, not expulsion, because a Filipino

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• Threat to national security is not a ground to expel or change his address.

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ELEMENTS:
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
a. the offender is a public
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b.
Procedure… Reviewer (Art. 1… Book 2(1).pdf
That he is not authorized by judicial order to enter the dwelling and/or to make a se
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therein for papers or other effects

c. That he commits any of the following acts:

1. entering any dwelling against the will of the owner thereof 

2. searching papers or other effects found therein without the previous consent of such own

3. refusing to leave the premises, after having surreptitiously entered said dwelling and
having been required to leave the same

•  Aggravating Circumstance (medium and maximum of penalty imposed):

a. Offense committed at nighttime

b. Papers or effects not constituting evidence of a crime be not returned immediately

In order to commit this crime, the entry must be against the will of the owner. If the entry is only without the co
of the owner, the crime of violation of domicile is not committed.
The prohibition may be expressed or implied. If the signs “Do not enter ” and “Strangers keep out” are posted in
of the house or dwelling, then the prohibition is express. If the door is locked, or even if it is open but thes
barriers to indicate the manifest intention of the owner to bar strangers from entering, there is implied prohibitio

The primary object of the law is to preserve the privacy of abode of the offended party. Hence, if 
the priv
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• If the offender who enters the dwelling against the will of the owner thereof is a  private individual, the c
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committed is trespass to dwelling (Art 280)

 •
Search  Read free for 30 days
When a public officer searched a person “outside his dwelling” without a search warrant and such person
legally arrested for an offense, the crime committed by the public officer is   grave coercion, if violen
intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287)

• A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, e
he knew that someone in that dwelling is having unlawful possession of opium

• Under Rule 113(sec. 11) of the Revised Rules of Court, when a person to be arrested enters a premise and c
it thereafter, the public officer, after giving notice of an arrest, can break into the premise. He shall n
liable for violation of domicile.

• 3 acts punishable:
a. person enters dwelling w/o consent or against the will

In the plain view doctrine, public officer should be legally entitled to be in the place where the effects
found. If he entered the place illegally and he saw the effects, doctrine inapplicable; thus, he is liab
violation of domicile.

b. person enters and searches for papers and effects

Public officer who enters with consent searches for paper and effects without the consent of the owner.
if he is welcome in the dwelling, it does not mean he has permission to search.
Related titles


c. person entered secretly and refuses to leave after being asked to


The act punished is not the entry but the refusal to leave. If the offender upon being directed to l
followed and left, there is no crime of violation of domicile. Entry must be done surreptitiously ; wi
Rate
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meaning there was express or implied prohibition from entering the same, even if the occupant doe

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Elements and Notes in Criminal Law Book II by RENE C

direct him to leave, the crime of violation of domicile is already committed because it w
1.

• “Being authorized by law” – means with search warrant, to save himself or do some things goo

There are only three recognized instances when search without a warrant is considered valid, a
seizure of any evidence done is also valid . Outside of these, search would be invalid and the objec
be admissible in evidence.

(1) Search made incidental to a valid arrest;

 
(2) Where the search was made on a moving vehicle or vessel such that the exigency of he
the searching officer from securing a search warrant;

(3) When the article seized is within plain view of the officer making the seizure withou
therefore.

• Papers and effects need not be part of a crime. This document is...
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Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED

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ELEMENTS:
 a. Search
That the offender is a public officer
 or employee
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b. That he procures a search warrant

c. That there is no just cause

• In order that a search warrant may be issued , it must be based on probable cause in connectio
to be determined by a judge after examination under oath of the complainant and the witness
and particularly describing the place to be searched and the persons or things to be seized.

This means there was no probable cause determined in obtaining the search warrant.
•  Although void, the search warrant is entitled to respect because of presumption of regularity
motion to quash the search warrant, not refusal to abide by it. The public officer may also
perjury, because for him to succeed in obtaining a search warrant without a probable ca
perjured himself or induced someone to commit perjury to convince the court.

The true test of lack of just cause is whether the sworn statement filed in support of the application
warrant has been done in such a manner that perjury could be charged and the affiant can be held l
such false statement. The oath required refers to the truth of the facts within the personal knowled
and his witnesses.
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
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY
SEARCH WARRANT LEGALLY PROCURED 
Rate
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a. That the offender is a public officer or employee
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warrant

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That he exceeds his authority or uses unnecessary severity in executing the
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• Search warrant is valid for 10 days from its date
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• 
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Search warrant is an order in writing issued in the name of the People, signed by the judge
publicEmail
officer, commanding him to search for personal property described therein and bring it b

• No just cause – warrant is unjustified

• Search – limited to what is described in the warrant, all details must be with particularity

The officer exceeded his authority under the warrant – To illustrate, let us say that there was a
unit. The PNP Narcotics Group obtained a search warrant but the name of person in the search w
with the address stated. Eventually, the person with the same name was found but in a diffe
occupant resisted but the public officer insisted on the search. Drugs were found and seized
prosecuted and convicted by the trial court. The Supreme Court acquitted him because the
required to follow the search warrant to the letter. They have no discretion on the matter. Pla
inapplicable since it presupposes that the officer was legally entitled to be in the place where
found. Since the entry was illegal, plain view doctrine does not apply.


15 This document is...
Elements and Notes in Criminal Law Book
 Useful II useful
 Not by RENE C

b T k dt t i t
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b. Tank was used to ram gate prior to announcement that a search will be made
The search warrant is not a license to commit destruction.
 Search  Read free for 30 days
c. Persons who were not respondents were searched

Article 130
SEARCHING DOMICILE WITHOUT WITNESSES

• ELEMENTS :
a. That the offender is a public officer or employee

b. That he is armed with a search warrant legally procured 

c. That he searches the domicile, papers or other belongings of any person

d. That the owner, or any member of his family, or two witnesses residing in
are not present

• Order of those who must witness the search:

a. Homeowner

Related titles b. Members of the family of sufficient age and discretion


c. Responsible members of the community (can’t be influenced by the searching party)

Rate
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pending. Latter is preferred for objective determination.
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Article 130 has no application ofsearch
115 and seizure made onSearch vehicles because the 
movingdocument applic
limited to dwelling and personal properties such as papers and effects found therein.
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There are searches and seizures which are authorized by law and which can be done without

Criminal Law Philippine Criminal

the Tariff CONSTI 2Code
and enclosure,
Customs reviewer Criminal Law Criminal Law

witnesses.
enter; pass For instance,
through or search any land, authorizes
warehouse, persons
store or with police
building, not authority
being used au
Book1  Revised Penal… search
and to inspect,
board, or to
Procedure…
and examine any vessel or aircraft, andReviewer
any trunk,(Art. 1… Book
package, 2(1).pdf
box or envelope
stop and search and examine any vehicle, beast or person suspected of holding or conv
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or prohibited article introduced into the Philippines contrary to law.

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

• ELEMENTS:
a. Offender is a public officer or employee

b. He performs any of the ff. acts:

1.  prohibiting or interrupting, without legal ground the holding of a peaceful mee

the same (e.g. denial of permit in arbitrary manner).

2. hindering any person from joining any lawful association or from attending any o

• prohibiting or hindering any person from addressing, either alone or together with others,
authorities for the correction of abuses or redress of grievances

Two criteria to determine whether Article 131 would be violated: 

This document is...
(1) Dangerous tendency rule – applicable in times of national unrest such as to prevent coup d
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(2) Clear and present danger rule – applied in times of peace. Stricter rule.

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• If the offender is a private individual, the crime is disturbance of public order (Art 153)
 •
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Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting

• If in the course of the assembly the participants commit illegal acts like oral defamation or inc
public officer or law enforcer can stop or dissolve the meeting. The permit given is not a li
crime.

• Meeting is subject to regulation

f h i i d i d bi il A i l 3 i i l d f h ff ld h
 

16
Elements and Notes in Criminal Law Book II by RENE CALLAN

• Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legis
body, not punishable under this article

Related titles • The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker s


touch on politics may be stopped

•
churches in public meeting is a violation of this article
But stopping the speaker who was attacking certain

Rate
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• Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permi
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2 if of
meetings in public places. But
liable for stopping the meeting.
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115stops a meeting in a private
police

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place document 
because there’s no permit, offi

Distinctions between prohibition, interruption, or dissolution of peaceful meetings under Article 131, and tumult
other disturbances, under Article 153
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Email131, the public officer is not a participant. As far as the gathering is concerned, the public o
In Article
is a third party.

If the public officer is a participant of the assembly and he prohibits, interrupts, or dissolves the s
 Article 153 is violated if the same is conducted in a public place.

(2) As to the essence of the crime

In Article 131, the offender must be a public officer and, without any legal ground, he prohibits, inter
or dissolves a peaceful meeting or assembly to prevent the offended party from exercising his freed
speech and that of the assembly to petition a grievance against the government.

In Article 153, the offender need not be a public officer. The essence of the crime is that of crea
serious disturbance of any sort in a public office, public building or even a private place where a p
function is being held.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP

• ELEMENTS:
a. That the officer is a public officer or employee

That religious ceremonies or manifestations of This


b. document
any religion is... to take place o
are about
going on

c. That the offender prevents or disturbs the same

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• Circumstance qualifying the offense: if committed with violence or threats

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Circumstance qualifying the offense: if committed with violence or threats

 • Search
Reading of Bible and then attacking certain churches in a public plaza
Read is
free
notfor 30 days or manifestati
a ceremony
religion, but only a meeting of a religious sect. But if done in a private home, it’s a religious service

• Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestati
religion. Ex. Mass, baptism, marriage

• X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a re
of X. Is X liable? X may be liable under Art 133 because X is a private person.

• When priest is solemnizing marriage, he is a person in authority, although in other cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS

• ELEMENTS:
a. That the acts complained of were performed –

1. in a place devoted to religious worship, or ( 

 for this element, no need of religious ceremony, onl
 place is material )
2. during the celebration of any religious ceremony 

Related titles  b. That the acts must be notoriously offensive to the feelings of the faithful ( deliberate intent to hur


 feelings )

c. The offender is any person 

Rate
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 Useful (98%) • If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony
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17

Elements and Notes in Criminal Law Book II by RENE CALLAN

• Example of religious ceremony  (acts performed outside the church). Processions and special prayers for bu
dead persons but NOT prayer rallies

• Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mock
scoffing or attempting to damage an object of religious veneration

• There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enoug

In determining whether an act is offensive to the feelings of the faithful, the same must be viewed or judged fro
standpoint of the offended religion and not from the point of view of the offender (People vs. Baes, 68 Phil. 203)

CRIME Nature of Crime Who are Liable If Element Missing

Prohibition, Crime against the Public officers, If not by public officer = tumults
Interruption and  fundamental law of the Outsiders
Dissolution of   state
Peaceful Meeting 
(131) This document is...
Interruption of   Crime against the Public officers, If by insider = unjust vexation
Religious Worship fundamental law of the Outsiders Useful  Not useful
If not religious = tumult or alarm
(132) state If not notoriously offensive = unj
vexation
Offending the Crime against public order Public officers, If not tumults = alarms and scand
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Offending the Crime against public order Public officers, If not tumults alarms and scand
Religious Feeling private persons, If meeting illegal at onset = incit

 (133) Search 
outsiders Read free for 30 days
to sedition or rebellion

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
TITLE THREE
 PUBLIC ORDER 
CRIMES AGAINST

Rate
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1. Rebel lion or insurrec tion (Art . 134);

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Coup d’ etat (Art. 134-A) 2

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rebellion (Art. 136);
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3. Disloyalty to public officers or employees (Art. 137);

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to rebellion (Art. 138);
Procedure… Reviewer (Art. 1… Book 2(1).pdf
5. Sedition (Art. 139);

6. Conspirac y to commit sedit ion (Art. 141);

7. Inciting to sedition (Art. 142);

8. Acts tending to prevent the meeting of Congress and similar bodies (Art. 143);

9. Disturbance of proceedings of Congress or similar bodies (Art. 144);

10. Violation of parliamentary immunity (Art. 145);

11. Il legal assembl ies (Art. 146);

12. Il legal associat ion s (Art . 147);

13. Direct assaults (Art. 148);


This document is...
18
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Elements and Notes in Criminal Law Book II by RENE C
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 14. Search
Indirect assaults (Art. 149);  Read free for 30 days

15. Disobedience to summons issued by Congress, its committees, etc., by the constitution
committees, etc. (Art. 150);

16. Resistance and disobedience to a person in authority or the agents of such person (Art. 151

17. Tumults and other disturbances of public order (Art. 153);

18. Unlawful use of means of publication and unlawful utterances (Art. 154);

19. Al arms and scan dal s (Art. 155);

20. Delivering prisoners from jails (Art. 156);

21. Evasion of service of sentence (Art. 157);

22. Evasion on occasion of disorders (Art. 158);

23. Violation of conditional pardon (Art. 159); and

24. Commission of another crime during service of penalty imposed for another previous offen
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
Article 134 
Rate
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• ELEMENTS:
a. Th at there be –
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  Search document 
1. 2 and 
public uprising

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2. taking arms against the government  force/violence
(   )

Criminal Law b. That the purpose

Philippine Criminal of the uprising or movement
CONSTI 2 revieweris either 
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1. to remove from the allegiance to s aid government or its laws –
Email4
Book 2(1).pdf

5 i. the territory of the Philippines or any part thereof, or 

6
7 ii. any body of land, naval or other armed forces, or 

2 To deprive the chief executive or congress, wholly or partially, of any of

 prerogatives

• Persons liable for rebellion

a.  Any person who: 1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or

b. Any person who, while holding any public office or employment, takes part therein by:
1. engaging in war against the forces of the government

2. destroying property or committing serious violence

3. exacting contributions or diverting public funds from the lawful purpose for whi
appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);

This document is...
4. Any person merely participating or executing the command of others in rebellion
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The essence of this crime is a public uprising with the taking up of arms. It requires a multitude of
overthrow the duly constituted government. It does not require the participation of any membe
national police organization or public officers and generally carried out by civilians. Lastly, the
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national police organization or public officers and generally carried out by civilians. Lastly, the
committed through force and violence.
 Search  Read free for 30 days
The crime of rebellion cannot be committed by a single individual. Invariably, it is committed by sev
the purpose of overthrowing the duly constituted or organized government. In the Philippines, what
ordinary citizen as a symbol of Government would be the barangay, represented by its officials; the
represented by the provincial and municipal officials; and the national government represented by t
Chief Justice and the Senate President and the Speaker of the House of Representatives.

• Success is immaterial, purpose is always political

The crime of rebellion is essentially a political crime. The intention of the rebel is to substitute
those who are in power. His method of placing himself in authority with the use of violence, dure
i i h i i f i lik d kid i bb d h
 

19
Elements and Notes in Criminal Law Book II by RENE C

Related titles


• Insurrection refers to a movement which seeks merely to effect some change of minor importa
exercise of gov’t authority w/ respect to particular matters or subjects

Rate
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could be limited to certain areas, like isolating a barangay or municipality or a province in its
constituted government or the national government.
 Useful (98%)

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The law on
of includes
115

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rebellion however, does
  Search
loyalty, civil obedience anddocument
civil service.

not speak only of allegiance or loss of territory. It also includes



rebel to deprive the President of the Philippines of the exercise of his power to enforce the law, to
laws and regulations duly enacted and promulgated by the duly constituted authorities.
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Actual clash of arms w/ the forces of the gov’t, not necessary to convict the 2(1).pdf
accused who i

• Purpose of the uprising must be shown but it is not necessary that it be accomplished

• A change of government w/o external participation

• RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there is
the crime is of direct assault.

When any of the objectives of rebellion is pursued but there is no public uprising in the legal sense ,
assault of the first form. But if there is rebellion, with public uprising, direct assault cannot be com

• Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is
there must be ACTUAL participation

There must be a public apprising and taking up of arms for the specified purpose or purp
Article 134. The acts of the accused who is not a member of the Hukbalahap organization of sen
food supplies to a Huk leader; the changing of dollars into pesos for a top level communist; and the
opening accounts with the bank of which he was an official, do not constitute Rebellion. (Carino vs
SCRA 900).

This document is...
• Not necessary that there is killing, mere threat of removing Phil is sufficient
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Rebellion may be committed even without a single shot being fired. No encounter needed. Mere p
arms enough.

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• Rebellion cannot be complexed with any other crime.

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Common crimes perpetrated in furtherance of a political offense are divested of their character as
and assume the political complexion of the main crime which they are mere ingredients, and conse
punished separately from the principal offense, or complexed with the same.

ORTEGA OPINION:

Rebellion can now be complexed with common crimes. Not long ago, the Supreme Court, in Enr
SCRA 217, reiterated and affirmed the rule laid down in People v. Hernandez, 99 Phil 5
may not be complexed with common crimes which are committed in furtherance thereo
absorbed in rebellion. In view of said reaffirmation, some believe that it has been a se
rebellion cannot be complexed with common crimes, such as killing and destruction of prop
the occasion and in furtherance thereof.

This thinking is no longer correct; there is no legal basis for such rule now.

The
crimestatement in People
of rebellion, v. Hernandez
was dictated by thethat common
provision of crimes
Article committed
135 of the in furtherance
Revised of rebellion
Penal Code prior toa
the Republic Act No. 6968 (An Act Punishing the Crime of Coup D’etat), which became effective
Prior to its amendment by Republic Act No. 6968, Article 135 punished those “who while holding a
employment, take part therein” by any of these acts: engaging in war against the forces of Gove
property; committing serious violence; exacting contributions, diverting funds for the lawful purp
Related titles have been appropriated.


 
Since a higher penalty is prescribed for the  crime of rebellion when any of the specified acts
furtherance thereof, said acts are punished as components of rebellion and, therefore, are not to be
Rate
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rebellion. In short, it was because Article 135 then punished said acts as components of the crim
 Useful (98%) precludes the application of Article 48 of the Revised Penal Code thereto. In the eyes of the l


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2 that is rebellion. The Hernandez doctrine
 Search was reaffirmed inEnrile
document
the text of Article 135 has remained the same as it was when the Supreme Court resolved the same
 Facebook
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v. Hernandez. So the Supreme Court invited attention to this fact and thus stated:
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“There is a an apparent need to restructure the law on rebellion either to raise the penalty ther
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20
Elements and Notes in Criminal Law Book II by RENE C
Obviously, Congress took notice of this pronouncement and, thus, in enacting Republic Act No. 69
provide for the crime of coup d’etat in the Revised Penal Code but moreover, deleted from the p
135 that portion referring to those –

“…who, while holding any public office or employment takes part therein [rebellion or insurrection
against the forces of government, destroying property or committing serious violence, exactin
diverting public funds from the lawful purpose for which they have been appropriated …”

Hence, overt acts which used to be punished as components of the crime of rebellion have been sev
Republic Act No. 6968. The legal impediment to the application of Article 48 to rebellion has be
the amendment, common crimes involving killings, and/or destructions of property, even though co
in furtherance of rebellion, shall bring about complex crimes of rebellion with murder/homicide
robbery, or rebellion with arson as the case may be.

To reiterate, before Article 135 was amended, a higher penaltyThis
is document is...the offender enga
imposed when
the government. "War" connotes anything which may be carried out in pursuance of war. This imp
property
war or hostilities like serious violence and destruction of  Not
Useful committed useful and in pur
on occasion
are component crimes of rebellion which is why Article 48 on complex crimes is inapplicable. In am
the acts which used to be component crimes of rebellion, like serious acts of violence, have been d
now distinct crimes The legal obstacle for the application of Article 48 therefore has been rem
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now distinct crimes. The legal obstacle for the application of Article 48, therefore, has been rem
legislators want to punish these common crimes independently of rebellion. Ortega cites no case o
 v. Salazar. Search  Read free for 30 days
• However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of

The offense of illegal possession of firearm is a malum prohibitum, in which case, good faith and abs
intent are not valid defenses.

• Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to com
•  A private crime may be committed during rebellion. Examples: killing, possessions of firearms
are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed

• If killing, robbing were done for private purposes or for profit, without any political motivatio
be separately be punished and would not be embraced by rebellion (People v. Fernando)

• Person deemed leader of rebellion in case he is unknown:

Any person who in fact:
a. directed the others
b.
c. spoke
signedfor the m and other documents issued in their name
receipts
d. performed similar acts on behalf of the rebels
Related titles


Distinctions between rebellion and sedition

(1)  As to nature
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In rebellion, there must be taking up or arms against the government. 

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squatters
residents. The purpose in sedition is to go against established government, not to overthrow it.

Article 134-A
COUP D’ ETAT

• ELEMENTS:
a. Swif t attack

b. Accompanied by violence, intimidation, threat, strategy or stealth

c. Directed against:

1. duly constituted authorities

2. any military camp or installation

3. communication networks or public utilities

4. other facilities needed for the exercise and continued possession of power 

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21
Elements and Notes in Criminal Law Book II by RENE CALLAN

 f. Purpose of seizing or diminishing state power 

The essence of the crime is a swift attack upon the facilities of the Philippine government, military camp
installations, communication networks, public utilities and facilities essential to the continued possessi
Related titles governmental powers. It may be committed singly or collectively and does not require a multitude of people.


• The objective may not be to overthrow the government but only to destabilize or paralyze the governm
 to the continued possession and exercise of governm
through the seizure of facilities and utilities essential
Rate
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or without civilian support. Finally, it may be carried out not only by force or violence but also through ste
threat or strategy.
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Rebellion is committed by any person whether a private individual or a public officer whereas in coup d’etat
Twitter of the military or police
LinkedIn

offender is a member force or holding a public office or employment.

Criminal Law In Philippine

rebellion, the object isCriminal
to alienate the allegiance of a2 people
CONSTI in a territory,
reviewer Criminal whether
Law wholly or partially,
Criminal Law fro
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
duly constituted government; in coup d’etat, the object or purpose is to seize or diminish state power.
Revised Penal…
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In both instances,
Procedure… Reviewer (Art. 1… Book 2(1).pdf
the offenders intend to substitute themselves in place of those who are in power.

Treason (114) Rebellion (134) Coup d’etat Sedition (139)

(134-A)
Nature of   Crime against National Crime against Public Crime against Crime against Public Or
C Security Order Public Order
r 
i
m
e
Overt Acts levying war against the Public uprising See article. Rising publicly
gov’t; AND tumultuously (caused
OR Taking up arms against more than 3 armed me
adherence and giving the gov’t provided with means
aid or comfort to violence)
enemies
Purpose of  Deliver the gov’t to See article. Seizing or See enumeration
objective enemy during war diminishing state article.
power.

Article 135
PENALTIES

This document is...
•
Who are liable?
a. Any person who:  Useful  Not useful
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
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b. Any person who, while holding any public office or employment, takes part therein
 Search
1. engaging 
in war against the forces of the gov’t Read free for 30 days
2. destroying property or committing serious violence

3. exacting contributions or diverting public funds from the lawful purpose for which they have
appropriated

c. Any person merely participating or executing the command of other in a rebellion

When conspiracy is present in the commission of the crime, the act of one is the act of all. In committing rebellio
coup d’etat, even if conspiracy as a means to commit the crime is established, the principal of criminal liability
Article 17 of the Revised Penal Code is not followed.
In Government Service Not in Government Service
Anyone who leads, directs, commands others to undertake a Anyone who participates or in an manner, sup
coup. abets, aids in a coup.

• Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities a
the armed force.

• Diverting public funds is malversation absorbed in rebellion

NOTES:
a. Public officer must take active part because mere silence or omission not punishable in rebell
Related titles


b. It is not a defense in rebellion that the accused never took the oath of allegiance to, or tha
never recognized the government

c.

Rebellion cannot be complexed with murder and other common crimes committed in pursuan
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Elements and Notes in Criminal Law Book II by RENE CALLAN

Subversion, just like the crimes of rebellion, conspiracy or proposal to commit the crimes of rebellion or subversio
crimes or offenses committed in furtherance thereof constitute direct assaults against the State and are in the n
of continuing crimes ( Umil vs. Ramos).

d. Killing, robbing etc for private persons or for profit, without any political motivation, wou
separately punished and would not be absorbed in the rebellion.

Article 136
CONSPIRACY TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION

• ELEMENTS:
a. 2 more persons come to an agreement to rise publicly and take arms against the governm
b. For any of th e pu rposes of rebell ion

c. They decide to commit it

PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION (136)


This document is...
• ELEMENTS:  
 Useful  Not useful
a. A person who has decided to rise publicly and take arms the government

b. For any of the purposes of rebellion

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y f p p f

c. Proposes its execution to some other person/s

 Search  Read free for 30 days
• Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show consp
to overthrow the gov’t

• The mere fact of giving and rendering speeches favoring Communism would not make the accused gui
conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t

• Conspiracy must be immediately prior to rebellion

• If it is during the rebellion, then it is already taking part in it.

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

• ACTS PUNISHED:
a. Failing to resist rebellion by all the means in their power 

b. Continuing to discharge the duties of their offices under the control of rebels

c. Accepting appointment to office under rebels

• Presupposes existence of rebellion

Related titles


• Must not be in conspiracy with rebels or coup plotters

•

If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are no mea
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• If position is accepted in order to protect the people, not covered by this

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 rebels 
•
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The collaborator must not have to impose the wishes of the Search document
on the people.

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Disloyalty as a crime is not limited to rebellion alone but should now include the crime of coup d’etat. Rebell
essentially a Twitter
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individuals while coup d’etat is a crime that should be classified as a
committed by public officers like malversation, bribery, dereliction of duty and violations of the anti-Graft and Co
Practices Act.
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If the public officer or employee, aside from being disloyal, does or commits acts constituting the 2(1).pdf
crime of rebelli
will no longer be charged for the simple crime of disloyalty but he shall be proceeded against fo
grave offense of rebellion or coup d’etat.

Article 138
INCITING TO REBELLION OR INSURRECTION

• ELEMENTS:
a. That the offender does not take arms or is not in open hostility against the government

b. That he incites others to the execution of any of the acts of rebellion

c. That the inciting is done by means of speeches, proclamations, writings, emblems, banne
other representations tending to the same end 


23 This document is...
Elements and Notes in Criminal Law Useful
Book II by Not
RENE CALLAN
  useful
• Intentionally calculated to seduce others to rebellion

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• There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

 One who promotes, Search

maintains or heads a rebellion and who act at the same
Readtime
free incites
for 30 days
or influences others t
him in his war efforts against the duly constituted government cannot be held criminally liable for the crime of in
to rebellion because, as the principal to the crime of rebellion, the act of inciting to commit a rebellion is inhere
the graver crime of rebellion.
Proposal to Commit Rebellion (136) Inciting to Rebellion (138)
The person who proposes has decided to commit Not required that the offender has decided to comm
rebellion. rebellion.
The person who proposes the execution of the crime The inciting is done publicly.
uses secret means.

Article 139
SEDITION

• ELEMENTS:
a. That the offenders rise –

1. Publicly ( if no public uprising = tu mult and other disturbance of public order 
 )

2. Tumultuously ( vis-à-vis rebellion where there must be a taking of arms )

Related titles b. That they employ force, intimidation, or other means outside of legal methods


c. That the offenders employ any of those means to attain any of the following objects:

Rate
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1. to prevent the promulgation or execution of any law or the holding of any popular election

2. to prevent the national government, or any provincial or municipal government, or any p

thereof from freely exercising its or his functions, or prevent the execution of any administra
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2
3. to inflict any act or hate or revenge upon the person or property of any public officer or empl
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4. to commit for any political or social end, any act of hate or revenge against private person
any social class ( hence, even private persons may be offended parties )
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government
Procedure…
of all its property or any part thereof 
Reviewer (Art. 1… Book 2(1).pdf
to despoil, for any political or social end, any person, municipality or province, or the nat

• Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public p
or at least such measures that evidently engenders it.

• The crime of sedition is committed by rising publicly and tumultuously. The two elements must concur.

• The crime of sedition does not contemplate the taking up of arms against the government because the pu
of this crime is not the overthrow of the government. Notice from the purpose of the crime of sedition tha
offenders rise publicly and create commotion and disturbance by way of protest to express their dissen
obedience to the government or to the authorities concerned. This is like the so-called civil disobedience e
that the means employed, which is violence, is illegal.

• Difference from rebellion – object or purpose of the uprising.

  For sedition – sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms agains
government.
 
Sedition – purpose may be either political or social. In rebellion – always political

“Tumultuous” is a situation wherein the disturbance or confusion is caused by at least four persons. There
requirement that the offenders should be armed. 
• Preventing public officers from freely exercising their functions This document is...

•
 Useful
In sedition – offender may be a private or public person (Ex. Soldier)
 Not useful
• Public uprising and the object of sedition must concur
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 • Q: Are common crimes absorbed in sedition?

Search  Read free for 30 days
In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other.

•
Preventing election through legal means – NOT sedition

• But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition

• Persons liable for sedition:

24
Elements and Notes in Criminal Law Book II by RENE CALLAN

a. leader of the sedition, and

b. other persons participating in the sedition

Related titles


The objective of the law in criminalizing sedition is to put a limit to the freedom of expression or the right o
people to assemble and petition the government for redress of grievance.

Rate
Share • The demonstrations conducted or held by the citizenry to protest certain policies of the government is
crime. But when the protest in manifested in the form of rallies where the participants, in order to attain
objective of overcoming the will of the government, resort to force or violence, the mantle of prote
guaranteed under the Constitution to express their dissent peacefully, shall cease to exist, as in the mean
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Article 141.
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There is no proposal to commit sedition.
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The conspiracy must be to prevent the promulgation or execution of any law or the holding of any popular electi
may also be a conspiracy to prevent national and local public officials from freely exercising their duties and func
or to prevent the execution of an administrative order.

Article 142
INCITING TO SEDITION

• ELEMENTS:
a. That the offender does not take a direct part in the crime of sedition

b. That he incites others to the accomplishment of any of the acts which constitute sed
(134)

c. That the inciting is done by means of speeches, proclamations, writing, emblems, cart
banners, or other representations tending to the same end (   purpose: cause commotion not ex
against the government; actual disturbance not necessary 
 )
• Different acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of spee
proclamations, writings, emblems etc.

b. Uttering seditious words or speeches which tend to disturb This

thedocument
public peace or writing, 
is... publishin
circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly const

authorities thereof, which tend to disturb the public peaceUseful  Not useful
c. Knowingly concealing such evil practices

Wh i h bl
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• When punishable:
a. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or
 b.
Search  Read free for 30 days
when they tend to instigate others to cabal and meet together for unlawful purposes; or

c. when they suggest or incite rebellious conspiracies or riots; or

d. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace
community, the safety and order of the government

Only non-participant in sedition may be liable.

Inciting to sedition is an element of sedition. It cannot be treated as a separate offense against one who is a par
group that rose up publicly and tumultuously and fought the forces of government.

Considering that the objective of sedition is to express protest against the government and in the process creating
against public officers, any act that will generate hatred against the government or a public officer concerned
social class may amount to Inciting to sedition. Article 142 is, therefore, quite broad.

The mere meeting for the purpose of discussing hatred against the government is inciting to sedition. Lamb
government officials to discredit the government is Inciting to sedition. But if the objective of such prepar
actions is the overthrow of the government, the crime is i nciting to rebellion.

CRIMES AGAINST POPULAR REPRESENTATION

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
Article 143 
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES

• ELEMENTS: 
Rate
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subcommittees, constitutional commissions or committees or division thereof, or of any provi
board or city or municipal council or board 
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That the offender may be any persons prevents document
such meeting by force or fraud 

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25

Elements and Notes in Criminal Law Book II by RENE CALLAN

The crime is against popular representation because it is directed against officers whose primary function is to
and enact laws. When these legislative bodies are prevented from meeting and performing their duties, the syste
government is disturbed. The three branches of government must continue to exist and perform their duties.

• Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, whe
defect of the meeting is not manifest and requires an investigation before its existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS

•
ELEMENTS:
a. That there be a meeting of Congress or any of its committees, constitutional commissio
committees or divisions thereof, or of any provincial board or city or municipal council or board 

b. That the offender does any of the following acts


1. He disturbs any of such meetings
This document is...
Useful
2. He behaves while in the presence of any such
 proceedings or to impair the respect due it

bodies in such aNot

useful
manner as to interrup

The disturbance can be in the form of utterances, speeches or any form of expressing dissent which is not
peacefully but implemented in such a way that it substantially interrupts the meeting of the assembly or adv
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1/21/2021 Criminal Law Book 2 Titles REVIEWER | Arrest | Treason
peacefully but implemented in such a way that it substantially interrupts the meeting of the assembly or adv
affects the respect due to the assembly of its members.
 •
Search  Read free for 30 days
Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY

• Acts punishable:
a. By using force, intimidation, threats, or frauds to prevent any member of Congress from –

1. attending the meeting of the assembly or any of its committees, constitutional commissio
committees or divisions thereof, or from

2. expressing his opinions or 

3. casting his vote

b. By arresting or searching any member thereof while Congress is in a regular or special session, e
in case such member has committed a crime punishable under the code by a penalty higher than pr
mayor ( 6 years up )

Elements:
1. That the offender is a public officer or employee

Related titles


2. That he arrests or searches any member of Congress

3. That Congress, at the time of arrest or search, is in a regular or special session


Rate
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higher than prision mayor ( 1987 constitution: privilege from arrest while congress in session
offenses punishable by not more than 6 years imprisonment ).
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arrests document
a member comm
of Congress who has
a crime punishable by prision mayor (six years and one day, to 12 years) is not liable Article 145.

According to Reyes, to be consistent with the Constitution, the phrase "by a penalty higher than prision may
Article 145 should be amended to read: "by the penalty of prision mayor or higher."
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The offender
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is any person
Penal… and the offended party who is a member Reviewer
Procedure… of Congress, has
(Art. not committed
1… any crim
Book 2(1).pdf
justify the use of force, threat , intimidation or fraud to prevent him from attending the meeting of Congress.
Email

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES

• Two (2) Types of illegal assemblies:

a. Meeting of the first form

1. Meeting, gathering or group of persons whether in a fixed place or moving

2.  purpose : to commit any of crimes punishable under the code

3. meeting attended by armed persons

 


This document is...
26  Useful  Not useful
Elements and Notes in Criminal Law Book II by RENE CALLAN

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b. Meeting of the second form

 1. Search 
Meeting, gathering or group of persons whether Readplace
in a fixed freeor
formoving
30 days

2. Audience whether armed or not, is incited to the commission of the crime of treason, rebell
insurrection, sedition or direct assault.

•
Not all the persons present at the meeting of the first form of illegal assembly must be armed
• Persons liable for illegal assembly 
a. the organizers or leaders of the meeting

b. persons merely present at the meeting (except when presence is out of curiosity – not liable)

• Responsibility of persons merely present at the meeting

a. if they are not armed, penalty is arresto mayor 

 b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional

•
Presumptions if person present at the meeting carries an unlicensed firearm:
a. purpose of the meeting is to commit acts punishable under the RPC

Related titles b. considered as leader or organizer of the meeting


Those who incite the audience, by means of speeches, printed matters, and other representation, to commit tre
in authority, shall be deemed leaders or organizers o
rebellion or insurrection, sedition or assault a person
meeting.
Rate
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• The gravamen of the offense is mere assembly of or gathering of people for illegal purpose punishable b
Revised Penal Code. Without gathering, there is no illegal assembly. If unlawful purpose is a crime un
 Useful (98%) special law, there is no illegal assembly. For example, the gathering of drug pushers to facilitate drug traff
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
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is not illegal assembly because SearchPenal
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Code but of The Dangerous

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Two forms of illegal assembly 
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Criminal Law (1)Philippine

No attendance Criminal CONSTIin2 the
reviewer
meetingCriminal Lawto commitCriminal
treason,Law
 
of armed men, but persons are incited rebelli
Book1 Revisedinsurrection,
Penal… sedition
Procedure…
or assault upon a person in authority . Reviewer
When the (Art.
illegal1… Book
purpose 2(1).pdf
of the gathering
incite people to commit the crimes mentioned above, the presence of armed men is unnecessary. The
Copy Link Emailfor the purpose is sufficient to bring about the crime already.
gathering

(2)  Armed men attending the gathering – If the illegal purpose is other than those mentioned above
presence of armed men during the gathering brings about the crime of illegal assembly.

Example: Persons conspiring to rob a bank were arrested. Some were with firearms. Liable for i
assembly, not for conspiracy, but for gathering with armed men.

Distinction between illegal assembly and i llegal association

In illegal assembly , the basis of liability is the gathering for an illegal purpose which constitutes a crime unde
Revised Penal Code.

In illegal association, the basis is the formation of or organization of an association to engage in an unlawful pu
which is not limited to a violation of the Revised Penal Code. It includes a violation of a special law or those a
public morals. Meaning of public morals: inimical to public welfare; it has nothing to do with decency., not a
obscenity.

Article 147
ILLEGAL ASSOCIATIONS

•
ELEMENTS: 
This
a. Organized totally or partially for the purpose of committing anydocument is...
of the crimes in RPC
Or 
b. For some purpose contrary to public morals Useful 
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• Persons liable:
a. founders, directors and president of the association
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, p
b. mere members of the association

 Search
Illegal Assembly (146)  ReadIllegal
free for 30 days (147)
Association
Must be an actual meeting of armed persons to commit any No need for such
of the crimes punishable under the RPC, or of individuals
who, although not armed, are incited to the commission of
treason, rebellion, sedition or assault upon a person in
authority of his agent.
It is the meeting and the attendance at such that are Act of forming or organizing and membership in
punished association
Persons liable: leaders and those present Founders, directors, president and members

27
Elements and Notes in Criminal Law Book II by RENE CALLAN

Public morals  refers to crimes punished under Title Six of the Revised Penal Code, namely, gambling, grave sca
Related titles prostitution and vagrancy.


 AND DISOBEDIENCE
ASSAULT, RESISTANCE

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DIRECT ASSAULT
 
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• ELEMENTS OF THE 1 ST FORM2OF DIRECT document
a. That the offender employs force or intimidation.
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 b. That the aim of the offender is to attain any of the purposes of the crime of rebellion o
of the objects of the crimes of sedition. ( victim need not be person in authority 
 )
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That there is no public uprising.
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Example of the first form of direct assault:

Three men broke into a National Food Authority warehouse and lamented sufferings of the people. They cal
people to help themselves to all the rice. They did not even help themselves to a single grain.

The crime committed was direct assault. There was no robbery for there was no intent to gain. The crime is d
assault by committing acts of sedition under Article 139 (5), that is, spoiling of the property, for any politic
social end, of any person municipality or province or the national government of all or any its property, but the
no public uprising.

• ELEMENTS OF THE 2 ND FORM OF DIRECT ASSAULT:

a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidatio
(d) makes a serious resistance.

b. That the person assaulted is a person in authority or his agent.

c. That at the time of the assault the person in authority or his agent (a) is engaged in
actual performance of official duties ( motive is not essential ), or that he is assaulted (b) by reas
the past performance of official duties ( motive is essential ).

d. his age
That the offender knows that the one he is assaulting is a person in authority or
This document
the exercise of his duties ( with intention to offend, injure or assault ).
is...

e. That there is no public uprising.

 Useful  Not useful
Crime of direct assault can only be committed by means of dolo. It cannot be committed by culpa.
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•  Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resu
 Search 
, in which case, the consequence is absorbed
in a light felony  Read free for 30 days

The crime is not based on the material consequence of the unlawful act. The crime of direct assault punishe
spirit of lawlessness and the contempt or hatred for the authority or the rule of law.

To be specific, if a judge was killed while he was holding a session, the killing is not the direct assault, but mu
There could be direct assault if the offender killed the judge simply because the judge is so strict in the fulfil
of his duty. It is the spirit of hate which is the essence of direct assault.
 
So, where the spirit is present, it is always complexed with the material consequence of the unlawful act.
unlawful
crime wouldact be
wasdirect
murder or homicide
assault committed
with murder under as
or homicide, circumstance of be.
the case may lawlessness or contempt
In the example of judge
of the authority
wh
killed, the crime is direct assault with murder or homicide.

The only time when it is not complexed is when material consequence is a light felony, that is, slight physical in
Direct assault absorbs the lighter felony; the crime of direct assault can not be separated from the material res
the act. So, if an offender who is charged with direct assault and in another court for the slight physical Injury
is part of the ac t, acquittal or conviction in one is a bar to the prosecution in the other.

• Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a per
authority, the force employed must be of serious character

• The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands
Related titles


•

The intimidation
authority or resistance
(ex. Pointing a gun) must be serious whether the offended party is an agent only or a pers

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Force Employed
Need not be serious
Intimidation/Resistance
Serious
 Agent Must be of serious character Serious
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• Person in authority: any person directly vested with jurisdiction (power or authority to govern and execut
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28
Elements and Notes in Criminal Law Book II by RENE C

• A barangay captain is a person in authority, so is a Division Superintendent of schools, Pre

Division and a teacher

In applying the provisions of Articles 148 and 151, teachers, professors, and persons charged with
 public or duly recognized private schools, colleges and universities and lawyers in the actual per
duties or on the occasion of such performance, shall be deemed a person in authority.

• Agent: is one who, by direct provision of law or by election or by appointment by competent au

with the maintenance of public order and the protection and security of life and property
councilman and any person who comes to the aid of the person in authority, policeman, m
postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
• Even when the person in authority or the agent agrees to This
fight,document
still direct is...
assault. 

•  Useful first,innocent
When the person in authority or the agent provoked/attacked Not useful
party is entitled
and cannot be held liable for assault or resistance nor for physical injuries, because he acts
defense

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The offended party in assault must not be the aggressor. If there is unlawful aggression employed by
 Search which may be in the nature
any form of resistance
defense. (People vs. Hernandez, 59 Phil. 343)
 of force against him
Read free forwill be considered as a
30 days

• There can be no assault upon or disobedience to one authority by another when they both cont
in the exercise of their respective duties.

The offender and the offended party are both public officers. The Supreme Court said that a
committed, as in fact the offender is even subjected to a greater penalty (U.S. vs. Vallejo, 11 Phil.

• When assault is made by reason of the performance of his duty there is no need for actual p
official duty when attacked

In direct assault of the first form, the stature of the offended person is immaterial. The crime is
spirit of lawlessness.

In the second form, you have to distinguish a situation where a person in authority or his agent w
performing official functions, from a situation when he is not performing such functions.
• If attack was done during the exercise of official functions, the crime is always direct assault
the offender knew that the person in authority was performing an official function whatever
for the attack, although what may have happened was a purely private affair.

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
On the other hand, if the person in authority or the agent was killed when no longer performing
the crime may simply be the material consequence of he unlawful act: murder or homicide. Fo
direct assault, the attack must be by reason of his official function in the past. Motive become

respect. Example, if a judge was killed while resisting the taking of his watch, there is no direct as
Rate
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In the second form of direct assault, it is also important that the offended knew that the person h
  person in authority or an agent of a person in authority, performing his official functions.
 Useful (98%) lawlessness or contempt.
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For example, if two persons were quarreling and a policeman in civilian clothes comes and stops th
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there would be no direct assault unless the offender knew that he

Criminal Law Philippine

In this respect it isCriminal CONSTI should
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that theLaw Criminal
wasLaw

enough that the offender offended party exerci
Book1  authority. It is not necessary that the offender knows what is meant by person in authority o
Revised Penal… Procedure…
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• Circumstances qualifying the offense (Qualified Assault):
a. when the assault is committed with a weapon

b. when the offender is a public officer or employee

c. when the offender lays hand upon a person in authority

• Complex crime of direct assault with homicide or murder, or with serious physical injuries.

If the crime of direct assault is committed with the use of force and it resulted in the infliction
injuries, the latter shall not be considered as a separate offense. It shall be absorbed by the grea
assault. (People vs. Acierto, 57 Phil. 614)

• Direct assault cannot be committed during rebellion.

 May direct assault be committed upon a private individual?  Yes. When a private person com
person in authority, and he is likewise assaulted. Under Republic Act No. 1978, 
• a private person who comes to the aid of a person in authority is by fiction of law deemed
 

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 Useful  Not useful
29
El t dN t i C i i
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Elements and Notes in Criminal Law Book II by RENE C

 a.
Search  Read free for 30 days
That a person in authority or his agent is the victim of any of the forms
defined in ART. 148.

b. That a person comes to the aid of such authority or his agent.

c. That the offender makes use of force or intimidation upon such person com
the authority or his agent.

• Indirect assault can be committed only when a direct assault is also committed 

• To be indirect assault, the person who should be aided is the agent (not the person in aut
already direct assault, the person coming to the aid of the person in authority being consider
an attack on the latter is already direct assault). Example. Aiding a policeman under attack.

The victim in indirect assault should be a private person who comes in aid of an agent of a person
assault is upon a person who comes in aid of the agent of a person in authority. The victim canno
authority or his agent.

Take note that under Article 152, as amended, when any person comes in aid of a person in author
that moment is no longer a civilian – he is constituted as an agent of the person in authority. If suc
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one attacked, the crime would be direct assault


Article 150
Rate
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 Acts punishable:
•
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b. refusing to be sworn or placed under affirmation
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c. refusing to answer any legal inquiry to produce books, records etc.
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d. restraining
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from attending as witness in such Reviewer
body  (Art. 1… Book 2(1).pdf
e. inducing disobedience to a summons or refusal to be sworn

The act punished is refusal, without legal excuse, to obey summons issued by the House of Repr
Senate. If a Constitutional Commission is created, it shall enjoy the same privilege.

The exercise by the legislature of its contempt power is a matter of self-preservation, independ
branch. The contempt power of the legislature is inherent and sui generis.

The power to punish is not extended to the local executive bodies. The reason given is that local le
but a creation of law and therefore, for them to exercise the power of contempt, there must be
the same.

Article 151
RESISTANCE/DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)

• ELEMENTS:
a. That a person in authority or his agent is engaged in the performance of official duty
order to the offender.

b. That the offender resists or seriously disobeys such person in authority or his
agent.
This document is...
That the act of the offender is not included inUseful
c.

the provisions ofNot

useful
arts. 148, 149 and 15

SIMPLE DISOBEDIENCE (par. 2)

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( )


• ELEMENTS:
Search  Read free for 30 days
a. That an agent of a person in authority is engaged in the performance of of
lawful order to the offender.

b. That the offender disobeys such agent of a person in authority.

c. That such disobedience is not of a serious nature.

US vs. Ramayrat, 22 Phil. 183

The Supreme Court held that: “the
• violation does not refer to resistance or disobedience to the legal provisions of the law, nor t
defining or declaring the rights and obligations of the parties for the same give reliefs only i
actions. Rather, the disobedience or resistance is to the orders directly issued by the authori
of their official duties ”
 

30
Elements and Notes in Criminal Law Book II by RENE CALLAN
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
employing force, and seriously resisting a PIA or his agent.
agent.
Use of force against an agent of PIA must be serious Use of force against an agent of a PIA is not so serious
Rate
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it.

 In both resistance against an agent of a person in authority and direct assault by resisting an agent of a pers
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intention to defy the law and the officers enforcing it.

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The attack orTwitter LinkedIn
employment of force which gives rise to the crime of direct assault must be serious and delibe
otherwise, even a case of simple resistance to an arrest, which always requires the use of force of some kind, w
constitute direct assault and the lesser offense of resistance or disobedience in Article 151 would entirely disappe
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or degree force Book 2(1).pdf
will give rise to d

If no force is employed by the offender in resisting or disobeying a person in authority , the crime committ
resistance or serious disobedience under the first paragraph of Article 151.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

• Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a mem
some court or governmental corporation, board or commission.

• Examples of Persons in Authority :

a. Barangay captain
b. Barangay chairman
c. Municipal mayor
d. Provincial fiscal
e. Justice of the peace
f. Municipal councilor
g. Teachers
h. Professors
i. Persons charged with the supervision of public or duly recognized private schools, college
universities 
j. This document
Lawyers in the actual performance of their professional duties oris...
on the occasion of
performance
 Useful  Not useful
• Agent of Person in Authority – any person who, by direct provision of law or by election or by appointme
competent authority, is charged with the maintenance of public order and the protection and security of lif
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property.

 •
Search
Examples of agents of PIA :
 Read free for 30 days
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons in authority 

• Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sanggu
barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as  perso
authority  in their jurisdictions, while other barangay officials and members who may be designated by l
ordinance and charged with the maintenance of public order, protection and the security of life, property, o
maintenance of a desirable and balanced environment, and any barangay member who comes to the
persons in authority shall be deemed AGENT of persons in authority.

• When the offended party is a person in authority and while being assaulted, a private individual comes
rescue, such private individual, by operation of law, mutates mutandis becomes an agent of a person in auth
Any assault committed against such person is direct assault, and not indirect assault. But if the person assaul
an agent of a person in authority, and a private individual comes to his rescue and is himself assaulted
giving the assistance, as earlier discussed, the crime committed is indirect assault.

CRIMES AGAINST PUBLIC DISORDERS

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Article 153
TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER 

• TYPES: 
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 b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, i

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Making any outcry tending
 place
to incite rebellion or sedition in any meeting, association or p
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
31 This document is...
Elements and Notes in Criminal Law Book II by
 Useful RENE
 Not CALLAN
useful
d. Displaying placards or emblems which provoke a disturbance of public order in such place

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e. Burying with pomp the body of a person who has been legally executed.

 •
Search  Read free for 30 days
If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers
committed by public officers who are not participants therein, this article applies. Art 131 and 132 punishe
same acts if committed by public officers who are NOT participants in the meeting

• The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or sediti
nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciti
rebellion or sedition.

• This article should be distinguished from inciting to rebellion or sedition as discussed under Article 138 and 1
the former , the meeting is legal and peaceful. It becomes unlawful only because of the outcry made, which
to incite rebellion or sedition in the meeting. In the latter case, the meeting is unlawful from the beginnin
the utterances made are deliberately articulated to incite others to rise publicly and rebel again
government. What makes it inciting to rebellion or sedition is the act of inciting the audience to commit reb
or sedition.

• Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circums
qualifying the disturbance/interruption) – “tumultuous in character”
The essence is creating public disorder. This crime is brought about by creating serious disturbances in public p
public buildings, and even in private places where public functions or performances are being held.

For a crime to be under this article, it must not fall under Articles 131 (prohibition, interruption, and disso
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•


of peaceful meetings) and 132 (interruption of religious worship).

In the act of making outcry during speech tending to incite rebellion or sedition, the situation must be distinguish
from inciting to sedition or rebellion.

Rate
Share If the speaker, even before he delivered his speech, already had the criminal intent to incite the listeners to rise
sedition, the crime would be inciting to sedition. However, if the offender had no such criminal inten
but in the course of his speech, tempers went high and so the speaker started inciting the audience t
 Useful (98%) in sedition against the government, the crime is disturbance of the public order. 
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The disturbance of the pubic order is tumultuous and the penalty is increased if it is brought about by armed
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The term “armed” does not refer to firearms but includes even big stones capable of causing grave injury.
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• It is also disturbance of the public order if a convict legally put to death is buried with pomp. He should n
Criminal Law Philippine Criminal
it might incite othersCONSTI 2 reviewer Criminal Law Criminal Law
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
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The crimeEmail
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to hatred.
Reviewer (Art. 1… Book 2(1).pdf
of disturbance of public order may be committed in a public or private place. If committed in a pr
place, the law is violated only where the disturbance is made while a public function or performance is goin
Without a public gathering in a private place, the crime cannot be committed.

Article 154
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

• TYPES:
a. Publishing or causing to be published, by means of printing, lithography or any other mea
 publication as news any false news which may endanger the public order, or cause damage to
interest or credit of the State.

b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifyi

extolling any act punished by law, by the same means or by words, utterances or speeches

c. Maliciously publishing or causing to be published any official resolution or document wi

 proper authority, or before they have been published officially 

d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or lea
which do not bear the real printer’s name or which are classified as anonymous.

The purpose of the law is to punish the spreading of false information which tends to cause panic, confusion, di
and divide people in their loyalty to the duly constituted authorities. 
This document is...
Actual public disorder or actual damage to the credit of the State is not necessary.
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Republic Act No. 248 prohibits the reprinting, reproduction or republication of government publications and o
documents without previous authority
The article also punishes any person who knowingly publishes official acts or documents which are not offi
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The article also punishes any person who knowingly publishes official acts or documents which are not offi
promulgated.

 Search  Read free for 30 days

Article 155
ALARMS AND SCANDALS

• TYPES:
a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public p
calculated to cause alarm or danger 

32
Elements and Notes in Criminal Law Book II by RENE CALLAN

b. Instigating or taking active part in any charivari or other disorderly meeting offensive to an
or prejudicial to public tranquility 

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
c. Disturbing the public peace while wandering about at night or while engaged in any
nocturnal amusement

d. Causing any disturbance or scandal inpublic places while intoxicated or otherwise, provide
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Understand the nature of the crime of alarms and scandals as one that disturbs public tranquility or public peac

 Useful (98%) the annoyance is intended for a particular person, the crime is unjust vexation.
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• Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, ins
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When a person discharges a firearm in public , the act may constitute any of the possible crimes under the Re
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Alarms and scandals if the firearm when discharged was not directed to any particular person;

(2) Illegal discharge of firearm under Article 254 if the firearm is directed or pointed to a particular person
discharged but intent to kill is absent;

(3) Attempted homicide, murder, or parricide if the firearm when discharged is directed against a perso
intent to kill is present.

In this connection, understand that it is not necessary that the offended party be wounded or hit. Mere dischar
  firearm towards another with intent to kill already amounts to attempted homicide or attempted murd
attempted parricide. It can not be frustrated because the offended party is not mortally wounded.

In Araneta v. Court of Appeals , it was held that if a person is shot at and is wounded, the crime is automatically
attempted homicide. Intent to kill is inherent in the use of the deadly weapon.

(4) Grave Threats – If the weapon is not discharged but merely pointed to another

(5) Other Light Threats – If drawn in a quarrel but not in self defense

• What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Disturbances (153) Crime against Public Order 
Private persons, outsider
Alarms and Scandals (155) Crime against Public Order This document is...persons, outsider
Private

 Useful  Not useful

Article 156 
DELIVERING PRISONERS FROM JAILS

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• ELEMENTS :
a. That there is a person confined in a jail or penal establishment.
 Search  Read free for 30 days
 b. That the offender removes therefor such person, or helps the escape of such person ( if the esc
is serving final judgement, he is guilty of evasion of sentence ).

c. Offender is a private individual

• Prisoner may be detention prisoner or one sentenced by virtue of a final judgment

Even if the
prisoner, prisoner
that is in the
is, a formal hospitalororinformation
complaint asylum or any
has place for detention
been filed in court, of
andprisoner, as long
he has been as he iscategorized
officially classified
prisoner, this article applies, as such place is considered extension of the penal institution.

• A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here

Even if the prisoner returned to the jail after several hours, the one who removed him from jail is liable.

• It may be committed through negligence

• Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.

•  Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

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
correlate the crime of delivering person from jail with infidelity in the custody of prisoners punished under Ar
223, 224 and 225 of the Revised Penal Code. In both acts, the offender may be a public officer
 private citizen. 

Do not think that infidelity in the custody of prisoners can only be committed by a public officer and delivering pe
Rate
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well as private persons.

 Useful (98%)
In both crimes, the person involved may be a convict or a mere detention prisoner.
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33

Elements and Notes in Criminal Law Book II by RENE CALLAN

The only point of distinction between the two crimes lies on whether the offender is the custodian of the prison
not at the time the prisoner was made to escape.
• If the offender is the custodian at that time, the crime is infidelity in the custody of prisoners. But i
offender is not the custodian of the prisoner at that time, even though he is a public officer, the crim
committed is delivering prisoners from jail.

Liability of the prisoner or detainee who escaped  – When these crimes are committed, whether infidelity i
custody of prisoners or delivering prisoners from jail, the prisoner so escaping may also have cri
liability and this is so if the prisoner is a convict serving sentence by final judgment. The crime of ev
of service of sentence is committed by the prisoner who escapes if such prisoner is a convict se
sentence by final judgment.

If the prisoner who escapes is only a detention prisoner , he does not incur liability from escaping if he does not
of the plan to remove him from jail. But if such prisoner knows of the plot to remove him from jail and coope
therein by escaping, he himself becomes liable for delivering prisoners from jail as a principal by indispen
cooperation.

If three persons are involved – a stranger, the custodian and the prisoner – three crimes are committed : 
This document is...
(1) Infidelity in the custody of prisoners;
 Useful  Not useful
(2) Delivery of the prisone r from jail; an d

(3) Evasion of service of sentence.

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(3) Evasion of service of sentence.


It is possible that several crimes may be committed in one set of facts. For instance, assuming that Pedro, the
warden, agreed with Search  the gateRead
Juan to allow Maria to escape by not locking
free for 30 days
of the city jail. Provided that Juan com
across with P5,000.00 pesos as bribe money. The arrangement was not known to Maria but when she noticed the
unlocked gate of the city jail she took advantage of the situation and escaped. From the facts given, there is no
question that Pedro, as the jail warden, is liable for the crime of infidelity in the custody of the prisoner. He will
be able for the crime of bribery. Juan will be liable for the crime of delivering a prisoner from jail and for corrupti
of public official under Art. 212. If Maria is a sentenced prisoner, she will be liable for evasion of service of senten
under Article 157. if she is a detention prisoner, she commits no crime.

EVASION OF SENTENCE OR SERVICE

Evasion of service of sentence has three forms:

(1) By simply leaving or escaping from the penal establishment under Article 157;

(2) Failure to return within 48 hours after having left the penal establishment because of a cala
conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already p
under Article 158;

(3) Violating the condition of conditional pardon under Article 159.

Article 157
Related titles EVASION OF SERVICE OF SENTENCE


• ELEMENTS :
a. That the offender is a convict by final
judgment.

Rate
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 b.  )

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• nature of the crime, LinkedIn
it cannot be committed when the prisoner involved is merely a dete
prisoner. But it applies to persons convicted by final judgment with a penalty of destierro.
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when his case 
 A detention prisoner even if he escapes from confinement has no criminal liability . Thus, escaping from his priso
Penal… Procedure…
is still on appeal
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Reviewer
does not make said prisoner liable for Evasion (Art. 1…
of Service Book 2(1).pdf
of Sentence.

In leaving or escaping from jail or prison, that the prisoner immediately returned is immaterial. It is enough tha
left the penal establishment by escaping therefrom. His voluntary return may only be mitigating, bei
analogous to voluntary surrender. But the same will not absolve his criminal liability.

• A continuing offense.

• Offenders – not minor delinquents nor detention prisoners

• If escaped within the 15 day appeal period – no evasion

• No applicable to deportation as the sentence


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Elements and Notes in Criminal Law Book II by RENE CALLAN

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The crime of evasion of service of sentence may be committed even if the sentence is destierro, and this is comm
if the convict sentenced to destierro will enter the prohibited places or come within the prohibited ra
 Search to such places as stated in the 
of 25 kilometers judgment. Read free for 30 days

If the sentence violated is destierro, the penalty upon the convict is to be served by way of destierro also
imprisonment. This is so because the penalty for the evasion can not be more severe than the penalty evaded.

•
Circumstances qualifying the offense (done thru):
a. unlawful entry (by “scaling”)

b. breaking doors, windows, gates, walls, roofs or floors

c. using picklocks, false keys, disguise, deceit, violence or intimidation

d. connivance with other convicts or employees of the penal institution

A, a foreigner, was found guilty of violation of the law, and was ordered by the court to be deported. Later o
returned to the Philippines in violation of the sentence. Held: He is not guilty of Evasion of Service of Sente
the law is not applicable to offenses executed by deportation. (U.S. vs. Loo Hoe, 36 Phil. 867 ).

Article
EVASION 158
OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OT
CALAMITIES

Related titles • ELEMENTS :


a. That the offender is a convict by final judgement who is confined in a penal institution.

b. That there is disorder, resulting from-

1. conflagration,

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2. earthquake, or 
3. explosion, or 
4. similar catastrophe, or 
5. mutiny , not participated.
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c. That the offender2 evades the service of his sentence document
by leaving the penal institution where
confined, on the occasion of such disorder or during the mutiny.
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That the offender fails to give himself up to the authorities within 48 hours following the issu
of a proclamation by the chief executive announcing the passing away of such calamity.
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(Art. 1…failure
Bookto2(1).pdf
return with
hours after the passing of the calamity, conflagration or mutiny had been announced. Under Article
Email
those who return within 48 hours are given credit or deduction from the remaining period of
sentence equivalent to 1/5 of the original term of the sentence. But if the prisoner fails to return w
said 48 hours, an added penalty, also 1/5, shall be imposed but the 1/5 penalty is based on the rema
 period of the sentence, not on the original sentence. In no case shall that penalty exceed six months

• Offender must escape to be entitled to allowance

Those who did not leave the penal establishment are not entitled to the 1/5 credit. Only those who left and retu
within the 48-hour period.

• For such event to be considered as a calamity, the President must declared it to be so. He must is
proclamation to the effect that the calamity is over. Even if the events herein mentioned may be conside
calamity, there is a need for the Chief Executive to make such announcement. Absent such declaration. E
the prisoner will return to the penal institution where he was confined, the same is of no moment as i
meantime he has committed a violation of the law, not under the present article but for pure evasion of serv
sentence under Article 157.

•  Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt

The mutiny referred to in the second form of evasion of service of sentence does not include riot. The m
referred to here involves subordinate personnel rising against the supervisor within the
 leavi
establishment. One who escapes during a riot will be subject to Article 157 , that is, simply
escaping the penal establishment. This document is...
• Disarming the guards is not mutiny  Useful  Not useful
Violation attributed to the accused is no longer referred to the court for judicial inquiry or resolution. The law
provided sufficient guidelines for the jail warden to follow.
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provided sufficient guidelines for the jail warden to follow.

This disquisition will not apply if the offender who escapes taking advantage of the calamities enumerated her
 apprehended by the Search 
authorities after 48 hours from the declaration Read
that the free for
calamity 30 days
is over. It is only extended t
who returns but made inside the 48 hours delimited by the proclamation. At this stage, the violation is not substa
but administrative in nature.

Article 159
VIOLATION OF CONDITIONAL PARDON

• ELEMENTS:
a. That the offender was a convict.

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 Search  Read free for 30 days

59
Elements and Notes in Criminal Law Book II by RENE CALLAN

IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS

Acts punished

1. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement; or 

 2. Selling or distributing the same in connivance with the importer;

3. Possessing, knowingly and with intent to use them, lottery tickets or advertisements; or 

4. Selling or distributing the same without connivance with the importer of the same.

Note that possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distrib
use the same in the Philippines.

Article 197.
Related titles BETTING IN SPORT CONTESTS


This article has been repealed by Presidential Decree No. 483 (Betting, Game-fixing or Point-shaving
Machinations in Sport Contests): 
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PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
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PD 483
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• Acts Punishable:
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Betting: Betting money or any object or article of value of representative value upon the result o
game, races and other sports contests.
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Revised b.Penal…
Game-fixing: any arrangement, combination, scheme or agreement by which the result of any g
Procedure… Reviewer (Art. 1… Book 2(1).pdf
races, or sports contests shall be predicated and/or known other than on the basis of the honest playin
Email
or ability of the players or participants.

c. Point-shaving: any such arrangement combination, scheme or agreement by which the skill or abi
any player or participant in a fame, races, or sports contests to make points of scores shall be lim
deliberately in order to influence the result thereof in favor of one or other team, player or participant

d. Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, mann
practice employed for the purpose of influencing the result of any game, races or sports contest.
Article 198.
ILLEGAL BETTING ON HORSE RACE

Acts punished

Betting on horse races during periods not allowed by law;

Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom d
the periods not allowed by law.

When horse races not allowed:

July 4 (Republic Act No. 137);


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December 30 (Republic Act No. 229);
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Any registration or voting days (Republic Act No. 180, Revised Election Code); and
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Holy Thursday and Good Friday (Republic Act No. 946).
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 Article 199. Search

ILLEGAL COCKFIGHTING
 Read free for 30 days

This article has been modified or repealed by Presidential Decree No. 449 (The Cockfighting Law of 1974):

COCKFIGHTING LAW OF 1974

PD 449

I. Scope – This law shall govern the establishment, operation, maintenance and ownership of cockpits.

II. Rules:
A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manag
operated cockpits.

B. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less.

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
 60
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 Useful (98%) C. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zonin
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or ordinance. 2

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1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and d
local fiestas for not more than 3 days; or
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exposition for a similar period of 3 days upon
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(Art. 1…
2. During provincial, city or municipal, agricultural, commercial or industrial
province,
Book 2(1).pdf
city
fair, carniv
or municipality w
such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constab
or his authorized representative.

Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed withi
month of the local fiesta or for more than 2 occasions a year in the same city of municipality.

b) No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good F
Election Day and during registration days for such election/referendum.

3. If the purpose is for the entertainment of foreign dignitaries or for tourists, or for retu
balikbayans, or for the support of national fund-raising campaigns for charitable purposes a
be authorized by the Office of the President upon resolution of a provincial board, ci
municipal council, in licensed cockpits or in playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period not exceeding 3
within a year to a province, city or municipality.

E. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfig
during cockfights.

F.  of coc
City or municipal mayors are authorized to issue licenses for the operation and maintenance
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Presidential Decree No. 1602 (Simplifying and Providing Stiffer Useful 
Not useful
Penalties for Violations of Philippine Gam
Laws)

Section 1. Violations and Penalties -- The penalty of prision mayor in its medium degree or a fine ra
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Section 1. Violations and Penalties. The penalty of prision mayor in its medium degree or a fine ra
from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional

 medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:
Search  Read free for 30 days
(a) Any person other than those referred to in the succeeding subsection who in any manner,

directlyand
fixing) or indirectly take part
other lotteries, in yany
cara game
cruz of cockfighting,
or pompiang and thejueteng, bookies
like, black (jai-
jack, alai nine,
lucky or horse racingortoRussian
“pusoy” includeP
monte, baccarat and other card games, palk que, domino, mahjong, high and low, slot machines, roulette, pinba
other mechanical inventories or devices, dog racing, boat racing, car raising and other races, basketball, volle
boxing, seven-eleven dice games and the like and other contests to include game fixing, point shaving and
machinations banking or percentage game, or any other game or scheme, whether upon chance or skill, which d
have a franchise from the national government, wherein wagers consisting of money, articles of value of represent
of value are made;

(b) Any person who shall knowingly permit any form of gambling referred to in the prec
subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means of transport
owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place o
prohibited gambling is frequently carried on therein or the place is a public or government building or barangay
the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos.

The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be im
upon the maintainer, conductor of the above gambling schemes.

The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine
Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government official, or if a pl
promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving and other game machination.
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
The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos t
Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour o
 or other matter containing letter, figures, signs or sy
day shall have in his possession any lottery list, paper,
which pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies and similar ga
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Section 2. Barangay Official. – Any barangay official in whose jurisdiction such gambling hou
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medium period and a fine ranging2fromof 115
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and which house has the reputation of a gambling place shall suffer thedocument
penalty of prision correccional
Five Hundred to Two ThousandPesos
Search
and temporary absolute disqualificati

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While the acts under the Revised Penal Code are still punished under the new law, yet the concept of gambling
it has been changed by the new gambling law.
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Before, thePenal…
Revised 
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Code considered the skill of the player in classifying
under the new gambling law, the skill of the players is immaterial.
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Reviewer whether a gameBook
(Art. 1… is gambling or not
2(1).pdf

Any game is considered gambling where there are bets or wagers placed with the hope to win a prize therefrom.

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61
 Search
Elements and Notes in 
Criminal Read free for 30 days
Law Book II by RENE C

Under this law, even sports contents like boxing, would be gambling insofar as those who are
concerned. Under the old penal code, if the skill of the player outweighs the chance or
winning the game, the game is not considered gambling but a sport. It was because of this th
and basketball games proliferated.

“Unless authorized by a franchise, any form of gambling is illegal.” So said the court in the rece
case against the operation of jai-alai.
There are so-called parlor games which have been exempted from the operation of the decree like w
played during a wake to keep the mourners awake at night. Pursuant to a memorandum circ
Executive Branch, the offshoot of the exemption is the intentional prolonging of the wake of the
lords.

As a general rule, betting or wagering determines whether a game is gambling or not. Exceptions
which are expressly prohibited even without bets. Monte, jueteng or any form of lottery; dog ra
these are habit-forming and addictive to players, bringing about the pernicious effects to the family
of the players.

Related titles Mere possession of lottery tickets or lottery lists is a crime punished also as part of gambling. Howe


to make a distinction whether a ticket or list refers to a past date or to a future date.

Illustration: 
Rate
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cannot be convicted of gambling or illegal possession of lottery list without proving that such game
 Useful (98%) on the date stated. Mere possession is not enough. If the date refers to the future, X can be con
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liability and there is no
game was played on the date stated. If the possessor was caught, chances are he will not go on wit
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There are two criteria as to when the lottery is in fact becomes a gambling game:
Criminal Law Philippine Criminal
is made to pay notCONSTI 2 reviewer Criminal Law Criminal Lawfor t
Book1 
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1.

If the public
Revised Penal… Procedure…
only for the merchandise that
Reviewer
he is buying,
(Art. 1… Book
but also
2(1).pdf
prize out of the lottery, lottery becomes a gambling game. Public is made to pay a higher
Email
2. If the merchandise is not saleable because of its inferior quality, so that the public ac
them, but with the lottery the public starts patronizing such merchandise. In effect, the
the lottery and not for the merchandise, and therefore the lottery is a gambling game. Pu
pay a higher price.

Illustrations:

(1) A certain supermarket wanted to increase its sales and sponsored a lottery where valuable
at stake. To defray the cost of the prices offered in the lottery, the management incre
the merchandise by 10 cents each. Whenever someone buys from that supermarket, he
for each merchandise and for his purchase, he gets a coupon which is to be dropped at des
to be raffled on a certain period.

The increase of the price is to answer for the cost of the valuable prices that will be cov
increase in the price is the consideration for the chance to win in the lottery and that m
gambling game.
But if the increase in prices of the articles or commodities was not general, but only on ce
increase in prices is not the same, the fact that a lottery is sponsored does not appear to b
increase in prices, therefore not illegal.

This document is...
Also, in case of manufacturers, you have to determine whether the increase in the pr
 UsefulIf the increase
lottery or brought about by the normal price increase.  Notinuseful
price is brought a
price increase [economic factor] that even without the lottery the price would be lik
consideration in favor of the lottery and the lottery would not amount to a gambling game

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If the increase in the price is due particularly to the lottery, then the lottery is a gambl
 sponsors thereof may be prosecuted for illegal
Search  gambling under
Read freePresidential
for 30 days Decree No. 160

(2) The merchandise

Company, is not cigarettes
manufacture really saleable
which because of its inferior
is not saleable becausequality. A certain
the same m
is irritat
sponsored a lottery and a coupon is inserted in every pack of cigarette so that one who b
chance to participate. Due to the coupons, the public started buying the cigarette. Alt
price increase in the cigarettes, the lottery can be considered a gambling game becaus
really after the coupons not the low quality cigarettes.

If without the lottery or raffle, the public does not patronize the product and starts to p
after the lottery or raffle, in effect the public is paying for the price not the product.

Under this decree, a barangay captain who is responsible for the existence of gambling dens in the
be held liable and disqualified from office if he fails to prosecute these gamblers. But this is not be

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
Elements and Notes in Criminal Law Book II by RENE C

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Article 200
 Useful (98%) GRAVE SCANDAL
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ELEMENTS:
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a. Offender performsLinkedIn
an act

Criminal Law Philippine b. Act isCriminal

highly scandalous as offending
CONSTI againstCriminal
2 reviewer decencyLaw
or good customs
Criminal Law
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Procedure… Reviewer (Art. 1… Book
c. Highly scandalous conduct does not expressly fall within any other 2(1).pdf
article of the

d. Committed in a public place or within the public knowledge or view. ( T he p

required, it is sufficient if in public place. For public knowledge, it may occur even
the number of people who sees it is not material ).

• Grave scandal: consists of acts which are offensive to decency and good customs. They are c
and thus, give rise to public scandal to persons who have accidentally witnessed the acts

The crime of grave scandal is a crime against public morals. Necessarily, the offender must com
public place or within the view of the public.

In grave scandal, the scandal involved refers to moral scandal offensive to decency, although
public peace. But such conduct or act must be open to the public view.

In alarms and scandals, the scandal involved refers to disturbances of the public tranquility and n
to decency.

•
Decency: means properly observing the requirements of modesty, good taste etc

• This document
Customs: refers to established usage, social conventions carried on is...
by tradition and e
disapproval in case of violation
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• If the acts complained of are punishable under another provision of the RPC, Art 200 is not appl

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Any act which is notoriously offensive to decency may bring about criminal liability for the crim
provided such act does not constitute some other crime under the Revised Penal Code. Grave sca
 last resort. Search  Read free for 30 days

• The essence of grave scandal is publicity and that the acts committed are not only contrary
customs but must likewise be of such character as to cause public scandal to those witnessing i

Distinction should be made as to the place where the offensive act was committed, whether in the p
private place:

(1) In  public place, the criminal liability arises irrespective of whether the immoral act is
view. In short public view is not required.

(2) When act offensive to decency is done in a private place , public view or public knowledge

Public view does not require numerous persons. Even if there was only one person who witnessed t
as long as the third person was not an intruder, grave scandal is committed provided the act does
other crime in the Revised Penal Code.

Illustrations:

(1) A man and a woman enters a movie house which is a public place and then goes to the
balcony and while there the man started performing acts of lasciviousness on the woman.
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
If it is against the will of the woman, the crime would be acts of lasciviousness. But if
this constitutes grave scandal. Public view is not necessary so long as it is performed in a

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grass their conjugal bed.

 Useful (98%) This is grave scandal.

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(3) In a certain apartment, a lady tenant had the habit of undressing in her room without
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She does this every night at about eight in the evening. So that at this hour of the nigh
people outside gathered in front of her window looking at her silhouette. She was charge
Criminal Law Philippine Her defense Criminal CONSTIit in2 her
reviewer Criminal Law Criminal Law
 
was that she was doing own house.
Book1 Revised Penal…
It is no defense that she is doing it in her private home. It is still open toBook
Procedure… Reviewer (Art. 1… 2(1).pdfview
the public
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(4) In a particular building in Makati which stands right next to the house of a young lady who
 

Elements and Notes in Criminal63Law Book II by RENE C

Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:

• Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public mo

b. Authors of obscene literature, published with their knowledge in any form

c. Editors publishing such obscene literature


d. This
Owners or operators of establishments selling document
obscene is...
literature

e. plays,
Those who exhibit indecent or immoral Useful  Not
scenes, acts useful
or shows ion theaters
any other place

f Those who sell distribute or exhibit prints engraving sculptures or lite

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  f. Those who sell, distribute, or exhibit prints, engraving, sculptures or lite
offensive to morals
 Search  Read free for 30 days
• Morals: implies conformity to generally accepted standards of goodness or rightness in conduct

• Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of tho
immoral influences. A matter can also be considered obscene if it shocks the ordinary and com
as indecency.

The test is objective. It is more on the effect upon the viewer and not alone on the conduct of the

If the material has the tendency to deprave and corrupt the mind of the viewer then the same is
such obscenity is made publicly, criminal liability arises.

The law is not concerned with the moral of one person . As long as the pornographic matter or
privately, there is no crime committed under the Revised Penal Code because what is protected is
public in general.

In committing this crime, there must be publicity . It means the act or acts done must come to the k
persons.

• However,  Art 201 enumerates what are considered as obscene literature or immoral o
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
scenes or acts:
a. those w/c glorify criminals or condone crimes

b. those w/c serve no other purpose but to satisfy the market for violence, lust or pornograp
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c. those w/c offend against any race or religion

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Mere nudity in paintings is not obscene
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• Publicity is an essential element

Sexual indulgence is not in itself immoral if done within the bounds of privacy and performed norm
the parties carry their private rights and privileges to public view, they expose themselves to public

Article 202 
VAGRANTS AND PROSTITUTES:

• Who are considered vagrants:

a. Those who
neglect have themselves
to apply no apparenttomeans of subsistence
some useful calling and who have the physical a

b. Persons found loitering around public and semi-public places without visible mea

c. Persons tramping or wandering around the country or the streets with no visible

d. Idle or dissolute persons lodging in houses of This document is...
ill-fame

h h bitll
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ith
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tit t ( i l
 

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 Search 
64 Read free for 30 days
Elements and Notes in Criminal Law Book II by RENE CALLAN

If fenced and entered to hunt/fish Attempted theft

If not fenced and with no prohibition of entry  Vagrancy

• Who are considered prostitutes - refer to women who habitually indulge in sexual intercourse or lasc
conduct for money or profit (if a man indulges in the same conduct: vagrancy)

In law the mere indulging in lascivious conduct habitually because of money or gain would amount to prostitution,
if there is no sexual intercourse. Virginity is not a defense. Habituality is the controlling factor ; it has to be
than one time.

There cannot be prostitution by conspiracy . One who conspires with a woman in the prostitution business like p
taxi drivers or solicitors of clients are guilty of the crime under Article 341 for white slavery.
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS

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
Crimes committed by public officers

1. Knowingly rendering unjust judgment (Art. 204);


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3. Un just in te rloc ut ory order (Art. 206);

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4. Malicious delay in the administration
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Not useful (2%) Prosecution of offenses; negligence and tolerance (Art. 208);
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6. Betrayal of trust by an attorney or solicitor – Revelation of secrets (Art. 209);
Criminal Law 7. Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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Direct bribery (Art.
Revised Penal…
Indirect
Emailbribery
210);
Procedure…
(Art. 211);
Reviewer (Art. 1… Book 2(1).pdf

9. Qualified bribery (Art. 211-A);

10. Corruption of public officials (Art. 212);

11. Frauds against the public treasury and similar offenses (Art. 213);

12. Other frauds (Art. 214);

13. Prohibited transactions (Art. 215);

14. Possession of prohibited interest by a public officer (Art. 216);

15. Malversation of public funds or property – Presumption of malversation (Art. 217)

16. Failure of accountable officer to render accounts (Art. 218);

17. Failure of a responsible public officer to render accounts before leaving the country (Art. 219);

18. Illegal use of public funds or property (Art. 220);

19. Failure to make delivery of public funds or property (Art. 221);


20. Conniving with or consenting to evasion (Art. 223); This document is...
21. Evasion through negligence (Art. 224);  Useful  Not useful
22. Escape of prisoner under the custody of a person not a public officer (Art. 225);

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23. Removal, concealment or destruction of documents (Art. 226);

 24. Searchseal (Art . 227);

Officer breaking  Read free for 30 days

25. Opening of closed documents (Art. 228);

26. Revelation of secrets by an officer (Art. 229);

27. Public officer revealing secrets of private individual (Art. 230);

28. Open disobe die nce (Art. 231);

29. Disobedience to order of superior officer when said order was suspended by inferior officer (Art. 232);
30. Refu sal of assistan ce (Art. 233);

31. Refusal to discharge elective office (Art. 234);

32. Maltreatment of prisoners (Art. 235);

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
65
Elements and Notes in 
Criminal Law Book II by RENE C
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 Useful (98%) 33. Anticipation of duties of a public office (Art. 236);

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Prolonging performance of duties and powers (Art. 237);
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

35. Abandonment of office or position (Art. 238);

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36.

37.
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Usurpation
Procedure…
(Art. 239);

of executive functions (Art. 240);

Reviewer (Art. 1… Book 2(1).pdf

38. Usurpation of judicial functions (Art. 241);

39. Disobeying request for disqualification (Art. 242);

40. Orders or requests by executive officers to any judicial authority (Art. 243);
41. Unlawful appointments (Art. 244); and

42. Ab uses against ch ast it y (Art. 245).

The designation of the title is misleading. Crimes under this title can be committed by public offic
officer, when the latter become a conspirator with a public officer, or an accomplice, or accessory
public officer has to be the principal.

In some cases, it can even be committed by a private citizen alone such as in Article 275 (infidelity
prisoner where the offender is not a public officer) or in Article 222 (malversation).


Article 203 This document is...
• WHO ARE PUBLIC OFFICERS:
functions
a. Takes part in the performance of public Useful in theGovernment,
Not useful or 

b. Performs public duties as an employee, agent or subordinate official in the g

branches
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branches

 • Notes:
a.
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Public officer must derive his authority from:
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1. direct provision of law
2. popular election
3.appointment by competent authority

In defining the term “public officers”, the law makes the reference to the manner by which he is a
office. He thus becomes a public officer because of his appointment by competent authority or be
to public office.

 b. Public officers: embraces every public servant from the lowest to the highest rank

Under Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act), the term public officer is
comprehensive because it includes all persons whether an official or an employee, temporary or no
contractual or otherwise. Any person who receives compensation for services rendered is a public o

c. A government laborer is not a public officer. However, temporary performance by

functions makes him a public officer

Crimes committed by public officers are nothing but corruption in public service.

Related titles Breach of oath of office partakes of three forms:


d. Misfeasance: means improper performance
 of an act which might be properly be perf

Rate
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 Useful (98%) f.
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2 means
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omission of an act which ought to be done
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Doing of an act which a public officer should not have done

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Improper doing of an act which a person might lawfully do
Procedure… Reviewer (Art. 1… Book 2(1).pdf

Nonfeasance Failure of an agent to perform his undertaking for the principal

66
Elements and Notes in Criminal Law Book II by RENE C

c. Judgment is unjust

d. Knowledge that the decision is unjust

• Notes:
a. jurisd
Judgment: is a final consideration and determination by a court of competent
submitted to it in an action or proceeding This document is...
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The law requires that the judgment must be written in the official language, personally and direct
judge, and signed by him. It must contain a clear and distinct statement of facts proved or admitte
and upon which the judgment is based.
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  b. Search
Unjust judgment: one which is contrary
 to law, or not free
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for 30 days
c. An unjust judgment may result from:
1. error (with bad faith)
2. ill-will or revenge
3. bribery

d. There must be evidence that the decision rendered is unjust. It is not presumed

To be liable for the above crime, not only must the judgment be proved to be unjust .it must likewis
have been knowingly rendered. There must be a conscious and deliberate intent to do an injustice.
when the judge entertains hatred, envy, revenge, or greed against one of the parties.

e. Abuse of discretion or mere error of judgment cannot likewise serve as basis for r
judgment in the absence of proof or even an allegation of bad faith (motive or improp

Article 205
JUDGMENT RENDERED THROUGH NEGLIGENCE

• ELEMENTS:
a. Offender is a judge
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
b. Renders a judgment in a case submitted to him for decision

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d. Due to inexcusable negligence or ignorance

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•  Manifestly unjust judgment: one that is so contrary to Search
that document meage
law cannot doubt the injustice
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The unjust judgment is merely the result of inexcusable negligence or ignorance of the law. The i
Criminal Law to substantive or procedural
Philippine Criminal law. There CONSTI
must be2 an apparentCriminal
reviewer and notorious
Law manifestation of lac
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Procedure… Reviewer (Art. 1… Book 2(1).pdf

Article 206
UNJUST INTERLOCUTORY ORDER 

• ELEMENTS:
a. That the offender is a judge.

b. That he performs any of the following acts:

1. knowingly renders unjust interlocutory order or decree, or 

2. renders a manifestly unjust interlocutory order or decree thr

negligence or ignorance.

• Interlocutory order: one issued by the court deciding a collateral or incidental matter
determination of the issues of the action or proceeding

The crime of knowingly rendering an unjust judgment, or knowingly issuing an unjust interlocut
committed only by a judge of a trial court and never of an appellate court . The reason for this
court, not only one magistrate renders or issues the interlocutory order. An appellate court functio
the resolutions thereof are handed down only after deliberations among the members of a division s

This document
said that there is malice or inexcusable negligence or ignorance is... of a judgme
in the rendering
supposedly unjust as held by the Supreme Court in one administrative case.
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Article 207

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 Search  Read free for 30 days

67
Elements and Notes in Criminal Law Book II by RENE C

c. That he delays the administration of justice.

d. That the delay is malicious, that is, the delay is caused by the judge with de
inflict damage on either party in the case.

Mere delay without malice is not punishable

Malice must be proven. Malice is present where the delay is sought to favor one party to the prejud

These have been interpreted by the Supreme Court to refer only to judges of the trial court.

The Constitution provides that cases submitted for decision before the Supreme Court must be r
years. Before the Court of Appeals, such cases must be resolved within 1 year; and before the Regio
Metropolitan Trial Court, such cases must be decided within a period of three months or ninety days.
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
Article 208
TOLERANCE
PROSECUTION OF OFFENSES; NEGLIGENCE AND

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 Useful (98%) 1. Maliciously refraining from instituting prosecution against violators of the law;
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Maliciously tolerating the commission of offenses.
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• ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
a. That the offender is a public officer or officer of the law who has a duty to cau
Criminal Law Philippine of, orCriminal CONSTI 2 reviewer Criminal Law Criminal Law
 
to prosecute offenses.
Book1 Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
Copy Link  b.
EmailThat there is dereliction of the duties of his office, that is, knowing the commis
he does not cause (a) the prosecution of the criminal ( People vs. Rosales, G.R.
knowing that a crime is about to be committed he tolerates its commission ( if
consideration for his conduct: direct bribery 
 )

c. That the offender acts with malice and deliberate intent to favor the violator of

• PREVARICACION: negligence and tolerance in the prosecution of an offense

A public officer engaged in the prosecution of offenders shall maliciously tolerate the commission o
from prosecuting offenders or violators of the law.

This crime can only be committed by a public officer whose official duty is to prosecute offend
 prosecutors. Hence, those officers who are not duty bound to perform these obligations cannot co
the strict sense.

• There must be a duty on the part of the public officer to prosecute or move for the prosecutio
Note however, that a fiscal is under no compulsion to file an information based upon a com
convinced that the evidence before him does not warrant filing an action in court

This document
When a  policeman tolerates the commission of a crime or otherwise refrains is...
from apprehending
peace officer cannot be prosecuted for this crime but they can be prosecuted as:
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(1) An accessory to the crime committed by the principal in accordance with Article 19, parag

(2) H b f if th i itt d i bb th ft i hi h h
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(2) He may become a fence if the crime committed is robbery or theft, in which case he
Fencing Law; or
 Search  Read free for 30 days
(3) He may be held liable for violating the Anti-Graft and Corrupt Practices Act.

Illustration:

The offender was caught for white slavery. The policeman allowed the offender to go free for s
The policeman does not violate Article 208 but he becomes an accessory to the crime of white slave

But in the crime of theft or robbery, where the policeman shared in the loot and allowed the offen
becomes a fence. Therefore, he is considered an offender under the Anti-Fencing Law.

However, in distant provinces or municipalities where there are no municipal attorneys, the local ch
prosecuting officer. If he is the one who tolerates the violations of laws or otherwise allows offen
can be prosecuted under this article.

This is also true in the case of a barangay chairman. They are supposed to prosecute violators o
jurisdiction. If they do not do so, they can be prosecuted for this crime.

• The crime must be proved first before an officer can be convicted of dereliction of duty
 

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

68
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Relative to this crime under
2 Article 208, consider the crime Search bribery . Among the
document
qualified
Republic Act No. 7659 on the Revised Penal Code is a new provision which reads as follows:
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  Article. 211-A. Qualified Bribery    – If any public officer is entrusted w
enforcement and he refrains from arresting or prosecuting an offender who has com
Criminal Law Philippine crime punishable
Criminalby Reclusion Perpetua
CONSTI 2 and/or
reviewerdeath
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
in consideration any offer,
Book1  Revised Penal…
or present,Procedure… Reviewer
he shall suffer the penalty for the offense (Art.not
which was 1…prosecuted.
Book 2(1).pdf
Copy Link Email
If it is the public officer who asks or demands such gift or present, he shall su
 penalty of death.

Actually the crime is a kind of direct bribery where the bribe, offer, promise, gift or present has a c
part of the public officer, that is refraining from arresting or prosecuting the offender in considera
promise, gift or present. In a way, this new provision modifies Article 210 of the Revised Pen
bribery.

However, the crime of qualified bribery may be committed only by public officers “entrusted w
whose official duties authorize then to arrest or prosecute offenders. Apparently, they are peace
 prosecutors since the nonfeasance refers to “arresting or prosecuting.” But this crime arises only
whom such public officer refrains from arresting or prosecuting, has committed a crime punish
 perpetua and/or death. If the crime were punishable by a lower penalty, then such nonfeasance b
would amount to direct bribery, not qualified bribery.

If the crime was qualified bribery, the dereliction of the duty punished under Article 208 of the R
should be absorbed because said article punishes the public officer who “maliciously refrain
 prosecution for the punishment of violators of the law or shall tolerate the commission of offenses
of duty referred to is necessarily included in the crime of qualified bribery.

This document is...
On the other hand, if the crime was direct bribery under Article 210 of the Revised Penal Code,
 Useful
, which is a
involved should be prosecuted also for the dereliction of duty  Notunder
crime usefulArticle 208 of
Code, because the latter is not absorbed by the crime of direct bribery. This is because in direct
public officer agreed to perform an act constituting a crime in connection with the performance of
Article 210 expressly provides that the liabilty thereunder shall be “in addition to the penalty co
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crime agreed upon, if the crime shall have been committed.

 Illustration: Search  Read free for 30 days

A fiscal, for a sum of money, refrains from prosecuting a person charged before him. If the pen
involved is reclusion perpetua, the fiscal commits qualified bribery. If the crime is punishable by a
reclusion perpetua, the crime is direct bribery.

In the latter situation, three crimes are committed: direct bribery and dereliction of duty on the

and corruption of a public officer b y the giver.

Article 209
BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR 
(NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT)

• ACTS PUNISHED:
a.  prejudice is essential ) either 
Causing damage to client ( 
1. by any malicious breach of professional duty, or 

2. by inexcusable negligence or ignorance.

Related titles  b. Revealing any of the secrets of his client learned by him in his professional cap


necessary 
 )

c. Undertaking the defense of the opposing party of the 1st client and/or having rec
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Under the rules on evidence, communications made with prospective clients to a lawyer with a v
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professional services are already privileged even though the client-lawyer relationship did not eve
because the client cannot afford the fee being asked by the lawyer. The lawyer and his secretary
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communication with a prospective client is considered privileged, implies that the sa
Therefore, if the lawyer would reveal the same or otherwise accept a case from the adverse party
be violating Article 209. Mere malicious breach without damage is not violative of Article 209; at mo
administratively as a lawyer, e.g., suspension or disbarment under the Code of Professional Responsi

Illustration:
 

69
Elements and Notes in Criminal Law Book II by RENE CALLAN

A did not commit the crime under Article 209, although the lawyer’s act may be considered unethical. The c
lawyer relationship between A and B was not yet established. Therefore, there is no trust to violate because B h
yet actually engaged the services of the lawyer A. A is not bound to B. However, if A would reveal the confid
matter learned by him from B, then Article 209 is violated because it is enough that such confidential matters
communicated to him in his professional capacity, or it was made to him with a view to engaging his profess
services.

Here, matters that are considered confidential must have been said to the lawyer with the view of engagi
This
services. Otherwise, the communication shall not be considered privileged document
and is...
no trust is violated.

Illustration:  Useful  Not useful

 A went to B, a lawyer/notary public, to have a document notarized. A narrated to B the detail of the criminal
If B will disclose what was narrated to him there is no betrayal of trust since B is acting as a notary public and no
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counsel. The lawyer must have learned the confidential matter in his professional capacity.

 Several acts whichSearch

would make a lawyer criminally liable: Read free for 30 days
(1) Maliciously causing damage to his client through a breach of his professional duty. The brea
professional duty must be malicious. If it is just incidental, it would not give rise to criminal lia
although it may be the subject of administrative discipline;

(2) Through gross ignorance, causing damage to the client;

(3) Inexcusable negligence;

(4) Revelation of secrets learned in his professional capacity;

(5) Undertaking the defense of the opposite party in a case without the consent of the first client whose de
has already been undertaken.

Note that only numbers 1, 2 and 3 must approximate malice.

A lawyer who had already undertaken the case of a client cannot later on shift to the opposing party. This cann
done.

Under the circumstances, it is necessary that the confidential matters or information was confided to the lawy
the latter’s professional capacity.

It is not the duty of the lawyer to give advice on the commission of a future crime. It is, therefore, not privileg
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
character . The lawyer is not bound by the mandate of privilege communication if he reports such commission
future crime. It is only confidential information relating to crimes already committed that are covered by the cr
betrayal of trust if the lawyer should undertake the case of opposing party or otherwise divulge confid
information of a client. 
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 privilege but also the office staff l ike the secretary.
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the case or it may arise out of the confidential relation between the lawyer and the client.

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Tardiness Criminal
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case was dismissed Law Criminal Law
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Email– Lawyer must appear on time. But the client must have suffered damage due to the brea
Professional duties
professional duty. Otherwise, the lawyer cannot be held liable.

If the prosecutor was tardy and the case was dismissed as non-prosecuted, but he filed a motion for reconside
which was granted, and the case was continued, the lawyer is not liable, because the client did not suffer damage

If lawyer was neglectful in filing an answer, and his client declared in default, and there was an adverse judgmen
client suffered damages. The lawyer is liable.

Breach of confidential relation

Revealing information obtained or taking advantage thereof by accepting the engagement with the adverse p
There is no need to prove that the client suffered damages. The mere breach of confidential relation is punishab

In a conjugal case, if the lawyer disclosed the confidential information to other people, he would be criminally
even though the client did not suffer any damage.

The client who was suing his wife disclosed that he also committed acts of unfaithfulness. The lawyer talked
this to a friend. He is, thus, liable.

Article 210
DIRECT BRIBERY

• ELEMENTS: This document is...
a. That the offender be a public officer within the scope
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 Search  Read free for 30 days

70
Elements and Notes in Criminal Law Book II by RENE CALLAN

b. That the offender accepts an offer or promise or receives a gift or present by himself or thr
another 

c. That such offer or promise be accepted or gift/present received by the public officer (
agreement consummates the crime )

1. with a view to committing some crime ( delivery of consideration is not necessary 

 )

2. in consideration of an execution of an act which does not constitute a crime, bu

act must be unjust ( delivery of consideration is necessary 
 ), or 

3. to refrain from doing something which is his official duty to do

d. That the act which the offender agrees to perform or which he executes be connected wit
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
 performance of his official duties

Bribery refers to the act of the receiver and the act of the giver is corruption of public official.

Rate
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 public officer .

 Useful (98%)

Download 2 thisofcrime

115 only in the case in which
custody 
• A private person may commit Searchofdocument
prisoners is entrusted to him

 Facebook
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• also to assessors, arbitrators, appraisal and
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performing public duties LinkedIn
claim commissioners, experts or any other p

Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law

• Cannot be frustrated, only attempted or consummated.
Book1  Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
Direct bribery may be committed only in the attempted and consummated stages because, in frustrated felony
Copy Link offender mustEmail
have performed all the acts of execution which would produce the felony as a consequence. In d
bribery, it is possible only if the corruptor concurs with the offender. Once there is concurrence, the direct brib
already consummated . In short, the offender could not have performed all the acts of execution to produc
 felony without consummating the same.

Actually, you cannot have a giver unless there is one who is willing to receive and there cannot be a receiver u
there is one willing to give. So this crime requires two to commit. It cannot be said, therefore, that on
performed all the acts of execution which would produce the felony as a consequence but for reasons independ
the will, the crime was not committed.

It is now settled, therefore, that the crime of bribery and corruption of public officials cannot be committed i
 frustrated stage because this requires two to commit and that means a meeting of the minds.

Illustrations:

(1) If the public official accepted the corrupt consideration and turned it over to his superior as evidence o
corruption, the offense is attempted corruption only and not frustrated. The official did not agree
corrupted.

If the public officer did not report the same to his superior and actually accepted it, he allowed hims
be corrupted . The corruptor becomes liable for consummated corruption of public official. The
officer also becomes equally liable for consummated bribery.

(2) If a public official demanded something from a taxpayer who This document
pretended is... and use marked m
to agree
with the knowledge of the police, the crime of the public official is attempted bribery. The reason i

because the giver has no intention to corrupt her and Useful
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perform all the ac
execution.

Be sure that what is involved is a crime of bribery, not extortion. If it were extortion, the crime i
b ib b t bb Th h i ld d t th d dd t it ti f bli
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bribery, but robbery . The one who yielded to the demand does not commit corruption of a public o

 •
because Search
it was involuntary.
Bribery exists when the gift is:
 Read free for 30 days
a. voluntarily offered by a private person

b. solicited by the public officer and voluntarily delivered by the private person

c. solicited by the public officer but the private person delivers it out of fear of the consequences shou
public officer perform his functions (here the crime by giver is not corruption of public officials d
involuntariness)

•  Actual receipt of the gift is not only if acts constitutes a crime necessary . An accepted offer or promise of
is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attem
corruption of a public officer

• The  gift must have a value or capable of pecuniary estimation. It could be in the form of money, proper
services

• If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the p
corresponding to the crime in addition to the penalty for bribery

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Elements and Notes in Criminal71Law Book II by RENE CALLAN

In direct bribery, consider whether the official act, which the public officer agreed to do, is a crime or not.

If it will amount to a crime, it is not necessary that the corruptor should deliver the consideration or the doi
the act. The moment there is a meeting of the minds, even without the delivery of the consideration, even w
the public officer performing the act amounting to a crime, bribery is already committed on the part of the p
officer. Corruption is already committed on the part of the supposed giver. The reason is that the agreemen
conspiracy involving the duty of a public officer. The mere agreement is a felony already.

If the public officer commits the act which constitutes the crime, he, as well as the corruptor shall be liable al
that other crime.

Illustrations: This document is...
(1) 
If the corruptor offers a consideration to a custodian of Useful  Not useful
a public record to remove certain files, the
agreement, without delivery of the consideration, brings about the crime of direct bribery and corru
of public official.

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If the records were actually removed, both the public officer and the corruptor will in addition to th
felonies above, will also be liable for the crime committed, which is infidelity in the custody of the
 Search
records for one as principal
which they shall be liable as principals;
direct participation.
Readbyfree for 30 days
inducement, the other as princip

(2)   A party litigant approached the court’s stenographer and proposed the idea of altering the transcr
stenographic notes. The court stenographer agreed and he demanded P 2,000.00.

Unknown to them, there were law enforcers who already had a tip that the court stenographer had
doing this before. So they were waiting for the chance to entrap him. They were apprehended and
said they have not done anything yet.

Under Article 210, the mere agreement to commit the act, which amounts to a crime, is already bri
That stenographer becomes liable already for consummated crime of bribery and the party who agre
give that money is already liable for consummated corruption, even though not a single centavo is deli
yet and even though the stenographer had not yet made the alterations.

If he changed the transcript, another crime is committed: falsification.

The same criterion will apply with respect to a public officer who agrees to refrain from performing his of
duties. If the refraining would give rise to a crime, such as refraining to prosecute an offender, the mere agree
to do
not so will itconsummate
a crime, the bribery
would only amount and the
to bribery corruption,
if the even if
consideration beno money was
delivered delivered to him. If the refrain
to him.

If it is not a crime, the consideration must be delivered by the corruptor before a public officer can be prosec
 for bribery . Mere agreement, is not enough to constitute the crime because the act to be done in the first pl
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
legitimate or in the performance of the official duties of the public official.

Unless the public officer receives the consideration for doing his official duty, there is no bribery. It is necessar

there must be delivery of monetary consideration. This is so because in the second situation, the public o
Rate
Share actually performed what he is supposed to perform. It is just that he would not perform what he is required by
perform without an added consideration from the public which gives rise to the crime.

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The idea of the law is that he is being paid salary for being there. He is not supposed to demand addi
will apply only when
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prohibition
delivered to him, or if he performs what he is supposed to perform in anticipation of being paid the money.
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Here, the bribery LinkedIn
will only arise when there is already the acceptance of the consideration because the act to be
is not a crime. So, without the acceptance, the crime is not committed.
Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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•

Revised 
The third type of bribery and p revaricacion (art 208) are similar offenses, both consisting of omissions to do a
Penal…
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This is not
Procedure…
necessary in prevaricacion
Reviewer (Art. 1… Book 2(1).pdf
required to be performed. In direct bribery however, a gift or promise is given in consideration of the omi

 
Distinction between direct bribery and indirect bribery

Bribery is direct when a public officer is called upon to perform or refrain from performing an official act in exch
for the gift, present or consideration given to him.

If he simply accepts a gift or present given to him by reason of his public position, the crime is indirect bribery .
in mind that the gift is given "by reason of his office", not "in consideration" thereof. So never use the
“consideration.” The public officer in Indirect bribery is not to perform any official act.

Note however that what may begin as an indirect bribery may actually ripen into direct bribery.

Illustration:

Without any understanding with the public officer, a taxi operator gave an expensive suiting material to a
registrar. Upon receipt by the BLT registrar of his valuable suiting material, he asked who the giver was. He
out that he is a taxi operator . As far as the giver is concerned, he is giving this by reason of the office or posit
the public officer involved. It is just indirect bribery

If the BLT registrar calls up his subordinates and said to take care of the taxis of the taxi operator so much so tha
registration of the taxis is facilitated ahead of the others, what originally would have been indirect bribery bec
direct bribery. 
This document is...
 Useful  Not useful
 

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72 Read free for 30 days

Elements and Notes in Criminal Law Book II by RENE CALLAN

Bribery (210) Robbery (294)

When the victim has committed a crime and gives When the victim did not commit a crime and he is intimid
money/gift to avoid arrest or prosecution. with arrest and/or prosecution to deprive him of his per
property.
Victim parts with his money or property voluntarily. Victim is deprived of his money or property by forc
intimidation.
Robbery should be distinguished from Bribery where a law enforcer, say a policeman, extorts money f
person, employing intimidation and threatening to arrest the latter if he will not come across with money m
guilty of Robbery (Article 294, par. 5) or Bribery (Article 210). If the victim actually committed a crime, an
policeman demanded money so he will not be arrested, the crime is Bribery. But if no crime has been committe
the policeman is falsely charging him of having committed one, threatening to arrest him if he will not come
with some consideration, the crime is Robbery.

Article 211
INDIRECT BRIBERY

• ELEMENTS:
a. That the offender is a public officer.
Related titles


b. That he accepts gifts.

c. That the said gifts are offered to him

by reason of his office.
Rate
Share •The gift is given in anticipation of future favor from the public officer
Indirect bribery, the public officer receives or accepts gifts, money or anything of value by reason of his office. If
 Useful (98%)
is only a promise of a gift or money, no crime is committed because of the language of the law which uses the p

Download“shall accept gifts.”
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be clear intention on the part of the public officer to take the gift offered and consider the pro
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
as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to
such acceptance is not sufficient to convict the officer
Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
Book1 
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
The Supreme Court has laid down the rule that for indirect bribery to be committed , the public officer must
Revised Penal… Procedure… Reviewer (Art. 1… Book 2(1).pdf
performed an act of appropriating of the gift for himself, his family or employees. It is the act of appropriatin
Email Merely delivering the gift to the public officer does not bring about the crime. Otherw
signifies acceptance.
would be very easy to remove a public officer: just deliver a gift to him.

• There is no attempted or frustrated indirect bribery

• The  principal distinction between direct and indirect bribery is that in the  former , the officer agrees to pe
or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary tha
officer do any act. It is sufficient that he accepts the gift offered by reason of his office

• Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable
PD 46.

•
The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the serv

Article 211-A
QUALIFIED BRIBERY

• ELEMENTS:
a. Public officer entrusted with law enforcement

b. 
Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua a
death This document is...
( if lower penalty than stated above, the c rime is direct bribery 
 )
 Useful  Not useful
c. In consideration of any offer, promise or gift
Note that the penalt y is DEATH if the public officer is the one who asks or demands such present.

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He need not receive the gift or present because a mere offer or promise is sufficient.

 Article 212
Search  Read free for 30 days

CORRUPTION OF PUBLIC OFFICIALS

• ELEMENTS:
a. That the offender makes offers or promises or gives gifts or present to a public officer.

b. That the offers or promises are made or the gifts or presents given to a public officer, u
circumstances that will make the public officer liable for direct bribery or indirect bribery 

The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished

Presidential Decree No. 46

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
73
Elements and Notes in Criminal
 Law Book II by RENE CALLAN
Rate
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Presidential Decree No. 46  prohibits giving and acceptance of gifts by a public officer or to a public officer,
during anniversary, or when there is an occasion like Christmas, New Year, or any gift-giving anniversary.
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Presidential Decree punishes both receiver and giver.
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 for past or future favors.
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The prohibition giving and receiving gifts given by reason of official position, regardless of whether or not the sa

The giving of parties by reason of the promotion of a public official is considered a crime even though it may call
Criminal Law celebration.
Philippine The giving ofCriminal
a party is not limited CONSTI
to the public officer only
2 reviewer but alsoLaw
Criminal to any member of his family.
Criminal Law
Book1 
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Revised Penal… Procedure…
Email No. 749
Presidential Decree
Reviewer (Art. 1… Book 2(1).pdf

The decree   grants immunity from prosecution to a private person or public officer who shall voluntarily
information and testify in a case of bribery or in a case involving a violation of the Anti-graft and Corrupt Prac
 Act.
It provides immunity to the bribe-giver provided he does two things:

(1) He voluntarily discloses the transaction he had with the public officer constituting direct or indirect br
or any other corrupt transaction;

(2) He must willingly testify against the public officer involved in the case to be filed against the latter.

Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver. B
trial, prosecutor may move for dropping bribe-giver from information and be granted immunity. But first
conditions have to be met:

(1) Information must refer to consummated bribery;

(2) Information is necessary for the proper conviction of the public officer involved;

(3) That the information or testimony to be given is not yet in the possession of the government or known
government;

(4)
This document is...
That the information can be corroborated in its material points;

(5)  Useful  Not useful

That the informant has not been convicted previously for any crime involving moral turpitude.

These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure.
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The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave volun
 the testimony . IfSearch
there were other transactions where  the informant alsofree
Read participated,
prosecution. The immunity in one transaction does not extend to other transactions.
he is not immune
for 30 days

The immunity attaches only if the information given turns out to be true and correct. If the same is false, the p
officer may even file criminal and civil actions against the informant for perjury and the immunity under the d
will not protect him.

Republic Act No. 7080 (Plunder)

Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991. This
somehow modified certain crimes in the Revised Penal Code insofar as the overt acts by which a public officer am
acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery (Articles 210
211-A), fraud against the public treasury [Article 213], other frauds (Article 214), malversation (Article 217), whe
ill-gotten wealth amounts to a total value of P50,000,000.00. The amount was reduced from P75,000,000.
Republic Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua to death.

Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the Revised
Code or the Anti-Graft and Corrupt Practices Act.

Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt act.

Plunder is committed through a combination or series of overt acts:

Related titles (1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the p


treasury;

(2) 
By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other fo
Rate
Share pecuniary benefit from any person and/or entity in connection with any government contract or proje
reason of the office or position of the public officer;

(3) By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any
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subdivisions, agencies or instrumentalities or government-owned or controlled corporations and
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obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other fo
interest or participation including the promise of future employment in any business or undertaking;

Criminal Law (5)Philippine

By establishingCriminal CONSTIor 2 commercial
reviewer Criminal Lawor otherCriminal Law a
 
agricultural, industrial, monopolies combinations
Book1 Revisedimplementations
Penal… Procedure… Reviewer
of decrees and orders intended to benefit particular (Art. 1…
persons Book
or special 2(1).pdfor
interests;
Copy Link Email

74
Elements and Notes in Criminal Law Book II by RENE CALLAN

(6) By taking undue advantage of official position, authority, relationship, connection or influence to un
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people, an
Republic of the Philippines.

While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that “in the impositi
 penalties, the degree of participation and the attendance of mitigating and aggravating circumstances sha
considered by the court”.


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ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA 3019
 Search  Read free for 30 days
• Persons Liable:

a.  Any public officer who shall perform any of the following acts:

1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of
and regulations duly promulgated by competent authority or an offense in connection with the official
of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violati
offense.

2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for hims
for any other person in connection with any contract or transaction between the government and any
party wherein the public officer in his official capacity has to intervene under the law.

3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benef
himself or for another, from any person for whom the public officer, in any manner of capacity, has sec
or obtained, or will secure or obtain, any Government permit or license, in consideration for the held
or to be given.

4. Accepting or having any member of his family accept employment in a private enterprise which has pe
official business with him during the pendency thereof or within one year after its termination.
5. Causing any undue injury to any party, including the Government, or giving any private party
Related titles


unwarranted benefits, advantage, or preference in the discharge of his official, administrative or ju
function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
apply to officers and employees of offices or government corporations charged with the grant of licen
permits or other concessions. 
Rate
Share 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act wit
reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly,


any person interested in the matter some pecuniary or material benefit or advantage, or for the purpo
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 
favoring his own interest
2 of giving
party.
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or discriminating
document against any other inter

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Entering, Government, into any contract or transaction manifestly and g
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Criminal Law Philippine Criminalhaving financialCONSTI 2 reviewer
interestCriminal
in any Law Criminalor Law
Book1 
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8. Directly or indirectly
Revisedconnection
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or pecuniary
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which he intervenes or take part in his official
constitution or by any law from having any interest.
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business, contract
capacity,(Art. 1…
or in whichBook
transact
he is 2(1).pdf
prohibited b

9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any trans
or act requiring the approval of a board, panel, or group of which he is a member, and which exer
discretion in such approval, even if he votes against the same or does not participate in the action o
board, committee, panel or group.

10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qua
for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representati
dummy of one who is not so qualified or entitled.

11. Divulging valuable information of a confidential character, acquired by his office or by him on account
official position to unauthorized persons, or releasing such information in advance of its authorized re
date.

b. Any person having family or close personal relation with any public official who shall capitalize or exploit o
advantage of such family or close personal relation by directly or indirectly requesting or receiving any pre
gift, or material, or pecuniary advantage from any person having some business, transaction, application, req
or contact with the government in which such public official has to intervene (Sec. 4)

c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).
4)

d. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president  o
This document is...
Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who

intervene, directly or indirectly, in any business transaction, contract

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withuseful
the gov’t (Sec. 5).

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75
Elements and Notes in Criminal Law Book II by RENE CALLAN

This prohibition shall not apply to:

1. Any person who, prior to the assumption of office of any of the above officials to whom
related, has been already dealing with the gov’t along the same line of business;

2. Any office;
of public transaction, contract or application already existing or pending at the time of such assum

3. Any application filed by him, the approval of which is not discretionary on the part of the offi
concerned but depends upon compliance with requisites provided by law, or rules or regulations i
pursuant to law;

4. Any act lawfully performed an official capacity or in the exercise of a profession.

e. Any member of congress, during the term for which he has been elected, who shall acquire or re
any personal pecuniary interest in any specific business enterprise which shall be directly
particularly favored or benefited by any law or resolution authored by him previously approv
Related titles adopted by Congress during his term.


f. Any public
within officer
30 days afterwho shall fail
assuming office and
to file athereafter
true, detailed and sworn
on or before statement
the 15 th of assets
day of April and liabi
following the
Rate
Share of every calendar year, as well as upon the expiration of his term of office, or upon his resignati
separation from office (Sec. 7).

 Useful (98%)
III. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
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If a public official has been found to have acquired during his incumbency, whether in his name or in the na
and/or money manifestly out of proportion to his salary and to his


lawful income.

Criminal Law Philippine Criminal

of the spouse and CONSTI 2 reviewer Criminal Lawmay be taken
Criminal Law
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Book1 Revised Penal…
when their Procedure…
acquisition Reviewer
through legitimate means cannot be satisfactorily (Art. 1… Book 2(1).pdf
shown.
Copy Link •
Email
Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spou
any of their dependents including but not limited to activities in any club or association or any ostent
display of wealth including frequent travel abroad of a non-official character by any public official when
activities entail expenses evidently out of proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan (Sec. 10).

In case none of the principal accused are occupying positions corresponding to salary grade 27 or higher; PNP of
occupying the rank of superintendent or higher of their equivalent, exclusive jurisdiction over the case shall be v
in the proper Regional Trial Court, Metropolitan Trial Court and Municipal Circuit Trial Court as the case may be
decision of the court in these cases shall be appealable to the Sandiganbayan which exercises exclusive app
jurisdiction over them.

IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary tok
gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec.

Once the case is filed with the Sandiganbayan, by express provision of the law, it becomes incumbent upon the
to place under preventive suspension the public officer who stands accused before it. However, before the ord
suspension is issued, it is necessary that a pre-suspension hearing be held by the court wherein the accused is aff
the opportunity to challenge the validity of the information filed against him. Such right of the accused to chal
This document
the validity of the information covers (a) the right to challenge the sufficiency is...of the information
of the recitals
vis the essential elements of the offense as defined by substantive law; (b) the right to challenge the validity

criminal proceedings leading to the filing of the information, i.e.,Useful Notafforded
that he has not been useful the right o
preliminary investigation, or that the acts for which he stands charged do not constitute a violation of the provisio
R.A. No. 3019, which would warrant his mandatory suspension from office under Section 13 of this Act; and (c

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rightRules
the to raise the issue
of Court thatvs.
(People theAlbano,
information can be511).
163 SCRA quashed
  under any of the grounds provided in Section 2, Rule

 Search
Once the information is found to be sufficient in form and Read
substance, the free
court forissue
must 30 days
the suspension order
matter of course and there are no ifs and buts about it (Bayot vs. Sandiganbayan, et al., 128 SCRA 383).

Preventive suspension is resorted to in order to prevent the accused from using his office to intimidate witnes
frustrate his prosecution or continue committing malfeasance in office because the presumption is that unles
accused is suspended, he may frustrate his prosecution to commit further acts of malfeasance or both (Bayo
Sandiganbayan, et al., supra).

“When the administrative case against the officer or employee under preventive suspension is not finally dispo
by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent w
not a presidential appointee, the respondent shall be automatically reinstated in the service: Provided, That whe
delay in the disposition of the case is due to the fault, negligence or petition of the respondent, the period of
shall not be counted in computing the period of suspension herein provided.”(Segovia vs. Sandiganbayan)

ORTEGA NOTES:

The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service doe
amount to bribery, but will amount to a violation of the Anti-graft and Corrupt Practices Act.

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83
Elements and Notes in Criminal Law Book II by RENE CALLAN

• A person whose negligence made possible the commission of malversation by another can be held liable
principal by indispensable cooperation

It is not necessary that the accountable public officer should actually misappropriate the fund or property involv
is enough that he has violated the trust reposed on him in connection with the property.
• Demand as well as damage to the government are not necessary elements

Note that damage on the part of the government is not considered an essential element. It is enough tha
proprietary rights of the government over the funds have been disturbed through breach of trust.

The grant of loans through the vale system is a clear case of an accountable officer consenting to the improp
unauthorized use of public funds by other persons, which is punishable by law. To tolerate such a practice is to g
license to every disbursing officer to conduct a lending operation with the use of public funds. There is no l
regulation allowing accountable officers to extend loans to anyone against the “vales” or chits given in exchan
the borrowers. (Meneses vs. Sandiganbayan)
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
 A private person may also commit malversation under the following situations:

(1) malversation;
Conspiracy with a public officer in committing

Rate
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(3) When the private person is made the custodian in whatever capacity of public funds or property, wh
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belonging to national or local government, and he misappropriates the same;
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(4) When he is constituted as the depositary or administrator of funds or property seized or attached by p
 Facebook
Not useful (2%) Twittereven though said funds
authority LinkedIn
or property belong to a private individual.

Technical malversation is not included in the crime of malversation. In malversation, the offender misapprop
Criminal Law Philippine
funds or property Criminal CONSTI 2 reviewer
any otherCriminal
person toLaw Criminal Law fo
 
public for his own personal use, or allows take such funds or property
Book1 Revised
latter’s ownPenal…
personal use.Procedure…
In technical malversation, the public officerReviewer (Art.
applies the 1… funds
public Book 2(1).pdf und
or property
administration to another public use different from that for which the public fund was appropriated by l
Copy Link Email
ordinance. Recourse: File the proper information.

Article 218
FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

• ELEMENTS:
a. That the offender is a public officer, whether in the service or separated therefrom.

b. That he must be an accountable officer for public funds property.

c. That he is required by law or regulation to render accounts to the commission on audit, or

 provincial auditor.

d. That he fails to do so for a period of two months after such accounts should be rendered.
The public officers who are bound to render accounts are the following:
1. cashiers
2. storekeepers
3. warehousemen and
4. those who by the nature of their position become custodian or public funds or property.

• Note: Demand and misappropriation are not necessary 


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It is sufficient that there is a law or regulation requiring him to render an account. It is the failure to follo

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requirement of the law that is made punishable. It is not necessary that Not useful
the offender prevent
being committed because of the failure of the accountable officer to render an account.
the situation of the

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Article 219
FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
 • ELEMENTS:
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a. That the offender is a public officer.

b. That he must be an accountable officer for public funds or property.

c. That he must have unlawfully left (or be on the point of leaving) the Philippines without sec
 from the Commission on Audit a certificate showing that his accounts have been finally settle

Who can commit this crime? 

A responsible public officer, not necessarily an accountable one, who leaves the country without first sec
clearance from the Commission on Audit.

• Note: The act of leaving the Philippines must be unauthorized or not permitted by law

Mere leaving without securing clearance constitutes violation of the Revised Penal Code. It is not necessary tha
really misappropriated public funds.

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 84
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Article 220
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DownloadILLEGAL USE OF PUBLIC FUNDS OR
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•
2 PROPERTY
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a. Twitter LinkedIn
That the offender is a public officer.

Criminal Law b. That thereCriminal

Philippine is public fund or property
CONSTIunder his administration.
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c. That such public fund or property has been appropriated by law or ordinance ( without this
Email
simple malversation even if applied to other public purpose ).

d. That he applies the same to a public use other than for which such fund or property has
appropriated by law or ordinance.

The term technical

or earmarked malversation
for a certain is used because in this crime, the fund or property involved is already appropr
public purpose.

The offender is entrusted with such fund or property only to administer or apply the same to the public purpo
which it was appropriated by law or ordinance. Instead of applying it to the public purpose to which the fu
 property was already appropriated by law, the public officer applied it to another purpose.

• To distinguish this article with Art 217 , just remember that in illegal use of public funds or property, the off
does not derive any personal gain, the funds are merely devoted to some other public use

•  Absence of damage is only a mitigating circumstance

Since damage is not an element of malversation, even though the application made proved to be more benefic

public interest
involved is still than
liablethe
fororiginal purpose
technical for which the amount or property was appropriated by law, the public o
malversation.

If public funds were not yet appropriated by law or ordinance, and this was applied to a public purpose b
This document
custodian thereof , the crime is plain and simple malversation, not technical is... If the funds had
malversation.
appropriated for a particular public purpose, but the same was applied to private purpose, the crime commit
simple malversation only. 
Useful 
Not useful
Illustration:

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The office lacked bond papers. What the government cashier did was to send the janitor, get some money fro
collection, told the janitor to buy bond paper so that the office will have something to use. The amount inv
 maybe immaterial Search and simple.Read free for 30 days
but the cashier commits malversation pure

This crime can also be c ommitted by a private person.

Illustration:

A certain road is to be cemented. Bags of cement were already being unloaded at the side. But then, rain beg
fall so the supervisor of the road building went to a certain house with a garage, asked the owner if he could po
deposit the bags of cement in his garage to prevent the same from being wet. The owner of the house, Olive, ag
So the bags of cement were transferred to the garage of the private person. After the public officer had left, an
workers had left because it is not possible to do the cementing, the owner of the garage started using some o
cement in paving his own garage. The crime of technical malversation is also committed.

Note that when a private person is constituted as the custodian in whatever capacity, of public funds or property
he misappropriates the same, the crime of malversation is also committed. See Article 222.

Illustration:
The payroll money for a government infrastructure project on the way to the site of the project, the officers bri
the money were ambushed. They were all wounded. One of them, however, was able to get away from the sce
the ambush until he reached a certain house. He told the occupant of the house to safeguard the amount becaus
the payroll money of the government laborers of a particular project. The occupant of the house accepted the m
for his own use. The crime is not theft but malversation as long as he knew that what was entrusted in his cust
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public fund or property.

Article 221

Rate
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ELEMENTS: a. 2 funds
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or property in his possession

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make payment from such funds

Criminal Law Philippine 2. Criminal CONSTI

in his2 custody
revieweror administration
Criminal Law when Criminal Lawcomp

to deliver property ordered by
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Copy Link c. Email
He maliciously fails or refuses to do so
• Note: Penalty is based on value of funds/property to be delivered

85
Elements and Notes in Criminal Law Book II by RENE CALLAN

Article 222
PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221

a. Private individual who, in any capacity, have charge of any national, provincial or mun
 funds, revenue, or property 

b. Administrator or depositary of funds or property that has been attached, seized or 

deposite
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 public authority, even if owned by a private individual

•
Sheriffs and receivers fall under the term “administrator”  Useful  Not useful
• A judicial administrator in charge of settling the estate of the deceased is not covered by the article

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Here, the funds or property belong t o private individuals, but they are considered public funds or property if they
to the possession of the public officer because of 1) a writ of attachment; or 2) if they are seized by virtue of a s
 Search
warrant. Or 3) if they 
are ordered deposited pending determination ofRead free for
ownership in 30
thedays
administrative or ju
proceedings.

Private individuals may also be liable for malversation if they act as conspirators in the commission of the crime.

INFIDELITY OF PUBLIC OFFICERS

Article 223
CONNIVING WITH OR CONSENTING TO EVASION

• ELEMENTS:
a. That the offender is a public officer (on duty).

b. That he is charged with the conveyance or custody of a prisoner, either detention prison
 prisoner by final judgment.

c. That such prisoner escaped from his custody 

d. That he was in connivance with the prisoner in the latter’s escape

• Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or p
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offense

• The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed b
 is mere leniency or laxity in the performance of
is not infidelity in the custody of a prisoner. Neither
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• There is real and actual evasion of service of sentence when the custodian permits the prisoner to obt
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A municipal mayor who utilized the prisoner’s services for domestic chores in his house, including using him as a c
liable for faithlessness in the custody of prisoner (Art. 223) even though the convict may not have fled, in as mu
the prisoner’sTwitter LinkedIn
leaving the prison was effected through him. (People vs. Evangelista, C.A. 38 O.G. 158).

Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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Article 224
RevisedTHROUGH
EVASION 
Penal… NEGLIGENCE
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Procedure… Reviewer (Art. 1… Book 2(1).pdf

• ELEMENTS:
a. That the offender is a public officer.

b. That he is charged with the conveyance or custody of a prisoner, either detention prison
 prisoner by final judgment.

c. That such prisoner escapes through his negligence.

d. Penalty based on nature of imprisonment

•
The article punishes a definite laxity which amounts to deliberate non-performance of a duty
Not every error is negligence under this article. To be liable, the negligence must be notorious and apparent
laxity must be definite and must seriously suggest a deliberate non-performance of a duty.

The negligence which is punishable however is not such definite laxity at all but that which amounts to deliberat
performance of the jailer or the guard. So that if a policemen on guard duty unlocked the door of the jail to
detention prisoner go out so he can clean the premises, but on the latter’s third trip to a nearby faucet, he w
behind the police headquarters climbed over the wall and escape, the crime is not committed. (People vs. Solis,
43 O.G. 580 ).

• The fact that the public officer recaptured the prisoner who had escaped from his custody does not a

complete exculpation
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•
The liability of an escaping prisoner: Useful  Not useful
a. if he is a prisoner by final judgment, he is liable for evasion of service (art 157)

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 Search  Read free for 30 days

86
Elements and Notes in Criminal Law Book II by RENE CALLAN

 b. if he is a detention prisoner , he does not incur criminal liability (unless cooperating with the offen

Article 225
ESCAPE OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER 

• ELEMENTS:
a. That the offender is a private person ( note: must be on duty 
 )

b. That the conveyance or custody of a prisoner or person under arrest is confined to him.

c. That the prisoner or person under arrest escapes.

d. That the offender consents to the escape of the prisoner or person under arrest, or tha
Related titles escape takes place through his negligence


• Note: This article is not applicable if a private person made the arrest and he consented to the escape o
person he arrested

Rate
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the custody or charge of the prisoner or person under arrest.
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The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner.
Twitter LinkedIn

If the offender who aided or consented to the prisoner’s escaping from confinement, whether the prisoner is a co
or a detention prisoner, is not the custodian, the crime is delivering prisoners from jail under Article156.
Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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The crime of infidelity in the custody of prisoners can be committed only by the custodian of the prisoner.
Revised Penal…
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If the jail guard
Procedure… Reviewer (Art. 1… Book 2(1).pdf
who allowed the prisoner to escape is already off-duty at that time and he is no longer the custo
of the prisoner, the crime committed by him is delivering prisoners from jail.

Note that you do not apply here the principle of conspiracy that the act of one is the act of all. The party who
the custodian who conspired with the custodian in allowing the prisoner to escape does not commit infidelity
custody of the prisoner. He commits the crime of delivering prisoners from jail.

Question & Answer

If a private person approached the custodian of the prisoner and for a certain consideration, tol
custodian to leave the door of the cell unlocked for the prisoner to escape. What crime had been committed? 

It is not infidelity in the custody of prisoners because as far as the private person is concerned, this cr
delivering prisoners from jail. The infidelity is only committed by the custodian.

This crime can be committed also by a private person if the custody of the prisoner has been confided to a p
person.

Illustration:

 A policeman escorted a prisoner to court. After the court hearing, this policeman was shot at with a view to lib

the prisoner from his custody. The policeman fought the attacker but This document
he was is...
fatally wounded. When he cou
longer control the prisoner, he went to a nearby house, talked to the head of the family of that house and aske

Useful
if he could give the custody of the prisoner to him. He said yes. After the prisoner was
Not useful in his hand
handcuffed
 policeman expired. Thereafter, the head of the family of that private house asked the prisoner if he could affo
 give something so that he would allow him to go. The prisoner said, “Yes, if you would allow me to leave, yo
come with me and I will give the money to you.” This private persons went with the prisoner and when the m
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was given, he allowed him to go. What crime/s had been committed? 

 Under Article 225,Search

confided.
the crime can be committed by a private  person toRead
whomfree forcustody
the 30 daysof a prisoner has
 
Where such private person, while performing a private function by virtue of a provision of law, shall accep
consideration or gift for the non-performance of a duty confided to him, Bribery is also committed. So the
committed by him is infidelity in the custody of prisoners and bribery.

If the crime is delivering prisoners from jail, bribery is just a means, under Article 156, that would call fo
imposition of a heavier penalty, but not a separate charge of bribery under Article 156.

But under Article 225 in infidelity, what is basically punished is the breach of trust because the offender
custodian. For that, the crime is infidelity. If he violates the trust because of some consideration, bribery i
committed.

A higher degree of vigilance is required. Failure to do so will render the custodian liable. The prevailing ru
against laxity in the handling of prisoners.

Illustration:

 A prison guard accompanied the prisoner in the toilet. While answering the call of nature, police officer w
there, until the prisoner escaped. Police officer was accused of infidelity.

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There is no criminal liability because it does not constitute negligence.
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Negligence contemplated here ref
deliberate abandonment of duty.
Note, however, that according to a recent Supreme Court ruling, failure to accompany lady prisoner in the co
room is a case of negligence and therefore the custodian is liable for infidelity in the custody of prisoner.
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prisoner through
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negligence under Article 224.
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Prison guard should not go to any other place not officially called for. This is a case of infidelity in the custo

INFIDELITY IN CUSTODY OF DOCUMENTS

Article 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS

• ELEMENTS:
a. That the offender be a public officer.

b. That he abstracts, destroys or conceals a document or papers.

c. That the said document or paper should have been entrusted to such public officer by reas
his office.

d. That damage, whether serious or not, to a third party or to the public interest should have
caused.

The act of obstruction, destruction or concealment must cause damage to a third party or to the public int
Damage to a third party is usually pecuniary; but damage to public interest may consist in mere alarm to the pub
the alienation of its confidence on any branch of the government service.


• Thisbedocument
The document must be complete and one by which a right could establishedis...
or an obligation cou
extinguished
 Useful  Not useful
• Books, periodicals, pamphlets etc are not documents

• “P ” ld i l d h k i t d
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• “Papers” would include checks, promissory notes and paper money

 Searchpresupposes unlawful appropriation

Removal of a document  of the official
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free for 30 days
Destruction means to re
the document useless. Its nature to prove the existence of a fact is lost such that it cannot anymore prov
probability or improbability of a fact in issue. Concealment on the other hand means to make it appear tha
document is not available.

• A post office official who retained the mail without forwarding the letters to their destination is gui
infidelity in the custody of papers

• Removal of a document or paper must be for an illicit purpose.

If the removal of the document is for a lawful purpose and that is, to secure the same from imminent danger or
there is no crime committed under the law, (Kataniag vs. People, 74 Phil. 45).

• There is illicit purpose when the intention of the offender is to:

a. t amper wit h it
b. t o p rof it by it
c. to commit any act constituting a breech of trust in the official thereof

The act of removal,

Sandiganbayan, destruction
et al., or concealment
G.R. No. 64750, 1984).be coupled with criminal intent or malice (Manzanari
Jan. 30, should

• Removal is consummated upon removal or secreting away of the document from its usual place. It is imma
whether or not the illicit purpose of the offender has been accomplished
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
Removal of public records by the custodian does not require that the record be brought out of the premises whe
is kept. It is enough that the record be removed from the place where it should be and transferred to another
 to the public service, the public officer is criminally liab
where it is not supposed to be kept. If damage is caused
Rate
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• Infidelity in the custody of documents through destruction or concealment does not require proof of an


purpose
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of a document
2
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of 115
theif monetary
such that
in the custody of publicLinkedIn
considerations
the same would
 Search document
was
be spent by marked
the as exhibits,
custodian the crimesuch

considera
is not
records, because the money adduced as exhibits partake the nature
malvers

document and not as money. Although such monetary consideration acquires the nature of a document, the
evidence rule does not apply here. Example, photocopies may be presented in evidence.
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Delivering the document to the wrong party is infidelity in the custody
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(Art. 1…
thereof Book 2(1).pdf

• The damage may either be great or small

Damage to public interest is necessary. However, material damage is not necessary.

Although there is no material damage caused, mere delay in rendering public service is considered damage.

88
Elements and Notes in Criminal Law Book II by RENE CALLAN

• The offender must be in custody of such documents

Distinction between infidelity in the custody of public document, estafa and malicious mischief 

remov
In infidelity in the custody of public document, the offender is the custodian of the official document
concealed. This document is...
In estafa, the offender is not the custodian of the document removed 
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or concealed.  Not useful
In malicious mischief, the offender purposely destroyed and damaged the property/document.

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 Article 227 Search

OFFICER BREAKING SEAL
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• ELEMENTS :
a. That the offender is a public officer.

b. That he is charged with the custody of papers or property.

c. That these papers or property are sealed by proper authority.

d. That he breaks the seals or permits them to be broken.

• It is the breaking of the seals and not the opening of a closed envelope which is punished

• Damage or intent to cause damage is not necessary; damage is presumed

If the official document is sealed or otherwise placed in an official envelope, the element of damage is not requ
The mere breaking of the seal or the mere opening of the document would already bring about infidelity even t
no damage has been suffered by anyone or by the public at large. The offender does not have to misappropria
same. Just trying to discover or look what is inside is infidelity already.

 A crime is already committed regardless of whether the contents of the document are secret or private . It is en
that it is entrusted to him in a sealed form or in a closed envelope and he broke the seal or opened the env
Related titles Public trust is already violated if he managed to look into the contents of the document.


Distinction between infidelity and theft

There is infidelity if the offender opened the letter but did not take the same.
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There is theft if there is intent to gain when the offender took the money.

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Note that the document must be complete in legal sense. If the writings are mere form, there is no crime.
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As regard the payroll, which has not been signed by the Mayor, no infidelity is committed because the document
yet a payroll in the legal sense since the document has not been signed yet.
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In "breaking of 
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", the word "breaking" should not be given a literal meaning. Even if actually,
broken, because the custodian managed to open the parcel without breaking the seal.
Email
the seal wa

Article 228
OPENING OF CLOSED DOCUMENTS

• ELEMENTS:
a. That the offender is a public officer.

b. That any closed papers, documents, or objects are entrusted to his custody.

c. That he opens or permits to be opened said closed papers, documents or objects.

d. That he does not have proper authority.

• Note: Damage also not necessary

In  Article 227 , the mere breaking of the seal is what is made punishable while in  Article 228, the mere openi
closed documents is enough to hold the offender criminally liable. The breaking of the seal or the opening o
closed document must be done without lawful authority or order from competent authority. In both offenses, da
to the public interest is not required.

REVELATION OF SECRETS 
This document is...
Article 229
REVELATION OF SECRET BY AN OFFICER   Useful  Not useful
• ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
a That the offender is a public officer
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a. That the offender is a public officer.

 Search  Read free for 30 days

 

89
Elements and Notes in Criminal Law Book II by RENE CALLAN

b. That he knows of a secret by reason of his official capacity.

c. That he reveals such secret without authority or justifiable reasons.

d. That damage, great or small, be caused to the public interest.

(damage is essential)

• Notes:
a. Secret must affect public interest

The secrets referred to in this article are those which have an official or public character. It does not include
information regarding private individuals. Nor does it include military or State secrets in as much as the revelati
Related titles the same is classified as espionage, a crime in violation of the national security of the State.


b. Secrets of a private individual is not included

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secrets or secrets affecting state security, the crime may be espionage.

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ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY H
•
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CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
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a. That the offender is a public officer.
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b. That he has charge of papers.

Criminal Law Philippine Criminal

papers should not beCONSTI 2 reviewer Criminal Law Criminal Law
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c. That those
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d. That he delivers those papers or copies thereof to a third person.
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Book 2(1).pdf

e. That the delivery is wrongful.

 f. That damage be caused to public interest.

• Notes:
a. “Charge”: means custody or control. If he is merely entrusted with the papers and not with the cu
thereof, he is not liable under this article

 b. If the papers contain secrets which should not be published, and the public officer having c
thereof removes and delivers them wrongfully to a third person, the crime is revelation of secret
the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidel
the custody of documents

c. Damage is essential to the act committed

Article 230
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL

• ELEMENTS:
a. That the offender is a public officer  
This document is...
b. That he knows of the secret of a private individual by reason of his office.
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c. That he reveals such secrets without authority or justification reason.

• Revelation to one person is sufficient

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Revelation to one person is sufficient

 • If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney)
Search  Read free for 30 days
• Damage to private individual is not necessary

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231
OPEN DISOBEDIENCE

• ELEMENTS:
a. That the offender is a judicial or executive officer.

b. That there is a judgment, decision or order of superior authority.

c. That such judgment, decision or order was made within the scope of the jurisdiction o
superior authority and issued with all the legal formalities.

d. that the offender without any legal justification openly refuses to execute the said judgm
decision or order which he is duty bound to obey.

The gravamen of the offense is the open refusal of the offender to execute the order without justifiable reason.

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Law Book 
by RENE CALLAN

• Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all
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The term “execute” as found in the law does not only means performance of an act since the judgment, decis
order may alsoEmail
direct the non-performance of an act.

The article does not apply to the members of Congress.

Article 232
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER 

• ELEMENTS:
a. That the offender is a public officer.

b. That an order is issued by his superior for execution.

c. That he has for any reason suspended the execution of such order.

d. That his superior disapproves the suspension of the execution of the order.

e. That the offender disobeys his superior despite the disapproval of the suspension.

• Note: A public officer is not liable if the order of the superior is illegal

What is contemplated here is a situation where the subordinate has someThisdoubts
document is...the legality of the
regarding
Hence, he is afforded an opportunity to suspend the execution of the order, so as to give him time to further stud
same. He commits no crime for doing this act. However, if he continues
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Nottheuseful
execution of the
notwithstanding the disapproval by his superior of the stay of the execution, such refusal on his part a
constitutes a crime punishable under this article.

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 Search  Read free for 30 days

Article 233
REFUSAL OF ASSISTANCE

• ELEMENTS:
a. That the offender is a public officer.
b. That a competent authority demands from the offender that he lend his cooperation toward
administration of justice or other public service.

c. That the offender fails to do so maliciously.

• Involves a request from one public officer to another

• Damage to the public interest or third party is essential

Damage is essential whether great or small. But the penalty is affected by the seriousness of the damage. Not
the refusal must be done with malice.

Demand is necessary
The situation contemplated herein may refer to the administration of justice before the case is filed in c
Competent authority may refer to persons in authority who are charged by the law to help in the administrat
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
justice. The term may refer to police authorities. However, when a case under investigation reaches the cour
remedy may not be limited to incurring criminal liability under this article because the refusal may alrea
punished as direct or indirect contempt of court.

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investigated by him but because of some arrangement with the offenders, the policeman does not appear in
anymore to testify against the offenders. He tried to assail the subpoena so that ultimately the case wou
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Article 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
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• ELEMENTS:
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That the offender is elected by popular election to a public office.
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b. That he refuses to be sworn in or discharge the duties of said office.

c. That there is no legal motive for such refusal to be sworn in or to discharge the duties of
office.

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104
Elements and Notes in Criminal Law Book II by RENE CALLAN

(1) If serious physical injuries resulted from discharge, the crime committed is the complex crime of s
physical injury with illegal discharge of firearm, or if less serious physical injury, the complex crime o
serious physical injury with illegal discharge of firearm will apply.

(2) Firing a gun at a person even if merely to frighten him constitutes illegal discharge of firearm.

This document
The gun used in the crime must be licensed, or the person using the firearm is...
must be authorized to carry the s
otherwise, in addition to the crime punished under this article, accused may also be held liable for illegal possess

firearm under Republic Act No. 1866 as amended by Republic Act No.Useful
8294. Not useful

Article 255
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INFANTICIDE

 ELEMENTS: Search  Read free for 30 days

1. That a child was killed.

2. That the deceased child was less than three days (72 hours) of age.

3. That the accused killed the said child.

Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the p
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either
the proper qualification for the offense is infanticide

Even if the killer is the mother or the father or the legitimate grandparents, the crime is still Infanticide an
Parricide. The penalty however, is that for Parricide.

Illustration:

 An unmarried woman, A, gave birth to a child, B. To conceal her dishonor, A conspired with C to dispose of the
C agreed and killed the child B by burying the child somewhere.

If the child was killed when the age of the child was three days old and above already , the crime of A is parri
The fact that the killing was done to conceal her dishonor will not mitigate the criminal liability anymore be
concealment of dishonor in killing the child is not mitigating in parricide.
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
If the crime committed by A is parricide because the age of the child is three days old or above, the crime of th
conspirator C is murder. It is not parricide because he is not related to the victim.

If the child is less than three days old when killed , both the mother and the stranger commits infanticide be
Rate
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a case, concealment of dishonor as a motive for the mother to have the child killed is mitigating.

 Useful (98%) 2. When infanticide is committed by the mother or maternal grandmother in order to conce
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dishonor, such fact is only

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The delinquent mother who claims that she committed the offense to conceal the dishonor m
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of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she h
honor to conceal
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under Article 276.
Procedure…
is not
to kill and an results
death element asof infanticide . Itthe
a consequence, merely Reviewer
crimelowers
(Art. 1…
the penalty.
committed IfBook 2(1).pdf
the child
is not infanticide is aban
but abandon

If the purpose of the mother is to conceal her dishonor, infanticide through imprudence is not committed becaus
purpose of concealing the dishonor is incompatible with the absence of malice in culpable felonies.

4. There is no infanticide when the child was born dead, or although born alive it could not sust
independent life when it was killed

In our study of persons and family relations, we have learned that birth determines personality. So fetus beco
person by the legal fact of birth. The Civil Code provides that, if the fetus had an intra-uterine life of less than s
(7) months, it will be considered born only if it survives 24 hours after the umbilical cord is cut. If such fetus is k
within the 24-hour period, we have to determine if it would have survived or it would have died nonetheless, had i
been killed.

A legal problem occurs when a fetus having an intra-uterine life of less than 7 months, born alive, is killed with
hours from the time the umbilical cord is cut. This is so because there is difficulty of determining whether the
committed is infanticide or abortion. In such a situation, the court may avail of expert testimony in order to h
arrive at a conclusion. So, if it is shown that the infant cannot survive within 24 hours, the crime committ
abortion; otherwise if it can survive, the crime would be infanticide. 

Article 256
INTENTIONAL ABORTION

ELEMENTS:
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1. That there is a pregnant woman.
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2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon
 pregnant woman.
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105
Elements and Notes in Criminal Law Book II by RENE CALLAN

3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused
 fetus dies, either in the womb or after having been expelled therefrom.

4. That the abortion is intended.

Ortega Notes:
Acts punished

1. Using any violence upon the person of the pregnant woman;

2. Acting, but without using violence, without the consent of the woman. (By administering drugs or beve
upon such pregnant woman without her consent.)

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
3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.

 Abortion is the violent expulsion of a fetus from the maternal womb. If the fetus has been delivered but it cou
if it is killed, the crime committed is abortion not infant
subsist by itself, it is still a fetus and not a person. Thus,
Rate
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 It is infanticide if the victim is already a person less that

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It is abortion if the victim is not viable but remains to be a fetus.
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 Abortion is not a crime against the woman but against the fetus. If mother as a consequence of abortion suffers
or physical injuries, you have a complex crime of murder or physical injuries and abortion.
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In Revised Penal…
intentional  Procedure…
abortion, the Reviewer
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the particular Book
criminal 2(1).pdfis to
intention
an abortion. Therefore, the offender must have known of the pregnancy for otherwise, he would not try an abort
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If the woman turns out not to be pregnant and someone performs an abortion upon her, he is liable for an impo
crime if the woman suffers no physical injury. If she does, the crime will be homicide, serious physical injuries, e

Under the Article 40 of the Civil Code, birth determines personality . A person is considered born at the time whe
umbilical cord is cut. He then acquires a personality separate from the mother.

But even though the umbilical cord has been cut, Article 41 of the Civil Code provides that if the fetus had an
uterine life of less than seven months, it must survive at least 24 hours after the umbilical cord is cut for it
considered born.

Illustration:

A mother delivered an offspring which had an intra-uterine life of seven months. Before the umbilical cord is cut
child was killed.

If it could be shown that had the umbilical cord been cut, that child, if not killed, would have survived beyo

hours, the crime is infanticide because that conceived child is already considered born.
If it could be shown that the child, if not killed, would not have survived beyond 24 hours, the crime is abo
because what was killed was a fetus only.

In abortion, the concealment of dishonor as a motive of the mother to commit the abortion upon h erself is mitig
This
It will also mitigate the liability of the maternal grandparent of the victim document
– the is...pregnant woman –
mother of the
abortion was done with the consent of the pregnant woman.
 Useful  Not useful
If the abortion was done by the mother of the pregnant woman without the consent of the woman herself , eve
was done to conceal dishonor, that circumstance will not mitigate her criminal liability.

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But if those who performed the abortion are the parents of the pregnant woman, or either of them, and the pre
woman consented for the purpose of concealing her dishonor , the penalty is the same as that imposed upo
 Search
woman who practiced the abortion upon herself .  Read free for 30 days

Frustrated abortion is committed if the fetus that is expelled is viable and, therefore, not dead as abortion di
result despite the employment of adequate and sufficient means to make the pregnant woman abort. If the mea
not sufficient or adequate, the crime would be an impossible crime of abortion. In consummated abortion, the
must be dead.

One who persuades her sister to abort is a co-principal, and one who looks for a physician to make his sweetheart
is an accomplice. The physician will be punished under Article 259 of the Revised Penal Code.

Article 257
UNINTENTIONAL ABORTION

ELEMENTS:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.

3. That the violence is intentionally exerted.

4. That as a result of the violence that fetus dies, either in the womb or after having been exp
therefrom.
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Elements and Notes in Criminal Law Book II by RENE C
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Notes:
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Unintentional abortion requires physical violence inflicted deliberately and voluntarily by a thir
Copy Link person of Email
the pregnant woman. Mere intimidation is not enough unless the degree of in
approximates violence.

If the pregnant woman aborted because of intimidation, the crime committed is not unintentiona
there is no violence; the crime committed is light threats.

If the pregnant woman was killed by violence by her husband, the crime committed is the complex
with unlawful abortion.

While there is no intention on the part of the accused to cause an abortion, nonetheless, the violen
on the pregnant woman must be intentional. In other words, only the abortion is unintended.
1. Unintentional abortion can also be committed through negligence

Unintentional abortion may be committed through negligence as it is enough that the use of violence

Illustration:

A quarrel ensued between A, husband, and B, wife. A became so angry that he struck B, who was t
a soft drink bottle on the hip. Abortion resulted and B died.

Take note that while unintentional abortion appears to be aThis document
crime is...
that should be committed wit
because of the requirement that the violence employedUseful on the victim must be intentional, n
  Not useful
circumstances of the case justifies the application of the other means of committing a felony (lik
same should
be subject tobe
theapplied
penaltybut the penalty
prescribed for will notorbereckless
simple the penalty provided
imprudence under
under Article
Article 257. Instead
365.
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2. The accused can only be held liable if he knew that the woman was pregnant
 Search
- DEBATABLE  Read free for 30 days
In US v. Jeffry, 15 Phil. 391, the Supreme Court said that knowledge of pregnancy of the offe
necessary. In People v. Carnaso, decided on April 7, 1964, however, the Supreme Court held
pregnancy is required in unintentional abortion.

Criticism:

Under Article 4, paragraph 1 of the Revised Penal Code, any person committing a felony is criminall
direct, natural, and logical consequences of his felonious acts although it may be different f
intended. The act of employing violence or physical force upon the woman is already a felony. I
offender knew about the woman being pregnant or not.

If the act of violence is not felonious, that is, act of self-defense, and there is no knowledg
pregnancy, there is no liability. If the act of violence is not felonious, but there is knowledg
pregnancy, the offender is liable for unintentional abortion.

Illustration:

The act of pushing another causing her to fall is a felonious act and could result in physical injuries
if not only physical injuries were sustained but abortion also resulted, the felonious act of pushin
cause of the unintentional abortion.
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
3. If there is no intention to cause abortion and neither was violence exerted, art
not apply

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 Useful (98%) 1.  A pregnant woman decided to commit suicide. She jumped out of a window of
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landed on a passerby. She did not die but an abortion followed. Is she liable for unintentional

 Facebook
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unintentional abortion is that the force or violence must come
was the woman doing the violence upon herself, it must be to bring about an abortion, and th
Criminal Law will be intentional
Philippine abortion. In this CONSTI
Criminal case, where the woman
2 reviewer triedLaw
Criminal to commit Criminal
suicide, Law
the act
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suicide is not a felony under the Revised Penal Code. The one penalized in suicide is the one gi
Revised Penal… Procedure…
not the person trying to commit suicide.
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Reviewer (Art. 1… Book 2(1).pdf

2. If the abortive drug used in abortion is a prohibited drug or regulated drug

Decree No. 6425 (The Dangerous Drugs Act of 1972), as amended, what are the crimes committed? 

The crimes committed are (1) intentional abortion; and (2) violation of the Dangerous Drug

Article 258
ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS
 

107
Elements and Notes in Criminal Law Book II by RENE C

a. the pregnant woman herself 


b. any other person, with her consent, or  This document is...

c.
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any of her parents, with her consent for the purpose of concealing her dishonor.

Notes:
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1. Liability of the pregnant woman is mitigated if the purpose is to conceal her

 Search
there the pregnant
is no Mitigation for the parents of
daughter’s dishonor Readwomen
free foreven
30 days
if their purpose

2. In infanticide, parents can avail of the mitigating circumstance of concealing th

daughter. This is not so for art 258

Article 259
ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES

ELEMENTS:
1. That there is a pregnant woman who has suffered an abortion.

2. That the abortion is intended.

3. That the offender, who must be a physician or midwife, causes or assists in causing the ab
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill

Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used
What is punished is the act of dispensing an abortive without the proper prescription.
that the abortive be actually used
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
2. If the pharmacist knew that the abortive would be used to cause abortion and a
is liable as an accomplice 
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therapeutic abortion. But abortion without medical necessity to warrant it is punishable even with
 Useful (98%) woman or her husband.
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 A woman who is pregnant got sick. The doctor administered a medicine which resulted in Ab
committed was unintentional abortion through negligence or imprudence.
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Question & Answer

What is the liability of a physician who aborts the fetus to save the life of the mother? 

None. This is a case of therapeutic abortion which is done out of a state of necess
requisites under Article 11, paragraph 4, of the Revised Penal Code must be present. There must be
or less harmful means of saving the life of the mother to make the killing justified.

Article 260
RESPONSIBILITY OF PARTICIPANTS IN A DUEL

Acts punished:
1. Killing one’s adversary in a duel

2. Inflicting upon the adversary serious physical injuries

3. Making a combat although no physical injuries have been inflicted 

Persons liable: 
Thisupon
1. Principals – person who killed or inflicted physical injuries document is... or both comba
his adversary,
cases
 Useful  Not useful
2.  Accomplices – as seconds

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The person who killed or injured his adversary. If both survive, both will be liable for the crime of d
 direct participation. The seconds will be held liable as accomplices.
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Notes:

108
Elements and Notes in Criminal Law Book II by RENE C

While the agreement is to fight to the death, the law will disregard the “intent to kill,” if only p
inflicted. The crime will not be classified as attempted or frustrated homicide.

If the accused and the deceased, after a verbal heated argument in a bar, left the place at the same
to their agreement, went to the plaza to fight each other to death with knives which they bought on
do not constitute the crime of dueling since there were no seconds who fixed the conditions of the
less formal manner . If one was killed, the crime committed would be Homicide.

There is no such crime nowadays because people hit each other even without entering into
Related titles agreement. This is an obsolete provision.


Article 261 
Rate
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Acts punishable:
 Useful (98%) 1. Challenging another to a duel
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3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a
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2. Instigators

If the challenge is only to fight, without the challenger having in mind a formal combat to be agr
assistance of seconds as contemplated under the law, the crime committed will only be grave or
case may be.

Illustration:

If one challenges another to a duel by shouting “Come down, Olympia, let us measure your pro
whose intestines will come out. You are a coward if you do not come down”, the crime of challeng
committed . What is committed is the crime of light threats under Article 285, paragraph 1 of the Re

PHYSICAL INJURIES

Article 262
MUTILATION

Kinds of Mutilation 
This document is...
1. Intentionally mutilating another by depriving him, totally or partially, of some
reproduction
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2. Intentionally making another mutilation, i.e. lopping, clipping off any part o
offended party other than the essential organ for reproduction to deprive him of that par
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offended party, other than the essential organ for reproduction, to deprive him of that par

 Elements: Search  Read free for 30 days

1. There be a castration i.e. mutilation of organs necessary for generation

2. Mutilation is caused purposely and deliberately 

Notes:

 Mutilation is the lopping or clipping off of some part of the body.

The intent toIfdeliberately

established. cut offtothe
there is no intent particular
deprive part
vi ctim of the body
of particular that
part ofwas removed
body, from
the crime is the
onlyoffen
seri

The common mistake is to associate this with the reproductive organs only. Mutilation includes any
body that is not susceptible to grow again.

If what was cut off was a reproductive organ, the penalty is much higher than that for homicide.

This cannot be committed through criminal negligence.

 
1. In the first kind of mutilation, the castration must be made purposely. Ot
considered as mutilation of the second kind
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
2. Mayhem: refers to any other intentional mutilation


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109


Elements and Notes in Criminal Law Book II by RENE C

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4. Administering injurious substances

In one case, the accused, while conversing with the offended party, drew the latter’s bolo from
offended party caught hold of the edge of the blade of his bolo and wounded himself. It was h
accused did not wound, beat or assault the offended party, he can not be guilty of serious physical i

What are serious physical injuries:

1. Injured person becomes insane, imbecile, impotent or blind 

2. Injured person –

a. loses the use of speech or the power to hear or to smell, loses an eye, a h
leg

b. loses the use of any such member 

c. becomes incapacitated for the work in which he had been habitually engage

3. Injured person – 
This document is...
a. becomes deformed 
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b. loses any other member of his body 

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c. loses the use thereof 

 Search  the performance

d. becomes ill or incapacitated for Read freeoffor 30 work
the days in which he ha
engaged in for more than 90 days

4. Injured person becomes ill or incapacitated for labor for more than 30 days (but not m

Notes:

The crime of physical injuries is a crime of result because under our laws the crime of physical inju
gravity of the injury sustained. So this crime is always consummated.

The reason why there is no attempted or frustrated physical injuries is because the crime of
determined on the gravity of the injury. As long as the injury is not there, there can be no attem
stage thereof.
1. Serious physical injuries may be committed through reckless imprudence or simp

2. There must be no intent to kill

3. Impotent should include inability to copulate and sterility

4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not cont
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
5. Loss of power to hear  must involve both ears. Otherwise, it will be considered
injuries under par 3 
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6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
 Useful (98%) 7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers
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part of the body. In this  a
which is not a principal Search adocument
respect, front tooth is considered
body, other than a principal member
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8. Deformity: means physical ugliness, permanent and definite abnormality. Not
Criminal Law Philippine means or by nature. It must beCONSTI
Criminal conspicuous and visible.
2 reviewer Thus,
Criminal Lawif the scar is usually
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would not be conspicuous and visible
Procedure… Reviewer (Art. 1… Book 2(1).pdf
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However
which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the actio

11. Loss of both outer ears constitutes deformity and also loss of the power to hear.
the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member,
of his body or use of the same

110
Elements and Notes in Criminal Law Book II by RENE CALLAN

16. In determining incapacity , the injured party must have an avocation at the time
of the in
Work: includes studies or preparation for a profession This document is...

17.  Useful  Not useful

When the category of the offense of serious physical injuries depends on the period of the illn
incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will on
considered as slight physical injuries

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
18. There is no incapacity if the injured party could still engage in his work although less effec
than before
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19. Serious physical injuries is qualified  when the crime is committed against the same pe
enumerated in the article on parricide or when it is attended by any of the circumstances defining the
of murder. However , serious physical injuries resulting from excessive chastisement by parents i
qualified serious physical injuries

Ortega Notes:

Classification of physical injuries:

(1) Between slight physical injuries and less serious physical injuries, you have a duration of one to nine d
slight physical injuries; or 10 days to 20 days if less serious physical injuries. Consider the duration of he

and treatment.
The significant part here is between slight physical injuries and less serious physical injuries. Yo
consider not only the healing duration of the injury but also the medical attendance required to trea
injury. So the healing duration may be one to nine days, but if the medical treatment continues beyon
days, the physical injuries would already qualify as less serious physical injuries. The medical treatmen
have lasted for nine days, but if the offended party is still incapacitated for labor beyond nine day
physical injuries are already considered less serious physical injuries.

(2) Between less serious physical injuries and serious physical injuries, you do not consider the peri
medical treatment. You only consider the period when the offended party is rendered incapacitate
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
labor.

If the offended party is incapacitated to work for less than 30 days, even though the treatment cont
considered less serious because for purposes of classifyin
beyond 30 days, the physical injuries are only
Rate
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period of incapacity from work.

 (3)
Useful (98%) When the injury created a deformity upon the offended party, you disregard the healing duration o


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 period of medical treatment involved  seriousdocument
physical injuries.
2 
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Not useful (2%) So even though the deformity may not have incapacitated the offended party from work, or even thoug
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treatment did not go beyond nine days, that deformity will bring about the crime of serious ph
injuries.
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Deformity requires
Procedure…
the following

(1) EmailThe in ju ry must produce u glin ess;

conditions:
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(2) It must be visible;

(3) The ugliness will not disappear through natural healing process.

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.

Question & Answer

The offender threw acid on the face of the offended party. Were it not for timely medical attenti
deformity would have been produced on the face of the victim. After the plastic surgery, the offended part
more handsome than before the injury. What crime was committed? In what stage was it committed? 

The crime is serious physical injuries because the problem itself states that the injury would have produ
deformity. The fact that the plastic surgery removed the deformity is immaterial because in law wh
considered is not the artificial treatment but the natural healing process.

This document is...
In a case decided by the Supreme Court, accused was charged with serious physical injuries because the inj

 produced a scar. He was convicted under Article 263 (4). He appealed

Usefulbecause, i n the
Notcourse
useful
of the trial, th
disappeared . It was held that accused can not be convicted of serious physical injuries. He is liable on
slight physical injuries because the victim was not incapacitated, and there was no evidence that the me
treatment lasted for more than nine days.
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
Serious physical injuries is punished with higher penalties in the following cases:
Search  Read free for 30 days
(1) If it is committed against any of the persons referred to in the crime of parricide under Article 246;

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If any of the circumstances qualifying murder attended its commission.
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Thus, a father who inflicts serious physical injuries upon his son will be liable for qualified serious physical injurie

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RevisedAct
Republic Penal… Procedure…
No. 8049 (The Anti-Hazing Law) Reviewer (Art. 1… Book 2(1).pdf
Hazing -- ThisEmail
is any initiation rite or practice which is a prerequisite for admission into membership in a fratern
sorority or any organization which places the neophyte or applicant in some embarrassing or humiliating situatio
otherwise subjecting him to physical or psychological suffering of injury. These do not include any physical, m
psychological testing and training procedure and practice to determine and enhance the physical and psychol
fitness of the prospective regular members of the below.

Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
 Section 2 requires a written notice to school authorities from the head of the organization seven days prior t
rites and should not exceed three days in duration.

Section 3 requires supervision by head of the school or the organization of the rites.
 
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insan
imbecile, or impotent or blind because of such, if the person loses the use of speech or the power to hear or sm
an eye, a foot, an arm or a leg, or the use of any such member or any of the serious physical injuries or the less se
physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in f
10, 1-9 days.

It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to preve
officers and members who planned, knowingly cooperated or were present, present alumni of the organization, o
of the place where such occurred liable.

Makes presence a prima facie presumption of guilt for such. This document is...
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Article 264
 Search SUBSTANCES OR BEVERAGES
ADMINISTERING INJURIOUS  Read free for 30 days
ELEMENTS:

1. That the offender inflicted upon another person any serious physical injury 

2. That it was done knowingly administering to him any injurious substances or beverages or by t
advantage of his weakness of mind of credulity 

3. He had no intent to kill

Notes:

The article under consideration does not deal with a crime. It refers to means of committing serious physical injur

1. It is frustrated murder when there is intent to kill

2.  Administering means introducing into the body the substance, thus throwing of the acid in the face
contemplated

Article 265
LESS SERIOUS PHYSICAL INJURIES
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
ELEMENTS:

1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 d

or needs medical attendance for the same period of time
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2. That the physical injuries must not be those described in the preceding articles

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Circumstances qualifying the

a.
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2 offense:
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when there is manifest intent to insult or offend the injured person
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

b. when there are circumstances adding ignominy to the offense

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c. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers
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Procedure… Reviewer (Art. 1… Book 2(1).pdf
d. when the victim is a person of rank or person in authority, provided the crime is not direct ass

2. It falls under this article even if there was no incapacity but the medical treatment was for 13

112
Elements and Notes in Criminal Law Book II by RENE CALLAN

In this article, the offended party is incapacitated from work for ten (10) days or more but not more than thirty
days. If the injury causes the illness of the victim, the healing duration must be more than nine (9) days but not
than thirty (30) days.

Article 265 is an exception to Article 48 in relation to complex crimes as the latter only takes place in cases wher
Revised Penal Code has no specific provision penalizing the same with a definite, specific penalty. Hence,  there
complex crime of slander by deed with less serious physical injuries but This document
only less seriousis...
physical injuries if th
which was committed produced the less serious physical injuries with the manifest intent to insult or offen
offended party, or under circumstances adding ignominy to the offense.
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Article 266
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Article 266
SLIGHT PHYSICAL INJURIES

 3 Kinds:
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1. That which incapacitated the offended party for labor from 1-9 days or required me
attendance during the same period 

2. That which did not prevent the offended party from engaging in his habitual work or
did not require medical attendance (ex. Black-eye)

3. Ill-treatment of another by deed without causing any injury (ex. slapping but without ca
dishonor)

This involves even ill-treatment where there is no sign of injury requiring medical treatment.

Slapping the offended party is a form of ill-treatment which is a form of slight physical injuries.

But if the slapping is done to cast dishonor upon the person slapped, the crime is slander by deed. If the slappin
done without the intention of casting dishonor, or to humiliate or embarrass the offended party out of a quar
anger, the crime is still ill-treatment or slight physical injuries.

The crime is slight physical injury if there is no proof as to the period of the offended party’s incapacity for labor
the required medical attendance.

Republic Act No. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Ac
Related titles relation to murder, mutilation or injuries to a child


The last paragraph of Article VI of Republic Act No. 7610, provides:

“For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262 (2) and
Rate
Share (1) of Act No 3815, as amended of the Revised Penal Code for the crimes of murder, homicide, other intent
mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under t
years of age.”
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Code in so far as the 
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Penal victim o
felonies referred to is under 12 years of age. The clear intention is to punish the said crimes with a higher pe
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when the victim LinkedIn
is a child of tender age. Incidentally, the reference to Article 249 of the Code which define
penalizes the crime of homicide were the victim is under 12 years old is an error. Killing a child under 12 is m
not homicide, because the victim is under no position to defend himself as held in the case of People v. Ganohon
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SCRA 431.
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murder, the penalty provided by the Code, as amended by Republic Act No. 7659, is reclusion perpetua to de
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higher than what Republic Act no. 7610 provides. Accordingly, insofar as the crime is murder, Article 248 of the
as amended, shall govern even if the victim was under 12 years of age. It is only in respect of the crimes of inten
mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263 of the Code
the quoted provision of Republic Act No. 7160 may be applied for the higher penalty when the victim is under 12
old.

RAPE

ART 266-A
RAPE
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorpor
into Title 8 of the RPC to be known as Chapter 3 
This document is...
ELEMENTS:
Rape is committed Useful  
Not useful
1. By a man who have carnal knowledge of a woman under any of the following circumstanc

a. through force, threat or intimidation

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113
Elements and Notes in Criminal Law Book II by RENE CALLAN

b. when the offended party is deprived of reason or otherwise unconscious

c. by means of fraudulent machination or grave abuse of authority 

d. when the offended party is under 12 years of age or is demented, even though none o
circumstances mentioned above be present

2. By any person who, under any of the circumstances mentioned in par 1 hereof, shall co
an act of sexual assault by inserting

a. his penis into another person’s mouth or anal orifice, or 

Related titles b. any instrument or object, into the genital or anal orifice of another person


Rape committed under par 1 is punishable by:
1. reclusion perpetua

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a. victim became insane by reason or on the occasion of rape

 Useful (98%) b. the rape is attempted and a homicide is committed by reason or on the occasion thereof 
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3. DEATH when
(2%)a. homicide is committed
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b. victim under 18 years and offender is:

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iv. Emailguardian
Reviewer (Art. 1… Book 2(1).pdf

v. relative by consanguinity or affinity with the 3rd civil degree or

vi. c ommon law spouse of parent of vic tim

c. under the custody of the police or military authorities or any law enforcement or penal institution

d. committed in full view of the spouse, parent or any of the children or other relatives within the 3 rd degr
consanguinity

e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to b e su
the offender before or at the time of the commission of the crime

f. a child below 7 years old

g. offender knows he is afflicted with HIV  or AIDS or any other sexually transmissible disease and the vi
transmitted to the victim
h. offender; member of the AFP, or para-military units thereof , or the PNP, or any law enforcement agen
 penal institution, when the offender took advantage of his position to facilitate the commission o
crime

i. victim suffered permanent physical mutilation or disability 


 j. the offender knew of the pregnancy of the offended party at This document
the time is...
of the commission of the crime;

k. when the offender knew of the mental disability, emotional

Usefuldisorder and/or
Not physical
useful handicap o
offended party at the time of the commission of the crime

Rape committed under par 2 is punishable by:

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Rape committed under par 2 is punishable by:
1. prisi on mayor  

 2. prision mayorSearch
to reclusion temporal  Read free for 30 days
a. use of deadly weapon or

b. by two or more persons

3. reclusion temporal – when the victim has become insane

4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed

5. reclusion perpetua – homicide is committed by reason or on occasion of rape

6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above

Notes:
1. Dividing age in rape:
a. less than 7 yrs old, mandatory death

b. less than 12 yrs old, statutory rape

c. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death

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Because of this amendment which reclassified rape as a crime against persons, an impossible crime may no
committed in case of rape; that is, if there is inherent impossibility of its accomplishment or on account o
Criminal Law Philippineof inadequate
Criminal
or ineffectual means.CONSTI 2 reviewer Criminal Law Criminal Law

employment
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The case of People vs. Orita (G.R. No. 88724, April 3, 1990), laid a new doctrine in Philippine penal law insofar a
Copy Link crime of rapeEmail
is concerned, as it   finally did away with frustrated rape and allowed only attempted rap
consummated rape to remain in our statute books.

The act of “touching” should be understood as inherently part of the entry of the penis into the labia of the f
organ and not the mere touching alone of the mons pubis or the pudendum. Jurisprudence dictates that the
majora (or he outer lips of the female organ) must be entered for rape to be consummated, and not merely fo
penis to stroke the surface of the female organ. Thus, grazing of the surface of the female organ or touching the
 pubis of the pudendum is not sufficient to constitute rape. ( Pp vs. Campuhan)

Classification of rape

(1) Traditional concept under Article 335 – carnal knowledge with a woman against her will. The off
party is always a woman and the offender is always a man.
(2) Sexual assault - committed with an instrument or an object or use of the penis with penetration of mou
anal orifice. The offended party or the offender can either be man or woman, that is, if a woman or a
uses an instrument on anal orifice of male, she or he can be liable for rape.

Since rape is not a private crime anymore, it can be prosecuted even if the woman does not file a complaint.

If carnal knowledge was made possible because of fraudulent machinations and grave abuse of authority, the cr
rape. This absorbs the crime of qualified and simple seduction when no force or violence was used, but the off
abused his authority to rape the victim.

Under would
Articlebe
266-C, the offended woman may pardon Thisadocument
the offender through is... marriage, the effe
subsequent valid
which the extinction of the offender’s . Similarly, the legal
liability  husband may be pardoned by forgiv
Useful
of the wife provided that the marriage is not void ab initio. Obviously,  Not the
under the new law, useful
husband may be
for rape if his wife does not want to have sex with him. It is enough that there is indication of any amou
resistance as to make it rape.

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Incestuous rape was coined in Supreme Court decisions. It refers to rape committed by an ascendant of the offe
woman. In such cases, the force and intimidation need not be of such nature as would be required in rape case
 the accused been Search
a stranger. Conversely, the Supreme  Court expected Read
thatfree for offender
if the 30 days is not known to
woman, it is necessary that there be evidence of affirmative resistance put up by the offended woman. Mere “no
is not enough if the offender is a stranger, although if the rape is incestuous, this is enough.

The new rape law also requires that there be a physical overt act manifesting resistance, if the offended party w
a situation where he or she is incapable of giving valid consent, this is admissible in evidence to show that c
knowledge was against his or her will.

When the victim is below 12 years old, mere sexual intercourse with her is already rape. Even if it was she
wanted the sexual intercourse, the crime will be rape. This is referred to as statutory rape.

If the victim however is exactly twelve (12) years old (she was raped on her birthday) or more, and there is con
there is no rape. However, Republic Act No. 7610, Sec. 5 (b) provides that: Even if the victim is over twelve (12
old and the carnal act was with her consent as long as she falls under the classification of a child exploit
prostitution and other sexual abuse, the crime is rape.

In other cases, there must be force, intimidation, or violence proven to have been exerted to bring about c
knowledge or the woman must have been deprived of reason or otherwise unconscious.

It is not necessary that the force or intimidation employed be so great or of such character as could not be resiste
is only necessary that it be sufficient to consummate the purpose which the accused had in mind. (Peopl
Canada, 253 SCRA 277).

Carnal knowledge with a woman who is asleep constitutes Rape since she was either deprived of reason or othe
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
unconscious at that time. (People vs. Caballero, 61 Phil. 900).

Sexual intercourse with an insane, deranged or mentally deficient, feeble-minded or idiotic woman is Rape pur
 need not be complete; mental abnormality or deficie
simple. The deprivation of reason contemplated by law
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Where the victim is over 12 years old , it must be shown that the carnal knowledge with her was obtained again
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will.
It is necessary that there be evidence of some resistance put up by the offended woman. It is not, how

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necessary that the offended party exert all her efforts to prevent document
the carnal intercourse. It is enough tha
her resistance, it would appear that the carnal intercourse is against her will.
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Mere initial resistance, which does not indicate refusal on the part of the offended party to the sexual intercourse
not be enough to bring about the crime of rape.
Note that it has been held that in the crime of rape, conviction does not require medico-legal finding o
Criminal Law Philippine Criminal CONSTI 2 reviewer Criminal Law Criminal Law
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  penetration on the part of the woman. A medico-legal certificate is not necessary or indispensable to convic
Penal… Procedure…
accused of the crime of rape.
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It has also been held that although the offended woman who is the victim of the rape failed to adduce evid
regarding the damages to her by reason of the rape, the court may take judicial notice that there is such dam
crimes against chastity. The standard amount given now is P 50,000.00, with or without evidence of any m
damage.

115
Elements and Notes in Criminal Law Book II by RENE CALLAN

 An accused may be c onvicted of rape on the sole testimony of the offended woman. It does not require that test
be corroborated before a conviction may stand. This is particularly true if the commission of the rape is such th
narration of the offended woman would lead to no other conclusion except that the rape was committed.

Illustration: This document is...
Daughter accuses her own father of having raped her.
 Useful  Not useful
Allegation of several accused that the woman consented to their sexual intercourse with her is a proposition wh
revolting to reason that a woman would allow more than one man to have sexual intercourse with her in the pre

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of the others.

 It has also been ruled that rape can be committed in a standing position because complete penetration i
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necessary. The slightest penetration – contact with the labia – will consummate the rape.

On the other hand, as long as there is an intent to effect sexual cohesion, although unsuccessful, the crime bec
attempted rape. However, if that intention is not proven, the offender can only be convicted of ac
lasciviousness.

The main distinction between the crime of attempted rape and acts of lasciviousness is the intent to lie wit
offended woman.

In a case where the accused jumped upon a woman and threw her to the ground, although the accused raise
skirts, the accused did not make any effort to remove her underwear. Instead, he removed his own underwea
placed himself
stood up on top
and left. Theofcrime
the woman and started
committed is only performing sexual movements.
acts of lasciviousness Thereafter,
and not attempted whenThe
rape. he was
fact finishe
that
not remove the underwear of the victim indicates that he does not have a real intention to effect a penetratio
was only to satisfy a lewd design.

The new law, R.A. 8353, added new circumstance – that is, when carnal knowledge was had by means of fraud
machinations or grave abuse of authority. It would seem that if a woman of majority age had sexual intercourse
a man through the latter’s scheme of pretending to marry her which is the condition upon which the woman agre
have sex with him, manipulating a sham marriage, the man would be guilty of Rape under this Section. So a
prostitute who willingly had sexual congress with a man upon the latter’s assurance that she would be
handsomely, may be guilty of Rape if later on he refuses to pay the said amount.

Related titles A person in authority who maneuvered a scheme where a woman landed in jail, and who upon promi


being released after having sex with the officer, willingly consented to th e sexual act, may also be found guilty of
under this new section.

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In Rape cases, court must always be guided by the following principles:

1. An accusation of rape can be made with facility; it is difficult to prove, but more difficult for the person acc
though innocent, to disprove;
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In view of the intrinsic nature crime where only two persons document
are usually involved, the testimony o
complainant must be scrutinized with extreme caution; and
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3. The evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength
the weakness of the evidence for the defense. (People vs. Ricafort)
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