criminal law reviewer book2 (1)

8/12/2019 CRIMINAL LAW REVIEWER book2 (1)

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TITLE ONEI. CRIMES AGAINST NATIONAL SECURITY

Article 114

ELEMENTS OF TREASON:a. That the offender owes allegiance to the Government of the Philippinesb. That there is a war in which the Philippines is involvedc. That the offender either d. Levies war against the government,

1. breech of allegiance2. actual assembling of men3. for the purpose of eecuting a reasonable design

e. !dheres to the enemies, giving them aid and comfort1. breech of allegiance2. adherence3. giving aid or comfort to the enem"

#a"s of proving treason$a. 2 witnesses testif"ing to same overt act

Example$ % saw arms landed in La &nion and loaded into a motor vehicle. !t thisstage, not sufficient to convict "et. ' later saw the arms unloaded in awarehouse. #ill % ( ' be sufficient witnesses to convict) !nswer$ *+. ecausethe law re-uires that 2 witnesses see the !/0 +0T !T.

b. onfession of the accused in open court. !rraignment, pre4trial, trial +5.1. 6f he has pleaded *+T guilt" alread" during arraignment, he can still confess

in open court b" stating the particular acts constituting treason.2. 7uring trial, simpl" sa"ing 869m guilt": is not enough.3. #ithdrawing plea of 8not guilt": during arraignment not necessar";. 6f during arraignment he pleads guilt", court will as< if the accused

understands is plea. ubmission of affidavit during trial, even if assisted b"counsel is not enough.

Treason$ breach of allegiance to the government, committed b" a person who owes

allegiance to it. !llegiance$ obligation of fidelit" and obedience. 6t is permanent ortemporar" depending on whether the person is a citi=en or an alien.

0vident premeditation, superior strength and treacher" are circumstances inherent in

treason, and are, therefore, not aggravating.

Treason cannot be committed in times of peace, onl" in times of war actual

hostilities. ut no need for declaration of war

Lev"ing of war$ a> that there be an actual assembling of men? b> for the purpose of

eecuting a treasonable design b" force @deliver the countr" in whole or in part to the

enem"> *ot Treasonous$

a. !cceptance of public office and discharge of official duties under the enem"does not constitute per se the felon" of treason @eception$ when it is polic"determining>

b. erving in a puppet government @ministerial functions> and in order to servethe populace is *+T treasonous. ut it is treason if$ a> there is discretioninvolved? b> inflicts harm on Ailipinos? c> it is disadvantageous to them.

c. Purpose of offender$ to deliver the Philippines to enem" countr"? if merel" tochange officials not treason

+n iti=enship

a. Ailipino citi=ens can commit treason outside the Philippines. ut that of an

alien must be committed in the Philippines.b. +nl" Ailipino citi=ens or permanent resident aliens can be held liablec. !lien$ with permanent resident status from the 67 it is neither the length of

sta" in the Philippines nor the marriage with a Ailipino that matters.

Treason cannot be proved b" circumstantial evidence or b" etra4Budicial confession

of the accused

!ctual hostilities ma" determine the date of the commencement of war

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*o such thing as attempted treason? mere attempt consummates the crime

Giving aid or comfort material element, enhances forces of the enem" countr". !cts

which strengthen or tend to strengthen the enem" in the conduct of war against thetraitor9s countr" or that which wea one witness? @2> from the nature of the act itself?

@3> from the circumstances surrounding the act.

Treason is a +*T6*&6*G 6/0. 0ven after the war, offender can be prosecuted.

6f "ou convict a person for treason b" reason of irresistible force or uncontrollable

fear, "ou ma" use !rt.12. *o treason through negligence

#hen


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)!t!$r#)s !r !t)er #t# !+ # c!"+ie"ti#l "#t*re rel#ti,e t! t)e e+e"se !+ t)eP)ilii"es.

ELEMENTS:

a. 1. That the offender enters an" of the places mentioned therein2 2. That he has no authorit" therefore?

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

Esi!"#$e %& iscl!si"$ t! t)e rerese"t#ti,e !+ # +!rei$" "#ti!" t)e c!"te"ts !+t)e #rticles' #t#' !r i"+!r-#ti!" re+erre t! i" #r#$r#) 1 !+ Article 117' ()ic) )e)# i" )is !ssessi!" %& re#s!" !+ t)e *%lic !++ice )!ls

a. ELEMENTS:That the offender is a public officerb. That he has in his possession the articles, data or information referred to in par 1

of art 11E, b" reason of the public office he holdsc. That he discloses their contents to a representative of a foreign nation

Purpose$ to gather data

0spionage$ the offense of gathering, transmitting, or losing information respecting the

national defense with the intent or reason to believe that the information is to be usedto the inBur" of the Philippines or the advantage of an" foreign nation. 6t is notconditioned on citi=enship.

*ot necessar" that Philippines is at war with the countr" to which the information was

revealed. #hat is important is that the information related is connected with thedefense s"stem of the Philippines.

#iretapping is *+T espionage if the purpose is not something connected with the

defense

ee ! F1F

II. CRIMES AGAINST LA/S OF NATIONS

Article 110INCITING TO /AR OR GIING MOTIES FOR REPRISALS

ELEMENTS:

a. That the offender performs unlawful or unauthori=ed actsb. That such acts provo


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ELEMENTS:a. That it is in time of war in which the Philippines is involvedb. That the offender ma must be owing allegiance to the

governmentc. That the offender attempts to flee or go to enem" countr"

d. That going to enem" countr" is prohibited b" competent authorit" /ere attempt consummates the crime

There must be a prohibition. 6f none, even if went to enem" countr" no violation

!lien resident ma" be guilt" here.

Article 133PIRACY

2 #a"s of ommitting Pirac"

a. " attac

b. " sei=ing the whole or part of the cargo of said vehicles, its e-uipment orpersonal belongings of its complement or passengers

Ele-e"ts:

a. That a vessel is on the high seasCPhilippine watersb. That the offenders are not members of its complement or passengers of the

vesselc. That the offenders

1. attac< or sei=e that vessel or @hence, if committed b" crew or passengers, thecrime is not pirac" but robber" in the high seas>

2. sei=e the whole or part of the cargo of said vessel, its e-uipment or personalbelongings of its complement or passengers

igh seas$ an" waters on the sea coast which are without the boundaries of the low

water mar< although such waters ma" be in the Burisdictional limits of a foreign gov9t P7 H32 has been alread" repealed

Pirac" in high seas Burisdiction is with an" court where offenders are found or

arrested

Pirac" in internal waters Burisdiction is onl" with Philippine courts

Aor purpose of !nti4Aencing Law, pirac" is part of robber" and theft

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Pir#c& M*ti"&

obber" or forcible degradation on thehigh seas, without lawful authorit" anddone with animo furandi and in the spiritand intention of universal hostilit".

&nlawful resistance to a superior officer, orthe raising of commotion and disturbanceson board a ship against the authorit" of itscommander

6ntent to gain is an element.!ttac< from outside. +ffenders arestrangers to the vessel. @this is thestanding rule with the repeal of P7 H32which made it possible for an" person tocommit pirac" including a passenger orcomplement of the vessel>.

!ttac< from the inside.

Article 1389UALIFIE PIRACY

CIRCUMSTANCES:

a. #henever the" have sei=ed a vessel b" boarding or firing upon the sameb. #henever the pirates have abandoned their victims without means of saving

themselvesc. #henever the crime is accompanied b" murder, homicide, ph"sical inBuries, or

rape. @the above ma" result to -ualified mutin">

ParricideCinfanticide should be included @Dudge Pimentel>

*ote the new rape law. 7eath is imposed in certain t"pes of rape

There is a conflict between this provision and the provision on rape. 0. 6f rape is

committed on someone below E death under the new rape law. ut if rapecommitted on someone below E during the time of pirac" P to death.6rreconcilable.

/urderCrapeChomicideCph"sical inBuries must have been committed on thepassengers or complement

TITLE T/O

I. CRIMES AGAINST TE FUNAMENTAL LA/S OF TE STATE

Cl#sses !+ Ar%itr#r& ete"ti!":a. " detaining a person without legal groundb. 7ela" in the deliver" of detained persons to the proper Budicial authoritiesc. 7ela"ing release

Article 134ARITRARY ETENTION

ELEMENTS:

a. That the offender is a public officer or emplo"ee @whose official duties include theauthorit" to ma.

b. That he detains a person @actual restraint>.c. That the detention was without legal grounds @cannot be committed if with

warrant>.

7etention$ when a person is placed in confinement or there is a restraint on his

person.

Though the elements specif" that the offender be a public officer or emplo"ee,private individuals who conspire with public officers can also be liable.

Legal grounds for the detention of an" person$

a. commission of a crimeb. violent insanit" or other ailment re-uiring compulsor" confinement of the patient

in a hospital

#ithout legal grounds$

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a. he has not committed an" crime or no reasonable ground of suspicion that hehas committed a crime

b. not suffering from violent insanit" or an" other ailment re-uiring compulsor"confinement in a hospital

5now grounds for warrantless arrest$

a. rime is about to be, is being, has been committed

b. +fficer must have reasonable

Example:' was

!rticle does not appl" when arrest is via a warrant of arrest

6f offender is a private person, crime is illegal detention

!rbitrar" 7etention @12;> 7ela" in 7eliver" of 7etained @12H>

7etention is illegal from the beginning. 7etention is legal in the beginning, but illegalit"

starts from the epiration of the specifiedperiods without the persons detained havingbeen delivered to the proper Budicial authorit".

Article 136ELAYING RELEASE

ELEMENTS:

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a. That the offender is a public officer or emplo"eeb. That there is a Budicial or eecutive order for the release of a prisoner or

detention prisoner, or that there is a proceeding upon a petition for the liberationof such person

c. That the offender without good reason dela"s$1. the service of the notice of such order to the prisoner, or

2. the performance of such Budicial or eecutive order for the release of theprisoner, or

3. the proceedings upon a petition for the release of such person

Three acts are punishable$

a. dela"ing the performance of a Budicial or eecutive order for the release of aprisoner

b. dela"ing the service of notice of such order to said prisonerc. dela"ing the proceedings upon an" petition for the liberation of such person

#ardens and Bailers are the persons most li$

a. offense committed at nighttimeb. papers or effects not constituting evidence of a crime be not returned

immediatel"

6f the offender who enters the dwelling against the will of the owner thereof is aprivate individual, the crime committed is trespass to dwelling @!rt 2IJ>

#hen a public officer searched a person 8outside his dwelling: without a search

warrant and such person is not legall" arrested for an offense, the crime committedb" the public officer is grave coercion, if violence or intimidation is used @!rt 2IF>, orunBust veation, if there is no violence or intimidation @!rt 2IE>

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! public officer without a search warrant cannot lawfull" enter the dwelling against

the will of the owner, even if he

alidit" of the search warrant can be -uestioned onl" in 2 courts$ where issued or

where the case is pending. Latter is preferred for obBective determination.

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Article 181PROIITION' INTERRUPTION' AN ISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:

a. +ffender is a public officer or emplo"eeb. e performs an" of the ff. acts$

1. prohibiting or interrupting, without legal ground the holding of a peacefulmeeting, or dissolving the same @e.g. denial of permit in arbitrar" manner>.

2. hindering an" person from Boining an" lawful association or from attendingan" of its meetings

prohibiting or hindering an" person from addressing, either alone or together with

others, an" petition to the authorities for the correction of abuses or redress ofgrievances

6f the offender is a private individual, the crime is disturbance of public order @!rt 1H3>

/eeting must be peaceful and there is no legal ground for prohibiting, dissolving or

interrupting that meeting

/eeting is subBect to regulation

+ffender must be a stranger, not a participant, in the peaceful meeting? otherwise, it9sunBust veation

6nterrupting and dissolving a meeting of the municipal council b" a public officer is a

crime against the legislative bod", not punishable under this article

The person tal


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b. That the acts must be notoriousl" offensive to the feelings of the faithful@deliberate intent to hurt the feelings>

c. The offender is an" persond. There is a deliberate intent to hurt the feelings of the faithful, directed against

religious tenet

6f in a place devoted to religious purpose, there is no need for an ongoing religious

ceremon" 0ample of religious ceremon" @acts performed outside the church>. Processions

and special pra"ers for bur"ing dead persons but *+T pra"er rallies

!cts must be directed against religious practice or dogma or ritual for the purpose of

ridicule, as moc

rime against the

fundamental law ofthe state

Public officers,

+utsiders

6f not b" public officer

tumults

6nterruption ofeligious#orship @132>

rime against thefundamental law ofthe state

Public officers,+utsiders

6f b" insider unBustveation6f not religious tumult oralarms6f not notoriousl" offensive unBust veation

+ffending theeligious Aeeling

@133>

rime againstpublic order

Public officers,private persons,

outsiders

6f not tumults alarmsand scandal

6f meeting illegal at onset inciting to sedition orrebellion

TITLE TREEI. CRIMES AGAINST PULIC ORER

Article 184REELLION OR INSURRECTION

ELEMENTS:

a. That there be

1. public uprising and2. ta

b. That the purpose of the uprising or movement is either1. to remove from the allegiance to said government or its laws 3 i. the territor" of the Philippines or an" part thereof, or; ii. an" bod" of land, naval or other armed forces, or2 To deprive the chief eecutive or congress, wholl" or partiall", of an" of their

powers or prerogatives

Persons liable for rebellion

a. !n" person who$ 1. promotes 2. maintains, or 3. heads a rebellion or insurrection? or

b. !n" person who, while holding an" public office or emplo"ment, ta?

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;. !n" person merel" participating or eecuting the command of others inrebellion

uccess is immaterial, purpose is alwa"s political

ebellion used where the obBect of the movement is completel" to overthrow and

supersede the eisting government

6nsurrection refers to a movement which see


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@13;4!>

*ature ofrim

e

rime against*ational ecurit"

rime againstPublic +rder

rimeagainstPublic +rder

rime againstPublic +rder

+vert!cts

lev"ing war against the gov9t? +adherence andgiving aid or comfort toenemies

Public uprising !*7Ta


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b. Aor an" of the purposes of rebellionc. Proposes its eecution to some other personCs

+rgani=ing a group of soldiers, soliciting membership in, and soliciting funds for the

organi=ation show conspirac" to overthrow the gov9t

The mere fact of giving and rendering speeches favoring ommunism would not

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3. to inflict an" act or hate or revenge upon the person or propert" of an" publicofficer or emplo"ee

;. to commit for an" political or social end, an" act of hate or revenge againstprivate persons or an" social class @hence, even private persons ma" beoffended parties>

H. to despoil, for an" political or social end, an" person, municipalit" or province,

or the national government of all its propert" or an" part thereof edition$ raising of commotion or disturbances in the tate. 6ts ultimate obBect is a

violation of the public peace or at least such measures that evidentl" engenders it.

7ifference from rebellion obBect or purpose of the surprising. Aor sedition

sufficient that uprising is tumultuous. 6n rebellion there must be ta

7ifferent acts of inciting to sedition$

a. 6nciting others to the accomplishment of an" of the acts which constitute sedition

b" means of speeches, proclamations, writings, emblems etc.b. &ttering seditious words or speeches which tend to disturb the public peace orwriting, publishing, or circulating scurrilous Ovulgar, mean, libelous libels againstthe government or an" of the dul" constituted authorities thereof, which tend todisturb the public peace

c. 5nowingl" concealing such evil practices

#hen punishable$

a. when the" tend to disturb or obstruct an" lawful officer in eecuting the functionsof his office? or

b. when the" tend to instigate others to cabal and meet together for unlawfulpurposes

c. when the" suggest or incite rebellious conspiracies or riots? or

d. when the" lead or tend to stir up the people against the lawful authorities or todisturb the peace of the communit", the safet" and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 148ACTS TENING TO PREENT TE MEETING OF CONGRESS AN SIMILAROIES

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ELEMENTS:

a. That there be a proBected or actual meeting of ongress or an" of its committeesor subcommittees, constitutional commissions or committees or division thereof,or of an" provincial board or cit" or municipal council or board

b. That the offender who ma" be an" persons prevents such meeting b" force or

fraud hief of Police and ma"or who prevented the meeting of the municipal council are

liable under !rt 1;3, when the defect of the meeting is not manifest and re-uires aninvestigation before its eistence can be determined.

Article 144ISTURANCE OF PROCEEINGS

ELEMENTS:

a. That there be a meeting of ongress or an" of its committees, constitutionalcommissions or committees or divisions thereof, or of an" provincial board or cit"or municipal council or board

b. That the offender does an" of the following acts1. he disturbs an" of such meetings2. he behaves while in the presence of an" such bodies in such a manner as to

interrupt its proceedings or to impair the respect due it

omplaint must be filed b" member of the Legislative bod". !ccused ma" also be

punished for contempt.

Article 145IOLATION OF PARLIAMENTARY IMMUNITY

!cts punishable$

a. " using force, intimidation, threats, or frauds to prevent an" member ofongress from 1. attending the meeting of the assembl" or an" of its committees, constitutional

commissions or committees or divisions thereof, or from2. epressing his opinions or3. casting his vote

b. " arresting or searching an" member thereof while ongress is in a regular orspecial session, ecept in case such member has committed a crime punishableunder the code b" a penalt" higher than prision ma"or0lements$1. That the offender is a public officer or emplo"ee2. That he arrests or searches an" member of ongress

3. That ongress, at the time of arrest or search, is in a regular or specialsession;. That the member searched has not committed a crime punishable under the

code b" a penalt" higher than prision ma"or @1KIE constitution$ privilege fromarrest while congress in session in all offenses punishable b" not more than F"ears imprisonment>.

!rticle partl" inoperative because of the 1KIE onstitution

.III. ILLEGAL ASSEMLIES AN ASSOCIATIONS

Article 146ILLEGAL ASSEMLIES

Two @2> T"pes of illegal assemblies$

a. /eeting of the first form1. /eeting, gathering or group of persons whether in a fied place or moving2. purpose $ to commit an" of crimes punishable under the code3. meeting attended b" armed persons

b. /eeting of the second form1. /eeting, gathering or group of persons whether in a fied place or moving

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2. !udience whether armed or not, is incited to the commission of the crime oftreason, rebellion or insurrection, sedition or direct assault.

*ot all the persons present at the meeting of the first form of illegal assembl" must

be armed

Persons liable for illegal assembl"

a. the organi=ers or leaders of the meetingb. persons merel" present at the meeting @ecept when presence is out of curiosit"

not liable>

esponsibilit" of persons merel" present at the meeting

a. if the" are not armed, penalt" is arresto ma"orb. if the" carr" arms, li 6llegal !ssociation @1;E>

/ust be an actual meeting of armed

persons to commit an" of the crimespunishable under the P, or of individualswho, although not armed, are incited to thecommission of treason, rebellion, seditionor assault upon a person in authorit" of hisagent.

*o need for such

6t is the meeting and the attendance at suchthat are punished

!ct of forming or organi=ing andmembership in the association

Persons liable$ leaders and those present Aounders, directors, president andmembers

I. ASSAULT' RESISTANCE AN ISOEIENCE

Article 140IRECT ASSAULT

ELEMENTS OF TE 1STFORM OF IRECT ASSAULT

a. That the offender emplo"s force or intimidation.b. That the aim of the offender is to attain an" of the purposes of the crime of

rebellion or an" of the obBects of the crimes of sedition. @victim need not beperson in authorit">

c. That there is no public uprising.

ELEMENTS OF TE 3NFORM OF IRECT ASSAULT:

a. That the offender @a> ma.

d. That the offender


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!lwa"s compleed with the material conse-uence of the act @e.g. direct assault with

murder> ecept if resulting in a light felon", in which case, the conse-uence isabsorbed

itting the policeman on the chest with fist is not direct assault because if done

against an agent of a person in authorit", the force emplo"ed must be of seriouscharacter

The force emplo"ed need not be serious when the offended part" is a person in

authorit" @e. La"ing of hands>

The intimidation or resistance must be serious whether the offended part" is an

agent onl" or a person in authorit" @e. Pointing a gun>

Aorce 0mplo"ed 6ntimidationCesistancePerson in !uthorit" *eed not be serious erious

!gent /ust be of serious character erious

Person in authorit"$ an" person directl" vested with Burisdiction @power or authorit" to

govern and eecute the laws> whether as an individual or as a member of some

court or governmental corporation, board or commission ! baranga" captain is a person in authorit", so is a 7ivision uperintendent of

schools, President of anitar" 7ivision and a teacher

!gent$ is one who, b" direct provision of law or b" election or b" appointment b"

competent authorit", is charged with the maintenance of public order and theprotection and securit" of life and propert". @0ample. arrio councilman and an"person who comes to the aid of the person in authorit", policeman, municipaltreasurer, postmaster, sheriff, agents of the 6, /alacaQang confidential agent>

0ven when the person in authorit" or the agent agrees to fight, still direct assault.

#hen the person in authorit" or the agent provo$

a. when the assault is committed with a weaponb. when the offender is a public officer or emplo"eec. when the offender la"s hand upon a person in authorit"

omple crime of direct assault with homicide or murder, or with serious ph"sical

inBuries.

7irect assault cannot be committed during rebellion.

Article 142INIRECT ASSAULT

ELEMENTS:

a. That a person in authorit" or his agent is the victim of an" of the forms of directassault defined in !T. 1;I.

b. That a person comes to the aid of such authorit" or his agent.c. That the offender ma. 0ample. !iding a policeman under attac


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Acts *"is)#%le:

a. refusing without legal ecuse to obe" summonsb. refusing to be sworn or placed under affirmationc. refusing to answer an" legal in-uir" to produce boo

ELEMENTS:

a. That an agent of a person in authorit" is engaged in the performance of officialdut" gives a lawful order to the offender.

b. That the offender disobe"s such agent of a person in authorit".c. That such disobedience is not of a serious nature.

7irect !ssault @1;I> esistant and 7isobedience to a Person in!uthorit" or !gents of such Person @1H1>

P6! or his agent must be engaged in theperformance of official duties or that heis assaulted

P6! or his agent must be in the actualperformance of his duties.

7irect assault is committed in ; wa"s b" attac


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law or ordinance and charged with the maintenance of public order, protection andthe securit" of life, propert", or the maintenance of a desirable and balancedenvironment, and an" baranga" member who comes to the aid of persons inauthorit" shall be deemedAGE&' o( persons in aut$orit%.

. CRIMES AGAINST PULIC ISORERS

Article 158

TYPES OF TUMULTS AN OTER ISTURANCES OF PULIC ORER:

a. ausing an" serious disturbance in a public place, office or establishmentb. 6nterrupting or disturbing public performances, functions, gatherings or peaceful

meetings, if the act is not included in !rt 131 and 132 @Public +fficers interruptingpeaceful meetings or religious worship>.

c. /a.

harivari moc< serenade or discordant noises made with


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Airearm must not be pointed at a person, otherwise, it is illegal discharge

#hat governs is the result, not the intent

6/0 *ature of rime #ho are LiableTumults and other 7isturbances @1H3>

rime against Public +rder Private persons,outsider

!larms and candals @1HH> rime against Public +rder Private persons,outsider

Article 156

ELEMENTS OF ELIERING PRISONERS FROM @AILS:

a. That there is a person confined in a Bail or penal establishment.b. That the offender removes therefor such person, or helps the escape of such

person @if the escapee is serving final Budgement, he is guilt" of evasion ofsentence>.

c. +ffender is a private individual

Prisoner ma" be detention prisoner or one sentenced b" virtue of a final Budgment

! policeman assigned to the cit" Bail as guard who while off4dut" released a prisoneris liable here

6t ma" be committed through negligence

ircumstances -ualif"ing the offense is committed b" means of violence,

intimidation or briber".

/itigating circumstance if it tac. That he evades the service of his sentence b" escaping during the term if his

sentence. @fact of return immaterial>.

! continuing offense.

+ffenders not minor delin-uents nor detention prisoners

6f escaped within the 1H da" appeal period no evasion

*o applicable to deportation as the sentence

Alims" ecuse for violating destierro not acceptable

ircumstances -ualif"ing the offense @done thru>$

a. unlawful entr" @b" 8scaling:>b. brea


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d. That the offender fails to give himself up to the authorities within ;I hoursfollowing the insurance of a proclamation b" the chief eecutive announcingthe passing awa" of such calamit".

Penalt"$ an increase b" 1CH of the time remaining to be served under the original

sentence, in no case to eceed F months.

+ffender must escape to be entitled to allowance

/utin" organi=ed unlawful resistance to a superior officer, a sedition, a revolt

7isarming the guards is not mutin"

Article 152IOLATION OF CONITIONAL PARON

ELEMENTS:

a. That the offender was a convict.b. That he was granted a conditional pardon b" the chief eecutive.c. That he violated an" of the conditions of such pardon.

ondition etends to special laws violation of illegal voting

+ffender must have been found guilt" of the subse-uent offense before he can beprosecuted under this !rticle. ut if under evised !dmin ode, no convictionnecessar". President has power to arrest, reincarnate offender without trial

6+L!T6+* +A P!7+* +76*!' 0!6+*

6nfringement of conditionsCterms ofPresident

To evade the penalt" given b" the courts disturbs the public order

Two penalties provided$

a. prision correccional in its minimum period if the penalt" remitted does noteceed F "ears

b. the unepired portion of his original sentence if the penalt" remitted is higher

than F "ears

II. COMMISSION OF ANOTER CRIME

Article 16COMMISSION OF ANOTER CRIME URING SERICE OF PENALTY IMPOSEFOR ANOTER PREIOUS OFFENSE

ELEMENTS

a. That the offender was alread" convicted b" final Budgement of one offense.b. That he committed a new felon" before beginning to serve such sentence or

while serving the same. Nuasi4recidivism $ a person after having been convicted b" final Budgement shall

commit a new felon" before beginning to serve such sentence, or while serving thesame.

econd crimes must belong to the P, not special laws. Airst crime ma" be either

from the P or special laws

eiteracion$ offender shall have served out his sentence for the prior offense

! -uasi4recidivist ma" be pardoned at age EJ. 0cept$ &nworth" or abitual

7elin-uent

6f new felon" is evasion of sentence offender is not a -uasi4recidivist

Penalt"$ maimum period of the penalt" for the new felon" should be imposed

@mitigating circumstance can onl" be appreciated if the maimum is divisible> Nuasi4ecidivism ma" be offset b" a special privileged mitigating circumstance @e.

/inorit">

TITLE FOURI. CRIMES AGAINST PULIC INTEREST

Article 161

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TYPES OF COUNTERFEITING GREAT SEAL OF GOERNMENT:

a. Aorging the great seal of the Governmentb. Aorging the signature of the Presidentc. Aorging the stamp of the President

#hen the signature of the President is forged, it is not falsification but forging of

signature under this article

ignature must be forged, others signed it not the President.

Article 163

USING FORGE SIGNATURE OR COUNTERFEIT SEAL OR STAMP:

a. That the great seal of the republic was counterfeited or the signature orstamp of the chief eecutive was forged b" another person.

b. That the offender such as to deceive an ordinar" person in believing it to be genuine

&tter to pass counterfeited coins, deliver or give awa"

6mport to bring to port the same

oth Philippine and foreign state coins

!pplies also to coins withdrawn from circulation

0ssence of article$ ma


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Possession does not re-uire legal tender in foreign coins

6ncludes constructive possession

ead ! ;2E

Article 166

FORGING TREASURY OR AN NOTES B IMPORTING AN UTTERING

!cts punishable$

a. Aorging or falsit" of treasur"Cban< notes or documents pa"able to bearerb. 6mporting of such notesc. &ttering of such false or forged obligations and notes in connivance with

forgers and importers

Aorging b" giving a treasur" or ban< note or document pa"able to bearerCorder an

appearance of a true and genuine document

Aalsification b" erasing, substituting, counterfeiting or altering b" an" means the

figures and letters, words, signs contained therein

0.g. falsif"ing lotto or sweepsta alters the same.c. That he has no proper authorit" therefor.d. That the alteration has changed the meaning of the document.

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!ccused must not be a public official entrusted with the custod" or possession of

such document otherwise !rt 1E1 applies .

Article 171FALSIFICATION OF OCUMENTS Y PULIC OFFICER' EMPLOYEE' OR NOTARYOR ECCLESTASTICAL MINISTER

ELEMENTS:

a. That the offender is a public officer, emplo"ee, or notar" public.b. That he ta


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d. 6n case the offender is an ecclesiastical minister, the act of falsification iscommitted with respect to an" record or document of such character that itsfalsification ma" affect the civil status of persons.

There is no crime of attempted or frustrated falsification of public document

Persons liable public officer, emplo"ee or notar" public or ecclesiastical minister

6f offender does not ta ELEMENTS

a. That the offender is a private individual or a public officer or emplo"ee whodid not ta

c. That the falsification caused damage @essential element? hence, no crime ofestafa thus falsification of private document> to a third part" or at least thefalsification was committed with intent to cause such damage.

*ot necessar" that the offender profited or hoped to profit from the falsification

! document falsified as a necessar" means to commit another crime must be public,

official or commercial

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There is no comple crime of estafa through falsification of a private document

because the immediate effect of the latter is the same as that of estafa

6f the estafa was alread" consummated at the time of the falsification of a private

document was committed for the purpose of concealing the estafa, the falsification isnot punishable, because as regards the falsification of the private document therewas no damage or intent to cause damage.

! private document ma" ac-uire the character of a public document when it

becomes part of an official record and is certified b" a public officer dul" authori=edb" law

The crime is falsification of public documents even if falsification too< place before

the private document becomes part of the public records

USE OF FALSIFIE OCUMENT =#r. 8' #rt. 173>

ELEMENTS:

a. 6ntroducing in a Budicial proceeding$1. That the offender

b. &se in an" other transaction1. that the offender .;. That the use of the documents caused damage to another or at least was

used with intent to cause such damage.

The user of the falsified document is deemed the author of falsification, if$

a. the use is so closel" connected in time with the falsification

b. the user had the capacit" of falsif"ing the document

Aalsification of Private 7ocuments Aalsification of PublicC+fficial 7ocuments

PreBudice to third part" is an elementof the offense.

PreBudice to third persons is immaterial, what ispunished is the violation of public faith andperversion of truth which the documentproclaims.

Article 178FALSIFICATION OF /IRELESS' CALE' TELEGRAP' AN TELEPONEMESSAGES' AN USE OF SAI FALSIFIE MESSAGES

!cts punishable$1. &ttering fictitious, wireless, telegraph or telephone message

e-uisites$a. That the offender is an officer or emplo"ee of the government or an officer

or emplo"ee of a private corporation, engaged in the service of sending orreceiving wireless, cable or telephone message.

b. That the accused commits an" of the following acts$- uttering fictitious wireless, cable, telegraph, or telephone message, or- falsif"ing wireless, cable, telegraph, or telephone message

2. Aalsif"ing wireless, telegraph or telephone messagee-uisites$a. That the offender is an officer or emplo"ee of the government or an officer

or emplo"ee of a private corporation, engaged in the service of sending orreceiving wireless, cable or telephone message.

b. That the accused commits an" of the following acts$- uttering fictitious wireless, cable, telegraph, or telephone message, or- falsif"ing wireless, cable, telegraph, or telephone message

3. &sing such falsified messagee-uisites$

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a. That the accused


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c. to an" public office

Article 170USING FICTITIOUS NAME AN CONCEALING TRUE NAME

ELEMENTS =*si"$ +ictiti!*s "#-e> :

a. That the offender uses a name other than his real name.

b. That he uses that fictitious name publicl".c. That the purpose of the offender is

1. To conceal a crime,2. To evade the eecution of a Budgment, or3. To cause damage to public interest. @e. igning fictitious name for a

passport>

ELEMENTS =c!"ce#li"$ tr*e "#-e>:

a. that the offender conceals 1. his true name, and2. all other personal circumstances.

b. that the purpose is onl" to conceal his identit".

&se of Aictitious *ame @1EI> oncealing True *ame @1EI>

0lement of publicit" must be present Publicit" not necessar"Purpose is to conceal a crime, to evade theeecution of a Budgement, or to cause damage

Purpose is to conceal identit"

Article 172

ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:

a. That the offender ma. The falsetestimon" need not influence the ac-uittal

! defendant who voluntaril" goes up on the witness stand and falsel" imputes the

offense to another person the commission of the offense is liable under this article. 6fhe merel" denies the commission of the offense, he is not liable.

asis of penalt"$ gravit" of the felon" charged against the defendant

Article 103

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ELEMENTS OF FALSE TESTIMONY IN CIIL CASES:

a. That the testimon" must be given in a civil case.b. That the testimon" must relate to the issues presented in said case.c. That the testimon" must be false.d. That the false testimon" must be given b" the defendant


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Article 105

ELEMENTS OF MACINATIONS IN PULIC AUCTION:

a That there be a public auction.b That the accused solicited an" gift or a promise from an" of the bidders.c That such gifts or promise was the consideration for his refraining from ta


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6mportation of prohibitedCregulated drugs.

ale, administration, deliver", distribution and transaction of prohibitedCregulated

drugs.)uali(%in* Circumstances if the victim of the offense is a minor or should aprohibitedCregulated drug involve in an" offense under this section be the proimatecause of the death of a victim thereof, the maimum penalt" herein shall be imposed.

/aintenance of a den, dive, or resort for prohibitedCregulated drug users.

)uali(%in* Circumstance where a prohibitedCregulated drug is administered,delivered, or sold to a minor who is allowed to use the same in such place, or shoulda prohibited drug be the proimate cause of the death of the person using the samein such den, dive or resort, the maimum of the penalt" shall be imposed.

/anufacture of prohibitedCregulated drugs.

Possession of prohibitedCregulated drugs.

ultivation of plants which are sources of prohibited drugs.

a *ote:The landCportions thereof andCor greenhouses in which an" of the saidplants is cultivated or cultured shall be confiscated and escheated to the tate,

unless the owner thereof can prove that he did not


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#s s*c)' #re ,este (it) t)e !(er t! #re)e"' #rrest' !r c#*se t)e#re)e"si!" !r #rrest !+ #"& ers!" ()! s)#ll ,i!l#te #"& !+ t)e s#ir!,isi!".

a. *+T0$ The" shall be considered as persons in authorit" id the" are in theschool or within its immediate vicinit", or be"ond such immediate vicinit" of

the" are in attendance in an" school or class function in their official capacit"as school heads, supervisors or teachers.

b. !n" teacher or school emplo"ee who discovers or finds that an" person in theschool or within its immediate vicinit" is violating this !ct shall have the dut"to report the violation to the school head or supervisor who shall, in turn,report the matter to the proper authorities. Aailure to report in either caseshall, after hearing, constitute sufficient cause for disciplinar" action. @ec.2I>

III. R*les:

a. oluntar" submission of a drug dependent to confinement, treatment andrehabilitation b" the drug dependent himself or through his parent, guardian orrelative within the ;thcivil degree of consanguinit" or affinit", in a center andcompliance with such conditions therefor as the 7angerous 7rugs oard ma"prescribe shall eempt from criminal liabilit" for possession or use of theprohibitedCregulated drug.

b. hould the drug dependent escape from the center, he ma" submit himself forconfinement within 1 wee< from the date of his escape, of his parent guardian orrelative ma", within the same period surrender him for confinement.

c. &pon application of the oard, the ourt shall issue an order for recommitment ifthe drug dependent does not resubmit himself for confinement or if he is not

surrendered for recommitment.d. 6f, subse-uent to such recommitment, he should escape again, he shall no longer

be eempt from criminal liabilit" for the use or possession of an" dangerous drug.e. 6f a person charged with an offense is found b" the fiscal or b" the ourt at an"

stage of the proceedings, to be a drug dependent, the fiscal or court as the casema" be, shall suspend all further proceedings and transmit records of the case tothe oard.

f. !fter his rehabilitation, he shall be prosecuted for such violation. 6n case ofconviction, the Budgement shall, if the accused is certified b" the treatment andrehabilitation center to have maintained good behavior, indicate that he shall begiven full credit for the period he was confined in the center.&+'E$ #hen the offense is possession or use of dangerous drugs and the

accused is not a recidivist, the penalt" thereof shall be deemed to have beenserved in the center upon his release therefrom.

g. The period of prescription of the offense charged shall not run during the timethat the respondentCaccused is under detention or confinement in a center.

h. e-uisites of suspension of sentence for first offense in a minor$1. 6f accused is a minor @under 1I "ears of age at the time of the commission of

the offense but not more than 21 "ears of age when the Budgement shouldhave been promulgated.

2. e has not been previousl" convicted of violating an" provision of this !ct orof the P or placed on probation. entence shall be deferred and the accused shall be placed on probation

under the supervision of the oard.

6n case of violation of conditions of pardon, court shall pronounceBudgement of conviction and he shall serve sentence.

6f accused did not violate conditions of probation, case shall be dismissed

upon epiration of the designated period.

*otes$

a ultivation of plants ec K land, portions of land, greenhouse on which an" ofthe plants is cultivated confiscated and escheated to the tate. &*L0$

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owner can prove that he had no 2. &nder the !, special aggravating circumstance if a crime has been

committed while the accused was high on drugs @P v. Ant$on% el*ar>3. 7eliver" or ale of Prohibited 7rugs the accused must be aware that what

he is selling or delivering was prohibited drug. ut the moment the fact of saleor deliver" is proved b" prosecution, the burden to prove that the accused isnot aware that drugs are prohibited falls on the defense @P v. Aranda>

;. P v. An*elito -analo burden of proving the authorit" to possess shabu is amatter of defense

H. P v. ilario -oscalin* court ma" tal Possession constructive or actual not necessar" to adduce the mar


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violation of probation pronounce sentence convict and serve

sentence no violation discharge him and dismiss the proceeding

if minor is drug dependent commit to a center for treatment and

rehabilitation

TITLE SI;I. CRIMES AGAINST PULIC MORALS

GAMLING@1KH4KK repealed b" P7s ;;K, ;I3 and 1FJ2 as amended>1. 6llegal coc2. etting, game4fiing or point shaving and machinations in sports contests @P7 ;3I>3. 6llegal gambling

PENALIING ETTING' GAME *o coc


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3. 6f the purpose is for the entertainment of foreign dignitaries or for tourists,or for returning bali


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b. those wCc serve no other purpose but to satisf" the mar


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/alfeasance 7oing of an act which a public officer should not have done

/isfeasance 6mproper doing of an act which a person might lawfull" do*onfeasance Aailure of an agent to perform his underta2. ill4will or revenge

3. briber"d. There must be evidence that the decision rendered is unBust. 6t is notpresumed

e. !buse of discretion or mere error of Budgment cannot li.

Article 35

ELEMENTS OF @UGMENT RENERE TROUG NEGLIGENCE:

a. +ffender is a Budgeb. enders a Budgment in a case submitted to him for decisionc. Dudgment is manifestl" unBust

d. 7ue to inecusable negligence or ignorance /anifestl" unBust Budgment$ one that is so contrar" to law that even a person having

meager or @b>


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

P0!6!6+*$ negligence and tolerance in the prosecution of an offense

There must be a dut" on the part of the public officer to prosecute or move for the

prosecution of the offender. *ote however, that a fiscal is under no compulsion to filean information based upon a complaint if he is not convinced that the evidencebefore him does not warrant filing an action in court

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

dut"

! public officer who harbors, conceals, or assists in the escape of an offender, when

it is his dut" to prosecute him is liable as principal in the crime of dereliction of dut" inthe prosecution of offenses. e is not an accessor"

!rticle not applicable to revenue officers

Article 32

ELEMENTS OF ETRAYAL OF TRUST Y AN ATTORNEY OR SOLICITOR @*+T

*00!6L' ! P&L6 +AA60 !LT+&G !LL L!#'0 !0 +AA60

+A T0 +&T>$a. ausing damage to client @preBudice is essential> either

1. b" an" malicious breach of professional dut", or2. b" inecusable negligence or ignorance.

b. evealing an" of the secrets of his client learned b" him in his professionalcapacit" @damage not necessar">

c. &nderta

Article 31

ELEMENTS OF IRECT RIERY:

a. That the offender be a public officer within the scope of !rt 2J3b. That the offender accepts an offer or promise or receives a gift or present b"

himself or through anotherc. That such offer or promise be accepted or giftCpresent received b" the public

officer @mere agreement consummates the crime>1. with a view to committing some crime @deliver" of consideration is not

necessar"> or2. in consideration of an eecution if an act which does not constitute a

crime, but the act must be unBust @deliver" of consideration is necessar">,or

3. to refrain from doing something which is his official dut" to dod. That the act which the offender agrees to perform or which he eecutes be

connected with the performance of his official duties Aor purposes of this article, temporar" performance of public functions is sufficient to

constitute a person a public officer. ! private person ma" commit this crime onl" inthe case in which custod" of prisoners is entrusted to him

!pplicable also to assessors, arbitrators, appraisal and claim commissioners, eperts

or an" other person performing public duties

annot be frustrated, onl" attempted or consummated.

riber" eists when the gift is$

a. voluntaril" offered b" a private personb. solicited b" the public officer and voluntaril" delivered b" the private personc. solicited b" the public officer but the private person delivers it out of fear of the

conse-uences should the public officer perform his functions @here the crime b"

giver is not corruption of public officials due to involuntariness> !ctual receipt of the gift is not necessar". !n accepted offer or promise of a gift is

sufficient. owever, if the offer is not accepted, onl" the person offering the gift isliable for attempted corruption of a public officer

The gift must have a value or capable of pecuniar" estimation. 6t could be in the form

of mone", propert" or services

3K


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6f the act re-uired of the public officer amounts to a crime and he commits it, he shall

be liable for the penalt" corresponding to the crime

The third t"pe of briber" and prevaricacion @art 2JI> are similar offenses, both

consisting of omissions to do an act re-uired to be performed. 6n direct briber"however, a gift or promise is given in consideration of the omission. This is notnecessar" in prevaricacion

riber" @21J> obber" @2K;>#hen the victim has committed acrime and gives mone"Cgift to avoidarrest or prosecution.

#hen the victim did not commit a crime and heis intimidated with arrest andCor prosecution todeprive him of his personal propert".

ictim parts with his mone" orpropert" voluntaril".

ictim is deprived of his mone" or propert" b"force or intimidation.

ANTI


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privilege, or advantage, or of a mere representative or dumm" of one who is notso -ualified or entitled.

11. 7ivulging valuable information of a confidential character, ac-uired b" his officeor b" him on account of his official position to unauthori=ed persons, or releasingsuch information in advance of its authori=ed release date.

b. !n" person having famil" or close personal relation with an" public official who shall

capitali=e or eploit or ta.This prohibition shall not appl" to$

1. !n" person who, prior to the assumption of office of an" of the above officialsto whom he is related, has been alread" dealing with the gov9t along thesame line of business?

2. !n" transaction, contract or application alread" eisting or pending at thetime of such assumption of public office?

3. !n" application filed b" him, the approval of which is not discretionar" on thepart of the official@s> concerned but depends upon compliance with re-uisitesprovided b" law, or rules or regulations issued pursuant to law?

;. !n" act lawfull" performed an official capacit" or in the eercise of aprofession.

e. !n" member of congress, during the term for which he has been elected, whoshall ac-uire or receive an" personal pecuniar" interest in an" specific

business enterprise which shall be directl" and particularl" favored orbenefited b" an" law or resolution authored b" him previousl" approved oradopted b" ongress during his term.

f. !n" public officer who shall fail to file a true, detailed and sworn statement ofassets and liabilities within 3J da"s after assuming office and thereafter on orbefore the 1Hthda" of !pril following the close of ever" calendar "ear, as wellas upon the epiration of his term of office, or upon his resignation orseparation from office @ec. E>.

66. Prima Aacie 0vidence of and 7ismissal due to uneplained #ealth @ec. I>

6f a public official has been found to have ac-uired during his incumbenc", whether in

his name or in the name of other persons, an amount of propert" andCor mone"

manifestl" out of proportion to his salar" and to his other lawful income. Properties in the name of the spouse and dependents of such public official ma" be

ta.

. Exceptions$ &nsolicited gifts or presents of small or insignificant value offered or givenas a mere ordinar" to.

;1


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Article 311

ELEMENTS OF INIRECT RIERY:

a. That the offender is a public officer.b. That he accepts gifts.

c. That the said gifts are offered to him b" reason of his office. The gift is given in anticipation of future favor from the public officer

There must be clear intention on the part of the public officer to ta


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d. That the accused had intent to defraud the government.

*otes$

a. The public officer must act in his official capacit"b. The felon" is consummated b" merel" entering into an agreement with an"

interested part" or speculator or b" merel" ma


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b. 0perts, arbitrators and private accountants in an" contract or transactionconnected with the estate or propert" in the approval, distribution oradBudication of which the" had acted.

c. Guardians and eecutors with respect to propert" belonging to their wardsor the estate.

*otes$

a. !ctual fraud is not necessar".b. !ct is punished because of the possibilit" that fraud ma" be committed or that

the officer ma" place his own interest above that of the Government or part"which he represents

AN ACT EFINING AN PENALIING TE CRIME OF PLUNERRA 70

I. 7efinition of Ill


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. Prescription of rime$The crime of plunder shall prescribe in 2J "ears. owever, the right of the tate

to recover properties unlawfull" ac-uired b" public officers from them or from theirnominees or transferees shall not be barred b" prescription, laches or estoppel.

III. MALERSATION OF PULIC FUNS OR PROPERTY

Article 317

ELEMENTS COMMON TO ALL ACTS MALERSATION OF PULIC FUNS OR

PROPERTY :a. That the offender be a public officer @or private person if entrusted with public

funds or connived with public officers>b. That he had the custod" or control of funds or propert" @if not accountable for

the funds, theft or -ualified theft>c. That those funds or propert" were public funds or propert" @even if private

funds if attached, sei=ed, deposited or commingled with public funds>d. That he$

1. !ppropriated the funds or propert"

2. Too< or misappropriated them3. onsented or, through abandonment or negligence, permitted an" other

person to ta 0stafa with !buse of onfidence @31H>

;H


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b. !dministrator or depositar" of funds or propert" that has been attached,sei=ed or deposited b" public authorit", even if owned b" a private individual

heriffs and receivers fall under the term 8administrator:

! Budicial administrator in charge of settling the estate of the deceased is not covered

b" the article

I. INFIELITY OF PULIC OFFICERS

Article 338

ELEMENTS OF CONNIING /IT OR CONSENTING TO EASION

a. That the offender is a public officer @on dut">.b. That he is charged with the conve"ance or custod" of a prisoner, either

detention prisoner or prisoner b" final Budgment.c. That such prisoner escaped from his custod"d. That he was in connivance with the prisoner in the latter9s escape

7etention prisoner$ refers to a person in legal custod", arrested for and charged with

some crime or public offense

The release of a detention prisoner who could not be delivered to Budicial authoritieswithin the time fied b" law is not infidelit" in the custod" of a prisoner. *either ismere lenienc" or lait" in the performance of dut" constitutive of infidelit"

There is real and actual evasion of service of sentence when the custodian permits

the prisoner to obtain a relaation of his imprisonment

Article 334

0L0/0*T +A 0!6+* T+&G *0GL6G0*0$

a. That the offender is a public officer.b. That he is charged with the conve"ance or custod" of a prisoner, either

detention prisoner or prisoner b" final Budgment.c. That such prisoner escapes through his negligence.

d. Penalt" based on nature of imprisonment The article punishes a definite lait" which amounts to deliberate non4performance of

a dut"

The fact that the public officer recaptured the prisoner who had escaped from his

custod" does not afford complete eculpation

The liabilit" of an escaping prisoner$

a. if he is a prisoner b" final Budgment, he is liable for evasion of service @art1HE>

b. if he is a detention prisoner, he does not incur criminal liabilit" @unlesscooperating with the offender>.

Article 335

ELEMENTS OF ESCAPES OF PRISONERS UNER TE CUSTOY OF APERSON NOT A PULIC OFFICER :

a. That the offender is a private person @note$ must be on dut">b. That the conve"ance or custod" 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 that the escape ta


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d. That damage, whether serious or not, to a third part" or to the public interestshould have been caused.

The document must be complete and one b" which a right could be established or

an obligation could be etinguished

oo

*otes$

a. ecret must affect public interestb. ecrets of a private individual is not included

c. 0spionage for the benefit of another tate is not contemplated b" the article.6f regarding militar" secrets or secrets affecting state securit", the crime ma"be espionage.

ELEMENTS OF PAR 3 B ELIERING /RONGFULLY PAPERS OR COPIES OF

PAPERS OF /IC E MAY AE CARGE AN /IC SOUL NOT EPULISE:

a. That the offender is a public officer.b. That he has charge of papers.

;I


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Article 384

ELEMENTS OF REFUSAL TO ISCARGE ELECTIE OFFICE:

a. That the offender is elected b" popular election to a public office.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 said office.

*ote$ 0ven if the person did not run for the office on his own will as the onstitution

provides that ever" citi=en ma" be re-uired to render service

Article 385

ELEMENTS OF MALTREATMENT OF PRISONERS:

a. That the offender is a public officer or emplo"ee.b. That he has under charge a prisoner or detention prisoner @otherwise the

crime is ph"sical inBuries>c. That he maltreats such prisoner in either of the following manners$

1. b" overdoing himself in the correction or handling of a prisoner ordetention prisoner under his charge either b" the imposition of punishments not authori=ed b" the regulations, or

b" inflicting such punishments @those authori=ed> in a cruel and

humiliating manner, or2. b" maltreating such prisoner to etort a confession or to obtain some

information from the prisoner.

The public officer must have actual charge of the prisoner in order to be held liable

To be considered a detention prisoner, the person arrested must be placed in Bail

even for Bust a short while

+ffender ma" also be held liable for ph"sical inBuries or damage caused

Article 386

ELEMENTS OF ANTICIPATION OF UTIES OF A PULIC OFFICE:

a. That the offender is entitled to hold a public office or emplo"ment, either b"election or appointment.

b. That the law re-uires that he should first be sworn in andCor should first give abond.

c. That he assumes the performance of the duties and powers of such office.d. That he has not ta


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c. misprision of treasond. espionagee. inciting to war or giving motives to reprisalsf. violation of neutralit"g. correspondence with hostile countr"h. flight to enem" countr"

i. pirac" and mutin" on the high seasB. rebellion 7ereliction of 7ut" @2JI>

There is actual abandonment throughresignation to evade the discharge of

duties.

Public officer does not abandon his officebut merel" fails to prosecute a violation of

the law.

Article 382

ELEMENTS OF USURPATION OF LEGISLATIE PO/ERS:

a. That the offender is an eecutive or Budicial officer.b. That he @a.> ma attempts to repeal a law or @c.> suspends the eecution thereof.

Article 34

ELEMENTS OF USURPATION OF E;ECUTIE FUNCTIONS:

a. That the offender is a Budge.b. That he @a.> assumes a power pertaining to the eecutive authorities, or @b.>

obstructs eecutive authorities in the lawful eercise of their powers.

*ote$ Legislative officers are not liable for usurpation of eecutive functions

Article 341

ELEMENTS OF USURPATION OF @UICIAL FUNCTIONS:

a. That the offender is an officer of the eecutive branch of the government.b. That he @a.> assumes Budicial powers, or @b.> obstruct the eecution of an" order

decision rendered b" an" Budge within his Burisdiction.

*ote$ ! ma"or is guilt" under this article when he investigates a case while a Bustice

of the peace is in the municipalit"

Article 343 ELEMENTS OF ISOEYING RE9UEST FOR IS9UALIFICATION:

a. That the offender is a public officer.b. That a proceeding is pending before such public officer.c. That there is a -uestion brought before the proper authorit" regarding his

Burisdiction, which is not "et decided.d. That he has been lawfull" re-uired to refrain from continuing the proceeding.e. That he continues the proceeding.

Article 348

ELEMENTS OF ARESSING ORERS OR RE9UESTS Y E;ECUTIE

OFFICER TO ANY @UICIAL AUTORITY:

a. That the offender is an eecutive officer.b. That the addresses an" order or suggestion to an" Budicial authorit".c. That the order or suggestion relates to an" case or business coming within the

eclusive Burisdiction of the courts of Bustice.

*ote$ Legislative or Budicial officers are not liable under this article

Article 344

ELEMENTS OF UNLA/FUL APPOINTMENTS:

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a. That the offender is a public officer.b. That he nominates or appoints a person to a public office.c. That such person lac


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1. ! legall" married person or parent surprises his spouse or daughter @the latter mustbe under 1I and living with them> in the act of committing seual intercourse withanother person

2. eCshe 1. That a person was


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1. 6ntent to


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1. The offender must shoot at another with an" firearm without intention of 1. That a child was 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 intentionall" eerted.;. That as a result of the violence that fetus dies, either in the womb or after having

been epelled therefrom.*otes$

1. &nintentional abortion can also be committed through negligence2. The accused can onl" be held liable if he


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1. Liabilit" of the pregnant woman is mitigated if the purpose is to conceal herdishonor. owever, there is no litigation for the parents of the pregnant womeneven if their purpose is to conceal their daughter9s dishonor

2. 6n infanticide, parents can avail of the mitigating circumstance of concealing thedishonor of their daughter. This is not so for art 2HI

N. ELEMENTS OF AORTION PRACTICE Y A PYSICIAN OR MI/IFE ANISPENSING OF AORTIES: =352>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 ph"sician or midwife, causes or assists in causing

the abortion.;. That said ph"sician or midwife ta!cts punishable$

1. hallenging another to a duel2. 6nciting another to give or accept a challenge to a duel3. coffing at or decr"ing another publicl" for having refused to accept a challengeto fight a duel

Persons liable$1. hallenger2. 6nstigators

II. PYSICAL IN@URIES

A. MUTILATION: =363>5inds of /utilation

1. 6ntentionall" mutilating another b" depriving him, totall" or partiall", of someessential organ for reproduction

2. 6ntentionall" ma


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an" of the circumstances defining the crime of murder. owever, serious ph"sicalinBuries resulting from ecessive chastisement b" parents is not -ualified seriousph"sical inBuries

C. ELEMENTS OF AMINISTERING IN@URIOUS SUSTANCES OR EERAGES:=364>

1. That the offender inflicted upon another person an" serious ph"sical inBur"2. That it was done , or needs medical attendance for the same period of time

2. That the ph"sical inBuries must not be those described in the preceding articles*otes$

1. ircumstances -ualif"ing the offense$a. when there is manifest intent to insult or offend the inBured personb. when there are circumstances adding ignomin" to the offensec. when the victim is either the offender9s parents, ascendants, guardians,

curators or teachersd. when the victim is a person of ran< or person in authorit", provided the crime

is not direct assault2. 6t falls under this article even if there was no incapacit" but the medical treatment

was for 13 da"s

E. SLIGT PYSICAL IN@URIES: =366>3 5inds$

1. That which incapacitated the offended part" for labor from 14K da"s or re-uiredmedical attendance during the same period

2. That which did not prevent the offended part" from engaging in his habitual worThe !nti4ape Law of 1KKE @! I3H3> now classified the crime of rape as Cri-eA$#i"st Pers!"sincorporated into Title I of the P to be


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3. 70!T whena. homicide is committedb. victim under 1I "ears and offender is$

i. parentii. ascendantiii. step4parent

iv. guardianv. relative b" consanguinit" or affinit" with the 3rdcivil degree orvi. common law spouse of parent of victim

c. under the custod" of the police or militar% aut$orities or an% la en(orcement orpenal institution

d. committed in full view of the spouse, parent or an" of the children or otherrelatives within the 3rddegree of consanguinit"

e. victim is a religious en*a*ed in le*itimate reli*ious vocation or callin* and ispersonall% knon to be suc$ b% t$e o((ender be(ore or at t$e time o( t$ecommission o( t$e crime

f. a child below E "ears oldg. offender ? mandator" death

TITLE NINEI. CRIMES AGAINST PERSONAL LIERTY AN SECURITY

A. ELEMENTS OF INAPPING AN SERIOUS ILLEGAL ETENTION: =367>1. +ffender is a private individual

2. e


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c.that an" serious ph"sical inBuries are inflicted upon the person

b. when the victim is 1. +ffender is a private person2. e

1. That the offender is entrusted with the custod" of a minor person @whether overor under E but less than 1I "rs old>

2. That he deliberatel" fails to restore the said minor to his parents

E. ELEMENTS OF INUCING A MINOR TO AANON IS OME: =371>1. That the minor @whether over or under E> is living in the home of his parents or

guardians or the person entrusted with his custod"2. That the offender induces a minor to abandon such home

*otes$1. 6nducement must be actual, committed with criminal intent and determined b" a

will to cause damage2. /inor should not leave his home of his own free will

3. /itigating if b" father or motherF. ELEMENTS OF SLAERY: =373>

1. That the offender purchases. ells, , the penalt" is higher

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G. ELEMENTS OF E;PLOITION OF CIL LAOR: =378>1. That the offender retains a minor in his service.2. That it is against the will of the minor.3. That it is under the pretet of reimbursing himself of a debt incurred b" an

ascendant, guardian or person entrusted with the custod" of such minor.

G. ELEMENTS OF SERICES RENERE UNER COMPULSION IN PAYMENT OFET: =374>

1. That the offender compels a debtor to wor< for him, either as household servantor farm laborer.

2. That it is against the debtor9s will.3. That the purpose is to re-uire or enforce the pa"ment of a debt.

II. CRIMES AGAINST SECURITY

A. AANONMENT OF PERSON IN ANGER AN AANONMENT OF ONESO/N ICTIM: =375>

!cts punishable$1. " failing to render assistance to an" person whom the offender finds in an inhabited

place wounded or in danger of d"ing, when he can render such assistance withoutdetriment to himself, unless such omission shall constitute a more serious offenseEle-e"ts

a. That place is not inhabited.b. The accused found there a person wounded or in danger of d"ing.c. The accused can render assistance without detriment to himself.d. The accused fails to render assistance.

2. " failing to help or render assistance to another whom the offender has accidentall"wounded or inBured

3. " failing to deliver a child, under E whom the offender has found abandoned, to theauthorities or to his famil", or b" failing to ta1. That the offender has the custod" of a child.2. That the child is under seven "ears of age.3. That he abandons such child.;. That he has no intent to

!cts punished$1. " delivering a minor to a public institution or other persons wCo consent of the one

who entrusted such minor to the care of the offender or, in the absence of that one,without the consent of the proper authorities0lements$

a. That the offender has charged of the rearing or education of a minor.

b. That he delivers said minor to a public institution or other persons.c. That the one who entrusted such child to the offender has not consented to

such act, or if the one who entrusted such child to the offender is absent? theproper authorities have not consented to it.

2. " neglecting his @offender9s> children b" not giving them education which theirstation in life re-uires and financial condition permits0lements$

a. That the offender is a parent.

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b. That he neglects his children b" not giving them education.c. That his station in life re-uires such education and his financial condition

permits it.

. ELEMENTS OF E;PLOITATION OF MINORS: =370>!cts punished$

1. " causing an" bo" or girl under 1F to perform an" dangerous feat of balancing,ph"sical strength or contortion, the offender being an" person

2. " emplo"ing children under 1F who are not the children or descendants of theoffender in ehibitions of acrobat, g"mnast, rope4wal


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1. " threatening another with the infliction upon his person, honor or propert" that ofhis famil" of an" wrong amounting to a crime and demanding mone" or imposing an"other condition, even though not unlawful and the offender @*ote$ threat is withcondition>Ele-e"ts

a. That the offender threatens another person with the infliction upon the latter9s

person, honor or propert", or upon that of the latter9s famil", of an" wrong.b. That such wrong amounts to a crime.c. That there is a demand for mone" or that an" other condition is imposed,

even though not unlawful.d. That the offender attains his purpose.

2. " maEle-e"ts

a. That the offender threatens another person with the infliction upon the latter9sperson, honor or propert", or upon that of the latter9s famil", of an" wrong.

b. That such wrong amounts to a crime.c. That the threat is not subBect to a condition

&otes:1. !ggravating circumstances$ if made in writing or thru a middleman2. Arustrated if not received b" the person being threatened3. !rt 2I; bond from good behavior ma" be imposed @onl" in these offenses>I. ELEMENTS OF LIGT TREATS: =308>1. That the offender ma1. That a person prevented another from doing something + not to do something

against his will, be it right or wrong?2. That the prevention or compulsion be effected b" violence, of force as would produce

intimidation and control the will.3. That the person that restrained the will and libert" b" another had not the authorit" of

law or the right to do so, or, in other words, that the restraint shall not be made underauthorit" of law or in the eercise of an" lawful right.

M. ELEMENTS OF LIGT COERCIONS: =307>1. That the offender must be a creditor.2. That he sei=es an"thing belonging to his debtor.3. That the sei=ure of the thing be accomplished b" means of violence or a displa" of

material force producing intimidation?;. That the purpose of the offender is to appl" the same to the pa"ment of the debt.

N. ELEMENTS OF OTER SIMILAR COERCIONS: =300>

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ELEMENTS OF NO. 11. That the offender is an" person, agent or officer of an" association or corporation.2. That he or such firm or corporation has emplo"ed laborers or emplo"ees.3. That he forces or compels, directl" or indirectl", or


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2. *ame of the real owner is not essential so long as the personal propert" ta

13. #hen both violence or intimidation and force upon things concur it is robber"with violence

obber" with violence Grave threats Grave coercion

6ntent to gain *o intent to gain *one

6mmediate harm 6ntimidation?promises some futureharm or inBur"

6ntimidation @effect> is immediate andoffended part" is compelled to dosomething against his will @wCn right orwrong>

obber" riber"% didn9t commit crime but is intimidated todeprive him of his propert"

% has committed a crime and givesmone" as wa" to avoid arrest orprosecution

7eprived of Php thru force or intimidation Giving of Php is in one sense voluntar"*either Transaction is voluntar" and mutual

0. defendant demands pa"ment of P2.JJ withthreats of arrest and prosecution, therefore,robber" because @a> intent to gain and @b>immediate harm

. ELEMENTS OF ROERY /IT IOLENCE AGAINST OR INTIMIATION OFPERSON: =324>

!cts punished as robber" with violence against or intimidation of persons" reason or on occasion of the robber", the following are committed$

1. homicide2. robber" accompanied with rape or intentional mutilation, P6 insane, imbecile,

impotent or blind3. P6 lost the use of speech, hear, smell, e"e, hand, foot, arm, leg, use of an"

such member, incapacitated for wor< habituall" engaged in;. iolenceCintimidation shall have been carried to a degree clearl" unnecessar" for

the crime or when in the cause of its eecution P6Cdeformit", or shall have lost

an" part of the bod" or the use thereof or shall have been ill or incapacitated forthe performance of the wor< for KJ da"s? 3J da"s

H. !n"


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d. " using an" fictitious name or pretending the eercise of public authorit".3. That once inside the building, the offender too< personal propert" belonging to

another with intent to gain.&otes:

1. 6ncludes dependencies @stairwa"s, hallwa"s, etc.>2. 6nhabited house an" shelter, ship or vessel constituting the dwelling of one or

more person even though temporaril" absent dependencies, courts, corals,barns, etc.

3. *+T 6*L&707 +!7, L!*7 A+ &LT6!T6+*.;. 6mportant for robber" b" use of force upon things, it is necessar" that offender

enters the building or where obBect ma" be found. *+ 0*T', *+ +0'H. 0ntrance is necessar" mere insertion of hand is not enough @whole bod">? not

to get out but to enter therefore, evidence to such effect is necessar"F. P v. Lama$an* intent to rob being present is necessar"E. Place$ house or building? not carI. Public building ever" building owned, rented or used b" the government

@though owned b" private persons> though temporaril" vacantK. *ot robber" passing through open door but getting out of a window

1J. +utside door must be bro2. +ffender ma" be servants or guests

3. 7estruction of


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1. That the offender entered an uninhabited place or a building which was not adwelling house, not a public building, or not an edifice devoted to religious worship.

2. that an" of the following circumstances was present$a. That entrance was effected through an opening not intended for entrance or

egress.b. ! wall, roof, floor, or outside door or window was bro


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the above purpose

*ecessar" to prove that band actuall" committedrobber"

. ELEMENTS OF AIING AN AETTING A AN OF RIGANS: =87>1. That there is a band of brigands.2. That the offender 1. That there be ta fail to deliver the same to local authorities or its owner*otes$1. etention of mone"Cpropert" found is theft. etention is failure to return @intent to

gain>2. 5nowledge of owner is not re-uired, after having maliciousl" damaged the propert" of anotherb> remove or ma i.e, the control test

2. P v. 6ino applies onl" in theft of bul. +therwise, P v. Espiritu full possession is enough

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3. ervant using car without permission deemed -ualified theft though use wastemporar"

;. e"es sa"s$ there must be some character of permanenc" in depriving owner ofthe use of the obBect and ma not theft @though later

found to be untrue. 6f in bad faith theft>1J. Gain is not Bust Php satisfaction, use, pleasure desired, an" benefit @e.g.

Bo"ride>11. !ctual gain is not necessar" @intent to gain necessar">

12. !llege lac< of consent in info is important

. ELEMENTS OF UNTING' FISING OR GATERING FRUITS' ETC. INENCLOSE ESTATE=PAR. NO.8' ART. 80>1. That there is an enclosed estate or a field where trespass is forbidden or which

belongs to another?2. That the offender enters the same.3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other

forest or farm products, and;. That the hunting or fishing or gathering of products is without the consent of the

owner.

&ote$ Aish not in fishpond, otherwise, -ualified

C.PENALTIES FOR 9UALIFIE TEFTD =82>

. ELEMENTS OF 9UALIFIE TEFT: =81>1. ommitted b" domestic servant, or2. #ith grave abuse of confidence, or3. Propert" stolen is$

a. motor vehicleb. mail matterc. large cattle

d. coconut from plantatione. fish from fishpond or fisher", or

;. +n occasion of calamities and civil disturbance.

&otes:1. 8grave abuse: high degree of confidence e.g. guests2. no confidence, not -ualified theft3. theft material possession9 estafa Buridical possession;. -ualified$ if done b" one who has access to place where stolen propert" is

E. when accused considered the deed of sale as sham @modus> and he had intentto gain, his absconding is NT

I. see carnapping law$ ! FH3KK. motor vehicle in


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E. ELEMENTS OF TEFT OF PROPERTY OF TE NATIONAL LIRARY ANNATIONAL MUSEUM: =811>

I. USURPATION

A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL

RIGTS IN PROPERTY: =813>1. That the offender ta or means of

deceit and2. That damage or preBudice capable of pecuniar" estimation is caused to the offended

part" or third person

. ELEMENTS OF ESTAFA /IT UNFAITFULNESS: =815>1. That the offender has an onerous obligation to deliver something of value.2. That he alters its substance, -uantit", or -ualit".3. That damage or preBudice is caused to another.

C. ELEMENTS OF ESTAFA /IT AUSE OF CONFIENCE UNER SUIISIONNO.1 PAR. =>' OF ART.8151. That mone", goods, or other personal propert" be received b" the offender in trust,

or on commission, or for administration, or under an" other obligation involving thedut" to ma' SUIISION N.1' ART. 815 8 /AYS OF COMMITTING:1. " misappropriating the thing received.2. " converting the thing received.3. " den"ing that the thing was received.

&otes:1. &nfaithful or !buse of onfidence

a. b" altering the substanceb. eisting obligation to deliver even if it is not a subBect of lawful commercec. thing delivered has not been full" or partiall" paid for not estafac. no agreement as to -ualit" *o estafa if deliver" is unsatisfactor"

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2. " misappropriating and convertinga. thing is received b" offender under transactions transferring Buridical possession,

not ownershipb. under P7 11H @Trust eceipts Law> failure to turn over to the ban< the

proceeds of the sale of the goods covered b" T 0stafa

c. same thing received must be returned otherwise estafa? sale on credit b" agenc"when it was to be sold for cash estafa

d. 0stafa not affected b" *ovation of ontract because it is a public offensee. *ovation must ta


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1. Aalse pretenses or fraudulent acts eecuted prior to or simultaneousl"with deliver"of the thing b" the complainant

2. There must be evidence that the pretense of the accused that he possessespowerCinfluence is false

G. ELEMENTS OF ESTAFA Y POSTATING A CEC OR ISSUING A CEC IN

PAYMENT OF AN OLIGATION: =815>1. That the offender postdated a chec2. dishonor from lac< of funds to prima facie evidence of deceit or failure to ma


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3. That the consideration is @a> some loan of mone" @b> credit or @c> other personalpropert".

;. That the transaction is to the detriment of such minor.

S. ELEMENTS OF OTER ECEITS: =810>1. not mentioned above?

2. interpretation of dreams, forecast, future4telling for profit or gain.

II. CATTEL MORTGAGE

A. ELEMENTS OF SELLING OR PLEGING PERSONAL PROPERTY ALREAYPLEGE: =812>1. That personal propert" is alread" pledged under the terms of the chattel mortgage

law.2. That the offender, who is the mortgagee of such propert", sells or pledges the same

or an" part thereof.3. That there is no consent of the mortgagee written on the bac< of the mortgage and

noted on the record thereof in the office of the register of deeds.

. ELEMENTS OF NO/INGLY REMOING MORTGAGE PERSONAL PROPERTY:=812>1. that personal propert" is mortgaged under the chattel mortage law.2. That the offender

A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL ALUES1. That an uninhabited hut, storehouse, barn, shed or an" other propert" is burned2. That the value of the propert" burned does not eceed 2H pesos3. That the burning was done at a time or under circumstances which clearl" eclude all

danger of the fire spreading

. ELEMENTS OF CRIME INOLING ESTRUCTION1. That the offender causes destruction of the propert"2. That the destruction was done b" means of$

a. eplosionb. discharge of electric currentc. inundationd. sin preBudice is actuall" caused, or @c> the thing burned is a building in aninhabited place

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I;. MALICIOUS MISCIEF

A. ELEMENTS OF MALICIOUS MISCIEF: =836>1. That the offender deliberatel" caused damage to the propert" of another.2. That such act does not constitute arson or other crimes involving destruction.

3. That the act damaging another9s propert" be committed merel" for the sa

. SPECIAL CASES OF MALICIOUS MISCIEF: =830>1. +bstruct performance of public functions.2. &sing poisonous or corrosive substances.3. preading infection or contagious among cattle.;. 7amage to propert" of national museum or librar", archive, registr", waterwor

C. ELEMENTS OF OTER MISCIEF: =832>1. *ot included in 32I

a. scattering human ecrement

b. &otes:1. done b" damaging railwa"s, telegraph, telephone lines, electric wires, traction

cables, signal s"stem of railwa"s2. removing rails from trac3. not applicable when telegraphCphone lines don9t pertain to railwa"s @eample$ for

transmission of electric powerClight>;. people


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2. Parties to the crime not related to the offended part" still remains criminall" liable3. Persons eempt include$

a. stepfatherCmother @ascendants b" affinit">b. adopted child

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