20120613180616378_The Revised Penal Code_Book II

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1 1 TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 

TITLE ONE — CRIMES AGAINST NATIONAL SECURITY   AND THE LAW O

 AND THE LAW OF NATIONSF NATIONS

Chapter One — Crimes Against National Security Chapter One — Crimes Against National Security

BOOK TWO

BOOK TWO

CRIMES AND PENALTIES

CRIMES AND PENALTIES

and

and

 SPECIAL CRIMINAL LAWS

 SPECIAL CRIMINAL LAWS

TITLE ONE

TITLE ONE

CRIMES AGAINST NATIONAL SECURITY

CRIMES AGAINST NATIONAL SECURITY

AND THE LAW OF NATIONS

AND THE LAW OF NATIONS

CHAPTER ONE

CHAPTER ONE

CRIMES AGAINST NATIONAL SECURITY

CRIMES AGAINST NATIONAL SECURITY

Section One —

Section One — Treason and Espionage

Treason and Espionage

The crimes against national security are as follows:

The crimes against national security are as follows:

1.

1.

Treason

Treason (Art.

(Art. 114)

114)

2.

2.

Conspiracy and

Conspiracy

and Proposal

Proposal to

to Commit

Commit Treason

Treason (Art.

(Art. 115)

115)

3.

3.

Misprision of

Misprision

of Treason

Treason (Art.

(Art. 116)

116)

4.

4.

Espionage

Espionage (Art.

(Art. 117),

117), and

and

5.

5.

Terrorism and Conspiracy to Commit Terrorism (RA

Terrorism and Conspiracy to Commit Terrorism (RA

9372, The Human Security Act of 2007, “An

9372, The Human Security Act of 2007, “An Act to Secure

Act to Secure

the State and Protect our People from Terrorism”)

the State and Protect our People from Terrorism”)

The crimes against the law of nations are as follows:

The crimes against the law of nations are as follows:

1.

1.

Inciting to

Inciting

to War

War or

or Giving

Giving Motives

Motives for

for Reprisals

Reprisals (Art.

(Art. 118)

118)

2.

(2)

2

2 CCRRIIMMIINNAALL LLAAWW

BOOK II

BOOK II OF THE OF THE REVISED PENAL CODEREVISED PENAL CODE

3.

3.

Correspondence with

Correspondence

with Hostile

Hostile Country

Country (Art.

(Art. 120)

120)

4.

4.

Flight

Flight to

to Enemy’s

Enemy’s Country

Country (Art.

(Art. 121),

121), and

and

5.

5.

Piracy in

Piracy

in General

General and

and Mutiny

Mutiny on

on the

the High

High Seas

Seas (Art.

(Art. 122)

122)

The

The crimes

crimes against

against national security

national security have

 have extra-territorial

extra-territorial

application

application. Even if the crimes are committed outside of Philip-

. Even if the crimes are committed outside of

Philip-pine territory, the offenders can be charged and prosecuted before

pine territory, the offenders can be charged and prosecuted before

Philippine courts. This is an exception to the territorial application

Philippine courts. This is an exception to the territorial application

of criminal law under Article 2, paragraph (5) of the Revised Penal

of criminal law under Article 2, paragraph (5) of the Revised Penal

Code.

Code.

If

If the

the offender

offender is

is within

within Philippine

Philippine territory,

territory, prosecution

prosecution can

can

proceed as a matter of course. However, if he is within the

proceed as a matter of course. However, if he is within the

territo-rial jurisdiction of another country he may be

rial jurisdiction of another country he may be brought to the country

brought to the country

by means of extradition if the country has an existing extradition

by means of extradition if the country has an existing extradition

treaty with that country.

treaty with that country.

The

The crimes

crimes against

against the

the law

law of

of nations

nations are

are considered

considered crimes

crimes

against humanity or crimes against mankind. Thus, the accused can

against humanity or crimes against mankind. Thus, the accused can

be prosecuted wherever and whenever he may be found.

be prosecuted wherever and whenever he may be found.

ART.

ART. 114.

114. Treason. —

Treason. —  Any

 Any Filipino

Filipino citizen

citizen who

who levies

levies

war against the Philippines or adheres to her enemies,

war against the Philippines or adheres to her enemies,

giv-ing them aid or comfort within the Philippines or elsewhere,

ing them aid or comfort within the Philippines or elsewhere,

shall be punished by

shall be punished by reclusion perpetua

reclusion perpetua to death and shall

to death and shall

pay a fine not to exceed 100,000 pesos.

pay a fine not to exceed 100,000 pesos.

No

No person

person shall

shall be

be convicted

convicted of

of treason

treason unless

unless on

on the

the

testimony of two witnesses at least to the same overt act or

testimony of two witnesses at least to the same overt act or

on confession of the accused in

on confession of the accused in open court.

open court.

Likewise,

Likewise, an

an alien,

alien, residing

residing in

in the

the Philippines,

Philippines, who

who com-

com-mits acts of treason as defined in paragraph 1 of this Article

mits acts of treason as defined in paragraph 1 of this Article

shall be punished by

shall be punished by reclusion temporal

reclusion temporal to death and shall

to death and shall

pay a fine not to exceed 100,000

pay a fine not to exceed 100,000 pesos.

pesos. (As amended by Sec. 2,

(As amended by Sec. 2,

 RA No. 7659)

 RA No. 7659)

Elements:

Elements:

1.

1.

The

The offender

offender is

is a

a Filipino

Filipino or

or a

a resident

resident alien;

alien;

2.

2.

There

There is

is war

war in

in which

which the

the Philippines

Philippines is

is involved;

involved;

3.

3.

The

The offender

offender either:

either:

a)

(3)

2

2 CCRRIIMMIINNAALL LLAAWW

BOOK II

BOOK II OF THE OF THE REVISED PENAL CODEREVISED PENAL CODE

3.

3.

Correspondence with

Correspondence

with Hostile

Hostile Country

Country (Art.

(Art. 120)

120)

4.

4.

Flight

Flight to

to Enemy’s

Enemy’s Country

Country (Art.

(Art. 121),

121), and

and

5.

5.

Piracy in

Piracy

in General

General and

and Mutiny

Mutiny on

on the

the High

High Seas

Seas (Art.

(Art. 122)

122)

The

The crimes

crimes against

against national security

national security have

 have extra-territorial

extra-territorial

application

application. Even if the crimes are committed outside of Philip-

. Even if the crimes are committed outside of

Philip-pine territory, the offenders can be charged and prosecuted before

pine territory, the offenders can be charged and prosecuted before

Philippine courts. This is an exception to the territorial application

Philippine courts. This is an exception to the territorial application

of criminal law under Article 2, paragraph (5) of the Revised Penal

of criminal law under Article 2, paragraph (5) of the Revised Penal

Code.

Code.

If

If the

the offender

offender is

is within

within Philippine

Philippine territory,

territory, prosecution

prosecution can

can

proceed as a matter of course. However, if he is within the

proceed as a matter of course. However, if he is within the

territo-rial jurisdiction of another country he may be

rial jurisdiction of another country he may be brought to the country

brought to the country

by means of extradition if the country has an existing extradition

by means of extradition if the country has an existing extradition

treaty with that country.

treaty with that country.

The

The crimes

crimes against

against the

the law

law of

of nations

nations are

are considered

considered crimes

crimes

against humanity or crimes against mankind. Thus, the accused can

against humanity or crimes against mankind. Thus, the accused can

be prosecuted wherever and whenever he may be found.

be prosecuted wherever and whenever he may be found.

ART.

ART. 114.

114. Treason. —

Treason. —  Any

 Any Filipino

Filipino citizen

citizen who

who levies

levies

war against the Philippines or adheres to her enemies,

war against the Philippines or adheres to her enemies,

giv-ing them aid or comfort within the Philippines or elsewhere,

ing them aid or comfort within the Philippines or elsewhere,

shall be punished by

shall be punished by reclusion perpetua

reclusion perpetua to death and shall

to death and shall

pay a fine not to exceed 100,000 pesos.

pay a fine not to exceed 100,000 pesos.

No

No person

person shall

shall be

be convicted

convicted of

of treason

treason unless

unless on

on the

the

testimony of two witnesses at least to the same overt act or

testimony of two witnesses at least to the same overt act or

on confession of the accused in

on confession of the accused in open court.

open court.

Likewise,

Likewise, an

an alien,

alien, residing

residing in

in the

the Philippines,

Philippines, who

who com-

com-mits acts of treason as defined in paragraph 1 of this Article

mits acts of treason as defined in paragraph 1 of this Article

shall be punished by

shall be punished by reclusion temporal

reclusion temporal to death and shall

to death and shall

pay a fine not to exceed 100,000

pay a fine not to exceed 100,000 pesos.

pesos. (As amended by Sec. 2,

(As amended by Sec. 2,

 RA No. 7659)

 RA No. 7659)

Elements:

Elements:

1.

1.

The

The offender

offender is

is a

a Filipino

Filipino or

or a

a resident

resident alien;

alien;

2.

2.

There

There is

is war

war in

in which

which the

the Philippines

Philippines is

is involved;

involved;

3.

3.

The

The offender

offender either:

either:

a)

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3 3 TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 

TITLE ONE — CRIMES AGAINST NATIONAL SECURITY   AND THE LAW O

 AND THE LAW OF NATIONSF NATIONS

Chapter One — Crimes Against National Security Chapter One — Crimes Against National Security

Treason

Treason is betrayal of allegiance to one’s country in time of

is betrayal of allegiance to one’s country in time of

war.

war.

Treason is a

Treason is a war time offense

war time offense. It can be committed only in

. It can be committed only in

time of war. It cannot be committed in time of peace because during

time of war. It cannot be committed in time of peace because during

peace time there are no traitors.

peace time there are no traitors.

Persons liable:

Persons liable:

1.

1.

Filipino citizens

Filipino

citizens —

— those

those who

who owe

owe permanent

permanent allegiance

allegiance to

to the

the

Philippine government.

Philippine government.

2.

2.

Resident

Resident aliens

aliens —

— those

those who

who owe

owe temporary

temporary allegiance

allegiance to

to the

the

government.

government.

Is there a need for a formal declaration of war before Treason can

Is there a need for a formal declaration of war before Treason can

be committed?

be committed?

 Answer:

 Answer:

No, a formal declaration of war is not needed before

No, a formal declaration of war is not needed before

trea-son can be committed. It is not an element of the offense. When

son can be committed. It is not an element of the offense. When

armed hostilities have begun there is no need that the

armed hostilities have begun there is no need that the

exis-tence of war be declared. Example: During World War

tence of war be declared. Example: During World War II, while

II, while

the Emperor of Japan was talking with the President of the

the Emperor of Japan was talking with the President of the

United States of America, Japan treacherously bombed Pearl

United States of America, Japan treacherously bombed Pearl

Harbor. The bombing of Pearl Harbor signaled the beginning

Harbor. The bombing of Pearl Harbor signaled the beginning

of war between Japan and the United States. There was no

of war between Japan and the United States. There was no

need that the existence of war between Japan and the United

need that the existence of war between Japan and the United

States be declared by either of them. When a

States be declared by either of them. When a Filipino citizen or

Filipino citizen or

a resident alien commits any of the acts of committing treason

a resident alien commits any of the acts of committing treason

in the course of such armed hostilities, he is liable for treason.

in the course of such armed hostilities, he is liable for treason.

Two ways of committing Treason:

Two ways of committing Treason:

1

1..

Levying war — waging war against the government of the

Levying war — waging war against the government of the

Philippines.

Philippines.

2.

2.

Adhering

Adhering to

to the

the enemies,

enemies, giving

giving them

them aid

aid or

or comfort

comfort..

Illustrations:

Illustrations:

Levying

Levying war

war against

against the

the government:

government:

Japan

Japan and

and the

the Philippines

Philippines are

are at

at war.

war. Japan

Japan invaded

invaded

the Philippines. X a Filipino citizen became sympathetic with

the Philippines. X a Filipino citizen became sympathetic with

(5)

FOREWORD

FOREWORD

Professor Abelardo C. Estrada has done it again. After his

Professor Abelardo C. Estrada has done it again. After his

hugely successful Criminal Law Book I, he has created another

hugely successful Criminal Law Book I, he has created another

masterpiece, certainly a much awaited special treat for students

masterpiece, certainly a much awaited special treat for students

and bar examinees alike — his Criminal Law, Book II of the Revised

and bar examinees alike — his Criminal Law, Book II of the Revised

Penal Code.

Penal Code.

I have come across many books on criminal law, starting from

I have come across many books on criminal law, starting from

the time I was in law school and while reviewing for the bar. In

the time I was in law school and while reviewing for the bar. In

private practice and later as an advocate in the law office of the

private practice and later as an advocate in the law office of the

government, I needed handy reference materials

government, I needed handy reference materials on the subject. For

on the subject. For

a magistrate, the value of an authoritative volume as a guidebook

a magistrate, the value of an authoritative volume as a guidebook

to resolve sometimes complex problems calling for the application

to resolve sometimes complex problems calling for the application

of criminal law provisions cannot be overemphasized. But Professor

of criminal law provisions cannot be overemphasized. But Professor

Estrada’s tomes stand out as gems in that field — shining with the

Estrada’s tomes stand out as gems in that field — shining with the

depth of his knowledge, replete with illustrations plus problems

depth of his knowledge, replete with illustrations plus problems

and corresponding answers, skillfully steering the reader through

and corresponding answers, skillfully steering the reader through

potential minefields in such an ever challenging territory.

potential minefields in such an ever challenging territory.

From the way he lays down his nuggets

From the way he lays down his nuggets of wisdom, one can feel

of wisdom, one can feel

his tremendous ardor, the same passion that animates his persona

his tremendous ardor, the same passion that animates his persona

when he does one thing that he loves most, which is to teach law.

when he does one thing that he loves most, which is to teach law.

Indeed, he is a law teacher par excellence, with the rare ability to

Indeed, he is a law teacher par excellence, with the rare ability to

inspire and bring out the best from his students, and can

inspire and bring out the best from his students, and can impart even

impart even

the most abstruse legal principles in a manner intelligible even to a

the most abstruse legal principles in a manner intelligible even to a

novice in the study of law. Deftly organized in a user-friendly style,

novice in the study of law. Deftly organized in a user-friendly style,

sprinkled with examples and keywords or mnemonic devices, his

sprinkled with examples and keywords or mnemonic devices, his

new book, like the first one, is

new book, like the first one, is the perfect companion of every student

the perfect companion of every student

and bar reviewee who wishes to gain some mastery of criminal law.

and bar reviewee who wishes to gain some mastery of criminal law.

Notably, this format appeals to a very wide audience, as it lends

Notably, this format appeals to a very wide audience, as it lends

itself to easy and convenient perusal even by law professors and

itself to easy and convenient perusal even by law professors and

trial lawyers.

trial lawyers.

No doubt, Professor Estrada is exceptionally good in what he

No doubt, Professor Estrada is exceptionally good in what he

does, whether as a litigation lawyer, law professor, lecturer and

does, whether as a litigation lawyer, law professor, lecturer and

reviewer, as well as leader of the Philippine bar. It is

reviewer, as well as leader of the Philippine bar. It is not an accident

not an accident

that his initials are ACE, one who is an “expert in any activity.” He

that his initials are ACE, one who is an “expert in any activity.” He

has definitely added another feather to his cap — that of lawbook

has definitely added another feather to his cap — that of lawbook

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author. What better way to expand the reach of his expertise than

to make it available in book form not only to those fortunate to listen

to his lectures but also to all others eager to drink from the fountain

of his vast legal knowledge.

This new book by the Ace himself again tells us that in the

hands of a master, learning law need not be tedious and boring.

In fact, it could be quite an exhilarating experience. Every reader

would enjoy grazing on it, in much the same way that I gained great

pleasure from soaking up every page.

JUSTICE MAGDANGAL M. DE LEON

Manila, Philippines

July 17, 2010

(7)

PREFACE

 Lawless are they that make their wills their law.

 — William Shakespeare

This is not the first time that the author would be publishing

a book amidst request of law students and bar reviewees and yet

overcoming the delay of coming up with this material, could be

likened to a sea of deep appreciation from readers engulfing all

unfathomable emotions. From the time my Book One of the Revised

Penal Code, Criminal Law Made Easy, was released, law students

and bar reviewees have been constantly following up the publication

of its sequel, Book Two, Crimes and Penalties. It is very inspiring

to know that the Philippine Military Academy has chosen to use

my Book One as the official text book of the academy. Hopefully,

Book Two shall follow as its official text book too. Considering

the many special criminal laws that we have now, I decided to

incorporate in my Book Two special criminal laws, their effects and

their amendments to the Revised Penal Code to keep the students

of law and even practitioners abreast with updates in law and

 jurisprudence. Knowing that the author’s books are given value

by the academe, colleagues and friends, brings a magnitude of joy

that is simply incomparable. Furthermore, the challenges in writing

each book give a strong feeling that greatly crafts and molds one’s

pedagogy.

The complexity of the subject makes it imperative to present

the topics in a clear and simple language for easier understanding.

The many illustrative cases and examples including applications of

the law to given problems were carefully designed for each reader to

get a good grasp of the elements and concepts of the law. Although

this book is intended primarily for law students and bar candidates,

it is of sincerest hope that other students, law practitioners, the

bench, as well as those merely fascinated with the penal laws of this

country would find this humble work useful and instructional.

The writer owes his passion, mission and vision in writing

this book to the encouraging words of students, friends and loved

(8)

ones who continue to inspire him in his life-long journey in this

noble profession. This work would not have been possible without

the support of a lot of people too many to mention. They know

who they are and the writer owes them a tremendous gratitude

for the realization of this humble work. Special thanks and

heartfelt gratitude go to my wife Imelda, daughters Lorelie, Karen

Mae and Abegail and sons Shieldon, Job Vernon, Hanz Zoilo and

Jan Charlo for providing constant inspiration, support, love and

attention; to Renz Jan Ugay Tamondong and Laura F. Quinto

whose zeal and energy in the preparation and drafting of this book

had made possible its publication and to my partners, associates

and office staff in the Law Firm for their invaluable technical and

professional assistance and who unselfishly lent their time and

provided research materials available whenever needed. To Atty.

Louella Xylee Apilado who shared her valued time and effort in

special research, my special and profound appreciation.

For the very beautiful and inspiring foreword, my special

thanks to the amiable and erudite professor Justice Magdangal De

Leon of the Court of Appeals.

The writer hopes you’ll enjoy reading this book as much as he

had enjoyed writing it.

DEAN ABELARDO C. ESTRADA 

July 14, 2010

(9)

CONTENTS

BOOK TWO

CRIMES AND PENALTIES

 AND

SPECIAL CRIMINAL LAWS

TITLE ONE

CRIMES AGAINST NATIONAL SECURITY

 AND LAW OF NATIONS

Chapter One

Crimes Against National Security

SECTION 1. Treason and Espionage... 1

The crimes against national security ... 1

The crimes against the law of nations ... 1

 ART. 114. Treason ... ... 2

Elements ... ... 2

Persons liable ... ... 3

Is there a need for a formal declaration of war before treason can be committed?... 3

Two ways of committing Treason ... ... 3

Adherence to the enemies, giving them aid or comfort ... 4

Two ways of proving Treason ... .... 5

What is the quantum of evidence needed to prove Treason? ... 5

Confession of guilt in open court ... ... 7

 ART. 115. Conspiracy and proposal to commit Treason ... 8

What are the punishable conspiracies ... 9

Is proposal to commit a felony punishable? ... 9

Proposal to commit Treason ... ... 9

Elements ... ... 9

Proposal to commit felony which is punishable by law ... 11

Conspiracy to commit Treason ... ... 11

Elements of Conspiracy to commit Treason... 11

(10)

Conspiracy to overthrow the government is not proposal

to commit Treason ... ... 12

 ART. 116. Misprision of Treason ... ... 12

Elements ... ... 13

Essence of the crime ... ... 14

Penalty Imposable in Misprision of Treason ... 14

Who may commit the crime? ... . 14

Relationship is not exempting ... ... 15

 ART. 117. Espionage ... ... 15

Two modes of committing Espionage under the RPC ... 15

Elements of the first mode ... ... 16

Elements of the second mode ... ... 17

Commonwealth Act No. 616 ... ... 17

Acts punished ... ... 17

SECTION 2. Provoking War and Disloyalty in Case of War ... 18

 ART. 118. Inciting to war or giving motives for reprisals ... 18

Elements ... ... 18

 ART. 119. Violation of neutrality ... ... 19

Elements ... ... 19

 ART. 120. Correspondence with hostile country ... 20

Elements ... ... 20

 ART. 121. Flight to enemy’s country ... ... 21

Elements ... ... 21

SECTION 3. Piracy and Mutiny on the High Seas or in Philippine Waters ... ... 22

 ART. 122. Piracy in general and mutiny on the high seas or in Philippine waters ... 22

What is Piracy? ... ... 23

Three Kinds of Piracy ... ... 23

Piracy in the high or open seas can be committed by the following ... ... 23

Who may commit Piracy in the high or open seas? ... 24

Who are pirates in the high or open seas? ... 24

Piracy in Philippine Waters ... .... 24

Who may commit Piracy in Philippine waters (internal waters)? ... ... 24

PD 532 was superseded by RA 7659, The Anti-Heinous Crime Law ... ... 25

Abetting Piracy ... ... 26

Mutiny ... ... 27

Elements of Mutiny ... ... 27

Two kinds of Mutiny ... ... 28

 ART. 123. Qualified Piracy ... ... 28

When is Piracy qualified? ... ... 28

Qualified Piracy ... ... 29

Qualified Mutiny ... ... 29

(11)

Four Situations Governed by the Anti-Hijacking Law ... 31

When is an aircraft considered in flight? ... 32

Republic Act No. 9372 ... ... 33

What is Terrorism? ... ... 33

Acts of Terrorism under United Nations Conventions and Protocols ... ... 34

Declaration of Policy of RA 9372 ... .. 34

What is Terrorism under RA 9372?... 34

Revised Penal Code ... ... 34

Special Laws ... ... 35

Provided the requisites are present ... 35

Manner of commission of Terrorism ... 35

Motive of Terrorism ... ... 36

Penalty for Terrorism ... ... 36

Terrorism is a crime of result ... .... 36

What is Conspiracy to commit Terrorism? ... 39

Penalty ... ... 40

Who are the persons liable for Terrorism and Conspiracy to Commit Terrorism? ... .... 40

Accomplice to the crime of Terrorism ... 40

Who can be an Accomplice to the crime of Terrorism? ... 40

Accessory to the crime of Terrorism ... 41

Penalty ... ... 41

Accessory to the crime of Terrorism ... 41

Accessories to the crime of Terrorism who are exempt from criminal liability... 42

Accessory ... ... 43

What are the acts authorized by RA 9372? ... 43

Declaration (proscription) of Terrorist and outlawed organizations, associations, or group of persons ... 44

TITLE TWO

CRIMES AGAINST THE FUNDAMENTAL LAW 

OF THE STATE

Chapter One

 Arbitrary Detention or Expulsion, Violation of Dwelling,

Prohibition, Interruption and Dissolution of Peaceful

Meetings and Crimes Against Religious Worship

What are the crimes against the fundamental laws of the State? ... 46

Who are liable for crimes against the fundamental laws of the State? ... ... 46

SECTION 1. Arbitrary Detention or Expulsion ... 47

 ART. 124. Arbitrary detention ... ... 47

(12)

Elements ... ... 47

What are the crimes known as Arbitrary Detention? ... 47

Legal grounds of detention of a person ... 48

Absence of legal grounds ... ... 48

Distinctions between Arbitrary Detention and Illegal Detention ... ... 48

Three instances when a public officer can make arrest even without warrant of arrest ... 48

Arrest of a prisoner who has escaped from detention or confinement... 50

Arbitrary detention is committed by public officers who have the power to make arrest and detention ... 50

 ART. 125. Delay in the delivery of detained persons to the proper judicial authorities ... 52

Elements ... ... 53

What is the meaning of the term “delivering the person legally arrested to the judicial authorities?” ... 53

Afflictive penalties ... ... 54

Correctional penalties ... ... 54

Light penalties ... ... 54

Duties of an arresting officer who legally arrested a person without warrant of arrest ... 55

Important things to remember ... .. 56

 ART. 126. Delaying release ... ... 56

Elements ... ... 57

Acts punished ... ... 57

Who may commit the crime? ... . 57

 ART. 127. Expulsion ... ... 58

Elements ... ... 58

 ART. 128. Violation of domicile ... ... 58

Elements ……… 59

Three acts of committing Violation of Domicile under Art. 128 ... ... 59

Instances where search and seizure may be made without a warrant and the evidence obtained therefrom may be admissible ... ... 59

What are the three ways of committing Violation of Domicile? ... ... 61

 ART. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained ... 61

Two acts punished ... ... 61

Elements of procuring a search warrant without just cause ... 61

 ART. 130. Searching domicile without witnesses ... 62

Elements ... ... 62

Who must be present when a valid search is conducted on a domicile? ... ... 63

(13)

SECTION 3. Prohibition, Interruption and Dissolution

of Peaceful Meetings ... ... 63

 ART. 131. Prohibition, interruption and dissolution of peaceful meetings ... ... 63

Elements ... ... 63

Two criteria can be used by peace officers in lawfully prohibiting, interrupting or dissolving a meeting... 64

SECTION 4. Crimes against Religious Worship ... 65

 ART. 132. Interruption of religious worship ... 65

Elements ... ... 65

Who may commit the crime? ... . 65

When is interruption of religious worship qualified? ... 65

Manner of commission ... ... 65

 ART. 133. Offending religious feelings ... ... 65

Elements ... ... 65

Who may commit this crime? ... . 66

TITLE THREE

CRIMES AGAINST PUBLIC ORDER

Chapter One

Rebellion, Coup D’Etat, Sedition

and Disloyalty Crimes

Crimes against public order ... ... 67

 ART. 134. Rebellion or Insurrection – How committed ... 68

Elements ... ... 68

Manner of commission of Rebellion ... 68

Purpose of Rebellion ... ... 69

Who are liable for Rebellion or Insurrection? ... 69

Distinctions between Rebellion and Insurrection ... 69

Is the subsequent filing of Rebellion tenable? ... 72

Can Rebellion be now complexed with common crimes? ... 73

People v. Hernandez ... ... 73

Rebellion can now be complexed with common crimes ... 74

 ART. 134-A. Coup d’etat... ... 77

Manner of commission ... ... 77

Who may commitCoup d’etat?... 77

Characteristics of Coup d’etat ... 77

Distinctions between Rebellion,Coup d’etat and Sedition ... 78

 ART. 135. Penalty for rebellion, insurrection orcoup d’etat ... 79

Penalty Imposable ... ... 80

 ART. 136. Conspiracy and proposal to commitcoup d’etat, rebellion or insurrection ... 80

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 ART. 137. Disloyalty of public officers or employees ... 81

What is the crime of Disloyalty of Public Officers or Employees ... ... 81

 ART. 138. Inciting to rebellion or insurrection ... 82

Who may commit the crime? ... . 82

Manner of commission of Inciting to Rebellion or Insurrection ... ... 82

 ART. 139. Sedition – How committed ... ... 83

Elements ... ... 83

 ART. 140. Penalty for Sedition ... ... 85

 ART. 141. Conspiracy to commit Sedition ... 85

 ART. 142. Inciting Sedition ... ... 85

What are the ways of committing Inciting to Sedition? ... 86

Chapter Two

Crimes Against Popular Representation

SECTION 1. Crimes Against Legislative Bodies and Similar Bodies ... ... 87

 ART. 143. Acts tending to prevent the meeting of the assembly and similar bodies ... ... 87

How the crime is committed ... .... 87

By means of force or fraud ... ... 87

 ART. 144. Disturbance of proceedings ... ... 88

Elements ... ... 88

SECTION 2. Violation of Parliamentary Immunity ... 88

 ART. 145. Violation of parliamentary immunity ... 88

How is the crime of Violation of Parliamentary Immunity committed? ... ... 88

Chapter Three

Illegal Assembly and Association

 ART. 146. Illegal assemblies ... ... 90

Two forms of illegal assembly ... ... 90

Acts punished ... ... 91

Persons liable for illegal assembly ... 91

Presumption if a person present at the meeting carries an unlicensed firearm ... 91

Distinctions between illegal assembly and illegal association ... ... 92

 ART. 147. Illegal associations ... ... 92

Distinctions between illegal association and illegal assembly ... ... 93

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Chapter Four 

 Assault upon, and Resistance and Disobedience

to Persons in Authority and their Agents

 ART. 148. Direct assaults ... ... 94

Two forms of Direct Assaults ... .... 94

Element of the first form of Direct Assault ... 94

Elements of the second kind of Direct Assault ... 96

When is there qualified Direct Assault ... 99

 ART. 149. Indirect Assaults ... ... 100

Elements ... ... 100

 ART. 150. Disobedience to summons issued by the National  Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions ... ... 101

Acts punished ... ... 101

 ART. 151. Resistance and disobedience to a person in authority or the agents of such person ... 102

Elements of resistance and serious disobedience under the first paragraph ... .... 102

Elements of simple disobedience under the second paragraph .. 102

Distinctions between resistance or serious disobedience and direct assault ... ... 103

Direct assault (the second form) is committed in four ways ... 103

 ART. 152. Persons in authority and agents of persons in authority .... 104

Who is a person in authority? ... .... 104

Examples of persons in authority ... ... 104

Who is an agent of a person in authority? ... 105

Chapter Five

Public Disorders

 ART. 153. Tumults and other disturbances of public disorder ... 106

The acts punishable under this article ... 106

When is public disturbance or interruption tumultuous? ... 107

 ART. 154. Unlawful use of means of publication and unlawful utterances ... ... 107

Acts punished ... ... 108

 ART. 155. Alarms and scandals ... ... 109

Acts punished ... ... 110

What is the crime committed if a person fires his gun? ... 110

 ART. 156. Delivery of prisoners from jail ... 111

Elements ... ... 111

The person confined... 111

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Who may commit the crime? ... . 111

What is the crime committed if a person removes a person from jail? ... ... 111

Chapter Six

Evasion of Service of Sentence

 ART. 157. Evasion of service of sentence ... 113

Elements ... ... 113

Three kinds of evasion of service of sentence ... 113

Qualifying circumstances that increase the penalty in evasion of service of sentence ... 113

Can this crime be committed by a detention prisoner? ... 114

What if the prisoner serving sentence returned to jail not long after he escaped? ... ... 115

 ART. 158. Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities ... ... 115

Elements ... ... 115

What is the effect if the prisoner who escaped on the occasion of a calamity returns within 48 hours following the announcement of the passing away of the calamity? ... 116

 ART. 159. Other cases of evasion of service of sentence ... 116

Elements ... ... 116

Violation of Conditional Pardon ... .. 117

What is the effect of violation of the conditional pardon? ... 117

Chapter Seven

Commission of Another Crime During Service of Penalty

Imposed for Another Previous Offense

 ART. 160. Commission of another crime during service of penalty imposed for another previous offense ... 118

Who is a quasi recidivist?... 118

Elements ... ... 118

What is the legal consequence of quasi recidivism? ... 119

TITLE FOUR

CRIMES AGAINST PUBLIC INTEREST

Chapter One

Forgeries

SECTION 1. Forging the Seal of the Government of the Philippine Islands, the Signature or Stamp of the Chief Executive ... 121

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The crimes against public interest ... 121

 ART. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive ... ... 123

Acts punished ... ... 123

The acts of falsification ... ... 123

 ART. 162. Using forged signature or counterfeit seal or stamp ... 123

Elements ... ... 123

SECTION 2. Counterfeiting Coins ... .... 124

 ART. 163. Making and importing and uttering false coins ... 124

Who are the persons liable? ... .... 124

What is counterfeiting of coins? ... . 124

Kinds of coins that can be counterfeited ... 124

Is mere possession of counterfeiting money a crime? ... 124

Counterfeiting of Coins: Legal Tender or Not ... 125

 ART. 164. Mutilation of coins – importation and utterance of mutilated coins ... ... 126

What is the meaning of Mutilation of Coins? ... 126

Elements of Mutilation of Coins under the Revised Penal Code... 126

Is mere possession of a counterfeited or mutilated coin a crime? ... ... 127

Presidential Decree No. 247: Defacement, Mutilation, Tearing, Burning or Destroying Central Bank Notes and Coins ... ... 127

 ART. 165. Selling of false or mutilated coin, without connivance ... 128

Acts punished ... ... 128

SECTION 3. Forging Treasury or Bank Notes, Obligations and Securities; Importing and Uttering False or Forged Notes, Obligations and Securities ... 129

 ART. 166. Forging treasury or bank notes or other documents payable to bearer, importing and uttering such false or forged notes and documents ... ... 129

Acts of forgery that are punished ... ... 129

 ART. 167. Counterfeiting, importing and uttering instruments payable to bearer ... ... 130

Elements ... ... 130

 ART. 168. Illegal Possession and use of false treasury or bank notes and other instruments of credit ... 130

Acts punished ... ... 131

Elements ... ... 131

 ART. 169. How forgery is committed ... ... 131

What can be the objects of forgery? ... 131

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SECTION 4. Falsification of Legislative, Public, Commercial, Private Documents, and Wireless, Telegraph

and Telephone Messages... 132

Kinds of Falsification ... ... 132

 ART. 170. Falsification of legislative documents ... 133

Elements ... ... 133

 ART. 171. Falsification by public officer, employee, or notary or ecclesiastic minister ... ... 133

The four kinds of documents ... . 134

Falsification by Public Officer, Employee, Notary Public or Ecclesiastical Minister ... 135

Elements ... ... 135

 ART. 172. Falsification by private individuals and use of falsified documents ... 141

Acts punishable ... ... 142

Elements of falsification of public, official or commercial documents by a private person ... 142

Elements of falsification of private documents by a private person ... ... 142

Damage or at least intent to cause Damage is an essential Element of Falsification of Private Document ... 142

Reasons why it is important to know whether a Document is public or private ... ... 143

Use of Falsified Document ... ... 144

Elements ... ... 144

 ART. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages ... 145

Person liable ... ... 146

Acts punishable ... ... 146

SECTION 5. Falsification of medical certificates, certificates of merit on services and the like ... ... 147

 ART. 174. False medical certificates, false certificates, certificates of merit or service, etc. ... 147

Persons liable ... ... 147

 ART. 175. Using false certificates ... 148

Elements ... ... 148

SECTION 6. Manufacturing, importing, and possession of Instruments or Implements Intended for the Commission of Falsification ... 148

 ART. 176. Manufacturing and possession of instruments or implements for falsification ... 148

Acts punishable ... ... 149

Chapter Two

Other Falsities

SECTION 1. Usurpation of Authority, Rank, Title and Improper Use of Names, Uniforms, and Insignia ... 150

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 ART. 177. Usurpation of authority or official functions ... 150

Acts punishable ... ... 150

 ART. 178. Using fictitious and concealing true name ... 151

Acts punishable ... ... 152

Commonwealth Act. No. 142 (Regulating the Use of Aliases) .... 153

Distinctions between using Fictitious Name and concealing True Name ... ... 155

 ART. 179. Illegal use of uniforms or insignia ... 155

Elements ... ... 155

Why it is punishable? ... ... 155

SECTION 2. False Testimony ... ... 156

 ART. 180. False Testimony against a defendant ... 156

Kinds of false testimony ... ... 157

Elements of false testimony against an accused in a criminal case ... ... 157

How is the crime committed? ... . 157

Penalty to be imposed ... ... 158

Who may commit the crime? ... . 158

 ART. 181. False testimony favorable to the defendant ... 159

How is the crime committed? ... . 159

Elements ... ... 159

Penalty imposable ... ... 159

The afflictive penalties ... ... 160

 ART. 182. False testimony in civil cases ... 160

Elements ... ... 160

 ART. 183. False testimony on other cases and perjury in solemn affirmation ... ... 160

Acts punishable ... ... 161

Falsely testifying under oath in other cases ... 161

Perjury ... ... 161

Elements of perjury ... ... 161

 ART. 184. Offering false testimony in evidence ... 162

Elements ... ... 162

What is Subornation of Perjury? ... .... 163

Chapter Three

Frauds

SECTION 1. Machinations, Monopolies, and Combinations... 164

 ART. 185. Machinations in public auctions ... 164

Two acts punishable ... ... 164

Soliciting any gift or promise as a consideration for restraining from taking part in any public auction ... 164

Elements ... ... 164

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Purpose of auction ... ... 165

Purpose in Machination of public auctions ... 165

Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice ... 166

No crime of attempted or frustrated machination in public auctions ... ... 167

 ART. 186. Monopolies and combinations in restraint of trade ... 167

Acts punishable ... ... 168

Elements ... ... 168

 ART. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys ... ... 170

Acts punishable ... ... 170

Elements ... ... 170

 ART. 188. Substituting and altering trademarks, tradenames, or service marks ... ... 170

Acts punishable ... ... 171

Liability of printers or lithographers ... 172

 ART. 189. Unfair competition, fraudulent registration of trademark, tradename or service mark, fraudulent designation of origin, and false description ... 172

Acts punishable ... ... 173

Unfair Competition ... ... 173

Elements ... ... 173

Who may commit the crime of unfair competition? ... 173

False designation of origin or false description ... 174

Fraudulent registration ... ... 174

TITLE FIVE

CRIMES RELATIVE TO OPIUM AND OTHER

PROHIBITED DRUGS

 Acts punished by the Republic Act No. 6425 ... 175

Republic Act No. 9165 ... ... 176

Definition of Terms ... ... 176

 Article II. Unlawful Acts and Penalties ... ... 181

The chain of custody of evidence ... ... 182

Who is a protector or coddler? ... .... 183

Where arrest is incipiently illegal, it logically follows that the subsequent search is similarly illegal, it being not incident to a lawful arrest ... 183

Sale of dangerous drugs and illegal possession, separate offenses ... ... 184

Sale of shabu and marijuana: whole specimen need not be tested ... ... 185

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People v. Barita ... ... 185

There is consummated sale of illegal drug even if the purchase money is not presented ... .... 186

Attempted sale of shabu: No agreement on the price ... 187

The provision of Sec. 21 of the Dangerous Drugs Act of 2002 must be faithfully complied with ... 187

Prohibition under the new Drugs Law ... 188

Qualifying aggravating circumstance ... 188

Cases of Acquittal: based on non-compliance with the chain of custody ... ... 188

Cacao v. People ... ... 188 People v. Kamad ... ... 189 People v. Frondozo ... ... 190 People v. Partoza ... ... 190 People v. Robles ... ... 191 Sales v. People ... ... 191 Carino v. People ... ... 192 People v. Garcia ... ... 192 People v. Obmiranis ... ... 193 Bondad v. People ... ... 193 People v. Magat ... ... 194 People v. Orteza ... ... 195

Cases of Conviction even if there is no compliance with the chain of custody rule ... .... 195

People v. De Leon ... ... 195 People v. Cruz ... ... 195 People v. Ventura ... ... 196 People v. Lazaro ... ... 196 People v. Resurreccion ... 196 People v. Teodoro ... ... 197 People v. Gum-oyen ... ... 198 People v. Llamado ... ... 198 People v. Macatingag ... ... 198

People v. Del Monte ... ... 199

TITLE SIX

Crimes against Public Morals

What are the crimes against public morals? ... 201

Chapter One

Gambling and Betting

 ART. 195. Acts punishable in gambling and betting (P.D. 1602–Gambling Law) ... ... 201

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 ART. 196. Importation, sale and possession of Lottery

Tickets or Advertisements ... ... 202 Acts punishable ... ... 202  ART. 197. Betting in Sport Contests ... ... 202  ART. 198. Illegal betting on horse race ... 203 Acts punished ... ... 203 When horse race not allowed ... .... 203  ART. 199. Illegal Cockfighting ... ... 203

Chapter Two

Offenses Against Decency and Goods Customs

 ART. 200. Grave scandal ... ... 204 Elements ... ... 204 What to remember in Grave Scandal ... 204  ART. 201. Immortal doctrines, obscene publications and

exhibitions and indecent shows ... .... 205 Kottinger Rule: Test of Obscenity ... 206  ART. 202. Vagrants and Prostitutes. — Penalty ... 207 P.D. 1563, The Anti-Mendicancy Law ... 208

TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One

Preliminary Provisions

What are the crimes committed by public officers? ... 209  ART. 203. Who are public officers ... . 211

Who are public officers? ... ... 211

Chapter Two

Malfeasance and Misfeasance

Malfeasance ... ... 212 Misfeasance ... ... 212 Nonfeasance ... ... 212 Who is a public officer? ... ... 212 What are the crimes known as Dereliction of Duty? ... 213  ART. 204. Knowingly rendering unjust judgment ... 213 Elements ... ... 213 If you were the counsel for the judge, what is your defense? ... 214  ART. 205. Judgment rendered through negligence ... 214

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Elements ... ... 214  ART. 206. Unjust interlocutory order ... .... 215 Elements ... ... 215  ART. 207. Malicious delay in the administration of justice ... 216

Elements ... ... 216  ART. 208. Prosecution of offenses; negligence and tolerance ... 217

Acts punishable ... ... 217  ART. 209. Betrayal of trust by an attorney or solicitor – revelation

of secrets ... ... 219 Who may commit the crime? ... . 220 Three acts punishable ... ... 220 SECTION 2. Bribery ... ... 224  ART. 210. Direct Bribery ... ... 224 Three forms of Bribery ... ... 224 Three ways of committing Direct Bribery ... 225 Elements ... ... 225  ART. 211. Indirect Bribery ... ... 229 Elements ... ... 229 Essence of the crime ... ... 230 Presidential Decree No. 46 ... ... 230 Presidential Decree No. 749 ... .... 231 Republic Act No. 7080 ... ... 232 What is Plunder ... ... 232 Rule of Evidence ... ... 233 Suspension and loss of benefits ... . 233 Prescriptive Period ... ... 233 Ways of committing Plunder ... ... 234 May the circumstances affecting criminal liability apply

to Plunder? ... ... 234 Is the Plunder Law void for being vague or overbreadth ... 234  ART. 211-A. Qualified Bribery ... ... 235

Elements ... ... 235  ART. 212. Corruption of public officials ... 236

Elements ... ... 236

Chapter Three

Frauds and Illegal Exactions and Transactions

 ART. 213. Frauds against the public treasury and similar offenses ... 237 Acts punishable ... ... 237 Elements of frauds against public treasury under

paragraph 1 ... ... 238 Republic Act No. 9134 ... ... 239 Section 65 penalizes government officials and employees

without prejudice to prosecution under the Anti-Graft

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Who may commit the crime of Illegal Exaction ... 239 State the three ways of committing Illegal Exaction ... 239  ART. 214. Other Frauds ... ... 242

Elements ... ... 242  ART. 215. Prohibited transactions ... ... 243 Elements ... ... 243  ART. 216. Possession of prohibited interest by a public officer ... 243

Persons liable ... ... 243 Other Laws Applicable ... ... 245 Sec. 2, Art. IX-A, Constitution ... ... 245 Sec. 13, Art. VII, Constitution ... ... 245 Sec. 14, Article VI, Constitution ... ... 245

Chapter Four 

Malversation of Public Funds or Property

 ART. 217. Malversation of public funds or proper property ... 246 Presumption of Malversation. ... ... 246 Who may commit the crime of Malversation ... 247 What are the ways of committing Malversation... 247 Malversation may be Intentional or Culpable ... 247 Elements common to all acts of Malversation under

 Article 217 ... ... 248 Decided Cases ... ... 249 Prima Facie case of Malversation can be negated ... 249 Conversion must be affirmatively proved... 250 Failure to account missing public funds constitutes

prima facie presumption of misappropriation:

When does the presumption not arise? ... 250 Conviction may be had even if there is no

evidence of misappropriation ... 251 Reimbursement within a reasonable time, a defense ... 250 Return of Funds or Property does not extinguish

criminal liability ... ... 251 Malversation does not include technical Malversation ... 251 Malversation through negligence ... 251 A private person may commit Malversation ... 251 Malversation through Falsification ... 252  ART. 218. Failure of accountable officer to render accounts ... 252 Elements ... ... 252  ART. 219. Failure of a responsible public officer to render accounts

before leaving the country ... ... 253 Elements ... ... 253 Person liable ... ... 253

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 ART. 220. Illegal use of public funds or property... 253 Elements ... ... 254 May a senator of the Republic of the Philippines be

suspended for violation of the Anti-Graft Law

by the Sandiganbayan? ... ... 255 May a public official be suspended in a different office than

where the crime charged was committed?... 255  ART. 221. Failure to make delivery of public funds or property ... 255 Acts punished ... ... 256 Elements of failure to make payment ... 256  ART. 222. Officers included in the preceding provision ... 256 Can Malversation be committed by a private person? ... 256 Malversation may be committed by a private person ... 256

Chapter Five

Infidelity of Public Officers

SECTION 1. Infidelity in the Custody of Prisoners ... 257 What are the crimes known as Infidelity in the Custody

of Prisoners? ... ... 257  ART. 223. Conniving with or consenting to evasion ... 257

Elements ... ... 257 Classes of prisoner involved ... . 258  ART. 224. Evasion through negligence ... ... 258 Elements ... ... 258  ART. 225. Escape of prisoner under the custody of a person

not a public officer ... ... 258 Elements ... ... 258 SECTION 2. Infidelity in the Custody of Documents ... 260  ART. 226. Removal, concealment or destruction of documents. ... 260 Elements ... ... 260 Three ways of committing infidelity in the Custody

of Documents ... ... 260 Who may commit the crime? ... . 261  ART. 227. Officer breaking seal. ... ... 261 Elements ... ... 261  ART. 228. Opening of closed documents. ... 262 Elements ... ... 262 SECTION 3. Revelation of Secrets... 262  ART. 229. Revelation of secrets by an officer. ... 262 Act Punishable ... ... 262 Elements of Revelation of secrets ... ... 263 Elements of wrongful delivery of papers or copies of papers

of which he may have charge which should not

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 ART. 230. Public officer revealing secrets of private individual. ... 263 Elements ... ... 263

Chapter Six

Other Offenses or Irregularities By Public Officers

SECTION 1. Disobedience, Refusal of Assistance, and

Maltreatment of Prisoners ... ... 264  ART. 231. Open disobedience. ... ... 264 Elements ... ... 264  ART. 232. Disobedience to order of superior officer, when

said order was suspended by inferior officer. ... 265 Elements ... ... 265  ART. 233. Refusal of assistance. ... ... 265 Elements ... ... 266  ART. 234. Refusal to discharge elective office. ... 266

Elements ... ... 267  ART. 235. Maltreatment of prisoners. ... ... 267

Elements ... ... 267 Who may commit the crime? ... . 268 Punishments that are not authorized ... 268 Punishments that are authorized ... 268 Illustrations of Maltreatment of Prisoners ... 269 What is a Two-tiered penalty? ... ... 270 Examples of two-tiered penalty ... .. 270 1. Maltreatment of Prisoners ... . 270 2. Direct Bribery ... ... 270 3. Occupation of real property or usurpation of real

rights in property ... ... 271 SECTION 2. Anticipation, Prolongation, and abandonment

of the Duties and Powers of Public Office ... 271  ART. 236. Anticipation of duties of a public office ... 271 Elements ... ... 271 Who may commit crime? ... ... 272 How is it committed? ... ... 272  ART. 237. Prolonging performance of duties and powers ... 272

Elements ... ... 272  ART. 238. Abandonment of office or position ... 273

Elements ... ... 273 How is the Crime Committed? ... . 273 SECTION 3. Usurpation of Powers and Unlawful Appointments ... 274  ART. 239. Usurpation of legislative powers ... 274

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 ART. 240. Usurpation of executive functions ... 274

Elements ... ... 274

 ART. 241. Usurpation of judicial functions ... 275

Elements ... ... 275

 ART. 242. Disobeying request for disqualification ... 275

Elements ... ... 275

 ART. 243. Orders or requests by executive officers to any judicial authority ... ... 275

Elements ... ... 276

 ART. 244. Unlawful appointments ... ... 276

Elements ... ... 276

SECTION 4. Abuses Against Chastity ... ... 277

 ART. 245. Abuses against chastity – Penalties ... 277

Acts Punishable ... ... 278

Who are the Persons Liable? ... .... 278

Elements of Abuse against chastity committed by a public officer ... ... 278

The Woman is Interested in a Matter Pending before the Public Officer for Decision ... 279

The Woman is Interested in a Matter with Respect to which he is required to submit a report ... 279

Elements of abuse against chastity committed by a warden,  jail guard or any public officer who has custody of prisoners ... ... 279

Republic Act No. 7877 (Anti-Sexual Harassment Act) ... 282

TITLE EIGHT

CRIMES AGAINST PERSONS

What are the Crimes against persons? ... 283

Chapter One

Destruction Of Life

SECTION 1. Parricide, Murder, Homicide ... 284

Crimes Involving Destruction of Life ... 284

 ART. 246. Parricide ... ... 284

Elements ... ... 284

The Rules ... ... 284

Killing of a father, mother, mother or child, whether legitimate of illegitimate is parricide ... 285

Killing of a lawful spouse is parricide ... 285

Killing of Common Law spouse is not parricide ... 286

Killing of a legitimate grandparent or grandchild is parricide ... ... 286

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Killing of illegitimate grandparent or grandchild is

not parricide ... ... 286

Killing of adoptive parent or adopted child not parricide ... 286

Killing of a brother is not parricide ... 286

When the marriage is void ab initio, there is no parricide ... 286

Muslim spouse; killing of first wife only is parricide ... 287

 ART. 247. Death or physical injuries inflicted under exceptional circumstances ... ... 287

Elements ... ... 288

 Article 247 is a matter of defense... 288

By and Large, Art. 247 is not a felony ... 289

Who are entitled to the beneficial provision of Art. 247? ... 289

The two stages of the crime ... .... 289

FIRST STAGE: The Unfaithful spouse and paramour/ mistress are surprised while having sexual intercourse ... ... 289

SECOND STAGE: Killing or infliction of serious physical injury while in the act of sexual intercourse or immediately thereafter ... ... 289

Killing in the act of sexual intercourse ... 290

Killing immediately thereafter (after surprising them in sexual intercourse) ... ... 290

Infliction of serious physical injury in the act of sexual intercourse ... ... 291

The benefits of Art. 247 also apply ... 291

Who are not entitled to the benefits of Art. 247? ... 292

 ART. 248. Murder ... ... 292

What makes the killing murder? ... ... 293

What are the Qualifying aggravating circumstances? ... 293

1. Treachery ... ... 294

Requisites of Treachery ... ... 294

When must treachery be present? ... 295

Essence of Treachery (Alevosia) ... ... 295

For treachery to exist, two conditions must be found ... 296

Treachery requires the concurrence of two conditions ... 296

Alevosia is present when two conditions concur, namely ... 297

When treachery cannot be appreciated ... 297

Treachery can exist even if the attack is frontal if it is sudden and unexpected ... ... 298

Rules when the attack is frontal ... ... 299

There was no treachery: treachery is not presumed ... 299

Treachery: Qualifying aggravating circumstances must be alleged in the information ... 300

Alevosia considered even if ... ... 301

Reason for the rule ... ... 301

Treachery absorbs ... ... 301

Treachery does not change the nature of a special complex crime like Robbery with Homicide ... 301

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Against Whom Treachery Can Be Considered? ... 302

Complex Crime (Art. 48) ... ... 302

Murder With Frustrated Homicide ... 302

Treachery can be appreciated even if the intended victim is not the one killed ... ... 303

Night time is not a qualifying aggravating circumstance ... 303

2. That advantage be taken of superior strength, or means be employed to weaken the defense ... 304

Meaning of “advantage be taken of superior strength.” ... 304

There was Abuse of Superior Strength ... 306

No advantage of superior strength ... 306

Examples of “Means employed to weaken defense” ... 306

3. Killing with the Aid of Persons under 15 years of Age (Should Now Read as 15 years of  Age or Below) ... ... 307

4. Killing be Committed with the Aid of Armed Men ... 307

  Requisites... 307

5. Killing by Means of Motor Vehicles, Motorized Watercrafts, Airships or Other “Similar Means.” ... 308

The use of a motor vehicle in killing is murder. It is a qualifying aggravating circumstance ... 308

6. The Killing Be Committed In Consideration Of A Price, Reward Or Promise ... .... 309

7. The Killing be Committed by Means of Inundation, Fire, Poison, Explosion, Stranding of a Vessel, Intentional Damage Thereto, Derailment of a Locomotive, Fall of an Airship, or by the use of any other Artifice Involving great Waste And Ruin ... 309

8. Killing On The Occasion Of Conflagration, Shipwreck, Earthquake, Epidemic, Or Other Calamity Or Misfortune... 310

9. The Killing be Committed with Evident Premeditation ... ... 310

Requisites of Evident Premeditation ... 310

What constitutes a sufficient lapse of time depends upon the facts of each case ... ... 311

10. The Wrong Done in the Commission of the Crime be Deliberately Augmented by Causing Other Wrong not Necessary for its Commission. ... 312

Number of wounds on the corpse is not indicative of cruelty per se ... ... 313

Cruel wounds must be inflicted while the victim is alive ... 313

Scoffing or decrying the corpse of the dead ... 314

Anal intercourse with a dead woman is outraging the corpse of the dead ... ... 314

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Elements ... ... 315

How to distinguish homicide from physical injuries ... 315

 ART. 250. Penalty for frustrated parricide, murder or homicide ... 315

Penalty imposable in frustrated and attempted felonies ... 316

Penalty imposable in frustrated Homicide ... 316

Penalty imposable in attempted homicide ... 316

 ART. 251. Death caused in a tumultuous affray ... 316

Elements ... ... 317

Tumultuous affray ... ... 317

 ART. 252. Physical injuries inflicted in a tumultuous affray ... 317

Elements ... ... 318

There is no crime of slight physical injuries caused in a tumultuous affray ... ... 318

 ART. 253. Giving assistance to suicide ... ... 318

Acts punishable ... ... 318

 ART. 254. Discharge of firearms ... ... 321

Elements ... ... 321

Acts punishable ... ... 321

Purpose of the offender ... ... 322

When is firing a gun illegal discharge of firearm, attempted homicide or alarm and scandal? ... 322

SECTION 2. Infanticide and Abortion ... ... 322

 ART. 255. Infanticide ... ... 322

What is infanticide ... ... 322

Elements ... ... 323

Distinctions between parricide and infanticide ... 323

 ART. 256. Intentional abortion ... ... 324

Three ways of committing intentional abortion ... 324

Acts punishable ... ... 324

Elements ... ... 325

What crime is committed if the fetus had an intrauterine life of less than 7 months? ... .... 326

 ART. 257. Unintentional abortion ... ... 326

Elements ... ... 326

Can unintentional abortion be committed through negligence? ... ... 328

 ART. 258. Abortion practiced by the woman herself or by her parents ... ... 328

Elements ... ... 329

 ART. 259. Abortion practiced by a physician or midwife and dispensing of abortive ... ... 329

Elements ... ... 329

Who may commit this crime under this article? ... 329

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 ART. 260. Responsibility of participants in a duel ... 330

Acts punishable ... ... 330

 ART. 261. Challenging to a duel ... ... 330

Acts punishable ... ... 330

Chapter Two

Physical Injuries

 ART. 262. Mutilation ... ... 331

Two kinds of mutilation ... ... 331

 ART. 263. Serious physical injuries ... .... 333

How committed ... ... 334

What are considered serious physical injuries? ... 334

Deformity ... ... 335

 ART. 264. Administering injurious substances or beverages ... 335

Elements ... ... 335

 ART. 265. Less serious physical injuries ... 336

What can be considered as less serious physical injuries? ... 336

Qualified as to penalty ... ... 336

 ART. 266. Slight physical injuries and maltreatment ... 337

What are the three kinds of slight physical? ... 337

Republic Act No. 7610 ... ... 338

The New Rape Law: Republic Act No. 8353 ... 338

The State’s policy on Rape ... ... 338

Chapter Three

Rape

Republic Act 8353: The New Rape Law ... 340

Article 266-A. Rape: When and How Committed ... 340

1. Rape by Sexual intercourse ... ... 340

2. Rape by Sexual Assault... 340

Article 266-B. Penalties ... ... 340

Article 266-C. Effect of Pardon ... .. 342

Article 266-D. Presumptions... 342

Salient Features of RA 8353 ... ... 344

Distinctions between rape under RPC and Rape under RA 8353 ... ... 343

1. Rape under the Revised Penal Code, is a crime against chastity. RA 8353 reclassified rape as a crime against persons... 343

2. Who shall file the complaint or information? ... 343

(32)

Under Republic Act 8353 ... ... 344

As a crime against person ... ... 344

3. Ordinarily, rape has been understood to be a crime against women, meaning, only men can be offenders and women as the offended party ... 345

4. Before the enactment of RA 8353, the slightest penetration of the female sex organ is sufficient to consummate the crime of rape ... 345

5. Under RA 8353, rape includes insertion of the penis into another person’s mouth or anal orifice, or any instrument or object, into the genitalia or anal orifice of another person ... ... 345

6. Under the new law, marital rape can now be committed. That is to say, husband can now commit rape against his wife ... ... 347

7. In marital rape, the criminal action or penalty is extinguished by a subsequent forgiveness by the wife ... 347

The law on pardon ... ... 347

Pardon under Art. 344 of the RPC only bars criminal prosecution ... ... 348

Pardon under the RPC must be given before the institution of criminal ... ... 348

People v. Lim (206 SCRA 176) ... .. 349

8. Subsequent valid marriage between the offender and the offended party extinguishes the criminal liability of the accused or the penalty already imposed ... 350

Under RA 8353; What is the effect of subsequent valid marriage? ... ... 351

9. Under RA 8353 rape can be committed by means of fraudulent machination or grave abuse of authority ... 351

Did RA 8353 Repeal Art. 337 (Qualified Seduction) and Art. 388 (Simple seduction) of the RPC? ... 352

10. Under RA 8353 the resistance of the victim against the Act of rape maybe lesser than the resistance contemplated under Art. 355 of the Revised Penal Code... 352

Elements of rape under Art. 266-A, Par. 1(a), RA 8353 ... 353

Rape by sexual intercourse ... .... 353

Force ... ... 353

Intimidation ... ... 354

Resistance ... ... 354

Consent of minors not a valid defense ... 356

Consent obtained by fear is void ... 357

Sexual intercourse with a woman deprived of reason constitutes rape ... ... 357

Complete deprivation of reason not necessary ... 357

A mentally retarded woman cannot give valid and legal consent to sexual act ... .... 358

Figure

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References

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