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
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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)
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 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
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
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
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
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
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
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
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? ... 46Who are liable for crimes against the fundamental laws of the State? ... ... 46
SECTION 1. Arbitrary Detention or Expulsion ... 47
ART. 124. Arbitrary detention ... ... 47
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
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 ... ... 67ART. 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
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 ... ... 87ART. 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 ... ... 90Two 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
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 ... 106The 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
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 ... 113Elements ... ... 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 ... 118Who 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 ... 121The 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
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 ... 150ART. 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... 164ART. 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
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 ... 175Republic 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
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? ... 201Chapter One
Gambling and Betting
ART. 195. Acts punishable in gambling and betting (P.D. 1602–Gambling Law) ... ... 201ART. 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
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
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
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
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
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? ... 283Chapter One
Destruction Of Life
SECTION 1. Parricide, Murder, Homicide ... 284Crimes 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
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
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
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
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 ... ... 331Two 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 ... 340Article 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
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