Crim2 Notes

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OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala Source: https://warlita.wordpress.com/right_brained/

I will live my life to the fuNNiest. (BIARES, 2014).

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Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

With

OTHER

Crimes

Circumstances

I- inherent A- aggravating Title One

Crimes Against National Security and Laws of the Nations National Security Section One: Treason and Espionage

114: Treason Offender: Filipino Citizen or Resident alien Alien residing here Treason Absorbs crimes committed in furtherance thereof Not in furtherance: separate I- treachery, abuse of superior strength evident premeditation; conspiracy/ proposal to commit treason A- ignominy, cruelty, amount of degree of aid, gravity of separate distinct acts or reason

There is a war which the Philippines is involved.

No formal declaration of war Mere internal conflict/ causing disturbance in the country

Treason Sedition Offender either:

1) levies war against the govt

2) adheres to the enemies by giving them aid AND comfort

Committed where: 1) FC: anywhere 2) RA: in the Phil only 115: Conspiracy to

Commit Treason Committed during time of war Two or more persons One only Yung totoo! :D Come to an agreement to levy war against the govt

or to adhere to the enemies and to give them air or comfort and decide to commit it.

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116: Proposal to Commit Treason

Committed during time of war

A person has decided to levy war against the govt or adhere to the enemies by giving them aid or comfort

Proposes its execution to other person/s Other person does not accept Still Art 116 117: Misprision

Treason

Offender: citizen of the Philippines; AND NOT A FOREIGNER

That he has knowledge of any conspiracy against the govt

Treason already committed Treason That the conspiracy is one to commit treason

That he conceals or does not disclose and make known the same asap to the proper authority

Section Two: Provoking War and Disloyalty 118: Espionage

Two ways of committing: during time of peace/ war FIRST:

Offender ( citizen or foreigner) enters a warship; fort; a military; or naval establishment or reservation

Foreigner Espionage

That he has no authority

Purpose: to obtain information, plans, photo, other data of a confidential nature relative to the defense of the Philippines

Not obtained Espionage

SECOND

Offender is a public officer

That he has in his possession the articles, data, or information obtain information confidential nature relative to the defense of the Philippines BY REASON of his public office

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That he discloses their contents to a representative of a foreign nation

Beauty contestant of a Foreign country

Espionage Commonwealth Act

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

1. Unlawfully obtaining or permitting to be obtained information affecting national defense; 2. Unlawful disclosing of information affecting national defense;

3. Disloyal acts or words in times of peace; 4. Disloyal acts or words in times of war;

5. Conspiracy to violate preceding sections; and 6. Harboring or concealing violators of law.

Laws of the Nations 118: inciting to war

or giving motives for reprisals

Offender performs unlawful or unauthorized acts That such acts

a) provoke or give occasion for a war involving or liable to involve the Philippines

b) expose Filipino citizens to reprisals on their persons and property

During time of peace 119: Violation of

Neutrality There is a war in which the Ph is not involved

There is a regulation issued by a competent authority (President or AFP chief of staff) for the purpose of enforcing neutrality

No regulation No Crime

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120: Correspondence

with hostile country That there is a war in which the Philippines is involved Offender makes correspondence:

a) enemy country

b) territory occupied by the enemy troops Correspondence is EITHER:

a) prohibited by the govt

b) carries in ciphers or conventional signs

c) contains notice or information which might be useful to the enemy

Innocent matters and there is prohibition

No prohibition but carries in ciphers/ conventional signs Offender intended to give aid to enemy by giving information Still 120 Still 120 Treason 121: Flight to Enemy’s

country There is a war which Ph is involved

Offender owes allegiance to the govt Resident alien Still 121 Offender attempts to flee or go to enemy country

Going to enemy country is prohibited by competent

authority No prohibition No crime

Section Three: Piracy and Mutiny on the high seas in the Philippines 122: Piracy in the

high seas OR ph waters

The vessel is on the high seas/ ph waters

Ph waters only PD 532

Offenders are NOT members of its complement or

passengers Any person PD 532

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1. by attacking or seizing a vessel on the high seas or Ph waters

2. by seizing in the vessel while on the high seas or in Ph waters the whole or part of its cargo, equipment, personal belongings of its complement or passengers Mutiny in the high

seas OR ph waters Vessel is on the high seas/ Ph waters Offenders: crew or passengers

Unlawful resistance to a superior of the raising of commotions and disturbances on board a ship against the authority of the commander

PD 532 Anti- piracy and anti- highway robbery law

PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.

Aiding or abetting of piracy

1. knowingly aids or protects pirates

2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom. 3. directly or indirectly abets the commission of piracy

123: qualified piracy 1. offenders have seized the vessel by boarding or firing the same

2. abandoned their victims without means of saving themselves

3. murder/ homicide/ physical injuries/ rape

Regardless of number of victims: it is one SPECIAL COMPLEX CRIME Qualified mutiny 2. abandoned their victims without means of saving

themselves

3. murder/ homicide/ physical injuries/ rape RA 6235 Anti-hijacking law

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Four situations governed by anti hi-jacking law:

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

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

(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and

(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.

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 meeting and crimes against Religious Worship

Section One: Arbitrary Detention and Expulsion 124: Abritrary

Detention Offender is a public officer or employee Not public officer vested with authority or not in duty

Illegal detention Unlawful arrest Has authority to arrest and detain Feigned to arrest a person

without any legal cause to deliver him to authories

Unlawful arrest He detains a person ( Physical or Psychological

retraint)

Detention is without legal grounds Legal grounds:

Commission of crime/ violent insanity/ hospital confinement

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125: delay in the delivery of detained person to the proper judicial authorities

Offender is a public officer or employee Made by a private individual Illegal detention He has detained a person for some legal ground Has a warrant of arrest

Illegal from the beginning No crime Arbitrary detention He fails to deliver such person to the proper judicial

authorities within:

a) 12 hours- light penalties

b) 18 hours- correctional penalties c) 36 hours- afflictive penalties 126: delaying

release Offender is a public officer or employee That there is a

a) judicial or executive order for the release of a prisoner or detention prisoner or

b) that there is a proceeding upon a petition for the liberation of such person.

Offender without good reason delays either:

a) service of the notice or such order or release to the prisoner

b) performance of such judicial or executive order for the release of prisoner

c) proceedings upon petition for the release of such person.

127: expulsion Offender is a public officer or employee He expels any person from the ph or compels a

person to change his residence Expropriation or penalty is destierro Alien expelled by the president

Court by final judgment order change of address

No crime No crime No crime

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Offender is not authorized to do so by law

Section Two: Violation of Domicile 128: violation of

domicile

Offender is a public officer or employee Private individual or public officer who has no authority to effect search and seizure

Trespass to dwelling He is not authorized by judicial order to enter the

dwelling and or to make the search for the papers and other effects.

Has warrant but maliciously

obtained 129

That he:

a) entered any dwelling against the will of the owner ( no consent + objection).

b) searched paper or other effects found therein without consent of such owner (lack of consent) c) refuses to leave the premises after having

surreptitiously entered said dwelling and after having been required to leave

not lawful occupant

paper/ effects not found in the dwelling

Entered into a door not for entry

Qualifying: 1) night time

2) if any or effects not constituting evidence of a crime are not returned immediately after a search is made by the offender

No crime No crime Still 128 Qualified Violation of Domicile 129: search warrant maliciously obtained

Offender is a public officer

He procures search warrant Through falsification of affidavit

No warrant

129 AND perjury Violation of domicile

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No just cause Abuse in the service

of those legally obtained

Offender is a public officer of employee He has legally procured a search warrant

He exceeds his authority or uses unnecessary severity in executing the same

130: searching domicile without

witnesses Public officer or employee Armed with a search warrant legally procured Not in the dwelling No crime He searches domicile papers, or other belongings of

any person

Owner or any member of his family or 2 witnesses residing in the same locality are not present

Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings 131: prohibition,

interruption, and dissolution of peaceful meetings

Offender is a public officer or employee

Stranger Participant Private individual Still 131 Unjust vexation Art 153: tumults He

a) prohibits, interrupts, or dissolves without legal ground the holding of peaceful meeting.

b) hinders any person from joining any lawful association or from attending any of its meetings c) prohibits, hinders any person from addressing, either along or together with other, any petition to the

Interrupts or dissolves a meeting of the municipal council by a public officer

Art 143-144: crimes against legislatives bodies and similiar bodies

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authorities for the correction of abuses or redress of grievances

Section Four: Crimes Against Religious Worship 132: interruption of

religious worship He is a public officer or employee That religious ceremonies or manifestations of any religion are about to take place or are going on

If prohibition or disturbance is committed in a meeting or rally of a sect

Art 131 The offender prevents of disturbs the same Qualified: by violence or

threats

Qualified Art 132 133: offending

religious feelings

Any person

Acts complained were performed:

a) in a place devoted to religious worship b) during celebration of any religious ceremeny Acts must be notoriously offensive to the feelings of the faithful

Not Unjust vexation

Title Three

Crimes Against Public Order Title Three

Crimes Against Public Order Chapter One

Rebellion, Coup d’etat, Sedition, and Disloyalty 134: rebellion/

insurrection There is public uprising AND taking of arms against

the govt. actual clash not necessary Levies war vs govt or gives aid to enemies Treason

Absorbs crimes committed in furtherance

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Mere silence of knowledge of Rebellion No crime thereof Not in furtherance: separate For the purpose:

a) removing the allegiance to said govt or its law - the ph territory or any part thereof

- any body of land, naval or other armed forces b) depriving the president or congress, wholly or partially or any of their powers or prerogatives

No evidence of purpose Minor purpose violation of allegiance If judiciary Sedition or kidnapping insurrection treason Sedition During time of peace of war

134-a: coup d’etat That the offender is a person or persons belonging to the military or police holding any public office or employment.

With or without civilian participation

One person

coup d’etat coup d’etat Committed by means of swift attach, accompanied by

violence, intimidation, threat, strategy, or stealth Public uprising and taking of arms vs govt Rebellion Attack is directed against duly constituted authorities

of the RP, or any military camp or installation , or communication networks, public utilities or other facilities needed for the exercise and continued possession of power

Purpose of attack: seize or diminish state power (president, legislative, judicial power, and police power)

Overthrow the govt Rebellion Human Security Act of

2007 Sec. 3 Terrorism – Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters); b. Article 134 (Rebellion or Insurrection);

c. Article 134-A (Coup d’ Etat), including acts committed by private persons; d. Article 248 (Murder);

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e. Article 267 (Kidnapping and Serious Illegal Detention); f. Article 324 (Crimes Involving Destruction);

or under Special Laws:

(1) Presidential Decree No. 1613 (The Law on Arson);

(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); (3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);

(4) Republic Act No. 6235 (Anti-Hijacking Law);

(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) and,

(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

135: penalty for rebellion/

insurrection/ coup d’etat

Persons liable for rebellion, insurrection or coup d' etat under Article 135 1.The leaders –

a.Any person who promotes, maintains or heads a rebellion or insurrection; or b.Any person who leads, directs or commands others to undertake a coup d' etat; 2.The participants – eg, assistant

a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat;

b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat. 136: conspiracy and

proposal to commit rebellion, insurrection or coup d’eata

There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it.

There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons.

137: disloyalty of public officers or

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1. failing to resist rebellion by all means in their power

2. continuing to discharge the duties of their office under the control of rebels

3. accepting appointment to office under the rebels 138: inciting to

rebellion /

insurrection Offender does not take up arms or is not in open hostility against govt

Person has decided and

proposes to another. Proposal to commit rebellion He incites others to the execution of any acts of the

rebellion

That the inciting is done by means of (spwebo)- speeches, proclamations, writings, emblems, banners, or other representations tending to the same end.

Done publicly Done secretly

Inciting 138

Proposal to commit rebellion

139: sedition Offenders rise publicly and tumultuously Violation of allegiance Taking of arms vs govt

Treason rebellion Use of unlicensed firearms (RA 8294) is absorbed. Common crimes are not absorbed. They employ (fio)force, intimidation,or other means

outside of legal methods The following objects:

a) to prevent the promulgation or execution of any law or the holding of any popular election

b) to prevent the govt or any public officer from freely exercising its or his functions, or prevent the execution of any administrative order

c) to inflict any act of hate or revenge upon the person or property of any public officer or employee d) to commit, for any political or social end, any act of hate or revenge against private persons or any social class

e) to despoil, for any political or social end, any

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person or the govt of all its property or any part thereof.

140: penalty for sedition

Persons liable for sedition under Article 140 1. The leader of the sedition; and

2. Other person participating in the sedition. 141: conspiracy to

commit sedition 1. two or more person come to an agreement Not mere agreement but

actually done sedition 2. to rise publicly and tumultuously and to either of

the objectives of sedition 142: inciting to

sedition

4 acts punished:

1. inciting others to commit sedition by means of spwebo - offender does not take part in the crime of sedition

-he incites others to the accomplishment of any of the acts which constitute sedition - by means of spwebo

2. uttering seditious words or speeches which tend to disturb public peace

3. writing, publishing, or circulating scurrilous libels against the govt or any of its duly constituted authorities 2 and 3 punishable when:

-tend to disturb or obstruct any lawful officer in executing the functions of his office -tend to instigate others to cabal and meet together for unlawful purposes

- they suggest or incite rebellious conspiracies or riots

- they lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the govt 4. knowingly concealing evil practices

Chapter Two

Crimes Against Popular Representation

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143: acts tending to prevent the meeting of the assembly and similar bodies

There be a projected or actual meeting of the congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, of of any provincial board or city or municipal council or board.

Peaceful meeting Art 131

Complexed with Force- physicial injuries Fraud- falsification Offender, who may be any person, prevents such

meeting by force of fraud 144: disturbance of

proceedings That there be a meeting of congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board

144 can be made the basis of contempt The offender does the ff acts:

1) he disturbs any of such meetings

2) he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the repect due to it.

Not participant participant

144

Not 144, unjust vexation (?)

Section Two: Violation of Parliamentary Immunity 145: violation of

parliamentary immunity

2 acts punished: First: any person

a) offender uses force, intimidation, threats, or fraud b) that the purpose of the offender is to prevent any meme of the congress from:

- attending the meetings of the congress or any of its committees or constitutional commissions,

-expressing his opinions, -casting his vote

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a) that the offender is a public officer or employee b) that he arrests or searches any member of the congress

c) that the congress, at the time of the arrest or search, is in regular or special session

d) that the member arrested or searched has not committed a crime punishable under the RPC a penalty higher that prision mayor

Reclusion Temporal to Death Prision mayor

Fine to Prision correctional

Not exempt Not exempt Exempt

Chapter Three

Illegal Assemblies and Associations 146: Illegal

Assemblies

2 kinds of illegal assemblies: First:

a) there is a meetings, gathering or group or person, whether in a fixed place or moving

b) meeting is attended by ARMED person c) purpose is to commit any crime under the RPC Second:

a) there is a meetings, gathering or group or person, whether in a fixed place or moving

b) that the audience, ARMED OR NOT, is incited to the commission of the crime of treason, rebellion, or insurrection, sedition or direct assault.

Not incited Incited:

Organizers / leaders/ persons merely present Speaker who incited

No crime

Illegal assembly Inciting to rebellion/ sedition

147: Illegal

Associations Prohibited associations, totally or partially organized for: 1) committing any of the crimes punishable under the RPC

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Chapter Four

Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents 152: persons in

authority and agents in persons in authority

A person in authority (PIA) is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws. An agent of a person in authority (APA) is one charged with

(1) the maintenance of public order and

(2) the protection and security of life and property.

-person who comes to the aid of PIA is considered an agent of person in authority

Public Officer: any person who takes part in the performance of public functions in the govt 148: direct assault

Two ways of committing Offender is also a PIA or APA in the performance of official duties

PIA or APA is suspended

Coercion or Physical injuries

Coercion or PI WITHOUT PUBLIC UPRISING

a) that the offender employs force or intimidation b) aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition

c) no public uprising

offended: PIA or APA or private individual

If there is public uprising Rebellion/sedition PIA or APA is killed: complex crime of DA with homicide or murder Injured: complex crime of DA with serious or less serious Physical WITH PUBLIC UPRISING

a) offender - makes an attach -employ force

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PIA: serious OR not serious APA: serious

-Makes a serious intimidation -makes a serious resistance (active)

b) that the person assaulted is a PIS or APA c) that at the time of assault:

- PIA or APA is engaged in the ACTUAL performance of his official duties

- that PIA or APA is assaulted by reason of the PAST performance of his official duties

d) that the offender knows that the one he is

assaulting is a PIA or APA in the exercise of his duties e) there is no public uprising

Not serious

1) committed with a weapon 2) offender is a public officer or employee

3) offender lays hands upon PIA 151: resistance and disobedience Qualified DA: injuries Slight physical injuries: PIA: separate offense APA: absorbed 149: indirect assault

That APA is the victim of any of the forms of DA in Art 148

No DA Physical injuries

A person comes to the aid of APA

Note: person coming to the aid of PIA is an APA

Private individual or PIA or APA not in the performance of

duty Still 149

Offender makes use of force or intimidation upon such person coming to the aid of APA

149 and 152 Victim Crime committed UPON VICTIM

Person coming to his aid qualifier Crime committed UPON AID PIA

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DA APA Serious

Not serious Art 151. Resistance/disobedience Private individual ( becomes

APA)

Serious 148. DA 2nd_kind

PIA Not serious Art 151. Resistance/disobedience

APA Regardless PIA Regardless 148. DA 2nd_kind

DA APA Serious 148. DA 2nd_kind

Not serious Art 151. Resistance/disobedience Private indivl regardless 149.IA

Resistance/ disobedience APA Serious 148. DA 2nd_kind

Not serious Art 151. Resistance/disobedience Regardless Private Indvl ( does not

become APA)

regardless Physical injuries or coercion Note:

Person comes to the aid of PIA- becomes APA

Person comes to the aid of APA- does not become APA 150: disobedience to

summons issues by the national assembly, its committees or subcommittees, by the constitutional commission, its committees, subcommittee or Acts Punished:

1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses;

2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;

3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions;

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divisions

4. By restraining another from attending as a witness in such legislative or constitutional body; 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official. 151: resistance and

disobedience to a person in authority or agent of such person

That a PIA or APA is engaged in the performance of official duty or gives a lawful order to the offender (direct order)

Offender resists or seriously disobeys such PIA or APA Not seriously disobedience

Serious resistance Simple disobedience DA Act of offender does not fall in 148-150

Offender knows PIA or APA is a public officer.

Chapter Five Public Disorders 153: tumults and other disturbances of public order Acts punished:

1. Causing any serious disturbance in a public place, office or establishment;

2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132;

3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems which

provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed.

If done with the idea afterthought of inducing his hearers or readers to commit the crime of rebellion or sedition.

Committed by a stranger or public officer who is a participant Public officer disturbance or interruption of a tumultuous character. Inciting to sedition or rebellion Still 153 Qualified Art 153 Art 131-2 Can be complxed with DA if the tumults and disturbances of public order are directed against PIA or APA.

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154: unlawful use of means of publication and unlawful

utterances

Acts punished

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

2. Encouraging disobedience to the law or to the constituted authorities or praising, justifying or

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

3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially;

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

Note: actual public disorder or actual damage to the credit of the state is not necessary. The mere possibility of causing such damage is sufficient. Rises publicly

If printer/ owner of the printing establishment took part in the preparation and publication of the libelous writings Inciting to sedition RA no. 248: prohibits reprinting, reproduction, republication of govt publications without previous authority. Art 360. Libel. Publication is obscene and anonymous, the offenses can not be complexed as they involve different acts separately punished under 154 and Art 201 on obscene publications.

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155: alarms and scandal

Acts punished

1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm of danger;

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

3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;

4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 in not applicable.

Directed to a person No alarm During fiesta Disturbance is serious Art 254. Discharge of firearms No crime No crime Art 153 156: delivering prisoners from jail LIABILITY OF ONE WHO

HELPS/REMOVES PRISONER.

There is a person confined in jail Confined in hospital or asylum Art 156

LIABILITY OF ONE WHO ESCAPES: Detention prisoner: NO LIABILITY CONVICT by FINAL JUDGEMENT: evasion of service of sentence. Art. 157.

That the offender removes therefrom such person, or helps him escape.

Offender is a public officer who is actually and presently in custody or charge of the prisoner

But is escapee is serving sentence of treason, murder, parricide

IF DELIVERY OF PRISONER

Art 223. Infidelity in the custody of a prisoner

Accessory thereof. BRIBER: corruption of PO

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COMMITTED THROUGH BRIBERY: LIABILITY

(Art 212) and Art 156 JAILER: infidelity (Art 223) and bribery (Art 210)

PRISONER: evasion of service (Art 157)

Chapter Six

Evasion of Service of Sentence 157: evasion of

service of sentence

Offender is a convict by final judgment He is serving his sentence, which consists in the deprivation of liberty

He evades the service of his sentence by escaping

during the term of his sentence 1. By means of unlawful entry (this should be “by scaling” - Reyes);

2. By breaking doors,

windows, gates, walls, roofs or floors;

3. By using picklock, false keys, disguise, deceit, violence or intimidation; or

4. Through connivance with other convicts or employees of the penal institution.

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158: evasion of service of sentence on the occasion of disorders, conflagration, earthquake, of other calaminities.

That the offender is a convict by the final judgment , and is confined in a penal institution

That there is disorder, resulting from: conflagration, earthquake, explosion, similar catastrophe, mutiny in which he has not participated

Takes part in the mutiny Mutiny That the offender leaves the penal institution where

he is confined, on the occasion of such disorder or during mutiny

That offender fails to give himself up to the authorities within 48 hours following the issuance of a

proclamation announcing the passing away of the calamity

159: Other cases of evasion of sentence (conditional pardon)

Offender was a convict

He was granted a conditional pardon by the chief executive

That he violated any of the conditions of such pardon

Chapter Seven

Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense 160: Commission of

another crime during the service of penalty imposed for another previous offense (quasi-recidivism)

That offender was already convicted by final judgment of one offense

First crime violated a special law

Still Art. 160. It is special

aggravating circumstance That he committed a new felony before beginning to

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Title Four

Crimes Against Public Interest Chapter One

Forgeries

Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive 161: counterfeiting

seal of the

government, signature and stamp of the govt

Acts punished:

1) Forging the seal of the government of the Philippines

2) forging the signature of the president 3) forging the stamp of the president 162: use of forged

signature, counterfeit seal or stamp

The seal or RP was counterfeited OR the signature or stamp of the chief executive was forged by another person

If not by another but the one

who used the same Art. 161 That offender knew about this

That he used the same

Section Two: Counterfeiting Coins 163: making and

importing and uttering false coins

That there be false or counterfeited coins False coin currency of foreign country

Former coins withdrawn from circulation

Art 163

That the offender either made, imported, or uttered such coins

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coins, he connived with the counterfeiters or importers 164: mutilation of

coins- importation and utterance of mutilated coins

Acts punished:

1. Mutilating coins of the legal currency, with the further requirements that there be intent to damage or to defraud another;

2.Importing or uttering such mutilated coins, with the further requirement that there must be connivances with the mutilator or importer in case of uttering.

Foreign country Not Art 164.

165: Selling of false or mutilated coin, without connivance

Acts punished

1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated;

Elements Possession;

With intent to utter; and Knowledge.

2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. Elements

Actually uttering; and Knowledge.

Constructive possession Note:

Mutilation: legal tender Forge, counterfeit, utter: regardless

Stil Art 165

Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities 166: Forging treasury

or Bank notes, obligations and

Acts punished:

1) Forging or falsification or treasury or bank notes or other documents payable to bearer

Falsification of PNB checks Falsification of

commercial documents under Art 172 in

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securities; Importing and Uttering the same

2) Importation of the same (bringing in Ph O/N forged or falsified outside)

3) uttering the same in connivance with forgers or importers

connection with Art 171 of RPC.

167: counterfeiting, importing and

uttering instrument not payable to bearer

That the be an instrument payable to order or other document of credit not payable to bearer

That offender either forged imported or uttered such

instrument Utterer is the forger Forgery

That in case of uttering, he connived with the importer or forger

168: illegal

possession and use of false treasury or bank notes and other instruments of credit

That the treasury or bank note or certificate or other obligation and securities payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another

Mere possession of false treasury or bank notes

No crime

That the offender knows that any of these instruments is forged or falsified

That he performs any of these acts:

a) using any of such forged or falsified instrument OR b) possessing with intent to use, any of the forged or falsified document

169: How forgery is committed

1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document;

2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein.

Defacement mutilation tearing burning or destroying of the CB notes and coins

PD 247

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SEC. 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following:

"(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.

"(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above.

"(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so."

"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1) banking day."

"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: "1. there is no underlying legal or trade obligation, purpose or economic justification;

"2. the client is not properly identified;

"3. the amount involved is not commensurate with the business or financial capacity of the client;

"4. taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the Act;

"5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client’s past transactions with the covered institution;

"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or "7. any transaction that is similar or analogous to any of the foregoing."

Unlawful Activity:

SEC. 3. Section 3(i) of the same Act is further amended to read as follows:

"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following: "(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;

"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; "(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;

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"(4) Plunder under Republic Act No. 7080, as amended;

"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; "(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

"(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; "(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;

"(9) Swindling under Article 315 of the Revised Penal Code, as amended; "(10) Smuggling under Republic Act Nos. 455 and 1937;

"(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;

"(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets;

"(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; "(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."

Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages 170: Falsification of

Legislative Documents That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of Legislature or any provincial board or municipal council

Other acts of falsification Art 171 or 172

The offender alters the same

That he has no proper authority therefor

That alteration changed the meaning of the document Offender is private invdl or Public officer

171: Falsification by public officer, employee or natary or ecclesiastical minister

That the offender is a public officer, employee or notary public of ecclesiastical minister

That he takes advantage of his official position when a) he has the duty to make or prepare or otherwise intervene in the preparation of document

b) he has the official custody of the document which

If does not take advantage Art 172. Falsification of public document by a private individual

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he falsified Offender falsifies a document 8 modes:

He falsifies a document by committing any of the following acts:

1267: GENUINE document

others: simulating or fabricating a document.

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

3. Attributing to persons who have participated in an act or

proceeding statements other than those in fact made by them;

ELEMENTS:

a. there is an intent to imitate or an attempt to imitate

b. two signatures or handwritings, the genuine and the forged bear some resemblance.

a) that the offender caused it to appear in a document that a person/s

participated in an act of proceeding b) such persons did not in fact so participate in the act or proceeding a) that a person/s participated in an act or proceeding

b) that such person/s made statements in that act or proceeding

c) that the offender in making a document, attributed to such person, statements other than those in facts

No ATTEMPT ( so that they are entirely unlike the genuine signature)

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4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or

intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including

made by such person/s.

a) that the offender makes a document statements in a narration of facts b) that he has the legal obligation to disclose the truth of the facts narrated by him

c) that the facts narrated by the offender are absolutely false d) that the perversion of truth in the narration of facts was made with the wrongful intent of injuring a 3rd_person. a) Must affect either the veracity or documents or the effects thereof. a) that there be an alteration or intercalation on a document. b) that it was made on a genuine document.

c) that the alteration or intercalation has changed the meaning of the document. d) that the change made the document speak something false.

Narration. Not conclusion of law.

Not absolutely wrong. There is some colorable truth.

If false narration is in an affidavit or statement required by law.

Alteration of dates in official receipts to prevent discover of malversation. Means to

conceal.

Private individual or notary public or public officer who

No crime. Perjury

Falsification

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in such a copy a statement contrary to, or different from, that of the genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

does not take advantage of his official position.

172: falsification by private individuals and use of falsified documents

Acts punished:

1) falsification of public, official, or commercial document by a private individual

- the offender is a private individual or a public officer or employee who did not take advantage of his official position.

- that he committed any of the acts of falsification enumerated in Art. 171 (1-6)

- That the falsification was committed in a public or official or commercial document.

2) Falsification of private document by any person - that he offender committed any of the acts of falsification, 1-6 and 8 in Art 171

- That the falsification was committed in a private document

That the falsification caused damage to a 3rd_party or at least the falsification was committed with the intent to cause such damage.

3. Use of falsified document

Estafa through falsification of a private document.

If a person knowingly offers in evidence a false witness or testimony

ONLY estafa.

Art 184.offering false testimony in evidence.

Flasification and Estafa: Of Public or official document: Complex crimes id committed as a necessary means to commit estafa. If to conceal it: estafa only. Of Private document:

Even if used as a necessary means: it is either Estafa or Falsification only. To determine which: pin point which crime was first committed.

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a) introducing in a judicial proceeding

- that the offender knew that the document was falsified by another

- that the false document was embraced in Art 171 or in any subdivision 1 and 2 of Art 172

- that he introduced said document in evidence in any judicial proceeding

Note: no damage is required b) Use in other transactions

- that the offender knew that the document was falsified by another person

- that the false document was embraced in Art 171 or in any subdivision No. 1 or 2 of Art 172

If a person uses a document with knowledge of its falsity to affect the course of the

outcome of the investigation of proceedings IN CRIMINAL CASES.

Through reckless imprudence

PD 1829. Obstruction of justice. No such crime. 173: Falsificstion of wireless, cable, telegraof and telephone messages and use of said falsified messages

Acts punished:

1) Uttering fictitious wireless, telegraph, or telephone messages

2) Falsifying wireless, telegraph, or telephone messages

For 1 and 2:

- that the offender is an officer or employee of the govt or an officer or an employee of a private corporation, engaged in the service of sending or receving wireless, cable or telephone message - he commits any of the above acts

3) Using such falsified messages:

- offender need not be connected to the govt or such corp

Private individual;s who forge of alter telegram

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- that the accused knew that the wireless, cable, telegraph, or telephone message was falsified by any person specified in the 1st_{paragraph of Art 173.} - that the accused used such falsified dispatch

- that the use of such falsified dispatch resulted in the prejudice of a 3rd_{party or that the use thereof was} with the intent to cause such prejudice.

Section Five: Falsification of Medical Certificates, Certificates of Merit or service and the Like 174: False Medical

Certificates False Certificates of Merit or Service

Persons liable:

1) Physician or Surgeon who, in connection with the practice of his profession, issued a false certificate 2)Public officer who issued a false certificate of merit or service, good conduct or similar circumstances 3) Private individual who falsified a certificate falling in the classes mentioned in 1 and 2.

property

False Medical Certificate by a Physician

False Cerificate or Merit or Service by a Public Officer

False Medical

Certificate by a Private Individual OR

False Cerificate or Merit or Service by a Private Individual

Not covered. 175: Using false

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That the offender knew that he certificate was false

That he used the same Used false certificates in a judicial proceeding

False documents in Art 171-172 in a judicial proceeding

Art 175 Art 172

Section Six: Manufacturing, Importing and Possession of instruments or Implements Intended for the Commission of Falsification 176: Manufacturing and possession of instruments and implements for falsification Acts punished:

1. making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for the counterfeiting of falsification

2. possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.

Incomplete ser of materials for counterfeiting Constructive possession Still Art 175 Still 175 Chapter Two Other Falsities

Section One: Usurpation of Authority, Rank, Title and Improper use of Names, Uniforms, and Insignia 172: Usurpation or

Authority or official Function

Two Offenses:

First: Usurpation of Authority

Elements

1. Offender knowingly and falsely represents himself; 2. As an officer, agent or representative of any department or agency of the Philippine government

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or of any foreign government.

Second: Usurpation of Official Functions Elements

1.Offender performs any act;

2.Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof;

3.Under pretense of official position; 4.Without being lawfully entitled to do so.

Usurps diplomat/ consular or other foreign govt

In addition RA No. 75

178: Using fictitious name and concealing true name

First: Using Fictitious Name:

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

-That he uses the fictitious name publicly -The purpose of the offender is

a) conceal a crime

b) to evade the execution of a judgment c) to cause damage to public interest

If against public interest Estafa

May be complexed with: Delivering prisoners from jail BUT NOT with evasaion of service of sentence. Second: Concealing True Name

-that the offender conceals a) his true name AND

b) that the purpose is only to conceal his identity Art 178, Art 348, Art

315 par 2, PD 1829

Using Ficittiuous Name Art 178

Usurpation of Civil Status Art 348

Estafa (Art 315 par 2)

Using Fictitious name Under PD 1829

Purpose:

a) conceal a crime

b) to evade the execution of a judgment

c) to cause damage to public interest

Purpose:

To enjoy the rights arising from the civil status of the person

impersonated

Purpose:

Defraud 3rd_persons

Purpose:

To conceal a crime, evade prosecution or the execution of judgment or concealing his true name and other personal

circumstances for the same purpose CA 142 Commonwealth Act No. 142 (Regulating the Use of Aliases)

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GR: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.

Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally accepted practice.

179: Illegal Use of Uniforms or Insignia

That the offender makes use of insignia, uniform, or dress

Not exact imitation

Manufacture, sale, distribution and use of PNP uniforms, insignias, and other accoutrements

Still 179 EO 297

The insignia, uniform, dress pertains to an office not held by the offender or to a class of persons of which he is not a member

Imaginary office AFP or Consbulary

Naval, military, police or other official uniform, decoration, or regali of a foreign State

No crime Ra 493 RA No. 75 That said insignia, uniform or dress is used publicly

AND improperly

Section Two: False Testimony Three forms 1. in Criminal cases (180-181)

2. in Civil cases (182) 3. in other Cases (183) 180: False Testimony

against defendant

That there is a criminal proceeding Violation under special penal law

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That the offender testifies falsely under oath against the defendant therein

Court does not consider testimony

Incomplete

Still 180 No crime That the offender who gives false testimony knows

that it is false Good faith No crime

That the defendant against whom the false testimony is given is either acquitted or convicted in final judgment

181: false testimony favorable to

defendant

A person gives false testimony; Defendant himself and imputes another

Rectified mistakes right after giving it

Still 181 No crime In favor of the defendant;

Criminal case Acquitted/ convicted Still 181

182: false testimony

in civil cases Testimony given in a civil case Related to the issue presented in the case Given in a special proceeding 182 not applicable Testimony is false

Defendant knows it is false

Testimony must be malicious and given with an intent to affect the issues presented in said case

183: perjury Two ways of committing:

First: falsely testifying under oath Second: making false affidavit

Good faith No crime

Offender makes a statement under oath or executes

an affidavit upon a material matter; Not material Not perjury The statement or affidavit is made before a

competent officer, authorized to receive and administer oaths;

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Offender makes a willful and deliberate assertion of a falsehood in the statement or affidavit;

The sworn statement or affidavit containing the falsity is required by law or authorized by law, that is, it is made for a legal purpose

Subordination of perjury

Person who knowingly and willfully procure another To swear falsely

And the witness suborned does not testify under the circumstances rendering him guilty of perjury 184: offering false

testimony in evidence That the offender offered in evidence a false witness or testimony induced Not 184 but subordination of perjury That he knew the witness or testimony was false

That the offer was made in a judicial or official proceeding

Chapter Three Frauds

Section One: Machinations, Monopolies, and Combinations 185: Machinations in

Public Auctions Acts punished

FIRST: consummated by mere solicitation Elements

1. There is a public auction;

2. Offender solicits any gift or a promise from any of the bidders;

3. Such gift or promise is the consideration for his refraining from taking part in that public auction; 4. Offender has the intent to cause the reduction of

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the price of the thing auctioned.

SECOND. Consummated by mere attempt. Elements

1. There is a public auction;

2. Offender attempts to cause the bidders to stay away from that public auction;

3. It is done by threats, gifts, promises or any other artifice;

4. Offender has the intent to cause the reduction of the price of the thing auctioned.

186: Monopilies and combinations in restraint of trade

Acts punished

First: Combination to prevent free competition in the market;

Elements

1. Entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise;

2. In restraint of trade or commerce or to prevent by artificial means free competition in the market. Second: Monopoly to restrain free competition in the market;

Elements

1. By monopolizing any merchandise or object of trade or commerce, or by combining with any other

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person or persons to monopolize said merchandise or object;

2. In order to alter the prices thereof by spreading false rumors or making use of any other artifice; 3. To restrain free competition in the market Third: Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise.

Elements

1. Manufacturer, producer, processor or importer of any merchandise or object of commerce;

2. Combines, conspires or agrees with any person; 3. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce

manufactured, produced, processed, assembled or imported into the Philippines.

Section Two: Frauds in Commerce and Industry 187: Importation and

Disposition of Falsely marked articles or merchandise made of gold, silver, or other

That the offender imports, sells, or disposes any of those articles or merchandise

That the stamps, brands, or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metal or alloy

Manufacturer of misbranded articles