Criminal Law II Reviewer With Penalties (1)

8/13/2019 Criminal Law II Reviewer With Penalties (1)

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Criminal Law II Reviewer Vena V. Verga

11Conspira#y

an$ Proposalto Commit!reason

1. (onspirac" to (ommit Treason P and a fine note!ceedingP1****

The two witness rule does ,OT appl" to thisarticle

2. Proposal to (ommit Treason P( and a fine note!ceedingP***

110isprision of

!reason

1. Offender must be owing allegiance to the government andnot a foreigner

2. ;e has 'nowledge of an" conspirac" to commit treasonagainst the government

3. ;e conceals or does not disclose and ma'e 'nown thesame as soon as possible to governor or fiscal of provinceor the ma"or or fiscal of the cit" in which he resides

+ccessor" to thecrime of treason

1. (onspirac" is one to commit treason2. +rticle 11/ is an e!ception to the rule that

mere silence does not ma'e a personcriminall" liable

11/Espionage

1.


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1+,Correspon$en#e wit% 6ostile

Country

1. t is in time of war in which the Philippines is involved2. Offender ma'es correspondence with an enem" countr" or

territor" that is occupied b" enem" troops3. The correspondence is either

a. Prohibited b" the government

P( 1. Correspon$en#e # communicating b"

means of letters$ or it ma" refer to theletters which pass between those who havefriendl" or business relations

2. =ven if correspondence contains innocent

matters if such has been prohibited b" thegovernment it is punishable3. Prohibition b" the government is not

essential in paragraphs 1 and 20. >ualif"ing circumstances that must concur

together:a. The notice or information might be

useful to the enem"b. The offender intended to aid the enem"

b. (arried in ciphers or conventional signs P

c. (ontaining notice or information which might be usefulto the enem"

)T if info ma" beuseful to enem")T to death ifintention was toaid the enem"

1+17lig%t toEnemy8s

Country

1. There is a war which the Philippines is involved2. Offender must be owing allegiance to the government3. Offender attempts to flee or go to enem" countr"0. oing to enem" countr" is prohibited b" competent

authorit"

+rresto a"or 1. +n alien resident ma" be guilt" of flight toenem" countr"

2. ere attempt to flee or go to enem" countr"consummates crime

3. +rticle 121 must be implemented b" theovernment

1++Pira#y in

3eneral an$

utiny on t%e6ig% Seas or

in P%ilippine&aters

1. ?essel is on the high seas or in Philippine waters2. Offenders are not members of its complement or

passengers of the vessel3. Offenders either

a. attac' or seize the vesselb. seize the whole or part of the cargo of said vessel it%s

e@uipment or personal belongings of its complementor passengers

Pira#y# robber" or forcible depredation on the high seaswithout lawful authorit" and done with animo furandiand inthe spirit and intention of universal hostilit"

utiny# unlawful resistance to a superior officer or theraising of commotions and disturbances on board a shipagainst the authorit" of the commander

)P8ame penalt"shall be inflictedin case of mutin"on the high seasor in Philippinewaters

1. 6ig% Seas# an" waters on the sea coast

which are without the boundaries of lowAwater mar' although such waters ma" be inthe -urisdictional limits of a foreigngovernment

+. Pira#y 9istinguis%e$ 7rom Robbery in6ig% Seas

a. n pirac" offender is an outsider$ inrobber" offender is member of crew orpassenger

b. n both there is intent to gain andmanner of committing the crime is thesame

:. Pira#y 9istinguis%e$ from utinya. n pirac" the offenders are strangers$ in

mutin" the" are members of the crew orpassengers

b. n pirac" intent to gain is essential$ inmutin" the intention ma" be to ignoreship%s officers or to commit plunder

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1+:;ualifie$

Pira#y

;ualifying Cir#umstan#es'1. 8eized vessel b" boarding or firing upon the same$ or2. Pirates have abandoned their victims without means of

saving themselves$ or3. (rime is accompanied b" murder homicide ph"sical

in-uries or rape

8pecial comple!crime punishableb" )P to 9eathregardless ofnumber ofvictims

1. +n" person who aids or protects pirates orabets the commission of pirac" shall beconsidered as an accomplice

2. ).+. /23 # +n +ct Punishing (ertain +ctsnimical to (ivil +viation

1+"rbitrary

9etention

1. Offender is a public officer or emplo"ee2. ;e detains a person3. 9etention is without legal grounds

9etention# when a person is placed in confinement or thereis a restraint on his person

9etention is wit%out legal groun$s'

1. 5hen he has not committed an" crime or at least thereis no reasonable ground for suspicion that he hascommitted a crime$ or

2. 5hen he is not suffering from violent insanit" or an" other

ailment re@uiring compulsor" confinement in a hospital

,ot e!ceeded 3da"s # + a"orin ma!imum toP( in minimumore than 3 lessthan 1 da"s #P( in mediumand ma!imumore than 1 notmore than /months # P=!ceeded / mos.

# )T

1. Legal 3roun$s for 9etention of Prisoner:

a. the commission of a crimeb. violent insanit" or o the ailment

re@uiring the compulsor" confinement ofthe patient in a hospital

2. +rrest without warrant is the usual cause ofarbitrar" detention

3. +rrest 5ithout 5arrant 5hen Bawful C8ec. )ule 113D

- Personal 'nowledge is re@uired- + crime must in fact or actuall"have been committed

0. There is no reasonable ground if officer onl"wants to 'now the commission of crime

. There is arbitrar" detention thru imprudence1+

9elay in

9elivery of9etaine$

Person toProper


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offi#er $etaining a person beyon$ legal perio$'1. means of communication2. hour of arrest3. other circumstances Ctime etc.D

1*. +rticle 12 distinguished from +rticle 120 #in +rt. 120 the detention is illegal from thebeginning$ in +rt. 12 the detention is legalin the beginning but the illegalit" of thedetention starts from the e!piration of an" ofthe periods of time specified without persondetained having been delivered to proper-udicial authorit"

1+09elayingRelease

1. That offender is a public officer or emplo"ee2. There is a -udicial or e!ecutive order for the release of a

prisoner or detention prisoner or that there is aproceeding upon a petition for the liberation of suchperson

3. The offender without good reason dela"s:a. the service of the notice of such order to the prisonerb. the performance of such -udicial or e!ecutive order for

the release of the prisonerc. the proceedings upon a petition for the release of such

person

8ame as +rticle120

5ardens and -ailers are the public officers mostli'el" to violate +rticle 12/

1+/

E=pulsion

1. Offender is a public officer or emplo"ee2. ;e e!pels an" person from the Philippines or compels a

person to change his residence3. The offender is not authorized to do so b" law

P( Onl" the court b" a final -udgment can order aperson to change his residence

1+2

Violation of9omi#ile

"#ts Punis%e$'

1.


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of Religious&ors%ip

about to ta'e place or are going on3. Offender prevents or disturbs the same;ualifying Cir#umstan#e'

- if the crime is committed with violence or threats

and ma!imum ifcommitted withviolence orthreats

2. )eading a bible and then attac'ing certainchurches in a public plaza is not a ceremon"of manifestation of religion but onl" ameeting of a religious sect

1::

>ffen$ing t%eReligious

7eelings

1. +cts complained of were performed:a. n a place devoted to religious worship orb. 9uring the celebration of an" religious ceremon"

2. The acts must be notoriousl" offensive to the feelings ofthe faithful

ReligiousCeremonies# religious acts performed outside ofa church such as processions and special pra"ers for bur"ingdead person

+ a"or inma!imum to P(in minimum

1. t is not necessar" that there is a religiousceremon" going on when the offenderperforms acts notoriousl" offensive to thefeelings of the faithful

2. There must be deliberate intent to hurt thefeelings of the faithful

3. Offense to feelings is -udged fromcomplainant%s point of view

1:Rebellion orInsurre#tion

1. There be a public uprising and ta'ing arms against theovernment

2. The purpose of the uprising or movement is either:a. to remove from the allegiance to said government or

its laws:

i. the territor" of the Philippines or an" part thereof$orii. an" bod" of land naval or other armed forces$ or

b. To deprive the (hief =!ecutive or (ongress wholl" orpartiall" of an" of their powers or prerogatives

Rebellion# used where the ob-ect of the movement iscompletel" to overthrow and supersede the e!istinggovernment

Insurre#tion# used in reference to a movement which see'smerel" to effect some change of minor importance or toprevent the e!ercise of governmental authorit" with respect to

particular matters or sub-ect

Rebellion $istinguis%e$ from !reason'1. )ebellion # lev"ing of war during peace time for an" of the

purposes mentioned$ Treason # performed in aid of enem"during wartime

2. )ebellion alwa"s involves ta'ing up arms againstgovernment$ Treason ma" be committed b" mereadherence to the enem" giving aid or comfort

)P # person whopromotesmaintains orheads rebellionor insurrection

)T # personmerel"participating ore!ecutingcommands ofothers

1. )ebellion or of inciting it is a crime ofmasses of a multitude

2. +ctual clash of arms with the forces of thegovernment not necessar" to convict theaccused who is in conspirac" with others

actuall" ta'ing arms against the government3. Purpose of the uprising must be shown0. t is not necessar" that the purpose be

accomplished. iving aid or comfort not criminal in

rebellion/. )ebellion distinguished from 8ubversion #

rebellion is a crime against public order$8ubversion # li'e treason against nationalsecurit"

4. ere silence or omission is not punishable inrebellion

6. t is not a defense in rebellion that the

accuse never too' the oath of allegiance toor that the" never recognized thegovernment

7. Those who 'illed persons in pursuance ofmovement to overthrow government areliable for rebellion onl"

1*. There is no comple! crime of rebellion withmurder and other common crimesC;ernandez rulingD

11. Iilling robbing etc for a private purpose orprofit without an" political motivationwould be separatel" punished and would not

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be absorbed in the rebellion

1:-"

Coup $8etat1. Offender is a personCsD belonging to the militar" or police

or holding an" public office or emplo"ment2. t is committed b" means of a swift attac' accompanied

b" violence intimidation threat strateg" or stealth

3. The attac' is directed against dul" constituted authoritiesof the Philippines or an" militar" camp or installationcommunication networ's public utilities or other facilitiesneeded for the e!ercise and continued possession ofpower

0. The purpose of the attac' is to seize or diminish statepower

Politi#al Crimes 9istinguis%e$ from Common Crimes

- Political crimes are those directl" aimed against thepolitical order as well as such common crimes as ma"be committed to achieve a political purpose

- The decisive factor is the intent or motive

)T in ma!imum# person ingovernmentservice who

participates ore!ecutesdirections orcommands ofothers inunderta'ing acoup d%etatP in ma!imum# person not ingovernmentservice whoparticipates orin an" mannersupportsfinances abetsor aids inunderta'ing acoup d%etat

1. (oup d% etat ma" be committed with orwithout civilian participation

2. Those liable for )ebellion nsurrectionandEor (oup d% etat C+rticle 13D

a. Beadersi. an" person who promotes maintains

or heads a rebellion or insurrectionii. an" person who leads directs or

commands others to underta'e a coupd%etat

b. Participantsi. +n" person who participates or

e!ecutes the commands of others inrebellion or insurrection

ii. +n" person in the government servicewho participates or e!ecutesdirections or commands of others inunderta'ing a coup d%etat

iii. +n" person not in the governmentservice who participates supportsabets or aids in underta'ing a coupd%etat

1:0

Conspira#yan$ Proposal

to CommitCoup $8etat)

Rebellion orInsurre#tion

(onspirac" and Proposal to (ommit (oup d%etat P in minimumand fine not toe!ceed P6***

1. erel" agreeing and deciding to rise publicl"and ta'e arms against the government forthe purposes of rebellion or merel"proposing the commission of said acts isalread" sub-ect to punishment

2. ,o conspirac" when there is no agreementand no decision to commit rebellion

(onspirac" to (ommit )ebellion or nsurrection P( in ma!imumand fine not toe!ceed P***

Proposal to (ommit )ebellion or nsurrection P( in medium

and fine not toe!ceed P2***

1:/9isloyalty of

Publi#>ffi#ers

1. Offender is a public officer or emplo"ee2. (ommits an" of the following acts of dislo"alt":

a. Failing to resist a rebellion b" all the means in theirpower$

b. (ontinuing to discharge the duties of their officesunder the control of the rebels$

c. +ccepting appointment to office under them

P( in minimum 1. The crime of dislo"alt" of public officerspresupposes the e!istence of rebellion b" otherpersons

2. The offender under +rticle 134 must not be inconspirac" with the rebels

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1:2In#iting to

Rebellion

1. Offender does not ta'e arms or is not in open hostilit"against the government

2. ;e incites others to the e!ecution of an" of the acts ofrebellion

3. The inciting is done b" means of speeches proclamationswritings emblems banners or other representationstending to the same end

P in minimum 1. nciting to )ebellion 9istinguished fromProposala. in both the offender induces another to

commit rebellionb. in proposal person who proposes has

decided to commit rebellion$ in incitingit is not re@uired that offender hasdecided to commit rebellion

c. in proposal person who proposes usessecret motive$ in inciting the act is donepublicl"

2. )ebellion should not be committed1:4

Se$ition1. The offenders rise publicl" and tumultuousl"2. The" emplo" force intimidation or other means outside of

legal methods3. The offenders emplo" an" of those means to attain an" of

the following ob-ects:a. To prevent the promulgation or e!ecution of an" law

or the holding of an" popular electionb. To prevent the ,ational ov%t or an" provincial ormunicipal gov%t or an" public officer thereof fromfreel" e!ercising its or his functions or prevent thee!ecution of an" administrative order

c. To inflict an" act of hate or revenge upon the personor propert" of an" public officer or emplo"ee

d. To commit for an" political or social end an" act ofhate or revenge against private persons or an" socialclass$ and

e. To despoil for an" political or social end an" personmunicipalit" or province or the national gov%t of all itspropert" or an" part thereof

P in minimumand a fine note!ceedingP1**** # forthe leader ofsedition

P( in ma!imumand a fine note!ceedingP*** # forother personsparticipatingtherein

1. 8edition is the raising of commotions ordisturbances in the state

2. 8edition 9istinguished from )ebelliona. n both there must be publ ic

uprisingb. n sedition it is sufficient that public

uprising is tumultuous$ in rebellionthere must be ta'ing up of armsagainst the government

c. n sedition the purpose of offendersma" be political or social$ inrebellion it is alwa"s political

3. 8edition distinguished from treason #treason is the violation b" a sub-ect ofallegiance to sovereign$ sedition is theraising of commotions or disturbances in the8tate

0. Public uprising and an ob-ect of seditionmust concur

. (ommon crimes are not absorbed in sedition11

Conspira#y to

CommitSe$ition

P( in mediumand fine not toe!ceed P2***

1. There must be an agreement and a decisionto rise publicl" and tumultuousl" to attainan" of the ob-ects of sedition

2. There is no proposal to commit sedition1+

In#iting to

Se$ition

9ifferent "#ts Punis%e$'

1. nciting to 8edition to +ccomplish an" of its Ob-ects:a. Offender does not ta'e direct part in the crime of

seditionb. ;e incites others to the accomplishment of an" of the

acts which constitute seditionc. The inciting is done b" means of speeches

P( in ma!imumand fine not toe!ceed P2***

1. S#urrilous# low vulgar mean or foul

2. Httering seditious words or speeches andwriting publishing or circulating scurrilouslibels are punishable when:a. the" tend to disturb or obstruct an"

lawful officer in e!ecuting the functionsof his office$ or

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proclamation writings emblems cartoons bannersor other representations tending to the same end

2. Httering seditious words or speeches which tend to disturbthe public peace

3. 5riting publishing or circulating scurrilous libels againstthe government or an" of the dul" constituted authoritiesthereof which tend to disturb the public peacea. Offender does not ta'e direct part in the crime of

seditionb. (ommits an" of the following acts of sedition either 2

or 3

b. the" tend to instigate others to cabaland meet together for unlawfulpurposes$ or

c. the" suggest or incite rebelliousconspiracies or riots$ or

d. the" lead or tend to stir up the peopleagainst the lawful authorities or todisturb the peace of the communit" thesafet" and order of the government

3. Inowingl" concealing such evil practices istreated and punished as that of the principal

0. Two rules relative to seditious words:a. (lear and Present 9anger )uleb. 9angerous Tendenc" )ule

1:"#ts !en$ing

to Prevent

t%e eeting

of Congress

1. There be a pro-ected or actual meeting of (ongress or an"of its committees or subcommittees constitutionalcommittees or divisions thereof or of an" provincial boardor cit" or municipal council or board

2. The offender who ma" be an" person prevents suchmeeting b" force or fraud

P( or a fineranging fromP2** to P2***or both

(hief of police and ma"or who prevented themeeting of the municipal council are liable under+rticle 103 when the defect of the meeting isnot manifest and re@uires an investigation

before its e!istence can be determined

19isturban#e

of

Pro#ee$ingsof Congressan$ Similar

Bo$ies

1. There be a meeting of (ongress or an" of its committeesor subcommittees constitutional commissions orcommittees or divisions thereof or of an" provincial boardor cit" or municipal council or board

2. The offender does an" of the following acts:a. ;e disturbs an" of such meetingsb. ;e behaves while in the presence of an" such bodies

in such a manner as to interrupt its proceedings or toimpair the respect due it.

+ a"or or a fineof P2** toP1***

1. The complaint for disturbance of proceedingsma" be filed b" a member of a legislativebod"

2. One who disturbs the proceedings of thecongress m" also be punished for contempt

1

Violation of

Parliamentary Immunity

7irst 7orm

1. The offender Can" personD uses force intimidation threats

or fraud.2. The purpose of the offender is to prevent an" member of

(ongress from:a. +ttending the meetings of (ongress or an" of its

committees etc.$ orb. =!pressing his opinion$ orc. (asting his vote

P 1. Parliamentar" immunit" does not protectmembers of the (ongress from responsibilit"

before the legislative bod" itself2. t is sufficient that the offender in using

force intimidation threats or frauds hasthe purpose to prevent a member of(ongress from e!ercising an" of his suchprerogatives

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Se#on$ 7orm1. Offender is a public officer or emplo"ee2. ;e arrests or searches an" member of (ongress3. (ongress at the time of arrest or search is in regular or

special session0. The member arrested or searched has not committed a

crime punishable under the (ode b" a penalt" higher thanprision ma"or

P(

10Illegal

"ssemblies

1. +n" meeting attended b" armed persons for the purposeof committing an" of the crimes punishable under the codea. there is a meeting a gathering or group of persons

whether in a fi!ed place or movingb. that the meeting is attended b" armed personsc. that the purpose of the meeting is to commit an" of

the crimes punishable under the code2. +n" meeting in which the audience whether armed or not

is incited to the commission of treason rebellion orinsurrection sedition or assault upon a person in

authorit" or his agentsa. there is a meeting a gathering or group of personswhether in a fi!ed place or moving

b. the audience whether armed or not is incited to thecommission of the crime of treason rebellion orinsurrection sedition or direct assault

Persons liable for illegal "ssembly'

1. Organizers or leaders of the meeting2. Persons merel" present at the meeting

P( in ma!imumto P in medium# for organizersor leaders of an"meeting underthis article

+ a"or #unarmed personsmerel" present

P( # armedpersons merel"present

1. Persons present at the meeting must bearmed in the first form of illegal assembl"

2.


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meeting and persons present at suchmeeting

129ire#t

"ssaults

!wo 7orms of 9ire#t "ssault an$ !%eir Re?uisites'1. 5ithout public uprising b" emplo"ing force or

intimidation for the attainment of an" of the purposesenumerated in defining the crimes of rebellion and seditiona. the offender emplo"s force or intimidationb. the aim of the offender is to attain an" of the purposes

of the crime of rebellion or an" of the ob-ects of crimeof sedition

c. there is no public uprising

2. 5ithout public uprising b" attac'ing or emplo"ing force orb" seriousl" intimidating or b" seriousl" resisting an"person in authorit" or an" of his agents while engaged inthe performance of official duties or on the occasion ofsuch performance

Simple "ssault'a. the offender ma'es an attac' emplo"s force ma'es aserious intimidation or ma'es a serious resistance

b. the person assaulted is a person in authorit" or hisagent

c. at the time of the assault the person in authorit" or hisagent is engaged in the actual performance of officialduties or that he is assaulted b" reason of the pastperformance of official duties

d. the offender 'nows that the one he is assaulting is aperson in authorit" or his agent in the e!ercise of hisduties

e. there is no public uprising

;ualifie$ "ssaulta. when the assault is committed with a weaponb. when the offender is a public officer or emplo"eec. when the offender la"s hands upon a person in

authorit"

Personin"ut%ority# an" person directl" vested with-urisdiction whether as an individual or as a member of somecourt or governmental corporation board or commission shallbe deemed a person in authorit"

P( in mediumand ma!imumperiods and afine note!ceedingP1*** # whenthe assault iscommitted with aweapon or whenthe offender is apublic officer oremplo"ee

P( in minimumperiod and a finenot e!ceeding

P** # nocircumstancespresent

1. t does not seem that the offended part" inthe first form of direct assault must be aperson in authorit" or his agent

2.f the offended part" is onl" an agent of aperson in authorit" the force emplo"edmust be of 8=)OH8 character to be directassault

3. The force emplo"ed ,==9 ,OT be serious

when the offended part" is a person inauthorit"

4. The intimidation or resistance must beserious whether the offended part" is anagent onl" or he is a person in authorit"

. The resist must be grave therefore it mustbe active resistance

/. ntimidation must produce its effectsimmediatel"

4. To determine whether a certain public officeris a person in authorit" the powers andduties vested in him b" law should bedetermined

6. The status of person in authorit" being amatter of law ignorance thereof is noe!cuse

7. Functions of the person in authorit" or hisagent must be clearl" shown in theinformation

1*. 5hen a person in authorit" or their agents

descended to mattes which are private innature an attac' made b" one against theother is not direct assault

11. =ven if the agent of a person in authorit"agrees to fight it still constitutes directassault

12. f a person in authorit" or his agent goesbe"ond the scope of the respective powersof public officers if the" are fi!ed then the"are considered ,OT in the performance ofofficial duties

13. Inowledge of the accused that the victim isa person in authorit" or his agent is essential

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"gentofPersonin"ut%ority# one who b" direct provisionof law or b" election or b" appointment b" competentauthorit" is charged with the maintenance of public order andthe protection and securit" of life and propert" such as abarrio viceAlieutenant barrio councilman and barriopoliceman and an" person who comes to the aid of persons in

authorit"

!o be an agent of a person of aut%ority) one must be#%arge$ wit%'

1. maintenance of public order$ and2. protection and securit" of life and propert"

9istinguis% 9ire#t "ssault from >r$inary "ssault:a. 9irect assault are crimes against public order$

ordinar" assaults are crimes against personsb. 9irect assaults are triable b" the (ourt of First

nstance

10. 9efendant must have the intention to def"the authorities

1. f is not necessar" that the person inauthorit" who was assaulted was +(TH+BBBJperforming official duties

1/. =vidence of motive is important when the

person attac'ed or seriousl" intimidated is,OT in the actual performance of his officialdut"

14. 5here in the commission of direct assaultserious or less serious ph"sical in-uries arealso inflicted the offender is guilt" of thecomple! crime of direct assault with seriousor less serious ph"sical in-uries

16. the crime of slight ph"sical in-uries isabsorbed in direct assault

14In$ire#t

"ssaults

1. + person in authorit" or his agent is the victim of an" ofthe forms of direct assault defined in +rticle 1062. + person comes to the aid of such authorit" or his agent3. The offender ma'es use of force or intimidation upon such

person coming to the aid of the authorit" or his agent

P( in minimumand mediumperiods and afine note!ceeding P**

1. ndirect assault can be committed onl" whena direct assault is also committed2. The offended part" in indirect assault ma"

be a private person

1,9isobe$ien#eto Summons

Issue$ byCongress) its

Committees)et#.

"#ts Punis%able'1.


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9isobe$ien#eto a Person in

"ut%ority or"gents of

Su#% Person

offender2. The offender resists or seriousl" disobe"s such person in

authorit" or his agent3. The act of the offender is not included in the provisions of

+rticles 106 107 and 1*Simple 9isobe$ien#e @Par. +A'

1. +n agent of a person in authorit" is engaged in theperformance of official dut" or gives a lawful order to theoffender

2. The offender disobe"s such agent of a person in authorit"3. 8uch disobedience is not of a serious nature

9ire#t "ssault 9istinguis%e$ from Resistan#e or Serious9isobe$ien#e'

1. n direct assault the person in authorit" or his agent mustbe engaged in performance of official duties or that he isassaulted b" reason thereof but in resistance the personin authorit" or his agent must be in actual performance of

his duties2. 9irect assault C2ndformD is committed in 0 wa"s$

)esistance is committed onl" b" resisting or seriousl"disobe"ing

3. n both there is force emplo"ed but the force inresistance is not so serious as there is no manifestintention to def" the law$ in direct assault it must beserious and deliberate$

0. 5hen the one resisted is a person in authorit" the use ofan" 'ind or degree of force will give rise to direct assault$if no force is emplo"ed b" the offender in resisting ordisobe"ing the crime committed is resistance

# an" personshall resist orseriousl" disobe"an" person inauthorit"

+ enor or a fineranging from P1*to P1** #disobedience toan agent of aperson inauthorit" is notof a seriousnature

authorit" or his agents consists in a failure tocompl" with orders directl" issued b" theauthorities in the e!ercise of their officialduties

2. The person in authorit" must be in the actualperformance of his official duties

3. The disobedience contemplated consists inthe failure or refusal to obe" a direct orderfrom the authorit" or his agent

0. The accused must have 'nowledge that theperson arresting him is a peace officer

. There is -ustified resistance when theaccused had no right to ma'e the search

Paragrap% +'

/. The order must be lawful4. f the disobedience to an agent of a person

in authorit" is of a serious nature the

offender should be punished under par. 1 of+rticle 11

6. 5hen the attac' or emplo"ment of force isnot deliberate the crime is onl" resistanceor disobedience

1:

!umults an$>t%er

9isturban#esof Publi#

>r$er

!umults an$ >t%er 9isturban#es of Publi# >r$er'

1. (ausing an" serious disturbance in a public place office orestablishment

2. nterrupting or disturbing performances functions orgatherings or peaceful meetings if the act is not includedin +rticles 131 and 132

3. a'ing an" outcr" tending to incite rebellion or sedition inan" meeting association or public place

0. 9ispla"ing placards or emblems which provo'e adisturbance of public order in such place

.


15/74


>ut#ry# to shout subversive or provocative words tending tostir up the people to obtain b" means of force or violence an"of the ob-ects of rebellion or sedition

Cir#umstan#es ;ualifying t%e 9isturban#e orInterruption

-if tumultuous in character

!umultuous# the disturbance or interruption shall be deemas such if caused b" more than three persons who are armedor provided with means of violence

+ a"or #person who shallma'e an" outcr"tending to inciterebellion orsedition

+ enor and afine not toe!ceed P2** #bur" with pompthe bod" of aperson legall"e!ecuted

unconscious outburst which althoughrebellious or seditious in nature is notintentionall" calculated to induce others tocommit rebellion or sedition it is onl" publicdisorder

0. One who fired a submachine gun to cause

disturbance but inflicted serious ph"sicalin-uries on another ma" be prosecuted for 2crimes

1nlawful se

of eans ofPubli#ation

an$ nlawful

tteran#es

"#ts Punis%e$ as nlawful se of eans of Publi#ationan$ nlawful tteran#es'

1. Publishing or causing to be published b" means ofprinting lithograph" or an" other means of publication asnews an" false news which ma" endanger the public

order or cause damage to the interest or credit of the8tate2.


16/74


applicable covered b" this +rticle. 9isturbance of serious nature falls under

+rticle 13/. (harivari # medle" of discordant voices a

moc' serenade of discordant noises made on'ettles tins horns etc. designed to anno"

and incite10

9eliveringPrisonersfrom


17/74


12Evasion on

>##asion of9isor$ers

1. The offender is a convict b" final -udgment who isconfined in a penal institution

2. There is a disorder resulting from: conflagrationearth@ua'e e!plosion similar catastrophe or mutin" inwhich he has not participated

3. The offender evades the service of his sentence b" leaving

the penal institution where he is confined on the occasionof such disorder or during the mutin"

0. The offender fails to give himself up to the authoritieswithin 06 hours following the issuance of a proclamationb" the chief e!ecutive announcing the passing awa" ofsuch calamit"

utiny# organized unlawful resistance to a superior officer$ asedition or revolt$ does not include a riot or if prisonersdisarmed the guards and escaped since the" are not theirsuperior officers

ncrease of 1Eof time stillremaining to beserved under theoriginalsentence which

in no case shalle!ceed si!months9eductionprovided in+rticle 76 # ifconvict shall givehimself up within06 hours

1. Offender must be a convict b" final-udgment

2. The convict must leave the penal institution3. 5hat is punished is not the leaving of the

penal institution but the failure of theconvict to give himself up to the authorities

within 06 hours after the proclamationannouncing the passing awa" of the calamit"

0. f offender fails to give himself up he getsan increased penalt"

5. f offender gives himself up he is entitle to adeduction of 1Ethof his sentence

14

Violation ofCon$itional

Par$on

1. Offender was a convict

2. ;e was granted a conditional pardon b" the (hief=!ecutive3. ;e violated an" of the conditions of such pardon

Con$itionalPar$on# a contract between the (hief=!ecutive who grants the pardon and the convict whoaccepts it

P( in minimum

period # ifpenalt" remitteddoes not e!ceed/ "ears

Hne!piredPortion ofOriginal8entence # ifpenalt" remittedis higher than /"ears

1. The court cannot re@uire the convict to serve

the une!pired portion of his originalsentence if it does not e!ceed / "ears2. ?iolation of conditional pardon is not a

substantive offense because the penalt" forsuch violation is the une!pired portion of thepunishment in the original sentence

3. (ondition e!tends to special laws0. Offender must be found guilt" of subse@uent

offense before he can be prosecuted under+rticle 17

. Offender can be arrested and reAincarceratedwithout trial

/. The period when convict was at libert" not

deducted in case he is recommitted4. 9uration of the conditions subse@uent is

limited to the remaining period of thesentence

10,Commissionof "not%er

Crime 9uringServi#e of

PenaltyImpose$ for

"not%er

;uasi-Re#i$ivism

1. The offender was alread" convicted b" final -udgment ofone offense

2. ;e committed a new felon" before beginning to serve suchsentence or while serving the same

;uasiARe#i$ivism 9istinguis%e$ from Reitera#ion#reiteracion re@uires that the offender against who it is


18/74


Previous>ffense

considered shall have served out his sentences for the prioroffenses

"ears if he has alread" served out hisoriginal sentence or when he shall completeit after reaching said age

1017orging t%eSeal of t%e

3ov8t)Signature or

Stamp of t%eC%ief

E=e#utive

"#ts Punis%e$'1. Forging the reat 8eal of the overnment of the

Philippines

2. Forging the signature of the president3. Forging the stamp of the president

)T 1. The offense is not falsification of publicdocument

2. The President has custod" and use of the

reat 8eal3. The signature of the President must be

forged

10+

sing 7orge$Signature or

CounterfeitSeal orStamp

1. That the reat 8eal of the )epublic was counterfeited orthe signature or stamp of the (hief =!ecutive was forgedb" another person

2. The offender 'new of the counterfeiting or forger"3. ;e used the counterfeit seal or forged signature or stamp

P a"or The offender under this article should not be theforger.

10:

aking an$Importing

an$ ttering7alse Coins

1. There be false or counterfeited coins

2. The offender either made imported or uttered such coins3. That in case of uttering such false or counterfeited coinshe connived with the counterfeiters or importers

Coin# is a piece of metal stamped with certain mar's andmade current at a certain value

Counterfeiting# means the imitation of a legal or genuinecoin$ there must be an imitation of the peculiar design of agenuine coin

Import# means to bring them into port

tter# means to pass counterfeited coins$ includes theirdeliver" or act of giving them awa"

P in minimum

and medium anda fine not toe!ceed P1****# silver coin ofPhilippines orcoin of (t%er9o#umentsPayable to

Bearer

"#ts Punis%able'

1. Forging or falsification of treasur" or ban' notes or otherdocuments pa"able to bearer

2. mportation of such false or forged obligations or notes3. Httering of such false or forged obligations or notes in

connivance with the forgers or importers

7orging# committed b" giving to a treasur" or ban' note oran" instrument pa"able to bearer or to order the appearanceof a true and genuine document$ to forge an instrument is toma'e false instrument intended to be passed for the genuineone

7alsifi#ation# committed b" erasing substitutingcounterfeiting or altering b" an" means the figures letterswords or signs contained therein

Importation# means to bring them into the Philippineswhich presupposes that the obligations or notes are forged orfalsified in a foreign countr"

ttering# means offering obligations or notes 'nowing themto be false or forged whether such offer is accepted or notwith a representation b" words or actions that the" aregenuine and with an intent to defraud

>bligationorSe#urity# all bonds certificates ofindebtedness national ban' notes coupons treasur" notesfractional notes certificates of deposits bills chec's draftsfor mone" and other representatives of value under an" actof (ongress

)T in minimumand fine not toe!ceed P1****# obligation orsecurit" ofPhilippinesP a"or inma!imum periodand a fine not toe!ceed P*** #circulating noteissued b" an"ban'ingassociation dul"authorized b"lawP a"or inmedium and afine not toe!ceed P*** #issued b" foreign

gov%tP a"or inminimum and afine not toe!ceed P2*** #circulating noteor bill issued b"foreign ban' dul"authorizedtherefore

1. Httering forged bill must be with connivanceto constitute a violation of +rticle 1//

2. ,otes and other obligations and securitiesthat ma" be forged or falsified under +rticle1//:a. Treasur" or ban' notesb. (ertificatesc. Other obligations and securities pa"able

to bearer3. + ban' note certificate or obligation and

securit" is pa"able to bearer when it can benegotiated b" mere deliver"

0. Penalties depend upon the 'ind of forgedtreasure or ban' notes or other documents

. Forger" is (ommitted: C+rticle 1/7Da.


20/74


10/Counterfeitin

gInstruments5ot Payable

to Bearer

1. There be an instrument pa"able to order or otherdocument of credit not pa"able to bearer

2. The offender either forged imported or uttered suchinstrument

3. n case of uttering he connived with the forger orimporter

P( in mediumand ma!imumand a fine not toe!ceed P/***

1. +pplication of this article is limited toinstruments pa"able to order

2. t includes such instruments or document ofcredit issued b" a foreign government orban'

3. (onnivance is not re@uired in uttering if the

utterer is the forger102

IllegalPossessionan$ use of

7alse

!reasury orBank 5otes

an$ >t%erInstruments

of Cre$it

1. That an" treasur" or ban' not or certificate or otherobligation and securit" pa"able to bearer or an"instrument pa"able to order or other document of creditnot pa"able to bearer is forged or falsified b" anotherperson

2. The offender 'nows that an" of those instruments isforged or falsified

3. ;e performs an" of these acts:a. using an" of such forged or falsified instrumentsb. possessing with intent to use an" of such forged or

falsified instruments

Penalt" ne!tlower in degreethan thatprescribed insaid articles

1. ntent to posses is not intent to use2. Possession of false treasur" or ban' notes

alone is not a criminal offense3. +ccused must have 'nowledge of forged

character of the note0. + person in possession of falsified document

and who ma'es use of the same is presumedto be material author of falsification

. t is not an impossible crime when the actperformed would have been a crime of illegalpossession of false treasur" notes

1/,7alsifi#ation

of Legislative9o#uments

1. That there be a bill resolution or ordinance enacted orapproved or pending approval b" either ;ouse of theBegislature or an" provincial board or municipal council

2. The offender alters the same3. ;e has no proper authorit" therefore0. The alteration has changed the meaning of the document

P( in ma!imumand a fine not toe!ceed P/***

1.


21/74


that a personCsD participated in an act orproceeding

ii. That such personCsD did not in fact so participatein the act or proceeding

c. +ttributing to person who have participated in an actor proceeding statements other than those in fact

made b" themi. that a personCsD participated in an act or

proceedingii. that such personCsD made statements in that act

or proceedingiii. that the offender in ma'ing the document

attributed to such personCsD statements other thanthose in fact made b" such personCsD

d. a'ing untruthful statements in a narration of factsi. that the offender ma'es in a document statements

in a narration of factsii. that he has a legal obligation to disclose the truth

of the facts narrated b" himiii. that the facts narrated b" the offender are

absolutel" falsee. +ltering true datesf. a'ing an" alteration or intercalation in a genuine

document which changes its meaningi. that there be an alteration CchangeD or

intercalation CinsertionD on a documentii. that it was made a genuine documentiii. that the alteration or intercalation has changed the

meaning of the documentiv. that the change made the document spea'

something false

g. ssuing in authenticated form a document purportingto be a cop" of an" original document when no suchoriginal e!ists or including in such cop" a statementcontrar" to or different from that of the genuineoriginal

h. ntercalating an" instrument or note relative to theissuance thereof in a protocol registr" or official boo'.

0. n case the offender is an ecclesiastical minister the act offalsification is committed with respect to an" record ordocument of such character that its falsification ma" affectthe civil status of persons

the facts narratedc. Person ma'ing the narration of facts

must be aware of the falsit" of the factsnarrated b" him

d. Perversion of truth must be made withthe wrongful intent of in-uring 3 rdperson

e. 5rongful intent not essential when thedocument falsified is a public document

f. ood faith is a defenseg. Falsification b" omission is punishable

. Paragraph # 9ate must be essential/. Paragraph 4

a. liabilit" of private individual when thereis conspirac" # same as public officer

b. ntent to gain or pre-udice not necessar"

(vvverga Se#on$ Semester) "* +,,-+,, Page +1 of /Criminal Law II Reviewer


22/74


1/+7alsifi#ation

by PrivateIn$ivi$ualsan$ use of7alsifie$

9o#uments

"#ts Punis%e$ an$ !%eir Re?uisites'

1. Falsification of public official or commercial document b"a private individuala. that the offender is a private individual or a public

officer or emplo"ee who did not ta'e advantage of his

official positionb. that he committed an" of the acts of falsification

enumerated in +rticle 141c. that the falsification was committed in a public or

official or commercial document

2. Falsification of private document b" an" persona. that the offender committed an" of the acts of

falsification e!cept those in paragraph 4 enumeratedin +rticle 141

b. that the falsification was committed in an" privatedocument

c. that the falsification caused damage to a third part" orat least the falsification was committed with intent tocause such damage

3. Hse of falsified documentIntro$u#ing in t%er !ransa#tion'a. that the offender 'new that a document was falsifiedb" another person

b. that the false document is embraced in +rticle 141 orin an" of subdivision no. 1 or 2 of +rticle 142

c. that he used such document Cnot in -udicialproceedingsD

d. that the use of the false documents caused damage toanother or at least it was used with intent to causesuch damage

P( in mediumand ma!imumand a fine of notmore thanP***

Paragraph 11. Four Iinds of 9ocuments

a. Public 9ocument # created e!ecuted orissued b" a public official in response toe!igencies of public service or ine!ecution of which a public official

intervenedb. Official 9ocument # issued b" a public

official in e!ercise of the functions of hisoffice

c. Private 9ocuments # deed or instrumente!ecuted b" a private person without theintervention of notar" public or otherperson legall" authorized b" whichdocument some disposition oragreement is proved evidenced or setforth

d. (ommercial 9ocuments # defined andregulated b" the (ode of (ommerce oran" other commercial law

2. ere blan' form of official document is notin itself a document

3. Possessor of a certificate of tile is presumedto be the author of the falsification thatmade possible the transfer of title

0. Possessor of falsified document is presumedto be author of falsification

. ood faith is a defenseParagraph 21. ere falsification is not enough$ re@uires:

a. he must have counterfeited the false

documentb. he must have performed an independent

act which operates to pre-udice 3rd

person2. 9amage need not be material3. not necessar" that offender profited or hope

to profit b" falsification0. Falsification ma" be a necessar" means to

commit other crimesa. no comple! crime of estafa thru

falsification of private documentb. no falsification thru rec'less imprudence

(vvverga Se#on$ Semester) "* +,,-+,, Page ++ of /Criminal Law II Reviewer


23/74


if document is private and no actualdamage is caused

c. crime is falsification of public documenteven if falsification too' place before theprivate document becomes part of publicrecords

enerall" falsification has no attempted orfrustrated stageParagraph 31. 9amage not necessar" in crime of

introducing in -udicial proceedings$ ntent tocause damage at least is re@uired in use offalsified document in proceeding not -udicial

2. Hser deemed author of falsification ifa. the use was so closel" connected in time

with falsificationb. the user had the capacit" of falsif"ing

the document1/:

7alsifi#ation

of &ireless)Cable)

!elegrap%an$

!elep%oneessages

"#ts Punis%able

1. Httering fictitious wireless telegraph or telephonemessagea. That the offender is an officer or emplo"ee of the

government or of a private corporation engaged inthe service of sending or receiving wireless cable ortelephone message

b. That the offender commits an" of the following acts:i. uttering fictitious wireless cable telegraph or

telephone messageii. falsif"ing wireless cable telegraph or telephone

message2. Falsif"ing wireless telegraph or telephone message

K same as above3. Hsing such falsified message

a. that the accused 'new that wireless cable telegraphor telephone message was falsified b" an" of theperson specified in the 1stparagraph of +rticle 143

b. that the accused used such falsified dispatch

c. that the use of the falsified dispatch resulted in the

pre-udice of a 3rdpart" or that the use thereof waswith intent to cause such pre-udice

P( in mediumand ma!imum #falsificationPenalt" ne!tlower in degree #use of suchfalsified dispatch

1. Private individual cannot be a principal b"direct participation in falsification oftelegraphic dispatches

2. Private individual ma" be held liable asprincipal b" inducement in falsification oftelegraph dispatches or telephone messages

(vvverga Se#on$ Semester) "* +,,-+,, Page +: of /Criminal Law II Reviewer


24/74


1/7alsifi#ation

of e$i#alCertifi#ates)Certifi#atesof erit or

Servi#e

Persons Liable'1. Ph"sician or 8urgeon # must refer to illness or in-ur" of a

person$ called False edical (ertificate b" a Ph"sicianG2. Public Officer # includes merit service good conduct or

similar circumstances$ called False (ertificate of erit or8ervice b" a Public OfficerG

+ a"or ina!imum to P(in minimum anda fine not toe!ceed P1***

1. Certifi#ate # an" writing b" which

testimon" is given that a fact has or has notta'en place

2. Falsification of certificate of large cattle isnow covered b" +rticle 141 or 142 and not140

3. Private ndividual # False edical (ertificate b" a PrivatendividualG or False (ertificate of erit b" a PrivatendividualG

+ a"or

1/sing 7alseCertifi#ates

1. That the ph"sician or surgeon had issued a false medicalcertificate or a public officer had issued a false certificateof merit or service good conduce or similar circumstanceor a private person had falsified an" of said certificates

2. that the offender 'new that the certificate was false3. that he used the same

+ enor

1/0nftg an$

Possession of

Implementsfor

7alsifi#ation

"#ts Punis%e$'1. a'ing or introducing in to the Philippines an" stamps

dies mar's or other instruments or implements for

counterfeiting or falsification2. Possessing with intent to use the instruments orimplements for counterfeiting or falsification made in orintroduced into the Philippines b" another person

P( in mediumand ma!imumand a fine not to

e!ceed P1****Penalt" ne!tlower in degree

1. mplements confiscated need not form acomplete set

2. +lso punished constructive possession

1//

surpation of"ut%ority or

>ffi#ial7un#tions

!wo &ays of Committing t%e Crime'

1.


25/74


1/2sing

7i#titious5ame an$Con#ealing!rue 5ame

sing 7i#titious 5ame'1. The offender uses a name other than his real name2. ;e uses that fictitious name publicl"3. The purpose of the offender is to conceal a crime to

evade the e!ecution of a -udgment or to cause damage topublic interest

(oncealing True ,ame:1. That the offender conceals his true name and all other

circumstances2. That the purpose is onl" to conceal his identit"

9istinction


26/74


1217alse

!estimony7avorable to9efen$ant

5ature of t%e Crime# False testimon" favorable to thedefendant is e@uall" repugnant to the orderl" administration of-ustice

False testimon" is punished because of its tendenc" to favoror to pre-udice the defendant

+ a"or in ma!to P( inminimum and afine not toe!ceed P1*** #if prosecution is

for a felon"punishable b" anafflictive penalt"+ a"or # in an"other case

1. False testimon" b" negative statement is infavor of defendant

2. The false testimon" favorable to thedefendant need not benefit the defendant

3. )ectification made spontaneousl" afterrealizing the mista'e is not false testimon"

12+

7alse!estimony in

Civil Cases

1. That the testimon" must be given in a civil case2. That the testimon" must relate to the issues presented in

said case3. That the testimon" must be false0. That the false testimon" must be given b" the defendant

'nowing the same to be false. That the testimon" must be malicious and given with an

intent to affect the issues presented in said case

P( in minimumand a fine not toe!ceed P/***

+ a"or in ma!to P( inminimum andfine not toe!ceed P1***

1. The testimon" given in civil case must befalse

2. +rticle 162 is not applicable when the falsetestimon" is given in special proceedings

3. Penalt" depends on amount of thecontrovers"a. P( in minimum and a fine not to e!ceed

P/*** # if amount in controvers" shalle!ceed P***

b. + a"or in ma! to P( in minimum andfine not to e!ceed P1*** # if amount incontrovers" shall not e!ceed saidamount or cannot be estimated

12:7alse

!estimony in>t%er Cases

an$ Peruryin Solemn

"ffirmation

a. That the accused made a statement under oath ore!ecuted an affidavit u on a material matter

b. That the statement or affidavit was made before acompetent officer authorized to receive andadminister oath

c. That in the statement or affidavit the accused made awillful and deliberate assertion of a falsehood$ and

d. That the sworn statement or affidavit containing thefalsit" is re@uired b" law

>at%# an" form of attestation b" which a person signifiesthat he is bound in conscience to perform an act faithfull" andtruthfull"+ffidavit # sworn statement in writing$ a declaration in writingmade upon oath before an authorized magistrate or officer

aterialatter# it is the main fact which is the sub-ect ofthe in@uir" or an" circumstance which tends to prove thatfact or an" fact or circumstance which tends to corroborate orstrengthen the testimon" relative to the sub-ect of in@uir" or

+ a"or inma!imum to P(in minimum

1. There must be competent proof ofmaterialit"

2. 9istinguish:a. aterial # when it is directed to prove a

fact in issueb. )elevant # when it tends in an"

reasonable degree to establish the

probabilit" or improbabilit" of a fact inissuec. Pertinent # when it concerns collateral

matters which ma'e more or lessprobable the proposition at issue

3. f the false testimon" given b" the witness snot important essential or material to theprincipal matter under investigation itcannot properl" be held that per-ur" iscommitted

0. ,o per-ur" if defendant subscribed andswore before a cler' in treasurer%s office

(vvverga Se#on$ Semester) "* +,,-+,, Page +0 of /Criminal Law II Reviewer


27/74


which legitimatel" affects the credit of an" witness whotestifies

Competent Person "ut%oriDe$ to "$minister >at%# aperson who has a right to in@uire into the @uestions presentedhim upon matters under his -urisdiction

since cler' in not a competent personauthorized to administer oaths

. The assertion of falsehood must be willfuland deliberate

/. ood faith or lac' of malice is a defense inper-ur"

4. =ven if there is no law re@uiring thestatement to be made under oath as long asit is made for a legal purpose it is sufficient

6. Two contradictor" sworn statements are notsufficient to convict of per-ur"

7. 8ubornation of Per-ur" # committed b" aperson who 'nowingl" and willfull" procuresanother to swear falsel" and the witnesssuborned does testif" under circumstancesrendering him guilt"

12

>ffering7alse

!estimony in

Evi$en#e

1. That the offender offered in evidence a false witness orfalse testimon"

2. That he 'new the witness or the testimon" was false3. That the offer was made in a -udicial or official proceeding

>ffer of Evi$en#e begins the moment a witness is called tothe witness stand and interrogated b" counsel

)espectivepenaltiesprovided in thissection

1. =ven if there was conspirac" between falsewitness and part" who presented him thewitness having desisted before he couldtestif" on an" material matter he is ,OTliable because desistance during theattempted stage of e!ecution is anabsolutor" cause which e!empts him fromcriminal liabilit"

2. +rticle 160 applies when the offender doesnot induce a witness to testif" falsel"

12a#%inations)

onopolies)an$

Combinations

1.


28/74


29/74


marks is to be used

!ra$e 5ame# name or designation identif"ing ordistinguishing an enterprise

!ra$e 5ame 9istinguis%e$ from !ra$emark

1. Trade name is used in trade to designate a particularbusiness of certain individuals considered as an entit"$trademar' is used to indicate the origin or ownership ofthe goods to which it is affi!ed

2. Trade name unli'e trademar's are not necessaril"attached or affi!ed to the goods of the owner

distinguishing the foods Ctrademar'D orservice Cservice mar'D of an enterprise andshall include a stamped or mar'ed container

0. The trademar'%s function is to indicate theorigin or ownership of the goods to which itis fi!ed

. The ob-ects of trademar' are to point outdistinctl" the origin or ownership of thearticle to which it is affi!ed to secure tohim who has been instrumental in brininginto mar'et a superior article ofmerchandise the fruit of his industr" ands'ill and to prevent fraud and imposition

/. t is not necessar" that the goods of theprior user and the late user of the trademar'are of the same categories

4. The trade name or trademar' must beregistered

6. Trademar' must not be merel" descriptiveor generic

9. The e!clusive right to an originall" valid

trademar' or trade name is lost if for somereason it loses its distinctiveness or hasbecome publici jurisG

124

nfairCompetition)

7rau$ulentRegistration

of !ra$e5ame)

tra$emark) orservi#e mark)

7rau$ulent$esignation

of >rigin) an$

7alse9es#ription

"#ts Punis%e$'

1.


30/74


goods and services3.


31/74


142Illegal

Betting on6orse Ra#es

+cts Punishable:1.


32/74


S%ows openl" contrar" to public morals2. +uthors of obscene literature published with their

'nowledge in an" form the editors publishing suchliterature$ and the ownersEoperators of the establishmentselling the same

3. Thos who in theaters fairs cinematographs etc. e!hibit

indecent or immoral pla"s scenes acts etc. it beingunderstood that the obscene literature or indecent orimmoral la"s etc. whether in live or in file which areproscribed b" virtue hereof

0. Those who shall sell give awa" or e!hibit films printsengravings sculptors etc. which are offensive to morals

also whether or not such publication or actshoc's the ordinar" and common sense ofmen as an indecenc"

0. ere nudit" in pictures or paintings is not anobscenit"

. ive +wa"G should be read as distributeG

/. Pictures with slight degree of obscenit" notused for art%s sa'e but for commercialpurposes fall under this +rticle

4. The ob-ect of the law is to protect the moralsof the public

6. 9isposition of articles # to be forfeited infavor of the government

+,+

Vagrants an$Prostitutes

Vagrants'

1. +n" person having no apparent means of subsistence whohas ph"sical abilit" to wor' and who neglects to appl"himself to some lawful calling

2. +n" person found loitering about public or semiApublicbuildings or places or tramping or wandering about thecountr" or the streets without visible means of support

3. +n" idle or dissolute person who lodges in houses of illAfame$ ruffians or pimps and those who habituall"associate with prostitutes

0. +n" person who not being included in the provision ofother articles of this (ode shall be found loitering in an"inhabited or uninhabited place belonging to anotherwithout an" lawful or -ustifiable purpose

Prostitute# a woman who for mone" or profit habituall"indulge in se!ual intercourse or lascivious conduct

+ enor or a finenot e!ceedingP2**

n case ofrecidivism +a"or in mediumto P( inminimum or afine from P2** toP2*** or both

1. Onl" par. 1 and 2 re@uires absence of visiblemeans of support

2. endicanc" and abetting mendicanc" arepunished

3. iving of alms thru organized agenciesoperation under the rules and regulations ofthe inistr" of Public nformation is not aviolation of the endicanc" Baw

0. 9issolute # la! unrestrained immoral. )uffians # brutal violent lawless persons/. Pimp # one who provides gratification for the

lust of others4. 8e!ual intercourse is not absolutel"

necessar"

+,:&%o are

Publi#

1. Ta'ing part in the performance of public functions in theovernment or performing in said overnment or in an"of its branches public duties as an emplo"ee agent or

1. The term public officersG embracesever" public servant from the highest to thelowest

(vvverga Se#on$ Semester) "* +,,-+,, Page :+ of /Criminal Law II Reviewer


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+,/ali#ious

9elay in t%e"$min offfenses

"#ts Punis%able'

1.


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his official duties

Prevari#a#ion @"rt. +,2A 9istinguis%e$ from Bribery'1.


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such agreement e!ists3. n direct briber" the offender agrees to perform or

performs an act or refrains from doing something becauseof the gift or promise$ in indirect briber" in is ,OTnecessar" that the officer should do an" particular act oreven promise to do an" act as it is enough that he

accepts gifts offered to him b" reason of his office

acceptance is ,OT sufficient to lead thecourt to conclude that the crime of indirectbriber" has been committed

0. People vs. Pamplona Cpg. 3/1D # consideredindirect briber" even if there was a sort ofagreement between public officer and giver$

reason: the act e!ecuted b" the accusedwas ,OT un-ust therefore it cannot be directbriber"

+11-";ualifie$Bribery

1. That the offender is a public officer or entrusted with lawenforcement

2. That the offender refrains from arresting or prosecuting anoffender who has committed a crime punishable b" )PandEor death

3. That the offender refrains from arresting or prosecutingthe offender in consideration of an" promise gift orpresent

Penalt" foroffense whichwas notprosecuted #first paragraph

Penalt" of death# if it is thepublic officerwho as's or

demands suchgift or present

+1+Corruption of

Publi#>ffi#ials

1. That the offender offers or promises or gives gifts orpresents to a public officer

2. That the offers or promises are made or the gifts orpresents given to a public officer under circumstancesthat will ma'e the public officer liable for direct briber" orindirect briber"

8ame penaltiesimposed uponofficer corruptede!ceptdis@ualificationand suspension

1. Offender in this article is the giver or offeror2. The public officer sought to be bribed is not

criminall" liable unless he accepts the gift orconsents

3. ffenses

+cts Punishable as Frauds +gainst Public Treasur":1.


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ta!es licenses fees and other imposts

Elements of 7rau$s against Publi# !reasury'1. That the offender be public officer2. That he should have ta'en advantage of his office that is

he intervened in the transaction in his official capacit"

3. That he entered into an agreement with an" interestedpart" or speculator or made use of an" other scheme withregard to furnishing supplies the ma'ing of contracts orthe ad-ustment or settlement of accounts relating to publicpropert" or funds

0. That the accused had intent to defraud the government

Elements of Illegal E=a#tion'

1. The offender is a public officer entrusted with thecollection of ta!es licenses fees and other imposts

2. ;e is guilt" of acts 2 3 and 0 Cabove in +cts Punishable asFrauds +gainst Public Treasur"D

is sufficient to consummate the crime/. (ollecting officer must issue official receipts

to be guilt" of illegal e!actions4. 5hen there is 9=(=T in demanding greater

fees than those prescribed b" law the crimecommitted is estafa and not illegal e!action.

6. Ta! collector need not account for ta!collected

7. f a ta! collector collected a sum larger thanthat authorized b" law and spent all of themis guilt" of 2 crimes$a. llegal e!action for demanding a greater

amountb. alversation for misappropriating the

amount e!tracted1*. Officer or emplo"ee of


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+10Possession of

Pro%ibite$Interest by aPubli# >ffi#er

People Liable for Possession of Pro%ibite$ Interest'1. Public officer who directl" or indirectl" became interested

in an" contract or business in which it was his official dut"to intervene.

2. =!perts arbitrators and private accountants who in li'emanner too' part in an" contract or transaction

connected with the estate or propert" in the appraisaldistribution or ad-udication of which the" had acted

3. uardians and e!ecutors with respect to the propert"belonging to their wards or estate

+ a"or mediumperiod to P(minimum periodor a fine rangingfrom P2** toP1*** or both

1. +ctual fraud is not necessar"2. ntervention must be b" virtue of public

office held3. +n officer who intervenes in contract or

transaction which has no connection with hisoffice (+,,OT commit the crime defined in

+rticle 216

+1/alversation

of Publi#7un$s or

Property Presumption

of

alversation

EmbeDDlement# also called malversation

"#ts Punis%able in alversation'1.


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++,Illegal se of

Publi# 7un$sor Property

1. That the offender is a public officer2. That there is public fund or propert" under his

administration3. That such public fund or propert" has been appropriated

b" law or ordinance0. That he applies the same to a public use other than that

for which such fund or propert" has been appropriated b"law or ordinance

P( minimum or afine ranging from to total valueof summisapplied withT89 # if damage

orembarrassmentresulted

Fine from A*Lof summisapplied # ifno damage orembarrassmentresulted

1. The public finds or propert" must beappropriated b" law or ordinance for aparticular purpose

2. llegal Hse of Public Funds or Propert"9istinguished from alversation under+rticle 214:

a.


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++:Conniving

wit% orConsenting to

Evasion

1. That the offender is a public officer2. That he had in his custod" or charge a prisoner either

detention prisoner or prisoner b" final -udgment3. That such prisoner escaped from his custod"0. That he was in connivance with the prisoner in the latter%s

escape

Classes of Prisoners Involve$'1. Fugitive sentenced b" final -udgment to an" penalt"2. Fugitive held onl" as detention prisoner for an" crime or

violation of law or municipal ordinance

P( medium andma!imum andT89 ma!imum toP89 # sentencedb" final-udgment to an"

penalt"P( minimum andT89 # fugitivenot finall"convicted butonl" held asdetentionprisoner

1. (onnivance with the prisoner in his escape isan indispensable element

2. 9etention Prisoner # person in legal custod"arrested for and charged with some crimeor public offense

3. )elease of detention prisoner who could not

be delivered to the -udicial authorit" withinthe time fi!ed b" law is not infidelit" in thecustod" of the prisoner

0. Benienc" or la!it" is not infidelit" Ce.g.prisoner allowed to eat in restaurant nearmunicipal buildingD

. )ela!ation of mprisonment is consideredinfidelit"

++Evasion!%roug%

5egligen#e

1. That the offender is a public officer2. That he is charged with the conve"ance or custod" of a

prisoner either detention prisoner or prisoner b" final-udgment

3. That such prisoner escapes thru his negligence

Liability of Es#aping Prisoner'1. (onvict b" reason of final -udgment # +rticle 142. 9etention Prisoner # no liabilit"

+ a"orma!imum to P(minimum andT89

1. The prisoner is either a convict b" a final-udgment or detention prisoner

2. 5hat is punished invasion thru negligence issuch a definite la!it" as all but amounts todeliberate nonAperformance of dut" on the

part of the guard Ce.g. falling asleep lac' ofade@uate precautionsD

3. The fact that public officer recaptured theprisoner does not afford completee!culpation

++Es#ape of

Prisonerun$er t%e

Custo$y of aPerson not aPubli# >ffi#er

1. That the offender is a private person2. That the conve"ance or custod" of a prisoner or person

under arrest is confided to him3. That the prisoner or person under arrest escapes0. That the offender consents to the escape of the prisoner or

person under arrest or that the escape ta'es place thruhis negligence

Penalt" ne!tlower in degreethan thatprescribed forthe public officer

This article does not appl" if a private personwas the one who made the arrest and consentedto the escape of the person he arrested

++0Removal)Con#eal-ment

or9estru#tion

of 9o#uments

1. That the offender be a public officer2. That he abstracts destro"s or conceals documents orpapers

3. That the said documents or papers should have beenentrusted to such public officer b" means of his office

0. That damage whether serious or not to a third part" orto the public interest should have been caused

"#ts Punis%able in Infi$elity in Custo$y of 9o#uments'

1. )emoving2. 9estro"ing3. (oncealing documents or papers officiall" entrusted in the

P and fine note!ceedingP1*** # seriousdamage

P( minimum andmedium and finenot e!ceedingP1*** #damage notserious

3. Public officer must be officiall" entrustedwith the documents or papers0. The document must be (OPB=T= and one

b" which a right could be established or anobligation could be e!tinguished

.


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offending public officer

Infi$elity in Custo$y of 9o#ument $istinguis%e$ fromalversation an$ 7alsifi#ation

1. alversation and Falsification # when postmaster receivedmone" orders signed as pa"ee collected and

appropriated the respective amounts2. nfidelit" in (ustod" of Papers # when postmaster receives

lettersEenvelopes containing mone" orders and O arenot sent to addressees the postmaster cashing the samefor his own benefit

9o#ument# written instrument b" which something is provedor made of record

6. one" bills received as e!hibits in court arepapers

7. The removal must be for an illicit purpose1*. The removal is for an illicit purpose when

intention is toa. tamper with it or

b. to profit b" it$ orc. to commit an act constituting breach of

trust in official care thereof11. 9eemed consummated upon removal from

or secreting awa" from usual place in theoffice and after offender had gone out andloc'ed the door

12. nfidelit" in custod" b" destro"ing orconcealing it does not re@uired proof of illicitpurpose

13. There must be damage great or small++/

>ffi#er

Breaking Seal

1. That the offender is a public officer2. That he is charged with the custod" of papers or propert"

3. That these papers or propert" are sealed b" properauthorit"

0. That he brea's the seals or permits them to be bro'en

P( minimum andmedium T89

and fine note!ceedingP2***

1. t is the brea'ing of the seals not theopening of a closed envelope which is

punished2. 9amage or intent to cause damage is ,OT

necessar"++2

>pening ofClose$

9o#uments

1. That offender is a public officer2. That an" closed papers documents or ob-ects are

entrusted to his custod"3. That he opens or permits to be opened said closed papers

documents or ob-ects0. That he does not have proper authorit"

+ a"or T89and fine note!ceedingP2***

1. (ustod" # guarding$ 'eeping safe$ care2. (losed documents must be entrusted to the

custod" of the accused b" reason of hisoffice

3. The act should not fall under +rticle 224C


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person. That the deliver" is wrongful/. That damage be caused to public interest

Revelation 9istinguis%e$ from Infi$elity'

1. Papers contain 8ecrets # revelation

2. Papers do not contain 8ecrets A nfidelit"

general interest of the public order. Offender must have charge of papers or

copies of papers/. 9amage is an element under +rticle 227

+:,

Publi# >ffi#erRevealingSe#rets of

Private

In$ivi$ual

1. That the offender is a public officer2. That he 'nows of the secrets of a private individual b"

reason of his office3. That he reveals such secrets without authorit" or

-ustifiable reason

+ a"or and finenot e!ceedingP1***

1. )evelation to one person is sufficient forpublic revelation is not re@uired.

2. 5hen the offender is an attorne" at law or asolicitor +rticle 2*7 is applicable and not23*

3. 9amage to private individuals not necessar"

+:1>pen 9isobe-

$ien#e

1. That the offender is a -udicial or e!ecutive officer2. That there is a -udgment decision or order of a superior

authorit"3. That such -udgment decision or order was made within

the scope of the -urisdiction of the superior authorit" and

issued with all legal formalities0. That the offender without an" legal -ustification openl"

refuses to e!ecute the said -udgment decision or orderwhich he is dut" bound to obe"

+ a"or mediumto P( minimumT89 ma!imumand fine note!ceeding

P1***

The act constitution the crime is the open refusalto e!ecute -udgment decision or order

+:+

9isobe$ien#eto >r$er of

Superior>ffi#er) &%en

Sai$ >r$er

wasSuspen$e$by Inferior

>ffi#er

1. That the offender is a public officer2. That an order is issued b" his superior for e!ecution3. That he has for an" reason suspended the e!ecution of

such order0. That his superior disapproves the suspension of the

e!ecution of the order. That the offender disobe"s his superior despite the

disapproval of the suspension

P( minimum andmedium and P89

1. )eason for Provision: superior officer ma"sometimes err or orders ma" proceed froma mista'en -udgment

2. The article does not appl" if the order of thesuperior is illegal

(vvverga Se#on$ Semester) "* +,,-+,, Page : of /Criminal Law II Reviewer


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+::Refusal of

"ssistan#e

1. That the offender is a public officer2. That a competent authorit" demands from the offender

that he land his cooperation towards the administration of-ustice or other public service

3. That the offender fails to do so maliciousl"

+ a"or mediumto P( minimumP89 and fine note!ceedingP1*** # seriousdamage

+ a"or mediumand ma!imumfine note!ceeding P**# not so seriousdamage

1. 9emand must be from a competentauthorit"

2. 9amage to public interest is essential greator small

+:

Refusal to9is#%argeEle#tive

>ffi#e

1. That the offender is elected b" popular election to publicoffice.

2. That he refuses to be sworn in or to discharge the dutiesof said office

3. That there is no legal motive for such refusal to be swornin or to discharge the duties of said office

+ a"or or finenot e!ceedingP1*** or both

1. )efusal must be without legal motive2. )eason for Provision: matter of dut" to

discharge duties of said office3. +rticle 230 ,OT applicable to appointive

officer

+:altreat-ment of

Prisoners

1. That the offender is a public officer or emplo"ee2. That he has under his charge a prisoner or detention

prisoner3. That he maltreats such prisoner in either of the following

manners:a. b" overdoing himself in the correction or handling of a

prisoner or detention prisoner under his charge either#i. b" the imposition of punishments not

authorized b" the regulations orii. b" inflicting such punishments Cthose

authorizedD in a cruel and humiliating manner

P( mediumperiod to P inminimum inaddition toliabilit" forph"sical in-uriesor damagescaused underparagraph 1

1. The public officer must have actual charge ofthe prisoner to hold him liable fromaltreatment of prisoner

2. Offended part" must be a convict ordetention prisoner

3. To be detention prisoner the personarrested must be placed in -ail even for ashort while

0. The maltreatment must relate to thecorrection or handling of the prisoner ormust be for the purpose of e!torting aconfession or of obtaining some informationfrom the prisoner

. f ph"sical in-uries were due to a personalgrudge it would not fall under this article

/. Offender ma" also be liable for ph"sicalin-uries or damage caused

4. ,o comple! crime of maltreatment withserious or less serious ph"sical in-uries

b.


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+:0"nti#ipation

of 9uties ofPubli# >ffi#e

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

2. That the B+5 re@uires that he should first be sworn inandEor should first give a bond

3. ;e assumes performance of duties and powers of suchoffice

0. That he has not ta'en his oath andEor given bond re@uired

8uspended untilcomplied withformalities andfine from P2**AP**

+:/

ProlongingPerforman#eof 9uties an$

Powers

1. That the offender is holding a public office2. That the period provided b" law regulations or special

provisions for holding such office has alread" e!pired3. That he continues to e!ercise the duties and powers of

such office

P( minimumT89 minimumand fine note!ceeding P**

Public officer who has been suspendedseparated declared overaged or dismissedcannot continue to perform the duties of hisoffice

+:2"ban$onmen

t of >ffi#e orPosition

1. That the offender is a public officer2. That he formall" resigns from his position3. That his resignation has not "et been accepted0. That he abandons his office to the detriment of the public

service

;ualifying Cir#umstan#e'

- preventing prosecuting or punishing an" of thecrimes falling within Title One and (hapter One of Title 3of


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++9isobeying

Re?uest for9is?ualifi#ati

on

1. That the offender is a public officer2. That a proceeding is pending before such public officer3. That there is a @uestion brought before the proper

authorit" regarding his -urisdiction which is not "etdecided

0. That he has been lawfull" re@uired to refrain from

continuing the proceeding

+ a"or and finenot e!ceedingP**

+:

>r$ers orRe?uests by

E=e#utive>ffi#er to any


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4. There is also parricide b" mista'e6. + stranger who cooperates in parricide will

not be guilt" of parricide b" onl" homicide ormurder

+/9eat% or

P%ysi#alInuries

Infli#te$n$er

E=#eptionalCir#um-

stan#es

1. That a legall" married person or a parent surprises hisspouse or his daughter the latter under 16 "ears of age

and living with him in the act of committing se!ualintercourse with another person2. That he or she 'ills an" or both of them or inflicts upon

an" or both of them an" serious ph"sical in-ur" in the actor immediatel" thereafter

3. That he has not promoted or facilitated the prostitution ofhis wife or daughter or that he or she had not consentedto the infidelit" of the other spouse

Surprise# to come upon suddenl" and une!pectedl"

Cases w%en Parri#i$e is not punis%e$ wit% RP to 9eat%'1. Parricide committed through negligence C+rticle 3/D

2. 5hen it is committed b" mista'e C+rticle 207D3. 5hen it is committed under e!ceptional circumstances

C+rticle 204D

K ,ote:A Mustification for this article: burst of passion

K ,ote:This article does

not define andpenalize apenalt"

9estierro # ifaccused 'illed orinflicted seriousph"sical in-urieson spouse orother person

=!empt frompunishment # if

inflicted ph"sicalin-uries of an"'ind

9estierro isintended toprotect spousefrom reprisals b"relatives ofdeceased spouse

1. )e@uired to be a legall" married person

2. The article does not seem to re@uire that the

parent be legitimate it re@uires onl" thatshe is under 16 and that she is living withher parents

3. The article does not seem to appl" to amarried daughter

0. 8urprising the spouse or daughter in +(T ofse!ual intercourse in indispensable

. This article is not applicable when theaccused did not see his spouse in the act ofse!ual intercourse with another person

/. t is enough however that the circumstancesshow reasonabl" that the carnal act is beingcommitted or has -ust been committed

4. There is conflict of opinion on whetherse!ual intercourseG includes preparator"acts

6. The 'illing or inflicting of in-uries must be:CaD in the act of se!ual intercourse or C2Dimmediatel" thereafter

7. The discover" the escape the pursuit andthe 'illing must all form part of onecontinuous act

1*. The 'illing must be the direct b"Aproduct ofthe accused%s rage

11. The 'illing of the spouse b" accused must be

b" reason of having surprised her in the actof se!ual intercourse with another person12. +rticle 204 applies onl" when spouse

surprises other spouse in flagrant adulter"13. ,o criminal liabilit" if ph"sical in-uries are

less serious or slight

14. +ccused cannot be held liable for in-uries

sustained b" 3rdpersons as a result thereofsince he was ,OT committing a felon"

(vvverga Se#on$ Semester) "* +,,-+,, Page / of /Criminal Law II Reviewer


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Corpus Delicti# actual commission of the crime charged$means that the crime was actuall" perpetrated and does notrefer to the bod" of the murdered person

inflicted b" 2 different persons even if the"were not in conspirac" each of them isguilt" of homicide

7.+,

Penalty7rustrate$ Parri#i$e) ur$er or 6omi#i$eA Penalt" lowerb" one degree than that which should be imposed under

provisions of +rticle *

"ttempte$ Parri#i$e) ur$er or 6omi#i$e# Penalt" lowerb" one under provisions of +rticle 1

1. This article is permissive not mandator"2. (ourt ma" impose penalt" 2 degrees lower

for frustrated parricide murder or homicide3. (ourt ma" impose penalt" 3 degrees lowerfor attempted parricide murder or homicide

0. +n attempt against the life of the (hief=!ecutive etc. is punishable b" death

+1

9eat% Cause$in

!umultuous"ffray

1. That there be several persons2. That the" did not compose groups organized for the

common purpose of assaulting and attac'ing each otherreciprocall"

3. That there several persons @uarreled and assaulted oneanother in a confused and tumultuous manner

0. That someone was 'illed in the course of the affra". That it cannot be ascertained who actuall" 'illed the

deceased/. That the person or persons who inflicted serious ph"sical

in-ur

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