CRIMINAL LAW II

Judge Pimentel’s Favorite Topics

CRIMES AGAINST NATIONAL SECURITY AND LAW OF

NATIONS
Elements of Treason
1. Offender owes allegiance to the PH (either citizen or resident alien)
2. There is a war and the PH is involved
3. Offender either:
a. Levies war against the government; or
b. Adheres to the enemies AND giving them air or comfort.
***treason arises only if the enemy is a foreign country.
*** treason can be committed by a Filipino anywhere, even outside the PH.

Elements of Misprision of Treason

1. Offender is a Filipino Citizen
2. That he has knowledge of any conspiracy to commit treason against the government
3. He conceals or does not disclose it to the proper authority.

Two ways of Espionage

1. By entering, without authority, a warship, fort, or military or naval establishment or
reservation to obtain information, plans, photographs or other confidential data
relative to the defense of the Philippines. (consummated by mere entry without
authority)
2. By disclosing to the representative of a foreign country information relative to the
defense of the Philippines which he had in possession by reason of his public office.

Elements of Piracy – III

1. A vessel is on the high seas or PH waters
2. Offender is not a member of the complements or passengers of the vessel
3. Offender either:
a. Attacks/ seizes the vessel
b. Seizes the whole or part of the cargo, equipment, or personal belongings of its
complements or passengers.
*** If with violence, intimidation or force, it can be piracy under PD 532 and it can be
committed by any person
***piracy is triable anywhere, it is a crime against mankind.

CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

Elements of Arbitrary detention:
1. Offender is a Public Officer/Public Employee vested with authority to detain a person
2. He detains a person
3. Detention is without legal ground.
*need not involve physical restraint, as long as there is deprivation of liberty.
*if he did not have authority to detain, then the crime is illegal detention.

Elements of Delay in Delivery of Detained Persons to the Proper Judicial
Authorities
1. Offender is a public officer or employee vested with authority to detain;
2. He has detained a person for some legal ground; and
3. He fails to deliver such person to the proper judicial authorites within:
a. 12 hours for crimes punishable by light penalties
b. 18 hours for crimes punishable by correctional penalties
c. 36 hours for crimes punishable by afflictive penalties
***weekends and holidays are included.
***if terrorism, 3 days.
***applies only to arrests made without a warrant but with legal ground

Elements of Violation of Domicile – II

1. Offender is a PO/PE
2. Who is not authorized by judicial order to enter the dwelling of another or to make a
search
3. That the offender:
a. Enters the dwelling against the will of the owner
b. Search papers without the previous consent
c. Refuses to leave the premises after having surreptitiously entered said dwelling
and having been required to leave the same
***if the offender is a private individual or PO whose function is not to search and seize, the
crime is trespass to dwelling

Acts that constitute Dissolution of Peaceful Meeting

1. Prohibiting, interrupting, or dissolving without legal ground the holding of peaceful
meetings
2. Hindering any person from joining or any unlawful association or from attending any
of its meetings
3. Prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances.
***offender must be a public officer.

Elements of Offending Religious Feeling

1. Acts were performed in a place devoted to religious worship (even if there is no
ceremony going on) or during a religious ceremony
2. Acts were notoriously offensive to the feelings of the faithful

CRIMES AGAINST PUBLIC ORDER

Elements of Rebellion/insurrection:
1. There is a Public uprising and taking up of arms
2. Movement is to:
a. Remove its allegiance the territory of the PH or anybody of the armed forces
b. Deprive, wholly or partially, any of the powers of the Chief executive or
Congress.
***If to deprive the judiciary, the crime is sedition.
*no complex crime of rebellion with other common crimes.
***different from treason because in treason it is to deliver the PH to a foreign power.

Rebellion – to completely overthrow the government
Insurrection – to effect some change of minor importance

Elements of Coup d’etat – II

1. Offender is a military/police officer or holding any public office
2. Committed by means of swift attack, accompanied by violence, intimidation, threat,
strategy or stealth
3. Attack is directed against the authorities of the RP, military camp, communication
networks or public utilities
4. Purpose is to seize or diminish state power.

*objective is to destabilize the existing government

*crimes not of political motivation shall be separately charged

Conspiracy to commit rebellion is a crime.

It exists when 2 or more persons come to an agreement to rise publicly and take arms
against the government for any of the purposes of rebellion, insurrection or coup d’etat and
decide to commit it.
*Also applies to conspiracy to commit insurrection or coup d’etat.
*does not apply to sedition

Proposal to commit rebellion is a crime.

When the person who has decided to rise publicly and take arms against the government for
any of the purpose of rebellion proposes its execution to some other person.
*Also applies to proposal to commit insurrection or coup d’etat.
*does not apply to sedition

Elements of Sedition – II
1. Offenders rise publicly and tumultuously (committed by more than 3)
2. They employ force, intimidation, and other illegal means
3. Object is to:
a. Prevent promulgation or execution of law or election
b. Prevent the government from freely exercising its functions
c. Inflict any act of hate or revenge upon a PO/PE
d. To commit, for any political or social end, any act of hate or revenge against
private persons or a social class
e. To despoil, for any political or social end, any person, municipality, or province or
the national government of all its property or any part thereof.
***sedition cannot be committed by one person.
***no need to take arms
*** sedition does not absorb other crimes except use of unlicensed firearms.

Elements of Inciting to Sedition

1. Inciting others to commit sedition by speeches, proclamations, writings, emblems,
cartoons, or other representations
2. Uttering seditious words or speeches which tend to disturb the public peace
3. Writing, publishing, or circulating scurrilous (low, vulgar) libels against the
government or its duly constituted authorities that tend to disturb public peace
4. Knowingly concealing such evil practies
**the offender in inciting must not take direct part of the sedition.

2 kinds of illegal assembly –

1. Any meeting attended by Armed persons for the purpose of committing any of the
crimes punishable under the RPC. (gravamen is mere gathering for the unlawful
purpose relating to a crime under the RPC, if SPL – not illegal assembly)
2. Any meeting in which the audience, whether armed or not, is incited to commit
(TRISA) Treason, Rebellion or Insurrection, Sedition, or Assault upon a person in
authority.

2 kinds of Illegal Association

1. Associations totally or partially organized for the purpose of committing crimes under
the RPC
2. Organized for some purpose contrary to public morals.
*no need for a meeting, formation and membership constitutes the crime

2 ways to commit Direct Assault – III

1. Without public uprising, by employing force or intimidation for the attainment of any
of the purposes for sedition and rebellion.
2. Without public uprising, by attacking, by employing force or seriously intimidating or
seriously resisting any person in authority or Agent of PA while engaged in the
performance of official duties, or in occasion of such performance.
***qualified if committed with a weapon, offender is a PO/PE, or offender lays hands upon
the PA.
***knowledge of the offender that the victim is a PA is essential.
***cannot be committed if there is rebellion or sedition, because there must be NO public
uprising.

Elements of Indirect Assault

1. PA or APA is the victim of direct assault
2. A person comes to the aid of the APA
3. Offender makes use of force or intimidation upon such persons coming to the aid of
the APA
***in indirect assault, the one hurt is the person who came to the aid of the APA. If the one
hurt is an APA, then that is still direct assault.

Acts that constitute Disobedience to Summon –

1. refusing, without legal excuse, to obey summons of congress, or any commission or
committee chairman or member authorized to summon witnesses.
2. Refusing to be sworn or placed under affirmation
3. Refusing to answer any legal inquiry or to produce any books
4. Restraining another from attending as witness in such legislative or constitutional
body
5. Inducing disobedience to summons or refusal to be sworn
***valid disobedience if testimony is self-incriminating, person summoned is
compelled to be a witness against himself, or when it violates the right to double
jeopardy

Elements of Delivering Prisoners from Jail
1. There is a person confined in a jail or penal establishment
2. The offender removes such confined person or helps him escape
***if jailer was bribed, then he commits infidelity in the custody of prisoners and bribery.
***offender must not be the custodian of the prisoner

Elements Evasion of Service of Sentence – IIII

1. Offender is a convict by final judgment
2. He is serving his sentence, which consists of deprivation of liberty
3. He evades service of his sentence by escaping the terms of his sentence.
*but not evasion of service if he escapes during appeal or if he is merely a detention
prisoner, minor, or deportee
*DQ from ISLaw
*** if there is a mutiny or other calamity and the offender leaves the penal institution, he
must return within 48 hours following the proclamation of the Chief executive of the passing
of such calamity, otherwise, he’ll be liable for evasion of service on occasion of disorders, or
other calamities

CRIMES AGAINST PUBLIC INTEREST

2 ways of Forgery
1. By giving to a treasury or bank note or any instrument payable to bearer or to order
the appearance of a true and genuine document
2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters,
words, or signatures contained therein.
***forgery cannot be presumed. It must be proved by clear, positive, and convincing
evidence.
***forgery is the falsification and counterfeiting of bank notes, treasury, or bearer or order
instruments. WHILE falsification refers to public, official, commercial, or private documents.

Elements of Falsification by public officer or employee or notary

1. Offender is a PO, PE, Notary, or ecclesiastical minister
2. He takes advantage of his position
3. He falsifies a document
***it is essential that the offender knows the falsity of the document.

Acts of falsification:
1. Counterfeiting or imitiating any handwriting, signature
2. Make it appear that a person participated
3. Attributing to persons who participated any act or statement that they did not make
4. Making untruthful statements in a narration of facts (must be absolutely false)
5. Altering true dates
6. Altering or intercalating a genuine document which changes its meaning
7. Issuing in an authenticated form a document purporting to be a copy of the original
BUT there is no such original
8. Intercalating any instrument relative to the issuance thereof in a protocol, registry
book, or official book.

Elements of Falsification by private individuals

 1. Offender is a private individual or PO who did not take advantage of his position
2. He committed any of the acts of falsification
3. Falsification was committed in a public, official, or commercial document.
*** if falsification was a necessary means to commit estafa, then it is a complex crime is
committed.

Elements of Falsification of private documents by any person

1. Offender committed any of the acts of falsification, except 7.
2. Falsification was committed in any private document
3. Falsification caused damage to a third person or with the intent to cause such
damage
***no complex crime of estafa thru falsification of private document

False Testimony and Perjury - III

False testimony is committed by any person who, being under oath, and required to testify
as to the truth of a certain matter at a hearing before a competent authority, shall deny the
truth or say something contrary to it.

Elements if in a criminal case: COKA

1. There’s a criminal proceeding
2. Offender testifies falsely under oath
3. Offender knows it is false
4. Defendant is either acquitted or convicted in a final judgment

*if testimony against the defendant, it need not wait for conviction or acquittal as long as
the crime charged is afflictive.

*if false testimony is made by defendant, if he merely denies the commission of the crime
he cannot be charged with false testimony, unless he falsely imputes another person. (US v.
Soliman)

Elements if in a civil case: CIF-K

1. Testimony is given in a civil case
2. It relates to the issues presented
3. It is false
4. Defendant knows that the testimony is false
5. Testimony is malicious with intent to affect the issues presented.

Perjury
It is the willful and corrupt assertion of falsehood under oath or affirmation administered by
authority of law on a material matter.

Elements of perjury:
1. Accused made a statement under oath or executed an affidavit upon a material
matter
2. Statetment was made before a competent person authorized to administer oaths
3. Accused made a willful and deliberate assertion of falsehood
4. Sworn statement was required by law

*if sworn statement was not important, essential, or material to the principal matter under
investigation, then there is no perjury.

Note: If committed in a judicial proceeding, crime is false testimony and if committed in
other official proceedings, penalty is perjury

*”offering false testimony in evidence” – crime under art 184

CRIMES COMMITTED BY PUBLIC OFFICERS

A public officer is one who performs a public function or a public duty

Elements of Knowingly Rendering Unjust Judgment

1. Offender is a judge
2. Judgment is unjust (which must be declared judicially via certiorari or admin case)
3. Judge knows that it is unjust
4. He renders a judgment in a case submitted to him for decision (it must be a final
order)
*does not apply if in a collegiate court

Elements of Unjust Interlocutory Order

1. Offender is a judge
2. He renders an unjust interlocutory order either knowingly or thru ignorance and
negligece.

Elements of Malicious Delay in the Administration of Justice (Prevaricacion)

1. Offender is a judge
2. There’s a proceeding in his court
3. He delays the administration of justice
4. The delay is malicious, with deliberate intent to inflict damage on either party.
*if without malice, no felony. If delay is partly caused by a party, no felony.

Elements of Negligence and Tolerance – II

1. Offender is a public officer who has a duty to prosecute or cause prosecution
(includes officer of the law)
2. Knowing the commission of the crime, he does not cause the prosecution of the
criminal OR knowing that a crime is to be committed he tolerates its commission
3. Offender acts with malice and deliberate intent to favor the violator
*the crime must first be proved before conviction for dereliction

Punishable Acts of Betrayal of Trust by an Attorney or Solicitor

1. Causing damage to his clients by: (if no damage, no crime)
a. Any malicious breach of professional duty
b. inexcusable negligence or ignorance
2. Revealing secrets of the client
3. Undertaking the defense of the opposing party in the same case without the consent
of the first client after having received confidential info from said client
*but no protection if the confidential information is a crime the he intends to commit, the
privilege only pertains to past acts and not future acts.

Elements of Direct Bribery – IIII

1. Offender is a public officer
2. He accepts an offer or a promise or receives a gift
3. Offer or gift is accepted to commit a crime, an unjust act, or to refrain from doing his
duty

 4. The act is connected with his official duties

*if the act is a crime, mere acceptance consummates the bribery, if no acceptance, then the
offeror is liable for attempted corruption of a public officer.

Elements of Indirect Bribery

1. Offender is a public officer
2. He accepts gifts
3. Gifts are offered to him by reason of his office

*in indirect, there is no specific agreement, unlike in direct bribery

*no attempted or frustrate stage.

Elements of Qualified Bribery:

1. Offender is a PO entrusted with Law Enforcement
2. Offender refrains from arresting or prosecuting a criminal punishable by RP and/or
death
3. He refrains by reason of the gift or promise.
*qualified by reason of position of offender and the nature of the crime that he refrains to
prosecute

Elements of Corruption of Public Official

1. Offender offers or gives gifts to a PO
2. The offers or gifts will make the PO liable for direct/indirect bribery
*the crime is for the giver of the gift, attempted if not accepted.

Elements of Frauds against Public Treasury

1. Offender is a PO
2. Who Took advantage of his office and
3. Entered into an agreement with any interested party to furnish supplies, make
contracts, or settlement of accounts relation to public property or funds
4. With intent to defraud the government

Elements of Illegal Exaction:

1. Offender is a PO entrusted with the collection of taxes, licenses, fees, and other
imposts
2. Guilty of demanding a larger sum than that authorized by law, or failing to issue a
recipt upon collection, or collecting or receiving things or objects of a different nature
as provided by law as payment.
*However, this does not apply to BIR and BOC officers, they are punished under the NIRC

Malversation – III
It is also called embezzlement.

Elements of Malversation of Public Funds :

1. Offender is a PO
2. Who had custody or control of funds or property by reason of his official duty
3. The funds or property were public funds for which he was accountable
4. He appropriated, took, misappropriated, or consented, or through abandonment or
negligence, permitted another to take them.

*If he did not have duty and authority to receive the money, then the crime committed is
estafa.
**private property can be the subject of malversation, if they were in custodia legis.
***if there is a discrepancy found in a thorough audit, the presumption of malversation will
arise.
****good faith is not a defense.

Comparison between malversation, estafa, and qualified theft.

In malversation, the offender can only be committed by a public officer who is accountable
for the funds or property
In estafa and qualified theft, the offender can be a private individual or a PO who should not
be accountable for the funds/ property taken.

Elements of Technical Malversation – II

1. The offender is an accountable public officer;
2. he applies public funds or property under his administration to some public use; and
3. the public use for which the public funds or property were applied is different from
the purpose for which they were originally appropriated by law ordinance.
*committed when public funds is use for another public purpose but not the one originally
appropriated for.

Bonus:
Distinguish consenting to evasion and delivering prisoners from jail.
Consenting to evasion entails a PO, who has legal charge or custody of a prisoner, conniving
with the prisoner to escape.
Delivering prisoner from jail entails an outsider or a PO who does not have official custody
of the prisoner and removes him from jail or aids in his escape.

Elements of Open Disobedience – II

1. offender is a judicial or executive officer
2. there is a judgment or order by a superior authority
3. such judgment was made within the superior’s jurisdiction and with all legal
formalities
4. offender, without any legal justification openly refuses to execute the judgment
which he is duty bound to obey.

*offender unjustly refuses to obey to execute a valid and legal judgment by a superior
authority.

Elements of Refusal of Assistance

1. offender is a PO
2. offender is commanded by a competent authority to lend his cooperation
3. offender fails to do so maliciously
*Offender has an obligation by reason of his office to render assistance in the administration
of justice but refuses to do so.

Elements of Refusal to Discharge Elective Office

1. Offender is elected to a public office
2. He refuses to be sworn in or to discharge his duties

 3. No legal motive for his refusal

Elements of Maltreatment of Prisoner

1. Offender is a PO
2. who has legal charge or custody of a prisoner convicted by final judgment or
detention prisoner
3. that he maltreats by
a. imposing punishments not authorized by law, or
b. inflicting cruel and humiliating punishments.
c. Maltreating to extort information (which qualifies the crime)
*cannot be complexed

Elements of Abandonment of Office or Position - II

1. Offender is a PO
2. he formally (in writing) resigns from his position
3. But his resignation has not yet been accepted and
4. He still abandons his office to the detriment of the public service

Elements of Orders/Request by Executive Officers to Any Judicial Authority

1. Offender is an executive officer
2. He addresses any order or suggestion to any judicial authority; and
3. The order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.

Elements of Abuse against Chastity:

1. Offender is a PO
2. He solicits or makes indecent advances to a woman
3. Such woman is:
a. Interested in matters pending before the offender for decision
b. Under the custody of the offender who is a warden or PO direcly charged with the
care and custody of the prisoners
c. The wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
*mother of the person in custody is not included in the prohibition, which means kahit mag
advance ka sa mother, no crime.

CRIMES AGAINST PERSONS

Elements of Parricide – III
1. A person is killed
2. By the accused
3. The deceased is the legit or illegit father, mother, or child OR other Legitimate
ascendants, descendants and spouse of the accused
*only relatives by blood and in the direct line are considered in parricide, except the
legitimate spouse. If non-blood like adopter-adoptee, no parricide.
*as long as, relationship exists, there is parricide.

Elements of Death or Physical Injuries inflicted under Exceptional Circumstances

1. A legally married person or a parent surprises his spouse or his daughter, who is 18
years old or below and who is living with him, in the act of committing sexual
intercourse with another person

 2. That he kills or inflicts serious physical injury any or both of them immediately
thereafter
3. That he has not promoted or facilitated the prostitution of his wife or daughter or did
not consent to the infidelity
*sexual intercourse does not include preparatory acts

Elements of Murder:
1. A person was killed
2. Accused killed him
3. Killing was attended by qualifying circumstances mentioned in art 248.
4. Killing is not parricide or infanticide

Qualifying circumstances for murder:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of motor
vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.

Homicide
It is the unlawful killing which is not parricide, murder, or infanticide

Elements of Homicide
1. A person was killed
2. Accused killed him without any justifying circumstance
3. Intention to kill, which is presumed
4. Killing was not attended by any of the qualifying circumstances of murder, nor
parricide or infanticide.

***intent to kill is CONCLUSIVELY presumed when death results, but evidence of intent to
kill is needed in attempted or frustrated homicide.

Elements of Infanticide – II
1. A child was killed
2. Child was less than 3 days old
3. Accused had kill the child
*no crime of infanticide if the child was born dead or if born alive, it could not sustain an
independent life when it was killed.

*treachery is inherent in infanticide.

Elements of Intentional Abortion – III

1. There is a pregnant woman

 2. That violence is exerted, or drug, or beverages administered, or that the accused
acts upon such pregnant woman
3. The fetus dies either in the womb or after having been expelled
4. The abortion is intended

*the different types of abortion require intention to abort, except for the unintentional
abortion.
* other types of abortion, abortion practiced by the woman herself or her parents (to
conceal her dishonor), and abortion practiced by a physician or midwife or pharmacist.

A abortion by a pharmacists is consummated by the mere fact of dispensing an abortive

without a prescription. (but if the person is not pregnant, it is an impossible crime)

Elements of Unintentional Abortion:

1. There is a pregnant woman
2. That violence is used upon a pregnant woman without intending abortion
3. Violence was intentionally exerted
4. Fetus died as a result of the violence

Mutilation
Can be castration or mayhem
1. Intentionally mutilating another by depriving him, either totally or partially, of some
essential organ for reproduction (castration)
2. Intentionally lopping or clipping off any part of the body aside from the reproductive
organ, to deprive him of that part. (mayhem)
*intention is an essential element in mutilation, if there was a cutting of a limb but there
was no intent to chop off that limb, then the crime is physical injuries.
*cruelty is inherent in mutilation.

Physical Injuries – III

Serious Physical Injuries

1. When the injured person becomes insane, imbecile, impotent or blind
2. When he loses his power to hear, to speak, to smell, or loses one eye, arm, foot or
becomes incapacitated for the work he was habitually engaged
3. When the person becomes deformed, loses any member of his body or use thereof,
or becomes ill or incapacitated to perform the work he is habitually engaged in for
more than 90 days
4. When the person becomes incapacitated for labor (any kind) for more thatn 30 days
but not more than 90 days.
***physical injuries must not have intent to kill, otherwise, it will be homicide or murder
***SPI can be committed thru reckless imprudence

Requisites for deformity

1. Physical ugliness
2. Permanent and definite abnormality
3. Conspicuous and visible

Elements of Less Serious Physical Injuries

 1. Offended party was incapacitated for labor for 10 days or more but not more than 30
days, or needs medical attendance for the same period.
2. Physical injuries must not be those described in serious physical injuries or
mutilation.

Slight Physical Injuries

1. Physical injuries which Incapacitated the offended from 1 to 9 days or required
medical attendance for the same period
2. Physical injuries which did not prevent the offended party from engaging in his
habitual work
3. Ill treatment of another by deed without causing any injury.

*if incapacitated to perform work that he is habitually engaged in, if less than 90 days,
then slight or less serious

Elements of Rape by Sexual Intercourse – II

1. Offender is a man
2. Offender had carnal knowledge of a woman
3. Such act was accomplished by:
a. By using force, threat, or intimidation
b. When the woman is deprived of reason or unconscious
c. By fraudulent machinations or grave abuse of authority
d. Under 12 years of age or demented
*carnal knowledge of a woman against her will, in this case, the offender is always a man
and the offended is always a woman.

Elements of Rape through Sexual Assault

1. Offender commits sexual assault
2. Act is committed by:
a. Inserting his penis to another’s mouth or anal orifice
b. Inserting any object into the genital or anal orifice
3. Committed by the circumstance in rape through sexual intercourse e.g. using force,
intimidation, threat
*no crime of frustrated rape
*attempted rape if not able to insert
*if no intent to penetrate, then it is act of lasciviousness

Qualified Rape
1. Qualified when it is a special complex crime
2. Victim is a child below 7 years old
3. Victim is under 18 but the offender is the parent, ascendant, stepparent, guardian,
relative by third degree or the common law spouse
4. Victim is under custody of the police or military
5. Committed by any member of the AFB or PNP
6. Rape is committed with the use of a deadly weapon or by 2 or more persons
7. When rape is committed in full view of the spouse, parent, or any children or
relatives within the 3rd degree
8. Offender knew of the pregnancy
9. Offended is religiously engaged in religious vacation or calling
10. when offender knew of the mental or emotional disability of the offended
11. offender knows that he has HIV/AIDS or any STD and such is transmitted to the
victim

 12. due to the rape, the victim became insane
13. due to the rape, victim suffered permanent physical mutilation or disability

***pardon of rape can no longer apply to accessories and accomplices because it is now a
crime against persons.

Rape with Homicide

Rape with homicide is a special complex crime, but when homicide is committed not by
reason of or on occasion of rape, then there is no special complex crime of rape with
homicide.

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Elements of Kidnapping and Serious Illegal Detention – III

1. offender is a private individual who is not the parents of the victim or a female, or a
PO who has no duty to detain a person (if may authority, that would be arbitrary
detention na)
2. kidnaps or detains another, or in any manner deprives the latter of his liberty
3. act of detention or kidnapping must be illegal
4. and when any of the following are present:
a. detention lasted for more than 3 days
b. committed by simulating public authority
c. any serious physical injuries were afflicted or threats to kill him were made
d. person kidnapped was a minor, female, or public official.

*if there was already lewd design from the beginning, then the crime is forcible abduction
with rape and not kidnapping with rape.

Elements of Slight Illegal Detention

1. offender is a private individual
2. he kidnaps another or deprives him of liberty
3. act of kidnapping is illegal
4. crime is committed without the circumstance enumerated in kidnapping.

Elements of Unlawful Arrest – II

1. offender arrests or detains another
2. purpose is to deliver him to the proper authorities
3. the arrest was unauthorized by law or there is no reasonable ground
*offender can be a private or public officer who does not have authority to arrest anyone. If
he did have authority, then he will be charge with arbitrary detention.

Abandonment page 225

Elements of Trespass to Dwelling - II

1. offender is a private person
2. that enters the dwelling of another

 3. such entrance was against the will of the owner/occupant
4. TO MAKE IT QUALIFIED TRESPASS: entrance was committed by violence or
intimidation.
* if a person was killed after trespass and there was no intent when he entered, there will
be separate crimes of homicide or murder and qualified trespass to dwelling
*but if there was intent to kill when he entered, then the crime is homicide or murder, with
aggravating circumstance of dwelling.

*if the offender is a public officer, then the crime committed is violation of domicile

Elements of other forms of trespass:

1. Offender enters the closed premises or fenced estate of another
2. Entrance was made while it was uninhabited
3. Prohibition to enter was manifest
4. Trespasser has not secured the permission of the owner
*in this case, any person can be the offender and the place is not a dwelling house but a
fenced estate or closed premises.

Elements of Grave Threat – II

If the offender attained his purpose and with a condition:
1. Offender threatens another person with the infliction upon the latter’s person, honor
or property, or upon that of the latter’s family, of any wrong.
2. Such wrong amounts to a crime
3. There is demand for money or any other lawful/unlawful condition
4. Offender attains his purpose

Elements of Grave threats not subject to a condition:

1. Offender threatens another person with the infliction upon the latter’s person, honor
or property, or upon that of the latter’s family, of any wrong.
2. Such wrong amounts to a crime
3. Such threat is not subject to a condition
*the threatened act must be a crime, if the threat is a proper legal action, then it is not a
threat.

*if the demand for money is on the spot, the crime is robbery with intimidation

Elements of light threats:

1. Offender makes a threat to commit a wrong
2. The wrong does not constitute a crime
3. There is a demand for money or other lawful/unlawful condition
4. Offender has attained or not attained his purpose.
*If the threat is not a crime but is still a wrong, then it is a light threat.

*if no demand for money and no condition, then it can be “other light threats”

Elements of Grave Coercion - II

1. A person prevented another from doing something not prohibited by law or by
compelling him to do something against his will
2. The prevention or compulsion was effected by violence, threat, or intimidation
3. Offender had no right to restrain the will of another.
*if what is being prevented is prohibited by law, there is no coercion.

*coercion is always consummated

Elements of Light Coercion

1. Offender is a creditor
2. He seizes anything belonging to the debtor
3. Seizure is accomplished by means of violence or intimidation
4. Purpose was to apply the same to the payment of debt

Unjust Vexation - II

It is committed when the offender’s acts caused annoyance, irritation, vexation, torment,
distress, or disturbs the mind of another.

*it is distinguished from coercion because of the absence of violence or intimidation.

If light coercion without the element of violence and intimidation, it will be unjust vexation.

CRIMES AGAINST PROPERTY

Element of Robbery – III
1. There is personal property belonging to another
2. There is unlawful taking of that property
3. Taking was with intent to gain
4. There was violence against or intimidation of any person or force upon things.
*if real property was taken, then the crime is “usurpation”.

*if it is the owner who forcible takes the property from its lawful possessor, the crime is
estafa.

If robbery with violence against or intimidation of persons – consummated when offender

already has possession of the thing, regardless if he has an opportunity to dispose of it

If robbery with force upon things – the thing must be brought outside first

***if what he took was actually his, then there is no robbery

***If he believed that it was his property but was actually not his, there is no intent to gain,
hence, still no robbery

Robbery with Homicide – IIII

If the offender had intent to take personal property from the beginning, then the killing can
precede or occur after the robbery, the crime will still be robbery with homicide. (people v.
Torres)

The law does not need the victim of the robbery be the one killed, as long as someone died,
there will be robbery with homicide.

Qualified robbery if:

1. Committed by a band
2. In an uninhabited place
3. Attacking a moving train, car, motor vehicle, or airship

 4. Entering the passenger’s compartment in a train
5. On a street, road, highway, or alley and the intimidation is made with the use of
firearms.

Elements of Brigandage – II
1. There must be at least 4 armed men
2. They formed a band
3. Purpose is any of the following:
a. To commit robbery in a highway
b. To kidnap persons for ransom or extortion
c. To attain by means of force and violence any other purpose
***a crime committed by more than 3 armed persons who form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping for ransom, or any other
purpose to be obtained by means of force or violence.
*** in highway robbery, there must be no preconceived victim unlike in brigandage under
the RPC, where there is a preconceived victim.
***mere formation of the band is punishable

Elements of theft - IIIIII

1. Taking of personal property
2. Property belongs to another
3. Taking was with intent to gain
4. Taking done without the consent of the owner
5. Done without the use of violence against or intimidation upon persons or with force
upon things.
***any person who found lost property and fails to deliver the same to the local authority is
likewise held liable for theft
***consummated upon unlawful taking

Qualified Theft -II

Same elements plus “committed with grave abuse of confidence”
*2 degrees higher

instances where there is qualified theft:

1. Theft by a domestic servant
2. Committed with grave abuse of confidence
3. Property taken is coconuts from the plantation
4. Property stolen is fish from the fishery
5. Taken on account of earthquake or other calamity
6. Property stolen is a motor vehicle, mail matter, or large cattle.

Elements of Occupation of Real Property or Usurpation of Real Rights in Property –

III
1. Offender takes possession of any real property or usurps any real rights
2. Real property belongs to another
3. Violence against or intimidation of persons was used
4. There’s intent to gain.

*violence or intimidation must be the means used to occupy or usurp

*if no intent to gain, coercion
*if no violence, intimidation and no intent to gain, malicious mischief
***basically usurpation of real rights is robbery but for real prop.

Elements of Estafa – IIIIIII
1. Accused defrauded another by abuse of confidence or by means of deceit
2. Damage or prejudice capable of pecuniary estimation is caused to the offended party
*estafa is a continuing offense

BP 22 or the bounching check law

1. Making or drawing a check knowing at the time of issue that he does not have
sufficient funds, and such is subsequently dishonored; or
2. Failing to keep sufficient funds (within 90 days from date in check) to cover the full
amount of the check and such is subsequently dishonored
***but the 90 days is not reasonable amount of time, current standard is 180 days.
***what constitutes a BP 22 violation is the failure to make good the check within 5
banking days from the receipt of the notice of dishonor and demand of payment.
***check difference between estafa and BP 22 in page 255

Punishable acts that constitute Other Deceits

1. Defrauding or damaging another by any other deceits not mentioned in the
preceding articles
2. Interpreting dreams, making forecasts, telling fortunes, taking advantage of the
credulity of the public in any other manner, for profit or gain.

Elements of Removal of mortgaged property

1. Personal property is mortgaged under the chattel mortgage law
2. Offender knows that the property is mortgaged
3. He removes it to any province or city other than the one in which it was located at
the time of execution of the mortgage
4. Removal is permanent
5. No written consent of mortgagees, executors, or administrators
*there must be intent to defraud

Elements of Sale or Pledged or Mortgaged property already pledged

1. Personal property is already pledged
2. Mortgagor sells, pledges, or mortgages the same property
3. No consent of mortgagee written in the back of the mortgage and noted on the
record of the registry of deeds

Elements of Simple Arson

1. there is intentional burning; and
2. what is intentionally burned any of the following:
a. any building used as offices of the government or any of its agencies;
b. any inhabited house or dwelling;
c. any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
d. any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest;
e. any rice mill, sugar mill, cane mill or mill central; and
f. any railway or bus station, airport, wharf or warehouse.

There is destructive arson when:

 1. it is committed by 2 or more persons, regardless of their purpose is to burn or
destroy the building or it merely constitutes an overt act in the violation of another
law.
2. Any person shall burn any arsenal, shipyard, storehouse, military power or fireworks
factory, or general museum of the government or factory with explosive or
inflammable materials

*** If death occurs:

1. If the main objective is to burn a building, then the crime is arson, the murder or
homicide is absorbed
2. If main objective was to kill and fire is the means, it is murder only
3. If the objective was to kill and after killing, fire is used to cover up the killing, 2
separate crimes of homicide/murder and arson

Elements of Malicious Mischief - IIII

1. Offender deliberately caused damage to the property of another
2. Such act does not constitute arson or other crimes
3. The act of damaging another’s property is committed merely for the sale of
damaging it.
*no crime of malicious mischief via reckless imprudence or thru violence

Qualified malicious mischief

1. Causing damage to obstruct the performance of public function
2. Using poisonous or corrosive substance
3. Causing damage to the property of the national museum
4. Spreading any infection or contagion among the cattle.

***Relationship is exempting in the crimes of:

1. Theft
2. Estafa
3. Malicious mischief
*there is no criminal liability but only civil liability
*the spouse, ascendants, descendants, brothers and sisters (and bros and sis in law if living
together), stepfather, adopted father, natural children, paramour
*no exemption if complexed with another crime and it does not apply to strangers

CRIMES AGAINST CHASTITY

The following crimes cannot be prosecuted de officio, they can only be prosecuted
at the instance of the offended party: ACASA
1. Adultery
2. Concubinage
3. Acts of lasciviousness
4. Abduction
5. Seduction

Elements of Adultery:
1. That the woman is legally married

 2. She has sexual intercourse with a man not her husband
3. As regards to the man, he knows her to be married (otherwise, the man cannot be
guilty of adultery)
*adultery can be pardoned or consented, both bars criminal prosecution

*The pardon must be:

1. to both offenders and
2. made before the institution of the criminal prosecution

Elements of Concubinage – IIII

1. a man is married
2. he committed any of the following:
a. keeping a mistress in the conjugal dwelling
b. having sexual intercourse under scandalous circumstances with a woman not his
wife
c. cohabiting with her in any other place
3. as regards the woman, she must know that he is married (otherwise, the woman is
not guilty of concubinage)

Elements of Acts of Lasciviousness:

1. offender commits any act of lasciviousness or lewdness
2. it is committed against a person of either sex
3. the acts are done under any of the circumstances of rape:
a. by using force or intimidation
b. when the offended party is deprived of reason or unconscious
c. by fraudulent machination or grave abuse of authority
d. offended party is under 12 years old or is demented.

*if the circumstances of rape are absent, then it is unjust vexation.

*if the offender did have intention to lie with the woman, then the crime is attempted rape.

*no attempted or frustrated acts of lasciviousness

2 types of Qualified Seduction

1. Seduction of a virgin over 12 years and under 18 years of age by persons who abuse
their authority or the confidence reposted in them
2. Seduction of a sister by a brother, or descendant by an ascendant, regardless of age
and reputation (not needed to be a virgin and a minor if incest)

Elements of qualified seduction:

1. Offended party is a virgin (not needed when incest)
2. She is over 12 and under 18 years of age (not needed when incest)
3. Offender has sexual intercourse with her
4. There is abuse of authority, confidence, or relationship on the part of the offender.
*virgin refers to a woman of chaste character or a woman of good reputation. Virginity does
not refer to physical virginity.

***Virginity is also presumed if a woman is unmarried and of good reputation.

***lack of consent is not an element, hence, even if she gave consent, qualified seduction
can still be charged.

Elements of Simple Seduction – enticing a woman to have sex by promise of marriage or

other means of persuasion without force
1. Offended party is over 12 but under 18
2. She must be of good reputation, single or widow
3. Offender has sexual intercourse with her
4. It was committed by means of DECEIT.
*In simple seduction, victim need not be a virgin.
***the main difference in qualified and simple seduction is that: in QS, there is abuse of
authority, confidence, or relationship, while in SS, there is deceit.

***if the elements of QS or SS exists but no sexual intercourse occurred, it can be acts of
lasciviousness with the consent of the offended party.

Abduction – the taking away of a woman from her house or the place where she may be
for the purpose of carrying her to another place with intent to marry or corrupt her

Elements of Forcible Abduction – II

1. Abduction is with lewd design
2. Person abducted is a woman, regardless of age, civil status, or reputation
3. Abduction is against her will

*forcible abduction is a continuing crime.

*sexual intercourse is not necessary in forcible abduction, as long as there was intent to
seduce the girl.
*virginity is not essential in forcible abduction, only in consented abduction.
*if she took her to rape her, then the crime is forcible abduction with rape.

Elements of Consented Abduction

1. Offended party must be a virgin
2. She must be over 12 but under 18 years of age
3. Taking away must be with lewd designs
4. Taking away must be with her consent, after solicitation or cajolery

Age and reputation is immaterial for:

1. Acts of lasciviousness against the will of the offended party or against a sister or
descendant
2. Qualified seduction of sister or descendant
3. Forcible abduction

CRIMES AGAINST CIVIL STATUS

Usurpation of Civil Status –is committed by assuming the filiation or the parental or
conjugal rights of another, with intent to enjoy the rights arising from the civil status of the
latter.

*qualified if purpose is to defraud

*it is absolutely necessary that the intent of the offender is to enjoy the rights arising from
the civil status of the person impersonated. Otherwise, the case will only be using a
fictitious name or estafa.

Elements of Bigamy – III

1. Offender is legally married
2. Marriage has not been dissolved or if absent, has not been presumed dead
3. Offender contracts a subsequent marriage
4. The subsequent marriage has all the essential requisites for validity.
*a person convicted of bigamy can still be charged with concubinage
*the nullity of the first or second marriage is not a defense in the prosecution for bigamy
*there is no pardon in bigamy
*bigamy can be prosecuted at the instance of the state.

Elements of Illegal Marriage – III

1. Offender contracted marriage
2. He knew at the time that the requirements of the law were not complied with or
marriage was in disregard of a legal impediment
***offender must not be guilty of bigamy

Performance of Illegal Marriage ceremony – a priest or minister of any religious

denomination or sect, or civil authorities who shall perform or authorize any illegal marriage
ceremony.

CRIMES AGAINST HONOR

Elements of Libel – II
1. there must be an imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, status or circumstances;
2. publicly;
3. and maliciously;
4. directed to a natural or juridical person, or one who is dead;
5. which tends to cause dishonour, discredit or contempt of the person defamed. Oral
defamation may either be simple or grave. It becomes grave when it is of a serious
and insulting nature.

***the meaning of the writer is immaterial. The question is not what the writer meant, but
what he conveyed to those who heard or read it.

*** There as a many crimes of libel as there are persons directly addressed with such
statements.

***if made in general terms without any particular person being directed, then there is no
victim identified, thus, no libel. HOWEVER, if such statement is so sweeping or all-
embracing as to apply to everyone in that group, and each person can prove that the
statement is specifically pointed to him, he can bring a separate action.

***every defamatory imputation is presumed to be malicious, even if true. However, if the
imputation pertains to a crime and is published with good intention or justifiable motive OR
if the offended party is a government employee and the imputation pertains to the
discharge of his duties (no need for justifiable end or good motives if govt. employee), he
shall be acquitted.

MALICE is not presumed in the following privileged communications:

1. Private communication made by any persn to another in the performance of any
legal, moral, or social duty
2. A fair and true report, made in good faith, without any comments or remarks, of any
judicial, legislative, or other official proceedings which are not of confidential nature
or of any statement, report, or speech delivered in said proceedings, or of any other
act performed by public officers in the exercise of their functions.

Elements of Prohibited Publication of Acts Referred to in the Course of Official

Proceedings
1. Offender is a reporter, editor, or manager of a newspaper, daily or magazine;
2. He publishes facts connected with the private life of another
3. Such facts are offensive to the honor, virtue, and reputation of said person.

**this is referred to as the “gag law”

***A report on official proceedings is allowed but publication of cases relating to adultery,
divorce, legitimacy of children, etc, is prohibited.

Oral Defamation or Slander is libel committed by oral (spoken) means, instead of in

writing. It is defined as "the speaking of base and defamatory words which tend to prejudice
another in his reputation, office, trade, business or means of livelihood."

Elements of oral defamation (the same with libel but made orally)
6. there must be an imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, status or circumstances;
7. made orally;
8. publicly;
9. and maliciously;
10. directed to a natural or juridical person, or one who is dead;
11. which tends to cause dishonour, discredit or contempt of the person defamed. Oral
defamation may either be simple or grave.

***It becomes grave when it is of a serious and insulting nature.

***slander need not be heard by the offended party

Persons that are responsible for libel:

1. editor or business manager of a daily newspaper or magazine or serial publication
2. author or editor of a book or pamphlet
3. person who publishes, exhibits, or causes the publication or exhibition of any
defamation
4. owner of the printing plant which publishes the libelous article with his consent and
all other persons who participated in the publication.

CRIMINAL NEGLIGENCE
Reckless Imprudence resulting to Homicide – II
Reckless Imprudence resulting to Arson
Reckless Imprudence resulting to Damage to Property

Reckless imprudence - Reckless imprudence, as defined in Article 365 of the RPC, consists
in voluntarily, but without malice, doing or failing to do an act from which material damage
results by reason of inexcusable lack of precaution on the part of the person performing or
failing to perform such act, taking into consideration his employment or occupation, degree
of intelligence, physical condition and other circumstances regarding persons, time and
place.

Elements of reckless imprudence:

1. Offender does or fails to do an act
2. Doing or failure to do said act is voluntary
3. Made without malice
4. Material damage resulted
5. There is inexcusable lack of precaution taking into account:
a. Employment or occupation
b. Degree of intelligence, physical condition, and
c. Other circumstances regarding persons, time, and place

***The material damage suffered, the failure in precaution, and the direct link between the
material damage and the failure in precaution must be established beyond reasonable
doubt, otherwise, Reckless Imprudence will not prosper.

Simple Imprudence – lack of precaution displayed in those cases in which the damage
impending to be cause is not immediate nor the danger clearly manifest.

Elements of Simple Imprudence:

1. There is a lack of precaution on the part of the offender; and
2. Damage impending to be caused is not immediate nor the danger clearly manifest.

***The defense of contributory negligence does not apply in criminal cases through reckless
imprudence except if the doctrine of last clear chance can apply.

Emergency rule – a person is not guilty of negligence if he makes a choice which a person
placed in such a position might make even though he did not make the wisest choice.

***a violation of art 365 cannot absorb violations of SPL.