Philippine Revised Penal Code Book 2 - Midterm Reviewer

CRIMINAL LAW II MIDTERM REVIEWER

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security. 1. Treason (114) 2. Conspiracy and proposal to commit treason (115) 3. Misprision of treason (116) 4. Espionage (117) Crimes against the law of nations. 1. Inciting to war or giving motives for reprisals (118) 2. Violation of neutrality (119) 3. Correspondence with hostile country (120) 4. Flight to enemy’s country (121) 5. Piracy in general and mutiny on the high seas or in Philippine waters (122) 114. TREASON Elements: 1. Offender – Filipino citizen or alien residing in the Philippines 2. There is a war – Philippine is involved (not civil war) 3. Offender – (a) levies war against the government (declare war) or (b) adheres to the enemies giving them aid or comfort. Treason – breach of allegiance to the government committed by a person who owes allegiance to it. Allegiance – the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. ** Treason cannot be committed in time of peace – while there is peace, there are no traitors. Treason is a war crime, it is punished by the state as a measure of self-defense and self-preservation. “Levies war” – actual assembling of men for the purpose of executing a treasonable design by force. It is not necessary that there be a formal declaration of the existence of a state of war. The war must be directed against the government: organized to overthrow and destroy the established government. Mere public uprising to inflict an act of hate or revenge upon the persons of public officers does not constitute treason because it is not directed against the government. The levying of war must be in collaboration with a FOREIGN COUNTRY.

© Hanna Magkasi 2007

January 2007

** Adherence and giving aid or comfort to the enemy must CONCUR TOGETHER. ** The aid and comfort must be given to the enemy by some kind of action – it must be a deed or physical activity, not merely a mental operation. It must be to render assistance to them as enemies and in furtherance of the enemies’ hostile designs. **Murder and physical injuries were inherent in the crime of treason characterized by the giving of aid and comfort to the enemy. These crimes cannot be complexed with treason.

** Treason by Filipino citizen can be committed outside of the Philippines, but treason by an alien must be committed IN THE PHILIPPINES. ** Treason is a continuous offense – may be committees by one single act, series of acts, several series thereof, and different times. Ways of proving treason: 1. Testimony of two witnesses to the same overt act, or 2. Confession of the accused in open court Two-witness rule: The testimony of two witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. Each of the witnesses must testify to the whole overt act, or if separable, there must be two witnesses to each part of the overt act. ** The defense of duress, lawful obedience to a de facto government is a good defense in treason. 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON ** Conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. ** Proposal to commit treason is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons. ** Reason: in treason, the very existence of the state is ENDANGERED. page 1


** The two-witness rule does not apply to conspiracy or proposal to commit treason. 116. MISPRISION OF TREASON (keeping it to himself, silence) Elements: 1. Offender – owing allegiance to the government and NOT a foreigner 2. Offender – has knowledge of any conspiracy to commit treason against the government 3. Offender – conceals or does not disclose and make known the same as soon as possible to the (a) governor or fiscal of the province or (b) to the mayor or fiscal of the city WHICH HE RESIDES. ** Cannot be committed by a resident alien ** Does not apply when treason is already committed by someone and the accused does not report its commission to the proper authority – knowledge of CONSPIRACY ** His penalty is like the penalty for an accessory, still he is in the state of being the principal.

117. ESPIONAGE (spy) Two ways of committing: A. “Entering” Elements: 1. Offender – enters a Warship, Fort, Naval or Military establishment or reservation 2. He has no authority to do so 3. Purpose – to obtain Information, Plans, Photographs or other data of a confidential nature relative to the defense of the Philippines B. “Disclosing” 1. Offender – public officer 2. He has in his possession the said articles, data or information by reason of the public office he holds 3. He discloses their contents to a representative of a foreign nation. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL Elements: 1. Offender – performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to © Hanna Magkasi 2007

January 2007

involve the Philippines or expose Filipino citizens to reprisal on their persons or property ** The intention of the offender is immaterial – the law considers the effects produced by the act of the accused. Such acts might disturb the friendly relation that we have with a foreign country, and that are penalized even if they constitute a mere imprudence. ** Committed in time of peace 119. VIOLATION OF NEUTRALITY Elements: 1. There is war in which the Philippines is NOT INVOLVED 2. There us a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender – violates such regulation ** A nation or power which takes no part in a contest of arms going on between others is referred to as neutral. 120. CORRESPONDENCE WITH HOSTILE COUNTRY Elements: In time of war in which the Philippines is involved 1. Offender – makes correspondence with an enemy country or territory occupied by enemy troops 2. The correspondence is either – a. Prohibited by the government b. Carried on ciphers or conventional signs, or c. Containing notice or information which might be useful to the enemy Correspondence – communication by means of letters 121. FLIGHT TO ENEMY’S COUNTRY Elements: 1. There is a war in which the Philippines is involved 2. Offender – owes allegiance to the Philippine government 3. Offender – attempts to flee or go to enemy’s country 4. Going to the enemy’s country is prohibited by competent authority (government) ** Mere attempt to enemy’s country consummates the crime. page 2

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

** If fleeing or going to an enemy country is not prohibited by competent authority, the crime is not committed. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGHT SEAS Elements: 1. A vessel is on the high seas or in Philippine waters 2. Offenders – not members of its complement or passengers of vessels 3. Offenders – (a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers. Piracy – robbery or forcible depredation on the high seas without lawful authority and done with intent to steal. Piracy vs. robbery on the high seas: there is violence against or intimidation of persons or force upon things in taking the property in the vessel -Robbery – offender is a member of the complement or a passenger of the vessel; Piracy – offender is NOT a passenger or a member of the complement of the vessel. Mutiny – usually committed by the other members of the complement and may be committed by the passengers of the vessel. It is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander. Piracy Persons who attacks the vessel or seize its cargo are STRANGERS to said vessel Intent to steal is essential

Mutiny They are members of the crew or passengers Intent to ignore the ship’s officers or they may be prompted by a desire to commit plunder

123. QUALIFIED PIRACY There should be piracy or mutiny in the high seas. This will be qualified if any of the following circumstances is present: 1. Whenever the pirates have seized the vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves; or 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. ** This is a special complex crime punishable by reclusion perpetua regardless of the number of victims. ** Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice.

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. Arbitrary detention (124) 2. Delay in the delivery of detained persons to the proper judicial authorities (125) 3. Delaying release (126) 4. Expulsion (127) 5. Violation of domicile (128) 6. Search warrants maliciously obtained and abuse in the service of those legally obtained (129) 7. Searching domicile without witness (130) 8. Prohibition, interruption, and dissolution of peaceful meetings (131) 9. Interruption of religious worship (132) 10.Offending of religious feelings (133) 124. ARBITRARY DETENTION Elements: 1. Offender – public officer or employee 2. Offender – detains a person 3. Detention – without legal grounds ** Public officers liable – must be vested with authority to detain or order the detention of persons accused of a crime; i.e. policemen, judges, mayor. ** There is detention when he is placed in a confinement or there is a restraint on his person – even if hr could move freely, as long as he could not escape for fear of being apprehended again. Legal grounds for the detention of a person:


page 3


1. Commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital. ** Arrest without warrant us the usual cause of arbitrary detention.

Warrantless arrest: 1. When in the presence of a peace officer or a private person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it; 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. ** It can be committed thru imprudence. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES Elements: 1. Offender – public officer or employee 2. Offender – detained a person for some legal grounds 3. Offender – fails to deliver person to proper judicial authorities within: 12 hours – offenses of light penalty 18 hours – offenses of correctional penalty 36 hours – offenses of afflictive or capital penalty ** Applies only to legal warrantless arrest – if the arrest was made with warrant, the person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for temporary release. ** Reason for provision – it is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. © Hanna Magkasi 2007

January 2007

126. DELAYING RELEASE Elements: 1. Offender – public officer or employee 2. There is a – (a) judicial/executive order for prisoner’s release (b) proceeding upon a petition for prisoner’s liberation 3. Offender, without good reason, delays – (a) service of the notice of such order to the prisoner (b) performance of such J/E order for release (c) proceedings upon a petition of a petitioner’s liberation (writ of habeas corpus) ** Wardens and jailers are the public officers most likely to violate article 126. 127. EXPULSION Elements: 1. Offender – public officer or employee 2. Offender – expels any person from the Philippines or compels a person to change residence 3. Offender – not authorized by law to do so. ** Only the court by a final judgment can order a person to change his residence. This can be by ejectment proceedings, expropriation proceedings, and the penalty of destierro. 128. VIOLATION OF DOMICILE Elements: 1. Offender – public officer or employee 2. Offender – not authorized by judicial order to enter the dwelling and/or to make a search therein for papers and other effects 3. Does any of the following acts: a. entered a dwelling against the will of the owner thereof; b. searched papers or other effects found therein without previous consent of such owner; c. refused to leave the premises after having surreptitiously (secretly) entered said dwelling and having been required to leave the same. ** Against the will of the owner – - there should be OPPOSITION or PROHIBITION, expressed or implied - no crime committed if entrance is merely without consent of the owner. page 4


** Qualifying circumstances: 1. nighttime 2. papers/effects not constituting evidence of a crime are not returned immediately after the search made by the offender 129. SEARCH WARRANTS MALICIOUSLY OBTAINES AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Procuring a search warrant without just cause Elements: 1. Offender – public officer or employee 2. Offender – procures a search warrant 3. There is no just cause Properties to be seized: 1. Subject of the offense 2. Stolen or embezzled and other proceeds or fruits of the offense 3. Used or intended to be used as the means of committing an offense Requisites for issuing search warrant: 1. Probable cause – connected with one specific offense, determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce 2. Particularly describing the place to be searched or the person of place to be seized, which may be anywhere in the Philippines ** A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.

January 2007

2. He has legally procured a search warrant 3. He exceeds his authority or uses unnecessary severity in using the same. 130. SEARCHING DOMICILE WITHOUT WITNESSES Elements: 1. Offender – public officer or employee 2. Offender – armed with search warrant legally procured 3. Offender – searches the domicile, papers or other belongings of any person 4. Owner or any member of his family or two witnesses residing in the same locality are not present 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS Elements: 1. Offender – public officer or employee 2. Commits any of the following: a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same; b. Hindering any person from joining any lawful association or from attending any of its meetings; c. 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. ** Clear and present danger – to justify suppression of free speech, there must be reasonable ground to believe that the danger apprehended is IMMINENT and that the evil to be prevented is a serious one. ** The offender should be a stranger, and not a participant of the peaceful meeting.

Probable cause – facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed, and that the object sought in connection with the offense are in the place sought to be searched. ** Peace officers may enter the house of an offender who committed an offense in their presence. Exceeding authority or using unnecessary severity in executing a search warrant legally procured Elements: 1. Offender – public officer or employee © Hanna Magkasi 2007

132. INTERRUPTION OF RELIGIOUS WORSHIP Elements: 1. Offender – public officer or employee 2. Religious ceremonies or manifestations of any religion are about to take place or going on 3. Offender – prevents or disturbs the same ** Religious acts performed anywhere ** Qualified if committed with violence or threats

page 5

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

133. OFFENDING OF RELIGIOUS FEELINGS Elements: 1. Offender – anyone 2. Act complained is performed – (a) in a place devoted to religious worship, or (b) during the celebration of any religious ceremony 3. Act must be notoriously offensive to the feelings of the faithful ** There must be deliberate intent to hurt the feelings of the faithful ** Offense to feelings is judged from the complainant’s point-of-view

constitutional commission, its committees, etc. (150) 17.Resistance and disobedience to a person in authority or the agents of such person (151) 18.Tumults and other disturbances of public order (153) 19.Unlawful use of means of publication and unlawful utterances (154) 20.Alarms and scandals (155) 21.Delivering prisoners from jails (156) 22.Evasion of service of sentence (157) 23.Evasion on occasion of disorders (158) 24.Violation of conditional pardon (159) 25.Commission of another crime during service of penalty imposed for another previous offense (160)

VIOLATIONS IN CONSTITUTION: 1. Arts. 124, 125, and 126 - Sec. 1, Art. 3: Right to liberty 2. Art. 127 - Sec. 6, Art. 3: Liberty of abode 3. Arts. 128, 129, and 130 - Sec. 2, Art. 3: Right against unreasonable searches and seizures 4. Art. 131 - Sec. 4, Art. 3: Freedom of speech, expression, and press, assembly and redress of grievances 5. Arts. 132 and 133 - Sec. 5, Art. 3: Freedom of religion

134. REBELLION OR INSURRECTION Elements: 1. There is (a) public uprising and (b) taking arms against the government. 2. Purpose of uprising or movement: a. to remove from the allegiance to said government or its laws – (1) the territory of the Philippines or any part thereof; or (2) any body of land, naval or armed forces; or b. to deprive the Chief Executive or Congress, wholly or partially of any of their powers or prerogatives.

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

Rebellion – its object is completely to overthrow and supersede the existing government.

1. Rebellion or insurrection (134) 2. Coup d’etat (134-A) 3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection (136) 4. Disloyalty of public officers or employees (137) 5. Inciting to rebellion (138) 6. Sedition(139) 7. Conspiracy to commit sedition (141) 8. Inciting to sedition (142) 9. Acts tending to prevent the meeting of Congress and similar bodies (143) 10.Disturbance of proceedings of Congress or similar bodies (144) 11.Violation of parliamentary immunity (145) 12.Illegal assemblies (146) 13.Illegal association (147) 14.Direct assaults (148) 15.Indirect assaults (149) 16.Disobedience to summons issued by Congress, its committees, etc., by the © Hanna Magkasi 2007

Insurrection – a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to a particular matter or subject. ** Purpose of the uprising must be shown. ** It is not necessary that the purpose of the rebellion be accomplished – if they are successful, they get to hold the government; they will not sue their own selves. Treason Levying of war against the government, performed to aid the enemy;

Rebellion Levying of war against the government for reasons: remove from allegiance to government and deprive president and congress of any of their powers; page 6

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

May be committed by mere adherence to adherence to the enemy giving him aid or comfort; Can be committed by an individual; Crime against national security

Always involves taking up arms (uprising) against the government; Multitude/ crime of masses. Crime against public order

134-A. COUP D’ETAT Elements: 1. Offender – person/s belonging to the military or police holding any public office or employment; 2. Committed – swift attack accompanied by violence, intimidation, threat, strategy or stealth; 3. Attack – directed against duly constituted authorities of the Philippines or any military camp or installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power; 4. Purpose of attack – to seize/diminish state power

Persons liable for rebellion, insurrection, and coup d’etat Leaders 1. Any person who promotes, maintains, or heads a rebellion or insurrection; 2. Any person who leads, directs or commands others to undertake a coup d’etat. Participants 1. Any person who participates or executes the commands of others in a rebellion or insurrection; 2. Any person IN THE GOVERNMENT who participates or executes the commands of others in a coup d’etat; 3. Any person NOT in the government service who participates, supports, finances, abets, or aids in undertaking a coup d’etat. ** Mere silence or omission is not punishable in rebellion. ** No complex crime of rebellion – Hernandez Ruling - Other crimes committed as a means to, or, in furtherance of rebellion are absorbed in the crime. © Hanna Magkasi 2007

-

If other crimes were committed for private purpose/profit, without any political motivation, would be separately punished and would not be absorbed in rebellion.

136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, REBELLION OR INSURRECTION ** There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against the government for any purpose of rebellion and decide to commit it. ** There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes it execution to some other person or persons. 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES Elements: 1. Offender – public officer or employee 2. Offender – must not be in conspiracy with the rebels 3. Does any of the following acts: a. Failing to resist rebellion by al the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them. There should be the existence of rebellion by OTHER PERSONS

138. INCITING TO REBELLION OR INSURRECTION Elements: 1. Offender – does not take arms or is not in open hostility against the government; 2. Offender – incites others to rise publicly and take arms against the government for the purposes of rebellion 3. Done by means of speeches, proclamations, writings, emblems, banners, or other representations tending to the same end. page 7

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

Inciting to rebellion Not required that the offender has decided to commit rebellion; The act of inciting is done PUBLICLY;

Proposal to commit rebellion The person who proposes has decided to commit rebellion; The person who proposes the execution of the crime uses SECRET MEANS.

139. SEDITION Elements: 1. Offenders – rise publicly and tumultuously; 2. Offenders – employ Force, Intimidation, or other means outside of legal methods; 3. Objects: a. To prevent the promulgation or execution of any law of the holding of any popular election; b. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; c. To inflict any act of hate or revenge upon the person or property of any public officer or employee; d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 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 Public uprising – tumultuous Purpose may be political or social Common crimes not absorbed Proposal is not punished Objects – raising of commotions or disturbances in the state; (5 objects of sedition)


Rebellion Taking up of arms against the government Purpose is always political Common crimes are absorbed Proposal is punished Objects: purpose of taking arms against government; (remove from allegiance and deprive exec. and legis. of freely

Offended party – government, public officers or employees, private persons and social class

exercising their powers) Offended party – state as a whole

141. CONSPIRACY TO COMMIT SEDITION ** There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. ** Proposal to commit sedition is not punishable. 142. INCITING TO SEDITION Elements: 1. Offender – does not take direct part in the crime of sedition 2. Offender – incites others to the accomplishment of any of the acts which constitute sedition 3. By means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end a. or utter seditious words or speeches, write, publish or circulate scurrilous libels against the government of the Philippines, or any of the duly constituted authorities thereof; b. or which tend to disturb or obstruct any lawful officer in executing the functions of his office; c. or which tend to instigate others to cabal and meet together for unlawful purposes d. or which suggest or incite rebellious conspiracies or riots; e. or which lead or tend to stir up the people against unlawful authorities or to disturb the peace of the community, safety and order of the government; f. or who shall knowingly conceal such evil practices. ** It is not necessary that the words used should in fact result in a rising of people against the constituted authorities. Its purpose is to punish utterances which may endanger public order. Scurrilous – low, vulgar, mean, or foul. Two rules relative to seditious words:

page 8


1. The clear and present danger rule a. danger of a public uprising – danger should be clear and imminent b. there must be reasonable ground to believe that the danger apprehended is imminent, and the evil sought to be prevented is a serious one. – probability of serious injury 2. The dangerous tendency rule a. words used tend to create a danger of public uprising; b. when the words uttered or published could easily produce dissatisfaction among the people and a state of feeling in them incompatible with a disposition to remain loyal to the government and obedient to laws

143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES Elements: 1. There is a projected or actual meeting of congress or any of its committees, constitutional commission, committees, or division, or any provincial board, city, municipality, council or board; 2. Offender – any person that prevents the meeting by force or fraud. 144. DISTURBANCE OF PROCEEDINGS Elements: 1. Meeting – congress or any of its committees, subcommittees, divisions, provincial board, or city/municipal council or board 2. Does: a. disturbs any of such meetings b. behaves in such a manner as to interrupt its proceedings or to impair respect due it. ** The complaint for disturbance of proceedings may be filed by a member of a legislative body. ** One who disturbs the proceedings of the congress may also be punished for contempt by the assembly.


January 2007

145. VIOLATION OF PARLIAMENTARY IMMUNITY Using force, intimidation, threats, or frauds Elements: 1. Offender – uses force, intimidation, threats, fraud 2. Purpose – prevent any member of the congress to: a. attend the meeting of the congress or any of its committees or constitutional commissions; b. express his opinions; c. cast his vote. Arresting or searching any member while in session Elements: 1. Offender – public officer or employee 2. Offender – arrests or searches any member of the congress 3. Congress is in regular or special session at the time of arrest or search 4. Congressman arrested or searched has not committed any crime punishable under RPC by a penalty of prision mayor (6y, 1d – 12y) or higher ** Parliamentary immunity does not protect members of the Congress from responsibility before the legislative body itself. 146. ILLEGAL ASSEMBLIES Meeting attended by armed persons – any crimes under RPC Elements: 1. Gathering of persons – fixed place or moving 2. Attended by armed persons 3. Purpose – commit any crime under RPC ** The persons present at the meeting must be armed – NOT ALL persons must be armed. ** The unarmed person merely present at the meeting is liable. Armed/not – treason, rebellion, insurrection, sedition, or direct assault Elements: 1. Meeting or gathering of persons 2. Audience, armed or not, incited to commit treason, rebellion, insurrection, sedition, or direct assault ** Audience is actually incited. - Persons liable are the organizers or leaders of, and persons merely present at the meeting; - Incited to commit rebellion or sedition – (a) illegal assembly as regards the organizers or leaders page 9

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

and persons merely present, and (b) inciting to sedition insofar as the once inciting is concerned. ** The persons merely present at the meeting must have a common intent to commit the felony of illegal assembly. The absence of such intent may exempt the person present from criminal liability. ** Unlicensed firearm – presumed for the purpose of the meeting; he is considered a leader or organizer of the meeting. ** Illegal possession of firearms – absorbed; if acquitted, separate crime of illegal possession of firearms. 147. ILLEGAL ASSOCIATIONS They are: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under RPC. 2. Associations totally or partially organized for some purpose contrary to public morals. Persons liable: 1. Founders, directors, and president of the association; 2. Mere members of the association. Illegal Assembly Actual meeting or assembly is necessary; Meeting and attendance at such meeting are punished; Organizers, leaders, persons present at the meeting – LIABLE

Illegal Association Actual meeting is NOT necessary; The act of forming or organizing and membership in the association that are punished; Founders, directors, president, and members - LIABLE

148. DIRECT ASSULTS Force or intimidation Elements: 1. Offender – employs force or intimidation 2. Aim – attain any of the purposes of REBELLION and SEDITION 3. No public uprising

Makes attack, employs force, serious intimidation, serious resistance Elements: 1. Offender – makes attack, employs force, makes serious intimidation, serious resistance 2. Victim – person in authority or his agent 3. Offender knows victim is a person in authority 4. Victim: (a) engaged in actual performance of duty, or (b) by reason of past performance of duty 5. No public uprising Attack – includes offensive or antagonistic movement or action of any kind. Force – must be of serious character as to indicate determination to defy the law and its representative at all hazards. ** The force employed need not be serious when the offended party is a person in authority. ** The intimidation or resistance must be serious whether the offended party is an agent only or he is the person in authority. ** When a person in authority or his agent is the one who provokes and attacks another person, the latter is entitled to defend himself and cannot be held liable for assault or resistance not for physical injuries, because he acts in legitimate defense. ** When a person in authority or his agent exceeds his power or acts without authority, it is not the exercise of the functions of his office. When he makes unnecessary use of force or violence and goes beyond the limits of his power, he acts as a private person. ** There can be no assault upon or disobedience to one authority by another when they both contend in the exercise for their respective duties. (The crime committed may be physical injuries only). ** The accused must have the knowledge that the offended party was a person in authority (or agent) in the exercise of his duties, because the accused must have the intention to offend, injure or assault the offended party as a person in authority or agent of such person. ** The defendant must have the intention to defy the authorities. Qualified assault: 1. committed with a weapon;


page 10


2. offender is a public officer or employee; 3. offender lays hands upon a person in authority.

149. INDIRECT ASSAULT Elements: 1. Person in authority or his agent is the victim of any if the forms of direct assault; 2. Another person comes to the aid of such authority or his agent; 3. The offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. ** Indirect assault is committed only when direct assault is also committed. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR HIS AGENTS Resistance and serious disobedience Elements: 1. Person in authority or his agents – engaged in the performance of official duty or gives a lawful order to the offender (direct order) 2. Offender – resists or seriously disobeys him 3. Act of offender is not included in articles 148, 149, 150 ** A person cannot be guilty of disobedience to an order which is not addressed to him. ** The accused must have knowledge that the person arresting him is a peace officer. Simple disobedience 1. Person in authority or his agents – engaged in the performance of official duty or gives a lawful order to the offender 2. Offender – disobeys 3. Disobedience is not of serious nature. ** The order must be lawful – otherwise, the resistance is justified. ART. 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY

January 2007

In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. ** Directly vested with jurisdiction – power and authority to govern and execute laws. 153. TUMULTS AND DISTURBANCES They are: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing performances, functions or gatherings or peaceful meetings, if the act is not included in arts. 131 and 132; 3. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed. ** Offender – a participant in the meeting. ** Serious disturbance must be planned or intended. Outcry – to shout subversive or provocative words tending to stir up the people to obtain


page 11


January 2007

by means of force or violence any of the objects of rebellion or sedition; more or less unconscious outburst which is not intentionally calculated to induce others to commit rebellion or sedition.

custody or charge, he is liable for infidelity in the custody of a prisoner (223).

155. ALARMS AND SCANDALS Punished: 1. Discharging any firearm, rocket, firecracker, or other explosive calculated to cause alarm or danger; 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided art. 153 is not applicable.

** A person delivering a prisoner from jail may be held liable as accessory (treason, murder, or parricide cases only)

** It is the result that counts, and not the intent.

** If the convict escapes without commencing to serve the sentence or without expressly waiving in writing his right to appeal, or he is a detention prisoner or minor delinquent who escapes from confinement – offender is not liable for evasion of service of sentence.

** Anywhere, as long as discharge of firearm, rocket, etc. produced alarm or danger. Charivari – sounds designed to annoy and insult. 156. DELIVERING PRISONERS FROM JAIL Elements: 1. Person confined in a jail or penal establishment; 2. Offender removes or helps escape by means of – a. violence intimidation, or bribery; b. taking the guards by surprise, if the escape of the prisoner shall take place outside the said establishment. ** Violence, intimidation and bribery – qualifying circumstances ** Mere detention prisoners included. Hospital or asylum considered extension of jail or prison. ** Offender is usually an outsider. An employee of the penal establishment who helps the escape of a person confined therein may also be punished, provided that he does not have the custody or charge of such person. It may also be a prisoner helping another prisoner. – If the offender is a public officer who had the prisoner in his


** By other means – substituting an prisoner by taking his place in jail is an example.

** If the prisoner removed is a detention prisoner, such prisoner is not criminally liable. He can only be liable for evasion of service of sentence is he is a convict by final judgment. 157. EVASION OF SERVICE OF SENTENCE Elements: 1. Offender – convict by a final judgment 2. Offender – serving his sentence which consists of deprivation of liberty 3. Offender – evades service of sentence by ESCAPING the term of his sentence

Qualifying circumstances: 1. Unlawful entry (climbing the wall) 2. Breaking doors, windows, gates, walls, roofs, or floors 3. Using picklocks, false keys, disguise, deceit, violence or intimidation 4. Connivance with other convicts or employees of the penal institution 158. EVASION OF SERVICE DURING DISORDERS Elements: 1. Offender – convict by final judgment, confined in a penal institution 2. Disorder – conflagration, earthquake, explosion, similar catastrophe, mutiny (he has not participated) 3. Offender – evades by leaving penal institution on the occasion of such disorder 4. Offender – fails to give himself up to authorities 48 hours following the issuance of the Chief Executive announcing the passing away of such calamity ** The offender must be a convict by final judgment, and must leave the penal institution.

page 12

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

** If the offender fails to surrender, he shall suffer an increase of 1/5 of the time still remaining to be served under the original sentence, NOT TO EXCEED 6 MONTHS. ** If the offender surrenders within 48 hours, he is entitled to 1/5 deduction of the period of his sentence. 160. QUASI-RECIDIVISM Elements: 1. Offender – already convicted by final judgment of one offense 2. Committed a new felony – (a) before the beginning to serve such sentence; or (b) while serving the same ** First offense need not be a felony (crime under RPC) ** New offense need not be of different character from that of the former offense. Recidivism Generic aggravating circumstance May be offset by a mitigating circumstance 2 offenses embraced in the same title/code Committed after serving the sentence

Quasi-Recidivism Special aggravating circumstance Cannot be offset by a mitigating circumstance 1st offense may be other violation; 2nd offense should be a felony Committed before beginning to serve or while serving the sentence

TTILE FOUR: CRIMES AGAINST PUBLIC INTEREST

1. Counterfeiting seal of the government, 2. 3. 4. 5. 6.

forging signature or stamp of the Chief Executive (161) Using forged signature or counterfeit seal or stamp (162) Making and importing and uttering false coins (163) Mutilation of coins, importation and uttering of mutilated coins (164) Selling of false or mutilated coins (165) Forging treasury or bank notes or other documents payable to the bearer, importing and uttering such false or forged notes and documents (166)


7. Counterfeiting, importing and uttering instruments not payable to the bearer (167) 8. Illegal possession and use of forged treasury or bank notes and other instruments of credit (168) 9. Falsification of legislative documents (170) 10.Falsification by public officer, employee or notary (171) 11.Falsification by private individuals and use of falsified documents (172) 12.Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages (173) 13.False medical certificates, certificates of merit or service (174) 14.Using false certificates (175) 15.Manufacturing and possession of instruments or implements for falsification (176) 16.Usurpation of authority and official functions (177) 17.Using fictitious name and concealing true name (178) 18.Illegal use of uniform or insignia (179) 19.False testimony against a defendant (180) 20.False testimony favorable to the defendant (181) 21.False testimony in civil cases (182) 22.Perjury (183) 23.Offering false testimony in evidence (184) FORGING – committed 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; to make false instrument intended to be passed for a genuine one. FALSIFICATION – committed by erasing, substituting, counterfeiting or altering by any means the figures, letters, words, or signs contained therein. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY, OR ECCLESIASTICAL MINISTER Elements: 1. Offender – public officer, employee, notary, or ecclesiastical minister; 2. Offender takes advantage of his official position; 3. Falsifies a document through any of the following: a. Counterfeiting or imitating a handwriting, signature, or rubric; page 13


b. Causing it to appear that persons participated in an act or proceeding when they did not in fact so participate; c. Attributing to person who participated in an act or proceeding statements other that those in fact made by them; d. Making untruthful statements in a narration of facts; e. Altering true dates; f. Making any alteration or intercalation in a genuine document which changes its meaning; g. Issuing in an authenticated form a document purporting to be a copy of and original document when no such original exists, or including in such copy statements in contrary to or different from that of the genuine original; and h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Ecclesiastical minister- commit any of the offenses enumerated, with respect to any record or document of such character that its falsification may affect the civil status of a person. COUNTERFEITING 1. Intent to imitate, or attempt to imitate 2. The genuine and the forged bear some resemblance to each other

MAKING UNTRUTHFUL STATEMENTS 1. Offender – makes in a document statements in a narration of facts; 2. Offender- has the LEGAL OBLIGATION to disclose the truth of the facts narrated by him; 3. Facts narrated are ABSOLUTELY FALSE; 4. Such act was made with the WRONGFUL INTENT OF INJURING A THIRD PERSON (for private documents only) ** There is a law requiring the disclosure of the truth. ** The person making false statements must be aware of the falsity of the facts narrated. © Hanna Magkasi 2007

January 2007

ALTERING TRUE DATES ** Date must be ESSENTIAL – the alteration of dates in a document must affect either the VERACITY of the document or the effects thereof. MAKING ALTERATION OR INTERCALATION Elements: 1. There is change or insertion on a document; 2. Made on a GENUINE document; 3. Such change or insertion changes the meaning of the document; 4. Such change speak something FALSE. ISSUING IN AUTHENTICATED FORM 1. Purporting to be a copy of an original when no such original exists; 2. Including in copy a statement contrary to or different from that of the genuine original. ** Liability of private individual is the same as the public officer when there is conspiracy. ** Intent to gain or prejudice is nit necessary. 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS Falsification of public, official, or commercial document by a private individual Elements: 1. Offender – private individual or public official or employee who did not take advantage of his official position; 2. He committed any of the acts of falsification enumerated in art 171 3. Falsification was committed in a public, official, or commercial document. PUBLIC DOCUMENT – any instrument authorized by a notary public or a competent public official with the solemnities required by law. OFFICIAL DOCUMENT – a document issued by a public official in the exercise of the functions of his office. COMMERCIAL DOCUMENT – any document defines and regulated by the Code of Commerce.

** The possessor of a falsified document is presumed to be the author of the falsification. ** Lack of malice or criminal intent is a defense in falsification of public document. page 14


** The principal thing punished is the VIOLATION OF PUBLIC FAITH and the PERVERSION OF TRUTH which the document solemnly proclaims – prejudice to a third person is immaterial. Falsification of private document: Elements: 1. Offender – committed any acts of falsification enumerated in art 172, except in paragraph 7; 2. Falsification is committed in any private document; 3. Falsification caused damage to a third party, or at least with intent to cause such damage. ** Complex crime – public, official, or commercial documents ** One crime – private document, cannot be complexed with any crime (against property) Use of falsified document INTRODUCING IN A JUDICIAL PROCEEDING Elements: 1. Offender – knowledge that the document was falsified by another person; 2. False document is embraced in article 171 or 172 (par. 1-2); 3. He introduces such document as EVIDENCE in any JUDICIAL PROCEEDING. USE IN ANY OTHER TRANSACTION Elements: 1. Offender – knowledge that the document was falsified by another person; 2. False document is embraces in article 172 and 172 (par. 1-2) 3. He used such document NOT IN JUDICIAL PROCEEDING; 4. Such use of document caused damage to another or at least was used with intent to cause such damage. 177. USURPATION OF AUTHPRITY OR OFFICIAL FUNCTION Committed: 1. By representing himself to be an officer, agent or representative of any department or agency of the government; 2. By performing an act pertaining to a person in authority or public officer. ** Mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient. There must be positive, express and explicit representation. (1) © Hanna Magkasi 2007

January 2007

** The act performed must pertain to the government, or to any person in authority or to any public officer.

178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME Using fictitious name Elements: 1. Offender – uses a name OTHER that his REAL name 2. He uses this name PUBLICLY 3. Purpose – a. conceal a crime; b. evade execution of a judgment; c. cause damage to public interest Concealing true name Elements: 1. Offender conceals – a. his true name b. all other personal circumstances 2. Purpose – conceal his identity USE OF UNREGISTERED ALIASES ** Pseudonym – solely for literary, cinema, television, radio or other entertainment purposes and in athletic events. ** Proceedings – judicial authority for a change of name; name duly recorded in the proper local civil registry. 180. FALSE TESTIMONY AGAINST A DEFENDANT Elements: 1. Criminal proceeding 2. Offender – testifies falsely under oath against the defendant 3. Offender knows the falsity of such testimony 4. Defendant – must be convicted or acquitted in a final judgment. ** Defendant must be sentenced to a correctional penalty, fine, or must be acquitted. 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT ** Reason – tendency to favor or prejudice the defendant ** The false testimony in favor of defendant need not directly influence the decision of acquittal. page 15

CRIMINAL LAW II

January 2007

MIDTERM REVIEWER

** The false testimony favorable to the defendant need not benefit the defendant.

-

** Conviction or acquittal of defendant is not necessary. ** The defendant who falsely testified in his own behalf is guilty here. ** Rectification made spontaneously after realizing the mistake is not false testimony.

182. FALSE TESTIMONY IN CIVIL CASES Elements: 1. Testimony given in a civil case; 2. Testimony relates to the issues presented in said case; 3. Testimony is false; 4. Defendant knows the falsity of such testimony; 5. Testimony us malicious and given with intent to affect the issue presented in the case. 183. PERJURY Elements: 1. Accused – made a statement under oath or executed an affidavit upon a material matter; 2. Such was made before a competent officer authorized to receive and administer oath; 3. Such was made in a willful and deliberate assertion of falsehood; 4. Such false statement or affidavit us REQUIRED BY LAW. ** NOT IN JUDICIAL PROCEEDING!!! Material Matter – main fact which is the subject of inquiry, materiality, great importance to the case.

-

Committed by a person who knowingly and willfully makes another to swear falsely and the witness induced does testify under circumstances rendering him guilty of perjury. The one inducing another is the principal by inducement and the one induced is the principal by direct participation.

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS 1. Grave scandal (200) 2. Immoral doctrines, obscene publications and exhibitions (201) 3. Vagrancy and prostitution (202) 200. GRAVE SCANDAL Elements: 1. Offender – performs an act: highly scandalous as offending against decency or good customs; 2. Highly scandalous conduct is not expressly falling within any other article of this code; 3. Such act is committed in a PUBLIC PLACE or within the public knowledge or view.

** The acts must be those that can cause public scandal among the persons witnessing them. PROSTITUTE Elements: 1. Offender – woman 2. Habitual indulgence in sexual intercourse or lascivious conduct 3. Such act for money or profit

** The assertion of falsehood must be willful and deliberate. ** Good faith or lack of malice is a DEFENCE in perjury. ** Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. SUBORNATION of perjury


page 16

Philippine Revised Penal Code Book 2 - Midterm Reviewer

Recommend Documents