Crim 2 Rev After Midterm

7/29/2019 Crim 2 Rev After Midterm

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Pub licO ffic e r s

1. Taking part in the performance of publicfunctions

in the Government, or performing insaidGovernment or in any of its branches publicduties

as an employee, agent or subordinate official,ofanyrank or class; and

2. That his authority to take part in theperformance of

public functions or to perform public dutiesmust be:b. by direct provision of the law, orc. by popular electiond. by appointment by competent authority

M a lf ea s an c e an d M isf ea s an c e Misfeasance improper performance of

some act which might lawfully be done

Malfeasance performance of an act whichought

NOT to be done

Nonfeasance omission of some act whichought to be performed

Bribery

Prevaricacion (Art. 208) Distinguished fromBribery:1. Both are committed by refraining doingsomething

which pertains to the official duty of the officer

2. In bribery, the offender refrained fromdoing his

official duty in consideration of a giftreceived or


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promised; while in crime of prevaricacionthis element is NOT necessary

Direct Bribery Distinguished from Indirect BriberyDirect Bribery Indirect Bribery

agreementoffender agrees toperform or

performs an act or refrainsfromoing somet ing, ecause o

it is NOT necessary thatthe

officer should do anyparticularact or even promise to o

Mere agreement Acceptance consummates

Crimes Committed when Act Constitutes aCrime and was Accomplished direct bribery, in addition to crime brought

about by act There can be attempted corruption if public

officer refused to be corrupted

Qualified Bribery Penalty must be RP or death or RP to death;

if not, crime is dereliction ofduties

F r aud s an d Illega l Exa ction s an d T r an s a ction s

Illegal Exaction If illegal amount is receipted: additional

offense of malversation

Not applicable to BIR and customs officers

M a lve rs a tio n o f Pub lic Fund s o r P r ope rt y

To be guilty, public officer must have:1. Official custody of public funds or property or the

duty to collect or receive funds due the government,

and2. Obligation to account for them to the government* accountable officer otherwise, crime is estafa

Presumption ofMalversationRule: when demand is made to account for funds andthe same is not forthcoming

Provided: no issue as to accuracy, correctness andregularity of audit findings and the fact that funds aremissing is indubitablyestablished

I n fide lit y o f Pub lic O ffic e r s

Revelation Distinguished from Infidelity:1. Papers contain Secrets revelation2. Papers do not contain Secrets Infidelity

Infidelity in Custody of Document distinguished fromMalversation and Falsification

Malversation and Falsification whenpostmaster received money orders, signedas payee, collected and appropriated therespective amounts

Infidelity in Custody of Papers whenpostmaster receives letters/envelopescontaining money orders, and MO are not sentto addressees, the postmaster cashing thesame for his own benefit


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or any other means involving great waste and

ruin4. On occasion of any of the calamities

enumerated in the preceding paragraph, orearthquake, volcanic eruption, destructivecyclone, great waste and ruin

5. Evident premeditation6. Cruelty or outraging/scoffing at person or

corpse249

Homicide1. That a person is killed2. Killing without justifying circumstances3. Accused had intention to kill, which is

presumed4. Killing was not attended by any of the

qualifying circumstances of murder, or by thatof parricide or infanticide

251

DeathCaused inTumultuous

Affray1. That there be several persons2. Do not compose groups organized for

assaulting and attacking each other

reciprocally3. Several persons quarreled and assaulted one

another in a confused and tumultuous manner4. That someone was killed in the

Rose Raycos 2006 Ba

TITLE VIII: CRIMES AGAINST PERSONS

1. Parricide2. Murder3. Homicide4. Death Caused in a Tumultous Affray5. Physical Injuries Inflicted in a Tumultous Affray

6. Giving Assistance to Suicide7. Discharge ofFirearms8. Infanticide9. Intentional Abortion10. Unintentional Abortion11. Abortion practiced by Woman Herself or her

Parent

s

12. Abortion Practiced by Physician or Midwife andDispensing of

Abortives13. Duel14. Challenging to a Duel15. Mutilation16. Serious Physical Injuries17. Administering Injurious Substances or Beverages18. Less Serious Physical Injuries19. Slight Physical Injuries and Maltreatment20. Rape

246Parricide

1. That a person is killed2. That the deceased is killed by the accused3. That the deceased is the father, mother, or

child, whether legitimate or illegitimate, or alegitimate other ascendant or otherdescendent, or the legitimate spouse, of theaccused

247Death orPhysicalInjuries

InflictedUnder

ExceptionalCircum-stances

1. That a legally married person or a parentsurprises his spouse or his daughter, the latterunder 18 years of age and living with him, inthe act of committing sexual intercourse withanother person

2. That he or she kills any or both, of them orinflicts upon any or both of them any seriousphysical injury in the act or immediatelythereafter

3. That he has not promoted/facilitatedprostitution of his wife or daughter, or that heor she had not consented to the infidelity ofthe other spouse

Parricide is not punished with RP to Death:1. Parricide committed thru negligence (Article

365)2. Committed by mistake (Article 249)3. Committed under exceptional circumstances

248Murder

1. That a person was killed2. That the accused killed him3. That the killing was attended by any of the

qualifying circumstances mentioned in Article248

4. The killing is not parricide or infanticide


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Murder unlawful killing of any person which is NOTparricide or infanticide, provided ff circumstances arepresent:1. Treachery, taking advantage of superior

strength, Aid of armed men, or Means to weakendefense, or means/persons to insure/afford impunity

2. In consideration of a price, reward or promise3. Inundation, fire, poison, explosion, shipwreck,

stranding of vessel, derailment or assaultupon a railroad, fall of airship, motor vehicles,


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265Less Serious

PhysicalInjuries

1. Other than less serious physical injuries and2. Incapacitated for labor for 10 days or more, or

shall require medical attendance for the sameperiod

Qualified Less Serious Physical Injuries1. Paragraph 2:

a. manifest intent to insult or offend victimb. circumstances adding ignominy to

offense

2. Paragraph 3:a. the offenders parents, ascendants,

guardians, curators or teachersb. persons of rank or persons in authority,

provided the crime is not direct assault

266SlightPhysical

Injuries and

Maltreat-ment

Kinds of Slight Physical Injuries:1. Physical injuries which incapacitated the

offended party for labor from 1 to 9 days, orrequired medical attendance during the same

period

Parentsc. any of her parents, with her consent, for

the purpose of concealing her dishonor259

AbortionPracticed bya Physicianor Midwife

and

DispensingofAbortives

Elements for Physician or Midwife1. Pregnant woman who has suffered an

abortion2. That the abortion is intended3. That the offender, who must be a physician or

midwife, causes, or assists in causing, theabortion

4. That said physician or midwife takesadvantage of his or her scientific knowledgeor skill

Elements for Pharmacists:1. That the offender is a pharmacist2. No proper prescription from a physician3. That the offender dispenses any abortive

260DuelActs Punishable in Duel:1. By killing ones adversary in duel2. By inflicting upon such adversary physical

injuries3. By making a combat although no physical

injuries have been inflicted261

Challengingto Duel

Acts Punished under this Article:1. Challenging another to a duel2. Inciting another to give or accept challenge to

duel3. By scoffing at or decrying another publicly for

having refused to accept a challenge to fight aduel

262Mutilation

1. Intentionally mutilating another by deprivinghim, either totally or partially, of someessential organ for reproductiona. Castration (mutilation of organs

necessary for generation such as a penisor ovarium)

b. Mutilation caused purposely ordeliberately, that is, to deprive theoffended party of some essential organfor reproduction

2. Intentionally making other mutilation (by loppingor clipping off any part of the body of the offendedparty, other than essential organ for reproduction) todeprive him of that part of his body.

263SeriousPhysicalInjuries

Serious Physical Injuries:1. When the injured person becomes insane,

imbecile, impotent or blind in consequence ofthe physical injuries inflicted.

2. When the injured person (a) loses the use ofspeech or the power to hear or to smell, orloses an eye, a hand, a foot, an arm, or a leg, or(b) loses the use of any such member, or (c)becomes incapacitated for the work in whichwe were theretofore habitually engaged, inconsequence of the physical injuries inflicted.

3. When the person injured (a) becomesdeformed, or (b) loses any other member ofhis body, or (c) loses the use thereof, or (d)

becomes ill or incapacitated for the


6/23AbortionInfanticide

SeriousLess Serious

SlightInsanity, imbecility,

impotence, blindness

Loss of speech,

performance of the work in which he washabitually engaged for more than 90 days, inconsequence of the physical injuries inflicted.

4. When the injured person becomes ill orincapacitated for labor for more than 30 days(but must not be more than 90 days), as aresult of the physical injuries inflicted.

264Adminis-

teringInjurious

Substancesor Beverages

1. That the offender inflicted upon another anyserious physical injury

2. That it was done by knowingly administeringto him any injurious substance or beverages orby taking advantage of his weakness of mineor credulity

3. That he had no intent to kill


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8. Committed by any member of AFP orparamilitary units thereof or the PNP or anylaw enforcement agency or penal institution,

when offender took advantage of position tofacilitate the commission of the crime

9. By reason or on the occasion of the rape, thevictim has suffered permanent physical

mutilation or disability10. Offender knew of the pregnancy of the

offended party at the time of the commissionof the crime

11. Offender knew of the mental disability,

emotional disorder and/or physical handicap

of the offended party at the time of thecommission of the crime

266-CEffect of

Pardon1. Subsequent valid marriage between the

offender and the offended party shallextinguish the criminal action or the penaltyimposed.

2. In case it is the legal husband who

Victim is already a personUmbilical cord not yet cut; orUmbilical cord is already cutand infant is still aliveIntra-uterine life of less than 7

mos. and is killed within 24hoursIntra-uterine life of less than 7

mos. and killed after 24 hoursKilling by woman to conceal dishonor is extenuating

foot, arm, legIncapacitated forwork for which

habitually engaged

DeformationLost any other partof body or usethereof

Illness or incapacityfor work habituallyengaged for periodof more than 90 days

Injuries causedillness or incapacity

for labor for morethan 30 days notmore than 90Incapacitated forlabor for 10 days ormore but not morethan 30 daysIncapacitated for

labor from 1 to ninedays or medicalattendance for same

period

Do not prevent himfrom engaging inhabitual work nor

require medical

Rose Raycos 2006 Ba

Tumultuous Affray the disturbance is causeby more than three persons who are armed or arprovided with means ofviolence

Persons Liable for Death in TumultuousAffray:1. Person(s) who inflicted the serious physical

injuries2. If it is not known who inflicted the seriouphysical

injuries on the deceased, all the persons whusedviolence upon the person of the victim are liabbutwith lesser liability

Infanticide

Infanticide killing of any child less than thredays of age, whether the killer is the parent o

grandparent, any other relative of the child, or stranger

Pa rricide , M u r de r, H o m icid e

Parricide Legitimate relationship except parent and child

Direct line only except spouse

Blood except for spouse

Parr c In ant cBased on relationshipRelatives enumerated Strangers or relatives

* parricide yields toConspiracy cannot beapplied

Conspiracy applicableSingle information

Concea is onor not Conceal dishonor mitigating

Murder

Use ofFire

Duel

Duel formal or regular combat previouslyconcerted between two parties in the presence otwo or more seconds of lawful age on each side, who makes the selection of arms and fix all otheconditions of the fight

Persons Liable in Duel:1. Person who killed or inflicted physical injuriesupon

his adversary, or both combatants in any other case,as principles

2. Seconds, as accomplices

Physical InjuriesSeparate crimes ofHomicide

To conceal killing

Murder As a means to kill


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Arson aggravated byHomicide

Burn a house but therewas a

Homicide Resorted to as a joke(Ppl v.

Homicide

Homicide unlawful killing of any person,which is neither parricide, murder norinfanticide

Accidental Homicide death of a personbrought about by a lawful act performedwith proper care and skill, and withouthomicidal intent

Corpus Delicti actual commission ofthe crime charged; means that the crime wasactually perpetrated, and does not refer tothe body of the murdered person

Death or Physical Injuries in Tumultuous Affray


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attendanceIll-treatment bydeed

Physical Injuries Distinguished from Attempted orFrustrated Homicide:

a. In both, the offender inflicts physical injuries,however homicide may be committed, even ifnophysical injuries are inflicted

b. There is no intent to kill in physical injuries

Mutilation

Ordinary Physical Injuries Distinguished fromMutilation:1. Mutilation must have been caused purposely and

deliberately2. Physical Injuries this intention is not present


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UnderCompulsion

in Payment2. That it is against the debtors will

3. That the purpose is to require or enforce thepayment of a debt

275Abandonme

nt ofPersons inDanger andAbandonment ofOnes

Own VictimActs Punishable:1. Failing to render assistance to any person

whom offender finds in an uninhabited placewounded or in danger of dying when he can

render such assistance without detriment to

himself, unless such omission shall constitute amore serious offense2. Failing to help or render assistance to another

whom the offender has accidentally wounded

or injured3. Failing to deliver a child, under 7 whom the

offender has found abandoned, to theauthorities or to his family, or by failing to take

him to a safe place276

Abandon

TITLE IX: CRIMES AGAINST PERSONAL LIBERTYAND

SECURITY

1. Kidnapping and Serious Illegal Detention2. Slight Illegal Detention3. Unlawful Arrest

4. Kidnapping and Failure to Return a Minor5. Inducing a Minor to Abandon his Home6. Slavery7. Exploitation of Child Labor8. Services Rendered in Compulsion of Payment of

Debt9. Abandonment of Persons in Danger and Ones Own

Victim10. Abandoning a Minor11. Exploitation ofMinors12. Qualified Trespass to Dwelling13. Other Forms ofTrespass14. Grave Threats, Light Threats, Other LightThreats15. Grave Coercions, Light Coercions

16. Discovery and Revelation ofSecrets

Crime Elemen

267

Kidnapping

andSerious

Illegal

Detention

1. Offender is a private individual2. Kidnaps or detains another, or in anyother

manner deprives the latter of his liberty3. Act of detention or kidnapping must be

illegal4. Any of the following circumstances arepresent:

a. Lasts for more than 3 days or;b. Committed simulating publicauthority or;c. Any serious physical injuries areinflicted

268Sligh

tIlleg

alDetenti

1. Offender is a private individual2. Kidnaps or detains another, or in anyother

manner deprives him of his liberty3. Act of kidnapping or detention is illegal4. Crime is committed without theattendance of

269

Unlawful

Arre

1. Offender arrests or detains anotherperson2. Purpose: to deliver him to theproper

authorities27

0Kidnappin

gan

1. That the offender is entrusted with thecustody

of a minor person (below 21 yearsofage)

2. T at e e i erate y ai s to restore

271Inducing

aM nor

1. That a minor is living in the home of hisparentsor guardian or person entrustedwith hiscustody

272

S aver

1. Purchases, sells, kidnaps or detains ahuman

being.27

3Exploitati

onof

Child

1. That the offender retains a minor in hisservice2. That it is against the will of the minor3. That it is under the pretext ofreimbursing

himself of a debt incurred by an274

Servic

1. That the offender compels a debtor towork for

him, either as household servant or


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Exception: parents, guardians, or personsentrusted withthe custody of minors (papers or letters of thchildren or

291

Revealing

Secrets

1. Offender is a manager, employee orservant2. Learns of the secrets of his principal ormaster

in suc

292

Revelationof

IndustrialSecre

ts

1. Offender is person in charge,employee or

workman of a manufacturing orindustrialestablishment

2. Manufacturing or industrial establishmenhas a

secret o t e in ustry w ic t e

Illega l D e t en tio n

Special Complex Crimes* Effectively eliminated distinction drawn by coubetweenthose cases where the killing, rape or physicalinjuries waspurposely sought by the accused, and thosewhere the samewas not deliberately resorted to but wasmerely anafterthoug

htKn

Kidnapping with homicide Not separate crimesKidnapping with rapeKidnapping withphysical

* this rule applicable only if kidnap victim was killed,raped or tortured* if 3rd person killed, raped or tortured, there will be 2

separate offenses* intent is determinative of the special complex crime if intentrom t e very eginning is to i , rape or torture crime

Kidnapping with Rape Forcible Abduction withComposite if womankidnapped

Complex under art. 48

At t e outset, no ew At the outset, lewd designRape is qualifying Rape is also a crimeOnly 1 kidnapping withrape,even if multiple

Only one rape complexed,allother rapes are separate

If merely attemptedrape: 2separate crimes:

If merely attempted rape,onlyone crime: Forci e

Kidnapping Grave CoercionIntent todeprive

Mere curtailment offreedom of

Unlawful arrest distinguished from otheillegal detention: if the purpose of locking up odetaining is to deliver to authorities, the crime iunlawful arrest; otherwise, it is other illegadetention

Distinguishing Article 267 andArticle 270:1. Article 267 offender is not entrusted withcustody

2. Article 270 offender is entrusted wit


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2. By making threat without attaining his purpose3. By threatening another with the infliction uponhis person, honor or property or that of hisfamily of any wrong amounting to a crime, thethreat not being subject to a condition

a. Offender threatens another with theinfliction upon the latters person, honor,or property, or upon the latters family, ofany wrong

b. Wrong amounts to a crime

c. Threat is not subject to a condition283

Light

Threats1. Offender makes a threat to commit a crime

2. Wrong does not constitute a crime

3. Demand for money or that other condition isimposed, even though not lawful

4. Offender has attained or not attained hispurpose

285Other Light

Threats1. Threatening another with a weapon, or by

drawing such weapon in

Trespass to

custody ofminor

Slavery and Kidnapping/IllegaDetentionDistinguishe

d:a. Slavery purpose is to enslave victim


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Trespass to PropertyUninhabited, clear or manifest prohibitionTheftPurpose: fish, harvest, gatherVagrancyIf property not fenced, no prohibition toenterUnjust vexation orlight coercion

Rose Raycos 2006 Ba

b. Kidnapping or Illegal Detention anyother purpose

Trespass to DwellingDwelling Place any building or structure exclusivelydevoted for rest and comfort

Robbery Intimidation immediate butconditionalcoup e wit eman or money or

Threat Future and conditionalCoercion Direct, immediate and personal or

serious


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263 was inflicted in the course of the robbery2. Inflicted upon any non-robber

RVAIP under Paragraph 5 of Art. 294: called Simple Robbery, because the violence does n

Threats to Extort Money Distinguished fromRVAIP:1. Both, there is intimidation by offender

2. Both, purpose is identical: to obtain gain3. In robbery, intimidation is actual and

immediate; In threats, intimidation isconditional or future

4. In robbery, intimidation is personal; In threats,

it may be done thru an intermediary5. In robbery, intimidation is directed only to

victim; In threats, intimidation may refer toperson, honor or property of offended party or

that of his family6. In robbery, gain of culprit is immediate; in

threats, gain is not immediate

RVAIP Distinguished from Grave Coercion:1. Both, there is violenc

TITLE X: CRIMES AGAINST PROPERTY

1. Robbery with Violence Against or Intimidation ofPerson

s2. Robbery by the Use of Force uponThings3. Brigandage

4. Theft5. Usurpation6. Culpable Insolvency7. Swindling and Other Deceits8. Chattel Mortgage9. Arson and Other Crimes Involving Destruction10. Malicious Mischief

Crime Elemen

293

Whoare

Guiltyof

Robbery

Classification:1. Robbery with violence against, orintimidation

of persons (RVAIP)2. Robbery with the use of force uponthings

(RFUT)a. Robbery in Inhabited House,Public

Building or Edifice devoted toPublicWorship

b. Robbery in Uninhabited House orin a

Private Building

Elements of Robbery in General:29

4Robber

ywit

h

ViolenceAgainst

orIntimidati

onof

Persons

Acts Punished:1. By reason or on occasion of robbery,homicide

is committed, or is accompanied byrape orintentional mutilation or arson

2. By reason or on occasion of suchrobbery, anyof the serious physical injuries, 1 iscommitted

3. By reason or on occasion of suchrobbery, any

of serious physical injuries, 2 iscommitted

4. If violence or intimidation employedin the

robbery is carried to a degreeclearlyunnecessary or in the course of itsexecution,offender shall have inflicted upon an yperso nno t respons ib le fo r th e robbery anyof thephysical injuries in serious physicalinjuries, 3 and 4.

5. If violence employed does not causeany of the

serious physical injuries defined in Art.263, orif the offender employs intimidation only

Distinctions Between Effects ofEmployment ofVAIAP and those of use FUT:1. Whenever violence against orintimidation of

any person is used, the taking isa ways


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3. That with intent to gain, the offender tookthere from personal property belonging to

another 303Robbery of Cereals, Fruits or FirewoodCases enumerated in Article 299 to 302

304Possession

ofPicklocks

or SimilarTools

1. That the offender has in his possessionpicklocks or similar tools

2. That such picklocks or similar tools are

specially adopted to the commission ofrobbery

3. No lawful cause for such possession305

False Keys1. Tools mentioned in the next preceding article

2. Genuine keys stolen from the owner3. Any keys other than those intended by the

owner for use in the lock forcibly opened bythe offender

306Who are

Brigands Penalty

Brigandage crime committed by 4 or more

3. Compulsion is by means ofviolence or

intimidation

299

Robberyin

Inhabit

edHouseor

Public

Buildingor

Edifice

Devotedto

Worship

RFUT Subdivision (a):1. Offender entered (a) inhabitedhouse, (b)

public building, (c) edificedevoted to

religious worship2. Entrance was effected by any of the ffmeans:

a. Opening not intendedfor

entrance/egress, orb. Breaking any wall, roof, orfloor or

breaking any door or window, orc. Using false keys, picklocks, similartools,

ord. Using fictitious name orpretending the

exercise of public authority3. Once inside building, the offendertook

personal property belonging to anotherwithintent to gain

RFUT Subdivision (b):1. Offender is inside dwelling house,public

building, or edifice devoted toreligious

300

Robberyin

Uninhabited

Distinction between 2 Classes ofRobbery as totheir Being Qualified:1. RFUT to be qualified, must becommitted in

an uninhabited place AND by a band30

1Definitio

ns

Inhabited House any shelter, ship orvesselconstituting the dwelling or one or more

personseven though the inhabitants thereof aretemporarilyabsent there from when the robbery iscommittedDependencies are all interior courts,corrals,warehouses, granaries or enclosedplacescontiguous to the building or edifice,having aninterior entrance connected therewith, andwhichform part of the wholeNot Inc u e as Depen enc es orc ar s

302

Robberyinan

Uninhabited

Place orin a

Private

Building

1. Offender entered an uninhabitedhouse or

building which was not dwellinghouse,public building, nor edificedevoted toreligious worship

2. Any of the following circumstanceswas

present:a. Entrance was effected thru anopening

not intended for entrance oregress

b. Wall, roof, outside door/windowwas

brokenc. Entrance was effected thru the


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property or usurps any real rights in property

2. That the real property or real rights belong toanother

3. That violence against or intimidation ofpersons is used by the offender in occupying

real property or usurping real rights inproperty

4. That there is intent to gain313

Altering Boundaries or Landmarks314

FraudulentInsolvency

1. That the offender is a debtor, that is, he hasobligations due and payable

2. That he absconds with his property

3. That there be prejudice to his creditors

Distinguished from Insolvency Law:a. Insolvency Law requires application

that the criminal act should have beencommitted after institution of criminal

proceedingsb. Article 314 there is no such

requirement, and it is not necessary thatdefendant should have been adjudged

1. Taking of personal property2. Property belongs to another3. Taking be done with intent to gain(animus

lucrandi)4. Taking be done without the consentof the

owner

5. Taking accomplished without violenceagainstor intimidation of persons or forceuponthings

Stages of the Crime:1. Theft is consummated

a. when offender is able to placething

taken under his control and insuch asituation where he could disposeit atonce; or

b. when offender had fullpossession of

thing, even if he did not

haveopportunity to dispose the same

2. Conflicting Rulingsa. People vs. Dino frustrated theftwhen

truck loaded with stolen boxes ofrifleswas discovered at checkpoint

. Peop e vs. Esp r tu

310

Qualified

Theft

Theft is Qualified if:1. Theft is committed by domestic servant2. Theft is committed with graveabuse of

confidence3. Property stolen is a (a) motor vehicle,(b) mail

matter, or (c) large cattle (*note

CattleRustling)

4. Property stolen consists of coconutstaken

from the premises of a plantation5. Property stolen is fish takenfrom

PD1612Anti

-Fencing

Law

1. Crime of robbery or theft has beencommitted2. Accused, who is not a principal oraccomplice

in the commission of the crime ofrobbery ortheft, buys, receives, possesses,keeps,acquires, conceals, sells or disposes, orbuys

and sells, or in any manner dealsin anyarticle, item, object or anything ofvalue,which has been derived from the

311

Theft of Property of NationalLibrary and

312

Occupationof

RealProperty

orUsurpati

on

Acts Punishable:1. By taking possession of any realproperty

belonging to another by means ofviolenceagainst or intimidation of persons

2. By usurping any real rights inproperty

belonging to another by means ofviolence


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Swindlingor mortgage the same.

a. Thing be immovableb. Offender who is not owner of said

property should represent that he is theowner thereof

c. Offender should have executed an act of

ownership (selling, leasing, encumberingor mortgaging the real property)

d. To the prejudice of the owner or a 3rd

person2. Any person, who, knowing that real property

is encumbered, shall dispose of the same,although such encumbrance be not recorded.a. Thing disposed of be real property

b. Offender knew that real property wasencumbered, whether recorded or not

c. Express representation by the offender

that the real party is free fromencumbrance

d. Damage3. Owner of any personal property who shall

wrongfully take it from its lawful possessor, tothe prejudice of the latter or any third person.

a. Offender is the owner of personalproperty

b. Property is in lawfu

fraudulent means must bemade orexecuted prior to or simultaneouslywithcommission of the fraud

c. Offended party must have reliedon the

false pretense, fraudulentact, or

fraudulent means, (induced to partwithhis money or property)

d. Damage

- executed prior to or simultaneouslywith the commission of the fraud:

1. By using fictitious name, or falselypretending to possess power, influence,qualifications, property, credit, agency,business or imaginary transactions, orby means of other similar deceits.

2. By altering the quality, fineness orweight ofanything pertaining to his art or

business.3. By pretending to have bribed any

Governmentemployee, without prejudice to the

action forcalumny which the offended party maydeemproper to bring against the offender. Inthiscase, the offender shall be punishedby themaximum period of the penalty.

4. By post-dating a check, or issuing acheck in

payment of an obligation when theoffendertherein were not sufficient tocover theamount of the check. The failure of thedrawerof the check to deposit the amount

necessaryto cover his check within three (3) daysfromreceipt of notice from the bankand/or thepayee or holder that said check hasbeendishonored for lack of insufficiency offundsshall be prima facie evidence ofdeceit

constituting false pretense orfraudulent act.

a. The offender postdated a check, orissued

a check in payment of anobligation

b. Such postdating or issuing acheck was

done when the offender had nofunds inthe bank, or his funds depositedthereinwere not sufficient to cover theamountof the check

5. Fifth Paragrapha. Obtaining any food,refreshment or

accommodation at a hotel,inn

316

Other

Other Forms of Swindling:1. Any person who, pretending to beowner of


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without the consent of the mortgageewrittenon the back of the mortgage and notedon therecor t ereo in t e o ice o t e

320- Repea e y PD 1613 Amen ing t e Law on327

WhoAreLiable

forMaliciou

s

1. Offender deliberately caused damageto the

property of another2. Such act does not constitute arsonor other

crimes involving destruction3. The act of damaging anothersproperty be

328

Special

Casesof

Malicious

Mischief

(Qualifie

Special Cases of Malicious Mischief:1. Causing damage to obstruct theperformance

of public functions2. Using any poisonous or corrosivesubstance3. Spreading any infection or contagionamong

cattle4. Causing damage to the propertyof the

329

Other MischiefsPenalties range according to value of damage

330

Damageand

Obstruction

Electric wires, traction cables, signalsystem, andother things pertaining to railways,shall bedeemed to constitute an integral part of arailway

331

Destroying/

Damaging

Statu

1. Destroy or damage statues or any otheruseful

or ornamental public monuments2. Destroy or damage any useful orornamental

painting of a public nature

332

Perso

nsExem

ptfrom

Criminal

Liability

Exemptions:1. Spouses, ascendants anddescendants, or

relatives by affinity in the same line2. Widowed spouse with respect toproperty

which belonged to the deceased spousebeforethe same shall have passed into thepossessionof anothera. Property belongs to deceasedspouseb. Not passed into the possession ofa 3r


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338Simple

Seduction1. Offended party is over 12 and under 18 years

of age2. Of good reputation, single or widow3. Offender has sexual intercourse with her4. Committed by means of deceit

339Acts of

Lasciviousn

ess with

Consent ofOffended

Party1. Offender commits acts of lasciviousness2. Committed upon a woman who is a virgin or

single or widow of good reputation, under 18years of age but over 12 years, or a sister or

descendant regardless of her reputation or age3. Offender accomplishes the acts by abuse of

authority, confidence, relationship, or deceit

340CorruptionofMinors

1. Offender is person under age2. Person promotes or facilitates prostitution or

corruption of person under age3. Purpose is to satisfy lust of another

341W

Rose Raycos 2006 Ba

TITLE XI: CRIMES AGAINST CHASTITY

1. Adultery2. Concubinage3. Acts ofLasciviousness4. Qualified Seduction5. Simple Seduction

6. Acts of Lasciviousness with Consent7. Corruption ofMinors8. White SlaveTrade9. Forcible Abduction10. Consented Abduction

Crime E emen

333

Whoare

Guiltyof

1. Woman is married2. Sexual intercourse with a mannot her

husband3. That as regards the man with whomshe has

334

Concubi-

nage

Ways of Committing Crime:1. By keeping a mistress in the

conjugaldwelling; or

2. By having sexual intercourse,under

scandalous circumstances, with awoman nothis wife; or

3. By cohabiting with her in any otherplace

Elements:33

6Acts

ofLasciviou

sn

ess

Elements:1. Any act of lasciviousness or lewdness2. Against a person of either sex3. Done under any of thefollowing

circumstances:

a. By using force or intimidationb. When offended party isdeprived of

reason or otherwise unconsciousc. By means of fraudulentmachination or

337

Qualified

Seduction

Two Classes:1. Seduction of a virgin over 12 andunder 18

years of age by certain persons, suchas, aperson in authority, priest, teacher, etc.a. Offended party is a virgin,which is

presumed if she is unmarriedand ofgood reputation

b. Over 12 and under 18 years of age

c. Offender has sexual intercoursewith herd. Abuse of authority,confidence or

relationship on the part of theoffender

2. Seduction of a sister by herbrother, or

descendant by ascendant, regardlessof herage or reputation

Offenders in qualified seduction:a. T ose w o a use t eir


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TITLE XII: CRIMES AGAINST THE CIVIL STATUSOF

PERSONS

Crime Elemen

34

7Simulati

onof

Births

Acts Punished:1. Simulation of births2. Substitution of one child for another3. Concealing or abandoning any legitimatechild

with intent to cause such child to lose itscivilstatusa. Child must be legitimate (and afully

developed and living being)34

8Usurpati

onof

CivilStat

Usurpation of Civil Status: when apersonrepresents himself to be another andassumesfiliation or parental or conjugal rights ofsuchanother person

349

Bigamy

1. That the offender has been legallymarried2. That the marriage has not beenlegally

dissolved or, in case his or her spouse isabsent,the absent spouse could not yet bepresumeddead according to the CC

3. That he contracts a second orsubsequent

marriage4. That the second or subsequent marriagehas all

the essential requisites for validity

Differentiate Concubinage from Bigamy:

1. Bigamy is an offense against the civilstatuswhich may be prosecuted at the instanceof the

350

Marriage

Contracted

1. That the offender contracted marriage2. That he knew at the time that:

a. requirements of law not compliedwith; orb. the marriage was in disregard of alegal

351

Premature

Marriages

Persons Liable:1. A widow who married within 301 daysfrom

the date of the death of her husband, orbeforehaving delivered if she is pregnant at thetimeof his death

2. A woman, who, her marriage having


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Rose Raycos 2006 Ba

352

Performanceo

Persons Liable: Priests or ministers of anyreligiousdenomination or sect, or civil authorities


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ProhibitingPublication

ofActs

Referred to

in theCourse of

OfficialProceedings

manager of a newspaper daily or magazine2. That he publishes facts connected with the

private life of another3. That such facts are offensive to the honor,

virtue, and reputation of said person358

SlanderSlander oral defamation

Two Kinds:1. Simple Slander2. Grave Slander

359Slander by

Deed1. That the offender performs any act not included

in any other crime against honor2. That such act is performed in the presence of

other person or persons

3. That such act casts dishonor, discredit orcontempt upon the offended party

Slander by Deed crime against honor which is committed by performing any act which casts dishono

Kinds of

TITLE XIII: CRIMES AGAINST HONOR

Crime E emen

353-

355Libel byMeans of

WritingorSimila

rMean

s

1. Imputation of crime, vice or defect,real or imaginary, or any act, omission,condition, status, or circumstance

2. Imputation must be madepublicly

3.Malicious4. Natural or juridical person, or one whois dead5. Imputation must tend to cause thedishonor,

discredit or contempt of the persondefamed.

DefamatoryImputation:

- imputation may cover:1. Crime allegedly committed by theoffended

party2. Vice or defect, real or imaginary, ofoffended

party3. Any act, omission, condition, statusof, or

circumstances relating to the offendedparty

Libel public and malicious imputation of acrime, or of a vice or defect, real orimaginary, or any act, omission, condition,status, or circumstance tending to cause thedishonor, discredit, or contem t of a natural

354

Requirement

forPublicit

y

Malice is Not Presumed in the Following:1. Private communication made byperson to

another in performance of any legal,moral orsocial dutya. Person who made communication

had alegal, moral or social duty tomakecommunication, or, at least, hehad aninterest to be upheld

b. The communication is addressedto an

officer or a board, or superior,havingsome interest or duty in the matter

c. The statements in thecommunication are

made in good faith without malice (infact)

2. Fair and True Reporta. That it is a fair and true report,

made in35

5LibelBy

Meansof

Libel May be Committed: writing,printing,lithography, engraving, radio, phonograph,painting,theatrical exhibition, cinematographicexhibition, or

356

Threateningto

Publishand Offer

Acts Punished:1. By threatening another to publisha libel

concerning him, or his parents, spouse,child, orother members of his family

2. By offering to prevent the publication35 1. T at t e o en er is a reporter,


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Rose Raycos 2006 Bar

363

Incriminating

1. That the offender performs an act2. That by such act he directlyincriminates or

imputes to an innocent person thecommission

364

Intriguing

Again

Intriguing against honor is committed by anypersonwho shall make any intrigue which hasfor itsprincipal purpose to blemish the honor or

Crim 2 Rev After Midterm

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