Crim2 Midterms Ursua
Transcript of Crim2 Midterms Ursua
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 1/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 1
264. Administering injurious substances or beverages.
- That the offender inflicted upon another any serious physical
injury.
- It was done by knowingly administering any injurious substance or
beverage or by taking advantage of his weakness or credulity
- With no intent to kill
1. With intent to kill = murder. Adminster = make the person
ingest the substance or beverage
265. Less serious physical injuries
- Offended party is incapacitated from labor or needs medical
assistance from 10<30 days.
- Physical injuries sustained were not described in preceding
articles.
1. Qualified by:
a. Fine with AM as penalty
i.
Manifest intent to insult or offend theinjured person
ii. Ignominy is present
b. Higher penalty if the victim
i. Is the offenders parents, ascendants,
guardians, curators or teachers
ii. Persons or rank or in authority, provided
the crime does not amount to direct
assault.
2. Medical attendance OR incapacity from labor may be
counted, not both. If neither is present, it is only slight
physical injuries. Actual medical attendance is needed.
266. Slight physical injuries and maltreatment
- Three kinds of slight physical injuries:
o Incapacity from labor OR medical attendance from 1-9
days
o Physical injuries that did not require medical attendanceor result to incapacity to work.
o Ill-treatment of another without any injury or causing
dishonour (could become slander by deed)
1. Without any proof of the period of medical attendance
or incapacity from labor, only slight physical injuries is
charged.
266-A. Rape
Rape under paragraph 1 (sexual intercourse, need to prove penetration, no
matter how slight because it consummates the crime)
- Offender is a man
- Who had carnal knowledge of a woman
- Accomplished by any of the following:
o With force or intimidation
Need to establish manifest and tenacious
resistance BUT once the victim gives up it does
not necessarily mean consent. The intimidation
here must be viewed as creating fear in the
mind of the victim.
If moral ascendancy or influence of the offender
is proven, it replaces physical force intimidation,
such as when the offender is the parent or
guardian of victim.
o Woman is deprived of reason or otherwise unconscious
Victim has no will
o By means of fraudulent machinations or grave abuse of
authority
o When the woman is <12 yrs old or demented
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 3/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 3
- Man is married legally
- Committed any of the following acts
o Kept a mistress in the conjugal dwelling No need to prove actual intercourse
Woman must be taken into the conjugal
dwelling (house of husband and wife even if the
latter be absent temporarily) as a concubine
o Having sexual intercourse under scandalous
circumstances with a woman not his wife
Offensive element to other people so it must be
attested to by neighbours etc
o Cohabiting with her anywhere
To dwell together as husband and wife for some
period of time
- As regards woman, she must know the man to be married.
1. Husband is not liable for mere sexual relations with a woman
other than his wife; exclusive listing of acts that would make him
liable.
336. Acts of lasciviousness (no intercourse)
- Offender commits an act of lasciviousness
- Against a person of either sex
- Committed under the following:
o With force or intimidation
o Woman is deprived of reason or otherwise unconscious
o By means of fraudulent machinations or grave abuse of
authority
o When the woman is <12 yrs old or demented
1. Lewd designs: obscene and lustful. Can be inferred from the
a. Manner
b. Time
c. Place of commission of the crime
i. Public place, daytime, etc seems to negate lewd
designs
2. Moral compulsion that subdues will of the woman is enough toreplace intimidation or physical force. There is only consummated
acts of lasciviousness.
3. Desistance by the offender in an attempted rape may lower the
charge to simply acts of lasciviousness only.
Seduction: enticing a woman to unlawful sexual intercourse by promise of
marriage or other means of persuasion without using force.
337. Qualified seduction
- Offended party is a virgin (presumed if unmarried and of good
reputation)
- 12<18 yrs old
- Offender had sexual intercourse with her
- Abuse of authority, confidence or relationship by offender
o Seduction by relatives
o By certain persons such as priest, teacher, domestic
(anyone else living in the household) etc.
1. Deceit not an element here because abuse of authority etc is
already enough. But if one element of rape is introduced, it is no
longer QS.
338. Simple seduction
- Offended party is 12<18 yrs old
- Of good reputation, single or widow.
- Offender had sexual intercourse with her
- By means of deceit.
1. Virginity no longer required.
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 6/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 6
- Offender is private individual
- Who kidnaps or detains another or in any manner deprives him of
his liberty- Detention is illegal
- Crime not attended to by any of the aforementioned
circumstances
1. Privileged mitigating circumstance
a. Detainee released within three days
b. Purpose intended for detention not attained
c. Criminal action has not yet been filed against offender
269. Unlawful arrest
- Any person arrests or detains another
- Purpose of the offender is to deliver the detainee to proper
authorities
- Arrest or detention is not authorized by law or has no reasonable
ground
K idnapping of minors
270. Kidnapping and failure to return a minor
- Offender is entrusted with the care and custody of a minor
- Who deliberately fails to return the minor to his parents or
guardians
271. Inducing a minor to abandon his home
- Minor lives in the home of his parents, guardian or person with
custody
- Offender induces the minor to leave such home
o Actual inducement
o With criminal intent
o With will to cause damage
- Very act of inducement is punishable even if the minor did notleave
- Parent who has no legal custody over the child may commit this
crime if he induces such child to leave the abode of the other
spouse
272. Slavery
- Offender purchases, sells, kidnaps or detains another
- For the purpose of enslaving him or her
- Qualified by: for the purpose of assigning the victim to some
immoral traffic, which means highest penalty
1. Check the purpose of the offender to make distinction
273. Exploitation of child labor
- Offender retains a minor in his service
- Against the will of said minor
- Under the pretext of reimbursing himself of a debt incurred by an
ascendant, guardian or person entrusted with custody of the
minor
1. Consent of the minor = defense
274. Services in payment of debt
- Offender compels a debtor to work for him either as a household
helper or farm labourer
- Against the debtors will
- For the purpose of enforcing payment for a debt
o Exclusive listing of either household helper of farm
labourer only
C rimes against security
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 12/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 12
Blackmail: unlawful extortion of money by threats of accusation or
exposure.
357. Prohibited publication of acts referred to in the course of official
proceedings (Gag Law)
- Offender is a reporter, editor or manager of a newspaper daily or
magazine
- Who publishes facts connected with the private life of another
- That are offensive to the honor, virtue and reputation of said
person
o Cases like adultery, legitimacy of children etc.
358. Slander (Oral defamation)
Grave slander (when of a serious and insulting nature) and simple slander.
The offended party need not have heard the slander. Judicial discretion is
used to determine the gravity of the offense
- Expressions used
- Personal relations of the accused and the offended party
- Circumstances surrounding the case (social standing and position
of the offended party)
359. Slander by deed or performing any act which casts dishonour,
discredit or contempt upon another person
- Offender performs any act not included in any other crime against
honor
- In the presence of other person or persons
- Which casts dishonour discredit or contempt upon the offended
party
Also grave vs simple slander
360. Persons responsible for libel
- Any person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means
- Author or editor of a book or pamphlet
- Editor or business manager of a daily newspaper magazine or
serial publication
- Owner of the printing plant which publishes a libelous article with
his consent, including any other person who participates in such
publication
Venue for filing of libel cases
- One of the offended parties is a public officer whose office is in
Manila at the time of the commission of the offense
o Manila or in the place where the article was first printed
and published
- One of the offended parties is a public officer whose office is
elsewhere
o Place where the offended party holds office or in the
place where the article was first printed and published
- One of the offended parties is a private individual
o Place where he resides or where article is first printed
and published
- Offended party must file complaint for defamation imputing a
crime which cannot be prosecuted de oficio (crimes against
chastity)
361. Proof of truth
- Act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public
officer
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 13/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 13
- Offended party is a government employee and imputation does
not constitute a crime and the imputation is related to official
duties.o Proven by positive and direct evidence or even only by
probable cause for belief
o True OR with good motives AND in pursuit of justifiable
ends
o Honest mistake and retraction of the imputation
mitigates challenges
362. Libelous remarks
- Only for qualifiedly privilege communication, if made with malice,
are not exempt from criminal liability
363. Incriminating innocent person (planting evidence)
- Offender performs an act
- Through which he directly incriminates or imputes to an innocent
person the commission of a crime
- And such act does not constitute perjury
1. Complex crime of incriminating an innocent person through
unlawful arrest because the latter was a means through which the
incriminatory machination was made
364. Intriguing against honor
- Making plot or scheme to create any intrigue for the purpose of blemishing the honor or reputation of another person
- If source of the defamatory statement cannot be identified, it is
intriguing against honor
Title 12. Crimes against the civil status of
persons (Articles 347-352)347. Simulation of births and usurpation of civil status
- Simulation of birth
o Woman pretends to be pregnant and takes the child of
another. Both the giver and the taker of the child are
punished
- Substitution of one child for another
- Concealing or abandoning any legitimate child with intent to
cause such child to lose its civil status
o Can be committed by leaving the child at any foster
institution because the intent is clearly to allow the child
to leave while erasing all the traces of filiation
348. Usurpation of civil status
- A person represents himself as another and assumes the filiation
or the parental or conjugal rights of such another person
(including the profession of such person)
- Purpose of the offender must be taken into account
- Qualified by usurpation for the purpose of defrauding the party or
his or her heirs.
349. Bigamy
- Offender is legally married- Such marriage has not been legally dissolved or in case of an
absent spouse, the latter has not yet been presumed dead
according to the Civil Code
- He contracts a subsequent marriage
- That has all the essential requisites for validity
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 14/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 14
1. Nullity of the first marriage not a defense because it produces
legal effects; nullity of the subsequent marriage is also not a
defense. But if the second marriage is void, there is no bigamy2. Second spouse who knew about the prior subsisting marriage is
an accomplice.
3. Reasons for the legal dissolution n of marriage
a. Death of either spouse
b. Judicial declaration of nullity
c. Decree of annulment
4. Bigamy not a bar to prosecution for concubinage
350. Marriage against provisions of laws
- Offender contracted marriage
- Which he knew at that time that
o Requirements of the law were not complied with
o Marriage was celebrated in disregard of a legal
impediment
351. Premature marriages
- Widow who married within 301 days from death OR before
delivery if pregnant at time of death
- A woman whose marriage has been dissolved or annulled and
who married within 301 days from death OR before delivery if
pregnant at time of dissolution of the marital bond
352. Performance of illegal marriage
- Priests or ministers of any religious denomination or sect or civil
authorities who shall perform or authorize any illegal marriage
ceremony shall be punished
o Knowledge of the legal impediment or deficiency needed
Title 10. Crimes against property (Articles 293-
331)293. Robbery in general
- Unlawful taking of
o Permanent deprivation
- Personal property belonging to another
o Not necessarily the owner but whoever is in possession
thereof
- With intent to gain
o Presumed from the unlawful taking
- By means of violence against or intimidation of any person or
force upon things
o Taking consummated upon
With violence or intimidation = when the
offender takes possession of the thing
With force upon things = taking out of the
buildingo Violence or intimidation must be employed before the
taking is made, otherwise it becomes another crime
o If both violence and intimidation and force upon things
are present, the former is the proper denomination of
the charge
294. Robbery with violence against or intimidation of persons
- When by reason or occasion of the robbery, homicide, rape, arson
or intentional mutilation is committed
o Robbery should still be the main intent. Accidental
deaths are included and the victim of the homicide need
not be the victim of the robbery
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 17/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 17
o Actual opening necessary
303. Robbery of cereals, fruits or firewood in an uninhabited place or
private building (penalty lower by one degree)
304. Possession of picklocks or other similar tools
- Offender possesses picklocks or similar tools
- That are especially adopted for committing robbery
- Offender has no lawful cause for such possession
305. False keys
- Tools mentioned in the next preceding article
- Genuine keys stolen from the owner
- Any keys other than those intended by the owner for use in the
lock forcibly opened by offender
308. Theft
Committed by any person who
- With intent to gain but without violence against or intimidation of
persons nor force upon things, takes property of another without
the latters consent
- Finds lost property and fails to deliver the same to the local
authorities or the owner.
o Must prove
Time of seizure of the thing
It was a lost property belonging to another
Accused had the opportunity to return it or
deliver to the authorities but had refrained from
doing so
o The finder in law or the authority to whom the lost
property was given and who subsequently does not
return it to the owner is guilty of theft
- After having maliciously damaged the property of the another,
removes or makes use of the fruits or object of such damage
- Enters an enclosed estate or a field where trespass is forbidden or
which belongs to another, and without the consent of the owner
shall hunt or fish upon the grounds or gather fruits, cereals or
other forest or farm products
1. Taking = placing the object of the theft under the offenders
control2. Personal property includes electricity and gas which can be
bought and sold and can be appropriated by another.
3. Consent not the same as the mere lack of opposition of the owner
of the property taken
4. Robbery = taking against the will of the owner BUT theft = taking
without the consent
5. Presumption that the person who possesses recently stolen
property is the thief
309. Penalties
- PM = property stolen is worth more than 12-22k but if the stolen
property is more than 22k, add one year for every additional 10k
value BUT should not exceed 20 years
- PC med-max = value is more than 6-12k
- PC min-med = value is more than 200-6k- AM med-PC min = more than 50-200 pesos
- AM max = value over 5 pesos 50 pesos
- AM min-med = less than 5 pesos
310. Qualified theft
Next higher by two degrees if
8/8/2019 Crim2 Midterms Ursua
http://slidepdf.com/reader/full/crim2-midterms-ursua 19/19
CRIMINAL LAW 2 MIDTERMS REVIEWER| 19
- By using fictitious name or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions; or by means of other similar deceits
- By altering the quality, fineness or weight of anything pertaining
to his or her art or business
- By pretending to have bribed any government employee, without
prejudice to the action for calumny, which the offended party
may deem proper to bring against the offender. Penalty is maxed
- BP 22
- By obtaining any food, refreshment or accommodation at any
establishment offering the same and without paying for it, withintent to defraud the manager or proprietor OR by obtaining
credit at such establishment by the use of any false pretenseOR
by abandoning or surreptitiously removing any part from his
baggage at such establishment after obtaining credit without
paying for his food, etc
Subdivision 3: Through any of the following fraudulent means
- By inducing another, by means of deceit to sign any document
- By resorting to some fraudulent practice to insure success in a
gambling game
- By removing, concealing or destroying in whole or in part any
court record, office files, document or any other papers.
ProvisionsAgainst persons
246 Parricide
247 Death or physical injuries inflicted under exceptional
248 Murder
249 Homicide
250 Penalty for frustrated, parricide or murder
251
252253
254
255