Criminal Law Review, Book 2

8/22/2019 Criminal Law Review, Book 2

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Criminal Law Review

Book 2

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONALS ECURITY & THE LAW OF NATIONS

The crimes against National Security:

Treason:

The breach of allegiance, which is the obligation of fidelity and obedience oneowns to the government or sovereign under which he lives, in return for theprotection he receives.

Evidence required for conviction of treason:

(a) testimony of at least two witnesses to the same overt act;

(b) confession of guilt in open court.

Treason distinguished from sedition:

Treason is the violation by a subject of his allegiance to his sovereign or thesupreme authority of the state while sedition is the raising of commotions ordisturbances in the state.

Treason distinguished from rebellion:

An act of levying war to help the enemy is treason, otherwise, it would berebellion. In treason, the purpose is to deliver the government to the enemy or topave the way for the coming of the enemy whereas, in rebellion the purpose is tosubstitute the government with their own.

Treason distinguished from Espionage:

Treason is essentially a war crime while espionage is committed in time ofpeace or war. Ordinarily, treason is committed by a person owing allegiance to acountry, while espionage is generally committed by a foreigner.


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Misprision of Treason:

Elements: (a)The offender must owe allegiance to the government of thePhilippines; (b) The offender is not a foreigner; (c) He has knowledge of aconspiracy to commit treason against the said government; and (d) Heconceals or fails to disclose the same to the authorities in which he resides.

Espionage: Two Modes of committing the crime:

Elements of the first mode:

(a) The offender without any authority enters a warship, for t, naval ormilitary establishment of reservation; and (b) He obtains information,plans, photographs, or other data of a confidential nature relative tothe defense of the Philippines.

Elements of the second mode:

(a) The offender is a public officer;

(b) He has in his possession the articles, data or information referred to inthe first mode of committing this crime;

(c) He discloses their contents to a representative of a foreign nation.

Inciting to War or Giving Motives for Reprisals;

Elements: (a) That the offender commits unlawful or unauthorized acts;and

(b) That said acts provoke or give occasion for a war involving or liable toinvolve the Philippines or expose Filipino citizens to reprisals on their

persons or property.

Violation of Neutrality (Art. 119)

Elements: (a) There is a war in which the Philippines is not involved;

(b) The competent authorities have issued regulations to enforceneutrality;

(c) The offender violates any of said regulation.

This crime is committed in time of war.

Piracy (Art. 122)

Piracy is robbery or forcible depredation in the high seas, without lawfulauthority and done animus furandi and in the spirit and intention of universalhostility.

Modes of committing piracy:

(a) By attacking or seizing a vessel on the high seas; (b) by seizing the whole orpart of the cargo or equipment of the vessel while on the high seas or thepersonal belongings of its complement or passengers; (c) the offenders notbeing members of the complement.

Mutiny is unlawful resistance to a superior officer, as the raising of commotionsand disturbances on board a ship against the authority of its commander.

Piracy distinguished from Mutiny. Both are felonies against the law of nations. Inpiracy, the attack of the vessel comes from the outside. The offenders arestrangers to the vessel that is, neither passengers nor members of the crew.


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Otherwise, the felony is mutiny. Intent to gain is an element of piracy; in mutiny, itis immaterial.

Qualified Piracy (Art. 123)

Special Qualifying circumstances are: (a) Seizure of the vessel by

boarding or firing upon the same; (b) Abandonment of victims without means ofsaving themselves; and (c) crime accompanied by murder, homicide, physicalinjuries or rape.

Title Two

CRIMES AGAISNT THE FUNDAMENTAL LAWS OF THE STATE

Arbitrary Detention-

It is the deprivation by a public officer of the liberty of a personwithout any legal ground. If the offender is a private person, illegal detention iscommitted

Kinds of Arbitrary detention:

1) Arbitrary Detention under Art. 124;

2) Delay in the Delivery of Detained Persons to the Proper Judicial Authorities(Art. 125);

3) Arbitrary Detention consisting in Delaying Release of a Prisoner (Art. 126)

Elements of Arbitrary Detention under Art. 124:

(a) Offender is a public officer or employee; (b) He detains a person;

and (c) without legal grounds.

Private individuals who conspired with public officers in detaining certainpolicemen are liable for arbitrary detention.

The legal grounds of detention are: (a) commission of a crime; (b) violentinsanity or other ailment requiring compulsory confinement of the patient in ahospital like leprosy.

Detention by a public officer may be made with or without a warrant ofarrest. If the arrest is made with a warrant, arbitrary detention under Art. 124 is notcommitted.

Section 5(a) of Rule 113 of the Revised Rules of Criminal Procedure.

Arrest without warrant; when lawful. A peace officer or a private personmay, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed,is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probablecause to believe based on personal knowledge of facts or circumstances that the

person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who9 has escapedfrom a penal establishment or place xxx xxx xxx.

Delay in the Delivery of Detained Persons to the Proper Judicial Authorities (Art. 126).

In this felony, the detention is legal but the public officer failed to deliver thedetained person to the roper judicial authorities within the period of: (a 12 hours foroffenses punishable by light penalties; (b) 18 hours for offenses punishable bycorrectional penalties; and (c) 36 hours for offenses punishable by afflictive penalties.This article applies only if the arrest is made without a warrant and it is lawful. This is a


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felony by omission.

Judicial authority means the court of justice or judges of said court vested withjudicial power to order the temporary detention or confinement of a person charged withhaving committed a public offense, that is the Supreme Court and such inferior courtsas may be established by law.

Crime of Expulsion (Art. 127)

This is committed by a public officer or employee who without authority of law (a)shall expel any person from the Philippines, or (b) shall compel such person to changehis domicile.

Violation of Domicile (Art. 128)This is committed by a public officer or employee who, not being authorized by

any judicial order performs any of the following acts:

(a) Shall enter any dwelling against the will of the owner thereof;

(b) Having entered the dwelling not against the will of the owner, shallsearch papers or other effects found therein without the previousconsent of the owner;

(c) Having surreptitiously entered the dwelling and being required toleave, shall refuse to do so.

If the entrance to the dwelling of another against the latters will iscommitted by a private person,t he crime is qualified trespass todwelling (Art. 280).

Malicious Procurement of Search Warrant and Abuse in the Service of SearchWarrant Legally Obtained (Art. 129).

Acts punished under this Article:(a) Procuring a search warrant without just cause;

(b) Exceeding the authority or using unnecessary severity inexecuting a search warrant legally obtained and the offender is apublic officer or employee. (290)

Searching Domicile without Witnesses (Art. 130).

A public officer commits this crime if with a valid search warrant, heshall search the domicile, papers or effects of a person in the absence of (a)the lawful occupant of the house; (b) or any member of his family; and (c) intheir absence, without the presence of two witnesses residing in the samelocality.

Prohibition ,Interruption and Dissolution of Peaceful meetings (Art. 131).

The offender is a public officer who commits any of the following acts:a. Without legal ground, shall prohibit or interrupt the holding of a

peaceful meeting or dissolve the same.

b. Shall hinder any person from joining any lawful association or fromattending any of its meetings.

c. Shall prohibit or hinder any person from addressing any petition tothe authorities for correction of abuses or redress of grievances.(292)


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Interruption of Religious Worship (Art. 132)

This is committed by a public officer in two ways: (a) preventing or (b)disturbing the ceremonies or manifestations of any religion (293)

Offending the Religious Feelings (Art. 133).

This is the only crime against eh fundamental laws of the State thatmay be committed not only by a public officer but also a private person.

The act of the accused must be (a) notoriously offensive to the feelingsof the faithful; (b) performed in a place devoted to a religious worship orduring the celebration of a religious ceremony.(294)

TITLE 3

CRIMES AGAINST PUBLIC ORDER

Rebellion or Insurrection (Arts. 134-135)Elements: (a) public armed uprising and (b) the purpose is either :

(1) to remove from the allegiance of the government or its laws, thePhilippine territory or any part thereof, or any body of land, naval or otherarmed forces, or

(2) to deprive the Chief Executive or the Legislature, wholly orpartially of any of their power or prerogatives.

The purpose of the uprising is political, that is to overthrow the dulyconstituted government in order to establish another form of government.

Rebellion distinguished from sedition.

In rebellion, the purpose is purely political while sedition, it is eitherpolitical or social. The political purpose of rebellion is to withdraw from theallegiance of the government or its laws, a part or the whole of the Phil.

Territory or a body of the armed forces or to deprive the Chief Executive orCongress their powers and prerogatives. In sedition, any other politicalpurpose of an uprising like the prevention of the execution of the laws or theholding of an election.

Disloyalty of Public Officers or Employees (Art. 137).

This is committed by public officers in three ways. (a) failing to resist arebellion by all the means of their power; (b) continuing to discharge theiroffice under the control of the rebels; or (c) accepting an appointment underthe rebels. There must be actual rebellion existing for the crime to becommitted..

Inciting to Rebellion or Insurrection (Art. 138).

The offender must not take up arms or is not in open hostility againstthe government. The means employed by the offender are speeches,writings, emblems or any similar means.

Sedition (Art. 139)

In this crime, there is a public and tumultuous uprising in order toattain by force, intimidation, or any other means outside of legal methods,the following objects:

a) preventing the execution of any law, administrative order or holding


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of any popular election;

b) preventing public officers from exercising their functions;

c) Inflicting any act of hate or revenge upon the person or property ofpublic officers;

d) Inflicting any act of hate or revenge against private persons or anysocial class;

e) Despoiling for any political or social end the property of any personor of the government or its political subdivision. ( 302-303).

Inciting to Sedition (Art. 142).

The offender must not take a direct part in any public of tumultuousuprising.Acts punished:

(a) Inciting others to commit sedition by means of speeches, writings,cartoons, banners or similar representations; and

(b) Uttering seditious speeches or writings or publishing scurrilouslibels against the government or any duly constituted authorities,

(1) Which tend to obstruct or disturb any public officer in theperformance of public functions

(2) Which tend to instigate others to cabal and meet togetherfor unlawful purpose;

(3) Which incite rebellious conspiracies or riots;

(4) Which tend to stir public disturbances; and

knowingly concealing such evil practices. (303)

The dangerous tendency rule and not the clear and present dangerrule is generally adopted in the Philippines regarding sedition cases. It isenough that the words used may tend to create the danger of public uprising.It is not necessary that there be a clear and present danger of thesubstantive evil which the law aims to prevent.

Illegal Assemblies (Art. 146)Kinds of Illegal Assemblies:

a) A meeting attended by armed persons for the purpose ofcommitting any of the crimes punishable under the Code.

b) A meeting in which the audience is incited to the commission

of the crimes of treason, rebellion or insurrection, sedition orassault upon a person in authority or his agent.

A person who carries with him an unlicensed firearm in said meetingshall be considered as the leader or organizer of the meeting.

Illegal Associations (Art. 147)


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Kinds of illegal associations;

(a) Those totally or partially organized for purpose of committing any ofthe crimes punishable under the Code; (b) Those totally or partiallyorganized for some purpose contrary to public morals.

Direct Assaults (Art. 148).Kinds of Direct Assault:

a) Without public uprising, by employing force or intimidation to attainany of the purpose enumerated in the crimes of rebellion orsedition.

Elements:

(a) That there be no public uprising;(b) Force or intimidation is employed; and

(c) To attain any of the purposes of rebellion or sedition.

b) by attacking employing force, seriously intimidating, or seriouslyresisting any person in authority or any of his agents, while engagein the performance of official duties or on the occasion of saidperformance.

Elements:

(a) No public uprising;

(b) Offender attacks or employs force or seriously intimidates orseriously resists another;

(c) Offended party is a person in authority or his agents;

(d) Offended party was assaulted while in the performance ofofficial duties or on the occasion of such performance; and

(e) Offender knows that the person assaulted is a person inauthority or his agent.

Under article 152, a Person in authority is any person directly

vested with jurisdiction, whether as an individual or as a member ofsome court or governmental corporation, board, or commission (exbarrio captain, brgy chairman, lawyers in actual performance ofduties, teachers).p 321#1

Under article 152, anAgent of Person in Authorityis any personwho by direct provision of law or by election or by appointment by

competent authority is charged with the maintenance of publicorder and the protection and security of life and property, and anyperson who comes to the aid of a person in authority shall bedeemed an agent of a person in authority. P322#1

Direct assault may be committed upon a private person who comes


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to the aid of a person in authority in view of the amendment of Art152 by RA 1978, sine he is then considered an agent of a person inauthority. P318 #13

The felony becomes qualified when the offender: (a) uses a weapon;

(b) is a public officer or employee; and (c) lays hands upon a person inauthority. (318).

Indirect Assault (art. 149) p319

Elements:1. That direct assault is committed against an agent of a person in

authority;

2. The offended party comes to the aid of said agent of a person inauthority; and

3. Offender uses force or intimidation upon the said offended party.

Under RA 1978, a private person who comes to the aid of a personin authority is now an agent of a person in authority. If such personprivate person is himself assaulted while coming to the aid of aperson in authority, direct assaultis committed.

However, if a private person who comes to the aid of an agent of aperson in authority on the occasion of a direct assault beingcommitted against the latter, is assaulted, indirect assaultiscommitted.

Usurpation of authority or official function (art. 177)Elements1. Knowingly and falsely, representing oneself to be an officer, agent

or representative of any department or agency of the PhilippineGovernment or of any foreign government;

2. Performing any act pertaining to any person in authority or publicofficer of the Philippine Government or any foreign government or

any agency thereof, under pretense of official position and withoutbeing lawfully entitled to do so.

Violation of Art 177 is not restricted to private individuals, Publicofficials may also commit this felony. P 358#2

Using Fictitious Name and Concealing True Name (art. 178)Elements of using a Fictitious Name1. Offender used a name other than his real name and the fictitious

name was used publicly in order

a. To conceal a crime;

b. To evade a judgment; or

c. To cause damage to public interest


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Elements of Concealing True Name1. Offender conceals his true name and other personal circumstances;

2. The purpose is in order to conceal his identity

Illegal Use of Uniforms or Insignia (art. 179)Elements

1. Offender publicly makes use of insignia, uniform or dress; and

2. The insignia, uniform or dress pertains to an office not held by theoffender or pertains to a class of persons of which the offender is not amember.

Exact imitation of the uniform is not necessary. Colorableresemblance calculated to deceive the common run of people andnot those thoroughly familiar with every detail or accessory issufficient. P360#2

False Testimony Against the Defendant (art 180)

False testimony is a declaration under oath of a witness in a judicialproceeding which is contrary to what is true, or to deny the same,or to alter essentially the truth

False testimony requires a criminal intent and cannot be committedthru negligence.

Against the defendant means a false testimony that tends toestablish or aggravate the guilt of the accused and not the resultthat said testimony may produce.

False Testimony Favorable to the Defendant (art 181)

Intent to favor the accused is essential in this kind of falsetestimony. However, it is not necessary that the false testimonygiven should directly influence the decision of acquittal.

False Testimony in other cases and perjury in Solemn affirmation(art. 183)

Perjuryis the willful and corrupt assertion of falsehood under oathor affirmation administered by authority of law on a materialmatter.

Elements:

1. Statement or affidavit upon material matter made under oath;

2. Before a competent officer authorized to receive and administersuch oath;

3. Willful and deliberated assertion of a falsehood by the offender;and


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4. The sworn statement containing the falsity is required by law

Material mattermeans the main fact which is the subject of theinquiry or any circumstances which tends to prove the fact. P363#3

Distinctions between false testimony and perjury Whileboth are perversions of the truth, false testimony is given in thecourse of a judicial proceeding, whereas perjury is an willful andcorrupt assertion of falsehood on a material matter under oath andnot given in judicial proceeding.

Offering False Testimony in Evidence (art. 184)Elements1. Offer in evidence a false witness or testimony;

2. Offender knows such falsity; and

3. Offer was made in a judicial or official proceeding

The felony is consummated the moment a false witness is offered inany judicial proceeding. Looking for a false witness is not punishedby law as that is not offering a false witness.

CRIMES COMMITTED BY PUBLIC OFFICERS

A Public Officer is any person who, by direct provision of law, popularelection or appointment by competent authority, shall take part in theperformance of public functions in the government of the Philippines, orshall perform in said government, or any of its branches, public duties asan employee, agent, or subordinate official, of any rank or class.

Malfeasance is the performance of some act which ought not to be done.

Misfeasance is the improper performance of some act which mightlawfully be done.

Nonfeasanceis the omission of some act which ought to be performed.

Knowingly Rendering Unjust Judgment (art. 204)Elements1. The offender is a judge;

2. He renders a judgment is a case submitted to him for decision;

3. Said judgment is unjust; and

4. He knows that said judgment is unjust

In order that a judge may be held liable for knowingly rendering anunjust judgment, it must be shown beyond reasonable doubt thatthe judgment adverted to is unjust as being contrary to law or asnot supported by the evidence and the same was rendered with


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conscious and deliberate intent to do an injustice.

Judgment Rendered Through Negligence (art. 205)Elements:

1. Offender is a judge;

2. He renders a judgment in a case submitted to him for decision;

3. Said judgment is manifestly unjust; and

4. It was committed thru inexcusable negligence

Manifestly unjust judgment is a judgment which cannot beexplained with reasonable interpretation or is a clearincontrovertible and notorious violation of a legal precept. It must

be patently contrary to law if rendered due to ignorance orinexcusable negligence.

Unjust Interlocutory Order (art. 206)Elements:1. Offender is a judge;

a. Knowingly rendering an unjust interlocutory order, or

b. by rendering a manifestly unjust interlocutory order byinexcusable negligence

Malicious delay in the administration of justice (art. 207) A judge who maliciously delays the administration of justice is guilty

of this article.

The act must be committed maliciously with deliberate intent toprejudice a party in the case.

Prosecution of Offense; Negligence and Tolerance (art. 208)

Acts Punished:

1. Maliciously refraining from institution of prosecution for thepunishment of violators of the law; and

2. Tolerating the commission of offenses.

Persons Liable:1. Any Public Officer;

2. Officer of the law

Malice is an integral element. Lack of zeal or any delay in theperformance of duties does not constitute the crime. There must bebad faith or criminal intent to favor the offender.


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Betrayal of Trust by an Attorney or Solicitor; Revelation of Secrets(art. 209)

Acts Punished:

1. Malicious breach of professional duty

2. Inexcusable negligence or ignorance

3. Revelation of secrets learned in his professional capacity; and

4. Undertaking the defense of the opposite party in a case withoutthe consent of the first client whose defense has already beenundertaken.

Frauds Against the Public Treasury and Similar Offenses (art. 213)Acts Punished:

1. Frauds committed by a public officer, who in his official capacityenters into an agreement with a person to defraud thegovernment regarding

a. Furnishing of supplies

b. Making of contracts; or

c. Settlement of accounts relating to public property orfunds;

2. Illegal exactions committed by a public officer in charge of thecollection of taxes, licenses, fees and other imposts by

a. Demanding an amount different or larger than that due;

b. Failing to issue receipt for money collected

c. Collecting as payment objects of a nature different fromthat provided by law

Other Frauds (art. 214) The public officer who, by taking advantage of his official position,

commits any of the estafas or deceits suffers the additional

penalties imposed by this article.

Prohibited Transactions (art. 215)Elements:

1. Offender is an appointive public officer;

2. During his incumbency, he becomes interested, directly orindirectly, in any transaction of exchange or speculation;

3. Within the territory of his jurisdiction

What the law punishes is the act of taking part in any business forgain or profit or of dedicating to commerce, the operations of whichare subject to the jurisdiction of the public officer.

Any interest in a transaction of exchange or speculation outside of


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the jurisdiction of the public officer is not punished.

Possession of Prohibited Interest by a Public Officer (art. 216)Persons Liable:

1. A public officer who, directly or indirectly, became interested inany contract or business in which it was his official duty tointervene;

2. Experts, arbitrators and private accountants, who, in likemanner, took part in any contract or transaction connected withthe estate or property in the appraisal, distribution oradjudication of which they have acted; and

3. Guardians and executors with respect to the property belongingto their wards or the estate.

Malversation of Public funds or property (art. 217)Elements:

1. Offender is a public officer;

2. By reason of his duties he is accountable for public funds andproperty; and

3. He appropriated, takes, or misappropriates, or throughabandonment or negligence permits other persons to take suchpublic funds or property, or otherwise is guilty of

misappropriation or malversation of such funds or property

Acts Punished:1. Appropriating public funds or property;

2. Taking or misappropriating the same;

3. Consenting or through abandonment or negligence, permittingany person to take the same; and Misappropriation ormalversation of such public funds or property.

A private person can also commit malversation when:

1. If he, in any capacity whatever, has charge of any insular,provincial or municipal funds.

2. If he takes a direct participation in the commission of themalversation of public funds or property by a public officer orcooperates in the commission of the same, he is guilty as a co-

principal.

Private funds or property may also be the subject of malversation.Art 22 provides that malversation may be committed upon propertyplaced in the custody of public officers by reason of their officeeven if such property belongs to a private individual.

Even if the funds belong to a private person they becomeimpressed with the characteristics of public funds or partake of thecharacteristics of public funds, when they are entrusted to an


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accountable public officer for his official custody.

Distinguished from estafa:

1. Malversation is committed by an accountable public officer,while estafa, by a private person or even a public officer whoacts in a private capacity;

2. Malversation deals with public property; estafa, with privateproperty; and

3. Malversation may be committed without personalmisappropriation, while estafa is committed by personalappropriation.

Return or reimbursement of the funds missing or misappropriated is amitigating circumstance if promptly made, but not if the return is madeafter sometime as it cannot then be considered analogous to voluntarysurrender.

Mere failure of an accountable officer to produce funds under his custodyon deman by any officer authorized to examine his account, is primafacie evidence of conversion and its refund even before commencementof criminal prosecution does not exempt him from criminal liability.

Failure of the Accountable Officer to Render Accounts (art. 218)

Elements:

1. Offender is a public officer in the service or separated therefrom;

2. He is accountable for public funds or property;

3. He is required by law or regulation to render account to the AuditorGeneral or to provincial auditor;

4. He fails to do so for a period of two(2) months after such accountsshould be rendered.

Failure of a Responsible Public Officer to Render Accounts beforeleaving the Country (art. 219)

Elements:

1. Offender is a public officer whether in active service or not;

2. He is accountable for public funds or property;

3. He leaves or attempts to leave the country without requisiteclearance from the Auditor General that his accounts have beensettled.

Illegal Use of Public Funds or Property (art. 220)

Also known as technical malversation.


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Elements:

1. Offender is an accountable public officer;

2. He applies public funds or property under his administration tosome public use; and

3. The public use for which the public funds or property were appliedis different from the purpose for which they were originallyappropriated.

Failure to make deliver of public funds (art. 221)Acts Punished:

1. Failure of public officer under obligation to make payment fromgovernment funds under his possession to make such payment;and

2. Refusal of public officer to make delivery of property under his

custody or administration after being ordered to do so bycompetent authority.

Infidelity in the Custody of Prisoners Thru Connivance (art. 223)Elements:

1. The offender is a public officer;

2. He has under his custody or charge a prisoner serving sentenceby final judgment or a detention prisoner; and

3. He connives with or consent to the escape of such prisoner.

Without connivance in the escape of the prisoner on the part of theperson charge, this crime is not committed.

Mere leniency or laxity in the performance of duties, does notconstitute infidelity.

Infidelity in the Custody of Prisoners Through Negligence (art. 224)Elements:


2. He is charged with the conveyance or custody of the escaping prisoner

3. The escape occurs thru his negligence.

Not every mistake is negligence. There must have been definite laxityamounting to deliberate nonperformance of duty.

Escape of Prisoner Under the Custody of a person not a public officer

(art. 225) The elements of this felony are similar to those specified in Art 223 and

224 except that the offender is a private person to whom theconveyance or custody of a prisoner or person arrested shall have beenconfided.


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Infidelity in the Custody of Official Documents (art. 226)Elements:


2. He abstracts, destroys, or conceals documents or papers;

3. Such documents or papers were entrusted to him by reason ofhis office; and

4. Damage to a third party or to the public.

Officers Breaking Seal (art. 227)Elements:


2. He has custody of papers or property;

3. Such papers or property have been sealed by authority; and

4. Offender breaks the seals or permits them to be broken without anyauthority.

Damage is not an element. The crime may be committed throughnegligence.

Officers Breaking Seal (art. 228)Elements:


2. He is not included in the provisions of Art 229 (Revelation of Secrets);

3. He is entrusted with the custody of closed papers, documents orobjects; and

4. He opens or permits the same to be opened without proper authority;

Revelation of Secrets by an Officer (art. 229)Elements:


2. He knows of a secret by reason of his office or he has in his chargepapers or copies of papers which should not be published; and hereveals said secret without authority or wrongfully delivers said papers.

The secrets referred to are those which have an official or public

character, the revelation of which may prejudice public interest.

These secrets do not include military secrets or those which affect thesecurity of the state as the latter may constitute espionage .

Public Officer Revealing Secrets of Private Individual (art. 230)


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Elements:


2. By reason of his office he came to know of the secrets of a privateperson; and

3. He reveals such secrets without authority.

Open Disobedience (art. 231)Elements:

1. Offender is any judicial or executive officer;

2. There is a judgment, decision or order of a superior authority madewithin the scope of the jurisdiction of the latter and issued with all legalformalities; and

3. Offender openly refuses to execute such judgment, decision or order.

The refusal must be intentional. It must be clear, manifest, and decisive ora repeated and obstinate disobedience in the fulfillment of an order.

Disobedience to Order of Superior Officer when said order wassuspended by Inferior Officer (art. 232)

Elements:


2. For a reason he has suspended the execution of an order of his

superior;

3. The superior has disapproved the said suspension and

4. Offender still disobeys his superior.

The order of the superior must be legal or issued within his authority.

The disobedience must be open and repeated

Refusal of Assistance (art. 233)Elements:


2. He fails to lend his cooperation towards the administration ofjustice or other public service; and

3. Said failure or refusal was made upon demand of competentauthority.

The refusal must be positively malicious.

Refusal to Discharge Elective office(art. 234)Elements:

1. Offender was elected by popular election to a public office; and


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2. He refuses without legal motive to be sworn in or to discharge theduties of said office.

Maltreatment of Prisoners(art. 235)

Elements:

1. The offender is a public officer or employee;

2. He has under his charge a prisoner or detention prisoner; and

3. He overdoes himself in the correction or handling of such prisonerby

a. The imposition of punishment not authorized by regulation;

b. Inflicting such punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession or to obtainsome information from the prisoner the felony becomes qualified. This isknown as third degree

If the person is not a convict or a detention prisoner, the crime committedwould either be coercion or physical injuries. Coercion, if the person notyet confined in jail is maltreated to make him confess his guilt. Physicalinjuries, if the person maltreated has already been arrested but is not yetbooked in the office of the police and put in jail.

Anticipation of Duties of a Public Office(art. 236)

Elements:

1. Offender by appointment or election is entitled to hold a publicoffice;

2. The law requires before assuming performance of duties of saidoffice that offender should be first sworn to or should first give abond; and

3. That offender assumes performance of said duties without firstbeing sworn to or without first giving a bond.

Prolonging Performance of Duties and Powers (art. 237)

Elements:


2. He continues to exercise the duties and powers of his office,employment or commission, beyond the period provided by law,regulations or special provisions applicable to the case.

Abandonment of Office or Position (art. 238)Elements:


2. He has tendered his resignation from his position;

3. His resignation has not yet been accepted; and

4. He abandons his office to the detriment of public service.


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Distinguished from dereliction of duty in abandonment of office, thepublic officer abandons the office to evade the discharge of his duty toprosecute any crime, whereas, in dereliction of duty (Art 208) the publicofficer does not abandon his office but merely fails to prosecute a violationof the law.

Usurpation of Legislative Powers (art. 239)Elements:


2. He encroaches upon the powers of the legislative branch of thegovernment; and

3. Such usurpation consists in making general rules or regulationsbeyond the scope of his authority by attempting to repeal a law orsuspending the execution thereof.

Usurpation of Executive Functions (art. 239)

Elements:

1. Offender is a judge; and

2. He assumes any power pertaining to the executive authorities orobstructs the latter

Usurpation of Judicial Function (art. 241)Elements:

1. Offender is an officer of the executive branch of the government;and

2. He assumes judicial powers or obstructs the execution of any orderor decision rendered by a judge within his jurisdiction.

Disobeying Request for Disqualification (art. 242)Elements:


2. There is a proceeding pending before him;

3. He has been lawfully required to refrain from taking cognizance ofsuch proceeding; and

4. He continues such proceeding before the question of jurisdictionhas been decided.

Orders or Requests by Executive Officers to any Judicial Authority(art. 243)

Elements:

1. Offender is an executive officer;

2. He addresses any order or suggestion to any judicial authority;

3. Such refers to any case or business coming within the exclusivejurisdiction of the court.

Unlawful Appointments (art. 244)Elements:


2. He nominates or appoints a person to a public office;


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3. Such person lacks the legal qualification for the office; and

4. He has knowledge of the lack of qualification of said person.

Abuses against chastity (art. 245)Elements of Paragraph 1:


2. There is pending before him a matter in which a women isinterested or with respect thereto, he is required to submit a reportto or consult with a superior; and

3. He solicits or makes indecent or immoral advances upon saidwoman.

Elements of Paragraph 2:

1. Offender is a warden or any other public officer charged with thecustody of prisoners or person under arrest; and

2. He solicits or makes immoral or indecent advances to a womanunder his custody.

If a person solicited is the wife, daughter, sister or relative within the samedegree by affinity of any person under the custody of such warden orpublic officer, the act punished under par 2 becomes qualified.

This crime is committed by mere solicitation or making of indecent orimmoral advances. Mere proposal consummates the crime.

CRIMES AGAINST PERSONS

Parricide (art. 246)Elements:

1. A person is killed;

2. Deceased is killed by the accused; and

3. Deceased is the father, mother or child, whether legitimate orillegitimate, or a legitimate ascendant or descendant, or legitimatespouse of the accused.

Proof of legitimacy is not required if the deceased is either the father,mother or the child of the accused.

The relationship, except the spouse, must be in the direct line and byblood.

Parricide of spouse requires proof of marriage.

A stranger who cooperates in the commission of parricide is guilty ofhomicide or murder only because of the absence of relationship.

The presence of any of the qualifying circumstances in murder will beconsidered generic aggravating in parricide.

Death or Physical Injuries Inflicted under Exceptional Circumstances


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(art. 247)Elements:

1. The offender is any legally married person;

2. He surprises his spouse in the act of committing sexual intercourse

with another person;

3. He kills or serious physical injuries are inflicted on any of them orboth of them; and

4. He does so during the act of sexual intercourse or immediatelythereafter.

The benefits of this article apply also to parents with respect to theirdaughter under 18 years of age and their seducers, while the daughtersare living with their parents.

Acts preparatory to carnal knowledge are not included as there must beactual sexual intercourse.

Immediately thereafter means that from the discovery to the escapeand the killing, there must be no interruption or interval time, that is, thediscovery, the escape, the pursuit and the killing must form part of onecontinuous act.

What is required is that the killing is the proximate result of the outrageoverwhelming the accused upon the discovery of the infidelity of hisspouse.

Murder (art. 248)Elements:

1. Offender does not fall under the law punishing parricide

2. He killed another under anyof the following attendantcircumstances

a. With treachery, taking advantage of superior strength, aidof armed men, employing means to weaken the defenseor of means or persons to insure or afford impunity;

b. In consideration of price, reward or promises;

c. Inundation, fire, poison, explosion, shipwreck, stranding ofa vessel, derailment or assault upon a street car orlocomotive, fall of an airship, by means of motor vehiclesor with the use of other means involving great waste andruin;

d. On occasion of any of the calamities enumerated in thepreceding paragraph, or an earthquake, eruption ofvolcano, destructive cyclone, epidemic or any other publiccalamity.

e. Evident premeditation; and

f. Cruelty, be deliberately and inhumanly augmenting thesuffering of the victim, or outraging or scoffing his personor corpse.l


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There is treachery where the attack, although frontal, is sudden andperpetrated in a manner tending directly and especially to insure itsexecution, free from danger and without risk to oneself, that the victimmight defend himself.

Homicide (art. 249)

Homicide is the unlawful killing of a person not constitutingmurder, parricide or infanticide.

Elements:

1. That a person has been killed;

2. That the act of the offender was the cause thereof; and

3. That the killing was not justified by law.

Death in Tumultuous Affray (art. 251)Elements:

1. That a person was killed in a tumultuous affray;

2. The actual killer is not known; and

3. The person or persons who inflicted the serious physical injuries orwho used violence are known.

Tumultuous Affray takes place when a quarrel occurs between severalpersons not comprising organized groups and they engage in a fit in aconfused and tumultuous manner, in the course of which some personsare killed or wounded and the author thereof cannot be ascertained.

If the one responsible for the killing is known, Article 249(Homicide)applies.

This article will not apply if there is a concerted fight between twoorganized groups.

Physical Injuries in a tumultuous affray (art. 252)Elements:

1. Theres a tumultuous affray;

2. Serious Physical injuries are inflicted

3. The person or persons who inflicted the serious physical injuries orwho used violence are known.

Giving Assistance to Suicide (art. 253) Giving assistance to suicide means giving means (arms, poison, etc) or

whatever manner of positive and direct cooperation (intellectual aid,

suggestion regarding the mode of committing suicide, etc.

If the person does the killing himself, the penalty is similar to that ofhomicide, which is reclusion temporal


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Discharge of Firearms (art. 254)Elements:

1. The accused shot at another with a firearm; and

2. He had no intent to kill

The crime cannot be committed thru imprudence.

If the firearm was directed at a person and the trigger was pressed but didnot fire, the crime is frustrated discharge of firearm.

If the discharge is not directed at a person, the crime may constitutealarm and scandal.

If serious physical injuries resulted from the discharge, the crimecommitted is the complex crime of serious physical injuries with illegal

discharge of firearm.

Infanticide (art. 255)Elements:

1. A Child was killed;

2. The decease child was less than three days (72 hours) of age;

3. The accused killed the said child

The penalty will correspond to that of parricide if the accused is related tothe child within the degree of relationship defined in parricide and if theoffender is stranger, the penalty corresponding to that of murder.

Intentional Abortion (art. 256)Elements

1. There is a pregnant woman;

2. That violence is exerted, or drugs or beverages administered, orthat the accused otherwise acts upon such pregnant woman;

3. That as a result of the use of violence or drugs or beverages upon

her, or any other act of the accused, the foetus dies, either in thewomb or after having been expelled therefrom;

4. The abortion is intended.

Unintentional Abortion (art. 257)Elements

1. Violence is employed upon a pregnant woman; and

2. Which causes the offended party to abort without knowing it.

Abortion practiced by the woman herself or by her parents (art. 258)

Elements1. There is a pregnant woman who has suffered an abortion

2. The abortion is intended

3. The abortion is caused by:

a. The pregnant woman herself;


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b. Any other person, with her consent, or

c. Any of her parents, with her consent for the purpose ofconcealing her dishonor.

Abortion practiced by a physician or midwife and dispensing of

abortives (art. 259)Elements1. There is a pregnant woman who has suffered an abortion

2. The abortion is intended

3. The offender, who must be a physician or midwife, causes or assistsin causing the abortion;

4. Said physician or midwife takes advantage of his or her scientificknowledge or skill.

Elements as to pharmacists:

1. The offender is a pharmacists

2. That there is no proper prescription from a physician

3. The offender dispenses any abortive.

Responsibility of Participants in a duel (art. 260) Duel is a formal or regular combat previously concerted between two

parties in the presence of two or more seconds of lawful age on each side,who make the selection of arms and fix all the other conditions of thefight.

Acts Punished

1. By killing ones adversary in a duel

2. By inflicting upon such adversary physical injuries.

3. By making a combat although no physical injuries have been inflicted.

Persons liable:

1. The person who killed or inflicted physical injuries upon his adversary,or both combatants in any other case, as principals.

2. The seconds as accomplices.

Challenging to a duel (art. 261)Acts Punished1. Challenging another to a duel

2. By inciting another to give or accept a challenge to a duel.

3. By scoffing at or decrying another publicly for having refused toaccept a challenge to fight a duel.

Mutilation (art. 262) Mutilation is the lopping or clipping off of some part of the body.

Kinds of Mutilation:

1. Mutilation of the reproductive organ which is called castration;


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2. Mutilation of any other organ.

Serious Physical Injuries (art. 263)Ways of Committing SPI

1. Beating

2. Assaulting

3. Wounding

4. Administering noxious substances

Kinds of SPI1. Where the injured person shall become insane, imbecile, impotent

or blind;

2. Where the injured person shall have lost the use of speech, powerto hear, power to smell, or shall have lost an eye, a hand, foot, arm,or use of any such member or shall have become incapacitated forthe work in which he was theretofore habitually engaged:

3. Where the injured person shall have become deformed, or shallhave lost any other part of his body, or the use thereof, or shallhave been ill or incapacitated for the performance of work in whichhe was habitually engaged for more than 90 days;

4. Where the injured person shall have become ill or incapacitated forlabor for more than 30 days.

Deformitymeans disfigurement. Its elements are:

1. Ugliness

2. Which is permanent and

3. visible

Administering Injurious Substances or Beverages (art. 264)Elements:1. the offender inflicted upon another any serious physical injury.

2. It was done by knowingly administering to him any injurioussubstances or beverages or by taking advantage of his weakness ofmind or credulity.

3. He had no intent to kill

Less Serious Physical Injuries (art. 265) These physical injuries are not covered in Articles 263 and 264

As a consequence, the offended party is:

a. Incapacitated for labor for 10 days to 30 days; or

b. Shall require medical attendance for the same period.


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Slight Physical Injuries (art. 266) Kinds

1. Physical injuries which incapacitated the offended party forlabor from one (1) to nine (9) days, or required medicalattendance during the same period.

2. Physical injuries which did not prevent the offended partyfrom engaging in his habitual work or which did not requiremedical attendance.

3. Ill-treatment of another by deed without causing injury.

Criminal Law Review, Book 2

Documents

Transcript of Criminal Law Review, Book 2