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CRIMINAL LAW Formatted: Font color: Auto

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CONSTITUTIONAL LIMITATIONS ON POWER OF CONGRESS TO ENACT

PENAL LAWS

1. What are the constitutional provisions limiting the power of Congress to enact penal laws? (2012 Bar
Exam)
The constitutional provisions limiting the power of Congress to enact penal laws are the following:
a. The law must not be an ex post facto law or it should not be given a retroactive effect (CONST, Art. III, Sec.
22).
b. The law must not be a bill of attainder, meaning it cannot provide punishment without judicial proceedings
(CONST, Art. III, Sec. 22).
c. The law must not impose cruel, unusual, or degrading punishment (CONST, Art. III, Sec. 19[1]).
d. No person shall be held to answer for a criminal offense without due process of law (CONST, Art. III, Sec.
14[1]).
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FUNDAMENTAL PRINCIPLES Formatted: Centered, Indent: Left: 0.25", Space After: 0 pt,
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StephenPetitioner Biboy, a fourth year law student, was charged with murder for the killing of a prominent
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lawyer. Due to distrust and doubts against the impartiality of lawyers who could possibly represent him, he
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insisted that he be allowed to represent himself, invoking his constitutional right to self-representation.
May this be allowed?

NO, it may not be allowed. Unlike in civil cases, the constitutional right to counsel of an individual cannot be
waived in criminal cases. The Supreme Court has held that the reason for the discrepancy is that even the most
intelligent or educated man may have no skill in the science of law, particularly in the rules of procedure, and
without counsel, he may be convicted not because he is guilty but because he does not know how to establish his
innocence. Although a law student, the petitioner still cannot be considered competent enough to represent
himself. It will be allowed if he were a lawyer himself.

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2. Suppose that a law was passed lifting the suspension of the death penalty. Likewise, the law providing Line spacing: single
for death penalty by way of lethal injection was again given effect. Petitioner AmpatuanStephenMartin Formatted: Font: (Default) Arial, 10 pt, Bold
was among the first in line for execution after the lifting of the suspension. HePetitioner assails the Formatted: List Paragraph, Justified, Outline numbered +
validity of the law and contends that death by lethal injection constitutes cruel, degrading and inhuman Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +
punishment. Rule on the petitioner’s contention. Alignment: Right + Aligned at: 0" + Indent at: 0.25"
The petitioner’s broad contention standing alone is not meritorious. Death penalty per se is not a cruel, Formatted: Font: (Default) Arial, 10 pt, Bold
degrading or inhuman punishment. The Supreme Court has held that "punishments are cruel when they involve
torture or a lingering death; but the punishment of death is not cruel, within the meaning of that word as used in Formatted: Font: (Default) Arial, 10 pt, Bold
the constitution. It implies there something inhuman and barbarous, something more than the mere Formatted: Font: (Default) Arial, 10 pt
extinguishment of life.” Unless petitioner is able to substantiate his claim with concrete evidence that the Formatted: List Paragraph, Justified, Indent: Left: 0.25"
procedure or drugs involved in the law would result to the effects prohibited by the constitution.,, the law will
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remain valid.

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PROSPECTIVITY Formatted: Centered, Indent: Left: 0.25", Space After: 0 pt,

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3. Explain the different effects of repeal of penal laws on criminal liability. Formatted: Font: Bold, Underline
If the repeal is absolute, the crime is obliterated and the act penalized under the old law is no longer Formatted: Font: (Default) Arial, 10 pt, Bold
punishable. Thus, a pending case charging the accused of the repealed crime is to be dismissed without any
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precondition. Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +
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If the repeal is only partial, such that it imposes a lighter penalty or establishes conditions that are more
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favorable to the accused, then the new penal law can be given a retroactive effect. This exception to the rule on
the prospective application of penal laws has no application where the new law is expressly made inapplicable Formatted: List Paragraph, Justified, Indent: Left: 0.25"
to pending actions or existing causes of actions or where the offender is a habitual criminal under Rule 5,
Article 62 of the RPC. Formatted: Font: Bold

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BOOK ONE Formatted: Indent: Left: 0"
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TERRITORIALITY
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2.4. Ken, married to Barbie, contracted another marriage in Hong Kong with Kendra. Thereafter, Ken and Formatted: Outline numbered + Level: 4 + Numbering Style:
Kendra returned to the Philippines and lived as husband and wife. Can Ken be prosecuted for Bigamy? 1, 2, 3, … + Start at: 4 + Alignment: Right + Aligned at: 0" +
NO. Ken may not be prosecuted for bigamy. Under the principle of territoriality, penal laws, Indent at: 0.25"
specficiallyspecifically the RPC, are enforceable only within the bounds of the Philippine territory, unless the act
is one that falls under the enumerations in Article 2 of the RPC. Bigamy is not among the enumerated acts in
ArticcleArticle 2. Hence, the bigamous marriage contracted by Ken in Hong Kong is not punishable.

3.5. Aboard M/V Princess of the Stars which was then sailing in the Pacific Ocean, an altercation Formatted: Outline numbered + Level: 4 + Numbering Style:
commenced between Coco, a Filipino seaman, and Vaness, a Taiwanese seaman, wereinwere in the 1, 2, 3, … + Start at: 4 + Alignment: Right + Aligned at: 0" +
former stabbed the latter to death. The vessel is owned by Henrich Sy, a Filipino business tycoon, and Indent at: 0.25"
is registered in South Korea. When the vessel reached the Philippine Port in Batangas, the captain
turned over Coco to the Philippine authorities. He was charged with homicide. Coco moved for the
quashal of the information on the ground of lack of jurisdictinon. If you were the Judge, will you grant
the motion?
YES, the motion to quash the information must be granted. The Philippine Courts do not have jurisdiction over
crimes committed outside of its territory (RPC, Art. 2). The exceptions are found in Article 2 of the RPC, one of
which provides that the RPC applies against those who should commit an offense while on a Philippine ship or
airship. It is the registration of the vessel in accordance with Philippine law and not the citizenship of the owner
which makes it a Philippine ship.
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Here, the act was committed in the high seas and on board a vessel registered in South Korea. Hence, the crime Formatted: Indent: Left: 0"
done is punishable under the laws of the country of its registry.
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MALA IN SE v. MALA PROHIBITA 1, 2, 3, … + Start at: 6 + Alignment: Right + Aligned at: 0" +
Indent at: 0.25"
4.6. Distinguish malaum in se from malaum prohibitatum. Formatted: Font: Italic
Malaum in se is are those crimes where the act done is inherently bad, evil and wrong in nature, such that it
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isthey are generally condemned. The moral traits of the offender are taken into account in punishing the crime.
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Malum a prohibituma is are those crimes where the act done is not inherently bad, evil or wrong but prohibited Formatted: Font: Italic
by law for public good and welfare. Anyone who voluntarily commits the prohibited act incurs the crime.
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5.7. Felipe was charged with illegal possession of dangerous drugs. He interposed the defense that he has Formatted: Indent: Left: 0", Hanging: 0.25", Outline
no knowledge as to where the illegal drugs were found as he was not in possession of the same, and numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
alleged that the bricks of marijuana were merely planted by the police operatives in his house. Is the 6 + Alignment: Right + Aligned at: 0" + Indent at: 0.25"
defense tenable?
No. Illegal possession of regulated drugs is mala prohibita, and, as such, criminal intent is not an essential
element. However, the prosecution must prove that the accused had the intent to possess (animus posidendi)
the drugs. The finding of illicit drugs and paraphernalia in a house or building owned or occupied by a particular
person raises the presumption of knowledge and possession thereof which, standing alone, is sufficient to
convict. (People v. Dela Trinidad, G.R. No. 199898, September 3, 2014)
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Hyphenate
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BOOK ONE

CRIMINAL LIABILITY
6.8. Francis and Joan were sweethearts, but their parents objected to their relationship because they were Formatted: Indent: Left: 0", Hanging: 0.25", Outline
first cousins. They forged a pact in writing to commit suicide. The agreement was to shoot each other numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
in the head which they did. Joan died. Due to medical assistance, Francis survived. Is Francis 6 + Alignment: Right + Aligned at: 0" + Indent at: 0.25"
criminally liable for the death of Joan? Explain. (Bar Exam, 2008)
YES, Francis is criminally liable. Article 4(1) of the Revised Penal Code states that criminal liability shall be
incurred by any person committing a felony although the wrongful act done be different from that which he
intended. His act of shooting, although done pursuant to a solemn pact, is nevertheless felonious and is the
proximate cause of Joan’s death.

7.9. Angel was married to Jericho. One morning, after a series of unfortunate events which prevented her Formatted: Indent: Left: 0", Hanging: 0.25", Outline
from catching a ride to her errand, she finally decided to just go back home. At home, she found numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
Jericho in the act of sexual intercourse with Maja. The two were startled, but Maja was quick to aim her 6 + Alignment: Right + Aligned at: 0" + Indent at: 0.25"
gun at Angel. Angel managed to escape the scene, but in less than an hour, she was able to find a gun
and pursued Maja in her favorite mahjong place. Upon seeing Maja, Angel fired several shots.
Incidentally, Maja’s mahjong playmates, Kim and Sarah, were also hit. Maja died instantaneously. Kim
and Sarah suffered fatal injuries. Is Angel liable for frustrated murder against Kim and Sarah?
NO, Angel is not liable for frustrated murder in so far as Kim and Sarah are concerned. Although as a rule
under Article 4 of the RPC, one committing an offense is liable for all the consequences of his act, that rule
presupposes that the act done amounts to a felony. Here, Angel was not committing murder when he fired
upon the deceased. Inflicting death under exceptional circum stances under Article 247 of the RPC is not Formatted: Font color: Auto
murder. Article 247 instead247 instead grants a privilege or benefit to the accused for the killing of another or
the infliction of serious physical injuries under the circumstances therein mentioned.

IMPOSSIBLE CRIME

8.10. Dora received a check from Bob as the latter's payment for his purchases from Dora's employer, Formatted: Indent: Left: 0", Hanging: 0.25", Outline
Patrick. Dora never remitted the check to Patrick. Dora tried to encash the check in order to appropriate numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
the proceeds thereof. However, the check issued by Bob bounced. It was only when Bob tried to make 6 + Alignment: Right + Aligned at: 0" + Indent at: 0.25"
amends with Patrick coupled with an immediate offer for a payment in cash that Patrick learned of a
certain check. Dora was sued for qualified theft. Will the action prosper?
NO, the action for qualified theft will not prosper as there is here an impossible crime contemplated under
Article 4, par. 2 of the RPC. Note that in theft cases, the personal property subject of theft must have some
value, as the evil intent is to gain from the thing stolen.

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As of the time that Dora took possession of the check meant for Patrick, she had already performed all the acts
to consummate the crime of qualified theft, had it not been impossible of accomplishment in this case. Dora's
evil intent cannot be denied, as the mere act of unlawfully taking the check meant for Patrick showed her intent
to gain or be unjustly enriched. Were it not for the fact that the check bounced, she would have received the
face value thereof, which was not rightfully hers. It was only due to the extraneous circumstance of the check
being unfunded, a fact unknown to petitioner at the time, that prevented the crime from being produced. The
thing unlawfully taken by petitioner turned out to be absolutely worthless, because the check was eventually
dishonored. (Jacinto v. People, G.R. No 162540, July 13, 2009)

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ERROR IN PERSONAE/ ABERRATIO ICTUS/ PRAETER INTENTIONEM
9.11. Distinguish error in personae from aberratio ictus and from praetor intentionem. Formatted: Outline numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 6 + Alignment: Right + Aligned at: 0" +
Error in personae Abberatio ictus Praetoer iIntentionem Indent at: 0.25"
In error in personae or In aberratio ictus or error in In praetor intentionem, the Formatted: Font color: Background 1
mistake in the identity, there is the victim of the blow (mistake injury is on the intended victim Formatted: Font color: Background 1
involved only one offended in the blow), the offender but the resulting consequence
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party but the offender intents the injury on one is so grave a wrong than what
committed a mistake in persons but the harm fell on is intended. Generally, it is a Formatted: Font color: Background 1
ascertaining the identity of the another. There are three mitigating circumstance under
victim. There are two persons persons present: the offender, Art. 13(3) of the RPC.
who are present, the offender the intended victim and the However, if the means used to
and the actual victim. In terms actual victim. Consequently, commit the desired crime
of criminal liability, Article 49 of the act may result in a would logically and naturally
the RPC shall govern – complex crime (delito bring about the actual felony
imposable penalty would compuesto), under Article 48, committed, it shall not be
depend on whichever has the or in two or more separate appreciated.
lower penalty between the felonies depending on whether
crime committed and the crime the resulting felonies are
intended. grave, less grave or light.

STAGES OF EXECUTION

10.12. Illustrate the rules on crimes against persons (MHPI) and stages of execution. Formatted: Outline numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 6 + Alignment: Right + Aligned at: 0" +
Crime Indent at: 0.25"
Death Results Intent to Kill Gravity of the wound
Committed Formatted: Font color: Background 1
Yes Presumed Mortal wound Consummated
No Yes Mortal Frustrated (MHPI)
No Yes Non-mortal Attempted MHPI
Overt act only – no
No Yes Attempted MHPI
wound
No No Mortal wound Serious physical injuries
No No Non-mortal wound Less serious/ slight physical injuries
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13. At around 1:00 o’clock in the morning, AAA and BBB went to sleep. Less than an hour later, AAA was Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.25",
awakened when she felt that somebody was on top of her. Norberto was mashing her breast and Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
touching her private part. AAA realized that she was divested of her clothing and that she was totally Start at: 6 + Alignment: Right + Aligned at: 0" + Indent at:
0.25"
naked. Norberto ordered her not to scream or she’ll be killed. AAA tried to push Norberto away and
pleaded to have pity on her but her pleas fell on deaf ears. She fought back and kicked Norberto twice,
hence. Norberto was not able to pursue his lustful desires. What crime did Norberto commit?
11. Norberto offered her money and told her not to tell the incident to her mother otherwise, she will be Formatted: Indent: Left: 0.25", No bullets or numbering
killed. AAA went out of the tent to seek help. Which crime was committed?
Acts of lasciviousness. The intent of the offender to lie with the female defines the distinction between Formatted: List Paragraph
attempted rape and acts of lasciviousness. The act of merely climbing on top of a naked female does not
constitute attempted rape without proof of his erectile penis being in a position to penetrate the female's vagina.
Here, the direct overt acts that would have produced attempted rape did not include equivocal preparatory acts.
As a rule, preparatory acts are not punishable under the RPC for as long as they remained equivocal or of
uncertain significance, because by their equivocality no one could determine with certainty what the
perpetrator’s intent really was. (Cruz v. People, G.R. No. 166441, October 8, 2014)

CONSPIRACY
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12.14. Discuss the liability of parties when there is conspiracy. Formatted: Indent: Left: 0", Hanging: 0.25", Outline
When conspiracy is established, the act of one is considered as the act of all. Hence, all the participants are numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
equally liable for all the consequences of the felony committed, irrespective of the quantity or quality of the 6 + Alignment: Right + Aligned at: 0" + Indent at: 0.25"
participation and whether the conspiracy is pre-planned or instantaneous. By way of exception, the conspirator Formatted: Font: (Default) Arial, 10 pt, Bold
is not liable for the acts done by the others which are not the object of the conspiracy or which are not the Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.25",
logical consequence thereof. The exception to the exception is when the act constitute a single indivisible Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
offense. Start at: 6 + Alignment: Right + Aligned at: 0" + Indent at:
0.25"
15. What are the distinctions between the liability of a conspirator and that of a member of a band where Formatted: Font: (Default) Arial, 10 pt
the crime committed by them is attended by other crimes committed on the same occasion?
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A conspirator is liable only for such other crimes which could be foreseen and which are the natural and logical
consequences of the conspiracy. Accordingly, were the agreed purpose of three conspirators was only to Formatted: Font: (Default) Arial, 10 pt
commit robbery, the accused who raped the victim was liable for robbery with rape, but his two companions Formatted: List Paragraph, Indent: Left: 0.25"
who did not participate in that sexual assault were held guilty only of robbery.
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A member of a band in a robbery en cuadrilla, on the other hand, is liable for all assaults, inclusive of rape and Formatted: List Paragraph, Indent: Left: 0.25"
homicide, where he was present when these other crimes were being committed but he did not attempt to Formatted: List Paragraph, Indent: Left: 0.25"
prevent the same (Par. 2, Art. 296), regardless of whether or not these additional offenses were foreseeable or Formatted: Font: (Default) Arial, 10 pt, Bold
logical consequences of the robbery.
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Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 6 + Alignment: Right + Aligned at: 0" + Indent at:
16. Discuss the liabilities of a lookout if both conspiracy to rob and cuadrilla are present and the crimes of 0.25"
homicide and/or rape were committed on the occasion of the robbery. Formatted: Indent: Left: 0.25", Hanging: 0.25"
a. If a homicide was committed, the lookout is liable therefore under the conspiracy theory;
b. If a rape was committed and the lookout was present but did not try to prevent it, he will be liable under the Formatted: Indent: Left: 0.25", Hanging: 0.25", Space
After: 0 pt, Numbered + Level: 1 + Numbering Style: a, b, c,
cuadrilla rule; and … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent
c. If the lookout was not present when the homicide and the rape were committed, he will not be liable for the at: 0.25", No widow/orphan control
rape but he will still be liable for the homicide under the conspiracy theory.
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17. Harry, Niall, Zayne, and Louie Joey, Gabby, Virgil, Peter, and Ed conspired to rob the house of Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.25",
MileyBerna as they thought her entire family was out on a holiday trip. As they were ransacking the Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 6 + Alignment: Right + Aligned at: 0" + Indent at:
belongings inside the house, BernaMiley came out of the bathroom covered by just a towel. She 0.25", No widow/orphan control
screamed when she saw the fourive robbers but they held her arms and covered her mouth.
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GabbyZayne then said that he will go out of the house to see if anyone will come to Berna'Miley’s
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rescue because her screams were loud enough to be heard by the neighbors. Joey and VirgilHarry and
Niall continued to look for things of value in other parts of the house while Peter and EdLouie tied up Formatted ...
BernaMiley. When BernaMiley was left alone, she screamed relentlessly for help. VirgilNiall then rushed Formatted ...
to the part of the house where BernaMiley was and stabbed her to death. All fivefour then fled the Formatted ...
scene of the crime.
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a. What are the respective liabilities of Joey, Gabby, Virgil, Peter, and EdHarry, Niall, Zayne, and Formatted ...
Louie? Formatted ...
The settled rule is that where there is proven conspiracy to commit robbery but a homicide is likewise
committed, all are liable for robo con homicido whether or not they participated in the killing (People v. Formatted ...
Puno, G.R. No. L-31594, April 20, 1974). Hence, even if it was only VirgilNiall who stabbed the victim, all Formatted ...
fivefour of the accused are guilty of the above mentioned crime under the conspiracy theory as homicide is Formatted ...
a foreseeable, natural and logical consequence of the conspiracy to commit robbery.
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b. Assuming that four of them were all armed, wWill your answer be the same if GabbyZayne re- Formatted ...
entered the house and saw PeterLouie raping BernaMiley but he did not try to prevent the same? Formatted ...
It depends if GabbyZayne was in a position to prevent the rape.
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A member of a band in a robbery en cuadrilla, is liable for all assaults, inclusive of rape, where he was Formatted ...
present when other crimes were being committed but he did not attempt to prevent the same, regardless of Formatted ...
whether or not the additional offenses were foreseeable or logical consequences of the robbery. This is an
Formatted ...
exception to the foregoing rule on conspiracy (People v. Navasca, G.R. No. L-28107, March 15,
1977).However, if he was not in a position to prevent the additional assault on the victim, he will not be Formatted ...
liable therefore, and only the killer will be liable for the homicide under the doctrine of limited liability Formatted ...
(People v. Basisten, et al., 47 Phil. 493)..
Formatted ...
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Assuming rape and homicide were also committed, will your answer be the same if Gabby did not
re-enter the house and hence was not present when both crimes were committed? Formatted ...
Yes. If Gabby, acting as a lookout, was not present when the homicide and the rape were committed, he Formatted ...
will not be liable for the rape but he will still be liable for the homicide under the conspiracy theory.
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State the concept of “implied conspiracy” and give its legal effects. Formatted ...
18. Formatted ...
On matters of conspiracy, it is a settled rule that it need not be proven by direct evidence of prior agreement on
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the commission of the crime as the same can be inferred from the conduct of the accused before, during and
after the perpetration of the offense showing that all the accused acted in unison with each other, evincing a Formatted ...
common purpose or design (People v. Pablo, et al., G.R. Nos. 120394-97, January 16, 2001). Formatted ...
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The legal effects of an implied conspiracy are: Formatted ...
a. Not all those who are present at the scene of the crime will be considered conspirators; Formatted ...
b. Only those who participated by criminal acts in the commission of the crime will be considered as co-
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conspirators; and
c. Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, Formatted ...
shall not render one criminally liable as co-conspirator. Formatted ...
c.
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15. A, B, C, and D decided to kill F. Armed with knives, they proceeded to the house of F on board the taxi
of E. Upon reaching their destination they instructed E to wait for them at a near gasoline station and Formatted ...
said that they will just get something. The original plan was that B would be the lookout, C and D would Formatted ...
stand as guards outside F’s house and A would go inside the house. However, D, feeling really
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nervous, suddenly left without the knowledge of his companions. A then stealthily entered the house
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and stabbed F, and G, a friend of F who was visiting him at that time. Thereafter, A, B and C returned to
the waiting taxicab and ran away. G died. F survived. Discuss the liability of A, B, C, D and E for the
death of G and the injuries suffered by F.
For the death of G, A alone should be held liable because the object of the conspiracy was to kill F only. Since
the other conspirators B, C, and D did not know of the stabbing of G, they cannot be held criminally therefor.

For the injuries suffered by F, only A, B and C should be held liable. Upon establishment of conspiracy, all who
participated therein, irrespective of the quantity or quality of his participation is liable equally. Thus, even if it
was only A who actually stabbed F, B and C are nonetheless liable for conspiring with A and for contributing
positive acts which led to the realization of a common criminal intent.

D, however, although part of the conspiracy, cannot be held liable because conspiracy to commit a felony
without actual participation to the execution of the act is not punishable under the law.

As to E, he cannot be also held liable for the physical injuries of F because there is no showing that he had
knowledge of the plan to commit the crime and the execution thereof.

16. A,B,C,D and E met at F’s residence and finalized and agreed on the plan to rob the house of G’s former
landlady, Aling Nena. At this meeting, G was absent. It is established, though, that after C had sketched
the intended victim’s house and its surrounding, G explained the location of the said house in relation
to the surrounding streets and, the points thereof through which entrance and exit should be effected.
A, B, C, and D set out for the execution of their plan. They all walked together towards Aling Nena’s
residence. Only D and E actually entered the victim’s premises because, as was earlier agreed upon, B
acted as the lookout for the two and he simply posted himself by the gate of said house. D and E
gained entrance to the house through its back kitchen door which they found to be open. Once inside,
D then pointed the gun at the old lady and intimidated her into producing all the money and jewelry she Formatted: Font: (Default) Arial, 10 pt
could. All in all, he obtained P100,000.00. They were all charged with the crime of robbery. G however Formatted: Normal, Indent: Left: 0"
interposed the defense that he did not participate in the act of robbery. Is the contention correct?
YES. Conspiracy to commit a felony without actual participation to acts not contemplated in the conspiracy as Formatted: Font: (Default) Arial, 10 pt
well as non-interference thereto cannot give rise to criminal liability for said acts. While it seems proven that G Formatted: Normal, Indent: Left: 0"
did participate in the first 2 meetings in discussing the plan to commit the robbery by answering A’s question Formatted: Font color: Auto
relating to the intended house and its surrounding streets and the means of entrance thereto and the channels
Formatted: Indent: Left: 0", Numbered + Level: 1 +
of exit therefrom, the evidence is as much that, thereafter, his involvement with the conspiracy ceased.
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Consequently, even if G’s participation in the first meeting sufficiently involved him with the conspiracy, such + Aligned at: 0.5" + Indent at: 0.75"
participation and involvement, however, would be inadequate to render him criminally liable as a conspirator.
Formatted: Font: Bold
Conspiracy alone, without the execution of its purpose, is not a crime punishable by law, except in special
instances which, however, do not include robbery. Formatted: Font: Bold, Font color: Auto
Formatted: Font color: Auto
Formatted: Font: Bold, Underline, Font color: Auto
Formatted: Font: Bold, Underline
- insert concepts of implied conspiracy and conspiracy cases under new jurisprudence - Formatted: Font color: Auto
Formatted: Font: Bold, Underline, Font color: Auto
JUSTIFYING CIRCUMSTANCES/ EXEMPTING CIRCUMSTANCES Formatted: Font: Bold, Underline
Formatted: Font color: Auto
17.19. What is the Battered Woman Syndrome? What are its effects on criminal liability?
Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms Formatted: Font: Bold, Underline, Font color: Auto
found in women living in battering relationships as a result of cumulative abuse as provided under Republic Act Formatted: Font: Bold, Underline
9262, known as the Anti-Violence against Women and their Children Act of 2004. It is characterized by a “cycle
Formatted: Font color: Auto
of violence” which has three phases (TAT): (1) tensionTension-building phase; (2) the acute Acute battering
incident; and (3) the tranquil Tranquil or non-violent phase. However, the SC said in People v. Genosa G.R. Formatted: Font: Bold, Font color: Auto
No. 135981 January 15, 2004, that in order for a woman to be considered as a “battered woman”, the couple Formatted: Font color: Auto
must go through the cycle of violence at least twice. Any woman may find herself in an abusive relationship
Formatted: Right

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with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered
woman.

As a defense from criminal liability, victim-survivors who are found by the courts to be suffering from Battered
Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the RPC (R.A. No. 9262, Sec. 26).

18.20. Hobbes constructed a small house in a piece of land which he believed to be a disposable public land. Formatted: Indent: Left: 0", Numbered + Level: 1 +
He had been occupying the lot for over a year. One day, Dewey came and claimed ownership over the Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
land. Dewey proceeded in dismantling the house of Hobbes. The latter pleaded Dewey to stop but his + Aligned at: 0.5" + Indent at: 0.75"
plea fell on deaf ears. Thereupon, Hobbes pulled Dewey to prevent him from further dismantling the
house. In the process, Dewey fell to the ground and suffered physical injuries. Is Hobbes liable for the
crime of physical injuries?
NO. Hobbes is not liable because he has the right to employ reasonable force to repel or prevent an actual or
threatened assault on his property (NCC, Art. 429). His act of pulling Dewey was reasonably necessary to
protect his possessory rights over his property.

EXEMPTING CIRCUMSTANCES
19.21. JC and Danda have been married for almost 5 years. Bored by his monogamous life, JC entered law Formatted: Indent: Left: 0", Numbered + Level: 1 +
school and met his childhood sweetheart Stella. They then decided to elope and start a new life Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
together. After 1 week, Stella decided to stop the affair and told JC that she was going back to the US. + Aligned at: 0.5" + Indent at: 0.75"
Clouded by disappointment and anger, he strangled Stella to death while she was taking a bath. The
following morning, he was found catatonic inside his room. He was brought to a doctor where he was
diagnosed to be mentally unstable. What is the effect of JC’s insanity with respect to his criminal
liability?
JC’s plead of insanity will not work to exempt him from his criminal liability. Even assuming that JC was insane
when diagnosed after he committed the crime, insanity as a defense to the commission of the crime must have
existed and proven to be so existing at the precise moment when the crime was being committed. The facts
indicate that JC committed the crime with discernment.

The effect of the diagnosis made by the doctor is possibly a suspension of the proceedings against JC and his
commitment to an appropriate institution for treatment until he could already understand the proceedings.

MITIGATING CIRCUMSTANCES

22. What are the distinctions between a privileged mitigating circumstance and an ordinary mitigating Formatted: Indent: Left: 0", Numbered + Level: 1 +
circumstance? Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
If present in the commission of a felony, a privileged mitigating circumstance reduces the penalty to be imposed + Aligned at: 0.5" + Indent at: 0.75"
upon the accused by degree. An ordinary mitigating circumstance reduces the penalty by period. Formatted: Indent: Left: 0.25", No bullets or numbering
A privileged mitigating circumstance cannot be offset by a generic aggravating circumstance but an ordinary
mitigating circumstance can be offset by a generic aggravating circumstance.
Formatted: Font: Not Bold
23. Patrick wounded Sandy because the latter made a remark in the presence of the accused that the Civil Formatted: Indent: Left: 0", Numbered + Level: 1 +
Service Commission is a “hangout of thieves.” Patrick felt alluded to because he was facing then Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
several criminal and administrative charges on several counts involving public funds. Can Patrick’s + Aligned at: 0.5" + Indent at: 0.75"
liability be mitigated on the ground that his act was done in the immediate vindication of grave
offense?
20.NO. The remark itself was general in nature and not specifically directed to Patrick. Other people in the vicinity Formatted: Indent: Left: 0.25", No bullets or numbering
could not have possibly known that the victim was insulting the accused unless they were aware of the
background of the criminal and administrative charges. The remark cannot be considered as a grave offense
against Patrick. Thus, his liability cannot be mitigated. Yolanda, while being a common-law wife of Noel and Formatted: Left

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a mother of two, was seeing another man, Victor. After a few months of seeing each other, Yolanda
finally asked Victor if he was ready to marry her. Victor answered that he was not yet economically
stable and that his parents would disown him once he was married. Yolanda became furious and
suddenly kicked the genitals of Victor causing him to suffer in pain. Victor blacked out, took the knife
and stabbed Yolanda and her children. Yolanda and one of her children died while another one
seriously suffered from injuries. Victor was convicted of two counts of murder and one count of
frustrated murder. He claims that the mitigating circumstance of passion and obfuscation should be
appreciated in his favor. Can Victor invoke such mitigating circumstance?
NoO. For passion and obfuscation to be considered a mitigating circumstance, it must be shown that: (a) an Formatted: Colorful List1
unlawful act sufficient to produce passion and obfuscation was committed by the intended victim; (b) the crime
was committed within reasonable length of time from the commission of the unlawful act that produced the
obfuscation in the accused's mind; and (c) that passion and obfuscation arose from lawful sentiments and not
from a spirit of lawlessness and revenge.
The accused cannot invoke passion or obfuscation considering that his relationship with Yolanda was
illegitimate. The victims did not do anything which was unlawful and sufficient to produce the passion and
obfuscation contemplated by law. The act of Yolanda kicking Victor on his genitalia could not have resulted in
depriving him of reason that has driven him to kill her and her children.
Formatted: Indent: Left: 0.25"
resume here!

21. Is voluntary surrender a mitigating circumstance in all acts and omissions punishable under the
Revised Penal Code?
NO. Voluntary surrender may not be appreciated in cases of criminal negligence under Art. 365 since in such
cases, the courts are authorized to impose a penalty without considering Art. 62, concerning mitigating and
aggravating circumstances. Further, mitigating circumstances are made in recognition of the lesser perversity
on the part of the culprit and thereby lowering his penalty

22. Accused Martin wounded Heidi because the latter made a remark in the presence of the accused that
the Civil Service Commission is a “hangout of thieves. The accused felt alluded to because he was
facing then several criminal and administrative charges on several counts involving public funds. Can
Martin’s liability be mitigated on the ground that his act was done in the immediate vindication of a
grave offense?
NO. The remark itself was general in nature and not specifically directed to the accused. Other people in the
vicinity could not have possibly known that the victim was insulting the accused unless they were aware of the
background of the criminal and administrative charges. The remark cannot be considered as a grave offense
against the accused. Thus, Martin’s liability cannot be mitigated.
.
AGGRAVATING CIRCUMSTANCES
Formatted: Font: Bold, Underline
24. Give the distinctions between Reiteracion, Habitual delinquency, Recidivism, and Quasi-Recidivism. Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Reiteracion Habitual Deliquency Recidivism Quasi-Recidivism + Aligned at: 0.5" + Indent at: 0.75"
As to the 1stFirst Offense Formatted: Font color: Background 1
Served out sentence Convicted of the 1st Final judgment Convicted of the 1st Formatted: Font: Not Italic, Font color: Background 1
for the 1st offense offense rendered in the 1st offense
offense
As to the Kind of Offenses Involved Formatted: Font: Not Italic, Font color: Background 1

Formatted: Right

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Reiteracion Habitual Deliquency Recidivism Quasi-Recidivism Formatted: Font color: Background 1

Previous crime must be Any of the habitual Requires that the First crime need not be
one to which the law delinquency crimes: offenses be included in a felony, but the 2nd
attaches an equal or Falsification, Robbery, the same title of the crime must be a felony Formatted: Font: Bold, Underline
greater penalty or for 2 Estafa, Theft, Serious Code Formatted: Font: Bold, Underline
crimes to which it or Less Serious
attaches a lighter Physical Injuries. Formatted: Font: Bold, Underline
penalty, and must not (FRETSeL) Formatted: Font: Bold, Underline
be embraced in the Formatted: Font: Bold, Underline
same title with the
subsequent offense. Formatted: Font: Bold, Underline
Formatted: Font: Bold
As to the Effects
Formatted: Font: Not Italic, Font color: Background 1
Not always aggravating Additional penalty as Aggravating Maximum period of the
provided by law circumstance. penalty prescribed by
law for the new felony.
As to the Time when the 2nd Offense is Committed Formatted: Font: Not Italic, Font color: Background 1
After serving sentence Within 10 years from No period of time After conviction before
for the 1st offense his last release or last between the former serving the sentence,
conviction for the 3rd conviction & the last or while serving
time or oftener conviction sentence
As to whether it may be offset by ordinary mitigating circumstances Formatted: Font: Not Italic, Font color: Background 1
Yes No Yes No

Richard and Reeno went to a barrio dance for their favorite Buduts dance craze. After a few hours, an Formatted: Indent: Left: 0", Numbered + Level: 1 +
altercation ensued and Richard punched a certain Dodong. Richard was armed with a firearm while Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Reeno was armed with a knife. Kaloy went to the gymnasium to aid his friend Dodong. Afterwards, + Aligned at: 0.5" + Indent at: 0.75"
Richard approached Kaloy and suddenly shot him several times. With Kaloy fallen, Reeno stabbed him
at the bacck. Both the lower and appellate courts appreciated the aggravating circumstance of
treachery, qualifying the killing to murder.

Is there treachery spresent in the commission of the crime?

25.
NO.o. Treachery is not present when the killing is not premeditated or where the sudden attack is not Formatted: Font: Not Bold
preconceived nd deliberately adopted, but is just triggered by a sudden infuriation on the part of the accused as Formatted: Font: Not Bold
a result of a provocative act of the victim or when the killing is done at the spur of the moment.

The shooting and stabbing of Kaloy was actually a spur of the moment incident, a result of the brawl that
happened during the barrio dance. it was not shown that Richard and Reeno deliberately planned the means by Formatted: Font: Not Bold, Italic
which they would harm Kaloy. Consequently, they should be liable for the lesser crime of homicide e.(People of
Formatted: Font: Not Bold, Italic
the Philippines v. Jenny Likiran; June 4, 2014).)
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
23. Give the distinctions between Reiteracion, Habitual delinquency, Recidivism, and Quasi- … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
Indent at: 0.75"
Recidivism.
Formatted: Font color: Auto
Reiteracio Habitual Recidivis Quasi- Formatted: Font color: Auto
n Deliquenc m Recidivis Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
y m … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
As to the 1st Offense Indent at: 0.75"
Served out Convicted Final Convicted Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
sentence of the 1st judgment of the 1st … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
for the 1st offense rendered in offense Indent at: 0.75"
offense the 1st Formatted: Left

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 Formatted: Font: (Default) Arial Narrow, 28 pt, Bold
Formatted: Font: (Default) Arial Narrow, 28 pt, Bold

Reiteracio Habitual Recidivis Quasi- Formatted: Font color: Auto

n Deliquenc m Recidivis
y m
offense
As to the Kind of Offenses Involved Formatted: Font color: Auto
Previous Any of the Requires First crime Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
crime must habitual that the need not … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
be one to delinquenc offenses be a Indent at: 0.75"
which the y crimes: be included felony, but Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
law Falsificatio in the the 2 nd
… + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
attaches n, same title crime must Indent at: 0.75"
an equal or Robbery, of the be a felony
greater Estafa, Code
penalty or Theft,
for 2 Serious or
crimes to Less
which it Serious
attaches a Physical
lighter Injuries.
penalty, (FRETSeL)
and must
not be
embraced
in the
same title
with the
subsequen
t offense.
As to the Effects Formatted: Font color: Auto
Not always Additional Aggravatin Maximum Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
aggravatin penalty as g period of … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
g provided circumstan the penalty Indent at: 0.75"
by law ce. prescribed Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
by law for … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
the new Indent at: 0.75"
felony. Formatted: Font color: Auto
As to the Time when the 2nd Offense is Committed
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
After Within 10 No period After … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
serving years from of time conviction Indent at: 0.75"
sentence his last between before Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
for the 1st release or the former serving the … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
offense last conviction sentence, Indent at: 0.75"
conviction & the last or while Formatted: Font color: Auto
for the 3rd conviction serving
time or sentence Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
… + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
oftener Indent at: 0.75"
As to whether it may be offset by ordinary mitigating circumstances
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
Yes No Yes No
… + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
Indent at: 0.75"
24. May treachery be appreciated in cases of error in personae and aberatio ictus?
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
YES. The aggravating circumstance of treachery or alevosia focuses on the mode of attack committed … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
in an offense which the perpetrator deliberately adopted in order to avoid danger towards himself Indent at: 0.75"
Formatted: Right

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arising from the act of defense that the victim may perform. As long as the mode of attack is
treacherous in nature, the identity of the offended party is immaterial.

Thus, the SC said that it shall be considered even if there was aberratio ictus and the bullet hit a
person different from that intended (People v Guevarra, G.R. No. L-24371, April 16, 1968); and even if
there was error in personae (People v.Del Castillo, G.R. No. L-32995, April 30, 1984).

25.26. State the rules with respect to appreciation of evident premeditation where the victim is different from Formatted: Indent: Left: 0", Numbered + Level: 1 +
that intended by the accused. Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
a. It can be appreciated even if the persons killed were not intended or predetermined, provided that the + Aligned at: 0.5" + Indent at: 0.75"
intent was generic, as where the accused agreed to kill anyone who may help the intended victim;
b. It cannot be considered if the supposed victim was neither specific nor generic as where the accused
merely stated that he intended to kill a “person” several days before (People v. Belchez, G.R. No. 21196,
March 28, 1968);
c. It cannot be appreciated if a specific victim is intended but a different victim is killed because of mistake in
the blow (aberratio ictus) or due to a mistake of identity (error in personae).

27. Jojo voluntarily obeyed the order of Marbi to kill someone in town with the promise that if he escapes Formatted: Font color: Auto
punishment he would be rewarded. Jojo deliberately considered and carefully meditated over the Formatted: Indent: Left: 0", Numbered + Level: 1 +
nature and consequences of the acts he was about to carry out. Jojo came across Nancy and Junjun Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
whom he never met and killed them with the knife he provided himself. Jojo was convicted of the crime + Aligned at: 0.5" + Indent at: 0.75"
of murder aggravated by evident premeditation. Jojo, in his defense, invoked that evident
premeditation cannot be considered as at the time of the commission of the crime, there was no victim
identified. Was the crime aggravated by evident premeditation?
Yes. The fact that the arrangement between the instigator and the tool considered the killing of unknown Formatted: Indent: Left: 0.25", No bullets or numbering
persons does not bar the consideration of the circumstance of premeditation. The person having been deprived
of his life by deeds executed with deliberate intent, the crime is considered a premeditated one as the firm and
persistent intention of the accused from the moment, before said death, when he received the order until the
crime was committed is manifestly evident. (US v. Manalinde, G.R. No. 5292, August 29, 1909) Formatted: Font: Italic, Font color: Auto
Formatted: Font color: Auto
28. When must treachery be present?
26.Mustard, with intent to gain, broke the windows of Mixy’s house and entered the same. He then went to Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
the master’s bedroom and took all the money and jewelry which he could find. He then ran towards his + Aligned at: 0.5" + Indent at: 0.75"
escape vehicle and immediately drove away. Fortunately, Mixy was able to report the incident to the
police and Mustard was subsequently apprehended somewhere in QC. The police recovered from his Formatted: Indent: Left: 0.25", No bullets or numbering
car the things he took from Mixy and a high powered loose firearm which he happened to carry with
him when he robbed Mixy’s house. He was charged with the crime of robbery aggravated by the
possession of the loose firearm. Is the charge proper?
NO. The “no other crime” clause under Sec.1 of P.D. No. 1866 as amended by R.A. No. 8294 has been
repealed by R.A. 10591: An Act Providing for a comprehensive Law on Firearms and Ammunition and
Providing Penalties for Violations thereof enacted on May 29, 2013. Under the new law, the use of the loose
firearm shall be deemed as an aggravating circumstance in the “other crime” committed only when it is inherent
in the commission of the crime. The new law expressly provides that if the crime is committed without using the
loose firearm, the violation of R.A. 10591 shall be considered as a distinct and separate offense. Mustard
should be charged of 2 separate crimes of robbery under the RPC and illegal possession of loose firearms
under R.A. 10591. Formatted: Font color: Auto

When must treachery be present?

When the aggression is continuoous, treachery must be present in the BEGINNING of the assault.(People v. Formatted: Indent: Left: 0.25"
Manalad, G.R. No. 128593, August 14, 2002). Formatted: Font: Italic, Font color: Auto
Formatted: Font: Italic
Formatted: Left

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When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at
the moment the fatal blow was given.(US v. Baluyot, 40 Phil 385, 1919) Formatted: Font: Italic
. Formatted: Font: Italic

Hence even though in the inception of the aggression which resulted to the death of the deceased, treachery
was not present, if there was a break in the continuity of the aggression and at the time of the fatal wound was
inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account.
Formatted: Indent: Left: 0.25"
29. May treachery be appreciated in cases of error in personae and aberatio ictus? Formatted: Font color: Auto
YES. The aggravating circumstance of treachery or alevosia focuses on the mode of attack committed in an
offense which the perpetrator deliberately adopted in order to avoid danger towards himself arising from the act Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
of defense that the victim may perform. As long as the mode of attack is treacherous in nature, the identity of + Aligned at: 0.5" + Indent at: 0.75"
the offended party is immaterial.
Formatted: Font: Italic, Font color: Auto
Thus, the SC said that it shall be considered even if there was aberratio ictus and the bullet hit a person Formatted: Font color: Auto
different from that intended (People v Guevarra, G.R. No. L-24371, April 16, 1968); and even if there was error Formatted: Font: Italic, Font color: Auto
in personae (People v.Del Castillo, G.R. No. L-32995, April 30, 1984).
Formatted: Font color: Auto
30. Atty. Joy Go knew Marissa for more than 25 years, the latter being the niece of her long-time neighbor. Atty. Go Formatted: Indent: Left: 0.25"
and her children established a close relationship with Marissa to the point that they treated her as a member of Formatted: Font color: Auto
their family. She was hired to work in her office as legal secretary and liaison officer. In the course of her
Formatted: Indent: Left: 0", Numbered + Level: 1 +
employment, Atty. Go noticed that the completion of her tasks became longer than usual. Upon inquiry, Marissa Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
attributed the delay to the cumbersome procedure of transferring titles, as well as to the fact that personnel + Aligned at: 0.5" + Indent at: 0.75"
processing the documents could not be bribed. Marissa suddenly abandoned her job and when Atty. Go
reviewed her unfinished work, she discovered that the latter betrayed her trust and confidence on several
occasions by stealing sums of money entrusted to her as payment for capital gains tax, documentary stamp tax
transfer tax and other expenses intended for the transfer of the titles of properties from their previous owners to
Atty. Go’s clients. What crime was committed?
The crime committed is Qualified Theft. Under Article 310 of the RPC, theft becomes qualified when it is, Formatted: Normal, Indent: Left: 0.25", Line spacing:
among others, committed with grave abuse of confidence. The grave abuse of confidence must be the result of single, No bullets or numbering
the relation by reason of dependence, guardianship, or vigilance, between the appellant and the offended party Formatted: Font: (Default) Arial, 10 pt
that might create a high degree of confidence between them which the appellant abused.
Formatted: Font: (Default) Arial, 10 pt
Here, it is undisputed that Marissa was a close friend of Atty. Go and her family. It was due to this personal Formatted: Indent: Left: 0.25", Space After: 10 pt, Pattern:
relationship that Marissa was employed by Atty. Go as a legal secretary and liaison officer. The latter position Clear
necessarily entails trust and confidence not only because of its nature and the functions attached to it, but also
because Marissa makes representations on behalf of Atty. Go as regards third parties. By reason of this, all
matters essentially pertaining to the conduct of business of the law office were known by, and entrusted to,
Marissa. This included the safekeeping of important documents and the handling of money needed for the
processing of papers of Atty. Go’s clients. It is thus safe to assume that Atty. Go relied on Marissa when it
comes to the affairs of her law office as to create a high degree of trust and confidence between them. And as
Atty. Go trusted Marissa completely, and by reason of her being the liaison officer, she handed the monies to
Marissa without requiring the latter to sign any paper to evidence her receipt thereof. The theft in this case
was thus committed with grave abuse of confidence. Hence, appellant was correctly held as liable for
Formatted: Font: (Default) Arial, 10 pt, Italic
qualified theft. (People vs. Tanchangco, G.R. No. 177761, April 18, 2012)
Formatted: Font: Not Bold, Italic
Formatted: Font: (Default) Arial, 10 pt, Bold
Formatted: List Paragraph, Indent: Left: 0.25"
COMPLEX CRIMES
Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Vicente was staying with his 2-year old granddaughter, Maurene, at the terrace of their house when + Aligned at: 0.5" + Indent at: 0.75"
suddenly Roger appeared and started attacking Vicente with a panabas with neither reason nor
Formatted: Font: Italic
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provocation. While Vicente was able to evade Roger's blows, the latter nevertheless hit Maurene on her
abdomen and back which caused her instantaneous death.
Formatted: Font: (Default) Arial, 10 pt, Bold
31. What crime or crimes if any, did Roger commit?
Formatted: Normal, Indent: Left: 0.25", No bullets or
Roger committed the complex crime of Murder and Attempted Murder pursuant to Article 48 in relation to Article numbering
4(1) of the Revised Penal Code. The death of Maureen is a case of abberatio ictus given the fact that the fatal Formatted: Font: (Default) Arial, 10 pt
blow was delivered by mistake as it was actually Vicente who was Roger's intended victim. Roger's single deed
Formatted: Font: (Default) Arial, 10 pt, Italic
therefore resulted in the (a) attempted murder of Vicente and (b) consummated murder of Maureen. Article 48
says that there is a complex crime when a single act produces two or more grave or less grave felonies. Formatted: Font: (Default) Arial, 10 pt
(People of the Philippines v. Roger Ringor Umawid,;G.R. No. 208719, June 9, 2014) Formatted: Font: (Default) Arial, 10 pt, Italic
Formatted: Font: (Default) Arial, 10 pt, Italic
Is there a complex crime of estafa through falsification of private document?
32. Formatted: Font: (Default) Arial, 10 pt, Italic
There is no complex crime of estafa through falsification of private document. It is important to ascertain Formatted: Font: Not Bold, Italic
whether the offender is to be charged with falsification of a private document or with estafa. To constitute the
Formatted: Font: (Default) Arial, 10 pt, Bold
crime of falsification of private documents, damage or intent to cause damage is... RESUME HERE necessary,
similar to the crime of estafa. If the falsification of a private document is committed as a means to commit Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
estafa, the proper crime to be chraged is falsification. If the etafa can be committed witouht the necessity of + Aligned at: 0.5" + Indent at: 0.75"
falsifying a document, the proper crime to be charged is estafa. (Batulanon v. People, G.R. No. 139857,
September 15, 2006) Formatted: Font: (Default) Arial, 10 pt, Bold
Formatted: Font: (Default) Arial, 10 pt
27. What is the doctrine of pro reo in relation to Article 48 of the RPC? Formatted: Font: (Default) Arial, 10 pt
The doctrine of pro reo advocates that penal laws and laws penal in nature are to be construed and
applied in a way lenient or liberal to the offender, consonant to and consistent with the constitutional Formatted: Normal, Indent: Left: 0.25", No bullets or
numbering
guarantee that an accused shall be presumed innocent until his guilt is proved beyond reasonable
doubt. Formatted: Font: Italic
Commented [RX1]: Resume here
Under Art. 48 of the RPC, crimes are complexed and punished with a single penalty. The rationale
Formatted: Font: Not Bold, Italic
being, that the accused who commits two crimes with a single criminal impulse demonstrates lesser
perversity than when the crimes are committed by different acts and several criminal resolutions. Formatted: Font: (Default) Arial, 10 pt, Bold
However, Art. 48 shall be applied only when it would bring about the imposition of a penalty lesser than Formatted: Normal, No bullets or numbering
the penalties impossible for all the component crimes if prosecuted separately instead of being
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3,
complexed. … + Start at: 19 + Alignment: Right + Aligned at: 0.5" +
Indent at: 0.75"
28.33. Hogardin, with lewd designs, forcibly abducted Alcid while she was walking along Aratilis St. On board Formatted: Indent: Left: 0", Numbered + Level: 1 +
his mini-van, Hogardin was able to have sexual intercourse with Alcid. Upon reaching a warehouse in Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Pasig, Hogardin was again successful in having sexual intercourse with her. Alcid later on escaped and + Aligned at: 0.5" + Indent at: 0.75"
went to the police to report the criminal acts done by Hogardin. The latter was charged with two counts
of forcible abduction with rape. Were the charges against him proper?
NO. The crime of forcible abduction is only necessary for the first rape. Thus, the subsequent act of rape can
no longer be considered as a separate complex crime of forcible abduction with rape. They should be detached
from and considered independently of the forcible abduction. Therefore, the accused should have been
charged of one complex crime of forcible abduction with rape and another separate crime of rape.

NOTE: The rape must be consummated for the crime of forcible abduction with rape. There is no complex
crime of forcible abduction with attempted rape or forcible abduction with acts of lasciviousness because the
latter is a manifestation of lewd designs which is an element of forcible abduction. The crime will simply be
forcible abduction(BOADO, supra at 932.) However, if the main objective of the accused is to rape the victim,
forcible abduction could be absorbed in the crime of rape. (People v. Godiness, G.R. No. 93410, May 7, 1991;
People v. El Akhtar, 130640, June 21, 1999). Formatted: Font: Times New Roman, 14 pt, Bold, Underline
Formatted: Indent: Left: 0"
SPECIAL COMPLEX CRIMES
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underline
Tonyang went out of the dancing hall to buy candies in a nearby store. While making her way back through Formatted: Left, Indent: Left: 0", Space After: 10 pt, Line
the crowd, Armando grabbed her hand, his arm wrapped her shoulders, and with a knife point thrust at her spacing: Multiple 1.15 li
right side. After a four-hour walk through the grassy fields, they reached the Mayon International Hotel, Formatted: Not Highlight
where they boarded a waiting tricycle. Armando dragged Tonyang out of the tricycle and pushed her inside a Formatted: Colorful List1, Indent: Left: 0.25", Line spacing:
concrete house, where he forcibly pulled her pants down, lifted her legs, and made push and pull movement single, No bullets or numbering

of his penis insideof Tonyang's private part. What crime is committed?. Formatted: Not Highlight
The crime committed is a special complex crime of kidnapping with rape. Formatted: Font: (Default) Calibri, 11 pt, Not Highlight
Formatted: Font: (Default) Calibri, 11 pt, Not Highlight
Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, states that when the victim is killed or dies
as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum Formatted: Not Highlight
penalty shall be imposed. This provision gives rise to a special complex crime. Formatted: Font: (Default) Arial, 10 pt
Formatted: Normal, Line spacing: single, No bullets or
Notably, however, no matter how many rapes had been committed in the special complex crime of kidnapping with
numbering
rape, the resultant crime is only one kidnapping with rape. This is because these composite acts are regarded as a
single indivisible offense as in fact R.A. No. 7659 punishes these acts with only one single penalty. Formatted: Line spacing: single
Formatted: Space After: 10 pt, Line spacing: single
Formatted: Font: (Default) Calibri, 11 pt
NOTE: In a way, R.A. 7659 depreciated the seriousness of rape because no matter how many times the victim
was raped, like in the present case, there is only one crime committed the special complex crime of kidnapping Formatted: Colorful List1, Indent: Left: 0.25", Line spacing:
single
with rape.
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Formatted: Indent: Left: 0.25", Line spacing: single
Formatted: Font: (Default) Arial, 10 pt
29. Ana, a cashier in BGH Cooperative, was in charge with the receiving of deposits and releasing loans to
members of the said cooperative. It was alleged that the accused released to herself the same and Formatted: Font: (Default) Arial, 10 pt
received the loans by falsifying the documents and thereafter misappropriated and converted them for Formatted: Left, Space After: 10 pt, Pattern: Clear
her own use and benefit. Also, in all cases, she refused to bring back the same despite demands. She
was charged with the crime of estafa thru falsification. Is the crime as charged proper?
NO. There is no complex crime of estafa through falsification of private document, it is important to ascertain
whether the offender is to be charged with falsification of a private document or with estafa. To constitute the
crime of falsification of private documents, damage or intent to cause damage is necessary, similar to the crime
of estafa. If the falsification of a private document is committed as a means to commit estafa, the proper crime
to be charged is falsification. If the estafa can be committed without the necessity of falsifying a document, the
proper crime to be charged is estafa. In the case, since the act of Ana in falsifying the documents was done as
a means to convert the money into her own use and benefit, the crime charged should be Falsification of
Private Documents (Batulanon v. People, G.R. No. 139857, September 15, 2006).

CRIMES WHICH IMPOSE OR ALLOW ADDITIONAL LIABILITIES TO BE

IMPOSED
30.34. Give examples of crimes where the law prescribes two penalties for two crimes committed, one of Formatted: Indent: Left: 0", Numbered + Level: 1 +
which is in addition to the other wherein Art. 48 of the RPC does not apply. Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
+ Aligned at: 0.5" + Indent at: 0.75"
Here are some examples of crimes which impose additional penalties or allow additional liabilities to be
imposed:

A. Article 129 – Search warrants maliciously obtained, and abuse in the exercise of those legally
obtained
The penalty for violating Article 129 shall be in addition to the liability attaching to the offender for the
commission of any other offense. Formatted: Right

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The law imposes additional liability for the other crime resorted to by the public officer in obtaining the
search warrant without probable cause (BOADO, supra at 396).

Illustration:
X, a police officer, applied for a search warrant for the house of Y. In his deposition by the judge made under
oath, he stated that he saw Y bringing in sacks of marijuana to his (Y’s) house when in fact he did not have
personal knowledge as to this fact. The application was granted and a search warrant was issued.

Here, there are two crimes committed – (1) search warrants maliciously obtained, and (2) perjury.

Although perjury was used as a necessary means to maliciously obtain the search warrant, these crimes will
not be complexed under Article 48.

Instead, Article 128 provides that the offender shall suffer the penalty for violating Article 129 in addition to
the liability attaching to the offender for the commission of any other offense.

B. Article 210 – Direct bribery

The penalty for direct bribery (of the first type) shall be in addition to the penalty corresponding to the crime
agreed upon, if the same shall have been committed.

When the act constitutes a crime and the same was accomplished, the penalty shall be for the bribery and
for the crime committed (BOADO, supra at 554).

Note here that there are two crimes committed – (1) bribery, and (2) the crime agreed upon, if committed.

C. Article 235 – Maltreatment of prisoners

The penalty for maltreatment of prisoners shall be in addition to his liability for the physical injuries or
damage caused.

When a prisoner is maltreated, the crimes are for maltreatment under Article 235 and for the physical
injuries suffered. The two crimes are not to be complexed (BOADO, supra at 614).

Note here that there are two crimes committed – (1) maltreatment of prisoners, and (2) physical injuries.
The crime of physical injuries contemplated here includes serious, less serious and slight physical injuries.
Note here that there are two crimes committed – (1) maltreatment of prisoners, and (2) physical injuries.

D. Article 275 to Article 278 in relation to Article 279 – Abandonment of helpless persons and
exploitation of minors
The imposition of the penalties prescribed in Articles 275 to 287 shall not prevent the imposition upon the
same person of the penalty provided for any other felonies defined and punished by the Revised Penal
Code.

E. Article 312 – Occupation of real property or usurpation of real rights in property

The penalty for violating Article 312 shall be in addition to the penalty incurred for the acts of violence
executed by him.

The following discussion in People v. Hon. Alfeche, G.R. No. 102070, July 23, 1992, is enlightening:

“Article 312 may also be considered as defining and penalizing the single, special and indivisible crime of
occupation of real property or usurpation of real rights in property by means of violence against or
intimidation of persons. It is likewise not a complex crime as defined under Article 48. However, while
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Article 294 (robbery) provides a single penalty for each class of crime therein defined, Article 312 provides
a single, albeit two-tiered, penalty consisting of a principal penalty, which is that incurred for the acts of
violence, and an additional penalty of fine based on the value of the gain obtained by the accused. This is
clear from the clause "in addition to the penalty incurred for the acts of violence executed by him." For
want of a better term, the additional penalty may be designated as an incremental penalty.

What Article 312 means then is that when the occupation of real property is committed by means of
violence against or intimidation of persons, the accused may be prosecuted under an information for the
violation thereof, and not for a separate crime involving violence or intimidation. But, whenever,
appropriate, he may be sentenced to suffer the penalty for the acts of violence and to pay a fine based on
the value of the gain obtained.”

Illustration:
Y owns a house and lot. In order to obtain possession thereof, X shot Y who was sitting on his porch,
leading to the latter’s death. X thereafter took possession of the house and lot of Y.

Here, there is only one crime committed – occupation of real property.

However, he shall be sentenced to suffer two penalties: (1) for the homicide committed, and (2) to pay a
fine based on the value of the gain obtained by him, which shall be an amount equivalent to 50 to 100 per
centum of such gain, but in no case less than seventy-five (P75.000) pesos, provided, however, that if
such value cannot be ascertained, the fine shall be from 200 to 500 (P200.00 to P500.00) pesos.

F. Article 330 – Damage and obstruction to means of communication

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor
shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his
criminal act.

G. Anti-Graft and Corrupt Practices Act, Violation of R.A. 3019 (Section 3)

The penalty for committing any of the acts in RA 3019 shall be in addition to acts or omissions of public
officers already penalized by existing law.

One may therefore be charged with violation of RA 3019 in addition to a felony under the Revised Penal
Code for the same delictual act, that is, either concurrently or subsequent to being charged with a felony
under the Revised Penal Code. There is no double jeopardy if a person is charged simultaneously or
successively for violation of Section 3 of RA 3019 and the Revised Penal Code (Merencillo v. People, G.R.
Nos. 142369-70, April 13, 2007).

Hence, a person committing malversationcommitting malversation of public funds mayfunds may be

charged with (1) malversation, (2) and (2) violation of RA 3019.

As in the case of Tilendo v. Ombudsman where the Supreme Court upheld the charge of separate crimes
of malversation and violation of Section (e) of RA 3019.

Hence, a person committing bribery (of the first kind) may be charged with (1) bribery, (2) the crime agreed
upon, if committed, and (3) violation of RA 3019.

Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes
committed must both be punishable under the Revised Penal Code.

H. Anti-Bouncing Checks Law, Violation of B.P. 22 (Section5)

Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the
Revised Penal Code.
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Thus, prosecution for estafa does not preclude that for B.P. 22 (BOADO, supra at 870).

Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes
committed must both be punishable under the Revised Penal Code.

I. Illegal Recruitment, Violation of R.A. 8042

An estafa case does not bar a prosecution for illegal recruitment, since they are entirely different offenses
and neither one necessarily includes or is necessarily included in the other. A person who is convicted of
illegal recruitment may, in addition be convicted of estafa under Article 315 2(a) of the Revised Penal Code.
There is no problem of jeopardy because illegal recruitment is malumprohibitum, in which the criminal
intent is not necessary, whereas estafa is malum in se in which the criminal intent of the accused is
necessary. The claim of double jeopardy, therefore, is patently without merit (People v. Billaber, G.R. Nos.
114967-68, January 26, 2004).

Besides, Article 48 (on complex crime proper) will not apply because under Article 48, the crimes
committed must both be punishable under the Revised Penal Code.

SPECIAL COMPLEX CRIMES

31.35. Distinguish Composite Crimes from Complex Crimes under Art. 48 of the RPC. Give examples of Formatted: Indent: Left: 0", Numbered + Level: 1 +
Special Complex Crimes. Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Composite crimes, also known as special complex crimes, are crimes which in the eyes of the law are treated + Aligned at: 0.5" + Indent at: 0.75"
as single indivisible offenses although in reality are made up of more than one crime. There is only one
provision of law violated which defines the specific crimes composing the single indivisible felony and imposing
a specific penalty therefor (CAMPANILLA, supra at 903)..

Complex crimes under Art. 48 may either be a compound crime or complex crime proper. It pertains to a single
act which constitutes two or more grave or less grave felonies, or when an offense is a necessary means to
commit the other. In either case, the law provides that the penalty for the most serious crime shall be imposed,
the same to be applied in its maximum (RPC, Art. 48).

Below are examples of special complex crimes:

A. Qualified Rape, Article 266-B of the Revised Penal Code

Note that some authors opine that the proper crime to be charged is “qualified rape”, while some opine that
it should be “attempted rape with homicide” or “rape with homicide”, as the case may be.
a. When the rape (conventional rape) is attempted and a homicide is committed by reason or on occasion
of the rape, the penalty shall be reclusion perpetua to death.
b. When by reason or on occasion of the rape (conventional rape), homicide is committed, the penalty
shall be death.
c. Whenever the rape (sexual assault) is attempted and a homicide is committed by reason or on
occasion of the rape, the penalty shall be reclusion temporal to reclusion perpetua.
d. When by reason or on occasion of the rape (sexual assault), homicide is committed, the penalty shall
be reclusion perpetua.

NOTE: There are ten other qualifying circumstances under the same Article 266-B. They have not been Formatted: Font: Bold
specified here because they do not constitute crimes in themselves (for purposes of calling them “special
complex crimes”) but are either circumstances of the offender or the offended party, e.g. when the victim is
a child below seven years old, when the victim is under the custody of the police or military authorities, etc.
The penalty therefor is either death penalty (if conventional rape) or reclusion temporal (if sexual assault). Formatted: Left

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B. Robbery with violence or intimidation against persons (Article 294 of the Revised Penal Code)

a. Robbery with homicide

Penalty
The penalty of reclusion perpetua to death shall be imposed, when by reason or on occasion of the
robbery, the crime of homicide shall have been committed.

How committed
It is not necessary to show that the sole purpose was robbery and by reason thereof, homicide was
committed. The law provides that there is robbery with homicide not only when “by reason” of the
robbery, homicide is committed but also when “on the occasion” thereof homicide is committed (People
v. Alberca, G.R. No. 117106, June 26, 1996).

NOTE, however, that robbery must still be the main purpose and objective of the criminals and that the
killing was merely incidental resulting merely by reason or on occasion of the robbery (People v.
Alberca, G.R. No. 117106, June 26, 1996). Therefore, the homicide may be before or after the
robbery, provided, the robbery is not a mere afterthought (People v. Pacapac, G.R. No. 90623,
September 7, 1995).

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Stages of Execution

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Robbery (R) Homicide (H) Result Formatted: Font color: Background 1
Consummated Consummated R with H (Art. 294) Formatted Table
Frustrated Consummated Frustrated R with H (Art. 297)
Attempted Consummated Attempted R with H (Art. 297)
Frustrated R and Frustrated H or FR with Frustrated
Frustrated Frustrated H complexed under Art. 48 if H is necessary means
to commit R
Attempted R and Attempted H or AR with Frustrated
Attempted Attempted H complexed under Art. 48 if H is necessary means
to commit R

R and Frustrated H or R with Frustrated H complexed

Consummated Frustrated
RobberyRobbery
(R) (R) Homicide under
(H) Art. 48
Homicide (H)if H is necessary means to commit R
Result
Result Formatted: Font color: Auto
Consummated
Consummated Consummated
Consummated R with H (Art. 294)
R with H Formatted Table
FrustratedFrustrated RConsummated
with Attempted H or RFrustrated
Consummated with Attempted
R withHHcomplexed
Frustrated (Art. 297)
R with H
Consummated Attempted Formatted: Font color: Auto
Attempted under
Consummated Art. 48 if H is necessary means
AttemptedAttemptedto commit
R with H (Art. R
297)
Attempted Consummated R with H Formatted: Font color: Auto
Frustrated Frustrated FrustratedFrustrated
R and Frustrated H or FR with
R and Frustrated H
Frustrated Frustrated Formatted: Font color: Auto
Attempted Attempted Frustrated HAttempted
complexed R under Art. 48 if H
and Attempted H is
necessary means to commit R Formatted: Font color: Auto
R andRFrustrated
Attempted H or RHwith
and Attempted Frustrated
or AR with
Consummated Frustrated FrustratedHHcomplexed Formatted: Font color: Auto
Attempted Attempted complexedunder
underArt.
Art. 48
48ififHHisis
necessary means to commit R R
necessary means to commit Formatted: Font color: Auto

R andRFrustrated
with Attempted
H or RHwith
or RFrustrated
with Attempted
H Formatted: Font color: Auto

B Consummated
Consummated Attempted
Frustrated H complexed
complexed under Art. under
48 if HArt. 48 if H is
is necessary Formatted: Font color: Auto
o necessary means
means to commit R to commit R
Formatted: Font color: Auto
t R with Attempted H or R with Attempted H Formatted: Font color: Auto
h Consummated Attempted complexed under Art. 48 if H is necessary
Formatted: Indent: Left: 0.5"
means to commit R
r Formatted: Font color: Auto
obbery and homicide must be consummated.
Formatted: Font color: Auto

If robbery is merely attempted or frustrated, but the homicide is consummated, the crime committed is Formatted: Font color: Auto
attempted or frustrated robbery with homicide under Article 297. Formatted: Font color: Auto
Formatted: Indent: Left: 0.5"
If robbery is merely attempted or frustrated, and the homicide is likewise only attempted or frustrated, there
are two separate crimes as the case may be. Formatted: Font color: Auto

b. Robbery with rape, intentional mutilation, or physical injuries penalized in subdivision 1 of

Article 263

Formatted: Indent: Left: 0"

Penalty

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The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall
have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted

How committed
If the intention of the accused was to rob but rape was also committed even before the asportation the
crime is robbery with rape. But if the original plan was to rape but the accused after committing the rape
also committed robbery when the opportunity presented itself, the offenses should be viewed as
separate and distinct. To be liable for the special complex crime of robbery with rape the intent (note:
intent, not act) to take personal property of another must precede the rape (People v. Faigano, G.R. No.
113483, February 22, 1996).

If rape is committed, and the victim is killed, and the place was robbed (with force upon things), the
crimes are (1) rape with homicide, and (2) robbery.

If they raped, then killed the victim and took properties from her possession (or without force upon
things), the crimes are (1) rape with homicide, and (2) theft because the dead can no longer be
intimidated.

If the victim was robbed, then raped and then killed, robbery with homicide is committed; rape is
absorbed because all other assaults are absorbed in the special complex crime of robbery with
homicide.

NOTE: There is also a view that the rape or intentional mutilation will be appreciated as aggravating
circumstance of ignominy and cruelty, respectively. It cannot be considered, however, as aggravating
circumstance by analogy as the enumeration under Article 14 of RPC is exclusive. Analogous instances
applies only to mitigating circumstances.

If the victim was raped, then robbed, and then killed, robbery with homicide is likewise committed,
because she was still alive when the robbery was committed and homicide takes precedence over rape
in the order of priority under Article 294 (BOADO, supra at 804).

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 1 of Article 263.

As to this kind of physical injuries, it must be committed by reason or on occasion of the robbery.

The victim of physical injuries here need not be the victim of the robbery because the law does not
distinguish i.e. by reason or on occasion of the robbery.

c. Robbery with arson

Penalty
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed when the
robbery shall have been accompanied by arson.

How committed
In order to have robbery with arson, there must be violence or intimidation against persons first and
thereafter, the premises were burned, and there is no killing, rape or intentional mutilation. Take note of
the sequence of priority of violence under Article 294 (BOADO, supra at 805).
Commented [C2]:
A, B, and C agreed to rob a house. Thereafter, they set the house on fire in order to conceal the crime of
Commented [KM3]: break
robbery. In this case, A, B, and C committed the crime of robbery with arson.
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d. Robbery with physical injuries penalized in subdivision 2 of Article 263

Penalty
The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical
injuries penalized in subdivision 2 of the article mentioned in the next preceding paragraph, shall have
been inflicted.

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 2 of Article 263.

As to this kind of physical injuries, it must be committed by reason or on occasion of the robbery.

To be held liable, the victim of physical injuries here need not be the victim of the robbery because the
law does not distinguish i.e. by reason or on occasion of the robbery.

e. Robbery committed with unnecessary violence or with physical injuries penalized in subdivision
3 and 4 of Article 263

Penalty
The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the
violence or intimidation employed in the commission of the robbery shall have been carried to a degree
clearly unnecessary for the commission of the crime, or when the course of its execution, the offender
shall have inflicted upon any person not responsible for its commission any of the physical injuries
covered by sub-divisions 3 and 4 of said Article 23.

Rules as to the physical injuries

The physical injuries must be serious and must fall under subdivision 3 or 4 of Article 263.

As to this kind of physical injuries, it must be committed when robbery was not yet consummated i.e.
when in the execution of the robbery. If inflicted after the robbery was consummated, there are two
separate crimes – simple robbery under Article 294, par. 5, and for the serious physical injuries
(BOADO, supra at 806).

To be held liable, the victim of physical injuries must not be the persons responsible for the crime.
Therefore, if the persons injured are the robbers themselves, there is no robbery with physical injuries
(id.).

f. Attempted and frustrated robbery committed under certain circumstances (Article 297 of the
Revised Penal Code)

When by reason or on occasion of an attempted or frustrated robbery a homicide is committed, the

person guilty of such offenses shall be punished by reclusion temporal in its maximum period to
reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions
of this Code.

To be held liable under this Article, the killer must be one of the robbers (note the phrase “the person
guilty of such offenses”), unlike in Article 294 (People v. Manalili, G.R. No. 121671, August 1998). Note
that in Article 294, the killer may not be one of the robbers as long as the homicide was committed “by
reason or on occasion of” the robbery. However, similar to Article 294, the victim may be anyone, e.g.
the victim of the robbery or the robbers themselves (BOADO, supra at 810-811).

g. Carnapping, Violation of R.A. 6539, as amended by R.A. 7659

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Under Section 14 of R.A. 6539, as amended by R.A. 7659, the penalty of reclusion perpetuatp death
shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in
the course of the commission of the carnapping or on the occasion thereof.

h. Qualified Piracy, P.D. 532

Under Section 3, if physical injuries or other crimes are committed as a result of or on the occasion of
piracy, the penalty of reclusion perpetua shall be imposed.

If rape, murder or homicide is committed as a result or on the occasion of piracy, the mandatory penalty
of death shall be imposed.

Note that there are other qualifying circumstances, i.e. when the offenders abandoned the victims
without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a
vessel. In which case, the mandatory penalty of death shall also be imposed.

i. Qualified Highway Robbery, P.D. 532

Under Section 3, if physical injuries or other crimes are committed as a result of or on the occasion of
robbery or brigandage, the penalty of reclusion temporal in its medium and maximum shall be imposed.

If kidnapping for ransom or extortion, or murder or homicide or rape is committed as a result or on the
occasion of piracy, the penalty of death shall be imposed.

STAGES OF EXECUTION Commented [C4]:

Art. 294 (Special Complex Crimes) Formatted: Font: 12 pt, Font color: Auto
Formatted: Indent: Left: 0"
Robbery (R) Homicide (H) Result
Formatted: Font color: Auto
Consummated Consummated R with H
Formatted: Centered, Indent: Left: 0"
Frustrated Consummated Frustrated R with H
Formatted: Colorful List1, Indent: Left: 0.69"
Attempted Consummated Attempted R with H
Frustrated Frustrated Frustrated R and Frustrated H Formatted: Font color: Auto
Attempted Attempted Attempted R and Attempted H Formatted: Font color: Auto
Formatted: Font color: Auto
Consummated Frustrated R with Frustrated H Formatted: Font color: Auto
Formatted: Font color: Auto
Formatted: Font color: Auto
Consummated Attempted R with Attempted H
Formatted: Font color: Auto
Formatted: Font color: Auto

j. Kidnapping (Article 267 of the Revised Penal Code, as amended by R.A. 7659)
The last paragraph of Article 267 provides that when the victim is killed or dies as a consequence of the
detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty of death
shall be imposed.

Where the person kidnapped is killed in the course of the detention, regardless of whether the killing
was purposely sought or was merely an afterthought – the kidnapping and murder or homicide can no
longer be complexed under Art. 48, nor be treated as a separate crimes, but shall be punished as a
special complex criime under the last paragraph of Article 267.

However, where the taking of the victim was incidental to the basic purpose to kill, the crime is only
murder, and this is true even if before the killing but for purposes thereof, the victim was taken from one Formatted: Right

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place to another or even if there was a demand for ransom, such demand for ransom did not convert the
crime into kidnapping (People v. Marajas, April 1993).

k. Kidnapping with homicide

The crime is denominated kidnapping with homicide. Homicide is used in its generic sense and includes
murder because killing is not a crime but a qualifying circumstance.

Regardless of the number of persons killed (who must be kidnap victims), there is only one crime of
kidnapping with homicide.

If other persons were killed, the killing is a separate crime (BOADO, supra at 725).

l. Kidnapping with rape

m. m. Kidnapping with physical injuries Formatted: Font: Not Italic

“Tortured or subjected to dehumanizing acts” results in kidnapping with physical injuries even if the Formatted: Indent: Left: 0.5", No bullets or numbering
physical injury inflicted is only slight (BOADO, supra at 724).

n. n. Cattle Rustling, P.D. No. 533 Formatted: Indent: Left: 0.5", No bullets or numbering
Under P.D. No. 533, if a person is seriously injured or killed as a result or on the occasion of the
commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed.

o. o. Illegal Fishing, P.D. No. 534 Formatted: Indent: Left: 0.5", No bullets or numbering
Under P.D. No. 534, the penalty of imprisonment from 20 years to life, or death if explosives or
obnoxious or poisonous substances are used in fishing or use of such substances results in the loss of
human life.

32.36. Tonyang went out of the dancing hall to buy candies in a nearby store. While making her way back Formatted: Indent: Left: 0", Hanging: 0.25", Numbered +
through the crowd, Armando grabbed her hand, his arm wrapped her shoulders, and with a knife point Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 19 +
thrust at her right side. After a four-hour walk through the grassy fields, they reached the Mayon Alignment: Right + Aligned at: 0.5" + Indent at: 0.75"
International Hotel, where they boarded a waiting tricycle. Armando dragged Tonyang out of the
tricycle and pushed her inside a concrete house, where he forcibly pulled her pants down, lifted her
legs, and made push and pull movement of his penis insideof Tonyang's private part. What crime is
committed?
The crime committed is a special complex crime of kidnapping with rape.

Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, states that when the victim is killed or
dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed. This provision gives rise to a special complex crime.

Notably, however, no matter how many rapes had been committed in the special complex crime of kidnapping
with rape, the resultant crime is only one kidnapping with rape. This is because these composite acts are
regarded as a single indivisible offense as in fact R.A. No. 7659 punishes these acts with only one single
penalty.

NOTE: In a way, R.A. 7659 depreciated the seriousness of rape because no matter how many times the victim
was raped, like in the present case, there is only one crime committed the special complex crime of kidnapping
with rape. Formatted: Font: Italic
Formatted: Indent: Left: 0", Numbered + Level: 1 +
33.37. Distinguish Delito Continuado from Continuing Crimes. Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Delito Continuado, also known as Continued or Continuous crimes, pertains to criminal acts wherein the + Aligned at: 0.5" + Indent at: 0.75"
offender is impelled by a single criminal impulse but committed a series of overt acts at about the same time in Formatted: Font: Italic
Formatted: Left

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about the same place and all the overt acts violate one and the same provision of law. It is characterized by the
“foreknowledge rule” wherein the perpetrator must have an idea of the outcome of his acts

Continuing crimes, also known as Transitory crimes, pertains to a criminal act where any of the elements of the
offense was committed in different localities such that the accused may be indicted in any of those localities. It
may also refer to any offense which is continuing in time, e.g., rebellion which may have been started years ago
by the offender and continuing up to the present. The theory is for the fixing of venue, not for fixing the penalty.

PERSONS CRIMINALLY LIABLE

34.38. Distinguish an accomplice from a co-conspirator. Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Accomplice Conspirator + Aligned at: 0.5" + Indent at: 0.75"
They know and agree with the criminal They know of and join in the criminal Formatted: Font color: Background 1
Knowledge of
design. They come to know it after the design. They know the criminal
the criminal
principals have reached the decision intention because they themselves
design of the
and only then do they agree to have decided upon such course of
principal
cooperate in its execution. action.
Accomplices are mere instruments
Participation who perform acts not essential to the Conspirators are authors of the crime.
commission of the crime.
One degree lower than that of a Same as principal. (Act of one is act of
Penalty
principal. all)
(1) The community of criminal design;
that is, knowing the criminal design
(1) That two or more persons came to
of the principal by direct
an agreement
participation, he concurs with the
(2) That the agreement concerned the
Requisites latter in his purpose; and
commission of a crime, and
(2) The performance of previous or
(3) T(3) that the execution of the
simultaneous acts that are not
felony was decided upon
indispensable to the commission of
the crime.

Modesto and Abelardo are brothers. Sometime in August, 1998 while Abelardo was in his office,
Modesto, together with two other men in police uniform, came with two heavy bags. Modesto asked
Abelardo to keep the two bags in his vault until he comes back to get them. When Abelardo later
examined the two bags, he saw bundles of money that, in his rough count, could not be less than P5
Million. He kept the money inside the vault and soon he heard the news that a gang that included
Modesto had been engaged in bank robberies. Abelardo, unsure of what to do under the
circumstances, kept quiet about the two bags in his vault, soon after, the police captured, and secured
a confession from, Modesto who admitted that their loot had been deposited with Abelardo. What is
Abelardo’s liability? (2013 Bar Exams).
35.NONE. To be criminally liable as an accessory under Article 19 of the RPC, such person must have knowledge Formatted: Indent: Left: 0.25", No bullets or numbering
of the commission of the crime. The term “knowledge” under the law is not synonymous with suspicion. Mere
suspicion that a crime has been committed is not sufficient. Moreover, the facts given in the problem would
show lack or absent of intent to conceal the effects of the crime as Abelardo is described as being “unsure of
what to do under the circumstances”. Even if he can be considered as an accessory under par. 2 of Article 19,
RPC, Abelardo is not liable, being the brother of Modesto under Article 20. Formatted: Font: Bold
36. Formatted: Indent: Left: 0.44", No bullets or numbering
Formatted: Indent: Left: 0.25", No bullets or numbering
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37.NOTE: Concepts on accessories under Article 19 in relation to Article 20 have been repeated 3 times during
the previous bar examinations covering the years 2004-2013.
Formatted: Font: (Default) Arial, 10 pt, Bold
39. Romeo, in order to facilitate the escape from the Philippines of Charles, his brother, for the murder of Formatted: Normal, No bullets or numbering
Jem, allowed Charles to use his yacht from Sulu to Malaysia. Is Romeo criminally liable for the act of
letting Charles escape? Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
YES. Although under Art. 20 of the Revised Penal Code, Romeo is not liable as an accessory to the crime of + Aligned at: 0.5" + Indent at: 0.75"
murder, Romeo being the brother of Charles, he is nonetheless liable as principal to the crime of obstruction of
justice (P.D. 1829) because the benefit under Art. 20 is not available in P.D. 1829. Formatted: Font: Not Bold
Formatted: Indent: Left: 0.25", No bullets or numbering
38. P.D. 1829 is a malum prohibitum which seeks to penalize any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal
cases. Formatted: Font: Not Bold
NONE. To be criminally liable as an accessory under Article 19 of the RPC, such person must have knowledge
of the commission of the crime. The term “knowledge” under the law is not synonymous with suspicion. Mere
suspicion that a crime has been committed is not sufficient. Moreover, the facts given in the problem would
show lack or absent of intent to conceal the effects of the crime as Abelardo is described as being “unsure of
what to do under the circumstances”. Even if he can be considered as an accessory under par. 2 of Article 19,
RPC, Abelardo is not liable, being the brother of Modesto under Article 20.

NOTE: Concepts on accessories under Article 19 in relation to Article 20 have been repeated 3 times during Formatted: Font: Bold
the previous bar examinations covering the years 2004-2013.

SUBSIDIARY IMPRISONMENT
39.40. Differentiate preventive imprisonment from subsidiary imprisonment. Formatted: Indent: Left: 0", Numbered + Level: 1 +
Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable, Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
or even if bailable, cannot afford to post the bond. During the trial of his case, he is detained in jail. He is known + Aligned at: 0.5" + Indent at: 0.75"
as a detention prisoner.

Subsidiary imprisonment, on the other hand, is the personal penalty prescribed by law in substitution of the
payment of fine embodied in the decision when the same cannot be satisfied because of the culprit’s solvency
(SANDOVAL, Pointers in Criminal Law [2010], p.76).

40.41. Josemari Alberto was charged with and convicted of a crime. His sentence provides that he shall suffer Formatted: Indent: Left: 0", Numbered + Level: 1 +
the penalty arresto mayor and further ordered to pay a fine of P30,000.00. After serving imprisonment, Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
he was found to be insolvent and thus cannot pay the fine. He was not released because he has to + Aligned at: 0.5" + Indent at: 0.75"
serve subsidiary imprisonment. Decide.
He should be released immediately. When subsidiary penalty is not expressly stated in the sentence to take the
place of fine in case of insolvency, the accused may not be subjected to subsidiary personal liability. Since the
sentence did not specify the same, Josemari Alberto cannot be held to suffer subsidiary imprisonment in lieu of
the payment of fine.
Formatted: Font: 10 pt
PROBATION LAW
41. Who are the offenders disqualified from being placed on probation?
They are those:
a. Sentenced to serve a maximum term of imprisonment of MORE than 6 years;
b. Convicted of subversion or any crime against national security or public order;
c. Previously convicted by FINAL JUDGMENT of an offense punished by imprisonment of not less than a
month and one day and/or a fine of not less than P200;
d. Who have been once on probation; and Formatted: Left

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e. Who are already serving sentence at the time the substantive provisions of this decree became
applicable.(Sec. 9, PD 968)

Other instances when probation is not applicable includes: Formatted: Font: Bold
a. When the accused is convicted under R.A. No. 9165 except when he is a first time offender minor in which
case he is eligible for probation even if the penalty imposed is more than 6 years. However, if he is
convicted of drug trafficking or pushing, regardless of the penalty imposed, he is disqualified to avail of
probation;
b. If accused appeals his conviction irrespective of the purpose of the appeal even if it is only to question the
propriety of the penalty imposed; and
c. Conviction of an election offense under the Revised Election Code.

42. James was convicted with a violation of BP 22 and during the same proceeding for the promulgation of
judgment, he orally manifested that he would appeal the decision of the trial court. After 20 days, upon
learning that he could apply for probation, he filed his application to the same trial court which
convicted him and manifested that he is withdrawing his appeal in order to avail the benefits of the
Probation Law. If you were the judge of the trial court, would you grant the application for probation?
NO. Section 4 of PD 968 expressly provides that the application for probation should be made within the period
for perfecting an appeal. An appeal works as a waiver for the application for probation even if the same is
withdrawn thereafter because the period for perfecting an appeal had already lapsed (Llamado v. Court of
Appeals, G.R. No. 99032, March 26, 1997). Formatted: Font: Not Italic

43. Robert Marcelino, a first time offender, was convicted and sentenced by the trial court to serve Formatted: Font color: Auto
imprisonment with the maximum period of prision mayor. He filed an appeal seeking conviction for the Formatted: Font color: Auto
lesser crime which is punishable with the maximum period of prision correccional. The Court granted
such appeal and reduced the penalty. Robert now wants to apply for probation but his application was
denied on the ground that he waived his right for probation by filing an appeal. If you were the counsel
of Robert, how would you argue his side?
If I were the lawyer of Robert, I would invoke the ruling of the SC in Colinares v. Court of Appeals, G. R. No. Formatted: Font color: Auto
182748, December 13, 2011 wherein the high court granted the application for probation of a person who
appealed his case in order to lessen the penalty for his conviction by invoking that he committed a lesser crime.
The SC held that it cannot allow an unfair situation when a person originally sentenced to a non-probationable
penalty cannot anymore apply for probation if, on appeal, his penalty is reduced to a probationable one after
finding that he had committed a lesser crime or that there were circumstances which the trial court failed to
consider to lessen his penalty.

INDETERMINATE SENTENCE LAW

44. What are the rules in determining the prison term of an accused under Act 4103, as amended?
In imposing a prison sentence for an offense punished by the RPC, or its amendments, the court shall sentence
the accused to and indeterminate sentence:

The maximum term of which, shall be that which, in view of the attending circumstances, could be properly
imposed under the rules of the said code.

The minimum term of which shall be within the range of the penalty next lower to that prescribed by the Code
for the offense.

If the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence:

The maximum term of which shall not exceed the maximum fixed by said law.

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The minimum term of which shall not be less than the minimum term prescribed by the same (Sec. 1, Act
4103, as amended)

IMPORTANT: However, if there is a privileged mitigating circumstance, the degree of the penalty prescribed by
law should be first lowered by one degree before determining the maximum of the indeterminate penalty.
45. Under what circumstances will the ISL not apply?
a. Convicted of offenses punishable death penalty, reclusion perpetua, or life imprisonment (D/RP/LI);
b. Convicted of treason, or conspiracy or proposal to commit treason;
c. Convicted misprision of treason, rebellion, sedition or espionage;
d. Convicted of piracy;
e. Habitual delinquent;
f. Escaped from confinement as a prisoner, or evaded sentence;
g. Granted with conditional pardon by the president, but violated the terms thereof;
h. Maximum term of imprisonment actually imposed does not exceed 1 year;
i. Sentenced to the penalty of destierroor suspension only, or fine only (Sec. 2, Act No. 4103)

46. Mc, a navy seal, saw his wife Ongpin and his best friend Lawis having sexual intercourse. He then
pulled out his service gun and shot and killed Lawis while seriously injuring his wife. The court found
that Lawis died under exceptional circumstances and exonerated Mc of murder and SPI but sentenced
him to destierro. While serving his sentence, Mc entered the prohibited area and had a “shabu” session
with Lucia, Ongpin’s sister. Is Mc entitled to an indeterminate sentence in case he is found guilty of use
of the prohibited substance?
NO. McAnthony is not entitled to the benefit of the Indeterminate Sentence Law (Act 4103, as amended) for
having evaded the sentence which banished or place him on destierro, Sec. 2 of the said law expressly
provides that the law shall not apply to those who shall have evaded sentence. Even assuming that he did not
evade his sentence, he is still not entitled to an indeterminate sentence for the law does not apply when the
penalty is imprisonment not exceeding one year. The penalty for use of any dangerous drug by a first offender
is not imprisonment but rehabilitation in a government center for a minimum of six months (Sec. 15, R.A. 9165).

47. What are the rules in determining the prison term of an accused under Act 4103, as amended?
In imposing a prison sentence for an offense punished by the RPC, or its amendments, the court shall sentence
the accused to and indeterminate sentence:

The maximum term of which, shall be that which, in view of the attending circumstances, could be properly
imposed under the rules of the said code.

The minimum term of which shall be within the range of the penalty next lower to that prescribed by the Code
for the offense.

If the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence:

The maximum term of which shall not exceed the maximum fixed by said law.

The minimum term of which shall not be less than the minimum term prescribed by the same (Sec. 1, Act
4103, as amended)

IMPORTANT: However, if there is a privileged mitigating circumstance, the degree of the penalty prescribed by
law should be first lowered by one degree before determining the maximum of the indeterminate penalty.

48. Bruno was charged with homicide for killing the 75- year old owner of his rooming house. The
prosecution proved that Bruno stabbed the owner causing his death; and that the killing happened at
10 in the evening in the house where the victim and Bruno lived. Bruno, on the other hand, successfully
proved that he voluntarily surrendered to the authorities; that he pleaded guilty to the crime charged;
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that it was the victim who first attacked and did so without any provocation on his (Bruno’s) part, but
he prevailed because he managed to draw his knife with which he stabbed the victim. The penalty for
homicide is reclusion temporal. Assuming a judgement of conviction and after considering the
attendant circumstances, what penalty should the judge impose? (2013 Bar Exams)
Bruno should be sentenced to and indeterminate penalty of arresto mayor in any of its period as minimum to
prision correccional in its medium period as maximum. Bruno was entitled to two privileged mitigating
circumstances of incomplete self-defense and the presence of at least two ordinary mitigating circumstances
without any aggravating circumstances under Articles 69 and 64(5) of the RPC, respectively, which lowers the
prescribed penalty for homicide which is reclusion temporal to prision correccional.

There is incomplete self-defense because Bruno proved that it was the victim, who first attacked him and did so
without provocation on his part. There is, however, no reasonable necessity of the means employed to defend
himself, after Bruno used a knife to stab the weaponless victim. There are also no aggravating circumstances
present, because it was not shown that Bruno disregarded the age of the victim or that night-time facilitated the
commission of the crime; moreover, dwelling cannot be appreciated because the crime happened in the house
where both Bruno and the victim lived. In contrast, there are two mitigating circumstances present, namely,
voluntary surrender and plea of guilty. Applying the ISLAW, the maximum term of the indeterminate penalty
should be within the range of prision correccional in its medium period and the minimum term should be within
the range of the penalty next lower in degree or arresto mayor in any of its period

THREE-FOLD RULE
49.42. What is the three–fold rule? Formatted: Indent: Left: 0", Numbered + Level: 1 +
The three-fold rule is the rule that the maximum duration of the sentence should not exceed 3 times the most Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
severe penalty imposed upon the convict and the added limitation that the maximum period thus computed + Aligned at: 0.5" + Indent at: 0.75"
shall in no case exceed 40 years. Reclusion perpetua, for purposes of this rule, shall be computed at 30 years.

50.43. Should the judge refrain from imposing the correct penalties if these would exceed the limitation of Formatted: Indent: Left: 0", Numbered + Level: 1 +
penalties under the three-fold rule? Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
NO. The article deals with SUCCESSIVE SERVICE of sentence and not with imposition of such, hence, this + Aligned at: 0.5" + Indent at: 0.75"
article is for the Director of Prisons to follow and not for the court. The court should impose the correct
penalties even if these will amount to more than the lifetime of the prisoner. Consequently, all the sentences on
the prisoner imposed by any court for whatever crimes whenever filed should be covered by this rule.

The rationale for imposing the correct penalty is that when the convict is pardoned, he will serve the other
sentences meted on him

TWO–TIERED OR INCREMENTAL PENALTY

51.44. What is two–tiered or incremental penalty? Formatted: Indent: Left: 0", Numbered + Level: 1 +
It is the penalty provided under certain provisions of the RPC, consisting of a principal penalty, which is that Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
incurred for the acts of violence, and an additional penalty which may be designated as an incremental penalty. + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Font color: Auto
52.45. Give the felonies under the Revised Penal Code which impose two-tiered penalty. Formatted: Font color: Auto
a. Maliciously obtaining or abusive service of search warrant (Art. 129);
b. Bribery (Art. 210); Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
c. Maltreatment of prisoners (Art. 235); and + Aligned at: 0.5" + Indent at: 0.75"
d. Usurpation of real rights (Art. 312).

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APPLICATION OF PENALTIES
53.46. What are the rules for the proper application of penalties which contain three periods? Formatted: Indent: Left: 0", Numbered + Level: 1 +
Outline of the rules: Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
a. No aggravating and no mitigating – medium period. + Aligned at: 0.5" + Indent at: 0.75"
b. Only mitigating – minimum period.
c. Only aggravating – maximum period.
d. Where there are aggravating and mitigating – the court shall offset those of one class against the other
according to their relative weight.
e. Two or more mitigating and no aggravating – penalty next lower, in the period applicable, according to the
number and nature of such circumstances.
f. NOTE: This rule does not apply if there is at least one aggravating circumstance. Follow rule No. 4 Formatted: Font: Bold
instead on offsetting but never go to the penalty next lower in degree. Formatted: Indent: Left: 0.5", No bullets or numbering
g.f. No penalty greater than the maximum period of the penalty prescribed by law shall be imposed, no matter
how many aggravating circumstances are present.
h.g. The court can determine the extent of the penalty within the limits of each period, according to the number
and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil
produced by the crime.

PRESCRIPTION OF CRIMES
54.47. Distinguish “prescription of the crime” from “prescription of penalty.” Formatted: Indent: Left: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
Prescription of Crime Prescription of Penalty + Aligned at: 0.5" + Indent at: 0.75"
As to nature Forfeiture or loss of the right of the Forfeiture or loss of the right of the Formatted: Font color: Background 1
State to prosecute the offender after government to punish the offender Formatted: Font color: Background 1
the lapse of a certain period fixed by after the lapse of a certain time fixed
law. by law.
As to From the date of discovery by: From date of evasion of service of Formatted: Font color: Background 1
commencement of
a) offended party sentence by the accused.
period b) authorities
c) their agents
As to penalty Prescribed penalty under the law Penalty actually imposed by final Formatted: Font color: Background 1
contemplated judgment

NOTE: The last distinction is a common source of bar questions. Formatted: Font: Bold

55.48. Are there situations that do not follow the rules for counting of prescription of offenses under Article 91 Formatted: Indent: Left: 0", Numbered + Level: 1 +
of the RPC? Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
YES. They are as follows: + Aligned at: 0.5" + Indent at: 0.75"
a. In cases of continuing crimes;
b. In crimes of giving of false testimony;
1.i. When given in favor of the accused, the period runs from the date when the false testimony is given in Formatted: Indent: Left: 0.5", Numbered + Level: 4 +
court and Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left +
2.ii. When given against the accused, such period runs from the date of finality of judgment in that main Aligned at: 1.75" + Indent at: 2"
case.
b. In a case of bigamy, because although the marriage is registered, the prescriptive period runs only from the
discovery of the offense. The doctrine on constructive knowledge applicable in other registered public
documents is not applicable.
Formatted: Indent: Left: 0", Numbered + Level: 1 +
56.49. In 2002, JFB fraudulently conveyed certain government lands to a private corporation and caused the Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Right
registration thereof in the proper civil registry. Twelve years later, he was charged with a crime + Aligned at: 0.5" + Indent at: 0.75"
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punishable by prision correcional. If you were the counsel for JFB, how would you argue for the
dismissal of the criminal charge against him?
I would argue that the crime had already prescribed. Art. 91 of the RPC provides that the period for prescription
of crimes commences to run from the day on which the crime is committed or is discovered by the offended the
party, the authorities, or their agents. Crimes punishable by correctional penalties prescribes in 10 years save
in the case of arresto mayor which prescribes in 5 years. Thus, upon the registration of the conveyances with
the proper civil registry, a constructive notice of the fraudulent transaction took effect which effectively
commenced the running of the prescriptive period. Therefore, twelve years having lapsed from the discovery of
the crime, JFB cannot be made liable for the crimes he committed (People of the Philippines v. Arturo
Pacificador, G.R. No. 139405, March 13, 2001).

NOTE: This topic regarding prescription has been asked several times in the bar exams (2004-2013 bar Formatted: Font: Bold
exams) Formatted: Font color: Auto

CRIMINAL AND CIVIL LIABILITY

Formatted: Font color: Auto
50. The accused was found guilty of 10 counts of rape for having carnal knowledge with the same woman. Formatted: Font: (Default) Arial, 10 pt, Bold
In addition to the penalty of imprisonment, he was ordered to pay indemnity in the amount of
P50,000.00 for each count. On appeal, the accused questions the award of civil indemnity for each Formatted: Colorful List1, Indent: Left: 0", Line spacing:
single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
count, considering that the victim is the same woman. How would you rule on the contention of the Start at: 19 + Alignment: Right + Aligned at: 0.5" + Indent
accused? Explain. (2005 Bar Exam, PALS) at: 0.75"
The contention is unmeritorious. Under the law, every person criminally liable is civilly liable. (Art. 100, Revised
Formatted: Font: Not Bold
Penal Code) Since each count charges different felonius acts and ought to be punished differerntly, the
concomitant civil indemnity ex delicto for every criminal act should be adjudged. Said civil indemnity is Formatted: Indent: Left: 0.25", Line spacing: single, No
mandatory upon the finding of the fact of rape; it is distinct from and should not be denominated as moral bullets or numbering
damages which are based on different jural foundations. (People v. Jalosjos, G.R. Nos. 132875-76 November
16, 2001)

Formatted: Centered

BOOK TWO
PIRACY (ARTICLE 122)
v. P.D. 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW) Formatted: No underline

While the 5.5. Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still Formatted: Font: (Default) Arial, 10 pt, Bold
300 miles from Aparri, Cagayan, its engines malfunctioned. The Captain ordered the ship to stop for Formatted: Normal, Left, No bullets or numbering
emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell asleep. While
the ship was anchored, a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and
took advantage of the situation. They cut the ship's engines and took away several heavy crates of
electrical equipment and loaded them in their motorboat. Then they left hurriedly towards Aparri. At
daybreak, the crew found that a robbery took place. They radioed the Aparri Port Authorities resulting in
the apprehension of the culprits. What crime was committed? Explain. Formatted: Font: Bold

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Piracy in the high seas was committed by the renegade Ybanags. The culprits who are neither members of the Formatted: Normal, Centered, No bullets or numbering
complement nor passengers of the ship, seized part of the equipment of the vessel while it was three hundred
miles away from Aparri, Cagayan (Art. 122, Revised Penal Code).
Formatted: Indent: Left: 0.25", No bullets or numbering
51. Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while
sleeping. What crime was committed? Explain. (2006 Bar Exams, PALS) Formatted: Font: Bold
The crime committed is qualified piracy, because it was accompanied by physical injuries/homicide. The Formatted: Indent: Left: 0.25", No bullets or numbering
culprits stabbed a member of the crew while sleeping (Article 123, Revised Penal Code).

52. M/V Dona Imelda, a passenger vessel while crossing the seas of Cebu group of armed men fired upon
the vessel and boarded the same. They poked guns to the crew and took complete control of the
vessel. One of the armed men ordered the crew of M/V Dona Imelda to sail to Malaysia where the
personal belongings of the passengers were seized. Thereafter, the men left. What crime, if any, was
committed?
Piracy under PD 532. Although Presidential Decree No. 532 requires that the attack and seizure of the vessel Formatted: Indent: Left: 0.25", No bullets or numbering
and its cargo be committed In Philippine waters, the disposition by the pirates of the vessel and its cargo is still
deemed part of the act of piracy, hence, the same need not be committed in Philippine waters (People v. Tulin,
G.R. No. 111709, August 30, 2001). It is likewise, well-settled that regardless of the law penalizing the same,
piracy is a reprehensible crime against the whole world.
Formatted: Font color: Auto
51.53. While the M/T Muchinana, a cargo vessel carrying textile, was navigating the seas off the coast of
Zambales, approximately 30 nautical miles east of Scarborough Shoal, a group of five armed men fired
upon the vessel and boarded the same. They detained the crew and took complete control of the
vessel. One of the armed men ordered the crew of M/T Muchinana to transfer the cargo of the vessel to
the hold of "Sweet Caroline", which was anchored beside it. Thereafter, the men left. What crime, if any,
was committed?
The crime of Piracy in Philippine Waters under Art. 122 of the Revised Penal Code is committed. Under Art.
122 of the Revised Penal Code, piracy is committed by any person who, not being a member of the
complement nor a passenger, shall attack the vessel and seized its cargo in Philippine Waters.
Formatted: Font color: Auto
52.54. Supposing, instead of ordering the crew to transfer the cargo, the men forced the crew to sail to
Singapore, where such cargo were subsequently transferred to another vessel. What crime, if any, is
committed?
Piracy under P.D. No. 532. Although Presidential Decree No. 532 requires that the attack and seizure of the
vessel and its cargo be committed In Philippine waters, the disposition by the pirates of the vessel and its cargo
is still deemed part of the act of piracy, hence, the same need not be committed in Philippine waters (People v.
Tulin, G.R. No. 111709, August 30, 2001). It is likewise, well-settled that regardless of the law penalizing the
same, piracy is a reprehensible crime against the whole world.
Formatted: Font color: Auto
ARBITRARY DETENTION
Chito, a coast guard officer assigned in Batangas City saw a guy who disembarked from the vessel docked Formatted: Indent: Left: -0.25", Line spacing: single
at Pier 15. At that time, there was an memorandum issued by their superior that the PNP is looking for the
notorious drug syndicate allegedly hiding around the CALABARZON Region. They were ordered to be
meticulous to each and every passenger in the port. As the man appears to be suspicious he apprehended
the same and detained in their headquarters. Having no reasonable and legal basis, he detained the man.
What was the crime committed?
Arbitrary Detention. It shall be committed by any public officer or employee, who without legal grounds detains a Formatted: Line spacing: single, No bullets or numbering
person. In this case, the apprehension made by Chito was without legal ground which may be the commission of a
crime, violent insanity or any other ailment requiring the compulsory confinement of a patient in a hospital.
53. Supposing, instead of ordering the crew to transfer the cargo, the men forced the crew to sail to Singapore, Formatted: Indent: Left: -0.25"
where such cargo were subsequently transferred to another vessel. What crime, if any, is committed?
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Piracy under P.D. No. 532. Although Presidential Decree No. 532 requires that the attack and seizure of the vessel
and its cargo be committed In Philippine waters, the disposition by the pirates of the vessel and its cargo is still
deemed part of the act of piracy, hence, the same need not be committed in Philippine waters (People v. Tulin,
G.R. No. 111709, August 30, 2001). It is likewise, well-settled that regardless of the law penalizing the same, piracy
is a reprehensible crime against the whole world.

DELAY IN THE DELIVERY OF DETAINED PERSONS

ANA WAS CHARGED WITH the crime of robbery, Benjamin, a policeman of the City of Manila, arrested
the petitioners on April 2, 1948, and presented a complaint against them with the fiscal's office of
Manila. Until April 7, 1948, when the petition for habeas corpus was filed with the Court, Ana was still
detained or under arrest, and the city fiscal had not yet released or filed against them an information
with the proper courts justice. This case has not been decided before this time because there was not a
sufficient number of Justices to form a quorum in Manila, and it had to be transferred to the Supreme
Court acting in division in Baguio for deliberation and decision. Was there crime committed?
Article 125 of the Revised Penal Code provides that a public officer or employee who shall detain any person Formatted: Indent: Left: 0.25", No bullets or numbering
for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of
12, 18 or 36 hours is unlawful. The surrender or delivery to the judicial authority of a person arrested without
warrant by a peace officer, does not consist in a physical delivery, but in making an accusation or charge or
filing of an information against the person arrested with the corresponding court or judge, whereby the latter
acquires jurisdiction to issue an order of release or of commitment of the prisoner, because the arresting officer
cannot transfer to the judge and the latter does not assume the physical custody of the person arrested. The
judicial authority mentioned in section 125 of the Revised Penal Code cannot be construed to include the fiscal
of the City of Manila or any other city, because they cannot issue a warrant of arrest or of commitment or
temporary confinement of a person surrendered to legalize the detention of a person arrested without warrant.
(Sayo v. Chief of Police, G.R. No. L-2128, May 12, 1948, 80 Phil 859) Formatted: Font: Italic
Formatted: Font: (Default) Arial, 10 pt
VIOLATION OF DOMICILE Formatted: Left
Formatted: Font: Not Bold
SPO2 Cruz secretly entered Ernie’s House by passing thru a closed-back door. Noticing the presence
of a stranger, Ernie who was at the upper floor of his house, went down and demanded SPO2 Cruz to Formatted: Indent: Left: 0.25", No bullets or numbering
leave, however he refused to do so. What crime was committed?
Violation of Domicile under the 3rd Paragraph. According to the RPC, Violation of Domicile shall be committed Formatted: Indent: Left: 0.25", No bullets or numbering
by any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against
the will of the owner thereof, search papers or other effects found therein without the previous consent of such
owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to
do so.
Formatted: Font: (Default) Arial, 10 pt
EVASION OF SERVICE OF SENTENCE Formatted: Left
Formatted: Font: Not Bold
55. Armando Rukot was convicted of Estafa by the trial court. He appealed his case and was allowed to be
Formatted: Indent: Left: 0.25", No bullets or numbering
released on bail. Sensing that the appellate court will sustain the judgment of conviction, he escaped
and went into hiding. As a result, his appeal was dismissed and his sentence became final. Armando
Rukot was thereafter captured and was charged with Evasion of Service of Sentence. Should Mando
Rukot be convicted of the crime charged?
NO. Evasion of service of sentence can be committed only by a prisoner who escapes during the term of his Formatted: Indent: Left: 0.25", No bullets or numbering
imprisonment by final judgment. If the accused escaped while the sentence of conviction was under appeal, he
is not liable under Art. 157 the judgment not having become final. This is true notwithstanding his appeal being
dismissed and the decision appealed from having become final.

REBELLION
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56. While Governor Salgado of Romblon was on board his car travelling along the National Highway of Formatted: Line spacing: single
Tablas, Charlie and Miguel shot him on the head resulting in his instant death. At that time Charlie and
Miguel were members of the liquidation squad of the New People's Army and they killed the governor
upon orders of their senior officer, Commander Bauang. What crime was committed?
Rebellion. It is of judicial notice that the principal objective of the liquidation squad of the New People‟s Army Formatted: Indent: Left: 0.25", Line spacing: single, No
(NPA) is to overthrow the duly constituted government. It is therefore not hard to comprehend that the killing of bullets or numbering
Governor Salgado was committed as a means to, or in furtherance, of the subversive ends of the NPA
considering that the killing was upon orders of their commander.
Formatted: Indent: Left: 0.25", No bullets or numbering
54.57. On May 5, 1992, at about 6:00 a.m., while Governor Alegre of Laguna was on board his car travelling
along the National Highway of Laguna, Joselito and Vicente shot him on the head resulting in his
instant death. At that time, Joselito and Vicente were members of the liquidation squad of the New
People's Army and they killed the governor upon orders of their senior officer, Commander Tiago. If
you were the prosecutor, what crime will you charge Joselito and Vicente?
I would charge Joselito and Vicente with the crime of rebellion. It is of judicial notice that the principal objective
of the liquidation squad of the New People’s Army (NPA) is to overthrow the duly constituted government. It is
therefore not hard to comprehend that the killing of Governor Alegre was committed as a means to, or in
furtherance, of the subversive ends of the NPA considering that the killing was upon orders of their
commander.

CONSPIRACY TO COMMIT REBELLLION

55.58. Diego, Ernesto, Fredo and Gardo conspired to overthrow the Philippine Government. Diego was
recognized as the titular head of the conspiracy. Several meetings were held and the plan was finalized.
Gardo, bothered by his conscience, confessed to Father Samuel that he, Diego, Ernesto and Fredo
have conspired to overthrow the government. Father Samuel did not report this information to the
proper authorities. Did Father Samuel commit a crime? If so, what crime was committed? What is his
criminal liability?
NO. Father Samuel did not commit a crime because the conspiracy involved is one to commit rebellion, not a
conspiracy to commit treason which makes a person criminally liable under Art 116, RPC. And even assuming
that it will fall as misprision of treason, Father Samuel is exempted from criminal liability under Art. 12, par. 7,
as his failure to report can be considered as due to "insuperable cause", as this involves the sanctity and
inviolability of a confession.

Conspiracy to commit rebellion results in criminal liability to the co-conspirators, but not to a person who
learned of such and did not report to the proper authorities (US v. Vergara, G.R. No. 1543, March 19, 1904).

INCITING TO SEDITION
56.59. While delivering his speech in a rally in Mendiola, Ka Berto, a staunch critic of the government,
vigorously advocated that all concerned citizens should burn the house of all the Congressmen
involved in the Pork Barrel Scam to make them pay for their alleged anomalous transactions. What
crime/s, if any, was committed by Ka Berto? Would your answer be the same if it was uttered out of
disappointment after legislative inquires cleared all the Congressmen from any participation?
Ka Berto is guilty of the crime of inciting to sedition. He is inciting others to inflict an act of hate or revenge
against the property of a public officer or employee, which is one of the objects of sedition. However, in the
second scenario, he is guilty only of making an outcry tending to incite sedition punished under Art. 153. The
Formatted: Left

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outcry was more or less an unconscious outburst which, although seditious in nature, is not intentionally
calculated to induce others to commit sedition and may be characterized only as a public disorder.

ILLEGAL ASSOCIATION vs. TERRORIST ORGANIZATION UNDER THE

HUMAN SECURITY ACT
57.60. Distinguish between Illegal Association and a Terrorist Organization under the Human Security Act.

POINT OF ILLEGAL ASSOCIATION UNDER ILLEGAL ASSOCIATION UNDER

COMPARISON RPC R.A. 9372
Persons who are not considered Terrorists (upon application by DOJ
terrorists before a competent RTC, with due
notice and opportunity to be heard
Offenders given to the said group and they are
declared as a terrorist and outlawed
organization, association or group of
persons by the said RTC)
i. founder, directors and president i. founder, directors and president
Persons liable
ii. members ii. members
i. Committing any of the crimes i. Engaged in terrorism; or
punishable under the code; or ii. Although not organized for that
ii. Some purpose contrary to public purpose, actually uses the acts to
morals terrorize or to sow and create a
condition of widespread and
Purpose
extraordinary fear and panic among the
populace in order to coerce the
government to give in to unlawful
demand

May be held in connection with May be held in connection with acts

offenses punishable under special punishable under RPC and special
Additional Notes
laws. laws but mainly for the purpose of
sowing terror.

DIRECT ASSAULT / INDIRECT ASSAULT

58.61. One Sunday evening, Von Eldon, a policeman, was doing surveillance in the neighborhood. He
chanced upon Raymond, a known drunkard, who was breaking beer bottles at Rachel’s sari-sari store.
Von Eldon, upon introducing himself, tried to pacify Raymond, but the latter stabbed him at his side.
Rachel tried to help Von Eldon, but was also stabbed by Raymond. Von Eldon died, while Rachel
sustained a mortal wound but survived. What crime/s was/were committed?
As to Von Eldon, the crime committed was Direct Assault with Homicide. Raymond attacked Von Eldon, who
was an agent of a person in authority. At the time of the assault, he was engaged in the actual performance of
his official duties and Raymond knew that he was an agent of a person in authority.

As to Rachel, the crime committed was Indirect Assault with Frustrated Homicide. Such crime is committed by
any person who shall make use of force or intimidation upon any person coming to the aid of an agent of a
person in authority who is a victim of direct assault.

59.62. Kevin Fairer, a professor, scolded his student Bobby Farks for always being late in class. Angered by
the scolding, he inflicted fist blows against his professor while they were in class causing Kevin to be
hospitalized for a period of five days. What crime/s, if any, did Bobby commit? Would your answer be
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the same if Kevin was attacked while he was on his way home and as a result he lost the power to
hear?
Bobby is liable for Direct Assault and a separate crime of Slight Physical Injuries (People v. Ancierto, G.R. No.
36595,November 28, 1932). Under Art. 152, professors are considered as persons in authority for purposes of
Direct Assault. Kevin was attacked while he was engaged in the performance of his official duties.

In the second scenario, Bobby is still guilty of Direct Assault but this time it will be complexed with the serious
physical injuries under Art. 263(2). Direct Assault is also committed when a person in authority is attacked on
occasion of the performance of his duty. Bobby attacked Kevin because of the scolding he suffered in class.

60.63. While Atty. Abogado was cross examining a witness in court, Pedro suddenly barged in and punched
Atty. Abogado in the face. When charged with Direct Assault, Pedro claimed that he attacked Atty.
Abogado out of anger because his wife admitted having an affair with him. Will the crime of direct
assault prosper?
YES. In Direct Assault, motive of the offender is important only when the person in authority who is attacked is
not in the actual performance of his official duty. However, when a person in authority is in the actual
performance of his official duty, like Atty. Abogado in this case, the motive of the offender becomes immaterial.

DIRECT ASSAULT WITH MURDER; COMPLEX CRIME

Formatted: Indent: Left: 0.25", No bullets or numbering
64. Police Major Limuel Santos, father of Leo Santos, was scolding his employees for turning in PhP200 as
a collection in their transportation business. Leo, asked his father to stop scolding them and just let
them attend barangay festivities. This infuriated the elder and caused a heated argument between the
two. Chief Legarda appeared on the scene and asked Limuel if everything was all right, Leo got a piece
of wood and struck Legarda on the right side of his head. Legarda collapsed and later died due to sever
skull fracture. In Leo’s testimony, he admitted striking Legarda with the erroneous belief that he was a
member of the NPA. What was the crime committed?
Complex crime of Direct Assault with Murder. Appellant committed the second form of assault, the elements of Formatted: Indent: Left: 0.25", No bullets or numbering
which are that there must be an attack, use of force, or serious intimidation or resistance upon a person in
authority or his agent; the assault was made when the said person was performing his duties or on the
occasion of such performance; and the accused knew that the victim is a person in authority or his agent, that
is, that the accused must have the intention to offend, injure or assault the offended party as a person in
authority or an agent of a person in authority.

Here, Legarda was a duly appointed member of the then PNP and, thus, was an agent of a person in authority
pursuant to Article 152 of the Revised Penal Code, as amended. There is also no dispute that he was in the
actual performance of his duties when assaulted by appellant, that is, he was maintaining peace and order
during the fiesta. Appellant himself testified that he personally knew Legarda to be a policeman and, in fact,
Legarda was then wearing his uniform. These facts should have sufficiently deterred appellant from attacking
him, and his defiant conduct clearly demonstrates that he really had the criminal intent to assault and injure an
agent of the law. (People v. Abalos, G.R. No. 88189 July 9, 1996)

DELIVERY OF PRISONERS FROM JAIL Formatted: Font: English (Philippines)

61.65. Miguel Jacinto, a detention prisoner, was taken to a hospital for emergency medical treatment. His Formatted: Font: English (Philippines)
followers, all of whom were armed, went to the hospital to take him away or help him escape. The
prison guards, seeing that they were outnumbered and that resistance would endanger the lives of
other patients, deckled to allow the prisoner to be taken by his followers. What crime, if any, was
committed by Jacinto's followers?
Jacinto's followers shall be liable as principals in the crime of delivery of prisoner from jail under Art. 156, of the Formatted: Font: English (Philippines)
RPC.The felony is committed not only by removing from any jail or penal establishment any person confined
therein but also by helping in the escape of such person outside of said establishments by means of violence,
intimidation, bribery, or any other means. Formatted: Left

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EVASION OF SERVICE OF SENTENCE Formatted: Font: English (Philippines)

62. Mando Rukot was convicted of theft by the trial court. He appealed his case and was allowed to be Formatted: Font: English (Philippines)
released on bail. Sensing that the appellate court will sustain the judgment of conviction, he escaped
and went into hiding. As a result, his appeal was dismissed and his sentence became final. Mando
Rukot was thereafter captured and was charged with Evasion of Service of Sentence. Should Mando
Rukot be convicted of the crime charged?
NO. Evasion of service of sentence can be committed only by a prisoner who escapes during the term of his Formatted: Font: English (Philippines)
imprisonment by final judgment. If the accused escaped while the sentence of conviction was under appeal, he
is not liable under Art. 157 the judgment not having become final. This is true notwithstanding his appeal being
dismissed and the decision appealed from having become final.

FALSIFICATION Formatted: Font: English (Philippines)

63.66. Is damage or intent to damage an element in the crime of falsification of documents? Formatted: Font: English (Philippines)
In falsification of private documents, damage or intent to damage is an element. Consequently, there is no Formatted: Font: English (Philippines)
crime of estafa thru falsification of private document.

In falsification of public documents, damage or intent to damage is NOT necessary. It is unnecessary that there Formatted: Font: English (Philippines)
be present the idea of gain or the intent to injure a third person, for the reason, that the principal thing punished
is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed.

64.67. Can the crime of falsification of documents be committed by culpa? Formatted: Font: English (Philippines)
In the crime of falsification of private documents, NO. Since damage or intent to damage is an element of the Formatted: Font: English (Philippines)
crime, it cannot be committed by culpa.

In the crime of falsification of public documents, YES. Damage or intent to damage is not essential. Hence, Formatted: Font: English (Philippines)
falsification of a public, commercial or official document may be committed by culpa.

65.68. Fritz, a municipal treasurer, certified that he paid Mark’s salary on July 31. However, the fact was he Formatted: Font: English (Philippines)
actually paid Mark on July 25. Fritz was charged with the crime of falsification. Will the charge prosper?
NO. In falsification by altering the true dates, it is material that the date in the document is essential. The Formatted: Font: English (Philippines)
alteration of the date must affect either the veracity of the document or the effects thereof. In the present case,
the alteration did not affect either the veracity of the document or the effects thereof.

66.69. Jeron falsified a check in order to defraud his brother Jeric. What crime/s did Jeron commit? Would Formatted: Font: English (Philippines)
your answer be the same if what was falsified by Jeron was a voucher?
Jeron committed the complex crime estafa through falsification of a commercial document. The falsification of a Formatted: Font: English (Philippines)
check was a necessary means to defraud his brother Jeric, thus, Art. 48(2) applies. However, if what falsified
was a voucher, Jeron will only be liable for falsification of a private document. There can be no complex crime
of estafa through falsification of a private document because they share the element of damage which if used in
one obliterates the other. If the falsification was necessary to commit estafa, just as in this case, falsification is
the crime. On the other hand, if falsification was resorted to only to conceal the crime of estafa, estafa is the
proper charge.

PERJURY Formatted: Font: English (Philippines)

70. Al Chua, a Chinese national, filed a petition under oath for naturalization, with the Regional Trial Court Formatted: English (Philippines)
of Manila. In his petition, he stated that he is married to Leni Chua; that he is living with her in
Sampaloc, Manila; that he is of good moral character; and that he has conducted himself in an
irreproachable manner during his stay in the Philippines. However, at the time of the filing of the
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petition, Leni Chua was already living in Cebu, while Al was living with Babes Toh in Manila, with whom
he has an amorous relationship. After his direct testimony, Al Chua withdrew his petition for
naturalization. What crime or crimes, if any, did Al Chua commit? Explain. Formatted: Font: Bold, Underline
Al Chua committed perjury. His declaration under oath for naturalization that he is of good moral character and Formatted: Indent: Left: 0.25", No bullets or numbering
residing at Sampaloc, Manila are false. This information is material to his petition for naturalization. He
committed perjury for this willful and deliberate assertion of falsehood which is contained in a verified petition
made for a legal purpose (Choa v. People, G.R. No. 142011, March 14, 2003).

71. Emilio was a Senior Clerk at San Antonio High School in Pampanga. He sought appointment as School
Administrative Assistant I, and as one of the requirements to said appointment, he filled up Civil
Service Form 212 and swore to the truth and veracity of the date and information therein that his
highest educational attainment was Fourth Year A.B. (Liberal Arts) allegedly pursued at the University
of Santo Tomas. On that basis, he was appointed to the position. But contrary to the claim Emilio, he
was never enrolled at UST certified by its Registrar. The name of the petitioner was not also included in
all the enrollment lists of college students submitted to the then Bureau of Private Schools. What was
the crime committed? Formatted: Font: Bold, Underline
Perjury. It is the willful and corrupt assertion of a falsehood under oath or affirmation administered by authority Formatted: Indent: Left: 0.25", No bullets or numbering
of law on a material matter. The elements of which are; a) the accused made a statement under oath or
executed an affidavit upon a material matter; b) that the statement or affidavit was made before a competent
officer, authorized to receive and administer oath; c.) that the statement or affidavit, the accused made a
deliberate assertion of a falsehood; d.) that the sworn statement or affidavit containing the falsity is required by
law or made for a legal purpose. All the elements enumerated therein are present in the case at bar, thus the
accused is guilty of perjury. (Diaz vs. People, G.R. No. L-65006 October 31, 1990)

67.72. Pido filed a complaint for damages against Eric before the trial court in Marikina. Attached to the
complaint was a Certification against Forum Shopping stating that there is no pending case of similar
facts and issues, but the truth was another complaint for damages arising from the same cause was
filed in an another court. The certification was subscribed and sworn to in Manila. If you were to file a
case of perjury against Pido, which court has jurisdiction?
The trial courts in Manila have jurisdiction. In perjury, the person penalized is the one who makes an affidavit,
upon any material matter before a competent person authorized to administer an oath. Perjury committed
through the making of a false affidavit under Art. 183 is committed at the time the affiant subscribes and swears
to his affidavit since it is at that time that all the elements of perjury are executed. The proper venue then would
be the place where the oath was taken, which in this case is in Manila (Union Bank of the Philippines v. People,
G.R. No. 192565, February 28, 2012).

68. Al Chua, a Chinese national, filed a petition under oath for naturalization, with the Regional Trial Court
of Manila. In his petition, he stated that he is married to Leni Chua; that he is living with her in
Sampaloc, Manila; that he is of good moral character; and that he has conducted himself in an
irreproachable manner during his stay in the Philippines. However, at the time of the filing of the
petition, Leni Chua was already living in Cebu, while Al was living with Babes Toh in Manila, with whom
he has an amorous relationship. After his direct testimony, Al Chua withdrew his petition for
naturalization. What crime or crimes, if any, did Al Chua commit? Explain.
Al Chua committed perjury. His declaration under oath for naturalization that he is of good moral character and
residing at Sampaloc, Manila are false. This information is material to his petition for naturalization. He
committed perjury for this willful and deliberate assertion of falsehood which is contained in a verified petition
made for a legal purpose (Choa v. People, G.R. No. 142011, March 14, 2003).
Formatted: Normal, Indent: Left: 0"
69.73. Emerson, a government employee, was administratively charged with immorality for having an affair
with Shirley, a co-employee in the same office who believed him to be single. To exculpate himself,
Emerson testified that he was single and was willing to marry Shirley, He induced Jenny to testify and
Jenny did testify that Emerson was single. The truth, however, was that Emerson had earlier married

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Jona, now a neighbor of Jenny. Is Emerson guilty of perjury? Are Emerson and Jenny guilty of
subordination of perjury?
NO. Emerson is not guilty of perjury because the willful falsehood asserted by him is not material to the charge
of immorality. Whether Emerson is single or married, the charge of immorality against him as a government
employee could proceed or prosper. In other words, Emerson's civil status is not a defense to the charge of
immorality, hence, not a material matter that could influence the charge.

There is no crime of subornation of perjury. The crime is now treated as plain perjury with the one inducing
another as the principal inducement, and the latter, as principal by direct participation (People v. Pudol, October
18, 1938). Since in this case Emerson cannot be held liable for perjury, the matter that he testified to being
immaterial, he cannot therefore be held responsible as a principal by inducement when he induced Jenny to
testify on his status. Consequently, Jenny is not liable as principal by direct participation in perjury, having
testified on matters not material to an administrative case.

GRAVE SCANDAL
74. Toto and Tata are sweethearts. One morning, they decided to have sexual intercourse in their backyard
covered by a concrete fence 3 meters high. Unknown to them, their neighbor Teresa witnessed the act
while using his newly bought binoculars. Outraged, he charged the couple with grave scandal. Will the
charge prosper? Will your answer be the same if a passerby saw them having sex in the Quezon City
Memorial Park during the wee hours in the morning? Formatted: Font: Bold
NO. Grave scandal consists of acts which are offensive to decency and good customs which, having been Formatted: Indent: Left: 0.25", No bullets or numbering
committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
The act must have been committed publicly and when done in a private place, it must be within public
knowledge or view. In the second scenario, Chino and Neni are guilty of grave scandal because when the act is
performed in a public place, public knowledge and view are unnecessary.

70. Chino and Neni are sweethearts. One morning, they decided to have sexual intercourse in their
backyard covered by a concrete fence 3 meters high. Unknown to them, their neighbor Morato
witnessed the act while using his newly bought binoculars. Outraged, he charged the couple with grave
scandal. Will the charge prosper? Will your answer be the same if a passer-by saw them having sex in
the Quezon City Memorial Park during the wee hours in the morning?
NO. Grave scandal consists of acts which are offensive to decency and good customs which, having been
committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
The act must have been committed publicly and when done in a private place, it must be within public
knowledge or view. In the second scenario, Chino and Neni are guilty of grave scandal because when the act is
performed in a public place, public knowledge and view are unnecessary.

BRIBERY
75. MarcosMark went to the DFA Consular Office for the renewal his passport. Seeing that the line was
quite long, MarcosMark gave GloriaMonina, an employee tasked with issuances of the passport in DFA,
P1000 to facilitate him. After just a few minutes, the passport was already renewed. What crime/s, if
any, did Marcos and GloriaMark and Monina commit? Would your answer be the same if MarcosMark
gave the money but GloriaMonina merely promised to help him in facilitating the process?
MoninaGloria is guilty of direct bribery under the second paragraph of Art. 210 and Markcos is guilty of Formatted: Indent: Left: 0.25", No bullets or numbering
corruption of public officials. MoninaGloria accepted a gift in consideration to perform an act which does not
amount to a crime but is unjust. MarkMarcos gave a promise under the circumstances which would make
Monina Gloria liable for direct bribery. However, if MoninaGloria merely promised to help him but did not
perform any act, he cannot be liable under the second way of committing direct bribery because it presupposes
that an overt act was performed by the public officer. Nevertheless, Markcos can still be liable for indirect
bribery because the gift was given by reason of his office.
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71.76. During a PNP buy-bust operation, Ta Ho was arrested for selling 20 grams of methamphetamine
hydrochloride (shabu) to a poseur-buyer. Ta Ho, through an intermediary, paid Peter, the Evidence
Custodian of the PNP Forensic Chemistry Section, the amount of P500,000.00 in consideration for the
destruction by Peter of the drug. Peter managed to destroy the drug.

State with reasons whether Peter committed the following crimes:

a. Direct Bribery;
b. Indirect bribery;

a. YES. Peter is liable for direct bribery under par. 1 of Art. 210 of the RPC, which is, accepting a gift by the
officer in consideration of the execution of an act amounting to a crime because he committed the crime of
Infidelity in the Custody of Documents. By destroying the shabu which is evidence in his official custody,
thus constituting infidelity in the custody of documents punishable under the Revised Penal Code.
b. NO. Peter cannot be liable for indirect bribery. Under Art. 211, indirect bribery is committed by a public
officer by accepting gifts offered to him by reason of his office. In indirect bribery, the public officer has not
yet done anything not called for by his functions and what is sought to be prevented is future misconduct on
his part in anticipation and for purposes of which the gift is given.

72. Seeing that the line in the LTO for the renewal of the driver’s license was quite long, Pedro gave Mando
Rugas, an employee tasked with the renewal of the driver’s license in LTO, P500 to facilitate the
renewal of his license. After just a few minutes, Mando was able to give to Pedro his license. What
crime/s, if any, did Pedro and Mando commit? Would your answer be the same if Pedro gave the money
but Mando merely promised to help him in facilitating the process?
Mando is guilty of direct bribery under the second paragraph of Art. 210 and Pedro is guilty of corruption of
public officials. Mando accepted a gift in consideration to perform an act which does not amount to a crime but
is unjust. Pedro gave a promise under the circumstances which would make Mando liable for direct bribery.
However, if Mando merely promised to help him but did not perform any act, he cannot be liable under the
second way of committing direct bribery because it presupposes that an overt act was performed by the public
officer. Nevertheless, Mando can still be liable for indirect bribery because the gift was given by reason of his
office.

MALVERSATION OF PUBLIC FUNDS

77. Matilde, as supply officer of the Office of the Provincial Engineer of Palawan, received from the
provincial cashier a cash advance of 18,000 pesos for the procurement of working tools for a certain
Irrigation project. Matilde’s receipt of the amount is evidenced by his signature appearing in
Disbursement Voucher No. 103-880-08. Two demand letters were received by Matilde from the
Provincial Treasurer to submit a liquidation of the 18,000 pesos cash advance, however she failed to
render the same. If you are to charge a crime, what would it be? Formatted: Font: Bold
Malversation of Public Funds. The failure of a public officer to have duly forthcoming any public funds or Formatted: Indent: Left: 0.25", No bullets or numbering
property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing fund or property to personal uses.
The elements essential for the conviction of an accused for Malversation of Public Funds:
a. That the offender is a public officer; Formatted: Font: Not Italic
b. That he has the custody or control of funds or property by reason of the duties of his office; Formatted: Indent: Left: 0.25", Numbered + Level: 1 +
c. That the funds or property are public funds or property for which he is accountable; and Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
d. That he appropriated, took, misappropriated or consented or through abandonment or negligence, Aligned at: 0.5" + Indent at: 0.75"
permitted another person to take them.
Formatted: Indent: Left: 0.25", No bullets or numbering
There can hardly be no dispute about the presence of the first three elements. Matilde is a public officer
occupying the position of a supply officer at the Office of the Provincial Engineer of Palawan. In that capacity,
he receives money or property belonging to the provincial government for which he is bound to account. It is
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the last element, i.e., whether or not petitioner really has misappropriated public funds, where the instant
petition focuses itself on.

In the crime of malversation, all that is necessary for conviction is sufficient proof that the accountable officer
had received public funds, that he did not have them in his possession when demand therefor was made, and
that he could not satisfactorily explain his failure to do so. Direct evidence of personal misappropriation by the
accused is hardly necessary as long as the accused cannot explain satisfactorily the shortage in his accounts. Formatted: Font: Italic
(Davalos Vs. People, G.R. No. 145229 , April 20, 2006)

73.78. Who is an accountable officer? Formatted: Font: English (Philippines)

A public officer who, in the discharge of his office, receives money or property of the government which he is Formatted: Font: English (Philippines)
bound to later account for. It is the nature of the duties of, not the nomenclature used for, or the relative
significance of the title to, the position which controls in the determination (Tanggote v. SB, G.R. No. 103584,
September 2, 1994). Simply put, by reason of his office, he is accountable for public funds or property.

74.79. As a rule public funds or property may be the subject of malversation, private funds declared by law as Formatted: Font: English (Philippines)
impressed with a public character can also be the subject of this crime. What are the criteria in
determining the status of public funds?
a. The source of the fund, whether national, provincial, municipal and so forth Formatted: Font: English (Philippines)
b. Whether it is in the custody of an officer for a public purpose. Formatted: Font: English (Philippines)
c. If it is in custody of an officer under the duty to account for the same (REGALADO, Criminal Law
Conspectus, 4th Edition, pp. 533). Formatted: Font: English (Philippines)

75. The Officers of the Bureau of Customs seized the smuggled luxury bags and shoes in Subic Bay. The Formatted: Font: English (Philippines)
custodian of the seized properties sold them in Ebay (a website for sale of things). Is he liable for
malversation?
YES. The smuggled luxury bags and shoes became public property the moment it was seized by public Formatted: Font: English (Philippines)
authority and the custodian was an accountable officer as far as the goods were concerned.

76.80. Corporal Don Tolentino of the Armed Forces of the Philippines deployed in Zamboanga was given a Formatted: Font: English (Philippines)
modern assault rifle to be used in protecting the country against terrorist groups. However, he was
dismissed from his office because of serious irregularities in the performance of his duties. He was
ordered to surrender the rifle but instead of surrendering it, he sold it. What crime did he commit?
He committed malversation of public funds. Even if he was dismissed from his position, he is still an Formatted: Font: English (Philippines)
accountable public officer within the contemplation of the law and is bound to return the rifle to his superior or
the government.
Formatted: Font: (Default) Calibri, 11 pt, Not Bold
77. Kobisaya, municipal treasurer of Pampanga, encashed with public funds private checks drawn in favor Formatted: Font: English (Philippines)
of his wife. In so doing, he violated the rules and regulations of his office. When charged with
malversation of public funds, he claimed that he merely borrowed the same with the intention of
returning it. Notwithstanding the restitution of the amount of the checks, can Kobisaya nevertheless be
criminally liable?
YES. Restitution of the amount malversed will not in any way exonerate an accused, as payment is not one of Formatted: Font: English (Philippines)
the elements of extinction of criminal liability, though, at most, payment of the amount malversed will serve as a
mitigating circumstance (Perez v. People, G.R. No. 164763, February 12, 2008).
Formatted: Normal, Indent: Left: 0"
78.81. Is ‘direct proof of conversion’ necessary to convict a public officer of the crime of malversation of
public funds?
As a general rule, mere absence of funds is not sufficient proof of conversion; neither is the mere failure of the
public officer to turn over the funds at any given time sufficient to make even the prima facie case. In fine,
conversion must be proved. However, an accountable officer may be convicted of malversation even in the
absence of direct proof of misappropriation so long as there is evidence of shortage in his account which he is
unable to explain (Legrama v. Sandiganbayan, G.R. No. 178626, June 13, 2012).
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PARRICIDE

82. Rosaria Ignacio lived with her husband, Juan Ignacio. Residing with them was Rosaria's daughter, Formatted: Space Before: Auto
Milagros V. Cabanilla, by a previous marriage. One night, Rosaria and Juan had a heated argument.
Milagros, entreated them to stop but the couple were in no mood to heed her. The following night at the
dinner, Juan and Rosaria had another quarrel. Milagros peeped and saw by the gas lamp that both were
pulling a piece of lawanit and each tried to take possession of it. Juan ultimately released
the lawanit and turned to go for his bolo when Rosaria picked up a palo-palo and hit Juan on the
nape. Rosaria left the straggling Juan and surrendered to the police at the municipal building. Juan
died the following day. According to her, while she was resting on the wooden bed near the kitchen,
her husband arrived drunk. Armed with a bolo, he went around the wooden bed and then faced her. She
finally stood up, pulled his hair, got hold of a palo-palo and hit him once on the head. Rosaria has
interposed this appeal praying that she be acquitted on the basis of self-defense or, in the alternative,
that she be held guilty only of homicide rather than of parricide. What crime was committed?
Parricide. Appellant contends that, if at all, she should be convicted only of homicide, not parricide, because
"there was no clear evidence of marriage" between her and the victim. Here, appellant not only declared in
court that the victim was her fourth husband but she also swore that they were married before a judge in
Montalban, Rizal. The victim's son testified that his father and appellant were husband and wife and appellant's
daughter, Milagros, held the victim to be her mother's husband. Appellant's own admission that she was
married to the victim was a confirmation of the semper praesumitur matrimonio and the presumption that a man
and a woman so deporting themselves as husband and wife had verily entered into a lawful contract of
marriage. (People vs. Ignacio, G.R. No. 107801, March 26, 1997) Formatted: Font: Italic
Formatted: Font: Italic, Pattern: Clear
79. In 1987, Ricardo, then a resident of Davao, abandoned his wife and their son, Andrew, who was then
only three years old. Twenty years later, an affray took place in a bar in Cebu City between Ricardo and Formatted: Font: Not Italic
his companions, on one hand, and Andrew and his friends, upon the other, without the father and son Formatted: Indent: Left: 0.25", No bullets or numbering
knowing each other. Andrew stabbed and killed Ricardo in the fight, only to find out, a week later, when
his mother visited him in jail, that the man whom he killed was his own father. What crime did Andrew
commit? Explain.
Andrew committed parricide because the person killed was his own father, and the law punishing the crime
(Art. 246, RPC) does not require that the crime be "knowingly" committed. Should Andrew be prosecuted and
found guilty of parricide, the penalty to be imposed is Art. 49 of the Revised Penal Code for Homicide (the
crime he intended to commit) but in its maximum period.
Formatted: Font color: Auto
PARRICIDE WITH UNINTENTIONAL ABORTION
80.83. Paul was so enraged when he arrived home and learned that his wife, Perla, who was seven months
pregnant with their child, had not yet cooked his dinner. Paul elbowed Perla on the chest and
proceeded to the kitchen. Perla fell backward, the back of her head hitting the edge of the dining table.
Blood oozed from her head. Paul brought Perla to the hospital in his car but she died on the way.
According to the doctor, Perla suffered shock which caused a cerebral hemorrhage, her death and
abortion. What is the criminal liability of Paul?
Paul committed the crime of parricide with unintentional abortion. Intent to kill is presumed when the victim of a
felonious act dies. Since Perla died because of the felonious act of Paul, he is criminally liable of parricide
under Art. 246, RPC in relation to Art. 4, par. 1 of the same Code. Further, since the unborn baby of Perla died
in the process, but Paul had no intention to cause the abortion of his wife, Paul committed unintentional
abortion as defined in Art. 257, RPC. Inasmuch as the single act of Paul produced two grave or less grave
felonies, he falls under Art. 48, RPC, that is, a complex crime (People v. Salufrancia, G.R. No. L-50884, March
30, 1988).
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DEATH UNDER EXCEPTIONAL CIRCUMSTANCES

84. Alden surprised his wife and her paramour having sexual intercourse on their bed. The paramour shot
Alden but he was able to evade it. He then hurriedly left the house and went to his friend to get a gun
and when he returned to the house after an hour the paramour was no longer there. He went to the
cockpit where the paramour frequented and found him there. He shot the paramour but in the process
hit two bystanders in the leg. The paramour died and the bystanders were injured. What is the liability
of Alden, if any, for the death of the paramour and the injury of the bystanders?
Alden may be held liable under death under exceptional circumstances under Art. 247. In order for Art. 247 to Formatted: Indent: Left: 0.25", No bullets or numbering
apply, it only requires that the death caused be the proximate result of the outrage caused by the spouse
seeing the infidelity. The killing need not be instantaneously done after having surprised his wife with a
paramour. For the injuries sustained by the bystanders, he may be charged under Art. 365 and not with
frustrated murder or homicide. (People v. Abarca, G.R. No. 74433, September 14, 1987) Formatted: Font: Italic
PARRICIDE WITH UNINTENTIONAL ABORTION Formatted: Left, Indent: Left: 0"
Formatted: Left
81. Paul was so enraged when he arrived home and learned that his wife, Perla, who was seven months
Formatted: Indent: Left: 0.25", No bullets or numbering
pregnant with their child, had not yet cooked his dinner. Paul elbowed Perla on the chest and proceeded to
the kitchen. Perla fell backward, the back of her head hitting the edge of the dining table. Blood oozed from
her head. Paul brought Perla to the hospital in his car but she died on the way. According to the doctor, Perla
suffered shock which caused a cerebral hemorrhage, her death and abortion. What is the criminal liability of
Paul?
Paul committed the crime of parricide with unintentional abortion. Intent to kill is presumed when the victim of a
felonious act dies. Since Perla died because of the felonious act of Paul, he is criminally liable of parricide
under Art. 246, RPC in relation to Art. 4, par. 1 of the same Code. Further, since the unborn baby of Perla died
in the process, but Paul had no intention to cause the abortion of his wife, Paul committed unintentional
abortion as defined in Art. 257, RPC. Inasmuch as the single act of Paul produced two grave or less grave
felonies, he falls under Art. 48, RPC, that is, a complex crime (People v. Salufrancia, G.R. No. L-50884, March
30, 1988).
Formatted: Indent: Left: 0.25"
DEATH UNDER EXCEPTIONAL CIRCUMSTANCES
82. Francis Queso surprised his wife and her paramour having sexual intercourse on their bed. The
paramour shot Francis but he was able to evade it. He then hurriedly left the house and went to his
friend to get a gun and when he returned to the house after an hour the paramour was no longer there.
He went to the cockpit where the paramour frequented and found him there. He shot the paramour but
in the process hit two bystanders in the leg. The paramour died and the bystanders were injured. What
is the liability of Francis, if any, for the death of the paramour and the injury of the bystanders?
Francis may be held liable under death under exceptional circumstances under Art. 247. In order for Art. 247 to
apply, it only requires that the death caused be the proximate result of the outrage caused by the spouse
seeing the infidelity. The killing need not be instantaneously done after having surprised his wife with a
paramour. For the injuries sustained by the bystanders, he may be charged under Art. 365 and not with
frustrated murder or homicide (People v. Abarca, G.R. No. 74433, September 14, 1987).

MURDER
85. Felipe was driving a motorela, together with his wife Rosita and another passenger, Engr. Wilfredo, Formatted: Font: 10 pt
who is the deceased. The deceased was picked up by them on their way home and requested them to
bring him to his house. While on their way, a white vehicle, which was later on identified as a Ceres Kia
automobile bearing Plate No. 722, intentionally hit and pushed the motorela that they were riding and
violently kept pushing it causing it to turn around facing the direction from where it came from and fell Formatted: Right

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on its right side. Rosita testified that while she was struggling out of the motorela she noticed that the
white vehicle went up the elevated catwalk or pathway pursuing Engr. Wilfredo who was hit when he
was already at the railing. Then she observed that the white vehicle drove away without even caring to
see what happened to them. What was the crime committed?
The crime committed by the accused is the complex crime of murder with less serious physical injuries. The Formatted: Indent: Left: 0.25", No bullets or numbering
indictment against accused-appellant is murder attended by the use of motor vehicle. The use of a motor
vehicle qualifies the killing to murder if the same was perpetrated by means thereof. Appellant's claim that he
merely used the motor vehicle to stop the victim from escaping is belied by his actuations. By his own
admission, he testified that there was a police mobile patrol near the crossing. Accused-appellant could have
easily sought the assistance of the police instead of taking the law into his own hands.

86. Candido stabbed an innocent bystander who accidentally bumped him. The innocent bystander died as Formatted: Font: Bold
a result of the stabbing. Candido was arrested and was tested to be positive for the use of “shabu” at Formatted: Justified
the time he committed the stabbing. What should be the proper charge against Candido? Explain.
The killing was not attended by any of the qualifying circumstances enumerated under Article 248 of the Formatted: Justified, Indent: Left: 0.25", No bullets or
Revised Penal Code. The killing, however, constitutes murder because the commission of the crime under the numbering
influence of prohibited drugs is a qualifying, aggravating circumstance. (Sec. 25, R.A. No. 9165)
Formatted: Indent: Left: 0.25", No bullets or numbering
83.87. Jason and Jerson harbored a long standing grudge against Jorge who refused to marry their sister
Janet, after the latter got pregnant by Jorge. After weeks of surveillance, they finally cornered Jorge in
San Miguel, Manila, when the latter was walking home late at night. Jason and Jerson forcibly brought
Jorge to Bataan where they kept him hog-tied in a small nipa house located in the middle of a rice field.
Two days later, they killed Jorge and dumped his body into the river. What crime or crimes did Jason
and Jerson commit?
Jason and Jerson committed the crime of Murder under Art 248, RPC, the killing being qualified by evident
premeditation. This is due to the long standing grudge entertained by the two accused occasioned by the
victim's refusal to marry their sister after impregnating her.

In People v. Alfeche. G.R. No. 124213, August 17, 1998, the intention of the accused is determinative of the
crime committed. Where the intention is to kill the victim and the latter is forcibly taken to another place and
later killed, it is murder. There is no indication that the offenders intended to deprive the victim of his liberty.
Whereas, if the victim is kidnapped, and taken to another situs and killed as an afterthought, it is kidnapping
with homicide under Art. 267, RPC.

HOMICIDE WITH ASSAULT UPON A PERSON IN AUTHORITY

84.88. Noel operated a rice thresher in Barangay Plaridel where he resided. Raul, a resident of the neighboring
Barangay Teresita, also operated a mobile rice thresher which he often brought to Barangay Plaridel to
thresh the palay of the farmers there. This was bitterly resented by Noel. One afternoon Noel, and his
two sons confronted Raul and his men who were operating their mobile rice thresher along a feeder
road in Plaridel. A heated argument ensued. A barangay captain who was fetched by one of Noel's men
tried to appease Noel and Raul to prevent a violent confrontation. However, Noel resented the
intervention of the barangay captain and hacked him to death. What crime was committed by Noel?
Noel committed the complex crime of homicide with assault upon a person in authority (Arts. 148 and 249 in
relation to Art, 48, RPC). A barangay chairman is in law (Art. 152), a person in authority and if he is attacked
while in the performance of his official duties or on the occasion thereof the felony of direct assault is
committed.

Art. 48, RPC, on the other hand, provides that if a single act produces two or more grave or less grave felonies,
a complex crime is committed. Here, the single act of the offender in hacking the victim to death resulted in two
felonies, homicide which is grave and direct assault which is less grave.

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TUMULTOUS AFFRAY

85. During a town fiesta, a free-for-all fight erupted in the public plaza. As a result of the tumultuous affray,
Lando, a mere bystander, sustained one fatal and three superficial stab wounds. He died a day after.
Marco, Nato, Oliver, and Pablo were proven to be participants in the "rumble", each using a knife
against Lando, but it could not be ascertained who among them inflicted the mortal injury. Who shall be
held criminally liable for the death of Lando and for what?
Marco, Nato, Oliver, and Pablobeing participants in the tumultuous affray and having been proven to have
inflicted serious physical injuries, or at least, employed violence upon Lando, are criminally liable for the latter's
death. And because it cannot be ascertained who among them inflicted the mortal injury on Lando, there being
a free-for-all fight or tumultuous affray. Marco, Nato, Oliver, and Pablo are all liable for the crime of death
caused in a tumultuous affray under Art, 251 of the Revised Penal Code.

NOTE: The person killed could be a participant or anybody caught in the melee. Formatted: Font: Bold

RAPE THROUGH SEXUAL INTERCOURSE

89. Ganda lives with Hugo and his common-law partner. At around 1:00 in the morning of 14 May 2009, and
while Hugo’s wife was away, Ganda was awakened by Hugo undressing her. Ganda tried to struggle
but Hugo was tightly holding her arms. Hugo kissed and mounted her. Hugo was able to insert his
penis into her vagina. Ganda felt pain in her genitalia. Thereafter, Hugo went back to sleep leaving
Ganda crying. At about 6:00 or 7:00 in the morning, Hugo left Ganda with a letter apologizing for what
happened and begging her not to tell on his wife. What was the crime committed?
Rape qualified by Moral Ascendancy. The following requisites are present to consummate the crime of rape: (1) Formatted: Indent: Left: 0.25", No bullets or numbering
the offender had carnal knowledge of a woman; and (2) he accomplished this act through force, threat or
intimidation, when she was deprived of reason or otherwise unconscious, or when she was under 12 years of
age or was demented.

The Supreme Court has ruled that the force or violence that is required in rape cases is relative; when applied,
it need not be overpowering or irresistible. That it enables the offender to consummate his purpose is enough.
The parties’ relative age, size and strength should be taken into account in evaluating the existence of the
element of force in the crime of rape. The degree of force which may not suffice when the victim is an adult may
be more than enough if employed against a person of tender age. (People V. Michael Joson y Rogando, G.R. Formatted: Font: Italic
No. 206393. January 21, 2015) Formatted: Font: Italic

86.90. What determines the number of counts of rape that is committed by an accused?
It is not the number of times that the accused ejaculated but the penetration or ‘touching’ that determines the
consummation of the sexual act. Hence, where an accused ejaculated twice during the time that he
consummated the rape, but did not withdraw his penis to insert it again into the vagina or to touch the labia
majora and the labia minora when he ejaculated the second time, there is only one count of rape that is
committed. (People v. Orilla, G.R. No. 148939-40, February 13, 2004). Formatted: Font color: Auto

87. Three policemen conducting routine surveillance of a cogonal area in Antipolo chanced upon Gary, a
15-year old tricycle driver, on top of Maria who was known to be a child prostitute. Both were naked
from the waist down and appeared to be enjoying the sexual activity. Gary was arrested by the
policemen despite his protestations that Maria enticed him to have sex with her in advance celebration
of her twelfth birthday. Is Gary liable for any offense?
Gary is liable for rape, even if force or intimidation is not present. The gravamen of the offense of statutory rape
as provided under Article 335 of the Revised Penal Code is the carnal knowledge of a woman below twelve
years old. The only elements of statutory rape are: (1) that the offender had carnal knowledge of a woman; and
(2) that such woman is under twelve (12) years of age. It is not necessary to prove that the victim was
intimidated or that force was used against her, because in statutory rape the law presumes that the victim, on
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account of her tender age, does not and cannot have a will of her own own. (People v. Lopez, G.R. No. Formatted: Font color: Auto
179714, October 2, 2009). Formatted: Font: Italic

RAPE THROUGH SEXUAL ASSAULT

91. Allan requested his mother to pick up Rick. Rick, then 31 years old, is a distant relative and textmate of Formatted: Don't adjust space between Latin and Asian text,
Allan, then 10 years old. Allan’s mother told Rick to spend the night at their house as it was late. He Don't adjust space between Asian text and numbers
slept on the sofa while Allan slept on the living room floor. It was around 2:00 a.m. when Allan awoke
as “he felt pain in his anus and stomach and something inserted in his anus.” He saw that Rick
“fondled his penis.” When Rick returned to the sofa, Allan ran toward his mother’s room to tell her what
happened. He also told his mother that Rick played with his sexual organ. Allan’s mother armed herself
with a knife for self-defense when she confronted Rick about the incident, but he remained silent. She
asked him to leave. Allan’s mother then accompanied Allan to the barangay hall where they were
directed to report the incident to the Sta. Rosa police station. What was the crime committed?
Rape through Sexual Assualt. Rape under the second paragraph of Article 266-A is also known as “instrument Formatted: Indent: Left: 0.25", No bullets or numbering
or object rape,” “gender-free rape,” or “homosexual rape.” The gravamen of rape through sexual assault is “the
insertion of the penis into another person’s mouth or anal orifice, or any instrument or object, into another
person’s genital or anal orifice.” (Richard Ricalde V. People, G.R. No. 21100, January 21, 2015) Formatted: Font: Italic

RAPE v. SEDUCTION v. ACTS OF LASCIVIOUSNESS v. ABDUCTION

88.92. Distinguish Rape v. seduction v. acts of lasciviousness v. abduction

POINT OF ACTS OF
RAPE SEDUCTION ABDUCTION
COMPARISON LASCIVIOUSNESS
By using force or Qualified By using force or Forcible
intimidation, or Seduction (Art. intimidation, or Abduction (Art.
337): There is 342): Female
When the woman abuse of authority, When the woman is was abducted
is deprived of confidence or deprived of reason against her will
reason or relationship on the or otherwise
otherwise part of the offender unconscious, or Consented
unconscious, or Abduction (Art.
Circumstances Simple Seduction By means of 343): Female
present By means of (Art. 338): fraudulent was abducted
fraudulent Committed by machination or with her consent
machination or means of deceit grave abuse of but only after
grave abuse of authority, or solicitation or
authority, or cajolery from the
When the woman is offender
When the woman under 12 years of
is under 12 years age or demented.

of age or NOTE: If all element

demented. are present except
any of the above-
mentioned
circumstances, the
crime is unjust
vexation.
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No Qualified Acts of Forcible

Seduction (Art. Lasciviousness (Art. Abduction (Art.
337) of a sister or 336): No 342): No
descendant: No
Acts of Consented
Qualified Lasciviousness (Art. Abduction (Art.
Age and Seduction (Art. 339) against a sister 343): Yes
Reputation 337) of a female or descendant: No
Material over 12 y.o. and
under 18 y.o.: Yes Acts of
Lasciviousness (Art.
Simple Seduction 339) against a
(Art. 338): Yes female who is under
18 y.o. but over 12
y.o.

KIDNAPPING
93. Ruben and Rosita, conspiring together, took away Nicole, a 2-year old female child, without the consent
of her parents, for the purpose of extorting ransom from the latter, and thereafter, detained her and
deprived her of her freedom and liberty up to and until 4:30 o’clock in the afternoon of the following
day. Joel, having learned of the kidnapping and without having participated therein as principal or
accomplice, took part by assisting the principal accused to profit by the effects of the crime by
accompanying and driving for accused Ruben to the place where the pay-off was made and receiving
the ransom money in the amount of P100,000. What was the crime committed?
Kidnapping. The essence of kidnapping is the actual deprivation of the victim’s liberty, coupled with indubitable Formatted: Indent: Left: 0.25", No bullets or numbering
proof of the accused’s intent to effect the same. And if the person detained is a child, the question that needs to
be addressed is whether there is evidence to show that in taking the child, there was deprivation of the child’s
liberty and that it was the intention of the accused to deprive the mother of the child’s custody. Undoubtedly, the
elements of kidnapping for ransom have been sufficiently established by the prosecution considering the
following circumstances: 1) appellant, a private individual, took the young Nicole without personally seeking
permission from her father; 2) appellant took the girl and brought her to a shanty where Rosita’s sister lived,
without informing her parents of their whereabouts; 3) he detained the child and deprived her of her liberty by
failing to return her to her parents overnight and the following day; and, 4) he demanded a ransom of P100,000
through telephone calls and gave instructions on where and how it should be delivered. Under the provision,
the imposition of death penalty is mandatory if the victim is a minor. (People vs. Surriaga,G.R. No. 123779, Formatted: Font: Italic
April 17, 2002 ) Formatted: Font: Italic
Formatted: Indent: Left: 0.25", No bullets or numbering
89. When a person is deprived of his liberty by a private individual and such person is killed, what is the
crime committed?
The private person may have committed either:
a. KIDNAPPING WITH HOMICIDE OR MURDER: “Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely sought or was merely an afterthought, the
kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate
crimes, but shall be punished as a special complex under the last paragraph of Art. 267, as amended by
RA No. 7659” (Parulan v. Rodas, G.R. No. L-1536, July 31, 1947).

b. ONLY HOMICIDE OR MURDER: “If the primary and ultimate purpose of the accused is to kill the victim,
the incidental deprivation of the victim’s liberty does not constitute the felony of kidnapping but is merely a
preparatory act to the killing, and hence, is merged into, or absorbed by, the killing of the victim” (People v.
Delim, G.R. No. 142773, January 28, 2003).

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90.94. AJ Eagle took Eliza, the seven year old daughter of his neighbor Sam Milky, and brought her to
Novaliches. It was Eliza’s first time to reach Novaliches. AJ would allow Eliza to play in the park and
was never placed in confinement and her freedom of movement was never restricted. Despite demand,
AJ would not return Eliza to Sam. If you were the prosecutor, what charge/s, if any will you file against
AJ?
I would charge him with Kidnapping and Serious Illegal Detention. The essence of kidnapping is the actual
deprivation of the victim’s liberty, coupled with indubitable proof of the intent of the accused to effect such
deprivation. Because she did not know her way home, she was then and there deprived of her liberty. Leaving
a child in a place from which she did not know the way home, even if she had the freedom to roam around the
place of detention, would still amount to deprivation of liberty (People v. Joel Baluya, G.R. No. 181822, April 13,
2011).

91.95. X and Y were legally separated. Their child Z, a minor, was placed in the custody of X the mother,
subject to monthly visitations by Y, his father. On one occasion, when Y had Z in his company, Y
decided not to return Z to his mother. Instead, Y took Z with him to the United States where he intended
for them to reside permanently. Is there any criminal liability against Y?
YES, Y committed the crime of kidnapping and failure to return a minor under Art.271 of the RPC. Art. 271
expressly penalizes any parent who shall take from and deliberately fail to restore his or her minor child to the
parent or guardian to whom custody of the minor has been placed. Since the custody of Z has been given to
the mother and Y has only the right of monthly visitation, the latter's act of taking C to the United States, to
reside there permanently, constitutes a violation of said provisions of law.

SERIOUS ILLEGAL DETENTION, SLIGHT ILLEGAL DETENTION,

UNLAWFUL ARREST AND ARBITRARY DETENTION
92.96. Differentiate the following from each other: Serious Illegal Detention, Slight Illegal Detention, Unlawful
Arrest and Arbitrary Detention.

POINT OF SERIOUS SLIGHT UNLAWFUL ARBITRARY

COMPARISON ILLEGAL ILLEGAL ARREST DETENTION
DETENTION DETENTION
Any private Any private Any private Any public officer
person person person or any vested with
public officer NOT authority to detain
vested with or order the
Offender
authority to detain detention of
or order the another
detention of
another
NONE NONE YES and that is to NONE
deliver him to the
Must there be a
proper authorities,
specific purpose
and develops to
be unlawful.
YES, only if it is NO NO YES, penalty is
Is period of serious illegal dependent on the
detention an detention under length of
element Art. 267, par. 1(1) detention
of the RPC.
What should be Presence of one Absence of any of Motive or Period of
considered of the special the special Purpose of the detention and
always circumstances circumstances arrest and Authority of the
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mentioned in Art. mentioned in Art. detention offender

267. 267

THREATS AND COERCIONS

93.97. Marie boarded a cab driven by Pedro. He demanded that she go on a date with him otherwise he would
drive the car of the Quezon Bridge and into the Pasig River. Fearing for her life, she jumped of the cab.
Pedro was charged with grave coercion but he assailed that if he was to be charged of any crime, it
should be grave threats where the offender did not attain his purpose. Is Pedro correct?
NoO. The proper charge is grave coercion because if the threat is immediate it falls under grave coercion
whereas grave threats apply when the harm which the offender threatens to commit is in the future. Moreover,
grave coercion is consummated even if the offender failed to accomplish his purpose.

94.98. Distinguish among the three kinds of threat.

The three kinds of threat are grave threat, light threat, and other light threats. The distinctions among these are:
a. Between grave and light threats: in grave threats, the wrong threatened amounts to a crime which may or
may not be accompanied by any condition. In light threats, the wrong threatened does not amount to a
crime but is always accompanied with a condition.
b. Between light threat and other light threats: in light threat, the threat does not amount to a crime and there
is a demand for conditions; in other light threats, the wrong does not also amount to a crime but there is no
demand for money or other conditions.
c. In grave threat, the harm or wrong threatened is in the nature of a crime like a threat to kill and there are
indications that the offender persists in that purpose. However, although in the nature of a crime, if the
threat was made in the heat of anger and subsequent event shows that he does not intend to pursue the
threat, it is other light threat. (Boado, 2012, p.807). Formatted: Font: Italic
Formatted: Font color: Auto
UNJUST VEXATION
95.99. Roberto Maligaya, a widower for the past 10 years, felt that his retirement at the age of 70 gave him the
opportunity to engage in his favorite pastime — voyeurism. If not using his high-powered binoculars to
peep at his neighbor's homes and domestic activities, his second choice was to follow sweet young
girls. One day, he trailed a teenage girl up to the LRT station at EDSA-Buendia. While ascending the
stairs, he stayed one step behind her and in a moment of bravado, placed his hand on her left hip and
gently massaged it. She screamed and shouted for help. Roberto was arrested and charged with acts of
lasciviousness. Is the designation of the crime correct?
The designation of the crime as acts of lasciviousness is not correct. There is no lewd design exhibited by
Eduardo when he placed his hand on the left hip of the victim and gently massaging it. The act does not clearly
show an exclusively sexual motivation. The crime he committed is only unjust vexation for causing annoyance,
irritation or disturbance to the victim (Art. 287, Revised Penal Code), not acts of lasciviousness (Art. 336, Formatted: Font: Italic
Revised Penal Code). Formatted: Font: Italic

ROBBERY
A, B, and C agreed to rob the house of Mr. Dat 10 o’clock in the evening, with Cas the driver of the
tricycle which they would use in going to and leaving the house of Mr. D, and A and B as the ones who
would enter the house to get the valuables of Mr. D. As planned, C parked the tricycle in a dark place,
while A and B entered the house thru an open door. Once inside, A entered the master’s bedroom and
started getting all the valuables he could see, while B entered another room. While inside the room, B
saw a male person and immediately B brought out his gun but he accidentally pulled its trigger. The
bullet went through the window, hitting a neighbor that killed him. Neighbors were then awakened by
the gunfire and policemen were alerted. Not long after, policemen arrived. A and B panicked and got
hold of a young boy and shouted to the policemen who were already outside of the house that they
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would harm the boy if the policemen did not disperse. A and B demanded that they should be allowed
to use a vehicle to bring them to a certain place and that would be the time that they would release the
young boy. The policemen acceded. In the meantime, C was arrested by the policemen while he was
about to flee, while A and B, after releasing the young boy, were arrested.

What crime(s) did A, B, and commit, and what modifying circumstances attended the commission of
the crime/s? (2014 Bar Exam Question) Formatted: Font: Bold

A, B and C committed the crime of robbery with homicide under paragraph 1 of Article 294 of the RPC. It is
immaterial that the death of a person occurred by accident. As long as homicide produced by reason or on
occasion of the robbery, the crime of robbery with homicide as it is only the result, without reference or
distinction as to the circumstances, causes, modes or persons intervening in the commission of the crime that
has to be taken into consideration. They are not liable for the detention of the boy as illegal detention because it
was absorbed by the crime of robbery.
Formatted: Font: (Default) Arial, 10 pt
96.100. Qboy is a sales agent of Anson’s Condominium Corporation (ACC). He is given access to two Formatted: Normal, No bullets or numbering
condominium units located in West Mansions Condominium, owned and Operated by ACC. His
principal task is to show said units to prospective and interested buyers. Because of his good
performance, ACC allowed him to use one of the units as his residence, and allowed his family to stay
thereat. After several months, Popoy and Pepito, the company guards, forced open the unit being used
by Qboy as his residence and took all the personal properties found therein. They also replaced the
door knob which prevented Qboy from entering said unit. Popoy and Pepito were charged with robbery.
As defense, they claim that they did not take any personal property and that they merely took the
properties upon the issuance of ACC’s board resolution ordering the seizure of all documents in
possession of Qboy. Will the case prosper?
NO. The respondents should not be held liable for the alleged unlawful act absent a felonious intent."Actus non Formatted: Font color: Auto
facit reum, nisi mens sit rea. A crime is not committed if the mind of the person performing the act complained
of is innocent. Taking as an element of robbery means depriving the offended party of ownership of the thing
taken with the character of permanency. The taking should not be under a claim of ownership. Thus, one who
takes the property openly and avowedly under claim of title offered in good faith is not guilty of robbery even
though the claim of ownership is untenable. The intent to gain cannot be established by direct evidence being
an internal act. It must, therefore, be deduced from the circumstances surrounding the commission of the
offense. In this case, it was shown that respondents believed in good faith that they and the corporation own
not only the subject unit but also the properties found inside. If at all, they took them openly and avowedly
under that claim of ownership (Sy v. Gutierrez, GR No. 171579, April 13 2011). Formatted: Font: Italic, Font color: Auto
Formatted: Font: Italic
97.101. Three armed men forcibly entered the house of Pedro. Pedro tried to repel the malefactors but was
overpowered when one hit him with a butt of a gun which caused him to fall. He feigned death for fear
of his life. They took his television and some pieces of jewelry. They were charged with robbery with
force upon things under Art. 299. However, they contend that they should be charged with robbery
under Art. 294(5) because the violence against persons is the controlling factor since robbery with
violence or intimidation against persons is graver than robbery with force upon things. Are their
contentions correct?
NOo. Although robbery with violence or intimidation against persons is graver than robbery with force upon
things, to apply Art. 294(5) in this case would result in absurdity. Because to do so, would result in a lower
penalty to be imposed upon them which would not be in harmony that robbery with violence is graver. It is
therefore more plausible that Art. 294 applies only when the robbery with violence is committed without entering
an inhabited house (Napolis v. Court of Appeals, G.R. No. L-28865, February 28, 1972).

98.102. Karl and Roy barged into the house of Ezrah and Laverne, armed with a handgun and knives. They tied
Ezrah and Laverne’s hands and feet, and asked for the location of their money, jewelry and other
valuables. When Ezrah pointed to the direction of the master bedroom, Karl rushed inside and
subsequently went out of the room carrying bags and a jewelry box. Roy, on the other hand, succeeded
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in raping Ezrah and clipping off Laverne’s right ear. Before leaving the house, Karl lit up a match and
threw it on the window curtains. As a result, the house caught fire. The two perpetrators were
apprehended outside the house by two barangay tanods, who were also able to save Ezrah and
Laverne. What crime/s was/were committed by Karl and Roy?
Karl and Roy committed the crime of robbery with rape. For a conviction of the crime of robbery with rape to
stand, it must be shown that the rape was committed by reason or on the occasion of a robbery and not the
other way around. This special complex crime under Art. 294 of the Revised Penal Code contemplates a
situation where the original intent of the accused was to take, with intent to gain, personal property belonging to
another and rape is committed on the occasion thereof or as an accompanying crime.The fact that the first
thing that Karl and Roy did after tying the hands and feet of Ezrah and Laverne was to ask for the location of
the valuables, shows that the original intent of Karl and Roy is to rob the house and Ezrah was raped on the
occasion of the robbery. Furthermore, even though, during the robbery, the crimes of arson and intentional
mutilation were also committed, these two crimes are absorbed in the special complex crime of robbery with
rape.

99.103. Juan was the stay-in houseboy of spouses Pedro and Maria. While they were out for dinner, Juan
gained entry into the master’s bedroom with the use of a false key. He found Maria’s jewelry inside a
jewelry box which was opened. Juan took the jewelry and went outside the room but was surprised by
Pedro who pointed a gun at them. Maria then called the police and apprehended him. He was charged
with robbery with force upon things. However, he claims that if he is guilty of any crime it should be
attempted theft only and not robbery because there was no abuse of confidence and that he was
caught before he could leave the house. Is Juan correct?
He is partly correct. He cannot be guilty of robbery with force upon things. Firstly, the false key was not used to
gain entrance into the house but was only used to enter the master’s bedroom. It can also not fall under the
second form of robbery with force upon things because the jewelry box was not broken or forced open.
However, he is guilty of qualified theft. Theft is qualified when committed by a domestic servant and it is
immaterial if it was done with grave abuse of confidence. Moreover, theft is consummated even if the offender
had no opportunity to dispose of the thing so long as the owner is dispossessed thereof.

100.104. Distinguish Highway Robbery under Presidential Decree No. 532 from Robbery committed on a
highway.
Highway Robbery under Pres. Decree 532 differs from ordinary Robbery committed on a highway in these
respects:
a. In Highway Robbery under PD 532, the robbery is committed indiscriminately against persons who
commute in such highways, regardless of the potentiality they offer; while in ordinary Robbery committed
on a highway, the robbery is committed only against predetermined victims;
b. It is Highway Robbery under PD 532, when the offender is a brigand or one who roams in public highways
and carries out his robbery in public highways as venue, whenever the opportunity to do so arises. It is
ordinary Robbery under the Revised Penal Code when the commission thereof in a public highway is only
incidental and the offender is not a brigand; and
c. In Highway Robbery under PD 532, there is frequency in the commission of the robbery in public highways
and against persons travelling thereat; whereas ordinary Robbery in public highways is only occasional
against a predetermined victim, without frequency in public highways.

THEFT
105. Billy, a Taxi Driver, found a wallet and a bracelet at the back of his taxi. Upon inspecting it, saw the
name and address of the owner inside the wallet. He surrendered the same to the nearest police
station. SP01 Galutera received the lost belongings, instead of looking for the owner of the said
belongings he was induced to sell the same out of need for money. Based on the findings of facts, the
said wallet and bracelet was actually stolen from the owner and it was left by the thief in the taxi driven
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by Billy. An action for criminal liability has been filed against SP01 Galutera for committing theft. Is the
case proper?
YES. SPO1 Galutera is criminally liable for theft. His contention that he has not committed any crime because
he was not the one who found the wallet and bracelet and it turned out to be stolen also is devoid of merit. It is
enough that the wallet and bracelet belonged to another and the failure to restore the same to its owner is
characterized by intent to gain. The act of SPO1 Galutera of selling the bracelet which does not belong to him
and which he only held to be delivered to its owner is furtive misappropriation with intent to gain.

101.106. Francis Garcia, a Jollibee waiter, found a gold bracelet in front of his working place in Makati and, upon
inspecting it, saw the name and address of the owner engraved on the inside. Remembering his
parents' admonition that he should not take anything which does not belong to him, he delivered the
bracelet to PO1 Jesus Reyes of the Makati Quad precinct with the instruction to locate the owner and
return it to him. PO1 Reyes, instead, sold the bracelet and misappropriated the proceeds. Subsequent
events brought out the fact that the bracelet was dropped by a snatcher who had grabbed it from the
owner a block away from where Francis had found it and further investigation traced the last possessor
as PO1 Reyes. Charged with theft, PO1 Reyes reasoned out that he had not committed any crime
because it was not he who had found the bracelet and, moreover, it turned out to have been stolen.
Resolve the case with reasons.
PO1 Reyes is criminally liable for theft. His contention that he has not committed any crime because he was not
the one who found the bracelet and it turned out to be stolen also is devoid of merit. It is enough that the
bracelet belonged to another and the failure to restore the same to its owner is characterized by intent to gain.
The act of PO1 Reyes of selling the bracelet which does not belong to him and which he only held to be
delivered to its owner is furtive misappropriation with intent to gain. Where a finder of lost or mislaid property
entrusts it to another for delivery to the owner, the person to whom such property is entrusted and who accepts
the same, assumes the relation of the finder to the owner as if he was the actual finder: if he would
misappropriate it, he is guilty of theft.
Formatted: Indent: Left: 0.25"
Franchiz, wanting to surprise his girlfriend Lovey in her birthday, saved money which he kept in a Formatted: Left
paper bag in the trunk of his car with a note “For the birthday of my love LOVEY”. Lovey accidentally
discovered the money and took it with which she bought an expensive bag as a gift for her birthday.
When Lovey was charged with the crime of theft she contended that the money was hers since it will be
for her birthday. Is her defense tenable? Explain.
102.NoO. The money is not the personal property of Lovey as it was not given to her by Franchiz. Moreover, Lovey Formatted: Left, Indent: Left: 0.25", No bullets or
numbering
took the money with intent to gain and without the consent of Franchiz. Hence, she is liable for theft.
103. Formatted: Font: (Default) Arial, 10 pt, Bold
No. The money is not the personal property of Lovey as it was not given to her by Franchiz. Moreover, Lovey took Formatted: Normal, Left, No bullets or numbering
the money with intent to gain and without the consent of Franchiz. Hence, she is liable for theft.
Formatted: Left, Indent: Left: 0"
Formatted: Font color: Auto
AQUALIFIED THEFT
Formatted: Font: Bold

107. Romeo stole ten horses from Nathalie’s barn. Nathalie caught Romeo in the act and he tried to stop Formatted: List Paragraph, Justified, Outline numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 51 +
such rustling. Romeo took a knife out of his pocket and stabbed Nathalie in the chest causing her Alignment: Right + Aligned at: 0" + Indent at: 0.25"
instantaneous death. Is Romeo guilty of rustling and homicide?
NO. Killing is absorbed in cattle rustling because it is still malum in se being an amendment to Article 310. The Formatted: Font: (Default) Times New Roman, 14 pt,
Underline
crime is still cattle rustling albeit qualified cattle rustling. Sec. 8 of PD No. 533 provides that if a person is
seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the penalty of Formatted: Justified
reclusion perpetua to death shall be imposed. Formatted: Font: Italic
ARSON Formatted: Font: (Default) Times New Roman, 14 pt, Font
color: Auto
104.108. State the rules on criminal liability when both burning and death occur. Formatted: Font: Times New Roman, 14 pt, Bold, Underline
a. When the main objective is the burning of the edifice, but death results by reason or on occasion thereof,
Formatted: Font color: Auto
the crime committed is Simple Arson and the resultant homicide is absorbed.
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b. When the main objective is to kill a particular person inside the building and fire is resorted to as a means
to accomplish such killing, the crime is committed is Murder.
c. When there has already been a previous killing, and the fire is resorted to as a means to cover up the
killing, there will be two separate and distinct crimes of homicide/murder and arson (People v. Malngan,
G.R. No. 170470,September 26, 2006).

105.109. Charlie is the stepfather of Nathan. One day, Charlie got very mad at Nathan for failing in his college
courses. In his fury, Charlie got the school bag of Nathan and burned it together with all its contents.
What is the crime committed? Is Charlie criminally liable?
The crime committed by Charlie is arson under Pres. Decree No. 1613 (the new Arson Law) which punishes
any person who burns or sets fire to the property of another (Sec. 1 of P.D. No. 1613).

Charlie is criminally liable although he is the stepfather of Nathan whose property he burnt, because such
relationship is not exempting from criminal liability in the crime of arson but only in crimes of theft, swindling or
estafa, and malicious mischief (Art. 332, Revised Penal Code). The provision (Art. 323) of the Code to the
effect that burning property of small value should be punished as malicious mischief has long been repealed by
P.D.No. 1613; hence, there is no more legal basis to consider burning property of small value as malicious
mischief.

ESTAFA
110. Anita Chua issued to Araceli Lo, complainant, five postdated checks drawn against Pacific Bank in Formatted: Font: (Default) Arial, 10 pt
payment of imported items. Petitioner went again to Lo’s house to purchase some imported items and Formatted: Line spacing: single
issued eight postdated checks drawn against the same bank. On their due dates, complainant
deposited the checks but the same were dishonored. She then notified the petitioner and demanded
payment, to which the petitioner failed to redeem or pay the amounts of the checks. Appellant admitted Formatted: Font: (Default) Arial, 10 pt
using the checks but interposed the defense that she issued the checks as collateral and by way of
accommodation of the complainant who requested for the checks. Was there Estafa?
YES. Article 315 (2)(d) of the RPC penalizes any person who defrauds another by postdating a check or Formatted: Font: (Default) Arial, 10 pt
issuing a check in payment of an obligation when the offender has no funds in the bank or his funds deposited Formatted: List Paragraph, Indent: Left: 0.25", Right: 0",
therein are not sufficient to cover the amount of the check. Line spacing: single

All the elements of estafa are present in the case. Petitioner’s defense is not worthy of credence. Complainant Formatted: Font: (Default) Arial, 10 pt
would not have parted with his goods in exchange of bum checks. It is likewise contrary to ordinary human
experience and to sound business practice for petitioner to issue so many unfunded checks as “collateral” or
“by way of accommodation”. As an experienced businesswoman, petitioner could not have been so naïve as
not to know that she could be held criminally liable for issuing unfunded checks. (Chua vs. People, G.R. Nos. Formatted: Font: (Default) Arial, 10 pt, Italic
150926 and 30, March 6, 2006)
Formatted: Font: (Default) Arial, 10 pt
106.111. The accused was convicted under B.P. Blg. 22 for having issued several checks which were Formatted: Indent: Left: 0.25", Line spacing: single, No
dishonored by the drawee bank on their due date because the accused closed her account after the bullets or numbering
issuance of checks. On appeal, she argued that she could not be convicted under B.P. Blg. 22 by
reason of the closing of her account because said law applies solely to checks dishonored by reason
of insufficiency of funds and that at the time she issued the checks concerned, she had adequate funds
in the bank. While she admits that she may be held liable for estafa under Art. 215 of the Revised Penal
Code, she cannot however be found guilty of having violated Blg. 22. Is her contention correct?
Explain.
No, the contention of the accused is not correct. As long as the checks issued were issued to apply on account
or for value, and was dishonored upon presentation for payment to the drawee bank for lack of insufficient
funds on their due date, such act falls within the ambit of B.P. Blg. 22. The concept of dishonored by reason of
lack of sufficient funds is broad enough to cover those dishonored by reason of closed accounts. Said law
expressly punishes any person who may have insufficient funds in the drawee bank when he issues the check,
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but fails to keep sufficient funds to cover the full amount of the check when presented to the drawee bank within
ninety (90) days from the date appearing thereon.

107.112. Does a novation or compromise affect the criminal liability of a person accused of estafa? Explain.
No, novation or compromise does not affect criminal liability of the offender of the accused. So, partial payment
or extension of time to pay the amount misappropriated or acceptance of a promissory note for payment of the
amount involved does not extinguish criminal liability, because a criminal offense is committed against the
people and the offended party may not waive or extinguish the criminal liability that the law imposes for the
commission of the offense.

In order that novation of contract may relieve the accused of criminal liability, the novation must take place
before the criminal liability is incurred; criminal liability for estafa is not affected by compromise or novation of
contact for it is a public offense which must be prosecuted and punished by the state at its own volition. But if
the compromise is executed before a criminal action is instituted or where the amount misappropriated was
converted into a contract of loan and the accused was made to acknowledge the debt, there is novation of
contract so as to extinguish any incipient criminal liability of the accused; but the novation must be express and
must refer only to the incipient criminal liability (People v. Buli-e, G.R. No. 123146, June 17, 2003).

108.113. Pedro leased his car to Juan. After the expiration of the lease period, Pedro demanded the return the
car but Juan refused to do so. He was charged with qualified theft. Is the charge proper? Would your
answer be the same if what was leased was a jeepney operated as a public utility?
No. Pursuant to a lease agreement, Pedro delivered not only the material but also juridical possession of the
car. Juan’s failure to return the car upon demand may constitute estafa by misappropriation or conversion
because he was under obligation to return the same after the expiration of the lease period. Failure to return
the same after demand raises the presumption of misappropriation. However, if what was leased a jeepney,
Juan is guilty of qualified theft. Juan cannot be considered a lessee under the eyes of the law following the
Registered Owner rule when it pertains to lease of vehicles operating as a public utility. As a result, only
material possession was transferred to Juan.

CONCUBINAGE
109.114. Wani and Jani were married for 12 years. One day, a sex video was circulated in the internet involving
Wani and his co-worker Jaz. Janie now accused her husband of concubinage. Will the case prosper?
Explain.
No. A married man is not liable for concubinage for mere sexual relation with a woman not his wife unless the
three acts specified in Art. 334 of the Revised Penal Code are present. Mere isolated sexual intercourse cannot
be considered as an act constituting concubinage.

ACTS OF LASCIVIOUSNESS
110.115. While on her way home, Pedro suddenly embraced Maria and started fondling her breasts and even
tried to kiss her but Maria was able to escape. When charged with acts of lasciviousness, Pedro
claimed that he was only motivated to avenge his mother who was maltreated by Maria. Will Pedro’s
defense absolve him from the crime charged?
No. Motive of lascivious acts is not important because the essence of the lewdness is in the very act itself. It is
not a defense that Pedro was motivated not by lewdness but by a desire to avenge his mother. The acts
performed by Pedro are in themselves an abuse directed against Maria’s chastity.

BIGAMY
111.116. Distinguish the crime of bigamy from that of illegal marriage.

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In bigamy, the subsequent marriage is valid, except that it is bigamous; in illegal marriage, the marriage is void
or annullable and there is no need for a first marriage.

112.117. Jessa and Mark have been married since 1984. In 1991, Mark was sent to Mindanao as part of the
government troops. Jessa has not heard from Mark since then. Jessa, thinking that Mark is already
dead, contracted another marriage with John in 2012. A case was filed against Jessa for the crime of
Bigamy. Jessa contended that since Mark has been missing for over 20 years under a condition which
would give rise to the presumption of death, she is free to marry John. She also contends that she
should not be convicted as she acted without malice. Decide on her contention.
Jessa’s contention is not correct. Even though Mark had been absent for 21 years, Jessa still needs to file a
petition for declaration of presumptive death of Mark pursuant to the provisions of the Civil Code. Absent a
declaration of presumptive death, the marriage between Jessa and Mark still subsists, hence, the case of
bigamy will prosper. As regards her contention that she acted without malice, such defense is untenable. Upon
the celebration of her marriage with John, Jessa is presumed to have acted with malice. It is a well settled rule
that ignorance of the law excuses no one from compliance therewith.

113.118. Vicks Otto married Dina Vie. However, their marriage quickly soured and Vicks left the conjugal
dwelling. Two years thereafter, Vicks married Pia Papaya. After their honeymoon, Vicks sought for the
judicial declaration of nullity of his marriage with Dina which was eventually granted. Feeling scorned,
Dina filed a case of bigamy against Vicks Otto and Pia Papaya. Vicks raised the defense that his
marriage was subsequently declared void and hence he should not be guilty of bigamy. Is his
contention correct? Is Pia also guilty of Bigamy?
No. The subsequent declaration of the nullity of the first marriage is immaterial. The crime of Bigamy is
consummated after the consummation of the second marriage hence the declaration of nullity in this case
would have no effect with the criminal case because Vicks married Pia even before he secured a declaration of
nullity if his marriage with Dina. As to Pia, her liability depends if she was aware that Vicks was previously
marriage. If she knew, she is guilty for the crime of Bigamy; otherwise, she will not incur any criminal liability.

LIBEL
In her weekly gossip column in a tabloid, Gigi wrote an unflattering article about Pablo, a famous Formatted: Font: (Default) Arial, 10 pt
singer, and his bitter separation from his wife. The article portrayed Pablo as an abusive husband and Formatted: Line spacing: single
caused him to lose lucrative endorsement contracts. Pablo charged Gigi with libel. In her defense, Gigi
countered that she did not commit libel because Pablo has attained the status of a public figure so that
even his personal life has become a legitimate subject of public interest and comment. Is Gigi correct?
(2013 Bar Exam)
NO. Gigi is not correct. Although wider latitude is given to defamatory utterances against public figures in Formatted: Indent: Left: 0.25", Line spacing: single, No
relation to matters of public interest involving them, such defamatory utterances do not automatically fall within bullets or numbering
the ambit of constitutionally protected speech. If the utterances are false, malicious or unrelated to a public
figures work, the same may give rise to criminal liability (Fermin v. People, G.R. No. 120715, March 28, 2008).
Any attack upon the private character of the public figure on matters which are not related to their works may
constitute libel under Article 355. Here, Gigi was attacking the personal life of Pablo as a husband and not his
public life as a famous singer.
Formatted: Indent: Left: 0.25", No bullets or numbering
114.119. What are the two kinds of privileged communication in libel?
a. Absolutely privileged
This enjoys immunity from libel suits regardless of the existence of malice in fact. It includes: a) Statements
made in official proceedings of the legislature by the members thereof; and b) statements made in judicial
proceedings, which are relevant or pertinent to the case involved.

b. Qualifiedly or conditionally privileged

This is susceptible to a finding in libel, if malice in fact is established. It includes:
i. Communication made by any person to another in the performance of any legal, moral or social duty;
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ii. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative
or other official proceedings which are not of confidential nature, or of any statement, report, or speech
delivered in said proceedings, or of any other act performed by public officers in the exercise of their
functions; and
iii. Fair commentaries on matters of public interest as guaranteed by freedom of speech (Flor v. People,
G.R. No. 139987, March 31, 2005, citing Borjal v. CA, Jan. 14, 1999).

115.120. In the crime of libel, is the ‘truth’ and absolute defense?

NO. Article 361 of the RPC provides that proof of truth shall be admissible in libel cases only if the same
imputes a crime or is made against a public officer with respect to facts related to the discharge of their official
duties, and moreover must have been published with good motives and for justifiable ends. Hence, “truth” as a
defense, on its own, is not enough.

121. In an interview aired in television, Cindee uttered defamatory statements against Erika, a successful Formatted: Font color: Auto
and reputable businesswoman. What crime or crimes did Cindee commit? Explain. (2005 Bar Exams)
Cindee committed libel for uttering defamatory remarks tending to cause dishonor or discredit Erika. Libel can Formatted: Normal, Indent: Left: 0.25", No bullets or
be committed in television programs or broadcasts, though it was not specifically mentioned in the article since numbering
it was not yet in existence then but is included as “any similar means.” Defamatory statements aired on
television is similar to radio, theatrical exhibition or cinematographic exhibition, which are among the modes for
commission of libel (RPC, Arts. 352 and 355).
Formatted: Font: Not Bold, Italic, Font color: Auto
116.122. In her weekly gossip column in a tabloid, Gigi wrote an unflattering article about Pablo, a famous
singer, and his bitter separation from his wife. The article portrayed Pablo as an abusive husband and
caused him to lose lucrative endorsement contracts. Pablo charged Gigi with libel. In her defense, Gigi
countered that she did not commit libel because Pablo has attained the status of a public figure so that
even his personal life has become a legitimate subject of public interest and comment. Is Gigi correct?
(2013 Bar Exams)
NO. Gigi is not correct. Although wider latitude is given to defamatory utterances against public figures in
relation to matters of public interest involving them, such defamatory utterances do not automatically fall within
the ambit of constitutionally protected speech. If the utterances are false, malicious or unrelated to a public
figure’s work, the same may give rise to criminal liability (Fermin v. People, G.R. No. 120715, March 28, 2008).

Any attack upon the private character of the public figure on matters which are not related to their works may
constitute libel under Article 355. Here, Gigi was attacking the personal life of Pablo as a husband and not his
public life as a famous singer.

SLANDER
117.123. Maria and Elisa had a heated argument. In the course of the verbal scuffle, Maria uttered “Puta ka gabi
gabi iba-ibang lalaki kasama mo” to Elisa. Thereafter, an Information for slander was filed against
Maria. Maria moved to have the Information quashed on the ground that it was filed without the express
complaint of Elisa. She claims that the present Information cannot be prosecuted de officio because
the remarks constituted an imputation of the crime of adultery. Is her contention correct?
NO. It is only when the derogatory remarks clearly and categorically reflect the elements constituting adultery
would the complaint for libel by the offended party be necessary to commence prosecution. In this case, it did
not clearly show that adultery was imputed to Elisa but rather the crime of prostitution. Therefore, the
Information may be filed without the complaint of the offended party.

SPECIAL PENAL LAWS

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P.D. No. 968 (PROBATION LAW)

124. Who are the offenders disqualified from being placed on probation? Formatted: Font: (Default) Arial, 10 pt, Bold
They are those: Formatted: List Paragraph
a. Sentenced to serve a maximum term of imprisonment of MORE than 6 years (non-probationable);
NOTE: There are two known exceptions to this rule. One exception is provided for under Sec. 66 of R.A. Formatted: Indent: Left: 0.25", Outline numbered + Level: 4
+ Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left
No. 9165, which provides that the accused first-time minor offender may avail of suspended sentence + Aligned at: 1.75" + Indent at: 2"
subject to certain conditions. The second is the principle enunciated Colinares v. People, G.R. No.
182748, December 13, 2011, wherein the lower court incorrectly convicted the accused of a higher crime Formatted: Indent: Left: 0.5", No bullets or numbering
and imposed a non-probationable penalty, i.e., six years and one day of prision mayor as maximum, and Formatted: Font: Bold
on appeal, has been set aside by the high court, convicting the accused of a lower crime and imposing a Formatted: Not Highlight
new probationable penalty, i.e., maximum jail term of only two years and four months of prision
correccional. Formatted: Font: Bold, Italic
b. Convicted of subversion or any crime against national security or public order; Formatted: Not Highlight
c. Previously convicted by FINAL JUDGMENT of an offense punished by imprisonment of not less than a Formatted: Not Highlight
month and one day and/or a fine of not less than P200;
Formatted: Not Highlight
d. Who have been once on probation; and
e. Who are already serving sentence at the time the substantive provisions of this decree became applicable. Formatted: Not Highlight
(Sec. 9, PD 968) Formatted: Not Highlight
Formatted: Font: Italic
Other instances when probation is not applicable includes:
a. When the accused is convicted under R.A. No. 9165 except when he is a first time offender minor in which Formatted: Indent: Left: 0.25", Outline numbered + Level: 4
case he is eligible for probation even if the penalty imposed is more than 6 years. However, if he is + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left
+ Aligned at: 1.75" + Indent at: 2"
convicted of drug trafficking or pushing, regardless of the penalty imposed, he is disqualified to avail of
probation; Formatted: Font: Bold
b. If accused appeals his conviction irrespective of the purpose of the appeal even if it is only to question the
propriety of the penalty imposed; and
NOTE: Prevailing jurisprudence treats appeal and probation as mutually exclusive remedies. (1 FESTIN, Formatted: Indent: Left: 0.51", No bullets or numbering
Special Penal Laws, 2013, p. 12) Moreover, the Colinares doctrine also applies as an exception, such that Formatted: Font: Italic
ordinarily, the accused-appellant would no longer be entitled to apply for probation for having appealed.
However, as long as the lower court judgment is erroneous, the appeal of the accused-appellant would not
bar his right to apply for probation, in case of subsequent judgment convicting him of a lower offense with a
probationable penalty.
c. Conviction of an election offense under the Revised Election Code.
Formatted: Font: Not Bold, English (Philippines)
125. May a child in conflict with the law whose case is under appeal file an application for probation? Formatted: Indent: Left: 0.25", Line spacing: single, No
YES. The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon bullets or numbering
application at ANY TIME, place the child on probation in lieu of service of his/her sentence taking into account Formatted: Indent: Left: 0.25", Space After: 0 pt, No
the best interest of the child (R.A. 9344, Sec. 42). bullets or numbering
Formatted: Font color: Auto
126. Robert was convicted by the trial court of frustrated homicide and sentenced him to suffer
imprisonment to six years and one day of prision mayor as maximum. He filed an appeal seeking
conviction for the lesser crime of attempted homicide wherein the penalty - a maximum jail term is only
2 years and 4 months of prision correccional - allows him to apply for probation. The Court granted
such appeal and reduced the penalty. Robert now wants to apply for probation but his application was
denied on the ground that he waived his right for probation by filing an appeal. If you were the counsel
of Robert, how would you argue his side? Commented [C5]: reworded to include jail terms for each
If I were the lawyer of Robert, I would invoke the ruling of the SC in Colinares v. People, G. R. No. 182748, crime.
December 13, 2011 wherein the high court granted the application for probation of a person who appealed his Formatted: Font: Italic
case in order to lessen the penalty for his conviction by invoking that he committed a lesser crime. The SC held
Formatted: Font: Italic
that it cannot allow an unfair situation when a person originally sentenced to a non-probationable penalty
cannot anymore apply for probation if, on appeal, his penalty is reduced to a probationable one after finding
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that he had committed a lesser crime or that there were circumstances which the trial court failed to consider to
lessen his penalty.

127. Andrew, 17 years old, was convicted of a crime of rape. Since the promulgation of judgment, he Formatted: Font color: Auto
immediately filed an appeal. He comes to you and ask you whether or not he can still apply for
probation. What will your answer?
YES. Andrew can still apply for probation notwithstanding the fact that he has already appealed. The general
rule that no application for probation shall be entertained or granted if the defendant has perfected an appeal
from the judgment of conviction does not apply to minor offenders (R.A. 9344, Sec. 42).

128. Distinguish between probation and pardon. Formatted: Font: 8 pt

Probation Pardon Formatted: Font color: Background 1

In probation, the probationer is in no true The pardoning power, in respect to those Formatted: English (United States), Border: : (No border)
sense, as in pardon, a free man. He is not serving their probationary sentences,
finally and completely exonerated. He is not remains as full and complete as if the
exempt from the entire punishment which the
Probation Law had never been enacted. Formatted: English (United States)
law inflicts.

The probationer’s case is not terminated by

the mere fact that he is placed on probation.
During the period of probation, he is still in
legal custody—subject to control of the
The President may pardon the probationer Formatted: English (United States), Border: : (No border)
probation officer and the court. He may be
rearrested upon non fulfillment of the and thus place it beyond the power of the
conditions of probation and when rearrested, court to order his rearrest and imprisonment. Formatted: English (United States)
may be committed to prison to serve the
sentence originally imposed upon him.

ACT No. 4103 (INDETERMINATE SENTENCE LAW)

129. What are the rules in determining the prison term of an accused under Act 4103, as amended? Formatted: Indent: Left: -0.05", Pattern: Clear, Tab stops:
In imposing a prison sentence for an offense punished by the RPC, or its amendments, the court shall sentence 0.23", Left
the accused to and indeterminate sentence: Formatted: Font: 8 pt

The maximum term of which, shall be that which, in view of the attending circumstances, could be properly
imposed under the rules of the said code.
Formatted: Indent: Left: 0.25", No bullets or numbering
The minimum term of which shall be within the range of the penalty next lower to that prescribed by the Code
for the offense. Formatted: Font: 8 pt
Formatted: Font: (Default) Arial, 10 pt
If the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence:
Formatted: List Paragraph, Indent: Left: 0.25", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start at: 1 +
The maximum term of which shall not exceed the maximum fixed by said law. Alignment: Left + Aligned at: 0.55" + Indent at: 0.8"
Formatted: Font: (Default) Arial, 10 pt, Italic
The minimum term of which shall not be less than the minimum term prescribed by the same (Sec. 1, Act
4103, as amended) Formatted: Font: (Default) Arial, 10 pt
Formatted: Font: (Default) Arial, 10 pt, Italic
IMPORTANT: However, if there is a privileged mitigating circumstance, the degree of the penalty prescribed by
Formatted: Font: (Default) Arial, 10 pt
law should be first lowered by one degree before determining the maximum of the indeterminate penalty.
Formatted: Font: (Default) Arial, 10 pt, Italic
130. Under what circumstances will the ISL not apply? Formatted: Font: (Default) Arial, 10 pt
a. Convicted of offenses punishable death penalty, reclusion perpetua, or life imprisonment (D/RP/LI);
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b. Convicted of treason, or conspiracy or proposal to commit treason;

c. Convicted misprision of treason, rebellion, sedition or espionage;
d. Convicted of piracy;
e. Habitual delinquent;
f. Escaped from confinement as a prisoner, or evaded sentence;
g. Granted with conditional pardon by the president, but violated the terms thereof;
h. Maximum term of imprisonment actually imposed does not exceed 1 year;
i. Sentenced to the penalty of destierro or suspension only, or fine only (Sec. 2, Act No. 4103)
Formatted: Indent: Left: 0.25", No bullets or numbering
131. In a case of homicide attended by two mitigating circumstances, what is the penalty to be imposed
Formatted: Indent: Left: -0.05", Space After: 0 pt, Tab
taking into consideration ISLAW?
stops: 0.23", Left
The penalty for homicide as given by the Revised Penal Code Article 249 is reclusion temporal. Since there
were two mitigating circumstance and no aggravating circumstances, the penalty shall be lowered by one Formatted: Indent: Left: 0.25", Space After: 0 pt, No
bullets or numbering, Tab stops: 0.23", Left
degree, which in this case is prision mayor in its medium period because there are no other modifying
circumstances attending the offense. Formatted: Font: Italic

Applying now the ISLAW, the minimum of the penalty shall be within the range of the penalty next lower in
degree which is prision correccional and the maximum of which shall be within the range of medium period of Formatted: Font: Italic
prision mayor. (Amurao, p.999) Formatted: Font: Italic
132. Is the ISLAW applicable to offenses punishable by special penal laws? Formatted: Font: 8 pt, Bold
Yes. Applying Section 1 of ISLAW, if the offense is punishable by a special law, the court shall sentence the Formatted: Indent: Left: -0.05", Space After: 0 pt, Tab
accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said stops: 0.23", Left
law and the minimum term shall not be less than the minimum prescribed by the same—the penalty imposed Formatted: List Paragraph, Indent: Left: 0.25", No bullets
being a range. or numbering

When the penalty prescribed by the special law is taken from the range of penalties under the Revised Penal
Code, the rules of the ISLAW governing violations of the RPC shall be followed. (Amurao, pp. 1005-1007) Formatted: Font: Italic
Formatted: Font: 8 pt, Bold
133. Mc, a navy seal, saw his wife Ongpin and his best friend Lawis having sexual intercourse. He then
pulled out his service gun and shot and killed Lawis while seriously injuring his wife. The court found Formatted: List Paragraph, Indent: Left: 0.25", No bullets
that Lawis died under exceptional circumstances and exonerated Mc of murder and SPI but sentenced or numbering, Tab stops: 0.23", Left
him to destierro. While serving his sentence, Mc entered the prohibited area and had a “shabu” session
with Lucia, Ongpin’ssister. Is Mc entitled to an indeterminate sentence in case he is found guilty of use
of the prohibited substance?
NO. Mc is not entitled to the benefit of the Indeterminate Sentence Law (Act 4103, as amended) for having
evaded the sentence which banished or place him on destierro, Sec. 2 of the said law expressly provides that
the law shall not apply to those who shall have evaded sentence. Even assuming that he did not evade his
sentence, he is still not entitled to an indeterminate sentence for the law does not apply when the penalty is
imprisonment not exceeding one year. The penalty for use of any dangerous drug by a first offender is not
imprisonment but rehabilitation in a government center for a minimum of six months (Sec. 15, R.A. 9165).
Formatted: Font: (Default) Arial, 10 pt
R.A. No. 9262 (ANTI- VIOLENCE AGAINST WOMEN AND CHILDREN ACT) Formatted: Font: (Default) Times New Roman

134. Jack and Jill have been married for seven years. one night, Jack came home drunk. Finding no food on Formatted: Not Highlight
the table, Jack started hitting Jill only to apologize the following day. A week later, the same episode
occurred - Jack came home drunk and started hitting Jill. Fearing for her life, Jill left and stayed with
her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectionaries. Two Formatted: Indent: Left: 0.25", No bullets or numbering
days later, Jill returned home and decided to give Jack another chance. After several days, however, Formatted: Font: (Default) Arial, 10 pt, Bold
Jack again came home drunk. The following day, he was found dead. Jill was charged with parricide, Formatted: Indent: Left: 0.25", Numbered + Level: 1 +
but raised the defense of "battered woman syndrome." (Bar 2010) Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
a. What is the Battered Woman Syndrome? Formatted: Right

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Formatted: Indent: Left: 0.5"

Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral
Formatted: Font: Bold, English (United States)
symptoms found in women living in battering relationships as a result of cumulative abuse as provided
under Republic Act 9262, known as the Anti-Violence against Women and their Children Act of 2004. Formatted: Font: Bold
Formatted: Indent: Left: 0.25", Numbered + Level: 1 +
b. What are the three phases of the "Battered Woman Syndrome?" Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
It is characterized by a “cycle of violence” which has three phases (TAT): (1) Tension-building phase; (2) Aligned at: 0.5" + Indent at: 0.75"
the Acute battering incident; and (3) the Tranquil or non-violent phase. Formatted: Font: Bold, English (Philippines)
Formatted: Indent: Left: 0.5"
NOTE: To be considered as a “battered woman”, the couple must go through the cycle of violence at least
twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, Formatted: Not Highlight
and she remains in the situation, she is defined as a battered woman. (People v. Genosa G.R. No. 135981 Formatted: Font: Bold, Not Highlight
January 15, 2004) Formatted: Not Highlight

c. Would the defense prosper despite the absence of any of the elements for justifying circumstances Formatted: Not Highlight
of self-defense under the Revised Penal Code? Formatted: Font: Italic
YES. R.A. No. 9262 expressly states that victim survivors who are found by the courts to be suffering from Formatted: Not Highlight
battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of
Formatted: Indent: Left: 0.25"
the elements for justifying circumstances of self-defense under the Revised Penal Code.
Formatted: Indent: Left: 0.25", Numbered + Level: 1 +
135. Does a single act of harassment enough to convict an offender? Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
YES. Sec. 3(a) of R.A. No. 9262 punishes "any act or series of acts" that constitutes violence against women.
This means that a single act of harassment, which translates into violence, would be enough. The object of the Formatted: Indent: Left: 0.5"
law is to protect women and children. Punishing only violence that is repeatedly committed would license Formatted: Font: Not Bold, Not Highlight
isolated ones. (Rustan Ang y Pascua v. Sagud, G.R. No. 182835, April 20, 2010)
Formatted: English (United States), Not Highlight

136. Is it indispensible that the act of violence be a consequence of the dating or sexual relationship? Formatted: Indent: Left: 0", Hanging: 0.25", Outline
NO. While it is required that the offender has or had a sexual or dating relationship with the offended woman, numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
124 + Alignment: Right + Aligned at: 0" + Indent at: 0.3"
for R.A. 9262 to be applicable, it is not indispensible that the act of violence be a consequence of such
relationship. It is immaterial whether the relationship had ceased for as long as there is sufficient evidence
showing the past or present existence of such relationship between the offender and the victim when the Formatted: English (United States)
physical harm was committed. (Dabalos y Sand Diego v. Paras Quiambao, et al., G.R. No. 193960, January 7, Formatted: Font: Not Bold
2013) Formatted: Indent: Left: 0.25"
Formatted: Font: Italic
137. Dr. Ho, a young and handsome plastic surgeon, has a habit of videotaping his torrid and wild
“sexcapades” with different women. Unfortunately, these videos were uploaded deliberately in the Formatted: Font: Not Bold, Italic
internet. Dr. Ho denied strongly having spread the footages and insisted that they were stolen from his Formatted: English (United States)
laptop he kept inside the condominium unit where he stayed. Kaye, one of the women seen in said
Formatted: Font color: Auto
videos and a TV personality, sued him. Is Dr. Ho liable for any crime?
YES. Dr. Ho can be held liable for violation of Section 5 (h) and (i) of Republic Act 9262, otherwise known as Formatted: Indent: Left: 0", Hanging: 0.25", Outline
Violence against Women and Children Act. These provisions refer to the “psychological abuse” caused on a numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
124 + Alignment: Right + Aligned at: 0" + Indent at: 0.3"
woman with whom the offender had a sexual or dating relationship. By reason of his reckless conduct, Dr. Ho
caused substantial emotional and psychological distress to Kaye as she was exposed to public ridicule and
humiliation. Formatted: Font color: Auto, English (United States)
118.Dr.Ho, a young and handsome plastic surgeon, has a habit of videotaping his torrid and wild Formatted: Font color: Auto
“sexcapades” with different women. Unfortunately, these videos were uploaded deliberately in the Formatted: Indent: Left: 0.25"
internet. Dr.Ho denied strongly having spread the footages and insisted that they were stolen from his
Formatted: Font: Italic, Font color: Auto
laptop he kept inside the condominium unit where he stayed. Kaye, one of the women seen in said
videos and a TV personality, sued him. Is Dr.Ho liable for any crime? Formatted: Font: Not Bold, Font color: Auto, English (United
YES. Dr.Ho can be held liable for violation of Section 5 (h) and (i) of Republic Act 9262, otherwise known as States)
Violence against Women and Children Act. These provisions refer to the “psychological abuse” caused on a Formatted ...
woman with whom the offender had a sexual or dating relationship. By reason of his reckless conduct, Dr.Ho Formatted: Indent: Left: 0.25"
caused substantial emotional and psychological distress to Kaye as she was exposed to public ridicule and
humiliation. Formatted: Indent: Left: 0.25", No bullets or numbering
Formatted: Left

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R.A. No. 9344 (JUVENILE JUSTICE &JUSTICE & WELFARE ACT)

Formatted: Font: (Default) Arial, 10 pt
124.138. Who is a child in conflict with the law? Formatted: List Paragraph, No bullets or numbering
A child in conflict with the law refers to a person under the age of 18 years who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws. Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

139. On November 1, 1987, Dave successfully raped his 8-year old niece, Celaica. During the incident, Dave Formatted: Font: Font color: Auto, English (Philippines),
was only 13 years old as he was born on February 14, 1982. In July and August of 1999, Celaica was Border: : (No border)
again raped by Dave, who was then 17 years old, for 7 times on different occasions. Formatted: Font color: Auto, English (Philippines), Border: :
a. As a minor, should Dave be exempted from criminal liabilities for the crimes he had committed? (No border)
Dave is exempted from criminal liability for the 1987 rape but not for the crimes he had committed in 1999. Formatted: List Paragraph, Indent: Left: 0.25"
Section 6 of Republic Act No. 9344 provides that a child fifteen (15) years of age or under at the time of the
Formatted: Font: (Default) Arial, 10 pt
commission of the offense shall be exempt from criminal liability (People v. Arpon, G.R. No. 183563,
December 14, 2011). Formatted: List Paragraph, No bullets or numbering
Formatted: Font: (Default) Arial, 10 pt, Bold
b. Should the defense of exempting circumstance fail, is Dave entitled to privileged mitigating Formatted: Indent: Left: 0.5", No bullets or numbering
circumstance of minority?
YES. Under Article 68 (2) of the Revised Penal Code, when the offender is a minor under eighteen (18) Formatted: Font: Not Bold
years of age, the penalty next lower than that prescribed by law shall be imposed, but always in the proper Formatted: Indent: Left: 0.5", No bullets or numbering
period. However, for purposes of determining the proper penalty because of the privileged mitigating
circumstance of minority, the penalty of death is still the penalty to be reckoned with."

125.140. Distinguish Diversion from Intervention.

Diversion refers to an alternative, child-appropriate process of determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational
background without resorting to formal court proceedings. This applies to an accused–minor, who is above 15
but below 18 years of age and acted with discernment.

Intervention refers to a series of activities which are designed to address issues that caused the child to commit
an offense. This applies to an accused–minor who is exempt from criminal liability as when he/she is 15 years
of age or below; or above 15 but below 18 years of age but acted without discernment.

126.141. What is the liability of a child in conflict with the law? What is the appropriate course of action of the
court?

Age Liability Court’s course of action Formatted: Font color: Background 1

15 years old and below Exempted from criminal Intervention
liability
Above 15 but below 18 Acted without discernment: Intervention
Exempted from criminal
liability
Acted with discernment: Not Diversion
exempted but penalty is
reduced by one (1) degree
lower than that imposable
Under 18 at the time of the Automatic suspension of sentence without
commission of the offense need of application. Provided that
and found guilty suspension of sentence shall still be applied
even if the juvenile is already 18 years of age
or more at the time of the pronouncement of
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his guilt (Sec. 38). However, Section 40 Formatted: Font color: Auto
limits the said suspension of sentence until
the child reaches the maximum age of 21.

R.A. No. 7610 (SPECIAL PROTECTION OF CHILDREN AGAINST Formatted: Font: (Default) Times New Roman, English
(United States)
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION) Formatted: Font: (Default) Times New Roman, English
(United States)
127.142. Who is a child?
A child is a person below eighteen years of age or above but unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination because of their age or mental disability
or condition.

128.143. What is child abuse?

Child Abuse refers to maltreatment, whether habitual or not, of the child which includes any of the following:
a. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
b. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child
as a human being;
c. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
d. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

144. Martin is the lessor of house and lot leased by Maria. When the latter failed to meet her obligations with Formatted: Font: (Default) Arial, 10 pt, Bold
the lessor, Martin went to the leased premises to ask Maria and her family to vacate. At that time, only Formatted: List Paragraph, Indent: Left: -0.05"
Clara, Maria Maria the leased premises to ask Maria and hed by the absence of Maria, right then and
there, Martin told Clara to leave the place and started destroying the house with the use of his sickle. Formatted: Font:
As a result, Martin destroyed the roof, the wall and the windows of the house. Clara approached Martin
Formatted: Font: (Default) Arial, 10 pt
and pushed him. Irked by what she did, Martin turned to her and struck her with a piece of wood
several times. Clara sustained several injuries as a result. Discuss the criminal liability of Martin Formatted: List Paragraph, Indent: Left: 0.25", No bullets
towards Clara. or numbering
Martin is guilty of child abuse. Child abuse is committed, not slight/serious physical injuries as defined and Formatted: Font: (Default) Arial, 10 pt, Bold
punished under Art. 266 of the RPC, if the victim is a child. As defined in the law, child abuse includes physical Formatted: Font: Font color: Auto, English (Philippines),
abuse of the child, whether the same is habitual or not (Sanchez v. People G.R. No. 179090 June 5, 2009; Border: : (No border)
Reyes v. People G.R. No. 197199 November 16, 2011).
Formatted: Font color: Auto

145. What are the elements of sexual abuse under Sec. 5(b), Article III of R.A. No. 7610? Formatted: Font: (Default) Arial
a. The accused commits the act of sexual intercourse or lascivious conduct; Formatted: Indent: Left: 0.25", Hanging: 0.25", Outline
b. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and numbered + Level: 1 + Numbering Style: a, b, c, … + Start at:
c. The child, whether male or female, is below 18 years of age (Garingarao v. People, G.R. No. 192760 July 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.3"
20, 2011). Formatted: Font color: Auto
Formatted: Indent: Left: 0.25", No bullets or numbering
146. Can a person be charged of committing an act punished under Sec. 5(b), Article III of R.A. 7610 and
Rape under Article 266-A at the same time? Formatted: Not Highlight
Under Sec. 5(b), Article III of R.A. 7610 in relation to R.A. 8353, if the victim of sexual abuse is below 12 years Formatted: Font color: Auto
of age, the offender should not be prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d) Formatted: Not Highlight
of the Revised Penal Code and penalized with reclusion perpetua.
Formatted: Font color: Auto
On the other hand, if the victim is12 years or older, the offender should be charged with either sexual abuse Formatted: Indent: Left: 0.25", No bullets or numbering
under Sec. 5(b) of R.A. 7610 or Rape under Article 266-A (except paragraph 1[d]) of the Revised Penal Code. Formatted: Font: Italic
However, the offender cannot be accused of both crimes for the same act because his right against double
Formatted: Font: Not Bold, Italic, Font color: Auto
jeopardy will be prejudiced. A person cannot be subjected twice to criminal liability for a single criminal act.
(People v. Abay,G.R. No. 177752, February 24, 2009) Formatted: Font: Italic, Font color: Auto
Formatted: Left

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147. Can rape instead be complexed with a violation of Sec. 5(b) of R.A. 7610? Formatted: Font color: Auto
NO. Likewise, rape cannot be complexed with a violation of Sec. 5(b) of R.A. 7610. Under Section 48 of teh Formatted: Font: Not Bold, Font color: Auto
Revised Penal Code (on complex crimes), a felony under the Revised Penal Code (such as Rape) cannot be
complexed with an offense penalized by a special law. (People v. Abay,G.R. No. 177752, February 24, 2009) Formatted: Font color: Auto
Formatted: Not Highlight
129.148. Aling Maria borrowed money from her compadre, Mang Juan, to pay the tuition fee of his eldest son, Formatted: Font: Not Bold, Font color: Auto
Junior. Aling Maria failed to pay her obligation so Mang Juan asked her to allow her 10-year-old
daughter Mary to serve as a maid in his house. Despite Aling Maria’s refusal, Mang Juan insisted and Formatted: Indent: Left: 0.25", No bullets or numbering
brought Mary in his house to work as a maid. What is the crime committed by Mang Juan?
Mang Juan committed the crime of exploitation of child labor under Article 273 of the RPC. In addition, he also
committed a violation of RA 7610 which prohibits the employment of children below 15 years old. The present
case does not fall under any of the exceptions which include working directly under the sole responsibility of the
parents or legal guardians and participating in public and entertainment (Section 12).

R.A. No. 10591 (COMPREHENSIVE FIREARMS AND Formatted: Font color: Auto

AMMUNITION REGULATION ACT)

130.149. What is a loose firearm?
The term “unlicensed firearm” under the old law is superseded by the new tern “loose firearm” which has a
more comprehensive definition. It includes an unregistered firearm, an obliterated or altered firearm, firearm
which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an
individual other than the licensee and those with revoked licenses in accordance with the rules and regulations.

131.150. Discuss the new rules in penalizing the use of a loose firearm in the commission of another crime.
a. Use of a loose firearm, if INHERENT in the commission of a crime punishable under RPC or other special Formatted: Font: Font color: Auto
laws – SPECIAL AGGRAVATING CIRCUMSTANCE. Examples: Discharge of firearm (Art. 254), or Alarms
and Scandal with the discharge of a firearm in any town or public place calculated to cause alarm or danger
(Art. 155(1))
b. If the crime committed with the use of a loose firearm is penalized by RPC or other special law with a
MAXIMUM PENALTY HIGHER than that prescribed in Sec. 28 of this law for illegal possession of firearm –
PENALTY PROVIDED BY RPC OR OTHER SPECIAL LAW SHALL BE IMPOSED IN ITS MAXIMUM
c. If the crime committed with the use of a loose firearm is penalized by RPC or other special law with a
MAXIMUM PENALTY LOWER than that prescribed in Sec. 28 of this law for illegal possession of firearm –
PENALTY FOR ILLEGAL POSSESSION SHALL BE IMPOSED
d. If the crime committed with the use of a loose firearm is penalized by RPC or other special law with a
MAXIMUM PENALTY EQUAL to that prescribed in Sec. 28 of this law for illegal possession of firearm –
PENALTY PROVIDED BY RPC OR OTHER SPECIAL LAW PLUS THE INCREMENTAL PENALTY OF
PRISION MAYOR IN ITS MINIMUM PERIOD SHALL BE IMPOSED
e. If the violation of this law is committed, IN FURTHERANCE OF, or INCIDENT TO, or IN CONNECTION
WITH the crime of rebellion, insurrection, attempted coup d’ etat – THE VIOLATION SHALL BE
ABSORBED AS AN ELEMENT THEREOF
f. If the crime is committed without using the loose firearm but the same is possessed – VIOLATION SHALL
BE A SEPARATE OFFENSE.

132.151. What is the Absorption Principle in relation to complex crimes under the Human Security Act?
If the violation of unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or Formatted: Font:
instruments used or intended to be used in the manufacture of firearms or ammunition is in furtherance of or
incidental to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d’etat, such
violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup
d’etat.

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If the violation of unlawful manufacture, sale, acquisition, disposition or possession of explosives is in Formatted: Font:
furtherance of, or incidental to, or in connection with the crime of rebellion, insurrection, sedition, or attempted
coup d’etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition, or
attempted coup d’etat. Formatted: Font color: Auto

NOTE: This law was approved on May 29, 2013. Formatted: Font: Not Bold, Font color: Auto
Formatted: Font color: Auto
P.D. No. 1829 (DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS)
Formatted: Font: (Default) Times New Roman
133.152. What is “Obstruction of Justice”? Formatted
The term refers to acts of any person who knowingly or wilfully obstructs, impedes, frustrates or delays (FIDO)
the apprehension of suspects, and the investigation, and prosecution of persons who violated the law.

The fact that the offender is not criminally liable as an accessory under Article 20 of the RPC does not absolve Formatted: Font: Not Bold, Font color: Auto
him from liability for his acts punishable under PD 1829. Formatted: Font color: Auto

A judge who offers an amount of money to the complainant’s father as consideration for withdrawal of the Formatted: Font: Not Bold, Font color: Auto
charges against the judge is guilty of obstruction of justice. Formatted: Font color: Auto

134.153. Pedro, the best friend of Maria, gave the latter P1000 to be used as fare money in order for her to go to Formatted: Font color: Auto
a secure place because she was charged as an accomplice in the murder of Juan. Pedro was thereafter
charged as an accessory of the murder under Art. 19(3) of the RPC. Is Pedro an accessory to the crime
of murder? If not, does he have any criminal liability?
Pedro cannot be held liable as an accessory under Art. 19(3) of the RPC because the same requires that the Formatted: Font: Not Bold, Font color: Auto
person harbored, concealed or assisted to escape is the principal of the crime. Thus, by helping Maria to
escape, who was a mere accomplice to the crime, he is not liable. Formatted: Font color: Auto

However, he may still be prosecuted under PD 1829 because the harboring, concealing, or facilitating the Formatted: Font: Not Bold, Font color: Auto
escape of a person liable for a crime is not qualified as to said persons participation in the crime. Formatted: Font color: Auto

P.D. No. 968 (PROBATION LAW)

135.Andrew, 17 years old, was convicted of a crime of rape. Since the promulgation of judgment, he Formatted: Indent: Left: 0.25", No bullets or numbering
immediately filed an appeal. He comes to you and ask you whether or not he can still apply for
probation. What will your answer?YES. Andrew can still apply for probation notwithstanding the fact that he Formatted: Font: Not Bold
has already appealed. The general rule that no application for probation shall be entertained or granted if the
defendant has perfected an appeal from the judgment of conviction does not apply to minor offenders (R.A.
9344, Sec. 42). Formatted: Font: Bold, Not Italic
136.
YES. Andrew can still apply for probation notwithstanding the fact that he has already appealed. The general
rule that no application for probation shall be entertained or granted if the defendant has perfected an appeal
from the judgment of conviction does not apply to minor offenders (R.A. 9344, Sec. 42).

ACT 3326 (ACT ESTABLISHING PRESCRIPTIVE PERIODS FOR VIOLATIONS

OF SPECIAL LAWS AND MUNICIPAL ORDINANCES)
137.154. When do violation of special laws and municipal ordinances prescribe?
a. After 1 year – offenses punished only by a fine or by imprisonment for not more than one month, or both;
b. After 4 years – offenses punished by imprisonment for more than one month but less than two years;
c. After 8 years – offenses punished by imprisonment for more than two years but less than six years;
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d. After 12 years – offenses punished by imprisonment for more than six years;
e. After 20 years – crime of treason;
f. After 2 months – violations penalized by municipal ordinances.

R.A. No. 6235 (ANTI-HIJACKING LAW)

155. Cebu Pacific an aircraft registered in the Philippines was destined for Cebu. Miguel and Carmela Formatted: Indent: Left: -0.05", Tab stops: 0.23", Left
boarded on the said plane put their things on the racks, brought out their guns and went to the cockpit
and seized its control. Miguel and Carmela ordered the pilot to change its destination to Zamboanga.
What crime was committed?
Hijacking under RA No. 6235. According to the law, it shall be committed in case of an aircraft registered in the Formatted: Indent: Left: 0.25", No bullets or numbering,
Philippines when there was a compulsion to change the course or destination of the aircraft or seizing or Tab stops: 0.23", Left
usurping the aircraft while it is in flight.
Formatted: Font: Bold
138.156. What are the qualifying circumstances under RA 6235?
The qualifying circumstances under RA 6235 are:
a. Firing upon the pilot, member of the crew or passenger of the aircraft;
b. Exploding or attempting to explode any bomb or explosive to destroy the aircraft; and
c. Committing any of the punishable acts with homicide, murder, serious physical injuries, or rape.

R.A. No. 9372 (HUMAN SECURITY ACT)

157. What is terrorism? Formatted: Font: Arial Narrow, 14 pt, Underline

139. Formatted: List Paragraph, Indent: Left: -0.05"
It is a crime against the Filipino people, against humanity, and against the law of nations which sows and Formatted: Indent: Left: 0.25", No bullets or numbering
creates a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to an unlawful demand.

It is committed by any person who engages in any of the following acts punishable under the RPC and other
special laws:
Under the RPC
a. Piracy in general and Mutiny in the high seas or in the Philippine waters (Art. 122)
b. Rebellion or Insurrection (Art. 134)
c. Coup d’état including acts committed by private persons (Art. 134-a)
d. Murder (Art. 248)
e. Kidnapping and Serious Illegal Detention (Art. 267)
f. Crimes involving Destruction (Art. 324)

Under Special Laws

a. Law on Arson (PD No. 1613);
b. Toxic substances and Hazardous and Nuclear Waste Control Act of 1990 ( RA No. 6969);
c. Atomic Energy Regulatory and Liability Act of 1968 (RA No. 5207);
d. Anti-Hijacking Law (RA No. 6235);
e. Anti-Piracy and Anti-Highway Robbery Law of 1974 (PD No. 532);
f. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives (PD No. 1866).

Such acts must be accompanied by the following requisites:

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a. The act committed sows and creates a condition of widespread and extraordinary fear and panic among
the populace; and
b. The act was committed in order to coerce the government to give in to an unlawful demand.

For a crime to be considered as an act of terrorism, it is not enough that any of the predicate crimes, whether
under the RPC or special laws enumerated above, be present. The act must also be accompanied by the
concurrence of the two abovementioned requisites.

158. Alex and his team, collectively known as Alpha Phi Chupapi, were prosecuted for violating Human Formatted: Indent: Left: -0.05", Outline numbered + Level:
Security Act (terrorism) when they killed several inhabitants of the city of Maasin in order to coerce the 1 + Numbering Style: 1, 2, 3, … + Start at: 124 + Alignment:
city officials to pass an ordinance levying a revolutionary tax for their benefit. Their acts sowed and Right + Aligned at: 0" + Indent at: 0.3"
created a condition of widespread and extraordinary fear and panic among the populace. However, for
lack of sufficient evidence to obtain conviction, they were acquitted for the crime of terrorism.
Subsequently, another case was filed against them for the crime of murder. This time, the prosecution
was able to secure the conviction of the accused. Is the judge correct in convicting them for the crime
of murder? Formatted: Font: 12 pt, Underline, English (Philippines)
NO. When a person has been prosecuted under a provision of the Human Security Act, upon a valid complaint Formatted: List Paragraph, Tab stops: Not at 0.23"
or information or other formal charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is necessarily included in the offense charged under the
said act (Sec. 49). Formatted: Font: 12 pt, Bold, Underline

May a police or law enforcer listen to, intercept and record any communication between members of a Formatted: Indent: Left: -0.05", Outline numbered + Level:
judicially declared and outlawed terrorist organization or group of persons or of any person charged 1 + Numbering Style: 1, 2, 3, … + Start at: 124 + Alignment:
with or suspected of the crime of terrorism or conspiracy to commit terrorism? Right + Aligned at: 0" + Indent at: 0.3"
159.
YES. Notwithstanding R.A. No. 4200, the law enforcers are allowed to do so provided they possess a written Formatted: Indent: Left: 0.25"
order from the Court of Appeals.

The exceptions are communications between:

a. Lawyers and clients;
b. Doctors and patients;
c. Journalists and their sources;
d. Confidential business correspondence.

140.160. What is a terrorist organization?

It is any organization, association or group of persons:
a. Organized for the purpose of engaging in terrorism; or
b. Although not organized for that purpose, actually uses the acts to terrorize or to sow and create a condition of
widespread and extraordinary fear and panic among the populace in order to coerce the government to
give in to unlawful demand shall, upon application by DOJ before a competent RTC, with due notice and
opportunity to be heard given to the said group, be declared as a terrorist and outlawed organization,
association, or group of persons by the said RTC.

R.A. No. 9745 (ANTI-TORTURE ACT)

141.161. Gen. Fafaran was charged as a principal for violation of the Anti-Torture Act. During the trial, it was
proven that his men abducted and tortured persons suspected to be members of the rebel group. Gen.
Fafaran contended that he did not in any way inflicted any kind of torture upon the victims and
therefore, he must be acquitted. Should the judge sustain his argument?
NO. The judge should not sustain his argument. The Anti-Torture Act punishes as a principal not only the
person who actually participated in the commission of torture. It also punishes as a principal the immediate
commanding officer who has knowledge of or, owing to the circumstance, should have known that acts of
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torture is being committed by his subordinates or by others within his area of responsibility and despite such
knowledge, he did not take any preventive or corrective action either before, during, or immediately after its
commission, when he has the authority to investigate allegations or torture but failed to prevent or investigate,
whether deliberately or negligence.

R.A. No. 9160 (ANTI-MONEY LAUNDERING ACT)

142.162. What is money laundering? Formatted: Font color: Auto
It is a scheme whereby the proceeds of an illegal activity are transacted and made to appear to have originated
from legitimate sources. The three steps in money laundering are: placement, layering and integration.
Formatted: Font color: Auto
143.163. What are covered transactions under RA 9160?
These are transactions in cash or other equivalent monetary instrument involving a total amount in excess of
P500,000.00 that is done with the covered institution within 1 banking day.

144.164. What is the effect of the bank deposit secrecy laws on the implementation of the AMLA?
When reporting covered or suspicious transactions to the Anti-Money Laundering Council, covered institutions
and their officers and employees are not deemed to have violated the bank deposit secrecy laws. However,
they are strictly prohibited from disclosing such transactions to any person in any manner or by any means. The
violation of confidentiality makes them criminally liable.

145.165. For a person who transacts an instrument representing the proceeds of a covered unlawful activity to
be liable under the Anti-Money Laundering Act (R.A. 9160, as amended), is it necessary to show that he
has knowledge of the identities of the culprits involved in the commission of the predicate crimes?
NO. There is nothing in the law which requires that the accused must know the identities of the culprits involved
in the commission of the predicate crimes. To establish liability under R.A. 9160, it is sufficient that proceeds of
an unlawful activity are transacted, making them appear to have originated from legitimate sources.

R.A. No. 9208 (ANTI-TRAFFICKING IN PERSONS ACT)

166. What are the rules on prescription of trafficking cases? Formatted: Indent: Left: -0.05"
146. Trafficking cases prescribe in 10 years while those committed by a syndicate or in large scale Formatted: Indent: Left: 0.25", No bullets or numbering
prescribe in 20 years. Prescriptive period commences to run from the day on which the trafficked person is
delivered or released from the conditions of bondage. The period is interrupted by the filing of the complaint or
information. It will commence to run again when such proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Formatted: Font: Bold

167. Darlita is the adopter of his beautiful 25-year old niece, Krissy, whose mental age is only 10. One time, Formatted: Font: (Default) Arial, 10 pt, English (United
Herbert, Darlitacriptive period commences latter in his house and asked for a money to buy a cellphone States)
load. Darlita agreed on the condition that Herbert would submit himself to the carnal desires of Darlita. Formatted: List Paragraph, Indent: Left: -0.05"
Pressingly, Herbert gave a counter offer that he would give in to Darlita’s request if the latter would
allow him first to have a sexual intercourse with Krissy. In other words, for the cellphone load and
carnal knowledge of Krissy, Herbert would allow Darlita to satisfy the latter’s lewd acts towards him. On
this condition, Darlita agreed. It was later on found out that it was not the first time that Darlita allowed
the same kind of act be done on Krissy for the same consideration. What crime did Darlita commit? Formatted: Font: (Default) Arial, 9 pt, Bold
147. Formatted: Indent: Left: 0.25", No bullets or numbering
Trafficking cases prescribe in 10 years while those committed by a syndicate or in large scale prescribe in 20
years. Prescriptive period commences to run from the day on which the trafficked person is delivered or Formatted: Font: Not Bold
released from the conditions of bondage. The period is interrupted by the filing of the complaint or information. Formatted: List Paragraph, Indent: Left: 0.25"
It will commence to run again when such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to the accused.Darlita committed the crime Formatted: Font: (Default) Arial, 10 pt, Not Bold, English
(United States)
of Qualified Trafficking. Under the Anti-trafficking in Persons Act, it shall be unlawful for any person, natural or
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juridical, to adopt persons for the purpose of prostitution and sexual exploitation. The act is considered qualified
if the trafficked person is a child. The law defined a child as a person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or condition. Formatted: Font: (Default) Arial, 10 pt

R.A. No. 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

148.168. May a private person be indicted under R.A. 3019? Formatted: Font: Font color: Auto, English (Philippines),
YES.The requirement before a private person may be indicted for violation of Section 3(g) of R.A. 3019 is that Border: : (No border)
such private person must be alleged to have acted in conspiracy with a public officer. The law, however, does Formatted: Font: Font color: Auto, English (Philippines),
not require that such person must, in all instances, be indicted together with the public officer. If circumstances Border: : (No border)
exist where the public officer may no longer be charged in court, as in the present case where the public officer
has already died, the private person may be indicted alone (People v. Go, G.R. No. 168539, March 25, 2014).

149.169. Krissy, sister of President Nyoy has a company which has an outstanding contract with the Philippine Formatted: Font: Font color: Auto, English (Philippines),
Government which involves the delivery of medicine and supplies to the AFP for 6 years,. Five years Border: : (No border)
thereof were prior to the election of President Nyoy. Upon expiration of the contract, and during the
incumbency of President Nyoy, bidding was conducted by the DOH and Krissy’s company won the bid
again. DOH gladly awarded the project to Krissy’s company. Thereafter, a case was filed against Krissy
for allegedly violating RA 3019 particularly Sec. 5 thereof which prohibits, inter alia, relatives by
consanguinity within the 3rd civil degree of the President to intervene, directly or indirectly, in any
contract or application with the Government. If you were the counsel of Krissy, how would you defend
her case?
If I were the counsel of Krissy, I would assert that there is no violation of the law. It is true that as a general rule, Formatted: Font: Font color: Auto, English (Philippines),
relatives within the 3rdCivil degree either by consanguinity or by affinity of the President, Vice President, Senate Border: : (No border)
President or the Speaker of the House under Section 5 of R.A. 3019 are prohibited to intervene directly or
indirectly in any business transaction, contract or application with the government. However, as an exception,
the law explicitly provides that any person who, prior to the assumption of office of any of those officials to
whom he is related has been already dealing with the government along the same line of business nor to any
transaction, contract or application already existing or pending at the time of such assumption of office is
exempted by this provision.

Since Krissy has already been dealing with the government even prior to the assumption of his brother to Formatted: Font: Font color: Auto, English (Philippines),
presidency, such transaction is exempted from the application of the prohibition. Therefore, there was no Border: : (No border)
violation of RA 3019.

150.170. Teacher A, being close to the public officer responsible for releasing the salary of public teachers, Formatted: Font: Font color: Auto, English (Philippines),
asked her co-teachers to pay her P500.00 each for her to follow-up the release of their withheld salary Border: : (No border)
differentials. The salary differentials were released and thus she received the agreed amount. She was
accused of having committed a violation of RA 3019 specifically Section 3 (b) thereof. Decide her
liability.
Teacher A is not liable. There is no law which invests Awith the power to intervene in the payment ofthe salary Formatted: Font: Font color: Auto, English (Philippines),
differentials of her co-teachers oranyone for that matter. Accordingly, he cannot be said to haveviolated the law Border: : (No border)
although heexerted efforts to facilitate the payment ofthe salary differentials.Sec 3 (b) of RA 3019 refers to a
public officerwhose official intervention is required by lawin a contract or transaction. (Jaravata v.
Sandiganbayan, G.R. No. L-56170 January 31, 1984).

151.171. XYZ is a BIR examiner assigned to the Special Project Committee tasked to undertake verification of Formatted: Font: Font color: Auto, English (Philippines),
tax liabilities of various professionals particularly doctors within the jurisdiction of Revenue Region No. Border: : (No border)
4-A, Manila. He was caught in an entrapment operation after receiving P30,000 from taxpayer RST. XYZ
contends that there could not have been any payoff, inasmuch as there was no demand. Is XYZ’s
contention proper?
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NO. Section 3(b) of RA 3019 penalizes three distinct acts -- (1) demanding or requesting; (2) receiving; or (3) Formatted: Font: Font color: Auto, English (Philippines),
demanding, requesting and receiving -- any gift, present, share, percentage, or benefit for oneself or for any Border: : (No border)
other person, in connection with any contract or transaction between the government and any other party,
wherein a public officer in an official capacity has to intervene under the law. These modes of committing the
offense are distinct and different from each other. Proof of the existence of any of them suffices to warrant
conviction. The lack of demand is immaterial. After all, Section 3(b) of RA 3019 uses the word “or” between
requesting and receiving(Peligrino v. People, GR No. 136266, Aug. 13, 2001).

152.172. X asked BIR for the computation of taxes due on the sale of real property and applied for a certificate Formatted: Font: Font color: Auto, English (Philippines),
authorizing registration (CAR). Y, the Group Supervising Examiner of the BIR, approved the Border: : (No border)
computation but demanded P20,000 for the approval of the CAR. An entrapment operation was
conducted wherein Y was apprehended after receiving P20,000 from X. Can Y be prosecuted for the
separate crimes of direct bribery and violation of Sec. 3 (b) of RA 3019?
YES. The two crimes can be filed simultaneously. The violation of Section 3(b) of RA 3019 is neither identical Formatted: Font: Font color: Auto, English (Philippines),
nor necessarily inclusive of direct bribery. While they have common elements, not all the essential elements of Border: : (No border)
one offense are included among or form part of those enumerated in the other. Whereas the mere request or
demand of a gift, present, shares, percentage or benefit is enough to constitute a violation of Section 3(b) of RA
3019; acceptance of a promise or offer or receipt of a gift or present is required in direct bribery. Moreover, the
ambit of Section 3(b) of RA 3019 is specific. It is limited only to contracts or transactions involving monetary
consideration where the public officer has the authority to intervene under the law. Direct bribery, on the other
hand, has a wider and more general scope: (a) performance of an act constituting a crime; (b) execution of an
unjust act which does not constitute a crime and (c) agreeing to refrain or refraining from doing an act which is
his official duty to do. (Merencillo v. People, G.R. No. 142369-70, April 13, 2007)

R.A. No. 7080 (ANTI-PLUNDER LAW) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

153.173. When is plunder committed? Formatted: Font: Font color: Auto, English (Philippines),
Plunder is committed when any public officer who, by himself or in connivance with members of his family, Border: : (No border)
relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, Formatted: Font color: Auto, English (Philippines), Border: :
accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts in the aggregate (No border)
amount or total value of at least Fifty million pesos (P50,000,000.00).

Any person who participated with the said public officer in the commission of an offense contributing to the Formatted: Font color: Auto, English (Philippines), Border: :
crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of (No border)
participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised
Penal Code, shall be considered by the court. (Sec. 2, RA 7080)
Formatted: Font color: Auto, English (Philippines), Border: :
154.174. Define “combination” and “series” as used in RA 7080. (No border)
Combination is committed when a person performs two or more acts under different categories or
classifications in Sec. 1(d) of RA 7080. On the other hand, series committed when a person performs two or Formatted: Font color: Auto, English (Philippines), Border: :
(No border)
more acts under the same categories or classifications in Sec. 1(d) of RA 7080. (Estrada v. Sandiganbayan,
G.R. No. 148560, November 19, 2001) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
155.175. What is ill-gotten wealth? Formatted: Font: Font color: Auto, English (Philippines),
Ill-gotten wealth means any asset, property, business enterprise or material possession of any person, acquired Border: : (No border)
by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by Formatted: Font: Font color: Auto, English (Philippines),
any combination or series of the following means or similar schemes: Border: : (No border)
a. Through misappropriation, conversion, misuse, or malversation of public funds; Formatted: Font: Font color: Auto, English (Philippines),
b. By receiving, any commission, gift or any other form of pecuniary benefit from any person and/or entity in Border: : (No border)
connection with any government contract or project;
Formatted: Font: Font color: Auto, English (Philippines),
c. By the illegal or fraudulent conveyance or disposition of asset belonging to the National Government; Border: : (No border)
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d. By obtaining, receiving or accepting any shares of stock or any other form of interest or participation in any Formatted: Font: Font color: Auto, English (Philippines),
business enterprise undertaking; Border: : (No border)
e. By establishing monopolies or other combinations intended to benefit particular persons or special interests; Formatted: Font: Font color: Auto, English (Philippines),
or Border: : (No border)
f. By taking undue advantage of official position or influence to unjustly enrich himself at the expense of the Formatted: Font: Font color: Auto, English (Philippines),
Filipino people and the Republic of the Philippines. Border: : (No border)

156.176. Differentiate unexplained wealth from ill-gotten wealth. Formatted: Font: Font color: Auto, English (Philippines),
There is unexplained wealth when a public official has been found to have acquired during his incumbency, an Border: : (No border)
amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. On Formatted: Font color: Auto, English (Philippines), Border: :
the other hand, there is ill-gotten wealth when any asset, property, business enterprise or material possession (No border)
of any person, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or
business associates.

R.A. No. 9775 (ANTI-CHILD PORNOGRAPHY ACT) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

177. Congressman Z was charged with violation of R.A. 7080 or the Anti-Plunder Law. In the imposition of Formatted: Font: (Default) Arial, 10 pt
penalties, will the attendance of mitigating and extenuating circumstances under the Revised Penal Formatted: List Paragraph, Left, Indent: Left: -0.05"
Code be considered?
Yes. Sec. 2 of RA 7080 expressly states that mitigating and extenuating circumstances shall be considered by Formatted: Font: Not Bold
the court in the imposition of penalties. Crime of plunder is malum in se; hence, mens rea is an element of Formatted: Font: (Default) Arial, 10 pt, Not Bold
plunder. Therefore, the degree of responsibility of the offender for the crime of plunder is determined by his Formatted: List Paragraph, Left, Indent: Left: 0.25", No
criminal intent. bullets or numbering

R.A. No. 9775 (ANTI-CHILD PORNOGRAPHY ACT) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

157.178. Define child pornography. Formatted: Font: (Default) Arial, 10 pt

Child Pornography refers to any representation, whether visual, audio or written combination thereof, by Formatted: List Paragraph, Left, Indent: Left: 0.25", No
electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or bullets or numbering
simulated explicit sexual activities(Section 3). Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
158.179. When is child pornography syndicated?
Formatted: Font: Font color: Auto, English (Philippines),
The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or Border: : (No border)
more persons conspiring or confederating with one another(Section 5).
Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
180. Relate RA 9775 with the Cybercrime Prevention Act of 2012.
Formatted: Font: Font color: Auto, English (Philippines),
The Cybercrime Prevention Act punishes child pornography as a content-related offense. Border: : (No border)
159.
160.181. Nathalie and Robert, 13 and 15 years old respectively, were invited by their teacher, Anthony, to join Formatted: Indent: Left: -0.05"
him in his apartment for a special project. Upon entering the latter’s apartment, the two saw several Formatted: Indent: Left: 0.25", No bullets or numbering
cameras, casting couch, studio lights, and adult crew, among others. Anthony then began discussing Formatted: Font: (Default) Arial, 10 pt
to them that they are engaged in film industry and that they are in need of additional crews for the
Formatted: Justified
latest film they are shooting. He asked if if they are interested to join them. With much enthusiasm, the
two agreed. Immediately thereafter, they started shooting the film and the two got surprised when they
found out that what they were shooting was actually a pornographic film. Fearing for their lives in the
event Anthony and his crew would get infuriated if they will not cooperate, they conceded to the
shooting and participated. What crime did Anthony and his crew commit? Formatted: Font: 9 pt, Bold
The Cybercrime Prevention Act punishes child pornography as a content-related offense.Anthony and his Formatted: Font: Not Bold
crews violated the Anti-Child Pornography Act of 2009 (R.A. No. 9775). The acts punishable under this law
Formatted: List Paragraph, Indent: Left: 0.25"
include, among others, the hiring, employing, using, persuading, inducing or coercing a child to perform in the
creation or production of any form of child pornography. Even if the acts committed can be considered as a Formatted: Font: (Default) Arial, 10 pt, Not Bold, English
(United States)
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form of child abuse punishable under R.A. No. 7610, R.A. No. 9775, which specifically punishes acts similar to
the case at hand, should be applied. Formatted: Font: (Default) Arial, 10 pt

R.A. No. 8049 (ANTI-HAZING LAW) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

161.182. What is hazing? Formatted: Font: Font color: Auto, English (Philippines),
It is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or Border: : (No border)
organization by placing the recruit neophyte or applicant in some embarrassing or humiliating situations, such Formatted: Font: Font color: Auto, English (Philippines),
as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or Border: : (No border)
psychological suffering or injury (Section 1).

183. Hans is neither an officer nor a member of fraternity XYZ. He is neither a part of the group who actually Formatted: Font: (Default) Arial, 10 pt
planned the hazing. Thinking that he will be attending a bachelor’s party, it turned out that it was an Formatted: List Paragraph, Indent: Left: -0.05", Outline
initiation rite. Can Hans be held liable under the provisions of the Anti-Hazing Law? If so, what is the numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at:
extent of his liability? 124 + Alignment: Right + Aligned at: 0" + Indent at: 0.3"
YES. Under Section 4 of R.A. 8049, the presence of any person during the hazing is prima facie evidence of
participation therein as principal unless he prevented the commission of the acts punishable herein. Formatted: Font:
Formatted: List Paragraph, Indent: Left: 0.25"
162.184. XXX Brotherhood wishes to conduct initiation rites to officially welcome its 20 neophytes as new
brothers. What does the law require before XXX may perform its initiation rites? Formatted: Font: (Default) Arial, 10 pt, Not Bold
Section 2 of RA 8049 requires that before initiation or hazing may be performed, notice to the school authorities Formatted: Font: (Default) Arial, 10 pt, Bold
or head of organizations shall be given seven (7) days before the conduct of such rites. The written notice shall
Formatted: Font: Font color: Auto, English (Philippines),
indicate the period of the initiation activities which shall not exceed three (3) days, the names of those to be Border: : (No border)
subjected to such activities, and an undertaking that no physical violence shall be employed by anybody during
Formatted: Font: Font color: Auto, English (Philippines),
such initiation rites.
Border: : (No border)

R.A. No. 4200 (ANTI-WIRE TAPPING ACT) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

163.185. What are the provisions of R.A. 4200 which are related with R.A. 9372 (Human Security Act)? Formatted: Font: Font color: Auto, English (Philippines),
Notwithstanding RA 4200, Section 7 of the Human Security Act allows a police or law enforcement official and Border: : (No border)
the members of his team, upon a written order of the Court of Appeals, to listen to, intercept and record, with Formatted: Font: Font color: Auto, English (Philippines),
the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and Border: : (No border)
tracking devices, or with the use of any other suitable ways and means for that purpose, any communication,
message, conversation, discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism. Exempted from this provision are communications
between lawyers and clients, doctors and patients, journalists and their sources, and confidential business
correspondence.

P.D. No. 1612 (ANTI-FENCING LAW) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

164.186. What is fencing? Who is a fence? Formatted: Font: Font color: Auto, English (Philippines),
Fencing is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, Border: : (No border)
keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, Formatted: Font color: Auto, English (Philippines), Border: :
object or anything of value which he knows, or should be known to him, to have been derived from the (No border)
proceeds of the crime of robbery or theft(Section 2).

Fence includes any person, firm, association, corporation or partnership or other organization who/which Formatted: Font color: Auto, English (Philippines), Border: :
commits the act of fencing(Section 2). (No border)

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165.187. Explain the presumption of fencing. Formatted: Font: Font color: Auto, English (Philippines),
Mere possession of any good, article, item, object, or anything of value which has been subject of robbery or Border: : (No border)
thievery shall be prima facie evidence of fencing. Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
166.188. ChristianRaphael knew that his brother ChristopherDonatello stole the old diamond ring belonging to Formatted: Font: Font color: Auto, English (Philippines),
the latter’s professor. To help him out, ChristianRaphael sold the same to his friend CarloMichael Border: : (No border)
Angelo who is planning to propose marriage to his long-time girlfriend. CarloMichael Angelo bought
the same. What are the criminal liability/liabilities of ChristianRaphael and/or CarloMichael Angelo?
ChristianRaphael is liable as an accessory to the crime of theft committed by his brother ChristopherDonatello. Formatted: Font: Font color: Auto, English (Philippines),
He cannot invoke Article 20 of the RPC and be exempt from liability because he assisted his brother in selling Border: : (No border)
the diamond ring to another, who in turn, profited from the same.

At the same time, he is also liable under the Anti-Fencing Law since he, among others, buys and sells or in any Formatted: Font: Font color: Auto, English (Philippines),
manner deals in any article, item, object or anything of value which has been derived from the proceeds of Border: : (No border)
crime of theft committed by ChristopherDonatello.

CarloMichael Angelo may likewise guilty of the crime of fencing. Mere possession of any good, article, item, Formatted: Font: Font color: Auto, English (Philippines),
object, or anything of value which has been subject of robbery or thievery shall be prima facie evidence of Border: : (No border)
fencing. CarloMichael Angelo has the burden of proving otherwise. Thus, even if CarloMichael Angelo did not
know that the old diamond ring has been subject of thievery, he can still be liable under PD 1612.

BATAS PAMBANSA BLG. 22 (BOUNCING CHECKS LAW) Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)

167.189. Does the law require that the maker should only maintain funds in his account for only 90 days? If no, Formatted: Font: Font color: Auto, English (Philippines),
then what does the law require? Border: : (No border)
NoNO, as fully discussed in the case of Wong v. Court of Appeals, GR No. 117857; February 2, 2001, the law Formatted: Font: Font color: Auto, English (Philippines),
does not require a maker to maintain funds in his bank account for only 90 days. Rather, the clear import of the Border: : (No border)
law is to establish a prima facie presumption of knowledge of such insufficiency of funds under the following
conditions (1) presentment within 90 days from date of the check, and (2) the dishonor of the check and failure
of the maker to make arrangements for payment in full within 5 banking days after notice thereof. That the
check must be deposited within ninety (90) days is simply one of the conditions for the prima facie presumption
of knowledge of lack of funds to arise. It is not an element of the offense. Neither does it discharge the maker
from his duty to maintain sufficient funds in the account within a reasonable time thereof.

190. What are the significant periods to be remembered in BP 22? Formatted: Indent: Hanging: 0.25"
a. 5 days - the maker must make arrangements to make good the check to prevent criminal liability.
b. 90 days - sufficient funds must be maintained to prevent the prima facie presumption of knowledge of
insufficiency of funds to arise.
c. 180 days – beyond this period, the check becomes stale; no criminal action can arise.
Formatted: Indent: Left: 0.25", No bullets or numbering
191. Ariel issued two checks in the amount of P100,000 each as a campaign donation for the candidacy of
Castor in the 1998 elections. The check was used to order printing materials. Claiming that the delivery
of the materials were too late, Castor instructed Ariel to issue a “Stop Payment” order for the checks.
Subsequently, the check bounced prompting the payee, Rivera, to file a complaint against Ariel. After
the lapse of one month from the receipt of demand letters and the subpoena from the Office of the
Prosecutor, Ariel paid the amount of P100,000. Despite this, an information was still filed against Ariel
for violating BP 22. Consequently, the judge convicted Ariel for the crime charged. Is the judge
correct?
NO. Ariel’s criminal liability has been exonerated by paying the amount of the dishonored checks before the Formatted: Indent: Left: 0.3", No bullets or numbering
filing of information with the court. The fact that the issuer of the check had already paid the value of the
dishonored check after having received the subpoena from the Office of the Prosecutor should have
forestalled the filing of the Information in court. The spirit of the law which, for B.P. Blg. 22, is the protection of
the credibility and stability of the banking system, would not be served by penalizing people who have
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evidently made amends for their mistakes and made restitution for damages even before charges have been
filed against them. The payment of the value of the bounced check after the information has been filed in
court, however, would no longer have the effect of exonerating the accused from possible conviction for
violation of B.P. Blg. 22 (Lim vs. People, G.R. No. 190834, November 26, 2014).

NOTE: To avoid any confusion, the ruling in the above case should be well differentiated from cases where
the accused is charged with estafa under Article 315, par. 2(d) of the Revised Penal Code, where the fraud is
perpetuated by postdating a check, or issuing a check in payment of an obligation when the offender had no
funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. In said
case of estafa, damage and deceit are the essential elements of the offense, and the check is merely the
accused's tool in committing fraud. In such a case, paying the value of the dishonored check will not free the
accused from criminal liability. It will merely satisfy the civil liability of the crime but not the criminal liability.
168. Formatted: No bullets or numbering
a. 5 days - the maker must make arrangements to make good the check to prevent criminal liability.
b. 90 days - sufficient funds must be maintained to prevent the prima facie presumption of knowledge of
insufficiency of funds to arise.
c. 180 days – beyond this period, the check becomes stale; no criminal action can arise. Formatted: Font: (Default) Calibri, 11 pt, Not Bold
Formatted: List Paragraph, Indent: Left: 0.3", No bullets or
R.A. No. 6539 (ANTI-CARNAPPING ACT) numbering
Formatted: Font: (Default) Calibri, 11 pt
169.192. Alex, a tricycle driver, plied his usual route using his motorcycle with a sidecar. Ramil rode on the
sidecar, poked a knife at Alex, and instructed him to drive to the bridge. Upon reaching the bridge,
Ramil demanded from Alex the keys so that he could take the motorcycle with him but Alex refused.
Ramil stabbed to death Alex and fled from the scene taking Alex’s motorcycle with him. What crime did
Ramil commit?
Ramil committed the composite crime of carnapping with homicide under Section 14 of RA 6539, considering
that Alex, the owner/driver of the carnapped motorcycle, was killed in the commission of the carnapping(People
v. Dela Cruz, 183 SCRA 763). There is no apparent motive for the killing of Alex but for Ramil to be able to take
the motorcycle. A motorcycle is included in the definition of a “motor vehicle” in RA 6539.

R.A. No. 9995 (ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009) Formatted: Font: Bold
Formatted: Font:
170.193. What is “photo or video voyeurism”? Formatted: Font: Not Bold
It is the act of taking photo or video coverage of a person performing sexual act or of capturing an image of the Formatted: Font:
private area of a person without the latter’s consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or Formatted: Font color: Auto
exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, Formatted
internet, cellular phones and similar means or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of same was given by such person/s.
Formatted: Font:
194. Enumerate the specific acts prohibited and punished under RA 9995. Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.25",
171.a. To take photo or video coverage of a person performing sexual act or to capture an image of the Tab stops: 0.31", Left
private area of a person/s without the consent of the person/s involved and under circumstances in which
the person/s has/have a reasonable expectation of privacy;
172.b. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording. It
is immaterial if consent to record or take photo or video coverage of the same was given by such person/s;
173.c. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual
act. It is immaterial if consent to record or take photo or video coverage of the same was given by such
person/s; and
174.d. To publish or broadcast, or cause to be published or broadcast, or show or exhibit the photo or
video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular
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phones and other similar means or device. It is immaterial if consent to record or take photo or video
coverage of the same was given by such person/s.
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195. Sam is a family friend of spouses Nilo and Rina. He is likewise the godfather of their daughter, Marissa, or numbering
who grew up as a fine and beautiful lady. Whenever Sam would visit Nilo’s house, he would Formatted: Font: (Default) Arial, 10 pt, English (United
immediately find Marissa and give her compliments. Unknown to Nilo and his family, Sam has a lewd States)
interest towards Marissa since she was a kid. Prompted by his desires during one of his visits, he Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.25"
surreptitiously planted a ballpen spy camera inside Nilo’s bathroom immediately before Marissa
entered to record her while taking a bath. Karissa noticed the ballpen bearing Sam’s initials after taking
her bath. She later on found out that it was a spy camera. What crime, if any, did Sam commit?
Sam violated the Anti-photo and Video Voyeurism Act. This law punishes act of taking photo or video coverage Formatted: Font: (Default) Arial, 10 pt, Not Bold
of a person or group of persons performing sexual act or any similar activity or to capture an image of the Formatted: List Paragraph, Indent: Left: 0.25", No bullets
private area of a person/s such as the naked or undergarment clad genitals, pubic area, buttocks or female or numbering
breast without the consent of the person/s involved and under circumstances in which the person/s has/have a
reasonable expectation of privacy. In this case, a video was taken while Marissa was naked and inside the
protection of her abode from which privacy may be necessarily implied.
175. Formatted: No bullets or numbering
a. To take photo or video coverage of a person performing sexual act or to capture an image of the private
area of a person/s without the consent of the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy;
b. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording. It is
immaterial if consent to record or take photo or video coverage of the same was given by such person/s;
c. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act. It is
immaterial if consent to record or take photo or video coverage of the same was given by such person/s; and
d. To publish or broadcast, or cause to be published or broadcast, or show or exhibit the photo or video Formatted: Font: (Default) Calibri, 11 pt, Not Bold
coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones Formatted: List Paragraph, Indent: Left: 0.25", No bullets
and other similar means or device. It is immaterial if consent to record or take photo or video coverage of the or numbering
same was given by such person/s. Formatted: Font: (Default) Calibri, 11 pt

R.A. No. 9165 (COMPREHENSIVE DANGEROUS DRUG ACT) Formatted: Font:

196. What are the acts included in drug trafficking? Formatted: Indent: Left: 0", Hanging: 0.25"
It includes: possession, illegal cultivation and culture, delivery, administration, dispensation, manufacture, sale, Formatted: Indent: Left: 0.25"
trading, transportation, distribution, importation, exportation or any dangerous drug and/or controlled precursor
and essential chemical. (Sec. 3(l), RA 9165)

197. May a person charged with violation of the provisions of Dangerous Drugs Act of 2002 avail of Formatted: Indent: Left: 0", Hanging: 0.25"
probation?
It depends. Convicted drug traffickers and pushers cannot avail of probation, regardless of the penalty Formatted: Indent: Left: 0.25"
imposed. However, those guilty of other violations, may apply for probation; provided the requisites of probation
are complied with, that is, the penalty imposed must not exceed 6 years. In the case of a first-time minor
offender, the court, in its discretion, may place the accused under the probation even if the sentence provided
is higher than that provided under the existing law on probation, or impose community service in lieu of
imprisonment. However, if such first-time minor offender is guilty of drug pushing or trafficking, he cannot avail
of probation.

198. What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the effect
of failure to observe the requirement?
Chain of custody” requirement in drug offenses refers to the duly recorded, authorized movement and custody
of seized dangerous drugs, controlled chemicals, plant sources of dangerous drugs, laboratory equipment for
dangerous drugs from the time of confiscation/seizure thereof from the offender, to its turn-over and receipt in

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the forensic laboratory for examination, to its safekeeping and eventual presentation/offer in court as evidence
of the criminal violation, and for destruction. (Dangerous Drugs Board Regulation No. 1 Series of 2002)

Its rationale is to preserve the authenticity of the corpus delictior the body of the crime by rendering it that the
original item seized/confiscated in the violation has been exchanged or substituted with another or tampered
with or contaminated. It is method of authenticating the evidence as would support a finding beyond
reasonable doubt that the matter is what the prosecution claims it to be.

Failure to observe the “chain of custody” requirement renders the evidence questionable, not trustworthy and
insufficient to prove the corpus delictibeyond reasonable doubt. The corpus delicti in dangerous drugs cases
constitutes the drug itself. This means that proof beyond reasonable doubt of the identity of the prohibited drug
is essential" Formatted: Font color: Auto

199. PO1 John, who was acting as a poseur-buyer, confidential informant Nathalie, and the rest of the team Formatted: Font: (Default) Arial, 10 pt
moved to the house of Lougenia and placed theirselves on strategic locations for a buy-bust Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.3"
operation. Nathalie then introduced PO1 John to Lougenia as a drug addict in dire need of drugs.
Lougenia then gave to PO1 John 3 plastic sachets containing crystalline substance. PO1 John likewise
delivered the buy-bust money to Lougenia in return. Thereafter, PO1 John examined the plastic sachet
he obtained. Suspecting it to be shabu, he signaled his team to approach the target. The team frisked
Lougenia and brought her to police station. Can Lougenia be held liable for violating Sec. 5, Art. II of
RA 9165 or illegal sale of dangerous drugs? Formatted: Font:
YES. The elements for illegal sale of dangerous drugs are the following: (1) the identity of the buyer and the Formatted: List Paragraph, Indent: Left: 0.3", No bullets or
seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor. In this numbering
case, Lougenia sold to the poseur-buyer a heat-sealed plastic sachet containing white crystalline substance.
Formatted: Font: (Default) Arial, 10 pt, Not Bold
The delivery of the contraband to the poseur-buyer and the receipt by the seller of the marked money
successfully consummated the buy-bust transaction (People v. Amansec, G.R. No. 186131, December 14,
2011).

Formatted: Font: (Default) Arial, 10 pt, Bold

200. PO2 Gerald and his team conducted a buy-bust operation against the Klarence. The buy-bust team Formatted: Font: (Default) Arial, 10 pt
saw the informant, Evan, talk to Klarence for about five to seven minutes. They saw Evan extend his
left hand to give the buy-bust money to Klarence and the latter handed the object of the sale using his Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.3"
right hand. Thereafter, Evan signaled the completion of the transaction. The buy-bust team
approached Klarence and PO1 Algie was able to recover the buy-bust money. As a result, Klarence
was indicted for the crime of illegal sale of dangerous drugs. During trial, PO1 Algie did not testify as
regards this matter. Also, there was no witness presented to discuss the transmission of the drugs to
the crime laboratory for examination. If you were the judge, how would you rule on this case? Formatted: Font:
I would acquit Klarence. To secure a conviction for illegal sale of dangerous drugs, the following elements Formatted: Font: (Default) Arial, 10 pt, Not Bold
must be established: (1) the identity of the buyer and the seller, the object of the sale, and the consideration;
and (2) the delivery of the thing sold and the payment thereof. In this case, the absence of testimonies as Formatted: List Paragraph, Indent: Left: 0.3", No bullets or
numbering
regards the receipt of shabu from the accused and its transmission to the laboratory for examination is fatal to
the establishment of the identity of the object of the illegal sale of drugs and the delivery of the thing sold.
Therefore, Klarence is not guilty for failure of the prosecution to prove her guilt beyond reasonable doubt Formatted: Font: (Default) Arial, 10 pt, Bold
(People v. Pepino-Consulta, G.R. No. 191071, August 28, 2013). Formatted: Font: (Default) Arial, 10 pt
Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.3"
Formatted: Font:
201. In the course of a buy-bust operation, the informant and IO1 Hoohu Lee informed Kerwin, a carpenter,
of their intention to buy shabu. IO1 Lee asked Kerwin if he has the stuff and if he could see them. Formatted: Font: (Default) Arial, 10 pt
Kerwin thus handed over to IO1 Lee two plastic sachets containing white crystalline substance. IO1 Formatted: List Paragraph, Indent: Left: 0.31"
Lee then made the pre-arranged signal to indicate the completion of the transaction.
Formatted: List Paragraph, Indent: Left: 0.56", No bullets
a. Is Kerwin guilty of illegal sale of dangerous drugs? or numbering
NO. The crime of illegal sale of dangerous drugs has the following elements: (1) the identity of the buyer
and the seller, the object, and consideration; (2) the delivery of the thing sold and the payment therefor. Formatted: Font: (Default) Arial, 10 pt, Not Bold
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Since, the element of receipt of payment for the thing sold is absent in this case, the offense of illegal sale
of dangerous drug against Kerwin cannot stand.

b. If not, is he guilty of any crime? Formatted: Font: (Default) Arial, 10 pt

YES. Kerwin is guilty of illegal delivery of a dangerous drug. To establish the guilt of an accused for the Formatted: Font:
illegal delivery of a dangerous drug, there must be evidence that (1) the accused passed on possession of
a dangerous drug to another, personally or otherwise, and by any means; (2) such delivery is not Formatted: List Paragraph, Indent: Left: 0.31"
authorized by law; and (3) the accused knowingly made the delivery with or without consideration. Kerwin Formatted: List Paragraph, Indent: Left: 0.56", No bullets
knowingly and voluntarily handed over the possession of the substance to IO1 Lee without receiving any or numbering
payment therefor. Kerwin had no authority under the law to deliver the drug since he was working as a Formatted: Font: (Default) Arial, 10 pt, Not Bold
carpenter at the time of his arrest (People v. Reyes G.R. No. 194606 February 18, 2015).

199.202. Drugs were found under the bed in the inner room of the house of X husband and Y wife where they Formatted: Font: Font color: Auto, English (Philippines),
also resided. A case for illegal possession of drugs was filed against them. The accused X and Y Border: : (No border)
contended that the drugs were not in their possession and control when found by the policemen. Will
the complaint prosper against both husband and wife?
Yes. In the case of People v Tira, G.R. No. 139615; May 28, 2004, the Supreme Court held that possession Formatted: Font: Font color: Auto, English (Philippines),
under the law includes not only actual possession but also constructive possession. Constructive possession Border: : (No border)
exists when the drug is under the dominion and control of the accused or when he has the right to exercise
dominion and control over the place where it is found. “Possession, under the law, includes not only actual
possession, but also constructive possession. Actual possession exists when the drug is in the immediate
physical possession or control of the accused. On the other hand, constructive possession exists when the
drug is under the dominion and control of the accused or when he has the right to exercise dominion and
control over the place where it is found. Exclusive possession or control is not necessary. The accused cannot
avoid conviction if his right to exercise control and dominion over the place where the contraband is located, is
shared with another (People v. Zhen Hua G.R. No. 139301, September 29, 2004). ”

200.203. Obie Juan is suspected to have in his possession an unspecified amount of methamphetamine Formatted: Font: Font color: Auto, English (Philippines),
hydrochloride or “shabu”. An entrapment operation was conducted by police officers, resulting in his Border: : (No border)
arrest following the discovery of 100 grams of the said dangerous drug in his possession. He was
subjected to a drug test and was found positive for the use of marijuana, another dangerous drug. He
was subsequently charged with two crimes: Violation of Section 11, Article II of RA 9165 for the
possession of “shabu” and violation of Section 15, Article II of RA 9165 for the use of marijuana. Is the
charge proper? So as not to be sentenced to death, Obie Juan offers to plead guilty to a lesser
offense. Can he do so? Why?
No. Section 15 (use of dangerous drugs) of RA 9165 shall not be applicable where the person tested is also Formatted: Font: Font color: Auto, English (Philippines),
found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 Border: : (No border)
(possession of drugs), in which case the provisions stated therein (Section 11) shall apply. Likewise, Obie
Juan cannot plead guilty to a lesser offense since under Sec. 23 of RA 9165, a person charged under the
same law, regardless of the imposable penalty shall not be allowed to avail of the provisions on plea-
bargaining.

201.204. Pedro was caught in the act of selling to a poseur-buyer, two grams of shabu. When he was arrested Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
for selling two grams of shabu, Pedro was frisked and the police officers discovered that Pedro was in
possession of another gram of shabu in his pocket. Pedro is criminally liable for: Formatted: Font: Font color: Auto, English (Philippines),
a. Sale of two grams of shabu. The possession of the other gram is inherent in the crime of sale. Border: : (No border)
b. Pedro is liable for separate crimes of possession of one gram of shabu and consummated sale of Formatted: Font: Font color: Auto, English (Philippines),
shabu. Border: : (No border)
c. Complex crime of sale and possession of shabu. Formatted: Font: Font color: Auto, English (Philippines),
Border: : (No border)
Letter B(b). The accused is liable for separate crimes of possession of illegal drugs (Sec. 11, RA 9165) and Formatted: Font: Not Bold
consummated sale of illegal drugs under Sec. 5 of RA 9165. The possession of the other gram cannot be
considered inherent in the sale since what is only deemed subsumed in the sale is the possession of such Formatted: Indent: Left: 0.3"
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quantity of drugs that is the same subject of the sale, which in this case is the two grams of shabu. Likewise,
there can be no complex crime of sale and possession of shabu.

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