1

Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Introduction Table of Contents

Classical Theory
The Syllabus-based eReviewers of eCodal+Pro is now on its Fundamental Principles of Criminal Law 2 Positivist Theory
4th edition. This passion project started in 2021 while the
Eclectic or Mixed Theory
author, Atty. RGL, reviewed for the 2020_21 #BestBarEver. Revised Penal Code - Book One 10
Utilitarian Theory
The review materials are painstakingly curated to address
the topics of the current bar syllabi. Know that the aim here Revised Penal Code - Book Two 93 1 Classical Theory
is to be as concise and direct as possible, while making sure
all topics are covered. The materials are not envisioned to be Special Penal Laws 202 The basic principle in our criminal law is that a person is
a primary review material as we give deference to the criminally liable for a felony committed by him.
scholarly works of legal luminaries. It is highly advised that Practical Exercises 255 Under the classical theory on which our penal code is
the materials are to be treated as supplements to reviewers
mainly based, the basis of criminal liability is human
as prescribed by law school professors. free will. Man is essentially a moral creature with an
Fundamental Principles of
Please note as well that the author has no crystal ball and is I absolutely free will to choose between good and evil.
not in the business of predicting what topics will come out Criminal Law When he commits a felonious or criminal act (delito
in the Bar. What the author would like to impart to the doloso), the act is presumed to have been done
Schools of Thoughts
reader is the sense of security and confidence that after voluntarily, i.e., with freedom, intelligence and intent.
finishing the materials, all topics have been covered. Construction or Interpretation of Penal Man, therefore, should be adjudged or held accountable
Laws for wrongful acts so long as free will appears
Lastly, the author wishes to request the reader to be
unimpaired. (People v. Racal 2017)
vanguards of the law. If you happen to grab a copy of this Mala in se and mala prohibita
material without having subscribed to eCodal+Pro, please
Principles of Generality, Territoriality 2 Positivist Theory
contact the author at fb.com/ecodalplus, or email him at
and Prospectivity
[email protected]. The positivist theory of criminal law states that the
Constitutional Limitations on the Power basis for criminal liability is the sum total of the social
May you have the strength and peace of mind as you take
of Congress to Enact Penal Laws
one more step into becoming members of the noblest of all and economic phenomena to which the offense is
professions. expressed. The State is concerned not only in the
A Schools of Thoughts
imperative necessity of protecting the social
Padayon!

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 2 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

organization against the criminal acts of destructive

Construction or Interpretation of Absolute Repeal
individuals but also in redeeming the individual for B
Penal Laws As a rule, an absolute repeal of a penal law has the effect of
economic usefulness and other social ends (People v.
Ducosin). depriving a court of its authority to punish a person
Effects of Repeal/Amendments of Penal
charged with violation of the old law prior to its repeal.
The adoption of this theory is exemplified in the Laws
(Benedicto v. CA) This is because an unqualified repeal of a
Indeterminate Sentence law.
Retroactive Effect of Penal Laws penal law constitutes a legislative act of rendering legal
what had been previously declared as illegal, such that the
3 Eclectic or Mixed Theory Pro reo Principle
offense no longer exists and it is as if the person who
It is a combination of positivist and classical thinking Suppletory Application of the Revised Penal committed it never did so.
wherein crimes that are economic and social in nature Code to Special Penal Laws
There are, however, exceptions to the rule.
should be dealt in a positive manner, thus, the law is
Effects of Repeal/Amendments of Penal 1. One is the inclusion of a saving clause in the
more compassionate. 1
Laws repealing statute that provides that the repeal shall
4 Utilitarian Theory Different effects of repeal of penal law.
have no effect on pending actions.

Under the utilitarian theory, the "protective theory" in 2. Another is where the repealing act reenacts the
1. If the repeal makes the penalty lighter in the new
criminal law, affirms that the primary function of former statute and punishes the act previously
law, the new law shall be applied, except when the
punishment is the protection of society against actual penalized under the old law. In such instance, the
offender is a habitual delinquent or when the new
and potential wrongdoers. act committed before the reenactment continues to
law is made not applicable to pending action or
be an offense in the statute books and pending cases
It is not clear whether petitioner could be considered as existing causes of action.
are not affected, regardless of whether the new
having actually committed the wrong sought to be 2. If the new law imposes a heavier penalty, the law in penalty to be imposed is more favorable to the
punished in the offense charged, but on the other hand, force at the time of the commission of the offense accused.
it can be safely said that the actuations of Mrs. Carolina shall be applied.
Teng amounts to that of potential wrongdoers whose The repeal of a penal law deprives the courts of jurisdiction
3. If the new law totally repeals the existing law so that to punish persons charged with a violation of the old penal
operations should also be clipped at some point in time
the act which was penalized under the old law is no law prior to its repeal. (People v. Almuete)
in order that the unwary public will not be falling prey to
longer punishable, the crime is obliterated. (I Reyes,
such a vicious transaction. (Magno v. CA and People)
The Revised Penal Code, 2021) 2 Retroactive Effect of Penal Laws

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 3 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

The general rule is that penal laws shall have a Buenafe v. COMELEC 2022 En Banc In dubio pro reo. When in doubt, rule for the accused. This
retroactive effect insofar as they favor the person guilty is in consonance with the constitutional guarantee that
Unless explicitly provided for in the fallo, the penalty of
of a felony except the accused shall be presumed innocent unless and until
disqualification from public office under Section 286(c) is
his guilt is established beyond reasonable doubt. It is
a. If the offender is a habitual delinquent; not deemed automatically imposed on a public officer or
well-settled that the scope of a penal statute cannot be
b. The new or amendatory law is not favorable to employee found to have violated the provisions of the 1977
extended by good intention, implication, or even equity
him; or NIRC. This interpretation is more in keeping with the
consideration. Only those persons, offenses, and
intention of the legislators, as well as being more favorable
c. Retrospective application is expressly penalties, clearly included, beyond any reasonable doubt,
to the accused.
proscribed. will be considered, within the statute's operation.
In the instant case, to hold that a judicial declaration of
People v. Sarcia
Sps Dulay v. People 2021 absolute nullity is a necessity before an accused in
Sec 68 of RA 9344 allows the retroactive application of the criminal prosecution for bigamy may invoke his void ab
We have applied the doctrine of pro reo and the correlative
Act to those who have been convicted and are serving initio marriage as a valid defense interprets Article 349 too
rule on lenity when there is doubt as to the applicability of
sentence at the time of the effectivity of this said Act, and liberally in favor of the State and too strictly against the
various penalties under different amended or repealed
who were below the age of 18 years at the time of the accused, in violation of the rule of lenity and the rule on
laws.
commission of the offense. strict construction of penal laws.
Here, there is no doubt as to the applicability of Article
315(2)(a) of the RPC: the constitutive offense of estafa by
3 Pro reo Principle deceit under Article 315(2)(a) was specifically charged in Sama and Masanglay v. People 2021 En Banc
the Information, established and proven beyond
In dubio pro reo. When in doubt, rule for the accused. Concurring opinion of Leonen, J
reasonable doubt, and affirmed on appeal by the appellate
Intimately related to the in dubio pro reo principle is the court. We therefore find no need to apply lenity and the Under the present legal framework, the State commits to
rule of lenity. The rule applies when the court is faced doctrine of pro reo, and ignore the specific provision of law recognize and protect the rights of indigenous cultural
with two possible interpretations of a penal statute, and the penalty prescribed thereunder. communities to their ancestral lands. In this regard,
one that is prejudicial to the accused and another that recent criminal and environmental legislations, such as
is favorable to him. The rule calls for the adoption of The Expanded National Integrated Protected Areas
an interpretation which is more lenient to the accused. Pulido v. People 2021 En Banc System Act of 2018, have acknowledged the exercise by the
(Intestate Estate of Gonzales v. People 2010) indigenous peoples of their cultural practices and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 4 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

traditions to be an exception from the permit Suppletory Application of the Revised

requirement. 4 Penal Code to Special Penal Laws
art. 10
C Mala in se and mala prohibita
Further, the continuing inclination towards considering
these cultural practices as an exception casts reasonable ART 10. Offenses not subject to the provisions of this Crimes mala in se are inherently immoral and involve
doubt on whether or not petitioners should be held guilty Code. — Offenses which are or in the future may be intent to commit a crime. Good faith is a defense in
under PD No. 705. The preferential application of these punishable under special laws are not subject to the mala in se crimes, but is NOT a defense in mala prohibita
later laws is not only in accord with the pro reo principle, provisions of this Code. This Code shall be crimes, where what is required is merely the intent to
but also with the concept of social justice. perpetrate the act. Although most crimes punished under
supplementary to such laws, unless the latter should
special penal laws are mala prohibita, there are also those
specially provide the contrary.
that are mala in se.
People v. Pagal 2020 En Banc DENR-PENRO v. Eastern Island Shipping 2023
Cardona v. People 2020
Here, there is nothing in the records that would show the P.D. No. 705, being a special law, prevails over the
provisions of the RPC, a general law, with respect to An act prohibited by a special law does NOT automatically
guilt of accused-appellant. It is also not just to remand the
violations of and prosecution of offenses under P.D. No. make it malum prohibitum. "When the acts complained of
case because this is not a situation where the prosecution
705. are inherently immoral, they are deemed mala in se, even
was wholly deprived of the opportunity to perform its
if they are punished by a special law." The bench and bar
duties under the 2000 Revised Rules. In truth, to remand There is nothing in P.D. No. 705 that prohibits nor must rid themselves of the common misconception that
the instant case in the face of the prosecution's failure to provides against the suppletory application of the RPC. To all mala in se crimes are found in the RPC, while all mala
discharge its duty under Sec. 3, Rule 116 would be to be sure, the suppletory application of the RPC to special prohibita crimes are provided by special laws. The better
unduly favor the State and the victims' relatives to the laws, by virtue of Article 10 thereof, finds relevance when approach to distinguish between mala in se and mala
detriment of the constitutional rights of the provisions of the special law are silent on a particular prohibita crimes is the determination of the inherent
accused-appellant. The duty of the prosecution to prove matter. Section 68 of P.D. No. 705 is silent on the judicial immorality or vileness of the penalized act.
the accused's guilt for the capital offense, despite his plea confiscation of "conveyances" used in breaches of said
of guilt, whether improvidently made or not, is not novel. Section. Is a violation of Section 195 of the OEC mala in se such that good
No special considerations should be allotted the faith and lack of criminal intent can be raised as valid defenses
Thus, judicial confiscation under Section 68 of P.D. No. against its conviction? YES. The applicable portion of Section
prosecution for its failure. In dubio pro reo. When in doubt,
705, like the confiscation contemplated in Article 45 of the 195 forbids the intentional tearing or defacing of the ballot
rule for the accused.
RPC, is an additional penalty imposed in the event of or the placement of a distinguishing mark.
conviction under P.D. No 705.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 5 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Garcia v. CA Generality
In Garcia v. CA this Court categorically held that an
electoral offense under Section 27(b) of R.A. 6646 is mala in The acts prohibited in Section 27(b) of the Omnibus
Territoriality
se because "it could not [have been] the intent of the law to Election Code are mala in se. Given the volume of votes to
punish unintentional election canvass errors." The same be counted and canvassed within a limited amount of Prospectivity
should apply to unintentional marks made on a ballot. time, errors and miscalculations are bound to happen.
And it could not be the intent of the law to punish 1 Generality
unintentional election canvass errors. Penal laws apply to ALL PERSONS who commit crimes
Matalam v. People 2016 within the territory.
Criminal intent is presumed to exist on the part of the
The general rule is that acts punished under a special law person who executes an act which the law punishes, EXC
are malum prohibitum. "An act which is declared malum unless the contrary shall appear. Thus, whoever invokes
1. Under Vienna Convention on diplomatic
prohibitum, malice or criminal intent is completely good faith as a defense has the burden of proving its
relations;
immaterial." existence.
2. In certain exempting circumstances under the
Hence, "intent to commit the crime and intent to
RPC and special laws;
perpetrate the act must be distinguished. A person may not
People v. Comia 3. Legal pluralism in certain areas/culture, i.e. the
have consciously intended to commit a crime; but he did intend to
commit an act, and that act is, by the very nature of things, the The act of transporting a prohibited drug is a "malum Muslim Code and IPRA.
crime itself." When an act is prohibited by a special law, it is prohibitum" because it is punished as an offense under a
considered injurious to public welfare, and the special law. It is a wrong because it is prohibited by law. 2 Territoriality
performance of the prohibited act is the crime itself. Without the law punishing the act, it cannot be considered
Penal laws apply to all offenses committed within the
a wrong. As such, the mere commission of said act is what
Volition, or intent to commit the act, is different from PH territory.
criminal intent. Volition or voluntariness refers to constitutes the offense punished and suffices to validly
charge and convict an individual caught committing the EXC
knowledge of the act being done. On the other hand,
criminal intent refers to the state of mind beyond act so punished, regardless of criminal intent. 1. Extraterritoriality under the RPC and SPLs
voluntariness. It is this intent that is being punished by 2. Transnational crimes under UNTOC and
crimes mala in se. domestic law,
Principles of Generality,
D 3. Universal jurisdiction in jus cogens crimes and
Territoriality and Prospectivity
under UNCLOS, and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 6 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4. Erga omnes crimes under international criminal EXC if the provisions are favorable to the accused who Fine
tribunal jurisdiction. is not a habitual offender
1 Equal Protection
EXC to the EXC the law itself provides against such
People v. Tulin It is an established principle of constitutional law that the
retroactive effect.
re extraterritoriality and universal jurisdiction guarantee of the equal protection of the laws is not violated
The attack on and seizure of "M/T Tabangao'' and its cargo Hernan v. Sandiganbayan 2017 En Banc by a legislation based on reasonable classification. And
were committed in Philippine waters, although the captive the classification, to be reasonable,
For as long as the penal law is favorable to the accused, it
vessel was later brought by the pirates to Singapore where 1) must rest on substantial distinctions;
shall find application regardless of whether its effectivity
its cargo was off-loaded, transferred, and sold. And such
comes after the time when the judgment of conviction is 2) must be germane to the purposes of the law;
transfer was done under accused-appellant Hiong's direct
rendered and even if service of sentence has already
supervision. Although PD No. 532 requires that the attack 3) must not be limited to existing conditions only; and
begun. The accused shall be entitled to the benefits of the
and seizure of the vessel and its cargo be committed in
new law warranting him to serve a lesser sentence, or to 4) must apply equally to all members of the same class.
Philippine waters, the disposition by the pirates of the
his release, if he has already begun serving his previous In People v. Vera, the old Probation Law provided that the
vessel and its cargo is still deemed part of the act of piracy,
sentence, and said service already accomplishes the term probation system shall be applicable “only in those
hence, the same need not be committed in Philippine
of the modified sentence. provinces in which the respective provincial boards have
waters.
provided for the salary of a probation officer.” On its face, it
Moreover, piracy falls under Title One of Book Two of the is a sound law. But when applied, it discriminates against
Revised Penal Code. As such, it is an exception to the rule on
Constitutional Limitations on the persons in one province that may not be able to provide for
territoriality in criminal law. It is likewise, well-settled that
E Power of Congress to Enact Penal the salary of a probation officer. Thus, they are denied
regardless of the law penalizing the same, piracy is a
Laws probation.
reprehensible crime against the whole world (People v.
Lol-lo). Equal Protection People v. Cayat

Due Process Act No. 1639 satisfies these requirements. The

classification rests on real or substantial, not merely
3 Prospectivity Bill of Attainder
imaginary or whimsical, distinctions. It is not based
Penal laws do NOT have retroactive effect. Ex post facto Law upon "accident of birth or parentage," as counsel for the

Cruel and Unusual Punishment; Excessive

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 7 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

appellant asserts, but upon the degree of civilization and bias and prejudice against women all make for real will take could be enough to enable the defendant to
culture. differences justifying the classification under the abscond or dispose of his property, in the same way, the
law. victim of VAWC may already have suffered harrowing
That it is germane to the purposes of law cannot be
doubted; The prohibition "to buy, receive, have in his experiences in the hands of her tormentor, and possibly
2. The classification is germane to the purpose of the law.
even death, if notice and hearing were required before
possession, or drink any ardent spirits, ale, beer, wine, or — The distinction between men and women is
intoxicating liquors of any kind, other than the so-called germane to the purpose of R.A. 9262, which is to such acts could be prevented.
native wines and liquors which the members of such address violence committed against women and It is a constitutional commonplace that the ordinary
tribes have been accustomed themselves to make prior to children. requirements of procedural due process must yield to the
the passage of this Act," is unquestionably designed to necessities of protecting vital public interests, among
3. The classification is not limited to existing conditions
insure peace and order in and among the non-Christian only, and apply equally to all members. which is protection of women and children from violence
tribes. It has been the sad experience of the past, as the and threats to their personal safety and security.
observations of the lower court disclose, that the free use
of highly intoxicating liquors by the non-Christian tribes
2 Due Process
have often resulted in lawlessness and crimes, thereby Southern Hemisphere Engagement Network v. Anti-Terrorism
hampering the efforts of the government to raise their Council 2010 En Banc
standard of life and civilization. Garcia v. Drilon 2013 En Banc A statute or act suffers from the defect of vagueness
The essence of due process is to be found in the reasonable when it lacks comprehensible standards. It is repugnant
opportunity to be heard and submit any evidence one may to the Constitution in two respects:
Garcia v. Drilon 2013 En Banc
have in support of one's defense. "To be heard" does not 1) it violates due process; and
R.A. 9262 is based on a valid classification and, as such, only mean verbal arguments in court; one may be heard
did not violate the equal protection clause by favoring 2) it leaves law enforcers unbridled discretion in
also through pleadings. Where opportunity to be heard,
women over men as victims of violence and abuse to carrying out its provisions and becomes an
either through oral arguments or pleadings, is accorded,
whom the State extends its protection. arbitrary flexing of the Government muscle.
there is no denial of procedural due process.
1. It rests on substantial distinctions. — The unequal The vagueness doctrine, as ground for a facial challenge, is
The grant of a TPO ex parte cannot, therefore, be
power relationship between women and men; the not applicable to penal laws. The allowance of a facial
challenged as violative of the right to due process. Just like
fact that women are more likely than men to be challenge in free speech cases is justified by the aim to
a writ of preliminary attachment which is issued without
victims of violence; and the widespread gender avert the "chilling effect" on protected speech, the exercise
notice and hearing because the time in which the hearing

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 8 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

of which should not at all times be abridged. This rationale Contrary to petitioner's assertion, the Anti-Hazing Law is 2) aggravates a crime, or makes it greater than it was,
is inapplicable to plain penal statutes that generally bear not a bill of attainder. when committed;
an "in terrorem effect" in deterring socially harmful
Here, the mere filing of an Information against petitioner 3) changes the punishment and inflicts a greater
conduct. and her fellow sorority members is not a finding of their punishment than the law annexed to the crime
In this jurisdiction, the void-for-vagueness doctrine guilt of the crime charged. Contrary to her claim, when committed;
asserted under the due process clause has been utilized in petitioner is not being charged merely because she is a
4) alters the legal rules of evidence, and authorizes
examining the constitutionality of criminal statutes. member of the Tau Gamma Sigma Sorority, but because
conviction upon less or different testimony than the
she is allegedly a principal by direct participation in the
law required at the time of the commission of the
hazing that led to Abracia's death. As stated, these are
offense;
3 Bill of Attainder matters for the trial court to decide.
5) assuming to regulate civil rights and remedies only,
A bill of attainder is generally understood as a legislative in effect imposes penalty or deprivation of a right
act which inflicts punishment on individuals or members of Misolas v. Panga for something which when done was lawful, and
a particular group without a judicial trial.
Essential to a bill of attainder are a specification of certain 6) deprives a person accused of a crime of some lawful
For a law to be considered a bill of attainder, it must be individuals or a group of individuals, the imposition of a protection to which he has become entitled, such as
shown to contain all of the following: punishment, penal or otherwise, and the lack of judicial the protection of a former conviction or acquittal, or
a proclamation of amnesty.
1. a specification of certain individuals or a group of trial. This last element, the total lack of court intervention
individuals, in the finding of guilt and the determination of the actual
Sps Dulay v. People 2021
penalty to be imposed, is the most essential. P.D. No. 1866
2. the imposition of a punishment, penal or
does not possess the elements of a bill of attainder. The petitioners rely on Republic v. Eugenio, Jr., wherein the
otherwise, and
Court declared that the proscription against ex post facto
3. the lack of judicial trial. laws should be applied to the interpretation of the original
The most essential of these elements is the complete 4 Ex post facto Law text of Section 11 of R.A. No. 9160 because the passage of
exclusion of the courts from the determination of guilt and said law "stripped another layer off the rule on absolute
An ex post facto law is one which:
imposable penalty. confidentiality that provided a measure of lawful
1) makes criminal an act done before the passage of protection to the account holder." Accordingly, the
Fuertes v. Senate of the Philippines 2020 En Banc the law and which was innocent when done, and application for the bank inquiry order as the means of
punishes such an act;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 9 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

inquiring into records of transactions entered into prior Regulations of Republic Act No. 10592 is DECLARED this Court, it also constitutes "cruel, degrading, and
to the passage of R.A. No. 9160 would be constitutionally invalid insofar as it provides for the prospective inhuman" punishment for the accused. The aim is to
infirm, offensive as it was to the ex post facto clause of the application of the grant of good conduct time allowance, rehabilitate, not punish, those drug offenders.
Constitution. time allowance for study, teaching and mentoring, and
special time allowance for loyalty.
The petitioners' reliance on said case is misplaced. Unlike
the passage of R.A. No. 9160 in order to allow an exception II Revised Penal Code - Book One
to the general rule on bank secrecy, the amendment
introduced by R.A. No. 10167 does away with the notice to Cruel and Unusual Punishment; Felonies
5
the account holder at the time when the bank inquiry Excessive Fine
Circumstances Affecting Criminal Liability
order is applied for. Indeed, R.A. No. 10167, in recognition §19. Excessive fines shall not be imposed, nor cruel,
of the ex post facto clause of the Constitution, explicitly Persons Criminally Liable and Degree of
degrading or inhuman punishment inflicted. Neither
provides that "the penal provisions shall not apply to acts Participation
shall death penalty be imposed, unless, for
done prior to the effectivity of the AMLA on October 17, compelling reasons involving heinous crimes, the Plurality of Crimes
2001." Congress hereafter provides for it. Any death penalty
Penalties
already imposed shall be reduced to reclusion
perpetua. Extinction of Criminal Liability
Inmates of the New Bilibid Prison v. De Lima 2019 En Banc
The employment of physical, psychological, or Civil Liability Ex-Delicto
While R.A. No. 10592 does not define a crime/offense or degrading punishment against any prisoner or
provide/prescribe/establish a penalty as it addresses the detainee or the use of substandard or inadequate A Felonies
rehabilitation component of our correctional system, its penal facilities under subhuman conditions shall be Revised Penal Code, Art. 3
provisions have the purpose and effect of diminishing the dealt with by law.
punishment attached to the crime. The further reduction Criminal Liability
on the length of the penalty of imprisonment is, in the Estipona, Jr. v. Lobrigo 2017 En Banc Impossible Crime
ultimate analysis, beneficial to the detention and re Plea-bargaining
convicted prisoners alike; hence, calls for the application
Concurring opinion of Leonen, J. Gravity of Felonies: Grave, Less Grave, and
Light
of Article 22 of the RPC. The prohibition found in Section 23 is unconstitutional
Section 4, Rule 1 of the Implementing Rules and not only because it contravenes the rule-making power of Stages of Execution

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 10 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Duty of the Courts in case of 4. The law punishing them — Felonies, offenses and 2. Intelligence;
Non-Punishable Act and Excessive Penalty infractions.
3. Intent.
Suppletory Application of the Revised Penal Criminal Liability For culpa, instead of intent, accused is imprudent,
Code 1
Revised Penal Code, Art. 4(1) negligent or lacks foresight or skill while doing the act.

ART 3. Definitions. — Acts and omissions ART 4. Criminal liability. — Criminal liability shall Sevilla v. People 2014
punishable by law are felonies (delitos). be incurred:
Quasi-offenses under Article 365 of the RPC are distinct
Felonies are committed not only by means of deceit 1. By any person committing a felony (delito) and separate crimes and not a mere modality in the
(dolo) but also by means of fault (culpa). although the wrongful act done be different commission of a crime. Thus, the proper designation of
from that which he intended. the felony should be reckless imprudence resulting to
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful Modes of committing crimes falsification of public documents and not falsification of
act results from imprudence, negligence, lack of public documents through reckless imprudence.
1. Dolo.
foresight, or lack of skill. Reckless imprudence resulting to falsification of public
a. Deceit or criminal intent.
Elements of felonies documents is an offense that is necessarily included in the
b. Act performed with deliberate intent. willful act of falsification of public documents, the latter
1. There must be an act or omission; being the greater offense. As such, he can be convicted of
c. There must be a confluence of both an evil act
2. Such must be punishable by the RPC; and and an evil intent. Actum non facit reum, nisi mens reckless imprudence resulting to falsification of public
sit rea. documents notwithstanding that the Information only
3. Such is performed or incurred by means of dolo or
culpa. charged the willful act of falsification of public
2. Culpa.
documents.
According to a. Fault.
1. Gravity — grave, less grave, light; b. Wrongful acts result from imprudence,
negligence, lack of foresight, or lack of skill. People v. Pugay
2. Mode of commission — Intentional and culpable;
3. Their nature — Mala in se and mala prohibita; Requisites of Dolo The next question to be determined is the criminal
responsibility of the accused Pugay. Having taken the can
1. Freedom;
from under the engine of the ferris wheel and holding it

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 11 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

before pouring its contents on the body of the deceased, c. To determine the aggressor when self-defense is the creek.
this accused knew that the can contained gasoline. The invoked; Under these circumstances, we are convinced that the
stinging smell of this flammable liquid could not have petitioner, in stabbing, beating and stoning the victim,
d. To determine specific nature of the crime, i.e.
escaped his notice even before pouring the same. Clearly, intended to kill him.
murder in furtherance of rebellion.
he failed to exercise all the diligence necessary to avoid
every undesirable consequence arising from any act that Serrano v. People 2010
may be committed by his companions who at the time Rivera, et al v. People
were making fun of the deceased. Thus, the accused is Intent to kill is a state of mind that the courts can discern
only guilty of homicide through reckless imprudence only through external manifestations, i.e., acts and Intent to kill is a specific intent which the prosecution
defined in Article 365 of the RPC. (should have been conduct of the accused at the time of the assault and must prove by direct or circumstantial evidence, while
reckless imprudence resulting to homicide) immediately thereafter. general criminal intent is presumed from the commission
of a felony by dolo.
In Rivera v. People, the Court considered the following
Kinds of criminal intent factors to determine the presence of an intent to kill: In the present case, the prosecution mustered the
1. General. Presumed from the commission of a felony requisite quantum of evidence to prove the intent of
1) the means used by the malefactors;
by dolo. petitioners to kill Ruben. Esmeraldo and Ismael
2) the nature, location, and number of wounds pummeled the victim with fist blows. Even as Ruben fell to
2. Specific. Must be proven by direct or circumstantial sustained by the victim; the ground, unable to defend himself against the sudden
evidence.
3) the conduct of the malefactors before, at the time, and sustained assault of petitioners, Edgardo hit him
Motive is the reason or compelling force why the accused or immediately after the killing of the victim; and three times with a hollow block. Edgardo tried to hit
committed the acts complained of. Criminal intent is the Ruben on the head, missed, but still managed to hit the
4) the circumstances under which the crime was
purpose of the accused in adopting the particular means to victim only in the parietal area, resulting in a lacerated
committed and the motives of the accused.
achieve his objective. wound and cerebral contusions.
Here, the petitioner used a knife in his assault. The
However, motive may be inquired into in some instances: That the head wounds sustained by the victim were merely
petitioner stabbed the victim in the abdomen while the
a. Where the identity of offender is in question; superficial and could not have produced his death does
latter was held by Gener and Orieta. Immediately after the
not negate petitioners' criminal liability for attempted
b. To determine voluntariness of the act, or whether it stabbing, the petitioner, Gener and Orieta beat and stoned
murder.
was intentionally done; the victim until he fell into a creek. A reasonable inference
can be made that the victim was left for dead when he fell into

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 12 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Mistake of fact People v. Gervero 2018 Both must thus exist and be proven in court before a
There is NO liability for mistake of fact. The requisites are: As early as in the case of People v. Oanis and Galanta, the person may be convicted of violating Section 5(i) of R.A.
Court has ruled that mistake of fact applies only when the 9262.
1. The act done would have been lawful had the act
been as the accused believed them to be; mistake is committed without fault or carelessness. See also XXX256611 v. People 2022

2. The intention in performing the act should be a. Actus reus and mens rea; Objective and
lawful; and subjective elements Garma v. People 2022
3. The mistake of fact was NOT due to negligence, bad
Acharon v. People 2021 En Banc Like any other crime defined by The Revised Penal Code,
faith or unlawful intent of the accused. The accused
grave threats must have an actus reus and mens rea.
must have no opportunity to verify his mistake. Actus reus pertains to the external or overt acts or
omissions included in a crime's definition while mens rea 1. The actus reus is the actual speaking or uttering of
Yapyuco v. Sandiganbayan 2012 refers to the accused's guilty state of mind or criminal the threats of, say, death or serious bodily harm.
In the context of criminal law, a “mistake of fact” is a intent accompanying the actus reus. 2. The mens rea is that the accused intends that the
misapprehension of a fact which, if true, would have It is not enough for the woman to experience mental or recipient of their words to feel intimidated by their
justified the act or omission which is the subject of the emotional anguish, or for her partner to deny financial words or that the accused intended the words to be
prosecution. Generally, a reasonable mistake of fact is a support that is legally due her. In order for criminal taken seriously.
defense to a charge of crime where it negates the intent liability to arise under Section 5(i) of R.A. 9262, insofar as The test of mens rea is whether a reasonable person would
component of the crime. it deals with "denial of financial support," there must, consider the utterance as threats by regarding the
A proper invocation of this defense requires therefore, be evidence on record that the accused willfully utterance objectively and reviewing it in light of the
or consciously withheld financial support legally due the circumstances in which they were uttered, the manner in
a) that the mistake be honest and reasonable; woman for the purpose of inflicting mental or emotional which they were spoken, the person to whom they were
b) that it be a matter of fact; and anguish upon her. In other words, addressed, the relationship between the accused and the
c) that it negates the culpability required to commit 1. the actus reus of the offense under Section 5(i) is complainant, and the recipient's reaction to the accused's
the crime or the existence of the mental state the willful denial of financial support, while words.
which the statute prescribes with respect to an But whether the recipient of a threat takes the threat
2. the mens rea is the intention to inflict mental or
element of the offense. emotional anguish upon the woman. seriously is not, in and of itself, an element of the mens rea
of the accused, though it is relevant to the extent that it

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 13 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

assists in understanding the accused's intention in intended.

Definition Effect as to penalty
speaking the words at issue.
As no sufficient evidence appears in the record
Aberratio Mistake in blow; Art 48 on complex crime establishing any qualifying circumstances, Samson is only
b. Aberratio ictus, error in personae, and guilty of the crime of homicide defined and penalized in
ictus at least 2 victims may apply
praeter intentionem
Article 249 of the RPC.
Accused is still liable under the following circumstances: Art 49 applies — if the
1. Praeter intentionem. — Injury caused is greater than penalty for the crime
what was intended; Mistake in intended be different People v. Umawid
Error in re aberratio ictus
identity; only from that committed, the
Any person may be held liable for an intentional personae
one victim lesser penalty shall be Maureen’s death is a case of aberratio ictus, given that the
felony although the wrong done is not intended by
imposed in its MAX fatal blow therefor was only delivered by mistake as it was
him, if:
period actually Vicente who was Umawid’s intended target. In
a. he has committed an intentional felony; this regard, Umawid’s single deed actually resulted in the:
b. the wrong done or injury caused is the (a) Attempted Murder of Vicente; and (b) Consummated
direct, natural or logical consequence of the People v. Pugay Murder of Maureen. This may be classified as a species of
re praeter intentionem complex crime defined under Article 48 of the RPC,
felony committed; OR
As for Samson, there is adequate evidence showing that particularly, a delito compuesto, or a compound crime
if the intentional felony committed is the
his act was merely a part of their fun-making that where a single act produces two (2) or more grave or less
proximate cause of the injury or damage
evening. His act, however, does not relieve him of criminal grave felonies.
incurred by the victim.
responsibility. Burning the clothes of the victim would
2. Aberratio ictus. — Miscarriage of the blow; cause at the very least some kind of physical injuries on his
3. Error in personae. — Mistake in identity. person, a felony defined in the RPC. If his act resulted People v. Adriano 2015
into a graver offense, as what took place in the instant Bulanan, who was merely a bystander, was killed by a stray
Definition Effect as to penalty case, he must be held responsible therefor. bullet.
Article 4 of the RPC provides that criminal liability shall be Nonetheless, Adriano is guilty of the death of Bulanan
Lack of intent to
Praeter incurred by any person committing a felony although the
commit so grave Mitigating circumstance under Article 4 of the Revised Penal Code, pursuant to the
intentionem wrongful act done be different from that which he
a wrong doctrine of aberratio ictus, which imposes criminal

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 14 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

liability for the acts committed in violation of law and for Cruz y Basco v. People 2020 the original wrong and the injury. (Nacino v.
all the natural and logical consequences resulting Ombudsman 2019 En Banc)
Cruz committed an intentional felony when he fired
therefrom.
multiple shots at Bernardo. The death of Torralba, who People v. Lalap 2021
Although Bulanan's death was by no means deliberate, we was hit by one of those bullets intended for Bernardo, is a
In Quinto v. Andres, the Court discussed that a person
shall adhere to the prevailing jurisprudence pronounced direct, natural, and logical consequence of said
in People v. Flora, where the Court ruled that treachery may committing a felony is criminally liable for all the natural
intentional felony. The death of Torralba is an example of
be appreciated in aberratio ictus. and logical consequences resulting therefrom unless there
aberratio ictus.
was an efficient intervening active force that intervened
between the felony committed and the resulting injury.
c. Proximate Cause and Efficient Intervening
People v. Bendecio 2020 Cause If a person inflicts a wound with a deadly weapon in such
a manner as to put life in jeopardy and death follows as a
As for Jonabel's death, what happened to this seven That cause, which, in natural and continuous sequence,
consequence of their felonious act, it does not alter its
(7)-year-old was a clear case of aberratio ictus or mistake in unbroken by any efficient intervening cause, produces
nature or diminish its criminality to prove that other
the blow. the injury, and without which the result would not have
causes cooperated in producing the factual result. The
occurred.
Under the doctrine of aberratio ictus, as embodied in offender is criminally liable for the death of the victim if
Article 4 of the RPC, criminal liability is imposed for the The felony is NOT the proximate cause of the resulting his delictual act caused, accelerated or contributed to the
acts committed in violation of law and for all the natural injury when: death of the victim.
and logical consequences resulting therefrom. Thus, while a. There is an active force that intervened between Here, while the immediate cause of the victim's death as
it may not have been appellant's intention to shoot the felony and the injury, and the active force is reflected in the Medical Certificate is cardiorespiratory
Jonabel, this fact alone will not exculpate him of his a distinct act or fact absolutely foreign from the arrest, the stab wound that accused-appellant inflicted on
criminal liability. act of the accused. the vital part of the victim's body is the proximate cause
Notably, the qualifying circumstance of treachery b. The injury is due to the intentional act of the of the victim's death. The stab wound is the cause which in
attended Jonabel's killing. Although appellant did not victim. Contributory negligence. the natural and continuous sequence, unbroken by an
intend to kill Jonabel, treachery may still be appreciated efficient intervening cause, produces the victim's death,
in aberratio ictus, pursuant to the Court's ruling in People v. An efficient intervening cause is the new and
and without which the result would not have occurred.
Flora. independent act which itself is a proximate cause of an
Logically, there is a rational connection between the act of
injury and which breaks the causal connection between
accused-appellant stabbing the victim and the resulting

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 15 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

death. Without the stab wound, the victim could not have 2. Death may be expected from the injuries inflicted; As to the alleged miscarriage or incomplete abortion, the
been hospitalized and later died therefrom. allegedly exculpatory testimony of Dr. Diaz, or even the
3. Death ensued within a reasonable time.
complete disregard of any evidence surrounding such fact
Moreover, there is no evidence that an efficient
intervening active force, not connected with or absolutely Ombudsman v. Gatchalian 2021 does not lead to petitioner Dinamling's acquittal. The fact
of AAA's miscarriage or incomplete abortion is not
foreign to the stab wound, intervened during the nine-day The proximate cause of the fire which resulted to the death
period which could have caused the victim's death. Thus, essential to proving the elements of the crime, unless it is
and injury of the victims was the stockpiling of 400 sacks alleged to have caused mental or emotional suffering. It is
even if there was another factor but such is not an efficient or ten tons of Supercell Blowing Agent known as
intervening cause, accused-appellant is still criminally not among the crime's elements. In fact, it is not abortion
Azodicarbonamide, in an area not intended for such but the mere fact of pregnancy of the victim at the time of
liable for the death of the victim because his act of storage and adjacent to the welding activities near the
stabbing the victim accelerated or contributed to the commission which is an aggravating circumstance, not an
stockpile. The molten slags from the welding rod came element, of the offense.
victim's death. The Medical Certificate does not indicate into contact with one of the sacks. There is no direct
the occurrence of any efficient intervening cause which causal connection between the issuance of the business
broke the relation of the felony committed by permit and the fire which resulted to the death and injury
accused-appellant and the resulting death. Gelig v. People 2010
of the victims.
The prosecution's success in proving that Lydia committed
NOT efficient intervening causes On the other hand, there is no showing that Kentex was
the crime of direct assault does not necessarily mean that
given undue advantage, preference or any unwarranted
1. Weak or diseased physical condition of victim; the same physical force she employed on Gemma also
benefits. It is not shown that with respect to Kentex, the
2. Nervousness or temperament of victim; resulted in the crime of unintentional abortion.
LGU of Valenzuela deviated from the procedures applied
3. Causes inherent in the victim, i.e. victim not knowing to other business establishments. It is worth stressing that Gemma was admitted and
how to swim; confined in a hospital for incomplete abortion on August
In relation to undue injury in Section 3 (e) of R.A. No.
28, 1981, which was 42 days after the July 17, 1981 incident.
4. Neglect of victim or third person; 3019, there is no direct causal relation between the death
This interval of time is too lengthy to prove that the
and the physical injuries sustained by the victims and the
5. Erroneous or unskillful treatment; discharge of the fetus from the womb of Gemma was a
alleged negligence committed by respondents in issuing
6. Delay in the medical treatment of victim. direct outcome of the assault.
the business permits.
Death of victim is presumed to be the natural consequence
of physical injuries inflicted
Novicio v. People
Dinamling v. People 2015
1. The victim was in normal health;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 16 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

If the victim dies as a result of a deliberate act of the 3. Its accomplishment is inherently impossible, or his control prevent the consummation of the intended
malefactors, intent to kill is presumed. It is petitioner's that the means employed is either inadequate or crime. One example is the man who puts his hand in the
postulation that the lone gunshot wound of Mario does ineffectual; coat pocket of another with the intention to steal the
not establish intent to kill. However, the number of wounds latter's wallet and finds the pocket empty. The case at bar
4. The act performed should not constitute a violation
inflicted is not the sole consideration in proving intent to kill. belongs to this category.
of another provision of the RPC.
This Court has repeatedly held that if the victim's wound
NB: There is NO attempted or frustrated impossible crime.
would normally cause death, then the last act necessary
People v. Callao 2018
to produce homicide would have been performed and Intod v. CA and People
death would have resulted were it not for the timely Hesson argues that he should only be convicted of
There must be either
medical attention given to the victim. committing an impossible crime. Allegedly, he cannot be
1) legal impossibility, or held liable for Murder because it was legally impossible for
2) physical impossibility of accomplishing the him to kill Fernando as the latter was already dead when
Hesson stabbed him.
Impossible Crime intended act in order to qualify the act as an
2
Revised Penal Code, Art. 4(2) impossible crime. However, the victim's fact of death before he was stabbed
Legal impossibility would apply to those circumstances by Hesson was not sufficiently established by the defense.
ART 4. Criminal liability. — Criminal liability shall
where More importantly, even assuming that it was Junello who
be incurred: xxxx
killed Fernando and that the latter was already dead when
2. By any person performing an act which would 1) the motive, desire and expectation is to perform an he was stabbed by Hesson, Hesson is still liable for murder
be an offense against persons or property, act in violation of the law; because of the clear presence of conspiracy between
were it not for the inherent impossibility of its 2) there is intention to perform the physical act; Hesson and Junello. Hesson's defense of impossible crime
accomplishment or an account of the is thus completely unavailing.
3) there is a performance of the intended physical act;
employment of inadequate or ineffectual
and
means.
4) the consequence resulting from the intended act
Requisites Gravity of Felonies: Grave, Less Grave,
does not amount to a crime.
3 and Light
1. The act performed would be an offense against Revised Penal Code, Art. 9, as amended by R.A. No.
On the other hand, factual impossibility occurs when
persons or property; 10951
extraneous circumstances unknown to the actor or beyond
2. Act done with evil intent;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 17 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

ART 9. Grave felonies, less grave felonies and light When light felonies are punishable The determination of whether a crime is frustrated or
felonies. — consummated necessitates an initial concession that all
GR: Light felonies are punishable only when
of the acts of execution have been performed by the
1. Grave felonies are those to which the law consummated.
offender.
attaches the capital punishment or penalties EXC: Those committed against persons or property,
which in any of their periods are afflictive, in even if attempted or frustrated. e.g. Slight The critical distinction instead is whether the felony
accordance with Article 25 of this Code. physical injuries and maltreatment (266); Art itself was actually produced by the acts of execution.
309, nos. 7 and 8; Alteration of boundary marks The determination of whether the felony was "produced"
2. Less grave felonies are those which the law
(313); Malicious mischief (328 and 329, no. 3). after all the acts of execution had been performed hinges
punishes with penalties which in their
on the particular statutory definition of the felony.
maximum period are correctional, in
a. Subjective Phase and Objective Phase
accordance with the abovementioned article How to determine the stage of the crime
Each felony under the RPC has
3. Light felonies are those infractions of law for 1. Nature of the offense;
1. a "subjective phase," or that portion of the acts
the commission of which the penalty of 2. Elements constituting the felony;
constituting the crime included between the act
arresto menor or a fine not exceeding Forty
which begins the commission of the crime and 3. Manner of committing same —
thousand pesos (P40,000) or both is provided.
the last act performed by the offender which, a. Formal Crimes — Consummated in one instant,
with prior acts, should result in the no attempt. e.g. slander, false testimony, sale of
Stages of Execution
consummated crime. prohibited drugs.
Subjective Phase and Objective Phase
2. After that point has been breached, the b. Crimes consummated by mere attempt or proposal
Preparatory and Overt Acts subjective phase ends and the objective phase or by overt act e.g. Flight to enemy’s country (121),
4
begins. corruption of minors (340), Treason.
Attempted, Frustrated, and
Consummated Stages It has been held that if the offender never passes the c. Felony by omission no attempted stage
subjective phase of the offense, the crime is merely
Spontaneous Desistance d. Crimes requiring the intervention of two person
attempted.
to commit them are consummated by mere
ART 6. Consummated, frustrated, and attempted
On the other hand, the subjective phase is completely agreement e.g. betting in sport contests (197),
felonies. — Consummated felonies as well as those
passed in case of frustrated crimes, for in such corruption of public officer (212)
which are frustrated and attempted, are punishable.
instances, "subjectively the crime is complete."

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 18 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

e. Material crimes. There are THREE stages of constitute the last proximate one for completion. It is the frustrated stage of rape can ever be committed.
execution. necessary, however, that the attempt must have a causal
As this Court explained in People v. Orita, rape is either
relation to the intended crime. In the words of Viada, the attempted or consummated. There can be no frustrated
When felonies do not have stages
overt acts must have an immediate and necessary relation rape.
1. If punished under SPL; to the offense.
2. By omission; Applying the foregoing to rape cases, the Court, in People v.
3. Formal crimes, e.g. physical injuries. Bonaagua, declared that the slightest penetration by the Baleros v. People
male organ or even its slightest contact with the outer lip
Felonies without frustrated stage The attempt which the Penal Code punishes is that which
or the labia majora of the vagina already consummates the
1. Theft; has a logical connection to a particular, concrete offense; that
crime of rape. In People v. Arce, Jr., the Court found the
which is the beginning of the execution of the offense by
2. Rape. accused guilty of attempted rape only, owing to the failure
overt acts of the perpetrator, leading directly to its
of the victim to declare a slightest penetration into her
b. Preparatory and Overt Acts realization and consummation.
vagina, which was necessary to consummate rape.
It would be too strained to construe petitioner's act of
People v. Manuel 2020
pressing a chemical-soaked cloth in the mouth of Malou
An overt or external act is defined as some physical Valenzuela v. People and Canceran v. People 2015 which would induce her to sleep as an overt act that will
activity or deed, indicating the intention to commit a logically and necessarily ripen into rape. As it were,
particular crime, more than a mere planning or Is there a frustrated stage in theft? petitioner did not commence at all the performance of any
preparation, which if carried out to its complete NO. Theft cannot have a frustrated stage. Theft can only act indicative of an intent or attempt to rape Malou.
termination following its natural course, without being be attempted or consummated.
frustrated by external obstacles nor by the spontaneous
desistance of the perpetrator, will logically and necessarily People v. Gonzalez
ripen into a concrete offense. People v. Aca-ac The (specific criminal intent) intent to kill determines
It is necessary that the overt act should have been the Necessarily, rape is attempted if there is no penetration of whether the crime committed is physical injuries or
ultimate step towards the consummation of the design. It the female organ because not all acts of execution were homicide. Such intent is made manifest by the acts of the
is sufficient if it was the "first or some subsequent step in performed. Taking into account the nature, elements and accused which are undoubtedly intended to kill the victim.
a direct movement towards the commission of the offense manner of execution of the crime of rape and For evident lack of criminal intent to kill the complainant,
after the preparations are made." The act done need not jurisprudence on the matter, it is hardly conceivable how

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 19 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the information for attempted homicide must fail. Petitioner already commenced his attack with a manifest 1. The offender commences the commission of
Considering the nature and location of their injuries and intent to kill by shooting private complainant seven times, the felony directly by overt acts;
the number of days required for their treatment, we find but failed to perform all the acts of execution by reason of
a. That there be external acts;
that the crime committed for the injuries sustained by the causes independent of his will, that is, poor aim and the
children are two counts of slight physical injuries under swiftness of the latter. Private complainant sustained a b. Such external acts have direct
Art. 266. wound on the left arm that is not sufficient to cause his connection with the crime intended to
death. The settled rule is that where the wound inflicted be committed.
on the victim is not sufficient to cause his death, the 2. He does NOT perform all the acts of
People v. Labiaga 2013 crime is only attempted murder, since the accused did not execution which should produce the felony;
perform all the acts of execution that would have brought
Appellant should be convicted of attempted murder, and 3. The offender's act be NOT stopped by his own
about death.
not frustrated murder. spontaneous desistance;

In frustrated murder, there must be evidence showing that c. Attempted, Frustrated, and Consummated 4. The non-performance of all acts of execution
the wound would have been fatal were it not for timely Stages was due to cause or accident other than his
medical intervention. If the evidence fails to convince the spontaneous desistance.
A felony is consummated when all the elements
court that the wound sustained would have caused the necessary for its execution and accomplishment are
victim’s death without timely medical attention, the Frustrated Attempted
present;
accused should be convicted of attempted murder and not has performed all the
frustrated murder. It is frustrated when
acts of execution ✘
In the instant case, it does not appear that the wound 1. the offender performs all the acts of
execution
which should ✔ merely
sustained by Gregorio Conde was mortal. produce the felony as commences
2. which would produce the felony as a a consequence
consequence
cause or
Velasco v. People some cause
3. but which, nevertheless, do not produce it accident other
Having commenced the criminal act by overt acts but reason for independent of
4. by reason of causes independent of the will of than the
failing to perform all acts of execution as to produce the non-accomplishment the will of the
the perpetrator. offender's own
felony by reason of some cause other than his own perpetrator
spontaneous
desistance, petitioner committed an attempted felony. There is an attempt when

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 20 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Frustrated Attempted and in cases of excessive penalties. — Whenever a court

Here, Gutierrez was hit by a samurai and then ganged up has knowledge of any act which it may deem proper
desistance on by the rest of his aggressors, including petitioner. to repress and which is not punishable by law, it shall
Although petitioner and his fellow malefactors were able render the proper decision, and shall report to the
to hit Gutierrez on the different parts of his body, they Chief Executive, through the Department of Justice,
suddenly stopped and fled. Thus, the crime committed by the reasons which induce the court to believe that
petitioner cannot be attempted murder, for he and his said act should be made the subject of legislation.
fellow malefactors spontaneously desisted from
performing further acts that would result in Gutierrez's In the same way, the court shall submit to the Chief
death. Executive, through the Department of Justice, such
Thus, the Court holds that the elements of attempted statement as may be deemed proper, without
felony were not present in this case because petitioner and suspending the execution of the sentence, when a
his fellow malefactors voluntarily and spontaneously strict enforcement of the provisions of this Code
stopped or desisted — an element that removed the crime would result in the imposition of a clearly excessive
from the contemplation of attempted felony. penalty, taking into consideration the degree of
Nevertheless, petitioner remains liable for serious physical malice and the injury caused by the offense.
injuries. The spontaneous desistance of malefactors
d. Spontaneous Desistance Nieto and Vicente v. People 2021
exempts them from criminal liability for the intended
Peñaranda v. People 2021 crime, but it does not exempt them from the crime The Court affirmed the conviction of petitioners for
committed by them before their desistance. violating Section 68 (now Section 77) of PD No. 705, as
If the malefactors do not perform all the acts of execution amended, otherwise known as Revised Forestry Code.
by reason of their spontaneous desistance, they are not The Court sympathized with the plight of petitioners who
guilty of an attempted felony. Duty of the Courts in case of were merely following orders and were consequently
The desistance may be through fear or remorse. It is not Non-Punishable Act and Excessive caught in possession of the lumber, but the law must still
5
necessary that it be actuated by a good motive. The RPC Penalty be applied. Dura lex sed lex. However, considering the facts
requires only that the discontinuance of the crime comes Revised Penal Code, Art. 5 surrounding petitioners' participation in the crime and
from the persons who have begun it, and that they stop of ART 5. Duty of the court in connection with acts which guided by jurisprudence on instances when the facts of
their own free will. should be repressed but which are not covered by the law, the crime elicited the Court's compassion for the accused,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 21 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the Court recommended executive clemency pursuant to the aforestated incongruence of penalties, all with the
Third. Lack of sufficient provocation on the part of the
Article 5 of the RPC. hope of arriving at the proper solution to this
person defending himself.
predicament.
1) There is unlawful aggression when the peril to one’s
Cahulogan v. People 2018 life, limb or right is either actual or imminent.
While PD 1612 penalizes those who acquire properties Circumstances Affecting Criminal 2) A slap on the face is unlawful aggression.
B
which are proceeds of Robbery or Theft, its prescribed Liability
3) A strong retaliation for an injury or threat may
penalties are similar to the latter crime in that they are amount to an unlawful aggression.
largely dependent on the value of the said properties. Justifying Circumstances
4) The killing of the deceased by the defendant be
However, with the recent enactment of Republic Act No. Exempting Circumstances
simultaneous with the attack made by the former, or
10951, which adjusted the values of the property and Mitigating Circumstances at least both acts succeeded each other without
damage on which various penalties are based, the appreciable interval of time. The accused must have no
graduation of values in Article 309 was substantially Aggravating Circumstances
time nor occasion for deliberation and cool thinking.
amended, without any concomitant adjustment for PD Alternative Circumstances
1612. This development would then result in instances 5) A public officer exceeding his authority may become
where a Fence, which is theoretically a mere accessory to Absolutory causes an unlawful aggressor.
the crime of Robbery/Theft, will be punished more 6) When the aggressor flees, unlawful aggression no
Justifying Circumstances
severely than the principal of such latter crimes. This 1 longer exists. However, if the purpose of the retreat
Revised Penal Code, Art. 11
incongruence in penalties therefore, impels an adjustment was for the aggressor to take a more advantageous
of penalties. Self-defense position to insure the success of the attack already begun by
As the Court remains mindful of the fact that the Anyone who acts in defense of his person or rights, him, the unlawful aggression is considered still
determination of penalties is a policy matter that belongs provided that the following circumstances concur; continuing, and the one making a defense has a right
to the legislative branch of the government, it finds it
prudent to instead, furnish both Houses of Congress, as
First. Unlawful aggression. ⭐ to pursue him in his retreat and to disable him.
7) No unlawful aggression when there is agreement to
well as the President of the Republic of the Philippines, Second. Reasonable necessity of the means employed fight. The challenge to fight must be accepted.
through the Department of Justice, pursuant to Article 5 to prevent or repel it. However, if the aggression occurred ahead of the
of the RPC, copies of this ruling in order to alert them on agreed time and place of the fight, it is unlawful.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 22 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

8) A mere threatening or intimidating attitude, not pigeonholed to scenarios where there are dangerous weapons
5.1. actual or material unlawful aggression.—
preceded by an outward and material aggression, is involved. Persistent, reckless, and taunting fist blows can equally means an attack with physical force or with a
not unlawful aggression, because it is required that cause grave danger and harm. To a discriminating mind, the weapon, an offensive act that positively
the act be offensive and positively strong, showing the imminence of unlawful aggression is obscured by the instinct of determines the intent of the aggressor to
wrongful intent of the aggressor to cause injury. self-preservation. This is particularly true in the case of a laborer cause the injury; and
9) The person defending himself cannot be expected to who, while doing a strenuous job, was suddenly boxed by a drunk
person for no apparent reason. 5.2. imminent unlawful aggression.— means an
think clearly so as to control his blow.
attack that is impending or at the point of
10) The measure of rational necessity is to be found in WON Rulie is guilty of Homicide. happening; it must not consist in a mere
the situation as it appeared to the person defending 1. NO. Rulie is innocent of homicide. threatening attitude, nor must it be merely
at the time when the blow was struck. imaginary, but must be offensive and
2. Rulie admitted killing Noel with his powerful
11) Whether the means employed is reasonable, will positively strong.
punch, but he invoked the justifying circumstance
depend upon of self- defense. Thus, the burden of evidence 6. Senoja v. People instructed that unlawful aggression
a) The nature and quality of the weapon used by the shifted to Rulie to prove self-defense. exists if persons invoking self-defense believe, in
aggressor; What the law requires is rational due exercise of their reason, that their lives or limbs
3. Self-defense requires the following:
equivalence. are in danger, the guilt of the accused
3.1. unlawful aggression on the part of the should]depend upon the circumstances as they
b) His physical condition, character, size and other victim; reasonably appear to the accused.
circumstances, and those of the person
3.2. reasonable necessity of the means employed 7. Here, the RTC and CA failed to recognize the
defending himself;
to prevent or repel such aggression; and presence of unlawful aggression from the
c) And also the place and occasion of the assault. perspective or vantage point of Rulie. Noel was
3.3. lack of sufficient provocation on the part of
12) If the provocation by the person defending himself the person resorting to self-defense. drunk and unruly. His intoxication and physical
is not proximate and immediate to the aggression, violence morphed into a real, imminent, and actual
4. For unlawful aggression to be present, there must
there is self-defense. danger. Noel, at the flashpoint of the incident, was
be a real danger to life or personal safety.
not only inebriated with alcohol, but he was also
Camillo v. People 2023 Lopez, M., J. 5. People v. Nugas discussed that unlawful aggression exuding — and prevailed by — a reckless and
is of two kinds: taunting temperament.
Unlawful aggression manifests in various forms. It cannot be

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 23 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Abuyo v. People 2022 Lopez, M., J. accused must prove that in case the provocation was
8. Unlawful aggression had not ceased when Rulie had
put down the sack of rice. All the eyewitnesses given by the person attacked, that the one making
The law of nature — the "foundation of the privilege to use all
attested that Noel did not stop attacking Rulie after the defense had no part therein.
reasonable means to repel an aggression that endangers one's
the latter put down the first and second sacks of own life and the lives of others" — does not require the accused to 5. For unlawful aggression to be present, there must
rice. Noel was still in a fighting stance until he met use unerring judgment when they had the reasonable grounds to be a real danger to life or personal safety. Anent the
the wrath of Rulie's defense. believe that they were in apparent danger of losing their lives or second requisite, "reasonable necessity of the means
suffering great bodily injury. employed to prevent or repel such aggression"
9. As to the second element, Rulie's defense of using
his fists — and nothing more — is reasonably envisions a rational equivalence between the
WON Leo proved all elements of self-defense. perceived danger and the means employed to repel
necessary to ward off Noel's unlawful aggression.
Rulie inflicted only two blows on Noel's face. 1. YES. Leo is entitled to an acquittal on the grounds the attack. The third requisite of "lack of sufficient
of self-defense and defense of relative. provocation" requires the person invoking
10. Rulie was not committing a felony when he punched self-defense to not have antagonized the attacker.
Noel in self- defense. Therefore, he cannot be liable 2. Leo admitted to be the author of Cesar's death but
for the consequences of his act. invoked the justifying circumstances of self-defense 6. Here, the CA and the RTC held that Leo failed to
and defense of a relative. As such, the burden of prove the second requisite of reasonable necessity of
11. As to the third requisite, Rulie did not sufficiently the means employed.
evidence shifts to Leo to prove these defenses.
provoke Noel. He was just doing his job when he
was suddenly attacked by Noel. They had no proven 3. In self-defense, the following elements must 7. The test is whether the accused's subjective belief as
altercation or misunderstanding that excited Noel concur: to the imminence and seriousness of the danger was
to box Rulie. reasonable or not, and the reasonableness of the
3.1. unlawful aggression on the part of the
accused's belief must be viewed from their
12. Self-defense is a justifying circumstance that victim;
standpoint at the time they acted.
relieves Rulie of criminal and civil liabilities. 3.2. reasonable necessity of the means employed
Although Rulie killed Noel, his act did not violate 8. Here, the Court finds that Leo used reasonable
to prevent or repel such aggression; and
the law. There is no civil liability incurred because means to defend himself and his father. The CA and
3.3. lack of sufficient provocation on the part of the RTC's reasoning that Leo could have grabbed
Rulie acted without criminal intent and there is no
the person resorting to self-defense. Cesar's knife when it fell off, and that Leo could have
crime committed.
4. In defense of a relative, the accused likewise needs escaped and run away is unfathomable to a person
to establish the first two requisites of self-defense. juxtaposed in the same pressing situation. Unlike
In lieu of the third requirement, however, the magistrates, Leo, at the narrow crossroads of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 24 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

survival and death, had no equanimity to think, failed to discharge the burden of proving unlawful
calculate, and make comparisons that can easily be People v. Rubiso aggression.
made in the calmness of reason. Self-defense cannot be justifiably appreciated when
Unlawful aggression is a condition sine qua non for the
9. In sum, the rule is that the reasonable necessity of uncorroborated by independent and competent evidence
justifying circumstance of self-defense. It contemplates
the means employed to repel or prevent the attack or when it is extremely doubtful by itself. The burden of
an actual, sudden and unexpected attack, or imminent
depends upon the imminent danger of injury. evidence is shifted and the accused claiming self-defense
danger thereof, and not merely a threatening or
Cesar's act of attacking Leo and Leonardo with a fan must rely on the strength of his own evidence and not on
intimidating attitude. The person defending himself must
knife was a very real danger to their lives. Charles' the weakness of the prosecution.
have been attacked with actual physical force or with
possession of a gun, which could be fired anytime
actual use of weapon.
during the stabbing commotion, exacerbates the Defense of relatives
danger that lurks on Leo and Leonardo's mortality. It is axiomatic that the mere thrusting of one’s hand into his Any one who acts in defense of the person or rights of his
Leo had to repel the best way he can especially that pocket as if for the purpose of drawing a weapon is NOT spouse, ascendants, descendants, or legitimate, natural
Leonardo, who was already injured, cannot be unlawful aggression. Even the cocking of a rifle without or adopted brothers or sisters, or his relatives by affinity
expected to aid in his defense. aiming the firearm at any particular target is NOT in the same degrees and those consanguinity within the
sufficient to conclude that one’s life was in imminent fourth civil degree, provided that the first and second
danger. requisites prescribed in the next preceding circumstance
People v. Antonio The location and presence of gunshot wounds on the body are present, and the further requisite, in case the
As testified by accused-appellant himself, the deceased of the victim eloquently refute appellant’s allegation of revocation was given by the person attacked, that the one
who was at that time very drunk tried to hit him but self-defense. It is an oft repeated rule that the presence of making defense had no part therein.
missed and fell on the ground. At that point, unlawful a large number of wounds, their location and their
seriousness would negate self-defense. Instead, they Requisites:
aggression ceased and it was no longer necessary for him
to stab the deceased. It was accused-appellant, therefore, indicate a determined effort to kill. 1. Unlawful aggression;
who became the aggressor when he, despite the condition 2. Reasonable necessity of the means employed to
of the deceased, proceeded to stab the latter at the back. prevent or repel it;
His act can no longer be interpreted as an act of People v. Pereira 2021
3. In case the provocation was given by the person
self-preservation but a perverse desire to kill. Hence, he The elements of the justifying circumstance of attacked, the one making the defense had no
cannot successfully claim the benefit of self-defense. self-defense were NOT present. Here, Perreira utterly part therein.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 25 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

1) Relatives that can be defended: (SADS4C) The continuing affinity view maintains that the relationship Fulfillment of duty
a) Spouse; by affinity between the surviving spouse and the kindred Any person who acts in the fulfillment of a duty or in the
b) Ascendants; of the deceased spouse continues even after the death of lawful exercise of a right or office.
the deceased spouse, regardless of whether the marriage
c) Descendants; produced children or not. This is more consistent with the Requisites:
d) Legitimate, natural or adopted Siblings, or language and spirit of Article 332(1) of the RPC. The 1. The accused acted in the performance of a duty
relatives by affinity in the same degrees; fundamental principle in applying and in interpreting OR in the lawful exercise of a right or office;
criminal laws is to resolve all doubts in favor of the
e) Relatives by Consanguinity within the 4th civil 2. The injury caused or the offense committed be
degree. (4C) accused. In dubio pro reo. When in doubt, rule for the
the necessary consequence of the due
accused.
2) The fact that the relative defended gave provocation performance of duty or the lawful exercise of
is immaterial. Defense of strangers such right or office.

People v. Lansang Anyone who acts in defense of the person or rights of a Cabanlig v. Sandiganbayan
stranger, provided that the first and second requisites
The justifying circumstance of defense of a relative can Self-defense and fulfillment of duty operate on different
mentioned in the first circumstance of this Article are
only be raised where there is a concurrence of the principles. Self-defense is based on the principle of
present and that the person defending be not induced by
requisites of unlawful aggression, reasonable necessity of self-preservation from mortal harm, while fulfillment of
revenge, resentment, or other evil motive.
the means employed to repel the aggression and that the duty is premised on the due performance of duty.
person making the defense had no part in the provocation. Requisites: A policeman in the performance of duty is justified in
1. Unlawful aggression; using such force as is reasonably necessary to secure and
detain the offender, overcome his resistance, prevent his
2. Reasonable necessity of the means employed to
Carungcong v. People 2010 escape, recapture him if he escapes, and protect himself
prevent or repel it;
from bodily harm. Unlike in self-defense where unlawful
Article 332 provides for an absolutory cause in the crimes
3. Accused must not be induced by revenge, aggression is an element, in performance of duty,
of theft, estafa and malicious mischief. It limits the resentment or other evil motive. unlawful aggression from the victim is NOT a requisite.
responsibility of the offender to civil liability and frees
him from criminal liability by virtue of his relationship to 1) Any person not included in the enumeration of relatives Fulfillment of Duty was Complete, Killing was Justified
the offended party. that can be defended is considered a stranger.
In this case, Valino was committing an offense in the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 26 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

presence of the policemen when Valino grabbed the M16 1) The greater evil should not be brought about by the natural impulse of any person who has killed someone in
Armalite from Mercado and jumped from the jeep to negligence or imprudence of the actor; nor must it defense of his person or relative is to bring himself to the
escape. The policemen would have been justified in result from a violation of law. authorities and try to dispel any suspicion of guilt that the
shooting Valino if the use of force was absolutely authorities might have against him. Third, petitioner had
2) Only criminal liability is excused, not civil liability.
necessary to prevent his escape. The policemen had the a rather erratic recollection of people and events.
duty not only to recapture Valino but also to recover the Obedience to a lawful order
loose firearm. Any person who acts in obedience to an order issued by a
superior for some lawful purpose. Manaban v. CA
The duty to issue a warning is not absolutely mandated at all
times and at all cost, to the detriment of the life of law In this case, there was no unlawful aggression on the part
Requisites:
enforcers. The directive to issue a warning contemplates of the victim. First, Bautista was shot at the back as
a situation where several options are still available to the 1. That an order has been issued by a superior; evidenced by the point of entry of the bullet. Second, when
law enforcers. In exceptional circumstances such as this 2. Such order must be for some lawful purpose; Bautista was shot, his gun was still inside a locked holster
case, where the threat to the life of a law enforcer is and tucked in his right waist. Third, when Bautista turned
3. The means used by the subordinate to carry out
already imminent, and there is no other option but to use his back at Manaban, Manaban was already pointing his
said order is lawful.
force to subdue the offender, the law enforcer's failure to service firearm at Bautista.
issue a warning is excusable. 3) The subordinate is not liable for carrying out an
Aggression presupposes that the person attacked must
illegal order of his superior, if he is not aware of the
face a real threat to his life and the peril sought to be
Avoidance of a greater evil illegality of the order and he is not negligent.
avoided is imminent and actual, not imaginary.
Any person who, in order to avoid an evil or injury, does
Balunueco v. CA
an act which causes damage to another, provided that the
following requisites are present; In the case at bar, Ricardo utterly failed to adduce Masipequiña v. CA
First. That the evil sought to be avoided actually exists; sufficient proof of the existence of a positively strong act
of real aggression on the part of the deceased Senando. The rule is that the reasonable necessity of the means
Second. That the injury feared be greater than that done employed to repel or prevent the attack depends upon the
to avoid it; First, the fact that three (3) of the assailants suffered
imminent danger of injury, NOT on the harm actually
non-fatal injuries bolsters the fact that Senando tried
Third. That there be no other practical and less harmful done to the accused.
vainly to ward off the assaults of his assailants. Second,
means of preventing it. Ricardo failed to present himself to the authorities. The Thus, that Masipequiña escaped serious injuries does not
necessarily imply that the means he used to repel the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 27 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

attack were unreasonable and excessive. Imbecility or Insanity because there is a complete absence of the power to
discern, or that there is a total deprivation of the
1) An imbecile is one who, while advanced in age, has
will.
a mental development comparable to that of
Exempting Circumstances
2 children 2-7 years of age. 3. To establish insanity, an inquiry into the mental
Revised Penal Code, Art. 12
state of an accused should relate to the period
2) To constitute insanity, there must be complete
the following are exempt from criminal liability: immediately before or at the very moment the
deprivation of intelligence or that there be total
felony is committed.
1. An imbecile or an insane person, unless the latter deprivation of the freedom of the will. During the
lucid interval, the insane acts with intelligence. 4. Here, Oligario failed to establish his mental state,
has acted during a lucid interval.
much less his insanity. Aside from the testimony of
2. A person under 15 years of age. 3) Thus, epilepsy, somnambulism, and malignant
Dr. Evangelista, no other witness testified as to the
malaria are valid defenses. Feeblemindedness and
3. A person over 15 years of age and under 18, unless mental condition of Oligario.
pedophilia, on the other hand, are NOT.
he has acted with discernment, in which case, such 5. Oligario, citing Rafanan and Antonio, argues that
minor shall be proceeded against in accordance with Turalba v. People 2022 Lopez, M., J. even if his insanity cannot completely absolve him
the provisions of Art. 80 of this Code. of criminal liability, it can at least be considered as a
To establish insanity, an inquiry into the mental state of an mitigating circumstance.
4. Any person who, while performing a lawful act with
accused should relate to the period immediately before or at the
due care, causes an injury by mere accident without 6. However, Oligario was charged with violation of RA
very moment the felony is committed.
fault or intention of causing it. No. 6539, a special law, which is not governed by the
WON Oligario properly raised the defense of insanity to free rules of penalties under the RPC. People v. Simon
5. Any person who act under the compulsion of
him form criminal liability. pronounced that there is no suppletory effect of the
irresistible force.
1. NO. Oligario failed to establish insanity. rules for the application of penalties under the RPC
6. Any person who acts under the impulse of an in special laws that impose different penalties from
uncontrollable fear of an equal or greater injury. 2. Insanity is an exempting circumstance. Courts have the RPC.
established a more stringent criterion for insanity
7. Any person who fails to perform an act required by
to be exempting as it is required that there must be
law, when prevented by some lawful insuperable a complete deprivation of intelligence in
cause. People v. Rafanan on insanity
committing the act, i.e., the accused is deprived of
reason, they acted without the least discernment In order that the exempting circumstance of INSANITY

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 28 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

may be taken into account, it is necessary that there be a 2) Periods of criminal responsibility a) that the accused was performing a lawful act
complete deprivation of intelligence in committing the with due care;
a) Absolute irresponsibility 15 years and below;
act, that is,
b) Conditional responsibility 15 years and 1 day - 18 b) that the injury is caused by mere accident; and
1. that the accused be deprived of reason;
years; c) that there was no fault or intent on his part to
2. that there be no responsibi­lity for his own acts; cause the injury.
c) Full responsibility 18 years - 70 years;
3. that he acts without the least discernment;
d) Mitigated responsibility 15 years and 1 day to 18 People v. Leocadio 2023 Lopez, M., J.
4. that there be a complete absence of the power to years, with discernment; over 70 years or senility.
discern, or that there be a total deprivation of Accident presupposes that the act done is lawful. The act of
3) A child in conflict with the law (CCL) is one who at the
freedom of the will. boxing the victim on the chest is unlawful, constituting at least
time of the commission of the offense is below 18
the felony of physical injuries, negating the exempting
Where the accused failed to show complete impairment or years old but not less than 15 years and 1 day old.
circumstance of accident.
loss of intelligence, the Court has recognized at most a
4) Discernment means the capacity of the child at the
mitigating, not an exempting, circumstance in accord with WON the prosecution failed to prove Milo's guilt beyond
time of the commission of the offense to understand
Article 13(9) of the RPC. reasonable doubt.
the differences between right and wrong and the
In previous cases where schizophrenia was interposed as consequences of the wrongful act. 1. NO. Milo is guilty beyond reasonable doubt for the
an exempting circumstance, it has mostly been rejected by crime of rape with homicide.
5) Intent refers to the desired act of the person while
the Court. In each of these cases, the evidence presented
discernment relates to the moral significance that a 2. In rape with homicide, the elements of the
tended to show that if there was impairment of the mental
person ascribes to the said act. component crimes must be established beyond
faculties, such impairment was not so complete as to
reasonable doubt. The prosecution must prove that:
deprive the accused of intelligence or the consciousness of Accident
his acts. Accordingly, we must reject the insanity defense 2.1. the accused had carnal knowledge of the
6) An accident is something that happens outside the
of Rafanan. victim;
sway of our will, and although it comes about
through some act of our will, lies beyond the bounds 2.2. carnal knowledge of the victim was achieved
Minority of humanly foreseeable consequences. by means of force, threat, or intimidation;
RA 9344 as amended by RA 10360 and
7) It is intrinsically contradictory to negligence.
1) A child above 15, but below 18, must have acted 2.3. by reason or on occasion of such carnal
8) The following requisites must concur:
without discernment to be exempt. knowledge by means of force, threat, or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 29 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

means of intimidation or threat, not force or

intimidation, the accused killed the victim. speaks against Milo's alleged lack of intent.
violence. If force or violence is employed, the
3. Milo conceded during trial that he killed AAA but 7. Anent the component crime of rape, sufficient applicable defense is irresistible force.
disavowed criminal liability since it was supposedly circumstantial evidence eloquently show that Milo
11) Duress as a valid defense should be based on real,
accidental. The exempting circumstance of sexually assaulted AAA before killing her.
imminent, or reasonable fear for one’s life or limb and
"accident" is anchored on the complete absence of
8. The Rules of Court allows resort to circumstantial should NOT be speculative, fanciful, or remote fear.
intent or negligence on the part of the accused. evidence provided the following conditions are
12) The compulsion must be of such a character as to
4. It is incumbent upon the accused to prove the satisfied, to wit:
leave no opportunity to the accused for escape or
essential requisites of ACCIDENT as an exempting
8.1. there is more than one circumstance; self-defense in equal combat.
circumstance, namely:
8.2. the facts from which the inferences are
4.1. a person is performing a lawful act; Insuperable cause
derived are proven; and
4.2. with due care; 13) Confessant reveals to a priest of his plan to rebel
8.3. the combination of all the circumstances is
against the government. Under Art 116, it is required
4.3. he/she causes an injury to another by mere such as to produce a conviction beyond
that anyone who knows of such conspiracy must
accident; and reasonable doubt.
report the same. However, due to penitent-priest
4.4. without fault or intention of causing it. 9. Here, none of the prosecution witnesses testified privileged communication, the priest can not be
having seen Milo rape AAA. Yet, the corpus of compelled to report such information.
5. Here, the exempting circumstance of accident is
inapplicable. Foremost, accident presupposes that circumstantial evidence constitutes an unbroken
a) The act of reporting is required under law;
the act done is lawful. However, Milo's act of boxing chain of events pointing to Milo's guilt.
b) The priest fails to do so;
AAA on the chest is unlawful, constituting at least
the felony of physical injuries.
Irresistible force c) His failure was due to a lawful cause, privileged
9) The force must be irresistible to reduce the actor to a communication between him and a penitent.
6. AAA died due to asphyxia by suffocation and was
mere instrument who acts not only without will but
found underneath Milo's bed with a cloth wrapped Resume of Justifying and Exempting
against his will.
around her mouth and nose, and with both hands Circumstances
tied and twisted at her back. Worse, AAA suffered a Uncontrollable fear M = Mitigating
total of 33 injuries and abrasions on different parts 10) This presupposes that a person is compelled to
of her body. Inarguably, the autopsy report loudly commit a crime by another, but the compulsion is by

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 30 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Civil If not Civil If not Civil If not

complete
Requisites complete
Requisites complete
Requisites
Liability Liability Liability

Justifying 1. The evil sought to be avoided actually Imbecility or insanity

exists;
1. Imbecile is exempt in ALL cases;
Self-defense 2. The injury feared be greater than that
✔ M ✔ M 2. Insane is only exempt if he acted not
done to avoid it;
1. Unlawful aggression; during a lucid interval.
3. There be no other practical and less
2. Reasonable necessity of the means
harmful means of preventing it. Minority
✘ M employed to prevent or repel it;
3. Lack of sufficient provocation on the Fulfillment of duty 1. If 15 and below, absolutely exempt;
part of the person defending himself; 2. If above 15 but below 18, conditionally
1. The accused acted in the performance
exempt.
Defense of relatives of a duty or in the lawful exercise of ✔ M
3. Exemption applies only if it can be
such right or office;
1. Unlawful aggression; shown that the minor acted without
2. The injury caused or the offense
2. Reasonable necessity of the means ✘ M discernment.
committed be the necessary
employed to prevent or repel it;
✘ M consequence of the due performance Accident
3. In case the provocation was given by
of duty or lawful exercise of such
the person attacked, the one making a 1. A person is performing a lawful act;
right or office.
defense had no part therein. 2. With due care;
Obedience to a lawful order 3. He causes an accident to another by
Defense of strangers ✘ M
mere accident;
1. An order has been issued by a
1. Unlawful aggression; 4. Without fault or intention of causing
superior;
2. Reasonable necessity of the means it.
2. Such order must be for a lawful
employed to prevent or repel it; ✘ M
✘ M purpose; Compulsion of an irresistible force
3. The person defending be not induced
3. The means used by the subordinate to
by revenge, resentment or other evil 1. The compulsion is by means of physical
carry out said order is lawful.
motive. ✔ ✘ force;
Exempting 2. Such force must be irresistible;
Avoidance of greater evil or State of necessity

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 31 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Civil If not WON the CA erred in not considering in favor of Zuñiga the 4. Provocation. That sufficient provocation or threat on
complete
Requisites
Liability
exempting circumstance of "irresistible force and/or the part of the offended party immediately preceded
3. Such force must come from a third uncontrollable fear of an equal or greater injury." the act.
person.
NO. The exempting circumstance is not availing. 5. Immediate vindication of a grave offense. That the
Impulse of an uncontrollable fear Here, the malefactors had a well-hatched plan to commit act was committed in the immediate vindication of
the crime of robbery with homicide and that Zuñiga was a grave offense to the one committing the felony, his
1. The threat which causes the fear is of an
not only well-aware of every detail thereof but likewise spouse, ascendants, or relatives by affinity within
evil greater than or at least equal to, that
actively participated in its commission. the same degrees.
which he is required to commit;
a) existence of an uncontrollable Zuñiga had every opportunity to escape while they were 6. Passion or obfuscation. That of having acted upon
fear; passing through the cornfields on their way to the Padre's an impulse so powerful as naturally to have
b) the fear must be real and house. He did not perform any overt act to dissociate or produced passion or obfuscation.
✔ M
imminent; detach himself from the conspiracy to commit the felony 7. Voluntary surrender. That the offender had
c) the fear of an injury is greater and prevent the commission thereof. voluntarily surrendered himself to a person in
than or at least equal to that done. authority or his agents, or
2. That it promises an evil of such gravity
Plea of guilty. That he had voluntarily confessed his
and imminence that the ordinary man Mitigating Circumstances
3 guilt before the court prior to the presentation of the
would have succumbed to it. Revised Penal Code, Art. 13
evidence for the prosecution.
Insuperable cause 1. Incomplete Defense. Those mentioned in the 8. Deaf and Dumb, Blind. That the offender is deaf and
1. An act is required by law to be done; preceding chapter, when all the requisites necessary dumb, blind or otherwise suffering some physical
2. A person fails to perform such act; to justify or to exempt from criminal liability in the defect which thus restricts his means of action,
✘ ✘ 3. His failure to perform such act was respective cases are not attendant. defense, or communications with his fellow beings.
due to some lawful or insuperable 2. Mitigating responsibility. That the offender is under 9. Illness. Such illness of the offender as would
cause. eighteen year of age or over seventy years. diminish the exercise of the will-power of the
3. Praeter intentionem. That the offender had no offender without however depriving him of the
intention to commit so grave a wrong as that consciousness of his acts.
People v. Labuguen 2020
committed.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 32 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

10. Analogous. And, finally, any other circumstances of c) Art 64(5). When there are 2 or more mitigating Provocation
a similar nature and analogous to those above circumstances and no aggravating.
6) Any unjust or improper conduct or act by the
mentioned. d) Art 268(3). Voluntary release of person illegally offended party, capable of exciting, inciting, or
detained within 3 days; irritating anyone.
Privileged and ordinary
1) Ordinary or Generic mitigating are those enumerated e) Art 333(3). Abandonment without justification of 7) As to whether a provocation is sufficient depends
in Art 13. For incomplete defense however, in the spouse who committed adultery. upon the act constituting the provocation, the social
Subsection 1, it becomes privileged when majority of standing of the person provoked, the place and time
Incomplete defense
the requisites are present. (Art 69) when the provocation is made.
3) When all the requisites necessary to justify the act or
a) It is susceptible to being offset by any to exempt from criminal liability are not attendant. 8) As an element of self-defense, it pertains to its
aggravating circumstance. absence on the part of the person defending himself;
4) The only instance it becomes privileged mitigating whereas as a mitigating circumstance, it pertains to
b) If not offset, produces only the effect of applying is when a majority of the requisites in self-defense, its presence on the part of the offended party.
the penalty provided by law in its minimum defense of relatives or strangers is present.
period, in case of divisible penalty. 9) It must be immediate to the commission of the
Praeter intentionem crime such that the accused had no time to regain
2) Privileged mitigating are those that cannot be offset
5) It is the intention of the offender at the moment his reason and to exercise self-control.
by any aggravating circumstance. It has the effect of
imposing upon the offender the penalty lower by one when he is committing the crime which is 10) It should not be offensive and positively strong as it
or two degrees than that provided by law. considered. may then be considered as an unlawful aggression
that may give rise to self-defense.
a) Art 68. When the offender is a minor and his People v. Enriquez
case falls under the JJWA, particularly those Immediate vindication of a grave offense
above 15 but below 18, and acts WITH The trial court gave all of the accused the benefit of the
mitigating circumstance that the offenders had no 11) A lapse of time is allowed between the grave offense
discernment.
intention to commit so grave a wrong. The estimation of this and the vindication.
b) Art 69. Not all, but a majority of the requisites of circumstance was proper, and its allowance was not 12) Whether the personal offense is grave must be
justifying or exempting circumstances are inconsistent with the finding that the crime was murder. decided considering the social standing of the person,
present.
the place, the time when the insult was made.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 33 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

13) It is incompatible with passion or obfuscation. They 18) The crime committed must be the result of a sudden Force Physical Not physical
cannot co-exist, except when there are other facts, impulse of natural and uncontrollable fury.
although closely connected. In other words, the Source 3rd person Offender himself
19) It may be built up and strengthen over time until it
cause for each arose from different sets of facts. can no longer be repressed and will ultimately Arise from lawful
Lawful? NO
motivate the commission of the crime. (People v. sentiments
Provocation Vindication
Oloverio 2015)
Also against 20) Considered as ONE mitigating circumstance with
Made towards offender
offender’s relatives Romera v. People
provocation if both arose from one and the same
Offender must An offense need cause. Thrusting his bolo at petitioner, threatening to kill him,
A grave offense and hacking the bamboo walls of his house are, in our
have done not be grave 21) INCOMPATIBLE with the following:
view, sufficient provocation to enrage any man, or stir his
Immediately a. Praeter intentionem; rage and obfuscate his thinking, more so when the lives of
Time lapse Proximate
preceded the act b. Treachery; his wife and children are in danger. Petitioner stabbed the
victim as a result of those provocations, and while
c. Evident premeditation;
Passion or obfuscation petitioner was still in a fit of rage. In our view, there was
14) Mitigating only when the same arose from lawful Provocation Passion or Obfuscation sufficient provocation and the circumstance of passion or
sentiments, and NOT in a spirit of lawlessness or obfuscation attended the commission of the offense.
revenge. Source Offended party Caused by provocation
But, we must stress that provocation and passion or
15) The crime committed by the accused must be Time Immediately obfuscation are not two separate mitigating
Need not be immediate
provoked by prior unjust or improper acts of the lapse preceded the act circumstances. Well-settled is the rule that if these two
injured party. circumstances are based on the same facts, they should be
Effect Loss of reason and self-control of offender treated together as one mitigating circumstance.
16) Exercise of a right or fulfillment of duty is NOT a
proper source of passion or obfuscation. Nonetheless, since the mitigating circumstance of
Irresistible Force Passion or Obfuscation voluntary surrender is also present, Article 64 (5) of the
17) It must be proven that the act which produced
RPC should be applied. The penalty for frustrated
passion or obfuscation took place at a time not far
Kind Exempting Mitigating homicide, pursuant to Article 50 of the RPC, is the penalty
removed from the commission of the crime.
next lower in degree than that prescribed by law for

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 34 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

consummated homicide. necessarily incurred in his search and capture. Manaban v. CA

If none of these two (2) reasons impelled the accused to Voluntary Surrender and Obfuscation
Voluntary Surrender surrender, because his surrender was obviously motivated
Manaban called the police to report the shooting incident.
22) The following elements must be present for more by an intention to insure his safety, his arrest being
When the police arrived, Manaban surrendered his service
voluntary surrender to be appreciated: inevitable, the surrender is not spontaneous. Here,
firearm and voluntarily went with the police to the police
a) the offender has not been actually arrested; accused-appellant willingly went to the police authorities
station for investigation. Thus, Manaban is entitled to the
with Gilbert Sacla only to escape the wrath of private
b) the offender surrendered himself to a person benefit of the mitigating circumstance of voluntary
complainant's relatives who were pursuing him and who
in authority, and, surrender.
appeared to be thirsting for his blood.
c) the surrender must be voluntary, On obfuscation, we find that the facts of the case do not
spontaneous. entitle Manaban to such mitigating circumstance.
People v. Pereira 2021 Manaban admitted shooting Bautista because Bautista
Lumauig v. People 2014 turned around and was allegedly about to draw his gun to
Perreira is also not entitled to the mitigating circumstance shoot Manaban. The act of Bautista in turning around is not
In sentencing petitioner, the Sandiganbayan correctly of voluntary surrender. Here, the barangay authorities unlawful and sufficient cause for Manaban to lose his reason
considered the mitigating circumstance of voluntary had to search for Perreira and go to the place where he fled and shoot Bautista. The defense failed to establish by
surrender. However, it failed to consider the mitigating to. clear and convincing evidence the cause that allegedly
circumstance of return or full restitution of the funds that produced obfuscation.
were previously unliquidated.
Talabis v. People 2020 Plea of guilty
Petitioner is not entitled to the mitigating circumstance of 23) Not mitigating if made on appeal.
People v. Basite
voluntary surrender. But for equitable and humanitarian
24) Plea of guilty to lesser offense than that charged is
A surrender to be voluntary must be spontaneous, considerations, his old age is considered. not mitigating. However, if the information is
showing the intent of the accused to submit himself amended to change the charge to a lesser offense
Owing to petitioner's advanced age, the penalty shall be
unconditionally to the authorities, either because and the accused pleads guilty thereto, it is
imposed in its minimum period pursuant to Article 64(2)
1. he acknowledges his guilt, or of the RPC. mitigating.
2. he wishes to save them the trouble and expense 25) The plea of guilty must be unconditional.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 35 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

26) NOT mitigating in culpable felonies and in crimes incident; but, she may have poor judgment.
WON the prosecution failed to establish the elements of murder
under SPLs.
Mitigating circumstances which are personal to offenders and its qualifying circumstances.
Analogous circumstances Mitigating circumstances which arise 1. YES. John Francis is guilty only of Homicide.
a. Over 60 years with failing sight, similar to
1) From the moral attributes of the offender; or 2. John Francis raises for the first time on appeal that
senility;
treachery and evident premeditation were not
2) From his private relations with the offended
b. Outraged feeling of owner of animal taken for properly alleged in the Informations which deprived
party; or
ransom similar to vindication; him of the right to be informed of the nature and
3) From any other personal cause, the cause of the accusation.
c. Esprit de corps or mass psychology is similar to
passion or obfuscation; Shall only serve to mitigate the liability of the principals, 3. People v. Solar held that it is insufficient for
accomplices, and accessories to whom such prosecutors to indicate in the Information that the
d. Voluntary restitution of property similar to
circumstances are attendant. (Art 62[3]) act supposedly committed by the accused was done
voluntary surrender;
Circumstances which are neither exempting nor 'with treachery' or 'with evident premeditation'
e. Extreme poverty similar to incomplete
mitigating without specifically describing the acts done by the
justification based on state of necessity;
accused that made any or all of such circumstances
1. Aberratio ictus;
f. Testifying for the prosecution similar to plea of present. Yet, the failure of the accused to question
guilty. 2. Mistake in the identity; the Information through a motion to quash or a
3. Entrapment; motion for bill of particulars constitutes a waiver of
People v. Tampus and Montesclaros the defective statement of aggravating and
4. Age of criminal responsibility;
We agree with both the trial and appellate courts in their qualifying circumstances.
5. Performance of righteous action.
appreciation of the mitigating circumstance of illness as 4. Here, the Informations against John Francis were
would diminish the exercise of willpower of Ida without defective absent factual details describing the
People v. Sualog 2022 Lopez, M., J.
depriving her of the consciousness of her acts, pursuant to qualifying circumstances of treachery and evident
Article 13(9). Treachery cannot be appreciated where the prosecution only premeditation. However, John Francis waived such
Dr. Costas testified that Ida was provisionally treated for proved the events after the attack happened, but not the manner defects when he failed to avail of the proper
schizophrenia a few months before the incident. Ida was of how the attack commenced or how the act which resulted in the remedies under procedural rules. Accordingly, the
not totally deprived of intelligence at the time of the victim's death unfolded. qualifying circumstances of treachery and evident

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 36 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

premeditation may be appreciated against John reflect upon the consequences of his act. physical and moral pain. However, the
Francis if proven during trial. infliction of multiple stab wounds upon the
8. Here, there is no evidence as to the period of time
Maglantay family does not denote the
5. In order for treachery to be appreciated, two when John Francis resolved to commit the crime
requirements must be established: and had cool thought and reflection to arrive at a deliberate intention on the part of John
Francis to humiliate them or increase their
calm judgment. April did not testify on this matter
5.1. the victim was in no position to defend suffering.
himself or herself when attacked; and, and even attested that she was unaware of any
quarrel between John Francis and her foster family. 12. Taken together, John Francis is liable only for three
5.2. the assailant consciously and deliberately counts of homicide for failure of the prosecution to
adopted the methods, means, or form of 9. Nighttime could not be appreciated as an
aggravating circumstance absent evidence prove the alleged qualifying circumstances.
one's attack against the victim.
suggesting that John Francis especially sought or 13. The mitigating circumstance of plea of guilt has the
6. Here, treachery should be ruled out for failure of the took advantage of nocturnity to facilitate the following elements, to wit:
prosecution to demonstrate how the accused commission of the crime or conceal his identity as
commenced and executed the attack upon the 13.1. that the offender spontaneously confessed
he stabbed the victims inside their home. his guilt;
victims. April neither saw the commencement of the
assault nor the unfolding of the events that 10. Likewise, abuse of superior strength requires the 13.2. that the confession of guilt was made in
ultimately resulted in the death of the Maglantay purposeful use of excessive force out of proportion open court, that is, before the competent
family. April chanced upon a slim portion or to the means of defense available to the person court that is to try the case; and
momentary episode of the attack. attacked.
13.3. that the confession of guilt was made prior
7. Evident premeditation has the following elements, 11. Neither ignominy nor cruelty attended the to the presentation of evidence for the
viz: commission of the crimes. prosecution.
7.1. the time when the offender determined to 11.1. Ignominy refers to the means employed by 14. All these requisites are present in these cases. Upon
commit the crime; the accused that acids disgrace and obloquy arraignment, John Francis timely pleaded guilty to
to the material injury caused by the crime. all the charges before the trial ensued, or before the
7.2. an act manifestly indicating that the culprit
has clung to his determination; and 11.2. In cruelty, 'it must be shown that the prosecution presented its evidence. Hence, this
accused, for his pleasure and satisfaction, circumstance may be appreciated in favor of John
7.3. a sufficient lapse of time between the caused the victim to suffer slowly and Francis to determine his appropriate penalty.
determination and execution to allow him to painfully as he inflicted on him unnecessary

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 37 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Review of Mitigating Circumstances Requisites Requisites

Requisites of such grave offense. A lapse of time is action, defense, or communications

allowed between the vindication and with his fellow beings.
Not all requisites necessary to justify the act
doing of the grave offense.
or to exempt from criminal liability are 1. The illness of offender must diminish
Incomplete
attendant. 1. There be an act, both unlawful and the exercise of his will-power;
defense Illness
If majority of the requisites are present, sufficient, to produce such a condition of 2. Such illness should not deprive the
privileged, otherwise, ordinary. mind; and offender of consciousness of his acts.
2. Said act which produced the obfuscation
Minor Passion or Similar to any of the mitigating
Above 15 but below 18 years old. was not far removed from the Analogous
(Privileged) obfuscation circumstances.
commission of the crime by a
Senility Offender is over 70 years old considerable length of time, during
which the perpetrator might recover his
There is a notable and evident disproportion Aggravating Circumstances
Praeter normal equanimity. 4
between the means employed to execute the Revised Penal Code, Art. 14
intentionem
criminal act and its consequences. 1. Offender had not been actually arrested.
1. That advantage be taken by the offender of his public
Voluntary 2. He surrendered himself to a person in
1. Must be sufficient; position. (Abuse of public position)
surrender authority or to the latter's agent;
2. Must originate from offended party; and
3. The surrender was voluntary. 2. That the crime be committed in contempt or with
Provocation 3. Must be immediate to the act, i.e., to the insult to the public authorities. (Contempt of or insult
commission of the crime by the person 1. Offender spontaneously confessed his guilt;
to public authorities)
who is provoked. 2. Such was made in open court, before the
Plea of 3. That the act be committed with insult or in disregard
competent court that is to try the case; and
1. There be a grave offense done to the one guilty of the respect due the offended party on account of
3. Such was made prior to the presentation
committing the felony, his spouse, his rank, age, or sex, (Insult to offended party)
Immediate of evidence for the prosecution.
ascendants, descendants, legitimate,
vindication or that is committed in the dwelling of the offended
natural or adopted brothers or sisters, 1. The offender is deaf and dumb, blind or
of a grave Deaf and party, if the latter has not given provocation.
or relatives by affinity within the same otherwise suffering some physical
offense Dumb, (Dwelling)
degrees; defect
Blind
2. The felony is committed in vindication 2. Which thus restricts his means of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 38 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

judgment of another crime embraced in the same without risk to himself arising from the defense
4. That the act be committed with abuse of confidence
or obvious ungratefulness. (Abuse of confidence or title of this Code. which the offended party might make.
obvious ungratefulness) 10. That the offender has been previously punished by 17. That means be employed or circumstances brought
an offense to which the law attaches an equal or about which add ignominy to the natural effects of
5. That the crime be committed in the palace of the
greater penalty or for two or more crimes to which it the act. (Ignominy)
Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their attaches a lighter penalty. (Reiteracion)
18. That the crime be committed after an unlawful
duties, or in a place dedicated to religious worship. 11. That the crime be committed in consideration of a entry. (Unlawful entry)
(Palace of Chief Executive) price, reward, or promise. (Price, reward, or promise)
There is an unlawful entry when an entrance is
6. That the crime be committed in the night time, or in 12. That the crime be committed by means of effected by a way not intended for the purpose.
an uninhabited place, or by a band, whenever such inundation, fire, poison, explosion, stranding of a
19. That as a means to the commission of a crime a wall,
circumstances may facilitate the commission of the vessel or international damage thereto, derailment roof, floor, door, or window be broken. (Breaking
offense. (Nighttime, Uninhabited place,) of a locomotive, or by the use of any other artifice wall, roof, floor, door, or window)
involving great waste and ruin. (Great waste and
Whenever more than three armed malefactors shall 20. That the crime be committed with the aid of persons
have acted together in the commission of an offense, ruin)
under fifteen years of age or by means of motor
it shall be deemed to have been committed by a 13. That the act be committed with evident vehicles, motorized watercraft, airships, or other
band. (Band) premeditation. (Evident premeditation) similar means. (aab RA 5438). (Aid of person under 15,
7. That the crime be committed on the occasion of a 14. That the craft, fraud or disguise be employed. (Craft, Motor vehicle)
conflagration, shipwreck, earthquake, epidemic or fraud, or disguise)
21. That the wrong done in the commission of the crime
other calamity or misfortune. (Calamity)
15. That advantage be taken of superior strength, or be deliberately augmented by causing other wrongs
8. That the crime be committed with the aid of armed means be employed to weaken the defense. (Abuse of not necessary for its commission. (Cruelty)
men or persons who insure or afford impunity. (Aid superior strength)
Kinds
of armed men)
16. That the act be committed with treachery. (Alevosia)
1. Generic — Those that can be applied to all crimes.
9. That the accused is a recidivist. (Recidivist) There is treachery when the offender commits any of
2. Specific — Applies only to particular crimes.
A recidivist is one who, at the time of his trial for one the crimes against the person, employing means,
crime, shall have been previously convicted by final methods, or forms in the execution thereof which 3. Qualifying — Changes the nature of the crime.
tend directly and specially to insure its execution,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 39 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4. Inherent — Must accompany the commission of the Recidivism Reiteracion a) the employment of means of execution gave
crime. the person attacked no opportunity to
Previous and Must NOT be
Included in defend himself or to retaliate; and
subsequent embraced in same
People v. Nabaluna SAME title
offenses title b) the means or method of execution was
The element of treachery cannot simply be presumed. It deliberately and consciously adopted.
must be clearly proven as the crime itself. Always
✔ ✘ 5) The essence of treachery is that the attack is
aggravating
The mere fact that two of the accused, with one of them deliberate and without warning, done in a swift and
being armed with a bolo, does not necessarily constitute unexpected manner, affording the hapless, unarmed
Treachery or alevosia
abuse of superior strength on their part. To take and unsuspecting victim no chance to resist or
1) The settled rule is that treachery can exist even if the
advantage of superior strength, it is imperative that there escape.
attack is frontal, as long as the attack is sudden and
be a showing of purposely using excessive force which is out of unexpected, giving the victim no opportunity to
People v. Bermudo 2018
proportion to the means of defense available to the person repel it or to defend himself.
attacked. Gilberto was completely defenseless at the time of the
2) What is decisive is that the execution of the attack,
Lastly, disregard of old age should not be taken into attack because he was surprised by Rommel with a blow to
without the slightest provocation from an unarmed
account for, as stated in the case of People v. Pagal, it is not the head causing him to fall to the ground. Rommel and
victim, made it impossible for the victim to defend
proper to consider this aggravating circumstance in crimes co-accused continued to attack him causing him multiple
himself or to retaliate.
against property. Robbery with homicide is primarily a injuries, including the fatal ones. Gilberto was never in a
3) There is treachery when the offender commits any of position to defend himself. Further, Rommel and his
crime against property and not against persons.
the crimes against persons, employing means, co-accused consciously adopted the means of attack
methods or forms in the execution thereof, which because, as noted by the CA, they were already armed
Recidivism vs. Reiteracion
tend directly and specially to ensure its execution when they proceeded to the crime scene. In addition, it is
Recidivism Reiteracion without risk to himself arising from the defense that noteworthy that Rommel suddenly, without warning or
the offended party might make. provocation, attacked Gilberto from behind.
As to 1st offense, Been adjudged Served out the
offender shall have with finality sentence 4) There are two (2) conditions that must concur for
treachery to exist, to wit:
People v. Bagabay 2018

It is not enough that the attack was "sudden,"

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 40 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

"unexpected," and "without any warning or provocation." Information in order not to violate the accused's categorically identified Santiago as having shot Artemio,
There must also be a showing that the offender consciously constitutional right to be properly informed of the nature Sr. suddenly and without any provocation at all, hitting
and deliberately adopted the particular means, methods and cause of the charge against him. the victim at the back.
and forms in the execution of the crime which tended
Here, the Information against Alegre is defective insofar The fact that Santiago was positioned at a particular
directly to insure such execution, without risk to himself.
as it merely averred the existence of the qualifying offense location and particular time while holding a rifle, showed
of treachery without specifying the particular acts and that he consciously and deliberately adopted the means to
circumstances that would constitute such. commit the crime. Thus, Santiago's sudden attack on
People v. Jaurigue 2019 Artemio, Sr. constitutes treachery thereby qualifying the
However, Alegre is deemed to have waived this defect,
There can be no treachery when the victim was considering his failure to avail of the proper procedural killing to the crime of Murder.
"forewarned of the danger he was in," "put on guard," or remedies. People v. Sibbu held that for the defense of alibi to prosper,
otherwise "could anticipate aggression from the assailant" the accused must prove not only that he was at some other
It has been repeatedly held that there can be no treachery
as when "the assault is preceded by a heated exchange of place when the crime was committed, but also that it was
when the attack is preceded by a heated exchange of
words between the accused and the victim; or when the physically impossible for him to be at the scene of the
words between the accused and the victim, or when the
victim is aware of the hostility of the assailant towards the crime or its immediate vicinity through clear and
victim is aware of the hostility of the assailant towards the
former." convincing evidence. Here, the fact that Santiago resided
former. Here, Alegre had a heated altercation with Pascua
before he finally lost his patience and shot him. in Brgy. Capuseran did not preclude the possibility that he
was at the scene of the crime when the shooting incident
People v. Angeles 2019 Alegre's acts were more of a result of a sudden impulse or happened.
a spur of the moment decision due to his previous heated
Treachery may still be appreciated even when the victim
altercation with the victim, rather than a planned and
was forewarned of the danger to his person. What is
deliberate action. There is no showing that he consciously People v. Pereira 2021
decisive is that the execution of the attack made it
employed a particular mode of attack in order to facilitate
impossible for the victim to defend himself or to retaliate. Par 16, Art 14 of the RPC defines treachery as the direct
the killing without any risk to himself.
employment of means, methods, or forms in the
execution of the crime against persons which tend directly
People v. Alegre 2022 and specially to insure its execution, without risk to the
People v. Panis 2021
Jurisprudence dictates that for treachery to be offender arising from the defense which the offended
Jhonny's straightforward testimony positively and
appreciated, it must be sufficiently pleaded in the party might make. Here, at the time of the attack, Bagan

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 41 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

was not in a position to defend himself from the 2) an act manifestly indicating that the offender clung Nighttime or nocturnidad
suddenness and swiftness thereof. to his determination; and
a) particularly sought or darkness is taken
3) a lapse of time, between the determination to advantage to commit the offense, or
commit the crime and the execution thereof,
People v. Manansala 2020 b) facilitated the commission of the crime.
sufficient to allow the offender to reflect upon the
Here, the elements of treachery were present consequences of his act. Nighttime cannot be considered if it is shown that the
place was adequately lighted.
1. Manansala stealthily entered the house of the
Mari v. CA
victim and shot him while he was going upstairs. Abuse of superior strength
2. The fatal wound was inflicted from behind since The mere fact that the victim is a woman is not per se an
the entry point was located at the back lumbar aggravating circumstance. There was no finding that the People v. Maron 2019
region. evidence proved that the accused in fact deliberately
Employment of means to weaken the defense is, at the
3. The victim was going upstairs with his back intended to offend or insult the sex of the victim, or
very least, subsumed under the qualifying circumstance
towards the assailant when he was shot. showed manifest disrespect to the offended woman or
of abuse of superior strength.
displayed some specific insult or disrespect to her
As correctly held by the CA, the Rules on Electronic In determining whether the qualifying circumstance of
womanhood. There was no proof of specific fact or
Evidence provides that persons authorized to authenticate employing means to weaken the defense is present, the
circumstance, other than the victim is a woman, showing
the video or CCTV recording is not limited solely to the Court shall be guided by the same standard in
insult or disregard of sex in order that it may be
person who made the recording but also by another determining the presence of abuse of superior strength,
considered as aggravating circumstance.
competent witness who can testify to its accuracy. Here, i.e., "notorious inequality of forces between the victim and
Asas was able to establish the origin of the recording and the aggressor/s that is plainly and obviously advantageous
explain how it was transferred to the compact disc and to the aggressor's and purposely selected or taken
People v. Manansala 2020
subsequently presented to the trial court. advantage of to facilitate the commission of the crime.”
Evident premeditation was not satisfactorily established.
Evident premeditation Here, the only basis in finding evident premeditation as
To prove this aggravating circumstance, the prosecution attendant to the crime was the confrontation between the
People v. Pagapulaan 2019
must show the following: victim and Manansala one day before the killing.
To take advantage of superior strength means to
1) the time when the offender determined to commit purposely use excessive force out of proportion to the
the crime;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 42 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

means of defense available to the person attacked. must be a showing of gross disproportionality between
a. Accused-appellants, Antonio and the victim,
each of them. Mere numerical superiority on the part of
Unlike in treachery, where the victim was not given the without any animosity, all left together from the
opportunity to defend himself or repel the aggression, inuman; the accused does not automatically equate to superior
taking advantage of superior strength does not mean that strength. The determination must take into account all the
b. All boarded Antonio's tricycle; tools, skills and capabilities available to the accused and to
the victim was completely defenseless.
c. No one protested when they were traversing the the victim to justify a finding of disproportionality.
route going to Bagulin instead of heading home to Here, the victim was unarmed when he was attacked by
Mamat-ing Norte; accused-appellants, who were not only superior in
People v. Enojo 2019
d. All were in the crime scene; number but had access to, and in fact used, a weapon in
It has been consistently held that an attack made by a
form of a knife. It was also established that when the
man with a deadly weapon upon an unarmed and e. All got involved in a fight with the victim with
victim was already defenseless and weak from the stab
defenseless woman constitutes the circumstance of abuse Danilo boxing the victim, and Antonio stabbing
wound and the mauling, he was unnecessarily hit with a
of that superiority which his sex and the weapon used in the deceased, and Orlando remaining on standby;
big stone that ensured his death.
the act afforded him, and from which the woman was f. Antonio admitted to having participated with
unable to defend herself. Orlando in disposing the body of the victim into
the ravine; People v. Camarse 2022 Lopez, M., J.
g. Accused-appellants and Antonio all left together
People v. Padilla 2022 Burning the victim's body constitutes an act of outraging or
boarding Antonio's tricycle when the killing was
Here, the qualifying circumstance alleged to have scoffing at his or her corpse which qualifies the crime to Murder.
finished with nobody protesting or reporting the
attended the killing of the victim was abuse of superior incident to the authorities; and WON Raymund is guilty of Murder and Destructive Arson
strength. Conspiracy among the accused-appellants was based on circumstantial evidence.
h. the findings of the medico-legal indicate that the
likewise alleged to have attended in the manner of the
injuries sustained by the victim were done by 1. YES. The corpus of circumstantial evidence
killing of the victim.
several persons. constitutes an unbroken chain of events pointing to
The conduct of the accused-appellants before, during and Raymund's guilt.
The determination of whether or not the aggravating
after the commission of the crime, together with that of
circumstance of abuse of superior strength was attendant 2. The Rules of Court allows resort to circumstantial
Antonio's, showed conspiracy on their part, and that they
requires the arduous review of the acts of the accused in evidence provided the following conditions are
all had an equal hand in the killing of Rhandy.
contrast with the diminished strength of the victim. There satisfied, to wit:

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 43 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Regine was still inside. crime. Here, Raymund burned Regine's body which
2.1. there is more than one circumstance;
constitutes an act of outraging or scoffing at her
2.2. the facts from which the inferences are 4.3. Third, Raymund fled despite the attempts of
the room attendant to prevent him from corpse.
derived are proven; and
fleeing. 8. There is also circumstantial evidence that Raymund
2.3. the combination of all the circumstances is is guilty of destructive arson. The elements of the
such as to produce a conviction beyond 4.4. Fourth, the room attendant entered the
room and saw Regine's body lying face down. offense are as follows:
reasonable doubt.
4.5. Fifth, the barangay officials and room boys 8.1. a fire was set intentionally; and
3. A conviction for murder requires the confluence of
the following elements, to wit: ran after Raymund and called the police. 8.2. the accused was identified as the person who
caused it.
3.1. a person was killed; 4.6. Sixth, the police arrived and recovered a
13-centimeter kitchen knife at the backseat
3.2. the accused killed the victim; of Raymund's vehicle.
People v. Natindim 2020
3.3. the killing was attended by any of the 4.7. Seventh, the post-mortem examination
qualifying circumstances mentioned in revealed that Regine died due to severe Contrary to appellants' contention, the Information
Article 248 of the RPC; and multiple traumatic injuries of the head with alleged that with treachery, the appellants shot Pepito on
3.4. that the killing is not parricide or multiple stab wounds in the trunk. the head with the use of a firearm and thereafter hacked
infanticide. him even though he was dying and helpless on the
5. To the unprejudiced mind, these proven facts, when
ground.
4. Here, the prosecution established these weaved together, lead to no other conclusion but of
circumstantial pieces of evidence, thus: Raymund's culpability for the crime. Pepito was unarmed and looking out the window to
ascertain the noise outside when Edimar shot him on his
4.1. First, Raymund and Regine checked in at the 6. More importantly, the prosecution sufficiently
head which consequently knocked him on the floor.
Garage Room No. 30 of Country Lodge alleged and proved the aggravating circumstance of
Appellants consciously and deliberately adopted the mode
Motel. No one else entered the room. outraging or scoffing the victim's corpse.
of attack. They lurked outside Pepito's residence and
4.2. Second, the room attendant observed that 7. People v. Brodett affirmed the appreciation of the waited for him to appear.
black smoke was coming out of the room at aggravating circumstance of outraging or scoffing
The attack was done suddenly and unexpectedly, leaving
around 2:15 p.m. Raymund came out of the the victim's corpse because the accused burned the
Pepito without any means of defense. The subsequent
room and informed the room attendant that victim's body and left it in the spillway to conceal the
hacking of Pepito when he lay lifeless on the floor

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 44 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

indicated treachery since he was already wounded and

Meanwhile, the generic aggravating circumstances of But treachery was incorrectly considered by the trial
unable to put up a defense. cruelty, dwelling and intoxication cannot be considered court. The accused stand charged with, tried and
Since treachery qualified the crime to murder, the generic in this case. People v. Legaspi held that for both qualifying convicted of robbery with homicide which is primarily
aggravating circumstances of abuse of superior strength, and aggravating circumstances to be considered in the classified as a crime against property. As such, treachery
in aid of armed men and nighttime are absorbed by and case, they must be specifically alleged in the Information cannot be validly appreciated as an aggravating circumstance.
necessarily included in the former. or Complaint, as provided in the amended Sections 8 and
While it appears that at least five (5) malefactors took part
9, Rule 110. Otherwise, they will not be appreciated even if
However, evident premeditation as a qualifying in the commission of the crime, the evidence on record
circumstance cannot be appreciated in this case for failure duly proved during the trial.
does not disclose that "more than three" persons were
of the prosecution to specifically allege in the Information Since evident premeditation can be considered as an armed, and robbery in "band" means "more than three
the acts constituting it. Section 9, Rule 110 requires that ordinary aggravating circumstance, treachery, by itself, armed malefactors united in the commission of robbery."
the acts or omissions complained of as constituting the being sufficient to qualify the killing, the proper
Nighttime did not attend the commission of the crime.
offense must be stated in ordinary and concise language imposable penalty - the higher sanction - is death.
The fact that the offense was committed at 9:30 in the
without repetition, not necessarily in the terms of the However, in view of RA 9346 prohibiting the imposition of
evening does not suffice to sustain nocturnidad. It must be
statute defining the offense. Nevertheless, it can still be the death penalty, the penalty for the killing of Pepito is
shown that nocturnidad was deliberately and intentionally
considered a generic aggravating circumstance, as in this reclusion perpetua without eligibility for parole.
sought.
case.
Here, the following circumstances indicated the presence
of evident premeditation: People v. Arizobal
re Dwelling, Treachery, Band, Nighttime People v. Nasayao
a. the meeting of all the accused at 3 PM to plan the re Treachery
The trial court is correct in appreciating dwelling as an
killing of Pepito; The victim, while squatting on top of a bench and eating
aggravating circumstance. Generally, dwelling is
b. the act of buying and drinking alcohol and arming his meal with a plate in one hand, was certainly in no
considered inherent in the crimes which can only be
themselves with four homemade guns known as position to defend himself or to retaliate. Accused may
committed in the abode of the victim, such as trespass to
paleontods, an improvised pistol and bolos; and have forewarned Joves about what he was about to do by
dwelling and robbery in an inhabited place. However, in
telling him to finish his meal. Nevertheless, accused did
c. a sufficient lapse of time, that is, six hours from robbery with homicide the authors thereof can commit
not wait for Joves to finish. He did not give Joves the
the time of their meeting until the time of killing the heinous crime without transgressing the sanctity of
opportunity to stand up. Joves not only failed to reply to
of Pepito at 9 PM. the victim's domicile.
accused’s order for him to finish his meal, but also failed

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 45 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

to make any instinctive reaction to the perceived threat circumstance. As a result, the imposition of the maximum a residence. It was in the video rental shop where the rape
posed by the accused who was holding two knives. From penalty of death, which is reduced to reclusion perpetua was committed. True, the victim was dragged to the
all indications, the attack on Joves was sudden and in light of RA 9346, stands proper. To this, the Court adds kitchen and toilet but these two sections were adjacent to
unexpected. that Matibag is not eligible for parole. and formed parts of the store. Being a commercial shop
that caters to the public, the video rental outlet was open
to the public. As such, it is not attributed the sanctity of
People v. de la Torre People v. Perreras privacy that jurisprudence accords to residential abodes.
re Dwelling re Dwelling

In People v. Parazo, the “dwelling” contemplated in Article Dwelling aggravates a felony where the crime was
14(3) of the RPC does not necessarily mean that the victim committed in the dwelling of the offended party if the People v. Aspili
owns the place where he lives or dwells. Be he a lessee, a latter has not given provocation or if the victim was killed We find no merit in the appellants' contention that the
boarder, or a bedspacer, the place is his home, the inside his house. Although accused was outside of the lower court erred in considering recidivism as an
sanctity of which the law seeks to protect. The fact house when he fired, the victim was inside his house. For aggravating circumstance. All the appellants are
that the crime was consummated in the nearby house is the circumstance of dwelling to be considered, it is not recidivists. They were serving sentence by virtue of a final
also immaterial. Marita was forcibly taken by appellant necessary that the accused should have actually entered judgment of conviction when they committed the
from her dwelling house (kitchen) and then raped her. the dwelling of the victim to commit the offense; it is offenses. Aspili, Magbanua, Mendoza and Rebutido have
Dwelling is aggravating if the victim was taken from his enough that the victim was attacked inside his own previously been convicted of the crimes of frustrated
house although the offense was not completed therein. house. homicide, serious physical injuries, theft, and murder and
trespass to dwelling, respectively. Both Sales and Aguirre
have previously been convicted of robbery in band.
People v. Matibag 2015 People v. Taño
We likewise uphold the trial court's finding that the crime
The special aggravating circumstance of use of The Court finds that dwelling cannot be appreciated as an was aggravated because it was committed by a band. All
unlicensed firearm, which was duly alleged in the aggravating circumstance. The building where the two the six appellants were armed when they boarded the
Information, should be appreciated in the imposition of offenses were committed was not entirely for dwelling vessel and perpetrated their dastardly acts. There is also
penalty. When Matibag killed Duhan with his firearm, the purposes. The evidence shows that it consisted of two abuse of superior strength, since most of the victims
use thereof was unauthorized under the purview of RA floors: the ground floor, which was being operated as a were women and children ranging from 2 to 9 years old.
8294 and is equally appreciated as a special aggravating video rental shop, and the upper floor, which was used as
However, the aggravating circumstances of nocturnity

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 46 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

and craft should not have been considered by the lower Requisites Notes Requisites Notes
court. There was no showing that the appellants purposely the offended party; be immediate and
c) offender knows him to be a
sought the cover of night when they committed the special personal
public authority; c) abuse of confidence facilitated
complex crime of robbery with homicide. Neither did the
the commission of the crime ➔ Stealing the
appellants employ craft, since they had already boarded d) presence has not prevented the
commission of the crime. property of host is
the vessel when they pretended to buy Tanduay Rum in
with abuse of
exchange for the dried fish and chicken they were
Insult or disregard of offended party confidence
carrying. Even without such pretense, they could
nonetheless have carried out their unlawful scheme. a) Deliberate intent to offend or
Obvious ungratefulness
insult (sine qua non)
Review of Aggravating Circumstances
Rank: there should be a difference Disregard of sex ungratefulness must be obvious, i.e. manifest and clear.
Requisites Notes in the social condition of the absorbed in
Abuse of public position offender and offended; treachery; Palace of the Chief Executive
Age: there is a considerable gap; Chief Executive: Need
Inherent in
Malversation (217); Sex: Female. a) Public authority must be in not be in the palace;
Falsification of their office while performing His mere presence
a) Done by a public officer; Dwelling his duty;
document by public aggravates; He need
b) Took advantage of position officers(171); Art 19 par b) He may be the offended party not perform his
it is enough that the
a) offended party must not give duties;
3; Crimes by public victim was attacked
provocation (sine qua non)
officers (204-245) inside his own house Nocturnidad or Nighttime
Contempt or insult to the public authorities Abuse of confidence a) crime occurred in that period Two alternative tests
a) public authority is engaged in a) offended party had trusted the ➔ Betrayal of of darkness beginning at end for nocturnity:
the exercise of his functions; Becomes Direct offender; confidence NOT of dusk and ending at dawn;
a) Objective:
b) authority is not the person Assault if done aggravating b) place must not be illuminated; facilitates
b) offender abused such trust by
against whom the crime is against authority committing a crime against ➔ Confidence must crime;
c) crime must begin and be
committed;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 47 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Requisites Notes Requisites Notes Requisites Notes

accomplished in the impunity; OR

b) Subjective: d) offender be convicted of new offense
nighttime; purposely c) offender took advantage for the purpose of ➔ Also applies if both offenses violate the same
sought impunity; Ordinance/SPL
In an uninhabited place ➔ Controlling is time of TRIAL, not the commission
Calamity or misfortune
of crime;
a) The place provides no
reasonable possibility of the "For the purpose of Calamity includes ➔ The commission of crime and rendering of
victim receiving some help; impunity" means to a) Offender must take advantage conflagration, judgment must be successive: e.g.
prevent offender's of calamity; shipwreck,
b) accused sought the solitude for recognition, or secure Crime 1 → Judgment 1 → Crime 2 → Judgment 2
earthquake, epidemic
an easy and uninterrupted himself from Reiteracion or habituality
accomplishment of the crime, detection and Aid of armed men
and to insure concealment of punishment. a) Accused on trial for an offense; ➔ If offender has not
offense; a) armed persons took part in the
b) previously served sentence for been previously
commission of the crime Not considered when
By a band another offense of an equal or punished or
either directly or indirectly; both parties are
greater penalty, or for two or served sentence,
a) at least four; b) accused availed himself of EQUALLY armed; reiteracion is NOT
more crimes of a lighter
their aid, or relied upon them Not considered if penalty than that for the new attendant;
b) all four are armed; One of the four should
during the commission of the conspiracy is present offense;
not be a principal by ➔ Reiteracion NOT
c) all shall have acted together, crime
taking direct part in the inducement. c) be convicted of the new ALWAYS
execution of the act; Recidivist offense. aggravating

a) Offender is on trial for an offense; Consideration of price, reward or promise

COMMON ELEMENTS FOR PAR 6
b) previously convicted by final judgment of another a) there must be at least two (2) If not alleged to
a) facilitated the commission of the crime; OR
crime; principals, one by inducement qualify the crime to
b) especially sought by the offender to insure the
c) both offenses embraced in same title of Code; and the other/s by direct murder, GENERIC
commission of the crime or for the purpose of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 48 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Requisites Notes Requisites Notes Requisites Notes

participation; only execution, allowing Alevosia or Treachery

REFLECTION and COOL
Great waste and ruin a) At the time of the attack,
THOUGHT
victim was not in a position to a) Applies to crimes
When the crime committed is
Craft defend himself or retaliate; against persons;
parricide, there is only GENERIC
AND
aggravating Act done in order not b) mode of attack
involves intellectual trickery and b) offender consciously adopted consciously
to arouse suspicion of
Explosion cunning the particular means, adopted.
the victim;
If there is intent to kill, using methods, or forms.
Fraud
explosion, crime is MURDER Means are purposely Ignominy
used to accomplish a involves insidious words or
Derailment of Locomotive Differs from Craft in A circumstance
criminal purpose. machinations used to induce the
that Fraud involves pertaining to the
If person dies as a result without victim in a manner which would
direct inducement by must tend to make the effects of moral order, which
intent, COMPLEX CRIME of enable the offender to carry out
insidious words the crime more humiliating, adds disgrace and
damage to means of his criminal design.
communication with homicide putting the victim to shame; obloquy to the
Disguise material injury caused
(Arts 330 and 249 in rel to Art 4 and
48); involves resorting to any device to conceal identity by the crime.

Evident Premeditation Abuse of superior strength Unlawful Entry

a) time when offender a) There should be notorious There is an unlawful entry when
determined to commit crime; inequality of forces between Incompatible an entrance is effected by a way NOT for escape
After offender had with
the two parties; not intended for the purpose.
b) act indicating culprit clung to determined to Passion or
this determination; commit the crime, b) Offender takes advantage of obfuscation Breaking wall, roof, floor, door, or window
2nd req. exists. this inequality.
c) sufficient lapse of time Offender need not enter the building for FORCIBLE
between determination and ENTRY to be aggravating.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 49 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Requisites Notes natural, or adopted brother or sister, or relative by

A close examination of the record is indicative of the lack
affinity in the same degrees of the offender.
Aid of person under 15 and Means of motor vehicle of instruction of the offender. There is more than
The intoxication of the offender shall be taken into sufficient justification for the finding of the mitigating
1. Two different aggravating: aid of minors under 15, consideration as a mitigating circumstances when circumstance of the above character that would lessen the
means of motor vehicle; the offender has committed a felony in a state of rigor of the Anti-Subversion law.
2. Estafa cannot be committed by means of motor vehicle intoxication, if the same is not habitual or
subsequent to the plan to commit said felony but
Cruelty when the intoxication is habitual or intentional, it People v. Fontillas 2010
a) Injury caused be deliberately shall be considered as an aggravating circumstance. re intoxication
increased by causing other The culprit enjoys and The Court of Appeals correctly rejected the
wrong; People v. Orilla
delights in making his re relationship accused-appellant's assertion that his extreme
b) Other wrong is unnecessary in victim suffer. intoxication from alcohol on the night of the rape should
The Amended Information did not allege Remilyn’s minor be appreciated as a mitigating circumstance. Accused did
accomplishing the crime;
age. The prosecution’s failure to allege specifically not present any evidence that his intoxication was not
Remilyn’s minor age prevents the transformation of the habitual or subsequent to the plan to commit the rape.
crime to its qualified form.
Alternative Circumstances
5
Revised Penal Code, Art. 15 Based on a strict interpretation, alternative circumstances
are thus not aggravating circumstances per se. People v. Dawaton
Alternative circumstances are those which must be Jurisprudence considers relationship as an aggravating
The trial court erred in not appreciating the alternative
taken into consideration as aggravating or mitigating circumstance in crimes against chastity. However, rape is
according to the nature and effects of the crime and circumstance of intoxication in favor of the accused.
no longer a crime against chastity for it is now classified
the other conditions attending its commission. They There being no indication that the accused was a habitual
as a crime against persons.
are the relationship, intoxication and the degree of drunkard or that his alcoholic intake was intended to
instruction and education of the offender. fortify his resolve to commit the crime, the circumstance
of intoxication should be credited in his favor.
The alternative circumstance of relationship shall be People v. Bondoc
lack of instruction generally mitigating except in
taken into consideration when the offended party is
Crimes against property and chastity
the spouse, ascendant, descendant, legitimate,
6 Absolutory causes

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 50 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Are those where the act committed is a crime but for Entrapment Instigation People v. Doria
reasons of public policy and sentiment, there is no Entrapment in the Philippines is not a defense available
apprehension of the
penalty imposed. to the accused. It is instigation that is a defense and is
criminal while in the actual
A circumstance which is present prior to or commission of the crime. considered an absolutory cause.
simultaneously with the offense by reason of which the In the case at bar, the evidence shows that it was the
accused who acts with criminal intent, freedom and the law officer conceives the
confidential informant who initially contacted Doria. At
intelligence does not incur a criminal liability for an act commission of the crime
the mens rea originates from the pre-arranged meeting, the informant was
which constitutes a crime. and suggests to the accused
the mind of the criminal accompanied by PO3 Manlangit who posed as the buyer of
who adopts the idea and
1) Spontaneous desistance in attempted felonies marijuana. PO3 Manlangit handed the marked money to
carries it into execution
(Art. 6); Doria as advance payment for one (1) kilo of marijuana.
does NOT exempt the considered an absolutory Doria was apprehended when he later returned and
2) Accessories in light felonies (Art. 16);
criminal from liability. cause. handed the brick of marijuana to PO3 Manlangit.
3) Accessories exempt from criminal liability by
reason of relationship (Art. 20); Battered Woman Syndrome
4) A legal spouse or parent who inflicts slight or People v. Casio 2014
People v. Genosa
less serious physical injuries under exceptional
Accused was predisposed to commit the offense because in rel. to Sec. 26, RA 9262
circumstances; (Art. 247. If death or serious
she initiated the transaction. As testified by PO1 Veloso
injuries result, there is mitigated liability, as The severe beatings repeatedly inflicted on appellant
and PO1 Luardo, accused called out their attention by
“extenuating circumstance”) constituted a form of cumulative provocation that broke
saying “Chicks mo dong?” down her psychological resistance and self-control. This
5) Persons not criminally liable for theft, estafa or
With regard to the lack of prior surveillance, prior “psychological paralysis” she suffered diminished her will
malicious mischief by reason of relationship to
surveillance is not a condition for an entrapment power, thereby entitling her to the mitigating factor under
the offended party. (Art. 332)
operation’s validity. As held in People v. Padua, a prior paragraphs 9 and 10 of Article 13. In addition, appellant
Entrapment Instigation surveillance is not a prerequisite for the validity of an should also be credited with the extenuating circumstance
entrapment or buy-bust operation, the conduct of which of having acted upon an impulse so powerful as to have
law officers employ ruses the accused is induced to has no rigid or textbook method. naturally produced passion and obfuscation.
and schemes to ensure the commit the crime. In order to be classified as a battered woman, the couple

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 51 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

must go through the battering cycle at least TWICE. The Principals 3) Becomes liable only when the principal by direct
battered woman syndrome is characterized by the participation committed the act.
By direct participation
so-called “cycle of violence,” which has three phases: 4) The inducement
a) Participated in the criminal resolution; and
1) the tension-building phase; a. must be made directly with the intention of
b) Carried out their plan and personally took part in
2) the acute battering incident; and its execution by acts which directly tended to the procuring the commission of the crime; and

3) the tranquil, loving (or, at least, nonviolent) phase. same end. b. that such must be the determining cause of the
EXC where there was conspiracy to kidnap and crime.
The Court failed to find ample evidence that would
confirm the presence of the essential characteristics of kill and only one of the conspirators 5) The inducement must precede the act induced and
BWS. The defense fell short of proving all three phases of kidnapped the victim. must be so influential in producing the criminal act
the “cycle of violence” supposedly characterizing the 1) If the 2nd requisite is absent, there is only that without it, the act would not have been
relationship of Ben and Marivic Genosa. conspiracy, which may not be punishable in and of performed.
itself. 6) Requisites for a person using words of command
By induction to be liable as principal by induction:
Persons Criminally Liable and
C 2) Two ways of becoming principal by induction, by a. The one commanding must have the intention of
Degree of Participation
directly procuring the commission of the crime;
Principals, Accomplices, and Accessories a. Forcing b. He must have an ascendancy or influence over the
person who acted;
Conspiracy and Proposal i. By using irresistible force;
c. The words used must be so direct, efficacious,
Liability for Multiple Commission of Crimes ii. By causing uncontrollable fear; OR
powerful as to amount to physical or moral
b. Inducing coercion;
Principals, Accomplices, and
1 Accessories i. By giving price, or offering reward or promise; d. The words must be uttered prior to the
Revised Penal Code, Arts. 16- 20 ii. By using words of command. commission of the crime; and

another to commit a crime. e. The material executor of the crime has no

personal reason to commit the crime.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 52 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

direct participation have CCR; Principal by in his purpose;

7) One cannot be held guilty of having instigated the
commission of a crime without first being shown indispensable cooperation has CCR with the
principal by direct participation. 2. he cooperated in the execution by previous or
that the crime has been actually committed by simultaneous acts, with the intention of supplying
another. Accomplices material or moral aid in the execution of the crime
8) But if the one charged as principal by direct Accomplices are persons who, not being included in in an efficacious way; and
participation is acquitted because he acted without Article 17 of the RPC, cooperate in the execution of the 3. his acts bore a direct relation with the acts done by
criminal intent, his acquittal is NOT a ground for the offense by previous or simultaneous acts. the principal.
acquittal of the principal by inducement.
The following requisites must be proved in order that a At best, Excel's participation in the incident was limited to
By indispensable cooperation person can be considered an accomplice: acts committed after the abduction was already
a) There is either anterior conspiracy or unity of a) community of design, i.e., knowing that consummated. Particularly, Excel retrieved the ransom
criminal purpose and intention immediately criminal design of the principal by direct money from Metrobank.
before the commission of the crime charged; and participation, he concurs with the latter in his
12) Where there is doubt whether accused acted as
b) Cooperation in the commission of the offense by purpose;
principal or accomplice, he should be liable only as
performing another act, without which it would b) he cooperates in the execution of the offense by an accomplice.
not have been accomplished. previous or simultaneous acts; and,
13) When the participation of an accused is not
9) One who, by acts of negligence, cooperates in the c) there must be a relation between the acts done disclosed, only an accomplice.
commission of the crime may be liable as by the principal and those attributed to the
co-principal. But he is held guilty of the same crime 14) An accomplice does not have previous agreement or
person charged as accomplice.
through reckless imprudence. understanding or is not in conspiracy with the
principal by direct participation.
Collective Criminal Responsibility (CCR) Gurro v. People 2019
10) When the offenders are criminally liable in the same 15) What differentiates an accomplice from a
The prosecution failed to prove, much less allege, any overt
manner and to the same extent. The penalty to be conspirator is that the former only concurs with the
act on Excel's part showing his direct participation in the
imposed must be the same for all. criminal design, and not the criminal intention. The
kidnapping itself. It must be remembered that for one to
conspirators have already decided upon such course
11) Principals by direct participation have CCR; be regarded as an accomplice, it must be shown that
of action. Accomplices come to know about it after
Principal by induction, except that who directly 1. he knew the criminal design of the principal by the principals have reached the decision.
forced another to commit a crime, and principal by direct participation, and concurred with the latter

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 53 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

16) In other words c) By harboring, concealing, or assisting in the EXC if such accessory
a. Conspirators are the AUTHORS of a crime; escape of the principals of the crime, provided 1. Profited by the effects of the crime, or
the accessory acts with abuse of his public
b. Accomplices are mere INSTRUMENTS who 2. Assisted the offender to profit by the effects of
functions or whenever the author of the crime is
perform acts not essential to the perpetration of the crime.
guilty of treason, parricide, murder, or an
the offense.
attempt to take the life of the Chief Executive, or Time of Participation
17) The acts of the accomplice are necessary, but not is known to be habitually guilty of some other
indispensable to the commission of the crime. He crime. Previous Simultaneous After
merely supplies the principal with material or moral
20) The liability of an accessory is subordinate and Principal ✔ ✔ ✔
aid without conspiracy with the latter.
subsequent to that of the principal.
18) The moral aid may be through advice, Accomplice ✔ ✔
21) Thus, when the principal is acquitted, no legal
encouragement or agreement.
grounds exist for convicting accused as an accessory.
Accessory ✔
19) An accomplice may be liable for a crime different Exception to this rule is when the principal is
from that which the principal committed. acquitted due to an exempting circumstance such
as minority or insanity.
Accessories People v. Agapinay
22) Apprehension and conviction of the principal is not
Accessories are those who, having knowledge of the As regards Julia Rapada, it is the opinion of this Court that
necessary for the accessory to be held criminally
commission of the crime, and without having she can not be held liable (as a principal by inducement).
liable.
participated therein, either as principals or Her words, "Kill him and we will bury him" amount to
accomplices, take part subsequent to its commission in Exempted accessories imprudent utterances, and not, rather, in the nature of a
any of the following manners: GR: When the principal is his command that had to be obeyed.
a) By profiting themselves or assisting the 1. Spouse, Only Romeo, Delfin, and Fortunato should be held as
offender to profit by the effects of the crime. 2. Ascendant, principals in the crime of murder. Romeo is guilty, as he
b) By concealing or destroying the body of the admitted in open court, by direct participation, while
3. Descendant, or
crime, or the effects or instruments thereof, in Delfin and Fortunato are liable as principals by
4. Legitimate, natural or adopted brother, sister or cooperation. In holding the victim by his arms, both
order to prevent its discovery.
relative by affinity within the same degree. allowed Romeo to inflict upon him a stab wound.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 54 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

cooperation by Ida are not indispensable to the

Alex, Dante, and Cirilo, on the other hand, should be held
as simple accomplices for their acts of pelting the victim People v. Balderama commission of rape by Tampus. First, because it was both
with rocks. Since the deceased had already sustained two Ida and Tampus who forced ABC to drink beer, and second
Balderrama had great moral ascendancy and influence because Tampus already had the intention to have sexual
stab wounds, the act of hurling rocks at him was not
over the accused Oscar. We are convinced that Oscar, who intercourse with ABC and he could have consummated the
indispensable to justify holding them legally liable as
was not shown to have any rancor against Nestor, would act even without Ida's consent.
principals.
not have given the fatal thrust had it not been for Ernesto's
shout of "Birahin mo na" or "birahin mo."

People v. Madali Conspiracy and Proposal

2
Revised Penal Code, Art. 8
Annie's participation in the shooting of the victims People v. Tampus and Montesclaros
consisted of beaming her flashlight at them and warning ART 8. Conspiracy and proposal to commit felony. —
The finding of guilt of Ida as an accomplice in the rape of
her husband of the presence of other persons in the Conspiracy and proposal to commit a felony are
ABC is dependent on proving the guilt of the principal
vicinity. However, such assistance merely facilitated the punishable only in the cases in which the law
accused. All the requisites concur in order to find Ida
commission of the felonious acts of shooting. Ricarte specially provides a penalty therefor.
guilty as an accomplice to Tampus in the rape of ABC.
Madali could have nevertheless accomplished his criminal acts A conspiracy exists when two or more persons come
There was community of design between Ida and Tampus
without Annie's cooperation and assistance. to an agreement concerning the commission of a
to commit the rape of ABC. Ida had knowledge of and
Neither may Annie's shouts of "here comes, here comes assented to Tampus' intention to have sexual intercourse felony and decide to commit it.
another, shoot'' be considered as having incited Ricarte to with her daughter. She forced ABC to drink beer, and There is proposal when the person who has decided
fire at the victims to make Annie a principal by when ABC was already drunk, she left ABC alone with to commit a felony proposes its execution to some
inducement. There is no proof that those inciting words Tampus, with the knowledge and even with her express other person or persons.
had great dominance and influence over Madali. The fact consent to Tampus' plan to have sexual intercourse with
that Annie dealt a blow on Agustin while he was being her daughter. GR Conspiracy and proposal to commit a felony are
dragged by Madali to their yard does not make her a NOT punishable.
It is settled jurisprudence that the previous acts of
principal by direct participation. Annie's act, being
cooperation by the accomplice should not be EXC When the law specially provides a penalty
previous to Madali's act of shooting Agustin, was actually therefor.
indispensable to the commission of the crime; otherwise,
not indispensable to the crime committed against
she would be liable as a principal by indispensable a. Conspiracy to commit treason (115);
Agustin.
cooperation. The evidence shows that the acts of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 55 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

crime itself, must be proven beyond reasonable

b. Conspiracy to commit coup d’etat, rebellion or Kinds of conspiracy, their differences and
insurrection (136); doubt.
similarities
c. Conspiracy to commit sedition (141). 2. Mere presence, knowledge, acquiescence to or
In Fernan, Jr v. People, a prosecution of 36 accused for
agreement to cooperate, is not enough to constitute
estafa on 119 counts through falsification of public
Requisites of proposal one as a party to a conspiracy, absent any active
documents in order to commit a series of highway
1. A person has decided to commit a felony; and participation in the commission of the crime, with a
scams through multiple conspiracies among them, the
view to the furtherance of the common design and
2. That he proposes its execution to some other person or SC categorized the structure of such multiple
purpose.
persons. conspiracies thereof as a guide for prosecution.
3. When conspiracy relates to a crime actually
There is no criminal proposal when — It adverted to Estrada v. Sandiganbayan wherein such
committed, it is not a felony but only a manner of
structures were named as:
a. The person who proposes is not determined to incurring criminal liability. Thus, an act of one is
commit the felony. the act of all. It is then not punishable as a separate a) Wheel or circle conspiracy, in which there is a
offense. single person, or hub, dealing individually with
b. There is no decided, concrete and formal
2 or more persons or groups, the spokes; and
proposal. 4. In a conspiracy, it is not necessary to show that all
the conspirators actually hit and killed the victim. b) Chain conspiracy, usually involving the
c. It is not the execution of the felony that is
What is important is that all participants distribution of narcotics and contraband, in
proposed.
performed specific acts with such closeness and which there is successive communication and
The proposal need not be accepted for the proponent to be cooperation.
coordination as to unmistakably indicate a common
criminally liable. If the proposal is accepted, it may
purpose or design to bring about the death of the Extent of liability of conspirators
transform to a conspiracy because there would then be
victim.
an agreement and a decision to commit a felony. 1. All are liable for the felony agreed upon under the
Requisites of conspiracy conspiracy theory.
Conspiracy as a crime and as a mode of
incurring criminal liability 1. That two or more persons came to an 2. Liable only for such other crimes which could be
agreement; foreseen and which are the natural and logical
1. Conspiracy exists when two or more persons come
consequences of the conspiracy, or foreseeable
to an agreement concerning the commission of a 2. The agreement concerned the commission of a
felony; and offenses.
crime and decide to commit it. Conspiracy, like the
3. That the execution of the felony be decided upon. Thus, when the agreement was to commit robbery,
homicide is foreseeable, whereas rape is NOT.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 56 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

3. A member of a band in a robbery en cuadrilla is liable An accused is responsible not only for the Rape he personally the commission of the offense, all the perpetrators
for all assaults, inclusive of homicide and rape, committed but also for the other counts of Rape that his have the same purpose and were united in its
where he was present when these other crimes were co-conspirators perpetrated although they were unidentified or execution.
being committed but he did not attempt to prevent are at large.
5. Here, Carlo and his three (3) companions
the same (Art 296 par 2), regardless if such additional
WON is guilty beyond reasonable doubt for the Rape of AAA. successively raped AAA and that while one of them
offenses were foreseeable or not.
had carnal knowledge of the victim, the others held
1. YES. Carlo must be convicted with four (4) counts of
4. If both conspiracy to rob and cuadrilla are present: her arms and kept her from struggling. Viewed in
Simple Rape and should be sentenced with
a. If a homicide is committed, the lookout is liable its totality, the individual participation of each
Reclusion Perpetua for each count.
under the conspiracy theory; perpetrator pointed to a joint purpose and criminal
2. Under Article 266-A of the Revised Penal Code, the design.
b. If a rape was committed in his presence and he elements of Rape are:
did not attempt to prevent, he will be liable
2.1. the offender had carnal knowledge of a
under the cuadrilla rule;
woman; and People v. Laguda 2020 Lopez, M., J.
c. If the lookout was not present when homicide
2.2. such act was accomplished through the use There is conspiracy when two or more persons come to an
and rape were committed, he will only be liable
of force, threat, or intimidation. agreement concerning the commission of a felony and decide to
for the homicide under the conspiracy theory.
commit it. Proof of the actual agreement to commit the crime
3. The testimony of AAA is sufficient to establish that
Liability for prior acts need not be direct because conspiracy may be implied or inferred
Carlo and his three companions had carnal
The liability of a conspirator for acts performed by his knowledge of AAA and that they employed force to from their acts.
co-conspirators before he joined the conspiracy depends consummate the bestial acts. It is settled that force WON Ronald is guilty of the special complex crime of robbery
on the nature of those acts: need not be irresistible but just enough to bring with homicide.
a. If the prior acts were the beginning of a felony about the desired result.
1. YES. Ronald is guilty of the special complex crime
which was consummated after he joined, he is 4. The CA and the RTC likewise properly appreciated of robbery with homicide.
liable for prior acts; the existence of the conspiracy. Jurisprudence
2. The special complex crime of robbery with homicide
b. If they were separate felonies unrelated to those consistently teaches us that conspiracy may be
has the following elements, to wit:
committed after he joined, NOT liable. deduced from the mode and manner in which the
offense was perpetrated, showing that at the time of 2.1. the taking of personal property with the use
People v. Diega 2021 Lopez, M., J. of violence or intimidation against the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 57 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

person; People v. Bangcado

7. Here, the implied conspiracy between Ronald and
re Doctrine of Limited Liability
2.2. the property taken belongs to another; his three companions is evident from the mode and
manner in which they perpetrated the crime. In the absence of any previous plan or agreement to
2.3. the taking is characterized by intent to gain
commit a crime, the criminal responsibility arising from
or animus lucrandi; and 7.1. First, Ronald and the three other men were
different acts directed against one and the same person is
shown to have acted in concert not only in
2.4. on the occasion of the robbery or by reason individual and not collective, and that each of the
thereof the crime of homicide was going together at the crime scene but also in
participants is liable only for his own acts. Consequently,
committed. purposely following the jeepney.
Banisa must be absolved from criminal responsibility for
3. All the elements are present in this case. 7.2. Second, the spontaneity of the attack and the assault on the victims. It is clear that neither the
the simultaneous actions of Ronald and his victims nor Banisa could have anticipated Bangcado's act
4. Herminia and Marieta were certain that it was companions show that they had one of shooting the victims since the attack was sudden and
Ronald who boarded the jeepney, wielded an ice objective in mind - to commit robbery. without any reason or purpose. Thus, the criminal design
pick and declared a hold-up. They also narrated how
7.3. Third, as soon as they achieved their of Bangcado had not yet been revealed prior to the
Ronald forcibly divested them of their personal
common purpose, Ronald fled together with killings.
belongings. Thereafter, Ronald alighted from the
jeepney and drove the tricycle where his three the three other men.
companions were waiting. Evidently, the taking was 7.4. Fourth, Ronald maneuvered the tricycle
People v. Bagano
with intent to gain and was accomplished with around so that his companion can shoot the
intimidation against persons. police officer to ensure their escape. For conspiracy to exist, it is sufficient that at the time of
the commission of the offense the accused had the same
5. Carlo and PO2 Magno approached the scene and it 7.5. Fifth, Ronald did nothing after the incident.
purpose and were united in its execution. Proof of an
was then that Ronald maneuvered the tricycle and
8. All these acts point to the conclusion that Ronald actual planning of the perpetuation of the crime is not a
his companion shot PO2 Magno in the head. Verily, and the three other men are co-principals who condition precedent.
Ronald's primary objective was to rob the jeepney conspired to commit the crime.
passengers. The killing of PO2 Magno was only From the mode and manner in which the offense was
incidental to prevent the apprehension of the 9. Lastly, it is too late for Ronald to question the perpetrated, and as can be inferred from their acts, it is
robbers and facilitate their escape. legality of his warrantless arrest in view of his evident that Bagano and Cañete were one in their
arraignment and active participation at the trial. intention to kill Montecino. The fact that it was Bagano
6. More importantly, the CA and the RTC properly
who delivered the fatal blow on Montecino and Cañete's
appreciated the existence of conspiracy.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 58 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

participation was limited to a mere embrace is conspiracy. Singularity of purpose and unity in the crime does not automatically make him a co-conspirator.
immaterial. Conspiracy bestows upon them equal liability; execution of the unlawful objective are essential to Both knowledge of and participation in the criminal act
hence, they shall suffer the same fate for their acts. establish conspiracy. are also inherent elements of an accomplice. In cases of
doubt as to whether persons acted as principals or
Mere knowledge, acquiescence, or agreement to cooperate, is
accomplices, the doubt must be resolved in their favor
not enough to constitute one as a party to a conspiracy, absent
People v. Verceles any active participation in the commission of the crime, with a and they should be held guilty as accomplices.

Conspiracy has been sufficiently proved by the view to the furtherance of the common design and purpose.
prosecution. Accused-appellants were one in design with Conspiracy transcends companionship. The presence and
company of Lemuel were not necessary or essential to the People v. Canturia
accused Mamerto Soriano in taking personal properties
belonging to others without the latter’s consent by perpetration of the murder. Only Canturia should be held responsible for the crime
breaking one of the windows to be used as their ingress. because he alone perpetrated the detestable crime of
In the course of the robbery, one of them, particularly rape. The others could not be held liable therefor. For
Mamerto Soriano, succumbed to lustful desires and raped Garcia v. CA while the evidence does show a conspiracy among the
Maribeth Bolito while accused-appellants just stood Conspiracy was alleged in the information. Thus, it is not accused, it also suggests that the agreement was to
outside the door and did nothing to prevent Mamerto necessary to allege with exactitude the specific act of the commit robbery only; and there is no evidence that the
Soriano. accused, as it is a well-settled doctrine that in conspiracy other members of the band of robbers were aware of
Canturia's lustful intent and his consummation thereof so
Once conspiracy is established between two accused in the act of one is the act of all.
the commission of the crime of robbery, they would be that they could have attempted to prevent the same.
Neither is the fact that the two others allegedly in
both equally culpable for the rape committed by one of conspiracy with the petitioner were not named with Said other members of Canturia's band may and should be
them on the occasion of the robbery, unless any of them particularity, nor tried and convicted, of any moment. An held guilty of the crime of robbery by a band under Article
proves that he endeavored to prevent the other from information alleging conspiracy can stand even if only 294, No. 5, in relation to Article 296.
committing the rape. one person is charged except that the court cannot pass
verdict on the co-conspirators who were not charged in
the information. Sim v. CA
People v. Compo re Implied Conspiracy
However, the mere fact that the petitioner had prior
The mere presence of Lemuel, who was not shown to be Conspiracy is deemed implied when the malefactors
knowledge of the criminal design of the principal
armed, at the scene of the crime does not connote perpetrator and aided the latter in consummating the have a common purpose and were united in its execution.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 59 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Spontaneous agreement or active cooperation by all appellant and any of his sons. Relationship or Under Article 8 of the RPC, a conspiracy exists when two
perpetrators at the moment of the commission of the association alone is NOT a badge of conspiracy. or more persons come to an agreement concerning the
crime is sufficient to create joint criminal responsibility. commission of a felony and decide to commit it. Here,
His acts, however, demonstrated his concurrence in their
Notwithstanding the fact that it was only Elison who dealt appellants acted in concert in killing Pepito and taking his
aggressive design and lent support to their nefarious
with or personally transacted with private complainant properties, with their individual acts manifesting a
intent and afforded moral and material support to their
until the time the sale was consummated, by his own community of purpose and design to achieve their evil
attack against the victims. Hence, we are convinced he
testimony petitioner admitted all the acts by which he purpose.
must be held liable as accomplice in the commission of
actively cooperated and not merely acquiesced in the crimes. Conspiracy having been established as earlier discussed,
perpetrating the fraud upon private complainant. That the appellants are guilty of Robbery under Article 294(5) of
petitioner is a conspirator having joint criminal design the RPC.
with Elison is evident from the fact that as between them, People v. Camarino 2020
both knew that petitioner was the person selling the
vehicle under the false pretense that a certain Henry Conspiracy exists when two or more persons come to an
Liability for Multiple Commission of
agreement concerning the commission of a felony and 3
Austria was the registered owner. Petitioner, together Crimes
with Elison, clearly deceived private complainant in decide to commit it. The agreement to commit a crime
order to defraud him. may be deduced from the mode and manner of the The four forms of REPETITION
commission of the offense or inferred from acts that point
1. Recidivism
to a joint purpose and design, concerted action, and
community of intent. 2. Reiteracion or habituality
People v. Rafael
Accused-appellants' collective and individual acts 3. Multi-recidivism or habitual delinquency Art 62[5]
Appellant's participation in the commission of the crimes (Extraordinary aggravating) — if within a period of
demonstrating the existence of a common design is
consisted of his presence at the locus criminis, and his ten years from the date of his release or last
evident from the unrebutted testimony of Eugenio that he
shouting "Patayin, patayin iran amen!" (Kill them all!) during conviction of the crimes of serious or less serious
heard one of the accused-appellants order his companions
the later stage of the fatal incident. The prosecution physical injuries, robo, hurto, estafa or falsification, he
to retreat, which they all did, upon the arrival of police
witnesses did not see him bearing any weapon or using is found guilty of any of said crimes a third time or
reinforcement.
one to inflict any injury on the victims. He did not run oftener.
away with the two other accused still at large. Thus, we are
far from convinced that conspiracy existed between 4. Quasi-recidivism Art 160 (Special aggravating) —
People v. Natindim 2020 commits a felony after having been convicted by

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 60 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

final judgment, before beginning to serve such Quasi Habitual Quasi Habitual
sentence, or while serving the same, shall be Recidivism Reiteracion Recidivism Reiteracion
Recidivism Delinquency Recidivism Delinquency
punished by the maximum period of the penalty
prescribed by law for the new felony. Serving Generic Generic Special Extraordinary
sentence for Aggravating Aggravating Aggravating Aggravating
Offense
Habitual delinquent Recidivist Need not be an offense
which the Can be Can be Can not be Can not be
embraced punished
accused was offset offset offset offset
Conviction a 3rd time or under the under the
Requires 2nd conviction previously
oftener same Title RPC or SPL, Robbery,
convicted of serves to serves to serves to
of the RPC; while the theft, increase increase increase Additional
serious or less serious and of
BOTH offense that serious or penalty to penalty to penalty to penalty is
physical injuries, robo, which he is
Crimes Same title offenses he commits less serious maximum maximum maximum imposed.
hurto, estafa or convicted
however while PI, estafa or period. period. period.
falsification anew must
must be serving falsification
be embraced
Within 10 years from his punished sentence Additional
Intervening under the
last release or conviction immaterial under the must be Always Not always Always penalty
period same Title
for any of specified crimes RPC. punished aggravating aggravating aggravating always
of the RPC.
under the imposed
After RPC.
Succeeding
After conviction for commission of Requisites of Habitual Delinquency
offense Previous Previous Previous
preceding offense preceding 1. At least three of the specified crimes be present, on
committed conviction Service of conviction conviction
offense the preceding 2 of which the accused has been
by final sentence is by final by final convicted by final judgment;
Imposition of additional Aggravates judgment is required. judgment is judgment is
Results in 2. Interval between first conviction or release and the
penalty crime enough. enough. enough.
2nd conviction must not exceed 10 years. Such
Within 10 interval must be maintained for the succeeding
No period No period No period
years from offenses;
between between between
release or last 3. The 2nd felony must have been committed after
convictions. convictions. convictions.
conviction conviction or release in the first felony, and the 3rd

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 61 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

felony must have been committed after conviction or

If the act or acts complained of resulted from a single i. Delito compuesto;
release in the 2nd felony. criminal impulse, it constitutes a single offense.
ii. Delito complejo.
➔ Offenses committed and convictions at or about the
ART 48. Penalty for complex crimes. — 2. Special complex crimes;
same time shall be considered as only ONE in
reckoning the required 3 convictions. 1. (Compound crime or delito compuesto) When 3. Continued, continuous or continuing crimes.
a single act constitutes two or more grave or
b. Real or material — There are different crimes in law
Plurality of Crimes less grave felonies, or
as well as in the conscience of the offender. They are thus
D
Real and Ideal 2. (Complex crime proper or delito complejo) SEPARATELY punished.
when an offense is a necessary means for
Absorption System committing the other, Special from ordinary
4. Special complex crimes are those specifically designated
Single Impulse Rule the penalty for the most serious crime shall be
by law to be penalized as one felony, although composed
imposed, the same to be applied in its maximum
Compound Complex Crime of many crimes.
period.
Complex Crime Proper 5. May consist of crimes punished under SPLs, whereas
Plurality of crimes the complex crime in Art 48 contemplates of felonies
Special Complex Crime 1. Consists in the successive execution by the same punished under the RPC.
Continuous/Continued Crime individual of different criminal acts upon any of which
Kinds of ordinary complex crimes
no conviction has yet been declared.
Continuing Crime
2. If there has been a conviction for one or some of them, Compound Complex Crime
3
1 Absorption System the rules on recidivism, quasi-recidivism, reiteracion, Revised Penal Code, Art. 48
or habitual delinquency may instead be applied.
If one of the offense is an element of another, the former Compound crime. Requisites:
is deemed absorbed by the latter and there is only one 3. There are two kinds
a. Only a single act is performed;
crime. a. Formal or ideal — Multiple crimes committed from
b. It produces
the same criminal intent are punished with ONE
2 Single Impulse Rule penalty: i. 2 or more grave felonies, or

1. Complex crime; ii. one or more grave and one or more less grave
felonies, or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 62 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

iii. 2 or more less grave felonies. Appellants and their co-accused simultaneous act of different rule may be applied, that is to say, the killings
riddling the vehicle boarded by Mayor Tawan-tawan and would be treated as separate offenses.
Complex Crime Proper his group with bullets discharged from their firearms
4 Thus, appellants are liable for the separate crimes of two
Revised Penal Code, Art. 48 when the said vehicle passed by, resulted in the death of
(2) counts of murder and seven (7) counts of attempted
two security escorts of Mayor Tawan-tawan.
Complex crime proper. Requisites: murder.
Evidently, there is in this case no complex crime proper.
a. At least 2 offenses are committed; As to penalty
And the circumstances present in this case do not fit
b. One or some of the offenses must be necessary to exactly the description of a compound crime. Applying the Indeterminate Sentence Law in the case of
commit the other;
c. All of the offenses must be punished under the
⭐As held in People v. Valdez, each act by each attempted murder,
1. the maximum shall be taken from the medium
gunman pulling the trigger of their respective
same statute. firearms, aiming each particular moment at period of prision mayor, which is 8 years and 1 day
different persons constitute distinct and to 10 years,
People v. Orias 2010 individual acts which cannot give rise to a 2. while the minimum shall be taken from the
Orias should be convicted of three (3) counts of murder and complex crime. penalty next lower in degree, i.e., prision
NOT of the complex crime of multiple murder In People v. Lawas, the Court was "forced" to find all the correccional, in any of its periods, the range of
accused guilty of only one offense of multiple homicide. which is 6 months and 1 day to 6 years.
The three (3) crimes of murder did not result from a single
act but from several individual and distinct acts. Deeply However, as this Court held in People v. Remollino, the
rooted is the doctrine that when various victims expire from Lawas doctrine is more of an exception than the general
separate shots, such acts constitute separate and distinct rule. Napolis v. CA cited in Fransdilla v. People 2015
crimes. Here, conspiracy is very much evident from the The complex crime of robbery in an inhabited house by
In the instant, the acts of Orias and Elarcosa demonstrate actuations of the appellants and their co-accused. armed persons and robbery with violence against or
the existence of conspiracy, thereby imputing collective Collective responsibility replaced individual responsibility. intimidation of persons was committed when the
criminal responsibility upon them, as the act of one is the The Lawas doctrine, premised on the impossibility of accused, who held firearms, entered the residential house
act of all. determining who killed whom, cannot be applied. of the victims and inflicted injury upon the victims in the
process of committing the robbery. Hence, the penalty is
The current rule is where several killings on the same
that imposed for the robbery in an inhabited house, the
occasion were perpetrated, but not involving prisoners, a
People v. Nelmida 2012 En Banc more serious crime. Citing Napolis v. CA, the CA correctly

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 63 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

ruled that all the accused, including Fransdilla, were guilty abduction. Therefore, Garcia should be convicted of one Rather, the killing assumes the political
of committing the complex crime of robbery in an complex crime of forcible abduction with rape and three complexion of rebellion.
inhabited house under Article 299, and robbery with separate acts of rape. c. When the political offense doctrine is asserted as
intimidation or violence under Article 294. a defense in the trial court, it becomes crucial for
the court to determine whether the act of killing
Santiago v. Garchitorena was done in furtherance of a political end, and for
People v. Garcia the political motive of the act to be conclusively
The 32 Amended Informations reproduced verbatim the
demonstrated.
The crime of forcible abduction with rape is a complex allegation of the original information, except that instead
crime that occurs when there is carnal knowledge with the of the word "aliens" in the original information each
Ocampo v. Abando 2014 En Banc
abducted woman under the following circumstances: amended information states the name of the individual
whose stay was legalized. The 32 Amended Informations Whether the murder charges against petitioners should be
1) by using force or intimidation;
aver that the offenses were committed on the same period dismissed under the political offense doctrine.
2) when the woman is deprived of reason or of time. The strong probability even exists that the
otherwise unconscious; and NO. The political offense doctrine is not a ground to
approval of the application for the legalization of the stay
dismiss the charge against petitioners prior to a
3) when the woman is under twelve years of age or is of the 32 aliens was done by a single stroke of the pen, as
determination by the trial court that the murders were
demented. when the approval was embodied in the same document.
committed in furtherance of rebellion.
Garcia is guilty of the complex crime of forcible abduction As held in the case of Prosecutor of Zamboanga v. CA, if
Political Offense Doctrine
with rape. He should also be held liable for the other three during trial, petitioners are able to show that the alleged
counts of rape committed by his three co-accused, a. Common crimes, perpetrated in furtherance of a
murders were indeed committed in furtherance of
considering the clear conspiracy among them. political offense, are divested of their character
rebellion, the trial court shall dismiss the murder charges
as “common” offenses and assume the political
However, as correctly held by the trial court, there can upon the filing of the Information for simple rebellion, as
complexion of the main crime of which they are
only be ONE complex crime of forcible abduction with long as petitioners would not be placed in double
mere ingredients, and, consequently, cannot be
rape. The crime of forcible abduction was only necessary jeopardy.
punished separately from the principal offense,
for the first rape. Thus, the subsequent acts of rape can no or complexed with the same, to justify the
longer be considered as separate complex crimes of imposition of a graver penalty.
forcible abduction with rape. They should be detached 5 Special Complex Crime
from and considered independently of the forcible b. When a killing is committed in furtherance of
rebellion, the killing is not homicide or murder.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 64 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

1. Component crimes in a special complex crime have 2. When the crimes involved are subject to the rule of d. Art 312 Usurpation of real rights with serious
no attempted or frustrated stages because the absorption of one crime by the other; physical injuries;
intention of the offenders is to commit the principal
3. Where the two offenses resulting from a single act e. Art 275 Abandonment of persons in danger
crime which is to rob but in the process of and Art 276-278 crimes against minors with
are specifically punished as a single crime (Art 265
committing the said crime, another crime is
par 2). any other felony.
committed.
4. Special complex crimes; NB: Complexing is ‘legally impossible’ because
2. As held in People v. Jugueta, in special complex
the provisions expressly state that the
crimes like robbery with homicide where the penalty a. Art 266-B Rape with homicide;
penalty for such felonies is in addition to
imposed is reclusion perpetua, the awards for civil b. Art 267 Kidnapping with homicide and/or those imposed on the other felonies
indemnity, moral damages, and exemplary damages rape; committed.
are now uniformly pegged at P75K. The award of
c. Art 294 Robbery with homicide or rape or
temperate damages is also increased to P50K. Rules on Robbery and Homicide
intentional mutilation or arson;
1. If homicide was consummated, the case will be a
Inapplicability of Art 48 d. Art 297 Attempted or frustrated robbery special complex crime of either Art 294, wherein
1. When the crime subject of the case are covered by with homicide; robbery was consummated, or Art 297, wherein it
the doctrine of common elements; e. Art 320 Destructive arson. was merely attempted or frustrated.
a. There can be no complexing wherein two 5. When the crimes involved cannot be legally 2. If the homicide was not consummated, but was a
felonies have a common element and such complexed: necessary means to commit any stage of the
element is used to complete the robbery, Art 48 applies.
a. Art 129 Search warrants maliciously
requirements for integrating one crime, the
obtained and abuse in the service of those 3. If the homicide was neither consummated nor
other crime would be incomplete in that
legally obtained with perjury; necessary to robbery, these felonies are separate and
element and consequently, non-existent.
distinct offenses.
b. Art 210 Bribery with infidelity in the custody
b. Thus, there can be NO complex crime of
of prisoners;
estafa through falsification of a private People v. Dillatan 2018
document as both crimes require damage as c. Art 235 Maltreatment of prisoners with
an element which is used for one renders the serious physical injuries; The component crimes in a special complex crime have
other incomplete. no attempted or frustrated stages.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 65 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

mere accident, provided that the homicide is produced by criminal intent or purpose, which means that two or
Thus, as in the present case where, aside from the killing more violations of the same penal provisions are
of Homer, the Spouses Acob, on the occasion of the same reason or on occasion of the robbery.
united in one and the same intent or resolution
robbery, also sustained injuries, regardless of the severity, leading to the perpetration of the same criminal
the crime committed is still robbery with homicide as the
People v. Pulusan purpose or aim.
injuries sustained by the Spouses Acob are subsumed
under the generic term "homicide" and, thus, become 2. According to Guevarra, in appearance, a delito
A conviction for highway robbery requires proof that the
continuado consists of several crimes but in reality
part and parcel of the special complex crime of robbery accused were organized for the purpose of committing
there is only one crime in the mind of the
with homicide. robbery indiscriminately. There is no such proof in this
perpetrator.
case. The trial court thus correctly found Pulusan and
Rodriguez guilty of the crime of robbery with homicide 3. Padilla views such offense as consisting of a series of
People v. Aspili aggravated by rape under Article 294(1). acts arising from one criminal intent or resolution.

Neither in law nor in jurisprudence is there an We must state that regardless of the number of homicides Delito continuado Continuing crime
aggravating circumstance as robbery in band. More committed on the occasion of a robbery, the crime is still
importantly, the evidence shows that what was committed robbery with homicide. In this special complex crime, the A single crime produced by
One which is consummated
is the special complex crime of robbery with homicide number of persons killed is immaterial and does not several acts performed
in one place but by reason of
aggravated by rape. increase the penalty prescribed in Art. 294. There is NO separately during a period
the nature of the offense,
crime of robbery with multiple homicide. Moreover, of time under a single
The original design of the malefactors was to commit robbery in the violation of the law is
whenever the special complex crime of robbery with criminal intent in violation
order to facilitate their escape from the penal colony. Their deemed continuing.
homicide is proven to have been committed, all those who of a single penal provision.
original intent did not comprehend the commission of
rape. Hence, the rape is deemed to aggravate the crime took part in the robbery are liable as principals therein
To determine the proper
but damages or indemnification for the victim may be although they did not actually take part in the homicide.
Its purpose is to treat venue, validity of arrest and
awarded. Instead of ignominy, it is the rape itself that several acts as one crime the commencement of the
aggravates the crime. running of prescription.
6 Continuous/Continued Crime
With respect to the deaths of Daisy Gonzales and Yolanda
Argue, the appellants are clearly liable therefor since, as 1. For delito continuado to exist there should be a
held by this Court in People v. Mangulabnan, it is plurality of acts performed during a period of time; 7 Continuing Crime
immaterial that the death of a person supervened by unity of penal provision violated; and unity of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 66 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Examples and Effects of Continuing crimes Three-Fold Rule b) The new or amendatory law is not favorable to
him; or
1. Kidnapping with homicide;
Indeterminate Sentence Law
2. The term of prescription commences to run from the c) Retrospective application is expressly
Anti-Death Penalty Law proscribed.
date the crime ended;
3. BP 22. — Thus, venue may be had either at the place Pecuniary Liabilities 5) The favorable effect of a new law may find the
where the check was issued, drawn, or dishonored. defendant in one of these situations:
Nullum crimen, nulla poena sine lege
4. Rebellion. — a rebel may be arrested at any time 1 a) Prosecution begins;
art. 21
without need of a warrant as he is deemed to be in b) Sentence has been passed but service has not
the act of committing the offense at any time. ART 21. Penalties that may be imposed. — No felony begun;
shall be punishable by any penalty not prescribed by c) Sentence is being carried out.
E Penalties law prior to its commission.
6) A person shall be deemed to be a habitual delinquent,
Nullum crimen, nulla poena sine lege Notes if within a period of ten years from the date of his
1) The law must exist prior to the commission of the release or last conviction of the crimes of serious or
Philosophical Theories less serious physical injuries, robo, hurto, estafa or
crime.
Classification of Penalties falsification, he is found guilty of any of said crimes
2) Regardless of the number of aggravating
a third time or oftener. (Art 62[5])
Duration and Effects of Penalties circumstances, the penalty cannot go higher than
that prescribed by law, unless the nature of the 7) Criminal liability under a repealed law subsists:
Application and Graduation of Penalties
crime has changed. a) When the provisions of the former law are
Accessory Penalties 3) The penalty for habitual delinquents may be higher reenacted;

Preventive Imprisonment than that prescribed by the law defining the crime, b) When repeal is by implication; OR
as there is another provision of law providing such.
Subsidiary Penalty c) When there is a saving clause.
4) The general rule is that penal laws shall have a
Community Service retroactive effect insofar as they favor the person Government of HKSAR v. Muñoz 2016 En Banc
Release on Recognizance guilty of a felony except
The crime of accepting an advantage as an agent in
a) If the offender is a habitual delinquent;
Successive Service of Sentence

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 67 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Section 9 of HKSAR's POB penalizes the unauthorized Rimando v. COMELEC En Banc

All told, petitioner should be absolved of any criminal
giving and receiving of bribes or other benefits as a result liability, consistent with the doctrine of nullum crimen,
Whether the head of the agency who failed to secure a permit for
of acting on behalf of one's principal. nulla poena sine lege—there is no crime when there is no
exemption from the Commission is guilty of an election offense or
In our jurisdiction, when such happens in the private not. law punishing it.
sector as is alleged in the instant case, the same is not a
NO. Mere possession of unlicensed firearms is already
crime as no law-defines and punishes such an act. Nullum
punishable by statute as a crime. Hence, the owner,
crimen nulla poena sine lege. There is no crime where there
manager or operator of the security agency that obtains 2 Philosophical Theories
is no law punishing it. Hence, this crime does not satisfy
unlicensed firearms and issues the same to security 1) prevention of crime;
the double criminality requirement in extradition
guards in its employ is undeniably criminally liable.
proceedings. 2) self-defense for the protection of society;
Moreover, the law on illegal possession of firearms has
been amended to specifically penalize the owner, 3) reformation of the criminal;
president, manager, director, or other responsible officer 4) exemplarity to deter others from committing
Villareal v. People 2012
of any public or private firm or entity who knowingly crimes; and
Although courts must not remain indifferent to public allows the use of unlicensed firearms by his personnel.
5) justice.
sentiments, in this case the general condemnation of a Under Section 261 (s) of the Omnibus Election Code, the
hazing-related death, they are still bound to observe a punishable act is the bearing of arms outside the 3 Classification of Penalties
fundamental principle in our criminal justice immediate vicinity of one's place of work during the
system—Nullum crimen, nulla poena sine lege. election period and not the failure of the head or As to Gravity Penalty
Even if an act is viewed by a large section of the populace responsible officer of the security agency to obtain prior
written COMELEC approval. Capital Death
as immoral or injurious, it cannot be considered a crime,
absent any law prohibiting its commission. As In any event, there is likewise nothing in R.A. 7166 that Reclusion perpetua
interpreters of the law, judges are called upon to set aside expressly penalizes the mere failure to secure written Reclusion temporal
emotion, to resist being swayed by strong public authority from the COMELEC as required in Section 32
sentiments, and to rule strictly based on the elements of Afflictive Perpetual or temporary absolute
thereof. Such failure to secure an authorization must still
the offense and the facts allowed in evidence. be accompanied by other operative acts, such as the disqualification
bearing, carrying or transporting of firearms in public Perpetual or temporary special
places during the election period.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 68 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

As to Gravity Penalty As to Gravity Penalty Time included in its

Penalties
disqualification Indemnification entirety min med max
Prision mayor Forfeiture or confiscation of instruments
suspension
and proceeds of the offense
Prisión correccional and destierro
Payment of costs
Arresto mayor
Correctional 1M 1D 1M 2M 1D 4M 1D
NB: RA 9346 abolished death penalty; converts death Arresto mayor to to to to
Suspension
penalty to RP or Life Imprisonment (Pp v. Bon) 6M 2M 4M 6M
Destierro
4 Duration and Effects of Penalties
Arresto menor Arresto menor 1 - 30D 1 - 10D 11 - 20D 21 - 30D
Light
Public censure Time included in its
Penalties Effects of Penalties
Afflictive Fine > 1.2M entirety min med max PTAD = Perpetual or Temporary Absolute DQ;
Correctional Fine of 40K to 1.2M 14Y 8M 17Y 4M PTSD = Perpetual or Temporary Special DQ.
12Y 1D 12Y 1D
Light Fine < 40K Reclusion 1D 1D 1. PTAD for public office
to to
temporal to to
Bond to keep the peace 20Y 14Y 8M a. Deprivation of
17Y 4M 20Y
Perpetual or temporary absolute i. Public office and employments, even if by
disqualification Prision mayor, election;
6Y 1D 6Y 1D 8Y 1D 10Y 1D
absolute DQ
to to to to ii. Right to vote or to be voted upon.
Perpetual or temporary special and special
N/A disqualification 12Y 8Y 10Y 12Y b. DQ for the offices or public employments and for
temporary DQ
the exercise of any of the rights mentioned;
Suspension from public office the right to
vote and be voted for the profession or 6M 1D 6M 1D 2Y 4M 4Y 2M c. Loss of right to retirement pay or pension
Prisión
calling to to 1D to 1D to
correccional,
6Y 2Y 4M 4Y 2M 6Y
Civil interdiction

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 69 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

NB: Perpetual DQs last during lifetime of i. Rights of parental authority or guardianship; 3. Suspension from the employment of public office
convict, while temporary DQs last during during the trial or in order to institute proceedings.
ii. Marital authority;
term of the sentence,
iii. Right to manage his property and of the 4. Fines and other corrective measures which, in the
EXC right to dispose of such property inter vivos.
exercise of their administrative disciplinary powers,
superior officials may impose upon their
a. Public office or employment; NB: But can dispose by will or donation mortis causa. subordinates.
b. Loss of all rights to retirement pay or other 6. Bonds to keep the peace 5. Deprivation of rights and the reparations which the
pension.
a. present two sufficient sureties who shall civil laws may establish in penal form. (Art 24)
2. PTSD for public office, profession or calling undertake that such person will not commit the
a. Deprivation of the office, employment, offense sought to be prevented; Application and Graduation of
profession or calling; 5 Penalties
b. deposit such amount in the office of the clerk of
Revised Penal Code, Arts. 46, 50-57, 61-65 and 76-77
b. DQ for holding similar offices or employments. the court to guarantee said undertaking;
3. PTSD for the exercise of right of suffrage c. If offender fails to give the bond as required he
shall be detained for a period which shall in no People v. Zacarias
a. Deprivation of the right to vote and be voted
upon; case exceed six months, if he shall have been In the scales of penalties under the RPC, reclusion perpetua
prosecuted for a grave or less grave felony, and is the penalty immediately higher than reclusion temporal
b. Cannot hold any public office. shall not exceed thirty days, if for a light felony. which has a duration of twelve years and one day to twenty
4. Suspension from public office, profession or calling, years. The minimum range of reclusion perpetua should
What are not penalties
or the right of suffrage then, by necessary implication, start at 20 years and 1 day
1. The arrest and temporary detention of accused
a. DQ from holding such office or exercising such while the maximum thereunder could be co-extensive
persons, as well as their detention by reason of
profession or calling, or right of suffrage; with the rest of the natural life of the offender. Article 70,
insanity or imbecility, or illness requiring their
however, provides that the maximum period in regard to
b. If suspended from public office, cannot hold confinement in a hospital.
the service of sentence shall not exceed 40 years.
another office having similar functions.
2. The commitment of a minor to any of the Reclusion perpetua remains to be an indivisible penalty
5. Civil interdiction institutions mentioned in Article 80 and for the and, when it is the prescribed penalty, should be imposed
a. Deprivation of purposes specified therein. in its entirety, i.e., reclusion perpetua sans a fixed period

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 70 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

for its duration, regardless of any mitigating or Reclusion perpetua Life Imprisonment 4. Presence of 2 or more mitigating with no
aggravating circumstance that may have attended the aggravating (Art 64[5]).
commission of the crime. In prescribing the penalty of does not carry with it any
has accessory penalties
reclusion perpetua, its duration in years, in fine, need not accessory penalty Effect of special aggravating circumstance
be specified. Penalty to be imposed shall be in its MAXIMUM
entails imprisonment for at
regardless of mitigating circumstances.
least thirty (30) years after
which the convict becomes 1. Advantage of public position;
People v. Latupan does not appear to have any
eligible for pardon, 2. By an organized/syndicated crime group;
definite extent or duration
The proper imposable penalty is reclusion perpetua, not although the maximum
An organized/syndicated crime group means a
life imprisonment. Obviously, the trial court intended to period thereof shall in no
group of two or more persons collaborating,
impose reclusion perpetua. However, the penalty of life case exceed forty (40) years
confederating or mutually helping one another
imprisonment is not the same as reclusion perpetua.
for purposes of gain in the commission of any
They are distinct in nature, in duration and in accessory By degree By period Always MAX
crime.
penalties.
Stage of Ordinary Special 3. Quasi-recidivism;
Hence, the proper penalty for each murder, considering
commission aggravating aggravating
the absence of aggravating and mitigating circumstances, 4. Ordinary complex crimes.
is reclusion perpetua, with its accessory penalties.
Further, accused-appellant is liable for two counts of
Participation
Ordinary
Delito complejo
⭐Thus, the maximum period of the prescribed penalty
mitigating becomes the DEGREE. To get the proper period, divide
slight physical injuries and must be sentenced to twenty this maximum period into 3 equal periods.
(20) days of arresto menor, each, likewise with its accessory Privileged
penalties. mitigating Inapplicability of graduation by period
1. Only indivisible penalties are involved (Art 63);
Factors to consider to graduate by degree
2. Penalty consists only of a fine (Art 66);
Reclusion perpetua Life Imprisonment 1. Nature of participation of accused;
3. Offenses penalized by SPL, unless divisible penalties
2. Stage of execution of the felony (Arts 50-57);
for serious offenses in the RPC were adopted by the SPL to punish
prescribed under the RPC
penalized by special laws 3. Privileged mitigating circumstances (Arts 68-69); violations thereof; and
4. Felonies committed through negligence (Art 365).

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 71 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Graduation of Fine 3. Prision mayor Preventive Imprisonment

7 Revised Penal Code, Art. 29, as amended by R.A. No.
By degree a. Temporary absolute DQ; and
10592
ART 75. Take ¼ of the maximum amount to get the b. Perpetual special DQ from suffrage.
1) When the offense charged is nonbailable, or he
next degree lower, and so on 4. Prisión correccional cannot furnish the required bail.
By period a. Suspension from public office, profession or 2) Shall be credited in the service of their sentence
ART 66. The fine cannot go outside the limits calling; and consisting of deprivation of liberty, with the full
provided by law.
b. Perpetual special DQ from suffrage, if the time during which they have undergone preventive
a. maximum should not exceed the fine duration of imprisonment exceeds 18 imprisonment if the detention prisoner
prescribed by law months.
a) agrees voluntarily in writing
b. minimum should not be lower than that 5. Arresto — suspension of the right to hold office and
b) after being informed of the effects thereof
provided by law. the right of suffrage during the term of sentence.
and

Accessory Penalties Confiscation and forfeiture c) with the assistance of counsel

6
Revised Penal Code, Art. 25 of the proceeds or instruments of the crime. d) to abide by the same disciplinary rules
1. Every penalty imposed for the commission of a imposed upon convicted prisoners,
Accessory penalties inherent in principal
penalties felony shall carry with it the forfeiture of the EXC in the following cases:
proceeds of the crime and the instruments or tools
1. Death, when not executed a. When they are recidivists, or have been
with which it was committed.
a. Perpetual absolute DQ; and convicted previously twice or more times of any
2. Such proceeds and instruments or tools shall be crime; and
b. Civil interdiction for 30Y, if not expressly confiscated and forfeited in favor of the
remitted in the pardon. b. When upon being summoned for the execution
Government, unless they be property of a third
of their sentence they have failed to surrender
2. Reclusion perpetua and temporal person not liable for the offense, but those articles
voluntarily.
which are not subject of lawful commerce shall be
a. Civil interdiction for life or during sentence;
destroyed. 3) Otherwise, he shall only be credited to four-fifths
and
of his time under preventive imprisonment.
b. Perpetual absolute DQ.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 72 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

subsidiary imprisonment shall NOT exceed

4) Credit for the penalty of reclusion perpetua shall be 2) The subsidiary penalty of imprisonment in case of
one-third of the term of the sentence, and in no
deducted from 30 years. non-payment of the penalty of fine must be stated
case shall it continue for more than one year, and no
5) These offenders are NOT entitled to such credit: in the Judgment, otherwise it cannot be imposed
fraction or part of a day shall be counted against
despite non-payment of the fine. (Pp v. Alapan 2018)
a) Recidivists; the prisoner.
3) NO subsidiary penalty in the following cases
b) Those who failed to voluntarily surrender upon b) When the principal penalty imposed be only a
being summoned for the execution of their fine, the subsidiary imprisonment shall NOT a) When penalty imposed is HIGHER than prision
sentence; exceed six months if the culprit shall have been correccional;
prosecuted for a grave or less grave felony, and b) For failure to pay reparation of damage caused,
c) Habitual delinquents;
shall NOT exceed fifteen days, if for a light indemnification of consequential damages, and
d) Escapees; felony. cost of proceedings;
e) Those charged with heinous crimes. c) When the principal penalty imposed is HIGHER c) When penalty imposed is fine and a penalty not
than prision correccional, NO subsidiary to be executed by confinement in a penal
Subsidiary Penalty imprisonment shall be imposed upon the
8 Revised Penal Code, Art. 39, as amended by R.A. No. institution and which has no fixed duration.
culprit.
10159, Sec. 1 4) Unless the SPL provides that subsidiary
d) If the principal penalty imposed is not to be imprisonment shall not be imposed, then it may be
1) If the convict has no property with which to meet
executed by confinement in a penal institution, imposed. IOW, if the SPL is silent, subsidiary
the FINE mentioned in paragraph 3 of the next
but such penalty is of fixed duration, the convict, imprisonment is allowed.
preceding article, he shall be subject to a subsidiary during the period of time established in the
personal liability at the rate of one day for each preceding rules shall continue to suffer the same Community Service
amount equivalent to the highest minimum wage rate deprivations as those of which the principal 9 Revised Penal Code, Art. 88a, as inserted by R.A.
prevailing in the Philippines at the time of the rendition penalty consists. No. 11362, Sec. 3; A.M. No. 20-06-14-SC
of judgment of conviction by the trial court, subject to
e) The subsidiary personal liability which the 1) The court in its discretion may, in lieu of service in
the following rules:
convict may have suffered by reason of his jail, require that the penalties of arresto menor and
a) If the principal penalty imposed be prision insolvency shall not relieve him from the fine in arresto mayor be served by the defendant by
correccional or arresto and fine, he shall remain case his financial circumstances should
under confinement until his fine referred in the a) rendering community service in the place
improve.
preceding paragraph is satisfied, but his where the crime was committed,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 73 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b) under such terms as the court shall i) in jail, or §3. Recognizance Defined. — Recognizance is a mode
determine, of securing the release of any person in custody or
ii) in the house of the defendant as
detention for the commission of an offense who is
c) taking into consideration the gravity of the provided under Article 88.
offense and the circumstances of the case, unable to post bail due to abject poverty. The
6) However, if the defendant has fully complied with
court where the case of such person has been filed
d) which shall be under the supervision of a the terms of the community service, the court shall
shall allow the release of the accused on recognizance
probation officer. order the release of the defendant unless detained for
as provided herein, to the custody of a qualified
some other offense.
2) The defendant shall likewise be required to undergo member of the barangay, city or municipality where
rehabilitative counseling under the social welfare 7) The privilege of rendering community service in lieu the accused resides.
and development officer of the city or municipality of service in jail shall be availed of only once.
People v. Revilla, Jr. 2021 Lopez, M., J.
concerned with the assistance of the DSWD.
Moreno v. Sandiganbayan 2022 Napoles is not entitled to be released on recognizance
3) In requiring community service, the court shall
consider the welfare of the society and the Article 88a of the RPC did not state that sentence may be which is merely an alternative form of bail. RA No. 10389,
reasonable probability that the person sentenced served under "home care/house arrest" as prayed for by provides that recognizance is available to those who are
shall not violate the law while rendering the service. petitioner in her Motion and in this Petition. Instead, it entitled to bail, but are unable to post bail due to abject
merely provides that the penalties of arresto menor and poverty. However, it does NOT apply to those charged
4) Community service shall consist of with offenses punishable by death, reclusion perpetua, or
arresto mayor may be served by rendering community
a) any actual physical activity service at the discretion of the court. life imprisonment when evidence of guilt is strong.
b) which inculcates civic consciousness, and Here, the duration of the penalty meted to petitioner, i.e., Here, Napoles never claimed that she was an indigent.
6 years and one month up to 10 years, is within the Moreover, she was convicted of an offense punishable by
c) is intended towards the improvement of a
public work or promotion of a public service. duration of prision mayor. Verily, the Sandiganbayan has reclusion perpetua. Clearly, RA No. 10389, does not apply
no discretion to allow petitioner to serve her sentence by to her.
5) If the defendant violates the terms of the
rendering community service, more so, under "home
community service, §7. Disqualifications for Release on Recognizance. —
care/house arrest."
Any of the following circumstances shall be a valid
a) the court shall order his/her re-arrest and
ground for the court to disqualify an accused from
b) the defendant shall serve the full term of the availing of the benefits provided herein:
penalty, as the case may be, Release on Recognizance
10
R.A. No. 10389

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 74 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

a. The accused bad made untruthful statements g. The accused has a pending criminal case 7. Arresto menor,
in his/her sworn affidavit prescribed under which has the same or higher penalty to the
8. Destierro,
Section 5(a); new crime he/she is being accused of.
9. Perpetual absolute disqualification,
b. The accused is a recidivist, quasi-recidivist,
Successive Service of Sentence 10. Temporal absolute disqualification.
habitual delinquent, or has committed a 11
Revised Penal Code, Art. 70
crime aggravated by the circumstance of 11. Suspension from public office, the right to vote
reiteration; Material accumulation system and be voted for, the right to follow a profession
c. The accused or calling, and
When the culprit has to serve two or more penalties, he
i. had been found to have previously shall serve them simultaneously if the nature of the 12. Public censure.
escaped from legal confinement, evaded penalties will so permit otherwise, the following rules shall
Juridical accumulation system
sentence or be observed:
1. Notwithstanding the provisions of the rule next
ii. has violated the conditions of bail or In the imposition of the penalties, the order of their
preceding, the maximum duration of the convict's
release on recognizance without valid respective severity shall be followed so that they may be
sentence shall NOT be more than three-fold the
justification; executed successively or as nearly as may be possible,
length of time corresponding to the most severe of
should a pardon have been granted as to the penalty or
d. The accused had previously committed a the penalties imposed upon him. No other penalty
penalties first imposed, or should they have been served
crime while on probation, parole or under to which he may be liable shall be inflicted after the
out.
conditional pardon; sum total of those imposed equals the same
The respective severity of the penalties shall be maximum period.
e. The personal circumstances of the accused or
determined in accordance with the following scale:
nature of the facts surrounding his/her case 2. Such maximum period shall in no case exceed
indicate the probability of flight if released on 1. Death, forty (40) years.
recognizance; 2. Reclusion perpetua, 3. In applying the provisions of this rule the duration
f. There is a great risk that the accused may 3. Reclusion temporal, of perpetual penalties (pena perpetua) shall be
commit another crime during the pendency computed at thirty (30) years.
4. Prision mayor,
of the case; and
5. Prisión correccional, Three-Fold Rule
12
6. Arresto mayor, Revised Penal Code, Art. 70

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 75 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

usurpation of official functions, the threefold rule found Procedure

People v. Tena in Article 70 of the Revised Penal Code on successive 1. Getting the MAXIMUM range
service of sentences shall be observed.
This period of thirty (30) years vis-a-vis reclusion perpetua is a. Start with the imposable penalty of the RPC;
People v. Santos 2020 explained that:
reiterated in Article 70 of the code. Said article pertinently b. If there are privileged mitigating (Art 68-69), or
provides that in applying the so called “three-fold rule” The application of Article 70 should not yet to be taken special mitigating circumstances (Art 64[5]),
— i.e., that “when the culprit has to serve two or more into account in the court's imposition of the lower the penalty first by 1 degree or more, then
penalties, the maximum duration of the convict's sentence shall appropriate penalty. Article 70 speaks of "service" of start from there.
not be more than three-fold the length of time corresponding to the sentence, "duration" of penalty and penalty "to be
inflicted." Nowhere in the article is anything 2. Getting the MINIMUM range;
most severe of the penalties imposed upon him” — “the
duration of perpetual penalties (pena perpetua) shall be computed mentioned about the "imposition of penalty." It merely a. The degree next lower to the maximum range is
at thirty years.” provides that the prisoner cannot be made to serve the minimum range of the indeterminate
more than three times the most severe of these sentence.
It was thus incorrect for the Trial Court to specify the
penalties, the maximum of which is forty years.
duration of thirty (30) years in relation to the penalty of 3. Getting the MAXIMUM TERM
reclusion perpetua imposed by it on the accused in this case. Thus, courts should still impose as many penalties as a. Consider the presence of attendant
there are separate and distinct offenses committed, circumstances in order to determine the period
Thus, the imputation of a thirty-year duration to reclusion since for every individual crime committed, a of the penalty;
perpetua in Articles 27 and 70 only serves: corresponding penalty is prescribed by law. Each
single crime is an outrage against the State for which b. Said period shall be the actual maximum term
1. as the basis for determining the convict's eligibility
the latter, thru the courts of justice, has the power to of the indeterminate sentence;
for pardon; or
impose the appropriate penal sanctions. 4. Getting the MINIMUM TERM
2. for the application of the three-­fold rule in the
Hence, this Court must still impose the proper penalties a. Shall be taken from any period of the minimum
service of multiple penalties.
for each count of the crime of usurpation of official range, taking into consideration the factors
AND NOT as basis for the duration of the penalty functions duly proven. stated in People v. Ducosin
which is intended to be perpetual.
Inapplicability
Legaspi, Sr. v. People 2022 1. persons convicted of offenses punished with death
Indeterminate Sentence Law
13 penalty or life-imprisonment;
Considering that petitioner is convicted of 38 counts of Act No. 4103, as amended by R.A. No. 4203, Secs. 1-2

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 76 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

2. convicted of treason, conspiracy or proposal to c. Alternative circumstances — depends on the penalty to be imposed on a convict. This
commit treason; whether it mitigates or aggravates; penalty, as thus modified, is referred to as the

3. convicted of misprision of treason, rebellion, d. Complex crimes — always maximum; "imposable penalty."
sedition or espionage; 3. From this imposable penalty, the court chooses a
e. Crimes due to error in personae (Art 49), the
4. convicted of piracy; penalty for the lesser offense, as between that single fixed penalty (also called a straight penalty)
committed and intended, is imposed in the which is the "penalty actually imposed" on a
5. habitual delinquents;
maximum period; convict, i.e., the prison term he has to serve.
6. have escaped from confinement or evaded sentence;
f. Abuse of public position or membership in an 4. With the passage of the ISL, the law created a
7. those who having been granted conditional pardon organized syndicate (Art 62 par 1[a]) — prison term which consists of a minimum and
by the Chief Executive shall have violated the terms maximum period. maximum term called the indeterminate
thereof; sentence. Thus, the penalty actually imposed
g. Quasi-recidivism (Art 160) — maximum period;
8. whose maximum term of imprisonment does not under the pre-ISL regime became the maximum
exceed one year. h. Ordinary attendant circumstances may offset term under the ISL regime.
each other.
In summary
3. Apply the indeterminate sentence law, when
1. Determine first the degree before fixing the periods; People v. Simon
applicable.
a. Take the penalty for the principal in the
1. If the judgment which could be affected and modified
consummated stage as the starting point; People v. Temporada
by the reduced penalties provided in Republic Act No.
b. Disregard the attendant circumstances; Discussion on relevant terminologies 7659 has already become final and executory or the
c. Consider the factors in graduating by degree. 1. The RPC provides for an initial penalty as a general accused is serving sentence thereunder, then practice,
prescription for the felonies defined therein which procedure and pragmatic considerations would
2. Determine the proper period in accordance with warrant and necessitate the matter being brought to
Arts 62 and 64 by considering the following: consists of a range of period of time. This is what is
the judicial authorities for relief under a writ of habeas
referred to as the "prescribed penalty."
a. Ordinary mitigating — minimum period; corpus.
2. The Code provides for attending or modifying
b. Generic aggravating — maximum period; 2. Mitigating circumstances should be considered and
circumstances which when present in the
applied only if they affect the periods and the degrees of the
commission of a felony affects the computation of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 77 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

penalties within rational limits. imposable is the penalty next lower to that Prision mayor being the maximum of the inde­terminate
3. The final query is whether or not the Indeterminate prescribed by law. sentence, the minimum of the indeterminate pe­nalty is
Sentence Law is applicable to the case now before us. 2. Under Art. 71, the penalty next lower to reclusion within the range of the penalty next lower to it as
Apparently it does, since drug offenses are not tem­poral is prision mayor. prescribed by the RPC, i.e., prision correccional.
included in nor has appellant committed any act which
3. Because of the complex nature of the crime
would put him within the exceptions to said law and
committed, the penalty of prision mayor is to be
the penalty to be imposed does not involve reclusion Lumauig v. People 2014
applied in its maximum period.
perpetua or death.
The ISLaw, under Section 2, is not applicable to, among
4. How­ever, having in his favor the ordinary
4. It is held that Sec 1 of ISLaw refers to an offense under others, cases where the maximum term of imprisonment
mitigating circums­tance of plea of guilty without
a special law wherein the penalty imposed was not does not exceed one year. In determining “whether an
any offsetting aggravating circumstance, applying
taken from and is without reference to the RPC. indeterminate sentence and not a straight penalty is
Art. 64, par. 2, the penalty of prision mayor
maximum should be imposed in its minimum proper, what is considered is the penalty actually

range. imposed by the trial court, after considering the

People v. Cesar attendant circumstances, and not the imposable penalty.”
The proper method, thus, is
Accused-appellant pleaded guilty to and was convicted of In the case at bar, since the maximum of the imposable
the crime of direct assault upon a person in authority 1. to start from the penalty imposed by the RPC, i.e., penalty is six months, the ISLaw is not applicable. Thus, it
with homicide. This being a complex crime, the penalty reclusion temporal;
is proper to impose a straight penalty of four months
for the more serious crime should be imposed, the same to be 2. then apply the privileged mitigating circumstance and one day of arresto mayor and delete the imposition of
applied in its maximum period. The more serious crime is of minority and determine the penalty fine.
homicide punishable by reclusion temporal (the prescribed immediately inferior in degree, i.e., prision mayor;
penalty). and
Accused has to his credit two mitigating circumstan­ces: 3. finally, apply the same in its maximum degree due Cajigas v. People
the special or privileged mitigating circumstance of to the complex nature of the crime Applying the ISLaw,
minority and the ordinary mitigating circumstance of
4. but within the minimum range there­of because of 1. the minimum of
plea of guilty.
the ordinary mitigating circumstance of plea of
2. the indeterminate sentence can be anywhere
1. Therefore, under Art. 64, par. 5, the penalty guilty.
within the range of the penalty next lower in

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 78 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

degree to the penalty prescribed by the RPC for the minimum period, and the maximum of which is that term of imprisonment would not exceed one year,
crime. properly imposable under the RPC, i.e., prision rendering the Indeterminate Sentence Law inapplicable,
3. The determination of the minimum term of the
correccional in its medium and maximum periods. the Court holds that the straight penalty of two months
indeterminate sentence should be done without of arresto mayor was the correct penalty for the petitioner.
considering any modifying circumstance
attendant to the commission of the crime and Mariano v. People 2014
without reference to the periods into which it may People v. Medroso
Death stands alone as the capital punishment. The RPC
be subdivided. classifies the felony of serious physical injuries in Art 263 Paragraph 5 of Article 365 expressly states that in the
4. The penalty prescribed under Article 315, based on the gravity of the physical injuries. imposition of the penalties provided for in the Article, the
paragraph 2(d) of the RPC, as amended by PD 818, courts shall exercise their sound discretion without regard
With Ferdinand not becoming insane, imbecile, impotent,
is reclusion temporal. to the rules prescribed in Article 64.
or blind, his physical injuries did not fall under Article
5. The penalty next lower in degree is prision mayor. 263[1]. Consequently, the CA incorrectly considered the The penalty for homicide thru reckless imprudence with
petitioner’s act as a grave felony had it been intentional, violation of the Automobile Law is prision correccional in
6. The minimum term of the indeterminate penalty
and should not have imposed the penalty at arresto mayor its medium and maximum periods with a duration from two
should be anywhere within six years and one day to
in its maximum period to prision correccional in its years, four months, and one day to six years. Applying the
12 years of prision mayor.
medium period. Instead, the petitioner’s act that caused ISLaw to which appellant is entitled the imposable penalty
the serious physical injuries, had it been intentional, covers
would be a less grave felony under Article 25, because a) a minimum to be taken from the penalty one
Gelig v. People 2010
Ferdinand’s physical injuries were those under Article degree lower than that prescribed by law or arresto
The penalty for the crime of direct assault is prision 263[3], for having incapacitated him from the mayor in its maximum period to prision correccional in
correccional in its medium and maximum periods. The performance of the work in which he was habitually its minimum period, i.e. four months and one day to
penalty should be fixed in its medium period in the engaged in for more than 90 days. two years and four months, and
absence of mitigating or aggravating circumstances.
Conformably with Article 365, the proper penalty is arresto b) a maximum to be taken in turn from the penalty
Applying the ISLaw, the petitioner should be sentenced to
mayor in its minimum and medium periods, which ranges prescribed for the offense the duration of which is
an indeterminate term, the minimum of which is within
from one to four months. As earlier mentioned, the from two years, four months and one day to six
the range of the penalty next lower in degree, i.e., arresto
rules in Article 64 are NOT applicable in reckless years.
mayor in its maximum period to prision correccional in its
imprudence, and considering further that the maximum

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 79 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

The determination of the minimum and maximum terms 1) In cases where the death penalty is not warranted, Total Extinction
is left entirely to the discretion of the trial court, the there is no need to use the phrase "without eligibility
for parole" to qualify the penalty of reclusion Partial Extinction
exercise of which will not be disturbed on appeal unless
there is a clear abuse. perpetua; it is understood that convicted persons
Total Extinction
penalized with an indivisible penalty are not eligible
Revised Penal Code, Art. 89
for parole; and
Death of Convict
Anti-Death Penalty Law 2) When circumstances are present warranting the
14
R.A. No. 9346, Secs. 1-3 imposition of the death penalty, but this penalty is Service of Sentence
not imposed because of R.A. 9346, the qualification
§1. The imposition of the penalty of death is hereby Amnesty
of "without eligibility for parole" shall be used in
prohibited.
order to emphasize that the accused should have 1 Absolute Pardon
§2. In lieu of the death penalty, the following shall be been sentenced to suffer the death penalty had it not
imposed. Prescription of Crimes
been for R.A. No. 9346.
a) the penalty of reclusion perpetua, when the law Prescription of Penalties
violated makes use of the nomenclature of the 15 Pecuniary Liabilities
Marriage between the Offender and the
penalties of the RPC; or Offended Party
ART 38. Pecuniary liabilities; Order of payment. — In
b) the penalty of life imprisonment, when the case the property of the offender should not be Probation
law violated does not make use of the sufficient for the payment of all his pecuniary
nomenclature of the penalties of the RPC. liabilities, the same shall be met in the following a. Death of Convict
§3. Person convicted of offenses punished with order:
People v. Reyes 2023
reclusion perpetua, or whose sentences will be reduced 1. The reparation of the damage caused.
to reclusion perpetua, by reason of this Act, shall NOT People v. Monroyo stressed that the "death of the accused
2. Indemnification of consequential damages.
be eligible for parole under the Indeterminate pending appeal of the conviction extinguishes his or her
Sentence Law. 3. The fine. criminal liability, as well as the civil liability, based solely
4. The cost of the proceedings. thereon." Hence, upon Villoria's death, the criminal action
A.M. No. 15-08-02-SC provides for the following guidelines
against him is extinguished.
that shall be observed in the imposition of penalties and in
the use of the phrase "without eligibility for parole ": F Extinction of Criminal Liability

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 80 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

People v. Bayotas En Banc “sentence” but is rather in effect a suspension of the

4. Finally, the private offended party need not fear a
forfeiture of his right to file this separate civil imposition of sentence. It is not a final judgment but is
1. Death of the accused pending appeal of his
action by prescription, in cases where during the rather an “interlocutory judgment” in the nature of a
conviction extinguishes his criminal liability as
prosecution of the criminal action and prior to its conditional order placing the convicted defendant under
well as the civil liability based solely thereon.
the supervision of the court for his reformation, to be
extinction, the private-offended party instituted
The death of the accused prior to final judgment followed by a final judgment of discharge, if the
together therewith the civil action. In such a case,
terminates his criminal liability and only the civil conditions of the probation are complied with, or by a
the statute of limitations on the civil liability is
liability directly arising from and based solely on final judgment of sentence if the conditions are violated.
deemed interrupted during the pendency of the
the offense committed, i.e., civil liability ex delicto
criminal case, conformably with provisions of
in senso strictiore. c. Amnesty
Article 1155 of the Civil Code, that should thereby
2. Corollarily, the claim for civil liability survives avoid any apprehension on a possible privation of People v. Vera
notwithstanding the death of the accused, if the right by prescription.
same may also be predicated on a source of It has been consistently ruled that amnesty looks
obligation other than delict. b. Service of Sentence backward and abolishes and puts into oblivion the offense
itself, it so overlooks and obliterates the offense with
Article 1157 of the Civil Code enumerates these
Villareal v. People 2014 which he is charged; that the person released by amnesty
other sources of obligation from which the civil
liability may arise as a result of the same act or Accused Bantug asserts that their criminal liability has stands before the law precisely as though he had
omission: already been extinguished as a result of their discharge committed no offense.
from probation and the eventual termination of the Amnesty is a public act of which the court should take
a. Law;
criminal case against them. judicial notice. Thus, the right to the benefits of amnesty,
b. Contract; once established by the evidence presented, either by the
Tecson et al. cannot invoke Article 89 of the Revised Penal
c. Quasi-contracts; Code, as it is inapplicable to this case. One of the complainant or prosecution or by the defense, can not be
hallmarks of the Probation Law is precisely to “suspend waived, because it is of public interest that a person who is
d. Quasi-delicts;
the execution of the sentence,” and not to replace the regarded by the Amnesty Proclamation, which has the
3. Where the civil liability survives, as explained in force of law, not only as innocent, for he stands in the eyes
original sentence with another, as was pointed out in
Number 2 above, an action for recovery therefor of the law as if he had never committed any punishable
Baclayon v. Mutia:
may be pursued but only by way of filing a separate offense because of the amnesty, but as a patriot or hero,
civil action. An order placing defendant on “probation” is not a and not be punished as criminal.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 81 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

1) Limitations upon its exercise Pardon by President Offended party

Pardon Amnesty a. Only after conviction; given to both
ONLY AFTER Usually BEFORE b. Does not extend to cases of impeachment. offenders.
Granted
conviction conviction 2) When the principal penalty is remitted by pardon,
e. Prescription of Crimes
only the effect of that principal penalty is
Applies to ALL kinds of offenses Political offenses See Periods of Prescription for Violations Penalized
extinguished, but not the accessory penalties attached
to it, except when an absolute pardon is granted by Special Acts (R.A. No. 3326, Secs. 1-2)
Granted The President at his The President
by sole discretion concurred by Congress after the term of imprisonment has expired, everything §1. Violations penalized by special acts shall, unless
is removed. otherwise provided in such acts, prescribe in
Does not erase effect accordance with the following rules:
Effect of penalty for purposes Erases such effect Pardon by President Offended party
a) after a year for offenses punished only by a
of recidivism
Applicable to Any crimes Private crimes only fine or by imprisonment for not more than
d. Absolute Pardon one month, or both; [<1M]
As to criminal Only bars
refers to the total extinction of the criminal liability of Extinguishes b) after four (4) years for those punished by
liability prosecution
the individual to whom it is granted without any imprisonment for more than one month, but
condition. It restores to the individual his civil and Does not less than two years; [>1M — <2Y]
As to civil liability Extinguishes
political rights and remits the penalty imposed for the affect
c) after eight (8) years for those punished by
particular offense of which he was convicted. imprisonment for two years or more, but less
May be
Not subject to
1. shall not work the restoration of the right to hold As to conditions absolute or than six years; and [2Y — <6Y]
conditions
public office, or the right of suffrage, unless such conditional d) after twelve (12) years for any other offense
rights be expressly restored by the terms of the
After Before institution of punished by imprisonment for six years or
pardon. Must be given
conviction case more, except the crime of treason, which shall
2. shall in no case exempt the culprit from the prescribe after twenty years. [6Y or more]
payment of the civil indemnity imposed upon In adultery or
Given to Any party Violations penalized by municipal ordinances shall
him by the sentence. concubinage, must be prescribe after two months.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 82 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

§2. Prescription shall begin to run from the day of 1. shall commence to run from the day on which and penalized in Article 319, the fine imposable therein if
the commission of the violation of the law, and if the the crime is discovered by the offended party, correctional or afflictive under the terms of Article 26,
same be not known at the time, from the discovery the authorities, or their agents, and should be made the basis rather than that of arresto
thereof and the institution of judicial proceedings for mayor, also imposable in said Article 319.
2. shall be interrupted by the filing of the complaint
its investigation and punishment.
or information, and
The prescription shall be interrupted when
3. shall commence to run again when such People v. Crisostomo
proceedings are instituted against the guilty person,
proceedings terminate without the accused
and shall begin to run again if the proceedings are The classification of fine into afflictive, correctional or
being convicted or acquitted, or are unjustifiably
dismissed for reasons not constituting jeopardy. light, under Article 26, should be made only when a fine is
stopped for any reason not imputable to him.
imposed either as a single or as alternative penalty;
Prescription of Crime Penalty Fine The term of prescription shall not run when the and that no such classification should be made where the
offender is absent from the Philippines. fine is imposed in conjunction with another penalty.
Death, RP, RT 20Y 20Y
1. What is taken into account is the penalty
imposable under the law.
Reclusion temporal 20Y 15Y
People v. Reyes
2. The highest penalty which may be imposed for
Other afflictive 15Y 15Y >1.2m the crime should be the basis, even if accused The crime of falsification of a public document carries
was subsequently sentenced to a lower penalty. with it an imposable penalty of prision correccional in its
Correctional 10Y 10Y >40k – 1.2m
3. Any possible subsidiary imprisonment, however, medium and maximum periods and a fine of not more
exc Arresto mayor 5Y 5Y should NOT be considered. than P5K. Being punishable by a correctional penalty, this
crime prescribes in ten (10) years.
Libel 1Y People v. Basalo Here, the public document allegedly falsified was a
Light 2M 1Y ≤40k To determine the prescriptibility of an offense penalized notarized deed of sale registered on May 26, 1961 with the
with a fine, whether imposed as a single or as an Register of Deeds in the name of the accused. The two
Computation of prescription of offenses alternative penalty, such fine should not be reduced or informations were, however, filed only on October 18,
The period of prescription converted into a prison term, but rather it should be 1984. The complainants claim that they discovered the
considered as such fine under Article 26 of the RPC; and falsified notarized deed of sale in June 1983.
that for purposes of prescription of the offense, denned

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 83 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Pangan v. Gatbalite Computation of the prescription of penalties

The rule is well-established that registration in a public
registry is a notice to the whole world. The record is The elements of prescription are: The period of prescription of penalties
constructive notice of its contents as well as all interests,
1. That the penalty is imposed by final judgment; 1. shall commence to run from the date when the
legal and equitable, included therein. All persons are culprit should evade the service of his sentence,
charged with knowledge of what it contains. Thus, the 2. That convict evaded the service of the sentence by
and
criminal informations having been filed for more than ten escaping during the term of his sentence;
(10) years, the crime for which the accused was charged 2. it shall be interrupted if
3. That the convict who had escaped from prison has
has prescribed. not given himself up, or been captured, or gone to a. the defendant should give himself up,
a foreign country with which we have no b. be captured,
extradition treaty, or committed another crime;
Recebido v. People c. should go to some foreign country with
4. The penalty has prescribed, because of the lapse of which this Government has no extradition
Even granting arguendo that the deed of sale was executed time from the date of the evasion of the service of treaty, or
by the private complainant, delivered to the the sentence by the convict.
petitioner-accused in August 13, 1983 and registered on d. should commit another crime before the
Article 93 provides when the prescription of penalties shall expiration of the period of prescription.
the same day, the ten-year prescriptive period of the crime
commence to run. Under said provision, it shall
had not yet elapsed at the time the information was filed g. Marriage between the Offender and the
commence to run from the date the felon evades the
in 1991. Thus, the crime had not prescribed at the time of Offended Party
service of his sentence. Pursuant to Article 157, evasion of
the filing of the information.
service of sentence can be committed only by those who ART 266-C. Effect of Pardon. — The subsequent
have been convicted by final judgment by escaping valid marriage between the offender and the
f. Prescription of Penalties
during the term of his sentence. offended party shall extinguish the criminal action or
1. The prescription of penalties found in Article 93 the penalty imposed.
"Escape" in legal parlance and for purposes of Articles 93
of the RPC, applies only to those who are convicted
and 157 of the RPC means unlawful departure of prisoner In case it is the legal husband who is the offender, the
by final judgment and are serving sentence which
from the limits of his custody. Clearly, one who has not subsequent forgiveness by the wife as the offended
consist of deprivation of liberty.
been committed to prison cannot be said to have escaped party shall extinguish the criminal action or the
2. The period for prescription of penalties begins therefrom. penalty: Provided, That the crime shall not be
only when the convict evades service of sentence extinguished or the penalty shall not be abated if the
by escaping during the term of his sentence. marriage is void ab initio.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 84 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

modified decision which already imposes a

ART 344. Prosecution of the crimes of adultery, h. Probation
concubinage, seduction, abduction, rape and acts of probationable penalty.
P.D. No. 968, Secs. 4, 9 and 16, as amended by R.A.
lasciviousness. — xxx 4) Probation may be granted whether the sentence
No. 10707
imposes a term of imprisonment or a fine only. The
In cases of seduction, abduction, acts of
Application filing of the application shall be deemed a waiver of
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal 1) The trial court may, the right to appeal.
action or remit the penalty already imposed upon a. after it shall have convicted and sentenced a 5) An order granting or denying probation shall not be
him. The provisions of this paragraph shall also be defendant for a probationable penalty and appealable.
applicable to the co-principals, accomplices and
b. upon application by said defendant within the Disqualified offenders
accessories after the fact of the above-mentioned
period for perfecting an appeal,
crimes. 1. sentenced to serve a maximum term of
suspend the execution of the sentence and place the imprisonment of more than six (6) years;
People v. De Guzman 2010 defendant on probation for such period and upon
2. convicted of any crime against the national security;
such terms and conditions as it may deem best.
Based on the documents, including copies of pictures 3. who have previously been convicted by final
taken after the ceremony and attached to the motion, the 2) No application for probation shall be entertained or judgment of an offense punished by imprisonment
Court finds the marriage between appellant and private granted if the defendant has perfected the appeal of more than six (6) months and one (1) day and/or a
complainant to have been contracted validly, legally, and from the judgment of conviction: fine of more than one thousand pesos (P1,000.00);
in good faith, as an expression of their mutual love for Provided, That when a judgment of conviction 4. who have been once on probation; and
each other and their desire to establish a family of their imposing a non-probationable penalty is appealed
own. Given public policy considerations of respect for the or reviewed, and such judgment is modified 5. who are already serving sentence at the time the
sanctity of marriage and the highest regard for the through the imposition of a probationable penalty, substantive provisions of this Decree became
solidarity of the family, the Court accords appellant the the defendant shall be allowed to apply for probation applicable.
full benefits of Article 89, in relation to Article 344 and based on the modified decision before such decision
Article 266-C of the RPC. becomes final. (Colinares v. People 2011 En Banc) Partial Extinction
Revised Penal Code, Art. 94, as amended by R.A. No.
Appellant Ronie de Guzman is ABSOLVED of the two (2) 3) This notwithstanding, the accused shall lose the 2 10592, Secs. 2-5
counts of rape against private complainant Juvilyn benefit of probation should he seek a review of the
Velasco, on account of their subsequent marriage. Conditional Pardon

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 85 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b. Commutation of Sentence ➔ An appeal by the accused shall not deprive him of

Commutation of Sentence
entitlement to the above allowances for good
refers to the reduction of the duration of a prison
Good Conduct Allowances conduct.
sentence of a prisoner.
Parole Disqualified
ART 96. Effect of commutation of sentence. — The
commutation of the original sentence for another of The following shall not be entitled to any GCTA during
a. Conditional Pardon preventive imprisonment:
a different length and nature shall have the legal
Act No. 1524 effect of substituting the latter in the place of the a. Recidivists;
refers to the exemption of an individual, within certain former.
b. An accused who has been convicted previously
limits or conditions, from the punishment which the
c. Good Conduct Allowances twice or more times of any crime;
law inflicts for the offense he had committed resulting
in the partial extinction of his criminal liability. Revised Penal Code, Art. 97, as amended by R.A. No. c. An accused who, upon being summoned for the
10592, Sec. 3 execution of his sentence has failed to surrender
1. The conditions shall be fully set forth in the
voluntarily before a court of law;
pardon. shall entitle him to the following deductions from the
period of his sentence: d. Habitual Delinquents;
2. If the court shall find that one or more of the
conditions of such pardon has been violated by e. Escapees; and
During the A deduction of
the person so pardoned, the court shall order the f. PDL charged of Heinous Crimes.
recommitment and confinement of such person 20 days, for each month of good
First 2 years The following shall not be entitled to any GCTA during
in the proper prison for the unexpired portion of behavior
service of sentence and Time Allowance for Study, Teaching
his original sentence.
3rd - 5th year 23 days and Mentoring (TASTM):
ART 95. Obligation incurred by person granted
a. Recidivists;
conditional pardon. — Any person who has been 6th - 10th year 25 days
granted conditional pardon shall incur the obligation b. Habitual Delinquents;
of complying strictly with the conditions imposed 11th year onwards 30 days
c. Escapees; and
therein otherwise, his non-compliance with any of +15 days for each month of study, d. PDL convicted of Heinous Crimes.
the conditions specified shall result in the revocation Any time teaching or mentoring service time
of the pardon and the provisions of Article 159 shall rendered
be applied to him.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 86 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Special time allowance for loyalty b. Chief of the Bureau of Jail Management and
Penology; and/or
A deduction of one fifth (⅕) of the period of his Miguel v. Director of Bureau of Prisons 2021
sentence shall be granted to any prisoner who, c. Warden of a Provincial, District, City or
Murder is considered a heinous crime in so far as the GCTA Law is
Municipal Jail.
1. having evaded his preventive imprisonment or concerned, and persons charged with and/or convicted of such are
the service of his sentence under the How sentence served is reduced disqualified from availing of the benefits of the law.
circumstances mentioned in Article 158 of this 1. Conditional pardon; Miguel is NOT entitled to the benefits of the GCTA Law.
Code, The GCTA Law and the 2019 Revised IRR have made it
2. Commutation of sentence;
2. gives himself up to the authorities abundantly clear that persons charged with and/or
3. GCTA;
convicted of heinous crimes are not entitled to the
3. within 48 hours following the issuance of a
4. Special conduct and workmanship allowance; benefits under the law.
proclamation announcing the passing away of
the calamity or catastrophe referred to in said 5. Loyalty allowance; Heinous Crimes include crimes which are mandatorily
article. 6. Preventive imprisonment (Art 29); punishable by Death under the provisions of RA No. 7659.
The crime of Murder is one that is mandatorily punishable
A deduction of two-fifths (⅖) of the period of his 7. Confinement in a rehabilitation center. by death, in accordance with the Death Penalty Law.
sentence shall be granted in case said prisoner chose to
Murder is considered a heinous crime in so far as the
stay in the place of his confinement notwithstanding the Inmates of the New Bilibid Prison v. De Lima 2019 En Banc
GCTA Law is concerned, and persons charged with and/or
existence of a calamity or catastrophe enumerated in
The prospective application of the beneficial provisions of convicted of such are disqualified from availing of the
Article 158 of this Code.
R.A. No. 10592 actually works to the disadvantage of benefits of the law. Also, the penalty of reclusion perpetua
This Article shall apply to any prisoner whether petitioners and those who are similarly situated. It requires imprisonment of at least thirty (30) years, after
undergoing preventive imprisonment or serving precludes the decrease in the penalty attached to their which the convict becomes only eligible for pardon, and
sentence. respective crimes and lengthens their prison stay; thus, not for release.
Who Grants Time Allowances making more onerous the punishment for the crimes they The Writ of Habeas Corpus may not be issued and the
committed. Depriving them of time off to which they are discharge of Miguel from imprisonment should not be
Whenever lawfully justified, the following officials shall
justly entitled as a practical matter results in extending authorized.
grant time allowances:
their sentence and increasing their punishment.
a. Director General of the Bureau of Corrections; Evidently, this transgresses the clear mandate of Article
22 of the RPC.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 87 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

d. Parole 8. Those whose maximum term of imprisonment does ART 100. Civil liability of a person guilty of felony. —
not exceed one (1) year or those with definite Every person criminally liable for a felony is also
People v. Abesamis sentence; civilly liable.

Parole refers to the conditional release of an offender from 9. Those convicted of offenses punished with reclusion Who are subsidiarily liable
a correctional institution after he serves the minimum perpetua, or whose sentences were reduced to
1. Persons causing damages under the compulsion of
term of his prison sentence. The grant thereof does not reclusion perpetua by reason of RA 9346; and
an irresistible force or the impulse of an
extinguish the criminal liability of the offender. Parole is 10. Those convicted for violation of the laws on uncontrollable fear used or created by the person
not one of the modes of totally extinguishing criminal terrorism, plunder and transnational crimes. (BPAP primarily liable;
liability under Article 89 of the Revised Penal Code. Resolution No. 24-4-10)
2. innkeepers, tavern keepers and proprietors of
Disqualification for Parole establishments.
G Civil Liability Ex-Delicto
The following prisoners shall NOT be granted parole: 3. employers, teachers, persons, and corporations
1. Those convicted of offenses punished with death Primary and Subsidiary engaged in any kind of industry for felonies
penalty or life imprisonment; committed by their servants, pupils, workmen,
Restitution, Reparation, and
apprentices, or employees in the discharge of their
2. Those convicted of treason, conspiracy or proposal Indemnification
duties; and
to commit treason or espionage;
Civil Liability of an Offender Exempted from 4. Principals, accomplices and accessories, for the
3. Those convicted of misprision of treason, rebellion, Criminal Liability
unpaid civil liability of their co-accused in the other
sedition or coup d’etat;
Share of Each Person Civilly Liable for a classes (Art 110).
4. Those convicted of piracy or mutiny on the high seas Felony
or Philippine waters; Ozoa v. Madula
Preference in Payment
5. Those who are habitual delinquents; Before the employer's subsidiary liability is exacted, there
Persons who Participated Gratuitously
must be adequate evidence establishing that
6. Those who escaped from confinement or evaded
sentence; Extinction and Survival of Civil Liability 1) he is indeed the employer of the convict;
Ex-Delicto
7. Those who having been granted conditional pardon 2) that he is engaged in some kind of industry;
by the President of the Philippines shall have 1 Primary and Subsidiary 3) the crime was committed by the employee in the
violated any of the terms thereof;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 88 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

possible, and its special sentimental value to the injured

discharge of his duties; and Inapplicable
party, and reparation shall be made accordingly.
4) execution against the employee is unsatisfied. 1. If the thing was purchased in good faith at a public
sale (Art 559 NCC); Indemnification
2. The movable property was acquired by prescription for consequential damages
Gosiaco v. Ching and Casta and Navarra v. People 2016 by the third person (Art 1133, ibid.); shall include not only those caused the injured party,
While the RPC imposes subsidiary civil liability to 3. The thing was purchased under factors or recording but also those suffered by his family or by a third person
corporations for criminal acts engaged in by their laws, or under a sale authorized by law or by the by reason of the crime.
employees in the discharge of their duties, said court, or in a merchant’s store, fairs or markets (Art Reparation and indemnification can be required ONLY
subsidiary liability applies only to felonies, and not to 1502, ibid.); from the accused or his heirs.
crimes penalized by special laws such as B.P. Blg. 22. And 4. It is in the possession of a holder in due course of a
nothing in B.P. Blg. 22 imposes such subsidiary liability to negotiable document of title (Art 1518, ibid.); Civil Liability of an Offender Exempted
the corporation in whose name the check is actually 3 from Criminal Liability
issued. Clearly then, should the check signatory be unable 5. It is in the hands of a holder in due course of a
Revised Penal Code, Art. 101
to pay the obligation incurred by the corporation, the negotiable instrument (Sec 57 NIL); and
1. In case of insane, imbecile or minors, primary
complainant would be bereft of remedy unless the right of 6. The property is covered by a Torrens title and was
liability devolves upon those with legal authority or
action to collect on the liability of the corporation is purchased for value in good faith (PD 1529).
control
recognized and given flesh.
May be demanded even from third persons.
unless it appears that there was no fault or
Any person who has participated gratuitously in the negligence on their part.
proceeds of a felony shall be bound to make restitution
Restitution, Reparation, and Absent any person with legal authority or control, or
2 in an amount equivalent to the extent of such
Indemnification if they be insolvent, the own property of the accused
Revised Penal Code, Arts. 104-108 participation. (Art 111)
shall be secondarily liable.
Reparation 2. In case of avoidance of greater evil or state of
Restitution
of the damage caused necessity,
of the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value The court shall determine the amount of damage, taking the persons for whose benefit the harm has been
as determined by the court. into consideration the price of the thing, whenever prevented shall be civilly liable in proportion to the
benefit which they may have received.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 89 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

payment has been made shall have a right of action because it is assumed that a rape victim has actually
3. In cases of compulsion of an irresistible force or
impulse of an uncontrollable fear, against the others for the amount of their respective suffered moral injuries.
shares.
the persons using violence or causing the fears shall The victim in simple rape cases is entitled to an award of
be primarily liable and secondarily, or, if there be no People v. Velasco 2014 P50K as civil indemnity ex delicto and another P50K as
such persons, those doing the act shall be liable, moral damages. However, Tampus' civil indemnity ex
saving always to the latter that part of their property What was the extent of Inovero’s civil liability? delicto has been extinguished by reason of his death
exempt from execution. The nature of the obligation of the co-conspirators in the before the final judgment, in accordance with Article 89.
commission of the crime requires solidarity, and each Thus, the amount of civil indemnity which remains for
Share of Each Person Civilly Liable for debtor may be compelled to pay the entire obligation. As a accomplice Ida to pay is put at issue.
4
a Felony co-conspirator, then, Inovero’s civil liability was similar to The courts have the discretion to determine the apportionment
that of a joint tortfeasor under the rules of the civil law. of the civil indemnity which the principal, accomplice and
ART 109. Share of each person civilly liable. — If there
are two or more persons civilly liable for a felony, the Joint tortfeasors are not liable pro rata. The damages accessory are respectively liable for, without guidelines with
courts shall determine the amount for which each cannot be apportioned among them, except by themselves. respect to the basis of the allotment.
must respond. They cannot insist upon an apportionment, for the Article 109 provides that "if there are two or more persons
purpose of each paying an aliquot part. They are jointly civilly liable for a felony, the courts shall determine the
Preference in Payment and severally liable for the whole amount. Hence,
5 amount for which each must respond." Article 110
Revised Penal Code, Art. 110
Inovero’s liability towards the victims of their illegal provides that "the principals, accomplices, and
1. The principals, accomplices, and accessories, each recruitment was solidary, regardless of whether she accessories, each within their respective class, shall be
within their respective class, shall be liable actually received the amounts paid or not, and liable severally (in solidum) among themselves for their
solidarily among themselves for their quotas, and notwithstanding that her co-accused, having escaped quotas, and subsidiarily for those of the other persons
subsidiarily for those of the other persons liable. arrest until now, have remained untried. liable."
2. The subsidiary liability shall be enforced, first Each principal should shoulder a greater share in the total
against the property of the principals; next, against amount of indemnity and damages than every accomplice, and
People v. Tampus and Montesclaros
that of the accomplices, and, lastly, against that of each accomplice should also be liable for a greater amount as
the accessories. Civil indemnity ex delicto is mandatory upon finding of against every accessory.
the fact of rape. This is distinct from moral damages
3. Whenever the liability in solidum or the subsidiary
awarded upon such finding without need of further proof,
liability has been enforced, the person by whom

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 90 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

6 Persons who Participated Gratuitously 2. Court declares that accused’s liability is only civil Sps. Aldaba to induce them to invest money in Multitel.
in nature; Rather, her civil liability was correctly traced from being
ART 111. Obligation to make restitution in certain an accommodation party to one of the checks she issued
cases. — Any person who has participated 3. Civil liability did not arise from the criminal act.
to Sps. Aldaba on behalf of Multitel.
gratuitously in the proceeds of a felony shall be Acquittal bars civil liability
bound to make restitution in an amount equivalent The CA is also correct in holding that Rimando’s acquittal
1. Accused did not commit the act; and subsequent exoneration in the BP 22 cases had no
to the extent of such participation.
2. He was not guilty of criminal or civil negligence. effect in the estafa case, even if both cases were founded
Extinction and Survival of Civil on the same factual circumstances.
7
Liability Ex-Delicto Rimando v. Aldaba 2014

ART 112. Extinction of civil liability. — Civil liability Rimando’s acquittal in the estafa case does not necessarily
absolve her from any civil liability to private complainants, Matobato, Sr. v. People 2022 Lopez, M., J.
established in Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the same manner as Sps. Aldaba. It is well-settled that “the acquittal of the Under the "threefold liability rule," the wrongful acts or omissions
obligations, in accordance with the provisions of the accused does not automatically preclude a judgment of public officers may give rise to civil, criminal and
Civil Law. against him on the civil aspect of the case. The extinction administrative liabilities. Corollarily, public officers could still be
of the penal action does not carry with it the extinction of held civilly liable to reimburse the injured party notwithstanding
ART 113. Obligation to satisfy civil liability. — Except
the civil liability where: their acquittal.
in case of extinction of his civil liability as provided in
the next preceding article the offender shall continue a) the acquittal is based on reasonable doubt as only
WON Silvino, et al. are civilly liable despite being acquitted
to be obliged to satisfy the civil liability resulting preponderance of evidence is required;
based on reasonable doubt.
from the crime committed by him, notwithstanding b) the court declares that the liability of the accused is
1. YES. The Sandiganbayan correctly held Silvino,
the fact that he has served his sentence consisting of only civil; and
Walter, and Cirila civilly and solidarily liable to
deprivation of liberty or other rights, or has not been
c) the civil liability of the accused does not arise from indemnify the Municipality of Pantukan,
required to serve the same by reason of amnesty,
or is not based upon the crime of which the Compostela Valley.
pardon, commutation of sentence or any other
accused is acquitted.
reason. 2. Every person criminally liable for a felony is also
In this case, Rimando’s civil liability did not arise from any civilly liable. Yet, the dismissal of the criminal
Civil liability in spite of acquittal of the crime purported act constituting the crime of estafa as the RTC action does not carry with it the extinction of the
1. Acquittal is based on reasonable doubt; clearly found that Rimando never employed any deceit on civil liability where:

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 91 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

turbulent time for the banking industry funds through their participation in the use and
2.1. the acquittal is based on reasonable doubt as
only preponderance of evidence is required; served as a warning sign, but Silvino pushed application thereof.
for the investment proposal.
2.2. the court declares that the liability of the 7. Thus, without Resolution No. 164, Series of 1994 of
accused is only civil; and 4.4. Silvino continued to deposit the municipal the Municipality of Pantukan, Compostela Valley,
funds despite the expiration of DCB's which, to emphasize, should have been preceded by
2.3. the civil liability of the accused does not authority to accept government deposits. a painstaking scrutiny of the investment proposal by
arise from or is not based upon the crime of Bucao and Engbino, and other Sangguniang Bayan
which the accused is acquitted. 4.5. Silvino did not establish any precautionary
or contingent measure to protect the members, the municipal funds would not have been
3. Here, the Sandiganbayan acquitted Silvino, et al. financial interests of the Municipality of transferred from LBP to DCB.
because their guilt were not proven beyond Pantukan from the whiplash of DCB's
reasonable doubt. Thus, any civil liability survives insolvency.
because only preponderant evidence is necessary to Cacdac v. Mercado 2021 Lopez, M., J.
establish it. 5. Similarly, Bucao and Engbino cannot conveniently
invoke the presumption of regularity in the When a demurrer to evidence is filed without leave of court, the
4. Under Section 101 of PD No. 1445, Silvino, as performance of their official functions. This accused waives the right to present evidence and submits the
Municipal Treasurer, was accountable for the disputable presumption crumbles in light of their whole case based on the evidence for the prosecution. The trial
safekeeping of municipal funds in conformity with negligence and indispensable participations in the court is called upon to decide the criminal case including its civil
law. Silvino did not exercise that reasonable care transfer of funds from LBP to DCB. Considering the aspect.
and caution which an ordinarily prudent person substantial amount of money and the financial risks
would have used in the same situation. WON Cacdac is civilly liable.
involved, they merely relied on the verbal
4.1. Silvino failed to at least flag any possible risk representations of the bank manager about DCB's 1. NO. There is no preponderant evidence to establish
relating to the transaction of the financial stability. As Sangguniang Bayan members, the civil liability of the accused.
Municipality of Pantukan with DCB. they should have further required and examined the 2. Cacdac filed a demurrer to evidence, which partakes
audited financial statements of DCB. of the nature of a motion to dismiss the case for
4.2. Silvino vouched on DCB's financial status
and continued depositing municipal funds 6. Under Section 340 of RA No. 7160 or the LGC, other failure of the prosecution to prove his guilt beyond
despite the business climate. local officers who, though not accountable by the reasonable doubt.
nature of their duties, may likewise be held 3. He is deemed to have waived the right to present
4.3. The relatively new entry of DCB at such a
accountable and responsible for local government evidence when he filed a demurrer without leave of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 92 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

court. The trial court has no alternative but to Mercado testified that Cacdac is the owner of Byron which the accused was acquitted.
decide the entire case upon the prosecution Express but did not present any evidence to support
3. Here, the RTC acquitted Victoria because her guilt
evidence alone. his claim. was not proven beyond reasonable doubt. Thus, any
4. The quantum of proof to establish civil liability is civil liability survived because only preponderant
preponderance of evidence, which is defined as the evidence is necessary to establish it.
weight, credit, and value of the aggregate evidence Collado v. Dela Vega 2020 Lopez, M., J.
4. Notably, the RTC did not explain the facts why it
on either side and is usually considered to be Every person criminally liable is also civilly liable. An acquittal exonerated Victoria from civil liability. In contrast,
synonymous with the term "greater weight of the will not bar a civil action where the acquittal is based on the CA reviewed the testimonial and documentary
evidence" or "greater weight of the credible reasonable doubt, where the court declared that the accused's evidence in support of its conclusion that Victoria is
evidence." liability is not criminal, but only civil in nature; and where the liable to pay Eduardo the total amount of
5. Here, the required quantum of proof was not met to civil liability does not arise from, or is not based upon the P2,905,000.00.
sustain the civil liability of Cacdac. Foremost, there criminal act of which the accused was acquitted.
5. Verily, the CA's factual findings, which are borne out
is no preponderant evidence that it was Cacdac who by the evidence on record, are binding, unlike the
WON Victoria is civilly liable.
ordered the diesel fuel. Mercado did not submit any contrary ruling of the RTC that failed to clearly state
purchase order as part of his supporting 1. YES. Victoria is liable to pay Eduardo the total
the facts from which its conclusion was drawn.
documents. amount of P2,905,000.00.

6. The RTC even observed that Mercado failed to prove 2. An acquittal will not bar a civil action in the
following cases:
Cacdac's participation in the questioned III Revised Penal Code - Book Two
transaction. Similarly, there is no proof that Juson 2.1. where the acquittal is based on reasonable
merely acted as an agent of Cacdac. The trust receipt doubt as only preponderance of evidence is Crimes Against National Security and the
agreement did not bear Cacdac's name or signature required in civil cases; Laws of Nations
and is silent on what capacity Juson received the
2.2. where the court declared that the accused's Crimes Against the Fundamental Laws of
fuel.
liability is not criminal, but only civil in the State
7. More telling is that Mercado's demand letter is nature; and
Crimes Against Public Order
solely addressed to Juson and not Cacdac. More
2.3. where the civil liability does not arise from,
importantly, Cacdac denies ownership of Byron Crimes Against Public Interest
or is not based upon the criminal act of
Express, which is a distinct legal entity. At the trial,
Crimes Against Public Morals

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 93 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Crimes Committed by Public Officers Acts punished resident of the Philippines. General rule: Alien
offender must be resident, except if co-conspirator.
1) By levying war against the Government;
Crimes Against Persons (Regalado)
2) By adhering to the enemies, giving them aid or
Crimes Against Personal Liberty and 115 Conspiracy and Proposal to Commit Treason
comfort.
Security
Elements Conspiracy: In time of war, two or more persons agree
Crimes Against Property and decide to commit treason.
1) Offender is either a Filipino or a resident alien;
Crimes Against Chastity Proposal: A person has decided to commit treason and
2) There is a war where the Philippines is involved;
Crimes Against the Civil Status of proposes its execution to others.
3) The offender either:
Persons
116 Misprision of Treason
a) levies war against the Government; or
Crimes Against Honor
b) adheres to the enemy, giving them aid or 1) Filipino offender owes allegiance to the
Quasi-offenses comfort Government;
2) Has knowledge of any conspiracy to commit
Crimes Against National Security NOTES treason;
A and the Laws of Nations
Title One 1. Treason is a breach of allegiance to a government, 3) Conceals or does not disclose the same ASAP to
committed by a person who owes allegiance to it. the governor, mayor, or fiscal.
Anti-Terrorism Act 2. Levying war requires: 117 Espionage
Terrorism Financing Prevention and a) actual assembling of men; and
Suppression Act Acts punished with corresponding elements
b) for the purpose of executing a treasonable design
Anti-Piracy and Anti-Highway Robbery Law 1) (Any person) Enters w/o authority a warship, fort,
by force. Mere enlistment of men is not sufficient.
or naval or military establishment or reservation
Philippine Act on Crimes Against 3. Can't be complexed and is a continuous crime. Since to obtain any info, plans, photographs of a
International Humanitarian Law, Genocide treason is a political crime, the Political Offense confidential nature relative to the defense of the
and Other Crimes Against Humanity Doctrine finds application. PH
114 Treason 4. If the alien is a co-conspirator, he need not be a a) Enters any of the places aforementioned;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 94 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

neutrality;
b) Unauthorized; 2) Seizing in the vessel while on the high seas or in
c) Purpose is to obtain confidential 3) Offender violates such regulation. PH waters the whole or part of its cargo, its
information relative to Philippine defense. equipment or personal belongings of its
120 Correspondence with hostile country
complement or passengers.
2) (Public officer) Disclosing to the representative of 1) There is a war involving PH;
a foreign nation information obtained in the first Elements
act, which he possessed by reason of his public 2) Offender makes correspondence with the enemy; 1) A vessel is on the high seas or PH waters;
office. 3) Correspondence is either: 2) Offenders are strangers to the vessel;
a) Public officer; a) prohibited by Government; or 3) Offenders commit any of the acts punishable.
b) possesses any of the articles by reason of b) carried on in signs or ciphers; or
his public office; Mutiny
c) might be useful to the enemy.
c) Discloses contents to a representative of a Acts punished
foreign nation. 121 Flight to enemy's country
1) Unlawful resistance to a superior officer;
Filipino or a resident alien
118 Inciting to war or giving motives for reprisals 2) Raising of commotions on board against the
1) There is a war involving PH; authority of its commander.
Provocation or giving occasion for a war involving or
liable to involve the RP or expose Filipinos to reprisals. 2) Offender owes allegiance to the Government; Element

1) Performs unlawful or unauthorized acts; 3) Offender attempts to flee or go to the enemy 1) Offenders are members of the crew or are
country; passengers.
2) Such acts provoke or give occasion for a war
involving or liable to involve the RP or expose 4) Going to enemy country prohibited by competent
123 Qualified Piracy
Filipinos to reprisals. authority.
Qualifying circumstances
119 Violation of neutrality 122 Piracy
1) Seizing the vessel by boarding or firing upon the
Violation of a regulation for neutrality Acts punished same;

1) There is a war wherein PH is not involved; 1) Attacking or seizing a vessel on the high seas or in 2) Pirates have abandoned their victims helpless;
PH waters;
2) Competent authority has issued regulation of 3) Accompanied by murder, homicide, physical

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 95 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

injuries, or rape. relative to the foregoing items. b) create an atmosphere or spread a message of
Elements fear,
Punishable Acts of Terrorism c) provoke or influence by intimidation the
1) Offender committed Piracy;
government or any international organization,
2) Any of the qualifying circumstances is present 1) Terrorism. — committed by any person who, within
or outside the Philippines, regardless of the stage of or
Considered as Terrorism under RA 11479 execution: d) seriously destabilize or destroy the fundamental
when it results to a condition of widespread and a) Engages in acts intended to cause death or
political, economic, or social structures of the
extraordinary fear and panic, in order to coerce the serious bodily injury to any person, or endangers country, or
government to give in to an unlawful demand. a person's life; e) create a public emergency or seriously
undermine public safety,
b) Engages in acts intended to cause extensive
damage or destruction to a government or shall be guilty of committing terrorism and shall
Anti-Terrorism Act
1 public facility, public place or private property; suffer the penalty of life imprisonment without the
R.A. No. 11479, Secs. 3-12, 25, 26, 29 and 36
benefit of parole and the benefits of RA No. 10592
c) Engages in acts intended to cause extensive
interference with, damage or destruction to Terrorism shall NOT include advocacy, protest,
Calleja v. Executive Secretary 2021 En Banc critical infrastructure; dissent, stoppage of work, industrial or mass action,
and other similar exercises of civil and political
The Court declares the following provisions of Republic d) Develops, manufactures, possesses, acquires,
transports, supplies or uses weapons, explosives rights
Act No. 11479 UNCONSTITUTIONAL:
or of biological, nuclear, radiological or chemical 2) Threat to Commit Terrorism. — Any person who
1) The phrase in the proviso of Section 4 which states
weapons; and shall threaten to commit any of the acts above.
"which are not intended to cause death or serious
physical harm to a person, to endanger a person's e) Release of dangerous substances, or causing fire, 3) Planning, Training, Preparing, and facilitating the
life, or to create serious risk to public safety;" floods or explosions. Commission of Terrorism. —

2) The second mode of designation found in When the purpose of such act, by its nature and a) possessing objects connected with the
paragraph 2 of Section 25; and context, is to preparation for the commission of terrorism, or

3) As a necessary consequence, the corresponding a) intimidate the general public or a segment b) collecting or making documents connected with
reference/provisions in the IRR of RA No. 11479 thereof, the preparation of terrorism.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 96 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

nationality for the purpose of perpetrating,

4) Conspiracy to Commit Terrorism. — There is b) Publishing an advertisement or propaganda for
conspiracy when two (2) or more persons come to an the purpose of recruiting persons to serve in any planning, or preparing for, or participating in
agreement concerning the commission of terrorism capacity in or with such armed force; terrorism, or providing or receiving terrorist
and decide to commit the same. training;
c) Publishing an advertisement or propaganda
5) Proposal to Commit Terrorism. containing any information relating to the place b) For any person to organize or facilitate the travel
at which or the manner in which persons may of individuals who travel to a state other than
6) Inciting to Commit Terrorism. — Any person who their states of residence or nationality knowing
without taking any direct part in the commission of make applications to serve or obtain information
relating to service in any capacity in or with such that such travel is for the purpose of
terrorism, shall include others to the execution of perpetrating, planning, training, or preparing
any of the acts specified above by means of speeches, armed force or relating to the manner in which
persons may travel to a foreign state for the for, or participating in terrorism or providing or
proclamations, writings, emblems, banners or other receiving terrorist training; or
representations tending to the same end. purpose of serving in any capacity in or with
such armed force; or c) For any person residing abroad who comes to the
7) Recruitment to and Membership in a Terrorist Philippines to participate in perpetrating,
Organization. — Any person who shall recruit d) Performing any other act with intention of
facilitating or promoting the recruitment of planning, training, or preparing for, or
another to participate in, join, commit or support participating in terrorism or provide support for
terrorism or a terrorist individual or any terrorist persons to serve in any capacity in or with such
armed force. or facilitate or receive terrorist training here or
organization, association or group of persons. abroad.
Any person who organizes or facilitates the travel of Any person who shall voluntarily and knowingly
join any organization, association or group of 9) Providing Material Support to Terrorists. — Any
individuals to a state other than their state of person who
residence or nationality for the purpose of persons knowing that such organization,
recruitment which may be committed through any association or group of persons is proscribed, or a) provides material support to any terrorist
of the following means: designated by the UNSC as a terrorist organization, individual or terrorist organization, association
or organized for the purpose of engaging in or group of persons committing any of the acts
a) Recruiting another person to serve in any terrorism. punishable,
capacity in or with an armed force in a foreign
state, whether the armed force forms part of the 8) Foreign Terrorist. — The following acts are b) knowing that such individual or organization,
armed forces of the government of that foreign unlawful: association, or group of persons is committing
state or otherwise; or planning to commit such acts,
a) For any person to travel or attempt to travel to a
state other than his/her state of residence or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 97 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

shall be liable as principal to any and all terrorist b) by concealing or destroying the body of the c) any person charged with or suspected of
activities committed by said individuals or crime, or the effects, or instruments thereof, committing any of the crimes defined and
organizations, in addition to other criminal in order to prevent its discovery; or penalized herein.
liabilities he/she or they may have incurred in c) by harboring, concealing, or assisting in the 2) However, surveillance, interception and recording of
relation thereto. escape of the principal or conspirator of the communications between
crime.
Who are Liable a) lawyers and clients,
No person, regardless of relationship or affinity, b) doctors and patients,
1) Terrorist Individual shall refer to any natural person shall be exempt from liability under this section.
who commits any of the acts defined and penalized c) journalists and their sources and
above; Surveillance of Suspects and Interception confidential business correspondence

2) Terrorist Organization, Association or Group of and Recording of Communications shall not be authorized.
Persons shall refer to any entity 1) A law enforcement agent or military personnel may,
Detention Without Judicial Warrant
a) proscribed under Section 26, or upon a written order of the Court of Appeals
secretly wiretap, overhear and listen to, intercept, 1) Any law enforcement agent or military personnel,
b) designated by the United Nations Security
screen, read, survey, record or collect, with the use who, having been duly authorized in writing by the
Council as a terrorist organization, or
of any mode, form, kind or type of electronic, ATC has taken custody of a person suspected of
c) organized for the purpose of engaging in mechanical or other equipment or device or committing any of the acts defined and penalized
terrorism. technology now known or may hereafter be known under Sections 4-12 of this Act, shall, without
3) Accessory. — Any person who having knowledge of to science or with the use of any other suitable ways incurring any criminal liability for delay in the
the commission of any of the crimes defined and and means for the above purposes, any private delivery of detained persons to the proper judicial
penalized without having participated therein, takes communications, conversation, discussion/s, data, authorities, deliver said suspected person to the
part subsequent to its commission in any of the information, messages in whatever form, kind or proper judicial authority within a period of
following manner: nature, spoken or written words fourteen (14) calendar days counted from the
a) between members of a judicially declared moment the said suspected person has been
a) by profiting himself/herself or assisting the
offender to profit by the effects of the crime; and outlawed terrorist organization; apprehended or arrested, detained, and taken into
custody by the law enforcement agent or military
b) between members of a designated person as
personnel.
defined in Section 3(e) of RA No. 10168; or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 98 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

2) The period of detention may be extended to a 1) The use of torture and other cruel, inhumane and c. with the unlawful and willful intention that
maximum period of (10) calendar days if it is degrading treatment or punishment, as defined in they should be used or with the knowledge
established that Sections 4 and 5 of the "Anti-Torture Act of 2009," at that they are to be used, in full or in part:
any time during the investigation or interrogation of
a) further detention of the person/s is i. to carry out or facilitate the
a detained suspected terrorist is absolutely
necessary commission of any terrorist act;
prohibited and shall be penalized.
i) to preserve evidence related to ii. by a terrorist organization,
2) Any evidence obtained from said detained person association or group; or
terrorism or complete the
resulting from such treatment shall be, in its
investigation; iii. by an individual terrorist,
entirety, inadmissible and cannot be used as
ii) to prevent the commission of another evidence in any judicial, quasi-judicial, legislative, shall be guilty of the crime of financing of
terrorism; and or administrative investigation, inquiry, terrorism and shall suffer the penalty of reclusion
b) the investigation is being conducted properly proceeding, or hearing. temporal in its maximum period to reclusion
and without delay. perpetua and a fine of Php500,000.00 to
Terrorism Financing Prevention and Php1,000,000.00.
3) Immediately after taking custody, the law
2 Suppression Act 2. Any person who organizes or directs others to
enforcement agent or military personnel shall notify
in writing the judge of the court nearest the place of R.A. No. 10168, Secs. 4- 9, 17 and 19 commit financing of terrorism under the
apprehension or arrest of the following facts: immediately preceding paragraph shall likewise be
1. §4. Financing of Terrorism. —
guilty of an offense and shall suffer the same
a) the time, date, and manner of arrest; a. Any person penalty as herein prescribed.
b) the location or locations of the detained b. who, directly or indirectly, willfully and 3. For an act to constitute a crime under this Act, it
suspect/s and without lawful excuse, shall not be necessary that the funds were actually used
c) the physical and mental condition of the i. possesses, provides, collects or uses to carry out a crime.
detained suspect/s. property or funds or 4. §5. Attempt or Conspiracy to Commit the Crimes of
ii. makes available property, funds or Financing of Terrorism and Dealing with Property or
No Torture or Coercion in Investigation
and Interrogation financial service or other related Funds of Designated Persons. — Any attempt to
services, by any means, commit any crime under Section 4 or Section 8 shall

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 99 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

be penalized by a penalty two degrees lower than penalty two degrees lower than that prescribed for penalty shall be imposed upon the responsible
that prescribed. principals. officers, as the case may be,
Any conspiracy to commit any crime under Section 4 7. §8. Prohibition Against Dealing with Property or a. who participated in, or allowed by their gross
or Section 8 of this Act shall be penalized by the Funds of Designated Persons. — Any person who, not negligence, the commission of the crime or
same penalty prescribed. being an accomplice under Section 6 or accessory
b. who shall have knowingly permitted or failed
under Section 7 in relation to any property or fund:
5. §6.. Accomplice. — Any person who, not being a to prevent its commission.
principal or a conspirator hereof, cooperates in the a. deals directly or indirectly, in any way and by If the offender is a juridical person, the court may
execution of either the crime of financing of any means, with any property or fund that he suspend or revoke its license.
terrorism or conspiracy to commit the crime of knows or has reasonable ground to believe is
financing of terrorism by previous or simultaneous owned or controlled by a designated person, If the offender is an alien, the alien shall, in addition
acts shall suffer the penalty one degree lower than organization, association or group of to the penalties herein prescribed, be deported
that prescribed for the conspirator. persons, including funds derived or without further proceedings after serving the
generated from property or funds owned or penalties herein prescribed.
6. §7.. Accessory. — Any person who, having
knowledge of the commission of the crime of controlled, directly or indirectly, by a 9. §17. Predicate Offense to Money Laundering. —
financing of terrorism but without having designated person, organization, association Financing of terrorism under Section 4 and offenses
participated therein as a principal, takes part or group of persons; or punishable under Sections 5, 6, and 7 of this Act
subsequent to its commission, b. makes available any property or funds, or shall be predicate offenses to money laundering as
financial services or other related services to defined in the Anti-Money Laundering Act of 2001,
a. by profiting from it or as amended, and subject to its suspicious
a designated and/or identified person,
b. by assisting the principal or principals to organization, association, or group of transaction reporting requirement.
profit by the effects of the crime, or persons, 10. §19. Extra-Territorial Application. — Subject to the
c. by concealing or destroying the effects of the shall suffer the penalty of reclusion temporal in its provision of an existing treaty, including the
crime in order to prevent its discovery, or maximum period to reclusion perpetua and a fine of International Convention for the Suppression of the
Php500,000.00 to Php1,000,000.00. Financing of Terrorism of which the Philippines is a
d. by harboring, concealing or assisting in the
escape of a principal of the crime State Party, and to any contrary provision of any law
8. §9. Offense by a Juridical Person, Corporate Body or of preferential application, the criminal provisions
shall be guilty as an accessory to the crime of Alien. — If the offender is a corporation, of this Act shall apply:
financing of terrorism and shall be imposed a association, partnership or any juridical person, the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 100 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

irrespective of its depth, breadth, length or

a. to individual persons who, although Anti-Piracy and Anti-Highway
dimension, and
physically outside the territorial limits of the 3 Robbery Law
Philippines, commit, conspire or plot to P.D. No. 532, Secs. 2-4 b. all other waters belonging to the Philippines by
commit any of the crimes defined and historic or legal title, including territorial sea, the
punished in this Act inside the territorial Definition of Terms sea-bed, the insular shelves, and other submarine
limits of the Philippines; 1. Piracy is robbery or forcible depredation on the high areas over which the Philippines has sovereignty or
seas, without lawful authority and done with animo jurisdiction.
b. to individual persons who, although
physically outside the territorial limits of the furandi and in the spirit and intention of universal 4. Vessel. — Any vessel or watercraft used for transport of
Philippines, commit any of the said crimes hostility. Intent to gain is essential in piracy. passengers and cargo from one place to another
on board Philippine ship or Philippine Any attack upon or seizure of any vessel, or the taking through Philippine Waters. It shall include all kinds and
airship; away of the whole or part thereof or its cargo, types of vessels or boats used in fishing.
c. to individual persons who commit any of equipment, or the personal belongings of its 5. Philippine Highway shall refer to any road, street,
said crimes within any embassy, consulate, complement or passengers, irrespective of the value passage, highway and bridges or other parts thereof, or
or diplomatic premises belonging to or thereof, by means of violence against or intimidation of railway or railroad within the Philippines used by
occupied by the Philippine government in an persons or force upon things, committed by any person, persons, or vehicles, or locomotives or trains for the
official capacity; including a passenger or member of the complement of movement or circulation of persons or transportation of
said vessel, in Philippine waters. goods, articles, or property or both.
d. to individual persons who, although
physically outside the territorial limits of the 2. Mutiny is the unlawful resistance to a superior officer, 6. Highway Robbery/Brigandage. The seizure of any
Philippines, commit said crimes against or the raising of commotions and disturbances on board person for ransom, extortion or other unlawful
Philippine citizens or persons of Philippine a ship against the authority of its commander. Intent to purposes, or the taking away of the property of another
descent, where their citizenship or ethnicity gain is not essential in mutiny. Ignoring authority is by means of violence against or intimidation of person
was a factor in the commission of the crime; sufficient, and may be prompted by a desire to commit or force upon things of other unlawful means,
and plunder. committed by any person on any Philippine Highway.
e. to individual persons who, although 3. Philippine Waters shall refer to
Punishable Acts
physically outside the territorial limits of the a. all bodies of water, such as but not limited to, seas,
Philippines, commit said crimes directly gulfs, bays around, between and connecting each of 7. PD 532 or the Anti-Piracy and Highway Robbery Law
against the Philippine government. the Islands of the Philippine Archipelago, punishes

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 101 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

a. an attack upon or seizure of any vessel, or Philippine Act on Crimes Against vi) Arbitrary deportation or forcible transfer of
b. the taking away of the whole or part thereof or its International Humanitarian Law, population or unlawful confinement;
cargo, equipment, or 4 Genocide and Other Crimes Against vii) Taking of hostages;
Humanity
c. the personal belongings of the complement or viii) Compelling a prisoner a prisoner of war or
R.A. No. 9851, Secs. 3-6, 10-12, and 17
passengers, irrespective of the value thereof, by other protected person to serve in the forces
means of violence against or intimidation of persons War Crimes of a hostile power; and
or force upon things.
War crimes or crimes against International Human ix) Unjustifiable delay in the repatriation of
8. Any person who Humanitarian Law means: prisoners of war or other protected persons.
a. knowingly and in any manner aids or protects a) In case of an international armed conflict, grave b) In case of a non-international armed conflict,
pirates or highway robbers/brigands, such as breaches of the Geneva Conventions of 12 August serious violations of common Article 3 to the four (4)
1949, namely, any of the following acts against Geneva Conventions of 12 August 1949, namely, any
i. giving them information about the movement of
police or other peace officers of the government, persons or property protected under provisions of of the following acts committed against persons taking
or the relevant Geneva Convention: no active part in the hostilities, including member of
the armed forces who have laid down their arms and
ii. acquires or receives property taken by such i) Willful killing;
those placed hors de combat by sickness, wounds,
pirates or brigands or in any manner derives any ii) Torture or inhuman treatment, including detention or any other cause;
benefit therefrom; or biological experiments;
i) Violence to life and person, in particular,
b. directly or indirectly abets the commission of piracy iii) Willfully causing great suffering, or serious willful killings, mutilation, cruel treatment
or highway robbery or brigandage, injury to body or health; and torture;
shall be considered as an accomplice of the principal iv) Extensive destruction and appropriation of ii) Committing outrages upon personal dignity,
offenders and be punished in accordance with the Rules property not justified by military necessity in particular, humiliating and degrading
prescribed by the RPC. and carried out unlawfully and wantonly; treatment;
v) Willfully depriving a prisoner of war or other iii) Taking of hostages; and
protected person of the rights of fair and
iv) The passing of sentences and the carrying
regular trial;
out of executions without previous judgment
pronounced by a regularly constituted court,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 102 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

affording all judicial guarantees which are

Other Crimes Against Humanity k) Other inhumane acts of a similar character
generally recognized as indispensable. intentionally causing great suffering, or serious
Means any of the following acts when committed as part of a
c) Other serious violations of the laws and customs injury to body or to mental or physical health.
widespread or systematic attack directed against any civilian
applicable in armed conflict, within the established
population, with knowledge of the attack: Notes
framework of international law. (Please see full text for
extensive list) a) Willful killing; 1. A superior shall be criminally responsible as a
principal for such crimes committed by
b) Extermination;
Genocide subordinates under his/her effective command and
Means any of the following acts with intent to destroy, in c) Enslavement; control, or effective authority and control as the case
whole or in part, a national, ethnic, racial, religious, social or d) Arbitrary deportation or forcible transfer of may be, as a result of his/her failure to properly
any other similar stable and permanent group as such: population; exercise control over such subordinates, where:

1) Killing members of the group; e) Imprisonment or other severe deprivation of a. That superior either knew or, owing to the
physical liberty in violation of fundamental rules of circumstances at the time, should have
2) Causing serious bodily or mental harm to members
international law; known that the subordinates were
of the group;
committing or about to commit such crimes;
3) Deliberately inflicting on the group conditions of life f) Torture;
b. That superior failed to take all necessary and
calculated to bring about its physical destruction in g) Rape, sexual slavery, enforced prostitution, forced
reasonable measures within his/her power to
whole or in part; pregnancy, enforced sterilization, or any other form
prevent or repress their commission or to
4) Imposing measures intended to prevent births of sexual violence of comparable gravity;
submit the matter to the competent
within the group; and h) Persecution against any identifiable group or authorities for investigation and
5) Forcibly transferring children of the group to collectivity on political, racial, national, ethnic, prosecution.
another group. cultural, religious, gender, sexual orientation or
2. Non-prescription. — The crimes defined and
other grounds that are universally recognized as
It shall be unlawful for any person to directly and publicly penalized under this Act, their prosecution, and the
impermissible under international law, in
incite others to commit genocide. execution of sentences imposed on their account,
connection with any act referred to in this
shall NOT be subject to any prescription.
paragraph or any crime defined in this Act;
3. The fact that a crime herein has been committed by a
i) Enforced or involuntary disappearance of persons;
person pursuant to an order of a government or a
j) Apartheid; and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 103 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

superior, whether military or civilian, shall NOT

1. These are crimes that violate the Bill of Rights under e. Abduction (Art 342) - victim is a woman detained
relieve that person of criminal responsibility unless the Constitution.
all of the following elements occur: with lewd designs
2. Offenders are generally public officers (exc Art 133 on 2. Juridical existence of a crime committed by the victim
a. The person was under a legal obligation to Offending Religious Feelings) who must act in the
obey orders of the government or the is not essential. What is determinative is the good
exercise of public functions. faith and the purpose of the public officer under the
superior in question;
3. Private persons may be held liable as co-conspirator, circumstances of the case as they appeared to him. If
b. The person did not know that the order was or be an accomplice or accessory thereto. it turns out the person detained was innocent, the
unlawful; and officer acted under a mistake of fact. (Regalado)
c. The order was not manifestly unlawful. 124 Arbitrary Detention
125 Delay in delivery to judicial authorities
4. Orders to commit genocide or other crimes against 1) Offender is a public officer or employee;
humanity are manifestly unlawful. Failure to deliver a detained person to the proper judicial
2) Detains a person; authorities for a specific period of time.
5. Jurisdiction. — The State shall exercise jurisdiction
3) Detention is without legal grounds. 1) Offender is a public officer or employee;
over persons, whether military or civilian, suspected
or accused of a crime defined and penalized in this 2) Person detained for some legal ground;
NOTES
Act, regardless of where the crime is committed,
1. Variations: 3) There is no warrant of arrest.
provided, ANY one of the following conditions is
met: a. Arbitrary detention - No ground, intent is just to 4) Fails to deliver such person to proper judicial
detain without intent to deliver to judicial authorities within:
a. The accused is a Filipino citizen;
authorities. a) 12 hours for light;
b. The accused, regardless of citizenship or
residence, is present in the Philippines; or b. Unlawful arrest (Art 269) - Detention of no legal b) 18 hours for correctional;
ground, purpose to deliver to judicial authorities
c. The accused has committed the said crime c) 36 hours for afflictive or capital offenses.
against a Filipino citizen. c. Delay of delivery (Art 125) - there is legal ground,
but unduly delays delivery. 126 Delaying release
Crimes Against the Fundamental d. Coercion (Art 286) - no intention to detain but Delaying:
B Laws of the State victim was restricted of freedom of movement
1) Performance of a judicial or executive order of
Title Two

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 104 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

release;
3) Refusing to leave when so required. 3) Searches the domicile;
2) Service of notice; or Elements 4) No witness present.
3) Proceedings upon any petition for release. 1) Offender is a public officer or employee; Prohibition, interruption, and
Elements 131
2) No judicial order. dissolution of peaceful meetings
1) Offender is a public officer or employee;
Search warrants maliciously obtained 1) Prohibiting or interrupting the holding of a
2) There is a judicial or executive order of release, or 129
and abuse in the service of those legally obtained peaceful meeting without legal ground, or
a proceeding upon a petition of release; dissolving same;
Acts punished with corresponding elements
3) Offender baselessly delays. 2) Hindering any person from joining lawful
1) Procuring search warrant without just cause;
127 Expulsion associations or from attending their meetings;
3) Prohibiting or hindering any person or group
Acts punished a) Offender is a public officer or employee;
from petitioning for redress of grievances.
1) Expels a person from PH; b) Procures a search warrant;
132 Interruption of religious worship
2) Compels him to change residence c) No just cause.
1) Public officer or employee;
Elements 2) Excess in executing search warrant;
1) Public officer or employee; a) Offender is a public officer or employee; 2) Religious ceremonies or manifestation of religion
are about to take place or are ongoing;
2) Does either acts punished; b) Search warrant legally procured;
3) Prevents or disturbs the same.
3) Not authorized by law. c) Exceeds authority, or unnecessary severity.
133 Offending the religious feelings
128 Violation of domicile 130 Searching domicile without witnesses
Performs acts notoriously offensive to the feelings of the
Acts punished Conduct of judicially authorized search without faithful.
witnesses present
1) Entering a dwelling against owner's will; 1) Acts performed in
2) Searching without owner's previous consent; 1) Offender is a public officer or employee
a) a place devoted to religious worship; OR
2) Valid search warrant;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 105 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

officer detaining a person for more than six hours appealed to the DOJ or made the subject of a motion for
b) during religious ceremony;
prescribed by the Revised Penal Code, the means of reconsideration, reinvestigation or automatic review.
2) Acts are notoriously offensive to the feelings of the communication as well as the hour of arrest and other
faithful. circumstances, such as the time of surrender and the

C Crimes Against Public Order

material possibility for the fiscal to make the investigation
Soria v. Desierto and file in time the necessary information, must be taken Title Three
Was there a delay in the delivery of detained person to the proper into consideration.
judicial authorities under the circumstances? The answer is in 134 Rebellion or insurrection
the negative. The complaints against him were seasonably
filed in the court of justice within the thirty-six (36)-hour IBP v. DOJ 2017 En Banc Public uprising and taking arms against the government
period prescribed by law. The duty of the detaining The waiver of Article 125 of the RPC does not vest upon the 1) There be a
officers is deemed complied with upon the filing of the DOJ, PPO, BJMP, and PNP the unbridled right to a) public uprising, and
complaints. Further action, like issuance of a Release indefinitely incarcerate an arrested person and subject
Order, then rests upon the judicial authority. b) taking arms against the Government.
him to the whims and caprices of the reviewing
prosecutor of the DOJ. The waiver of Article 125 must 2) Purpose is either:
coincide with the prescribed period for preliminary a) to remove from the allegiance thereto or its
Medina v. Orozco investigation as mandated by Section 7, Rule 112 of the laws:
November 7 was a Sunday; November 8 was declared an Rules of Court. Detention beyond this period violates the
accused's constitutional right to liberty. i) PH territory or any part thereof; or
official holiday; and November 9 (election day) was also an
official holiday. These are considerations sufficient enough Accordingly, the Court rules that a detainee under such ii) any body of land, naval or other
to deter us from declaring that Arthur Medina was circumstances must be promptly released to avoid armed forces; or
arbitrarily detained. For, he was brought to court on the violation of the constitutional right to liberty, despite a b) to deprive the Chief Executive or Congress,
very first office day following arrest. waiver of Article 125, if the 15-day period (or the thirty wholly or partially, of any of their powers
30-day period in cases of violation of R.A. No. 9165) for the or prerogatives.
conduct of the preliminary investigation lapses. This rule
Sayo v. Chief of Police of Manila also applies in cases where the investigating prosecutor NOTES
For the purpose of determining the criminal liability of an resolves to dismiss the case, even if such dismissal was 1. Rebellion is to overthrow and supersede the existing

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 106 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Government. Prosecutor of Zamboanga v. CA Enrile v. Amin

2. Insurrection merely seeks to effect some change of The political motivation for the crime must be shown in The attendant circumstances in the instant case, however
minor importance, or to prevent the exercise of order to justify finding the crime committed to be constrain us to rule that the theory of absorption in
governmental authority with respect to particular rebellion. Otherwise, as in People v. Ompad, although it rebellion cases must not confine itself to common crimes
matters or subjects. was shown that the accused was an NPA commander, he but also to offenses under special laws which are
3. Considered as Terrorism under RA 9372 when it was nonetheless convicted of murder for the killing of a perpetrated in furtherance of the political offense.
results to a condition of widespread and person suspected of being a government informer.
Intent or motive is a decisive factor. If Senator Ponce
extraordinary fear and panic, in order to coerce the Enrile is not charged with rebellion and he harbored or
government to give in to an unlawful demand. concealed Colonel Honasan simply because the latter is a
Beltran, et al v. Gonzalez friend and former associate, the motive for the act is
People v. Lovedioro Petitioners are party-list representatives charged with completely different. But if the act is committed with
Rebellion. political or social motives, that is in furtherance of
The gravamen of the crime of rebellion is an armed public
rebellion, then it should be deemed to form part of the
uprising against the government. Political motive should The allegations in the affidavits are far from the proof
crime of rebellion instead of being punished separately.
be established before a person charged with a common needed to indict Beltran for taking part in an armed
crime — alleging rebellion in order to lessen the possible public uprising against the government. What these
imposable penalty — could benefit from the law's documents prove, at best, is that Beltran was in Bucal,
Ocampo v. Abando, et al 2014 En Banc
relatively benign attitude towards political crimes. In Padre Garcia, Batangas on 20 February 2006 and that 14
cases of rebellion, motive relates to the act, and mere years earlier, he was present during the 1992 CPP Plenum. The political offense doctrine is not a ground to dismiss
membership in an organization dedicated to the None of the affidavits stated that Beltran committed the charge against petitioners prior to a determination by
furtherance of rebellion would not, by and of itself, specific acts of promoting, maintaining, or heading a the trial court that the murders were committed in
suffice. rebellion as found in the DOJ Resolution of 27 February furtherance of rebellion.
2006. None of the affidavits alleged that Beltran is a leader
In the absence of clear and satisfactory evidence pointing Under the political offense doctrine, “common crimes,
of a rebellion. Beltran's alleged presence during the 1992
to a political motive for the killing of SPO3 Jesus Lucilo, we perpetrated in furtherance of a political offense, are
CPP Plenum does not automatically make him a leader of
are satisfied that the trial court correctly convicted divested of their character as “common” offenses and
a rebellion.
appellant of the crime of murder. assume the political complexion of the main crime of
which they are mere ingredients, and, consequently,
cannot be punished separately from the principal offense,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 107 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

or complexed with the same, to justify the imposition of a 1) Conspiracy to commit rebellion;
b) tumultuously;
graver penalty.”
2) Proposal to commit rebellion. 2) Employ force, intimidation, and illegal means;
The burden of demonstrating political motivation must
137 Disloyalty of public officers or employees 3) Purpose is either to:
be discharged by the defense, since motive is a state of
mind which only the accused knows. If it is shown that the 1) Offender is a public officer; a) Prevent the promulgation or execution of
proper charge against petitioners should have been simple any law or the conduct of elections;
2) Fails to resist a rebellion;
rebellion, the trial court shall dismiss the murder charges
b) Prevent the Government, national or local,
upon the filing of the Information for simple rebellion, as 3) Continues to discharge official duties under the
or any public officer from freely exercising
long as petitioners would not be placed in double control of the rebels;
its or his functions, or prevent the
jeopardy. 4) Accepts appointment under them. execution of an administrative order;

138 Inciting to rebellion c) Inflict hate or revenge upon the person or

134- property of any public officer or employee;
Coup d'etat
A Inciting to rebel through speeches, proclamations,
d) Commit any act of hate or revenge against
writings, emblems, banners, etc.
1) Offender belongs to the military or police or private persons or social classes, for any
holding public office or employment; 1) Does not take arms or is not in open hostility political or social end;
against the Government;
2) Swift attack with violence, intimidation, threat, e) Despoil, for any political or social end, the
strategy or stealth; 2) Incites others to rebel; Government, national or local of all or any
3) Attack is directed against duly constituted 3) Inciting done by means of speeches, and others part of its property.
authorities of RP, or any military camp or tending to the same end.
installation, communication networks, public NOTES
139 Sedition
facilities or others needed for the exercise and 1. Sedition is the raising of commotions or disturbances
continued possession of power. Public and tumultuous uprising employing force, in the State.
4) Purpose is to seize or diminish state power. intimidation, or other means outside of legal methods. 2. Art 153 defines tumultuous as an act if committed by
1) Offenders rise more than three (3) persons who are armed or
Conspiracy and proposal to commit coup,
136 provided with means of violence.
rebellion or insurrection a) publicly, and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 108 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Acts tending to prevent the meeting of Congress

3. Act 3 must have been motivated only by the fact that 143 c) casting his vote.
the victim is a public officer, otherwise it would be a and similar bodies
Committed by a public officer
case of malicious mischief or any other ordinary 1) There be a projected or actual meeting of
crime. (Regalado) 1) Public officer or employee;
Congress, its comm., subcomm., constitutional
comm. or divisions thereof, or any LG council; 2) Arrests or searches a member of Congress;
141 Conspiracy to commit sedition
2) Such is prevented by force or fraud. 3) Congress is in session;
142 Inciting to sedition
4) Member arrested has not committed a crime
Disturbance of proceedings of congress or similar
Acts punished 144 punishable by a penalty higher than PM under the
bodies
Code.
1) Inciting others to sedition through speeches,
1) There be a projected or actual meeting of
proclamations, writing, emblems, etc. 146 Illegal assemblies
Congress, its comm., subcomm., constitutional
2) Uttering seditious words or speeches that tend to comm. or divisions thereof, or any LG council; Acts punished with corresponding elements
disturb the public peace;
2) Offender either: 1) Any meeting attended by armed persons for the
3) Writing, publishing, or circulating scurrilous
a) disturbs such meeting; or purpose of committing a crime under the RPC
libels against the Government or any of its duly
constituted authorities, which tend to disturb the b) behaves in such an interruptive manner, or a) There is a meeting, either in a fixed place
public peace. to impair the respect due it. or moving;

4) Knowingly concealing such evil practices. b) Attended by armed persons;

145 Violation of parliamentary immunity
Elements c) Purpose is to commit a crime under the
Committed by any person RPC;
1) Offender does not take direct part in the crime of
1) Offender uses force, intimidation, threats, or 2) Any meeting in which the audience is incited to
sedition;
fraud; commit TRISA.
2) Incites other to accomplish any of the acts
2) Purpose is to prevent a member of Congress from a) There is a meeting;
constituting sedition;
a) attending any of its meetings; b) The audience, whether armed or not, is
3) Inciting is done through speeches, proclamations,
writings, emblems, cartoons, banners, etc. b) expressing his opinions; or incited to commit TRISA.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 109 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

attainment of any of the purpose of rebellion or person in authority or his agent.

NB: Treason, Rebellion or Insurrection, Sedition, or
Assault upon a person in authority or his agents sedition;
e) No public uprising.
(TRISA). a) Offender employs force or intimidation;
NOTES
147 Illegal associations b) Aim is the same as rebellion or sedition;
c) No public uprising. 1. If the offended party is a mere agent, force employed
Founders, directors, presidents, forming or organizing, must be of a serious character as to indicate
and members in an association totally or partially 2) by attacking, employing force, or by seriously determination to defy the law and its representative
organized for: intimidating or seriously resisting any person in at all hazards. Otherwise, offense is simple resistance
authority or any of his agents, while engaged in or disobedience under Art 151.
1) the purpose of committing a crime; or
the performance of official duties, or on the
2) some purpose contrary to public morals occasion of such performance. 2. Force employed need not be serious when offended
party is a person in authority.
Elements a) Offender
3. Agent of a person in authority is one who,
1) An association is formed or organized; i) attacks,
a. by direct provision of law or
2) The purpose of which is to commit a crime or ii) employs force,
contrary to public morals. b. by election or
iii) makes a serious intimidation, OR
c. by appointment of competent authority,
NOTE iv) serious resistance;
is charged with the maintenance of public order and
If the assembly was called for the purpose of committing b) Person assaulted is a person in authority or the protection and security of life and property.
a crime other than TRISA, there must be armed persons his agent;
4. Knowledge of the accused that offended party is a
in attendance therein; otherwise, the offense will be c) Offended party person in authority or his agent, essential and must
public disorder (Art 153) or unlawful utterances (Art
i) is performing official duties, OR be alleged in the information.
154[2]). (Regalado)
ii) that he is assaulted, by reason of Balsamo v. People 2023 Lopez, M., J.
148 Direct assaults the past performance of official
duties; The question of whether the crime is direct assault or resistance
Without public uprising: and disobedience to persons in authority or their agents depends
d) Offender knows the offended party as a
1) by employing force or intimidation, for the on the gravity of the act proved and the particular conditions

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 110 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

under which it is committed. The courts must consider the makes a serious resistance; injured fingers. Taken together, the circumstances
circumstances surrounding the conduct of the offender, the surrounding the act, the motive prompting it, and
3.2. that the person assaulted is a person in
motives prompting it, and the real importance of the authority or their agent; the real importance of the transgression reveal that
transgression. Rochard's use of force against PO3 Adalim is not
3.3. that at the time of the assault, the person in dangerous, grave, or severe.
WON Rochard is guilty of Direct Assault. authority or their agent is engaged in the
actual performance of official duties, or that 6. The force involved in direct assault must be serious
1. NO. Rochard is instead guilty of resistance to an
they are assaulted by reason of the past or more than a sudden blow, slapping, or punching.
agent of a person in authority.
performance of official duties; Corollarily, although the charge is direct assault, the
2. There are two modes of committing direct assault: prosecution was able to prove resistance or
3.4. that the offender knows that the one they are disobedience. These felonies have similar elements,
2.1. first, by any person or persons who, without
assaulting is a person in authority or his or varying only as to the degree of seriousness of the
a public uprising, shall employ force or
her agent in the exercise of their duties; and offender's resistance. Direct assault necessarily
intimidation for the attainment of any of the
purposes enumerated in defining the crimes 3.5. that there is no public uprising. includes resistance or disobedience.
of rebellion and sedition; and 4. The controversy lies in the first element: whether the Gelig v. People 2010
2.2. second, by any person or persons who, nature and amount of force that Rochard employed
against PO3 Adalim constitute direct assault. RTC convicted Lydia Gelig for committing the complex
without a public uprising, shall attack,
crime of direct assault with unintentional abortion. On
employ force, or seriously intimidate or 5. Here, the facts show that PO3 Adalim chased
the day of the commission of the assault, Gemma was
resist any person in authority or any of their Rochard and grabbed his right arm. Rochard
engaged in the performance of her official duties, that is,
agents, while engaged in the performance of punched PO3 Adalim in the chest in order to free
she was busy with paperwork while supervising and
official duties, or on occasion of such himself and evade arrest. The act is done not to
looking after the needs of pupils. Lydia was already angry
performance. assault PO3 Adalim or to defy his authority. Rochard
when she entered the classroom and accused Gemma of
3. Rochard was charged under the second mode of blindly slammed the gate while running away
calling her son a "sissy". Gemma then proceeded towards
direct assault which has the following elements, to without knowing that it hit PO3 Adalim's arm and
the principal's office but Lydia followed and resorted to
wit: fingers. More telling is that PO3 Adalim sustained
the use of force by slapping and pushing her against a
slight abrasions and swollen fingers. Also, PO3
3.1. that the offender makes an attack, employs wall divider. The violent act resulted in Gemma's fall to
Adalim was able to run after Rochard punched him
force, makes a serious intimidation, or the floor.
in the chest, and withstand the pain from his

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 111 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

150 Disobedience to summons issued by Congress 151 Simple disobedience

Gemma, being a public school teacher, belongs to the
class of persons in authority expressly mentioned in Refusing: 1) An agent of a person in authority is engaged in the
Article 152 of the RPC. performance of official duty or gives a lawful order
1) Without legal excuse, to obey summons of
to the offender;
149 Indirect assaults Congress or any part thereof, or the
Constitutional Commissions, or any part thereof; 2) Offender disobeys;
Using force or intimidation upon any person aiding a
person in authority or his agent under direct assault. 2) To be sworn or placed under affirmation; 3) Disobedience not serious.
3) To answer any legal inquiry or to produce any 153 Tumults and other disturbances of public
documents in his possession, when so required; or
1) A person in authority or his agent is a victim of order
Direct Assault; 4) Restraining another from attending as a witness;
1) Causing any serious disturbance in a public place,
2) A person comes to the aid of the offended party; 5) Inducing disobedience to a summons or refusal to office, establishment;
be sworn.
3) Offender makes use of force or intimidation upon 2) Interrupting or disturbing performances,
him. Elements functions, gatherings, peaceful meetings, if the
1) A person has been duly summoned by Congress or act is not included in Arts 131 and 132;
NOTES the Constitutional Commissions;
3) Making an outcry tending to incite rebellion or
1. Important points from Regalado: 2) Commits any of the acts punishable. sedition in any gathering;
a) Victim of DA is PIA, attack against person coming 4) Displaying placards or emblems which provoke
151 Resistance and serious disobedience
to his aid will be Direct Assault, Resistance or disturbance;
disobedience depending on the degree of force or 1) A person in authority or his agent is engaged in
violence against him. 5) Burying with pomp the body of a legally executed
the performance of official duty or gives a lawful
person.
b) Victim of DA is Agent, attack against person order to the offender;
coming to his aid will be Indirect Assault; Qualified: If the disturbance or interruption is
2) Resists or seriously disobeys;
resistance or disobedience will only be physical tumultuous.
3) Act of the offender not included in Arts 148, 149,
injuries or coercion depending on the act against ➔ May commit a separate crime, i.e. serious physical
150.
him. injuries.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 112 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

danger;
➔ May also be complexed, i.e. assault and b) Jailer, if public officer - Art 223, infidelity in the
tumultuous disturbance. 2) Instigating or taking an active par in any charivari custody of prisoners + Art 210, bribery;
or other disorderly meeting offensive to another
Unlawful use of means of if private person - Art 225, next lower that Art 223
or prejudicial to public tranquility;
+ Art 210;
154 publication and unlawful
3) Disturbing the public peace while wandering c) Prisoner, if convict - Not liable in Art 156, but in
utterances
about at night or while engaged in any other Art 157;
1) Publishing or causing to be published as news any nocturnal amusements;
if detention - no liability, but if convicted, shall
false news which may endanger the public order, 4) Causing any disturbance or scandal in public not avail of ISLAW.
or cause damage to the interest or credit of the places while intoxicated or otherwise, provided
State. Art 153 is not applicable. 157 Evasion of service of sentence
2) Encouraging disobedience to the law or to the
156 Delivering prisoners from jails Escape of a prisoner by final judgment from jail.
constituted authorities or by praising, justifying
or extolling any act punished by law; 1) Offender is a convict by final judgment;
Acts punished
3) Maliciously publishing or causing to be published 2) He is serving sentence consisting of deprivation of
1) Removal of a person from jail;
any official resolution or document without liberty;
2) Assists in the escape of a prisoner.
proper authority, or before they have been 3) He escapes.
officially published. Elements
159 Violation of conditional pardon
4) Printing, publishing or distributing (or causing 1) There is a person confined in a jail;
the same) books, pamphlets, periodicals, or 2) Offender removes therefrom such person, or helps Conditionally pardoned convict violates any of the
leaflets which do not bear the real printer's name, him escape. conditions set forth in the pardon.
or which are classified as anonymous.
1) Offender was a convict;
NOTES
155 Alarms and scandals 2) Granted conditional pardon by Chief Executive;
1. Separate and distinct from Bribery:
1) Discharging any firearm, rocket, firecracker, or 3) Violated any of the conditions of the pardon.
a) Briber - Art 156 + Art 212, corruption of a public
other explosive, within any town or public place,
officer; NOTES RE EVASION
calculated to cause (which produces) alarm or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 113 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

165 Selling of false or mutilated coins, without

1. Art 157, Qualified: 3) stamp of the President.
connivance
1) means of unlawful entry; 162 Using forged signature or counterfeit seal or
stamp Acts punished with corresponding elements
2) breaking doors, windows, gates, walls, roofs, or
floors; 1) Possession of coin, counterfeited or mutilated by
1) Great Seal of the Republic was counterfeited or the
another
3) using picklocks, false keys, disguise, deceit, signature or stamp of the Chief Executive was
violence or intimidation; or forged by another person; a) Possession

4) connivance with other convicts or employees of 2) Offender knew of the counterfeiting or forgery; b) With intent to utter
the penal institution. c) Knowledge.
3) He used the counterfeit seal or forged signature or
160 Quasi-recidivism stamp. 2) Actually uttering

Convict by final judgment commits a new felony Counterfeiting or Mutilating coins a) Actually uttering
punishable by the RPC before beginning to serve or while b) Knowledge.
163 Making, importing and uttering false coins.
serving a sentence.
1) There be false or counterfeited coins; False Treasury or Bank notes
1) Offender is a convict by final judgment;
2) Offender either made, imported, or uttered such Forging treasury or bank notes or other
2) Committed a new felony before beginning to serve
coins; documents payable to bearer, importing, and
such sentence, or while serving the same. 166
uttering of such false or forged notes and
3) In case of uttering, he connived with the
documents
counterfeiters or importers.
D Crimes Against Public Interest 1) Forging or falsification of treasury or bank notes
Title Four
Mutilation of coins, importation and uttering of
164 or other documents payable to bearer;
mutilated coins
161 Counterfeiting or forging 2) Importation;
1) Mutilating coins with intent to damage or defraud.
Forging the: 3) Uttering in connivance with the forgers or
2) Importing or uttering such mutilated coins with importers.
1) Great Seal of the Government of the PH; connivance with the mutilator or importer.
167 Counterfeiting, importing and uttering
2) signature of the President;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 114 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

instruments not payable to bearer genuine document.

1) Counterfeiting or imitating any handwriting,
1) There be an instrument payable to order or other e.g. Writing the word "Victory" in ink at the back signature or rubric.
document not payable to bearer; of the one-peso bill which accused gave as
Two ways:
payment. (PP v Galano).
2) Offender either forged, imported or uttered such 1) Counterfeiting, requisites are:
instrument; 2) Erasing, Substituting, Counterfeiting, or Altering
a) intent or attempt to imitate,
by any means the figures, letters, words, or sign
3) In case of uttering, he connived with the forger or
contained therein. b) genuine and forged bear some
importer.
resemblance; and
e.g. A wrote B's name on the back of said treasury
Illegal possession and use of forged treasury or warrant as if B had indorsed it, and then 2) Feigning which is simulating something
168
bank notes and other instruments of credit presented it for payment. (US v. Solito) that does not exist.

1) Any treasury or bank note or certificate or other Making it appear that a person who does
Falsification
obligation and security payable to bearer, or any not know how to write has signed the
instrument payable to order or other document of 170 Falsification of legislative documents document is feigning.
credit not payable to bearer is forged or falsified by 2) Causing it to appear that persons have
1) There be a bill, resolution, or ordinance of any
another person. participated in any act or proceeding.
stage and of any legislative body;
2) Knowledge; a) Causing it to appear that a person
2) Offender alters;
3) Performs any of these acts: participated in an act; and
3) He has no proper authority;
a) Using any such forged or falsified instruments; b) Such person did not in fact participate.
4) Alteration has changed the meaning.
or 3) Attributing to persons who have participated in
Falsification by public officer, employee or notary an act or proceeding statements other than those
b) Possessing with intent to use. 171
or ecclesiastical minister in fact made by them.
169 How forgery is committed
Any public officer, employee, or notary, or ecclesiastical a) A person participated in an act;
1) Giving to a treasury or bank note or any minister, who takes advantage of his official position.
b) He made statements in that act; and
instrument payable to bearer or to order
Acts punished with corresponding elements c) Statements other than those made by such
mentioned therein the appearance of a true and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 115 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

person were attributed to him. something false.

c) Falsification committed in public, official,
4) Making untruthful statements in a narration of 7) Issuing in authenticated form a document or commercial documents.
facts. purporting to be a copy of an inexistent
2) Falsification of private documents.
document.
a) In a document, there be a narration of a) Offender committed act in Art 171 except
facts; ➔ Purporting to be a copy of an inexistent par 7;
document — Making a copy of a deed of sale
b) Offender has legal obligation to disclose b) Committed in any private document;
the truth; which was never executed;
8) Intercalating any instrument or note relative to c) Caused or with intent to cause damage to
c) Facts are absolutely false; a third party.
the issuance thereof in a protocol, registry or
d) Wrongful intent of injuring a third person. official book. 3) Use of falsified documents.
➔ Person making the narration of facts must ➔ Including in a copy a statement contrary to, or in a judicial proceeding
have knowledge of its falsity. different from that of the genuine original —
a) Knowledge;
5) Altering true dates Civil registrar stating that a person is
legitimate contrary to that stated in the b) False document embraced in Art 171 or 172
➔ Date must be essential. pars 1-2;
original.
➔ Must affect either the veracity or the c) Introduced in evidence in any judicial
effects of the document. Falsification by private individuals and use of
172 proceeding.
falsified documents
➔ Altering dates in official receipts to prevent in any other transaction
discovery of malversation is falsification. Acts punished with corresponding elements
d) Used such document;
6) Making any alteration or intercalation in a 1) Falsification of public, official or commercial
genuine document which changes its meaning. e) Caused or with intent to cause damage.
documents.
a) There be an alteration or intercalation; a) Offender is private individual or public False medical certificates, false certificates of
174
officer who did not take advantage of his merit or service
b) Made on a genuine document;
official position;
c) Meaning of document has changed; and Punishable act committed by offender
b) Committed any acts in Art 171;
d) Change made the document speak 1) Physician falsifies medical certificate,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 116 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

2) Public Officer falsifies certificate of merit or 4) Defendant is either acquitted or convicted by final 2) Such was made before a competent officer,
service, good conduct, etc, judgment. authorized to receive and administer oath;
3) Private person falsifies either. 181 False testimony favorable to the defendant 3) Willful and deliberate assertion of falsehood;

175 Using false certificates 4) Statement or affidavit required by law.

1) There be a criminal proceeding;
1) Art 174 has been committed; 2) Offender testifies falsely under oath with intent to 184 Offering false testimony in evidence
favor defendant;
2) Offender knew of the falsity; 1) Offered in evidence a false witness or testimony;
3) He used the same. 3) Knows of falsity;
2) Knows of falsity;
182 False testimony in civil cases
177 Usurpation 3) Made in a judicial or official proceeding.
1) Civil case;
1) Usurpation of authority
NOTES RE FALSE TESTIMONY
2) Testimony is relevant, and
knowingly and falsely representing oneself to be
1. Material matter is the main fact which is the subject of
an officer, agent, rep of the PH or any foreign gov't 3) False;
the inquiry or any circumstance which tends to prove
2) Usurpation of official functions 4) Knows of falsity; that fact, or any fact or circumstance which tends to
performing any act pertaining to any person in 5) Malicious with intent to affect the issues corroborate or strengthen the testimony, or which
authority, under pretense of official position, and presented. legitimately affects the credit of any witness who
without being lawfully entitled to. testifies.
183 False testimony in other cases and perjury
2. Subornation of perjury is committed by procuring
False testimony another to swear falsely.
Acts punished
180 False testimony against a defendant 1) Falsely testifying under oath; and 3. Offer of testimonial evidence, begins the moment a
witness is called to the witness stand and interrogated
1) There be a criminal proceeding; 2) Making a false affidavit.
by counsel.
2) Offender testifies falsely under oath against Elements
4. If the false witness desists, he is not liable. The offeror
defendant;
1) Made statement under oath, or executed an however is liable for attempted offering false
3) Knows of falsity; affidavit upon a material matter; testimony in evidence.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 117 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

185 Machinations in public auctions 3. Bid rotation, takes turns winning bids. Malabanan v. Sandiganbayan 2017

Common elements 4. Market allocation, agree not to compete for Offenders are considered to have taken advantage of their
certain customers or in certain areas. official position in falsifying a document if
1) There be public auction;
2) Intent to cause reduction of price Has been repealed by RA 10667 or the Philippine 1) they had the duty to make or prepare or otherwise
186 intervene in the preparation of the document; or
Competition Act
Acts punished with additional elements
2) they had official custody of the falsified document
1) Soliciting any gift or promise
In cases of falsification, we have interpreted that the
a) Solicited gift or promise; Layug v. Sandiganbayan
criminal intent to pervert the truth is lacking in cases
b) To refrain bidders from taking part. There is authority to the effect that a fourth requisite, i.e., showing that
that the act of falsification was committed to the damage
2) Attempting bidders to stay away 1) the accused did not benefit from the falsification;
of a third party or with intent to cause such damage, may
and
a) Attempted to cause bidders to stay away; be dispensed with as regards falsification of public or
b) By threats, gifts, promises or other official documents. In the prosecution of cases involving 2) no damage was caused either to the government or
artifice. falsification of daily time records, it is imperative that to a third person.
there be proof of damage to the government. Such
Common bid manipulation practices: damage may take the form of salary paid to the accused
for services not rendered. People v. Partisala 2022
1. Bid cover happens when a competitor submits a
bid that is either Partisala was a public officer, being the Vice-Mayor of
Maasin, Iloilo City, at the time material to the case.
a) higher than that of the designated winner, Tepoco v. People 2017
re Falsification of public documents He took advantage of his official position as the vice
b) too high to be accepted, or
mayor, together with his co-accused, to falsify the
c) contains special terms that are known to be Wrongful intent on the part of the accused to injure a Minutes of the SB by making or preparing or intervening
unacceptable by the purchaser. third person is NOT an essential element of the crime of in the preparation thereof, to make it appear that the SB
falsification of public document. deliberated on the issuance of Resolution Nos. 30-A and
2. Bid suppression happens when a company does
not submit a bid for final consideration. 30-B giving Mondejar the authority to enter into a
contract with IBC with respect to the rechanneling of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 118 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Tigum River. the time of signing of the contracts of services, DTRs and permitted to work outside the agency's prescribed office
ARs. Juxtaposed with the comparison made by the hours pursuant to CSC Resolution No. 020790, and as
Falsification of Public Document is committed when the
public document is simulated in a manner so as to give it Sandiganbayan of the subject signatures, which is confirmed by the HR Department. They cannot be faulted
the appearance of a true and genuine instrument, thus, considered only as circumstantial evidence, Fidela's for indicating in their DTRs that they worked from 8:00
leading others to errors as to its authenticity. testimony constitutes direct evidence as to the a.m. to 5:00 p.m. because this was the directive of the
genuineness of the subject signatures on the subject accounting office, otherwise, their salaries would not be
The refusal of Trojillo and Albacete to sign the falsified documents. The plain comparison of the questioned processed.
minutes prepared by Tolentino to legitimize the MOA signatures made by the Sandiganbayan cannot prevail
entered into by Mondejar, sufficiently proved that the over the direct evidence of Fidela.
minutes did not reflect the true and actual proceedings of
the session. Partisala's participation in the falsification of Falsification of a public document was not sufficiently E Crimes Against Public Morals
established by the prosecution. The offender is considered Title Six
the minutes cannot be denied, as he himself persuaded
Trojillo to sign it to make it appear that there are two to have taken advantage of his or her official position in
resolutions justifying the MOA entered into by Mondejar making the falsification when 200 Grave scandal
with IBC. a. he or she has the duty to make or prepare or,
1) Act is performed;
otherwise, to intervene in the preparation of a
document; or 2) Such be highly scandalous as offending against
People v. Palma Gil-Roflo 2022 decency or good customs;
b. he or she has the official custody of the document
Accused-appellants are NOT guilty of violating Section 3 which he falsifies. 3) Not under any other article;
(e) of RA 3019 and Article 171 (4) of the RPC. Criminal intent is required in order to incur criminal 4) Done in a public place or within public knowledge
liability under Article 171 of the RPC. Here, the element of or view.
Forgery was not substantiated by clear, positive and
convincing evidence. Accused-appellants were able to malicious intent is sorely wanting. Accused-appellants
Immoral doctrines, obscene publications and
adduce sufficient evidence to prove that they truly worked cannot be held criminally culpable for Falsification of
201 exhibitions
in the satellite office of Roflo in Davao City. Public Documents by making untruthful statements in a
(as amended by PD 969)
narration of facts in the absence of a clear showing that
Here, Fidela, the private secretary of Palma-Gil,
they acted with malicious intent when they affixed their 1) Publicly proclaim doctrines openly contrary to
categorically declared under oath that the signatures
signatures on the contested documents. They were acting public morals;
thereon were not forgeries as she was physically present at
in good faith and in the honest belief that they were

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 119 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

2) a. Authors or publishers of, or owners of Anti-Graft and Corrupt Practices Act

establishment selling obscene literature; Madrilejos v. Gatdula 2019 En Banc
Anti-Plunder Act
b. Exhibit indecent or immoral plays, scenes, Ordinance No. 7780 is a local legislation which
acts, or shows which: criminalizes obscenity. Obscenity is unprotected speech. Who are public officers
i) glorify criminals or condone crimes; Under the circumstances, the proper recourse for 1) Taking part in the performance of public functions in
ii) serves no other purpose but to satisfy petitioners would have been to go to trial to allow the RTC, the Government, or
market for violence, lust or pornography; as the trier of fact, to judicially determine whether the
Performing in said Government public duties as an
materials complained of as obscene were indeed
iii) offend any race or religion; employee, agent or subordinate official, of any rank
proscribed under the language of Ordinance No. 7780. As
or class;
iv) tend to abet us of prohibited drugs; and part of their defense, petitioners can probably argue for
v) are contrary to law, public order, morals, the adoption of the Miller standards, which requires the 2) His authority must be by
good customs, established policies, lawful trier of fact to ascertain: a) direct provision of law;
orders, decrees and edicts; a) whether "the average person, applying b) popular election; or
3) Sell, give away, or exhibit offensive displays. contemporary community standards" would find
c) appointment by competent authority.
that the work, taken as a whole, appeals to the
prurient interest; For purposes of RPC, there is no distinction between a
Leus v. St. Scholastica’s College Westgrove 2015
public officer and a public employee. What is determinative
b) whether the work depicts or describes, in a
The determination of whether a conduct is disgraceful or is not the nature of appointment but of the duties he
patently offensive way, sexual conduct specifically
immoral involves a two-step process: first, a consideration performs.
defined by the applicable state law; and
of the totality of the circumstances surrounding the
conduct; and second, an assessment of the said c) whether the work, taken as a whole, lacks serious Crimes Committed by Judges
circumstances vis-à-vis the prevailing norms of conduct, literary, artistic, political, or scientific value. 204 Knowingly rendering unjust judgment
i.e., what the society generally considers moral and
respectable. 1) Offender is a judge;

The morality referred to in the law is public and Crimes Committed by Public 2) Renders judgment;
necessarily secular, not religious. F Officers
3) Such is unjust;
Title Seven

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 120 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4) Knows it is unjust. 1) Refrains prosecution; or 1) Agree to perform, or perform a criminal act;

205 Rendering judgment through negligence 2) Tolerates offenses. 2) Accepting a gift in consideration of executing an
unjust act that is not criminal;
Elements
1) Offender is a judge;
1) Offender is a public officer or officer of the law; 3) Agree to refrain, or refrain from doing an official
2) Renders judgment; duty.
2) There is dereliction of duty;
3) Such is manifestly unjust; Common Elements
3) With malice and deliberate intent to favor
4) Due to inexcusable negligence or ignorance. 1) Offender is a public officer;
violator of law.
206 Rendering unjust interlocutory order 2) Accepts an offer or a promise, or receives gift
Betrayal of trust by an attorney or solicitor —
209 personally or through third person;
1) Offender is a judge; revelation of secrets
3) Does the act;
2) (a) knowingly renders unjust interlocutory order; 1) Causing damage to his client, by
4) Agreed act in connection with the performance of
or
a) any malicious breach of professional duty, official duties.
(b) Renders manifestly unjust one through or
inexcusable negligence or ignorance. 211 Indirect bribery
b) inexcusable negligence or ignorance;
207 Malicious delay in the administration of justice 2) Revealing secrets he has learned from his client in 1) Offender a public officer;
his professional capacity, to which damage is not 2) Accepts gift;
1) Offender is a judge;
necessary;
2) There is a proceeding in his court; 3) By reason of his office.
3) Undertaking the defense of the opposing party in
3) Delays administration of justice; There must be clear intention on the part of the public
the same case without consent from the first one,
officer to take the gift and consider it as his from then on.
4) It is malicious, with intent to cause damage to after having undertaken the defense or received
either. confidential information from said client. 211 A Qualified bribery

208 Dereliction of duty in prosecution of offenses 210 Direct bribery 1) Public officer entrusted with law enforcement;

Officer of the law who maliciously Acts punished 2) Refrains from arresting or prosecuting offender

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 121 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

punishable by RP and/or Death; Illegal Exactions

b) other forms of swindling,
3) In consideration of any promise, gift. a) Public officer entrusted with the collection of taxes, c) windling a minor, OR
licenses, fees and other imposts;
212 Corruption of public officials d) other deceits.
b) Acts or omissions:
1) Offers or promises or gives gifts to public officer; RTC has jurisdiction when this article is involved because
1) Demanding the payment of sums different MTCs have no jurisdiction to impose the penalty of DQ.
2) Will make the public officer liable for Direct or from or larger than those authorized by law;
Indirect bribery. or 215 Prohibited transactions

2) Failing voluntarily to issue a receipt, as 1) Offender is an appointive PO.

NOTE
provided by law, for any sum of money 2) Becomes interested, directly or indirectly, in any
If offer is not accepted by public officer, only offeror collected by him officially; or transaction of exchange or speculation;
criminally liable for attempted corruption of public
officer in relation to Art 6. 3) Collecting or receiving by way of payment 3) Transaction takes place within the territory
or otherwise, things or objects of a nature subject to his jurisdiction;
Frauds different from that provided by law.
4) Becomes interested during incumbency.
213 Frauds against the public treasury
NOTE
Malversation
1) Offender is a public officer; A tax collector who collects a sum larger than that
217 Malversation of public funds or property
2) Intervened in his official capacity; authorized and spends it is guilty of two crimes:
Malversation, and Illegal Exaction. Acts punished
3) Entered into an agreement with an interested
party or speculator with regards to 214 Other frauds 1) Appropriating public funds or property.
a) furnishing supplies, 2) Taking or misappropriating the same.
1) Offender is a public officer;
b) making of contracts, OR 3) Consenting, or by abandonment or negligence,
2) Takes advantage of official position;
permitting any other person to take same.
c) the adjustment or settlement of accounts
3) Commits any of the frauds or deceits in Arts
relating to public property or funds; 4) Being otherwise guilty of the misappropriation or
315-318.
malversation of same.
4) Intent to defraud the Government.
a) estafa,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 122 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

explained is prima facie evidence. the PADC, he also received public funds through a cash
Elements
advance for their conference in Beijing, China.
1) Offender is a public officer; 5. The return of the funds malversed is only a mitigating
circumstance similar and analogous to voluntary An accountable officer was defined as a public officer or
2) Had the custody or control of funds or property by surrender (Art 13 par 7 in rel to par 10). employee who, in the discharge of his office, receives
reason of his office; money from the government which he is bound to later
218 Failure of accountable officer to render accounts
3) Those were public funds or property for which he account for.
was accountable; 1) Public officer, in the service or separated; In the case of Manlangit v. Sandiganbayan, petitioner, as
4) He appropriated, took, misappropriated or 2) Accountable for public funds or property; the OIC of the Information, Education and
consented or, through abandonment or Communication of the Pinatubo Commission, an agency
3) Required by law or regulations to render accounts
negligence, permitted another to take them. attached to the Office of the President, was considered an
to COA, or to a provincial auditor;
accountable officer when he received public funds for the
NOTES 4) Fails to do so two months after such accounts celebration of the anniversary of the commission. He was
should be rendered. held liable for violation of Article 218 of the RPC for his
1. If a subordinate PO, whose only responsibility is
Demand for accounting not necessary, as long as there is failure to liquidate. Likewise, in the case of Lumauig v.
towards his superior, who is in turn accountable to
a law requiring same. Misappropriation also not People, Aloysius Diat Lumauig, who was then the
the government, takes or misappropriates public
necessary. Municipal Mayor of Alfonso Lista, Ifugao, was found
funds or property, the crime is theft, not
guilty of violating Article 218 of the RPC when he failed to
malversation (Webster and Wickersham cases).
People v. Suba 2021 liquidate his cash advance which was used to purchase
2. But where the PO had the authority to receive money vehicles for the municipality.
Here, all elements have been duly proven by the
due to the Government, notwithstanding he had no
prosecution. As with the cases of Manlangit and Lumauig,
authority to disburse the same, is liable for
First, it is an undisputed fact that accused-appellant is a accused-­appellant received public funds pursuant to the
malversation when he misappropriated it.
public officer, being the Treasurer/Vice President for Request for Cash Advance he submitted to their
3. In malversation not committed through negligence, Accounting Division. He was a public officer who, in the
Operations of the Philippine Aerospace Development
lack of criminal intent, good faith is a defense. discharge of his duties, received money from the
Corporation, a GOCC under the supervision of the then
4. Conviction may be had even if there is no direct DoTC. government which he is bound to later account for.
evidence of misappropriation because the shortage in Third, EO 29853 and COA Circular No. 96-004 explicitly
Second, he is also an accountable officer for public funds
account that has not been able to be satisfactorily require government officials who requested for cash
or property. Aside from the fact that he is the Treasurer of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 123 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

advances for their official local or foreign travel to submit

4) Applies the same to a public use other than that 1) Public officer has Government funds in his
a liquidation report within a period specified by law. for which it has been appropriated. possession;
Knowing fully well that he has the duty to render an 2) Obliged to make payment from such;
accounting for his cash advance, he should have NOTES
submitted his liquidation report despite the absence of 3) Fails to pay maliciously.
1. No technical malversation if there is no law or
the travel authority. It took him almost 10 months from ordinance appropriating public funds or property for Infidelities
his return to the Philippines before he submitted his a particular purpose.
liquidation report, and only after the COA has issued him 223 Conniving with or consenting to evasion
a Notice of Suspension. Therefore, evidence on record 2. Criminal intent is not an element. The offense is a
mala prohibita. 1) Offender is a public officer;
duly establishes that the accused-appellant committed
nonfeasance in violation of Article 218 of the RPC. Technical Malversation and Malversation distinguished: 2) Had custody of prisoner;

1) In both, offenders are public officers; 3) Such prisoner escaped;

⭐
Failure of a responsible public officer to render
219
accounts before leaving the country 2) In first, no personal gain or profit; in second, there 4) There was connivance.
is profit in certain cases;
1) Public officer; 224 Evasion through negligence
3) In first, the fund is applied to another public use;
2) Accountable for public funds or property; 1) Offender is public officer;
in second, it is for the personal use and benefit of
3) Unlawfully left (or be on the point of leaving) PH offender or another. 2) Charged with the conveyance or custody of a
without securing from COA a certificate showing prisoner;
that his accounts have been fully settled. 221 Failure to make delivery of public funds or
property 3) Such prisoner escapes through negligence.
Illegal use of public funds or property or
220 Acts punished Escape of prisoner under the custody of a person
Technical Malversation 225
not a public officer
1) Failing to make payment;
1) Public officer;
1) Offender is a private person;
2) Refusing to make delivery after being ordered by
2) There is public fund or property under his
competent authority; 2) Conveyance or custody of a prisoner or a person
administration.
under arrest is confided to him;
Elements
3) Such has been appropriated by law or ordinance;
3) Prisoner or person under arrest escapes;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 124 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4) There was either consent or negligence. 2) Knows of secrets of a private person by reason of his b) to extort a confession or to obtain some
office; information.
229 Revelation of secrets by an officer 3) Reveals same without authority or unjustifiable 239 Usurpation of legislative powers
reasons.
Acts punished with corresponding elements
1) Offender is a judicial or executive officer;
1) Reveals any secrets known to offender by reason of Other Offenses or Irregularities
2) Offender
his official capacity. 231 Open disobedience
a) makes general rules or regulations beyond
a) Offender is a public officer;
1) Offender is a judicial or executive officer; the scope of his authority, or
b) Knows a secret through official capacity;
2) There is a judgment, decision or order of a superior; b) attempts to repeal a law, or
c) Reveals without authority or justifiable
3) Such was made within scope of jurisdiction and c) suspends the execution thereof.
reasons;
legally issued;
240 Usurpation of executive functions
d) Damage be caused to public interest.
4) Offender openly refuses to execute without any
2) Wrongfully delivers papers or copies, of which he legal justification. 1) Offender is a judge;
may have charge and which should not be 2) Offender
published. 235 Maltreatment of prisoners
a) assumes a power pertaining to executive
a) Offender is a public officer; 1) Offender is a public officer; authorities, or
b) Has charge of papers; 2) In charge of a prisoner; b) obstructs the executive in the lawful exercise
c) Should not be published; 3) Maltreats such either: of their powers.

d) Delivers to third persons; a) by Overdoing correction or handling either by 241 Usurpation of judicial functions
e) Wrongful delivery; i) imposing punishments not authorized by 1) Offender is an executive officer;
f) Damage be caused to public interest. regulations, OR
2) Offender
ii) inflicting punishments in a cruel and
230 Public officer revealing secrets of private individual a) assumes judicial powers, or
humiliating manner; OR
1) Offender is a public officer; b) obstructs the execution of any order or

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 125 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

decision rendered by any judge within his even the prima facie case. In fine, conversion must be i) the act of accepting directly or indirectly a
jurisdiction. proved. However, an accountable officer may be convicted gift
of malversation even in the absence of direct proof of
245 Abuses against chastity ii) from a person other than a member of the
misappropriation so long as there is evidence of shortage
public officer's immediate family,
1) Offender is a public officer; in his account which he is unable to explain.
iii) in behalf of himself or of any member of his
2) Solicits or makes immoral or indecent advances to a Under Article 217, a presumption was installed that upon
family or relative within the fourth civil
woman; demand by any duly authorized officer, the failure of a
degree, either by consanguinity or affinity,
public officer to have duly forthcoming any public funds or
3) Such woman must be: iv) even on the occasion of a family celebration
property – with which said officer is accountable – should
a) interested in matters pending before the be prima facie evidence that he had put such missing funds or national festivity like Christmas,
offender; or properties to personal use. When these circumstances v) if the value of the gift is under the
b) under the custody of the offender who is a are present, a “presumption of law” arises that there was circumstances manifestly excessive.
warden or of similar position and duty; malversation of public funds or properties.
Corrupt Practices of Public Officers
c) the wife, daughter, sister, or relative within
the same degree of affinity of the person in a) Persuading, inducing or influencing another
Anti-Graft and Corrupt Practices Act
the custody of offender. public officer to violate rules and regulations;
1 R.A. No. 3019, Secs. 2-6, 9 and 11, as amended by
R.A. No. 3047; P.D. No. 677; P.D. No. 1288; B.P. Blg. b) Directly or indirectly requesting or receiving any
Lumauig v. People 2014 195; R.A. No. 10910 gift for himself or another in connection with a
A prior notice or demand for liquidation of cash advances contract or transaction between Gov't and any
is not a condition sine qua non before an accountable Definition of Terms other party.
public officer may be held liable under Article 218.
a) Public officer include elective and appointive c) Directly or indirectly requesting or receiving any
officials and employees, permanent or temporary, gift for himself or another in consideration for
Legrama v. Sandiganbayan 2012 whether in the classified or unclassified or exempt securing or having secured any Government
service receiving compensation, even nominal, permit or license.
Mere absence of funds is not sufficient proof of from the government.
d) Accepting or having any member of his family
conversion; neither is the mere failure of the public officer
b) Receiving any gift includes accept employment in a private enterprise
to turn over the funds at any given time sufficient to make

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 126 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

before him.
1) within one year after termination of b) is prohibited from having such
official business therewith, OR g) Entering, on behalf of the Government, into any interest by the Constitution or by
contract or transaction manifestly and law.
2) which he has pending official business.
disadvantageous to the same.
e) Causing any undue injury to any party, including i) Directly or indirectly becoming interested, for
Government, or giving any private party Elements personal gain, or having material interest in any
unwarranted advantage in the discharge of the act requiring the approval of a board, panel or
1. that the accused is a public officer;
official functions, with manifest partiality, group of which he is a member.
2. that he entered into a contract or
evident bad faith or gross inexcusable negligence. transaction on behalf of the government; j) Knowingly approving permits to unqualified or
not legally entitled persons.
Elements and
1. that the accused must be a public officer 3. that such contract or transaction is grossly k) Divulging valuable, confidential info to
discharging administrative, judicial, or and manifestly disadvantageous to the unauthorized persons, or releasing same in
official functions, or a private individual government. advance.
acting in conspiracy with such public
h) Directly or indirectly having pecuniary interest in
officers; Prohibition on Private Individuals
any business in connection with which he
2. that he acted with manifest partiality, intervenes, or he is prohibited. a) It shall be unlawful for any person
evident bad faith, or inexcusable
Elements i) having family or close personal relation with
negligence; and any public official
1. that the accused is a public officer;
3. that his action caused any undue injury to ii) to capitalize or exploit or take advantage of
any party, including the government, or 2. he has a direct or indirect financial or
pecuniary interest in any business, such family or close personal relation
giving any private party unwarranted
benefits, advantage, or preference in the contract, or transaction; iii) by directly or indirectly requesting or
discharge of his functions. receiving any present, gift or material or
3. he either:
pecuniary advantage
f) Neglecting or refusing, after due demand or a) intervenes or takes part in his
request, without sufficient justification, to act official capacity in connection with iv) from any other person having some
within a reasonable time on any matter pending such interest, OR business, transaction, application, request
or contract with the government,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 127 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

v) in which such public official has to intervene. Provided, That this shall NOT apply to any person 1. Private individuals. Capitalizing or exploiting such
who, prior to the assumption of office of any of the relation by directly or indirectly requesting or
Family relation shall include the spouse or relatives
above officials, has been already dealing with the receiving any gift from the person having
by consanguinity or affinity in the third civil
Government transaction with Government.
degree.
1. along the same line of business, 2. Relation with public officers includes familial within
The word "close personal relation" shall include close
3rd degree, or a close personal one, i.e. social,
personal friendship, social and fraternal 2. nor to any transaction, contract or
application already existing or pending at fraternal, employment.
connections, and professional employment all
giving rise to intimacy which assures free access to the time of such assumption of public office, 3. Relatives. Prohibit relatives within 3rd degree of the
such public officer. four highest officials from intervening in any
3. nor to any application filed by him the
approval of which is not discretionary on the business with the Government.
b) It shall be unlawful for any person knowingly to
induce or cause any public official to commit any of part of the official or officials concerned but EXC:
the offenses. depends upon compliance with requisites
1) Already transacting prior to assumption of
provided by law, or rules or regulations office;
Prohibition on Certain Relatives issued pursuant to law,
2) Not within discretion of official;
a) It shall be unlawful for the spouse or for any relative, 4. nor to any act lawfully performed in an
official capacity or in the exercise of a 3) Official act or profession.
by consanguinity or affinity, within the third civil
degree, of the profession. 4. Congressmen. Receiving any pecuniary interest from
business that benefited from an act he had
i) President, Exceptions previously authored or adopted by Congress in that
ii) the Vice-President, term.
Unsolicited gifts or
iii) the President of the Senate, or 5. SAL.The accuracy of the entries in SAL becomes
1) presents of small or insignificant value
material in criminal and administrative proceedings
iv) the Speaker of the House of Representatives,
2) offered or given as a mere ordinary token of for violating Sec 7.
to intervene, directly or indirectly, in any business, gratitude or friendship
transaction, contract or application with the 6. Prima facie evidence of and dismissal due to
3) according to local customs or usage. unexplained wealth
Government:
Ground for admin suspension pending
NOTES

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 128 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

investigation. Section 3 of RA 3019, in consonance with the avowed

7. Competent court. within original jurisdiction of policy of the anti-graft law to repress certain acts of Fainsan v. Field Investigation Office 2023
Sandiganbayan (SB) public officers and private persons alike constituting
graft or corrupt practices act or which may lead thereto." The Ombudsman explained that the elements of the
8. RA 10910 which lapsed into law on July 21, 2016, now
offense are present in this case.
provides that the prescription period for crimes
punished under RA 3019 is 20 years. The first element of Section 3(e) of RA 3019 is present since
Estarija v. People petitioners are public officials. As to the second element,
9. Termination of Office. Not allowed to resign, retire the Ombudsman found that the lack of approved payrolls
Decisions of the RTC — convicting an accused who
pending investigation or prosecution for any offense and committee resolution authorizing the
occupies a position lower than that with salary grade 27
under this Act or for bribery. disbursements, and the failure to comply with auditing
or those not otherwise covered by the enumeration of
10. Suspension and loss of benefits. Officer with pending certain public officers in Section 4 of PD 1606 as amended regulations, were indicative of petitioners' bad faith and
prosecution shall be suspended by RTC (now SB). If by RA 8249 — are to be appealed exclusively to the partiality. Lastly, the Ombudsman found that the
convicted, shall lose all retirement or gratuity government suffered injury because the depletion of
Sandiganbayan.
benefits. If acquitted, shall be reinstated with MMFF's funds was occasioned by petitioners' irregular
salaries and benefits which he failed to receive while Because of Estarija's failure to perfect his appeal to the and illegal spending.
being suspended. If convicted officer already Sandiganbayan within the period granted therefor, the
Certainly, the decision of the Ombudsman to indict
received such benefits he shall restitute same. Decision of the RTC convicting him of violating Section
petitioners for violation of RA 3019 cannot be
3(a) of Republic Act No. 3019 has thus become final and
11. Maximum of 90 days. — Dismissal of case not characterized as arbitrary, capricious, whimsical, or
executory.
equivalent to acquittal. despotic. The COA report detailing the acts and violations
of petitioners, unless sufficiently rebutted, qualifies as
12. Exception. Gifts of insignificant value or as ordinary
evidence justifying probable cause. It should be
token of gratitude or friendship according to local PCGG v. Ombudsman 2023
underscored that the conduct of a preliminary
customs or usage.
The Ombudsman found no proof of manifest partiality, investigation is only for the determination of probable
evident bad faith, or gross inexcusable negligence on the cause.
Canlas v. People 2020 reiterating Go v. Sandiganbayan
part of the respondents, nor a contract entered into to the
The well-settled rule is that "private persons, when acting great disadvantage or prejudice of the Philippine
in conspiracy with public officers, may be indicted and, if government; hence, no liability under Sec. 3(e) and (g) of Republic v. Desierto 2023
found guilty, held liable for the pertinent offenses under Republic Act No. 3019 attached to respondents.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 129 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

To resolve the issues concerning prescription of offenses, which is the exception and otherwise known as the discovery thereof.
the Court must determine the following: discovery rule or the blameless ignorance
3. In determining whether it is the general rule or
doctrine.
a) the prescriptive period of the offense; the exception that should apply in a particular
In interpreting the meaning of the phrase "if the same be case, the availability or suppression of the
b) when the period commenced to run; and
not known at the time, from the discovery thereof and the information relative to the crime should first be
c) when the period was interrupted. institution of judicial proceeding for its investigation," determined.
At the time of enactment of RA 3019, the original People v. Duque held that in cases where the illegality of the
a. If the necessary information, data, or
prescriptive period of offenses defined and penalized activity is not known to the complainant at the time of its records based on which the crime could be
therein was 10 years. the prescriptive period was commission, Act No. 3326, Section 2 requires that discovered is readily available to the
extended to 15, and then to 20 years as per RA 10910. The prescription, in such a case, would begin to run only from public, the general rule applies.
prescriptive period when the Complaint was filed for the discovery thereof, i.e., discovery of the unlawful Prescription shall, therefore, run from the
offenses punishable under RA 3019 was 10 years. The nature of the constitutive act or acts. date of the commission of the crime.
amendatory laws, i.e., BP 195 and RA 10910, which It has been consistently held in a number of cases, some
provide longer periods of prescription, cannot be b. Otherwise, should martial law prevent the
of which likewise involve behest loans contracted during filing thereof or should information about
retroactively applied to crimes committed prior to their the Marcos regime, that the prescriptive period for the
passage. the violation be suppressed, possibly
crimes therein involved generally commences from the through connivance, then the exception
As to the reckoning point of the prescriptive period, RA discovery thereof, and not on the date of its actual applies and the period of prescription shall
3019 fails to explicitly provide. Thus, reference is to be commission. be reckoned from the date of discovery
made to Act No. 3326. An evaluation of the jurisprudence on the matter reveals thereof.
Sec. 2 of Act No. 3326 provides that prescription the following guidelines in the determination of the
Here, the exception on the date of discovery or the
commences from: reckoning point for the period of prescription of blameless ignorance doctrine applies. With the legislative
violations of RA 3019, viz.: imprimatur of PD 582, PD 961, and PD 1468, it became
a) the day of the commission of the violation of the
law, which is the general rule; or 1. As a general rule, prescription begins to run from nearly impossible for petitioner Republic to question the
the date of the commission of the offense. MOA and its series of supplemental agreements and
b) if the same is not known, from the time of
amendments prior to the discovery of the offense.
discovery thereof and the institution of judicial 2. If the date of the commission of the violation is
proceeding for its investigation and punishment, not known, it shall be counted from the date of Thus, the reckoning point of the prescriptive period

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 130 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

should be from the promulgation of the 1986 Freedom Ismael v. People 2023 Lopez, M., J. his functions.
Constitution. Therefore, petitioner Republic's Complaint
An information alleging conspiracy can stand even if only one 3. In convicting petitioners, the Sandiganbayan found
dated February 12, 1990 filed against respondents before
person is charged except that the court cannot pass verdict on the that petitioners acted with evident bad faith solely
the PCGG, which was subsequently referred to the
co-conspirators who were not charged in the information. because they failed to discharge their duty to remit
Ombudsman, for violation of RA 3019 is well within the
contributions under RA No. 8291.
10-year prescriptive period. WON the Sandiganbayan correctly convicted petitioners of:
4. Sheer failure to discharge a statutory duty does not
As to when the period was interrupted, Perez v. (a) violation of Section 3.3.1, in relation to Section 17.2.3 of the
automatically serve as basis for conviction under
Sandiganbayan citing People v. Pangilinan declared that IRR of RA No. 8291; and (b) violation of Section 3(e) of RA No.
Section 3(e) of RA No. 3019. As an element of the
prescription is interrupted when the preliminary 3019.
offense, the prosecution must present proof beyond
investigation against the accused is commenced. 1. NO. as to Sec 3(e) RA No 3019. There is no basis to reasonable doubt that the officer's act or omission
As to special laws not covered by the Revised Rules on hold petitioners guilty of corrupt practices under is accompanied with the elements of manifest
Summary Procedure, such as a violation of RA 3019, the Section 3(e) of RA No. 3019. partiality, evident bad faith, or gross inexcusable
rule is that the prescriptive period is interrupted by the 1.1. YES, as to RA No. 8291. negligence to justify the conviction.
institution of proceedings for preliminary investigation.
2. To convict the accused for violation of Section 3(e) of 5. Errors or omissions committed by public officials,
Plainly, the ruling laid down in Perez and Pangilinan, as
RA No. 3019, the following elements must be proved no matter how evident, are not actionable absent
well as the justification elucidated in Panaguiton, are
beyond reasonable doubt: any clear showing that they were motivated by
relevant and appropriate in the case at bar.
malice or gross negligence amounting to bad faith.
2.1. the accused must be a public officer
Hence, the filing of the instant complaint against Here, no evidence supports the conclusion that
discharging administrative, judicial, or
respondents with the Office of the Ombudsman in 1990 evident bad faith or even gross inexcusable
official functions;
effectively tolled the running of the prescriptive period. negligence attended such failure.
From the reckoning point, i.e. 1986, only four years have 2.2. he [or she] must have acted with manifest
6. As to violation of RA No 8291, to ensure prompt
lapsed. partiality, or evident bad faith, or gross
collection and remittance of contributions, the law
inexcusable negligence; and
The respondents cannot, therefore, argue that the offense and its IRR penalizes specific persons who fail,
has already prescribed on the basis of the absence of 2.3. his [or her] action caused undue injury to refuse or delay remitting contributions. Section
Information filed with the Sandiganbayan. any party, including the Government, or 52(d) and (g) punishes the failure, refusal, or delay
gave any private party unwarranted benefits, without lawful or justifiable cause to fully and
advantage, or preference in the discharge of timely remit the required contributions. These acts

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 131 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

are recognized as mala prohibita, and as such, their standing on the lot owned by Servy Realty, actually
2. Limbo acted with manifest partiality and evident
commission as defined under the special law, not bad faith. Limbo acted with clear bias in favor of existed.
the character or its effect, determines whether the the Valued Clients as they enjoyed privileges With respect to the fourth element, this requires that the
provision has been violated. which are not otherwise allowed under BSP act that gives rise to the offense consist of either
7. Petitioners cite the terrorist activities in their area regulations and PNB's policy. Moreover,
1) causing undue injury to any party, including the
as a major factor that prevented them from making considering Limbo's experience in banking, being government, or
full remittance of GSIS contributions. Such a fact, a former Manager of PNB-Limketkai, we are
convinced that he is conscious of the dishonest 2) giving any private party any unwarranted benefit,
however, does not suffice since records show that, at
and fraudulent purpose of approving the outright advantage, or preference in the discharge by the
the very least, members' shares were consistently
encashment of the Valued Client's out-of-town accused of his official, administrative, or judicial
collected from them, but still, those deductions
checks. functions.
were not fully remitted, and no proper accounting
was given to explain where the unremitted portions 3. Limbo acts caused undue injury to the Llorente, Jr. v. Sandiganbayan underscored that the concept
went. That municipality funds were allegedly used government, and gave unwarranted benefits, of undue injury contemplated in Section 3(e) of Republic
for rehabilitation of areas devastated by terrorism is advantage, and preference to the Valued Clients. Act No. 3019 refers to actual damage as understood under
likewise unacceptable because Section 6(b) of RA PNB-CDO was obligated to honor encashments or the Civil Code.
No. 8291 categorically states that remittance by the any withdrawals from the accounts of these Here, the alleged undue injury to the government arose
employer of the contributions to the GSIS takes Valued Clients to the extent of the face value of the from the purported overstatement of appraisal in the
priority over and above the payment of any and all checks. This entailed lost interest to PNB-CDO. alleged erroneously issued Tax Declaration No. 02947 that
obligations, except salaries and wages of its was made as the basis for the payment of just
employees. compensation to Servy Realty. However, this was not
People v. Reyes 2023 proven with moral certainty as the measurement of the
warehouse made by the state auditors is questionable.
Limbo v. People 2023 In resolving whether the prosecution was able to prove
beyond reasonable doubt the third and fourth elements of The prosecution failed to prove beyond reasonable doubt
Here, all essential elements of Sec. 3(e) of RA 3019 are Section 3(e) of Republic Act No. 3019 to justify the the non-existence of the subject warehouse from which
present. conviction of the accused-appellants Macapugay et al., it criminal liability may arise. Therefore, Macapugay et al.
1. Limbo is a public officer, being the Assistant must first necessarily be determined whether the subject are acquitted.
Department Manager of PNB-CDO; of the expropriation, a 457.2-square meter warehouse

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 132 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Tidalgo v. People 2023 There is no probable cause to indict and prosecute manifest partiality or evident bad faith. The BAC merely
petitioner for violating Section 3(e) of R.A. No. 3019. followed and complied with the procurement guidelines
The Court finds insufficient evidence to hold Tidalgo
and requirements and determined based on the criteria
criminally liable under Section 3(e) of R.A. No. 3019. Sistoza v. Desierto ruled that to establish a prima facie case
for a violation of Sec. 3, par. (e), R.A. 3019, the set forth under R.A. No. 9184 and the 2003 IRR that
Jurisprudence instructs that the bad faith referred to Tabing Daan Mart was the best supplier who can provide
prosecution must show not only the defects in the
under Section 3(e) of R.A. No. 3019 does not simply the most advantageous price to the Municipality of
bidding procedure, but also the alleged evident bad faith,
connote bad judgment or negligence but of having a Palauig.
gross inexcusable negligence or manifest partiality of the
palpably and patently fraudulent and dishonest purpose
public officer. Thus, alleged irregularities in procurement Accordingly, there is no probable cause to indict
to do moral obliquity, or conscious wrongdoing for some
or violations of procurement laws, rules and regulations, petitioner for violation of Section 3(e) of R.A. No. 3019.
perverse motive, or ill will.
on their own, do not ipso facto lead to a violation of
Here, there is no showing that Tidalgo's failure to seize, Section 3(e) of R.A. No. 3019. This was affirmed in
detain, and forfeit MV Rodeo and its cargo was motivated Sabaldan, Jr. v. Ombudsman. Chan v. People 2022
by malice or gross negligence amounting to bad faith.
Also, Duque v. Ombudsman and Fact-Finding Investigation The prosecution proved each element of Section 3(j) of RA
Instead, the record shows that in view of the PCG's
Bureau held that mere participation by a public officer in 3019 which are as follows:
request, Tidalgo sent a radio message to the Clearing
an imperfect procurement process does not automatically
Officer, Fortun to hold the departure clearance of MV 1. that the offender is a public officer;
serve as basis for his criminal indictment for the violation
Rodeo.
of Section 3(e) of R.A. No. 3019. Martel v. People reiterated 2. that he/she knowingly approved or granted any
On the other hand, Tidalgo likewise cannot be that a violation of procurement laws, its IRR, and license, permit, privilege or benefit; and
successfully accused of gross negligence since, as the guidelines should not be the sole basis for a criminal 3. that the license, permit, privilege or benefit was
records show, he took prudent steps to hold the vessel by charge under Section 3(e) of R.A. No. 3019. granted in favor of any person not qualified or not
requesting the non-issuance of a departure clearance. legally entitled to such license, permit, privilege or
Here, the second and third elements are manifestly
As the prosecution in this case failed to prove beyond lacking. Petitioner and the other members of the BAC advantage, or in favor of a mere representative or
reasonable doubt all the elements of Section 3(e) of R.A. substantially complied with the requirements for the dummy of one who is not qualified or entitled.
No. 3019 under which Tidal go was charged, he should be resort and conduct of Shopping as an alternative method Chan was the incumbent Mayor of Babatngon, Leyte at
entitled to an acquittal. of procurement. Accordingly, since the procurement was the time material to this controversy.
done above board and beyond reproach, it totally negates
The existence of a Mayor's Permit in favor of the Liga ng
the Ombudsman's finding that petitioner acted with
Reyes v. Office of the Deputy Ombudsman for Luzon 2023 mga Barangay points to Chan's culpability such that she

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 133 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

knowingly approved or granted a permit satisfying the due to Cerezo entering into the lease contracts with signed Exhibit "8" and persuaded the other sangguniang
second element of the offense. MTAC's Merchandising. Verily, aside from establishing members to sign it, knowing fully well that there were
that the leasing of heavy machinery was in violation of certain items not included nor discussed on the regular
The last element was also established. The permit was
granted in favor of those not qualified or legally entitled government procurement laws, the prosecution failed to session. As a result thereof, Mondejar was given the
thereto. The Liga ng mga Barangay, whose members were prove that the local government suffered any damage due authority to enter into a MOA with IBC with respect to
barangay officials are not qualified to such grant to the same. the rechanneling of Tigum River, which was grossly
pursuant to the prohibition set forth by Section 89(a)(2) disadvantageous to the government. IBC was given
Likewise, there is reasonable doubt that Cerezo gave
RA 7160. unwarranted benefits, advantage, and preference to unwarranted benefits, advantage, or preference by virtue
Castillo. of the MOA. As per Section 138 of the LGC, the permit to
There is no merit in Chan's contention that she had no extract sand, gravel, and other quarry resources shall be
intent to commit the offense charged. Criminal intent is issued exclusively by the provincial governor, by virtue of
not necessary in mala prohibita offenses such as violation an ordinance of the sangguniang panlalawigan.
of Section 3(j) of RA 3019. People v. Partisala 2022

Ampil v. Office of the Ombudsman specified the following

elements of the offense falling under Section 3 (e) of RA People v. Enojo 2022
People v. Cerezo 2022 3019:
The prosecution failed to prove beyond reasonable doubt
There is reasonable doubt to hold Castillo liable for 1. The offender is a public officer; all the elements of Section 3(a) of RA 3019 under which
violation of Section 3(e) of R.A. No. 3019. Enojo was charged. The elements of the crime are the
2. The act was done in the discharge of the public
The prosecution failed to establish beyond reasonable officer's official, administrative judicial functions; following:
doubt that Cerezo's acts caused undue injury to the 1. the offender is a public officer;
3. The act was done through manifest partiality,
government or gave unwarranted benefits, advantage and evident bad faith, or gross inexcusable negligence;
preference to a private party. 2. the offender persuades, induces, or influences
and another public officer to perform an act, or the
Here, there was no finding by the Sandiganbayan that 4. The public officer caused any undue injury to any offender allows himself to be persuaded, induced,
Cerezo and Castillo caused undue injury to the party, including the Government, or gave any or influenced to commit an act; and
government. In any event, the prosecution failed to unwarranted benefits, advantage or preference.
specify, quantify, and prove to the point of moral 3. the act performed by the other public officer, or
certainty that the government suffered any undue injury Here, Partisala deliberately acted with manifest partiality committed by the offender, constitutes a violation
and bad faith when he, as the presiding officer of the SB, of rules and regulations duly promulgated by

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 134 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

competent authority, or an offense in connection Briones made the invitation on the mistaken belief that it
Cabrera v. People elucidated on the two separate acts under
with the official duty of the latter. was his duty to do so, which necessarily negates the the third element of Section 3 (e) of RA 3019
presence of any undue influence.
Here, the first and third elements are present, but the 1. The first punishable act is that the accused is said
second element is not. Considering that the prosecution failed to prove beyond to have caused undue injury to the government or
reasonable doubt all the elements of Section 3 (a) of RA
The circumstances show that Enojo's purpose of any party when the latter sustains actual loss or
requesting SPO4 Briones to schedule a conference does 3019 under which Enojo was charged, an acquittal must damage.
not correspond to any of the above duties of the PNP. therefore ensue.
2. The second punishable act is that the accused is
What Enojo actually wanted to accomplish was to "extract said to have given unwarranted benefits,
information from Hughes, et al" with regard to his advantage, or preference to a private party.
alleged ownership of a portion of Lot 394. Villanueva v. People 2022
Here, petitioner is liable under Sec. 3 (e) of RA 3019
Section 3 (a) requires a deliberate intent on the part of the Villanueva was correctly found guilty under Section 3 (e)
notwithstanding the absence of actual damage or injury
public official concerned to violate those rules and of RA 3019. Charge under Sec. 3 (e) of RA 3019 may be
to the government or its instrumentalities. People v. Go
regulations duly promulgated by competent authority, or hinged from acts also penalized under other provisions of
has reiterated a private person's liability on graft and
to commit an offense in connection with official duties. law, and when the acts or omissions complained of as
corrupt practices. Petitioner's participation in the
Both Enojo, with his presumed knowledge of the law as a constituting the offense are alleged in the Information,
bidding and his acceptance of the bid award, despite the
lawyer, and SPO4 Briones, with his 20 years of police conviction is proper.
overwhelming deficiencies in the bidding process, which
experience, should have been well apprised of the The prosecution satisfactorily established that there was a he must be familiar with considering his record as a
boundaries of police authority in the settlement of civil failure of bidding, since at the time of the public bidding, supplier of medicines, demonstrated his conspiracy with
disputes. the accreditation of Europharma and Pharmawealth were his co-accused public officers.
As regard the second element, the Court cannot agree still suspended by the DOH. Consequently, only Mallix
Notably, petitioner was not only the general manager and
with the conclusion of the Sandiganbayan that Enojo had Drug is supposedly qualified.
the owner of the 99% capital stock of Europharma but
persuaded or induced SPO4 Briones into sending the Petitioner cannot take refuge on the claim that the also the sole proprietor of Mallix Drug. The foregoing
radio message. While SPO4 Briones actually performed transactions were under "Emergency Purchase" and thus thus display that the two "companies" owned by
the act in question, he did so not because Atty. Enojo told a competitive bidding may be dispensed with. The petitioner which participated in the defective bidding
him to, but because he believed that it was his office's SOP transaction could not be characterized as under an were "alter egos" of each other and of petitioner's. Hence,
to entertain and provide assistance to any person who "emergency purchase" since the requisites of Section 368 the piercing of the veil of Europharma's corporate fiction
comes to the police for help. In other words, SPO4 of the LGC were not present.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 135 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

was proper.
2.5. where the prosecution is under an invalid
In all, petitioner acted in connivance with his co-accused Macasil v. Fraud Audit and Investigation Office (FAIO) - law, ordinance or regulation;
public officials by participating in the flawed bidding COA 2021 Lopez, M., J.
2.6. when double jeopardy is clearly apparent;
resulting in unwarranted benefits and advantages to his
When at the outset the existence of probable cause to form a
favor, in stark violation of Section 3 (e) of RA 3019. 2.7. where the court has no jurisdiction over the
sufficient belief as to the guilt of the accused cannot be offense;
ascertained, the prosecution must desist from inflicting on any
person the trauma of going through a trial. 2.8. where it is a case of persecution rather than
Marzan v. People 2021 prosecution; and
WON the Ombudsman (Visayas) committed grave abuse of
Atty. Rupisan unlawfully issued the Recognizance and 2.9. where the charges are manifestly false and
discretion in finding probable cause for violation of Section
consequently caused the release of both Cyrus and motivated by the lust for vengeance.
3(e) of RA No. 3019, as amended, and paragraph 4, Article 171
Pascua.
of the RPC. 3. Probable cause for filing a criminal information
In reference to the second mode of Section 3(a) of RA constitutes facts sufficient to engender a
1. YES. The Court found grave abuse of discretion on
3019, it is immaterial whether the one who induced him well-founded belief that a crime has been
the part of the Ombudsman.
was likewise a public officer or a private individual. The committed and that the respondent is probably
Sandiganbayan aptly held that Atty. Rupisan took 2. The Court, generally, does not interfere with the guilty thereof.
advantage of his position as Provincial Legal Officer to Ombudsman's findings as to whether probable
4. The elements of violation of Section 3(e) of RA No.
exert influence on Marzan as a jail officer. cause exists, except:
3019 are as follows:
Marzan, as a jail officer, should know the import of BJMP 2.1. to afford protection to the constitutional
4.1. the accused must be a public officer
Manual, in particular Section 2(d) of Article 13 thereof. It rights of the accused;
discharging administrative, judicial, or
was his duty to apply this provision despite the influence 2.2. when necessary for the orderly official functions;
exerted by Atty. Rupisan. The release of an inmate by administration of justice or to avoid
reason of acquittal, dismissal of case, payment of fines 4.2. he must have acted with manifest partiality,
oppression or multiplicity of actions;
and/or indemnity or filing of bond, shall only be given evident bad faith, or inexcusable negligence;
2.3. when there is a prejudicial question which is and
effect upon receipt of the Release Order.
subjudice;
Thus, all the elements of the offense under Section 3(a) of 4.3. his action caused any undue injury to any
2.4. when the acts of the officer are without or in party, including the government, or gave any
RA 3019 were established.
excess of authority; private party unwarranted benefits,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 136 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

advantage or preference in the discharge of that the reported and paid accomplishments of the
9. Similarly, there is no probable cause to charge
his functions. Macasil with falsification under paragraph 4, Article infrastructure projects were in accordance with the
approved plans and specifications is not moored on
5. The second element refers to the different modes of 171, of the RPC. The crime has the following
committing the offense. None of these modes were elements, namely: evidence. To stress, Macasil is a Materials Engineer
established in this case. who only certified on the quality of the materials
9.1. that the offender makes in a document incorporated into the projects, and their compliance
6. The SWAs attached to the records would reveal that statements in a narration of facts; with the requirements of the DPWH Standard
Macasil was not the officer who certified the Specifications.
9.2. that he has a legal obligation to disclose the
percentage of completion of the infrastructure truth of the facts narrated by him;
projects and their compliance with the approved 12. In sum, there is no prima facie case to support a
plans and specifications. It is the contractor who 9.3. that the facts narrated by the offender are finding of probable cause for violation of the
certified that the amount and work accomplished absolutely false; and Anti-Graft and Corrupt Practices Act and
are correct while it is the Project Engineer who Falsification.
9.4. that the perversion of truth in the narration
certified that the work items have been of facts was made with the wrongful intent
accomplished in accordance with the approved of injuring a third person.
plans and specifications of the project. Quiogue v. Estacio, Jr. 2021 Lopez, M., J.
10. In addition, it must be proven that the public officer
7. The DPWH's Department Memorandum and or employee had taken advantage of his official It is not enough to simply allege the presence of bad faith. The
Staffing Manual has delineated the scope of the position in making the falsification. In falsification facts themselves must demonstrate evident bad faith.
functions of a Materials Engineer which mainly of public document, the offender is considered to
WON probable cause exists that Estacio violated Sec. 3 (e) of
revolves around ensuring the quality of materials have taken advantage of his official position when:
RA No. 3019.
used in an infrastructure project. Here, there is no
10.1. he has the duty to make or prepare or
controversy with regard to the quality of the 1. NO. There being no proof that the incidental
otherwise to intervene in the preparation of
materials used in the questioned infrastructure benefits received by Estacio was done with, or
a document; or
projects. rooted in any corrupt intent, the Ombudsman's
10.2. he has the official custody of the document dismissal of the complaint must be upheld.
8. Hence, if would be unjust and unreasonable to
which he falsifies.
indict Macasil simply because he was part of the 2. Even if the Court were to liberally adopt the
supposed anomalous projects, even if the alleged 11. The Ombudsman's finding that Macasil made an exception to the general rule against the review of
illegal act is beyond the scope of his functions. untruthful statement when he certified in the SWAs the findings of the Ombudsman, still, the petition

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 137 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

must be dismissed as petitioner failed to equitable to grant the same separation benefits 1) Through misappropriation, conversion, misuse,
demonstrate that the Ombudsman's Resolution and being enjoyed by IRC employees to its officers. How or malversation of public funds or raids on the
Order, which found no basis to charge Estacio for can there be evident bad faith when the perceived public treasury;
violation of Sec. 3 (e) of RA No. 3019, were tainted benefit has long been enjoyed by all employees of 2) By receiving, directly or indirectly, any
with grave abuse of discretion. IRC before it was granted to the officers such as commission, gift, share, percentage, kickbacks
Estacio. or any other form of pecuniary benefit from any
3. Uriarte v. People explained that Sec. 3 (e) of RA No.
3019 may be committed either by dolo, as when the person and/or entity in connection with any
accused acted with evident bad faith or manifest government contract or project or by reason of
partiality, or by culpa as when the accused Anti-Plunder Act the office or position of the public officer
committed gross inexcusable negligence. R.A. No. 7080, as amended by R.A. No. 7659 concerned;

4. Sistoza v. Desierto explained that before the modes Definition of Terms 3) By the illegal or fraudulent conveyance or
of manifest partiality, evident bad faith or gross disposition of assets belonging to the
2 Definition of the Crime of Plunder
inexcusable negligence may even be considered, the Government;
Ombudsman should determine with certainty the Series and Combination 4) By obtaining, receiving or accepting directly or
facts indicating that a transgression of the law has indirectly any shares of stock, equity or any
Pattern
been committed. Here, asserting evident bad faith other form of interest or participation including
as a method of commission is not enough to Wheel and Chain Conspiracy promise of future employment in any business
establish probable cause because allegation does not enterprise or undertaking;
amount to proof. a. Definition of Terms
5) By establishing agricultural, industrial or
5. The board resolution which granted separation pay Ill-gotten wealth commercial monopolies or other combinations
benefits is a corporate act and Estacio is only one and/or implementation of decrees and orders
Any asset, property, business enterprise or material
among the board of directors of IRC. Also, a simple intended to benefit particular persons or special
possession acquired directly or indirectly through
reading of the board resolution reveals that the interests; or
dummies, nominees, agents, subordinates and/or
corporation has previously granted separation
business associates by any combination or series of 6) By taking undue advantage of official position,
benefits to all employees of IRC exclusive of its
the following: authority, relationship, connection or influence
officers. In issuing the board resolution, the IRC
board of directors simply recognized that it is to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 138 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Filipino people and the Republic of the "Combination," was explained in Estrada v. Sandiganbayan Macapagal-Arroyo v. People 2017 En Banc
Philippines. to refer to "at least any two different predicate acts in any
The law on plunder requires that a particular public
of said items" in Section 1(d).
b. Definition of the Crime of Plunder officer must be identified as the one who amassed,
"Series" was explained as synonymous to “on several acquired or accumulated ill-gotten wealth because it
Elements instances” or a "repetition of the same predicate act in plainly states that plunder is committed by any public
1) Offender is a public officer; any of the items in Section 1(d) of the law." officer who, by himself or in connivance with members of
The "overt or criminal acts described in Section 1(d)" are his family, relatives by affinity or consanguinity, business
2) Committed a series of overt acts;
the following: associates, subordinates or other persons, amasses,
3) By himself or in connivance with relatives and/or accumulates or acquires ill-gotten wealth in the
cronies; 1. Misappropriating, converting, misusing, or
aggregate amount or total value of at least P50M through
malversing public funds; or raiding on the public
4) Of which he has amassed a wealth of at least a combination or series of overt criminal acts.
treasury;
Php50M;
Surely, the law requires in the criminal charge for
2. Receiving any commission or kickbacks from a
5) Which are deemed ill-gotten. plunder against several individuals that there must be a
government contract or project, or by reason of
main plunderer and her co-conspirators. In other
Prescription one's office or position;
words, the allegation of the wheel conspiracy or express
Plunder prescribes in 20 years. However, the right of the 3. Fraudulently disposing government assets; conspiracy in the information was appropriate because
State to recover properties unlawfully acquired by public the main plunderer would then be identified in either
4. Obtaining any interest or participating m any
officers from them or from their nominees or transferees manner. Of course, implied conspiracy could also identify
business undertaking;
shall not be barred by prescription, laches, or estoppel. the main plunderer, but that fact must be properly
5. Establishing monopolies or implementing
alleged and duly proven by the Prosecution.
c. Series and Combination decrees that benefit particular persons or
interests; and
There is no need to prove beyond reasonable doubt each
of the alleged act. What is important is to prove a series 6. Taking undue advantage of one's official position Dichaves v. Ombudsman 2016
of pattern that led to the accumulation of at least or influence to enrich oneself at the expense of the
The Office of the Ombudsman correctly found probable
People and the Republic.
Php50M in ill-gotten wealth. cause to charge petitioner with plunder in conspiracy
with the former President. Thus:
Macapagal-Arroyo v. People 2017 En Banc d. Pattern

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 139 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

The evidence indicates that the former President The American case of Kotteakos v. United States illustrates a Destruction of Life
exerted influence over Arellano and Pascual to push wheel conspiracy where multiple conspiracies were
through with the transactions, and that the established instead of one single conspiracy. There, 246 Parricide
transactions pushed through under that condition Simon Brown, the hub, assisted 31 independent
1) A person is killed;
that the commission or profit would be given to the individuals to obtain separate fraudulent loans from the
former President; that it was Dichaves who US Government. Although all the defendants were 2) Deceased is killed by the accused;
orchestrated the consummation of the transactions engaged in the same type of illegal activity, there was no 3) Deceased is:
and received from Ocier the check representing the common purpose or overall plan among them, and they
a) the father mother, or child, regardless of
commission; and that Dichaves deposited the check were not liable for involvement in a single conspiracy.
legitimacy; or
to the "JOSE VELARDE" account which was shown to Each loan was an end in itself, separate from all others,
be that of the former President. although all were alike in having similar illegal objects. b) a legitimate other ascendant, descendant or
spouse of accused.
The chain conspiracy recognized in Estrada v.
e. Wheel and Chain Conspiracy Sandiganbayan exists when there is successive The law does not require knowledge of relationship.
communication and cooperation in much the same way
Death or physical injuries under exceptional
Macapagal-Arroyo v. People 2016 En Banc as with legitimate business operations between 247
circumstances
Estrada v. Sandiganbayan recognized two nuances of manufacturer and wholesaler, then wholesaler and
appreciating conspiracy as a means to commit a crime, retailer, and then retailer and consumer. This involves 1) A legally married person or a parent surprises his
the wheel conspiracy and the chain conspiracy. individuals linked together in a vertical chain to achieve a spouse or his daughter, the latter under 18 years of
criminal objective. age and living with him, in the act of committing
The wheel conspiracy occurs when there is a single
sexual intercourse with another.
person or group (the hub) dealing individually with two
or more other persons or groups (the spokes). The spoke 2) He or she kills, or inflicts any serious physical
typically interacts with the hub rather than with another G Crimes Against Persons injuries upon any or both, in the act or
Title Eight immediately thereafter.
spoke. In the event that the spoke shares a common
purpose to succeed, there is a single conspiracy. However, Anti-Hazing Act of 2018 3) He has not promoted or facilitated the prostitution
in the instances when each spoke is unconcerned with the of his wife or daughter, nor has consented to the
success of the other spokes, there are multiple infidelity of the spouse.
conspiracies.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 140 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

248 Murder b) When the other circumstances are absorbed or 3) Quarreled and assaulted one another in a confused
Any of the following aggravating circumstances are present included in the one that qualifies, they cannot be and tumultuous manner;
considered as generic aggravating;
1) Treachery (16), taking advantage of superior 4) Someone was killed;
strength (15), with the aid of armed men (8), or c) Any of the qualifying circumstances must be 5) It cannot be ascertained who actually killed the
employing means to weaken the defense (15), or of alleged. Otherwise, the crime is only homicide with deceased;
means or persons to insure or afford immunity (8); the qualifying only considered as generic
aggravating. 6) Those who inflicted serious physical injuries or
2) In consideration of a price, reward, or promise (11); who used violence:
249 Homicide
3) By means of inundation, fire, poison, explosion, a) can be identified. - PM;
shipwreck, stranding of a vessel, derailment or 1) A person was killed; b) cannot be determined - PC med-max.
assault upon a railroad, fall of an airship (12), by
2) Without any justifying circumstance;
means of motor vehicles, or with the use of great NOTES
waste and ruin (20); 3) With intention to kill, which is presumed;
1. Tumultuous affray exists when at least four persons
4) On occasion of any of the preceding, or of an 4) Not murder, parricide, nor infanticide.
took part;
earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity (7); NOTES 2. The person killed in the course of the affray need not be
one of the participants in said affray.
5) Evident premeditation (13); 1. When victim is under 12 years of age: RP (Sec 10 RA
7610); 252 Physical injuries inflicted in a tumultuous affray
6) With cruelty (21), by deliberately and inhumanly
augmenting the suffering of the victim, or 2. Intent to kill is conclusively presumed when death 1) There is a tumultuous affray;
outraging or scoffing at his person or corpse (not in resulted. (US v Gloria)
2) There are those who suffered serious or less serious
Art 14).
251 Death caused in a tumultuous affray physical injuries only;

1) There be several persons; 3) Those responsible can not be identified;

Rules for the application of circumstances to qualify murder
2) Did not compose groups organized for the common 4) Those that have used violence upon the offended
a) Only one of the circumstances required; others
purpose of assaulting and attacking each other party are known.
considered as generic aggravating;
reciprocally; 253 Giving assistance to suicide

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 141 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

1) By assisting another to commit suicide, whether it

2) Without violence and without consent of the
262 Mutilation
is consummated (PM) or not (AMay med-max); woman (PM). Acts punished
2) By lending his assistance to another to commit 3) With consent (PC med-max).
suicide to the extent of doing the killing himself 1) Castration - depriving another, either totally or
(RT). Elements partially, of some essential organ for reproduction.
1) There is a pregnant woman; a) There is mutilation of penis or ovarium.
254 Discharge of firearms
2) Violence exerted, or drugs or beverages b) It was purposeful and deliberate, to deprive
1) Discharges a firearm against or at another; administered, or acts upon the woman; the offended party of reproducing.
2) No intention to kill. 3) As a result, fetus dies; 2) Mayhem - lopping or clipping off any other part of
255 Infanticide 4) Abortion is intended. the body.

1) Child was killed; 257 Unintentional abortion 263 Serious physical injuries

2) Less than 72 hours of age; 1) There is a pregnant woman; If in consequence of the physical injuries inflicted, injured
person shall:
3) Accused killed the child. 2) Violence is used without intending an abortion;
1) become insane, imbecile, impotent or blind
3) Violence intentionally exerted;
NOTES
2) have lost the use of speech or the power to hear or
4) Fetus dies.
1. Penalty is same as that for parricide or murder. to smell, an eye, a hand, a foot, an arm, or a leg, or
260 Duel lost the use of any such principal member, or have
2. Concealing dishonor mitigates liability for the mother
(PM med-max) and maternal grandparents (RT). become incapacitated for the work he was
1) Killing one's adversary in a duel; (RT) habitually engaged.
Abortion 2) Inflicting physical injuries upon such adversary; 3) have become deformed, or have lost any other body
256 Intentional abortion (Penalty according to the nature) part, or the use thereof, or have been ill or
3) Making combat although no physical injuries have incapacitated to perform the work he was
Acts punished habitually engaged in for more than 90 days.
been inflicted. (AMay)
1) Using violence against a pregnant woman (RT). 4) have become ill or incapacitated for labor for more
Physical Injuries

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 142 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

than 30 days. 266-A Rape by sexual intercourse (Ordinary) ascendant, step-parent, guardian, relative
within the 3rd civil degree, or the common law
264 Administering injurious substances or beverages Penalty is RP when:
spouse of the parent.
1) Offender inflicted upon another any serious 1) Offender is ANY person;
b) under the custody of the police, military or any
physical injury; 2) Had carnal knowledge with ANOTHER person; law enforcement agency or penal institution.
2) By knowingly administering any injurious 3) Accomplished c) in full view of the spouse, parent, child, or
substances or beverages or by taking advantage of other relatives within the 3rd degree of
a) using force, threat or intimidation;
his weakness of mind or credulity. consanguinity.
b) when the offended party is deprived of reason,
3) No intent to kill. d) offender knows victim as religious;
or unconscious;
265 Less serious physical injuries c) through fraudulent machination or grave abuse e) victim is below 7 years old;
of authority; AND f) offender knows he has HIV/AIDS or other STD
1) Incapacitated for labor for 10-30 days; or needs
and transmits to victim;
medical attendance for same period. d) when offended party is under 16 years of age
(statutory rape) or demented. g) offender belongs to AFP, PNP, para-military,
2) Injuries not those described in Art 263-264.
other law enforcement agency or penal
Penalty is RP to Death when:
266 Slight physical injuries and maltreatment institution and takes advantage of position.
1) with the use of a deadly weapon or by at least 2
1) Incapacitated offended party for labor from 1-9 h) permanent mutilation/disability;
persons;
days, or required medical attendance during same i) offender knows victim is pregnant;
2) the victim has become insane;
period; (AMen)
j) offender knows victim has mental disability,
3) special complex crime of attempted rape with
2) Did not prevent offended party from his habitual emotional disorder and/or physical handicap.
homicide;
work or did not require medical attendance. (AMen
or Fine <=200 and Censure); Penalty is Death when: 266-A Rape through sexual assault (Object)

3) Ill-treatment of another by deed without causing 1) special complex crime of rape with homicide. Penalty is PM
any injury. (AMen min or Fine <=50) 2) with any of the following: 1) Offender commits sexual assault;
Rape
a) victim is minor and the offender is a parent, 2) Committed by inserting

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 143 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Victor)
a) his penis into another's mouth or anus; or 6. Evidence which may be accepted in the prosecution of rape
c. In rape with homicide: P100K as civil indemnity + a) any physical overt act manifesting resistance against
b) any instrument or object into the genital or P75K as moral + P25K as temperate + P100K as
anal orifice. the act of rape in any degree from the offended
exemplary damages. (Pp v. Cumimba) party; or
3) Accomplished d. Award of moral damages, automatic. Exemplary b) where the offended party is so situated as to render
a) using force or intimidation; damages justified under Art 2230 of Civil Code if him/her incapable of giving consent.
there is an aggravating circumstance. (Pp v. Lucena)
b) when the woman is deprived of reason, or
unconscious; 2. Is resistance by the victim required to prove lack of Ricalde v. People 2015
consent to the rape? Any physical overt act manifesting Rape under the second paragraph of Article 266-A is also
c) through fraudulent machination or grave
abuse of authority; or when woman is under resistance against the rape in any degree from the known as “instrument or object rape,” “gender-free rape,”
12 years of age or demented. victim is admissible as evidence of lack of consent. or “homosexual rape.” The gravamen of rape through
Tenacious resistance, however, is not required. Neither sexual assault is “the insertion of the penis into another
Qualified is a determined and persistent physical struggle on the person’s mouth or anal orifice, or any instrument or
a) with the use of a deadly weapon or by at least 2 part of the victim necessary. (Pp v. Gondaway) object, into another person’s genital or anal orifice.”
persons; PM to RT 3. Force as an element of rape need not be irresistible; it In People v. Soria, the court discussed that a victim need
b) the victim has become insane; RT need but be present. Intimidation must be viewed in not identify what was inserted into his or her genital or
light of the victim’s perception and judgment at the anal orifice for the court to find that rape through sexual
c) special complex crime of attempted rape with
time of the commission of the crime and not by any assault was committed.
homicide; RT to RP
hard and fast rule.
d) special complex crime of rape with homicide. RP
4. Intimidation includes the moral kind as the fear caused
e) any of the 10 qualifying of par 1. RT by threatening the girl with a knife or pistol. (Pp v. Frias) Baleros v. People

5. The victim’s moral character is immaterial, there being Whether or not the act of the petitioner, i.e., the pressing of a
NOTES RE RAPE absolutely no nexus between it and the odious deed chemical-soaked cloth while on top of Malou, constitutes an overt
1. Indemnity and Damages committed. Even a prostitute or a woman of loose act of rape.
morals can be the victim of rape, for she can still refuse NO. It would be too strained to construe petitioner's act of
a. Civil indemnity is mandatory. (Pp v. Lascano)
a man’s lustful advances. (Pp v. Agsaoay) pressing a chemical-soaked cloth in the mouth of Malou
b. If qualified, increased to not less than P75K, (Pp v.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 144 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

which would induce her to sleep as an overt act that will the female organ because not all acts of execution were her consent.
logically and necessarily ripen into rape. As it were, performed. The offender merely commenced the
Nevertheless, accused-appellant could only be convicted
petitioner did not commence at all the performance of any commission of a felony directly by overt acts. Taking into for the crime of rape, instead of the complex crime of
act indicative of an intent or attempt to rape Malou. It account the nature, elements, and manner of execution of forcible abduction with rape. Indeed, it would appear
cannot be overemphasized that petitioner was fully the crime of rape and jurisprudence on the matter, it is from the records that the main objective of the accused
clothed and that there was no attempt on his part to hardly conceivable how the frustrated stage in rape can when the victim was taken to the house of Mila Salvacion
undress Malou, let alone touch her private part. For what ever be committed. was to rape her. Hence, forcible abduction is absorbed in
reason petitioner wanted the complainant unconscious, if the crime of rape.
that was really his immediate intention, is anybody's
guess. People v. Dalisay

The presence of either hymenal laceration or spermatozoa People v. Monticalvo 2013

on Lanie's private part is not an essential element of rape. A mental retardate can be classified as a person “deprived
Perez v. CA
In People v. Parcia, we held that the absence of sperm does of reason,” not one who is “demented” and carnal
Perez was found guilty of attempted rape. However, a not disprove the charge of rape. Likewise, in People v. knowledge of a mental retardate is considered rape under
careful review of the records of the case shows that the Regala, we ruled that an intact hymen does not necessarily subparagraph (b), not subparagraph (d) of Article 266-A(1)
crime committed by petitioner was acts of lasciviousness prove absence of sexual intercourse. of the RPC.
not attempted rape.
Nonetheless, the mistake would not exonerate appellant.
There is no showing in this case that petitioner’s sexual
People v. Lining In People v. Dalandas, citing People v. Dumanon, this Court
organ had even touched complainant’s vagina nor any part
of her body. Although the information filed against RTC found Gerry Lining guilty beyond reasonable doubt held that mental retardation can be proven by evidence
petitioner was for attempted rape, he can be convicted of for the crime of forcible abduction with rape, and for other than medical/clinical evidence, such as the
acts of lasciviousness because the crime of acts of another count of rape. testimony of witnesses and even the observation by the
lasciviousness is included in rape. trial court.
The medical finding that the victim was already a
non-virgin, nor the fact that she had sexual relations
before, would not matter. Even a woman of loose morals People v. YYY 2018
People v. Aca-ac
could still be a victim of rape, for the essence of rape is the
Necessarily, rape is attempted if there is no penetration of carnal knowledge of a woman against her will and without A medico-legal report is NOT indispensable in rape cases as it
is merely corroborative in nature. Thus, even without it, an

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 145 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

accused may still be convicted on the sole basis of the People v. XXX 2022 person accused, though innocent, to disprove;
testimony of the victim. As such, the credibility of the
The Court affirms the RTC's assessment of the witness, b. in view of the nature of the crime of rape where
witness should be assessed independently regardless of only two persons are usually involved, the
AAA, regarding the narration of the events that transpired
the presence or absence of a medico-legal report. Trial testimony of the complainant is scrutinized with
during those three nights. Further, AAA's account was
courts are expected to scrutinize the victim's testimony extreme caution; and
corroborated by the medico-legal report issued by PSI
with great caution, with or without a medico-legal report
Ebdane. c. the evidence for the prosecution stands or falls on
to corroborate the same.
However, the Court deems it necessary to correct the its own merits and cannot be allowed to draw
nomenclature of the crimes charged and to impose the strength from the weakness of the defense.
People v. XXX 2022 proper penalties. If the victim is 12 years old and under 18 Here, the elements of Statutory Rape were duly
years old, and the acts committed fall under rape through established.
The Court affirms the conviction of XXX for three counts
sexual assault under the RPC, the proper nomenclature is
of Qualified Statutory Rape. However, contrary to the finding of the CA, the special
"Lascivious Conduct under Section 5 (b) of RA 7610." The
This Court reiterates that inconsistencies on one's qualifying circumstance of relationship was sufficiently
imposable penalty is reclusion temporal in its medium
testimony will only result to reasonable doubt when the alleged in the Information. If the offender is merely a
period to reclusion perpetua.
detail pertains to an essential element of the crime or to relation — not a parent, ascendant, step-parent, or
As for Rape through sexual intercourse, and the victim is guardian or common-law spouse of the mother of the
the identity of the offender.
12 years old and under 18 years old, People v. Tulagan victim — it must be alleged in the information that he is a
People v. Nocido clarified that minor inconsistencies may again instructs that the proper nomenclature is "Rape relative by consanguinity or affinity within the third civil
even work to enhance the credibility of a witness. under Article 266-A (1) in relation to Article 266-B of the degree.
Officer Ebdane's findings of the absence of laceration or RPC," and the imposable penalty is reclusion perpetua.
The allegation that XXX is the uncle of AAA, and a brother
injury in AAA's genitalia is not fatal to the prosecution. It of AAA's father, without specifically alleging that such
is settled that a medical report is dispensable in proving relationship was within the third civil degree, is specific
the commission of rape. As to the presence of the People v. XXX 2022
enough to satisfy the special qualifying circumstance of
qualifying circumstance, the father-daughter relationship In the review of rape cases, We continue to be guided by relationship. Hence, XXX can be properly convicted of
between XXX and AAA was also established through the the following principles: Qualified Rape.
latter's Certificate of Live Birth.
a. an accusation for rape can be made with facility, it
is difficult to prove but more difficult for the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 146 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

People v. XXX255677 2022 Lopez, M., J. testimony of AAA255677, and the factual findings of AAA255677's mother.
the CA and the RTC.
Qualifying and aggravating circumstances are integral 7. The relationship between a stepfather and a
components of a crime that must be sufficiently alleged in the 3. People v. Pruna formulated guidelines after it stepdaughter assumes the existence of a legitimate
Information and established during trial with proof beyond surveyed jurisprudence where no birth certificate relationship, that is, the stepfather should be legally
reasonable doubt. The accused cannot be held liable for the was presented and the prosecution did not duly married to the stepdaughter's mother. The best
qualified nature of a crime and be condemned to suffer a higher prove the age of the victim as well as case law where evidence to prove the relationship is a marriage
penalty based on his own admission, the bare testimony of the the age of the victim was sufficiently established contract.
complainant, or the stipulation of the parties. despite the failure to submit the birth certificate.
8. Here, the admission of XXX during his direct
4. In the absence of a certificate of live birth, authentic examination that he was married to AAA255677's
WON XXX was properly charged and convicted of Qualified
document, or the testimony of the victim's mother mother is not part of the prosecution evidence in
Rape and acts of lasciviousness under Article 336 of the RPC
or relatives concerning the victim's age, the chief, and did not dispense the duty to offer the
in relation to Section 5 (b) of R.A. No. 7610.
complainant's testimony will suffice provided that it proof of marriage. At most, XXX is liable only for
1. NO. XXX is guilty of simple rape absent allegation is expressly and clearly admitted by the accused. The simple rape.
and proof as to the concurrence of the special trial court should always make a categorical finding
9. The CA and the RTC erred in convicting XXX of acts
qualifying circumstance of minority and as to the age of the victim. of lasciviousness under Article 336 of the Revised
relationship. XXX is liable for Lascivious Conduct
5. Here, the prosecution proved the minority of Penal Code in relation to Section 5 (b) of R.A. No.
under Section 5 (b) of R.A. No. 7610 since the
AAA255677 notwithstanding the non-presentation 7610. 38 Although AAA255677 was just 10 years old at
Information alleged that the victim was exactly 12
of her birth certificate. AAA255677, who was the time of the sexual violation, such fact cannot be
years old although it was proven during trial that
competent to testify on her age, stated that she was appreciated because her age as alleged in the
she was below the threshold age at the time of the
born on October 29, 2002, and that she was only 12 Information was exactly 12 years old which is
commission of the offense.
years old when XXX raped her. More importantly, different from that actually proven.
2. As to the circumstance of minority of the victim, it XXX openly admitted and stipulated during
10. Hence, the offense should be designated as
is undisputed that the prosecution failed to adduce pre-trial that AAA255677 was a 12-year old minor. lascivious conduct under Section 5 (b) of R.A. No.
the certificate of live birth of AAA255677 or any
6. With regard to the circumstance of relationship, the 7610, and the imposable penalty is reclusion
acceptable substitutionary documentary evidence to
CA and the RTC anchored their findings that XXX is temporal in its medium period to reclusion
prove her age. Instead, the prosecution relied on the
the stepfather of AAA255677 solely on his admission perpetua.
stipulation of the parties during pre-trial, the
during direct examination that he is married to

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 147 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

People v. XXX 2020

Anent the qualifying circumstances of minority and
People v. ZZZ 2021 relationship, we find the same to have been satisfactorily As a rule, courts view unfavorably affidavits of desistance
The date of commission is not even an element of the alleged in the Informations and established during the or a recantation of a victim's testimony, especially in rape
trial. Based on the facts, and as found by both the RTC and cases, since they can be easily obtained for monetary
crime of rape. It cannot be considered that appellant was
deprived of his constitutional right to be informed of the the CA, XXX forced AAA to perform fellatio on him by consideration or through intimidation. Here, five years
nature and cause of the accusation against him. placing his penis inside her mouth. had passed from the time she testified against him to the
XXX should be adjudged guilty of Rape by Sexual Assault time she recanted her testimony. This long passage of time
As to the alleged inconsistencies in AAA's testimony, People
under the RPC. People v. Tulagan held that if the acts renders suspect her execution of the affidavit.
v. Lagbo explained that courts expect minor
inconsistencies when a child-victim narrates the details of constituting sexual assault are committed against a victim Thus, the prosecution has proven beyond reasonable
a harrowing experience like rape. Such inconsistencies on under 12 years of age or is demented, the nomenclature of doubt, that indeed, accused-appellant is guilty of the
minor details are in fact badges of truth, candidness and the offense should now be 'Sexual Assault under crime of Rape.
the fact that the witness is unrehearsed. These paragraph 2, Article 266-A of the RPC in relation to
The designation of the crime committed by
discrepancies as to minor matters, irrelevant to the Section 5(b) of R.A. No. 7610.'
accused-appellant, however, must be corrected. XXX is
elements of the crime, cannot, thus, be considered a In order to qualify the rape charge, the victim's minority liable for one count of Rape under Article 266, Paragraph
ground for acquittal. AND her relationship with the offender should BOTH be 1(a) of the RPC.
alleged in the Information and proven beyond reasonable
As to ZZZ allegedly unable to have an erection due to old Article 266-B of the RPC provides that "whenever the rape
age, he did not present documentary evidence such as a doubt during trial. Since both the qualifying
is committed with the use of a deadly weapon or by two or
medical certificate attesting to the physical impossibility circumstances of minority and relationship were properly
more persons, the penalty shall be reclusion perpetua to
of his having an erection and incapacity of raping AAA. pleaded and proved during trial, the CA correctly
death". In view of XXX's use of a bladed weapon in the
convicted XXX of Qualified Rape under paragraph 1(d) of
commission of the crime, he should suffer the penalty of
Article 266-A in relation to Article 266-B of the RPC.
reclusion perpetua under Article 266-B of the RPC since
People v. XXX 2020 The CA correctly affirmed the penalty of reclusion such use of the bladed weapon was alleged in the
Absent any indication that the RTC and the CA committed perpetua in light of the prohibition on the imposition of Information and sufficiently proven during trial.
any error in the evaluation of the evidence, the Court sees the death penalty as mandated by RA 9346, without
The CA and the trial court correctly disregarded the
no reason to deviate from the factual findings that XXX eligibility for parole.
qualifying circumstance of XXX's relationship to the
sexually assaulted and had carnal knowledge of AAA. victim as her mother's live-in partner since this

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 148 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

circumstance was not alleged in the Information, testimony was substantiated by Dr. Guzman, who, after her violator's criminal culpability. Romantic affairs
although it was proven during trial. conducting her medical examination just a day after the voluntarily engaged into by a rape victim, whether before,
rape, reported that private complainant had hymenal during, or after the rape incident, will not overwrite the
lacerations. established fact that her violator forcibly obtained carnal
People v. XXX 2020 knowledge of her without her consent.
There is no standard form of behavior for a rape victim,
Rape shall be qualified and the death penalty shall be more so for a minor such as private complainant, who was The designation of the crimes committed by ZZZ,
imposed under paragraph 1 of Article 266-B of the RPC if it just eight (8) years old and who was under the moral however, must be corrected. Sexual intercourse with a
is committed by a parent against his child who is below ascendancy of accused-appellant, a distant relative who victim who is under 12 years old, as defined under Article
eighteen (18) years old. she considers her lolo or grandfather. 266-A, Paragraph 1(d) of the RPC, is Statutory Rape. ZZZ is
liable for two counts of Rape defined in Art 266, par 1(a) of
Here, AAA was below eighteen years old when the crime Pursuant to People v. Tulagan, accused-appellant should be
criminally held liable for Statutory Rape defined under the RPC and one count of Statutory Rape under Art 266,
was committed against her. XXX, who admitted that he is
Article 266-A, Paragraph 1(d) penalized under Article par 1(d) of the RPC.
AAA's father, sexually took advantage of her without her
consent. When the offender is the victim's father, as in this 266-B of the RPC. The correlation to RA 7610 is deleted.
case, there need not be actual force, threat or intimidation
People v. Catig 2020
because when a father commits the odious crime of rape
against his own daughter, who was also a minor at the People v. ZZZ 2020 Although AAA did not describe the incident of rape in
time of the commission of the offenses, his moral ZZZ is guilty of two (2) counts of Rape under Art 266-A, more detail, it is apparent from her testimony that
ascendancy or influence over the latter substitutes for par 1(a), and one (1) count of Statutory Rape fined under appellant was successful in having carnal knowledge of
violence and intimidation. Art 266-A, par 1(d) of the RPC, as amended by RA 8353. her. She is not expected to provide a detailed account of
what transpired because of her mental handicap.
ZZZ miserably failed to overturn the burden of evidence
against him. His defenses were threefold: denial, alibi, In cases where penetration was not fully established, the
People v. XXX 2020 Court had consistently enunciated that rape was
and imputation of ill motive against the victim.
Sexual congress with a girl under 12 years old is always nevertheless consummated on the victim's testimony that
ZZZ cannot escape culpability by highlighting AAA's she felt pain. The results of AAA's physical examination
rape.
intimate relationship with her boyfriend. Premarital which was conducted on the very same day that the rape
Here, AAA positively identified accused-appellant and relationships do not necessarily entail sexual intimacy. incident happened corroborates her testimony that she
candidly testified that he undressed her, laid her down on Neither can the sexual behavior of a rape victim reverse was sexually molested by the appellant.
the floor, and inserted his penis into her vagina. Her

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 149 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Mental retardation can be proven by evidence other than b. The said act is performed with a child exploited in WON the sexual intercourse between XXX and AAA was a
medical/clinical evidence, such as the testimony of prostitution or subjected to other sexual abuse. free and voluntary act.
witnesses and even the observation by the trial court.
c. The child, whether male or female, is below 18 1. NO. XXX's theory of consensual sex is barren of
However, the conviction of an accused of rape based on
years of age. probative weight. He failed to substantiate his claim
the mental retardation of the victim must be anchored on
proof beyond reason able doubt of the same. In relation to Section 5(b) of RA 7610, the apparent and offered only self-serving assertions.
circumstances here fit squarely as sexual assault: 2. The crime of statutory Rape is defined under Article
Here, AAA is a mental retardate. The social worker who
conducted the case study, testified that AAA suffered from d. AAA, 6 years young at the time of the incident, 266-A, paragraph 1(d) of the RPC; as amended, and
typhoid fever that affected her mental development. Catig received a penetrating blow onto her vagina that has the following elements: (1) the offended party is
even admitted that he knew of AAA's mental state. almost extended to her anus by a welding rod under 12 years of age; and (2) the accused had carnal
wielded by Pueyo. knowledge of the victim.
However, although it was proven and admitted during
trial that appellant knew of AAA's mental retardation, the e. The severity of the genital injury inflicted upon 3. It is committed regardless of whether there was
same cannot be appreciated as a qualifying circumstance AAA cannot be more telling of Pueyo's abusive force, threat, or intimidation; fraud or grave abuse
for it was not specifically alleged in the Information that intent. of authority; and whether the victim was deprived
he was aware of AAA's mental retardation. of reason or consciousness.
Thus, the acts of Pueyo have been shown to fall within the
punitive purview of rape by sexual assault under Article 4. People v. Castillo settled that the crime is statutory
266-A(2) of the RPC in relation to Section 5(b) of RA 7610. Rape when the victim has a mental age of a person
People v. Pueyo 2020 below 12 years old.
Pueyo is instead guilty beyond reasonable doubt of the 5. Here, all the elements of statutory Rape were proven
graver offense of Sexual Assault under Article 266-A(2) of People v. XXX243988 2020 Lopez, M., J. beyond reasonable doubt.
the RPC, as amended, in relation to Section 5(b) of RA
In determining whether a person is "twelve (12) years of age" 6. Foremost, it was established that AAA is incapable
7610. of giving rational consent and has not reached the
under Article 266-A (1) (d), the interpretation should be in
People v. Dagsa sets the parameters in determining accordance with either the chronological age of the child if he or level of maturity that would give her the capacity to
whether there is a violation of Section 5(b) of RA 7610, viz.: she is not suffering from intellectual disability, or the mental age make prudent decisions, especially on matters
if intellectual disability is established. involving sexuality. A series of psychological tests
a. The accused commits the act of sexual intercourse
or lascivious conduct. revealed that AAA is a mental retardate. The
NOTE: The statutory age is now 16 years old.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 150 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

examining psychologist testified in open court that People v. Begino held that the qualifying circumstances Quimvel v. People as cited in the Molejon case explained that
AAA has a chronological age of 29 years old but has a must be properly pleaded in the indictment. If the same the child is deemed subjected to other sexual abuse when
mental age of a six-year old child. are not pleaded but proved, they shall be considered only the child engages in lascivious conduct under the coercion
as aggravating circumstances. or influence of any adult. Withal, there is basis to rule that
there was sexual abuse herein, given that Eulalio kissed
People v. De Guzman 2019 De Guzman cannot be held liable for qualified rape since
the prosecution failed to properly designate in the AAA, who was only 11 years old at the time.
De Guzman is guilty instead of Simple Statutory Rape as Informations that De Guzman is actually BBB's
the qualifying circumstance of relationship was not common-law husband, which was proven during the trial,
proven beyond reasonable doubt. People v. Villegas, Jr. 2019
and not AAA's stepfather.
The minority of the victim and his or her relationship with The elements of the special complex crime of rape with
the offender should both be alleged in the Information homicide are as follows:
and proven beyond reasonable doubt during trial in order People v. Eulalio 2019
a. the appellant had carnal knowledge of a woman;
to qualify the rape. It is enough that the age of the victim is proven and that
b. carnal knowledge of a woman was achieved by
Here, the prosecution failed to establish this there was sexual intercourse.
means of force, threat or intimidation; and
stepparent-stepdaughter relationship between De Here, Eulalio had carnal knowledge of AAA, an 11-year-old
Guzman and AAA. c. by reason or on occasion of such carnal knowledge
victim, by using threats and intimidation. The Court is
by means of force, threat or intimidation, the
a. No proof of marriage was presented in order to thus convinced that Eulalio is guilty of rape, specifically,
appellant killed a woman.
establish De Guzman's legal relationship with BBB, statutory rape.
mother of AAA. Here, the post-mortem examination of AAA's body
Also, Eulalio was properly convicted of acts of
revealed that she had lacerations on her private parts and
b. De Guzman was actually the common-law spouse lasciviousness, although charged with rape in the
that she recently lost her virginity, which more likely
of BBB as he was not legally married to her. Information. He committed lewd acts upon AAA, who was
meant that the assailant had carnal knowledge of her.
only 11 years old at the time, by kissing her using threats
c. Since De Guzman's relationship with AAA as
and intimidation. Following the variance doctrine As the testimonies of the prosecution witnesses
alleged in the Informations was not proven beyond
enunciated under Section 4 in relation to Section 5 of Rule corroborated each other on material points, these should
reasonable doubt, De Guzman cannot be convicted
120, Acts of lasciviousness; the offense proved, is included be given great weight since the trial court found these
of Qualified Rape, only Simple Statutory Rape and
in rape, the offense charged. testimonies more convincing.
Simple Rape.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 151 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Indeed, AAA described vividly how accused-appellant 4. Made as a prerequisite for admission or a requirement
While Villegas maintained that he was at the house of
Ronilo when the crime was committed, there was no deflowered her and we cannot imagine how a child, as for continuing membership;
dispute that the abandoned house was accessible via young in years as AAA, could directly and consistently
5. Involves a fraternity, sorority, or organization;
transportation and that it would have only taken around recount in open court such an ordeal, unless she, in fact,
had experienced the same. 6. Likely to adversely affect the physical and
ten (10) to fifteen (15) minutes to traverse the distance.
psychological health of such recruit, neophyte,
Since there was a great possibility that Villegas was in the Between Galuga's plain denial and AAA's categorical
applicant, or member.
vicinity at the time of the commission of the felony, his testimony, the latter is given weight, especially because
Galuga admitted that he was actually found together with This shall also include any activity, intentionally made or
defense of alibi fails. His denial of the charge was negated
AAA by AAA's father and prosecution witnesses Borja and otherwise, by one person alone or acting with others, that
by the circumstantial evidence which already established
Garlitos. tends to humiliate or embarrass, degrade, abuse, or
his guilt.
endanger, by requiring a recruit, neophyte, applicant, or
Where there is no evidence that the principal witness for
member to do menial, silly, or foolish tasks.
the prosecution was actuated by improper motive, the
People v. Cabales 2019 presumption is that he/she was not so actuated and Nullity of Waiver and Consent
Here, without clear evidence of consent, AAA's apparently his/her testimony is entitled to full credence. 1. Any form of approval, consent, or agreement,
passive conduct will not negate the rape committed by whether written or otherwise, or of an express
Cabales against her person. Her statements that she had waiver of the right to object to the initiation rite or
been threatened into silence by Cabales were unwavering. Anti-Hazing Act of 2018 proceeding which consists of hazing made by a
1 R.A. No. 8049, Secs. 2-3, 12 and 14, as amended by recruit, neophyte, or applicant prior to an initiation
Jurisprudence has steadily held that "no woman, least of
R.A. No. 11053 rite that involves inflicting physical or psychological
all a child, would concoct a story of defloration, allow
suffering, harm, or injury, shall be VOID and
examination of her private parts and subject herself to Hazing refers to any act that
without any binding effect on the parties.
public trial or ridicule if she has not, in truth, been a
1. Results in physical or psychological suffering or
victim of rape and impelled to seek justice for the wrong 2. The defense that the recruit, neophyte, or applicant
tends to embarrass, degrade, abuse or endanger the
done to her being." consented to being subjected to hazing shall not be
neophyte, member or applicant;
available to persons prosecuted under this Act.
2. Inflicted on a recruit, neophyte, applicant, or
People v. Galuga 2019 member;
3. Inflicted as part of an initiation rite or practice;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 152 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

carrying out the hazing by inducing the victim

Who are liable for hazing g. The owner or lessee of the place where hazing is
to be present thereat; and
a. RP + 3M Fine. Those who actually planned or conducted shall be liable as principal when such
6) members of the fraternity, sorority, or owner or lessee has
participated in the hazing if, as a consequence of the
organization who are present during the hazing
hazing, death, rape, sodomy, or mutilation results i. actual knowledge of the hazing conducted
when they are intoxicated or under the influence
therefrom; therein
of alcohol or illegal drugs;
b. RP + 2M Fine. ii. but failed to take any action to prevent the
c. RT Max + 1M Fine. All persons who are present in
1) All persons who actually planned or participated same from occurring or
the conduct of the hazing;
in the conduct of the hazing; iii. failed to promptly report the same to the law
d. RT + 1M Fine. Former officers, nonresident
2) All officers of the fraternity, sorority, or enforcement authorities if they can do so
member, alumni of the fraternity, sorority, or
organization who are actually present during without peril to their person or their family.
organization who, after the commission of any of
the hazing; the prohibited acts proscribed herein, will perform h. If the hazing is held in the home of one of the
3) The adviser of a fraternity, sorority, or any act to hide, conceal, or otherwise hamper or officers or members of the fraternity, sorority, or
organization who is present when the acts obstruct any investigation that will be conducted organization, the parents shall be held liable as
constituting the hazing were committed and thereafter. principals (same requisites as above)
failed to take action to prevent the same from e. PC Min. Any person who shall intimidate, threaten, i. The school authorities including faculty members
occurring or failed to promptly report the same force, or employ, or administer any form of vexation as well as barangay, municipal, or city officials shall
to the law enforcement authorities if such against another person for the purpose of be liable as an accomplice and likewise be held
adviser or adviser or advisers can do so without recruitment in joining or promoting a particular administratively accountable (same requisites as in [g])
peril to their person or their family; fraternity, sorority, or organization; and
j. The incumbent officers of the fraternity, sorority, or
4) All former officers, nonresident members, or f. 1M Fine. The school, if the fraternity, sorority, or organization concerned shall be jointly liable with
alumni of the fraternity, sorority, or organization filed a written application to conduct those members who actually participated in the
organization who are also present during the an initiation which was subsequently approved by hazing.
hazing. the school and hazing occurred during the initiation
5) Officers or members of a fraternity, sorority, or rites or when no representatives from the school Prima facie evidence
organization who knowingly cooperated in were present during the initiation. The presence of any person, even if such person is not a
member of the fraternity, sorority, or organization,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 153 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

during the hazing is prima facie evidence of he indeed had some connection with Tau Gamma Phi
participation therein as a principal unless such person or 1. That there is an initiation rite or practice as a
prerequisite for admission into membership in a Fraternity on the basis of the handwritten notes found in
persons the document, such connection does not automatically
fraternity, sorority or organization;
1. prevented the commission of the acts punishable mean membership. In fact the possibility that he was
herein or 2. That there must be a recruit, neophyte or himself a mere recruit, neophyte, or applicant who
applicant of the fraternity, sorority or sought admission into membership in Tau Gamma Phi
2. promptly reported the same to the law organization; and Fraternity is not precluded.
enforcement authorities if they can do so
without peril, to their person or their family. 3. That the recruit, neophyte or applicant is placed in
some embarrassing or humiliating situations
Praeter intentionem inapplicable such as forcing him to do menial, silly, foolish and Villarba v. CA and People 2020
Any person charged under this Act shall not be entitled other similar tasks or activities or otherwise
Against Dordas's candid testimony, petitioner's defense
to the mitigating circumstances that there was no subjecting him to physical or psychological
of denial utterly fails.
intention to commit so grave a wrong. suffering or injury.
Indeed, not one of petitioner's assertions has withstood
First, other than SPO2 Patambang's bare testimony that
Bartolome v. People 2021 the strength of the prosecution's evidence. The lower
petitioners admitted to him during the conduct of the
courts have given full faith to the testimony of Dordas,
The Court is NOT convinced that petitioners are guilty investigation that a hazing incident occurred in a field
and this Court finds no reason to differ. Thus, petitioner's
beyond reasonable doubt of the offense of hazing located at Area C, Dasmariñas, Cavite, the prosecution
conviction is sustained. He is, beyond reasonable doubt,
presented no evidence to prove that hazing actually took
Here, no direct evidence was presented to link petitioners guilty of the crime of hazing.
place.
to Samparada's death. It must be noted though that
hazing, like any other felony, need not be proven by direct Second, the assessment of the hospital staff and the police
evidence; it may be sufficiently proven by circumstantial officers that the injuries sustained by Samparada were Dungo v. People 2015
evidence. Moreover, conviction for hazing is still possible caused by hazing remained inconclusive.
The act of hazing itself is not inherently immoral, but the
through a single, credible witness. Third, the document allegedly seized by the police officers law deems the same to be against public policy and must
Here, however, the circumstantial evidence presented by from Bartolome, although containing handwritten notes be prohibited. Accordingly, the existence of criminal
the prosecution is insufficient for the conviction of that included his name and markings related to Tau intent is immaterial in the crime of hazing. Also, the
petitioners. Essentially, the prosecution failed to Gamma Phi Fraternity, does not necessarily establish his defense of good faith cannot be raised in its prosecution.
establish the elements of hazing under RA 8049, to wit: membership in the fraternity. Moreover, assuming that
Recognizing the malum prohibitum characteristic of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 154 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

hazing, the law provides that any person charged with the approved “testing and training procedure and practices” of the person committing it. In this case, the danger is
said crime shall not be entitled to the mitigating for prospective regular members of the AFP and the PNP. visible and consciously appreciated by the actor. In
circumstance that there was no intention to commit so This exemption is an affirmative defense in, not an contrast, simple imprudence or negligence comprises an
grave a wrong. Also, the framers of the law intended that essential element of, the crime of accomplice to hazing. act done without grave fault, from which an injury or
the consent of the victim shall not be a defense in hazing. It is an assertion that must be properly claimed by the material damage ensues by reason of a mere lack of
accused, not by the prosecution. foresight or skill. Here, the threatened harm is not
R.A. No. 8049 presents a novel provision that introduces a
disputable presumption of actual participation; and immediate, and the danger is not openly visible.
However, the indictment merely states that psychological
which modifies the concept of conspiracy. The presence pain and physical injuries were inflicted on the victim.
of any person during the hazing is prima facie evidence of There is no allegation that the purported acts were
participation as principal, unless he prevented the employed as a prerequisite for admission or entry into People v. Feliciano 2016
commission of the punishable acts. the organization. Thus, the Information must be 1. Death or injuries caused by fraternity rumbles are not
quashed. treated as separate or distinct crimes, unlike deaths
or injuries as a result of hazing. They are punishable
Bayabos v. People 2015 as ordinary crimes of murder, homicide, or physical
Villareal v. People 2012 injuries under the RPC.
Failure by school authorities to take any action to prevent
the offenses as provided by the law exposes them to Prior to the 1995 Anti-Hazing Law, there was to some 2. The prosecution of fraternity-related violence,
criminal liability as accomplices in the criminal acts. extent a lacuna in the law; hazing was not clearly however, is harder than the prosecution of ordinary
Thus, the institution and its officers cannot stand idly by considered an intentional felony. And when there is doubt crimes. Most of the time, the evidence is merely
in the face of patently criminal acts committed within on the interpretation of criminal laws, all must be circumstantial. The reason is obvious: loyalty to the
their sphere of responsibility. resolved in favor of the accused. In dubio pro reo. fraternity dictates that brods do not turn on their
brods. A crime can go unprosecuted for as long as the
First, we reject the contention of respondents that PMMA The absence of malicious intent does not automatically
should not be considered an organization. It is included mean, however, that the accused fraternity members are brotherhood remains silent.
in the term organization within the meaning of the law. ultimately devoid of criminal liability. Reckless
imprudence or negligence consists of a voluntary act
We also disagree with the Sandiganbayan ruling that the
done without malice, from which an immediate personal Crimes Against Personal Liberty and
quashal of the Information was warranted for failure to
harm, injury or material damage results by reason of an H Security
allege that the purported acts were not covered by the
inexcusable lack of precaution or advertence on the part Title Nine
exemption relating to the duly recommended and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 155 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

268 Slight illegal detention restraint on the offended party's liberty.

Illegal Detention
1) Offender is a private individual; 2. A public officer must have duty under the law to detain
267 Kidnapping and serious illegal detention persons, otherwise he may be liable for kidnapping and
2) Kidnaps or detains another, depriving the latter of
not arbitrary detention.
Penalty is RP to Death his liberty;
3. When the victim is female, detention is under Art 267.
1) Offender is a private individual; 3) Act is illegal;
Voluntary release is not mitigating in that article.
2) Kidnaps or detains another, depriving the latter of 4) Without any of the circumstances in Art 267.
his liberty; Kidnapping of minors
Penalty lowered to PM min-med when offender
3) Act is illegal; 270 Kidnapping and failure to return a minor
a) voluntarily releases captive within 3 days, when he
4) Any of the following circumstance is present: was in the position to prolong detention; 1) Offender is entrusted with the custody of a minor;
a) lasts for more than 3 days; b) without having attained the purpose intended; and 2) Deliberately fails to restore said minor to his
b) simulating public authority; c) before the institution of criminal proceedings. parents or guardians.
c) any serious physical injuries are inflicted or 271 Inducing a minor to abandon his home
269 Unlawful arrest
threats to kill detainee are made;
1) Offender arrests or detains another; 1) The minor is living in the home of his parents or
d) detainee is a minor, female, or a public
guardian or the person entrusted with is custody;
officer; OR 2) Purpose is to deliver him to the proper authorities;
2) Induces said minor to abandon such home.
e) Person is kidnapped for ransom. 3) Not authorized by law or there is no reasonable
Maximum penalty of Death ground therefor. Abandonment and Exploitation
1) if the purpose is to extort money; Abandonment of persons in danger and of one's
NOTES RE ILLEGAL DETENTION 275
own victim
2) victim is killed or dies as a consequence; special
1. The essence of the crime of kidnapping is
complex crime 1) Failing to render assistance to any person offender
a. the actual deprivation of the victim's liberty
3) victim is raped; special complex crime finds:
b. coupled with an indubitable proof of intent on
4) victim is subjected to torture or dehumanizing acts. a) In an uninhabited place,
the part of the malefactor to effect such

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 156 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

person, honor or property or that of his

b) wounded or in danger of dying, Qualified: By means of violence or intimidation
family of any wrong
c) whilst he can render assistance without 281 Other forms of trespass
detriment to himself, b) amounting to a crime and
1) Offender enters the closed premises or the fenced c) not subject to a condition.
d) he fails to render such, and
estate of another;
e) such omission shall not constitute a more 283 Light threats
2) It is uninhabited;
serious offense.
1) Makes a threat to commit a wrong;
3) Prohibition to enter be manifest;
2) Failing to help or assist another whom offender
4) Has not secured the permission of the owner or 2) Does not amount to a crime;
accidentally wounded or injured.
caretaker. 3) There is demand for money or imposing any other
3) Failing to deliver a child under 7 years whom
condition, even though not unlawful; and
offender found abandoned, to the authorities or to Threats and Coercion
his family, or by failing to take him to a safe place. 4) Offender has or has not attained his purpose.
282 Grave threats
276 Abandoning a minor 285 Other light threats
1) Where offender attained his purpose
1) Offender has custody of a child; Acts Punished
a) Threatening another with the infliction
2) Who is under 7 years of age; upon his person, honor or property or that 1) (a) Threatening another with a weapon, or

3) Abandons such child; of his family of any wrong (b) by drawing such weapon in a quarrel, unless it
b) amounting to a crime and be in lawful self-defense;
4) Has no intent to kill when child is abandoned.
c) demanding money or imposing any other 2) Orally threatening another, in the heat of anger, with
Trespass condition, even though not unlawful, and some harm constituting a crime, without persisting
280 Trespass to dwelling in the idea involved in his threat;
d) the offender attained his purpose.
3) Orally threatening another to do any harm not
1) Offender is a private person; 2) Where offender did not attain his purpose;
constituting a felony.
2) Enters the dwelling of another; 3) Not subject to a condition
286 Grave coercions
3) Against the latter's will. a) Threatening another of infliction upon his

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 157 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Acts punished combination of capital or labor through violence or

➔ If no violence or intimidation, unjust
threats
1) Preventing another, by means of violence, threats or vexation
intimidation from doing something legal. 1) Offender employs violence or threats, in such a
4) Purpose is to apply same to the payment of debt.
2) Compelling another, by means of violence, threats degree as to compel or force the laborers or
288 Other similar coercions employers in the free and legal exercise of their
or intimidation, to do something against his will,
may it be right or wrong. 1) Forcing or compelling, directly or indirectly, or industry or work.

Qualified if the coercion is committed knowingly permitting such be done to the laborer 2) Purpose is to organize, maintain or prevent
or employee of the offender to purchase coalitions of capital or labor, strike of laborers or
1) in violation of the right of suffrage;
merchandise of any kind from him. lockout of employers.
2) compel another to perform or
a) Offender is any person, agent or officer of
3) prevent another from performing any religious act. any association or corporation; People v. Mendoza 2023

Elements b) Employed laborers or employees; and The prosecution established beyond reasonable doubt the
existence of all the elements of Kidnapping for Ransom.
1) A person is prevented from doing something legal, c) Forces or compels, directly or indirectly, or
or compelled to do something against his will; knowingly permits such be done to the First, accused-appellants' intent to deprive Carrie of her
employee of the offender to purchase liberty was evident from the moment she was forcibly
2) Effected through violence, threats or intimidation;
merchandise of any kind from him. taken at gunpoint.
and
2) Paying the wages due his laborer or employee by Second, the victim herself categorically narrated how she
3) The restraint shall not be authorized or not in the
means of tokens or objects other than the legal was brought to Angono, Rizal and detained in a nipa hut
exercise of a lawful right.
tender, unless expressly requested by the employee. for four days. During the said period, Carrie was unable
287 Light coercions to communicate with her family or to go home. This was
a) Offender pays the wages due a laborer by
corroborated by state witness Mendoza who personally
1) Offender is a creditor; means of tokens or objects;
guarded and fed Carrie in the course of her detention.
2) Seizes anything belonging to his debtor; b) Not legal tender;
Third, the prosecution has successfully established that
3) By means of violence, or display of material force c) Not expressly requested by the employee. the purpose of kidnapping Carrie was to extort money
producing intimidation; from her.
289 Formation, maintenance and prohibition of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 158 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

money, and identified the list of the serial numbers of the back with a chain.
People v. Resurrecion 2022 En Banc ransom bills used in the pay-off.
3. Ransom money was demanded for the release of
Fifth, Officers Arganda, Manzano and Guadalupe also Arturo.
The RTC, as affirmed by the CA and the SC, found the
avowed they closely tailed and monitored Elisa's car along
totality of the circumstantial evidence adduced by the 4. Arturo was killed in the course of the detention.
SLEX after Elisa was instructed by the kidnappers to drop
prosecution sufficient to support accused-appellants'
the ransom.
conviction of the crime charged, viz.:
Sixth, the same operatives saw the white Honda Civic car, People v. Benedicto Ramos
The following circumstantial evidence indubitably led this
with plate number WKV-152, [park] beside Elisa's car, and
court to conclude that Spouses Huang were indeed For kidnapping to exist, it is not necessary that the offended
again tailed Elisa's car until Elisa dropped the ransom
kidnapped and detained: party be kept within an enclosure to restrict her freedom of
along the southbound of SLEX; and
locomotion. It is enough that, as in the instant case, she
First, Police Senior Inspector Cresencio Arganda, PO3
Finally, Officer Guadalupe positively avowed he saw was in any manner deprived of her liberty, unable to
Maleo David Manzano and PCI Jonel Guadalupe of the
accused Viñesa get the money along the bridge near the move - and get out - as she pleased.
Anti-Kidnapping Group Camp Crame, Quezon City
Petron gas station of SLEX southbound.
categorically testified that on 10 August 2013, Jenny, The rule now is: Where the person kidnapped is killed in
Elisa's sister, lodged a complaint for kidnapping at their the course of the detention, regardless of whether the killing
office; was purposely sought or was merely an afterthought, the
People v. Cornista 2020
Second, Officers Arganda, Manzano and Guadalupe also kidnapping and murder or homicide can no longer be
averred that, after Jenny's complaint, they fetched Elisa In the special complex crime of Kidnapping for Ransom complexed under Art. 48, nor be treated as separate
from GMA Cavite where Elisa was released by the with Homicide, the person kidnapped is killed in the crimes, but shall be punished as a special complex crime
kidnappers purposely to raise the ransom money for course of the detention, regardless of whether the killing under the last paragraph of Art. 267, as amended.
Jason's release. was purposely sought or was merely an afterthought.

Third, Officers Arganda, Manzano and Guadalupe further Here, the prosecution was able to prove the foregoing
People v. Anticamara 2011
avowed and maintained they were with Elisa, at their elements.
office, when she negotiated with the kidnappers over the The last paragraph of Article 267 of the RPC provides that
1. Arturo was taken against his will.
phone concerning the amount of the ransom. if the victim is killed or dies as a consequence of the
2. Mendoza testified that appellants brought Arturo detention, or is raped or subjected to torture or
Fourth, PO3 Manzano, the Investigator-on-case, averred to a small house in Angono, Rizal. He further dehumanizing acts, the maximum penalty shall be
he was present when Elisa Huang prepared the ransom witnessed that Arturo's hands were tied at the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 159 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

imposed. In People v. Larrañaga, this provision gives rise complex crime of Kidnapping for Ransom with simple kidnapping and serious illegal detention.
to a special complex crime. Thus, We hold that appellant Homicide. This is in view of the victim’s (i.e., Edwin's)
Lando is guilty beyond reasonable doubt of the special death, which was (a) specifically charged in the
complex crime of kidnapping and serious illegal Information, and (b) clearly established during the trial of People v. Borja 2017
detention with rape. this case. A public officer who detains a person for the purpose of
However, the Court does not agree with the CA and trial Further taking into account the fact that the kidnapping extorting ransom cannot be said to be acting in an
court's judgment finding appellant Al liable for Rape. In was committed for the purpose of extorting ransom, official capacity. In People v. Santiano, this Court
People v. Suyu, We ruled that once conspiracy is accused-appellants’ conviction must be modified from explained that public officials may be prosecuted under
established between several accused in the commission of Kidnapping and Serious Illegal Detention to the special Article 267 of the RPC if they act in their private capacity.
the crime of robbery, they would all be equally culpable complex crime of Kidnapping for Ransom with The burden is on the accused to prove that he or she acted
for the rape committed by anyone of them on the Homicide, which carries the penalty of death. in furtherance of his or her official functions.
occasion of the robbery, unless anyone of them proves In this case, Ronalyn was clearly deprived of her liberty.
that he endeavored to prevent the others from She was forcibly taken inside a vehicle by
committing rape. People v. Bandoquillo 2016
accused-appellant and his cohorts and was driven around
There is no evidence to prove that appellant Al was aware Bandoquillo is a private individual who, along with his Quezon City for at least five (5) hours.
of the subsequent events that transpired after the killing cohorts, kidnapped Hung Yee Chua (Yee) and 5 minors.
of Sulpacio and the kidnapping of AAA. Appellant Al The abductors simulated public authority by
could not have prevented appellant Lando from raping misrepresenting themselves as PDEA agents when they People v. Concepcion 2018
forcibly took the victims. In kidnapping and serious re kidnapping absorbed in rape
AAA, because at the time of rape, he was no longer
associated with appellant Lando. illegal detention for ransom, the purpose of extorting Accused abducted the victim and then raped her.
ransom is a qualifying circumstance which must be Thereafter, he prevented her from leaving by placing
alleged in the Information and proved by the prosecution electric wire around the room where she was in to
People v. Dionaldo 2014 as the crime itself by words and overt acts of the accused prevent anyone who might come to release her. The
The Court is, however, constrained to modify the ruling of before, during and after the kidnapping and detention of abduction of the victim by the accused is absorbed in the
the RTC and the CA, as the crime the accused-appellants the victim. In the case at bench, the Information did not crime of rape since it was resorted to in order to commit
contain an allegation that Bandoquillo and his cohorts the latter crime.
have committed does not merely constitute Kidnapping
and Serious Illegal Detention, but that of the special intended to extort ransom to obtain the release of the victims.
The continued detention of AAA after the rape cannot be
Accordingly, Bandoquillo should be convicted only of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 160 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

deemed absorbed in it. The detention was illegal and not

d) there is (5) violence against or intimidation of 4. Robbery at a glance
attended by the circumstances that would render it any person, or force upon anything.
serious illegal detention. Thus, this Court finds a) If there is violence against or intimidation of any
accused-appellant guilty of the crime of slight illegal 2) Classification of robbery person, always robbery.
detention. a) With violence against, or intimidation of b) In the first type of robbery, the value of robbed
persons (Arts 294, 297, 298); property is immaterial. Penalty depends on (1) the
result of the violence used, and (2) on the existence
b) By the use of force upon things (Arts 299,
I Crimes Against Property 302) of intimidation.
Title Ten c) On the second type, penalty is based on (1) value, (2)
NOTES carrying of arms, if carried out in inhabited
Anti-Fencing Law of 1979
buildings.
1. Where the taking was lawful and the unlawful
Bouncing Checks Law misappropriation was subsequent thereto, the crime is d) Penalty based solely on value if carried out in
New Anti-Carnapping Act of 2016 estafa or malversation. But if intent from the very uninhabited buildings.
beginning was to gain from the prohibited material,
Motorcycle Crime Prevention Act 5. If robbery was effected by employing both violence
even with lawful taking, then it is robbery. against or intimidation of persons and force upon the
Law on Arson 2. Unlawful taking complete from the moment the offender things, the latter will be absorbed by the former. Thus,
gains possession of the thing as to robbery with violence the proper crime to be charged is under Art 294, not Art
Robbery against or intimidation of persons. The thing must be 299.
taken out of the building as to robbery with force upon
6. RA 10883, the New Anti-Carnapping Act of 2016, which
293 Robbery, in general things. lapsed into law on July 17, 2016, is the law applicable
3. In order for the element of violence or intimidation to when property taken in robbery is a motor vehicle.
1) Elements of robbery in general
be appreciated, it must be present before the taking of
a) there be (1) personal property, (2) belonging to Robbery with violence against or intimidation of
personal property is complete. Except, when the violence 294
another; persons
results in (a) homicide, (b) rape, (c) intentional
b) there is (3) unlawful taking of that property; mutilation, (d) or serious physical injuries under pars 1 Par 1. Robbery with homicide
and 2.
c) such must be (4) with intent to gain; and 1) Robbery with homicide is taken in its generic sense

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 161 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

and absorbs all other crimes, i.e. serious physical unnecessary for the commission of the crime, or
1. YES. Jerrico is GUILTY of robbery with homicide.
injuries, contemporaneous thereto. If committed by
3) when in the course of its execution, the offender
a band, such becomes only a generic aggravating 2. The Rules of Court allows resort to circumstantial
shall have inflicted upon any person not responsible
circumstance. evidence provided the following conditions are
for its commission any of the physical injuries
satisfied, to wit:
2) One of the following must be proven that the covered by subdivisions 3 and 4 of Article 263.
homicide was committed: 2.1. there is more than one circumstance;
Par 5. Robbery with the use of violence and intimidation
a) to facilitate the robbery or escape of culprits; 2.2. the facts from which the inferences are
➔ Simple robbery.
derived are proven; and
b) to preserve the possession of the loot;
Robbery under subdivisions 3, 4, 5 of Art 294 qualified if
2.3. the combination of all the circumstances is
c) to prevent discovery; or committed in: such as to produce a conviction beyond
d) to eliminate witnesses or suppress evidence. a) an uninhabited place, or reasonable doubt.
Par 1. Robbery with rape b) by a band, or 2.4. Here, none of the prosecution witnesses
1) The intent to gain must precede the rape. testified having seen Jerrico killed and robbed
c) by attacking a moving train, street car, motor
vehicle, or airship, or Florante. Yet, the corpus of circumstantial
2) Committed when the robbery is accompanied by
evidence constitutes an unbroken chain of
rape. d) by entering the passengers' compartments in a events pointing to Jerrico's guilt.
3) The rape must be consummated. train, or
3.
Pars 2-3. Robbery with serious physical injuries e) on a street, road, highway, or alley, and with the use
of firearms. 3.1. First, Amalia saw a man wearing a white cap,
1) The injuries were inflicted in the course of the red and blue jacket, and with his face covered
robbery; and People v. Juada 2021 Lopez, M., J. with a blue handkerchief. The man shot
2) Inflicted upon those not responsible for the crime. Florante and took his bags containing money
In robbery with homicide, the presence of treachery in killing the
and gun.
Par 4. Robbery with unnecessary violence and intimidation victim is considered as a generic aggravating circumstance in
fixing the proper penalty and civil liability of the accused. 3.2. Second, Angel witnessed the man wearing the
1) If the violence or intimidation employed in the same set of clothes arrived in the carinderia
commission of the robbery WON Jerrico is guilty beyond reasonable doubt for the crime of where she was working.
2) shall have been carried to a degree clearly robbery with homicide.
3.3. Third, Angel discovered that the man left the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 162 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

white cap, the red and blue jacket, and the thereof, homicide was committed. corresponding penalty, without prejudice to the
blue handkerchief. Angel smelled blood on the criminal liability of illegal possession of such firearms.
6. All the elements are present in this case.
garments. 3) Any member present shall be punished as principal
7. There is treachery when the offender commits any of
3.4. Fourth, Angel identified the man as Jerrico of any of the assaults, unless it be shown that he
the crimes against persons, employing means,
through his previous booking sheet at the attempted to prevent the same.
methods, or forms in the execution thereof which
police station and in open court. tend directly and specifically to insure its execution, 4) A band member is liable for any assaults committed
3.5. Fifth, the police officers recognized that the without risk to himself arising from the defense when the following concur:
suspect used Marlon's motorcycle in which the offended party might make. a) He was a member;
committing the crime and recovered it
8. Here, the prosecution established that Jerrico shot b) Present at the commission of robbery;
together with Florante's bags at a trucking Florante on his temple without warning. People v.
site. c) Others committed the assault;
Escote, Jr. settled that treachery may be appreciated
3.6. Sixth, Marlon testified that Jerrico borrowed as a generic aggravating circumstance in robbery d) Did not attempt to prevent assault.
his motorcycle on the day of the incident. with homicide although it is classified as a crime
298 Robbery by execution of deeds
against property.
3.7. Seventh, Jerrico apologized to Marlon and
asked about the status of Florante's case. 9. The presence of treachery as a generic aggravating 1) Offender intends to defraud another;
circumstance would have merited the imposition of 2) Compels him to sign, execute, or deliver any public
4. To the unprejudiced mind, these proven facts, when
weaved together, lead to no other conclusion but of the death penalty. In view of RA No. 9346, however, instrument or document;
Jerrico's culpability for the crime. the Court is mandated to impose on Jerrico the
3) By means of violence or intimidation.
penalty of reclusion perpetua with qualification that
5. The special complex crime of robbery with homicide he is not eligible for parole. Robbery in an inhabited house, public building, or
has the following elements, to wit: 299
edifice devoted to public worship
296 Robbery by a band
5.1. the taking of personal property with violence
or intimidation against persons; Elements of subdivision A
1) At least four armed malefactors take part in
5.2. the property taken belongs to another; committing robbery. 1) Offender entered

5.3. the taking was done with animo lucrandi; and 2) When any of the arms used is unlicensed, the a) an inhabited place, or
penalty upon all robbers shall be the maximum b) public building, or
5.4. on the occasion of the robbery or by reason

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 163 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

not intended for egress;

c) edifice devoted to religious worship. 2. That the place be uninhabited, and committed by a
band must concur. b) a wall, roof, floor, or outside door or window
2) The entrance effected by:
was broken;
a) an opening not intended for entrance or 3. The inhabited house, public building, edifice for
egress; religions worship must be located in an c) false keys, picklocks, were used to effect
uninhabited place. entrance;
b) breaking any wall, roof, or floor or breaking
any door or window; 4. Art 299 is qualified when both circumstances d) a door, wardrobe, chest, was broken;
concur. In Robbery with violence against or
c) using false keys, picklocks or similar tools; e) a closed or sealed receptacle was removed,
intimidation of persons, either may qualify (Art and be broken open elsewhere.
d) using any fictitious name or pretending the 295).
exercise of public authority. 3) Personal property of another was taken with intent
What is an inhabited house and their dependencies to gain.
3) Once inside, takes personal property of another 1) Dependencies must be
with intent to gain. 304 Possession of picklocks or similar tools
a) Contiguous,
Elements of subdivision B
b) have an interior entrance connected therewith, 1) Offender has possession;
1) Offender is inside regardless of how he entered; and 2) Such are specially adapted to commit robbery; and
2) The unlawful taking done by c) form part of the whole. 3) Possession was unlawful.
a) breaking of doors, wardrobes, chests, or any 2) Orchards and lands used for cultivation, not
other kind of locked or sealed furniture or dependencies. False keys
receptacle; OR
1) (a) Art 304; (b) Genuine keys stolen from owner; (c) Any
Robbery in an uninhabited place or in a private
b) by taking such away to be broken or forced 302 keys.
building
open outside.
Brigandage
300 Robbery in an uninhabited place and by a band 1) Offender enters an uninhabited or a private
building. 306 Brigandage
1. Qualifies Art 299. Punished by the maximum
period of the penalty therefor. 2) Any was present: Exists when
a) entrance was effected through an opening 1) There are at least four armed men.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 164 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the local authorities or its owner.

2) Forming a band of robbers; 5) fish taken from fishpond or fishery;
3) Purpose is to 3) After having maliciously damaged the property of 6) on the occasion of fire, earthquake, typhoon,
another, remove or make use of the fruits or object volcanic eruption, or any other calamity, vehicular
a) commit robbery in the highway, of the damage caused by them.
accident, civil disturbance.
b) kidnap for ransom, or 4) Enter an enclosed estate or a field where trespass is
forbidden and without consent, hunt or fish upon
Qualified Theft
c) attain by means of force and violence any
other purpose. the same or gather fruits, cereals or other forest or 1. Penalty is two degrees higher.
farm products. 2. Grave abuse of confidence is a mere circumstance
307 Aiding and abetting brigands
Elements which aggravates and qualifies the crime. It is not
1) There is a band of brigands; necessary for said circumstance to be premeditated
1) Taking of personal property;
in order to be taken into consideration. Its presence
2) Offender knows;
2) belonging to another; in the commission of the crime is sufficient.
3) Does any:
3) done with intent to gain; 3. Theft by domestic servant always qualified. Not so
a) aids, abets, protects for housemate. Not for laborer.
4) without consent of owner;
b) gives info on police movement; 4. Theft by truck driver or by shepherd or by one who
5) be accomplished without violence against or,
c) acquires or receives property taken by such intimidation of persons, or force upon things. had access to the place where the stolen property is
brigands. kept is qualified theft.
310. Qualified Theft if
Theft
1) theft committed by a domestic servant; Usurpation
308 Theft
2) with grave abuse of confidence; 312 Occupation of real property
Who are liable for theft 3) property stolen is a Acts punished
1) With intent to gain, but without violence against or a) motor vehicle, 1) taking possession of any real property of another by
intimidation of persons nor force upon things, take,
b) mail matter, means of violence against or intimidation of
personal property, of another, without the latter's
persons.
consent. c) large cattle;
2) usurping any real rights in property belonging to
2) Having found lost property, fail to deliver same to 4) consists of coconuts taken from plantation;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 165 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

another by means of VAIP. success in a gambling game;

a) altering the substance, quantity, or quality of anything
Elements of value; c) removing, concealing, or destroying, in whole or in
part, any court record, office files, document, or any
1) takes possession of any real property or usurps any b) misappropriating or converting any personal
other papers.
real rights thereof; property received in trust, or denying to having
received same; Elements in general
2) belongs to another;
3) violence against or intimidation of persons is used; c) taking undue advantage of the signature in blank, 1) Accused defrauded another by
and by writing any document above such.
4) with intent to gain. a) abuse of confidence, or
(par 2) BY FALSE PRETENSES b) means of deceit; and
313 Altering boundaries or landmarks
a) using fictitious names, or falsely pretending to 2) Damage or prejudice capable of pecuniary estimation
1) There be boundary marks or monuments, or possess power, influence, qualifications, property, credit, caused upon injured party.
estates; agency, business or imaginary transactions, or by means
of other similar deceits. Elements of estafa with unfaithfulness (sub 1[a])
2) Offender alters same.
b) altering the quality, fineness or weight of anything 1) Offender has an onerous obligation to deliver
314 Fraudulent insolvency pertaining to his art or business. something of value;

c) pretending to have bribed any Government 2) He alters its substance, quality or quantity;
1) Offender is a debtor with due and demandable
obligation; employee. (maximum penalty) 3) Damage or prejudice is caused.
2) He absconds with his property; d) postdating or issuing a bouncing check.
Elements of estafa with abuse of confidence (sub 1[b])
3) To the prejudice of his creditors. e) obtaining any food or accommodation, or credit of
such. 1) Money, goods, or other personal property be received in
Swindling and Other Deceits trust, or on commission, or for administration, or under
(par 3) BY ANY OF THE FOLLOWING FRAUDULENT any other obligation involving the duty to make delivery
315 Swindling or Estafa MEANS of, or to return.
Fraud committed by these means: a) inducing another, by means of deceit, to sign a 2) Such has been misappropriated or converted;
document;
(par 1) WITH UNFAITHFULNESS OR ABUSE OF 3) To the prejudice of another;
CONFIDENCE b) resorting to some fraudulent practice to insure

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 166 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4) There is demand from offended party (not required 6. Estafa through falsification of public documents (FPD) Three (3) ways of committing Art 315 No. 2[a]
when there is evidence of misappropriation) is necessarily included in a charge of malversation
1) using fictitious name;
through FPD.
➔ Three (3) ways of committing 2) falsely pretending to possess: power, influence,
1) misappropriating or 7. Misappropriation of policeman of firearms received is: qualifications, property, credit, agency, business or
estafa, when it is not involved in the commission of a imaginary transactions; or
2) converting the thing received; or crime, and malversation, if it is involved.
3) denying that the thing was received. 3) through similar deceits.
Elements of estafa by taking undue advantage of the signature Elements of estafa by postdating a check or issuing a check in
1. Estafa by conversion. Pledging a thing which was
in blank (sub 1[c]) payment of an obligation. (No 2[d])
received only to be sold on commission. It presupposes
that the thing has been devoted to a purpose or use 1) The paper with the signature of the offended party 1) Offender postdated a check, or issued a check in
different from that agreed upon. be in blank; payment of an obligation;
2. Estafa by misappropriation. Appellant took the sum of 2) Offended party should have delivered it to the 2) Done when the offender had no funds in the bank,
P8.3K out of the funds of the Manila Railroad Company, offender; or his funds deposited therein were not sufficient to
replacing it with his personal check. He directed the 3) A document is written above the signature without cover the amount.
cashier to hold the check until end of month. He used authority;
the amount for his personal use. It was found out he Elements of estafa by inducing another to sign any document.
had insufficient funds to cover the check, though later, 4) Liability or damage is caused to another. (No 3[a])
he was able to replenish said account. He is still guilty
Elements of estafa by means of DECEIT (subs 2, 3) 1) Offender induced offended party to sign a
because the law does not distinguish between document;
permanent and temporary misappropriations. 1) There must be a false pretense, fraudulent act, or
fraudulent means; 2) Deceit be employed;
3. In estafa, damage to the offended party, not the gain of
the offender, is the important consideration. 2) Must be made prior to or simultaneously with the 3) Offended party personally signed;
commission of the fraud; 4) Prejudice be caused.
4. Demand is not legally required, but is necessary to
show circumstantial evidence of misappropriation after 3) Offended party relied on it, or was induced by it to There should be proof that defendant made statements
failing to account upon demand. part with his property. tending to mislead the complainant as to the character of
5. There is no estafa through negligence. 4) There is damage. the document executed by him.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 167 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

an agent through a check. The filter was not delivered,

Elements of estafa by removing, concealing, or destroying Par 3. By wrongfully taking by the owner his personal property
documents (No 3[c]) and found agent to be bogus. He called bank to suspend from its lawful possessor
payment. Thus, he could not dispose of the amount in
1) There be court record, office files, documents or any the check possessed by the accused bogus agent. 1) Offender is the owner of personal property;
other papers;
4. If a person procures a loan through a falsified public 2) It is in the lawful possession of another;
2) Offender removed, concealed or destroyed any of document, but settles said loan in due time, there is no 3) Offender wrongfully takes it from its lawful
them; estafa, only falsification. possessor;
3) With intent to defraud another. 5. There is a complex crime of theft and estafa. 4) Prejudice is caused upon the possessor or a third
Element of damage or prejudice may consist in: person.
316 Other forms of swindling
1) Offended party being deprived of his money or Par 4. By executing any fictitious contract to the prejudice of
property, as result of the defraudation; Par 1. By conveying, selling, encumbering, or mortgaging any another
real property, pretending to be the owner of the same.
2) Disturbance in property right; or Par 5. By accepting any compensation for services not rendered
1) Thing be immovable; or for labor not performed.
3) Temporary prejudice.
2) Offender falsely represents to be the owner; Par 6. By selling, mortgaging or encumbering real property or
NOTES RE ESTAFA 3) Executed an act of ownership; properties with which the offender guaranteed the
fulfillment of his obligation as surety.
1. Disturbance in property rights. Though the typewriter 4) To the prejudice of owner or a third person.
was later recovered after it was sold to another by 1) Offender is a surety in a bond;
Par 2. By disposing of real property as free from encumbrance,
accused, complainant suffered disturbance of his
although such be not recorded. 2) He guaranteed with his real property/ies;
property right over said typewriter.
1) Thing disposed is real property; 3) He encumbers said guaranty;
2. The basis of penalty is the amount or value
misappropriated and not delivered or returned before 2) Offender knew of the encumbrance, recorded or 4) Such encumbrance is
the institution of criminal action. Payment subsequent not. a) without express authority from court,
to the commission of estafa does not distinguish the 3) There is express representation that the property is b) made before the cancellation of his bond,
criminal liability. free from any encumbrance; OR
3. Temporary prejudice. Complainant bought a filter from 4) There is damage to another. c) before being relieved from the bond.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 168 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Robbery with Rape is penalized under Article 294 of the under Article 294, Paragraph 1 of the RPC and of Grave
There must be damage caused under Art 316.
RPC. The following elements must concur: Threats under Article 282 of the RPC.
317 Swindling a minor
1. the taking of personal property is committed with
1) Offender takes advantage of the inexperience, violence or intimidation against persons;
Homol v. People 2022 Lopez, M., J.
emotions, or feelings of a minor; 2. the property taken belongs to another;
2) Induces such minor Grave abuse of confidence aggravates and qualifies the crime of
3. the taking is characterized by intent to gain or
theft. When the gravity of exploitation of trust is not proven, the
a) to assume an obligation, animus lucrandi; and
crime is only simple theft and the abuse of confidence shall be
b) to give release, OR 4. the Robbery is accompanied by Rape. treated as a generic aggravating circumstance.
c) to execute a transfer of any property right; It contemplates a situation where the original intent of
WON Arlene is guilty of Estafa.
the accused was to take, with intent to gain, personal
3) Consideration be 1. NO. Arlene is instead guilty of simple theft.
property belonging to another and Rape is committed on
a) some loan of money, the occasion thereof or as an accompanying crime. 2. It is fundamental that every element of the crime
b) credit, OR The prosecution sufficiently established the elements of must be set out in the Information to avoid surprise
the crime of Robbery with Rape on the part of the accused and to afford them the
c) other personal property;
opportunity to suitably prepare their defense.
4) To the detriment of the minor. As regards the charge of Grave Threats, the crime was
consummated as soon as the victim heard Bueza utter his 3. Here, the charge against Arlene is designated in the
318 Other deceits threatening remarks. Article 282 of the RPC holds liable Information as qualified theft. Yet, the CA and the
for Grave Threats any person who shall threaten another RTC convicted Arlene of estafa involving
1) Defrauding or damaging another by any other unfaithfulness or abuse of confidence.
with the infliction upon the person, honor, or property of
deceit not mentioned in the preceding articles.
the latter or of his family of any wrong amounting to a 4. Theft is distinguished from estafa by the manner in
2) Interpreting dreams, by making forecasts, telling crime. It was inconsequential that the threat was made in which the offender in each case acquires possession
fortunes, or by taking advantage of the credulity of the presence of a number of people since the offense does of the property. The thief takes the item without the
the public in any other similar manner, for profit or not require that it be committed in private. owner's consent. The estafador receives the thing
gain. and converts it to their own use or benefit.
Pursuant to the ruling in People v. Tulagan, Bueza is to be
held criminally liable for Robbery with Rape defined 5. The misappropriation constitutes theft if the
People v. Bueza 2020

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 169 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

accused was entrusted only with the material or cannot be considered as an agent if the duty to exists only when the offended party has trusted the
physical (natural) or de facto possession of the collect is imposed by reason of his employment. offender who later abuses such trust by committing
thing. Whereas, the conversion constitutes the crime. The abuse of confidence must be a means
9. The Information alleged all the constitutive
embezzlement or estafa if the accused has the elements of qualified theft. However, the of facilitating the commission of the crime, the
juridical possession of the thing. prosecution proved only simple theft absent culprit taking advantage of the offended party's
belief that the former would not abuse said
6. Here, the prosecution failed to recite in the evidence that the abuse of confidence is grave.
Information facts constitutive of estafa. It is an confidence.
10. Grave abuse of confidence by a thieving employee
essential element of the crime of estafa that the should be contextualized not only by the 15. Arlene took advantage of her position as a secretary
money or goods misappropriated or converted by relationship between the employer and employee, or collector in committing theft but the gravity of
the accused to the prejudice of another was received but also by the purpose for which the employee was exploitation of trust was not proven.
by him "in trust, or on commission, or for given the employer's trust.
administration, or under any other obligation
involving the duty to deliver, or to return, the same." 11. In People v. Sabado, the accused is guilty of Chua v. Secretary of Justice 2022
qualified theft when he gravely exploited the trust of
7. Here, the Information is silent whether Arlene his employer. The Court considered the accused's The SOJ did not commit grave abuse of discretion in
received the money in a fiduciary capacity, or under exclusive management of the shop and access to the ordering the filing of four counts of Estafa under the
an obligation to return the same. The phrase in the vault. RPC, in relation to the Trust Receipts Law, against
Information that Arlene "ought to remit" the money petitioners.
is insufficient absent the allegation that this duty is 12. Here, it was not proven that Dr. Robillos had special
trust, or high degree of confidence in Arlene. The Section 4 of the Trust Receipts Law defines a trust receipt
rooted in transactions where she acquired juridical
allegation in the Information that Arlene is a transaction as
possession of the thing. In contrast, the
Information alleged that Arlene received the money "secretary/collector" of Dr. Robillos does not by 1. any transaction by and between an entruster and
as a mere collector. itself, without more, create the relation of an entrustee,
confidence and intimacy required in qualified theft.
8. Arlene acquires only physical or material possession 2. where the entrustor transfers possession
over the unremitted funds. Verily, an employee who 13. At most, the abuse of confidence shall be considered
3. of specific goods, among others, to which he or
receives money or property in behalf of the as a generic aggravating circumstance since the
she has ownership or absolute title thereto,
employer is not vested with juridical possession but gravity of exploitation of trust was not proven.
4. to the entrustee upon the latter's execution and
only physical or material possession. An employee 14. Under Article 14 of the RPC, abuse of confidence
delivery of a document called a trust receipt.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 170 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

deploy them to Japan as factory workers, even if she did flight was cancelled since there was a strike due to Swiss
If the goods are not sold or otherwise disposed, the
entrustee shall return the goods themselves. The law not have the authority or license for the purpose. All the Air's bankruptcy.
punishes the trustee's failure to turn over the proceeds of victims suffered damages in the amount of P40.5K each
It is also not established from the records if Horca took or
the sale of the goods covered, or to return the goods as the promised employment abroad never materialized. received the money after Swiss Air reimbursed the
themselves if not sold. amount to the travel agency. Per Horca's account, when
the flight was cancelled, Swiss Air refunded the money to
Under Section 13 of the law, such failure shall constitute Horca v. People 2021
the crime of Estafa under Art 315, par 1 (b) of the RPC. The Expert Travel and not to her.
offense of violation of the Trust Receipts Law is malum Under Article 308 of the RPC, the crime of theft is However, her acquittal does not necessarily amount to
prohibitum: mere failure to turn over the proceeds of the committed when the following elements concur: her absolution from civil liability. The fact remains that
sale, or to return the goods themselves if not sold, 1. that there be taking of personal property; Sister Reynolds and her congregation was prejudiced
amounts to the violation. when they paid for the tickets but did not get reimbursed
2. that said property belongs to another;
when the flight was cancelled.
Here, there is probable cause to hold petitioners liable for
3. that the taking be done with intent to gain;
violating the Trust Receipts Law since they failed to turn While the Court acquits petitioner because reasonable
over the proceeds of the sale of goods or return the goods 4. that the taking be done without the consent of the doubt exists anent her guilt, Horca is adjudged to be
themselves. owner; and civilly accountable considering that preponderant
5. the taking be accomplished without the use of evidence exists to establish her liability.
In sum, the SOJ did not err or gravely abuse her
discretion in finding probable cause to charge petitioners violence, intimidation, or force upon persons or
with Estafa in relation to the Trust Receipts Law. things.
Sps Dulay III v. People 2021
Here, the prosecution failed to sufficiently prove the
crucial element of taking with intent to gain. Doctrinal Rule
People v. Liwanag 2022
The records show that Horca actually used the money Deceit is defined as the false representation of a matter of fact
covered by the checks for its intended purpose, i.e., to whether by words or conduct, by false or misleading allegations,
Case law holds that the same pieces of evidence that
establish liability for Illegal Recruitment in Large Scale purchase the airline tickets, albeit only four were initially or by concealment of that which should have been disclosed
confirm culpability for Estafa. delivered. Horca explained that while she was able to buy which deceives or is intended to deceive another so that he shall
the tickets for the Sisters of Providence, the remaining 15 act upon it to his legal injury.
Here, Liwanag defrauded the four private complainants
tickets were not delivered to Sister Reynolds because the Petitioners are not the owners of the subject property yet
by making them believe that she has the capacity to

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 171 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

they brazenly sold the property to Sps Dulos. registered owners Isidro and Virginia Dulay indicated in
the title. This is precisely the crux of their deceit.
The elements of Estafa by means of deceit as defined People v. Manalang 2021
under Article 315(2)(a) of the RPC are present in this case.
Here, the elements of deceit and damage are present.
1. First, petitioners made false pretenses and Barlin v. People 2021 Manalang, without any license or authority to do so,
fraudulent misrepresentations to complainants: promised private complainants overseas employment,
Here, petitioner received merchandise from Gacayan as then required them to undergo training and collected
1.1. that they owned the subject property
evidenced by TRAs 0081 and 0083 signed and executed by fees or payments from them, while continually assuring
which they could sell;
petitioner. However, contrary to the ruling of the lower them that they would be deployed abroad, but failed to do
1.2. that they are processing the reconstitution courts, petitioner could not be held liable for the other so. Her representation induced the victims to part with
of the title; TRAs as they were not signed by petitioner but either by their money, resulting in damage.
1.3. that they are the Isidro and Virginia Dulay; Castillo or Vargal.
Jurisprudence is settled that a person, for the same acts,
1.4. that Virginia and Elena are one and the As to TRAs 0081 and 0083, the documents clearly stated may be convicted separately for Illegal Recruitment under
same person; among others that petitioner received in trust the merchandise from RA 8042 (or the Labor Code), and Estafa under Article
Gacayan. Contrary to petitioner's contention, she entered 315(2)(a) of the RPC.
2. The remaining elements of the offense are into a trust receipt agreement with Gacayan and not a
likewise present. barter or exchange.
2.1. Petitioners' false pretense of ownership Petitioner failed to turn over the proceeds of the sale of Arriola v. People 2020
which could transfer valid title to the the products she procured from Gacayan under TRAs
subject property, was committed prior to Assessed with other established circumstances, Arriola's
0081 and 0083 upon the latter's demand. Petitioner's
and simultaneous with the commission of fraud is evident. Arriola had not been authorized to sell
misappropriation or conversion of the proceeds of the
the fraud. Candelaria's land. Despite full knowledge of such fact,
sale of Gacayan's products caused damage to the latter in
Arriola still proceeded to represent himself as a duly
2.2. Private complainants' reliance on this false the total amount of P8,275. Gacayan demanded payment
authorized seller of the said lot.
pretense induced and impelled them to from petitioner under TRAs 0081 and 0083 which went
purchase the subject property and pay the unheeded. Case law instructs that the gravamen of the crime of
total amount of P707K. Estafa is the employment of fraud or deceit to the
Thus, the prosecution had proved petitioner's guilt
damage or prejudice of another. Clearly, Arriola's
Petitioners were aware of the falsity of their beyond reasonable doubt for the crime of estafa.
actuations toward Del Rosario fit this description. The
representation to complainants that they are the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 172 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

return by the accused of money belonging to the private is inhabited or not.

4) Causing damage to property of the National
complainant will not reverse a consummated act of
3) Train, ship, vessel, airship, plane; Museum, Library, or to any archive or registry,
Estafa. Such action may even uphold a conviction. waterworks, road, promenade, or any other thing
4) Building, factory, warehouses, devoted to the
Section 27, Rule 130 states that in criminal cases, except service of public utilities;
used in common by the public.
those involving quasi-offenses or criminal negligence or
5) Any building burnt to conceal evidence of another 332 Persons exempt from criminal liability
those allowed by law to be compromised, an offer of
compromise by the accused may be received in evidence violation of law, to conceal bankruptcy or
Crimes involved
as an implied admission of guilt. defrauding creditors or to collect from insurance.
a) Theft;
Arriola's initial attempts to reimburse Del Rosario 6) Arsenal, shipyard, storehouse, military power or
fireworks factory, ordinance, storehouse, archives, b) Estafa;
through checks, coupled with the actual return of the
latter's money after the RTC issued its judgment of general museum of the Government; c) Malicious mischief.
conviction, may all be considered as unequivocal gestures 7) In an inhabited place, any storehouse or factory of Persons exempted
to compromise and which can be measured against inflammable or explosive materials.
a) Spouses, ascendants, descendants, or relatives by
Arriola as his implied admission of guilt.
affinity in the same line;
Malicious Mischief
Arson b) Widowed spouse with respect to the property which
327 Malicious mischief belonged to the deceased spouse before the same
320 Destructive Arson passed into the possession of another.
1) Offender deliberately caused damage to the
Penalty of RP to Death to any person who burns the following property of another; c) Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
1) One or more buildings, consequent to 1 single act of 2) Such act does not constitute arson;
burning, or as a result of simultaneous burnings or
3) Be done merely for the sake of damaging it. Grana v. People 2019
committed on several or different occasions.
328. Special cases or Qualified malicious mischief
2) Any building of public or private ownership where The elements of Malicious Mischief have been duly
people usually congregate, regardless of whether 1) To obstruct performance of public function. proven in this case, viz.:
offender knows that there are persons in said 2) Using any poisonous or corrosive substance; 1. Petitioners admitted in their "kontra salaysay"
building at the time it is set on fire, and whether it that Teofilo deliberately destroyed the fence and
3) Spreading any infection or contagion among cattle.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 173 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

its cement foundation, and made diggings in the viciousness when compared to those acts punished under
Abayon is charged with the crime of arson because his
subject property; Article 320 of the RPC. The established evidence only intent was merely to destroy his family's apartment
showed that the appellant intended to burn his own house, but
2. The destruction did not constitute arson or other through the use of fire. The resulting deaths that
crime involving destruction; and the conflagration spread to the neighboring houses. occurred, therefore, should be absorbed by the crime of
arson and only increases the imposable penalty to
3. The act of damaging another's property was
committed merely for the sake of damaging it. reclusion perpetua to death.
People v. Abayon 2016
Under the third element, assuming that petitioner Teofilo There is no complex crime of arson with (multiple)
owned the property in controversy, he and his co-accused homicide. Batac v. People 2018
were not justified in summarily destroying the re Estafa through false checks vis-a-vis BP 22
In cases where both burning and death occur, it is de
improvements built thereon by Bolbes. Petitioners'
rigueur to ascertain the main objective of the malefactor: The CA affirmed the decision of the RTC finding Batac
actions were made out of hatred, revenge or evil motive.
guilty beyond reasonable doubt of Estafa defined under
a) if the main objective is the burning of the building
The value of the damage cause to private complainant by Article 315, paragraph 2(d) committed against Frias.
or edifice, but death results by reason or on the
petitioners is only P7.5K. Consequently, pursuant to Jurisprudence has consistently held that such estafa
occasion of arson, the crime is simply arson, and
Article 329 of the RPC, as amended by R.A. 10951, consists of the following elements:
petitioners' original sentence of a straight penalty of the resulting homicide is absorbed;
1) the offender has postdated or issued a check in
imprisonment of four (4) months should be reduced to b) if, on the other hand, the main objective is to kill a
payment of an obligation contracted at the time of
arresto menor or imprisonment of one (1) day to thirty particular person who may be in a building or
the postdating or issuance;
(30) days. edifice, when fire is resorted to as the means to
accomplish such goal the crime committed is 2) at the time of postdating or issuance of said
murder only; lastly, check, the offender has no funds in the bank or
People v. Macabando 2013 insufficient; and
c) if the objective is, likewise, to kill a particular
The Information alleged that the appellant set fire to his person, and in fact the offender has already done 3) the payee has been defrauded.
own house, and that the fire spread to other inhabited so, but fire is resorted to as a means to cover up In People v. Reyes, the Court ruled that for estafa under
houses. That the appellant’s act affected many families the killing, then there are two separate and the above provision to prosper, the issuance of the check
will not convert the crime to destructive arson, since the distinct crimes committed — homicide/murder must have been the inducement for the other party to
appellant’s act does not appear to be heinous or and arson. part with his money or property.
represents a greater degree of perversity and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 174 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

not only limited to the actual finder of the lost property

The prosecution sufficiently demonstrated Batac's deceit A "finder" under Article 308, par. 2(1) of the RPC is not only
when it established that the latter induced Frias into limited to the actual finder of the lost property since the gist of the since the gist of the offense is the furtive taking and
buying the checks at a rediscounted rate by representing offense is the furtive taking and misappropriation of the property misappropriation of the property found.
to him that she had enough funds in her account to cover found. Instead of returning the money, Pante convinced his
them. co-accused minors not to return the money and to divide
Pante is guilt beyond reasonable doubt of the crime of
it among themselves. The rationale for the "finder in law"
Deceit and damage are essential elements in Article 315 Theft. Under Article 308, par. 2 (1) of the RPC, Theft is also
(2-d), but are not required in BP 22. Other differences committed by one's failure to deliver lost property to its concept is precisely to protect the owner of the lost
between the two also include the following: owner or local authorities. Here, it is essential to prove: property in the event the lost property is transferred from
one individual to another and to prevent the "finder in
1) a drawer of a dishonored check may be convicted 1. the finding of lost property; law" from escaping liability by claiming that he was not
under BP 22 even if he had issued the same for a the actual finder thereof but was merely entrusted
2. the failure of the finder to deliver the same to the
preexisting obligation, while under Article 315 local authorities or its owner. custody thereof by someone who had no intention to
(2-d), such circumstance negates criminal appropriate the same.
liability; Here, it was proven that Word lost his bundled money
after alighting from his car in front of his residence and Thus, petitioner guilty beyond reasonable doubt of the
2) specific and different penalties are imposed in forgetting that he had placed them in between his legs. crime of Theft.
each of the two offenses; All three accused admitted that it was the accused-minor
3) estafa is essentially a crime against property, who found the bundle of money in front of the bakery,
while violation of BP 22 is principally a crime which they later divided among themselves. Albotra v. People 2020
against public interest as it does injury to the
Despite knowing that the money did not rightfully belong Here, the prosecution satisfactorily proved that Albotra
entire banking system; to them, Pante encouraged the two minor accused to took the bag belonging to Ramos without the latter's
4) violations of Article 315 are mala in se, while those keep the money for themselves. He also appropriated the consent and with intent to gain.
of BP 22 are mala prohibita. money for himself by buying various items.
Both the RTC and CA found that Ramos convincingly
The question of whether criminal appropriation of found testified that he saw Albotra enter Diego's house, grab his
property can be committed by a person other than the bag, and hurriedly leave with said bag. Diego and
Pante v. People 2021 one by whom the property is first found has been Mercado, both of whom witnessed the incident,
Doctrinal Rule discussed and answered in the affirmative in People v. corroborated Ramos' testimony.
Avila. A "finder" under Article 308, par. 2(1) of the RPC is

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 175 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

deliberately executed scheme to commit the theft. a Toyota car.

The alleged police operation against Illegal Gambling was
not satisfactorily established and could not stand against Grave abuse of confidence, as an element of Qualified Theft, On the fourth element, Dueñas' intent to gain is
the prosecution's evidence. While Albotra claims that he “must be the result of the relation by reason of presumed from his act of taking the proceeds of the sale
filed a case for illegal gambling against a person but the dependence, guardianship, or vigilance, between the of the Honda Civic and his failure to turn over the same
same was dismissed, no proof was adduced in this appellant and the offended party that might create a high to Automall without the latter's consent.
regard. Moreover, he did not produce the bag and masiao degree of confidence between them which the appellant
On the fifth element, Dueñas was able to obtain the same
tips he allegedly confiscated from Quintin, which are the abused.” without the use of violence or intimidation against
corpus delicti of the crime committed by Quintin. person, or force upon things.
On the sixth element, Dueñas was the sales and trade-in
Dueñas, Jr. v. People 2023
People v. Cahilig 2014 manager of Automall, which is involved in selling
re Qualified Theft Dueñas, as Automall's Sales Manager, has the authority to imported and secondhand cars. Specifically, he was
sell traded­ in cars, specifically, the Honda Civic; thus, as entrusted with the appraisal of the cars that are intended
The elements of Qualified Theft, committed with grave
pointed out by the CA, the recitals in the Information to be traded in with Honda Makati, and its subsequent
abuse of confidence, are as follows:
show that the subject of Dueñas' indictment for Qualified sale to the secondhand market.
1. Taking of personal property; Theft were the proceeds of the sale of said motor vehicle, and
2. That the said property belongs to another; not the Honda Civic itself. Since Dueñas was accused of
the unlawful taking of said proceeds and not the Honda Brokmann v. People 2012
3. That the said taking be done with intent to gain; Civic itself, the CA correctly considered Dueñas'
Brokmann was convicted of the crime of estafa, under
4. That it be done without the owner’s consent; indictment as one for Qualified Theft, rather than for
Art 315, par 1(b). The offense of estafa, in general, is
Carnapping.
5. That it be accomplished without the use of committed either by
violence or intimidation against persons, nor of The prosecution was able to prove all the elements for
a) abuse of confidence (Par 1) or
force upon things; Qualified Theft.
b) means of deceit (Par 2).
6. That it be done with grave abuse of confidence. On the first and second elements. — Dueñas took and
received the proceeds of the sale but did not turn over the Deceit is not an essential requisite of estafa by abuse of
Cahilig took money from WPESLAI and its depositors by
same to Automall. confidence; the breach of confidence takes the place of
taking advantage of her position as cashier. Her intent to
fraud or deceit, which is a usual element in the other
gain is clear in the use of a carefully planned and On the third element, he instead used the proceeds to buy
estafas. In this case, the charge against the petitioner and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 176 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

her subsequent conviction was for estafa committed by Under the facts proven, appellant is guilty of the crime of
Finally, this wrongful encashment prejudiced KN
abuse of confidence. Thus, it was not necessary for the Inc., which lost the proceeds of the check. theft. It is true that the machines specified in the
prosecution to prove deceit as this was not an element of information were delivered to him by his prospective
the estafa that the petitioner was charged with. Thus, the Information in this case may be interpreted as customers, but the physical possession thus secured by
charging the accused with both estafa under paragraph him did not vest in him the juridical possession necessary
1(b) and estafa under paragraph 2(a). for the crime of estafa.
Espino v. People 2013
Although appellant had taken advantage of his position in
The crime charged was estafa under Art 315, par 1(b). Guzman v. CA committing the crime aforementioned, We do not believe
However, the crime the accused was convicted of was he had acted with grave abuse of confidence and can be
estafa under par 2(a). As appellant converted to his own use proceeds of sales of
convicted of qua­lified theft, because his employer had
merchandise delivered to him as agent, which he received
Estafa under paragraph 2(a) is swindling by means of never given him the posses­sion of the machines involved
in trust for and under obligation to deliver and turn over
in the present case or allowed him to take hold of them,
false pretense. In this case, there was no use of a to his principal, he is guilty of the crime of estafa as
and it does not appear that the former had any special
fictitious name, or a false pretense of power, influence, defined by Article 315, paragraph 1, subparagraph (e). The
confidence in him.
qualifications, property, credit, agency, or business. The next question is whether the present information for qualified
Court deems it wiser to give the offense its true, formal theft alleges sufficient facts to sustain a conviction for estafa.
name – that of estafa through abuse of confidence People v. Nery
An essential element of the crime of estafa is that the
under paragraph 1(b).
money or goods misappropriated or converted by the The accused in the present case insists that there is no
First, personal property in the form of the checks was accused to the prejudice of another was received by him prohibition in our law to prevent the parties to a contract
received by the offender in trust or on commission, "in trust or on commission, or for administration, or
to novate it so that any incipient criminal liability
with the duty to deliver it to Mr. Banaag. under any other obligation involving the duty to make
under the first is thereby avoided. The novation theory
Second, the accused rediscounted the checks to his delivery of, or to retain the same". No such allegation
may perhaps apply prior to the filing of the criminal
aunt-in-law. appears in the above information. Consequently, we
information in court by the state prosecutors. But after
agree with appellant that he can not be convicted
Third, this rediscounting resulted in the wrongful the justice authorities have taken cognizance of the crime
thereunder of the crime of estafa.
encashment of the checks by someone who was not and instituted action in court, the offended party may no
the payee and therefore not lawfully authorized to do longer divest the prosecution of its power to exact the
so. People v. Maglaya criminal liability, as distinguished from the civil. The

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 177 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

crime being an offense against the state, only the latter the RPC for the crime of estafa. People v. Domasig 2018
can renounce it. re Robbery with homicide
The appellant’s act of falsely pretending to possess power
and qualifications to deploy the complainants to A conviction of robbery with homicide requires certitude
Hongkong, even if he did not have the authority or license that the robbery is the main purpose, and the objective of
Lito Corpuz v. People 2014 En Banc
for the purpose, undoubtedly constitutes estafa under the malefactor and the killing is merely incidental to the
No specific type of proof is required to show that there Article 315(2)(a). The elements of deceit and damage are robbery. The intent to rob must precede the taking of
was demand. Demand need not even be formal; it may be clearly present; the appellant’s false pretenses were the human life but the killing may occur before, during or
verbal. The specific word “demand” need not even be used very cause that induced the complainants to part with after the robbery. What is crucial for a conviction for the
to show that it has indeed been made upon the person their money. crime of robbery with homicide is for the prosecution to firmly
charged, since even a mere query as to the whereabouts establish the offender's intent to take personal property
of the money [in this case, property], would be before the killing, regardless of the time when the
tantamount to a demand. Ablaza v. People 2018 homicide is actually carried out.
re Robbery
The prosecution was able to prove the existence of all the
elements of the Estafa under Article 315 par(1)(b). Private Paragraphs one to four of Article 294 indisputably involve
the use of violence against persons. The actual physical People v. Layug 2017
complainant gave petitioner the pieces of jewelry in trust, re Robbery with homicide
or on commission basis with an obligation to sell or force inflicted results in death, rape, mutilation or the
return the same within sixty (60) days, if unsold. There physical injuries therein enumerated. The simple robbery It is immaterial that the death would supervene by mere
was misappropriation when petitioner failed to remit the under paragraph five may cover physical injuries not accident; or that the victim of homicide is other than the
proceeds of those pieces of jewelry sold, or if no sale took included in paragraphs two to four. Thus, when less serious victim of robbery, or that two or more persons are killed
place, failed to return the same pieces of jewelry within or or slight physical injuries are inflicted upon the offended party or that aside from the homicide, rape, intentional
after the agreed period despite demand from the private on the occasion of a robbery, the accused may be prosecuted for mutilation, or usurpation of authority, is committed by
complainant, to the prejudice of the latter. and convicted of robbery under paragraph five. It seems reason or on the occasion of the crime. Likewise
obvious that intimidation is not encompassed under immaterial is the fact that the victim of homicide is one
paragraphs one to four since no actual physical violence is of the robbers; the felony would still be robbery with
People v. Fernandez 2014 inflicted; evidently then, it can only fall under paragraph homicide. Once a homicide is committed by or on the
five. occasion of the robbery, the felony committed is robbery
We point out that conviction under the Labor Code for
with homicide. All the felonies committed by reason of
illegal recruitment does not preclude punishment under
or on the occasion of the robbery are integrated into one

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 178 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

and indivisible felony of robbery with homicide. The subject of asportation. Thus, actual gain is irrelevant as misappropriation arises when the accused fails to deliver
word "homicide" is used in its generic sense. Homicide, the important consideration is the intent to gain. the proceeds of the sale or to return the items to be sold
thus, includes murder, parricide, and infanticide. and fails to give an account of their whereabouts.
The value of personal property in qualified theft must be
proven during trial. Since the penalty in cases of theft is
dependent on the value of stolen personal properties, it is
People v. Labuguen 2020 People v. Baladjay 2017 re Syndicated Estafa
critical to ensure that the penalty is based on the value
Robbery with homicide exists when a homicide is proven during trial, and not merely on the Information or Clearly, all the elements of Syndicated Estafa obtain in
committed either by reason, or on occasion, of the uncorroborated testimonies presented by the this case, considering that:
robbery. prosecution. a) more than five (5) persons are involved in
A conviction needs certainty that the robbery is the Multitel's grand fraudulent scheme, including
central purpose and objective of the malefactor and the Baladjay and her co-accused - who employed
Cheng v. People 2016 deceit, false pretenses and representations to the
killing is merely incidental to the robbery. The intent to re Estafa by misappropriation or conversion
rob must precede the taking of human life but the killing private complainants regarding a supposed
may occur before, during or after the robbery. Jewelries were delivered to the accused by the owner for lucrative investment opportunity with Multitel in
her to sell them and remit the proceeds to the latter. The order to solicit money from them;
However, the offense should have been designated as
accused failed to remit the proceeds to the owner. Instead
robbery with homicide alone, regardless of the number of b) the said false pretenses and representations were
she issued her checks to pay for the jewelries but the
homicides or injuries committed. These other felonies made prior to or simultaneous with the
checks bounced upon being presented for payment in the
have, at the most and under appropriate circumstances, commission of fraud;
bank. Is the accused liable for estafa?
been considered merely as generic aggravating c) relying on the false promises and
circumstances which can be offset by mitigating YES. The essence of this kind of Estafa is the
misrepresentations thus employed, private
circumstances. appropriation or conversion of money or property
complainants invested their hard-earned money
received to the prejudice of the entity to whom a return
in Multitel; and
should be made. To misappropriate for one's own use
includes not only conversion to one's personal advantage, d) Baladjay and her co-accused defrauded the
People v. Mejares 2018 re Theft
but also every attempt to dispose of the property of private complainants, obviously to the latter's
The SC has been consistent in holding that intent to gain another without right. In proving the element of prejudice.
or animus lucrandi is an internal act that is presumed conversion or misappropriation, a legal presumption of
from the unlawful taking by the offender of the thing

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 179 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Debuque v. Nilson 2021 then it may only be classified as civil fraud from which an 1. A crime of robbery or theft has been committed;
action for damages may arise.
Here, there is NO existing syndicate in which Ramon and 2. The accused, who is NOT a principal or accomplice
the other accused had any participation. Atty. Debuque in the commission of the crime of robbery or theft,
acted on his own, without the participation or buys, receives, possesses, keeps, acquires, conceals,
involvement of Ramon or the other accused. It was not Anti-Fencing Law of 1979 sells or disposes, or buys and sells, or in any manner
1
shown that Ramon performed any overt act in P.D. No. 1612, Secs. 2 and 5-6 deals in any article, item, object or anything of value,
consonance with Atty. Debuque's intent to defraud which has been derived from the proceeds of the
1) Fencing is the act of any person who,
Nilson. said crime;
a) with intent to gain for himself or for another,
The DOJ Secretary, in his August 23, 2007 Resolution, 3. The accused knows or should have known that the
correctly found probable cause for Estafa only against b) shall buy, receive, possess, keep, acquire, said article, item, object has been derived from the
him. However, as stated, this criminal case for Estafa conceal, sell or dispose of, or shall buy and proceeds of the crime of robbery or theft; and
may not be initiated anymore due to his death. sell, or in any other manner deal in any
4. There is on the part of the accused, intent to gain for
article, item, object or anything of value
himself or for another.
c) which he knows, or should be known to him,
People v. Aquino 2018 re Civil Fraud Presumption of Fencing
d) to have been derived from the proceeds of
Not all proposals to invest in certain business ventures Mere possession of any good, article, item, object, or
the crime of robbery or theft.
are tainted with fraud. To be sure, an actionable fraud anything of value which has been the subject of robbery
2) Fence includes any person, firm, association or thievery shall be prima facie evidence of fencing.
arises when the accused has knowledge that the venture
corporation or partnership or other organization
proposed would not reasonably yield the promised
who/which commits the act of fencing. Exception
results, and yet, despite such knowledge, deliberately
continues with the misrepresentation. 3) Liability of Officials of Juridical Persons. — If the fence
With Clearance or Permit to Sell
is a partnership, firm, corporation or association,
As case law instructs, "the gravamen of the crime of The clearance stated in Sec. 6 of PD 1612 is only required if
the president or the manager or any officer thereof
Estafa is the employment of fraud or deceit to the several conditions are met:
who knows or should have known the commission of
damage or prejudice of another. When fraud pertains to
the offense shall be liable. 1. first, that the person, store, establishment or entity
the means of committing a crime or the classes of crimes
is in the business of buying and selling of any good,
under Estafa; otherwise, if fraud merely causes loss or Elements article, item, object, or anything of value;
injury to another, without being an element of a crime,
(based from the 2016 case of Lim v. People)

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 180 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

2. second, that such thing of value was obtained from his experience from the business would have given him operate.
an unlicensed dealer or supplier thereof; and doubt as to the legitimate ownership or source thereof.
Further, the prosecution failed to prove the remaining
3. third, that such thing of value is to be offered for sale Finally, fencing is malum prohibitum. The law does not elements of fencing. Hence, the acquittal of petitioner is
to the public. require proof of purchase of the stolen articles, as mere in order.
possession thereof is enough to give rise to a
Masil v. People 2022 presumption of fencing.
The prosecution established the requisite quantum of Dimat v. People 2012
evidence in proving beyond reasonable doubt all the Dimat was found guilty of violating the Anti-Fencing Law
elements of the offense of Fencing. Lopez y Anatacio v. People 2021
for selling to Sonia Delgado for gain the Nissan Safari
First, the jeepney vehicle owned by Nimfa's sister was Can a disputable presumption be the sole basis, the corner stone, that was earlier carnapped from Mantequilla.
stolen by its driver who, in a separate case, was convicted of a conviction beyond reasonable doubt for the crime of fencing?
Dimat claims lack of criminal intent as his main defense.
of Qualified Theft. Later, the police officers saw the lost Without proper factual foundation, the presumption of But PD 1612 is a special law and, therefore, its violation is
jeepney being dismantled or cannibalized by petitioner's fencing must be upended in favor of the presumption of regarded as malum prohibitum, requiring no proof of
co-accused, Wilfredo. Through the confession of innocence enjoyed by the accused. criminal intent. Dimat knew that the Nissan Safari he
Wilfredo, the police officers went to the junk shop of No prima facie evidence or case shall arise in the absence bought was not properly documented. He said that
petitioner where they saw and recovered some of the of the required facts on which the same must operate. Tolentino showed him its old certificate of registration
dismantled parts of the jeepney. The prosecution cannot, and should not, merely depend and official receipt. But this certainly could not be true
Second, petitioner never denied the fact that the missing on the operation of the presumption of fencing to because, the vehicle having been carnapped, Tolentino
parts of the lost jeepney were recovered from his junk establish moral certainty for convicting the accused. had no documents to show.
shop. Here, the prosecution has failed to establish beyond
Third, circumstances exist to forewarn a reasonable reasonable doubt the identity of the bicycle in issue. The
Lim v. People 2016
vigilant buyer that the object of the sale may have been evidence at hand did not establish that the bicycle given
derived from the proceeds of robbery or theft. by petitioner to Magno is the same bicycle stolen from The prosecution failed to establish that theft had been
Lamentably for petitioner, he failed to adduce evidence Mendoza. Without establishing beyond reasonable doubt committed. While the CA correctly ruled that conviction
that in buying from Wilfredo, he asked for any proof of that the item which has been the subject of theft is the of the principal in the crime of theft is not necessary for
ownership of the jeepney parts. Had petitioner done so, same object in the possession of petitioner, the an accused to be found guilty of the crime of fencing, we
presumption under Section 5 of PD 1612 would not disagree with its ruling that the prosecution sufficiently

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 181 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

proved the DPWH's ownership of the Komatsu Grader. mortgage foreclosure. Is there fencing? NO, the reason, ordered the bank to stop payment.
Thus, it cannot be said that the first element of fencing motorcycle was not the object of theft. Elements of Sec 1 par 2
had been established.
1) A person has sufficient funds when he makes or
Even assuming arguendo that theft had been committed, draws and issues a check;
the third element of fencing is wanting in this case. On Bouncing Checks Law
the presumption that fencing had been committed as 2 B.P. Blg. 22, Secs. 1-3 and 5; A.C. No. 12-2000; A.C. 2) Fails to keep such funds or maintain a credit to
provided by Sec. 5 of PD 1612, we rule that petitioner was No. 13-2001 cover the full amount if presented within 90 days;
able to overcome the same upon his presentation of the 3) Subsequently dishonored.
Affidavit of Ownership which he secured from Petronilo May be violated in 2 ways:
Exceptions to the presumption of knowledge of insufficient
Banosing. 1) Making or drawing and issuing any check to apply funds
It appears that both the RTC and the CA ruled that on account or for value, knowing at the time of
a) Check is presented after 90 days from the date of the
petitioner should have first secured a Clearance or a issue that he does not have sufficient funds in or
check;
permit from the police. However, said provision is credit with the drawee bank for the payment of such
inapplicable to the present case. Nowhere was it check in full upon its presentment, and was b) When drawer pays the amount or makes
established that petitioner was engaged in the business of subsequently dishonored; arrangement within 5 banking days after receiving
buy and sell. notice of dishonor.
2) Failing to keep sufficient funds or to maintain a
⭐NB: This case modifies the Dimat ruling in that an credit to cover the full amount of the check if c) No proof that notice was received by drawer.
accessory of the theft or robbery may be held liable under presented within a period of 90 days from the date
the Anti-Fencing Law. appearing thereon. NOTES RE BP 22

Elements of Sec 1 par 1 1. Gravamen is the issuance of a check.

1) A person makes or draws and issues any check; 2. The elements of estafa and BP 22 are distinct. One
Uypitching v. Quiamco
could be held liable for estafa and violation of BP 22
2) To apply on account or for value;
Quiamco was approached by Gabalan to settle the civil without double jeopardy.
aspect of a case by leaving with Quiamco a motorcycle 3) Knows at the time of issue that he does not have
3. If the drawer stopped payment due to a valid
and its photocopied CR. It turned out that the motorcycle sufficient funds;
reason, i.e. wrong name of payee, then he is not
was bought on installment from RUSI by Gabalan who 4) Subsequently dishonored, or would have been liable.
defaulted in his payments, and the object of a chattel dishonored had not the drawer, without any valid

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 182 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

that the second element prima facie exists when the first the litigation of the civil aspect thereof.
4. But if he had no valid reason to do so, violation of
BP 22 has been consummated. and third elements of the offense are present. If not
B.P. Blg. 22 imposes a distinct civil liability on the
rebutted, it suffices to sustain a conviction. signatory of the check which is distinct from the civil
5. Written notice of dishonor is essential.
The gravamen of B.P. No. 22 is the act of making and liability of the corporation for the amount
6. Absence of proof of notice and giving her 5 days to issuing a worthless check or one that is dishonored upon represented from the check.
make necessary arrangements to replenish funds its presentment for payment. And the accused failed to
destroys the presumption that she had knowledge satisfy the amount of the check or make arrangement for
of the sufficiency of funds. its payment within five (5) banking days from notice of Cu v. Small Business Guaranty 2017
7. The burden then shifts to prosecution to prove such dishonor. The act is malum prohibitum, pernicious and
In Gidwani, there was an SEC order of suspension of
knowledge; otherwise, drawer cannot be liable. inimical to public welfare. Why and to whom the check
payments after a petition to that effect was filed, which
was issued is irrelevant in determining culpability.
8. Notice of dishonor to corporation is not notice of had the effect of suspending the collection of the loan
dishonor to officer who issued the check. Thus, obligation of the debtor therein. In the present cases, the
constructive notice to the corporation is not enough closure of G7 Bank by the Monetary Board, the
Gosiaco v. Ching and Casta
to satisfy due process. appointment of PDIC as receiver and its takeover of G7
9. Penalty is IMP of 30d-1y OR fine of not less than but 1. When a corporate officer issues a worthless check in Bank, and the filing by PDIC of a petition for assistance
not more than double the amount of the check, the corporate name he may be held personally liable in the liquidation of G7 Bank, had the similar effect of
which in no case shall exceed P200K, OR BOTH. for violating a penal statute. suspending or staying the demandability of the loan
obligation of G7 Bank to SB Corp. with the concomitant
10. Rule of preference in imposing penalties In the recent case of Bautista v. Auto Plus Traders Inc.,
the Court ruled decisively that the civil liability of a cessation of the former's obligation to pay interest to the
emphasizes discretion over the judge to determine latter upon G7 Bank's closure.
whether a FINE suffices the penalty, or whether corporate officer in a B.P. Blg. 22 case is extinguished
IMPRISONMENT is also in order. with the criminal liability. The rule of stare decisis Therefore, applying Gidwani by analogy, at the time SB
precludes the Court to discharge Ching of any civil Corp. presented the subject checks for
11. A drawer who was acquitted or convicted under the liability arising from the B.P. Blg. 22 case against her, deposit/encashment in October 2008, it had no right to
RPC for estafa may also be prosecuted under BP 22. on account of her acquittal in the criminal charge. demand payment because the underlying obligation was
not yet due and demandable from Cu and he could not be
2. Nowhere in B.P. Blg. 22 is it provided that a juridical
Rosa Lim v. People held liable for the civil obligations of G7 Bank covered by
person may be impleaded as an accused or defendant
B.P. No. 22, Section 2 creates a presumption juris tantum in the prosecution for violations of that law, even in the subject dishonored checks on account of the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 183 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Monetary Board's closure of G7 Bank and the takeover Art 315(2)(d) BP 22 a) propelled by any power other than muscular
thereof by PDIC. power
Malum in se Malum prohibitum
b) using the public highways,
Deceit is an element Deceit is NOT an element
Brodeth v. People 2017 except
re BP 22 as a continuing crime If check issued in payment There is a violation a) road rollers, trolley cars, street sweepers,
Violation of B.P. Blg. 22 cases is categorized as transitory of a pre-existing obligation, regardless of the purpose of sprinklers, lawn mowers, bulldozers,
or continuing crimes. A criminal case for violation of B.P. NO violation issuance graders, forklifts, amphibian trucks, and
Blg. 22 therefore may be filed in any of the places where cranes if not used on public highways;
The drawer is given 3 days The drawer is given 5 days
any of its elements occurred — in particular, the place b) vehicles which run only on rails or tracks;
from receipt of demand
where the check is drawn, issued, delivered, or and
letter or notice of dishonor
dishonored (Yalong v. People) or where the check was
to pay the amount due c) tractors, trailers and traction engines of all
deposited or presented for encashment.
kinds used exclusively for agricultural
Failure to pay within said Failure to pay within said
purposes.
period is prima facie period is prima facie
Pilipinas Shell v. Duque 2017 evidence of deceit evidence of knowledge of Trailers having any number of wheels, when
re Liability of corporate officers in BP 22 cases drawer of insufficiency of propelled or intended to be propelled by attachment
funds to a motor vehicle, shall be classified as a separate
Whether or not respondents, as corporate officers, may still be
motor vehicle with no power rating.
held civilly liable despite their acquittal from the criminal charge
Payment is NOT a defense Payment is a defense if
of violation of BP 22. 2) Carnapping is the taking, with intent to gain, of a
made before the filing of
NO. In the case of Gosiaco v. Ching, this Court enunciated motor vehicle belonging to another
information
the rule that a corporate officer who issues a bouncing a) without the latter's consent, OR
corporate check can only be held civilly liable when he is
b) by means of violence against or intimidation
convicted. New Anti-Carnapping Act of 2016 of persons, OR
3 R.A. No. 10883, Secs. 2(e), 3 and 4; R.A. No. 11235,
BP 22 vs. Estafa through issuance of false checks c) by using force upon things.
Secs. 4, 7, 9 and 11-13
3) Any person charged with carnapping or
1) Motor vehicle refers to any vehicle

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 184 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

a) when the crime of carnapping is committed lawn mowers, amphibian trucks and cranes if not
Intent to gain or animus lucrandi is an internal act,
by criminal groups, gangs or syndicates or by used on public highways, presumed from the unlawful taking of the motor vehicle.
means of violence or intimidation of any 2. vehicles which run only on rails and tracks, and Actual gain is irrelevant as the important consideration is
person or persons or forced upon things; or the intent to gain. The term "gain" is not merely limited to
3. tractors, trailers and tractor engines of all kinds
b) when the owner, driver, passenger or and used exclusively for agricultural purposes. pecuniary benefit but also includes the benefit which in
occupant of the carnapped vehicle is killed or any other sense may be derived or expected from the act
raped in the course of the carnapping By implication, the theft or robbery of the foregoing which is performed. Thus, the mere use of the thing
vehicles would be covered by Article 310 of the RPC and which was taken without the owner's consent
shall be denied bail when the evidence of guilt is the provisions on robbery. constitutes gain.
strong.
The designation in the information of the offense
4) Concealment of Carnapping. — Any person who committed by appellant as one for qualified theft
conceals carnapping shall be punished with notwithstanding, appellant may still be convicted of the Motorcycle Crime Prevention Act
imprisonment of six (6) years up to twelve (12) years crime of carnapping. 4
R.A. No. 11235, Secs. 4, 7, 9 and 11-13
and a fine equal to the amount of the acquisition
cost of the motor vehicle, motor vehicle engine, or While the nature of appellant’s possession of the taxi was
1. Registration by the Owner. — The owner of a
any other part involved in the violation. initially lawful as he was hired as a taxi driver and was
motorcycle
entrusted possession thereof, his act of not returning it to
its owner, which is contrary to company practice and a. shall register his or her motorcycle with the
People v. Bustinera
against the owner’s consent transformed the character of LTO within five (5) days from such
Bustinera was found guilty beyond reasonable doubt of the possession into an unlawful one. Appellant himself acquisition of ownership;
qualified theft for the unlawful taking of a Daewoo Racer admits that he was aware that his possession of the taxi b. shall also immediately report any sale or
GTE Taxi. was no longer with Cipriano’s consent as the latter was disposition of his or her motorcycle to the
The unlawful taking of motor vehicles is now covered by already demanding its return. LTO.
the anti-carnapping law and not by the provisions on
2. Failure shall subject the owner to a penalty of
qualified theft or robbery. While the anti-carnapping law
penalizes the unlawful taking of motor vehicles, it People v. Patistes 2018 a. imprisonment of arresto mayor to prision
excepts from its coverage certain vehicles also see People v. Cariño 2018 correccional, OR

1. roadrollers, trolleys, street-sweepers, sprinklers, Patistes was convicted for the crime of carnapping.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 185 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

such motorcycle shall immediately report the same

b. a fine of not less than Twenty thousand pesos d. the owner, driver, backrider or passenger
(P20,000.00) but not more than Fifty who participated in the same shall be to the LTO and the PNP through the Joint PNP and
thousand pesos (P50,000.00), OR punished by reclusion temporal to reclusion LTO Operations and Control Center, and request a
perpetua. replacement number plate.
c. both.
6. If a motorcycle is used 10. Failure of the owner to report the same shall subject
3. If a motorcycle that is not yet registered with the the owner to a fine of not less than Twenty thousand
LTO is used in connection with an offense a. in the commission of a crime constituting a pesos (P20,000.00) but not more than Fifty
punishable under the RPC or SPLs, the maximum less grave felony or light felony under the thousand pesos (P50,000.00).
penalty of the relevant offense shall be imposed on RPC or any other crime, or
the offenders. 11. However, if the lost, damaged, or stolen number
b. in the escape from the scene of such crime, plate or readable plate is used in the commission
4. Driving Without a Number Plate or Readable Number c. regardless of the stage of commission with an offense penalized under the RPC or SPLs,
Plate. — is prohibited. The driver of a motorcycle whether attempted, frustrated, or the failure of the owner to report within three (3)
without a number plate or readable number plate consummated, days that the motorcycle is lost, damaged, or stolen,
shall be punished by shall subject the owner to a penalty of
d. the owner, driver, backrider or passenger
a. prisión correccional, or imprisonment of arresto mayor to prision
who participated in the same shall be
correccional.
b. a fine of not less than Fifty thousand pesos punished by prision correccional to prision
(P50,000.00) but not more than One mayor. 12. Erasing, Tampering, Forging, Imitating, Covering or
hundred thousand pesos (P100,000.00). Concealing a Number Plate or Readable Number Plate
7. If a seized motorcycle is used in the commission of
and Intentional Use Thereof. — shall be punished by
5. Use of a Motorcycle in the Commission of a Crime. — If a crime, the maximum penalty of the relevant crime
a motorcycle is used or offense shall be imposed. a. prison mayor, or
a. in the commission of a crime constituting a 8. If death or serious physical injuries, as defined b. a fine of not less than Fifty thousand pesos
grave felony under the RPC, or under the RPC, results from the unlawful use of a (P50,000.00) but not more than One
motorcycle in the commission of a crime, the hundred pesos (P100,000.00), or
b. in the escape from the scene of such crime,
penalty of reclusion perpetua shall be imposed. c. both.
c. regardless of the stage of commission,
whether attempted, frustrated, or 9. Loss of Number Plate or Readable Number Plate. — If 13. If a person knowingly sells or buys an erased,
consummated, the number plate or readable number plate of a tampered, altered, forged or imitated number plate
motorcycle is lost, damaged, or stolen, the owner of

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 186 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

or readable number plate, both such buyer and expose to danger the life or property of another. PM. out before any part of the building was burned.
seller shall be punished by prision mayor.
4. Other cases of arson. Punished by RT-RP 3. If main objective is burning, but death results, arson.
14. However, if the person who sells or buys the number a. Any government building; 4. If purpose is to kill a person in the building, and setting
plate proves that he or she has no knowledge that it it on fire was the means resorted, murder.
was erased, tampered, altered, forged or imitated, b. Inhabited house or dwelling;
he or she shall be punished by arresto mayor. c. Industrial establishment, shipyard, oil well, 5. If killing has been committed, then the building is burnt
mine shaft, platform or tunnel; to cover it up, murder/homicide AND arson.
15. Use of a Stolen Number Plate or Readable Number
Plate. — shall be punished by d. Plantation, farm, pasture land, growing People v. Al-Saad 2021
a. prision mayor, or crop, grain field, orchard, bamboo grove or
Arson is present when:
forest;
b. a fine of not less than Fifty thousand pesos 1. there is intentional burning; and
(P50,000.00) but not more than One e. Rice, sugar, cane mills, or mill central;
hundred thousand pesos (P100,000.00), or 2. what is intentionally burned is an inhabited house
f. Railway or bus station, airport, wharf or
or dwelling.
c. both at the discretion of the court. warehouse.
Here, accused-appellant deliberately set fire to their
5. Special aggravating circumstances. MAX
Law on Arson house which resulted in the deaths of its two inhabitants.
5 a. Intent to gain; Her acts before, during, and after the fire established
P.D. No. 1613, Secs. 1-7
b. For the benefit of another; beyond reasonable doubt her guilt of committing the acts
1. Arson is the malicious destruction of property by alleged in the Information.
c. Motivated by spite or hate towards owner or
fire. occupant; The following combination of circumstances pointed to
2. Kinds of arson: the logical conclusion that Mae commenced and caused
d. By a syndicate (at least 3 persons).
the fire as to support a judgment of conviction beyond
a. Simple arson;
reasonable doubt against her:
NOTES RE ARSON
b. Destructive arson;
1. At 12:00 in the morning, Mae went home from SM
1. Attempted arson. Placing the rags soaked in gasoline
c. Other cases of arson. Mall of Asia;
beside the wooden wall of the building and lighting a
3. Simple arson. Burning or setting fire to the property match. 2. She arrived at their house at 1:20 am;
of another, or his own under circumstances which
2. Frustrated arson. The rags were set on fire, but were put 3. She instructed Grace to get her child, Leila, from

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 187 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the room of Ameerah and Sarah;

2) other cases of arson (PD 1613). Here, the applicable provision of law should be Sec. 3, par.
4. She bought four (4) liters of gasoline from This classification is based on the kind, character and
2, of PD 1613, which imposes a penalty of reclusion
Optimus Shell at 2:59 am; location of the property burned, regardless of the value of temporal to reclusion perpetua for other cases of arson
5. She and her child rode a tricycle going home and the damage caused. as the properties burned by accused are specifically
picked up something at Optimus Shell; described as houses, contemplating inhabited houses or
Article 320 of the RPC, aab RA 7659, contemplates the
dwellings under the aforesaid law. The 3rd special
6. When she alighted from the tricycle, the driver malicious burning of structures, both public and private,
aggravating circumstance cannot be appreciated in the
noticed a liquid substance on the floor of his hotels, buildings, edifices, trains, vessels, aircraft,
present case where it appears that he was acting more on
tricycle and when he wiped it, it smelled of gas; factories and other military, government or commercial
impulse, heat of anger or risen temper. Thus,
establishments. If as a consequence of the commission of
7. At around 3:20 am, Morallos saw her come back; accused-appellant must be held guilty of Simple Arson.
any of the acts penalized under Art. 320, death should
8. Morallos noticed Mae was hiding something; result, the mandatory penalty of death shall be imposed.
9. She instructed Grace to buy pandesal at 3:00 am; On the other hand, PD 1613 remains the governing law for People v. Buebos
10. She was admittedly at the guard house when the Simple Arson. If special aggravating circumstances are The legal basis of the trial court in convicting petitioners
fire was ongoing; present, the penalty under Sec. 3 shall be imposed in its of arson is Section 3[2] of P.D. No. 1613. The elements of
maximum period: this form of arson are:
11. Miciano retrieved the CCTV of the gas station and
it showed Mae together with Leila purchasing a) If committed with intent to gain; a) there is intentional burning
gasoline. b) If committed for the benefit of another; b) of an inhabited house or dwelling.
In fine, accused-appellant's guilt for the offense of Arson c) If the offender is motivated by spite or hatred Admittedly, there is a confluence of the foregoing
with Homicide has been proven beyond reasonable towards the owner or occupant of the property elements here. However, the information failed to allege
doubt. burned; and, that what was intentionally burned was an inhabited
d) If committed by a syndicate, or group of three (3) house or dwelling. That is fatal. In fine, petitioners can
or more persons. be convicted only of simple arson, under Section 1[1] of
People v. Soriano
P.D. No. 1613, punishable by prision mayor.
If by reason, or on the occasion of Simple Arson death
Arson is the malicious burning of property.
results, the penalty of reclusion perpetua to death shall be
1) Destructive Arson (Art. 320) and imposed.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 188 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

J Crimes Against Chastity circumstances, with a woman who is not his wife; sex;
Title Eleven 3) Cohabiting with her in any other place. 3) It is done:
Elements a) by using force or intimidation;
333 Adultery 1) There is a married man; b) when the offended party is deprived of
reason or otherwise unconscious;
1) There is a married woman; 2) He committed any of the acts punished;
3) As to the concubine, that she knows the man to be c) by means of fraudulent machination or
2) She has sexual intercourse with a man not her
married. grave abuse of authority;
husband;
d) when the offended party is below 12 (penalty
3) As to the paramour, that he knows the woman is
NOTES is RT med as per RA 7610) or is demented.
married.
1. Scandal is produced when: Seduction and Abduction
NOTES a) the man and his mistress live in the same room of a
337 Qualified seduction
1. Where the offended party in an adultery case obtains a house,
divorce in his country before the adultery proceedings b) they appear together in public, and 1) Of a minor, 16 and over but under 18, by any person
are commenced, he no longer has the right to institute in public authority, priest, home-servant, domestic,
c) perform acts in sight of the community which gives
proceedings against the offender. (Pilapil v. Ibay-Somera) guardian, teacher, or any person who, in any
rise to criticism and general protest among the
capacity, shall be entrusted with the education or
2. It is not necessary that there be a valid marriage. neighbors. This is best proven by people in the
custody of the minor;
3. Direct proof of carnal knowledge is not necessary. vicinity.
2) Of a sister by her brother, or descendant by
4. Each sexual intercourse constitutes a crime of adultery. 2. When spies are employed, there is no evidence of
ascendant.
It is not a continuing offense. scandalous circumstances.
Elements
334 Concubinage 336 Acts of lasciviousness
1) Offended party is 16 and over, but under 18;

Acts Punished 1) Offender commits any act of lasciviousness or 2) Offender has carnal knowledge with offended party;
lewdness;
1) Keeping a mistress in the conjugal dwelling; 3) There is abuse of authority, confidence or
2) Such act is committed against any person of either relationship on the part of the offender.
2) Having sexual intercourse, under scandalous

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 189 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

338 Simple seduction 342 Forcible abduction

2. Seduction, abduction, rape or acts of lasciviousness
1) Offended party is 16 and over, but under 18; 1) Person abducted is any woman, regardless of age, must be prosecuted upon complaint signed by -
civil status or reputation; a) offended party,
2) Offender has carnal knowledge with offended party;
3) By means of deceit. 2) It is against her will; b) her parents,
3) With lewd designs. c) grandparents, or
339 Acts of lasciviousness with consent
d) legal guardians in the order in which they are
1) Offender commits acts of lasciviousness; NOTES named above.

2) Upon a woman who is a virgin or single or widow of 1. There can only be one complex crime of forcible 3. Pursuant to RA 8353, Rape may be prosecuted de oficio.
good reputation, over 12 but under 18, or a sister or abduction with rape. Thus, the succeeding rapes should 4. In adultery and concubinage, criminal proceeding can
descendant regardless of reputation or age. each be counted separately against the accused. not be instituted without including both the guilty
3) Through abuse of authority, confidence, 2. There is no complex crime of forcible abduction with parties, if they are both alive, nor, in any case, if he shall
relationship, or deceit. attempted rape, as the latter is deemed absorbed by have consented or pardoned the offenders. (Sec 5 Rule
the former. There is only forcible abduction. 110, Art 344)
340 Corruption of minors
5. When complexed with another crime, can be
343 Consented abduction
1) Offender promotes or facilitate the prostitution or prosecuted de oficio.
corruption of persons under age; 1) Offended party must be a virgin;
Rules on Pardon
2) Such is to satisfy the lust of another. 2) Over 12, under 18; 1. It is a bar to prosecution for adultery and
341 White slave trade 3) Taking away must be with consent after solicitation concubinage. It may be expressed or implied. Must
or cajolery from offender; come before the institution of the criminal action
Acts penalized and both offenders must be pardoned.
4) With lewd designs.
1) Engaging in the business of prostitution; 2. Express pardon is a bar to prosecution for
Prosecution of the crimes of adultery, concubinage, seduction,
2) Profiting from it; abduction, and acts of lasciviousness seduction, abduction, rape or acts of
lasciviousness. (par 3)
3) Enlisting the services of women for such purpose. 1. Adultery and concubinage must be prosecuted upon
complaint signed by the offended spouse. 3. Pardon must first be granted by the offended party.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 190 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Only when she is incapacitated, or dead, can the

4. Only indemnity is allowed in rape of a married woman. a) There is a legitimate child;
parents, grandparents, guardians take her place in
pardoning the offender. Pardon by the parent, must Persons who cooperate as accomplices but are punished as b) Offender conceals or abandons him;
be accompanied with that of the girl and vice-versa. principals
c) Has the intent to cause the loss of civil status
4. Marriage between the parties benefits all accused. 1) Ascendants; of such child.
This does not apply when there are multiple 2) Guardians;
principals by direct participation. NOTES
3) Curators;
5. For rape, marriage only benefits the principal. 1. Concealing or abandoning any legitimate child, requisites:
4) Teachers; and
Civil liability of persons guilty of crimes against chastity a) There is a legitimate child;
5) Any other person who cooperates as an accomplice
a) To indemnify the offended woman. with abuse of authority or confidential relationship. b) Offender conceals or abandons him;

b) To acknowledge the offspring, unless the law should c) Has the intent to cause the loss of civil status of
prevent him from doing so. such child.
Crimes Against the Civil Status of 2. The unlawful sale of a child by its father is not a crime
c) In every case to support the offspring. K Persons under Art 347.
1. Only indemnity is possible in adultery or concubinage. Title Twelve
Children born from such offenses may not be 348 Usurpation of civil status
recognized and are born from the offenders
Simulation of births, substitution of one child for 1. The crime is committed when a person represents
themselves. Thus, they may not be granted support.
347 another, and concealment or abandonment of a himself to be another and assumes the filiation or
2. Art 2219 of the Civil Code provides that moral damages the parental or conjugal rights of such another
legitimate child
may be recovered in seduction, abduction, rape, or person.
other lascivious acts, as well as adultery and Acts punished
2. Civil status includes one's public station, or the
concubinage. The parents of the female seduced,
1) Simulation of births. rights, duties, capacities and incapacities which
abducted, raped or abused may also recover moral
2) Substitution of one child for another. determine a person to a given class.
damages.
3) Concealing or abandoning any legitimate child with 3. Thus, usurpation of profession may be punished
3. If there are multiple offenders in rape, all must support
intent to cause such child to lose its civil status. under Art 348.
the offspring.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 191 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

then.
4. There must be intent to enjoy the rights arising
from the civil status of another. NOTES

5. The purpose of defrauding qualifies the crime. 1. Validity of second marriage is a prejudicial question.
Montañez v. Cipriano 2012
Judgment of annulment of second marriage precludes
349 Bigamy the verdict of guilt. In Tenebro v. CA, we declared that although the judicial
declaration of the nullity of a marriage on the ground of
1) Offender has been legally married. 2. The second spouse is not necessarily liable for bigamy.
psychological incapacity retroacts to the date of the
But, if such spouse knew of the first marriage, he/she is
2) Marriage has not been legally dissolved or, in case celebration of the marriage insofar as the vinculum
an accomplice. One who vouched for the capacity of
his or her spouse is absent, the absent spouse could between the spouses is concerned, it is significant to note
either is also an accomplice.
not yet be presumed dead. that said marriage is not without legal effects. Among
3. There is no double jeopardy if concubinage is filed after these legal consequences is incurring criminal liability
3) Contracts a second or subsequent marriage. bigamy. for bigamy.
4) Such second marriage is deemed valid. 4. If accused contracted a second marriage that is void for
350 Marriage contracted against provisions of laws lack of marriage license, but he knows of this missing
requisite, then he is liable under Art 350, and not Art Bangayan v. Bangayan 2013
1) Offender contracted marriage. 349. For bigamy to exist, the second or subsequent marriage
2) He knew at the time that — must have all the essential requisites for validity except
Mercado v. Tan for the existence of a prior marriage. In this case, there
a) the requirements of the law were not
was really no subsequent marriage. Benjamin and Sally
complied with; or A judicial declaration of nullity of a previous marriage is
just signed a purported marriage contract without a
necessary before a subsequent one can be legally
b) the marriage was in disregard of a legal marriage license. The supposed marriage was not
impediment. contracted. One who enters into a subsequent marriage
recorded with the local civil registrar and the National
without first obtaining such judicial declaration is guilty
Statistics Office. In short, the marriage between
352 Performance of illegal marriage ceremony of bigamy. This principle applies even if the earlier union
Benjamin and Sally did not exist. They lived together and
is characterized by statute as “void.”
1) Offender is a priest or minister, or civil authority. represented themselves as husband and wife without the
That he subsequently obtained a judicial declaration of benefit of marriage.
2) He is authorized to solemnize marriages.
the nullity of the first marriage was immaterial. To
3) He performs an illegal marriage ceremony. repeat, the crime had already been consummated by

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 192 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Santiago v. People 2015 marriages in order to raise it as a defense in a bigamy case. the essential elements of bigamy is absent, i.e. a prior
valid marriage. When the first marriage is void ab initio,
The crime of bigamy does not necessarily entail the joint However, if the first marriage is merely voidable, the accused
cannot interpose an annulment decree as a defense in the the accused cannot be held liable for bigamy as the
liability of two persons who marry each other while the
criminal prosecution for bigamy since the voidable first marriage judicial declaration of its nullity is not tantamount to
previous marriage of one of them is valid and subsisting.
is considered valid and subsisting when the second marriage was annulment nor dissolution but merely a declaration of a
As explained in Nepomuceno:
contracted. The crime of bigamy, therefore, is consummated when status or condition that no such marriage exists.
In the crime of bigamy, both the first and second
the second marriage was celebrated during the subsistence of the Lacking an essential element of the crime of bigamy, i.e.,
spouses may be the offended parties depending on
voidable first marriage. The same rule applies if the second a prior valid marriage, as per Certification and the
the circumstances, as when the second spouse
marriage is merely considered as voidable. subsequent judicial declaration of nullity of Pulido and
married the accused without being aware of his
Arcon's marriage, the prosecution failed to prove that the
previous marriage. Only if the second spouse had The Court NOW categorically rules that a void ab initio
marriage is a valid defense in the prosecution for bigamy crime of bigamy is committed. Therefore, the acquittal of
knowledge of the previous undissolved marriage of
even without a judicial declaration of absolute nullity. Pulido from the bigamy charge is warranted.
the accused could she be included in the information
as a co-accused. Thus, a judicial declaration of absolute nullity of either
Given that petitioner knew of the first marriage, this the first and second marriages obtained by the accused is
Court concurs with the ruling that she was validly considered a valid defense in bigamy. L Crimes Against Honor
Title Thirteen
charged with bigamy. However, we disagree with the Pulido interposed the defense that the subsequent
lower courts’ imposition of the principal penalty on her. judicial declaration of nullity of his first marriage should 353 Libel
Her punishment as a principal to the crime is wrong. exculpate him from criminal liability for bigamy.
Elements of defamation
Archilla holds that the second spouse, if indicted in the The subsequent declaration of the nullity of the first and
crime of bigamy, is liable only as an accomplice. 1) There must be an imputation of a crime, or of a vice
second marriages constitute a valid defense in bigamy.
or defect, real or imaginary, or any act, omission,
It must be borne in mind that the requirement of Article status or circumstance.
⭐Pulido v. People 2021 En Banc 40 is merely for purposes of remarriage and does not
affect the accused's right to collaterally attack the validity
2) The imputation is made publicly.
Doctrinal Rule of the' void ab initio marriage in criminal prosecution for 3) Malicious.
bigamy. 4) Directed to a natural or juridical person, or one who
The parties are not required to obtain a judicial declaration of
absolute nullity of a void ab initio first and subsequent Clearly, when the first marriage is void ab initio, one of is dead.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 193 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

5) Must tend to cause the dishonor, discredit or d) Condition, status or circumstance - calling a person a There are as many offenses as there are persons
contempt of the person defamed. bastard or leper; mangkukulam. defamed.
2ND ELEMENT: Publicity — is the communication of the PRESUMPTION OF MALICE
NOTES
defamatory matter to some third person or persons.
1. Malice in law presumed from every defamatory
Defamation, defined Delivering the article to the typesetter is sufficient imputation even if it is true. Can be rebutted if accused
publication. Sending a sealed letter is not publication.
a) Which includes libel and slander, means the offense can show
of injuring a person's character, fame or reputation If it is unsealed or not shown to be sealed, there is
publication. There is no crime if the defamatory a) good intention,
through false and malicious statements.
imputation is not published. b) justifiable motive, and
b) It tends to diminish the esteem, respect, good will
or confidence in the plaintiff or to excite derogatory 3RD ELEMENT: Malice c) it is true in case the law allows proof of the truth.
feelings or opinions about him. a) Malice in fact - express malice, actuated by a desire 2. Not presumed in privileged communications:
to impeach the reputation, integrity and honesty of
c) It is the generic term to libel and slander, the a) private communication made by any person to
former being in written, while the latter in the oral the offended.
another in the performance of any legal, moral, or
form. b) Malice in law - presumed from a defamatory social duty.
imputation (Art 354 par 1). Proof of malice not
1ST ELEMENT: Imputation b) fair and true report, made in good faith, without
required. Presumption does not arise in privileged
a) Criminal Act - May be implied from the acts and any comments or remarks
communication.
statements of the accused. Imputation of criminal i) of any judicial, legislative, or other official
intention, not libelous. An expression of opinion by 4TH ELEMENT: Directed at a person, dead or alive.
proceedings which are not of confidential
one affected by the act of another and based on Identification of the offended party is required, and a nature or
actual fact is not libelous. Such must be made third person could identify him as subject of the libelous
ii) of any statement, report or speech delivered in
however, in the performance of a legal, moral or publication. It is essential that the victim be
said proceedings, or
social duty. identifiable, although not necessarily named. If the
article is impersonal, does not single out individuals, iii) of any other act performed by public officers in
b) Vice or defect - such as lascivious or immoral habits.
this element is wanting. the exercise of their functions.
c) Act or omission - e.g. offended party used to borrow
5TH ELEMENT: Cause dishonor, discredit, contempt c) fair commentaries on matters of public interest may
money without intention to pay.
still be considered actionable if actual malice is

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 194 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

proven. (Borjal v. CA) a matter of defense and must be established by the libelous article, with his consent and all other
accused. Except, if contained in an appropriate persons who in any way participate in or have
3. Prosecution must prove malice in fact in privileged
communication. May be absolute, and conditional or pleading in a court proceeding, the privilege becomes connection with its publication.
qualified. at once apparent.
1. The prime requisite of libel is not the composing of the
a) said to be absolute if it is not actionable even if the 6. Defense overcome if it is shown that article but its publication.
author acted in bad faith. a) defendant acted with malice in fact, or 2. Venue is determined where
i. members of Congress in the discharge of their b) there is no reasonable ground for believing the a) the libelous article is printed and first published; or
functions. charge to be true.
b) any of the offended parties actually resides at the
ii. official communication made by public officer 7. If there is probable cause for belief in their truthfulness time of the commission of the offense.
in the performance of his duties. and the charge is made in good faith, privilege applies.
3. Where one of the offended parties is a public officer,
Must be made under an honest sense of duty; a
iii. allegations and statements in judicial venue may be had at his place of designation.
proceedings. self-seeking motive is destructive.
4. Offended party must file complaint for defamation
b) it is conditionally privileged if it is not actionable Paragraph 2: Fair and true report imputing a crime which cannot be prosecuted de oficio.
unless made in bad faith. 8. Doctrine of Fair Comment, when the discreditable (Art 344)
imputation is directed against a public person in his
Paragraph 1: Performance of duty 5. Libel imputing vice or defect can be prosecuted de oficio
public capacity, it is not necessarily actionable.
4. Requisites: PROOF OF TRUTH
PERSONS RESPONSIBLE FOR LIBEL
a) Person who made the communication has a legal, 1. Admissible in any of the following:
moral and social duty to make such, or, at least, had a) Who publishes, exhibits or causes the publication
or exhibition of any defamation in writing or a) When imputation constitutes a crime whether
an interest to be upheld. offended party is a private person or a public officer.
similar means.
b) Such is addressed to an officer or a board, or b) Even if imputation is not constitutive of a crime,
superior having some interest or duty in the matter. b) Author or editor of a book or pamphlet.
but against a Government employee related to the
c) Done in good faith without malice in fact. c) Editor or business manager of a daily newspaper discharge of his official duties.
magazine or serial publication.
5. When a copy of a privileged communication is sent to a 2. If defendant proves the truth of his imputation, he shall
newspaper publication, the privilege is destroyed. It is d) Owner of the printing plant which publishes a be acquitted. Proof of his good motive and justifiable

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 195 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

ends are no longer necessary. Probable cause for belief in without lewd design but only to cast dishonor upon the
a) Expressions used;
the truth of the statement is sufficient. girl, is slander by deed and not acts of lasciviousness.
b) Personal relations between parties;
3. Three requisites of defense: 4. The nature and effects of the maltreatment determine
c) Circumstances, such as social standing and the crime committed. If offended party suffered from
a) if it appears that the matter charged as libelous is position of offended party.
true; shame and humiliation caused by the maltreatment, it
is slander by deed.
b) it was published with good motives; NOTES
5. Common denominator in unjust vexation, slander by
c) and for justifiable ends. 1. The word "puta", being a common expression in the deed, and acts of lasciviousness is irritation or
dialect, may not be slander. annoyance.
4. Retraction may mitigate damages. The retraction
should contain an admission of the falsity of the 2. The slander need not be heard by offended party, but by
libelous publication and evince a desire to repair a other people, as the reputation of the former has been
Incriminatory Machinations
wrong occasioned thereby. besmirched. 363 Incriminating innocent persons
5. Honest mistake is not a complete defense but serves 359 Slander by deed 1) Offender performs an act;
only to mitigate.
1) Performs any act not included in any other crime 2) By such he directly incriminates or imputes to an
LIBELOUS REMARKS
against honor; innocent person the commission of a crime;
1. On privileged matters, if made with malice in fact, do
2) In the presence of other person/s; 3) Such act is not perjurious.
not exempt the author and editor.
3) Casts dishonor, discredit or contempt upon the 364 Intriguing against honor
2. There is liability when facts are distorted, or remarks
offended party.
are added thereon. 1) Committed by any person who shall make an
358 Slander or oral defamation NOTES intrigue which has for its principal purpose to
blemish the honor or reputation of another.
Two kinds: 1. Gravity may depend on the social standing of offended
party, circumstances, the occasion, etc. 2) It may consist of some trickery, ingenious, crafty
a) Simple slander; and and secret plot.
2. Slapping is slander by deed if the intention is to cause
b) Grave slander. shame and humiliation.
Pader v. People
Gravity is determined through: 3. Kissing a girl in public and touching her breasts

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 196 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Pader was convicted of grave oral defamation. In Reyes that while in general every discreditable imputation
Debate on public issues should be uninhibited, robust
v. People, we ruled that the expression “putang ina mo” is publicly made is deemed false, because every man is and wide open, and that it may well include vehement,
a common enough utterance in the dialect that is often presumed innocent until his guilt is judicially proved, and caustic and sometimes unpleasantly sharp attacks on the
employed, not really to slander but rather to express every false imputation is deemed malicious, nevertheless, government and public officials.
anger or displeasure. Here, the intention was to show his when the discreditable imputation is directed against a
feelings of resentment and not necessarily to insult the public person in his public capacity, it is not necessarily
latter. Being a candidate running for vice mayor, actionable. In order that such discreditable imputation Tulfo v. People 2021
occasional gestures and words of disapproval or dislike of to a public official may be actionable, it must either be a
Our libel laws must not be broadly construed as to deter
his person are not uncommon. Rogelio Pader is guilty false allegation of fact or a comment based on a false
comments on public affairs and the conduct of public
only of slight oral defamation. supposition. If the comment is an expression of opinion,
officials. Unless the prosecution proves that the
based on established facts, then it is immaterial that the
defamatory statements were made with actual
opinion happens to be mistaken, as long as it might
malice—that is, "with knowledge that it was false or with
Borjal v. CA reasonably be inferred from the facts.
reckless disregard of whether it was false or not"—a
Qualifiedly privileged communications containing New York Times v. Sullivan held that honest criticisms on criminal case for libel involving a public officer's exercise
defamatory imputations are NOT actionable unless found the conduct of public officials and public figures are of official functions cannot prosper.
to have been made without good intention or justifiable insulated from libel judgments. The guarantees of
Malice exists when the prosecution proves that the author
motive. The enumeration under Art. 354 is NOT an freedom of speech and press prohibit a public official or
made the defamatory statement knowing it was false, or
exclusive list of qualifiedly privileged communications public figure from recovering damages for a defamatory
even if true, there is no showing of good intention and
since fair commentaries on matters of public interest are falsehood relating to his official conduct unless he proves
justifiable motive.
likewise privileged. that the statement was made with actual malice, i.e., with
knowledge that it was false or with reckless disregard of
In United States v. Cañete, the Court ruled that publications
whether it was false or not.
which are privileged for reasons of public policy are Daquer v. People 2021
protected by the constitutional guaranty of freedom of Ayers Production Pty., Ltd. v. Capulong defined public figure
The Court has imposed a higher standard for criminal
speech. as a person who, by his accomplishments, fame, mode of
libel where the complainant is a public figure, particularly
living, or by adopting a profession or calling which gives
Fair commentaries on matters of public interest are a public officer. Actual malice—knowledge that the
the public a legitimate interest in his doings, his affairs
privileged and constitute a valid defense in an action for defamatory statement was false, or with reckless
and his character, has become a ‘public personage.’
libel or slander. The doctrine of fair comment means disregard as to its falsity—must be proved. It is the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 197 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

burden of the prosecution to prove actual malice, not the rules of venue in actions for criminal libel, following the made with malice.
defense's to disprove. amendment. The rules on venue in Article 360 may be
Article 354 states, as a general rule, that every
restated thus:
When the allegedly libelous statement pertains to a defamatory imputation is presumed to be malicious,
matter of public interest, more so when the subject of the 1. Whether the offended party is a public official or a even if true, if no good intention and justifiable motive is
statement is a public officer, the prosecution must private person, the criminal action may be filed in shown. As an exception to the rule, the presumption of
satisfactorily prove that the petitioner either knew that the Court of First Instance of the province or city malice is done away with when the defamatory
the statement was false, or that he acted with reckless where the libelous article is printed and first imputation qualifies as privileged communication.
disregard as to whether or not the statement is true. published.
In the cases at bar, although the open letter was primarily
2. If the offended party is a private individual, the addressed to then President Aquino, the communication
criminal action may also be filed in the Court of thereof was not limited to her alone. It was also published
Guingguing v. People
First Instance of the province where he actually in several newspapers of general circulation and was thus
Art. 354 of the RPC, as applied to public figures resided at the time of the commission of the made known to the general public. Thus, the statements
complaining of criminal libel, must be construed in light offense. made by Brillante during the press conference and in the
of the constitutional guarantee of free expression, and open letter do not qualify as privileged communication.
3. If the offended party is a public officer whose
this Court’s precedents upholding the standard of actual
office is in Manila at the time of the commission It is likewise settled that a single defamatory statement,
malice with the necessary implication that a statement
of the offense, the action may be filed in the Court if published several times, gives rise to as many offenses
regarding a public figure if true is NOT libelous. The
of First Instance of Manila. as there are publications. This is the “multiple
provision itself allows for such leeway, accepting as a
publication rule” which is followed in our jurisdiction, as
defense "good intention and justifiable motive." The 4. If the offended party is a public officer holding
office outside of Manila, the action may be filed in explained in Soriano v. IAC.
exercise of free expression, and its concordant assurance
of commentary on public affairs and public figures, the Court of First Instance of the province or city
certainly qualify as "justifiable motive," if not "good where he held office at the time of the
Fortich v. CA
intention." commission of the offense.
Nothing in the evidence on record would suggest that the
key elements of publicity are present in the case before
Chavez v. CA Brilliante v. CA us.

Agbayani supplies a comprehensive restatement of the The determination of Brillante’s culpability for libel Firstly, the assailed letter was obviously part and parcel of
hinges on the question of whether his statements were the initial investigation surrounding the non-remittance

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 198 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

of collections by petitioner. Secondly, petitioner was ii. work violence on the social order, or
In all, we find all the elements of libel to have been
unable to prove that the letter was circulated or sufficiently established. iii. otherwise be contrary to the
publicized, much less read by officers of the corporation
imperative of justice.
other than those involved in the investigation or those
directly supervising the petitioner's work. 5. Should only a fine be imposed and the accused be
Guidelines for the Imposition of Penalties unable to pay the fine, there is no legal obstacle to
in Libel Cases the application of the RPC provision on subsidiary
Magno v. People A.C. No. 08-2008 imprisonment.

Dolores Magno was found guilty of two (2) counts of libel. 1. A rule of preference emerges for the imposition of
People v. Soliman 2023 En Banc
Publication, in the law of libel, means the making of the fine only rather than imprisonment in libel cases.
defamatory matter, after it has been written, known to A court may sentence an accused found guilty of online
2. Thus, all courts and judges concerned should take
someone other than the person to whom it has been libel to payment of fine only, rather than imprisonment.
note of the foregoing rule of preference on the
written. If the statement is sent straight to a person for matter of the imposition of penalties for the crime The RPC recognizes that the penalty of fine may be
whom it is written there is no publication of it. of libel. imposed as a single or alternative penalty for libel, as
In People v. Silvela, the Court ruled that sending an evident in the RPC’s plain use of the disjunctive word ‘or’
3. However, the Circular does not remove
unsealed libelous letter to the offended party constitutes between the term of imprisonment and fine, such word
imprisonment as an alternative penalty for the
publication. In the present case, there is no dispute that signaling disassociation or independence between the
crime libel under Article 355 of the RPC.
the unsealed envelope containing the libelous letter was two words. Thus, for traditional libel, a fine can be
4. Judges may, in the exercise of sound discretion, and imposed in lieu of imprisonment.
handed by Dolores to Evelyn Arcartado. Inasmuch as
taking into consideration the peculiar
Cerelito voluntarily disclosed the contents of Dolores' As for online libel, the Court found that the People
circumstances of each case, determine
libelous letter to Evelyn, the act of publication cannot be erroneously assumed that only imprisonment may be
ascribed to Dolores insofar as Evelyn is concerned. a. whether the imposition of a fine alone would increased or decreased by degrees under the RPC, and
However, it could not be said that there was no best serve the interests of justice or that thus, imprisonment is the mandatory penalty for
publication with respect to Cerelito's wife, Fe. While the b. whether forbearing to impose imprisonment online libel.
letter in question was addressed to "Mr. Cerelito & Fe would The imposition of penalty for libel/online libel, courts
Alejandro," the invectives contained therein were directed
i. depreciate the seriousness of the should bear in mind the principles laid down in AC
against Cerelito only. Fe, the wife, is, in context, a third
offense, 08-2008. Here, Soliman was animated by anger and his
person to whom the publication was made.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 199 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

perception that Asec. Carpio was provoking him by his

2) The damage impending to be caused is not 3. Negligence indicates deficiency of perception, failure in
allegedly intentional delay in releasing Soliman’s immediate or the danger is not clearly manifest. advertence, and can be avoided by paying proper
clearance. attention and due diligence in foreseeing them.
Medical negligence
Hence, there was no grave abuse of discretion on the part
4. Illustrations of inexcusable lack of precaution
of the RTC in imposing on Soliman a penalty of fine only. 1) There must be proof of breach of duty on the part of
a) Overtaking notwithstanding there was no room to
the surgeon;
pass, resulting to collision with a car approaching
2) Causal connection of such breach and the resulting from the opposite direction.
M Quasi-offenses death or injury of patient.
Title Fourteen b) Overspeeding, overloading. Two of the passengers
Imprudence and Negligence standing on the right running board of the car died
365 Reckless imprudence when his car collided with another.
Par 1. Reckless imprudence resulting in grave, less
1) Offender does or fails to do an act; c) Disregarding traffic sign to slow down as he was
grave or light felony;
about to traverse a school zone.
2) Voluntary; Par 2. Simple imprudence or negligence resulting in
d) It was incumbent upon accused to reduce his speed
3) Without malice; grave or less serious felony ;
to allow the car ahead of him to safely negotiate a
4) Material damage results; Par 3. Reckless imprudence or simple imprudence or left turn at the intersection.
negligence causing damage to property (Fine);
5) There is inexcusable lack of precaution taking into 5. Rules on overtaking:
consideration the Par 4. Simple imprudence or negligence resulting in
a) Always drive on the right side of the road;
light felony.
a) employment or occupation,
b) Overtake only if the highway is clearly visible and
b) degree of intelligence, physical condition, free from oncoming vehicle.
and 1. The technically correct way to allege quasi-crimes is to
state that their commission results in damage, either to c) Overtaking while approaching a curve in the
c) other circumstances regarding persons, person or property. highway, where the driver's view is obstructed is not
time and place. allowed.
2. Imprudence indicates deficiency of action, failure in
Simple imprudence precaution, and can be avoided by taking the necessary d) One who overtakes is charged with a high degree of
precaution once they are foreseen. care and diligence to avoid collision.
1) There is lack of precaution on the part of offender;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 200 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

6. Doctrine of last chance is to the effect that: 11. Inexcusable lack of precaution in medical practice is Article 48 Does not Apply to Acts
determined according to the standard of care observed Penalized Under Article 365 of the
a) both parties are negligent; Revised Penal Code
by other members of the profession in good standing
b) the negligent act of one is appreciably later in time under similar circumstances bearing in mind the Article 48 is incongruent to the notion of quasi-crimes
than that of the other; or advanced state of the profession at the time of under Article 365. Hence, prosecutions under Article 365
c) when it is impossible to determine who's at fault; treatment or the present state of medical science. should proceed from a SINGLE charge regardless of the
number or severity of the consequences. In imposing
d) the one who had the last clear opportunity to avoid 12. For a reasonable conclusion of medical negligence:
penalties, the judge will do no more than apply the
the impending harm and failed to do so is a) there must be proof of breach of duty on the part of penalties under Article 365 for each consequence alleged
chargeable. the surgeon; and proven. In short, there shall be no splitting of
7. Emergency doctrine applies only b) causal connection of such breach and the resulting charges under Article 365, and only one information shall
a) where the situation which arises to confront the death or injury of patient. (proximate cause) be filed in the same first level court.
actor is sudden and unexpected, and
Ivler v. Modesto 2010
b) such as to deprive him of all opportunity for Esteban v. People 2017
deliberation. Reckless Imprudence is a Single
Crime Esteban was convicted of Reckless Imprudence Resulting
8. The emergency doctrine may not be applied
Quizon rejected Faller's conceptualization of quasi-crimes in Homicide.
simultaneously with the doctrine of last chance. Thus, if
the case be that of the former, then the latter is by holding that quasi-crimes under Article 365 are The records of the case point to the fact that the
inapplicable. distinct species of crimes and not merely methods of petitioner who was then driving an Isuzu pick-up in a
committing crimes. Indeed, the Quizonian conception of zigzag manner and was trying to overtake a jeep which he
9. The failure to render assistance on the spot constitutes a quasi-crimes undergirded a related branch of was tailing up, suddenly encroached the opposite lane,
qualifying circumstance. Penalty will be one degree jurisprudence applying the Double Jeopardy Clause to thereby colliding against the tricycle which caused the
higher. quasi-offenses, barring second prosecutions for a death of Manuel and serious physical injuries to Felix.
10. The operator does not owe to the trespasser the duty of quasi-offense alleging one resulting act after a prior
The MCTC did not err in convicting petitioner of three
ordinary or reasonable care but merely the duty to conviction or acquittal of a quasi-offense alleging another
separate quasi-offenses of reckless imprudence resulting
refrain from wantonly or willfully causing injury to resulting act but arising from the same reckless act or
in homicide, reckless imprudence resulting in serious
him. omission upon which the second prosecution was based.
physical injuries, and reckless imprudence resulting in

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 201 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

damage to property, and in imposing three separate Materials (CSAEM) Act Acosta v. Ochoa 2019 En Banc
penalties therefor. Anti-Photo and Video Voyeurism Act of There is no constitutional right to bear arms. Neither is
2009 the ownership or possession of a firearm a property right.
Anti-Trafficking in Persons Act of 2003 Persons intending to use a firearm can only either accept
Sevilla v. People 2014
or decline the government's terms for its use.
The proper designation of the felony should be reckless Anti-Violence Against Women and their
Children Act of 2004 Section 9.3 of the 2013 IRR of RA 10591 is
imprudence resulting to falsification of public
unconstitutional. It is declared void for violating Article
documents and not falsification of public documents Comprehensive Dangerous Drugs Act of III, Section 2 of the Constitution on the right against
through reckless imprudence. 2002
unreasonable searches and seizures. Signing the Consent
There is no dispute that a variance exists between the Cybercrime Prevention Act of 2012 of Voluntary Presentation for Inspection appearing in the
offense alleged against Sevilla and that proved by the pro forma application form for firearm registration is
prosecution. Reckless imprudence resulting to Special Protection of Children Against
likewise declared void and of no force and effect.
falsification of public documents is an offense that is Abuse, Exploitation, and Discrimination
Act In Chavez, the Court held that there is no vested right in
necessarily included in the willful act of falsification of
the continued ownership and possession of firearms. Like
public documents, the latter being the greater offense. As Safe Spaces Act
any other license, the license to possess a firearm is
such, he can be convicted of reckless imprudence
An Act Providing for Stronger Protection "neither a property nor a property right." As a mere
resulting to falsification of public documents
Against Rape and Sexual Exploitation "permit or privilege to do what otherwise would be
notwithstanding that the Information only charged the
and Abuse, Increasing the Age for unlawful," it does not act as "a contract between the
willful act of falsification of public documents. Determining the Commission of authority granting it and the person to whom it is
Statutory Rape granted."
Juvenile Justice and Welfare Act
IV Special Penal Laws Kinds of firearms
Comprehensive Firearms and Loose firearm refers to
Comprehensive Firearms and
Ammunition Regulation Act A Ammunition Regulation Act
1. an unregistered firearm,
R.A. No. 10591, Secs. 3 and 28-41
Anti-Online Sexual Abuse or 2. an obliterated or altered firearm,
Exploitation of Children (OSAEC) and
3. firearm which has been lost or stolen,
Anti-Child Sexual Abuse or Exploitation

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 202 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

4. illegally manufactured firearms, Qualified persons The penalty of one (1) degree higher than that provided shall
permitted to carry firearms be imposed upon any person who shall unlawfully possess
5. registered firearms in the possession of an
individual other than the licensee and outside of residence any firearm under any or combination of the following
conditions:
6. those with revoked licenses in accordance with the The following professionals are considered to be in
rules and regulations. imminent danger due to the nature of their profession, 1) Loaded with ammunition or inserted with a loaded
occupation or business: magazine;
Firearms with expired registration or one in the possession
of a person with expired license is NOT covered in the a) Members of the Philippine Bar; 2) Fitted or mounted with laser or any gadget used to
definition. guide the shooter to hit the target such as thermal
b) Certified Public Accountants;
weapon sight (TWS) and the like;
Firearms covered are classified as: c) Accredited Media Practitioners;
3) Fitted or mounted with sniper scopes, firearm
1. Small arms refer to firearms intended to be or d) Cashiers, Bank Tellers; muffler or firearm silencer;
primarily designed for individual use or that which
e) Priests, Ministers, Rabbi, Imams; 4) Accompanied with an extra barrel; and
is generally considered to mean a weapon intended
to be fired from the hand or shoulder, which are not f) Physicians and Nurses; 5) Converted to be capable of firing full automatic
capable of fully automatic bursts of discharge, such g) Engineers; bursts.
as Handgun, Rifle, Shotgun.
h) Businessmen, who by the nature of their business or Effect of firearm violation
2. Light weapons are: undertaking, are exposed to high risk of being committed together with
a. Class-A Light weapons which refer to targets of criminal elements; another crime
self-loading pistols, rifles and carbines, i) Elected incumbent and former officials; and 1. The use of a loose firearm, when inherent in the
submachine guns, assault rifles and light commission of a crime punishable under the RPC or
j) Active and retired military and law enforcement
machine guns not exceeding caliber 7.62MM other special laws, shall be considered as an
personnel.
which have fully automatic mode; and aggravating circumstance:
b. Class-B Light weapons which refer to weapons
Penalties
a. If the maximum penalty for the crime is
designed for use by two (2) or more persons Regardless of classification, possession of loose firearm is a lower than that under the Firearms Law, the
serving as a crew, or rifles and machine guns crime cognizable with the RTC. penalty for illegal possession of firearm shall
exceeding caliber 7.62MM. be imposed;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 203 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b. If the maximum penalty for the crime is NO. Mere possession of unlicensed firearms is already In the crime of illegal possession of firearms, the corpus
equal, the penalty of prision mayor in its punishable by statute as a crime. Hence, the owner, delicti is the accused's lack of license or permit to possess or
minimum period shall be imposed in manager or operator of the security agency that obtains carry the firearm, as possession itself is not prohibited by
addition to the penalty for the crime. unlicensed firearms and issues the same to security law. To establish the corpus delicti, the prosecution has
2. If the violation of this Act is in furtherance of, or guards in its employ is undeniably criminally liable. In the burden of proving that the firearm exists and that the
incident to, or in connection with the crime of any event, there is likewise nothing in R.A. 7166 that accused who owned or possessed it does not have the
rebellion or insurrection, or attempted coup d’ etat, expressly penalizes the mere failure to secure written corresponding license or permit to possess or carry the
such violation shall be absorbed. authority from the COMELEC as required in Section 32 same. However, even if the existence of the firearm must
thereof. Such failure to secure an authorization must still be established, the firearm itself need not be presented
3. If the crime is committed by the person without
be accompanied by other operative acts, such as the as evidence for it may be established by testimony, even
using the loose firearm, the violation of this Act
bearing, carrying or transporting of firearms in public without the presentation of the said firearm.
shall be considered as a distinct and separate
places during the election period.
offense.
All told, petitioner should be absolved of any criminal
Use of an Imitation Firearm Reyes y Collano v. People 2023 En Banc
liability, consistent with the doctrine of nullum crimen,
1. An imitation firearm used in the commission of a nulla poena sine lege — there is no crime when there is Here, the prosecution was able to establish beyond
crime shall be considered a real firearm as defined in no law punishing it. reasonable doubt all the elements of the crime of Illegal
this Act and the person who committed the crime Possession of Firearms and Ammunition as it was
shall be punished in accordance with this Act: proven that:
People v. Olarte 2019
2. Provided, That injuries caused on the occasion of the a) petitioner was in possession of an improvised gun
conduct of competitions, sports, games, or any The essential elements in the prosecution for the crime of loaded with ammunition; and
recreation activities involving imitation firearms illegal possession of firearms, which include explosives,
b) the Certification issued by the Firearms and
shall not be punishable under this Act. ammunitions, or incendiary devices, are: Explosives Office of the Philippine National Police
a) the existence of subject firearm, and revealed that Reyes was not a licensed/registered
Rimando v. COMELEC
firearm holder of any kind or caliber.
b) the fact that the accused who possessed or owned
Whether the head of the agency who failed to secure a permit for
the same does not have the corresponding license The application of the chain of custody rule under Section
exemption from the Commission is guilty of an election offense or
for it. 21 of RA 9165 has not been extended to other objects seized.
not.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 204 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

People v. Olarte held that if the proffered evidence is for it. proving the second element of lack of license in Illegal
unique, readily identifiable, and relatively resistant to Possession of Firearms cases are:
If the firearm is loaded with ammunition, the penalty is
change, that foundation need only consist of testimony increased one degree higher. a) the certification issued by the Firearms and
by a witness with knowledge that the evidence is what the Explosives Office of the PNP;
proponent claims. Under contention is the second element of lack of
license.Petitioner's own judicial admission of his lack of b) the testimony of a representative from the
Here, the subject firearm and ammunition in this case license to carry a firearm is sufficient to establish the Firearms and Explosives Office of the PNP; or
were objects made unique; it is not amorphous and their second element of the crime.
forms were relatively resistant to change, unlike illegal c) judicial admission of the accused or counsel.
drugs. Thus, a testimony showing the handling of the To be clear, there is no exact way of proving the second
firearm and ammunition from the moment of their element of Illegal Possession of Firearms. What matters is
confiscation until they were turned over to the crime that the courts, including this Court, are convinced that People v. Alcira 2022
laboratory for examination and safekeeping, and their the element is proven beyond reasonable doubt
The Court upholds the uniform findings of the RTC and
later identification to the court, will suffice, which the regardless of the kind of evidence offered to prove it.
the CA about the absence of any irregularity in the
prosecution was able to establish in this case. Notably, RA 10591 and case law do not provide for specific
conduct of the buy-bust operation which led to the
modes to prove the element of lack of license to carry a
seizure of the dangerous drugs and the unlicensed
firearm. As proof of the second element, the Court
firearm. Hence, it cannot be said that the seized drugs
Castil v. People 2022 usually accepts the presentation of a certification issued
and unlicensed firearm were the result of an
by the Firearms and Explosives Office of the PNP showing
WON petitioner's conviction of the crime of Illegal Possession of unreasonable search. Considering that these are separate
that the accused is not a licensed or registered holder of a
Firearms is proper. crimes committed by accused-appellant, these should be
firearm, or the testimony to that effect of a representative
separately examined based on the respective elements
YES. Petitioner's conviction of the crime of Illegal therefrom.
needed to be proven by the prosecution in order to
Possession of Firearms is proper. Section 28 penalizes As it is not limited to the aforesaid negative certification overcome the presumption of innocence.
unlawful possession of a firearm. The elements of the or testimony, the Court also accepts the judicial
offense are: The failure of the prosecution to prove the integrity of the
admission of the accused or his counsel that the accused
dangerous drugs does not amount to a failure to prove
a) the existence of the subject firearm; and is not a holder of a license at the time of the commission
the crime of illegal possession of firearm of
of the offense.
b) the fact that the accused who possessed or owned accused-appellant. As the source by which the items were
the same does not have the corresponding license Thus, as it currently stands, the acceptable ways of recovered is not irregular, the acquittal for one charge

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 205 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

based on a defect in an inherent characteristic of a crime a) a person regardless of age who is presented, 4) Child sexual abuse or exploitation material or
cannot serve as a bar to the prosecution of another crime. depicted or portrayed as a child as defined child sexual abuse material (CSAEM/CSAM) refers
The crime of illegal possession of firearms can thus herein; and to
proceed independently of the crime of illegal sale and
b) computer-generated, digitally or manually a) any representation, whether offline, or by,
possession of dangerous drugs.
crafted images or graphics of a person who through or with the use of ICT, by means of
The corpus delicti in the crime of illegal possession of is represented or who is made to appear to be visual, video, audio, written, or any
firearms is the accused's lack of license or permit to possess a child as defined herein. combination thereof, by electronic,
or carry the firearm, as possession itself is not prohibited mechanical, digital, optical, magnetic or any
3) Child sexual abuse refers to
by law. other means,
a) any form of communication through any
platform or format, or b) of a child engaged or involved in real or
simulated sexual activities, or depicting acts
Anti-Online Sexual Abuse or b) any physical interaction between a child and of sexual abuse or exploitation of a child as a
Exploitation of Children (OSAEC) any person sexual object.
B and Anti-Child Sexual Abuse or c) when the child is being used It shall also include materials that focus on the
Exploitation Materials (CSAEM) Act i) for any act or activity inducing sexual genitalia or other private body parts of a child.
R.A. No. 11930 , Secs. 3 - 8, 1 1 - 13, 14, 20, 22 and 25 stimulation or 5) Child sexual exploitation refers to any of the
ii) for the purpose of sexual gratification following acts even if consent appears to have been
Definition of Terms or granted by the child:
1) Child refers to a person below eighteen (18) years of iii) in pursuit of the desire to have carnal a) Child sexual abuse with consideration
age OR over, but is unable to fully take care of knowledge of the child, whether monetary or nonmonetary
himself/herself from abuse, neglect, cruelty, consideration, favor, or benefit in exchange
d) regardless of
exploitation or discrimination because of a physical for the opportunity to perform such abusive
or mental disability or condition. i) the gender of the perpetrator or the or exploitative act;
victim, or
2) A child shall also refer to: b) Actual sexual intercourse with a child or
ii) the consent of the victim. children with or without consideration;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 206 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

exploitation is combined with an online component.

c) Employing fraud, machination, undue f) Use of any object or instrument for lascivious
influence, intimidation, threat or deception This can also include, but is not limited to, acts; or
by any person to commit sexual abuse of or a) the production, dissemination and g) Any other analogous circumstance;
sexual intercourse with a child or children; or possession of CSAEM;
9) Sexualization of a child refers to the act of using
d) Any other similar or analogous acts related to b) online grooming of children for sexual a child as an object for the sexual desire or
child abuse, cruelty or exploitation or to be purposes; sexual extortion of children, satisfaction of another, even if there is no actual
responsible for other conditions prejudicial
c) sharing image-based sexual abuse; sexual intercourse or no private part of the body of
to the development of the child the child has been shown.
d) commercial sexual exploitation of children;
6) Image-based sexual abuse (ISA) refers to a form of
e) exploitation of children through online Unlawful or Prohibited Acts
technology-facilitated sexual violence. The term
prostitution; and a) To hire, employ, use, persuade, induce, extort,
describes a pattern of behavior involving the
engage, or coerce a child to perform or participate in
nonconsensual creation, distribution, or threats to f) live-streaming of sexual abuse, with or
whatever way in the creation or production of any
distribute nude or sexual images. It includes a without the consent of the victim.
form of OSAEC and CSAEM;
diversity of behaviors including, but not limited to,
8) Sexual activity includes the following acts, whether
a) “sextortion scams”, actually performed or simulated; b) To produce, direct, manufacture, facilitate, or create
any form of CSAEM, or participate in the
b) the use of artificial intelligence to construct a) Sexual intercourse or lascivious act,
production, direction, manufacture, facilitation or
“deepfake” pornographic videos, including contact involving the genitalia,
creation of the same;
c) threats to distribute photographs and videos; oral stimulation of the genitals or oral
and stimulation of the anus, whether between c) To offer, sell, distribute, advertise, promote, export,
persons of the same or opposite sex; or import, by any means, any form of CSAEM;
d) the taking or sharing of sexual assault
imagery; b) Masturbation; d) To knowingly publish, transmit and broadcast, by
c) Sadistic or masochistic abuse; any means, any form of CSAEM;
7) Online sexual abuse or exploitation of children
(OSAEC) refers to the use of ICT as a means to abuse d) Lascivious exhibition of the genitals, e) To permit or influence the child to engage,
and/or exploit children sexually, which includes buttocks, breasts, pubic area and anus; participate or assist in any form of CSAEM;
cases in which offline child abuse and/or
e) Bestiality;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 207 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

f) To produce, direct, create, hire, employ or pay a prelude to violations under this Act shall also be Other Important Provisions
facilitator to stream or livestream acts of child penalized; 1. Effect of Consent of the Victim. — The consent of the
sexual abuse or exploitation; victim is NOT material or relevant and shall not be
n) To sexualize children by presenting them as objects
g) To stream or live-stream acts of, or any form of, of sexual fantasy, or making them conversational available as a defense in the prosecution of the
child sexual abuse and exploitation; subjects of sexual fantasies, in any online or digital unlawful acts.
platform; 2. Syndicated and Large-Scale Violations. —
h) To recruit, transport, transfer, harbor, provide, or
receive a child or to induce or influence the same, for o) To engage in pandering as defined under this Act; a. Any violation of this Act shall be deemed to
the purpose of violating this Act; have been committed by a syndicate if
p) To willfully subscribe, join, donate to, or support an carried out BY a group of three (3) or more
i) To introduce or match a child to a foreign national internet site that hosts OSAEC or the streaming or persons conspiring or confederating with
or to any person for the purpose' of committing any live-streaming of child sexual abuse and one another.
of the offenses under this Act; exploitation;
b. If the crime was committed AGAINST three
j) For film distributors, theaters and ICT services by q) To advertise, publish, print, broadcast or distribute, (3) or more persons, it shall be considered as
themselves or in cooperation with other entities, to or cause the advertisement, publication, printing, large-scale violation.
distribute any form of CSAEM or to facilitate the broadcasting or distribution by any means of any
3. Protection of a Good Samaritan. — Any person who
commission of any of the offenses under this Act; brochure, flyer, or any material that promotes
OSAEC and child sexual abuse or exploitation; a. has the responsibility of reporting cases
k) To knowingly benefit from, financial or otherwise, under this Act,
the commission of any of the offenses of this Act; r) To possess any form of CSAEM: Provided, That
b. blocking an internet address,
possession of three (3) or more CSAEMs is prima
l) To provide a venue for the commission of prohibited
facie evidence of the intent to sell, distribute, c. removing a website or domain,
acts under this section such as dens, private rooms,
publish or broadcast; d. taking down of shared videos, pictures, or
cubicles, cinemas, houses, private homes, or other
establishments; s) To willfully access any form of CSAEM; and messages for the services provided by an
internet intermediary, and
m) To engage in the luring or grooming of a child: t) To conspire to commit any of the prohibited acts.
e. providing information for the purpose of an
Provided, That grooming taking place offline as a
investigation or prosecution of a case
involving acts of OSAEC

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 208 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

constitute an offense at the place of commission, if

shall not be held civilly, criminally or 8. Applicability of Juvenile Justice and Welfare Act, as
administratively liable: Provided, That the action was: the offense, being a continuing offense, was either Amended. — In cases where the offender is a child,
a. done in good faith; a. commenced in the Philippines; or the prosecution of the offense shall be in accordance
with the Juvenile Justice and Welfare Act of 2006, as
b. necessary to prevent access or dissemination b. committed in another country:
amended, and the child shall be accorded the
of CSAEMs; and Provided, That in the case of the latter, the suspect or appropriate treatment and services under the said
accused is law.
c. reported within twenty-four (24) hours from
the act of blocking an internet address, a. a Filipino citizen, 9. In cases of self-generated CSAMs, the child
removing a website or domain, or taking producing the sexualized materials shall be considered
b. a permanent resident of the Philippines, and
down of shared video, picture or messages. as a victim and not as an offender. The child victim
c. has committed the act against a citizen of
4. Safe Harbor Exception. — shall be accorded the necessary treatment and
the Philippines.
services under this Act and in existing laws.
a. Access, possession and recording of any 6. No prosecution may be commenced against a person
CSAEM of any person for the purpose of 10. Affidavit of Desistance. — Cases involving OSAEC
under this section if a foreign government, in
complying with the duties under this Act; and CSAEM shall not be dismissed based on the
accordance with jurisdiction recognized by the
affidavit of desistance executed by the victims or
b. the reporting to government authorities; Philippines, has prosecuted or is prosecuting such
their parents or legal guardians. Public and private
person for the conduct constituting such offense,
c. legitimate investigation and administration prosecutors are directed to vigorously oppose and
of the criminal justice system; and except upon the approval of the Secretary of Justice.
manifest objections to motions for dismissal. Any
d. legitimate policy, scholarly and academic 7. Venue. — A criminal action arising from a violation act that unduly pressures the complainant to
purposes with requisite ethical clearance, of this Act shall be filed execute an affidavit of desistance shall be punishable
a. where the offense was committed, under this Act.
shall not be subject to any civil, criminal, or
administrative liability. b. where any of its elements occurred, OR
Cadajas v. People 2021 En Banc
5. Extra-Territorial Jurisdiction. — The State shall c. where the child is found or actually resides at
One can be convicted for committing child pornography
exercise jurisdiction over any act defined and the time of the commission of the offense:
upon proof of the following:
penalized under this Act, even if committed outside
Provided, That the court where the criminal action is
the Philippines and whether or not such act or acts 1) victim is a child;
first filed shall acquire jurisdiction to the exclusion
of the other courts.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 209 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

reasonable doubt that petitioner induced or coerced the coverage or recordings of such sexual act or similar
2) victim was induced or coerced to perform in the activity through VCD/DVD, internet, cellular phones
creation or production of any form of child minor victim to perform in the creation of child
pornography and that the same was done through a and similar means or device without the written
pornography; and consent of the person/s involved, notwithstanding
computer system.
3) child pornography was performed through visual, that consent to record or take photo or video
audio or written combination thereof by coverage of same was given by such person's.
electronic, mechanical, digital, optical, magnetic
Anti-Photo and Video Voyeurism Act 5) Private area of a person means the naked or
or any other means.
C of 2009 undergarment clad genitals, public area, buttocks or
Here, the prosecution was able to prove these facts by female breast of an individual.
R.A. No. 9995, Secs. 3-7
proof beyond reasonable doubt. AAA was only 14 years old
6) Under circumstances in which a person has a
at the time of the incident. Petitioner induced AAA to 1) Broadcast means to make public, by any means, a
reasonable expectation of privacy means believe
send him photos of her private parts through Facebook visual image with the intent that it be viewed by a
that he/she could disrobe in privacy, without being
Messenger. Without petitioner's inducement, she would person or persons.
concerned that an image or a private area of the
not have been compelled to actually undress and send 2) Capture with respect to an image, means to person was being captured; or circumstances in
petitioner, photos of her private parts. videotape, photograph, film, record by any means, which a reasonable person would believe that a
Thus, contrary to petitioner's contention, his act of or broadcast. private area of the person would not be visible to the
inducing AAA to send photos of her breasts and vagina 3) Female breast means any portion of the female public, regardless of whether that person is in a
constitutes child pornography and explicit sexual activity breast. public or private place.
under Sections 4(a), 3(b) and (c)(5) of R.A. No. 9775. While
4) Photo or video voyeurism means the act of taking Prohibited Acts
there was no showing that petitioner intended to sell
AAA's photos to other people, this did not exonerate him photo or video coverage of a person or group of 1) Prohibited Acts
from liability under the said provision. persons performing sexual act or any similar activity
a) Take photo or video of a sexual act or capture
or of capturing an image of the private area of a
A violation of Section 4(c)(2) of R.A. No. 10175, in relation image of private area of a person without
person or persons without the latter's consent,
to Sections 4(a), 3(b) and (c)(5) of R.A. No. 9775 falls under consent;
under circumstances in which such person/s
the class of offenses known as mala in se, where criminal has/have a reasonable expectation of privacy, or the b) Copy or reproduce, or
intent must be proven by proof beyond reasonable doubt. act of selling, copying, reproducing, broadcasting, c) Sell or distribute, or
Here, the prosecution was able to establish beyond sharing, showing or exhibiting the photo or video

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 210 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Inadmissibility of Evidence
d) Publish or broadcast, or cause same such b) for the purpose of exploitation which
photo or video, in means of print, broadcast Any record, photo or video, or copy thereof, obtained or includes at a minimum, the exploitation or
media, or through VCD/DVD, internet, secured by any person in violation of the preceding the prostitution of others, or
cellphone, or other devices. sections shall not be admissible in evidence in any
3) the engagement of others for the production or
judicial, quasi-judicial, legislative or administrative
2) The prohibition under paragraphs (b), (c) and (d) distribution, or both,
hearing or investigation.
shall apply notwithstanding that consent to record or
a) of materials that depict child sexual abuse or
take photo or video coverage of the same was given
Anti-Trafficking in Persons Act of exploitation, or
by such person/s.
2003 4) other forms of sexual exploitation, forced labor or
3) Exemption. — Any peace officer who is authorized D
R.A. No. 9208, Secs. 4-6, as amended by R.A. No. services, slavery, servitude, or
by a written order of the court to use the record or 10364; R.A. No. 11862
any copy as evidence in any civil, criminal 5) the removal or sale of organs.
investigation or trial of the crime of photo or video Trafficking in Persons refers to 6) the recruitment, transportation, transfer,
voyeurism is not liable. Such written order shall 1) the recruitment, obtaining, hiring, providing, harboring, adoption or receipt of a child for the
only be issued offering, transportation, transfer, maintaining, purpose of exploitation or when the adoption is
a) upon written application and harboring, or receipt of persons induced by any form of consideration for
exploitative purposes.
b) the examination under oath of the applicant a) with or without the victim’s consent or
and his witnesses, and knowledge,
Acts of Trafficking in Persons
c) upon showing that there are reasonable b) within or across national borders
1) To recruit, obtain, hire, provide, offer, transport,
grounds to believe that photo or video c) by means of threat, or use of force, or other transfer, maintain, harbor, or receive a person by
voyeurism has been committed or is about to forms of coercion, abduction, fraud, any means,
be committed, and deception, abuse of power or of position,
including those done under the pretext of domestic
d) that the evidence to be obtained is essential d) taking advantage of the vulnerability of the or overseas employment or training or
to the conviction of any person for, or to the person, or apprenticeship,
solution or prevention of such.
2) the giving or receiving of payments or benefits for the purpose of prostitution, pornography, sexual
a) to achieve the consent of a person having abuse or exploitation, production, creation, or
control over another person,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 211 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

distribution of CSAEM or CSAM, forced labor,

for purposes of prostitution, pornography, sexual for purposes of forced labor, slavery, debt bondage
slavery, involuntary servitude, or debt bondage; exploitation, forced labor, slavery, involuntary and involuntary servitude,
2) To introduce or match for money, profit, or servitude or debt bondage;
including a scheme, plan, or pattern intended to
material, economic or other consideration, any
7) To adopt or facilitate the adoption of persons with or cause the person either:
person or any Filipino to a foreign national, for without consideration
marriage a) To believe that if the person did not perform
for the purpose of prostitution, pornography, sexual such labor or services, he or she or another
for the purpose of acquiring, buying, offering, exploitation, forced labor, slavery, involuntary person would suffer serious harm or physical
selling or trading him/her servitude or debt bondage, or restraint; or
to engage in prostitution, pornography, sexual to facilitate illegal child adoptions or child b) To abuse or threaten the use of law or the
exploitation, forced labor, slavery, involuntary laundering, or for other exploitative purposes; legal processes;
servitude or debt bondage;
8) To recruit, hire, adopt, transport, transfer, obtain, 11) To recruit, transport, harbor, obtain, transfer,
3) To offer or contract marriage, real or simulated, harbor, maintain, provide, offer, receive, or abduct a maintain, hire, offer, provide, adopt, or receive a
for the purpose of acquiring, buying, offering, person, child
selling, or trading them
for the purpose of removal or sale of organs of said for purposes of exploitation or trading them,
to engage in prostitution, pornography, sexual person; including the act of buying or selling a child, or both
exploitation, forced labor or slavery, involuntary for any consideration or for barter for purposes of
9) To recruit, transport, obtain, transfer, harbor,
servitude or debt bondage; exploitation.
maintain, offer, hire, provide, receive, or adopt a
4) To undertake or organize tours and travel plans child Trafficking for purposes of exploitation of children shall
consisting of tourism packages or activities include:
to engage in armed activities or participate in
for the purpose of utilizing and offering persons for activities in the context of an armed conflict in the a) All forms of slavery or practices similar to
prostitution, pornography or sexual exploitation; Philippines or abroad; slavery, involuntary servitude, debt bondage,
5) To maintain or hire a person to engage in 10) To recruit, transport, transfer, harbor, obtain, and forced labor, including recruitment of
prostitution or pornography; maintain, offer, hire, provide, or receive a person by children for use in armed conflict;
6) To adopt persons by any form of consideration for means defined in Section 3 of this Act
exploitative purposes or to facilitate the same

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 212 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b) The use, procuring or offering of a child for b) any similar establishment; or for purposes of facilitating the acquisition of
prostitution, for the production of CSAEM clearances and necessary exit documents from
c) any vehicle or carrier by land, sea, and air; or
or CSAM, or for pornographic performances; government agencies that are mandated to provide
d) any of their computer system or computer pre-departure registration and services for
c) The use, procuring or offering of a child for hardware, other computer-related devices,
the production and trafficking of drugs; and departing persons
or
d) The use, procuring or offering of a child for for the purpose of promoting trafficking in persons;
e) any of their digital platform and application,
illegal activities or work which, by its nature 5) To facilitate, assist, or help in the exit and entry of
or the circumstances in which it is carried for the purpose of promoting trafficking in persons; persons from/to the country at international and
out, is likely to harm their health, safety or 2) To produce, print and issue, or distribute unissued, local airports, territorial boundaries and seaports,
morals; tampered, or fake passports, birth certificates, knowing they are not in possession of required
affidavits of delayed registration of births, foundling travel documents, or are in possession of tampered,
12) To organize, provide financial support, or direct
other persons to commit the offenses defined as acts certificates, travel clearances, counseling fake, or fraudulently acquired travel documents,
of trafficking under this Act; and certificates, registration stickers, overseas for the purpose of promoting trafficking in persons;
employment certificates or other certificates of any
13) To recruit, transport, obtain, transfer, harbor, government agency which issues these certificates, 6) To confiscate, conceal, or destroy the passport, travel
maintain, offer, hire, provide, receive, or adopt a decals, and such other markers as proof of documents, or personal documents or belongings of
child for deployment abroad as migrant worker. compliance with government regulatory and trafficked persons in furtherance of trafficking or
When the victim is a child, the means to commit these pre-departure requirements to prevent them from leaving the country or seeking
unlawful acts shall not be necessary. redress from the government or appropriate
for the purpose of promoting trafficking in persons;
agencies;
In the case of overseas domestic work, a ‘child’ means a 3) To advertise, publish, print, broadcast or distribute,
person below twenty-four (24) years old. or cause the advertisement, publication, printing, 7) To knowingly benefit from, financial or otherwise,
broadcasting or distribution by any means, or make use of, the labor or services of a person held
Acts that Promote Trafficking in Persons including the use of information technology and the to a condition of involuntary servitude, forced labor,
internet, of any brochure, flyer, or any propaganda or slavery.
1) To knowingly lease or sublease, use, or allow to be
used material that promotes trafficking in persons; 8) To tamper with, destroy, or cause the destruction of
evidence, or
a) any house, building, tourism enterprise, or 4) To assist in the conduct of misrepresentation or
fraud

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 213 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

to influence or attempt to influence witnesses, in an allow their facilities to be used It is enough that there is a deliberate attempt to
investigation or prosecution of a case under this Act; cause the introduction or encounter.
for the purpose of promoting trafficking in persons;
9) To destroy, conceal, remove, confiscate or possess, 13) For financial intermediaries, including banks and
or attempt to destroy, conceal, remove, confiscate or
Qualified Trafficking in Persons
credit card companies and money transfer or
possess, remittance centers, 1) When the trafficked person is a child:
any actual or purported passport or other travel, to knowingly or by gross negligence Provided, That acts of online sexual abuse and
immigration or working permit or document, or any exploitation of children shall be without prejudice to
other actual or purported government allow their services, online platform and
appropriate investigation and prosecution under
identification, of any person applications, among others, to be used
other related laws;
in order to prevent or restrict, or attempt to prevent for the purpose of promoting trafficking in persons;
2) When the adoption is effected through the
or restrict, without lawful authority, the person’s 14) To knowingly or by gross negligence "Inter-Country Adoption Act of 1995" and said
liberty to move or travel adoption is for the purpose of prostitution,
facilitate, assist, or help in the entry into the country
in order to maintain the labor or services of that pornography, sexual exploitation, forced labor,
of persons who are convicted sex offenders
person; slavery, involuntary servitude or debt bondage;
whether at international and local airports,
10) To utilize his or her office to impede the 3) When the crime is committed by a syndicate, or in
territorial boundaries, and seaports
investigation, prosecution or execution of lawful large scale.
orders in a case under this Act. for the purpose of promoting trafficking in persons;
Trafficking is deemed committed by a syndicate if
or
11) For internet intermediaries carried out by a group of three (3) or more persons
15) To arrange, facilitate, expedite, or cause the conspiring or confederating with one another.
to knowingly or by gross negligence
introduction or encounter of persons who are
It is deemed committed in large scale if committed
allow their internet infrastructure to be used suspected or convicted sex offenders in any
against three (3) or more persons, individually or as
for the purpose of promoting trafficking in persons; jurisdiction, to a child.
a group;
12) For internet cafes, kiosks, and hotspots, including The actual introduction or encounter need not occur
4) When the offender is
establishments offering Wi-Fi access services to the to be liable under this provision.
a. a spouse, an ascendant, parent, sibling,
public,
guardian or
to knowingly or by gross negligence

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 214 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b. a person who exercises authority over the 11) When the trafficked person belongs to an
trafficked person or indigenous community or religious minority and is Maestrado v. People 2022
considered a member of the same;
when the offense is committed by
WON the CA erred in affirming petitioner's conviction for
c. a public officer or employee; 12) When the trafficked person is a PWD;
Attempted Trafficking in Persons.
5) When the trafficked person is recruited to engage in 13) When the crime has resulted in pregnancy;
NO. Petitioner and the other accused were charged of
prostitution with any member of the military or law 14) When the trafficked person suffered mental or conspiring, confederating, and mutually helping one
enforcement agencies; emotional disorder as a result of being victim of another in committing the crime of Attempted
trafficking; or Trafficking in Persons under Section 4-A, paragraphs (d)
6) When the offender is a member of the military or
law enforcement agencies; 15) When the act is committed by or through the use of and (e) of RA 9208, as amended by RA 10364.
ICT or any computer system. To secure a conviction for Attempted Trafficking in
7) When by reason or on occasion of the act of
trafficking in persons, the offended party Persons under Section 4-A, paragraph (d), the
People v. Valencia 2021 prosecution must establish the following elements:
a. dies, becomes insane, suffers mutilation or
In cases involving trafficking in persons, a warrantless 1. the victim is a child; and
b. is afflicted with HIV or the AIDS; arrest following an entrapment operation is justified.
2. the simulation of birth was for the purpose of
8) When the offender, commits one or more acts of Entrapment facilitates the in flagrante arrest of offenders
selling the child
trafficking under Section 4 over a period of at least and the rescue of trafficked victims. Corroborating
sixty (60) days, whether those days are continuous testimonies of the arresting officer and the victim suffice As for Attempted Trafficking in Persons under Section
or not; to sustain conviction. 4-A, paragraph (e), the prosecution must prove the
following elements:
9) When the offender, or through another, directs or Here, the prosecution established that
manages the actions of a victim in carrying out the accused-appellants were arrested in flagrante delicto 1. the victim is a child; and
exploitative purpose of trafficking; when they peddled the women to the confidential asset 2. the child is solicited and custody over him/her is
who was accompanied by undercover police. acquired through any means from among
10) When the crime is committed during a crisis,
Accused-appellants transacted with the asset, as the hospitals, clinics, nurseries, daycare centers,
disaster, public health concern, pandemic, a
poseur-client, to sexually exploit the victims. The refugee or evacuation centers, and low-income
humanitarian conflict, or emergency situation, or
corroborating testimonies of PO3 Mendoza and victims families for the purpose of selling the child.
when the trafficked person is a survivor of a disaster AAA and HHH attest to this.
or a human-induced conflict; For Section 4-A, paragraph (d) on simulation of birth for

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 215 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the purpose of selling the child, first, it was proven that of Section 4(a), instead of Section 4(c) of Republic Act No.
Verily, for the crime of trafficking in persons to be
AAA was under 18 years old when the alleged crime case 9208. The Information sufficiently averred that: consummated, it is immaterial that sexual intercourse or
committed. Her Certificate of Live Birth shows that she
1) petitioner committed an act of qualified lascivious acts had not taken place and that the victim
was born on 10 September 2014. Moreover, AAA's trafficking in persons by offering AAA to David for consented thereto. The mere transaction consummates
photograph, which was presented before the RTC and sex or exploitation; the crime.
attached in the record of the case, manifestly shows that
AAA is indeed a minor. 2) the act was done for a fee; and Thus, this Court sustains the conviction of Celis of the
crimes charged.
Second, the prosecution witness Gadgode of the LCR 3) for prostitution, sexual exploitation, forced labor,
categorically narrated Locker, Stone, and Alvarez's slavery, involuntary servitude, or debt bondage.
concerted act of registering and simulating AAA's birth People v. XXX260639 2023
with Locker as her mother and Alvarez as the midwife.
People v. Celis 2023 The Court sustains the conviction of accused-­appellant
As to the presence of the elements for violation of Section
The elements of Qualified Trafficking in Persons were all for the crime of Qualified Trafficking in Persons,
4-A, paragraph (e) on acquiring custody of a child for the
duly established herein. particularly under Sec. 4 (a) and (e) in relation to Sec. 6 (a)
purpose of selling him/her, first, it was established above
of RA 9208, as amended by RA 10364.
that AAA is a child. Second, the prosecution witness SPO4 First, Celis recruited AAA262197 et al. by inviting them to
Salubre positively identified petitioner in open court as a party, with the promise of a good time and the Here, it was particularly established that
the person in custody of AAA when the police authorities possibility of earning. He transported them to Turtles 1) accused-appellant approached the agents and
rescued her and that she was part of a collective effort to KTV on board two taxicabs and offered them to a group of asked them if they were looking for women to
allow Locker to bring AAA, the baby she bought from 10 men. have sex with in exchange for P1,000.00 for each
BBB, to the United States of America. girl[51] and even asked the agents to choose who,
Second, Celis deceived AAA262197 et al. and took
As such, petitioner's conviction for Attempted Trafficking advantage of their vulnerability due to their age, or social among the girls he brought to them, they will hire;
in Persons under Section 4-A, paragraphs (d) and (e) of or economic circumstances. 2) accused-appellant offered DDD's services to a
RA 9208, as amended by RA 10364 must be upheld. "guest" and then instructed her to look for more
Anent the third element, it has been sufficiently
established that Celis's act of trafficking is for the girls to give to the "guests;" and
purpose of having AAA262197 et al. engaged by another in 3) all of the complainants confirmed that
Santiago, Jr. v. People 2019
sexual intercourse or lascivious conduct and other forms accused-appellant looked for "guests" who will pay
The trial court correctly convicted petitioner for violation of sexual exploitation. for sexual services and that they must give

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 216 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

accused-appellant P200.00 to P300.00 from the amended by RA No. 10364.

5.2.1. through the use of force or
money that they will receive from the "guests."
3. Here, AAA narrated that Jerrie hired her as a intimidation, or
For failure of the prosecution to discharge the burden of domestic helper. Jerrie took advantage of her lack of
5.2.2. when the victim is deprived of reason
proving the age of the offended parties, the qualifying money and relatives in Manila, and used force and
or otherwise unconscious, or
circumstance under Sec. 6 (a) of RA 9208 cannot be intimidation to compel her (1) to remove her clothes
appreciated in this case. Nonetheless, since the crime was and exhibit her naked body before a web camera for 5.2.3. by means of fraudulent machination
committed in large scale or against four persons, the the viewing and enjoyment of foreign clients, (2) to or grave abuse of authority, or
qualifying circumstance under Sec. 6 (c) of RA 9208 must have intercourse and to perform other lascivious 5.2.4. when the victim is under 12 years of
be applied and the appropriate penalties must be acts with Jerrie and Mark in front of a web camera age or is demented.
imposed. while foreign clients were watching, and (3) to have
6. Jerrie is guilty beyond reasonable doubt of three
intercourse and to perform other sexual acts with
counts of rape. AAA candidly narrated her
foreign clients for money and other consideration.
harrowing experience in the hands of Jerrie, and
People v. Arraz 2022 Lopez, M., J.
4. The prosecution was able to establish that Jerrie established that Jerrie had carnal knowledge of her
The Court has long recognized the lack of uniformity in the committed two counts of trafficking in persons through force and intimidation, and while she was
manner of behavior of rape victims during or after a rape against AAA qualified by the fact that the crime was heavily intoxicated and deprived of reason.
incident. At any rate, Section 3(a) of RA No. 9208 is explicit that committed for over 60 days.
Cybercrime Prevention Act
the crime of trafficking in persons can exist even with the victim's Rape
7. Lastly, Jerrie was charged with violation of Section
consent.
5. Jerrie was also charged with three counts of rape 4(c)(1) of RA No. 10175. The element of 'engaging in a
WON Jerrie was properly convicted of the charges. under Articles 266-A(1)(a), 266-A(1)(b); and 266-A(2) business' is necessary to constitute the illegal
in relation to Article 266-B of The RPC. To sustain a cybersex. Three elements must be established to
1. YES. Jerrie was properly convicted of the charges
conviction for rape through sexual intercourse, the successfully prosecute the crime of cybersex:
filed against him.
prosecution must prove the following elements
Anti-Trafficking in Persons Act 7.1. engagement, maintenance, control, or
beyond reasonable doubt:
operation, directly or indirectly, of any
2. Jerrie was charged with two counts of trafficking 5.1. that the accused had carnal knowledge of the lascivious exhibition of sexual organs or
under Section 4(a) and (e) in relation to Section 3(a), victim; and sexual activity;
(c), (h), and (j), qualified under Section 6(h), and
5.2. that said act was accomplished 7.2. with the aid of a computer system; and
penalized under Section 10(e) of RA No. 9208, as

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 217 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

lack of evidence. predisposed to commit the offense of trafficking

7.3. for favor or consideration.
even before P/Supt. Puapo initiated contact with
8. The prosecution was able to prove Jerrie's guilt 2. Instigation means luring the accused into a crime
that he, otherwise, had no intention to commit, in her. The victims testified that Rosario regularly dealt
beyond reasonable doubt of the crime of cybersex with customers regarding their bar fine. Rosario's
order to prosecute him. On the other hand,
through the testimony of AAA, the report of NUP act of transacting with the customers who pay the
Salcedo that the hard drives, memory cards, and entrapment is the employment of ways and means
in order to trap or capture a lawbreaker. bar fine when taking the victims out for sexual
USB flash drives seized from the house of Jerrie services was first revealed to the police operatives
contained pictures and videos of naked girls in 3. The subjective test inquires on the accused's during the surveillance operation, which enabled
compromising positions. It was established that predisposition to commit the offense charged, his them to secure the search warrant implemented
Jerrie distributed the lewd photos and videos of AAA state of mind and inclination before his initial during the entrapment.
to Patrick who paid him via local money transfer. exposure to government agents. Under the objective
test, he court considers the nature or the police 6. As to the complaints filed by BBB, JJJ, III, OOO, and
activity involved and the propriety of police DDD, the Court affirms Rosario's conviction. The
conduct. The inquiry is focused on the inducements prosecution was able to establish the following
People v. Craste 2022 Lopez, M., J.
used by government agents, on police conduct, not elements beyond reasonable doubt:
The Rule on Examination of a Child Witness allows the
on the accused and his predisposition to commit the 6.1. The act of "recruitment, transportation,
admission of hearsay statement when the child is unavailable,
crime. transfer or harboring, or receipt of persons
and the testimony is corroborated by other admissible evidence.
with or without the victim's consent or
4. The test of entrapment is whether the conduct of the
In criminal cases, the admission of hearsay evidence would be a knowledge, within or across national
law enforcement agent was likely to induce a
violation of the constitutional provision that the accused shall borders."
normally law-abiding person, other than one who is
enjoy the right to confront the witnesses testifying against him
ready and willing, to commit the offense; for 6.2. The means used which include "threat or use
and to cross-examine them. A conviction based on proof that
purposes of this test, it is presumed that a of force, or other forms of coercion,
violates the constitutional right of an accused is a nullity and the
law-abiding person would normally resist the abduction, fraud, deception, abuse of power
court that rendered it acted without jurisdiction in its rendition.
temptation to commit a crime that is presented by or of position, taking advantage of the
WON Rosario is guilty beyond reasonable doubt of eight the simple opportunity to act unlawfully. vulnerability of the person, or, the giving or
counts of qualified trafficking in persons as charged in the receiving of payments or benefits to achieve
5. Here, applying both tests, the police operatives
Informations. conducted a valid entrapment operation. Rosario, as the consent of a person having control over
the mamasang of private complainants, was another"; and
1. YES. However, she is acquitted in TWO counts for

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 218 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

sworn statements executed before the police that violates the constitutional right of an accused is
6.3. The purpose of trafficking is exploitation
which includes "exploitation or the station. The defense objected to their admission a nullity and the court that rendered it acted
prostitution of others or other forms of because the sworn statements were not identified without jurisdiction in its rendition. Accordingly,
sexual exploitation, forced labor or services, by AAA and LLL in open court as the prosecution Rosario must be acquitted for lack of evidence.
slavery, servitude or the removal or sale of failed to present them as witnesses. The RTC
12. Lastly, the RTC properly convicted Rosario of
organs. overruled the objection and admitted the sworn trafficking in persons committed in large scale,
statements as an exception to the hearsay rule citing characterized as qualified trafficking in persons
7. The FIVE complainants were recruited and the Rule on Examination of a Child Witness.
maintained by Rosario for the purpose of under Section 6 (c).
prostitution or sexual exploitation. They were 10. The Child Witness Rule does not apply to AAA and
offered for sexual services to foreign customers in LLL's case.
exchange for the payment of the "bar fine" with People v. BBB and XXX 2022
10.1. As regards AAA, the prosecution failed to
Rosario as their mamasang. All of them are follow the guidelines to prove that she is All the elements of qualified trafficking in persons are
considered minors under Section 3 (b) of RA No. below the age of 18 years to qualify as a child present.
9208. The minority of the victims dispenses with the witness. No document, as required in the
First. Based on AAA's Certificate of Live Birth, she was
need to prove the existence of threat, force, first two guidelines, was presented, and
only 13 years old at the time her spurious marriage with
coercion, abduction, fraud, deception, abuse of neither did the prosecution present the
XXX took place. Appellant also admitted that she is the
power, or the giving of payment as means to testimony of a qualified witness.
mother of AAA.
perpetrate trafficking in persons, pursuant to the
10.2. Similarly, LLL does not qualify as a child
second paragraph of Section 3 (a). Second. Appellant committed several acts showing her
witness. Her sworn statement revealed that
intention to force and deceive her own daughter, AAA,
8. At any rate, it was proven that Rosario employed she was already 21 years old.
into marrying XXX for the purpose of sexual
fraud in recruiting the victims because she
11. AAA and LLL's unidentified sworn statements exploitation. Appellant knew since the beginning that
promised them jobs as waitresses, when in fact, cannot be treated as exceptions to the hearsay rule. XXX was already sexually abusing AAA, but she did
they were employed as dancers and offered for In criminal cases, the admission of hearsay evidence nothing. In fact, she even triggered it each time. The trial
prostitution. would be a violation of the constitutional provision court even pointed out that as early as nine (9) to ten (10)
9. As for the complaints filed by AAA and LLL, the that the accused shall enjoy the right to confront the years old, appellant already allowed XXX to lick AAA's
Court ACQUITS Rosario. The RTC, in convicting witnesses testifying against him and to vagina on the pretext that he needed to cure his protein
Rosario in these cases, relied on their respective cross-examine them. A conviction based on proof deficiency.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 219 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the testimonies of PSI Cruz, and representatives from the or services, slavery, servitude or the removal or
Third. Appellant took advantage of AAA's minority and
vulnerability when she coerced her to submit to the Department of Justice and the Department of Social sale of organs."
sexual desires of XXX as a form of payment for his Welfare and Development who conducted the
Here, all the elements of the crime are present.
financial support to the family. entrapment. They recalled the steps they had taken to
verify the report of AAA's mother, and how they 1. XXX recruited or hired AAA by instructing her
Fourth. The abuses went on for several years since AAA eventually rescued her. It is settled that denial fails when and BBB to bring other minor females at the hotel
was only nine (9) years old until she reached the age of 14 the prosecution positively ascertains the and introducing them to different customers on
when appellant saw the possibility of marrying her off to accused-appellant's identity. separate occasions;
XXX.
2. XXX took advantage of AAA's vulnerability as a
Fifth. Not satisfied with the marriage alone, appellant, minor child and as someone who was in need of
too, allowed XXX to have sexual intercourse with AAA to People v. XXX 2022 money; and
consummate their marriage.
People v. Casio identified the elements of Trafficking in 3. The purpose of such acts was for AAA and the
Finally. One week after the marriage, appellant assisted Persons, as follows: other minor females to engage in sexual
AAA in the CFO to get a passport so that she could be with intercourse or to render sexual services to several
1. The ACT of "recruitment, transportation, transfer
XXX. To ensure that AAA would obtain a passport despite men in exchange for money.
or harboring, or receipt of persons with or
her minority, appellant submitted a falsified marriage
without the victim's consent or knowledge, within As to the charge of Rape, XXX claimed that the presence
certificate showing that AAA was already of age. of force, threat, or intimidation is lacking since AAA
or across national borders;"
disclosed in her sworn statement that she needed money
2. The MEANS used which include "threat or use of
and willingly went with BBB after finding out that the
People v. Tabieros 2021 force, or other forms of coercion, abduction,
latter earned money by prostituting herself. However, the
fraud, deception, abuse of power or of position,
The trafficked victim's testimony that she was sexually prosecution sufficiently established that he had carnal
taking advantage of the vulnerability of the
exploited is "material to the cause of the prosecution."[53] knowledge of AAA through force and intimidation by
person, or, the giving or receiving of payments or
Here, AAA clearly recalled her suffering and positively pulling her and pinning her down, and inserting his
benefits to achieve the consent of a person having
identified accused-appellant as the bar's cashier who penis into her vagina, against her will and without her
control over another;" and
would instruct her to go with the supposed clients. consent.
3. The PURPOSE of trafficking is exploitation which
AAA's clear recollection of events and positive In sum, the Court finds no cogent reason to overturn the
includes "exploitation or the prostitution of others
identification of accused-appellant was corroborated by findings of the RTC, as affirmed by the CA.
or other forms of sexual exploitation, forced labor

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 220 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

testimony as to her age, i.e., 14 years old at the time of the exploitation. AAA and other young girls danced on
People v. XXX 2022 incident, and XXX's express and clear admission of her stage and performed other sexually exploitative
age during the pre-trial in the stipulation of facts, acts to lure customers to go to the VIP rooms.
Here, the prosecution had duly established all the sufficiently established AAA's minority. These stipulations
2. At the time AAA was hired until her rescue during
elements of Qualified Trafficking in Persons. are binding on the court because they are considered the entrapment operation, she was a child, below
XXX hired or recruited AAA and DDD, FFF, and EEE, on judicial admissions within the contemplation of Section 18 years of age.
the pretext of being waitresses in a bar but were forced to 4, Rule 129.
3. XXX was a police officer and likewise the
entertain male customers, by accompanying and XXX's conviction of Qualified Trafficking in Persons in owner-proprietor of the Bar.
drinking alcohol with them in the bar or in a private view of AAA's minority, in violation of Section 4 (a), in
room, to be subjected to lascivious acts, and to engage in relation with Sections 6 and 10, of RA 9208 is affirmed. 4. YYY and XXX similarly offered the sexual services
sexual intercourse, all for a fee. of AAA and other girls to customers.

As to the failure of the prosecution to present the original Accused-appellants' bare denials were uncorroborated
or certified true copy of AAA's birth certificate, People v. People v. XXX and YYY 2021 and weak. Their roughly drawn defense hinged on AAA's
Pruna laid down the guidelines in appreciating age as an desistance as complainant. A recantation or an affidavit
The charge against and conviction of XXX and YYY fall
element of the crime or as a qualifying circumstance. In of desistance is viewed with suspicion and reservation.
under Sec 4 (a and e) in relation to Sec 6 (a and f) of RA
the absence of a certificate of live birth, authentic The Court looks with disfavor upon retractions of
9208. Sec 3(a) of RA 9208 clearly provides that the
document, or the testimony of the victim's mother or testimonies previously given in court.
recruitment and receipt of a child for purposes of
relatives concerning the victim's age, the complainant's exploitation, even if it does not involve the means listed Here, the direct testimony of AAA attesting that XXX and
testimony will suffice provided that it is expressly and in the same provision, will be considered "Trafficking in YYY recruited and hired her for purposes of sexual
clearly admitted by the accused. It is the prosecution that Persons." exploitation and prostitution is corroborated by the
has the burden of proving the age of the offended party. testimonies of BBB and PO3 Ong as well as pieces of
The failure of the accused to object to the testimonial Here, the prosecution established beyond reasonable
physical evidence. Despite the self-contradiction, several
evidence regarding age shall not be taken against him. doubt that accused-appellants XXX and YYY committed
unrefuted points from AAA's testimony can be refracted:
The trial court should always make a categorical finding acts of Trafficking in Persons under RA 9208 which were
qualified by the minority of one of the victims and the 1. her minority,
as to the age of the victim.
status of XXX as a police officer. 2. the sexual services she performed for customers,
Granting that the prosecution failed to offer the original
or certified true copy of AAA's birth certificate, the latter's 1. AAA was recruited by YYY and hired by XXX to 3. the utility of the VIP rooms, and
work in for the purpose of prostitution or sexual

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 221 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

victim, were held to be proper respondents in the

4. the bar fine arrangement. case.
Lastly, that the accused had no knowledge of AAA's Anti-Violence Against Women and
minority is irrelevant based on People v. Casio which ruled E their Children Act of 2004 Definition of Terms
that trafficking in persons can still be committed even if R.A. No. 9262, Secs. 3, 5, 8-16 and 24-27
1. "Physical Violence" refers to acts that include
the victim gives consent.
bodily or physical harm;
Who can be victims of VAWC
1. woman who is 2. "Sexual violence" refers to an act which is sexual in
People v. Bawalan 2021 nature, committed against a woman or her child. It
a. offender’s wife,
includes, but is not limited to:
Here, the elements of the offense of trafficking in persons
b. former wife, or a
were sufficiently established by the testimonies of the a. rape, sexual harassment, acts of lasciviousness
prosecution witnesses. 2. woman with whom the offender xxx;

1. AAA categorically stated that Bawalan instructed a. has or had a sexual or dating relationship, or b. acts causing or attempting to cause the victim to
her to go with a poseur-customer after Bawalan b. has a common child with, or against engage in any sexual activity by force, threat of
received money from the latter. force, physical or other harm or threat of
3. The woman’s child whether legitimate or
physical or other harm or coercion;
2. AAA also stated that in the previous incidents, she illegitimate, within or without the family abode.
would be taken to the cemetery and motel, was c. Prostituting the woman or child.
videotaped naked, and had sexual intercourse Who can commit VAWC
3. "Psychological violence" refers to acts or
with her customers. 1. VAWC may likewise be committed “against a woman omissions causing or likely to cause mental or
3. Accused-appellants took advantage of her with whom the person has or had a sexual or dating emotional suffering of the victim such as but not
vulnerability. relationship.” limited to intimidation, harassment, stalking,
2. The use of the gender-neutral word “person” who has damage to property, public ridicule or humiliation,
While the prosecution failed to prove the victim's
minority due to the absence of her birth certificate, it or had a sexual or dating relationship with the repeated verbal abuse and marital infidelity. xxxx
however established that the crime was committed by a woman encompasses even lesbian relationships. 4. "Economic abuse" refers to acts that make or
group of three persons, and by an ascendant and a person 3. It does not preclude the application of the principle attempt to make a woman financially dependent
exercising authority over the victim. of conspiracy under the RPC. Thus, in the case of which includes, but is not limited to the following:
Go-Tan v. Spouses Tan, the parents-in-law of the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 222 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the conjugal or common money, or

a. withdrawal of financial support or preventing e) Attempting to compel or compelling the woman or
the victim from engaging in any legitimate her child to properties;
profession, occupation, business or activity, f) Inflicting or threatening to inflict physical harm on
i) engage in conduct which the woman or her
except in cases wherein the other spouse/partner child has the right to desist from or oneself for the purpose of controlling her actions or
objects on valid, serious and moral grounds as decisions;
defined in Article 73 of the Family Code; ii) desist from conduct which the woman or her
child has the right to engage in, or g) Causing or attempting to cause the woman or her
b. deprivation or threat of deprivation of financial child to engage in any sexual activity which does not
resources and the right to the use and enjoyment attempting to restrict or restricting the woman's or constitute rape, by force or threat of force, physical
of the conjugal, community or property owned her child's freedom of movement or conduct by force harm, or through intimidation directed against the
in common; or threat of force, physical or other harm or threat of woman or her child or her/his immediate family;
physical or other harm, or intimidation directed
c. destroying household property; against the woman or child. h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms
d. controlling the victims' own money or properties This shall include:
or solely controlling the conjugal money or or causes substantial emotional or psychological
properties. i) Threatening to deprive or actually depriving distress to the woman or her child.
the woman or her child of custody to her/his This shall include:
Acts of Violence Against Women family;
i) Stalking or following the woman or her child
and Their Children ii) Depriving or threatening to deprive the in public or private places;
woman or her children of financial support
The crime of violence against women and their children is ii) Peering in the window or lingering outside
legally due her or her family, or deliberately
committed through any of the following acts: the residence of the woman or her child;
providing the woman's children insufficient
a) Causing physical harm to the woman or her child; financial support; iii) Entering or remaining in the dwelling or on
b) Threatening to cause the woman or her child the property of the woman or her child
iii) Depriving or threatening to deprive the
physical harm; woman or her child of a legal right; against her/his will;

c) Attempting to cause the woman or her child iv) Preventing the woman in engaging in any iv) Destroying the property and personal
physical harm; legitimate profession, occupation, business belongings or inflicting harm to animals or
or activity or controlling the victim's own pets of the woman or her child; and
d) Placing the woman or her child in fear of imminent
physical harm; mon4ey or properties, or solely controlling

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 223 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

v) Engaging in any form of harassment or c) facilitating the opportunity and ability of the ii) to stay away from the residence,
violence; victim to independently regain control over school, place of employment, or any
her life. specified place frequented by the
i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child, petitioner and any designated family
3) The protection orders that may be issued under this
including, but not limited to, Act are the or household member;

i) repeated verbal and emotional abuse, and a) barangay protection order (BPO), d) Directing lawful possession and use by
petitioner of an automobile and other
ii) denial of financial support or custody of b) temporary protection order (TPO) and essential personal effects, regardless of
minor children of access to the woman's ownership;
c) permanent protection order (PPO).
child/children.
4) The protection orders that may be issued shall e) Granting a temporary or permanent custody
Prescriptive Periods include any, some or all of the following reliefs: of a child/children to the petitioner;

a) Prohibition of the respondent from f) Directing the respondent to provide support

1. 20 Years. — (A) to (F);
to the woman and/or her child if entitled to
i) threatening to commit or
2. 10 Years. — (G) to (I). legal support.
committing, personally or through
Protection Orders another, any of the acts of violence; g) Prohibition of the respondent from any use
or possession of any firearm or deadly
1) A protection order is an order issued for the ii) harassing, annoying, telephoning,
weapon and order him to surrender the same
purpose of preventing further acts of violence contacting or otherwise
to the court;
against a woman or her child and granting other communicating with the petitioner,
necessary relief. directly or indirectly; h) Restitution for actual damages caused by the
violence inflicted, including, but not limited
2) The relief granted under a protection order serve the b) Removal and exclusion of the respondent
to, property damage, medical expenses,
purpose of from the residence of the petitioner;
childcare expenses and loss of income;
a) safeguarding the victim from further harm, c) Directing the respondent
i) Directing the DSWD or any appropriate
b) minimizing any disruption in the victim's i) to stay away from petitioner and agency to provide petitioner may need; and
daily life, and designated family or household
j) Provision of such other forms of relief as the
member at a distance specified by the
court deems necessary.
court, and

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 224 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

5) A petition for protection order may be filed by any of c) If a family court exists in the place of 1. Cycle of violence — “each of the phases of the cycle
the following: residence of the petitioner, the application of violence must be proven to have characterized at
shall be filed with that court. least two battering episodes”
a) the offended party;
b) parents or guardians of the offended party; 7) The application must be in writing, signed and 2. The final acute episode preceding the killing of the
verified under oath by the applicant. It may be filed batterer must have produced in the battered
c) ascendants, descendants or collateral
a) as an independent action or person’s mind an actual fear of an imminent harm
relatives within the fourth civil degree of
from her batterer and an honest belief that she
consanguinity or affinity; b) as incidental relief in any civil or criminal
needed to use force to save her life.
case the subject matter or issues thereof
d) officers or social workers of the DSWD or
partakes of any acts of violence. 3. At the time of the killing, the batterer must have
social workers of LGUs;
posed probable — not necessarily immediate and
e) police officers, preferably those in charge of 8) All TPOs and PPOs issued shall be enforceable
actual — grave harm to the woman, based on the
women and children's desks; anywhere in the Philippines. history of violence. (People v. Genosa)
f) Punong Barangay or Barangay Kagawad; Other Notes to Ponder
Battered Woman Syndrome as a Defense
g) lawyer, counselor, therapist or healthcare 1. Public Crime. — Violence against women and their
has three phases
provider of the petitioner; children shall be considered a public offense which
1. The tension-building phase — minor batterings, may be prosecuted upon the filing of a complaint by
h) At least two (2) concerned responsible
verbal or slight physical abuse occurs. The victim any citizen having personal knowledge of the
citizens of the city or municipality where the
either pacifies the batterer or stays out of his way; circumstances involving the commission of the
violence occurred and who has personal
knowledge of the offense committed. 2. Acute battering phase — characterized by brutality, crime.
destructiveness or death. The victim realizes that 2. Prohibited Defense. — Being under the influence of
6) Where to Apply. —
she cannot reason with him and resistance would alcohol, any illicit drug, or any other mind-altering
a) for BPOs. — shall follow the rules on venue only exacerbate her condition; substance shall NOT be a defense.
under Section 409 of the LGC of 1991;
3. Tranquil period — batterer may show a tender and
b) for a TPO or PPO. — in the RTC, MTC, nurturing behavior. Knutson v. Sarmiento-Flores 2022 En Banc Lopez, M., J.
MeTC. MCTC. MTCC with territorial
Requisites for BWS as a Defense Mothers may be offenders in the context of RA No. 9262.
jurisdiction over the place of residence of the
petitioner.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 225 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

child. The fact that a social legislation affords special woman with whom such offender has a common
WON the father can avail of the remedies under RA No. 9262 child;
protection to a particular sector does not
on behalf of his minor child against the mother's violent and
automatically suggest that its members are 3) The offender causes on the woman and/or child
abusive acts.
excluded from violating such law. mental or emotional anguish; and
1. YES. RA No. 9262 allows the father of the offended
5. Logically, a mother who maltreated her child 4) The anguish is caused through acts of public
party to apply for protection and custody orders.
resulting in physical, sexual, or psychological ridicule or humiliation, repeated verbal and
2. Section 9 (b) of RA No. 9262 explicitly allows violence defined and penalized under RA No. 9262 is emotional abuse, denial of financial support or
"parents or guardians of the offended party" to file a not absolved from criminal liability custody of minor children or access to the
petition for protection orders. Absolute Sentencia notwithstanding that the measure is intended to children or similar such acts or omissions.
Expositore Non Indiget. The law speaks in clear protect both women and their children.
language and no explanation is required. Similarly, What R.A. No. 9262 criminalizes is not the marital
the statute did not qualify on who between the infidelity per se but the psychological violence causing
parents of the victim may apply for protection mental or emotional suffering on the wife. Marital
AAA v. BBB 2018
orders. Ubi lex non distinguit, nec nos distinguere infidelity as cited in the law is only one of the various
May Philippine courts exercise jurisdiction over an offense acts by which psychological violence may be committed.
debemus. When the law does not distinguish, the
constituting psychological violence under RA 9262 committed Thus, the mental or emotional suffering of the victim is an
courts must not distinguish.
through marital infidelity, when the alleged illicit relationship essential and distinct element in the commission of the
3. Here, the offended party is Rhuby, a minor child, occurred or is occurring outside the country? offense.
who allegedly experienced violence and abuse. Thus,
YES. In Dinamling v. People, this Court already had What may be gleaned from Section 7 of R.A. No. 9262 is
Randy may assist Rhuby in filing the petition as the
occasion to enumerate the elements of psychological that the law contemplates that acts of violence against
parent of the offended party. Randy is not asking for
violence under Section 5(i) of R.A. No. 9262: women and their children may manifest as transitory or
a protection order in his favor. As intimated earlier,
Randy filed the petition on behalf of their minor 1) The offended party is a woman and/or her child or continuing crimes. Even if the alleged extra­marital affair
daughter Rhuby. The petition is principally and children; causing the offended wife mental and emotional anguish
directly for the protection of the minor child and is committed abroad, the same does not place a
2) The woman is either the wife or former wife of the
not the father. prosecution under R.A. No. 9262 absolutely beyond the
offender, or is a woman with whom the offender
reach of Philippine courts.
4. RA No. 9262 covers a situation where the mother has or had a sexual or dating relationship, or is a
committed violent and abusive acts against her own

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 226 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Dabalos v. RTC 2013 anguish and mental suffering to be proven. To establish acts that make or attempt to make a woman financially
emotional anguish or mental suffering, jurisprudence dependent. Specifically, Sec. 5, par. (e)(2) of RA 9262
In Ang v. Court of Appeals, the Court enumerated the
only requires that the testimony of the victim be penalizes the deprivation of financial support legally due
elements of the crime of violence against women
presented in court, as such experiences are personal to the woman or child, which is a continuing offense.
through harassment, to wit:
this party.
All the elements of a violation of Sec 5 (e)(2) of RA 9262 are
1. The offender has or had a sexual or dating
present, as it was established that:
relationship with the offended woman;
Melgar v. People 2018 1. XXX and AAA were married after being pregnant
2. The offender, by himself or through another,
re Denial of financial support with BBB;
commits an act or series of acts of harassment
against the woman; and Psychological violence is the means employed by the 2. XXX acknowledged BBB as his child;

3. The harassment alarms or causes substantial perpetrator, while mental or emotional anguish is the 3. he failed to provide sufficient support for BBB;
emotional or psychological distress to her. effect caused to or the damage sustained by the offended
4. he withheld financial support for BBB due to the
party. To establish psychological violence as an element of
Notably, while it is required that the offender has or had a ire he felt towards his wife;
the crime, it is necessary to show proof of commission of
sexual or dating relationship with the offended woman, 5. he only provided financial support after the
any of the acts enumerated in Section 5 (i) or similar acts.
for RA 9262 to be applicable, it is not indispensable that complaint against him in the Prosecutor's Office
And to establish mental or emotional anguish, it is
the act of violence be a consequence of such relationship. was filed.
necessary to present the testimony of the victim as such
It is immaterial whether the relationship had ceased for
experiences are personal to this party." Thus, in cases of Under Article 195 (4) of the Family Code, a parent is
as long as there is sufficient evidence showing the past or
support, it must be first shown that the accused's denial obliged to support his child, comprising everything
present existence of such relationship between the
thereof — which is, by itself, already a form of economic indispensable for sustenance, dwelling clothing, medical
offender and the victim when the physical harm was
abuse — further caused mental or emotional anguish to the attendance, education, and transportation, in keeping
committed.
woman-victim and/or to their common child. with the financial capacity of the family. The amount of
support shall be in proportion to the necessity of the
recipient and the means of the person obliged to give
Araza v. People 2020
XXX v. People 2021 support.
The law does not require proof that the victim became
XXX committed economic abuse. Economic abuse is one Here, XXX deliberately deprived his son BBB of financial
psychologically ill due to the psychological violence done
of the acts of violence punished by RA 9262. It refers to support for the latter's sustenance, clothing, medical, and
by her abuser. Rather, the law only requires emotional

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 227 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

educational expenses. He was only able to give a total of dangerous drugs and/or controlled precursors and
14) Failure to maintain and keep original records of
about P10K in a span of five years. He is capable of giving essential chemicals; transactions on dangerous drugs and/or controlled
support based on his ITR for the year 2009 when his gross 3) Maintenance of a dangerous drug den, dive or precursors and essential chemicals;
compensation was P234K. As admitted by petitioner resort;
15) Unnecessary prescription of dangerous drugs;
himself, he failed to provide support from 2005 to 2008
4) Being employees or visitors of a dangerous drug 16) Unlawful prescription of dangerous drugs.
after he got angry at AAA for the latter's failure to bring
den, dive or resort;
BBB to him on Christmas day. However, it should be
5) Manufacture of dangerous drugs and/or controlled Sale of dangerous drugs
BBB's best interest that should prevail over the spouses'
conflict with each other. precursors and essential chemicals; 1) Identities of the buyer and seller, the object, and the
consideration; and
Since RA 9262 is a special law, the act of deprivation of 6) Illegal chemical diversion of controlled precursors
financial support is considered malum prohibitum. and essential chemicals; 2) The delivery of the thing sold and the payment for it.
Petitioner's argument of absence of malice or intent is 7) Manufacture or delivery of equipment, instrument,
People v. Fernandez 2014
immaterial and the only inquiry to be made is whether or apparatus and other paraphernalia for dangerous
not XXX committed the act. drugs and/or controlled precursors and essential The accused were charged not only with the sale of
chemicals; cocaine but also with the delivery and distribution
thereof, which is committed by the mere delivery of the
8) Possession of dangerous drugs;
Comprehensive Dangerous Drugs prohibited drug. The consideration therefor is of no
9) Possession of equipment, instrument, apparatus & moment. The law has defined “deliver” as “any act of
Act of 2002
other paraphernalia for dangerous drugs;
F R.A. No. 9165, as amended by R.A. No. 10640, Secs. knowingly passing a dangerous drug to another,
4, 5, 6, 11-15, 21, 23-27, 29, 66, 68 and 98; A.M. 10) Possession of dangerous drugs during parties, social personally or otherwise, and by any means, with or
18-03-16-SC; IRR of R.A. No. 9165, Sec. 21 gatherings or meetings; without consideration.”

11) Possession of equipment, instrument, apparatus

Acts punished
and other paraphernalia for dangerous drugs during
1) Importation of dangerous drugs and/or controlled People v. Jaime de Motor 2019
parties, social gatherings or meetings;
precursors and essential chemicals; The delivery of the illicit drug to the poseur-buyer and the
12) Use of dangerous drugs;
2) Sale, trade, administration, dispensation, delivery, receipt by the seller of the marked money successfully
13) Cultivation or culture of plants classified as consummate the buy-bust transaction. What is material is
distribution and transportation (STA3DT) of
dangerous drugs or are sources thereof;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 228 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the proof that the transaction or sale actually took place, PDEA Forensic Laboratory for a qualitative and To ensure the integrity of the seized drugs, the
coupled with the presentation in court of the prohibited quantitative examination; prosecution must account for each link in the chain of
drug, the corpus delicti, as evidence. 3) A certification of the forensic laboratory custody, as follows:
examination results, which shall be done under 1. the seizure and marking, if practicable, of the
Possession of dangerous drugs oath by the forensic laboratory examiner, shall be illegal drug recovered from the accused by the
1) Actual or constructive possession; issued within twenty-four (24) hours after the apprehending officer;
receipt of the subject item/s.
2) Unauthorized by law; 2. the turn-over of the seized illegal drug to the
Chain of Custody Procedure investigating officer;
3) Free and conscious possession.
1) Police officer to place his marking on the plastic 3. the turn-over by the investigating officer of the
Chain of custody container containing the suspected substance. illegal drug to the forensic chemist for laboratory
1) The apprehending team having initial custody and 2) Turns over to supervising officer. examination; and
control of the drugs shall, immediately after seizure
3) Sends by courier to the police crime lab for testing. 4. the turn-over and submission of the illegal drug
and confiscation, physically inventory and
from the forensic chemist to the court.
photograph the same in the presence of the accused 4) After testing and verifying nature of substance,
or the person/s from whom such items were technician puts his own mark on new container and Here, the first link had been complied with. The
confiscated and/or seized, or his/her representative seal. necessary witnesses — an elective government official,
or counsel, a representative from the media and the Manalo, and a member of the media, Trinidad, were
EXC
DO), and any elected public official who shall be present during the conduct of inventory, which was done
1. What is imperative is the preservation of the immediately after seizure. Both witnesses signed the
required to sign the copies of the inventory and be
integrity and the evidential value of the seized items as Receipt of Physical Inventory. While the markings made
given a copy thereof;
the same would be utilized in the determination on the items were not exactly as directed in the PNP
2) Within twenty-four (24) hours upon of the guilt or innocence of the accused. Manual, the markings made by PO1 Villarino using his
confiscation/seizure of dangerous drugs, plant
2. Prosecution must recognize and explain the initials still served the purpose.
sources of dangerous drugs, controlled precursors
lapse or lapses in the prescribed procedure. There was also no break in the second link. People v.
and essential chemicals, as well as
(saving mechanism under Sec 21[a]) Casilang reiterated that the usual procedure is that the
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the police officer who seizes the suspected illegal drug turns
People v. Hernandez 2022
it over to a supervising officer who will then send it to the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 229 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

police crime laboratory for testing. Casilang also held that contaminated, changed, or altered while in PO2 from the possession of Nora. PO3 Tutor admittedly did
there was substantial compliance with the second link Comia's custody. not immediately mark the said elongated plastic sachets
considering that the prosecution was able to record the at the place of the apprehension but only made the
2. Absent the testimony of PO2 Comia, the person
movement of the seized item at each stage, from the time who supposedly received the illegal drugs from marking at the police station. The sachets were mingled
of seizure to its receipt by the forensic laboratory. PO1 Villarino, makes the third link in the chain of with each other and the lack of marking thus made it
impossible for the prosecution to identify which item was
Here, while there was no turnover to the investigating custody flawed.
officer, the movement of the seized items was duly subject of the sale, and which sachets were confiscated
3. Anent the fourth link, there was a missing link from Nora's possession. This critical lapse on the part of
recorded and the identities of the persons who had from the point when the drugs were in the hands
custody thereof as well as the date and time when the apprehending officers made the initial link in the
of PCI Huelgas, to the point when the same were chain of custody unreliable.
transfer was made were appropriately established. People submitted to the court.
v. Macaspac likewise decreed that the failure of the Upon arrival at the police station, PO3 Tutor placed his
apprehending officer to turn over the seized item to an 4. Thus, it was not convincingly shown whether the markings on the seized items and indorsed them, as well
investigator if the apprehending officer remained in specimens submitted to the court were the same as the accused, to the desk officer, PO2 Ahadain. PO3
custody of the same until the evidence was submitted to plastic sachets of shabu that were actually Tutor testified that he personally delivered the specimen
the Crime Laboratory, was not a breach in the chain of recovered from Donato. to PO1 Marron of the crime laboratory for examination.
custody. Here, PO1 Villarino took charge of the seized The foregoing lapses in the chain of custody of the illegal However, there is no evidence on record indicating how
items from the moment of confiscation up to its drug purportedly seized from Donato, fatally he handled and preserved the identity of the seized drugs
submission to the crime laboratory. compromised its integrity and evidentiary value. while he was in possession thereof before handing it over
to PSI Fabian. There are also no informative details as to
However, the prosecution FAILED to demonstrate
observance of the third and fourth links in the chain of how PSI Fabian handled and preserved the identity of the
custody. People v. Mariano 2022 seized drugs before and after she conducted the
qualitative examination.
1. While it appears that the requests were stamp Here, the prosecution failed to establish the first, third
received by PO2 Comia, the latter was not and fourth links. Consequently, there is doubt on whether the supposed
presented in court to shed light on the condition shabu seized from accused-appellant were the same ones
One plastic sachet containing what appears to be shabu
of the contraband when it was received, as well as submitted to the crime laboratory, and eventually,
was the subject of the sale transaction between Nora and
presented in court.
the necessary precautions employed to ensure PO3 Tutor and another 40 pieces of elongated plastic
that the seized illegal drugs were not sachets, also believed to contain shabu, were recovered Here, while the buy-bust operation took place on August

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 230 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

6, 2011, the inventory of the seized items was only Department of Justice (DOJ), and People v. Ruiz 2019
conducted on August 8.
3. any elected public official who shall be required to Under R.A. 10640, the marking, physical inventory and
In sum, the prosecution failed to prove Nora's guilt sign the copies of the inventory and be given a photographing of the seized items by the apprehending
beyond reasonable doubt for the police officers' copy thereof. team shall be conducted immediately after seizure and
non-compliance with the chain of custody and Section 21 confiscation, and in the presence of the accused or the
Was the chain of custody preserved in this case?
of RA 9165. persons from whom such items were confiscated and/or
NO. First of all, the confiscated items were not marked
seized, or his/her representative or counsel. The law also
Physical Inventory, Photograph, Marking of Seized Evidence immediately after the seizure. Secondly, the law
mandates that the foregoing be witnessed by specific
specifically required that the marking must be witnessed
1. In seizures covered by search warrants, physical persons, namely:
inventory and photograph must be done where the by the accused. Thirdly, another substantial gap in the
chain of custody concerned the absence of any a) an elected public official; AND
warrant was served.
representative of the media or of the DOJ, and of the b) a representative of the National Prosecution
2. In warrantless seizures, such as buy-busts, may be elected public official during the buy-bust operation and Service or the media.
done at the nearest police station or office of the at the time of the confiscation of the dangerous drugs
apprehending team/officer. from the accused in the area of operation. And, lastly, the
3. A buy-bust operation is not invalidated by mere arresting officers did not prepare any inventory of the People v. De Lumen 2019
non- coordination with the PDEA. confiscated items, and did not take photographs of the re Saving Mechanism Clause
items. The IRR of the law provides that noncompliance with the
People v. Reyes 2016
requirements of Section 21, under justifiable grounds,
The apprehending officer/team having initial custody and will not render void and invalid the seizure and custody
control of the drugs shall, immediately after seizure and People v. Alon-Alon 2019 over the seized items so long as the integrity and
confiscation, physically inventory and photograph the The chain of custody rule requires testimony as to every evidentiary value of the seized items are properly
same in the presence of link in the chain, describing how and from whom the preserved by the apprehending team. Accordingly, the
seized evidence was received, its condition in which it prosecution must satisfactorily prove that:
1. the accused or the person/s from whom such
items were confiscated and/or seized, or his/her was delivered to the next link in the chain, and the a) there is justifiable ground for noncompliance; and
representative or counsel, precautions taken to ensure its integrity.
b) the integrity and evidentiary value of the seized
2. a representative from the media and the items are properly preserved.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 231 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

the integrity and evidentiary value of the seized items

Place of marking vs place of inventory 1. his or her representative; and
have been properly preserved. However, the police
2. his or her counsel. officers did not bother to explain their failure to follow
Lescano v. People 2016
As to the representative of the National Prosecution the protocol.
As regards the items seized and subjected to marking,
Service, a representative of the media may be present in Here, the links are riddled with abnormalities. The
Section 21(1) of RA 9165, as amended, requires the
his or her place. apprehending officer (PO2 Paule) did not mark the seized
performance of two (2) actions: physical inventory and
photographing. Section 21(1) is specific as to when and People v. Garcia underscored that the mere marking of items immediately after seizure at or near the place of
where these actions must be done. As to when, it must be seized paraphernalia, unsupported by a physical arrest. PO2 Holanda, the investigating officer, was the
"immediately after seizure and confiscation." As to inventory and taking of photographs, and in the absence one who marked the evidence even if he was not present
where, it depends on whether the seizure was supported of the persons required by Section 21 to be present, does during the actual seizure. It is not clear if PO2 Holanda
by a search warrant. If a search warrant was served, the not suffice. properly turned over the seized items to the crime
physical inventory and photographing must be done at laboratory.
the exact same place that the search warrant is served. In In all, although the elements of Illegal Possession of
case of warrantless seizures, these actions must be done CICL XXX v. People 2022 Dangerous Drugs and Drug Paraphernalia were present,
"at the nearest police station or at the nearest office of the Here, the police officers did not mark, inventory, or the integrity and evidentiary value of the confiscated
apprehending officer/team, whichever is practicable." photograph the confiscated items immediately after the items were compromised because the police officers did
Moreover, Section 21(1) requires at least three (3) persons seizure. Although petitioners admitted that a video not follow the stringent requirements of Section 21 (1),
to be present during the physical inventory and recording of them was captured at the basketball court, Article II of R.A. 9165 as well as its IRR.
photographing. These persons are: the prosecution did not present the footage. There is no
evidence at all demonstrating that the marking, Who may be witnesses during search and
1. the accused or the person/s from whom the items
inventory, or photography were conducted, contrary to inventory
were seized;
the clear mandate of RA 9165.
2. an elected public official; and People v. Castillo 2019
In addition, no insulating witnesses were likewise
3. a representative of the National Prosecution present to affirm the proper confiscation and recording The requirement of conducting inventory and taking of
Service. of the illegal drugs and paraphernalia. The prosecution photographs immediately after seizure and confiscation
should sufficiently justify its non-compliance with the necessarily means that the required witnesses must also
There are, however, alternatives to the first and the third.
procedure based on meritorious grounds, provided that be present during the seizure and confiscation. The
As to the first, there are two (2) alternatives:

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 232 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

presence of third-party witnesses is not an empty of arrest was a remote area;

The Court finds that the police officers failed to comply
formality in the conduct of buy-bust operations.
2. their safety during the inventory and photograph with the witness-requirement of Section 21, Article II of
The seizure and marking of the dangerous drugs from of the seized drugs was threatened by an RA 9165.
the accused to the apprehending officer form the first immediate retaliatory action of the accused or any
crucial link in the chain of custody. The marking of the person/s acting for and in his/her behalf;
evidence serves to separate the marked evidence from the People v. Ortega 2022
3. the elected official themselves were involved in the
corpus of all other similar or related evidence from the punishable acts sought to be apprehended; Prior to the amendment of Sec 21 of RA 9165, three
time they are seized from the accused until they are
4. earnest efforts to secure the presence of a DOJ or witnesses were required, namely:
disposed of at the end of the criminal proceedings, thus,
preventing switching, planting or contamination of media representative and an elected public official 1. a representative from the media;
evidence. within the period required under Article 125 of the
2. a representative from the DOJ; and
RPC prove futile through no fault of the arresting
In People v. Tomawis, this Court declared that the officers, who face the threat of being charged with 3. any elected public official.
third-party witnesses required by Section 21 must be arbitrary detention; or Here, only the barangay official, Andres, was present
present as early as the time of apprehension.
5. time constraints and urgency of the anti-drug during the time the police officers conducted the
Here, the absence of witnesses during seizure and operations, which often rely on tips of inventory of the seized drugs.
marking casts reasonable doubt on the actual origin and confidential assets, prevented the law enforcers Further, the Inventory/Confiscation Receipt was not
identity of the drugs introduced in evidence. from obtaining the presence of the required signed by Ortega or by his counsel or representative, as
witnesses even before the offenders could escape. required by Section 21. It was also admitted by the
The IRR of RA 9165 allows, however, for non-compliance prosecutor handling the case that there was no proof that
People v. Vinluan 2022
with the rules on chain of custody as long as there is a Ortega and the required witness/es were furnished a copy
People v. Baluyot, citing People v. Lim holds that in the event justifiable reason, and the integrity and evidentiary value of the said document.
of absence of one or more of the witnesses, the of the seized items are preserved. Here, there were no While the absence of the required witnesses does not per
prosecution must allege and prove that their presence representatives from the media and the DOJ. Nowhere in se render the confiscated items inadmissible, a justifiable
during the inventory of the seized items was not obtained the records does it show that the police officers employed reason for such failure or a showing of any genuine and
due to reasons such as: earnest efforts to procure the attendance of the other sufficient effort to secure the required witnesses must
1. their attendance was impossible because the place required witnesses. first be adduced by the prosecution. Here, the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 233 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

prosecution did not adduce any explanation as to why the MPD Press Corp. People v. Addin 2019
police officers deviated from the procedure under Section
People v. Tomawis held that he presence of the three Here, the police officers failed to observe the procedure in
21. witnesses must be deemed not only during the inventory relation to the seizure and custody of dangerous drugs or
The parties' stipulation to dispense with the testimony of but more importantly at the time of the warrantless the chain of custody; which is found in Section 21(1),
forensic chemist PI Navarro did not fully cover the arrest. The IRR of R.A. No. 9165 provides for a saving Article II of RA 9165, prior to its amendment by RA 10640.
necessary pieces of information as required by clause to ensure that not every non-compliance with the
Section 21 of RA 9165, prior to its amendment, mandates
jurisprudence, namely: procedure for the preservation of the chain of custody
that the marking, photographing and inventory of the
will prejudice the prosecution's case.
1. that the forensic chemist received the seized seized items be done in the presence of representatives
article as marked, properly sealed, and intact; For the saving clause to apply, however, the following from the media and the DOJ, and any elected public
must be present: official. Here, the police only managed to secure the
2. that he resealed it after examination of the
content; and 1. the existence of justifiable grounds to allow presence and signature of a representative from the
departure from the rule on strict compliance; and media. No explanation was provided why the presence of
3. that he placed his own marking on the same to
a representative from the DOJ and any elected public
ensure that it could not be tampered with pending 2. the integrity and the evidentiary value of the
official was not secured.
trial. seized items are properly preserved by the
apprehending team. Jurisprudence states that there should be evidence to
Consequently, a huge gap in the chain of custody of the
show that earnest efforts were employed by the
seized drugs is created. In all, the prosecution failed to In all, the prosecution failed to:
prosecution in order to secure the attendance of the
show that the chain of custody was properly preserved.
1. overcome appellant's presumption of innocence; necessary witnesses. Relevantly, this lapse casts doubt
2. prove that the requirements of securing three upon the integrity and evidentiary value of the seized
witnesses had been complied with; item.
People v. Arellaga 2020
3. offer any explanation for non-compliance with In conclusion, the prosecution failed to show that the
Here, the buy-bust team failed to establish the presence chain of custody was properly preserved. Therefore, proof
Section 21; and
of the three required witnesses at the time of the beyond reasonable doubt was likewise not established.
inventory and photograph taking of the drugs. Neither 4. prove the corpus delicti of the crime with moral
was it shown that there were justifiable grounds for their certainty.
absence. The Inventory of Property/Seized shows that Uy v. People 2022
there was only one (1) witness, a certain Crisostomo of the

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 234 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

The Rule on Chain of Custody was not complied with. control of the place is not necessary. PP vs. Tira, May
11) Accessory penalty of DQ from exercising civil and
Section 21 of RA 9165 requires the apprehending officers 28, 2004 political rights, or suspension of such rights
to immediately conduct the marking, physical inventory 2) Any person convicted for drug trafficking or pending appeal.
and photograph of the seized drugs. pushing cannot avail of Probation Law.
12) Voluntary submission of a drug dependent to
Moreover, the physical inventory and taking of 3) Positive finding for the use of dangerous drugs shall confinement, treatment and rehabilitation:
photographs shall be conducted in the presence of: be a qualifying aggravating circumstance in the
a) By himself or through parent, spouse,
1. the accused or the persons from whom such items commission of any crime. guardian, relative within 4th degree, apply to
were confiscated and/or seized, or his/her 4) Attempt or conspiracy penalized by same penalty in Board;
representative or counsel; Nos 1, 2, 3, 5 and 13.
b) Board submits to Court which orders
2. a representative from the media; 5) Criminal liability of public officer or employee for examination for dependency;
3. a representative from the DOJ; and misappropriation, misapplication or failure to
c) DOH-accredited physician issues
account confiscated, seized and/or surrendered certification of dependency;
4. an elected public official, after seizure and articles is Life-Death and 500K-10M + Absolute
confiscation. Perpetual DQ. d) Court orders treatment and rehab in a
Here, an inventory report was not accomplished by any Board-designated Center for at least 6
6) Any elective official who benefited from proceeds months; Provided, may be placed under care
of the police officers. Absent the inventory report, the shall be removed from office and perpetually DQ
required presence of the insulating witnesses cannot be of DOH-accredited physician, if (1) no
from holding position in government. available Center, or (2) offender is below 18
considered to have been complied with.
7) Government officials and employees meted with and a 1st-time offender.
Due to lapses in the chain of custody and ultimately, lack MAX penalty + Absolute Perpetual DQ.
of compliance with Section 21, Article II of RA 9165, e) Confinement not to exceed 1 year. The Board
petitioner's acquittal is warranted. 8) Planting Evidence = Death. and Court shall be apprised by the head of
the Center of the status.
9) In case of juridical persons, the partner, president,
NOTES director, manager, trustee, estate administrator, or f) Determine whether further confinement
1) Constructive possession – when the drug is under officer who consents and knowingly tolerates shall required.
the dominion and control of the accused or he has be co-principal.
13) Exemption from Criminal Liability under
the right to exercise such dominion or control over
10) Unless penalty is death, alien offender is Voluntary Submission Program
the place where it is found. Exclusive possession or immediately deported after service of sentence.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 235 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

restore the accused to his status prior to the People v. Macaspac 2019
a) Complied with rules and regulations;
case. re Illegal Transport of Dangerous Drugs
b) Has never been charged or convicted of any
offense under this Act, RPC, or any special 3) Privilege of Suspended Sentence to be Availed Only The core element of illegal transporting of dangerous
penal laws; Once drugs is the movement of the dangerous drug from one
4) Promulgation of Sentence - should the offender place to another. "To transport" means "to carry or convey
c) No record of escape, Provided in case of
violate any condition. from one place to another." There was no definitive
escape, shall surrender 1 week from said
moment when an accused "transports" a prohibited drug.
escape. 5) Probation or Community Service in Lieu of
When the circumstances establish the purpose of an
Imprisonment.
d) Poses no serious danger to himself, family, accused to transport and the fact of transporting itself,
and community. 16) Parent, spouse, guardian who refuses to cooperate there should be no question as to the perpetration of the
may be cited for contempt. criminal act. The fact that there is actual conveyance
14) The period of prescription under the compulsory
submission program shall not run during the time 17) Required procedure on the seizure and custody of suffices to support a finding that the act of transporting
the drug dependent is under confinement, or under drugs under Sec 21(1) Art II RA 9165: Shall, was committed. The law does not dictate the threshold
treatment and rehabilitation approved by the Board. immediately after seizure and confiscation, how far the drugs should have been transported to fall
physically inventory and photograph, the same in within the limits of illegal transporting of dangerous
15) Provisions Applicable to First-Time Offenders
the presence of the accused, or his counsel, a drugs. Further, in cases of illegal transporting of
1) Suspension of sentence - over 15 yrs old at the representative from media and the DOJ, and any prohibited drugs, it is immaterial whether or not the place of
time of commission but not more than 18 at elected official, who shall sign said inventory, and be destination is reached.
the promulgation of judgment, Provided: given a copy of.
a) not been previously convicted, 18) Chain of custody establishes the identity of the
People v. Paguinto 2023 Lopez, M., J.
b) not been previously committed to a substance from the moment item is seized up to the
Center or care of a DOH-accredited time it is offered in evidence. The failure to allege in the Information the quantity or weight of
physician; and 19) There can be no crime of illegal possession of the dangerous drugs is not fatal to sustain a judgment of
c) Board favorably recommends so. prohibited drug if nagging doubts persist on conviction. At most, such omission will only affect the penalty to
whether the item confiscated is the same specimen be imposed upon the accused.
2) Discharge After Compliance with Conditions of
examined. WON the chain of custody was broken.
Suspended Sentence - expunge all records,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 236 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

effectivity of the amendatory law, which relaxed the operation through the "objective test."
1. NO. The chain of custody was not broken. Also,
contrary to Mark Anthony's theory, the presentation requirement on insulating witnesses, and now
1. NO. The prosecution failed to establish the
of an informant is not a requisite in the prosecution allows the physical inventory to be made at the buy-bust operation through the "objective test."
of drug cases. nearest police station or office of the apprehending
team, whichever is practicable. 2. People v. Doria explained that the "objective test"
2. Informants are usually not presented in court requires the details of the purported transaction
considering the need to hide their identities and 6. Here, the prosecution sufficiently established the during the buy-bust operation to be clearly and
preserve their invaluable services to the police. movement and custody of the seized drugs. adequately shown, i.e.,
3. The testimony of the informant may be dispensed 7. All told, the Court finds no reversible error on the a. the initial contact between the
with, unless: part of the CA in affirming the RTC's judgment of poseur-buyer and the pusher,
conviction.
3.1. the accused vehemently denies selling b. the offer to purchase the drug, and the
prohibited drugs and there are material 8. At most, the drug's weight is crucial to determine promise or payment of the consideration,
inconsistencies in the testimonies of the only the penalty prescribed for the offense. In case
of failure to allege in the information the quantity or c. payment using the buy-bust or marked
arresting officers; money,
weight of the dangerous drugs, the lowest possible
3.2. there are reasons to believe that the penalty must be imposed. d. up to the consummation of the sale by the
arresting officers had motives to falsely delivery of the illegal drug subject of the
testify against the accused; or sale whether to the informant alone or the
3.3. only the informant was the poseur-buyer Tan v. People 2021 Lopez, M., J. police officer.
who actually witnessed the entire
The "objective test" requires that the prosecution paint a clear 3. Here, the prosecution failed to clearly establish
transaction. the details of the purported sale. Nothing in the
picture of how the initial contact between the buyer and the
4. None of the exceptions obtains in this case. The pusher was made. It is not enough to show that there was an records shows the initial contact between the
presentation of the informant was no longer exchange of money and illegal drugs. The details that led to such poseur-buyer and the seller.
necessary precisely because of the testimony of PO2 exchange must be clearly and adequately accounted for. Failing 4. The offer to buy, the willingness to sell, and the
Agsawa, who recounted a first-hand account of the in which will certainly cast a doubt on the veracity of the whole agreed purchase price were not satisfactorily
transaction as the poseur-buyer. buy-bust operation. shown.
5. The crimes, in this case, were committed after the 5. There was no indication that PO2 Jose directly saw
I. WON the prosecution was able to establish the buy-bust

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 237 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

an illegal drug being sold to the poseur-buyer. subject of the sale at the place of the buy-bust transaction between Jasper and the poseur-buyer
They were positioned 10 to 15 meters away from operation. was made at the gate of Jasper's house.
Jasper and the informant, but PO2 Jose said he
3. What happened to the item in the possession of 3. The police officers searched his room in the
saw Jasper gave the informant shabu in exchange the poseur-buyer was left unexplained since PO2 presence of the barangay captain. There is no
for P200. Jose's testimony did not describe this gap in the evidence on record showing that Jasper was brought
6. No witness who had personal knowledge of the chain of custody. to his room to observe the search of the premises. A
alleged transaction which took place between the reading of PO2 Jose's testimony reveals that Jasper
4. PO2 Jose also did not testify as to the marking of
poseur-buyer and Jasper was presented. the items seized. Nowhere did PO2 Jose narrate did not witness the search conducted.
7. The poseur-buyer would have established what who did the marking, and when and where the 4. Such a procedure violates Section 8 Rule 126 of the
transaction took place, but he was not presented. items seized were marked. Rules of Court which specifically provides that "no
While it is true that a conviction may be search of a house, room or any other premises shall
5. Also, nowhere in PO2 Jose's testimony did he
confirmed notwithstanding the non-presentation identify the seized items to be the same ones be made except in the presence of the lawful
of the poseur-buyer in the buy-bust operation, presented in court as he did not identify the occupant thereof or any member of his family or in
such non-presentation is excusable only when the seized items. Inarguably, these gaps in the chain the absence of the latter, two witnesses of sufficient
poseur-buyer's testimony is merely corroborative, of custody render the identity and integrity of the age and discretion residing in the same locality."
there being some other eyewitness who is corpus delicti dubious. 5. Failure to comply with the safeguards provided by
competent to testify on the sale transaction. law in implementing the search warrant makes the
6. Accordingly, whatever evidence the police officers
8. On this note alone, the guilt of Jasper as to illegal recovered from Jasper lose their integrity and search unreasonable. Thus, the exclusionary rule
sale of dangerous drugs is already doubtful. evidentiary value because of the violation of the applies, i.e., any evidence obtained in violation of
this constitutional mandate is inadmissible in any
II. WON the prosecution was able to establish an unbroken mandatory requirements of the law.
chain of custody. proceeding for any purpose.
III. WON the search conducted after Jasper's arrest was
1. NO. The prosecution failed to establish an proper. 6. Without the confiscated shabu, no evidence is left to
unbroken chain of custody. convict Jasper. An acquittal for both charges is
1. NO. The search conducted was improper. warranted.
2. It is unclear how the item subject of the buy-bust 2. The place to be searched based on the search
operation was turned over to the police officers. warrant is Jasper's room inside a house where the
PO2 Jose did not testify that he received the item accused resides. As found by the trial court, the Quiap v. People 2021 Lopez, M., J.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 238 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

unbroken chain of custody.

The presence of the insulating witnesses is the first requirement to 2.4. the submission of the item by the forensic
ensure the preservation of the identity and evidentiary value of chemist to the court.
the seized drugs.
3. Here, the records reveal a broken chain of custody.
Reyes, Jr. v. People 2021 Lopez, M., J.
WON the chain of custody was properly observed. 4. The absence of a representative of the National
In case the presence of any or all the insulating witnesses was not
1. NO. The utter disregard of the required procedures Prosecution Service or the media as an insulating
obtained, the prosecution must allege and prove not only the
created a huge gap in the chain of custody. witness to the inventory and photograph of the
reasons for their absence, but also the fact that earnest efforts
seized item puts serious doubt as to the integrity of
2. Here, the absence of the required insulating were made to secure their attendance.
witnesses during the inventory and photograph of the first link.
WON the police officers failed to comply with the chain of
the seized item puts serious doubt as to the 5. Here, it was only Kagawad Bulaun who signed the
custody rule and that the prosecution failed to establish Reyes'
integrity of the chain of custody. Admittedly, there inventory of evidence. Yet, the operatives failed to
guilt beyond reasonable doubt.
was no representative from the media and the provide any justification showing that the integrity
Department of Justice, and any elected public 1. YES. Reyes is acquitted as the chain of custody is of the evidence had all along been preserved.
official. broken.
6. Hence, Reyes must be acquitted of the charges
3. Moreover, the link between the investigating officer 2. The prosecution must satisfactorily established the against him given the prosecution's failure to prove
and the forensic chemist was not established with movement and custody of the seized drug through an unbroken chain of custody.
certainty. The police officers did not describe the the following links:
precautions taken to ensure that there had been no 2.1. the confiscation and marking, if practicable,
change in the condition of the seized item and no of the specimen seized from the accused by People v. Mazo 2020 Lopez, M., J.
opportunity for someone not in the chain to have the apprehending officer; The presence of the witnesses must be secured not only during the
possession of the dangerous drug.
2.2. the turnover of the seized item by the inventory but, more importantly, at the time of the warrantless
4. The records show that SPO2 Macabajon received the apprehending officer to the investigating arrest. It is at this point in which the presence of the witnesses is
specimen from PO3 Sales. Yet SPO2 Macabajon did officer; most needed.
not testify on how the seized item fell into the hands
2.3. the investigating officer's turnover of the WON Nico and Joey are guilty for illegal sale and possession
of the forensic chemist PSI Bombasi.
specimen to the forensic chemist for of dangerous drugs.
5. Leonides must be acquitted of the charge against examination; and
1. NO. The chain of custody is broken.
him given the prosecution's failure to prove an

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 239 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

showing that the integrity of the evidence had all infirmities. The heat-sealed plastic sachet
2. The first stage in the chain of custody is the marking
of dangerous drugs which is indispensable in the along been preserved. Worse, it appears that the containing the shabu subject of the buy-bust was
preservation of their integrity and evidentiary barangay official was absent when the drugs were marked by PO1 Malate only in front of Councilor
value. seized. Hinggan. Also, the pictures taken during the
physical inventory and the Receipt/Inventory for
3. Here, the prosecution failed to account the details 7. Hence, Nico and Joey must be acquitted of the
charges against them given the prosecution's failure Property Seized showed that only one witness was
on how the confiscated items were marked. PO1 present — Councilor Hinggan.
Amante testified that he marked the sachet of shabu to prove an unbroken chain of custody.
he bought with "NICO," and the two sachets he 4. The police officers did not give a sufficient
recovered during frisking with "NICO­1" and explanation for their failure to summon a media
"NICO-2." Yet, there was no showing where and People v. Ilagan 2020 Lopez, M., J. representative or one from the NPS at the place of
when the seized drugs were marked. arrest. Instead, the prosecution simply claimed that
While the law enforcers enjoy the presumption of regularity in
the media representative went straight to the police
4. Similarly, the chain of custody rule requires the the performance of their duties, this presumption cannot prevail
station. However, there is no showing that a media
conduct of inventory and photograph of the seized over the constitutional right of the accused to be presumed
representative indeed arrived at the police station.
items immediately after seizure and confiscation. innocent, and it cannot by itself constitute proof of guilt beyond
Here, the inventory and photograph of the reasonable doubt. Indeed, when the performance of duty is 5. The second link in the chain of custody is the
confiscated items were not made immediately at the tainted with irregularities, such presumption is effectively transfer of the seized drugs by the apprehending
place of arrest but at the barangay hall. The police destroyed. officer to the investigating officer. Here, the
officers only made a general statement that the investigator or Officer on Case is PO3 Ernesto Reyes.
WON Leo should be acquitted.
place of arrest was hostile without elaborating any However, a perusal of the Chain of Custody Form
1. YES. The records reveal a broken chain of custody. shows that PO3 Reyes’ name and signature are not
threat on their security.
2. The absence of a representative of the National reflected therein. This means that seized items were
5. Lastly, the absence of a representative of the not transferred to the investigating officer. The
Prosecution Service (NPS) or the media as an
National Prosecution Service or the media as an second link is missing.
insulating witness to the inventory and photograph
insulating witness to the inventory and photograph
of the seized item puts serious doubt as to the 6. The same is true with the third link which involves
of the seized items, puts serious doubt as to the
integrity of the first link. the delivery by the investigating officer of the illegal
integrity of the confiscated items.
3. The first link that involves the marking and drug to the forensic chemist. There is no
6. The operatives also failed to provide any justification information on how PO3 Legaspi handled the seized
inventory of the seized items already displays

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 240 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

items and when these items were transferred to the physical inventory and photographing of the seized the request for laboratory examination on the two
custody of the forensic chemist. items must be in the presence of the accused and specimens from PO2 Bernabe. The stipulated
the following insulating witnesses: (1) a testimony of PCI Reyes failed to show how "PO2 J
7. With regard to the fourth link, the Court observed
that after marking the Chemistry Report submitted representative from the media; (2) the Department Rodriguez" turned-over the items to her and that
by Forensic Chemist Huelgas, the prosecution opted of Justice (DOJ); and (3) any elected public official, the integrity and evidentiary value of the specimens
to dispense with her testimony. The stipulations who shall sign the copies of the inventory and be was preserved.
made in lieu of the testimony of Forensic Chemist given a copy.
7. People v. Pajarin ruled that in ease the parties
Huelgas failed to state the precautions taken in 3. However, People v. Ramos explained that in case the agreed to dispense with the attendance and
safekeeping the seized drugs; hence, did not presence of any or all the insulating witnesses was testimony of the forensic chemist, it should be
produce the desired result in the matter pertaining not obtained, the prosecution must allege and prove stipulated that the forensic chemist would have
to the last link in the chain of custody. not only the reasons for their absence, but also the testified that he had taken the precautionary steps
fact that earnest efforts were made to secure their required to preserve the integrity and evidentiary
attendance. value of the seized item, thus:
People v. Buniel 2020 Lopez, M., J. 4. Here, there is no showing that the marking and 7.1. that the forensic chemist received the seized
In order that the seized items may be considered credible, the inventory were done in the presence of the three article as marked, properly sealed, and
prosecution must show, by records or testimony, the continuous insulating witnesses. That the marking and intact;
whereabouts of the exhibit, from the moment the item was picked inventory were done without the insulating
7.2. that he resealed it after examination of the
up to the time it is offered into evidence; in such a way that every witnesses, is evident in the testimony of content; and
person who touched the exhibit would describe how and from Crisostomo, who is a kagawad of another barangay
and a media practitioner, that "he did not see the 7.3. that he placed his own marking on the same
whom it was received, where it was and what happened to it
two (2) accused when he signed the inventory." to ensure that it could not be tampered with
while in the witness' possession; the condition in which it was
pending trial.
received and the condition it was delivered to the next link in the 5. In the Receipt of Property/Evidence Seized,
chain. Crisostomo is the lone signatory. Meanwhile, the 8. Finally, the presumption of regularity of
police officers did not explain the absence of a performance of official duty applies only when
WON Buniel should be acquitted.
representative from the DOJ and another elected nothing in the record suggests that the law
1. YES. The chain of custody is broken. enforcers deviated from the standard conduct of
public official.
2. The law and implementing rules mandate that the official duty required by law. It is not conclusive and
6. Also, it was a certain "PO2 J Rodriguez" who received

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 241 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

it cannot, by itself, overcome the constitutional certainty. The police officers did not describe the public official. Admittedly, the buy-bust team no
presumption of innocence. precautions taken to ensure that there had been no longer waited for the required witnesses so they can
change in the condition of the item and no timely deliver the suspected drugs to the crime
opportunity for someone not in the chain to have laboratory.
People v. Balbarez 2020 Lopez, M., J. possession of the same.
5. Hence, Diego must be acquitted of the charge
The Court identified the following matters which are ordinarily 4. In sum, the utter disregard of the required against him given the prosecution's failure to prove
covered by the testimony of the forensic chemist who examines the procedures created a huge gap in the chain of an unbroken chain of custody.
seized items: custody.

1) that he received the seized article as marked, properly

People v. Padua 2020 Lopez, M., J.
sealed and intact;
People v. Flores 2020 Lopez, M., J.
Police officers are compelled not only to state reasons for their
2) that he resealed it after examination of the content; and
The absence of the required insulating witnesses during the non-compliance, but must in fact, also convince the Court that
3) that he placed his own marking on the same to ensure inventory and photograph of the seized items puts serious doubt they exerted earnest efforts to comply with the mandated
that it could not be tampered pending trial. as to the integrity of the chain of custody. procedure, and that under the given circumstances, their actions
WON Marvin should be acquitted for failure to maintain the were reasonable.
WON the conviction of Diego should be overturned.
chain of custody. WON the conviction of Jemuel should be overturned.
1. YES. The chain of custody was broken.
1. YES. The chain of custody was broken. 1. YES. The chain of custody was broken.
2. Here, there was a threat to the security of the
2. Here, the absence of the required insulating entrapment team which forced them to 2. Here, the absence of a representative of the National
witnesses during the inventory and photograph of immediately proceed to the nearest police station. Prosecution Service or the media as an insulating
the seized items puts serious doubt as to the witness to the inventory and photograph of the
integrity of the chain of custody. Admittedly, there 3. Nevertheless, the absence of the required insulating
witnesses during the inventory and photograph of seized item puts serious doubt as to the integrity of
was no representative from the media and the the chain of custody.
Department of Justice, and any elected public the seized items puts serious doubt as to the
official. integrity of the chain of custody. 3. To be sure, only an elected public official signed the
inventory of evidence at the place of arrest.
3. Moreover, the link between the investigating officer 4. Here, there was no representative from the media
and the forensic chemist was not established with and the Department of Justice, and any elected 4. Worse, the items were photographed at the police

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 242 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

station without the presence of any insulating reasons for their absence, but also the fact that Offenses against computer data and systems
witness. earnest efforts were made to secure their
1) Illegal Access. – The access to the whole or any part of
attendance.
5. Hence, Jemuel must be acquitted of the charges a computer system without right.
against him given the prosecution's failure to prove 4. Here, there was no attempt on the part of the
2) Illegal Interception. – The interception made by
an unbroken chain of custody. buy-bust team to comply with the law and its
technical means without right of any non-public
implementing rules. The operatives likewise failed
transmission of computer data to, from, or within a
to provide any justification showing that the
computer system including electromagnetic
People v. Gandawali 2020 Lopez, M., J. integrity of the evidence had all along been
emissions from a computer system carrying such
preserved.
Sheer statements of unavailability of the insulating witnesses, computer data.
without actual serious attempt to contact them, cannot justify 3) Data Interference. — The intentional or reckless
non-compliance. alteration, damaging, deletion or deterioration of
Cybercrime Prevention Act of 2012
WON the conviction for illegal sale of dangerous drugs should G computer data, electronic document, or electronic
R.A. No. 10175, Secs. 4-7
be overturned as the police officers did not observe the proper data message, without right, including the
handling and custody of the seized item in the course of the Computer crimes, or Cybercrimes are crimes that introduction or transmission of viruses.
buy-bust operation. involve a computer and/or a network. 4) System Interference. — The intentional alteration or
1. YES. The accused are ACQUITTED. The chain of 1. The computer device or network as target; reckless hindering or interference with the
custody was broken as only an elected public official functioning of a computer or computer network by
2. The computer device or network as a tool. inputting, transmitting, damaging, deleting,
signed the inventory of evidence.
Acts punished deteriorating, altering or suppressing computer
2. The absence of a representative of the National
data or program, electronic document, or electronic
Prosecution Service or the media as an insulating The following acts constitute the offense of cybercrime
data message, without right or authority, including
witness to the inventory and photograph of the punishable under this Act:
the introduction or transmission of viruses.
seized item puts serious doubt as to the integrity of
1. Offenses against the confidentiality, integrity
the first link. 5) Misuse of Devices.
and availability of computer data and systems;
3. People v. Lim explained that in case the presence of 6) Cybersquatting. – The acquisition of a domain name
2. Computer-related Offenses;
any or all the insulating witnesses was not obtained, over the internet in bad faith to profit, mislead,
the prosecution must allege and prove not only the 3. Content-related Offenses.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 243 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

destroy reputation, and deprive others from

Provided, That if no damage has yet been caused, the Liability under Other Laws
registering the same. penalty imposable shall be one (1) degree lower.
A prosecution under this Act shall be without prejudice to
Computer-related Offenses Content-related Offenses any liability for violation of any provision of the RPC, as
1) Computer-related Forgery. — 1) Cybersex. — The willful engagement, maintenance,
amended, or special laws.
a. The input, alteration, or deletion of any control, or operation, directly or indirectly, of any
People v. Arraz 2022 Lopez, M., J.
computer data without right resulting in lascivious exhibition of sexual organs or sexual
inauthentic data with the intent that it be activity, with the aid of a computer system, for favor Jerrie was charged with violation of Section 4(c)(1) of RA
considered or acted upon for legal purposes as if or consideration. No. 10175, or the Cybercrime Prevention Act of 2012. The
it were authentic, regardless whether or not the Act seeks to punish cyber prostitution, white slave trade,
2) Child Pornography. — The unlawful or prohibited
data is directly readable and intelligible; or and pornography for favor and consideration. This
acts defined and punishable by RA 9775 or the
includes interactive prostitution and pornography, i.e.,
b. The act of knowingly using computer data which Anti-Child Pornography Act of 2009, committed
by webcam.
is the product of computer-related forgery as through a computer system:
defined herein, for the purpose of perpetuating The element of 'engaging in a business' is necessary to
Provided, That the penalty to be imposed shall be (1)
a fraudulent or dishonest design. constitute illegal cybersex. Three elements must be
one degree higher than that provided for in RA 9775.
established to successfully prosecute the crime of
2) Computer-related Fraud. — The unauthorized input, 3) Libel. — The unlawful or prohibited acts of libel as cybersex:
alteration, or deletion of computer data or program defined in Article 355 of the RPC, as amended,
or interference in the functioning of a computer 1. engagement, maintenance, control, or operation,
committed through a computer system or any other
system, causing damage thereby with fraudulent directly or indirectly, of any lascivious exhibition
similar means which may be devised in the future.
intent: of sexual organs or sexual activity;
All crimes defined and penalized by the RPC, and
Provided, That if no damage has yet been caused, the 2. with the aid of a computer system; and
special laws, if committed by, through and with the use
penalty imposable shall be one (1) degree lower. of information and communications technologies shall 3. for favor or consideration.
3) Computer-related Identity Theft. – The intentional be covered by the relevant provisions of this Act: Here, it was established that Jerrie distributed the lewd
acquisition, use, misuse, transfer, possession, photos and videos of AAA252353 to Patrick who paid him
Provided, That the penalty to be imposed shall be one (1)
alteration or deletion of identifying information degree higher than that provided for by the RPC and via local money transfer.
belonging to another, whether natural or juridical, special laws.
without right:

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 244 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Tolentino v. People 2018 the right to read his emails. Commercial speech is a
4. Section 4(c)(4) that penalizes online libel as VALID
re prescriptive period of cyberlibel separate category of speech which is not accorded the and CONSTITUTIONAL with respect to the original
Section 6 of RA No. 10175 provides that the "penalty to be same level of protection as that given to other author of the post; but VOID and
imposed shall be one (1) degree higher than that provided constitutionally guaranteed forms of expression but UNCONSTITUTIONAL with respect to others who
for by the Revised Penal Code (RPC), as amended, and is nonetheless entitled to protection. simply receive the post and react to it; and
special laws, as the case may be." As such, the former 2. Section 12 that authorizes the collection or recording 5. Section 5 that penalizes aiding or abetting and
penalty of prision correccional in it its minimum and of traffic data in real-time; attempt in the commission of cybercrimes as VALID
medium periods is increased to prision corrreccional in
It threatens the right of individuals to privacy. and CONSTITUTIONAL only in relation to Section
its maximum period to prision mayor in its minimum
Although it limits the collection of traffic data to those 4(a)(1) on Illegal Access, Section 4(a)(2) on Illegal
period. The new penalty, therefore, becomes afflictive,
“associated with specified communications”, this is Interception, Section 4(a)(3) on Data Interference,
following Section 25 of the RPC. Corrolarily, following
no limitation at all since it is the LEAs that would Section 4(a)(4) on System Interference, Section 4(a)(5)
Article 90 of the RPC, the crime of libel in relation to RA
specify the target communications. The power is on Misuse of Devices, Section 4(a)(6) on
10175 now prescribes in fifteen (15) years. Thus,
virtually limitless, enabling law enforcement Cyber-squatting, Section 4(b)(1) on Computer-related
respondent Eva Rose Pua's filing of the complaint on authorities to engage in “fishing expedition,” Forgery, Section 4(b)(2) on Computer-related Fraud,
August 8, 2017 against petitioner's Facebook post dated choosing whatever specified communication they Section 4(b)(3) on Computer-related Identity Theft,
April 29, 2015 was well within the prescriptive period for want. and Section 4(c)(1) on Cybersex; but VOID and
libel in relation to RA 10175. UNCONSTITUTIONAL with respect to Sections
3. Section 19 of the same Act that authorizes the
Department of Justice to restrict or block access to 4(c)(2) on Child Pornography, 4(c)(3) on Unsolicited
suspected Computer Data. Commercial Communications, and 4(c)(4) on online
Disini v. Sec. of Justice 2014 En Banc Libel.
This is violative of the constitutional guarantees to
VOID PROVISIONS
freedom of expression and against unreasonable
1. Section 4(c)(3) of Republic Act 10175 that penalizes searches and seizures. For an executive officer to seize
posting of unsolicited commercial communications; Special Protection of Children
content alleged to be unprotected without any judicial
Against Abuse, Exploitation, and
Unsolicited advertisements are legitimate forms of warrant, it is not enough for him to be of the opinion
H Discrimination Act
expressions. The recipient has the option of not that such content violates some law, for to do so
opening or reading these mail ads. To prohibit the would make him judge, jury, and executioner all R.A. No. 7610, Secs. 3, 5, 6, 10, 12, and 16, as amended
rolled into one. by R.A. No. 9231 and R.A. No. 11648
transmission of unsolicited ads would deny a person

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 245 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Definition of Terms 3) Circumstances which gravely threaten or endanger Children, whether male or female, who for money, profit,
the survival and normal development of children or any other consideration or due to the coercion or
1) "Children" refers to
include, but are not limited to, the following; influence of any adult, syndicate or group, indulge in
a) person below eighteen (18) years of age or a) Being in a community where there is armed
sexual intercourse or lascivious conduct, are deemed to
be children exploited in prostitution and other sexual
b) those over but are unable to fully take care of conflict or being affected by armed
themselves or protect themselves from conflict-related activities; abuse.
abuse, neglect, cruelty, exploitation or The penalty of reclusion temporal in its medium period to
b) Working under conditions hazardous to life,
discrimination because of a physical or safety and normal which unduly interfere reclusion perpetua shall be imposed upon the following:
mental disability or condition. with their normal development; a) Those who engage in or promote, facilitate or
2) "Child abuse" refers to the maltreatment, whether c) Living in or fending for themselves in the induce child prostitution which include, but are
habitual or not, of the child which includes any of streets of urban or rural areas without the not limited to, the following:
the following: care of parents or a guardian or basic 1) Acting as a procurer of a child prostitute;
a) Psychological and physical abuse, neglect, services needed for a good quality of life;
2) Inducing a person to be a client of a child
cruelty, sexual abuse and emotional d) Being a member of a indigenous cultural prostitute by means of written or oral
maltreatment; community and/or living under conditions advertisements or other similar means;
b) Any act by deeds or words which debases, of extreme poverty or in an area which is
3) Taking advantage of influence or relationship to
degrades or demeans the intrinsic worth and underdeveloped and/or lacks or has
procure a child as prostitute;
dignity of a child as a human being; inadequate access to basic services needed
for a good quality of life; 4) Threatening or using violence towards a child to
c) Unreasonable deprivation of his basic needs engage him as a prostitute; or
for survival, such as food and shelter; or e) Being a victim of a man-made or natural
disaster or calamity; or 5) Giving monetary consideration goods or other
d) Failure to immediately give medical pecuniary benefit to a child with intent to
treatment to an injured child resulting in f) Circumstances analogous to those above
engage such child in prostitution.
serious impairment of his growth and stated which endanger the life, safety or
development or in his permanent incapacity normal development of children. b) Those who commit the act of sexual intercourse of
or death. lascivious conduct with a child exploited in
Child Prostitution and Other Sexual Abuse prostitution or subject to other sexual abuse;

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 246 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

When the victim is under sixteen (16) years of age, 2. Under Section 5(b) when any person is receiving 2) When a person, agency, establishment or
the perpetrators shall be prosecuted under services from a child in a sauna parlor or bath, child-caring institution recruits women or couples
massage clinic, health club and other similar to bear children for the purpose of child trafficking;
1. Article 335(3), for rape and
establishments. or
2. Article 336, for rape, or lascivious conduct,
3. A penalty lower by two (2) degrees than that 3) When a doctor, hospital or clinic official or
as the case may be.
prescribed for the consummated felony under employee, nurse, midwife, local civil registrar or any
The penalty for lascivious conduct when the Section 5 hereof shall be imposed upon the other person simulates birth for the purpose of
victim is under sixteen (16) years of age shall principals of the attempt to commit the crime of child trafficking; or
be reclusion temporal in its medium period; child prostitution.
4) When a person engages in the act of finding
and
children among low-income families, hospitals,
c) Those who derive profit or advantage therefrom, Child Trafficking clinics, nurseries, day-care centers, or other
whether as manager or owner of the establishment child-during institutions who can be offered for the
1) Any person who shall engage in trading and dealing
where the prostitution takes place, or of the sauna, with children including, but not limited to, the act purpose of child trafficking.
disco, bar, resort, place of entertainment or of buying and selling of a child for money, or for any
establishment serving as a cover or which engages in consideration, or barter, shall suffer the penalty of Obscene Publication and Indecent Shows
prostitution in addition to the activity for which the reclusion temporal to reclusion perpetua.
license has been issued to said establishment. 1) Any person who shall hire, employ, use, persuade,
2) The penalty shall be imposed in its maximum period induce, or coerce a child to perform in obscene
Attempt to Commit Child Prostitution when the victim is under sixteen (16) years of age. exhibitions and indecent shows, whether live or, in
video, or model in obscene publications or
1. Under Section 5(a) when any person who, not being Attempt to Commit Child Trafficking pornographic materials, or to sell or distribute the
a relative of a child, is found alone with the said said materials shall suffer the penalty of prision
child inside the room or cubicle of a house, an inn, 1) When a child travels alone to a foreign country
mayor in its medium period.
hotel, motel, pension house, apartelle or other without valid reason therefor and without clearance
issued by the DSWD or written permit or 2) If the child used as a performer, subject, or
similar establishments, vessel, vehicle or any other
justification from the child's parents or legal seller/distributor is under eighteen (18) years of age,
hidden or secluded area under circumstances which
guardian; the penalty shall be imposed in its maximum
would lead a reasonable person to believe that the
period.
child is about to be exploited in prostitution and
other sexual abuse.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 247 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

remuneration, and the duration and

Employment of Children Before an accused can be held criminally liable for
arrangement of working time; and lascivious conduct under Section 5(b) R.A. No. 7610, the
GR: Children below fifteen (15) years of age shall not be
c) formulate and implement, subject to the Court held in Quimvel v. People that the requisites for Acts
employed
approval and supervision of competent of Lasciviousness, as penalized under Article 336 of the
EXC: authorities, a continuing program for RPC, must be met in addition to the requisites for sexual
1) When a child works directly under the sole training and skills acquisition of the child. abuse under R.A. No. 7610.
responsibility of his/her parents or legal guardian A child is deemed exploited in prostitution or subjected to
People v. Tubillo 2017
and where only members of his/her family are other sexual abuse when the child indulges in sexual
employed. Provided Under Section 5 (b), Article III of RA 7610 in relation to RA intercourse or lascivious conduct
a) His/her employment neither endangers 8353, if the victim of sexual abuse is below 12 years of age,
a) for money, profit or any other consideration; or
his/her life, safety, health, and morals, nor the offender should not be prosecuted for sexual abuse
b) under the coercion or any influence of any adult,
impairs his/her normal development. but for statutory rape under Article 266-A(1)(d) of the
syndicate or group.
RPC and penalized with reclusion perpetua.
b) The parent or legal guardian shall provide the
In the case of Olivarez v. CA, the Court explained that the
said child with the prescribed primary On the other hand, if the victim is 12 years or older, the
phrase "other sexual abuse," covers not only a child who is
and/or secondary education; or offender should be charged with either sexual abuse
abused for profit, but also one who engages in lascivious
under Section 5 (b) of RA 7610 or rape under Article 266-A
2) Where a child's employment or participation in conduct through the coercion or intimidation by an
(except par 1 [d]) of the RPC. However, the offender
public entertainment or information through adult. In the latter case, there must be some form of
cannot be accused of both crimes for the same act
cinema, theater, radio, television or other forms of compulsion equivalent to intimidation which subdues the
because his right against double jeopardy will be
media is essential. free exercise of the offended party's will.
prejudiced. A person cannot be subjected twice to
The following requirements in all instances are criminal liability for a single criminal act. Likewise, rape
strictly complied with: The employer shall cannot be complexed with a violation of Section 5 (b) of RA
Calaoagan v. People 2019
a) ensure the protection, health, safety, morals 7610. Under Section 48 of the RPC, a felony under the
and normal development of the child; RPC such as rape cannot be complexed with an offense Sec. 10(a) of R.A. No. 7610 penalizes an act when it
penalized by a special law. constitutes as child abuse. In relation thereto, Sec. 3(b)
b) institute measures to prevent the child's
highlights that in child abuse, the act by deeds or words
exploitation or discrimination taking into
must debase, degrade, or demean the intrinsic worth and
account the system and level of
People v. Basa, Jr 2019

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 248 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

dignity of a child as a human being. different from one another and from the act prejudicial to
2) the said act is performed with a child exploited in
the child's development.
When the infliction of physical injuries against a minor is prostitution or subjected to other sexual abuse;
done at the spur of the moment, it is imperative for the An accused can be prosecuted and be convicted under and
prosecution to prove a specific intent to debase, degrade, Section 10(a) if he commits any of the four acts therein.
3) the child is below 18 years old.
or demean the intrinsic worth of the child; otherwise, The prosecution need not prove that the acts of child
the accused cannot be convicted under Sec. 10(a) of R.A. abuse, child cruelty and child exploitation have resulted The penalty for sexual abuse performed on a child under
No. 7610. in the prejudice of the child because an act prejudicial to 18 years old but over 12 years old under Section 5(b) of
the development of the child is different from the former R.A. No. 7610 is reclusion temporal in its medium period
acts. to reclusion perpetua. The Court likewise considers the
Sanchez v. People alternative circumstance of relationship against Baraga
as an aggravating circumstance. Since there is an
Here, the applicable laws are Article 59 of P.D. No. 603 aggravating circumstance and no mitigating
Bongalon v. People 2013
and Section 10(a) of R.A. No. 7610. The use of "or" in circumstance, the penalty shall be applied in its
Section 10(a) of RA 7610 before the phrase "be responsible Not every instance of the laying of hands on a child maximum period, i.e., reclusion perpetua. Besides,
for other conditions prejudicial to the child's constitutes the crime of child abuse under Section 10 (a) Section 31 of R.A. No. 7610 expressly provides that the
development" supposes that there are four punishable of Republic Act No. 7610. Only when the laying of hands is penalty shall be imposed in its maximum period when
acts therein. First, the act of child abuse; second, child shown beyond reasonable doubt to be intended by the the perpetrator is, inter alia, the parent of the victim.
cruelty; third, child exploitation; and fourth, being accused to debase, degrade or demean the intrinsic worth
responsible for conditions prejudicial to the child's and dignity of the child as a human being should it be
development. The fourth penalized act cannot be punished as child abuse. Otherwise, it is punished under People v. Carlos Alhambra 2014
interpreted as a qualifying condition for the three other the RPC.
acts. The prosecution was able to establish Alhambra’s criminal
liability under Section 5(b) of R.A. No. 7610. First, AAA
People v. Baraga 2014 testified that, whilst clad only in towel after having taken
Araneta v. People a bath, her father forcibly removed her towel covering her
Sexual abuse under Section 5(b), Article III of R.A. No. body, kissed her on the neck, removed her
The Rules and Regulations of the questioned statute 7610 has three elements: undergarments, and kissed her on the other parts of her
distinctly and separately defined child abuse, cruelty and body. Second, Alhambra used his moral ascendancy and
1) the accused commits an act of sexual intercourse
exploitation just to show that these three acts are or lascivious conduct; influence over his daughter AAA to consummate his

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 249 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

lascivious design. Third, AAA was only 17 years old when enticement, coercion or influence (PIECI) where Age of Victim Under 12 years 12 years old or 18 years
the said incident happened. penalty is RT medium to RP. old or demented below 18, or 18 old and
Crime under special above
Alhambra’s assertion that he is not liable for sexual abuse 3. Over 18 Rape under RPC; Committed circumstances
under Section 5(b) since AAA is not a child engaged in Acts of Lasciviousness under RPC (prision
prostitution or of R.A. No.
prostitution or subjected to other sexual abuse is plainly correccional).
other sexual 7610: reclusion
without merit. The law covers not only a situation in
Designation of the Crime & Imposable abuse temporal in its
which a child is abused for profit but also one in which a
Penalty from Tulagan v. People 2019 En Banc medium period
child, through coercion or intimidation, engages in
any lascivious conduct. A child is deemed subjected to Age of Victim Under 12 years 12 years old or 18 years Rape under Sexual
“other sexual abuse” when he or she indulges in lascivious old or demented below 18, or 18 old and Sexual Article 266-A(1) Abuse under
conduct under the coercion or influence of any adult. As Crime under special above
Committed Intercourse of the RPC: Section 5(b)
established by the prosecution, Alhambra was only able to circumstances
committed reclusion of R.A. No.
consummate his lascivious design towards AAA through Acts of against perpetua, except 7610:
Acts of
coercion and with the use of his influence over the latter Lasciviousness children when the victim reclusion NA
Lasciviousness Lascivious
as her father. under Article exploited in is below 7 years temporal in
committed conduct
336 of the RPC prostitution or old in which its medium
Rape under RPC from sexual child abuse against under
in relation to other sexual case death period to
children Section 5(b) NA
1. Under 12 prosecute as Statutory Rape under RPC; Section 5(b) of abuse penalty shall be reclusion
exploited in of R.A. No.
penalty is RP R.A. No. 7610: imposed perpetua
prostitution or 7610:
prosecute as Acts of Lasciviousness under RPC, but reclusion
other sexual reclusion Rape under Rape under Rape
penalty provided under Sec. 5 (b), RA 7610 which is temporal in its
abuse temporal in Article 266-A(1) Article under
RT med. medium period
its medium in relation to 266-A(1) in Article
2. Over 12 but Under 18 either Rape under RPC (if any Sexual Assault Sexual Assault period to Rape by carnal Art. 266-B of relation to 266-A(1)
of 4 circumstances occur) committed under Article reclusion knowledge the RPC: Art. 266-B of of the
or RA 7610 if victim is “subjected to other sexual against 266-A(2) of the perpetua NA reclusion the RPC: RPC:
abuse” or under persuasion, inducement, children RPC in relation perpetua, except reclusion reclusion
exploited in to Section 5(b) when the victim perpetua perpetua

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 250 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Age of Victim Under 12 years 12 years old or 18 years Assault” under paragraph 2, Article 266-A of the RPC in a. catcalling, wolf-whistling, unwanted
old or demented below 18, or 18 old and relation to Section 5(b) of R.A. No. 7610. The imposable invitations, misogynistic, transphobic,
Crime under special above
Committed penalty is still reclusion temporal in its medium period, and homophobic and sexist slurs,
circumstances
not prision mayor.
b. persistent uninvited comments or gestures
is below 7 years
Whereas if the victim is 12 years old and under 18 years on a person's appearance,
old in which
old, or 18 years old and above under special
case death c. relentless requests for personal details,
circumstances, the nomenclature of the crime should be
penalty shall be d. statement of sexual comments and
"Lascivious Conduct under Section 5(b) of R.A. No. 7610"
imposed suggestions,
with the imposable penalty of reclusion temporal in its
Lascivious medium period to reclusion perpetua, but it should not make e. public masturbation or flashing of private
Conduct any reference to the provisions of the RPC. parts,
Sexual Assault Sexual
under It is only when the victim of the sexual assault is 18 years f. groping, or any advances, whether verbal or
under Article Assault
Section 5(b) old and above, and not demented, that the crime should physical, that is unwanted and has
266-A(2) of the under
of R.A. No. be called as "Sexual Assault under paragraph 2, Article threatened one's sense of personal space and
RPC in relation Article
Rape by Sexual 7610: 266-A of the RPC" with the imposable penalty of prision physical safety and committed in public
to Section 5(b) 266-A(2)
Assault reclusion mayor. spaces such as alleys, roads, sidewalks and
of R.A. No. of the
temporal in parks.
7610: reclusion RPC:
its medium
temporal in its prision 3. They are those performed in buildings, schools,
period to Safe Spaces Act
medium period mayor churches, restaurants, malls, public washrooms,
reclusion I
R.A. No. 11313, Secs. 3-7 and 11 bars, internet shops, public markets, transportation
perpetua
terminals or public utility vehicles.
1. The crimes of gender-based streets and public
spaces sexual harassment are committed through 4. Gender-based online sexual harassment refers
Tulagan v. People 2019 En Banc any unwanted and uninvited sexual actions or to an online conduct targeted at a particular person
remarks against any person regardless of the motive that causes or likely to cause another mental,
If the acts constituting sexual assault are committed
for committing such action or remarks. emotional or psychological distress, and fear of
against a victim under 12 years of age or is demented, the
personal safety, sexual harassment acts including
nomenclature of the offense should now be "Sexual 2. It includes

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 251 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

whether done verbally, physically or through

a. unwanted sexual remarks and comments, c. If the offended party is diagnosed with a
threats, mental problem tending to impair consent; the use of technology such as text messaging
or electronic mail or through any other forms
b. uploading or sharing of one's photos without d. If the perpetrator is a member of the of information and communication systems;
consent, video and audio recordings, uniformed services, such as the PNP and the
AFP, and the act was perpetrated while the c. A conduct that is unwelcome and pervasive
c. cyberstalking and and creates an intimidating, hostile or
perpetrator was in uniform; and
d. online identity theft. humiliating environment for the recipient.
e. If the act takes place in the premises of a
5. Stalking refers to conduct directed at a person government agency offering frontline The crime of gender-based sexual
involving the repeated visual or physical proximity, services to the public and the perpetrator is a harassment may also be committed between
non-consensual communication, or a combination government employee. peers and those committed to a superior officer
thereof that cause or will likely cause a person to fear by a subordinate, or to a teacher by a student, or
for one's own safety or the safety of others, or to 7. The crime of gender-based sexual harassment in to a trainer by a trainee.
suffer emotional distress. the workplace includes the following;
8. Exemptions. — Acts that are legitimate expressions
6. Qualified Gender-Based Streets, Public Spaces and a. An act or series of acts involving any of indigenous culture and tradition, as well as
Online Sexual Harassment. — The penalty next unwelcome sexual advances, requests or breastfeeding in public shall not be penalized. (Sec
higher in degree will be applied in the following demand for sexual favors or any act of sexual 31)
cases: nature, whether done verbally, physically or

a. If the act takes place in a common carrier or

through the use of technology such as text An Act Providing for Stronger
messaging or electronic mail or through any Protection Against Rape and Sexual
PUV, including, but not limited to, jeepneys,
other forms of information and Exploitation and Abuse, Increasing
taxis, tricycles, or app-based transport
communication systems, that has or could J
network vehicle services, where the the Age for Determining the
have a detrimental effect on the conditions of
perpetrator is the driver of the vehicle and Commission of Statutory Rape
an individual's employment or education, R.A. No. 11648, Secs. 1-3
the offended party is a passenger;
job performance or opportunities;
b. If the offended party is a minor, a senior
b. A conduct of sexual nature and other Amendment on Rape
citizen, or a PWD, or a breastfeeding
conduct-based on sex affecting the dignity of
mother nursing her child;
a person, which is unwelcome,
unreasonable, and offensive to the recipient,

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 252 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

1) Rape is Committed by a person who shall have carnal 2) Non-abusive shall mean the absence of undue 3) Under the provisions of this Chapter, seduction is
knowledge of another person under any of the influence, intimidation, fraudulent machinations, committed when the offender has carnal knowledge
following circumstances: coercion, threat, physical, sexual, psychological, or of any of the persons and under the circumstances
mental injury or maltreatment, either with described herein.
a) Through force, threat, or intimidation;
intention or through neglect, during the conduct of
b) When the offended party is deprived of sexual activities with the child victim. Juvenile Justice and Welfare Act
reason or otherwise unconscious;
3) Non-exploitative shall mean there is no actual or K R.A. No. 9344, Secs. 4, 6, 7, 20 and 38, as amended by
c) By means of fraudulent machination or attempted act or acts of unfairly taking advantage of R.A. No. 10630
grave abuse of authority; and the child’s position of vulnerability, differential
1) "Child" refers to a person under the age of eighteen
d) When the offended party is under sixteen power, or trust during the conduct of sexual
(18) years.
(16) years of age or is demented, even though activities.
none of the circumstances mentioned above 2) "Child at Risk" refers to a child who is vulnerable to
be present. Amendment on Qualified Seduction and at the risk of committing criminal offenses
because of personal, family and social
There shall be NO criminal liability on the 1) The seduction circumstances.
part of a person having carnal knowledge of
a) of a minor, 16 and over but under 18 years of
another person under sixteen (16) years of 3) "Child in Conflict with the Law" or CICL refers to
age,
age a child who is alleged as, accused of, or adjudged as,
b) committed by any person in public authority, having committed an offense under Philippine laws.
1. when the age difference between the
priest, home-servant, domestic, guardian,
parties is not more than three (3) 4) The exemption from criminal liability herein
teacher, or any person who, in any capacity,
years, and established does not include exemption from civil
shall be entrusted with the education or
liability.
2. the sexual act in question is proven to custody of the minor seduced.
be consensual, non-abusive, and 5) The CICL shall enjoy the presumption of
2) The penalty next higher in degree shall be imposed
non-exploitative. minority. The age of a child may be determined
upon any person who shall seduce his sister or
If the victim is under thirteen (13) descendant, whether or not she be a virgin or over a. from the child's birth certificate, baptismal
years of age, this exception shall NOT eighteen years of age. certificate or any other pertinent documents.
apply.

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 253 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

b. In the absence thereof, from the child 8) Probation for CICLs. — The court may, after it shall Nonetheless, Sec. 40 of the same law limits the said
himself/herself, testimonies of other have convicted and sentenced a CICL, and upon suspension of sentence until the said child reaches the
persons, the physical appearance of the child application at any time, place the child on probation
maximum age of 21. To date, accused-appellant is about
and other relevant evidence. in lieu of service of his/her sentence taking into
31 years of age. Thus, the application of Secs. 38 and 40 to
account the best interest of the child.
In case of doubt as to the age of the child, it shall be the suspension of sentence is now moot and academic.
resolved in his/her favor. 9) Other benefits of convicted CICLs

6) "Status Offenses" refers to offenses which a. Shall be credited in the services of his/her
sentence with the full time spent in actual People v. Lababo 2018
discriminate only against a child, while an adult does
not suffer any penalty for committing similar acts. commitment and detention; The CA correctly took into account FFF's minority, he
These shall include curfew violations; truancy, b. Be made to serve his/her sentence, in lieu of being 17 years old at the time of the commission of the
parental disobedience and the like. confinement in a regular penal institution, crime, in reducing the period of imprisonment to be
Any conduct not considered an offense or not in an agricultural camp and other training served by him. Being of said age, FFF is entitled to the
penalized if committed by an adult shall not be facilities. privileged mitigating circumstance of minority under
considered an offense and shall not be punished if Article 68(2) of the RPC.
committed by a child. (Section 57) People v. Sarcia FFF may thus be confined in an agricultural camp or any
read together with Lababo
7) Automatic Suspension of Sentence. — Once the child is other training facility in accordance with Section 51 of RA
found guilty of the offense charged, the court shall Sec 68 of RA 9344 allows the retroactive application of the No. 9344. The case shall thus be remanded to the court of
determine and ascertain any civil liability. However, Act to those who have been convicted and are serving origin to effect appellant's confinement in an agricultural
instead of pronouncing the judgment of conviction, sentence at the time of the effectivity of this said Act, and camp or other training facility, following the Court's
the court shall place the CICL under suspended who were below the age of 18 years at the time of the pronouncement in People v. Sarcia.
sentence, without need of application. commission of the offense.

Suspension of sentence shall still be applied even if Since RA 9344 does not distinguish between a minor who
has been convicted of a capital offense and another who Rosal Hubilla v. People 2014
the juvenile is already eighteen years (18) of age or more at People v. Wile 2016
the time of the pronouncement of his/her guilt. has been convicted of a lesser offense, the Court should
also not distinguish and should apply the automatic If the CICL has reached eighteen (18) years of age while
(Section 38)
suspension of sentence to a child in conflict with the law under suspended sentence, the court shall determine
who has been found guilty of a heinous crime. whether

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 254 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

Allain acted with discernment as shown by his act of PHILIPPINES

1. to discharge the child in accordance with this Act, Criminal Case No.: 123984
covering AAA's mouth with a handkerchief to prevent her
2. to order execution of sentence, or Plaintiff,
from shouting and conspired with appellant Vergel in
3. to extend the suspended sentence for a certain raping AAA. Allain was only 17 years old when he -versus- For: [CRIME]
specified period or until the child reaches the committed the crime; he is, therefore, entitled to the [ACCUSED],
maximum age of twenty-one (21) years. privileged mitigating circumstance of minority under
Accused.
Article 68(2) of the RPC.
A review of the provisions of RA No. 9344 reveals that x--------------------------x.
imprisonment of CICL is by no means prohibited. While Hence, the imposable penalty must be reduced by one
Section 5 (c) of RA No. 9344 bestows on CICL the right not degree, i.e., from reclusion perpetua, which is reclusion
COMPLAINT
to be unlawfully or arbitrarily deprived of their liberty; temporal. Being a divisible penalty, the ISLaw is
imprisonment as a proper disposition of a case is duly applicable. The Undersigned accuses _____________________ of the
recognized, subject to certain restrictions on the imposition crime of [CRIME], committed as follows:
Section 38 of RA No. 9344 provides that when the child
of imprisonment, namely: below 18 years of age who committed a crime and was That on or about ________ 200_, in the City of ________
found guilty, the court shall place the child in conflict and within the jurisdiction of this Honorable Court, the
a) the detention or imprisonment is a disposition of
with the law under suspended sentence even if such child said accused, then ___ years old and without any known
last resort, and
has reached 18 years or more at the time of judgment. address, willfully, unlawfully and feloniously, with intent
b) the detention or imprisonment shall be for the to gain, without force upon things or violence upon
shortest appropriate period of time. persons and without the knowledge and consent of
Lastly, following Section 51 of RA No. 9344, the petitioner, _____________________, the owner, took a _____________
V Practical Exercises valued at __________________ Pesos (P________.00) to the
although he has to serve his sentence, may serve it in an
agricultural camp or other training facilities in a Complaint prejudice of said owner.
manner consistent with the offender child's best interest.
Such service of sentence will be in lieu of service in the REPUBLIC OF THE PHILIPPINES
Department of Justice CONTRARY TO LAW.
regular penal institution. National Prosecution Service
OFFICE OF THE CITY PROSECUTOR ____________________________
[City] Complainant
People v. Ancajas 2015
PEOPLE OF THE

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 255 of 257
Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

said accused, being then legally married to attempted to penetrate her with his sexual organ and
SUBSCRIBED AND SWORN TO BEFORE ME this __th
day of _________ 200_ in ________ City. _____________________, and without such marriage would have succeeded in doing so had not her loud
having been legally dissolved and thus valid and existing, protests and vigorous resistance brought her neighbors to
____________________________ did wilfully, unlawfully and feloniously contract a second her assistance, causing the accused to flee from the
Assistant City Prosecutor marriage with _____________________ in the City of premises without completing all the acts of execution.
________.
FOR FRUSTRATED MURDER:
Information
FOR THEFT: That on or about ________ 200_, in ________ City, the
REPUBLIC OF THE PHILIPPINES That on or about ________ 200_, in the City of ________ accused did then and there take a loaded ________ pistol,
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION and within the jurisdiction of this Honorable Court, the directly aim the same firearm at the person of
BRANCH [#], [VENUE] said accused, then ___ years old and without any known _____________________, an invalid septuagenarian, and,
address, willfully, unlawfully and feloniously, with intent at point-blank range, with intent to kill, discharge the
PEOPLE OF THE to gain, without force upon things or violence upon firearm twice against the person of said
PHILIPPINES persons and without the knowledge and consent of _____________________, inflicting on said
Criminal Case No.: 123984
Plaintiff, _____________________, the owner, took a _____________ _____________________ two (2) wounds on his chest and
valued at __________________ Pesos (P________.00) to the stomach, which wounds would have been fatal had not
-versus- For: [CRIME] prejudice of said owner. timely medical assistance been rendered to the said
[ACCUSED], FOR ATTEMPTED RAPE:
_____________________.
Accused. That on or about ________ 200_, in ________ City, the CONTRARY TO LAW [with the aggravating circumstance
of (AGGRAVATING CIRCUMSTANCE)].
x--------------------------x. accused did then and there wilfully, unlawfully and
feloniously enter the house of _____________________, a ____________________________
INFORMATION married woman, and finding that her husband was away,
Assistant City Prosecutor
The Undersigned accuses _____________________ of the with lewd designs and by means of force and
intimidation, commenced directly by overt acts to CERTIFICATE OF PRELIMINARY INVESTIGATION
crime of [CRIME], committed as follows:
commit the crime of attempted rape upon her person, to I hereby certify that a preliminary investigation in this
FOR BIGAMY: wit: while _____________________ was cooking lunch, the case was conducted by me in accordance with law; that I
That on or about ________ 200_, in the City of ________ accused seized her from behind, threw her to the floor, examined the Complainant and her witnesses; that there
and within the jurisdiction of this Honorable Court, the raised her skirt, pulled down her underwear and is reasonable ground to believe that the offense charged

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 256 of 257
 Criminal Law v2 Syllabus-based Reviewer with Bar Chair Case Doctrines for the 2024 Bar by Atty. Rehne Gibb N. Larena

had been committed and that the accused is probably for said crime; that this Information was with the prior
guilty thereof; that the accused was informed of the authority of the City Prosecutor.
Complaint and of the evidence submitted against him
____________________________
and was given the opportunity to submit controverting
evidence; and that the filing of this Information is with Assistant City Prosecutor
the prior authority and approval of the City Prosecutor.
____________________________
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this __th
day of _________ 200_ in ________ City.
____________________________
City Prosecutor
Bail Recommended: P10,000.00

Replace Certificate of PI to this if necessary

CERTIFICATION AS TO CONDUCT OF INQUEST

I hereby certify that the accused was lawfully arrested
without a warrant and that, upon being informed of his
rights, refused to waive the provisions of Article 125 of the
Revised Penal Code and, for this reason, an Inquest was
conducted; that based on the complaint and the evidence
presented before me without any countervailing evidence
submitted by the accused, despite opportunity to do so,
there is reasonable ground to believe that the accused has
committed the crime of theft and should, thus, be held

eCodal+Pro This material is available only to eCodal+Pro subscribers for their PERSONAL use; and must not be reproduced and/or distributed either for profit or otherwise. Page 257 of 257