Stag Notes - Criminal Law

S CBA R STAG NO TES Page 2 of 45
PRE-WEEK [2020/21] BRAVO BASTE!
REVISED PENAL CODE - BOOK I Territoriality
Q: What is the territoriality rule?

GENERAL PRINCIPLES A: It refers to the principle that our penal laws are
enforceable only within the Philippine territory. For
they cannot generally enforce outside the Philippine
BASIC PRINCIPLES territory.
Generality
Q: What are the instances allowing
Q: What is the generality principle? extraterritorial application of penal law?
A: Criminal law is binding on all persons who live or
sojourn in Philippine territory. Penal laws apply to A: Article 2 of the RPC provides for the
both citizens and aliens living in the Philippines. extraterritorial application of RPC:
They are bound to follow our laws. Citizens owe the 1) Crimes committed while on board a
State obedience for the protection the latter is Philippine ship or airship;
providing the former. Aliens, on the other hand, are 2) Forging/counterfeiting of coins or currency
bound by our penal laws because while they are notes of the Philippines, or its obligations
within the Philippine territory, such laws protect and securities (see Arts. 163, 166, RPC);
them. (Nojara, Criminal Law Concepts and 3) Introduction of the item no.2 in Philippine
Jurisprudence, Book 1, at pg. 64, 2020 ed.) territory;
Exceptions: 4) Offenses committed by public officers or
1) Treaty stipulations employees in the exercise of their functions
2) Laws of preferential application (see Arts. 203 to 245) and
3) Principle of public international law 5) Crimes against national security and law of
4) Warship rule nations (see Arts. 114 to 123)
Q: What is warship rule? Notes:

A: Warship of another country, even though docked 1) In AAA vs BBB, GR. No. 212448, January
in the Philippines, is considered an extension of the 11, 2018, psychological violence consisting
territory of its respective country. (Art. 27, United of marital infidelity punishable under RA No.
Nations Convention on the Laws of the Sea) 9262 is committed in Singapore, but the
psychological effect occurred in the
Illegal Acts of Foreign State’s Officials are not Philippines because the victim spouse is
Covered by State Immunity from Suit residing in the Philippines. In which case,
Philippine court has jurisdiction. However, in
Inasmuch as the State authorizes only legal acts by the crime of Bigamy, even though the crime
its officers, illegal acts of the latter are not acts of the is committed abroad, and the effect
former, and an action against the officials or officers happened in the Philippines, Philippine court
by one whose rights have been invaded or violated has no jurisdiction. In other words, when the
by such acts, for the protection of his rights, is not a commission of an act consummates the
suit against the State within the rule of immunity of crime, and the effect is not an element of the
the State from suit. crime, the place of occurrence of the effect
is not considered for purposes of venue and
The rationale for this rule is that the doctrine of state territoriality. (Campanilla, 2022)
immunity cannot be used as an instrument for
perpetrating an injustice. (Nojara, Criminal Law In short, in a prosecution for violation of R.A.
Concepts and Jurisprudence, Book 1 at pg. 75, 9262 on psychological violence, even if the
2020 ed.) marital infidelity causing psychological
violence or anguish to a victim who is in the
Philippines was committed abroad,
Philippine courts may still assume
jurisdiction since the psychological violence,
as an element of the crime, happened in the 2) The personal information was

Philippines. collected or held by an entity in the
Philippines. (Sec. 6)
2) Piracy is a crime not against any particular
state but against all mankind. It may be Q: Is the possession of a prohibited object
punished in the competent tribunal of any aboard a foreign merchant vessel while in
country where the offender may be found or Philippine territory a punishable act?
into which he may be carried. The A: It depends:
jurisdiction of piracy unlike all other crimes If the vessel is “in transit”, passing only through
has no territorial limits. (Nojara, Criminal Philippine ports, the mere possession of a prohibited
Law Concepts and Jurisprudence, Book object is not punishable by Philippine law on account
1) of the principle that such vessel is an extension of
sovereignty of that foreign country. However, if the
3) Extraterritorial application of violation of possession creates breach of public peace, or there
RA 10173 (Data Privacy Act of 2012). This is an open violation of penal laws, such is triable by
Act applies to an act done or practice Philippine Court.
engaged in and outside of the Philippines by
an entity if: If the vessel is not in transit and Philippines is the
port of destination, any crime committed on board
(a) The act, practice or processing relates to the vessel is triable by Philippine court. Thus, the
personal information about a Philippine mere possession of a prohibited object is a crime
citizen or a resident; punishable under Philippine law. However, acts
violating only internal management of the vessel are
(b) The entity has a link with the not violation of Philippine law. (Nojara, Criminal
Philippines, and the entity is processing Law Concepts and Jurisprudence, Book 1, at pg.
personal information in the Philippines 86, 2020 ed.)
or even if the processing is outside the Q: What is the prospectivity rule in criminal law?
Philippines as long as it is about Philippine
citizens or residents such as, but not limited A: No felony shall be punishable by any penalty not
to, the following: prescribed by law prior to its commission. (Art. 22,
RPC). In short, penal laws shall generally be
1) A contract is entered in the prospective in their application.
Philippines;
Exceptions:
2) A juridical entity unincorporated 1) When the law is favorable to the accused;
in the Philippines but has central and
management and control in the 2) The accused is not a habitual criminal
country; and
In the latter case, penal laws may be given
3) An entity that has a branch, retroactive application.
agency, office or subsidiary in the
Philippines and the parent or Exceptions to the exceptions
affiliate of the Philippine entity has
access to personal information; and 1. A new law that is made expressly
inapplicable to pending actions or existing
(c) The entity has other links in the causes of action; and
Philippines such as, but not limited to: 2. To an offender who is a habitual criminal
under Art. 62 (5) of the RPC. (Art. 22,
1) The entity carries on business in Revised Penal Code)
the Philippines; and
Notes on Repeal of Penal laws innocent until his guilt is established beyond
reasonable doubt.
1) The express repeal of a penal law has the
effect of depriving the court of its jurisdiction Following the pro reo doctrine, under Art. 48 of the
to punish the offender. As a rule, all pending Revised penal Code, crimes are complexed and
cases have to be dismissed, and those who punished with a single penalty (i.e., that
are convicted under the repealed law has to prescribed for the most serious crime and to be
be released. This is because an unqualified imposed in its maximum period). The rationale
repeal of a penal law constitutes a legislative being, that the accused who commits two crimes
act of rendering legal what had been with single criminal impulse demonstrates lesser
previously declared as illegal. (Nojara, perversity that when the crimes are committed by
Criminal Law Concepts and different acts and several criminal resolutions.
(People vs Comadre, G.R. No. 153559, June 8,
Jurisprudence)
2004).
2) However, there are exceptions to the rule as
follows: a) when there is a saving clause and Actus Non Facitereum, Nisi Mens Sit Rea
b) when the repealing law merely re-enacts
the old law and punishes the act previously A crime is not committed if the mind of the person
penalized under the old law. performing the act complained of is innocent.
3) In implied repeal, intent to abrogate must be
present. (Nojara, Criminal Law Concepts The Doctrine of Mens Rea
and Jurisprudence)
For one to be criminally liable for felony by dolo,
there must be a confluence of both an evil act and
PRO REO PRINCIPLE
an evil intent. Actus rea means guilty act while mens
rea means guilty mind. Mens Rea (criminal intent)
In dubio pro reo means “when in doubt, for the must coexist with actus rea (unlawful act) for a crime
accused.” (People vs. Ong, G.R. No. 175940,
to exist. (Nojara, Criminal Law Concepts and
February 6, 2008). “A court, in construing an
Jurisprudence)
ambiguous criminal statute that sets out multiple or
inconsistent punishments, should resolve the
ambiguity in favor of the more lenient punishment." Applicability of mistake of facts in self-defense
(People of the Philippines v. Beth Temporada,
Separate Opinion of Justice Corona, G.R. No. Requisites of mistake of facts as a defense: (LIW)
173473, December 17, 2008)
1) The act done would have been lawful had
BASIS: In all criminal prosecutions, the accused the facts been as the accused believed them
shall be presumed innocent until the contrary is to be;
proved. (Article III, Section 14, Par. (2), 1987 2) The intention of the accused in performing
Constitution) the act should be lawful; and
3) The mistake must be without fault or
2010 BAR QUESTION carelessness on the part of the accused.
Doctrine of Pro Reo in relation to Article 48 (Reyes, Criminal Law, Book 1)
(Penalty for complex crimes) of the RPC
(2010 BAR) In mistake of fact, the act committed is not
predicated on the evil intent of the actor.
Q: What is the doctrine of pro reo? How does it Consequently, it relieves him/her from criminal
relate to Article 48 of the Revised Penal Code? liability. The applicable maxim here are actus non
(3%) facit reum nisi mens sit rea (the act itself does not
make man guilty unless his/her intention were so)
SUGGESTED ANSWER: and actus me incite factus non est meus actus (an
The doctrine of pro reo advocates that penal laws act done by me against my will is not my act). (US v
and laws penal in nature are to be construed and Ah Chong)
applied in a way lenient or liberal to the offender,
constant to and consistent with the constitutional
guarantee that an accused shall be presumed
Notes: happening, e.g. aiming a gun at another with

intent to shoot.
1) Criminal intent is replaced by negligence 2) The most important of all is the element of
and imprudence in felonies committed by unlawful aggression. Mere shouting or
means of culpa intimidating without any overt act is not
2) Mistake in the identity of the intended victim unlawful aggression.
is not reckless imprudence (Reyes, Book 1, 3) There is no unlawful aggression when there
2017 ed) is an agreement to fight, except when the
aggressor casts aggression ahead of the
Q: May a crime be committed without criminal agreed time.
intent? 4) Retaliation is inconsistent with self-defense
A: Yes, a crime may be committed without criminal because in retaliation the aggression that
intent in cases of crimes committed through culpa was begun by the injured party already
and mala prohibita. ceased when the accused attacked.
Meanwhile, in self-defense the aggression
was still existing when the aggressor was
JUSTIFYING, EXEMPTING, MITIGATING, injured by the accused.
AGGRAVATING AND ALTERNATE 5) When a person is libeled, he may hit back
CIRCUMSTANCES (JEMAA) with another libel, which, if adequate, will be
justified. Once the aspersion is cast, its sting
JUSTIFYING CIRCUMSTANCES VS EXEMPTING clings and the one thus defamed may avail
CIRCUMSTANCES himself or all necessary means to shake off.
Justifying Exempting 6) Sufficient provocation in incomplete self-
Circumstances (Art. Circumstances (Art.
defense refers to the to the absence of
11, RPC) 12, RPC)
provocation on the part of the person
In justifying While in exempting
circumstances, the acts circumstances, the acts defending himself. While sufficient
of the actor are in of the actor are not provocation in mitigating circumstance
accordance with the justified, thus, there is (par. 4, Art. 13, RPC) refers to the presence
law, thus, he incurs no still crime committed of provocation on the part of the offended
criminal nor civil liability but the accused incurs party. (Nojara, Criminal Law Concepts
except Art. 11 par. 4 no criminal liability and Jurisprudence, Book 1)
(avoidance of greater because of the
evil or injury). presence of exempting Q: The spouses Jess and Ana arrived at their
circumstances. Hence, nipa hut one night where Adong and Nori were in
the accused has no the midst of having sex. Aghast at what he
criminal liability but only perceived to be a defilement of his property, Jess
civil liability except Art. shouted invectives at Adong and Nori, who both
12, par. 4 (accident) scampered away. Jess tried to pursue Adong but
and par. 7 (lawful or failed. On his way home, he was blocked by
insuperable cause) Adong and his six companions. Meanwhile,
Adong claimed that it was Jess who initiated an
assault by barging into the premises of Adong’s
Self-defense (par. 1, Art. 11) residence, hacking Victor’s door, and
threatening physical harm upon them. Thus,
Notes: they hit repeatedly Jess with stones and bamboo
1) Actual unlawful aggression means that an sticks. They beat Jess up and left him on the
attack with physical force or with a weapon, ground, bloodied. Was there sufficient evidence
an offensive act that positively determines to prove that justifying circumstances existed?
the intent of the aggressor to cause the
injury. Imminent unlawful aggression does A: None. The pieces of evidence were insufficient to
not include mere threatening attitude but is prove the existence of justifying circumstances.
characterized as impending or at the point of Even if it were to be granted that Jess was the initial
aggressor, the beating dealt to him by Adong and his
companions was still glaringly in excess of what
would have sufficed to neutralize him. According to resentment, or other evil motive. (Reyes,
the Court, there is a big difference in the physical Book 1, 2017 ed.)
built of the private complainant and the accused and 3) There is still a legitimate defense of relative
his companions. It was far from a reasonably even if the relative being defended has given
necessary means to repel his supposed aggression. provocation, provided that the one
Petitioners thereby fail in satisfying the second defending such relative has no part in the
requisite of self-defense and of defense of a relative.
provocation. However, when two persons
(Velasquez Vs. People of the Philippines G.R. No.
are getting ready to strike each other, there
195021, March 15, 2017, J. Leonen)
can be no unlawful aggression, and hence,
a relative of either who butts in and
Self-defense (par. 1, Art. 11, RPC) vis- a-vis
Fulfillment of duty (Art. 11, par. 5, RPC) administers a deadly blow on the other to
prevent him from doing harm is not acting in
defense of a relative but is guilty of
As to concept:
homicide. (Reyes, Book 1, 2017 ed.)
Self-defense is based on the principle of self- Avoidance of greater evil or injury (par. 4, Art.
preservation from mortal harm, while fulfillment of 11)
duty is premised on the due performance of duty.
Notes:
1) If there is another way to avoid the injury
As to the requirement of unlawful aggression:
without causing damage or injury to another
Unlawful aggression is not required in fulfillment of or, if there is no such other way but the
duty. Thus, a policeman in the performance of damage to another may be minimized while
his/her duty is justified in using such force as is avoiding an evil or injury to one’s self, then
reasonably necessary to secure and detain the such course should be taken.
offender, overcome his resistance, prevent his 2) Avoidance of a greater evil (par.4, Art. 11)
escape, recapture him if he escapes, and protect is not the same as accident (par. 4, Art. 12).
himself from bodily harm. In the former, offender deliberately caused
the damage. While the latter, the offender
However, there is no fulfillment of duty when the accidentally caused the damage.
victim no longer posed a threat when killed. The 3) Accident (par. 4, Art. 12) contemplates a
victim, after being shot by the policeman, was
situation where a person is in fact in the act
already on the ground. The victim at that point no
of doing something legal, exercising due
longer posed a threat and was already incapable of
mounting an aggression against the police officers. care, diligence and prudence, but in the
Shooting him in the head was obviously process produces harm or injury to someone
unnecessary. (Nojara, Criminal Law Concepts or to something not in the least in the mind
and Jurisprudence, Book 1, pg. 503, 2020 ed.) of the actor – an accidental result flowing out
of a legal act. (Nojara, Criminal Law
Defense of a relative (par. 2, Art. 11) vis-a-vis Concepts and Jurisprudence, Book 1)
defense of a stranger (par. 3, Art. 11)
Notes: BAR QUESTION 2004
1) The relatives covered by defense of BB and CC, both armed with knives, attacked
relatives are as follows: a) spouse; b) FT. The victim’s son, ST, upon seeing the
ascendants; c) descendants; d) legitimate, attack, drew his gun but was prevented from
natural or adopted brothers and sisters, or shooting the attackers by AA, who grappled
relatives by affinity in the same degrees; and with him for possession of the gun. FT died
e) relatives by consanguinity within the 4th from knife wounds. AA, BB and CC were
charged with murder.
degree. (LARSD)
2) Any person not included in the enumeration
In his defense, AA invoked the justifying
of relatives under Par. 2 of Art. 11. In lieu of
circumstance of avoidance of greater evil or
the requisite of lack of sufficient provocation injury, contending that by preventing ST from
in self-defense, the person defending a shooting BB and CC, he merely avoided a
stranger must not be induced by revenge, greater evil.
Will AA’s defense prosper? Reason briefly. b. Acute battering incident-

(5%) characterized by severe abuses
c. Tranquil loving phase – when the
Suggested Answer: partners/spouses are relieved from
the battering incident.
N, AA’s defense will not prosper because
obviously there was a conspiracy among, BB, CC 2) It is mitigating circumstance if the three
and AA, such that the principle that when there is phases are not complete e.g. happened only
a conspiracy, the act of one is the act of all, shall once. A battered wife if not entitled to
govern. The act of ST, the victim’s son, appears justifying circumstance, may be given
mitigating circumstance of passion and
to be a legitimate defense of relative; hence,
obfuscation. (Nojara, Criminal Law
justified as a defense of his father against the
Concepts and Jurisprudence, Book 1,
unlawful aggression by BB and CC. ST’s act of
2020 ed.)
defending his father’s life, cannot be regarded as
an evil inasmuch as it is, in the eyes of the law, a Exempting Circumstances (Art. 12, RPC)
lawful act.
Notes:
What AA did was to stop a lawful defense, not
greater evil, to allow BB and CC achieve their Insanity or Imbecility (par.1 Art. 12, RPC)
criminal objective of stabbing FT 1) Imbecility is always exempting, whereas
insanity is not. An insane person may have
Obedience to a Lawful Order (par. 6, Art. 11) lucid interval while an imbecile has none.
Notes: 2) The accused took 120 cc of cough syrup and
4) Even if the order is illegal if it is patently legal
consumed three sticks of marijuana before
and the subordinate was not aware of its
raping his victim and hitting her head with a
illegality, he is not liable. Meanwhile,
stone, had some form of mental illness
obedience to superior order does not include
which did not totally deprive him of
orders from a foreign sovereign. (Nojara,
intelligence. The presence of his reasoning
Criminal Law Concepts and
faculties, enabling him to exercise sound
Jurisprudence, Book 1)
judgement and to satisfactorily articulate the
aforesaid matters, sufficiently discounted
Battered Women Syndrome as Justifying any intimation of insanity when he
Circumstance and as a Mitigating Circumstance committed the felony. (People v Aquino,
186 SCRA 851)
SECTION 26. Battered Woman Syndrome as a 3) Proof of the accused’s insanity must relate
Defense. – Victim-survivors who are found by the to the time immediately preceding or
courts to be suffering from battered woman simultaneous with the commission of the
syndrome do not incur any criminal and civil liability crime. (Nojara, Criminal Law Concepts
notwithstanding the absence of any of the and Jurisprudence, Book 1)
elements for justifying circumstances of self-
defense under the Revised Penal Code.
Minority (par. 2, Art. 12, as amended by RA
In the determination of the state of mind of the 9344)
woman who was suffering from battered woman The age of absolute 15 years and below
syndrome at the time of the commission of the crime, irresponsibility
the courts shall be assisted by expert psychiatrists/ (Infancy)
psychologists. The age of conditional 15 years and 1 day to
responsibility 18 years
1) It is an exempting circumstance when the The age of full 18 years or over to 70
three phases of battered women syndrome responsibility years
happened twice. As follows: The age of mitigated 15 years and 1 day to
a. Tension building phase- responsibility 18 years, the offender
characterized by minor battering acted with
incident discernment.
(Reyes, Criminal Law, Book 1) principal by inducement) and the person

Notes: being threatened to force (principal by
1) If a child commits a crime on or before his direct participation). A person invoking
15th birthday, he/she is exempt from criminal uncontrollable fear must show that the
liability without qualification. However, if the compulsion was such that it reduced him to
child commits a crime a day after his 15th a mere instrument acting not only without
birthday, he/she must not act with will but against his will as well.
discernment to be exempt from criminal 3) The fear of the accused that she was
liability compelled to issue checks in favor of the
2) If a child who acted with evident hospital where her mother was confined for
premeditation, he/she discerned the fear that her mother’s health might
consequences of his criminal act; but the deteriorate due to inhumane treatment of the
fact that a child acted without evident hospital or worse, her mother might commit
premeditation will not mean that he did not suicide is clearly speculative fear. It is not
discern the consequences of his crime
uncontrollable fear contemplated by law. It is
(Campanilla, 2022)
not the law’s intent to say that any fear
3) Diversion is defined as an alternative, child-
exempts one from criminal liability much less
appropriate process of determining the
responsibility and treatment of a child in accused’s flimsy fear that her mother might
conflict with the law on the basis of his/her commit suicide. In other words, the fear she
social, cultural, economic, psychological or invokes was not impending or insuperable.
educational background without resorting to 4) In irresistible force, the offender uses
formal court proceedings. (Section 4 (i), violence or physical force to compel another
R.A. 9344) to commit a crime; in uncontrollable fear, the
4) A child fifteen (15) years of age or under at offender employs intimidation or threat in
the time of the commission of the offense is compelling another to commit. (Nojara,
exempt from criminal liability but shall be Criminal Law Concepts and
subjected to an intervention program. Jurisprudence, pg. 574, 2020 ed.)
(Section 6, RA 9344)
Lawful or Insuperable Cause (par. 7, Art. 12,
Accident as Exempting Circumstance (par. 4, Art. RPC)
12) 1) This exempting circumstance implies
It is a situation where a person is in fact in the act of knowledge of the precept of the law to be
doing something legal, exercising due care, complied with but is prevented by some
diligence and prudence, but in the process produces lawful or insuperable cause that is by some
harm or injury to someone or to something not in the motive which has lawfully, morally or
least in the mind of the actor. In short, accident physically prevented one to do what the law
presupposes the lack of intention to commit the
commands.
wrong done.
Subsequent act of the accused may indicate Mitigating Circumstances (Art. 13, RPC)
accident. The conduct of the accused immediately
after the incident was indicative of remorse. (Nojara, Q: What are mitigating circumstances?
Criminal Law Concepts and Jurisprudence, Book A: Mitigating circumstances are those which, if
1, pg. 568, 2020 ed.) present in the commission of the crime, do not
entirely free the actor from criminal liability but serve
Compulsion of Irresistible Force (par. 5, Art. 12, only to reduce the penalty. One single act cannot be
RPC) and Impulse of Uncontrollable Fear (par. 6, made the basis of more than one mitigating
Art. 12, RPC) circumstance. Hence, a mitigating circumstance
1) Duress as a valid defense should not be arising from a single act absorbs all the other
speculative or remote. It should be based on mitigating circumstances arising from the same act.
real, imminent or reasonable fear for one’s
Incomplete Justifying or Exempting
life or limb and should not be speculative,
Circumstance may give rise to Mitigating
fanciful, or remote fear. Circumstance (par. 1, Art. 13)
2) There are two actors here, the person
making the force or threat (called as the
Notes: the presence of many persons, must

1) Unlawful aggression must always be likewise be taken into considerations. On the
present in order for the mitigating other hand, there is no vindication when the
circumstance of incomplete self-defense, accused prepared a weapon like a samurai
defense of relatives and defense of stranger after he learned that his father was
to be applied. When majority of the maltreated by the victims. He anxiously
requisites are present, there is a privileged waited for the victim to vindicate his father.
mitigating circumstance. 2) A nephew is not a relative by affinity “within
2) When the justifying or exempting the same degree” contemplated in Art. 13
circumstance has only two requisites, the (Nojara, Criminal Law Concepts and
presence of one element is sufficient and it Jurisprudence, 2020 ed.)
is a privileged mitigating circumstance. 3) In provocation (par. 4, Art. 13), it is made
3) There is no mitigating circumstance of directly only to the person committing the
incomplete insanity or imbecility since a crime. While in vindication, the grave
mental condition of a person is not divisible. offense may be committed also against the
It cannot be concluded that there is middle offender’s relatives mentioned by the law. In
ground between sanity and insanity. provocation, it is necessary that the
4) In accident (par. 4, Art. 12), if the offender provocation or threat immediately preceded
did not act with due care and there is fault the act. While in vindication, the vindication
on his/her part, there is no mitigating of the grave offense may be proximate,
circumstance, but the case is punished by which admits of an interval of time between
Art. 365. the grave offense done by the offended
party and the commission of the crime by the
accused. (Reyes, Criminal Law Book 1,
The offender had no intention to commit so 2017 ed.)
grave a wrong (par. 3, Art. 13, RPC)
1) The mitigating circumstance of lack of
intention to commit so grave a wrong as that Passion or obfuscation (par. 6, Art. 13)
committed can only be considered when the 1) Passion and obfuscation need not be felt
facts proven show that there exist notable only in the seconds before the commission
and evident disproportion between the of the crime. It may build up and strengthen
means employed to execute the criminal act over time until it can no longer be repressed
and its consequences. (Nojara, Criminal and will ultimately motivate the commission
Law Concepts and Jurisprudence, Book of the crime.
1) 2) It cannot be appreciated when the parents
2) The accused punched his pregnant wife, disapproved the proposal of the accused to
physical injury is committed, and as a marry their daughter because it is not
consequence she and her unborn baby unlawful prevent their daughter to marry the
died, the accused shall be liable for accused.
compound crime of parricide with 3) No passion and obfuscation arising from
unintentional abortion with the mitigating illicit romantic relationship.
circumstance of praeter intentionem 4) If the three mitigating circumstances are
because the resulting crime is different from present (provocation, vindication and
that which the accused intended. passion), only one of the three should be
(Campanilla, 2022) appreciated. Except when they arise from
different set or series of facts in which case
they can be predicated on each series or set
Immediate Vindication of a Grave Offense (par.
of facts. (Nojara, Criminal Law Concepts
5, Art. 13)
and Jurisprudence, Book 1)
1) The word “immediate” means proximate.
5) Vindication and obfuscation cannot be
Immediate vindication of a grave offense
considered when the person attacked is not
committed against him a few hours before,
the one who gave cause therefore. (Reyes,
when he was slapped by the deceased in
Criminal Law, Book 1, 2017 ed.)
Voluntary surrender or confession of guilt As to reduction of penalty, an ordinary mitigating

(par.7, Art. 13) circumstance, if not offset by a generic aggravating
1) Voluntary surrender should be based on circumstance, has the effect of lowering the penalty
spontaneity which shows the interest of the by period. Thus, if only an ordinary mitigating
accused to surrender voluntarily either circumstance is present with no generic aggravating
because he/she acknowledges his/her guilt circumstances present in the commission of a
or wants to save the government from crime, the penalty is imposed in its minimum period.
expenses for his/her capture. Meanwhile, Whereas a privileged mitigating circumstance has
this cannot be appreciated when the the effect of imposing a penalty lower by one or
accused merely surrendered because two degrees than that prescribed by law.
he/she already in a trap situation because of
government efforts to capture him/her. Q: What are aggravating circumstances?
A: Aggravating circumstances are those which, if
2) In the mitigating circumstance of plea of
attendant in the commission of the crime: (a) serve
guilt, the plea must be made before trial to increase the penalty without, however, exceeding
begins. If the plea of guilt is made during the maximum of the penalty provided by law for the
appeal it cannot be appreciated. On the offense or(b) change the nature of the crime.
other hand, plea of not guilty at the
preliminary investigation is not plea at all, Specific aggravating, or those that apply to some
thus, a plea of guilt can still be appreciated particular crimes. It has the effect of applying the
if the accused pleaded guilty before penalty in the maximum period
arraignment when the Information was filed
in the Regional Trial Court. However, when Examples: Ignominy, Chastity
the penalty is death, the accused is still
entitled to mitigating circumstance even if Generic, or those which generally, can be applied to
all offenses. It has the effect imposing the penalty in
the plea of guilt is made during presentation
the maximum period if the prescribed penalty is
of evidence.
divisible, the greater penalty if the prescribed penalty
3) Plea of guilty to lesser offense than that is indivisible.
charged is not mitigating because the plea
must be to the offense charged. Besides, the Examples: Dwelling, nighttime, recidivism
plea must be unconditional.
4) Plea of guilty is not mitigating in culpable Inherent, or those which are necessarily accompany
felonies and in crimes punished by special or inherent in the commission of the crime like
laws. (Reyes, Criminal Law, Book 1, 2017 evident premeditation in theft or robbery; and
ed.)
Qualifying, or those which, if attendant, alter or
change the nature of the crime and increase the
The Offender is Deaf and Dumb or Blind (par. 8, penalty, such as by means of poison, or with aid of
Art. 13) armed men in killing persons making the crime one
1) The physical defect contemplated in this with murder, or grave abuse of confidence which
mitigating circumstance must affect the makes stealing one of qualified theft. These
means of action, defense or communication circumstances, however, just like any other kind of
of the offender with his fellow beings. aggravating circumstances, must be alleged for
them to be considered by our courts.
Q: Distinguish a privileged mitigating What are the four forms of repetitions?

circumstance from an ordinary mitigating
circumstance as to reduction of penalty and 1. Recidivism (generic aggravating
offsetting against aggravating circumstance/s. circumstance)
2. Reiteracion or habituality (generic
A: As to offsetting against aggravating aggravating circumstance)
circumstances, an ordinary mitigating circumstance 3. Multi-recidivism or habitual delinquency
can be offset by a generic aggravating circumstance (extraordinary aggravating circumstance)
while a privileged mitigating circumstance cannot be
offset.
4. Quasi-recidivism (special aggravating special laws. The second crime must belong to the
circumstance) (Reyes, Book 1, at pg. 394, RPC, not special laws.
2017 ed)
In short, in quasi-recidivism, prior crime may be a
Recidivist felony or offense punished by special law.
A recidivist is one who, at the time of his trial for one (People v. Peralta, 1961). It is only the second
crime, shall have been previously convicted by final that must be a felony.
judgement of another crime embraced in the same
title of the RPC. (People v Lagarto, Gr. No. 65833,
May 6, 1991 cited in Reyes, Book 1 at pg 389)
Q: May treachery be appreciated even if the
Note: No recidivism if the subsequent conviction is attack was frontal?
for an offense committed before the offense involved A: Yes. Although the attack was frontal, the sudden
in the prior conviction (Reyes, Book 1, pg 389, 2017 and unexpected manner by which it was made
ed) rendered it impossible for Duhan to defend himself,
adding too that he was unarmed. (People v.
Habituality Matibag, GR 206381, March 25, 2015, J. Perlas-
Bernabe)
There is habituality when the offender has been
previously punished for an offense to which the law
Q: What is Ignominy?
attaches an equal or greater penalty or for two or
A: Ignominy is a circumstance pertaining to a moral
more crimes to which it attaches a lighter penalty.
order which adds disgrace and obloquy to the
(Art. 14 [par. 10], RPC) material injury caused by the crime. The clause
"Which add ignominy to the natural effects of the
Habitual Delinquency act" contemplates a situation where the means
When a person within a period of 10 years from the employed, or the circumstances tend to make the
date of his release or last conviction of the crimes of effects of the crime more humiliating or to put the
serious or less serious physical injuries, robbery, offended party to shame. (People v. Fuertes, G.R.
theft, estafa or falsification is found guilty of the said Nos. 95891-92. February 28, 2000)
crimes a 3rd time or oftener. The offenses are
specific: (FRETSeL) Price, Reward, or Promise (Art. 14, par. 11)
a) Falsification Notes:
b) Robbery 1) The qualifying circumstance of price or
c) Estafa reward equally affects both the offeror and
d) Theft the offeree. The former becomes principal
e) Serious or Less Serious Physical Injuries by inducement and the latter, a principal by
direct participation.
Quasi-recidivism 2) For this aggravating circumstance to be
Any person who shall commit a felony after having applied, the inducement must be the primary
been convicted by final judgement, before beginning consideration in the commission of the crime
to serve such sentence, or while serving the same, as against the person induced. It cannot be
applied if the money given is not sufficient to
shall be punished by the maximum period of the
induce the accused to commit the crime or if
penalty prescribed by law for the new felony. (Art.
it is shown that the amounts were given for
160, RPC) appreciation of loyalty.
3) This circumstance not only qualifies a crime
2012 BAR QUESTION but also creates conspiracy. In which case,
Q: B was convicted by final judgment of theft. all the co-conspirators are equally liable for
While serving sentence for such offense, B the act done by the principal by direct
was found in possession of an unlicensed participation. (Nojara, Criminal Law
firearm. Is B a quasi-recidivist? Concepts and Jurisprudence, Book 1)
A: B is not a quasi-recidivist because the second

offense is not a felony. In quasi-recidivism, the first
crime committed may be either from the RPC or
Conspiracy Q: What are the kinds of alternative

Conspiracy exists when two or more persons come circumstances?
to an agreement concerning the commission of a A: The kinds of alternative circumstances are:
felony and decide to commit it. (BAR 1996, 1997, 1) Relationship of the offender and the
1998, 2003, 2005) offended party;
Note: Relationship is not mitigating nor

General Rule: When conspiracy exists, the degree
aggravating in the crimes of parricide,
of participation of each conspirator is not considered
adultery or concubinage where relationship
because the act of one is the act of all, they have is an element. (Nojara, Criminal Law
equal criminal responsibility. Concept and Jurisprudence)
2) Intoxication;
Exception: Even though there was conspiracy, if a
co-conspirator merely cooperated in the commission Note: It is mitigating when it is not habitual
of the crime with insignificant or minimal acts, such nor subsequent to the plan to commit the
that even without his cooperation, the crime could be contemplated crime. On the other hand, it is
carried out as well, such co-conspirator should be aggravating if it is habitual or intentional.
punished as an accomplice only (People v. Niem, (Nojara, Criminal Law Concept and
CA No. 521, December 20, 1945). Jurisprudence)
1) Degree of instruction and education of the

Exception to the Exception: When the act offender
constitutes a single indivisible offense.
Note: Characterized by not illiteracy alone,
NOTE: Mere knowledge, acquiescence to, or but rather lack of sufficient intelligence
approval of the act, without cooperation or at least,
agreement to cooperate, is not enough to constitute Q: What are absolutory causes? Give examples.
a conspiracy. Except when he is the mastermind in A: Absolutory causes are those where the actors are
a conspiracy, it is necessary that a conspirator granted freedom from charge or immunity from
should have performed some overt act as a direct or burden for reasons of public policy and sentiment
indirect contribution in the execution of the crime even if their acts constitute a crime.
planned to be committed. The overt act may consist
of: The examples are:
1. Accessories with respect to spouse,
1. Active participation in the actual commission ascendants, descendants, brothers and
of the crime itself; sisters or relatives by affinity within the
2. Moral assistance to his co-conspirators by same degrees except those falling under
being present at the commission of the par. 1 of Art. 19. (Art. 20, RPC)
crime as lookout; or
2. Death or physical injuries inflicted under
3. Exerting moral ascendancy over the other exceptional circumstances under Art 247,
co-conspirators. RPC.
Q: When is the use of a loose firearm considered 3. Any person who shall enter another’s
as an aggravating circumstance? dwelling for the purpose of preventing
A: The use of a loose firearm, when inherent in the some serious harm to himself, the
commission of a crime punishable under the occupants of the dwelling, or a third person,
Revised Penal Code or other special laws, shall be or any person who shall enter a dwelling for
considered as an aggravating circumstance. the purpose of rendering some service to
humanity or justice, or anyone who shall
Q: What are alternative circumstances? enter cafes, taverns, inns, and other public
A: Alternative circumstances are those houses, while the same are open, under
circumstances which must be taken into par. 3 of Art. 280 of the RPC.
consideration as either aggravating or mitigating
according to the nature and effects of the crime and 4. In case of theft, swindling or malicious
other conditions attending its commission. mischief committed or caused mutually by
spouses, ascendants and descendants or 8. Those whose maximum term of

relatives by affinity in the same line, and imprisonment does not exceed one year;
brothers and sisters and brothers-in-law those who, upon approval of the law, had
and sisters-in-law if living together. (Art. been sentenced by final judgment; and
332, RPC) 9. Those sentenced to the penalty of
destierro or suspension.
5. Instigation, where the actor otherwise
innocent, was induced by a public officer to Rules in computing the maximum and minimum
commit the crime such that the latter periods under the Indeterminate Sentence Law
himself becomes a principal by inducement
or by indispensable cooperation. Under the Revised Penal Code:
1) Maximum period shall be anywhere within
the range imposed by the RPC, considering
Indeterminate Sentence Law (Act No. 4103, as
all attending/modifying circumstances.
amended)
2) Minimum period shall be within the range of
penalty 1 degree lower than that prescribed
Q: What is the basis for the imposition of ISLAW,
by RPC, without considering any ordinary
is it the penalty actually imposed or the
aggravating or mitigating circumstances.
prescribed penalty under the law?
Under Special Penal Law
A: It is based on the penalty actually imposed in
1) Maximum should not exceed what is
accordance with law and not upon that which may
prescribed under the special law.
be imposed in the discretion of the court. In
2) Minimum should be less than the minimum
determining whether an indeterminate sentence
prescribed law.
and not a straight penalty is proper, what is
considered is the penalty actually imposed by the
Apply Indeterminate Sentence Law and the rule
trial court, after considering the attendant
on Graduating Periods if the accused is
circumstances, and not the imposable penalty.
convicted with a prescribed penalty of reclusion
Thus, if the maximum of the imposable penalty is six
months, then the possible maximum term that can temporal in its maximum period to death, with
privileged mitigating of minority and ordinary
actually imposed is surely less than one year, the
mitigating of plea of guilt.
Indeterminate Sentence Law is not applicable. As a
result, it is proper to impose a straight penalty
(Nojara, Special Penal Law, pg. 89, 2021 ed.) 1) Apply first the privileged MC by lowering the
penalty prescribed by RPC for the offense
by one degree. [Starting Point] (1 degree
Q: When is the Indeterminate Sentence Law not
lower of reclusion temporal max to death is
applicable?
prision mayor in its maximum period to
A: The Indeterminate Sentence Law is not
reclusion temporal in its medium period)
applicable to the following:
2) Determine the minimum term by lowering
1. Persons convicted of offenses
the penalty based on the starting point. (1
punished with the death penalty or life
degree lower of SP is prison correccional
imprisonment; (This includes reclusion
maximum to prison mayor in its medium
perpetua [People v. Enriquez, 2005])
period)
2. Those convicted of treason,
3) Determine the maximum term by imposing
conspiracy or proposal to commit treason;
in the proper period the penalty made in the
3. Those convicted of misprision of
starting point, applying the ordinary MC.
treason, rebellion, sedition or espionage;
(prison mayor in its maximum period)
4. Those convicted of piracy;
Thus, the accused is sentenced to suffer an
5. Those who are habitual
indeterminate sentence of 8 years and 1 day to 10
delinquents;
years as minimum (anywhere within the range of PC
6. Those who shall have escaped
max to PM medium) to 12 years as maximum.
from confinement or evaded sentence;
(Reyes, Book 1)
7. Those who violated the terms and
conditions of conditional pardon granted to
them by the Chief Executive;
EXECUTION AND SERVICE Article 70 speaks of “service” of sentence

“duration of penalty and penalty “to be inflicted.
Three – Fold Rule Nowhere in the article is anything mentioned
about the imposition of penalty. (Nojara, Pre-
Q: What is the Three – Fold Rule? When does Week Reviewer in Criminal Law, pg 53, 2021
the rule apply? ed.)
A: According to the Three – Fold Rule, the
maximum duration of the convict’s sentence shall What is the rule on the service of two or more
not be more than three times the length of time penalties?
corresponding to the most severe of the penalties
imposed upon him. The Three – Fold Rule applies The service of two or more penalties is in successive
only when the convict has to serve at least four sequence. That is the second sentence does not
sentences. (Reyes, pp. 69 – 70, 2012 ed.) commence to run until the expiration or service of
the first. (Nojara, Criminal Law Concepts and
Q: How shall penalties under the RPC be Jurisprudence, Book I, pg 837, 2020 ed.)
executed?
A: The RPC states that no penalty shall be Notes:
executed except by virtue of a final judgment. 1) Simultaneous service is allowed if the
However, there may be suspension of sentence in nature of the penalties permits such as:
case of convicts who are insane and minor perpetual absolute disqualification,
delinquents. temporary absolute disqualification,
temporary special disqualification,
2013 BAR QUESTION suspension, public censure, fine and
Roman and Wendy are neighbors. On bond to keep the peace, civil
Valentine's Day, without prior notice, Roman interdiction, and confiscation and
visited Wendy at her condo to invite her to payment cost.
dinner, but Wendy turned him down and 2) Service of sentence does not extinguish civil
abruptly left, leaving her condo door liability. (ESTRADA, Book One, p. 342)
unlocked. Roman attempted to follow, but
appeared to have second thoughts; he simply Define probation?
went back to Wendy's condo, let himself in, Probation is a disposition under which a defendant,
and waited for her return. On Wendy's arrival after conviction and sentence, is released subject to
later that evening, Roman grabbed her from conditions imposed by the court and to the
behind and, with a knife in hand, forced her to supervision of a probation officer. (Sec. 3 PD, 968
undress. Wendy had no choice but to comply. as amended)
Roman then tied Wendy's hands to her bed
and sexually assaulted her five (5) times that Probation shall not be applied to the following
night. offenders:
Roman was charged with, and was convicted
of, five (5) counts of rape, but the judge did 1) Those sentenced to serve a maximum term
not impose the penalty of reclusion perpetua of imprisonment of more than 6 years;
for each count. Instead, the judge sentenced 2) Those convicted crime against the national
Roman to 40 years of imprisonment on the security;
basis of the three-fold rule. 3) Those previously convicted by final
Was the judge correct? (7%) judgment of an offense punished by
No. Courts must impose all the penalties for all imprisonment of more than 6 months and 1
the crimes of which the accused is found guilty, day and/or a fine more than P1,000;
but in the service of the same, they shall not 4) Once placed on probation;
exceed three times the most severe and shall not 5) Those already serving sentence at the time
exceed 40 years. the Probation Law became applicable;
6) Those who have perfected an appeal;
The three-fold rule cannot be applied in the 7) Those who were convicted of drug trafficking
imposition of penalty but in the service of or drug pushing under RA 9165, Sec. 24;
sentence. This article is to be taken into account 8) Those who were convicted of election
not in the imposition of the penalty but in offenses under the Omnibus Election Code;
connection with the service of sentence imposed.
9) If placing the offender on probation will NOT 4) Upon the death of the accused pending
serve the end of justice or the best interest appeal, his/her civil liability arising from the
of the society and the offender himself; crime is extinguished. However, he/she may
10) Those guilty of malicious reporting of money be held liable from other sources of
laundering under RA 9160, as amended; obligation. E.g., quasi-delict. (Campanilla,
and 2022)
11) In order not to depreciate the crime of torture
(RA 9745). 5) Generally, the basis of civil liability arising
from crime is the fundamental postulate of
Q: Can the accused apply for probation despite our law that “every person criminally liable x
the filing of an appeal assailing the judgement of x x is also civilly liable.”
conviction, and such is granted by the appellate
court? Underlying this legal principle is the
A: Yes. RA 10707 amended the Probation law traditional theory that when a person
which now allows application for Probation even if commits a crime, he offends two entities,
the accused files an appeal questioning the merits namely
of the judgement of conviction. It states that when a (1) the society in which he lives in or
judgement of conviction imposing a non- the political entity, called the State,
probationable penalty is appealed or reviewed, and whose law he has violated; and
such judgement is modified through the imposition (2) the individual member of that
of a probationable penalty, the defendant shall be society whose person, right, honor,
allowed to apply for probation based on the modified chastity or property was actually or
decision before such decision becomes final. directly injured or damaged by the
same punishable act or omission.
(Nojara, Special Penal Laws, pg 76, 2021 ed.)
(Lee vs. Chua, G.R. No. 181658,
August 07, 2013)
EFFECTS OF THE DEATH OF THE
ACCUSED CRIMES AGAINST PERSONS
Notes: Crimes which Involve the Age of the Offended

party
1) Criminal liability whether before or after final
judgment is extinguished upon death of the 1) If a fetus is killed inside the womb, the possible
accused because it is a personal liability. crimes will be: Intentional abortion (Art. 256)
However, civil liability is not extinguished if if the accused used violence with an intent to
the death occurs after finality of the abort the fetus. It is unintentional abortion
judgment.
(Art. 257) if the accused exerted violence
2) The death of the offended party will not without an intent to abort.
extinguish the criminal liability of the 2) If the killing is made against a child less than 3
accused. days old, the crime is infanticide (Art. 255). If
the killing is made in order to conceal dishonor,
3) When the accused dies during the pendency it is a mitigating circumstance that can be
of his appeal, his criminal liability has invoked by the mother and the maternal
already been extinguished. Considering that grandparents.
his death pending appeal extinguishes his 3) In the crime of infanticide (Art. 255), it is
criminal and civil liability ex delicto, the necessary that the child be born alive and be
criminal action must be dismissed since viable that is capable of independent existence.
there is no longer a defendant to stand as However, if the child who was expelled
the accused. From that point on, the criminal
prematurely and deliberately were alive at birth,
action had no defendant upon which the
the offense is abortion due to the fact that a
action is based. (Tuano vs. People, G.R.
No. 205871, September 28, 2016 – J. fetus with an intrauterine life of 6 months is not
LEONEN) viable. (Nojara, Criminal Law Concepts and
4) The relationship of the accused and the b) It is sufficient that the husband
offended party is not considered for the caught his wife under such
purpose of applying the crime of infanticide or circumstances that will
abortion. Thus, parricide is eliminated even if reasonably show that there is
the accused is the father/mother of the carnal knowledge between the
offended party. wife and the paramour (People v
Gonzales). However, the act of
Crimes which Involve the Relationship of the foreplay is not covered by Art. 247
Offended Party to the Accused
c) Second Stage: when the
1) Parricide (Art. 246) offender kills or inflicts serious
a) The relationship must be by blood physical injury upon the other
and in the direct line, not in the spouse and/or paramour while in
collateral line. Except between the act of intercourse, or
married spouses, the crime is still immediately thereafter, that is,
parricide. after surprising.
b) The relationship must be legitimate • If there was already a break of
except between parents and time between the sexual act
children who may have illegitimate and the killing or inflicting of the
filiation in which case, the crime is injury, the law presupposes that
still parricide. the offender regained his
c) If there is intervening illegitimate reason and therefore, the article
relationship between the victim and will not apply anymore.
the accused, parricide can no longer • However, in People vs Abarca,
be committed. For example: A has 153 SCRA 735 where the
an illegitimate son B. C the accused surprised his wife and
legitimate daughter of B is killed by his paramour in the act of illicit
A. Parricide is not committed. intercourse, as a result of which
d) When there is conspiracy, he went out to kill the paramour
relationship is personal. Thus, it in a fit of passionate outburst.
cannot be applied to a co- Although about one hour had
conspirator who is a stranger. If the passed between the time the
victim is killed, the stranger is not accused discovered his wife
liable for parricide but murder or having sexual intercourse with
homicide as the case may be. the victim and the time the latter
(Ortega, Lecture Notes on was actually killed, it was held
Criminal Law) that Article 247 was applicable,
as the shooting was a
2) Death or Physical Injuries Inflicted under continuation of the pursuit of the
Exceptional Circumstances (Art. 247) victim by the accused. Here,
the accused, after the discovery
a) First Stage: The offender must
of the act of infidelity of his wife,
surprise the other spouse with a
looked for a firearm in Tacloban
paramour or his/her daughter
City.
under 18 years and living with
• Article 247 does not provide
him/her in the act of sexual
that the victim is to be killed
intercourse. If the attack is made
instantly by the accused after
before or after the sexual
surprising his spouse in the act
intercourse, Art. 247 is no longer
of intercourse. What is required
applicable, but the offender is
is that the killing is the
entitled to mitigating circumstance
proximate result of the outrage
of sufficient provocation
overwhelming the accused
immediately preceding the act.
upon the discovery of the
infidelity of his spouse. The was used as a means to commit the crime and
killing should have been to facilitate their escape after they
actually motivated by the same accomplished their mission (People v
blind impulse. Salahuddin, Gr No. 206291).
• The article is also made
available to parents who shall Homicide (Art. 249)
surprise their daughter below 1) Homicide is the unlawful killing a person not
18 years of age in actual sexual constituting murder, parricide, or infanticide.
intercourse while “living with (Ortega Notes on Criminal Law)
them.” The act should have 2) In attempted and frustrated homicide, there is
been committed by the intent to kill; while in physical injury, no intent
daughter with a seducer. The to kill. If the victim dies as a result of the
two stages also apply. The physical injuries, the crime will be homicide
parents cannot invoke this as the law punishes the result not the intent
provision if, in a way, they have of the act. (Nojara, Criminal Law Concepts
encouraged the prostitution of and Jurisprudence, Book 2)
the daughter. (Ortega, Lecture
Notes on Criminal Law) Art. 251 - Death Art. 252 - Physical
Caused in A Injury Caused in A
Murder (Art. 248), Homicide (Art. 249), Death (Art. Tumultuous Affray Tumultuous Affray
251)/Physical Injuries (Art.252) Caused in A Tumultuous affray is the commotion in a
Tumultuous Affray tumultuous and confused manner under the
circumstances that it is not possible to identify who
Murder (Art. 248) killed or inflicted serious physical injury against
1) Qualifying circumstance under Article 248 must the victim. Only the person who used violence is
be alleged. Otherwise, the killing is only known.
homicide (Art. 249) even if during trial it was It is the inability to ascertain the perpetrator that
proved that there are qualifying circumstances. brings about the crime. It is necessary that the
Only one qualifying circumstance is enough to very person who caused the death or inflicted
physical injury cannot be known, not that he/she
qualify the killing to murder, the rest constitute
cannot be identified. If he/she is known but only
generic aggravating circumstance (Nojara, his identity is not known, then he will be charged
Criminal Law Concepts and Jurisprudence, for the crime of homicide or murder under a
Book 2) fictitious name and death or physical injury in a
2) When two or more qualifying circumstances are tumultuous affray.
necessarily included in one qualifying If a fight ensued between 20 Sigue-Sigue Gang
circumstance, the absorbed qualifying men and 20 Bahala-Na- Gang men, and in the
circumstance is not considered as generic course thereof, one from each group was killed,
aggravating circumstance. the crime would be homicide or murder; there will
3) Meanwhile, the use of a motor vehicle is be collective responsibility on both sides. Note
aggravating when it is used either to commit the that the person killed need not be a participant in
crime or to facilitate escape, but not when the the fight.
use thereof was merely incidental and was not
purposely sought to facilitate the commission of (Ortega Notes on Criminal Law)
the offense or to render the escape of the Giving assistance to suicide (Art. 253)
offender easier and his apprehension difficult. 1) The offender is giving the means to commit
4) The use of motor vehicle may likewise be suicide or positive or direct cooperation to
considered as an aggravating circumstance consummate suicide.
that attended the commission of the crime. The 2) The person attempting to commit suicide
records show that assailants used a motorcycle has no criminal liability. An attempt to
in trailing and overtaking the jeepney driven by commit suicide is not a crime under the
Saladio after which appellant’s back rider Revised Penal Code. Thus, a pregnant
mercilessly riddled with his bullets the body of woman committing a suicide by taking a
Jeremias. There is no doubt that the motorcycle
poison but did not die and, as a result, Challenging to A Duel (Art. 261)
expelled a fetus, is not criminally liable. 1) Challenging one to a fight is not a duel.
3) If the offender is the one who killed the victim, Challenging another to “come down” to
the penalty is that of homicide. (Nojara, measure prowess and see whose intestine
Criminal Law Concepts and will come out is not challenging to a duel but
Jurisprudence, Book 2) a crime of light threats under Art. 285.
(Nojara, Criminal Law Concepts and
Discharge of Firearms (Art. 254) Jurisprudence, Book 2)
This is committed by one who shall shoot at another 2) This crime is committed by any person who
any firearm but without intent to kill. shall challenge another or incite another to
1) There is complex crime of illegal discharge of give or accept a challenge to a duel or shall
firearm with homicide or physical injuries if scoff at or decry another publicly for having
the offender fired the firearm at another with refused to accept a challenge to fight to a
no intent to kill but another is killed or injured. duel.
2) Discharge of firearm may result in the 3) This is committed if no actual duel results
following crimes: alarm and scandal (Art. therefrom.
155) if the firearm is not directed at a person
and the firing produces alarm or danger as a Mutilation (Art. 262)
consequence; illegal discharge of firearm 1) Vital parts of the body must be mutilated.
(Art. 254) if it is directed at another without 2) Mutilation is not committed if the purpose is
intent to kill; and attempted homicide if the to kill. (Nojara, Criminal Law Concepts
firearm is directed at another with intent to kill and Jurisprudence, Book 2)
and fired the firearm without hitting him.
(Nojara, Criminal Law Concepts and
Serious Physical Injuries (Art. 263) Less Serious Physical Slight Physical Injuries (Art. 266)
Injuries (Art. 265)
Incapacity for labor for more than 30 Incapacity for labor for 10 days Incapacity for labor for 1 to 9 days
days or for more than 90 days or more but not more than 30
days
There must be a specific animus iniuriandi or malicious intention to do wrong against the physical integrity or well-
being of a person, so as to incapacitate and deprive the victim of certain bodily functions. Without proof beyond
reasonable doubt of the required animus iniuriandi, the overt act of inflicting physical injuries per se merely satisfies
the elements of freedom and intelligence in an intentional felony. The commission of the act does not, in itself,
make a man guilty unless his intentions are.
Thus, we have ruled in a number of instances that the mere infliction of physical injuries, absent malicious intent,
does not make a person automatically liable for an intentional felony. (Villareal v. People, G.R. No. 151258,
February 1, 2012)
Rape (rape by sexual intercourse Par. 1, Art. latter. In multiple rapes, however, will
266-A) only benefit the offenders who marries
1. The offender is a man; the victim, other offenders will not.
2. The offender had carnal knowledge (Nojara, Criminal Law Concepts and
with the victim Jurisprudence, Book 2)
3. That such act was accomplished
through the following circumstances; Rape by sexual assault (Par. 2, Art. 266-A)
a) Through force, threat, or Notes:
intimidation; 1) Rape by sexual assault is not subsumed
b) When the offended party in rape through sexual intercourse.
is deprived of reason or is Meanwhile, rape by sexual assault and
otherwise unconscious; rape by sexual intercourse may be
c) By means of fraudulent committed in the same sexual attack.
machination or grave
2) The offender may be a man or a woman.
abuse of authority; or
d) When the victim is under The offended party may be a man or
12 years of age or is woman. (Nojara, Criminal Law
demented, even though Concepts and Jurisprudence, Book 2)
none of the circumstances
Q: What is the sweetheart defense? How is it
mentioned above be
proven?
present.
A: In a sweetheart defense, an accused claims
Notes:
that he and victim were lovers, and the act of
1) Rape by sexual intercourse is a crime
sexual intercourse was a free and voluntary act
committed by a man against a woman, between them. In short, he interposes the
and the central element is carnal "sweetheart" theory to exculpate himself from the
knowledge. This crime can never be rape charge filed against him.
committed by a woman. There is carnal
knowledge when a man had sexual It is proven by compelling evidence: first, that the
bodily connections with a woman. accused and the victim were lovers; and, second,
2) The slightest penetration of the female that she consented to the alleged sexual
genitalia consummates the rape. As relations. The second is as important as the first,
such, a mere touching of the external because this Court has held often enough that
genitalia by the penis capable of love is not a license for lust. (People vs
consummating the sexual act already Andayang, G.R. No. 174861, April 11, 2011)
constitutes consummated rape.
Q: Does the absence of external signs or
3) Each rape is distinct and separate crime.
physical injuries on the complainant's body
Thus, there is no single criminal intent if negate the commission of rape?
penetrations were made at an interval of A: The absence of external signs or physical
5 minutes. injuries on the complainant's body does not
4) Rape of a victim suffering from mental necessarily negate the commission of rape,
retardation is rape under (subpar. b, Art. hymenal laceration not being, to repeat, an
266-A, deprive of reason). On the other element of the crime of rape. A healed or fresh
hand, rape of a victim who has laceration would of course be a compelling proof
intellectual disability with a mental age of of defloration. What is more, the foremost
under 12 is considered as statutory rape consideration in the prosecution of rape is the
under subparagraph d, Art. 266-A. victim's testimony and not the findings of the
Chronological age of the victim is medico-legal officer. In fact, a medical
examination of the victim is not indispensable in
followed when there is no allegation that
a prosecution for rape; the victim's testimony
the victim has intellectual disability with a alone, if credible, is sufficient to convict. (People
mental age of under 12. vs. Ramon Francica G.R. No. 208625,
5) The subsequent valid marriage of the September 06, 2017, J. Leonen)
offended party and the offender will
extinguish the criminal liability of the
Q: How are recantations viewed in rape often their mother, although at times, it may also
cases? be a relative. Discrepancies, not being elements
A: Recantations are viewed unfavorably of the crime of rape, do not diminish the credibility
especially in rape cases. Circumstances in which of AAA's declarations. Jurisprudence has held
the recantation was made are thoroughly "youth and immaturity [to be] badges of truth and
examined before the evidence of retraction can sincerity" and has generally given leeway to
be given any weight. (People vs. ZZZ G.R. No. minor witnesses when relating traumatic
229862, June 19, 2019, J. Leonen) incidents of the past. (People of The Philippines
vs. Julito Divinagracia, Sr. G.R. No. 207765 /
Q: What are the circumstances needed to be July 26, 2017, J. Leonen)
alleged in the information for qualified rape
under Article 266-B(1) of the RPC? Q: Is the rape of a child by the common-law
A: The crime of qualified rape under Article 266- husband of her biological mother considered
B (1) of the Revised Penal Code consists of the a qualifying/aggravating circumstance?
twin circumstances of the victim's minority and A: Yes. While [accused-appellant] was not the
her relationship to the perpetrator, both of which biological father of AAA, but [she] considered him
must concur and must be alleged in the as her father since she was a child. Moral
information. It is immaterial whether the influence or ascendancy added to the intimidation
relationship was proven during trial if that was not of AAA. It enhanced the fear that cowed the victim
specifically pleaded for in the information. into silence. Accused-appellant's physical
(People vs. Pablo Luad Armodia G.R. No. superiority and moral influence depleted AAAs
210654, June 07, 2017, J. Leonen) resolve to stand up against her foster father. The
threats to her and her mother's lives, as well as
Q: One night when their mother was away, the knife within accused-appellant's reach, further
AAA and BBB were left home with their father, prevented her from resisting her assailant. As
Julito. While AAA was sleeping, Julito accused-appellant sexually assaulted AAA, she
pinched her ear and ordered her to keep quiet. cried and pleaded him to stop. Her failure to shout
He then pulled down AAA's shorts and put his or tenaciously repel accused-appellant does not
finger inside her vagina. Afterwards, Julito mean that she voluntarily submitted to his
got on top of AAA and inserted his penis dastardly act. (People of The Philippines vs.
inside her vagina. Julito denied the charge Juanito Entrampas G.R. No. 212161, March 29,
against him and stated that there were 2017, J.Leonen)
inconsistencies between the testimonies of
AAA and of Sister Anabeth, the nun who Note: For this be a qualifying circumstance under
helped the girl when she ran away from home. Art. 266-B, the child must be under 18 years old.
He also contended that he was a good father
and such is the reason why his daughter Marital Rape
chose to stay home with him for 2 years from Notes:
the date of the alleged molestation. Is Julito 1) Husbands do not have property rights
guilty of the crime of rape? over their wives’ bodies. Sexual
intercourse within the realm of marriage,
A: Julito is guilty. if not consensual, is rape. Marital rape is
recognized as sexual violence under RA
Child victims of rape by their very own fathers 9262.
usually continue to live in an environment where 2) The criminal liability will be extinguished
the perpetrators consistently underscore the by subsequent forgiveness by the wife.
weakness and worthlessness of their victims. In (Nojara, Criminal Law Concepts and
addition to the continued economic dependence
of the child victims, this ensures enormous
difficulty to find a safe space for them to reveal
their ordeal and ensure protection. The animosity CRIMES AGAINST PUBLIC INTEREST
and intolerable indignity that child victims
experience often lead them to find the courage to
seek succor from someone who appears to have Q: What are the kinds of documents for
moral ascendancy over their perpetrator. This is purposes of falsification?
A: These are: thereby, the clear presumption is that he is the

1. Public documents: material author of the falsification (Nierva vs.
a. Public documents proper - People, G.R. No. 153133, September 26, 2006).
documents created, executed, or
issued by a public official in Q: What are the elements of falsification by
response to the exigencies of the public officer, employee or notary or
public service, or in the ecclesiastical minister?
execution of which a public A: The elements of the crime are as follows:
official intervened (U.S. vs. 1. That the offender is a public officer,
Asensi, G.R. No. L-11159, employee, notary public, or Ecclesiastical
August 7, 1916); minister;
b. Official documents - documents 2. That he takes advantage of his official
in the execution of which public position; and
officers take part by virtue of their 3. The offender falsifies a document
office or any document which (REYES, BOOK TWO, p.212).
has become part of the public 4. In case the offender is an ecclesiastical
records (U.S. vs. Asensi, G.R. minister, the act of falsification is
No. L-11159, August 7, 1916); committed with respect to any record or
c. Private documents punished as document of such character that its
falsification of public documents: falsification may affect the Civil status of
i. When acknowledged persons (Article 171, par. 2, Revised
before a notary public Penal Code).
(People vs. Tan, G.R.
No. 24187, March 15, Q: When is the offender considered taking
1926), advantage of his official position?
ii. When intended to be a A: The offender takes advantage of his official
part of the public or position in falsifying a document when:
official record 1. He has the duty to make or to prepare or
(Monteverde vs. otherwise to intervene in the preparation
People. G.R. No. of the document; or
139610, August 12. 2. He has the official custody of the
2002): document which he falsifies (Typoco vs.
2. Private documents - are deeds or People. G.R. No. 221857, August 16,
instruments executed by private persons 2017).
without the intervention of a notary public
or other person legally authorized, by Q: What is the crime committed if the public
which a document some disposition or officer who commits falsification did not take
agreement is proved, evidenced or set advantage of his official position?
forth (U.S. vs. Orera, G.R. No. 3810. A: He will still be criminally liable. However, he
October 18, 1907); and shall be punished under Article 172 instead of
3. Commercial documents - are those used Article 171 because he will be considered as a
by merchants or business persons to private person committing the crime of
promote or facilitate trade or credit falsification (REYES. BOOK TWO, p.213).
transactions. (Malabanan vs.
Sandiganbayan, G.R. Nos. 186329.
August 2, 2017) Q: What is the liability of heads of offices as
final approving authority if it turns out the
Q: Who is presumed the author of document to which they affixed their
signatures contains falsities?
falsification?
A: Under the Arias Principle, all heads of offices
A: In the absence of satisfactory explanation, one have a right to rely to a reasonable extent on their
who is found in possession of, and who has used, subordinate and on the good faith of those who
a forged document is presumed to be the forger prepared the documents and are not liable for the
and therefore, guilty of falsification. If a person falsification (Arias vs. Sandiganbayan, G.R. No.
had in his possession a falsified document and he 82512, December 19. 1989). However, where
made use of it, taking advantage of it and profiting there is clear evidence of conspiracy with the
authors or if through their negligence, they 2. The two signatures or handwriting, the
brought about the commission of the crime he will genuine and the forged, bear some
be liable as co-principal. resemblance to each other (U.S. vs.
Rampas, G.R. No. 9146, November 26,
Q: Must there be a genuine document in 1913).
falsification?
A: It depends on the mode of falsification, in Q: What if the offender does not have the
falsification by (1) making alteration or intent; or did not attempt to imitate the
intercalation, or (2) including in a copy a different signature?
statement, there must be a genuine document A: If there is no attempt whatsoever by the
that is falsified. In other paragraphs of Article 171, accused to imitate the signatures of the other
falsification may be committed by simulating or person so that they are entirely unlike the genuine
fabricating a document (REYES, BOOK TWO, signature, the accused may be found guilty under
p.214). the second mode of falsifying a document (U.S.
vs. Cisco, G.R. No. 12127, October 13, 1917).
Q: What are the different modes of falsifying a Q: What are the elements of falsification by
document under Article 171? causing it to appear that persons have
A: The different modes of falsifying a participated in an act or proceeding when they
document are: did not in fact so participate under Article
1. Counterfeiting or imitating any 171(2)?
handwriting, signature or rubric; A: The elements of falsification by causing it to
2. Causing it to appear that persons have appear that persons have participated in an act or
participated in any act or proceeding proceeding when they did not in fact so
when they did not in fact so participate; participate under Article 171(2) are:
3. Attributing to persons who have 1. That the offender caused it to appear in a
participated in an act or proceeding document that a person or persons
statements other than those in fact made participated in an act or proceeding; and
by them; 2. That such persons did not in fact so
4. Making untruthful statements in a participate in the act or proceeding.
narration of facts;
5. Altering true dates; Note: The imitation of the signature of the
6. Making any alteration or intercalation in a offended party is not necessary in this mode of
genuine document which changes its falsification (REYES, BOOK TWO, p.218).
meaning;
7. Issuing in an authenticated form a
document purporting to be a copy of an Q: What are the elements of falsification by
original document when no such original attributing to persons who have participated
exists, or including in such a copy a in any act or proceeding statements other
statement contrary to, or different from, than those in fact made by them under Article
that of the genuine original; and 171(3)?
8. Intercalating any instrument or note A: The elements of falsification by attributing to
relative to the issuance thereof in a persons who have participated in any act or
protocol, registry, or official hook (Article proceeding statements other than those in fact
171, Revised Penal Code). made by them under Article 171(3) are:
1. That persons participated in an act or
Q: What are the elements of falsification by proceeding;
counterfeiting or imitating (feigning) any 2. That such person or persons made
handwriting, signature, or rubric under Article Statements in that act or proceeding; and
171(1)? 3. That the offender in making a document,
A: The elements of falsification by counterfeiting attributed to such person, statements
or imitating (feigning) any handwriting, signature, other than those in fact made by such
or rubric under Article 171(1) are: person.
1. That there be an intent to imitate or an
attempt to imitate; and
Q: What are the elements of falsification by document or the effects thereof (People v.
making untruthful statements in a narration of Reodica, G.R. No. 42557, December 7, 1935).
facts under Article 171(4)?
A: The elements of falsification by making Q: What are the elements of falsification by
untruthful statements in a narration of facts under making alterations or intercalations in a
Article 171(4) are: genuine document which changes its
1. That the offender makes in a document meaning under Article 171(6)?
statements in a narration of facts; A: The elements of falsification by making
2. That he has the legal obligation to alterations or intercalations in a genuine
disclose the truth of the facts narrated by document which changes its meaning under
him; Article 171(6) are:
3. That the facts narrated by the offender
1. That there be an alteration (change) or
are absolutely false; and
intercalation (insertion) on a document;
4. That the perversion of truth in the
2. That it was made on a genuine
narration of facts was made with the
document;
wrongful intent of injuring a third person
3. That the alteration or intercalation has
(Cabigas vs. People, G.R. No. L-67472,
changed the meaning of the document;
July 3, 1987).
and
4. That the change made the document
Q: What if the falsification is committed in an speaks of something false (Tadena vs.
affidavit or a statement required by law to be People, G.R. No. 228610, March 20,
sworn? 2019).
A: If the narration of facts is contained in an
affidavit or a statement required by law to be Q: What acts of falsification are punished
sworn to, the crime committed is perjury (REYES, under Article 171(7)?
BOOK TWO, p.220).
A: The acts punishable under Article 171(7) are:
1. Issuing in authenticated form a document
Note: The public officer must have taken purporting to be a copy of an original
advantage of his or her official position to commit document when no such original exists;
the falsification, either because he or she has the and
duty to make, prepare, or intervene in the 2. Including in such a copy a statement
preparation of a document, or because he or she contrary to, or different from, that of the
has the official custody of the falsified document. genuine original.
Y, as the NAMRIA Administrator tasked with
conducting geophysical surveys as well as Note: The acts of falsification mentioned in this
managing resource information needed by both paragraph cannot be committed by a private
the public and private sectors, had the duty to individual or by a notary public or a public officer
disclose the truth of the facts he narrated in his who does not take advantage of his official
letter. It was not a mere opinion letter, but rather position, since the authentication of a document
was what served as basis for the Republic’s can be made only by the custodian or the one
entering into the Compromise Agreement with X. who prepared and retained a copy of the original
In purposefully making untruthful statements in a document (REYES, BOOK TWO, p. 228).
narration of facts, Y must thus be held liable for
falsification. (Garcia-Diaz vs. Sandiganbayan,
G.R. 193236 & 193248-49, September 17, 2018, 2015 BAR
penned by Justice M.V. Leonen) Q: Erwin and Bea approached Mayor Abral
and requested him to solemnize their
marriage. Mayor Abral agreed. Erwin and
Q: What constitutes falsification under Article
Bea went to Mayor Abral's office on the day
171(5)?
of the ceremony, but Mayor Abral was not
A: There is falsification under the paragraph only there. When Erwin and Bea inquired where
when the date mentioned in the document is Mayor Abral was, his chief of staff Donato
essential: The alteration of the date or dates in a informed them that the Mayor was
document must affect either the veracity of the campaigning for the coming elections.
Donato told them that the Mayor authorized
him to solemnize the marriage and that Soriano vs. People. G.R. No.
Mayor Abral would just sign the documents 245419, June 19, 2019).
when he arrived. Donato thereafter 2. Falsification of private document by any
solemnized the marriage and later turned person (Article 172(2), Revised Penal
over the documents to Mayor Abral for his Code)
signature. In the marriage contract, it was a. That the offender committed any
stated that the marriage was solemnized by of the acts of falsification except
Mayor Abral. What crime(s) did Mayor Abral those in par. 7, enumerated in
and Donato commit? Explain. Article 171;
b. That the falsification was
SUGGESTED ANSWER: committed in a private
Mayor Abral is liable for falsification of public document; and
document by a public officer under Article 171 c. That the falsification caused
of the RPC. Making an untruthful statement by damage to a third party or at
stating in a marriage contract, a public least the falsification was
document, that the marriage was solemnized committed with the intent to
by him, is an act of falsification. The crime of cause damage (Dizon vs.
illegal marriage is not committed because People, G.R. No. 144026, June
element that “the offender has performed an 15, 2006)
illegal marriage ceremony” is lacking (Ronulo
v. People, G.R. No. 182438, July 2, 2014). 3. Use of falsified documents (judicial
proceedings) (Article 172, par.2,
Donato committed the crime of usurpation of Revised Penal Code).
function under Article 177 of the Revised Penal a. Introducing in a Judicial
Code because he performed the act of proceeding:
solemnizing marriage, which pertained to the i. That the offender knew
mayor, a person in authority, without being that the document was
lawfully entitled to do so. The crime of illegal falsified by another
marriage is not committed, because the person;
element that “the offender is authorized to ii. That the false document
solemnize marriage” is lacking (Ronulo v. was embraced Article
People, G.R. No. 182438, July 2, 2014). 171 or in subdivision No.
1 or 2 of Article 172; and
Q: What are the punishable acts under Article iii. That he introduced said
172, falsification by private individuals and document in evidence in
use of falsified documents? Enumerate the tiny judicial proceeding
requisites for each act. (Borlongan vs. Peña,
G.R. No. 143591, May
A: The following are the punishable acts under
05, 2010).
Article 172 and their requisites:
4. Use of falsified documents (other
1. Falsification of public, official or proceedings)
commercial document by a private i. That the offender knew
individual (Article 172(1), Revised that the document was
Penal Code); falsified by another
a. The offender is a private person;
individual or a public officer or ii. that the false document
employee who did not take was Embraced in Article
advantage of his official position: 171 or in subdivision No.
b. That he committed Any of the 1 or 2 of Article 172; and
acts of falsification enumerated iii. That he used such
in Article 171 (1-6); and document (not in judicial
c. That the falsification was proceeding); and
committed in a public or official or iv. That the use of the false
commercial document (REYES, document caused
BOOK TWO, p.229-230; damage to another or at
least it was used with
intent to cause damage with the Department of Environment and

(REYES, BOOK TWO, Natural Resources (DENR) at the Community
p.244). Environment and Natural Resources Office in
Romblon. In her application, she stated that
Q: How can the crime of falsification of a she was a Filipino citizen, although she was
private document be consummated? still a naturalized Russian citizen at that time. It
A: Two things must concur to be liable for was only six months after she filed the MLA
falsification of a private document: that she filed her petition for dual citizenship
1. He must have falsified the same; and under R.A. No. 9225. When DENR discovered
2. He must have performed an independent that, at the time of filing the MLA, she was still
act on the falsified document which a Russian citizen, her application was denied
operates to the prejudice of third and she was charged with falsification of a
persons. (REYES, BOOK TWO, p.237). public document for misrepresenting herself as
a Filipino citizen. Infuriated, Robina also filed
Q: What is the essential difference between charges against Ramsey for falsification of a
falsification of private documents and that of private document for stating in their
public or official documents? "Kasunduan" that the property was alienable
A: The essential difference between falsification and disposable.
of private documents and that of public or official
documents lies in the fact that while in the former, In the case for falsification of a public
the prejudice to a third party is primarily taken into document, Robina's defense was that, at the
account' so that if such damage is not apparent, time she filed the MLA, she had every intention
or there is at least no intention to cause it, the to reacquire Philippine citizenship, as in fact
falsification is not punishable; in the latter, that is. she filed for dual citizenship six months
in the falsification of public or official documents, thereafter, and that she had no intent to gain or
the principal thing punished is the violation of to injure the Philippine government since she
public faith and the perversion of truth which the expected that her application for dual
document solemnly proclaims, and for this reason citizenship would be approved before the MLA
it is immaterial whether or not some prejudice has could be approved. On the other hand, she
been caused to third persons (People vs. claimed in the action against Ramsey that
Pacana, G.R. No. L-22642, December 19, intent to gain was present since he received
1924). the purchase price as a result of his
misrepresentation. Ramsey's defense was that
he had a valid Transfer Certificate of Title in his
2018 BAR name, and he had a right to rely on his title.
Q: Robina bought from Ramsey a seaside
property located in Romblon. At that time, she Will the case for falsification of private
was in the process of returning to the document filed against Ramsey prosper?
Philippines as a returning resident, after
retiring from her work in Russia, and was SUGGESTED ANSWER:
planning to set up a diving school in the area. The elements of falsification of private
In a non-notarized "Kasunduan ng Pagbibili," documents under paragraph 1, Article 172 of
Ramsey represented the property as alienable the RPC are:
and disposable, and that he had a valid title to 1. That the offender is a private individual
the property. or a public officer or employee who did
not take advantage of his official
When the sale was completed, and as she was position;
applying for permits and licenses for her 2. That he committed any of the acts of
school, she found out that the property was a falsification enumerated in Article 171
public non-alienable and non-disposable land of the RPC; and
which Ramsey had bought from someone who 3. That the falsification was committed in
only had a foreshore lease over the same. As a public, official or commercial
she was bent on setting up the diving school in document.
the area, having made all the preparations and
having already bought all the equipment, she Yes. Ramsey, as a private individual,
filed a Miscellaneous Lease Application (MLA) committed the act of making untruthful
statements in a narration of facts on a 1. Physician or surgeon who, in connection

commercial document (unnotarized with the practice of profession issued a
Kasunduan ng Pagbibili). false certificate;
2. Public officer who issued a false
Q: What are the punishable acts under Article certificate of merit or service, good
173? Enumerate the elements for each act. conduct or similar circumstances; and
3. Private individual who falsified a
A: The punishable acts under Article 1.73 are:
certificate falling in the classes
1. Uttering fictitious wireless, telegraph or
mentioned in Nos. 1 and 2 (Article 174,
telephone message (Article 173, par.1,
Revised Penal Code).
Revised Penal Code)
a. The offender is an officer or
Q: What are the elements of the crime of
employee of the government or
using false certificates?
an officer or employee of a
A: The elements of the crime of using false
private corporation, engaged in
certificates are:
the service of sending or
1. That a physician or surgeon had issued a
receiving wireless, cable or
false medical certificate, or a public
telephone message; and
officer had issued a false certificate of
b. The offender utters fictitious
merit or service, good conduct, or similar
wireless cable, telegraph or
circumstances, or a private person had
telephone message;
falsified any of said certificates;
2. Falsifying wireless, telegraph or
2. That the offender knew that the certificate
telephone messages (Article 173, par.1,
was false; and
Revised Penal Code)
3. That he used the same (Article 175,
a. that the offender is an officer or
Revised Penal Code)
employee of the government or
an officer or an employee of a
Note: When any of the false certificates
private corporation, engaged in
mentioned in Article 174 is used in the judicial
the service of sending or
proceeding, Article 172 does not apply because
receiving wireless, cable or
the use of false document in judicial proceeding
telephone message; and
under Article 172 is limited to those false
b. That he Falsifies wireless,
documents embraced in Articles 171 and 172.
telegraph or telephone
messages.
Q: What are the two ways of committing the
3. Using such falsified messages (Article
crime under Article 177?
173, par. 2, Revised Penal Code)
a. That the accused knew that A: The two ways committing the crime under
Article 177 are:
wireless, cable, telegraph or 1. By knowingly misrepresenting oneself to
telephone message was falsified be an officer, agent or representative of
by any person specified in Article any department or agency of the
173 par. 1; Philippine government or of any foreign
b. That the accused used such government (Usurpation of Authority); or
falsified dispatch; and 2. By performing any act pertaining to a
c. That the use of the falsified person in authority or public officer of the
government under the pretense of official
dispatch resulted in the prejudice position and without being lawfully
of a third party, or that the use entitled to do so (Usurpation of Official
thereof was with the intent to Functions) (Article 177, Revised Penal
cause such prejudice (REYES, Code)
BOOK TWO, p.245-247).
Q: May a de facto officer be held liable under
Q: Who may be liable for the falsification of Article 177?
certificates under Article 174? A: No. Article 177 punishes the usurper or one
A: The persons who may be liable for the who acts under false pretenses and not the
falsification of certificates are: occupant under color of title (REYES, BOOK
TWO, p.254).
Note: There must be a positive, express and Q: What are the instances when a Filipino
explicit representation on the part of the offender citizen residing in this country can use an
(REYES, BOOK TWO, p.253). alias legally (RA No. 6085):
A: The following are the Instances:
The crime of usurpation of authority punishes the 1. As a pseudonym in cinematic and other
act of knowingly and falsely representing oneself entertainment fields;
to be an officer, agent, or representative of any 2. As a pen name in literary compositions or
department or agency of the government. works;
However, Y did not claim to write for and on 3. As a pseudonym in television and radio
behalf of the President in the letter. Y didn’t broadcasting.
maliciously represent himself as an agent, officer,
or representative of the government. He signed Q: What are the elements of Illegal use of
the letter under his own name and under the uniforms or insignia?
words, “By Authority of the Secretary.” Clearly,
the Ombudsman is correct in finding that there A: The elements are:
wasn’t sufficient evidence to support an 1. That the offender makes use of insignia,
indictment for usurpation of authority or official uniform, or dress;
functions. (Degamo vs. Office of the 2. That the insignia, uniform or dress
Ombudsman, G.R. No. 212416, December 5, pertains to an office not held by the
2018, penned by Justice M.V. Leonen). offender or to a class of person of which
he is not a member; and
Q: What is a fictitious name? 3. That said insignia, uniform or dress is
A: A fictitious name is any other name which a used publicly and improperly
person publicly applies to himself without (REYES, BOOK TWO, p.261).
authority of law (U. S. vs. To Lee Piu, G.R. No.
11522, September 25, 1916).
Section 2 – False Testimony
Q: What are the elements of using fictitious Q: How is false testimony committed?
name? A: False testimony is committed by a person who,
A: The elements of using fictitious name are: being under oath and required to testify as to the
1. That the offender uses a name other than truth of a certain matter at a hearing before a
his real name; competent authority, shall deny the truth or say
2. That he uses that fictitious name publicly;
and something contrary to it (REYES, BOOK TWO,
3. That the purpose of the offender is: p.263)
a. To conceal a crime;
b. To evade the execution of a Q: What are the forms of false testimony?
judgment; or A: The forms of false testimony are:
c. To cause damage to public
interest (REYES, BOOK TWO, 1. False testimony in Criminal cases -
p.258). whether in favor of or against the
defendant (Articles 180 and 181,
Q: What if the purpose is to cause private, and Revised Penal Code);
not public damage? 2. False testimony in Civil cases (Articles
A: If damage is caused to private interest, the 182, Revised Penal Code); and
crime will be estafa under Article 315, subdivision 3. False testimony in other cases (Articles
2 (REYES, BOOK TWO, p.258). 183, Revised Penal Code).
Q: What are the elements of concealing true Q: What are the elements of false testimony
name? against a defendant?
A: The elements of concealing true name are: A: The elements of false testimony against a
1. That the Offender conceals: defendant are:
a. His true name, and 1. That there be a criminal proceeding;
b. All other personal 2. That the offender testifies falsely under
circumstances; and oath against the defendant therein;
2. That the purpose is only to conceal his 3. That the offender who gives false
Identity (REYES, BOOK TWO, p.259). testimony knows that it is false; and
4. That the defendant against whom the
false testimony is given is either
acquitted or convicted in a final judgment Judge of the RTC of Makati, G.R. No.
(People vs. Maneja, G.R. No. 47684, 137010, August 29, 2003).
June 10, 1941).
Q: What if the testimony is given in a special
Q: What are the elements of false testimony proceeding?
favorable to the defendant? A: Article 182 is not applicable when the false
A: The elements of false testimony favorable to testimony is given in special proceedings. Article
the defendant are: 182 applies only to ordinary civil cases, as
1. That there be a criminal proceeding; contemplated in Section 1, Rule 2 of the Rules of
2. That the offender testifies falsely under Court, and does not apply to special proceedings,
oath in favor of the defendant therein; such as the summary settlement of estates of
and small value, under Section 2 Rule 74, of the Rules
3. That the offender who gives false of Court, which may fall under the category of
testimony knows that it is false (Articles "other cases" contemplated in Article 183
181, Revised Penal Code). (REYES, BOOK TWO, p.269).
Q: May a witness who gave a false testimony Q: What are the two (2) ways of committing
be held liable even if his testimony was not
perjury under Article 183?
considered by the court?
A: The two (2) ways of committing perjury are:
A: Yes. Since the law punishes the false witness 1. By falsely testifying under oath; or
regardless if the defendant is acquitted or 2. By making a false affidavit (REYES,
convicted, it would seem that the law intends to BOOK TWO, p.271).
purii01 the mere giving of false testimony in
criminal proceedings (REYES, BOOK TWO, Q: What are the elements of making a false
p.264). False testimony is punished not because affidavit?
of the effect it actually produces but because of A: The elements of making a false affidavit are:
its tendency to favor or to prejudice the defendant 1. That the accused made a Statement
(REYES, BOOK TWO, p.266-267). under oath or executed an affidavit upon
a material matter;
Q: May the accused himself be liable for
2. That the statement or affidavit was made
making false statements favorable to him? before a competent officer authorized to
A: A defendant who falsely testifies in his own receive and administer oath;
behalf in a criminal case can only be guilty under 3. That in that statement or affidavit, the
Art.181 when he voluntarily goes up on the accused made a willful and deliberate
witness stand and falsely imputes to some other assertion of a falsehood; and
person the commission of a grave offense. If he 4. That the sworn statement or affidavit
merely denies the commission of the crime or his containing the falsity is required by law or
participation therein, he should not be prosecuted made for a legal purpose (Union Bank of
for false testimony (U.S. vs. Soliman, G.R. No. the Philippines and Tomas vs. People,
L-11555. January 6, 1917). G.R. No. 192565, February 28, 2012).
Q: What are the elements of false testimony in Q: What Is a "material matter" in relation to the
civil cases? crime of perjury?
A: The elements of false testimony in civil cases A: It is the main fact which was the subject of the
are: inquiry or any circumstance or fact which tends to
1. That the testimony must be given in a civil prove" the fact subject of the inquiry, which tends
case; to corroborate or strengthen the testimony
2. That the testimony must relate to the relative to such inquiry, and which legitimately
Issues presented in said case; affects the credit of any witnesses who testifies
3. That the testimony must be false; (Spouses Aboitiz vs. Spouses Po, G.R. Nos.
4. That the false testimony must be given by 208450 & 208497, June 15, 2017)
the defendant knowing it to be false; and
5. That the testimony must be malicious Q: Why is good faith or lack of malice
and given with an intent to affect the available as a defense in perjury and false
issues presented in said case (Ark testimony?
Travel Express, Inc. vs. The Presiding
A: It is required in all these crimes that the 2) The duration of detention which is 3 days
offender has knowledge of the falsity or the is immaterial in two instances:
untruthfulness of the facts he testifies or attest to. a. If the victim is kidnapped and
Therefore, lack of malice or good faith in believing illegally detained for the purpose
that the false matters were true can be used as a of extorting ransom.
defense in the imputation of said crimes (People b. If the victim is a minor, female or
vs. Abaya. G.R. No. 47710, December 28,
public official
1942).
3) When the victim is a minor and the
Q: How is subornation of perjury committed? accused is any of the parents, the crime
A: Subornation of perjury is committed by a is inducing a minor to abandon his home
person who knowingly and willfully procures defined and penalized under the second
another to swear falsely and the witness paragraph of Art. 271.
suborned does testify under circumstances
rendering him guilty of perjury (U.S. vs. Ballena,
G.R. No. L-6294, February 10, 1911). Kidnapping with Murder/Homicide (Art. 267,
Subornation of perjury is not expressly penalized as amended by RA 7659)
in the RPC; but the direct inducement of a 1) In the special complex crime of
person by another to commit perjury may be Kidnapping for Ransom with Homicide,
punished under Article 183 in relation to Article the person kidnapped is killed in the
17 (REYES, BOOK TWO, p.278). course of the detention, regardless of
whether the killing was purposely sought
Q: What are the elements of offering false or was merely an afterthought.
testimony in evidence? 3) RA 7659 effectively eliminated the
A: The elements of offering false testimony in
distinction drawn by the courts between
evidence are:
those cases where the killing of the
1. That the offender offered in evidence a
false witness or testimony; kidnapped victim was purposely sought
2. That he knew the witness or testimony by the accused, and those where the
was false; and killing was not deliberately resorted to but
3. That the offer was made in a judicial or was merely an afterthought. (Nojara,
official proceeding (Article 184, Criminal Law Concepts and
Revised Penal Code) Jurisprudence, Book 2)
Kidnapping with Rape

CRIMES AGAINST PERSONAL LIBERTY AND 1) No matter how many rapes had been
SECURITY committed in the special complex
crime of kidnapping with rape, the
resultant crime is only one
kidnapping with rape because these
Crimes Against Liberty composite acts are regarded as a
single indivisible offense.
Kidnapping and serious illegal detention (Art.
2) In kidnapping with rape, there is no
267)
lewd design.
Notes: 3) In kidnapping with rape (Art.267),
the offender should not have taken
1) The offender in this crime must be a the victim with lewd designs. On the
private citizen or public officer who has other hand, in forcible abduction
no duty to detain. If it is a public officer with rape, the taking is with lewd
who has a duty under the law to detain a design. There can only be one
person but detains said person without complex crime of forcible abduction
any legal ground is liable for arbitrary with rape. The crime of forcible
detention defined and penalized under abduction was only necessary for the
Article 124. first rape. (Nojara, Criminal Law
Concepts and Jurisprudence, Criminal Law Concepts and

Book 2) Jurisprudence, Book 2)
Unlawful Arrest (Art. 269) Grave Coercions (Art. 286)

1) The gravamen of this crime is the making 1) If there is no deprivation of liberty as the
of arrest without legal ground for the victim had the freedom to roam but only
purpose of delivering the victim to compelled not to leave the house, the
authorities. (Nojara, Criminal Law crime is coercion, otherwise, it is illegal
Concepts and Jurisprudence, Book 2) detention
2) The detention is only incidental; the 2) The crime is robbery when the
primary criminal intention of the offender intimidation is used to take property of
is to charge the offended party for a crime another with intent to gain. If the purpose
he did not actually commit. (Ortega of the offender is to compel another to do
Notes on Criminal Law) something against his will without
authority of law, the crime is coercion.
Trespass to dwelling (Art. 280) 3) In grave coercion (Art. 286), the
1) Trespassing is committed when the purpose is either to prevent another from
intention of the offenders to commit doing something not prohibited by law or
another crime is not shown. compelling another to do something
2) The fact that the door is fastened by a against his will. In light coercion (Art.
string too weak and inadequate to hold it 287), the purpose is specific, that is to
fast does not alter the fact that the victim seize something from the debtor to apply
wished it to be understood that he did not the same to the payment of debt.
desire anyone to enter without his (Nojara, Criminal Law Concepts and
express consent, or when the offended Jurisprudence, Book 2)
party told the offender to wait outside
then closed the door behind him. Q: Aya, a 9-year-old girl, was fetched from
3) In trespass to dwelling (Art. 280), the school by her aunt, Bea, and was brought to a
offender enters a dwelling house and house in Nueva Ecija. Despite Aya’s plea to go
inhabited. While in other forms of home, Bea refused to let Aya go home despite
trespass (Art. 281), the offender enters the call made by the child’s parents via
a closed premises or fenced estate and cellular phone begging her to release their
daughter. Bea contends that Aya had not been
uninhabited. (Nojara, Criminal Law
deprived of liberty while in her custody. She
Concepts and Jurisprudence, Book 2)
argues that the records are bereft of any
indication that Aya was physically restrained,
Grave Threats (Art. 282) or was under her constant control, or was
1) Grave threats used in the commission of ever prevented from going home. She claims
occupation of real property is not that during the period she had custody of Aya,
absorbed by the latter. Art. 312 the latter was free to interact with third
(Occupation of real property) states persons and communicate with her relatives,
that “in addition to the penalty incurred for and was well taken care of.
the acts of violence executed by him. A: The prevailing jurisprudence on kidnapping
2) In grave threats, the wrong threatened and illegal detention is that the curtailment of the
amounts to a crime which may or may not victim's liberty need not involve any physical
be accompanied by a condition. In light restraint upon the victim's person. For kidnapping
to exist, it is not necessary that the offender kept
threats (Art. 283), the wrong threatened
the victim in an enclosure or treated him harshly.
does not amount to a crime but is always (People of the Philippines v. Fabro or
accompanied by a condition. In other Manalastas, G.R. No. 208441, July 17, 2017)
light threats (Art. 285), the wrong
threatened does not amount to a crime Q: Is demand for ransom necessary to
and there is no condition. (Nojara, consummate the Crime of Kidnapping?
A: No. Asking for Ransom Money is not an 4) In robbery with use of force upon things,
element of the offense. If the purpose of there must be an actual breaking of an
kidnapping is to extort ransom even if there is no outside door in order to gain entrance.
actual demand, it will aggravate the penalty 5) It is theft if the keys are legitimately given
to the accused because in robbery with
Q. Can a public officer commit kidnapping and use of false keys, the keys should be
serious illegal detention?
stolen from their owner. (Nojara,
A: Yes. If the public officer is not vested by law
with authority to effect arrest and to detain a Criminal Law Concepts and
person, the said public officer is acting in his Jurisprudence, Book 2)
private capacity. The crime committed is
kidnapping and serious illegal detention under Special Complex Crime (Art. 294)
Art. 267 and not Arbitrary Detention. Offender
Robbery with homicide
must be a private individual because if he is a
public officer who has been vested by law to 1) Robbery is the purpose, and the killing is
make an arrest and he detains a person; it will be incidental
Arbitrary Detention. 2) When robbery follows the killing as an
afterthought or incidental, two crimes are
2012 BAR QUESTION committed: robbery and homicide. If the
Q: What is the crime committed by any person offender’s original criminal design does
who, without reasonable ground, arrests or not clearly comprehend robbery.
detains another for the purpose of delivering 3) The person killed need not be victim of
him to the proper authorities? the robbery
A: Unlawful arrest. The crime of unlawful arrest
punishes an offender's act of arresting or detaining 4) If there is conspiracy, all the co-
another to deliver him or her to the proper conspirators are equally liable as
authorities, when the arrest or detention is not principal for the crime of robbery with
authorized, or that there is no reasonable ground homicide even if they did not participate
to arrest or detain the other. in the killing unless it is clearly shown that
they endeavored to prevent the unlawful
killing. (Nojara, Criminal Law Concepts
CRIMES AGAINST PROPERTY and Jurisprudence, Book 2)
Robbery (Art. 293)

1) As to robbery with violence or Robbery with Rape
intimidation of persons, taking is 1) The original intent is to take personal
complete from the moment one gains property
possession of the thing even if he has 2) There is no robbery with rape if the facts
had no opportunity to dispose of the show that immediately after the accused
same. As to robbery with force upon put his arms around the victim and
things, the thing must be taken out of the directed the knife at her neck, he dragged
building to consummate the crime. her to the vacant space in ABC
2) If the offender merely broke the glass of commercial complex and removed her
the window, and from the outside he clothes. These acts clearly showed that
merely introduced his hand through the the accused had in mind sexual
whole in order to take the item, there is gratification.
no robbery with force upon things. It is 3) Robbery with rape is committed even if
only theft. the rape took place in another place.
3) Theft, not robbery, is committed when However, when robbery was already
there is no violence. If in snatching the completed, rape is considered separate
offender did not employ violence, force, crime.
or intimidation, the crime is only theft. 4) Rape need not be rape by sexual
intercourse. (Nojara, Criminal Law
Concepts and Jurisprudence, Book 2)
Brigandage (Art. 306)

1) The gravamen of the crime is the act of Yes, X is criminally liable for the crime of simple
forming of more than three armed theft under article 308 of the Revised Penal
persons to form a band of robbers for the Code. For the personal property to be the
purpose of committing robbery in the subject of theft, it is only required that it is
highway, kidnapping persons for the capable of appropriation. That is to deprive the
purpose of extortion or to obtain ransom lawful owner of the property. Here, the puppy
for any purpose to be attained by means is a personal property which can be
of force and violence. appropriated, and intent to gain is present
2) In brigandage, the crime is the act of when X brought the puppy home with intent to
forming more than three armed own. X is also civilly liable to the owner of the
malefactors for the purposes mentioned puppy if he incurred loss due to the taking. It
by the law. While in robbery by band, would constitute theft if the finder finds a legally
the purpose is only to commit robbery. regarded lost property and fails to deliver it to
(Nojara, Criminal Law Concepts and local authority or to its owner.
Q: Ligtas was convicted for the crime of theft.

Theft (Art. 308) The prosecution alleged that Anecita Pacate,
1) The corpus delicti of theft is as follows: the landowner, instructed Cabero and his men
a. The property was lost by the to go to the abaca plantation. They were
owner; surprised when they saw Ligtas with other 3
b. It was lost by felonious taking. men were harvesting abaca. Ligtas also
2) There is no frustrated theft because threatened the group of Cabero that if they
unlawful taking is deemed complete from persist there would be loss of life. Cabero
the moment the offender gains reported the matter to Anacita and the police.
possession of the thing, even if he has no Cabero went back to the plantation and found
opportunity to dispose of the same. that 1000 kilos of abaca were harvested by
When the taking is incomplete, the crime Ligtas, in which the latter admitted the
is only attempted theft harvesting of abaca as he was the rightful
3) There is unlawful taking even if initially tenant of the land. For the defense, Ligtas
the possession is lawful. A taxi driver who alleged that he filed a complaint for
failed to return the taxicab despite Maintenance of Peaceful Possession before
demand by the owner committed theft. the Department of Agrarian Reform
4) Any person who has found a lost property Adjudication Board (DARAB), in which the
and failed to deliver the same to the local latter ruled that Ligtas was a bona fide tenant
authorities or its owner is guilty of theft. of the land. The DARAB decision was formally
5) Mere use of the thing is sufficient to offered during trial, but trial court still
convicted Ligtas for the crime of theft.
constitute gain or intent to gain. (Nojara,
Criminal Law Concepts and
Is the conviction of Ligtas for the crime of
theft proper?
2010 BAR QUESTION
A: No. The essential elements of theft are: (1)
On her way home, X saw an injured puppy. taking of personal property; (2) the property
Since the puppy did not have a collar, she taken belongs to another; (3) the taking was
brought it home so she could have it as a done without the owner’s consent; (4) there was
pet. Her son in fact begged X to keep the intent to gain; and (5) the taking was done
puppy. The following day, X bought a collar without violence against or intimidation of the
for the puppy and brought it to a person or force upon things.
veterinarian for treatment. Did X incur
criminal liability in bringing the puppy A tenant is entitled to the products of the land he
home as a pet? Did she incur civil liability? or she cultivates. The landowner’s share in the
produce depends on the agreement between the g) If the property is taken on the occasion
parties. Hence, the harvesting done by the tenant of a calamity or accident or any
is with the landowner’s consent disturbance.
The existence of the DARAB Decision NOTES:

adjudicating the issue of tenancy between
1) There must be allegation in the
petitioner and private complainant negates the
information and proof that there exist
existence of the element that the taking was done
without the owner’s consent. The DARAB between the offended party and the
Decision implies that petitioner had legitimate accused such high degree of confidence
authority to harvest the abaca. The prosecution, or that the stolen goods have been
therefore, failed to establish all the elements of entrusted to the custody or vigilance of
theft. the accused.
2) In People v Mijares, GR. No. 225735,
In Pit-og v. People, this court acquitted petitioner J.Leonen, the Court convicted the
of theft of sugarcane and banana crops on the accused of qualified theft wherein the
basis of reasonable doubt. The prosecution failed accused (domestic servant) brought the
to prove lack of criminal intent on petitioner's part. valuables of her employer to a stranger
It failed to clearly identify "the person who, as a upon the call of the latter saying that her
result of a criminal act, without his knowledge and employer was involved in an accident.
consent, was wrongfully deprived of a thing However, it was found that it was not true
belonging to him. because there is sufficient proof that it
was the accused who took the valuable
In this case, petitioner harvested the abaca, of her employer. She never hesitates to
believing that he was entitled to the produce as a push with her plan despite warnings by
legitimate tenant cultivating the land owned by her co-workers and security personnel.
private complainant. Personal property may have 3) A branch operation officer of a bank
been taken, but it is with the consent of the owner. committed grave abuse of confidence as
(Ligtas v People, Gr No 200751, Aug. 17, 2015, the management of the bank reposed its
Leonen, J.:) trust and confidence in the accused as its
branch operation officer.
Qualified Theft (Art. 310) 4) Theft committed by a domestic helper is
The circumstances which would qualify the crime always considered as qualified theft.
of theft are as follows: However, theft committed by a laborer is
a) If theft is committed by a domestic only simple theft. (Nojara, Criminal Law
servant; Concepts and Jurisprudence, Book 2)
b) If theft is committed with grave abuse of 5) Theft of large cattle is not anymore
confidence; qualified theft but a violation of the Anti-
c) If the property taken is a motor vehicle. Castle Rustling Law of 1974 (PD 533)
(There can still be a qualified theft of
motor vehicle if the motor vehicle Usurpation of Real Property or Usurpation of
taken is one of those excluded from Real Rights in Property (Art. 312)
1) The requisites of usurpation are that the
the definition of “motor vehicle” in
accused took possession of another's
R.A. 6539. If not excluded, then theft
real property or usurped real rights in
of motor vehicle is carnapping under
another's property; that the possession or
R.A. 6539) usurpation was committed with violence
d) If the property taken is a mail matter; or intimidation and that the accused had
e) If the property taken consists of animo lucrandi. In order to sustain a
coconuts from a coconut plantation; conviction for "usurpacion de derecho
f) If the property taken consists of fish reales," the proof must show that the real
taken from a fishpond or fishery; and property occupied or usurped belongs,
not to the occupant or usurper, but to
some third person, and that the 6) The novation of a contract from agency
possession of the usurper was obtained to that of sale or loan before the filing of
by means of intimidation or violence done the criminal complaint will relieve the
to the person ousted of possession of the accused of criminal liability. (Nojara,
property. (Quinao vs People, Gr No Criminal Law Concepts and
139603, July 14, 2000) Jurisprudence, Book 2)
2) Usurper is not owner of the real property
3) If there is not intent to gain, coercion is
committed. Meanwhile, if there is no Estafa by taking undue advantage of the
violence used and there is no intent to signature in blank
gain, malicious mischief is committed. Elements: (BDWD)
4) In altering boundaries or mark (Art. 313), 1) The paper with the signature of the
intent to gain is not necessary. (Nojara, offended party be in blank;
Criminal Law Concepts and 2) The offended party should have
Jurisprudence, Book 2) delivered it to the offender;
3) Above the signature of the offended party
a document is written by the offender
Estafa (Art. 315) without authority to do so; and
4) It causes damage to the offended party
Estafa with unfaithfulness and abuse of or any third person.
confidence (Art. 315, par. 1)
Estafa by means of deceit (Art. 315, 2[a])
Estafa with unfaithfulness (Art. 315 No. 1[a]) 1) The false pretense or fraudulent act must
1) Altering the substance. Selling 100 be committed prior to or simultaneously
cavans of chicken feeds with molasses with the commission of the fraud, it being
when in fact only 50 cavans contained essential that such false statement or
such. representation constitutes the very cause
2) There should be at least partial payment or the only motive which induces the
for the offender to be liable with estafa. offended party to part with his money.
2) False pretense must have caused the
Estafa with abuse of confidence (Art. 315, No. victim part with his money.
1[b]) 3) In estafa by postdating a check or issuing
1) It is committed when the offender a check (par.2[d]), the offender must be
received both material and juridical able to obtain money from the offended
possession. party by reason of the issuance of the
2) In order that the accused be convicted check. Meanwhile, a bad check issued in
with estafa with abuse of confidence, it payment of a pre-existing obligation is
must be proven that he has the obligation not estafa. (Nojara, Criminal Law
to deliver or return the same money, Concepts and Jurisprudence, Book 2)
goods or personal property he/she
received. Estafa through fraudulent means (Art. 315,
3) Theft, not estafa, is committed if there is No. 3)
only material possession 1) Concealment of car registration papers is
4) Possession of a bank teller is possession estafa
of the bank itself, the teller is mere
custodian of the funds received. He/she Q: Is there a complex crime of Estafa through
has no juridical possession. On the other falsification of private documents?
hand, an agent has both material and A: No. there is no crime of Estafa through
juridical possession. falsification of private documents because the
5) No estafa if retention or withholding of element of damage is present in both crimes.
funds was made in good faith and for the Falsification of private documents is committed
purpose of self-protection or where when there is an intent to cause damage or
accounting is indispensable. damage to another. The same with Estafa in
which damage or intent to cause damage is an Malicious Mischief (Art. 327)

element of the crime. In short, only one of them 1) The essence of the crime is that the
can stand since damage as an element can be offender should have not only the general
present only in either of these felonies. intention to carry out the felonious act,
but also he/she should also act under the
Note: There can be a complex crime of estafa impulse of a specific desire to inflict injury
through falsification of public document since to another
damage is not an essential element of the latter. 2) Shooting a pig to test the potency of
Thus, estafa can stand and complex crime is his/her new rifle is malicious mischief.
possible. (Nojara, Criminal Law Concepts and
The falsification of The charge is 3) No criminal, but only civil liability shall
private documents is falsification of result from the commission of the crimes
used by the offender private documents of Theft, Swindling or Malicious mischief
as a necessary committed or caused mutually by the
means to commit following persons:
estafa a. Spouses, descendants,
Estafa is committed The charge is estafa ascendants or relatives by
by the accused affinity in the same line;
without necessity b. The widowed spouse with
of falsifying private respect to the property which
document belonged to the deceased
(Nojara, Criminal Law Concepts and spouse before the same shall
Jurisprudence, Book 1, pg 442, 2020 ed.) have passed into the
possession of another; and
Q: What is a Ponzi scheme? c. Brothers and sisters and
A: A Ponzi Scheme is a type of investment fraud brothers-in-law and sisters-in-
that involves the payment of purported returns to law, if living together. This
existing investor from funds contributed by new exemption does not apply to
investors. Its organizers often solicit new strangers participating in the
investors by promising to invest funds in commission of the crime. (Art.
opportunities claimed to generate high returns 332)
with little or no risk. Estafa may be committed The word spouses include paramours and
through a Ponzi scheme. (People v. Palmy mistresses and other wives. The word
Tibayan G.R. Nos 209655-60 January 14, ascendants include the stepfather and
2015) stepmother. The word descendants include
stepchildren, adopted children and natural
Arson (Art. 320 Destructive Arson) children.
1) No complex crime of arson with
homicide. When the intent of the offender
is to kill a person through burning a SPECIAL PENAL LAWS
house, the crime is murder only.
Meanwhile, if the objective is to kill and ANTI-VIOLENCE AGAINST WOMEN AND
arson is resorted to as a means to cover THEIR CHILDREN AC OF 2004 (R.A. NO. 9262)
up the killing, the offender may be
convicted of two separate crimes of 1) Violation of RA 9262 is a continuing crime
either homicide or murder and arson. 2) Dating relationship (Sec. 3[e]) is defined
4) Frustrated arson is committed if the as the union of the parties as husband
offender is able to set fire the rags, but and wife without the benefit of marriage
the rags were put out before the buildings or both are romantically involved over
is burned. (Nojara, Criminal Law time and on a continuing basis. While
Concepts and Jurisprudence, Book 2) sexual relationship (Sec. 3[f]) refers to a
single sexual act which may or may not use of gender-neutral word “person” who has or
result in the bearing of a common child. had a sexual or dating relationship with the
3) Punishable acts are those contemplated woman encompasses even lesbian relationships.
under sexual or dating relationship (Garcia v. Drilon, 699 SCRA 352, J. Perlas-
Bernabe)
Punishable Acts Q: Applicability of “principle of conspiracy”

1) Marital rape is a form of sexual violence. under the RPC to R.A. 9262.
Rape, as now defined, in Art. 266-A of the A: While the law provides that the offender be
RPC, does not make a distinction with related or connected to the victim by marriage,
regard to an accused’s relationship with former marriage, or a sexual or dating
the victim. relationship, it does not preclude the application
2) Psychological violence of the principle of conspiracy under the Revised
a. Denial of support of is a form of Penal Code. (Garcia v. Drilon, 699 SCRA 352,
psychological violence (Melgar v J. Perlas-Bernabe) In the case of Go-Tan v.
People). Spouses Tan, the parents-in-law of Sharica Mari
b. The law punishes not the marital L. Go-Tan, the victim, were held to be proper
infidelity per se but the respondents in the case filed by the latter upon
psychological violence causing the allegation that they and their son (GoTan’s
mental or emotional suffering on husband had community of design and purpose
the wife. (Nojara, Special Penal in tormenting her by giving her insufficient
Laws, 2021 ed.) financial support; harassing and pressuring her to
3) Economic Abuse be ejected from the family home; and in
a. Marriage is not a requirement to repeatedly abusing her verbally, emotionally,
be liable for economic abuse. mentally and physically. The principle of
b. The fact that the wife filed a conspiracy under Article 8 of the RPC may be
bigamy complaint against the applied suppletory to R.A. No. 9262 because of
husband is not a reason to stop the express provision of Section 47 that the RPC
shall be supplementary to said law. X X X For
support. (Nojara, Special
once conspiracy or action in concert to achieve a
Penal Laws, 2021 ed.)
criminal design is shown, the act of one is the act
c. A foreigner cannot be
of all conspirators, and the precise extent or
compelled to give support under
modality of participation of each of them becomes
the Family Code because of the secondary, since all the conspirators are
nationality principle. However, principals.
the accused is still liable under
RA 9262 for economic abuse by What is protection order and its different
non-support of a common child types?
because of territoriality A: It is an order issued under this act for the
principle. (Nojara, Special purpose of preventing further acts of violence
Penal Laws, 2021 ed.) against a woman or her child specified in section
4) Physical violence 5 of this act and granting other necessary relief.
a. Violence against women may The following are the different types of protection
still be committed even if dating order:
or sexual relationship had 1. Barangay Protection Orders (BPOs) is
already ceased. (Nojara, an order issued by the Punong
Special Penal Laws, 2021 ed.) Barangay, after ex parte determination
of the basis of application, ordering the
offender to desist from committing acts
Q: May a lesbian be also held liable under R.A. under section 5 (a) and (b) of this act. In
9262? the absence of the Punong Barangay,
A: Yes. VAWC may likewise be committed the application shall be acted by any
“against a woman with whom the person has or available Barangay Kagawad in which
had a sexual or dating relationship.” Clearly, the case, the BPO is accompanied by
attestation by the Barangay Kagawad What is the effect in case of conviction or

that the Punong Barangay was acquittal of the respondent?
unavailable at the time for the issuance Regardless of the conviction or acquittal of the
of BPO. The BPO shall be effective for respondent, the Court must determine whether
15 days. (Sec. 14, RA 9262) or not the PPO shall become final. Even in a
2. Temporary Protection Orders (TPOs) dismissal, a PPO shall be granted as long as
is a protection order issued by the court there is no clear showing that the act from which
on the date of filing of the application the order might arise did not exist. (ibid)
after ex parte determination that such
order should be issued. A court may Note: The crimes of physical and economic
grant in a TPO any, some or all of the violence prescribe in 20 years, while the crime of
reliefs mentioned in this Act and shall be psychological violence has a prescriptive period
effective for 30 days. The court shall of 10 years
schedule a hearing on the issuance of a
PPO prior to or on the date of the 2016 BAR QUESTION
expiration of the TPO. (Sec. 15, RA Q: Romeo and Julia have been married for
9262) twelve (12) years and had two (2) children. The
3. Permanent Protection Order (PPO) is
first few years of their marriage went along
a protection order issued by the court
smoothly. However, on the fifth year onwards,
after notice and hearing. (Sec. 16, RA
they would often quarrel when Romeo comes
9262)
home drunk. The quarrels became increasingly
violent, marked by quiet periods when Julia
What are effects of non-appearance of the
offender during trial for the issuance of PPO? would leave the conjugal dwelling. During the
The following are the effects: times of quiet, Romeo would court Julia with
a) Non-appearance of the flowers and chocolates and convince her to
defendant despite proper notice, return home, telling her that he could not live
or his lack of a lawyer, or the without her; or Romeo would ask Julia to
non-availability of his lawyer forgive him, which she did, believing that if she
shall not be a ground for humbled herself, Romeo would change. After a
rescheduling or postponing the month of marital bliss, Romeo would return to
hearing on the merits of the his drinking habit and the quarrel would start
issuance of a PPO. again, verbally at first, until it would escalate to
b) If the respondent appears physical violence.
without counsel on the date of One night, Romeo came home drunk and went
the hearing, the court shall straight to bed. Fearing the onset of another
appoint a lawyer for the violent fight, Julia stabbed Romeo, while he
respondent and immediately was asleep. A week later, their neighbors
proceed with the hearing. discovered Romeo’s rotting corpse on the
c) In case the respondent fails to marital bed. Julia and the children were
appear despite proper notice, nowhere to be found. Julia was charged with
the court shall allow ex parte parricide. She asserted “battered woman
presentation of the evidence by syndrome” as her defense.
the applicant and render
judgment on the basis of the
evidence presented.
(a) Explain the cycle of violence.
d) The court shall allow the
introduction of any history of A: The Battered Woman Syndrome is
abusive conduct of a respondent characterized by the so-called “cycle of violence,”
even if the same was not which has three phases: (1) tension-building
directed against the applicant or phase; (2) the acute battering incident; and (3) the
the person for whom the tranquil, loving (or at least, nonviolent) phase.
applicant is made.
During the tension-building phase, minor battering elements for justifying circumstances of self-
occurs – it could be verbal or slight physical abuse defense under the Revised Penal Code such as
or another form of hostile behavior. The woman unlawful aggression. (Section 26, RA No. 9262)
tries to pacify the batterer through a kind, nurturing
behavior; or by simply staying out of his way. The
acute battering incident is characterized by Q: What is the “Variance doctrine”?
brutality, destructiveness and sometimes, death. A: In this case, while the prosecution had
The battered woman deems this incident as established that Melgar indeed deprived AAA and
unpredictable, yet also inevitable. During this BBB of support, no evidence was presented to
phase, she has no control; only the batterer may show that such deprivation caused either AAA or
put an end to the violence. The final phase of the BBB any mental or emotional anguish. Therefore,
Melgar cannot be convicted of violation of Section
cycle of violence begins when the acute battering
5(i) of RA 9262. This notwithstanding – and taking
incident ends. During this tranquil period, the
into consideration the variance doctrine which
couple experience profound relief.
allows the conviction of the accused for a crime
proved which is different from but necessarily
(b) Is Julia’s “battered woman syndrome” included in the crime charged – the courts a quo
defense meritorious? Explain. correctly convicted Melgar of violation of Section
5(e) of RA 9262 as the deprivation or denial of
A: Yes. Under Section 3(c) of RA No. 9262, support, by itself and even without the additional
“Battered Woman Syndrome” refers to a element of psychological violence, is already
scientifically defined pattern of psychological and specifically penalized therein. (Melgar v. People,
behavioral symptoms found in women living in 855 SCRA 522, J. Perlas-Bernabe)
battering relationships as a result of
“cumulative abuse”. Under Section 3(b), “Battery” Q: Effect of the dissolution of marriage.
refers to an act of inflicting physical harm upon the A: The criminal liability is not extinguished even if
woman or her child resulting in physical and the marriage is dissolved. Accused will not be
psychological or emotional distress. exonerated even assuming that his marriage is
declared void ab initio by the court. RA 9262
In sum, the defense of Battered Woman Syndrome defines and criminalizes violence against women
can be invoked if the woman in marital relationship and their children perpetrated by the woman’s
with the victim is subjected to cumulative abuse or husband, former husband or any person against
battery involving the infliction of physical harm whom the woman has or had a sexual or dating
resulting to the physical and psychological or relationship with, or with whom the woman has a
emotional distress. Cumulative means resulting common child, or against her child whether
legitimate or illegitimate, within or without the
from successive addition. In sum, there must be “at
family abode, which result in or likely to result in,
least two battering episodes” between the accused
inter alia economic abuse or psychological harm
and her intimate partner and such final episode
or suffering. Thus, the offender need not be
produced in the battered person’s mind an actual related or connected to the victim by marriage or
fear of an imminent harm from her batterer and an former marriage, as he could be someone who
honest belief that she needed to use force in order has or had a sexual or dating relationship only or
to save her life. (People v. Genosa, G.R. No. has a common child with the victim. (Reyes v.
135981, January 15, 2004) People, G.R. No. 232678, July 3, 2019)
In this case, because of the battering episodes, Note: Acts of violence need not be in
Julia feared the onset of another violent fight and consequence of the sexual or dating relationship.
honestly believed the need to defend herself even This is so as not to render the law toothless in
if Romeo had not commenced an unlawful protecting women and their children. (Dabalos v.
aggression. Even in the absence of unlawful RTC of Pampanga, 2013)
aggression, however, Battered Woman Syndrome
is a defense. Under Section 27 of RA No. 9262, Thus, whatever is the reason for inflicting the
Battered Woman Syndrome is a defense injury to a woman with whom the accused has or
notwithstanding the absence of any of the
had a sexual or dating relationship, be it the crime, he should be penalized for rape by
connected to their relationship or some other sexual assault under article 266-A (2) of the
matter not at all related thereto, R.A. 9262 will Revised Penal Code. (Nojara, Special Penal
apply. Law, at pg. 745)
Q: May a spouse be held liable for VAWC if the Evolution of Sweetheart Defense for Violation
other spouse filed an action for bigamy? RA 7610
A: Yes. According to the accused, he stopped
giving monetary support to his wife because she Malto vs People, G.R. No. 164733, September
filed a Bigamy case against him. The Court finds 21, 2007
his excuse unacceptable and will not at all
exculpate him from criminal liability under the The accused, a college professor, had a
VAWC. (Melgar v. People) relationship with his student, the victim. They
were lovers indeed. They engaged in sexual
Note: Even if the alleged extra-marital affair intercourse. Later, the victim broke with the
causing the offended wife mental and emotional accused when she learned that the latter was
aguish is committed abroad, the same does not unfaithful to her.
place a prosecution under RA 9262 absolutely
beyond the reach of Philippine courts, especially The mother of the victim filed a case for violation
since the psychological violence which resulted to of RA 7610. On the other hand, the accused
the wife occurred in the Philippines. (AAA v BBB, invoked his relationship with the victim as a
January 11, 2018) defense.
SPECIAL PROTECTION OF CHILDREN The Court rejected the sweetheart defense.

AGAINST ABUSE, EXPLOTATION AND For purposes of sexual intercourse and
DISCRIMINATION ACT (R.A. NO. 7610) lascivious conduct in child abuse cases
under RA 7610, the sweetheart defense is
Q: “Children,” defined. unacceptable. A child in prostitution or
A: refers to person below eighteen (18) years of subjected to other sexual abuse cannot
age or those over but are unable to fully take care validly give consent to sexual intercourse
of themselves or protect themselves from abuse, with another person. Unlike rape, therefore,
neglect, cruelty, exploitation or discrimination consent, is immaterial in cases involving violation
because of a physical or mental disability or of section 5 of RA 7610. The mere act of having
condition. (Sec. 3(a)) sexual intercourse or committing lascivious
conduct with a child who is exploited in
Who are children covered by RA 7610? prostitution or subjected to sexual abuse
a) Person below 18 years of age; or constitutes the offense. It is a malum prohibitum,
b) Those over 18 but are unable to fully take an evil that is proscribed.
care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation Monroy v People, Gr No. 235799, July 29, 2019
or discrimination because of physical
mental disability or condition. The accused and the 14-year-old victim used to
live in the same house together with the latter’s
Q: Can a minor be held liable for lascivious sister and her husband. One evening, the
conduct or sexual intercourse under RA accused, who was drunk and wearing only his
7610? underwear, borrowed victim’s blanket from the
A: No. If coercion of influence is committed by a accused who instead of giving back the blanket,
minor, article 266-A of the RPC applies. xxx a 15- pulled her onto his bed, pinned her onto it and
year-old minor offender who inserted his finger in inserted his penis into her vagina. He was
the vagina of an 11-year old (who he claimed he subsequently prosecuted for rape in relation to
had romantic relationship) did not commit a RA 7610. Upon conviction, he appealed stating
violation of RA 7610. Verily, being only fifteen that he and the victim were lovers. In support of
years and eight months old when he committed this, he cited all letters where she
unequivocally declared, among others, that
she loved, that the charge of rape was exercise of the offended party’s free will. (People
concocted to retaliate against the accused v. Abello, G.R. No.151952, March 25, 2009)
who wanted to go home to the province and
to break his family apart, and that she There is influence when a nurse, pretending that
attempted to commit suicide because of him. his actions were part of the physical examination,
touched the patient’s breasts and inserted his
The Court reversed the conviction stating that finger into her private part for his sexual
sexual intercourse was consensual and that gratification. (Garingarao v. People, G.R. No.
she failed to cry or shout for help, or at the 192760, July 20, 2011)
very least, offer some kind of resistance
against his sexual advances. It bears to point Q: What are the guidelines in designating the
out that “consent of the child is material and may proper charge if acts of lasciviousness and
even be a defense in criminal cases” involving the lascivious conduct are committed against a
aforesaid violation when the offended party is 12 victim under 12 years old?
years old or below 18 years old. The concept of
consent under section 5 (b) of RA 7610 peculiarly The proper designation of offense depends
relates to the second element of the crime – that on the age of the victim:
is, the act of sexual intercourse is performed with
a child exploited in prostitution or subjected to Acts of Lasciviousness
other sexual abuse. A child is considered 1. If the age of the victim is under 12
“exploited in prostitution or subjected to other years old
sexual abuse” when the child is predisposed to - Acts of lasciviousness under
indulge in sexual intercourse or lascivious article 336 of RPC in relation to
conduct because of money, profit or any other section 5(b) of RA 7610
consideration or due to the coercion of any adult, - Prosecuted under the RPC but
syndicate, or group. The Court acquitted the the penalty is reclusion temporal
accused on reasonable doubt, finding that the medium under RA 7610
sexual intercourse that transpired between - Both elements of the must be
the accused and the 14-year-old was proved (acts of lasciviousness +
consensual and that the case against the lascivious conduct)
accused is based merely on trumped
allegations meant as retaliation. (Nojara, 2. If the age of the victim is at least 18
Special Penal Law at pg. 764-765) years old
Q: Who may be liable for child trafficking? Lascivious conduct (RA 7610)
A: Under section 7 of RA 7610, any person who 1. If the victim is at least 12 years old or
shall engage in trading and dealing with children more, but below 18; or at least 18 but is
including, but not limited to, the of buying and unable to fully take care of
selling of a child for money, or for any other herself/himself.
consideration, or barter. The penalty shall be 2. The elements are proved as follows:
reclusion temporal to reclusion perpetua. If the - The accused commits sexual
victim is under 12, maximum period shall be intercourse or lascivious conduct
imposed. - The said act is performed with a child
exploited in prostitution or subjected
Q: Explain “coercion” and “influence.”? to other sexual abuse
A: “coercion” is the improper use of power to - The child, whether male or female, is
compel another to submit to the wishes of one below 18 years of age
who wields it. On the other hand, the term
“influence” means the improper use of power or Act of lasciviousness is not covered by
trust in any way that deprives a person of free will lascivious conduct
and substitutes another’s objective. In lascivious - The charge is lascivious conduct only
conduct under coercion or influence of any adult, even if act of lasciviousness under
there must be some form of compulsion the RPC is present
equivalent to intimidation which subdues the free
What are the guidelines in case sexual abuse Q: What are the punishable acts under section
and rape are committed against victim under 10 of RA 7610?
18? A: In addition to article 59 of PD 603, section 10
punishes the following acts:
Rape under RPC as amended by RA 8353: a) child abuse,
b) child cruelty,
a) Sexual intercourse against a victim
c) child exploitation and
under 12 or is demented whether or
d) being responsible for conditions
not exploited in prostitution or subject
prejudicial to the child's
to sexual abuse – Statutory rape
development.
b) Rape through carnal knowledge
against woman by means of force, Q: Is every case of physical harm against a
threat or intimidation – Rape under minor considered child abuse?
article 266-A(1)(a) [(the victim may A: No. In cases of child abuse, it is important to
be over 12 or more but under 18 prove the element of intent to debase, degrade or
and is not subject to sexual abuse demean the child. Laying of hands done at the
under section 5 of RA7610)] spur of the moment does not constitute child
c) Rape through sexual assault against abuse. There is no child abuse when the laying of
a victim under 12 years old or is hands on the minor was done at the spur of the
demented – Rape through sexual moment and in anger, indicative of his being then
assault under paragraph 2, article overwhelmed by his fatherly concern for the
266-A in relation to section 5(b) of personal safety of his own minor daughters who
RA 7610. ([Here, even if lascivious had just suffered harm at the hands of the minors.
conduct is present, the crime is With the loss of his self-control, the accused
still sexual assault since it is lacked that specific intent to debase, degrade,
statutory rape. The penalty is demean the intrinsic worth and dignity of a child
reclusion temporal medium. Force as a human being that was so essential in the
or intimidation is not required]) crime of child abuse being that was so essential
in the crime of child abuse. The accused is only
Sexual abuse under RA 7610: guilty for physical injuries. (Bongalon v People,
a) Sexual intercourse with a child who Gr No 169533, March 20, 2013)
is 12 or more but under 18 and is
Q: How about laying of hands against a minor
deemed as exploited in prostitution
due to “napagtripan, does it constitute child
or subject to sexual abuse – sexual
abuse?
abuse under section 5(b) of RA
A: Yes. As interpreted by the court, the word
7610
“napagrtipan” signified an intention to debase or
b) The victim is 12 or more but under 18 degrade that did not result from an unexpected
who indulged in sexual intercourse event. The acts of the offender were offshoots of
with an adult for money or profit or an intent to take revenge arising from the conflict
through coercion or influence – existing between his other and minor’s mother.
sexual abuse under section 5(b) of The accused did not lose his self-control and the
RA 7610 acts were not done at the spur of the moment.
c) Sexual abuse through sexual assault (Delos Santos v People, Gr No. 227581,
with a victim who is 12 or more but January 15, 2020)
under 18 – Sexual abuse under
section 5(b) of RA 7610 ([The term Q: What is the nature of the crime of child
lascivious conduct includes sexual abuse?
assault which is the introduction of A: It is malum in se because child abuse is
any object into the gentitalia, anus or inherently immoral. Thus, criminal intent on the
mouth of any person. In such case, part of the accused must be proven.
the charge is sexual abuse]) (Nojara,
Pre-Week Reviewer in Criminal
Law, pg. 303, 2021 ed.)
Q: Is article 4 (manner of incurring criminal (Nojara, Pre-week Reviewer in Criminal Law,

liability) of the RPC applicable to child abuse pg 316, 2021 ed.)
under section 10 of RA 7610?
A: Yes. In the following cases, the Court applied
article 4 of RPC: SAFE SPACES ACT (R.A. NO. 11313)
1. Mabunot doctrine Q: How Gender-Based Sexual Harassment

Mabunot accidentally shoved Shiva, a minor, under RA 11313 is committed?
fracturing her rib while was engaging in a fist fight A: It can be committed in the following ways:
with Dennis. The theory of Mabunot is that he 1. Gender-based streets and public spaces
should only be liable for slight physical injuries sexual harassment;
under article 266 of RPC since he did not intend - In restaurants and cafes, bars
to harm Shiva considering that he was and club, resorts and water
exchanging fight with Dennis. The Court rejected parks hotel and casinos,
the theory of Mabunot. It ruled that child abuse is cinemas malls, buildings and
a crime malum in se in which criminal intent must other privately owned places
be proven. In this case, criminal intent is not
open to public
wanting. Even if the Court were to consider for
- In public utility vehicles.
argument’s sake the claim that he had no design
2. Gender-based online sexual harassment
to harm the minor, when he swung his arms, he
was not performing law act. He clearly intended 3. Qualified gender-based streets, public
to injure another person. However, it was not spaces and online sexual harassment
Dennis but Shiva, who ended up with fractured 4. Gender-based sexual harassment in the
rib. Nonetheless, Mabunot cannot escape liability workplace; and
for his error. Indeed, criminal liability shall be 5. Gender-based sexual harassment in
incurred by any person committing a felony educational and training institution.
although the wrongful act done be different from
that which he intended. (Mabunot v People, Q: Define gender-based online sexual
2016) harassment?
A: It refers to an online conduct targeted at a
2. Patulot doctrine particular person that causes or likely to cause
Patulot accidentally poured hot cooking oil on two another mental, emotional or psychological
minors when she was trying to splash the said hot distress, and fear of personal safety, sexual
cooking oil to her opponent. This burned the skin harassment acts including unwanted sexual
of the minors which most likely stay on their faces remarks and comments, threats, uploading or
and bodies for the rest of their lives. The Court sharing of one’s photos without consent, video
ruled that even if it was not her intention to harm and audio recordings, cyberstalking and online
the two minors, she was performing an unlawful identity theft. (Sec. 3(e), RA 11313)
act when she threw the hot oil from her casserole
on their mother. She cannot, therefore, escape Q: What is gender identity and/or expression?
liability from the same in view of the settled A: It refers to the personal sense of identity as
doctrine that a person incurs criminal liability characterized, among others, by manner of
although the wrongful act done be different from clothing, inclinations, and behavior in relation to
that which he intended. (Patulot v People Gr no masculine or feminine conventions. A person
235071, January 17, 2019) may have a male or female identity with
physiological characteristics of the opposite sex
3. Javarez doctrine in which case this person is considered
The accused, a teacher, pushed a minor to the transgender. (Sec. 3(f), RA 11313)
floor to stop his 2 other students engaging in a
fight. The minor fell on the floor with his face Q: What is gender-based streets and public
down. The Court ruled that there is no child abuse spaces sexual harassment?
under section 10 of RA 7610 since the offender A: It is one of the crimes punishable under RA
did not intend to maltreat nor debase the minor’s 11313 which is committed through any unwanted
dignity as a human being. He was in all honesty and uninvited sexual actions or remarks against
simply trying to stop his student from fighting.
any person regardless of the motive for 3. For acts such as stalking, and any of the acts
committing such action or remarks. mentioned in Section 11 paragraphs (a) and
Gender-based streets and public spaces sexual (b), when accompanied by touching, pinching
harassment includes catcalling, wolf-whistling, or brushing against the body of the offended
unwanted invitations, misogynistic, transphobic, person; or any touching, pinching, or
homophobic and sexist slurs, persistent uninvited brushing against the genitalia, face, arms,
comments or gestures on a person’s appearance, anus, groin, breasts, inner thighs, face,
relentless requests for personal details, buttocks or any part of the victim’s body even
statement of sexual comments and suggestions, when not accompanied by acts mentioned in
public masturbation or flashing of private parts, Section 11 paragraphs (a) and (b). (Sec. 11,
groping, or any advances, whether verbal or RA11313)
physical, that is unwanted and has threatened
one’s sense of personal space and physical Q: What are acts of gender-based online
safety, and committed in public spaces such as sexual harassment?
alleys, roads, sidewalks and parks. Acts A: The use of information and communications
constitutive of gender-based streets and public technology by committing the following acts:
spaces sexual harassment are those performed 1. Terrorizing and intimidating victims through
in buildings, schools, churches, restaurants, physical, psychological, and emotional
malls, public washrooms, bars, internet shops, threats,
public markets, transportation terminals or public 2. Unwanted sexual misogynistic, transphobic,
utility vehicles. homophobic and sexist remarks and
comments online whether publicly or through
Q: Enumerate the specific acts constituting direct and private messages,
gender-based sexual harassment in streets 3. Invasion of victim’s privacy through
and public spaces? cyberstalking,
A: The following are acts of gender-based sexual 4. Incessant messaging, uploading and sharing
harassment in streets and public spaces: without the consent of the victim, any form of
1. For acts such as cursing, wolf-whistling, media that contains photos, voice, or video
catcalling, leering and intrusive gazing, with sexual content,
taunting, pursing, unwanted invitations, 5. Any unauthorized recording and sharing of
misogynistic, transphobic, homophobic, and any of the victim’s photos, videos, or any
sexist slurs, persistent unwanted comments information online, and
on one’s appearance, relentless requests for 6. Impersonating identities of victims online or
one’s personal details such as name, contact posting lies about victims to harm their
and social media details or destination, the reputation, or filing, false abuse reports to
use of words, gestures or actions that ridicule online platforms to silence victims. (Sec. 12,
on the basis of sex, gender or sexual RA 11313)
orientation, identity and/or expression
including sexist, homophobic, and Q: When the following instances happened,
transphobic statements and slurs, the the crimes of gender-based streets, public
persistent telling of sexual jokes, use of spaces and online sexual harassment are
sexual names, comments and demands, and qualified:
any statement that has made an invasion on A: The penalty next higher in degree will be
a person’s personal space or threatens the applied.
person’s sense of personal safety 1. The perpetrator is the driver of the vehicle,
2. For acts such as making offensive body and the offended party is a passenger, and
gestures at someone and exposing private the act takes place in a common carrier or
parts for the sexual gratification of the PUV, including, but not limited to, jeepneys,
perpetrator with the effect of demeaning, taxis, tricycles, or app-based transport
harassing, threatening or intimidating the network vehicle services;
offended party including flashing of private 2. the offended party is a minor, a senior citizen,
parts, public masturbation, groping, and or a person with disability (PWD), or a
similar lewd sexual actions. breastfeeding mother nursing her child;
3. the offended party is diagnosed with a mental Q: What are the exempted acts under RA
problem tending to impair consent; 11313?
4. the perpetrator is a member of the uniformed A: The following acts shall not be penalized:
services, such as the PNP and the Armed 1. Acts that are legitimate expressions of
Forces of the Philippines (AFP), and the act indigenous culture and tradition, and
was perpetrated while the perpetrator was in 2. Breastfeeding in public. (Sec. 32, RA 11313)
uniform; and
5. the act takes place in the premises of a
government agency offering frontline DATA PRIVACY ACT OF 2012 (RA NO.
services to the public and the perpetrator is a 10173)
government employee. (Sec. 15, RA 11313)
Q: Who is personal information controller?
The following acts are gender-based sexual A: A person or organization who controls the
harassment in the workplace: collection, holding, processing or use of personal
1. An act or series of acts involving any information, including a person or organization
unwelcome sexual advances, requests or who instructs another person or organization to
demand for sexual favors or any act of sexual collect, hold, process, use, transfer or disclose
nature, whether done verbally, physically or personal information on his or her behalf. The
through the use of technology such as text term excludes:
messaging or electronic mail or through any 1. A person or organization who performs
other forms of information and such functions as instructed by another
communication systems, that has or could person or organization; and
have a detrimental effect on the conditions of 2. An individual who collects, holds,
an individual’s employment or education, job processes or uses personal information
performance or opportunities; in connection with the individual’s
2. A conduct of sexual nature and other personal, family or household affairs.
conduct-based on sex affecting the dignity of (Sec. 3[h],RA 10173)
a person, which is unwelcome,
unreasonable, and offensive to the recipient, Q: Enumerate the crimes punishable under
whether done verbally, physically or through RA 10173?
the use of technology such as text messaging 1. Unauthorized processing of personal
or electronic mail or through any other forms information and sensitive personal
of information and communication systems; information
3. A conduct that is unwelcome and pervasive - It involves the processing personal
and creates an intimidating, hostile or information or sensitive personal
humiliating environment for the recipient: information, without the consent of the
Provided, That the crime of gender-based data subject, or without being authorized
sexual harassment may also be committed under any existing law. (Sec. 25)
between peers and those committed to a 2. Accessing of personal information and
superior officer by a subordinate, or to a sensitive personal information due to
teacher by a student, or to a trainer by a negligence
trainee; and - It is imposed on the offender who, due to
4. Information and communication system negligence, provided access to personal
refers to a system for generating, sending, information without being authorized
receiving, storing or otherwise processing under any existing law. (Sec.26)
electronic data messages or electronic 3. Improper disposal of information and
documents and includes the computer sensitive personal information
system or other similar devices by or in which - It is imposed on the offender who
data are recorded or stored and any knowingly or negligently dispose, discard
procedure related to the recording or storage or abandon the personal information or
of electronic data messages or electronic sensitive personal information of an
documents. (Sec. 16, RA 11313) individual in an area accessible to the
public or has otherwise placed the
personal information of an individual in its

container for trash collection. (Sec. 27)
4. Processing of personal information and
sensitive personal information for
unauthorized purposes
- It is imposed on the offender who shall
process personal information for
purposes not authorized by the data
subject, or otherwise authorized under
existing law. (Sec. 28)
5. Unauthorized access or intentional
breach
- It is imposed on the offender who
knowingly and unlawfully, or violating
data confidentiality and security data
systems, breaks in any way into any
system where personal and sensitive
personal information is stored. (Sec. 29)
6. Concealment of security breaches
involving sensitive personal information
- It is imposed on the offender who, after
having knowledge of a security breach
and of the obligation to notify the
Commission pursuant to Section 20(f),
intentionally or by omission conceals the
fact of such security breach. (Sec. 30)
7. Malicious disclosure
- It is committed by any personal
information controller or personal
information processor or any of its
officials, employees or agents, who, with
malice or in bad faith, discloses
unwarranted or false information relative
to any personal information or personal
sensitive information obtained by him.
(Sec.31)
8. Unauthorized disclosure
- It is committed by any personal
information controller or personal
information processor or any of its
officials, employees or agents, who
discloses to a third-party personal
information or sensitive personal
information, without the consent of the
data subject, and not constituting
malicious disclosure. (Sec.32)
~~ NOTHING FOLLOWS ~~

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S CBA R STAG NO TES Page 2 of 45

PRE-WEEK [2020/21] BRAVO BASTE!

REVISED PENAL CODE - BOOK I Territoriality

Q: What is the territoriality rule?

Q: What is warship rule? Notes:

as an element of the crime, happened in the 2) The personal information was

Notes: happening, e.g. aiming a gun at another with

Will AA’s defense prosper? Reason briefly. b. Acute battering incident-

(Reyes, Criminal Law, Book 1) principal by inducement) and the person

Notes: the presence of many persons, must

Voluntary surrender or confession of guilt As to reduction of penalty, an ordinary mitigating

Q: Distinguish a privileged mitigating What are the four forms of repetitions?

A: B is not a quasi-recidivist because the second

Conspiracy Q: What are the kinds of alternative

Note: Relationship is not mitigating nor

1) Degree of instruction and education of the

spouses, ascendants and descendants or 8. Those whose maximum term of

EXECUTION AND SERVICE Article 70 speaks of “service” of sentence

Notes: Crimes which Involve the Age of the Offended

A: These are: thereby, the clear presumption is that he is the

intent to cause damage with the Department of Environment and

statements in a narration of facts on a 1. Physician or surgeon who, in connection

Kidnapping with Rape

Concepts and Jurisprudence, Criminal Law Concepts and

Unlawful Arrest (Art. 269) Grave Coercions (Art. 286)

Robbery (Art. 293)

Brigandage (Art. 306)

Q: Ligtas was convicted for the crime of theft.

The existence of the DARAB Decision NOTES:

which damage or intent to cause damage is an Malicious Mischief (Art. 327)

Punishable Acts Q: Applicability of “principle of conspiracy”

attestation by the Barangay Kagawad What is the effect in case of conviction or

SPECIAL PROTECTION OF CHILDREN The Court rejected the sweetheart defense.

Q: Is article 4 (manner of incurring criminal (Nojara, Pre-week Reviewer in Criminal Law,

1. Mabunot doctrine Q: How Gender-Based Sexual Harassment

personal information of an individual in its

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