2022 Preweek Ho 5 - Criminal Law

2022 BAR REVIEW Pre-Week
Handout No. 5
CRIMINAL LAW
PRINCIPLES OF CRIMINAL LAW
GENERAL PRINCIPLES
1. Distinguish crimes that are mala in se from crime that are mala prohibita.
If the punishable act or omission is immoral in itself, then it is a crime mala in se; on the
contrary, if it is not immoral in itself, but there is a statute prohibiting its commission by
reasons of public policy, then it is mala prohibita. In the final analysis, whether or not a crime
involves moral turpitude is ultimately a question of fact and frequently depends on all the
circumstances surrounding the violation of the statute.
A common misconception is that all mala in se crimes are found in the Revised Penal Code
(RPC), while all mala prohibita crimes are provided by special penal laws. In reality, however,
there may be mala in se crimes under special laws, such as plunder under R.A. No. 7080, as
amended. Similarly, there may be mala prohibita crimes defined in the RPC, such as technical
malversation. The better approach to distinguish between mala in se and mala prohibita
crimes is the determination of the inherent immorality or vileness of the penalized act. xxx
The crime of hazing under R.A. No. 8049 is malum prohibitum. The Senate deliberations
would show that the lawmakers intended the anti-hazing statute to be malum prohibitum.
Dungo v. People, G.R. No. 209464, July 1, 2015)
2. What are the characteristics of Criminal Law?
a. GENERAL
General Rule: Criminal law is binding on all persons who live or sojourn in Philippine
territory. (Article 14, Civil Code of the Philippines)
Exceptions:
i. Treaties or treaty stipulations
ii. Law of preferential application
b. TERRITORIAL
General Rule: Under the Principle of Territoriality, penal laws of the Philippines are
enforceable only within its territory.
Exceptions:
Legal Edge Bar Review 0942 – 949 91 76

legaledge8@gmail.com
0917 – 894 53 56
Page 1 of 61
Handout No. 5
CRIMINAL LAW
Article 2 of the Revised Penal Code provides that its provisions shall be enforced outside
the Philippines’ jurisdiction against those who:
i. Should commit an offense while on a Philippine ship or airship;

ii. Should forge or counterfeit any coin or currency note of the Philippines or obligations
and securities issued by the Government of the Philippines;
iii. Should be liable for acts connected with the introduction into the Philippines of the
obligations and securities mentioned in the preceding number;
iv. While being public officers or employees, should commit an offense in the exercise
of their functions; or
v. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of the Revised Penal Code.
c. PROSPECTIVE
General Rule: A penal law cannot make an act punishable in a manner in which it was not
punishable when committed. Crimes are punishable under the laws in force at the time
of their commission. (Article 366, Revised Penal Code)
Exception: Whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused, it can be given a retroactive effect.
Exceptions to the exception:

i. Where the new law is expressly made inapplicable to pending actions or
existing causes of action.
ii. Where the offender is a habitual criminal.
3. May legal principles developed from the Penal Code be applied in supplementary capacity
to crimes punished under special laws, such as R.A. No. 9262, in which the special law is
silent on a particular matter, i.e. principle of conspiracy?
Yes. In instances when special law is silent, legal principles from the Revised Penal Code (RPC)
may be applied in a supplementary capacity to crimes punished under special laws.
Particular to R.A. No. 9262, the principle of conspiracy under Article 8 of the RPC may be
applied suppletorily, because of the express provision of Section 47 of the special law that
the RPC shall be supplementary to said law. General provisions of the RPC, which by their
nature, are necessarily applicable, may be applied suppletorily.

0917 – 894 53 56
Page 2 of 61
Handout No. 5
CRIMINAL LAW
Thus, the principle of conspiracy may be applied to R.A. No. 9262. For once conspiracy or
action in concert to achieve a criminal design is shown, the act of one is the act of all the
conspirators, and the precise extent or modality of participation of each of them becomes
secondary, since all the conspirators are principals. (Go-Tan v. Spouses Tan, G.R. No. 168852,
September 30, 2008)
4. What are the effects of a repeal of a penal law?
If the repeal makes the penalty lighter in the new law, the new law shall be applied, except
when the offender is a habitual delinquent or when the new law is made not applicable to
pending action or existing causes of action.
If the new law imposes a heavier penalty, the law in force at the time of the commission of
the offense shall be applied.
If the new law totally repeals the existing law so that the act which was penalized under the
old law is no longer punishable, the crime is obliterated. (Reyes, The Revised Penal Code)
CRIMINAL LIABILITIES AND FELONIES
5. What are light felonies?
Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,000) or both is provided.
Furthermore, due reference may be had to Article 9 of the RPC, as amended by R.A. No.
10951, to wit:
SECTION 1. Article 9 of Act No. 3815, otherwise known as "The Revised Penal Code," is
hereby amended to read as follows:
ART. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those
to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with Article 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the abovementioned article.

0917 – 894 53 56
Page 3 of 61
Handout No. 5
CRIMINAL LAW
6. On 13 March 2007, at around 8:00 a.m., Police Officer 1 Matthew Garabiles (POI Garabiles)
and P02 Alejandro Santos (P02 Santos), in civilian clothes, were on their way to Camp
Olivas, Pampanga, riding a motorcycle along Olongapo-Gapan National Road. While they
were at Barangay Malapit San Isidro, Nueva Ecija, a speeding blue Toyota Corolla (Corolla)
with plate no. WHK 635, heading towards the same direction, overtook them and the car in
front of them, a maroon Honda CRV (CRY) with plate no. CTL 957. When the Corolla reached
alongside the CRV, the passenger on the front seat of the Corolla shot the CRV and caused
the CRV to swerve and fall in the canal in the road embankment. Four (4) armed men then
suddenly alighted the Corolla and started shooting at the driver of the CRV, who was later
identified as Cabiedes. During the shooting, a bystander, Bulanan, who was standing near
the road embankment, was hit by a stray bullet. The four armed men hurried back to the
Corolla and immediately left the crime scene. PO 1 Garabiles and P02 Santos followed the
Corolla but lost track of the latter. Bulanan died from fatal gunshot wounds. For what crime
may the armed men be held liable for the death of Bulanan?
[The armed men may be held liable for] the death of the victim, under Article 4 of the Revised
Penal Code (RPC), pursuant to the doctrine of aberratio ictus, which imposes criminal liability
for the acts committed in violation of law and for all the natural and logical consequences
resulting therefrom.
Stray bullets, obviously, kill indiscriminately and often without warning, precluding the
unknowing victim from repelling the attack or defending himself. At the outset, [the accused]
had no intention to kill Bulanan, much less, employ any particular means of attack. Logically,
Bulanan’s death was random and unintentional and the method used to kill her, as she was
killed by a stray a bullet, was, by no means, deliberate. Nonetheless, the death of Bulanan
[falls] under Article 4 of the Revised Penal Code, pursuant to the doctrine of aberration ictus,
which imposes criminal liability for the acts committed in violation of law and for all the
natural and logical consequences resulting therefrom. While it may not have been [the]
intention to shoot Bulanan, this fact will not exculpate [the accused]. Bulanan’s death caused
by the bullet fired x x x was the natural and direct consequence of [the] felonious deadly
assault against Cabiedes. People vs. Adriano, 763 SCRA 70, G.R. No. 205228 July 15, 2015
7. Does error in personae diminish the culpability of the malefactor?
No, error in personae or mistake in the identity of the victim carries the same gravity as when
the accused zeroes in on his intended victim.
In one case, the Supreme Court ruled: “In any event, the trial court was not engaging in
conjecture in so ruling. The conclusion of the trial court and the Court of Appeals that the

0917 – 894 53 56
Page 4 of 61
Handout No. 5
CRIMINAL LAW
appellants killed the wrong persons was based on the extrajudicial statement of Appellant
Beronga and the testimony of Jennifer Binghoy. These pieces of evidence sufficiently show
that appellants believed that they were suspected of having killed the recently slain Nabing
Velez, and that they expected his group to retaliate against them. Hence, upon the arrival of
the victims’ vehicles which they mistook to be carrying the avenging men of Nabing Velez,
appellants opened fire. Nonetheless, the fact that they were mistaken does not diminish their
culpability. The Court has held that “mistake in the identity of the victim carries the same
gravity as when the accused zeroes in on his intended victim.” (People vs. Sabalones, 294
SCRA 751, G.R. No. 123485 August 31, 1998
8. What is praeter intentionem and what are its implications?
Praeter intentionem is committed when an injury resulting from an act is greater than the
injury to be caused by the defender. It is considered as a mitigating circumstance under the
RPC. (Reyes, The Revised Penal Code)
9. When does mistake of fact apply?
Mistake of fact applies only when the mistake is committed without fault or carelessness. As
early as in the case of People v. Oanis and Galanta, 74 Phil. 257 (1943), the Court has ruled
that mistake of fact applies only when the mistake is committed without fault or carelessness:
In support of the theory of non-liability by reasons of honest mistake of fact, appellants rely
on the case of US. v. Ah Chong, 15 Phil. 488. The maxim is ignorantia facti excusat, but this
applies only when the mistake is committed without fault or carelessness. In the Ah Chong
case, defendant therein after having gone to bed was awakened by someone trying to open
the door. He called out twice, “who is there,” but received no answer. Fearing that the
intruder was a robber, he leaped from his bed and called out again, “If you enter the room, I
will kill you.” But at that precise moment, he was struck by a chair which had been placed
against the door and believing that he was then being attacked, he seized a kitchen knife and
struck and fatally wounded the intruder who turned out to be his roommate. (People vs.
Esmael Gervero, et al., G.R. No. 206725, July 11, 2018)

0917 – 894 53 56
Page 5 of 61
Handout No. 5
CRIMINAL LAW
10. What are the requisites for an impossible crime to be committed?
The requisites of an impossible crime are: (1) that the act performed would be an offense
against persons or property; (2) that the act was done with evil intent; and (3) that its
accomplishment was inherently impossible, or the means employed was either inadequate
or ineffectual
The third element, inherent impossibility of accomplishing the crime, was explained more
clearly by the Court in the case of Intod v. Court of Appeals, 215 SCRA 52 (1992), in this wise:
Under this article, the act performed by the offender cannot produce an offense against
persons or property because: (1) the commission of the offense is inherently impossible of
accomplishment; or (2) the means employed is either (a) inadequate or (b) ineffectual. That
the offense cannot be produced because the commission of the offense is inherently
impossible of accomplishment is the focus of this petition.
To be impossible under this clause, the act intended by the offender must be by its nature
one impossible of accomplishment. There must be either (1) legal impossibility, or (2) physical
impossibility of accomplishing the intended act in order to qualify the act as an impossible
crime. Legal impossibility occurs where the intended acts, even if completed, would not
amount to a crime. The impossibility of killing a person already dead falls in this category. On
the other hand, factual impossibility occurs when extraneous circumstances unknown to the
actor or beyond his control prevent the consummation of the intended crime. (People vs.
Hesson Callao y Marcelino and Junello Amad, G.R. No. 228945, March 14, 2018)
11. What are the stages of execution of a crime?
A felony is consummated when all the elements necessary for its execution and
accomplishment are present. (Article 6, par. 2, RPC)
A felony is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator. (Article 6, par. 2, RPC)
Elements:
i. The offender performs all the acts of execution;

ii. All the acts performed would produce the felony as a consequence;
iii. But the felony is not produced;
iv. By reason of causes independent of the will of the perpetrator.

0917 – 894 53 56
Page 6 of 61
Handout No. 5
CRIMINAL LAW
There is an attempt when the offender commences the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own spontaneous desistance. (Article 6,
par. 3, RPC)
Elements:
i. The offender commences the commission of the felony directly by overt acts. An overt
act is some physical activity or deed, indicating the intention to commit a particular
crime, more than a mere planning or preparation, which if carried to its complete
termination, will logically and necessarily ripen into a concrete offense.
ii. He does not perform all the acts of execution which should produce the felony;
iii. The offender’s act is not stopped by his own spontaneous desistance;
iv. The non-performance of all acts of execution was due to cause or accident other than
his spontaneous desistance.
12. What are the considerations in adjudging whether a series of criminal acts should be
considered continuous crime?
The primary considerations in adjudging whether a series of criminal acts should be

considered a continuous crime, are: the singularity in criminal intent and penal law violation,
and the period of time the act was committed.
Verily, when the criminal acts are performed on various dates, the presumption is that every
act is performed on the motivation of separate criminal intents. Thus, the tendency is for the
Court to treat each act as a separate and independent criminal violation. However, this is not
a hard and fast rule but are merely guidelines. Ultimately, whether or not a continuous crime
exists depends on the circumstances of each case. (Ambagan, Jr. vs. People, 887 SCRA 501,
G.R. Nos. 233443-44 November 28, 2018)
13. What is the difference between a composite crime and a compound or complex crime under
Article 48 of the RPC?
A composite crime, also known as a special complex crime, is composed of two or more
crimes but is treated by law as a single indivisible and unique offense for being the product
of one criminal impulse. It is a specific crime with a specific penalty provided by law, and is to
be distinguished from a compound or complex crime under Article 48 of the Revised Penal

0917 – 894 53 56
Page 7 of 61
Handout No. 5
CRIMINAL LAW
Code. A composite crime is truly distinct and different from a complex or compound crime.
In a composite crime, the composition of the offenses is fixed by law, but in a complex or
compound crime, the combination of the offenses is not specified but generalized, that is,
grave and/or less grave, or one offense being the necessary means to commit the other. In a
composite crime, the penalty for the specified combination of crimes is specific, but in a
complex or compound crime the penalty is that corresponding to the most serious offense,
to be imposed in the maximum period. A light felony that accompanies the commission of a
complex or compound crime may be made the subject of a separate information, but a light
felony that accompanies a composite crime is absorbed. (People vs. Esugon, 759 SCRA 666,
G.R. No. 195244 June 22, 2015)
14. Are composite crimes covered by the rules on complex crimes under Article 48 of the RPC?
Composite crimes are neither of the same legal basis as nor subject to the rules on complex
crimes in Article 48 of the Revised Penal Code, since they do not consist of a single act giving
rise to two or more grave or less grave felonies (compound crimes) nor do they involve an
offense being a necessary means to commit another (complex crime proper).
Justice Regalado, in his Separate Opinion in the case of People v. Barros, 245 SCRA 312 (1995),
explained that composite crimes are “neither of the same legal basis as nor subject to the
rules on complex crimes in Article 48 [of the Revised Penal Code], since they do not consist
of a single act giving rise to two or more grave or less grave felonies [compound crimes] nor
do they involve an offense being a necessary means to commit another [complex crime
proper]. However, just like the regular complex crimes and the present case of aggravated
illegal possession of firearms, only a single penalty is imposed for each of such composite
crimes although composed of two or more offenses.” People vs. Laog, 658 SCRA 654, G.R.
No. 178321 October 5, 2011
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
15. What are the circumstances affecting criminal liability?
Justifying circumstances are those where the act of a person is said to be in accordance with
law so that such person is deemed not to have transgressed the law and is free from both
criminal and civil liability.

0917 – 894 53 56
Page 8 of 61
Handout No. 5
CRIMINAL LAW
There is no civil liability, except in paragraph 4 of Article 11, RPC where the civil liability is borne
by the person benefitted by the act. (Reyes, RPC)
Exempting circumstances are those grounds for exemption from punishment because there is
wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
The exemption from punishment is based on the complete absences of intelligence, freedom of
actions, or intent, or on the absence of negligence on the part of the accused. (Reyes, RPC)
Mitigating circumstances are those which, if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to reduce the penalty.
Aggravating circumstances are those which, if attendant in the commission of the crime, serve
to increase the penalty without, however, exceeding the maximum of the penalty provided by
law for the offense. (Reyes, RPC)
Alternative circumstances are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions attending its
commissions. The alternative circumstances are relationship, intoxication, and degree of
instruction and education of the offender. (Reyes, RPC)
Absolutory causes are those where the act committed is a crime but for reasons of public policy
and sent8iment there is no penalty imposed. (Reyes, RPC)
16. What are the justifying circumstances under the Revised Penal Code?
a. Self-defense
b. Defense of relatives
c. Defense of strangers
d. Avoidance of greater evil or injury
e. Fulfillment of duty or lawful exercise of right or office
f. Obedience to an order issued for a lawful purpose
Battered Woman Syndrome is a justifying circumstance under R.A. No. 9262.

0917 – 894 53 56
Page 9 of 61
Handout No. 5
CRIMINAL LAW
17. What are the exempting circumstances under the Revised Penal Code?
a. Imbecility or insanity
b. Minority
c. Accident without fault or intention of causing it
d. Irresistible force
e. Uncontrollable fear
f. Insuperable causes
18. What are the mitigating circumstances under the Revised Penal Code?
a. Incomplete justifying circumstances

b. When offender is over fifteen (15) but under eighteen (18) years of age, who acted with
discernment or when the offender is over seventy (70) years old
c. Lack of intention to commit so grave a wrong as that committed
d. Sufficient provocation or threat on the part of the offended party
e. Vindication of a grave offense
f. Passion or obfuscation
g. Voluntary surrender or voluntary confession of guilt
h. Physical defect of offender
i. Illness of offender diminishing his willpower
j. Other similar reasons or analogous circumstances
19. What are the aggravating circumstances under the Revised Penal Code?
a. That advantage be taken by the offender of his public position.

b. That the crime be committed in contempt or with insult to the public authorities.
c. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
d. That the act be committed with abuse of confidence or obvious ungratefulness.
e. That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
f. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense. Whenever

0917 – 894 53 56
Page 10 of 61
Handout No. 5
CRIMINAL LAW
more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.
g. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
h. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
i. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.
j. That the offender has been previously punished by an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.
k. That the crime be committed in consideration of a price, reward, or promise.
l. That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or international damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste and ruin.
m. That the act be committed with evidence premeditation.
n. That craft, fraud or disguise be employed.
o. That advantage be taken of superior strength, or means be employed to weaken the
defense.
p. That the act be committed with treachery (alevosia). There is treachery when the
offender commits any of the crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.
q. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
r. That the crime be committed after an unlawful entry. There is an unlawful entry when an
entrance is effected by a way not intended for the purpose.
s. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
t. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, airships, or other similar means.
u. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.

0917 – 894 53 56
Page 11 of 61
Handout No. 5
CRIMINAL LAW
20. What are the alternative circumstances under the Revised Penal Code?
a. Relationship
b. Intoxication
c. Degree of instruction and education of the offender
PERSONS LIABLE AND DEGREE OF PARTICIPATION
21. Who are the persons liable for a crime?
Principals, as those: (i) who take a direct part in the execution of the act; (ii) who directly force
or induce others to commit it; and (iii) who cooperate in the commission of the offense by
another act without which it would not have been accomplished.
Accomplices, as those persons who, not being a principal, cooperate in the execution of the
offense by previous or simultaneous acts.
Accessories, as those who, having knowledge of the commission of the crime, and without
having participated therein, either as principals or accomplices, take part subsequent to its
commission in any of the following manners: (i) by profiting themselves or assisting the
offender to profit by the effects of the crime; (ii) by concealing or destroying the body of the
crime, or the effects or instruments thereof, in order to prevent its discovery; (iii) by
harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty
of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
22. What is the nature of conspiracy, and how should it be appreciated?
Conspiracy should be understood on two (2) levels, i.e., a mode of committing a crime or a
crime in itself. In Estrada v. Sandiganbayan, 377 SCRA 538 (2002), we explained that when
conspiracy is charged as a crime, the act of conspiring and all the elements must be set forth
in the information, but when it is not and conspiracy is considered as a mode of committing
the crime, there is less necessity of reciting its particularities in the information because
conspiracy is not the gravamen of the offense. (Inocentes vs. People, 796 SCRA 34, G.R. Nos.
205963-64 July 7, 2016)

0917 – 894 53 56
Page 12 of 61
Handout No. 5
CRIMINAL LAW
If two (2) or more persons enter into a conspiracy, any act done by any of them pursuant to
the agreement is, in contemplation of law, the act of each of them and they are jointly
responsible therefor.
This means that everything said, written or done by any of the conspirators in execution or
furtherance of the common purpose is deemed to have been said, done, or written by each
of them and it makes no difference whether the actual actor is alive or dead, sane or insane
at the time of trial.
A conspiracy is in its nature a joint offense. One person cannot conspire alone. The crime
depends upon the joint act or intent of two or more person[s]. Yet, it does not follow that
one person cannot be convicted of conspiracy. As long as the acquittal or death of a co-
conspirator does not remove the basis of a charge of conspiracy, one defendant may be found
guilty of the offense. Thus, it is not necessary to join all the alleged co-conspirators in an
indictment for a crime committed through conspiracy. (Manuel M. Venezuela vs. People,
G.R. No. 205693, February 14, 2018)
Proof of conspiracy need not even rest on direct evidence, as the same may be inferred from
the collective conduct of the parties before, during or after the commission of the crime
indicating a common understanding among them with respect to the commission of the
offense. (People v. Anthony Villanueva, Melvin Tupaz and Ruel Regner, G.R. No. 211082,
December 13, 2017)
23. What are the requisites of recidivism?
a. That the offender is on trial for an offense;

b. That he was previously convicted by final judgment of another crime;
c. That both the first and the second offenses are embraced in the same title of the Code;
d. That the offender is convicted of the new offense. (Luis B. Reyes, The Revised Penal Code,
p. 320, Bk. I). (The Aggravating Circumstances of Recidivism and Other Forms of
Repetition, 124 SCRA 99)
24. Distinguish recidivism from reiteracion.
In reiteracion, it is necessary that the offender shall have served his sentence for the first
offense; whereas, in recidivism it is enough that a final judgment has been rendered in the
first offense.

0917 – 894 53 56
Page 13 of 61
Handout No. 5
CRIMINAL LAW
In reiteracion, the previous and subsequent offenses must not be embraced in the same title
of the Code; whereas, recidivism requires that the offenses be included in the same title of
the Code.
Reiteracion is not always an aggravating circumstance; whereas, recidivism is always to be

taken into consideration in fixing the penalty to be imposed upon the accused.
If, as a result of taking this circumstance into account, the penalty for the crime of murder
would be death and the offenses for which the offender has been previously convicted are
against property and not directly against persons, the court should exercise its discretion in
favor of the accused by not taking this circumstance into account. (1 Viada 310). (The
Aggravating Circumstances of Recidivism and Other Forms of Repetition, 124 SCRA 99)
25. What is quasi-recidivism?
Any person who shall commit a felony after having been convicted by final judgment, before
beginning to serve such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony (Art. 160, Revised Penal
Code). (The Aggravating Circumstances of Recidivism and Other Forms of Repetition, 124
SCRA 99)
26. What are the requisites of habitual delinquency?
a. That the offender had been convicted of any of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification.
b. That after that conviction or after serving his sentence, he again, committed, and within
ten years from release or first conviction, he was again convicted of any of the said crimes
for the second time.
c. That after his conviction or after serving sentence for the second offense, he again
committed, and within ten years from his last release or last conviction, he was again
convicted of any of said offenses, the third time or oftener. (The Aggravating
Circumstances of Recidivism and Other Forms of Repetition, 124 SCRA 99)

0917 – 894 53 56
Page 14 of 61
Handout No. 5
CRIMINAL LAW
27. Distinguish habitual delinquency from recidivism.
As to the crimes committed: in recidivism, it is sufficient that the accused on the date of his
trial, shall have been previously convicted by final judgment of another crime embraced in
the same title of the Code; in habitual delinquency, the crimes are specified.
As to the period of time the crimes are committed: in recidivism, no period of time between
the former conviction and the last conviction is fixed by law; in habitual delinquency, the
offender is found guilty of any of the crimes specified within ten years from his last release
or conviction.
As to the number of crimes committed: in recidivism, the second conviction for an offense
embraced in the same title of the code is sufficient; in habitual delinquency the accused must
be found guilty the third time or oftener of any of the crimes specified. (People vs. Bernal, 63
Phil. 750).
As to their effects: recidivism, if not offset by a mitigating circumstance serves to increase the
penalty only to the maximum; whereas, if there is habitual delinquency, an additional penalty
is also imposed (Luis B. Reyes, The Revised Penal Code, pp. 605-609, Bk. I). (The Aggravating
Circumstances of Recidivism and Other Forms of Repetition, 124 SCRA 99)
PENALTIES
28. How is the Indeterminate Sentence Law applied in the imposition of sentence?
If the offense is punished under the RPC, the maximum term is that which, in view of the
attending circumstances, could be properly imposed under the RPC. The basis for fixing the
minimum term is the prescribed penalty, and not the imposable penalty.
The RPC provides for an initial penalty as a general prescription for the felonies defined
therein which consists of a range of period of time. This is what is referred to as the
"prescribed penalty". For instance, under Article 249 of the RPC, the prescribed penalty for
homicide is reclusión temporal which ranges from 12 years and 1 day to 20 years of
imprisonment. Further, the Code provides for attending or modifying circumstances which
when present in the commission of a felony affects the computation of the penalty to be
imposed on a convict. This penalty, as thus modified, is referred to as the "imposable
penalty". In the case of homicide which is committed with one ordinary aggravating
circumstance and no mitigating circumstances, the imposable penalty under the RPC shall be
the prescribed penalty in its maximum period. From this imposable penalty, the court

0917 – 894 53 56
Page 15 of 61
Handout No. 5
CRIMINAL LAW
chooses a single fixed penalty (also called a straight penalty) which is the "penalty actually
imposed" on a convict, i.e., the prison term he has to serve. (People v. Temporada, G.R. No.
173473, December 17, 2008)
If the offense is punished by a special law, the trial court shall sentence the accused to an
indeterminate penalty, the maximum term of which shall not exceed the maximum fixed by
this law, and the minimum term shall not be less than the minimum prescribed by the same
law. (Bacasmas v. Sandiganbayan, G.R. Nos. 189343, 189369 & 189553, July 10, 2013)
29. When is the Indeterminate Sentence Law not applicable?
a. Persons convicted of offenses punished with death penalty or life imprisonment.
Note: The ISL uses the word “punished” not the word “punishable”; hence, it is the
penalty actually imposed, not the penalty that may be imposed, that should be
considered. (Reyes, RPC)
b. Those convicted of treason, conspiracy, or proposal to commit treason.

c. Those convicted of misprision of treason, rebellion, sedition, or espionage
d. Those convicted of piracy.
e. Those who are habitual delinquents (but it is applicable to recidivist).
f. Those who shall have escaped from confinement or evaded sentence.
g. Those who violated the terms of conditional pardon granted to them by the Chief
Executive.
h. Those whose maximum term of imprisonment does not exceed one year.
Note: The ISL does not apply to non-divisible penalties (e.g. death, reclusion perpetua, life
imprisonment); it covers only divisible penalties and does not include indivisible penalties.
i. Those who, upon approval of the law (i.e. December 5, 1933), had been sentenced by
final judgment. (Section 2, Act No. 4103)
j. Those sentenced to the penalty of destierro or suspension (in view of their nature; the
benefits of ISL are expressly granted to those who are sentenced to imprisonment
exceeding one year).

0917 – 894 53 56
Page 16 of 61
Handout No. 5
CRIMINAL LAW
EXECUTION AND SERVICE OF SENTENCE
30. What is the three-fold rule?
Under the three-fold rule, the maximum duration of the convict's sentence shall not be more
than three-fold the length of time corresponding to the most severe of the penalties imposed
upon him. No other penalty to which he may be liable shall be inflicted after the sum total of
those imposed equals the same maximum period. Such maximum period shall in no case
exceed forty years. (Art. 70, Revised Penal Code)
31. When is the benefit of probation not available?
Section 9(a) of the Probation Law is clear that the benefits of probation shall not extend to
those sentenced to serve a maximum term of imprisonment of more than six (6) years.
Furthermore, Section 4 of the Probation Law, as amended, reads: SEC. 4. Grant of Probation.
– Subject to the provisions of this Decree, the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence and place
the defendant on probation for such period and upon such terms and conditions as it may
deem best. No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction: xxx
Section 4 of the Probation Law, as amended, intends to put a stop to the practice of appealing
from judgments of conviction even if the sentence is probationable, for the purpose of
securing an acquittal and applying for the probation only if the accused fails in his bid. An
accused must not have appealed his conviction before he can avail himself of probation.
Jurisprudence treats appeal and probation as mutually exclusive remedies because the law is
unmistakable about it. The law is very clear and a contrary interpretation would counter its
envisioned mandate. (People vs. Renato Galuga y Wad-As, G.R. No. 221428, February 13,
2019)
32. What is the minimum age of criminal responsibility? How is it determined?
A child fifteen (15) years of age or under at the time of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subjected to an intervention
program.

0917 – 894 53 56
Page 17 of 61
Handout No. 5
CRIMINAL LAW
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of
his/her birthdate.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the appropriate proceedings.
The exemption from criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing laws.
The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy
all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years
old or older. The age of a child may be determined from the child's birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may
be based on information from the child himself/herself, testimonies of other persons, the
physical appearance of the child and other relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four
(24) hours from receipt of the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion to determine the age of the child in the same
court where the case is pending. Pending hearing on the said motion, proceedings on the
main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government
officials concerned shall exert all efforts at determining the age of the child in conflict with
the law. Juvenile Justice and Welfare Act of 2006, Republic Act No. 9344, April 28, 2006
33. What are the important amendments to Articles 29, 94, 97, 98, and 99 of the RPC?
Citing a published article, entitled “SC Rules In Favor of Prisoners and Inmates” and dated July
1, 2019, as recovered from the Supreme Court Website (https://sc.judiciary.gov.ph/4510/),
to wit:

0917 – 894 53 56
Page 18 of 61
Handout No. 5
CRIMINAL LAW
The Supreme Court in their En Banc session on 25 June 2019 and in a decision penned by
Associate Justice Diosdado M. Peralta, declared invalid Section 4, Rule 1 of the
Implementing Rules and Regulations (“IRR”) of Republic Act No. 10592 (“R.A. 10592”) in
so far as the said IRR provided for the prospective application of the grant of time
allowance of prisoners for: i.) good conduct, ii.) study, teaching, and mentoring service,
and iii.) loyalty.
As a consequence, all prisoners regardless of whether already serving his/her sentence or

undergoing preventive imprisonment may qualify for the reduction of their sentence
pursuant to the time allowances under R.A. 10592.
The decision was in connection with the following consolidated cases:
Inmates of the New Bilibid Prison, et al. vs. Sec. Leila M. De Lima, et al.; Atty. Rene A.V.
Saguisag, Sr. vs. Sec. Leila M. De Lima, et al.; William M. Montinola, et al. vs. Sec. Leila
M. De Lima, et al. (G.R. No. 212719)
Reynaldo D. Edago, et al. vs. Sec. Leila M. De Lima, et al. (G.R. No. 214637)
R.A. 10592 which was passed into law on 29 May 2013 amended Articles 29, 94, 97, 98,
and 99 of the Revised Penal Code (Act No. 3815 or “RPC”). The important amendments
under RA 10592, among others, are as follows:
1.) It expanded the application of the good conduct time allowance for prisoners
even during preventive imprisonment.
2.) It increased the number of days that may be credited for good conduct time
allowance.
3.) It allowed additional deduction of 15 days for each month of study, teaching,
or mentoring service.
4.) It expanded the special time allowance for loyalty and made it applicable even
during preventive imprisonment.
34. What does Article 88-a of the RPC provide?
Article 88-a of the RPC was brought about by R.A. No. 11362. Under Section 3 of R.A. No.
11362, it is provided to wit:

0917 – 894 53 56
Page 19 of 61
Handout No. 5
CRIMINAL LAW
Article 88a of the Act No. 3815 is hereby inserted to read as follows:
"ART. 88a. Community Service. - The court in the discretion may, in lieu of service in jail,
require that the penalties of arresto menor and arresto mayor may be served by the
defendant by rendering community service in the place where the crime was committed,
under such terms as the court shall determine, taking into consideration the gravity of
offense and the circumstances of the case, which shall be under the supervision of a
probation officer: Provided, That the court will prepare an order imposing the community
service, specifying the number of hours to be worked and the period within which to
complete the service. The order is then referred to the assigned probation officer who
shall have responsibility of the defendant.
"The defendant shall likewise be required to undergo rehabilitative counseling under the
social welfare and development office of the city or municipality concerned with the
assistance of the Department of Social Welfare and Development (DSWD). In requiring
community service, the court shall consider the welfare of the society and the reasonable
probability that the person sentenced shall not violate the law while rendering a public
service.
"Community service shall consist of any actual physical activity which inculcates civic
consciousness, and is intended towards the improvement of a public work or promotion
of a public service.
"If the defendant violates the terms of the community service, the court shall order
his/her re-arrest and the defendant shall serve the full term of the penalty, as the case
may be, in jail, or in the house of the defendant as provided under Article 88. However, if
the defendant has fully complied with the terms of the community service, the court shall
order the release of the defendant unless detained for some other offenses.
"The privilege of rendering community service in lieu of service in jail shall be availed of
only once."
EXTINCTION OF CRIMINAL LIABILITY
35. How is criminal liability extinguished?
Criminal liability is totally extinguished: (i) By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability therefor is extinguished only when the death
of the offender occurs before final judgment; (ii) By service of the sentence; (iii) By amnesty,

0917 – 894 53 56
Page 20 of 61
Handout No. 5
CRIMINAL LAW
which completely extinguishes the penalty and all its effects; (iv) By absolute pardon; (v) By
prescription of the crime; (vi) By prescription of the penalty; and (viii) By the marriage of the
offended woman, as provided in Article 344 of this Code.
CIVIL LIABILITY IN CRIMINAL CASE
36. What is the effect of the death of the accused pending appeal of conviction?
Upon death of the accused pending appeal of his conviction, the criminal action is
extinguished inasmuch as there is no longer a defendant to stand as the accused; the civil
action instituted therein for recovery of civil liability ex delicto is ipso facto extinguished,
grounded as it is on the criminal. (People v. Gerry Lipata y Ortiza, G.R. No. 200302, April 20,
2016)
CRIMES UNDER THE REVISED PENAL CODE
37. List of Common Crimes under the Revised Penal Code (Book Two)
Treason The crime of treason is committed by any person who, owing

allegiance to the Government of the Philippine Islands, not
being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippine
Islands or elsewhere.
x---------------------x
No person shall be convicted of treason unless on the

testimony of two witnesses at least to the same overt act or
on confession of the accused in open court.
Arbitrary Detention The crime of arbitrary detention is committed by any public

officer or employee who, without legal grounds, detains a
person.
x---------------------x

0917 – 894 53 56
Page 21 of 61
Handout No. 5
CRIMINAL LAW
The commission of a crime, or violent insanity or any other

ailment requiring the compulsory confinement of the patient
in a hospital, shall be considered legal grounds for the
detention of any person.
Offending the Religious The crime of offending the religious feelings is committed by
Feelings any person who, in a place devoted to religious worship or
during the celebration of any religious ceremony, shall
perform acts notoriously offensive to the feelings of the
faithful.
Rebellion or Insurrection The crime of rebellion or insurrection is committed by rising

publicly and taking arms against the Government for the
purpose of removing from the allegiance to said Government
or its laws, the territory of the Philippine Islands or any part
thereof, of any body of land, naval or other armed forces,
depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives.
Coup d’etat The crime of coup d'etat is a swift attack accompanied by

violence, intimidation, threat, strategy or stealth, directed
against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation,
communications network, public utilities or other facilities
needed for the exercise and continued possession of power,
singly or simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to the military
or police or holding any public office of employment with or
without civilian support or participation for the purpose of
seizing or diminishing state power.
Sedition The crime of sedition is committed by persons who rise

publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal methods, any
of the following objects:
(i) To prevent the promulgation or execution of any law or the

holding of any popular election;
(ii) To prevent the National Government, or any provincial or

municipal government or any public officer thereof from

0917 – 894 53 56
Page 22 of 61
Handout No. 5
CRIMINAL LAW
freely exercising its or his functions, or prevent the execution

of any administrative order;
(iii) To inflict any act of hate or revenge upon the person or

property of any public officer or employee;
(iv) To commit, for any political or social end, any act of hate
or revenge against private persons or any social class; and
(v) To despoil, for any political or social end, any person,

municipality or province, or the National Government (or the
Government of the United States), of all its property or any
part thereof.
Direct Assault The crime of direct assault is If the overt act does not
committed by any person tantamount to direct assault
who, without a public nor to indirect assault, the
uprising, shall employ force or crime committed may be
intimidation for the resistance and disobedience
attainment of any of the to a person in authority or the
purpose enumerated in agents of such person.
defining the crimes of
rebellion and sedition, or shall Resistance and Disobedience
attack, employ force, or is committed by any person
seriously intimidate or resist who not being included in the
any person in authority or any provisions of the preceding
of his agents, while engaged articles shall resist or
in the performance of official seriously disobey any person
duties, or on occasion of such in authority, or the agents of
performance. such person, while engaged in
the performance of official
Indirect Assault The crime of indirect assault is duties.
committed by any person
who shall make use of force Persons in authority – Any
or intimidation upon any person directly vested with
person coming to the aid of jurisdiction, whether as an
the authorities or their agents individual or as a member of
on occasion of the some court or government-
commission of any of the owned or controlled
crimes defined under the corporation, board or
article on direct assaults.

0917 – 894 53 56
Page 23 of 61
Handout No. 5
CRIMINAL LAW
commission, shall be deemed

a person in authority.
Agent of a person in authority

– A person who, by direct
provision of law or by election
or by appointment by
competent authority, is
charged with the
maintenance of public order
and the protection and
security of life and property,
such as a barrio councilman,
barrio policeman and
barangay leader and any
person who comes to the aid
of persons in authority, shall
be deemed an agent of a
person in authority.
Teachers, professors and

persons charged with the
supervision of public or duly
recognized private schools,
colleges and universities, and
lawyers in the actual
performance of their
professional duties or on the
occasion of such
performance, shall be
deemed persons in authority.
Alarms and Scandals The crime of alarms and scandals is committed by:
(i) Any person who within any town or public place, shall
discharge any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger;
(ii) Any person who shall instigate or take an active part in any
charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility;

0917 – 894 53 56
Page 24 of 61
Handout No. 5
CRIMINAL LAW
(iii) Any person who, while wandering about at night or while

engaged in any other nocturnal amusements, shall disturb the
public peace; or
(iv) Any person who, while intoxicated or otherwise, shall

cause any disturbance or scandal in public places, provided
that the circumstances of the case shall not make the
provisions of Article 153 (Tumultuous disturbance) applicable.
Falsification by Private The crime of falsification and Acts of falsification under

Individual and Use of use of falsified documents is Article 171:
Falsified Documents committed by:
(i) Counterfeiting or imitating
(i) Any private individual who any handwriting, signature or
shall commit any of the rubric;
falsifications enumerated in
Article 171 in any public or (ii) Causing it to appear that
official document or letter of persons have participated in
exchange or any other kind of any act or proceeding when
commercial document; and they did not in fact so
participate;
(ii) Any person who, to the
damage of a third party, or (iii) Attributing to persons
with the intent to cause such who have participated in an
damage, shall in any private act or proceeding statements
document commit any of the other than those in fact made
acts of falsification by them;
enumerated in Article 171.
(iv) Making untruthful
(iii) Any person who shall statements in a narration of
knowingly introduce in facts;
evidence in any judicial
proceeding or to the damage (v) Altering true dates;
of another or who, with the
intent to cause such damage, (vi) Making any alteration or
shall use any of the false intercalation in a genuine
documents. document which changes its
meaning;

0917 – 894 53 56
Page 25 of 61
Handout No. 5
CRIMINAL LAW
(vii) Issuing in an
authenticated form a
document purporting to be a
copy of an original document
when no such original exists,
or including in such a copy a
statement contrary to, or
different from, that of the
genuine original; or
(viii) Intercalating any

instrument or note relative to
the issuance thereof in a
protocol, registry, or official
book.
False Testimony in Other The crime of perjury is committed by any person, who
Cases and Perjury in Solemn knowingly makes untruthful statements, and not being
Affirmations tantamount to other forms of false testimony, shall testify
under oath, or make an affidavit, upon any material matter
before a competent person authorized to administer an oath
in cases in which the law so requires.
x---------------------x
Other forms of false testimony: (i) false testimony against a

defendant; (ii) false testimony favorable to the defendants;
(iii) false testimony in civil cases; (iv) offering false testimony
in evidence.
Grave Scandal The crime of grave scandal is committed by any person who
shall offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other
article of the Revised Penal Code.
Direct Bribery The crime of direct bribery is committed by any public officer
who shall agree to perform an act constituting a crime, in
connection with the performance of his official duties, in
consideration of any offer, promise, gift or present received by
such officer, personally or through the mediation of another.

0917 – 894 53 56
Page 26 of 61
Handout No. 5
CRIMINAL LAW
Indirect Bribery The crime of indirect bribery is committed by any public officer
who shall accept gifts offered to him by reason of his office.
Corruption of Public Officials The crime of corruption of public officials is committed by any
person who shall have made the offers or promises or given
the gifts or presents as to constitute direct or indirect bribery.
Malversation of Public Funds The crime of malversation of public funds is committed by any
public officer who, by reason of the duties of his office, is
accountable for public funds or property, shall appropriate the
same or shall take or misappropriate or shall consent, through
abandonment or negligence, shall permit any other person to
take such public funds, or property, wholly or partially, or shall
otherwise be guilty of the misappropriation or malversation of
such funds or property.
x---------------------x
The failure of a public officer to have duly forthcoming any

public funds or property with which he is chargeable, upon
demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing funds or property to
personal use.
Illegal Use of Public Funds The crime of illegal use of public funds is committed by any
public officer who shall apply any public fund or property
under his administration to any public use other than for
which such fund or property were appropriated by law or
ordinance.
Parricide The crime of parricide is committed by any person who shall

kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his
spouse.
Murder The crime of murder is committed by any person who, not

falling within the definition of parricide, shall kill another, with
any of the following attendant circumstances:

0917 – 894 53 56
Page 27 of 61
Handout No. 5
CRIMINAL LAW
(i) With treachery, taking advantage of superior strength, with

the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity.
(ii) In consideration of a price, reward, or promise.
(iii) By means of inundation, fire, poison, explosion, shipwreck,

stranding of a vessel, derailment or assault upon a street car
or locomotive, fall of an airship, by means of motor vehicles,
or with the use of any other means involving great waste and
ruin.
(iv) On occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
(v) With evident premeditation.
(vi) With cruelty, by deliberately and inhumanly augmenting

the suffering of the victim, or outraging or scoffing at his
person or corpse.
Homicide The crime of homicide is committed by any person who, not

falling within the definition of parricide, shall kill another,
without the attendance of any of the circumstances to qualify
the act as murder.
Infanticide The crime of infanticide is committed by any person who shall

kill any child less than three days of age.
Abortion The crime of abortion is committed by any person who shall

cause the pre-termination of a pregnancy.
x---------------------x
Manner of committing abortion: (i) Intentional Abortion; (ii)

Unintentional Abortion; Abortion Practiced by the Woman
Herself or by Her parents; and (iv) Abortion practices by a
physician or midwife

0917 – 894 53 56
Page 28 of 61
Handout No. 5
CRIMINAL LAW
Physical Injuries The crime of physical injuries is committed by any person who
shall wound, beat, or assault another.
x---------------------x
Physical injuries may either be: (i) Serious Physical Injuries; (ii)
Less Serious Physical Injuries; and (iii) Slight Physical Injuries.
x---------------------x
Serious Physical Injuries is committed by any person who shall

wound, beat, or assault another:
(i) if in consequence of the physical injuries inflicted, the

injured person shall become insane, imbecile, impotent, or
blind;
(ii) if in consequence of the physical injuries inflicted, the

person injured shall have lost the use of speech or the power
to hear or to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such member, or
shall have become incapacitated for the work in which he was
therefore habitually engaged;
(iii) if in consequence of the physical injuries inflicted, the

person injured shall have become deformed, or shall have lost
any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of
the work in which he as habitually engaged for a period of
more than ninety days;
(iv) if the physical injuries inflicted shall have caused the illness
or incapacity for labor of the injured person for more than
thirty days.
x---------------------x
Less Serious Physical Injuries is committed by any person who

shall inflict upon another physical injuries not described as
Serious Physical Injuries, but which shall incapacitate the

0917 – 894 53 56
Page 29 of 61
Handout No. 5
CRIMINAL LAW
offended party for labor for ten days or more, or shall require
medical assistance for the same period.
x---------------------x
The crime of slight physical injuries is committed:
(i) when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine
days, or shall require medical attendance during the same
period.
(ii) when the offender has caused physical injuries which do

not prevent the offended party from engaging in his habitual
work nor require medical assistance.
(iii) when the offender shall ill-treat another by deed without

causing any injury.
Kidnapping and Serious The crime of kidnapping and serious illegal detention is
Illegal Detention committed by any private individual who shall kidnap or
detain another, or in any other manner deprive him of his
liberty:
(i) If the kidnapping or detention shall have lasted more than

five days.
(ii) If it shall have been committed simulating public authority.
(iii) If any serious physical injuries shall have been inflicted

upon the person kidnapped or detained; or if threats to kill
him shall have been made.
(iv) If the person kidnapped or detained shall be a minor,

female or a public officer.
(v) For the purpose of extorting ransom from the victim or any
other person, even if none of the circumstances above-
mentioned were present in the commission of the offense.

0917 – 894 53 56
Page 30 of 61
Handout No. 5
CRIMINAL LAW
Slight Illegal Detention The crime of slight illegal detention is committed by any
private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, without the
attendance of any of circumstances enumerated as to
constitute kidnapping and serious illegal detention.
Unlawful Arrest The crime of unlawful arrest is committed by any person who,
in any case other than those authorized by law, or without
reasonable ground therefor, shall arrest or detain another for
the purpose of delivering him to the proper authorities.
Grave Threats The crime of grave threats is committed by any person who
shall threaten another with the infliction upon the person,
honor or property of the latter or of his family of any wrong
amounting to a crime.
Penalties imposed shall differ in the following instance:
(i) if the offender shall have made the threat demanding

money or imposing any other condition, even though not
unlawful, and said offender shall have attained his purpose. If
the offender shall not have attained his purpose, lower
penalty is afforded;
(ii) if the threat be made in writing or through a middleman;
(iii) if the threat shall not have been made subject to a

condition.
Light Threats The crime of light threats is any threat to commit a wrong not
constituting a crime, made in the manner expressed in
subdivision 1 of the article on grave threat.
Grave Coercions The crime of grave coercions is committed by any person who,
without authority of law, shall, by means of violence, prevent
another from doing something not prohibited by law, or
compel him to do something against his will, whether it be
right or wrong.

0917 – 894 53 56
Page 31 of 61
Handout No. 5
CRIMINAL LAW
If the coercion be committed for the purpose of compelling

another to perform any religious act or to prevent him from so
doing, a higher penalty is imposed.
Light Coercions The crime of light coercion is committed by any person who,
by means of violence, shall seize anything belonging to his
debtor for the purpose of applying the same to the payment
of the debt.
Robbery The crime of robbery is the taking of personal property

belonging to another, with intent to gain, by means of violence
against, or intimidation of any person, or using force upon
anything.
x--------------------x
Robbery is classified into two, to wit:
(i) Robbery with violence against or intimidation of persons

(Articles 294, 297, and 298); and
(ii) Robbery by use of force upon things (Articles 299 and 302)
Theft The crime of theft is committed by any person who, with

intent to gain but without violence against or intimidation of
persons nor force upon things, shall take personal property of
another without the latter's consent. Theft is likewise
committed by:
(i) Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner;
(ii) Any person who, after having maliciously damaged the

property of another, shall remove or make use of the fruits or
object of the damage caused by him; and
(iii) Any person who shall enter an enclosed estate or a field

where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the
same or shall gather cereals, or other forest or farm products.

0917 – 894 53 56
Page 32 of 61
Handout No. 5
CRIMINAL LAW
Qualified Theft The crime of theft shall be punished by higher penalties, if

committed by a domestic servant, or with grave abuse of
confidence, or if the property stolen is motor vehicle, mail
matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.
Estafa The crime of estafa is committed by any person who shall

defraud another by any of the means mentioned hereinbelow:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or anything

of value which the offender shall deliver by virtue of an
obligation to do so, even though such obligation be based on
an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of

another, money, goods, or any other personal property
received by the offender in trust or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond; or
by denying having received such money, goods, or other
property.
(c) By taking undue advantage of the signature of the offended

party in blank, and by writing any document above such
signature in blank, to the prejudice of the offended party or of
any third person.
2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess

power, influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other
similar deceits.

0917 – 894 53 56
Page 33 of 61
Handout No. 5
CRIMINAL LAW
(b) By altering the quality, fineness or weight of anything

pertaining to his art or business.
(c) By pretending to have bribed any Government employee,

without prejudice to the action for calumny which the
offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the
maximum period of the penalty.
(d) By post-dating a check, or issuing a check in payment of an

obligation when the offender therein were not sufficient to
cover the amount of the check. The failure of the drawer of
the check to deposit the amount necessary to cover his check
within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been
dishonored for lack of insufficiency of funds shall be prima
facie evidence of deceit constituting false pretense or
fraudulent act.
(e) By obtaining any food, refreshment or accommodation at

a hotel, inn, restaurant, boarding house, lodging house, or
apartment house and the like without paying therefor, with
intent to defraud the proprietor or manager thereof, or by
obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false
pretense, or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant, boarding
house, lodging house or apartment house after obtaining
credit, food, refreshment or accommodation therein without
paying for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any

document.
(b) By resorting to some fraudulent practice to insure success

in a gambling game.

0917 – 894 53 56
Page 34 of 61
Handout No. 5
CRIMINAL LAW
(c) By removing, concealing or destroying, in whole or in part,

any court record, office files, document or any other papers.
Other Forms of Swindling The crime of other forms of swindling is committed by:
(i) Any person who, pretending to be owner of any real

property, shall convey, sell, encumber or mortgage the same.
(ii) Any person, who, knowing that real property is

encumbered, shall dispose of the same, although such
encumbrance be not recorded.
(iii) The owner of any personal property who shall wrongfully

take it from its lawful possessor, to the prejudice of the latter
or any third person.
(iv) Any person who, to the prejudice of another, shall execute

any fictitious contract.
(v) Any person who shall accept any compensation given him
under the belief that it was in payment of services rendered or
labor performed by him, when in fact he did not actually
perform such services or labor.
(vi) Any person who, while being a surety in a bond given in a

criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real
property or properties with which he guaranteed the
fulfillment of such obligation.
Other Deceits The crime of other deceits is committed by any person who
shall defraud or damage another by any other deceit not
identified as swindling.
It is likewise committed by any person who, for profit or gain,

shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other similar
manner.

0917 – 894 53 56
Page 35 of 61
Handout No. 5
CRIMINAL LAW
Adultery The crime of adultery is committed by any married woman

who shall have sexual intercourse with a man not her husband
and by the man who has carnal knowledge of her knowing her
to be married, even if the marriage be subsequently declared
void.
Concubinage The crime of concubinage is committed by any husband who

shall keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in any
other place.
Rape The crime of rape is committed, when the offender had carnal
knowledge of the victim; and said carnal knowledge was
accomplished through the use of force or intimidation; or the
victim was deprived of reason or otherwise unconscious; or
when the victim was under twelve (12) years of age or
demented.
Acts of Lasciviousness The crime of acts of lasciviousness is committed by any person

who shall commit any act of lasciviousness upon other persons
of either sex, and said act was accomplished through the use
of force or intimidation; or the victim was deprived of reason
or otherwise unconscious; or when the victim was under
twelve (12) years of age or demented.
Forcible Abduction The crime of forcible abduction is committed against any

woman who is taken against her will and with lewd designs.
Bigamy The crime of bigamy is committed by any person who shall

contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent
spouse has been declared presumptively dead by means of a
judgment rendered in the proper proceedings.
Libel A libel is public and malicious imputation of a crime, or of a

vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.

0917 – 894 53 56
Page 36 of 61
Handout No. 5
CRIMINAL LAW
Criminal Negligence The crime is committed by any person who, by reckless or

simple imprudence, shall commit any act which, had it been
intentional, would constitute a felony.
x---------------------x
When the execution of the act covered by this article shall

have only resulted in damage to the property of another, the
offender shall be punished by a fine.
x---------------------x
Reckless imprudence consists in voluntary, but without

malice, doing or falling to do an act from which material
damage results by reason of inexcusable lack of precaution on
the part of the person performing of failing to perform such
act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other
circumstances regarding persons, time and place.
Simple imprudence consists in the lack of precaution displayed

in those cases in which the damage impending to be caused is
not immediate nor the danger clearly manifest.
SPECIAL PENAL LAWS
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (SECS. 3[A-C], 4 AND 5, R.A. NO. 9775)
38. What are the unlawful or Prohibited Acts under R.A. No. 9775?
It shall be unlawful for a person to commit any of the following acts:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;

0917 – 894 53 56
Page 37 of 61
Handout No. 5
CRIMINAL LAW
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.
39. What is the crime of Syndicated Child Pornography?
The crime of child pornography is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or confederating with one another and shall be
punished under Section 15(a) of this Act, i.e. reclusion perpetua and a fine of not less than
Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00).
Section 5, RA 9775

0917 – 894 53 56
Page 38 of 61
Handout No. 5
CRIMINAL LAW
ANTI-FENCING LAW OF 1979 (SECS. 2 TO 6, P.D. NO. 1612)
40. How is the crime of fencing committed?
"Fencing" is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or should
be known to him, to have been derived from the proceeds of the crime of robbery or theft.
"Fence" includes any person, firm, association corporation or partnership or other

organization who/which commits the act of fencing.
Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing. Section 5, PD 1612
41. Are the crimes of robbery and theft, on the one hand, and fencing, on the other, separate
and distinct offenses?
Before P.D. No. 1612, a fence could only be prosecuted for and held liable as an accessory, as
the term is defined in Article 19 of the Revised Penal Code. The penalty applicable to an
accessory is obviously light under the rules prescribed in Articles 53, 55, and 57 of the Revised
Penal Code, subject to the qualification set forth in Article 60 thereof. Noting, however, the
reports from law enforcement agencies that “there is rampant robbery and thievery of
government and private properties” and that “such robbery and thievery have become
profitable on the part of the lawless elements because of the existence of ready buyers,
commonly known as fence, of stolen properties,” P.D. No. 1612 was enacted to “impose
heavy penalties on persons who profit by the effects of the crimes of robbery and theft.”
Evidently, the accessory in the crimes of robbery and theft could be prosecuted as such under
the Revised Penal Code or under P.D. No. 1612. However, in the latter case, he ceases to be
a mere accessory but becomes a principal in the crime of fencing.
Elsewise stated, the crimes of robbery and theft, on the one hand, and fencing, on the other,
are separate and distinct offenses. The state may thus choose to prosecute him either under
the Revised Penal Code or P.D. No. 1612, although the preference for the latter would seem
inevitable considering that fencing is a malum prohibitum, and P.D. No. 1612 creates a
presumption of fencing and prescribes a higher penalty based on the value of the property.
(Norma Dizon-Pamintuan vs. People, G.R. No. 111426, July 11, 1994)

0917 – 894 53 56
Page 39 of 61
Handout No. 5
CRIMINAL LAW
ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. NO. 3019, AS AMENDED BY R.A. NO. 3047,
P.D. NO. 677, P.D. NO. 1288, B.P. BLG. 195 AND R.A. NO. 10910)
42. What are elements for violation of Section 3(e), RA 3019, as amended?
a. The accused is a public officer discharging official, administrative or judicial functions or

private persons in conspiracy with them;
b. The public officer committed the prohibited act during the performance of his official duty
or in relation to his public position;
c. The public officer acted with manifest partiality, evident bad faith or gross inexcusable
negligence; and
d. His action caused injury to the Government or any private party, or gave unwarranted
benefit, advantage or preference.
43. What are the elements for violation of Section 3(g), RA 3019, as amended?
a. The accused is a public officer;

b. The public officer entered into a contract or transaction on behalf of the government; and
c. Such contract or transaction is grossly and manifestly disadvantageous to the
government, whether or not the public officer profited or will profit thereby.
44. May private persons acting in conspiracy with public officers may be indicted and if found
guilty, be held liable for the pertinent offenses under Section 3 of Republic Act (RA) No.
3019?
Yes. This supports the “policy of the anti-graft law to repress certain acts of public officers
and private persons alike [which constitute] graft or corrupt practices act or which may lead
thereto.” (Granada vs. People, 818 SCRA 381, G.R. No. 184092, G.R. No. 186084, G.R. No.
186272, G.R. No. 186488, G.R. No. 18657 February 22, 2017)

0917 – 894 53 56
Page 40 of 61
Handout No. 5
CRIMINAL LAW
ANTI-HAZING ACT OF 2018 (R.A. NO. 8049, AS AMENDED BY R.A. NO. 11053)
45. Define Hazing.
Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice
made as a prerequisite for admission or a requirement for continuing membership in a
fraternity, sorority, or organization including, but not limited to paddling, whipping, beating,
branding, forced calisthenics, exposure to the weather, forced consumption of any food,
liquor, beverage, drug or other substance, or any other brutal treatment or forced physical
activity which is likely to adversely affect the physical and psychological health of such recruit,
neophyte, applicant, or member. This shall also include any activity, intentionally made or
otherwise, by one person alone or acting with others, that tends to humiliate or embarrass,
degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do
menial, silly, or foolish tasks. Section 2(a), RA 11053
46. What are the prohibited acts under R.A. No. 11053?
All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools,
including citizens' military training and citizens' army training. This prohibition shall likewise
apply to all other fraternities, sororities, and organizations that are not school-based, such as
community-based and other similar fraternities, sororities and organizations: Provided, That
the physical, mental, and practices to determine and enhance the physical, mental, and
psychological fitness of prospective regular members of the AFP and the PNP as approved by
the Secretary of National Defense and National Police Commission, duly recommended by
the Chief of Staff of the AFP and Director General of the PNP, shall not be considered as hazing
purposes of this Act: Provided, further, That the exemption provided herein shall likewise
apply to similar procedures and practices approved by the respective heads of other
uniformed learning institutions as to their prospective members, nor shall this provision apply
to any customary athletic events or other similar contests or competitions or any activity or
conduct that furthers a legal and legitimate objective, subject to prior submission of a medical
clearance or certificate.
"In no case shall hazing be made a requirement for employment in any business or
corporation." Section 3, RA 11053

0917 – 894 53 56
Page 41 of 61
Handout No. 5
CRIMINAL LAW
47. Is the mere presence of a person during the hazing is prima facie evidence of participation
therein?
The presence of any person, even if such person is not a member of the fraternity, sorority,
or organization, during the hazing is prima facie evidence of participation therein as a
principal unless such person or persons prevented the commission of the acts punishable
herein or promptly reported the same to the law enforcement authorities if they can do so
without peril, to their person or their family.
Any person charged under [this] Act shall not be entitled to the mitigating circumstances that
there was no intention to commit so grave a wrong. Section 14, RA 11053
ANTI-MONEY LAUNDERING ACT OF 2001 (R.A. NO. 9160)
48. What is the crime of money laundering?
Money laundering is a crime whereby the proceeds of an unlawful activity are transacted,
thereby making them appear to have originated from legitimate sources. It is committed by
the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or
relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of
any unlawful activity, performs or fails to perform any act as a result of which he facilitates
the offense of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act
to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.
Section 4, RA 9160

0917 – 894 53 56
Page 42 of 61
Handout No. 5
CRIMINAL LAW
49. What covers unlawful activity under R.A. No. 9160?
“Unlawful activity” refers to any act or omission or series or combination thereof involving or
having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended,
otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise
known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the
Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential
Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce
Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries. Section 3(i), RA 9160
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (SECS. 3 AND 4, R.A. NO. 9995)
50. What are the prohibited acts under R.A. No. 9995?
It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of persons performing sexual act or
any similar activity or to capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or female breast without the

0917 – 894 53 56
Page 43 of 61
Handout No. 5
CRIMINAL LAW
consent of the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or

recording of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording
of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or

broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.
Section 4, RA 9995
ANTI-PLUNDER ACT (SECS. 1, 2 AND 6, R.A. NO. 7080, AS AMENDED BY R.A. NO. 7659)
51. What are the elements of the crime of plunde?r
a. That the offender is a public officer, who acts by himself or in connivance with members
of his family, relatives by affinity or consanguinity, business associates, subordinates or
other persons;
b. That he amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt or criminal acts described in Section 1(d) hereof; and
c. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated,
or acquired is at least Fifty Million Pesos (P50,000,000.00). (Sen. Jinggoy Ejercito Estrada
vs. Office of the Ombudsman, et al., G.R. Nos. 212761-62, July 31, 2018)

0917 – 894 53 56
Page 44 of 61
Handout No. 5
CRIMINAL LAW
ANTI-TORTURE ACT OF 2009 (SECS. 3 [A, B], 4 AND 5, R.A. NO. 9745)
52. What constitutes acts of torture
For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or

agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ
or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will
of a person, such as: (i) The administration or drugs to induce confession and/or
reduce mental competency; or (ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and

0917 – 894 53 56
Page 45 of 61
Handout No. 5
CRIMINAL LAW
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent

of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her
will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture. Section 4, RA 9745
53. What constitutes Other Cruel, Inhuman and Degrading Treatment or Punishment?
Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and

aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by
a person in authority or agent of a person in authority against another person in custody,
which attains a level of severity sufficient to cause suffering, gross humiliation or debasement
to the latter. The assessment of the level of severity shall depend on all the circumstances of
the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim. Section 5,
RA 9745

0917 – 894 53 56
Page 46 of 61
Handout No. 5
CRIMINAL LAW
54. Should torture be treated as a separate and independent crime?
Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission thereof. In which
case, torture shall be treated as a separate and independent criminal act whose penalties
shall be imposable without prejudice to any other criminal liability provided for by domestic
and international laws. Section 15, RA 9745
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (SECS. 3 TO 12, R.A. NO. 9208)
55. Define Trafficking in Persons.
Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering,

transportation, transfer, maintaining, harboring, or receipt of persons with or without the
victim’s consent or knowledge, within or across national borders by means of threat, or use
of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
"The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth in the preceding paragraph. Section 3(a), RA 9208, as
amended
56. When is trafficking in persons qualified?
The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of

0917 – 894 53 56
Page 47 of 61
Handout No. 5
CRIMINAL LAW
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary

servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group;
(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person
who exercises authority over the trafficked person or when the offense is committed by
a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member
of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies;
(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
(h) When the offender commits one or more violations of Section 4 over a period of sixty
(60) or more days, whether those days are continuous or not; and
(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking." Section 6, RA 9208, as amended
57. What are the elements of trafficking in persons?
Under Republic Act No. 10364, the elements of trafficking in persons have been expanded to
include the following acts:
1) The act of recruitment, obtaining, hiring, providing, offering, transportation, transfer,

maintaining, harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders;
2) The means used include threat, or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of
the person, or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person;

0917 – 894 53 56
Page 48 of 61
Handout No. 5
CRIMINAL LAW
3) The purpose of trafficking is the exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs. (People v. Nangcas, G.R. No. 218806, June 13, 2018)
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

(SECS. 3, 5 AND 26, R.A. NO. 9262)
58. Define Violence Against Women and Their Children.
"Violence against women and their children" refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman
or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a

sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and mistress/lover to live in the conjugal home
or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical, sexual

0917 – 894 53 56
Page 49 of 61
Handout No. 5
CRIMINAL LAW
or psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use
and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties. Section 3(a), RA 9262
59. Define Battered Woman Syndrome.
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse. Section 3(c), RA 9262
A battered woman has been defined as a woman “who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to coerce her to do something he wants
her to do without concern for her rights. Battered women include wives or women in any
form of intimate relationship with men. Furthermore, in order to be classified as a battered
woman, the couple must go through the battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If it occurs a second time, and she remains
in the situation, she is defined as a battered woman.” (People vs. Marivic Genosa, G.R. No.
135981, January 15, 2004)

0917 – 894 53 56
Page 50 of 61
Handout No. 5
CRIMINAL LAW
60. Does conspiracy apply in violations of R.A. No. 9262?
While the law provides that the offender be related or connected to the victim by marriage,
former marriage, or a sexual or dating relationship, it does not preclude the application of
the principle of conspiracy under the Revised Penal Code (RPC).
VAWC may likewise be committed “against a woman with whom the person has or had a
sexual or dating relationship.” Clearly, the use of the gender-neutral word “person” who has
or had a sexual or dating relationship with the woman encompasses even lesbian
relationships. Moreover, while the law provides that the offender be related or connected to
the victim by marriage, former marriage, or a sexual or dating relationship, it does not
preclude the application of the principle of conspiracy under the Revised Penal Code (RPC).
Thus, in the case of Go-Tan v. Spouses Tan, 567 SCRA 231 (2008), the parents-in-law of Sharica
Mari L. Go-Tan, the victim, were held to be proper respondents in the case filed by the latter
upon the allegation that they and their son (Go-Tan’s husband) had community of design and
purpose in tormenting her by giving her insufficient financial support; harassing and
pressuring her to be ejected from the family home; and in repeatedly abusing her verbally,
emotionally, mentally and physically. (Jesus C. Garcia vs. Hon. Ray Allan T. Drilon, etc., G.R.
No. 179267, June 25, 2013)
ANTI-WIRE TAPPING ACT (SECS. 1 TO 4, R.A. NO. 4200)
61. What are the prohibited acts under the Anti-Wire Tapping Act?
It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-
talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc
record, or any other such record, or copies thereof, of any communication or spoken word
secured either before or after the effective date of this Act in the manner prohibited by this
law; or to replay the same for any other person or persons; or to communicate the contents
thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete
or partial, to any other person: Provided, That the use of such record or any copies thereof as

0917 – 894 53 56
Page 51 of 61
Handout No. 5
CRIMINAL LAW
evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof,
shall not be covered by this prohibition. Section 1, RA 4200
BOUNCING CHECKS LAW (B.P. BLG. 22)
62. What is the gravamen of issuing bouncing checks?
The law punishes the issuance of a bouncing check not as an offense against property, but an
offense against public order. The gravamen of the offense punished by B.P. 22 is the act of
making and issuing a worthless check or a check that is dishonored upon its presentation for
payment. It is not the non-payment of an obligation which the law punishes. The law is not
intended or designed to coerce a debtor to pay his debt. The thrust of the law is to prohibit,
under pain of penal sanctions, the making of worthless checks and putting them in circulation.
Because of its deleterious effects on the public interest, the practice is proscribed by law.
(Medalla v. Laxa, G.R. No. 193362, January 18, 2012)
63. Is the mere act of issuing a worthless check, even if merely as an accommodation, covered
by B.P. 22?
Yes. The agreement surrounding the issuance of dishonored checks is irrelevant to the
prosecution for violation of B.P. 22. The gravamen of the offense punished by B.P. 22 is the
act of making and issuing a worthless check or a check that is dishonored upon its
presentment for payment. (Land Bank of the Phils. v. Jacinto, G.R. No. 154622, August 3,
2010)
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

(R.A. NO. 9165 AS AMENDED BY R.A. NO. 10640)
64. What are the elements for the offense of illegal sale of dangerous drugs?
The elements that must be established to sustain convictions for illegal sale of dangerous
drugs are settled. In People v. Morales, 616 SCRA 223 (2010), this court stated: In actions
involving the illegal sale of dangerous drugs, the following elements must first be established:
(1) proof that the transaction or sale took place and (2) the presentation in court of the corpus

0917 – 894 53 56
Page 52 of 61
Handout No. 5
CRIMINAL LAW
delicti or the illicit drug as evidence. (People vs. Holgado, 732 SCRA 554, G.R. No. 207992
August 11, 2014)
65. What are the elements for the offense of illegal possession of dangerous drugs?
In prosecutions for illegal possession of a dangerous drug, it must be shown that (1) the
accused was in possession of an item or an object identified to be a prohibited or regulated
drug, (2) such possession is not authorized by law, and (3) the accused was freely and
consciously aware of being in possession of the drug. Similarly, in this case, the evidence of
the corpus delicti must be established beyond reasonable doubt. (People vs. Dela Cruz, 737
SCRA 486, G.R. No. 205821 October 1, 2014)
66. What is the corpus delicti in dangerous drugs cases?
In dangerous drugs cases, the corpus delicti is the dangerous drug itself. In illegal sale of
dangerous drugs, it is necessary that the sale transaction actually happened and that “the
[procured] object is properly presented as evidence in court and is shown to be the same
drugs seized from the accused.”
For a plausible conviction under Article II, Section 5 of Republic Act No. 9165 or illegal sale of
prohibited drugs, the prosecution must ascertain the following: (1) the identity of the buyer
and the seller, the object of the sale and its consideration; and (2) the delivery of the thing
sold and the payment therefor. In illegal sale of dangerous drugs, it is necessary that the sale
transaction actually happened and that “the [procured] object is properly presented as
evidence in court and is shown to be the same drugs seized from the accused.” (People vs.
Sagana, 834 SCRA 225, G.R. No. 208471 August 2, 2017; see also People vs. Casacop, 752
SCRA 151, G.R. No. 208685 March 9, 2015)
67. Define Chain of Custody.
“Chain of custody” means the duly recorded authorized movements and custody of seized
drugs or controlled chemicals or plants sources of dangerous drugs or laboratory equipment
at each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to
safekeeping to presentation in court for destruction.

0917 – 894 53 56
Page 53 of 61
Handout No. 5
CRIMINAL LAW
While the definition of chain of custody was not expressly provided for under Republic Act
No. 9165, Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002 defined it
as follows: b. “Chain of custody” means the duly recorded authorized movements and
custody of seized drugs or controlled chemicals or plants sources of dangerous drugs or
laboratory equipment at each stage, from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court for destruction. Such record of
movements and custody of seized item shall include the identity and signature of the person
who held temporary custody of the seized item, the date and time when such transfer of
custody w[as] made in the course of safekeeping and use in court as evidence, and the final
disposition. (People vs. Sagana, 834 SCRA 225, G.R. No. 208471 August 2, 2017)
68. What are the requirements under Section 21 of the Comprehensive Dangerous Drugs Act?
As regards the items seized and subjected to marking, Section 21 (1) of the Comprehensive
Dangerous Drugs Act, as amended, requires the performance of two (2) actions: physical
inventory and photographing. Section 21 (1) is specific as to when and where these actions
must be done. As to when, it must be "immediately after seizure and confiscation." As to
where, it depends on whether the seizure was supported by a search warrant. If a search
warrant was served, the physical inventory and photographing must be done at the exact
same place that the search warrant is served. In case of warrantless seizures, these actions
must be done "at the nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable."
Moreover, Section 21 (1) requires at least three (3) persons to be present during the physical
inventory and photographing. These persons are: first, the accused or the person/s from
whom the items were seized; second, an elected public official; and third, a representative of
the National Prosecution Service. There are, however, alternatives to the first and the third.
As to the first (i.e., the accused or the person/s from whom items were seized), there are two
(2) alternatives: first, his or her representative; and second, his or her counsel. As to the
representative of the National Prosecution Service, a representative of the media may be
present in his or her place. (People vs. Royol, G.R. No. 224297 February 13, 2019; see also
Regalado vs. People, G. R. No. 216632 March 13, 2019)
As amended by Republic Act (RA) No. 10640, Section 21(1) uses the disjunctive “or,” i.e., “with
an elected public official and a representative of the National Prosecution Service (NPS) or
the media.” Thus, a representative from the media and a representative from the National
Prosecution Service are now alternatives to each other.

0917 – 894 53 56
Page 54 of 61
Handout No. 5
CRIMINAL LAW
Section 21(1) was simultaneously relaxed and made more specific by Republic Act No. 10640.
It was relaxed with respect to the persons required to be present during the physical
inventory and photographing of the seized items. Originally under Republic Act No. 9165, the
use of the conjunctive “and” indicated that Section 21 required the presence of all of the
following, in addition to “the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel”: First, a representative from
the media; Second, a representative from the Department of Justice; and Third, any elected
public official. As amended by Republic Act No. 10640, Section 21(1) uses the disjunctive “or,”
i.e., “with an elected public official and a representative of the National Prosecution Service
or the media.” Thus, a representative from the media and a representative from the National
Prosecution Service are now alternatives to each other. (People vs. Que, 853 SCRA 487, G.R.
No. 212994 January 31, 2018; see also Regalado vs. People, G. R. No. 216632 March 13,
2019)
CYBERCRIME PREVENTION ACT OF 2012 (R.A. NO. 10175)
69. Enumerate the Cybercrime Offenses under R.A. No. 10175.
The following acts constitute the offense of cybercrime punishable under RA 10175:
(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without
right.
(2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or

interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data

0917 – 894 53 56
Page 55 of 61
Handout No. 5
CRIMINAL LAW
or program, electronic document, or electronic data message, without right or authority,

including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise

making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily

for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent that it
be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under
this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith
to profit, mislead, destroy reputation, and deprive others from registering the same, if
such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with

the appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting
in inauthentic data with the intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or not the data is directly

readable and intelligible; or

0917 – 894 53 56
Page 56 of 61
Handout No. 5
CRIMINAL LAW
(ii) The act of knowingly using computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent or
dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of

computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no damage has yet
been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial

electronic communication with the use of computer system which seek to advertise, sell,
or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and

reliable way for the recipient to reject receipt of further commercial electronic
messages (opt-out) from the same source;

0917 – 894 53 56
Page 57 of 61
Handout No. 5
CRIMINAL LAW
(bb) The commercial electronic communication does not purposely disguise

the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include

misleading information in any part of the message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future. Section 4, RA 10175
Other Offenses
a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.
b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to

commit any of the offenses enumerated in this Act shall be held liable. Section 5, RA
10175
70. Does R.A. No. 10175 provide for a mode of committing a crime?
Yes. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the Revised Penal
Code, as amended, and special laws, as the case may be. Section 6, RA 10175
NEW ANTI-CARNAPPING ACT OF 2016 (SECS. 3 TO 4, R.A. NO. 10883)
71. Define Carnapping.
Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without
the latter’s consent, or by means of violence against or intimidation of persons, or by using
force upon things.

0917 – 894 53 56
Page 58 of 61
Handout No. 5
CRIMINAL LAW
Any person who is found guilty of carnapping shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1)
day but not more than thirty (30) years, when the carnapping is committed without violence
against or intimidation of persons, or force upon things; and by imprisonment for not less
than thirty (30) years and one (1) day but not more than forty (40) years, when the carnapping
is committed by means of violence against or intimidation of persons, or force upon things;
and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant
of the carnapped motor vehicle is killed or raped in the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed by
criminal groups, gangs or syndicates or by means of violence or intimidation of any person or
persons or forced upon things; or when the owner, driver, passenger or occupant of the
carnapped vehicle is killed or raped in the course of the carnapping shall be denied bail when
the evidence of guilt is strong. Section 3, RA 10883
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION,

AND DISCRIMINATION ACT (SECS. 3(A), 5 AND 10, R.A. NO. 7610)
72. What is the definition of “children” under R.A. No. 7610?
"Children" refers to person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or condition. Section 3(a), RA 7610
73. How is Child Prostitution and Other Sexual Abuse committed under R.A. No. 7610?
Children, whether male or female, who for money, profit, or any other consideration or due
to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other sexual
abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:

0917 – 894 53 56
Page 59 of 61
Handout No. 5
CRIMINAL LAW
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment. Section
5, RA 7610
74. Is every instance of the laying of hands on a child constitutes the crime of child abuse under
Section 10 (a) of Republic Act No. 7610?
No. Only when the laying of hands is shown beyond reasonable doubt to be intended by the
accused to debase, degrade or demean the intrinsic worth and dignity of the child as a human
being should it be punished as child abuse. Otherwise, it is punished under the Revised Penal
Code.
In one case, it was ruled that: the laying of hands on the victim was done at the spur of the
moment and in anger, indicative of his being then overwhelmed by his fatherly concern for
the personal safety of his own minor daughters who had just suffered harm at the hands of
the victim. With the loss of his self-control, he lacked that specific intent to debase, degrade

0917 – 894 53 56
Page 60 of 61
Handout No. 5
CRIMINAL LAW
or demean the intrinsic worth and dignity of a child as a human being that was so essential in
the crime of child abuse. (Bongalon v. People, G.R. No. 169533, March 20, 2013)
SWINDLING BY SYNDICATE (P.D. NO. 1689)
75. Define syndicated estafa.
Any person or persons who shall commit estafa or other forms of swindling as defined in
Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life
imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five
or more persons formed with the intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and the defraudation results in the misappropriation of
money contributed by stockholders, or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by corporations/associations from the
general public. Section 1, PD No. 1689

0917 – 894 53 56
Page 61 of 61

2022 Preweek Ho 5 - Criminal Law

Uploaded by

Copyright:

Available Formats

2022 Preweek Ho 5 - Criminal Law

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2022 Preweek Ho 5 - Criminal Law

Uploaded by

Copyright:

Available Formats

2022 BAR REVIEW Pre-Week

PRINCIPLES OF CRIMINAL LAW

2. What are the characteristics of Criminal Law?

Legal Edge Bar Review 0942 – 949 91 76

i. Should commit an offense while on a Philippine ship or airship;

Exceptions to the exception:

Legal Edge Bar Review 0942 – 949 91 76

4. What are the effects of a repeal of a penal law?

CRIMINAL LIABILITIES AND FELONIES

5. What are light felonies?

Legal Edge Bar Review 0942 – 949 91 76

7. Does error in personae diminish the culpability of the malefactor?

Legal Edge Bar Review 0942 – 949 91 76

8. What is praeter intentionem and what are its implications?

9. When does mistake of fact apply?

Legal Edge Bar Review 0942 – 949 91 76

10. What are the requisites for an impossible crime to be committed?

11. What are the stages of execution of a crime?

i. The offender performs all the acts of execution;

Legal Edge Bar Review 0942 – 949 91 76

The primary considerations in adjudging whether a series of criminal acts should be

Legal Edge Bar Review 0942 – 949 91 76

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

15. What are the circumstances affecting criminal liability?

Legal Edge Bar Review 0942 – 949 91 76

Battered Woman Syndrome is a justifying circumstance under R.A. No. 9262.

Legal Edge Bar Review 0942 – 949 91 76

a. Incomplete justifying circumstances

a. That advantage be taken by the offender of his public position.

Legal Edge Bar Review 0942 – 949 91 76

Legal Edge Bar Review 0942 – 949 91 76

PERSONS LIABLE AND DEGREE OF PARTICIPATION

21. Who are the persons liable for a crime?

22. What is the nature of conspiracy, and how should it be appreciated?

Legal Edge Bar Review 0942 – 949 91 76

23. What are the requisites of recidivism?

a. That the offender is on trial for an offense;

24. Distinguish recidivism from reiteracion.

Legal Edge Bar Review 0942 – 949 91 76

Reiteracion is not always an aggravating circumstance; whereas, recidivism is always to be

25. What is quasi-recidivism?

26. What are the requisites of habitual delinquency?

Legal Edge Bar Review 0942 – 949 91 76

27. Distinguish habitual delinquency from recidivism.

Legal Edge Bar Review 0942 – 949 91 76

29. When is the Indeterminate Sentence Law not applicable?

a. Persons convicted of offenses punished with death penalty or life imprisonment.

b. Those convicted of treason, conspiracy, or proposal to commit treason.

Legal Edge Bar Review 0942 – 949 91 76

EXECUTION AND SERVICE OF SENTENCE

30. What is the three-fold rule?

31. When is the benefit of probation not available?

32. What is the minimum age of criminal responsibility? How is it determined?

Legal Edge Bar Review 0942 – 949 91 76

Legal Edge Bar Review 0942 – 949 91 76

As a consequence, all prisoners regardless of whether already serving his/her sentence or

The decision was in connection with the following consolidated cases:

34. What does Article 88-a of the RPC provide?

Legal Edge Bar Review 0942 – 949 91 76

EXTINCTION OF CRIMINAL LIABILITY