Crim Comparison of Articles Table1

8/10/2019 Crim Comparison of Articles Table1

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CRIMINAL LAW II ATTY. VALLENTE

Jen Laygo 1

COMPARISON OF ARTICLES

TABLE 1ARBITRARY DETENTION [124] DELAY IN DELIVERY [125] DELAYING RELEASE [126]

Crime against fundamental laws of thestate

Elements:1. PO/E2. Detains a person3. W/o legal ground

No crime/suspicion or noailment requiring compulsoryconfinement.

Invalid arrest w/o warrantIllegal from the BeginningMay be committed by imprudenceIllegal detention if by private individualPenalty depends on period of detention


Elements:1. PO/E2. Detains for some legal ground3. Fails to deliver to proper judicial

authoritiesFiling of proper complaint

Valid arrest w/o warrantLegal in the BeginningIllegal detention if by private individualMay be waived by person arrestedPenalty of offender depends on periodof delay; different periods set for light,correctional or afflictive crimescommitted by person arrested.


Elements:1. PO/E2. There is an order /proceeding for

release of prisoner3. Offender delays service of notice,

performance of order or petitionfor release w/o good reason

Wardens and jailers are likely to violatePenalty is the same for ArbitraryDetention but depends on duration ofdelay

TABLE 2TREASON [114] ESPIONAGE [117] REBELLION OR

INSURRECTION [134]COPU DETAT

[134-A]SEDITION [139]

Crime againstnational securityCommitted in time ofWARCommitted by levyingwar or adherence toenemies, giving aidor comfortPurpose is to deliverwhole or part of Phils.to the enemyRequires either 2witnesses orconfession in opencourtCan be committed byFil citizens outsidecountry and residentaliens

A Continuing crimeNo treason throughnegligence

Absorbs commoncrimes

Crime againstnational securityCommitted byentering w/o authoritya warship, etc. OR bypublic officerdisclosingconfidential info torepresentative offoreign countryInformation must beconfidential, relativeto national defense ofthe Philippines.Crime notconditioned oncitizenshipCommitted both intime of war andpeaceCommitted in manyways [CA 616]

Crime against publicorderCommitted in war orpeaceRequires publicuprising and takingup armsPurpose is to removeallegiance or deprivePres/Congress ofpower/prerogatives

Aim is either tocompletely overthrowgovt or effect minorchange or preventexercise of govtalauthority.[Insurrection]Purpose is politicalMere giving of aid &comfort is notcriminal, must be w/public uprising andtaking up arms.

Absorbs commoncrimesContinuing crime[yes, it may be donewhile in the cr.]1

stform of Direct

assault if no publicuprising

Crime against publicorderCommitted bymilitary, police orPO/ESwift attack withviolence, threats,intimidation, strategyor stealthPurpose is to seize ordiminish state powerMay be done w/ orw/o civil participation

Attack is directedagainst authorities orcertain facilitiesneeded for exerciseand possession ofgovt power

Crime against publicorderOffenders risepublicly andtumultuously [morethan 3 men armed orprovided w/ means ofviolence]Employs force,intimidation orunlawful meansPurpose is to attainany of 5 objects ofseditionPurpose may bepolitical or socialDistinct frominsurrection, object ofsedition are morespecific whileinsurrection seekschange of a generalscope.Essentially involves

raising commotionsor disturbancesagainst the state1

stform of Direct

assault if no publicuprising


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TABLE 3ILLEGAL ASSEMBLIES [146] ILLEGAL ASSOCIATIONS [147]

Crime against public order2 types:1. Meeting attended by armed persons to commit crimes

under RPC2. Audience [armed or not] is incited to commit treason,

rebellion, sedition or direct assaultCompared to Inciting to Rebellion or Inciting to SeditionIllegal assembly: organizers/leaders & merely present w/common intent to commit illegal assembly are liableInciting to rebellion/sedition: only those who shall inciteothers are liable

There must be ACTUAL meeting; it is the meeting andattendance at such meeting is punished

Crime against public order2 types:1. Association organized for purpose of committing any

crime punished in RPC2. Assn organized for purpose contrary to public morals.

Founders, directors, president and mere members are liableSubversion Compared to RebellionSubversion: punishes affiliation or membership in anysubversive organization. Taking up arms is but acircumstance that raises the penalty.Rebellion: by rising publicly & taking up arms

No need for actual meeting, what is punished is the act offorming or organizing and membership in the association.

TABLE 4DIRECT ASSAULTS [148] INDIRECT ASSAULTS [149 RESISTANCE & DISOBEDIENCE TO A

PERSON IN AUTHORITY OR AGENT [151]

Crime against public orderMay be committed in 2 ways:1. W/o public uprising, w/ force or

intimidation, for purposes ofrebellion and sedition

2. W/o public uprising, by

[a]attacking, [b]employing force or[c]seriously intimidating or[d]seriously resisting any personin authority or his agents inperformance or on occasion ofperformance of official duty.

Always complexed w/ materialconsequences [DA w/ murder]Force: need not be serious for PIA butmust be serious for agent.Intimidation/Resistance: must beserious for both PIA and Agent.Circumstances qualifying: weapon,offender is a PO/E, laying of handsCannot be committed during rebellion

Absorbs light felonies [slight physicalinjury]

Crime against public orderHappens only when DA is committedagainst a PIA or his agent and a personcomes to his aid then offender usesforce or intimidation upon personcoming to aid.

Only applies when direct assault isupon an AGENT. If DA is upon PIA,person aiding becomes an agent andoffender is liable for DA upon agentalso. [Ex of Indirect Assault: privateindividual coming to the rescue of apoliceman being attacked]

Crime against public order2 types:1. Resistance and serious

disobedience to person inauthority or agent while inperformance of official duties

2. Disobedience to an AGENT notof a serious nature

Take note, resistance doesnt have tobe serious.Can be committed against PIA/Agent inactual performance of duties onlyIf resistance is serious, may fall underDA under [d] of 2

ndform.

Use of force against an agent is not soserious; no manifest intention to defythe law and the officers enforcing it.If there is no use of force in resisting aPIA, this falls under 1

stparagraph of

Art. 151 because resistance is notserious, therefore it wont fall under DA.


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TABLE 5

PEACEFULMEETINGS [131]

RELIGIOUSWORSHIP [132]

RELIGIOUSFEELINGS [133]

TUMULTS & PUBLICDISORDER [153]

ALARMS ANDSCANDALS [155]

Crimes againstfundamental lawBy public officerswho are outsiders3 acts:1. Prohibit/ interrupt/

dissolve peacefulmtg.

2. Hinder frm joining3. Prohibit/hinder

from addressing153 if committed byprivate individual

Crimes againstfundamental lawBy public officers,outsidersReligiousceremony/manifestation ofany religion isprevented ordisturbedQualifyingcircumstance:threats or violence131 if not religiousceremony

Crimes againstfundamental lawBy public officers,private persons,outsiders

Acts arenotoriouslyoffensive to thefeelings of thefaithful, done inplace of worshipor duringceremony.Unjust vexation ifnot notoriouslyoffensive

Crime v. public orderInterrupt/disturbing publicperformances, fxns /peaceful mtgs

Act should not be includedin 131/32, meaningcommitted by Publicofficer/PO whos aparticipantPunishes making any outcrytending to incite rebellion/sedition in publicCompared to inciting: outcryis an unconscious outburstnot intentionally calculatedto incite others

Crime against publicorderPunishes causingany disturbance orscandal in publicplaces whileintoxicated orotherwise, provideddisturbance doesntfall under 153If public disorder of aserious nature iscaused, liable for Art,153. If disorder is notof a serious nature,155 par. 4.

TABLE 6

BETRAYAL OF TRUST BY ANATTORNEY OR SOLICITOR

REVELATION OF SECRETS [209]

REVELATION OF SECRETS BY ANOFFICER [229]

PUBLIC OFFICER REVEALINGSECRETS OF PRIVATE INDIVIDUAL

[230]

Can be committed by an attorney at law(or solicitor)3 Acts punished1. Causing damage to his client, either

by malicious breach of professionalduty, or by inexcusable negligence orignorance

2. By revealing any of the secrets of hisclient learned by him in hisprofessional capacitydamage isnot necessary

3. By undertaking the defense of theopposing party in same case, w/oconsent of his 1

stclientmust be

done after having undertakendefense or received confidentialinformation from 1

stclient.

Offender is a public officerActs punished:1. By revealing any secrets known to

offending PO by reason of his officialcapacitydamage to public interestmust be caused, secrets must affectpublic interest

2. By delivering wrongfully papers orcopies of papers of which he mayhave charge and which should not bepublished.

In 1stform, secrets of private individuals

are NOT includedExample: prior information/leakage onraids of drug laboratories.Compared to Art. 226 on infidelity incustody of docs or papers by removingthe same: if papers contain secrets andshould not be published, 229 applies. Ifpapers do not contain secrets, theirremoval for an illicit purpose is under226.

Offender is a public officer who knowssecrets of aprivate individualby reasonof his office.He then reveals such secrets w/oauthority.Example: drug dependent whoseconviction is revealed by court clerk.

Damage to private individual is notnecessary, act punished is therevelation to even 1 person.If offender is attorney-at-law, 209applies.Compared to 229, the secrets involvedhere are those of a private individualand has no effect on public interest.


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TABLE 7DIRECT BRIBERY [210] INDIRECT BRIBERY [211] QUALIFIED BRIBERY

[211-A]CORRUPTION OF PUBLIC

OFFICIALS [212]

Crime committed by publicofficers

Acts punished:1. Agreeing to perform an

act constituting a crime,for a consideration

2. Accepting a gift to commitan act not constituting acrime

3. Agreeing to refrain fromdoing official duty, for aconsideration

Applies to PO, assessors,arbitrators, appraisal&claimcommissioners, expertsGift must have pecuniaryvalue bec. fine is based onvalue of the gift.


Applies to gifts given inanticipation of future favorsPunishes PO who acceptsgifts offered him by reasonof officeIn DB, there is agreementbetween PO and giver, andhe agrees to perform an act.In IB, agreement is notneeded, mere acceptanceof gift is punished, no needfor promise to actually doact.In 2

ndform of bribery, the

act may not be a crime but itshould still be unjust. In IB,

the act doesnt have to beunjust [ex. Preparing avoucher- Ppl. v. Pamplona]


Applies to POs entrustedwith law enforcement whorefrains from arresting/prosecuting an offender whocommitted crime punishableby RP-Death, for aconsiderationPenalty is penalty of offensenot prosecuted: RP-DeathIf PO asks/demands suchconsideration - death.

Applies only to lawenforcers with duty ofarresting or prosecuting anoffender.


Applies to person offering orgiving gift/present

Applies only whencircumstances will makepublic officer liable for director indirect bribery.Punishes person who gavethe gift, even if he did bec.was demanded by the POand was not givenvoluntarily.Penalty is the same as thatimposed on officercorrupted.

TABLE 8MALVERSATION [217] ILLEGAL USE OF PUBLIC FUNDS [220]

By any PO who by reason of his office, is accountable forpublic fund/propyIn certain cases, there is personal gain [except in permittingother so take funds by reason of negligence]Funds are for personal use or benefit / benefit or use ofanother personPenalty is based on amount malversed.

Applies to public officers defined in Art. 203If w/o authority to receive funds: ESTAFA

If only qualified charge of funds: THEFTCan apply to private individuals or even private property.

By any accountable PONo personal gain or profitFunds are appropriated by law or ordinanceFunds are applied to another public use other than where itwas appropriatedPenalty is based on result of damage or embarrassment

TABLE 9PARRICIDE [246] MURDER [248] HOMICIDE [[249] INFANTICIDE [255]

Victim is a father [legit orillegit], mother [legit orillegit], child [legit or illegit],any ascendant/ descendant,or spouse.

Applies to relatives by bloodand direct line, not to

adoptedChild must not be less than3 days oldMay be committed throughreckless imprudence orsimple imprudence/negligenceeven parricideby mistake.

Circumstances:1. Treachery, Superior

Strength, Armed Men,Weaken defense,Impunity

2. Price, reward, promise3. By means of calamities

enumerated4. On occasion of calamitiesor earthquake, etc.

5. Evident premeditation6. Cruelty, augmenting

suffering,outraging/scoffing atperson or corpse.

Unlawful killing not murder,parricide or infanticide.

Accused killed victim w/ojustifying circumstanceIntent to kill is immaterial,only important for attemptedor frustrated homicide.

Penalty is 1 degree higher[RP] if victim is under 12.Accidental homicideNo Attempted/Frustratedhomicide throughimprudence.

Killing of child under 3 daysof ageSame penalty for murder orparricide, except ifcommitted by mother ofchild to conceal dishonor,[PM med-max] or by

maternal grandparents toconceal dishonor [RT]Delinquent mom must be ofgood rep.Stranger who cooperates w/mom in killing is liable underinfanticide, but samepenalty as murder.


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TABLE 10INTENTIONAL

ABORTION [256]UNINTENTIONAL ABORTION

[257]ABORTION BY WOMAN OR

HER PARENTS [258]ABORTION BY PHYSICIAN

& DISPENSING OFABORTIVES [259]

3 ways:1. Use violence upon

pregnant woman2. W/o violence, and act

w/o consent of woman3. With consent of

womanAbortion was intended#3 applies if no violencebut with consent.Infanticide is committed ifthe foetus could sustainan independent lifeoutside womb and it iskilled.

Cause violence upon womanwhich results in abortion,although unintentionally.May be committed only byviolence or actual physicalforce, not threats.Unintentional abortion throughimprudence.But accused must have knownwoman was pregnant.Complex crime of homicide w/unintentional abortion, orparricide with abortion.If there is no intention to causeabortion and there was noviolence, no abortion iscommitted.

3 ways:1. Woman who does

abortion herself2. Woman who consents to

another person doingabortion on her- Other person is liableunder 256

3. Any of her parents, withher consent, doesabortion to conceal herdishonor

Liability of woman ismitigated if purpose is toconceal her dishonorNo mitigation for parents

Persons liable:1. By physician or midwife

who takes advantage ofscientific knowledge/skilland causes, assists incausing abortion

2. By pharmacist who, w/oproper prescription from aphysician, shall dispenseany abortive

Not necessary that thepharmacist knew theabortive was going to beused for abortion.If pharmacist knew, hewould be an accomplice tocrime of abortion.

TABLE 11MUTILATION

[262]SERIOUS PHYSICAL

INJURIES [263]ADMINISTERING

INJURIOUSSUBSTANCE OR

BEVERAGES [264]

LESS SERIOUSPHYSICAL

INJURIES [265]

SLIGHT PHYSICALINJURIES [266]

Lopping or clippingoff of some part ofthe body2 kinds:1. Intentionally

mutilating someessential organfor reproduction

2. Mutilation of anypart of the bodyother thanessential organfor reproduction

1stkind must have

intention to castrateMayhem falls under2

ndkind

1 degree higherwhen done tovictim under 12.There must beintention to depriveoffended party of apart of his body

Committed by1. Wounding,2. Beating,3. Assaulting,4. Administering any

injurious substanceActs:1. Insane, imbecile,

impotent, blind2. Speech, hear, smell, an

eye, hand, foot, arm orleg; loses use of anysuch member;incapacitated for workhabitually engaged in

3. Deformed, loses anyother member of hisbody, loses use of suchmember, incapacity forwork for more than 90days

4. Ill or incapacitated forlabor more than 30 days

Must be no intent to kill,otherwise A/F murder,parricide or homicide.

Offender inflictedserious physicalinjury upon anotherKnowinglyadministeredinjurious substance/beverage or tookadvantage of his

weakness of mind orcredulityNo intent to killFrustrated murderwhen there is intentto killSubstance must beintroduced into thebody

Applies only to whenphysical injuriesresult in seriousphysical injuries.

Offended party isincapacitated forlabor or needsmedicalattendance for 10days30 daysPhysical injuriesmust not be under

preceding articlesQualified by1. Intent to insult

or offend,2. Ignominy,3. Victim is a

parent,ascendant,guardian,curator orteacher, or

4. When victim isa person of rankor person inauthority,provided crimeis not DA.

3 acts:1. Incapacitate victim

for labor or requiremedical attendancefrom 1-9 days

2. Injuries do notprevent victim fromengaging in

habitual work norrequire medicalattendance

3. Offender shall ill-treat another bydeed, w/o causinginjury.

Some hours after 9days do not amount to10 days.Slight physical injurieswhen no evidence ofactual injury.Supervening eventconverting one crimeto another may besubject of a newchargeno double

jeopardy.


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TABLE 12

KIDNAPPING & SERIOUSILLEGAL DETENTION

[267]

SLIGHT ILLEGALDETENTION [268]

KIDNAPPING &FAILURE TO

RETURN A MINOR

[270]

INDUCING A MINOR TOABANDON HIS HOME

[271]

SLAVERY [272]

Kidnap or detain anotheror in any other mannerdeprive him of his liberty:1. Lasted more than 3

days2. Simulating Public

Authority3. Serious Physical

Injuries or threats to killhim

4. If the person kidnappedor detained shall be aminor, female or a

public officer.Qualified if committed forransom or when victim iskilled, raped, torturedIf kidnapping is forransom, 4 instances neednot be present.

Kidnap or detainanother or in anymanner deprivehim of his liberty,Withoutattendance of anyof the 4circumstancesenumerated in267Same Penalty forperson whofurnished the

place forperpetration ofthe crime.Mitigated byvoluntary release

Entrusted withcustody of aminor [less than21], shalldeliberately fail torestore the latterto his parents orguardians.What is punishedis not kidnappingbut failure torestore the minorto his parents or

guardian

Induce a minor toabandon the home ofhis parents or guardianor the personsentrusted with hiscustody.If offender in Art. 270 &1

stpar. of 271is a father

or mother [when theyare living separately],offense is qualifiedInducement must be

ACTUAL, with

CRIMINAL INTENT anddetermined by a WILLTO CAUSE DAMAGEConsummated by mereinducement, no needfor minor to actuallyabandon home.

Shall Purchase, Sell,Kidnap or Detain aHuman Being for thepurpose of enslavinghimCrime is committedfor purpose of someImmoral Trafficpenalty imposed inMAX periodIf service was w/oremuneration andobliged to stay until

she pays her debt,there is slavery.ifnot householdservant or farmlaborer under article274.

TABLE 13

SLAVERY [272] EXPLOITATION OF CHILD LABOR

[273]

SERVICES FOR PAYMENT OF DEBT

[274]If service was w/o remuneration andobliged to stay until she pays her debt,there is slavery.if not householdservant or farm laborer under article274.

Under the pretext of reimbursinghimself for the debt incurred by an

Ascendant, Guardian or Personentrusted w/ custody of a minor, Shall

AGAINST THE LATTERS WILL, retainhim in his service.Debt was incurred by some otherperson, not by the minor himself.

In order to require or enforce thepayment of a debt, Shall Compel thedebtor to work for him, against his will,as household servant or farm laborer.


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TABLE 14

ABANDONMENT OFPERSONS IN DANGER ORONES OWN VICTIM [275]

ABANDONING A MINOR[276]

ABANDONMENT OF MINORBY PERSON ENTRUSTED

W/ CUSTODY [277]

EXPLOITATION OF MINORS[278]

3r

Act punished:Having found an abandonedchild under 7, shall fail todeliver the child to theauthorities or his family, orshall fail to take him to asafe place.

Offender doesnt need toknow that the child isunder 7 years old.

Place where child wasfound should be unsafe

Who Shall Abandon a childunder 7 years of age, thecustody of which isincumbent upon him.Qualifying Circumstance:

1. Death of Minorresults fromabandonment

2. Life EndangeredCustody of offender isstated in general, minor isunder 7, abandoned in away as to deprive him ofcare and protection histender years need.

1stform:Having charge of rearingor education of a minor,shall deliver minor to apublic institution or otherpersons, w/o consent ofthe 1 who entrusted suchchild to his care or, w/oconsent of the properauthorities.

Custody is specific torearing or education ofminor, minor is under 21,minor is delivered to publicinstitution or other person.

Acts punished:1. Cause minor under 16 to

perform dangerous feat2. Employ children under 16

not his children ordescendants inexhibitions

3. Employ descendant under12 in exhibitions

4. Person entrusted withcare of child under 16who delivers childgratuitously to person ofany of the callings or tohabitual vagrant/beggar.

5. Induce any child under 16

to abandon home ofascendants, etc. to followperson of any of thecallings or accompanyhabitual vagrant orbeggar.

TABLE 15QUALIFIED TRESPASS TO DWELLING [280] OTHER FORMS OF TRESPASS [281]

Offender is a private personEnters dwelling of anotherDwelling is inhabited, even if residents are temporarily notthere

Act constituting crime is entering against the owners will

There must be opposition, must exist at time of entranceor prior to. But prohibition is not necessary when violence orintimidation is employed. Prohibition to enter is express orimplied.

Qualified when violence or intimidation is used. May takeplace immediately after entrance.Violation of domicile if committed by PO.Whether building or dwelling depends on the useLack of permission not equal to prohibition

By ANY personEntrance to closed premises or the fenced estate of anotherEntrance is made while uninhabitedProhibition to enter is manifest

Act constituting crime is entering premises w/o permission of

the owner or caretaker


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TABLE 16GRAVE THREATS [282] LIGHT THREATS [283] OTHER LIGHT THREATS [285]

3 acts punishable:1. Threaten another w/ any wrong

amounting to a crime and demandingmoney or imposing any condition[even though not unlawful], offenderattained purpose

2. Making threat amounting to a crime,w/o attaining purpose

3. Threat amounting to a crime is madenot subject to a conditionbut mustbe serious & deliberate

Under 282, threat must always amountto a CRIMECircumstance qualifying offense: threatin writing or through middleman3

rdform of threat should not be made in

heat of anger, otherwise it falls under258 [2]

Threat to commit a wrong NOT aCRIME but subject to a condition orwith a demand for money.Blackmailing may be light threats.

3 acts punished1. Threaten another w/ a weapon or

draw such while in a quarrel,unless in lawful self-defense

2. Orally threatening another in theheat of anger, with some harmconstituting a crime, w/o persistingin the idea involved in the threat.

3. Orally threatening to do anotherany harm not constituting a felony.

2nd

form of OLT is similar to 3rd

form ofGT because wrong is a crime.To be under 285, threat should bein heat of anger and subsequent actsshow he did not persist in the idea.

3rd

form of OLT is similar to LT becauseharm is not a crime.In OLT, theres no demand formoney / condition imposed or that the

threat is not deliberate.

TABLE 17GRAVE COERCION [286] LIGHT COERCION [287] OTHER SIMILAR

COERCIONS [288]COERCION OF CAPITAL &

LABOR [289]

2 acts:1. Prevent another by

Violence, Threats orIntimidation from doingsomething notprohibited by law

2. Compel another bymeans of violence,

threats or intimidationto do something againsthis will, be it right orwrong.

2 acts should be done w/oauthority of lawQualified if right of suffrageor religious act is involved.In preventing, if violence isexerted only after victimdoes what he wasprevented from doing, itsUNJUST VEXATION.

Applies only to debtor-creditor relationshipBy means of violence shallseize anything belonging tohis debtor as payment fordebt. [violence or graveintimidation]

Any other coercion or Unjust

vexationIn taking possession ofdebtors property, theremust be violence. If deceit &misrepresentation wereused, its Unjust Vexation.No violence or intimidationin Unjust Vexation.

2 acts:1. Forcing or compelling

any laborer oremployee to purchasemerchandise orcommodities from him

2. Paying wages bymeans of tokens or

objects other than legaltender currency [unlessexpressly requested]

1stact can be done by any

person, agent or officer ofassocn/ corp.Forcing employee to give uppart of his wages is notpunished by 288, itspunished by the Labor Code

That the offender employsviolence or threats as tocompel or force laborers oremployers in free and legalexercise of their work, forthe purpose of organizing,maintaining or preventingcoalitions of capital or labor,

strike of laborers or lockoutof employers.

Act should not constitute amore serious offense.Preventing employee from

joining labor org is punishedin Labor Code, not RPC.


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TABLE 18DISCOVERING SECRETS THROUGHSEIZURE OF CORRESPONDENCE

[290]

PUBLIC OFFICER REVEALINGSECRETS OF PRIVATE

INDIVIDUAL [230]

REVEALINGSECRETS WITH

ABUSE OF OFFICE[291]

REVELATION OFINDUSTRIAL SECRETS

[292]

Offender is a private individual/ PO notin exercise of official functionSeizes papers or letter of another forthe purpose of discovering the secretsof another. Offender must be informedof the contents of the papers or lettersseized.Whether or not contents are revealedto another, act is still punished.There must be intent/desire to discoversecrets of another.It is not necessary that there be anactual secret, and if there is a secretdiscovered, offender can be liableeven if he did not reveal it to another.Compared to 230: PO comes to know

of secrets of any private individual byreason of his office. In 230, it is notnecessary that secrets are containedin letters or papers. Also it isnecessary that the secret be revealed.

Offender is a public officer whoknows secrets of aprivateindividualby reason of hisoffice.He then reveals such secretsw/o authority.Example: drug dependentwhose conviction is revealed bycourt clerk.Damage to private individual isnot necessary, act punished isthe revelation to even 1 person.If offender is attorney-at-law,209 applies.Compared to 290, secrets heredont have to be in letter or

papers. The PO also discoverssecrets by reason of his office.In 290, it is necessary thatsecret be revealed.

Committed bymanager,employee,servantWho in suchcapacity shalllearn the secretsof his principal ormaster, even ifvoluntarilycommunicated byemployerIt is necessarythat secrets berevealed, butdamage is not

necessary.

Person in charge,employee, workman ofany manufacturing orindustrial establishmentWho to the prejudice ofthe owner thereof,reveals secrets of theindustry of such owner.Secrets must relate tomanufacturing processinvented by or for amanufacturer.If process is generallyused, its not a secret.If offender used secretfor his own benefit w/o

revealing it to others, heis not liable.DAMAGE/PREJUDICEis necessary.

Crim Comparison of Articles Table1

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