Crim Law by Salva

8/19/2019 Crim Law by Salva

1/22

Quick Pointers in CriminalLaw

(Book 2(Complete))Notes from Lecture of Fiscal Salva (Ret.)

Former Chief Prosecutor, City of Manila

JURISTS BAR REVIEW CENTER

August 14,

2015

Treason

• Continuing

crime• TWO WITNESS RULE – Only crime requiring two credible

the same overt act as way of proving because war time time”.

Conspiracy & Proposal to CommitTreason

• Conspiracy need not be accepted in proposal to commit treasin

Misprision of Treason

• A crime of ommission

• May only

be

committed

by

a Filipino

citizen

(note

that

texpressly identified in the provision of the law).

• What must be reported is only conspiracy. If crime is coalready, there can not be misprision if unreported.


2/22

Piracy under PD 522

• Stowaways may commit piracy undern PD 522, for the purpose of which he is a stranger, unless he is invited by the captain.

Act of Terrorism (RA 9372)

• Sec. 49 – acquittal or conviction under RA 9372 bars procrimes enumerated under Sec. 3 defining “acts of terrorwhich piracy is included.

Kinds of Arbitrary Detention

• See Art. 124 – 125 – 126 of RPC

Delay in Delivery of Detained Per(Art. 125)

• Applies only to warrantless arrest


3/22

Delaying Release (Art. 126)

• Process server may be held liable

Remedy to Delayed Realease

• The speediest remedy is writ of habeas corpus

Expulsion (Art 127) vs Grave Coercion(Art. 286)

• If without lawful authority, then there may be grave coercion.

• Note

that

expulsion

may

only

be

committed

by

public

officer

or

piublic employee.

Violation of Domicile (Art. 128)

• There must either be express or implied prohibition.

• If

entrance

is

through

a

window,

there

is

prohibition

as

not meant to be a means of entry.

• If entry is allowed, does not mean “search is included” i

• If policeman leaves but returns, there may be unjust vex


4/22

Search Warrant Maliciously Obtained(Art. 129)• May also be liable for perjury as to obtain a search warrant, police

officer needs

to

execute

an

affidavit.

• ABUSE IN THE SERVICE ‐If valid, policeman must not use unreasonable or excessive force. He may be charged with some other crime, if he serves the warrant with unreasonable or excessive force.

• If nightime or failure to return seized things not covered by warrant, the violation of domicile becmes qualified.

Dangerous Drug Act Of 2002

• “PLANTING OF EVIDENCE” ‐ may be committed by “any only

police

officer,

under

Sec

29

of

RA

9165.

• NOTE: Sec. 25 on Liability of Public Officer for Misapprowas asked in the bar exam – life imprisonment to death

JOKE TIME

• Fiscal Salva: “When I lecture to police men, I ask them why does their curriculum include Agriculture? Planting of evidence, that’s Agriculture.

Tawa

mga

pulis!”

• (OVERHEARD) Police man in the audience: “Hindi lang dapat Agriculture, Janitorial Services din! Pag‐lilinis ng ebidensiya!”

• Fiscal Salva: “Ang korapsyon talaga, kahit saan…”

• PRIVATE JOKE from Stella Agustin: “Ah, kaya pala yung kakilala ko naka‐iPhone!”

Interruption of Religious Worship

• Covers traditions religious worship

• If

not,

may

be

covered

by

Art

131

“Prohibition

of

Peacef


5/22

Offending Religious Feelings

• Committing an offending act in a “place devoted to religious worship”

• There need not be worship at the time of commission

• Must be related to “religious ceremony”

• If not offending religious feeling, may be unjust vexation.

Crimes Against Public Order (Title

• REBELLION ‐ “Rising publicly and taking arms against theGovernment”

May

be

rephrased

to

“public

armed

upris

purpose answering in the bar exam.

• No mention of Judiciary, only Chief Executive or LegislatBut may be liable for Sedition under Art 139.

• SC: “Common crimes committed in furtherance of rebeabsorbed.” (PURPOSE TEST: political motivation)

• Rape can

not

be

absorbed

as

it

may

not

be

committed

i

of a political motivation

Rebellion (Art 134)

• Rebellion may absorb murder if government recognizes that the accused is a member of “Sparrow” or liquidation unit of the New

People’s Army.

• The court may take judicial notice and dIsmiss charge of murder without prejudice to filing of rebellion

Inciting to Rebellion (Art 138)

• Offender may not be one who is already committing rebagainst the government

• Incite by means of speech, proclamations, writings,embbanners, or other representations


6/22

Coup d’etat (Art 134-A)

• “ To strike against the State”

• PURPOSE: To seize or diminish power of the State, but not to overthrow it (unlike in rebellion).

• May be committed without public uprising, but by swift attack

• In rebellion, there must be a multitude. In coup d’etat, a single police officer may commit the crime.

• In rebellion, address against entire Government. In coup d’etat, directed

against

duly

constituted

authorities

etc.

• Common crimes deemed absorbed, unless personally benefitted.

Sedition (Art 139)

• “Rise publicly and tumultuously”

• Manner and purpose enumerated in Art. 139 (1‐5)

• To despoil means to render useless.

• Killing appreciated as a separate criminal act from seditprovision of law does not include “taking of arms”, unlik

Inciting to Sedition (Art 142)

• No crime as “proposal to commit sedition”

• May

be

charge

as

principal

by

inducement

to

inciting

to

sedition• Mere vessel of rebel may not be convicted of rebellion (see case of Ka

Beltran)

Act of Terrorism

• In advent of Human Security Act of 2007, use of violencgovernment to give in to unlawful demand is act of terr

• Once convicted/acquitted, may no longer be charged w

• Differentiate with complex crime(Art 48): In complex criact seen in the eyes of the law as a single offense and pserious crime in maximum period. Whereas in act of terall requisites are not proven, accused must be acquittedordinary crime, court may convict for lesser offense)


7/22

Disloyalty of Public Officers (Art 137)

• Three ways to commit (see codal provisions)

• If acts committed by private person, he is liable for rebellion, not for disloyalty

• Only public officer or employee may commit this.

Violation of Parliamentary Immun145)• No criminal prosecution (Only for libel or oral defamatio

committed in

the

performance

of

official

function.

• Ammended by 1987 Constitution: now, only for crimes wof prision correctional

• If policeman stops Congressman for violations with pengreater than prision correccional committed while he is Congress, policeman is liable.

Tending to Prevent Meetings ofLegislature

• Meeting, broader than sessions (Art 143)

Direct Assault (Art 148)

• Two ways to commit: (1) First way, may be committed bvictim may be a private person (in relation to purposes

rebellion/sedition, sans

public

uprising);

(2)

Second

way

public officer/person in authority.

• Always without public uprising.

• In second way, offender knows the victim is a person in authority/agent of persons in authority, as it is a defianc(may be physical injury only)

• In second

method,

attack

directed

to

“performance

or

p

performance of authority”


8/22

Persons in Authority/Agents (Art 152)

• Person directly vested with jurisdiction. Barrio captain/brgy chairman included,

only

within

their

jurisdiction.

• Agent of Persons in Authority – election or appointment/ maintenance of public order/protection of life and property/comes to aid of persons in authority

• Lawyers, professors, SUCs – person in authority while in the performance of his duty

• In relation

to

direct/indirect

assaults

• In relation to Art 151 – Resistance/disobedience

Direct Assault

• Victim should still be engaged in public service.

• If attendant with qualifying circumstance of treachery, tmay be co mpolex crime of direct assault with frustrate

Qualifying circumstances

• Offender use a weapon

• When

offender

is

a

public

officer• When offender is a person in authority

• PENALTY – in maximum period

Indirect Assault Art 149

• There must be direct assault

• Attack

directed

to

persons

coming

to

the

aid

persons

in• SC: “Chief of Police is a person in authority.”


9/22

Resistance (Art 151)

• If resistance is serious, it is direct assault.

Unlawful Use of Publication (Art 1

• Not bearing real printer’s name

• Offender must know what is publishing is false (false ne

Alarm and Scandal (Art 155)

• Charivari (see “Boado’s Notes”)

• “Midnight”• Naked in public

• If playing with organ, grave scandal as contrary to morals.

Delivering Prisoners (Art 156)

• Without custody, any person assisting in the escape of p

• Off

duty

jail

officers• PREVENTIVE IMPRISONMENT – not covered

• For escaped prisoner, offense is evasion of sentence (thfinal conviction) under Art 157


10/22

Evasion of Sentence (Art 157)

• Destierro included – though not imprisonment, it is deprivation of liberty

(Same

comment

with

Atty/Dr

Gabao)

Evasion under Art 158

• Ammended,see Art 98 – 2/5 deductions if did not escapafforded

same

opportunity

• Note that there must be a proclamation of the Presiden

Violation of Conditional Pardon (Art 159)

• Subject to President’s discretion, but must be accepted by the convict.

• Penalizes violation of condition.

Special Aggravating Circumstanc

• Habitual Deliquency – Art 22/62(5)

• Reiteracion• Recidivisim – Art 14 (9)

• Quasi Recidism – Art 160

• Cannot be offset


11/22

Forging Seal of President

• Art 161 ‐ person who forged the signature

• Art 162 ‐ person who used the document with forged signature

Forgery (Art 169/Public Interest)

• Only pertaining to treasury or bank notes.

Falsification under Art 171

• There must not be “colorable truth” in statements (Para 4)

Falsification under Art 172

• Ecclesiastical minister's liability only in connection with persons. If not, then they are private individuals (see Ar

• “Semblance of similarity” between genuine and false.


12/22

Falsification & Estafa

• There can be no complex crime of falsification and estafa (See Justice Mario

Lopez’

handout)

Ursupation of Authority undeArt 1

• No need to perform function to be liable

Fictitious Name (Art 178)

• Conceal crime

• Prevent justice/evading execution

• Causing damage, may be estafa.

• In relation: Anti Alias Law

• Without judicial approval

• Exception: celebrities, sports men

Illegal Use of Uniform

• Uniform that represents authority

• If uniform of prisoner, no liability under Art 179


13/22

False Testimony (Art 180/181)

• Degree of punishment depending on the outcome under Art 180 or against

defendant.

Trial

needs

to

be

terminated.

Perjury

• Testifying false before agencies not judicial

• Executing a false affidavit

• Mere contradiction no liability except if malicious and pany other witnesses.

Grave Scandal (Art 200)

• If windows are open, and private acts are open for public view, there may be liability such as when a man brings home his mistress to a

private home.

• Law aims to protect morals in general, not a single individual

Vagrants And Prostitutes (Art 292

• Under this proviion, only female may be prostitute (crosthis with Child Abuse Law)


14/22

Crimes Committed by Public Officers

• Public Officers – by direct provision of law, election or appointment (Art

203)

• Malfeasance – perfomance of an act which should not be done

• Misfeasance – misperformance

• Non feasance – non performance an act which is required to be done

• Only a judge may be liable from Art 204 to 207; labor arbiter, not judge though enjoying same salary and rank

• SC and other collegial courts justices my not be liable under this provision

Unjust Judgment

• A judge who accepts a bribe and performs the act for wbribe

imay

be

liable

for

unjust

judgment

and

bribery

(“a

perform an act constituting a crime”)

Betrayal of Trust by An Attorney (Art 209)

• Consent of previous client is required,otherwise may be liable under Art 209

Direct/Indirect Bribery (Art 210-21

• Gift ‐ tangible thing, something you can touch, not mer(Note: useful for indirect bribery since coinsideration of

expressly included

in

direct

bribery/qualified

bribery

).

• If lawful, the direct bribery of the second kind.

• Except gift of small value not more than P50, 000, usualduring joyous occasion*

• Formal crime (must be consummated)


15/22

Malversation of Public Funds

• Intentional or through negligence

• People vs Tabuena (MIA)

• Gabao: “May be committed by private persons entrusted with public funds.” (property legally seized by public authority, as depository)

• Add’l: as a co conspirator with public officer/accomplice/accessory

• Return of fund is equal to voluntary surrender, if returned when demanded. If on trial, merely extinguishes civil liability

Technical Malversation (Art 220)

• Illegal use of public funds

• “Specific public purpose” diverted to another public pur

Maltreatment of Prisoners

• May only be committed by one who has custody over the prisoner. If not with custody, mere physical injury only.

Abuse Against Chastity

• Victim must always be female

• If relatives of prisoners of victim, warden still liable?


16/22

Parricide

• Only by blood relationship

• Adopted children, not included

Exceptional Circumstances (Art 2

• Also applies to daughter not of age and living with pare

• Also include acts resulting from outrage (collateral damimprudence resulting to homicide only)

• People vs Abarca

Murder

• Treachery does not absorb evident premeditation but treated as generic aggravating circumstance

Physical Injury (Art 252)

• Tumultuous affray – at least four persons involved, can authorship of blows


17/22

Giving Assistance to Suicide

• Penalty as if homicide is committed

• No liability on the part of person who committed suicide (remember it may be successful or unsuccessful)

• If unsuccessful, lesser penalty of arresto mayor

Dicharge of Firearms

• Best evidence of intention to kill is death of the victim

• Can an offender be convicted of discharge of firearms inattempted murder, if intent to kill is not proven? Yes.

Infanticide

• Less than three days of age

• If more than said age, parricide or homicide

• Conceal dishonor, only mitigating (Only mother can claim this in abortion)

Mutilation

• Two kinds: (1) intentional mutilation damage to sexual oother organ


18/22

JOKE TIME

• Fiscal Salva: “Why does mutilation (Reclusion perpetual) have a

higher penalty

than

homicide

(prision

mayor)?

For

one,

the

man

can

no longer fulfil his mandate to ‘Go Forth and Multiply’. Second, he will be known as the man without a weapon. Third, if the organ is not severed, he will be known as the man with dead weapon!”

Physical injury

• Depending on healing period

• Except physical injury specifically denominated as seriouthat deforms the victim

Rape (Art 266)

• New: fraudelent machination

• New type of rape: sexual assault, by insertion his penis, object, instrument

to

mouth

or

anal

orifice.

• Don’t forget the two ways of committing rape in defining rape!

Kidnapping & Illegal Detention

• What is serious illegal detention

• Differentiate kidnapping and detention

• When is illegal detention serious

• Slight‐ victim can only be male not minor or female (if sserious)


19/22

Unlawful forrest

• Purpose: delivering to authorities

• Offender: Private Individuals/Off duty public officer

Slavery

• Lesser penalty than kidnapping

• Kidnapping means of committing

• Services rendered for payment of debt (asked in the bar

Trespass to Dwelling Vs Other Forms

• See absolutory (codal Art 280)

• If dwelling is abandoned, merely tresspass to property

• If homicide is afterthought of trespass, two crimes results.

Threats and Coercion

• Grave coercion – lawful purpose. If unlawful, kidnappingabduction

• Ex: Lad

wants

to

marry

girl

and

deprived

her

liberty,

gra

But if he is married, kidnapping results.

• Black Mail – Art 286 (publication for compensation


20/22

Robbery

• Note the kinds of robbery (NOTE: Discussion is very codal)

• Special complex crime of robbery (favorite bar question)

• Can homicide resulting from negligence during robbery be complexed with crime of robbery? SC: No. See original Spanish text of para 1 Art 294

• Mere possession of pick locks penalized (preferatory act punishable)

• False key – genuine key lost by owner. Mere possession not

punishable.

PD 532 (Highway Robbery Brigan

• Higher penalty than simple robbery

• At least 4 armed man

• Indiscriminate

• SC: If there is only one victim targetted, there is no highbrigandage.

Theft

• Taking, with abuse of confidence, is qualified theft.

• Very codal discussion

Swindling and Other Deceits

• Art 315 (2)(d) in rel to BP 22

• Estafa – issuance of check is efficient cause. If bounces,

one under

RPC

and

BP

22.

• Demand needed first. If within 3 days, it is paid, then nonot,presumption that it was issued worthless, liable fo e

• If compromised, bars prosecution of BP 22 (Complete ddishonored, 5 banking days from notice (grace period).

• Check issued for accomodation Etc, not a source of esta

• Mere non payment of board and lodging, collection for only,

not

estafa.


21/22

Access Device Law

• If fake card is used to purchase, liable for estafa and special penal law

of access

device

law.

• Can not be complexed.

Grave Coercion vs Robbery

• If a personal property is taken by owner against the will

possessor is

not

robbery

(no

intent

to

gain),

but

there

is

coercion (If lawful, estafa)

Arson

• If somebody died, qualified arson.

• If main purpose is to kill, crime is murder by means of fire.

• Malicious mischief incompatible with arson, as long as it is due to hate to the prejudice of other persons.

BIGAMY

• Punishment: Prision mayor (joke: with accesory penaltymothers in law”)

• SC: “No

marriage,

no

bigamy

where

parties

only

signed

certificate without license nor registration.” (Bangayan v


22/22

Cyber Libel

• Same elements in RPC

• “First accessed”

– not

proper

laying

of

the

venue,

must

be

same

In

RPC: where it was published or actual residence of offended party.

Reckless Imprudence

• Ivler case (double jeopardy)

• In relation

to

complex

crime

under

Art

48

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