UNIVERSITY OF THE PHILIPPINESCOLLEGE OF LAW

COURSE OUTLINE IN CRIMINAL LAW 2SY 2014-2015

(Block D under Atty. Augusto Jose Y. Arreza)

A. Classroom rules:1. Attendance will be checked at the beginning of every meeting.2. Recitation will be conducted every meeting. Students are expected, therefore, to come to class prepared and to have read the materials scheduled to be covered during the meeting. When a student is reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in the discussion by asking questions. 3. A student who is called to recite is expected to close his book during his recitation.3. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off his mobile phone or to put it on silent mode as soon as he steps into the classroom. If the student expects a call during the meeting, he can take the call by discretely leaving the classroom.

Laptops, tablets, and other similar electronic devices, are not, likewise, prohibited but the students who are called to recite should close these electronic devices for the duration of their recitation. The same rule applies to mobile phones that serve as data storage.

4. Any student may discretely leave the classroom if and when absolutely necessary. When a student is not in the classroom when called for recitation, he will be given a grade of 5.

B. Bases for student evaluation at the end of the semester:Recitation - 30%Mid-Term Exam - 20%Final Exam - 50%

No grade of 3w or 4

I. Crimes Against National Security

Art. 114 – Treason

- U.S. v. Abad, 1 Phil. 437 - People vs. Victoria, 78 Phil. 129 - Laurel v. Misa, 77 Phil. 856 - U.S. v. Lagnason, 3 Phil. 495 - People v. Roble, 83 Phil. 1 - People v. Perez, 83 Phil. 314 - People v. Alunan, 43 O.G. 1288 Art. 115 – Conspiracy and Proposal to Commit Treason - U.S. v. Bautista, 6 Phil. 581

Art. 116 – Misprision of Treason - U.S. v. Caballeros, 4 Phil. 350

Art. 117 – Espionage - Santos v. Misa, 76 Phil. 415 - C.A. No. 616

Art. 118 – Inciting to war or giving motives for reprisals

Art. 119. – Violation of neutrality

Art. 120 – Correspondence with hostile country

Art. 121 – Flight to enemy’s country

Art. 122 – Piracy and mutiny on the high seas or in Philippine waters- People v. Lol-lo, 43 Phil. 19- U.S. v. Dasal, 3 Phil. 6- P.D. No. 532- R.A. No. 7659

Art. 123 – Qualified piracy- People v. Siyoh, 141 SCRA 356- R.A. No. 6235- People v. Ang Cho Kio, 95 Phil. 475

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II. Crimes Against the Fundamental Laws of the State

Art. 124 – Arbitrary detention- Rule 113, Sec. 5, Revised Rules of Court- Milo v. Salanga, 152 SCRA 113- U.S. v. Cabanag, 8 Phil. 64- People v. Bringas, 619 SCRA 481

Art. 125 – Delay in the delay of detained prisoners- Revised Rules of Court, Rule 112, Sec. 6, parag. 2 - Lino vs. Fuguso, 77 Phil. 933

Art. 126 – Delaying release

Art. 127 – Expulsion - Villavicencio v. Lukban, 39 Phil. 778

Art. 128 - Violation of domicile- Revised Rules of Court, Rule 113, Sec. 11 - U.S. vs. Vallejo, 11 Phil. 193

- Moncado v. People, 80 Phil. 1

Art. 129 – Search warrants maliciously obtained and abuse in the service of those illegally obtained - Art. III, Sec. 2, 1987 Constitution - Alvarez v. Court, 64 Phil. 33 - Burgos v. Chief of Staff, 133 SCRA 800

Art. 130 – Searching domicile without witnesses - Sec. 8, Rule 126, Revised Rules of Court - Papa v. Magno, 22 SCRA 857

Art. 131 – Prohibition, interruption, and dissolution of peaceful meetings - People vs. Evangelista, 57 Phil. 372 - Primicias vs. Fugoso, 80 Phil. 71

Art. 132 – Interruption of religious worship Art. 133 – Offending the religious feelings - People v. Baes, 68 Phil. 203

III. Crimes Against Public Order

Art. 134 – Rebellion or insurrection

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- People v. Hernandez, 99 Phil. 515 - People v. Geronimo, 100 Phil. 90 - People v. Cruz, 3 SCRA 217 - Carino v. People, 7 SCRA900 - Buscayno v. Military Commission, 109 SCRA 273 - Enrile v. Salazar, 186 SCRA 217

Art. 134-A – Coup d’etat - Gonzales v. Abaya, 498 SCRA 445, 476 (concurring opinion of Callejo, J.)

Art. 135 – Penalty for rebellion, insurrection or coup d’etat

Art. 136 – Conspiracy and proposal to commit coup d’etat, rebellion or insurrection - People v. Geronimo, 100 Phil. 90 - People v. Hernandez, 11 SCRA 223 - People v. Lava, 28 SCRA 72

Art. 137 – Disloyalty of public officers or employees - People v. Ravidas, 4 Phil. 271

Art. 138 – Inciting to rebellion or insurrection

Art. 139 – Sedition- People v. Cabrera, G.R. No. 17755, March 4, 1922- People v. Cabrera, G.R. No. 17748, March 4, 1922

Art. 140 – Penalty for sedition

Art. 141 – Conspiracy to commit sedition- U.S. v. Planas, G.R. No. 6867, December 23, 1911

Art. 142 – Inciting to sedition- Espuelas v. People, G.R. No. L-2990, December 17, 1951- Primicias v. Fugoso, 80 Phil. 71

Art. 143 – Acts tending to prevent the meeting of the Assembly and similar bodies - People v. Alipit, 44 Phil. 910

Art. 144 – Disturbance of proceedings

Art. 145 – Violation of parliamentary immunity

Art. 146 – Illegal assemblies

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Art. 147 – Illegal association

Art. 148 – Direct assaults

Art. 149 – Indirect assaults

Art. 150 – Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions

Art. 151 – Resistance and disobedience to a person in authority or the agents of such person

Art. 152 – Persons in authority and agents of persons in authority

Art. 153 – Tumults and other disturbances of public order

Art. 154 – Unlawful use of means of publications and unlawful utterances

Art. 155 – Alarms and scandals

Art. 156 – Delivering prisoners from jail

Art. 157 – Evasion of service of sentence

Art.158 – Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities

Art. 159 – Other cases of evasion of service of sentence- People v. Ponce de Leon, 56 Phil. 386- Torres v. Gonzales, 152 SCRA 272

Art. 160 – Commission of another crime during service of penalty imposed for another previous offense

Art. 161 – Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive - Secs. 14 and 15, Chapt. 4, Book 1, E.O. No. 292

Art. 162 – Using forged signature or counterfeit seal or stamp

Art. 163 – Making and importing and uttering false coins

Art. 164 – Mutilation of coins

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Art. 165 – Selling of false or mutilated coin, without connivance

Art. 166 – Forging treasury or banknotes or other documents payable to bearer; importing, and uttering such false or forged notes and documents

Art. 167 – Counterfeiting, importing, and uttering instruments not payable to bearer

Art. 168 - Illegal possession and use of false treasury or bank notes and other instruments of credit - People v. Digoro, 16 SCRA 376 - Clemente v. People, 652 SCRA 382

Art. 169 – How forgery is committed

Art. 170 – Falsification of legislative documents

Art. 171 – Falsification by public officer, employee or notary or ecclesiastical minister - Lastrilla v. Granda, 481 SCRA 324 - Galeos v. People, 642 SCRA 485

Art. 172 – Falsification by private individuals and use of falsified documents

Art. 173 – Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages

Art. 174 – False medical certificates, false certificates of merit or service, etc.

Art. 175 – Using false certificates

Art. 176 – Manufacturing and possession of instruments or implements for falsification

Art. 177 – Usurpation of authority or official functions

Art. 178 – Using fictitious name and concealing true name- R.A. No. 6085

Art. 179 – Illegal use of uniforms or insignia

Art. 180 – False testimony against a defendant

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Art. 181 – False testimony favorable to the defendant

Art. 182 – False testimony in civil cases

Art. 183 – False testimony in other cases and perjury in solemn affirmation

Art. 184 – Offering false testimony in evidence

Art. 185 – Machinations in public auctions

Art. 186 – Monopolies and combinations in restraint of trade

Art. 187 – Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys

Art. 188 – Substituting and altering trademarks, tradenames, or service marks

Art. 189 – Unfair competition, fraudulent registration of trade name, trademark, or service mark, fraudulent designation of origin, and false description

Arts. 190 to 194 – Repealed by RA No. 6425, PD No. 1683, and RA No. 9165 Art. 195 to 199 – Repealed or modified by PD Nos. 483, 449 and 1602

Art. 200 – Grave scandal

Art. 201 – Immoral doctrines, obscene publications and exhibitions, and indecent shows

Art. 202 – Vagrants and prostitutes - People v. Siton, G.R. No. 169364, Sept. 18, 2009 - R.A. No. 10158

Art. 203 – Who are public officers - R.A. No. 3019, Sec. 2(b):

Art. 204 – Knowingly rendering unjust judgment

Art. 205 – Judgment rendered through negligence

Art. 206 – Unjust interlocutory order

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Art. 207 – Malicious delay in the administration of justice

Art. 208 – Prosecution of offenses; negligence and tolerance

Art. 209 – Betrayal of trust by an attorney or solicitor; Revelation of secrets

Art. 210 – Direct bribery - R.A. No. 3019, Sec. 3(a), (b), (c), (d)

Art. 211 – Indirect bribery - P.D. No. 46 - Formilleza v. Sandiganbayan, 159 SCRA 1 - P.D. No. 749 Art. 211-A – Qualified bribery

Art. 212 – Corruption of public officials

Art. 213 – Frauds against the public treasury and similar offenses

Art. 214 – Other frauds

Art. 215 – Prohibited transactions

Art. 216 – Possession of prohibited interest by a public officer

Art. 217 – Malversation of public funds or property – Presumption of malversation - U.S. v. Wickersham, 20 Phil. 440 - U.S. v. Velasquez, 32 Phil.157 - People v. Sendaydiego, 81 SCRA 10 - Torres v. People, 656 SCRA 486 - Candao v. People, 659 SCRA 696

Art. 218 – Failure of accountable officer to render accounts

Art. 219 – Failure of responsible officer to render accounts before leaving the country

Art. 220 – Illegal use of public funds or property

Art. 221 – Failure to make delivery of public funds or property

Art. 222 – Officer included

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Art. 223 – Conniving with or consenting to evasion

Art. 224 – Evasion through negligence

Art. 225 – Escape of prisoner under the custody of a person not a public officer

Art. 226 – Removal, concealment or destruction of documents

Art. 227 - Officer breaking seal

Art. 228 – Opening of closed documents

Art. 229 – Revelation of secrets by an officer

Art. 230 – Public officer revealing secrets of private individual

Art. 231 – Open disobedience

Art. 232 – Disobedience to order of superior officer, when said order was suspended by inferior officer

Art. 233 – Refusal of assistance

Art. 234 – Refusal to discharge elective office

Art. 235 – Maltreatment of prisoners

Art. 236 – Anticipation of duties of a public office

Art. 237 – Prolonging performance of duties and powers

Art. 238 – Abandonment of office or position

Art. 239 – Usurpation of legislative powers

Art. 240 – Usurpation of executive functions

Art. 241 – Usurpation of judicial functions

Art. 242 – Disobeying request for disqualification

Art. 243 – Orders or requests by executive officers to any judicial authority

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Art. 244 – Unlawful appointments

Art. 245 – Abuses against chastity

Art. 246 - Parricide

Art. 247 – Death or physical injuries inflicted under exceptional circumstances

Art. 248 - Murder - People v. Tomas, Sr., 643 SCRA 530 - People v. Estacio, 593 SCRA 426 - People v. Molina, 292 SCRA 742

Art. 249 – Homicide- Esqueda v. People, 589 SCRA 489- Colinares v. People, 662 SCRA 266- People v. Penesa, 81 Phil. 398- People v. Castillo, 76 Phil. 72- People v. Avecilla, 351 SCRA 635- Celino v. CA, 526 SCRA 195

Art. 250 – Penalty for frustrated parricide, murder, or homicide Art. 251 – Death caused in a tumultuous affray

Art. 256 – Intentional abortion

Art. 257 – Unintentional abortion

Art. 258 – Abortion practiced by the woman herself or her parents

Art. 259 – Abortion practiced by a physician or midwife and dispensing of abortives

Art. 260 – Responsibility of participants in a duel

Art. 261 – Challenging to a duel

Art. 262 - Mutilation

Art. 263 – Serious physical injuries

Art. 264 – Administering injurious substances or beverages

Art. 265 – Less serious physical injuries

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Art. 266 – Slight physical injuries and maltreatment

Art. 266-A - Rape, when and how committed - Art. 335, RPC - R.A. No. 8353 - People v. Alfredo, 638 SCRA 749 - People v. Rellota, 626 SCRA 422 - People v. Apattad, 655 SCRA 335 - People v. Padua, 645 SCRA 744 - People v. Pruna, 390 SCRA 577 - People v. Abello, 582 SCRA 378 - People v. Garcia, 617 SCRA 318 - People v. Orita, 184 SCRA 105

Rape with homicide - People v. Villaflores, G.R. No. 184926, April 11,2012

Art. 266-B - Penalties - People v. Macapanas, 620 SCRA 54

Art. 266-C - Effect of pardon

Art. 266-D - Presumptions

Art. 267 – Kidnapping and serious illegal detention - People v. Uyboco, 640 SCRA 146 - People v. Montanir, 647 SCRA 170 - People vs. Baluya, 648 SCRA 708 - People v. Anticamara, 651 SCRA 489 - People v. Mirandilla, Jr., 654 SCRA 761

Art. 268 – Slight illegal detention

Art. 269 – Unlawful arrest

Art. 270 – Kidnapping and failure to return a minor

Art. 271 – Inducing a minor to abandon his home

Art. 272 - Slavery

Art. 273 – Exploitation of child labor

Art. 274 – Services rendered under compulsion in payment of debt

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Art. 275 – Abandonment of persons in danger and abandonment of one’s own victim

Art. 276 – Abandoning a minor

Art. 277 – Abandonment of minor by person entrusted with his custody; indifference of parents

Art. 278 – Exploitation of minors

Art. 279 – Additional penalties for other offenses

Art. 280 – Qualified trespass to dwelling

Art. 281 – Other forms of trespass

Art. 282 – Grave threats

Art. 283 – Light threats

Art. 284 – Bond for good behavior

Art. 285 – Other light threats

Art. 286 – Grave coercions - Alejandro v. Bernas, 657 SCRA 255 - Barbasa v. Tuquero, 575 SCRA 102 - Sy v. Secretary of Justice, 511 SCRA 92

Art. 287 – Light coercions

Art. 288 – Other similar coercions

Art. 289 – Formation, maintenance, and prohibition of combination of capital or labor through violence or threats

Art. 290 – Discovering secrets through seizure of correspondence

Art. 291 – Revealing secrets with abuse of office

Art. 292 – Revelation of industrial secrets

Art. 293 – Who are guilty of robbery

Art. 294 – Robbery with violence against or intimidation of persons

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Art. 295 – Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley

Art. 296 – Definition of a band and penalty incurred by the members thereof

Art. 297 – Attempted and frustrated robbery committed under certain circumstances

Art. 298 – Execution of deeds by means of violence or intimidation

Art. 299 – Robbery in an inhabited house or public building or edifice devoted to worship

Art. 300 – Robbery in an inhabited place and by a band

Art. 301 – What is an inhabited house, public building, or building dedicated to religious worship and their dependencies

Art. 302 – Robbery in an uninhabited place or in a private building

Art. 303 – Robbery of cereals, fruits or firewood in an uninhabited place or private building

Art. 304 – Possession of picklocks or similar tools - People v. Lopez, 14 SCRA 30

Art. 305 - False keys - People v. Lopez, 14 SCRA 30

Art. 306 – Who are brigands

Art. 307 – Aiding and abetting a band of brigands

Art. 308 – Who are liable for theft

There is no crime of frustrated theft - Valenzuela vs. People, 525 SCRA 306

Art. 309 - Penalties

Art. 310 – Qualified theft

Art. 311 – Theft of the property of the National Library and National Museum

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Art. 312 – Occupation of real property or usurpation of real rights in property

Art. 313 – Altering boundaries or landmarks

Art. 314 – Fraudulent insolvency

Art. 315 – Swindling (estafa)- People v. Manansala, 58 Phil. 796- U.S. v. Abad, 23 Phil. 504- U.S. v. De Vera, 43 Phil. 1001- People v. Concepcion, 44 Phil. 544

- Lateo v. People, 651 SCRA 262 - People v. Lo, 577 SCRA 116 - People v. Montaner, 656 SCRA 605 - People v. Cardenas, 578 SCRA 308 - People v. Abordo, 588 SCRA 148 - People v. Wagas, G.R. No. 157943, Sept. 4, 2013 - P.D. No. 818 - B.P. Blg. 22 - P.D. No. 115

Conviction for estafa does not bar conviction for illegal recruitment under the Labor Code; prescribed penalty for estafa - People vs. Temporada, 574 SCRA 258 Art. 316 – Other forms of swindling

Art. 317 – Swindling a minor Art. 318 – Other deceits - People v. Ganasi, 61 O.G. 3604

Art. 319 – Removal, sale or pledge of mortgage property - U.S. v. Rimon, 23 Phil. 13

Art. 320 – Destructive Arson- P.D. No. 1613- P.D. No. 1744- R.A. No. 7659 (repealed by R.A. No. 9346, which abolished the

death penalty)- People v. Murcia, 614 SCRA 741- People v. Baluntong, 615 SCRA 455- U.S. v. Go Foo Suy, 25 Phil. 187

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- People v. de Leon, 580 SCRA 617

Art. 327 – Who are liable for malicious mischief - Taguinod v. People, 659 SCRA 23

Art. 328 – Special cases of malicious mischief

Art. 329 – Other mischief

Art. 330 – Damage and obstruction to means of communication

Art. 331 – Destroying or damaging statues, public monuments or paintings

Art. 332 – Persons exempt from criminal liability

Art. 333 – Who are guilty of adultery

Art. 334 - Concubinage

Art. 336 - Acts of lasciviousness- People v. Collado, 60 Phil. 610- People v. Buenafe, 99 Phil. 306- Tibong v. People, 630 SCRA 639- People v. Bon, 396 SCRA 506

- People v. Rellota, 626 SCRA 422

Art. 337 – Qualified seduction

Art. 338 – Simple seduction

Art. 339 – Acts of lasciviousness with the consent of the offended party

Art. 340 – Corruption of minors

Art. 341 – White slave trade

Art. 342 – Forcible abduction - U.S. v. De Vivar, 29 Phil. 451 - People v. Ramirez, 39 Phil. 738 - People v. Crisostomo, 46 Phil. 775 - People v. Garcia, 378 SCRA 266 - People v. Toledo, 83 Phil. 777

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Art. 343 – Consented abduction - U.S. v. Reyes, 20 Phil. 510 - People v. Amante, 49 Phil. 679

Art. 344 – Prosecution of crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness - Samilin v. Court of First Instance, 57 Phil. 298 - Pilapil v. Ibay-Somera, 174 SCRA 653

Art. 345 – Civil liability of persons guilty of crimes against chastity Art. 346 – Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party

Art. 347 – Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child - cf. Art. 276, RPC - U.S. v. Capillo, 30 Phil. 355 Art. 348 – Usurpation of civil status

Art. 349 - Bigamy- Teves v. People, 656 SCRA 307- Nollora, Jr. v. People, 657 SCRA 330- Tenebro v. Court of Appeals, 423 SCRA 272- People v. Nepomuceno, Jr. 64 SCRA 518

Art. 350 – Marriage contracted against provisions of law

Art. 351 – Premature marriages - U.S. v. Dulay, 10 Phil. 305

Art. 352 – Performance of illegal marriage ceremony - cf. Art. 177, RPC - U.S. v. San Juan, 25 Phil. 513

Art. 353 – Definition of libel - Lopez v. People, 642 SCRA 668 Imposition of fine instead of imprisonment - Lagaya v. People, 677 SCRA 478

Art. 354 – Requirement for publicity

Art. 355 – Libel by means of writings or similar means

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Art. 356 - Threatening to publish and offer to prevent such publication for a compensation

Art. 357 – Prohibited publication of acts referred to in the course of official proceedings

Art. 358 - Slander

Art. 359 – Slander by deed

Art. 360 – Persons responsible

Art. 361 – Proof of the truth

Art. 362 – Libelous remarks

Art. 363 – Incriminating innocent person

Art. 364 – Intriguing against honor Art. 365 – Imprudence and negligence - Buerano v. Court of Appeals, 200 Phil. 486 (1982) - People v. City Court of Manila, 206 Phil. 555 (1983) - Ivler v. San Pedro, G.R. No. 172716, Nov. 17, 2010

Art. 366 – Application of laws enacted prior to RPC

P.D. No. 1866, as amended

B.P. Blg. 22 (Bouncing Checks Law) - Azarcon v. People, 622 SCRA 341

R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) - Cadiao-Palacios v. People, 582 SCRA 713 - Go vs. Fifth Division, Sandiganbayan, 585 SCRA 404 - M.A. Jimenez Enterprises, Inc. vs. Ombudsman, 650 SCRA 381 - Sison v. People, 614 SCRA 670 (2010); Respicio v. People, 650 SCRA 573 - Alvarez v. People, 653 SCRA 52 - People v. Hon. Sandiganbayan, G.R. No. 188165, Dec. 11, 2013

R.A. No. 7610 (The Child Abuse Law) - People v. Abello, 582 SCRA 378 - Sanchez v. People, 588 SCRA 747

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R.A. No. 9165 (The Dangerous Drugs Act of 2002) - Chain of custody rule - People v. Abdul, G.R. No. 186137, June 26, 2013 - People v. Lorena, 639 SCRA 139 - People v. Gatlabayan, 653 SCRA 803 - People v. Alcuizar, 647 SCRA 431 - People v. Unisa, 658 SCRA 305 - People v. Castro, 652 SCRA 393 R.A. No. 9262 (The Violence Against Women and Their Children Act) - People v. Genosa, 341 SCRA 493 - Del Socoro v. Van Wilsem, G.R. No. 193707, Dec. 10, 2014

R.A. 9372 (The Human Security Act of 2007)

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