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BOOK TWOCRIMES AND PENALTIES

Title One

C R I M E S A G A I N S T N A T I O N A L

SECURITY AND THE LAW OF NATIONS

Chapter OneC R I M E S A G A I N S T N A T I O N A LSECURITY

Section One. — Treason and espionage

Art. 114. Treason. — Any person who,owing allegiance to (the United States or) theGovernment of the Philippine Islands, not

being a foreigner, levies war against them oradheres to their enemies, giving them aid orcomfort within the Philippine Islands orelsewhere, shall be punished by reclusiontemporal to death and shall pay a fine not toexceed P20,000 pesos.

No person shall be convicted of treason unlesson the testimony of two witnesses at least tothe same overt act or on confession of theaccused in open court.

Likewise, an alien, residing in the PhilippineIslands, who commits acts of treason asdefined in paragraph 1 of this Article shall bepunished by prision mayor to death and shallpay a fine not to exceed P20,000 pesos._____________________________________

Giving comfort women is not giving aid or comfort.Giving aid or comfort is something that will promotethe cause of the enemy. When you give aid orcomfort, you probably give them places to hide orto tell him the location of the Philippine Armed

Forces and so on. That is giving aid or comfort -those that will promote the cause of the enemy.

Now, in the crime of treason, because of the natureof the crime, there is a requirement that in orderthat one may be convicted, at least two witnessesshould testify to the same overt act. But that two-witness rule is applicable only if the crime oftreason falls under the second form that isadherence. If you want to prove adherence to theenemy, then there should be two witnesses whoshould testify on the giving aid or comfort. The two-witness rule does not apply to levying war becauselevying war, one witness will be sufficient becausethey are actually joining the enemy. But when youprove adherence to the enemy and, therefore, you

want to prove giving aid or comfort, then the two-witness rule will be apply. Treason may also beproved if the offender confesses to court, that is,when he pleads guilty or confesses to thecommission of the crime of treason.

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Art. 115. Conspiracy and proposal tocommit treason; Penalty . — Theconspiracy or proposal to commit the crime oftreason shall be punished respectively, byprision mayor and a fine not exceedingP10,000 pesos, and prision correccional and afine not exceeding P5,000 pesos._____________________________________

Proposal and conspiracy to commit the crime oftreason. When one proposes, there is already a

crime, even if it is not accepted. But when theproposal is accepted, as you learned in Article 8,then it is becomes conspiracy. So, you"re nowliable._____________________________________

Art. 116. Misprision of treason. — Everyperson owing allegiance to (the United States)the Government of the Philippine Islands,without being a foreigner, and havingknowledge of any conspiracy against them,conceals or does not disclose and make

known the same, as soon as possible to thegovernor or fiscal of the province, or the mayoror fiscal of the city in which he resides, as thecase may be, shall be punished as anaccessory to the crime of treason._____________________________________

Misprision of treason is a very important crimebecause it is a crime of omission. You do nothing inorder to be liable. What is punished is that is thefailure to inform the authorities of the existence of acrime of a conspiracy to commit the crime of

treason. It is not failure to inform the authorities ofan existing commission of treason. What isprovided for is the existence of a conspiracy tocommit the crime of treason - that is the meaning ofmisprision. But if there is an ongoing treason, andyou do not inform the authorities, you are not liable.You are only liable for a crime of misprision oftreason if you fail to inform the Fiscal, the Mayor,and Governor of the existence of a conspiracy tocommit the crime of treason._____________________________________

Codal and Lecture / Justice Peralta Criminal Law Review |

Paul IV D A.L.F./N.O.S.



Art. 117. Espionage. — The penalty ofprision correccional shall be inflicted upon anyperson who:1. Without authority therefor, enters a warship,fort, or naval or military establishment orreservation to obtain any information, plans,photographs, or other data of a confidentialnature relative to the defense of the PhilippineArchipelago; or

2. Being in possession, by reason of thepublic office he holds, of the articles, data, orinformation referred to in the precedingparagraph, discloses their contents to arepresentative of a foreign nation.The penalty next higher in degree shall beimposed if the offender be a public officer oremployee.

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There are two acts that are punished in the crime ofespionage. The gathering of data from thosementioned by the law, military installation, location,vocation of the military, installation to thePhilippines or naval bases, and so on - that isespionage. The other one is –because you are inpossession of data pertaining to militaryinstallations and so on, and then you pass it to anenemy of a foreign country or representative of aforeign country, then that is the crime of espionage.

The flight to an enemy country, correspondence,violation of neutrality, no need to explain.

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Section Two. — Provoking war anddisloyalty in case of war

Art. 118. Inciting to war or givingmotives for reprisals. — The penalty ofreclusion temporal shall be imposed upon anypublic officer or employee, and that of prision

mayor upon any private individual, who, byunlawful or unauthorized acts provokes orgives occasion for a war involving or liable toinvolve the Philippine Islands or exposesFilipino citizens to reprisals on their persons orproperty.

Art. 119. Violation of neutrality. — Thepenalty of prision correccional shall be inflictedupon anyone who, on the occasion of a war inwhich the Government is not involved, violates

any regulation issued by competent authorityfor the purpose of enforcing neutrality.

Art. 120. Correspondence with hostilecountry. — Any person who in time of war,shall have correspondence with an enemycountry or territory occupied by enemy troopsshall be punished:1 . B y p r i s i o n c o r r e c c i o n a l , i f t h e

correspondence has been prohibited by theGovernment;2. By prision mayor, if such correspondence becarried on in ciphers or conventional signs;and3. By reclusion temporal, if notice orinformation be given thereby which might beuseful to the enemy. If the offender intended toaid the enemy by giving such notice orinformation, he shall suffer the penalty ofreclusion temporal to death.

Art. 121. Flight to enemy country. — Thepenalty of arresto mayor shall be inflicted uponany person who, owing allegiance to theGovernment, attempts to flee or go to anenemy country when prohibited by competentauthority.

Section Three. — Piracy and mutiny onthe high seas

Art. 122. Piracy in general and mutiny

on the high seas. — The penalty ofreclusion temporal shall be inflicted upon anyperson who, on the high seas, shall attack orseize a vessel or, not being a member of itscomplement nor a passenger, shall seize thewhole or part of the cargo of said vessel, itsequipment, or personal belongings of itscomplement or passengers.

The same penalty shall be inflicted in case ofmutiny on the high seas.

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Piracy is now defined and it now included piracywithin Philippine waters and, therefore, is nowdefined as a person or persons other than the crewmembers or passengers - other than the crewmember or passenger - in the high seas or withinPhilippine waters by seizing the vessel or part ofthe vessel. In other words, the piracy now in 122refers to the high seas and Philippine waters.Originally, it was only piracy in the high seas.

Piracy is actually robbery in the high seas. Themeaning of piracy in the high seas or Philippinewaters is simply a crime of robbery, but the robbery





is committed inside the vessel. And you commit thecrime of robbery by seizing the vessel. But you donot call it robbery in the high seas

If the passengers rob a co-passenger that cannotbe piracy under 122 because piracy can only becommitted by outsiders because the law states$persons other than the crew members orpassengers." So if a vessel, therefore, sailing withinPhilippine waters and then that vessel now isattacked by outsiders, they get the cargoes and thebaggage of the passengers are forcibly taken bythose persons, then the crime is piracy in Philippinewaters under Article 122 because it is a crimecommitted by persons other than the crewmembers or passengers.

But if supposing the vessel is sailing withinPhilippine waters and then one of the passengers

poked a gun at a co-passenger or poked a gun atthe captain and then seized the vessel and thenruns away with the equipment of the vessel and thevessel is running or sailing within Philippine waters,committed by a passenger, that cannot be anymorea crime of piracy under the Revised Penal Codeunder Article 122, because Article 122 can only becommitted by persons other than crew members orpassengers.

So, because the crime of piracy is committed by apassenger, then the law that is violated is PD 532because in Presidential Decree 532, the one who

can commit a crime of piracy within Philippinewaters is any person. It does not provide that it canonly be committed by persons other than crewmembers or passengers. So if it is sailing withinPhilippine waters, the offender is an outsider, thenArticle 122. If it is committed by crew member or apassenger sailing in Philippine waters thenPresidential Decree 532.

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Art. 123. Qualified piracy. — The penaltyof reclusion temporal to death shall beimposed upon those who commit any of thecrimes referred to in the preceding article,under any of the following circumstances:1. Whenever they have seized a vessel byboarding or firing upon the same;2. Whenever the pirates have abandoned theirvictims without means of saving themselves;or3. Whenever the crime is accompanied bymurder, homicide, physical injuries or rape.

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Now, if you look at the last circumstance in Article123, where on the occasion of piracy, murder,

homicide, rape or physical injuries are committed,the crime becomes a qualified piracy. The lawrecognizes the commission of those crimes on theoccasion of piracy. Therefore, it becomes a crime ofqualified piracy. There is no such crime as piracywith homicide or piracy with rape.

Why is there is no crime of piracy with homicide orpiracy with rape? This is because the law itselfalready designates the crime that is supposed to bethe proper designation or denomination of thecrime. Ginamit na yung qualified privacy eh . Pagginamit mo na yung qualified before the crime, thenthat means that all of those crimes committed onthe occasion of piracy are already included in theterm $qualified piracy." You do not denominate thecrime as qualified privacy with homicide.Redundant yon. Pag sinabi mong qualified piracy,all those crimes recognized by law to be committed

on the occasion of piracy are already included inthe term $qualified piracy."

Now, if 10 died on the occasion of piracy or even10 are raped on the occasion of piracy, what is thecrime committed? It is still qualified piracyregardless of the number of killings. Now, there arenumber of 15 who are raped, do not change thecrime as qualified piracy because that is a specialcomplex crime. Regardless of the number ofdeaths, regardless of the number of personsinjured, regardless of the number of persons raped,they fall under a single indivisible crime of qualifiedprivacy.

This is different from a complex crime in Article 48where you can use the word multiple or double.Like multiple murder, multiple homicide, doublehomicide, you can use that in Article 48 as acomplex crime. But if it is special complex crime, donot use double or multiple because the crimes ofrape, homicide or physical injuries are not treatedas separate crimes. They are part and parcel of asingle indivisible crime of qualified piracy.

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Title Two

CRIMES AGAINST THE FUNDAMENTALLAWS OF THE STATE

Chapter OneA R B I T R A R Y D E T E N T I O N O REXPULSION, VIOLATIONO F D W E L L I N G , P R O H I B I T I O N ,

INTERRUPTION, ANDD I S S O L U T I O N O F P E A C E F U LMEETINGS AND CRIMES





hours, for crimes or offenses punishable bylight penalties, or their equivalent; eighteen(18) hours, for crimes or offenses punishableby correctional penalties, or their equivalentand thirty-six (36) hours, for crimes, oroffenses punishable by afflictive or capitalpenalties, or their equivalent.

In every case, the person detained shall beinformed of the cause of his detention andshall be allowed upon his request, tocommunicate and confer at any time with hisattorney or counsel._____________________________________

Now, assuming that the policeman is not liable forarbitrary detention and for violation of Republic Act7438 because the he was able to inform the

accused of all his rights and to give them to him,what should the policeman do so that he will not beliable for another crime? The policeman mustdeliver the person arrested to the judicialauthorities within the period provided for by Article125 as amended by Executive Order 272, theAdministrative Code.

The meaning of delivery is to transfer jurisdiction.The meaning there is you transfer the jurisdiction ofthe person arrested to the judicial authorities. Thatis the meaning. And how do you transfer the jurisdiction of the person arrested to the judicial

authorities? You have to file the necessary casewithin the periods of 36 hours, 18 hours, and 12hours. If the is arrested without a warrant, then youhave to bring the person arrested to the fiscal forinquest.

Now, if the inquest fiscal found probable cause tofile the information and the information went tocourt, what will the court do? They will issue awarrant of arrest? They will not anymore. Whyshould he issue a warrant of arrest, arestado nanga eh. What will the court do? Ano nakalimutan

nyo . They will issue a commitment order. May commitment order. A commitment order is oneissued by the court ordering a detention officer toundertake the detention of that prisoner. That is themeaning. So, commitment order, you commit theperson to be detained to a specific detention cell.

If in case the accuse waives the provisions ofArticle 125 of the Revised Penal Code, then thatwaiver should be in writing and with the assistanceof the counsel. That is the provision under RA7438. He cannot waive the provisions of 125 by

himself. Why? Why should he be assisted by acounsel and the waiver should be in writing? Youknow the reason? Because even if the personarrested waives the provision of 125, then he is

actually telling the person"s arresting him that hecan continue detaining him. In other words, if youwaive the provisions of 125, then you can bedetained beyond the periods provided for by 125.It"s like telling the policeman, “Okay, I am waiving125, therefore, you can continuously detain me.”That"s the meaning eh, di ba? Why does he have to

waive 125? Because he might avail of his right towhat? Preliminary investigation.

What is the effect of waiving 125? The effect is thatyou are practically telling the fiscal not to file theinformation yet because you want to respond to thecomplaint filed against you. You want to submitcountervailing evidence to rebut the evidencepresented because you want to prove that thereis no probable cause to file the information. Ifhe is a detention prisoner, by reason of his waiverof the provisions of 125, he cannot yet go out of

prison. He will have to be detained continuouslyuntil the preliminary investigation is terminated._____________________________________

Art. 126. Delaying release. — Thepenalties provided for in Article 124 shall beimposed upon any public officer or employeewho delays for the period of time specifiedtherein the performance of any judicial orexecutive order for the release of a prisoner ordetention prisoner, or unduly delays theservice of the notice of such order to said

prisoner or the proceedings upon any petitionfor the liberation of such person.

Art. 127. Expulsion. — The penalty ofprision correccional shall be imposed upon anypublic officer or employee who, not beingthereunto authorized by law, shall expel anyperson from the Philippine Islands or shallcompel such person to change his residence._____________________________________

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — Thepenalty of prision correccional in its minimumperiod shall be imposed upon any publicofficer or employee who, not being authorizedby judicial order, shall enter any dwellingagainst the will of the owner thereof, searchpapers or other effects found therein withoutthe previous consent of such owner, or havingsurreptitiously entered said dwelling, and being

required to leave the premises, shall refuse todo so.





If the offense be committed in the night-time,or if any papers or effects not constitutingevidence of a crime be not returnedimmediately after the search made by theoffender, the penalty shall be prisioncorreccional in its medium and maximumperiods._____________________________________

There are those persons recognized by law whomay enter the premises of another to seize, arrestsomebody, or seize or confiscate things inside theirdwellings. There are three ways of committing thiscrime.

Number 1: When, not being authorized by judicialorder, you enter a dwelling without the consent ofthe owner. In other words, when you enter thedomicile without the consent of the owner.

Number 2: When there is no prohibition to enter,but once inside the domicile, you startsearching items inside the house.

Number 3: When you enter (surreptitiously)there may be no express prohibition, but once youare inside the owner asked you to leave but youdo not leave.

Violation of domicile should be read together withArticle 280 on trespass to dwelling. You also have

to refer to the aggravating circumstance of dwellingthat you have learned under your Paragraph 3, lastpart of Paragraph 3 of Article 14 because when thedomicile is only is an aggravating circumstance,then there is no crime of violation of domicile. Ifanother crime is committed, but the entry is only ameans of committing the crime, then domicilebecomes dwelling as an aggravating circumstance.

Anyway, so violation domicile, therefore, iscommitted by public officers whose main duty is themaintenance of peace and order. If he is not apublic official contemplated by Article 128, then thecrime will be trespass to dwelling or qualifiedtrespass to dwelling under Article 280 of theRevised Penal Code. So, that"s the counterpartprovision of the violation of domicile. But there willbe some complications later on when we take uprobbery with force upon things._____________________________________

Art. 129. Search warrants maliciouslyobtained and abuse in the service ofthose legally obtained. — In addition to

the liability attaching to the offender for thecommission of any other offense, the penaltyof arresto mayor in its maximum period to

prision correccional in its minimum period anda fine not exceeding P1,000 pesos shall beimposed upon any public officer or employeewho shall procure a search warrant without just cause, or, having legally procured thesame, shall exceed his authority or useunnecessary severity in executing the same.

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Of course you know when a search warrant isissued. The judge personally conducts theexamination of the complainant or his witnesses.The investigation is made by conducting searchingquestions, di ba yun ang requirement. Whensomebody or a police officer applies for a searchwarrant, the basis usually of the issuance of asearch warrant would be the depositions ortestimony of the complainant or his witnesses.Depositions are sometimes called testimony of the

applicants or the witnesses in a search warrant.Because you have to convince the court that thereis a probable cause to issue a search a warrant.The probable cause can only be arrived at after ahearing conducted by the judge based onsearching questions, ! no . Kaya ang judge niyan," dipwedeng magtanong . “O, ikaw ba ito ?” “Opo .”Ikaw ba yung applicant ?” “Opo .” Di ba ikaw ay 24years old ?“Opo .” “Hindi ban ikaw yung nag testify ?“Opo .” “Di ba yung testimony mo positive ?” “Opo.”Hindi ganon ang searching question, panay leadingeh . Maraming judge ngayon na mga tamad eh .

Ginagawa ganon . But actually searching questions,even in your Rule 126, mahirap na trabaho yan ,because it is the judge who is only asking thequestions, walang adverse counsel lang eh, ikawlang mismo ang magtatanong eh . What is yourname? O ilan taon ka na ? Pwede ka lang dito paramag-apply ng search warrant. Bakit ka nagaaply ng search warrant? Drug test ba ito ? O shabu? Anohitsura ng shabu? O asan ang test file? O, i-sketchmo nga ? Saan ka nakapwesto ? San dito ? Yungbahay, anong hitsura ng taong yan, panget ba oguwapo yan ? Ganun ang searching questions. Youhave to establish really that there is a probablecause in the issuance of a search warrant.

Now, if the applicant later on, misrepresentedthemselves. In other words, there are expertwitnesses, yung mga usual paid witnesses. Andthen later, if the court only discovered later thatthey were not actually witnesses in the storage ofillegal items in a particular house, but a searchwarrant was already issued, then those responsiblefor the application of the search warrant will all beliable for violation of Article 129, maliciousprocurement of any search warrant.

Art. 130. Searching domicile withoutwitnesses. — The penalty of arresto mayor





in its medium and maximum periods shall beimposed upon a public officer or employeewho, in cases where a search is proper, shallsearch the domicile, papers or otherbelongings of any person, in the absence ofthe latter, any member of his family, or in theirdefault, without the presence of two witnessesresiding in the same locality._____________________________________

There is a sequence in the order of those whoshould witness.

Ang una, it should be in the presence of therespondents. In the absence of the respondents,those who maybe living in the house. In theabsence of any person living in the house and theabsence of the respondent, then that is the timethat the search warrant shall be observed or

witnessed by two disinterested persons from thecommunity. So, ginalaw ng mga pulis kahit nanadun ang respondent, nandun yun inhabitants ofthe house. Pinapatabi nila tapos kukuha ng barangay captain, mali yon . The witnesses fromoutside will only come in with when there are noinhabitants, there are no respondents. Now, if thereare no respondents, there are no inhabitants, andthere are no witnesses from the community, but thepolicemen still persist in searching the housewithout any witnesses, then they will be liable forviolation of Article 130.

Sect ion Three. — Prohib i t ion,interruptionand dissolution of peaceful meetings

Art. 131. Prohibition, interruption anddissolution of peaceful meetings. — Thepenalty of prision correccional in its minimumperiod shall be imposed upon any publicofficer or employee who, without legal ground,shall prohibit or interrupt the holding of a

peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon apublic officer or employee who shall hinder anyperson from joining any lawful association orfrom attending any of its meetings.

The same penalty shall be imposed upon anypublic officer or employee who shall prohibit orhinder any person from addressing, eitheralone or together with others, any petition tothe authorities for the correction of abuses orredress of grievances.

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Under 131, it covers preventing the holding of apeaceful meeting. This is usually committed bythose who are required under the law to issuepermits to hold meetings in a public place, so apublic officer preventing the holding of a peacefulmeeting. Now if the meeting is held in the private

property, there is no need to get a permit. But whena meeting is held in a public place, then you haveto secure a permit.

Now, the mayor or his assistant or the persondesignated to issue a permit does not like to issuea permit without any justifiable reason, then thepublic officer maybe liable under 131 for preventingthe holding of a peaceful meeting. Now, if ameeting is held already and because there ispermit, then the crime can also be committed bypublic officers who prevent persons from attending

a peaceful meeting or who disturb an ongoingpeaceful meeting, or he stops an ongoing peacefulmeeting.

In other words if the permit is for 10 hours, then onthe 6th hour dinisperse mo na, liable ka na dyan .Or there is a peaceful meeting already granted thenyou prevent others from attending the peacefulmeeting. That is also punishable under 131. Or youdisturb an ongoing, you created noise, anddisturbed an ongoing peaceful meeting. Then youare likewise liable under 131. So that"s the crime in131. Preventing the holding of a peaceful meeting,

prevent other persons from attending a peacefulmeeting, disturb an ongoing peaceful meeting, anddisperse the peaceful meeting before the periodgranted.

Section Four. — Crimes againstreligious worship

Art. 132. Interruption of religiousworship. — The penalty of prisioncorreccional in its minimum period shall be

imposed upon any public officer or employeewho shall prevent or disturb the ceremonies ormanifestations of any religion.If the crime shall have been committed withviolence or threats, the penalty shall be prisioncorreccional in its medium and maximumperiods.

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The problem is that some religious ceremonies arealready held outside of places of religious worship.

Ang situation ng 132 is that you go to church andthen you are a public officer, you disturb ongoingreligious ceremony, probably misa, yon 132 ka . Youwill fall under 132 because you are disturbing a





religious ceremony in the place of a religiousworship.

So the question is supposing it is a religiousceremony conducted outside the place of religiousworship and, therefore, somebody is disturbed.There is an old case involving the Iglesia ni Cristo.

Sabi ng Supreme Court, the law does not applybecause religious worship, you know, those willinclude churches where usually the members of thesect pray. Kasi ang ginawa ng Iglesia ni Cristo, theyinvited people to attend a meeting, some sort ofprayer meeting among the Iglesia ni Cristo. Then apublic officer belonging to another religiondisturbed the ongoing ceremony. Sabi ng SupremeCourt, ano e hindi yan pwede under 132 because ittook place outside, but they could be liable foranother crime, that would be crime of unjustvexation. If there is violence, then it would be grave

coercion. If there is no violence, then than is lightcoercion. So that decision has not yet beenchanged.

But supposing it is committed by private individuals.There was a time in our place, eh, sa loob ngsimbahan , private individual, he shouted, “Sunog !Sunog !” Sinabi niya sa loob ng simbahan . Galit sapari because he was a die-hard Marcos. At thattime, alam mo naman sa Ilocos , Marcos, eh . Galitsa mga pari, mga taga doon . Nagmimisa yung pari .He shouted, “Wag kang maniwala sa pari . Sunog !”Takbuhan yung mga tao .

What case are going to file against him? He is not apublic officer. Then the law that is violated is 153under the last sentence of Article 153. In 153, thelaw provides that if the acts or the offenses are notpunishable under 131 or 132, then the law that isviolated is Article 153 - Tumults and otherdisturba nce of public orders; Tumultuousdisturbance or interruption liable to causedisturbance.

Art. 133. Offending the religious

feelings. — The penalty of arresto mayor inits maximum period to prision correccional inits minimum period shall be imposed uponanyone who, in a place devoted to religiousworship or during the celebration of anyrelig ious ceremony shall perform actsnotoriously offensive to the feelings of the

faithful.

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Yung 133, any person yun eh . Any person

committing the act offensive to the religious feeling.What is offensive to the religious feeling? When wespeak of offensive to the religious feeling, then the

act goes to the very belief. It is an act that goesagainst the very belief or the faith of thosebelonging to that religion.

Like for example, procession. Pag may procession,may nagpatugtog ng malakas na radio habang may procession. Ibang religion nun eh. Sa procession,

naistorbo yung mga nasa procession. Is thatoffensive to the religious beliefs when somebody isdisturbing you like when there is a loud voice orsound or the volume of the stereo is very high and,therefore, it is disturbing the procession? No, that isnot offensive to the religious feeling. That is only acrime of light coercion or what they call unjustvexation. Yung unjust vexation kasi kung wala kangmahanap sa batas , as long as you are not injured,kasi ang unjust vexation, you are not injured. Lahatng pangiinis unjust vexation yan . You kiss a girl onthe cheek and the girl does not like it, as long as it

is not with lewd design, unjust vexation yan,pangiinis. Or you view a lady taking bath inside thetub. Sinisilip mo siya , unjust vexation din yun .Pangiinis yun . But if you kiss a girl with gusto , notonly on the cheek, on the lips, that is acts oflasciviousness. That is not anymore unjustvexation. Ang unjust vexation not attended with anylewd design – that"s the meaning. Pangiinis lang e.

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter OneR E B E L L I O N , S E D I T I O N A N DDISLOYALTY

Art. 134. Rebellion or insurrection; Howcommitted. — The crime of rebellion orinsurrection is committed by rising publicly andtaking arms against the Government for thepurpose of removing from the allegiance tosaid Government or its laws, the territory of the

Philippine Islands or any part thereof, of anybody of land, naval or other armed forces,depriving the Chief Executive or theLegislature, wholly or partially, of any of theirpowers or prerogatives. (As amended by R.A.6968).

Article 134-A. Coup d'etat; Howcommitted. — The crime of coup d'etat is aswift attack accompanied by violence,intimidation, threat, strategy or stealth, directed

against duly constituted authorities of theRepublic of the Philippines, or any militarycamp or installation, communications network,





public utilities or other facilities needed for theexercise and continued possession of power,singly or simultaneously carried out anywherein the Philippines by any person or persons,belonging to the military or police orholding any public office of employmentwith or without civil ian support orparticipation for the purpose of seizing ordiminishing state power. (As amended byR.A. 6968).

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It may be committed even if no arms are takenagainst the Government – it can be committedsurreptitiously. Surreptitiously. There is no need ofany firearms as long as there is a swift attack

Purpose is to curtail the powers of the government

So, it is not actually taking over, unlike in the crimeof simple rebellion, which may involve the takingover in whole or in part of the government. This oneis to diminish the power of the State. But the lawenumerates what could be the facilities that shouldbe the subject matter of the swift attack. Militaryinstallations, camps, police station, all of theseinstallations including public utilities.

What about in the Oakwood? The subject matter isa hotel. The soldiers were inside the hotel. It is nota military instillation. It is not a military facility. It isnot a public utility. we have to look at the motive ofthe soldiers. If it is a political motive, then we couldsay that it is a coup d"etat. But the law enumeratesthe facilities that should be the subject matter ofcoup d"etat. So, it is no longer important? Becausethe subject matter of the coup d"etat is a hotel? wereally have to look at the motive of the soldiers. It ismore on the purpose rather the one that isattacked.

It cannot be initiated by civilians, but civilians CANcommit it with men in uniform if initiated by thosemen.

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Art. 135. Penalty for rebell ion,insurrection or coup d'etat. — Any personwho promotes, maintains, or heads rebellion orinsurrect ion shall suffer the penalty ofreclusion perpetua.Any person merely participating or executingthe commands of others in a rebellion shallsuffer the penalty of reclusion temporal.Any person who leads or in any manner

directs or commands others to undertake acoup d'etat shall suffer the penalty of reclusionperpetua.

Any person in the government service whoparticipates, or executes directions orcommands of others in undertaking a coupd'etat shall suffer the penalty of prision mayorin its maximum period.Any person not in the government service whoparticipates, or in any manner supports,finances, abets or aids in undertaking a coupd'etat shall suffer the penalty of reclusiontemporal in its maximum period.When the rebellion, insurrection, or coup d'etatshall be under the command of unknownleaders, any person who in fact directed theothers, spoke for them, signed receipts andother documents issued in their name, asperformed similar acts, on behalf or the rebelsshall be deemed a leader of such a rebellion,insurrection, or coup d'etat. (As amended by

R.A. 6968, approved on October 24, 1990).__________________________________

Under the old provisions in Article 135, there usedto be phrase there, under the old 135, you will findthere the penalty of rebellion. Nakalagay ang penalty. The penalty of rebellion in so far as theleaders are concerned, the penalty of prision mayor including commission of serious violence anddestruction of property. In other words, if you are aleader and then you commit the crime of rebellionthen you commit serious violence or damage to

property, whatever violence or damage to propertycommitted, then the penalty is only one. And that isprision mayor under the old law. So, that justifiesthe ruling that there is no such crime of rebellioncomplexed with murder because that provisionallows the absorption of other crimes committed onthe occasion of rebellion. But that phrase is notanymore included there. That has been removed inArticle 135 when there was an amendment. Sowhat is the effect of removing that phrase? Theremay now be a crime of rebellion complexed withmurder.

__________________________________Art. 136. Conspiracy and proposal tocommit coup d'etat, rebellion orinsurrection. — The conspiracy andproposal to commit coup d'etat shall bepunished by prision mayor in minimum periodand a fine which shall not exceed eightthousand pesos (P8,000.00).The conspiracy and proposal to commitrebellion or insurrection shall be punishedrespectively, by prision correccional in its

maximum period and a fine which shall notexceed five thousand pesos (P5,000.00) andby prision correccional in its medium period





and a fine not exceeding two thousand pesos(P2,000.00). (As amended by R.A. 6968,approved October 24, 1990).

Art. 138. Inciting a rebellion orinsurrection. — The penalty of prisionmayor in its minimum period shall be imposed

upon any person who, without taking arms orbei ng in ope n hos t i l i ty aga inst theGovernment, shall incite others to theexecution of any of the acts specified in article134 of this Code, by means of speeches,proclamations, writings, emblems, banners orother representations tending to the same end.(Reinstated by E.O. No. 187).

__________________________________Proposal to commit rebellion v. Inciting tocommit rebellionThe main difference is that in a proposal to commit

rebellion, there is no public meeting and suchproposal is done in private as against in inciting torebellion when the leader is inciting the memberswho attended the meeting in a public place.

In Proposal to Commit Rebellion, no one hasactually committed rebellion. In Inciting to Rebellionhe is not yet in the act of committing a crime ofrebellion in inciting to rebellion. So, in other words,he just merely delivered a speech, for example,inciting the people to commit the crime of rebellion.He is not in the actual commission of the crime of

rebellion. Why? The one proposing is not in theactual commission of the crime of rebellion, but heis inciting people to commit the crime of rebellion.Why? Because you will not anymore be liable forinciting to rebellion. You may become a principal toinducement. If there is already an ongoing rebellionand then you incite people to commit the crime ofrebellion, you are already a principal in thecommission of the crime of rebellion. You may be aprincipal to inducement because rebellion is acontinuing offense. So if you are not in the act ofcommitting a crime of rebellion and then you"reinciting the people, then that inciting is already part

of the commission of the crime of rebellion. Unlikein the crime of proposal, yung proposal, youproposed and then later on you decide.

Coup d"etatInciting to commit the crime of coup d"etat, there"sno such crime. But proposal to commit the crime ofcoup d"etat, meron yan . Proposal and conspiracy tocommit the crime of coup d"etat and simplerebellion, pwede yon , but not the inciting to commita crime of coup d"etat. Bakit ? Meron bang men inuniform inviting everybody to commit the crime of

coup d"etat? It

"s impossible. It is always done

surreptitiously.

Coup d"etat v. Rebellionthe essence of the crime of coup d"etat is a swiftattack; rebellion is a public uprising and taking uparms. Secondly, sir, the persons who commit thecrime of coup d"etat must be initiated by militarymen or public officers or persons in authority.Unlike in rebellion where there in no such particular

provision in any group of person who can commit acrime of rebellion. Next, sir, is that a rebellion mustbe committed by a multitude of men, unlike in coupd"etat where an a single military officer or group ofmilitary officers, with or without civilian authority,may commit the crime of coup d"etat

The target in coup d"etat is against constitutedauthority or military installations or other facilities.Unlike in rebellion where there is no such conditionand the purpose for rebellion is either to (1) depriveor prevent the exercise of the government of any of

its powers or prerogatives or take away anyterritory from the National Government in whole orin part. Unlike in coup d"etat where the purpose ofcommitting is to diminish or seize a power, suchthat even if they do not seize power as long asthey diminish, that"s already crime of coup d"etat.

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Art. 137. Disloyalty of public officers oremployees. — The penalty of prisioncorreccional in its minimum period shall beimposed upon public officers or employees

who have failed to resist a rebellion by all themeans in their power, or shall continue todischarge the duties of their offices under thecontrol of the rebels or shall acceptappointment to office under them. (Reinstatedby E.O. No. 187).

Art. 139. Sedition; How committed. —The crime of sedition is committed by personswho rise publicly and tumultuously in order toattain by force, intimidation, or by other means

outside of legal methods, any of the followingobjects:1. To prevent the promulgation or execution of

any law or the holding of any popularelection; 2. To prevent the NationalGovernment, or any provincial or municipalgovernment or any public officer thereoffrom freely exercising its or his functions, orprevent the execution of any administrativeorder;3. To inflict any act of hate or revenge uponthe person or property of any public officer

or employee;4. To commit, for any political or social end,any act of hate or revenge against private





persons or any social class; and5. To despoil, for any political or social end,any person, municipality or province, or theNational Government (or the Government ofthe United States), of all its property or anypart thereof.

Art. 141. Conspiracy to commitsedition. — Persons conspiring to committhe crime of sedition shall be punished byprision correccional in its medium period and afine not exceeding 2,000 pesos. (Reinstatedby E.O. No. 187).

Art. 142. Inciting to sedition. — Thepenalty of prision correccional in its maximumperiod and a fine not exceeding 2,000 pesosshall be imposed upon any person who,without taking any direct part in the crime ofsedit ion, should incite others to theaccomplishment of any of the acts whichconstitute sedition, by means of speeches,proclamations, writings, emblems, cartoons,banners, or other representations tending tothe same end, or upon any person or personswho shall utter seditious words or speeches,write, publish, or circulate scurrilous libelsagainst the Government (of the United Statesor the Government of the Commonwealth) of

the Philippines, or any of the duly constitutedauthorities thereof, or which tend to disturb orobstruct any lawful officer in executing thefunctions of his office, or which tend toinstigate others to cabal and meet together forunlawful purposes, or which suggest or inciterebellious conspiracies or riots, or which leador tend to stir up the people against the lawfulauthorities or to disturb the peace of thecommunity, the safety and order of theGovernment, or who shall knowingly conceal

such evil practices. (Reinstated by E.O. No.187).

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Sedition is not only public uprising, it"s not onlycommotion, legal yan eh . Every citizen has the rightto ventilate his gripe against the government. Thatis your right. So, if you are not satisfied with theComelec, it is your right to ventilate your gripeagainst Comelec because they do not know how tocount votes. It is also your right to question thecapability or the competence of the members of the

Comelec. Right ng citizen yan, eh . Now, if thegovernment office is not performing well, then it is aright to question the way it is being run. Right moyan eh . But you went over your right. O, yun ang

purpose ng sedition. Because there is no taking upof arms against the government. If there is takingup arms against the government, then it is notsedition. Actually, sedition is when you go beyondwhat is required of you as a citizen to ventilate yourgrievances against the government.

There is no crime of Proposal to CommitSeditionProposal yun, just the two of us. I"m just proposingto you. We will not pay our taxes, lahat lahat. Isthere any harm to the government? None. Becausethat is freedom of speech. You are protectedbecause there is no valid crime against thegovernment. So anything that will be done topropose or to propose rather, it"s not a crime,because that"s part of freedom of speech. That isyour right. But supposing the proposal is nowaccepted. Inaccept mo na ngayon . In the

Department of Education, we will create acommotion. We will create trouble was there. Wewill disturb them. We will create public uprising. Wewill burn tires and create human barricades and soon.

Inciting to Sedition v. Inciting to Rebellion

Inciting to sedition is broader than the crime ofinciting to rebellion. Oo, broader ang inciting tosedition because inciting to sedition even includesscurrilous libels committed against the government.In inciting to commit the crime of rebellion, what doyou do is that you shout to those who are listening,

and then you tell them to commit a crime ofrebellion by telling them, “we will over throw thisgovernment, we will arm ourselves. We will have apublic uprising. The government is not good inanything.” Yun ang – you mentioned the elementsof the rebellion. But in the crime of inciting tosedition, of course, that is also one way ofcommitting a crime of inciting to sedition. Youannounce publicly that you"re inviting everybody to join in a crime of sedition as long as the proponentor the one who is delivering this is not himselfinvolved in the crime of sedition. That"s a clear

provision in 142. Okay. But the law says even thescurrilous libel is committed in the crime ofsedition. It is not merely telling the people toprevent a holding of a national election or preventthe nat iona l government or a l l o r i t sinstrumentalities in their performing their duties bycreating public uprising or in a tumultuous way, diba ?

Scurrilous Libel

parang ano yan , you made falsities in yourpronouncements. Masamang gobernador ito , i-

nispend lahat para sa pambabae , mga ganito.Walang ginawa ang gobernador kundi magnakaw,walang mabuting sinabi . All bad things are uttered.





Yun ang scurrilous libel, Sumosobra ba. But ofcourse, it should be accompanied with seditiouswords not merely scurrilous libel because it ismerely saying that all the government is bad, walayun . But if you say, “Masama ang gobernador,palitan natin ito, huwag natin pagtrabahuin dito,gago ito,” pero hindi naman totoo, that is inciting to

sedition.

Inciting to Sedition in relation to Art 153what is punished in 153, 154, 155 is the publicdisturbance or public disorder sa 153, which isseparate from the crime of inciting to sedition orinciting to rebellion.

In inciting to sedition or inciting to rebellion,there is no need of those who are listening tobe actually excited because what is punished ininciting to sedition and inciting to rebellion is

the act of inciting the listeners to the crime ofrebellion or sedition. Dyan sa 153, 154, 155, whatis punished is the public disorder. So, if you incitethe people to commit the crime of rebellion orsedition, and then the people are actuallyexcited, ngapalakpakan sila, nagsigawan lahatsila, lahat-lahat yan, 153 ang punishable. That is153 because there is a difference. The otherdifference is that, the crime of inciting to seditionand inciting to rebellion, the purpose of thespeaker is very clear from the very beginning.So, if you go there, you are the audience, you wantto listen, and you go there, you know already what

to expect from the speaker. Hindi ka namanmagaattend dun kung hindi mo alam ang purposeeh, d iba? So, probably everybody is invited in themeeting then we will listen to the speech of JomaSison or sila Buscayno and the others, you know,those NPA leaders. You expect what speech willdelivered, di ba? Pag nagsalita sila, - actually,they"re not involved in rebellion, they are notinvolved in sedition. The moment that they incitepeople to commit the crime of rebellion or seditioneven if the listeners do not create any noise,inciting na yun .

Now, in a public outcry under 153, the audience,those who joined, listeners, they do not know.They are going to listen from the speakerprobably they will talk about love stories in amovie or bomba stars, so madaming mga lalakidun eh . Pag-uusapan pala eh, movies and thenthey deliver the speech, they start the speech withmovies and then later on iba na ang sinasabi . Let"soverthrow of the Government. Let"s arm ourselves,di ba? And then, the listeners will now say “Sigebomba! Sige tira!” yun ang 153 . What is now

punishable is, aside form the speech, thecommotion because the requirement istumultuous or public disturbance. Yun ang 153to differentiate it from inciting to sedition.

Ganun ang diperensya nun . But in inciting tosedition and inciting to rebellion, the people are notreally excited. What is punished is the act ofinciting. The one who is committing the crime is theone who is delivering the speech.

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Art. 140. Penalty for sedition.

Chapter TwoC R I M E S A G A I N S T P O P U L A RREPRESENTATION

Section One. — Crimes againstlegislative bodies and similar bodies

Art. 143. Act tending to prevent the

meeting of the Assembly and similarbodies. — The penalty of prision correccional or

a fine ranging from 200 to 2,000 pesos, or both,shall be imposed upon any person who, by force orfraud, prevents the meeting of the NationalAssembly (Congress of the Philippines) or of any ofits committees or subcommittees, constitutionalcommissions or committees or divisions thereof, orof any provincial board or city or municipal councilor board. (Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. —

The penalty of arresto mayor or a fine from 200 to1,000 pesos shall be imposed upon any personwho disturbs the meetings of the NationalAssembly (Congress of the Philippines) or of any ofits committees or subcommittees, constitutionalcommissions or committees or divisions thereof, orof any provincial board or city or municipal councilor board, or in the presence of any such bodiesshould behave in such manner as to interrupt itsproceedings or to impair the respect due it.(Reinstated by E.O. No. 187).

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143, and 144, you read these two articles togetherwith 131, 132, 153. Why? Because in Article 131,the crime is committed by public officers if theyprevent the holding of a peaceful meeting or whenthey prevent a person from attending a peacefulmeeting. In 132, it refers to acts of public officers inpreventing or disturbing a holy or religiousceremony in a place of religious worship. But if theoffenders are not public officers, then you knowthat 153 is the one violated, di ba? If the acts donot fall under 131 or 132, then is a law that isviolated is 153.

You go now to 143 and 144. When you prevent theholding or prevent or disturb the ongoing





investigation or session of Congress or anyLegislative body - that means provincial board orcity or municipal board, then the law that is violatedis 143 and 144 of the Revised Penal Code. So, youdisturb an ongoing investigation or meeting or youprevented or you disturb… If you prevent, 143. Ifyou disturb, 144. Specifically applicable only to

those that enact our laws, whether provincial board,municipal board, city board or Congress or Senate.

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S e c t io n T wo . — V i o l a t io n o fparliamentary immunity

Art. 145. Violation of parliamentaryimmunity. — The penalty of prision mayor shall

be imposed upon any person who shall use force,intimidation, threats, or fraud to prevent any

member of the National Assembly (Congress of thePhilippines) from attending the meetings of theAssembly (Congress) or of any of its committees orsubcommittees, constitutional commissions orcommittees or divisions thereof, from expressinghis opinions or casting his vote; and the penalty ofprision correccional shall be imposed upon anypublic officer or employee who shall, while theAssembly (Congress) is in regular or specialsession, arrest or search any member thereof,except in case such member has committed acrime punishable under this Code by a penaltyhigher than prision mayor.

Chapter ThreeI L L E G A L A S S E M B L I E S A N DASSOCIATIONS

Art. 146. Illegal assemblies. — Thepenalty of prision correccional in its maximumperiod to prision mayor in its medium periodshall be imposed upon the organizers orleaders of any meeting attended by armedpersons for the purpose of committing any of

the crimes punishable under this Code, or ofany meeting in which the audience is incited tothe commission of the crime of treason,rebellion or insurrection, sedition or assaultupon a person in authority or his agents.Persons merely present at such meeting shallsuffer the penalty of arresto mayor, unless theyare armed, in which case the penalty shall beprision correccional.

If any person present at the meeting carries an

unlicensed firearm, it shall be presumed thatthe purpose of said meeting, insofar as he isconcerned, is to commit acts punishable under

this Code, and he shall be considered a leaderor organizer of the meeting within the purviewof the preceding paragraph.As used in this article, the word "meeting" shallbe understood to include a gathering or group,whether in a fixed place or moving.(Reinstated by E.O. No. 187)._________________________________________

Dalawang punished dun to make it punishable.One, is the meeting of armed men because if it is ameeting of an unarmed men, walang crime yun,kahit ano pagusapan nati, kahit na i-rape natinlahat ng mga babae sa mundo. Unarmed naman e,walang crime yun. So, what makes it a crime ofillegal assembly in 146, dalawang requirementsdun . One, a meeting of armed men and numbertwo, for the purpose of committing an actpunishable under our laws. Iyon. Iyon ang purpose

nun. But if it is a meeting merely of unarmed menand they are trying to commit a crime of conspiracy,to commit a crime of robbery or conspiracy tocommit a crime of rape, walang crime yun becausethey are not armed. But if the purpose is to commita crime and they are armed then they will be liable.Those who attend the meeting who are not armedwill, likewise, be liable, but the penalty will belesser. Yung armed at saka unarmed liable yunkaya lang yung unarmed mas mababa ang penalty.

Illegal Assembly v. Brigandage

Now, on that 306 of the Revised Penal Codewhether a friend, immediate members of a band -armed band. Because band is composed of at leastfour armed men and the purpose of the meeting isto commit a crime of highway robbery or to extort ordemand ransom, ang crime dyan is 306, brigandsyan . In other words, if the armed men are attendinga meeting for specific purpose or purposes of eitherrobbery, to extort money or ransom, hindi 146 angpunishable dun . What is punishable is Article 306because it is specified in the purpose of themeeting. But if the meeting, the purpose is notspecified, therefore, if it is a meeting of armedmen it is specified, but it does not involvehighway robbery, ransom or extort money thenthe crime that is committed is 146.

Now, if however, there are only three armed men –three armed men for the purpose of committing thecrime of kidnapping for ransom or highway robberyor extort money, then that is also a crime of 146,illegal assembly. Why? That cannot be a crime ofbrigandage because there must be at least fourarmed men. The way it was phrased, it was a crimeof conspiracy of committing the crimes. Pero ang

sabi nila there is no crime because conspiracy tocommit the crime of kidnapping for ransom is not acrime. $Yan ang sagot, eh. But there are specific





crimes under the law. What is punished is not theconspiracy, but the meeting of armed men for thepurpose of committing a violation of the law, di ba?Don sa brigandage naman, committed by a band,therefore, four armed men for the purpose ofkidnapping for ransom, to extort money. Hindi yungconspiracy ang punishable dun, because there is

also such a crime as conspiracy to commit thecrime of highway robbery. What is punishable is themeeting of armed men and for that purpose._________________________________________

Art. 147. Illegal associations. — The penaltyof prision correccional in its minimum andmedium periods and a fine not exceeding1,000 pesos shall be imposed upon thefounders, directors, and presidents ofassociations totally or partially organized forthe purpose of committing any of the crimes

punishable under this Code or for somepurpose contrary to public morals. Meremembers of said associations shall suffer thepenalty of arresto mayor. (Reinstated by E.O.No. 187)._________________________________________

The 147 is legal associations. What is punished isthe purpose. You form an association for thepurpose of prostitution, naku! Or you form anassociation for the purpose of child abuse. What ispunished there is the purpose. So, only the

organizers and those who form an association arel i a b l e . Y u n a n g p u r p o s e d u n ._____________________________________

Chapter FourASSAULT UPON, AND RESISTANCEAND DISOBEDIENCETO, PERSONS IN AUTHORITY ANDTHEIR AGENTS

Art. 148. Direct assaults. — Any person orpersons who, without a public uprising, shall

employ force or intimidation for the attainmentof any of the purpose enumerated in definingthe crimes of rebellion and sedition, or shallattack, employ force, or seriously intimidate orresist any person in authority or any of hisagents, while engaged in the performanceof official duties, or on occasion of suchperformance, shall suffer the penalty ofprision correccional in its medium andmaximum periods and a fine not exceedingP1,000 pesos, when the assault is committed

with a weapon or when the offender is a publicofficer or employee, or when the offender layshands upon a person in authority. If none of

these circumstances be present, the penalty ofprision correccional in its minimum period anda fine not exceeding P500 pesos shall beimposed.

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There are two ways of committing the crime ofdirect assault. The first one is when the purpose ispolitical in order to achieve the purposes ofrebellion or sedition. The other crime of directassault is that when a person in authority or any ofthe persons in authority is assaulted or attacked inthe performance of their duties or on the occasionon the performance of their duties, di ba?

So, if the purpose is political and, therefore, there isno public uprising, there is no taking up armsagainst the Government and there is no swiftattack, the crime committed is direct assault underthe first part of Article 148.

And then under the second part of 148, when aperson in authority or agents of persons in authorityis attacked, then the crime is direct assault - “byreason or on the occasion of the performance of hisduty or while in the performance of his duty.” $Yunang ano – yun ang direct assault, the second form.

Mr. A is a judge. Judge si Mr. A. While he was in theperformance of his duty, he was assaulted. Then aprivate individual – private individual comes to the

aid of the judge, so both of them – both of themwere assaulted. So Mr. A while a judge, while he ison the performance of his duties, nagbinigay ngorder binato. Nung binato yun judge na yon,babatuhin uli, mayrong private individual whoprevented the person who was throwing somethingat the judge. So, nung imbes na binato sa judge, pati ikaw *pak * pinukpok sa ulo. ! Yung privateindividual who was going to the aid of the person inauthority. What crime was being committed or whatare the crimes committed. Anong type of crimescommitted?

If a person in authority is assaulted, a person or anagent of the person in authority is assaulted whileon the performance of their duties, the crime isqualified direct assault, qualified direct assault,because they"re assaulted while in the performanceof their duties. But if they are assaulted by thereason of the performance of duty and then thecrime becomes only direct assault. Like what? Or a judge in the market, he is buying food for the family.So, here comes a losing litigant, he saw the judgesabi, “Ay ikaw nagpatalo sa akin ha?” Tapos

sinampal nya, sinuntok nya ung judge. Anong crime ! yun ? Is that a direct assault? Yes. Because he isassaulted by reason of his being a judge. He wasassaulted by a losing litigant. Then, therefore, he





assaulted him because he lost a case before the judge. That is still a crime of direct assault becausehe was hit by reason of the performance of hiswork as a judge. But the crime there is directassault. Because he was not assaulted at the timeof the performance of the duties of being judge.

Now, the difference, however, between directassault of an agent of a person in authority. Thepoliceman and a judge, pag sinabi mong directassault sa police, then the attack must be moreserious than the attack of a person in authority. Pagang judge, sinampal mo yan , ginanun mo langyung judge or kinabig mo lang, eh medyo malakaseh hindi naman nasaktan ng todo. Ano yan, directassaul t yan because he is a person inauthority.Kapag police ! yan, it should be more thanthat. Talagang physical attack ang kailangan sapolice because he is an agent of person in

authority. That"s why under Article 150 or 151, thecrime of disobedience – disobedience or resistance

that is a separate crime. Separate from the crimeof direct assault committed against agents ofperson in authority.

DEGREE OF RESISTANCE IN RELATION TODISOBEDIENCE

Let"s say yung police, ano ha? Inisyuhan ka ngwarrant of arrest. So, the judge orders a policemanto serve a warrant of arrest. If the person arrestedresists – resisted without any physical attack, heresisted. Ayaw ko. Pinu- push mo na ang pulis.Tinutulak nya ang pulis, that cannot become adirect assault. Why? Because the attack is not yettoo serious. He, the person being arrested or theperson who resisted, will be liable only for simpleresistance or disobedience. But if the warrant isserved and he did not just push the police, sinuntoknya ang pulis na ! yun. Pinagsusuntok nya angpulis, direct assault na ! yun. Direct assault na ! yun.But kung ang judge yan sumita sayo, “Hoy! Maliang ginagawa mo sa husgado.” ! Yun tapossinampal mo ang judge direct assault agad ! yun.Qualified direct assault? Why? Because when it

comes to a person in authority, the attack need notbe serious unlike with a crime committed against apoliceman. Of course, natural eh pulis lang yan eh .Ako, justice tayo eh . Lagot ka , di ba?

IN RELATION TO TEACHERS

The professor was courting a lady student. Thatlady student was also being courted by anotherstudent. So, after classes, si professor wasassaulted by that student who was courting alsothat student. Ano ang crime? May crime dun but itis not direct assault Why? Because even though he

is a teacher the purpose of the assault was not dueto being a teacher. The assault must havesomething to do of his being a teacher. Personal

! yun eh. But supposedly the teacher conductingwas classes. The purpose of the assault by thestudent is that – he is courting the student becausethat means he is courting that student and thatstudent was also… And then he threw a book thathit the face of the professor, and then beat him.Anong crime ! yun ? Physical injuries? Alam nyo ! yun, nung tinanong sa bar exams yan, we weredivided. Dalawang answers ang prinopose namin.Kasi , if the purpose is personal, then there is noneed to apply Article 152 because a teacher in aprivate institution, nakalagay dun, ! di ba? Sabi nila physical injuries. ! Yung isang group naman sabi direct assault. Bakit direct assault? Because youapply the general principle, eh . When the person inauthority is being assaulted, dapat regardless ofthe purpose.

So, therefore, by analogy, if a teacher in a private

institution is teaching, and he is stoned orassaulted by any of the students, that should bedirect assault. Why? Because you do not needanymore to determine what is the purpose, eh .Because under the law, direct assault is committedwhen the person in authority or agents of person inauthority is attacked or assaulted while in theperformance of his duties. Hindi sinasabi dun kung by reason of the office o hindi . So, therefore, if theteacher is directly is conducting classes, whateveris the purpose of the one who is attacking him, if heis attacked on the occasion of his performance, thatis direct assault. Eh ! yun ang dapat mag -prepare

ng question and answer na direct assault. Butthere"s no – there"s no case. So, sabi namin, sige,consider na lang dalawang answer. Kung iyan angtinuro mo dun sa kabilang school, ! yun. Sa kanilanaman ito tinuturo namin. Dalawa, correct, ! di ba?But it should be really direct assault because it wasdone in the performance of his duties.

IN RELATION TO LAWYERSOkay. Now, the other one also is lawyer. ! Yung lawyer mo ayaw mo saktan . The law does notmake a distinction as to who is the assaulted

lawyer. It"s either the opposing party or your ownclient, basta may reason. Pwede ! yun. Krinos -examine nila ! yung witness ng adverse party.Nagalit, nabastos. ! Pag labas sa husgado, sinuntokniya ! yung lawyer. The one who is committing thecrime is the opposite party. Direct assault ! yun . Butsupposing it is his own client, masyadong mataasmaningil ng kliyente. Sinuntok ng kliyente. Directassault pa rin because the law does not make adistinction as who should be committing the crimeas long as it is by reason of his being a lawyer.

COMPLEXING DIRECT ASSAULTCan it be complexed? Can direct assault becomplexed with other crimes? Yes, under Article





48. If the attack is already more than the requiredviolence in the crime of direct assault and thenthere is already an intent, not actually intent, but isalready more than what is required of a crime ofdirect assault, it may become direct assault withattempted or frustrated homicide or murderdepending upon the commission of the crime.

Binaril mo! yung judge while in the performance of

his duties. If the judge almost died, if the firing ofthe gun was attended by any, qualifying,aggravating circumstance and loss of life, then youtry to denominate the crime as qualified directassault with frustrated or attempted murderbecause the assault is already more than therequired element of direct assault. The violencecommitted against the person in authority is alreadymore than what is required by the law.

Eh, ! yung police o kung ! di naman, namatay ! yung

pulis o!

yung person in authority. Then, you canalso complex that crime under Article 48. It may bedirect assault with murder or direct assault withhomicide or qualified direct assault with murder orqualified direct assault with homicide. It depends,pag namatay ! yan, sigurado ka Article 48 angmagaaply dyan and it will be complex. What I amsaying is that if the injury sustained already morethan sufficient for the crime or required of the crimeof direct assault, then it will become attempted orfrustrated as long as you can show that there is anintent to kill. Syempre kung binaril mo, may intentto kill na ! yun.? Baka kung ano pa ang gawin.

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Art. 149. Indirect assaults. — The penaltyof prision correccional in its minimum andmedium periods and a fine not exceedingP500 pesos shall be imposed upon any personwho shall make use of force or intimidationupon any person coming to the aid of theauthorities or their agents on occasion of thecommission of any of the crimes defined in thenext preceding article.

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A is a policeman. He was assaulted, then later on,B, a private individual, came to the aid of Mr. A.Both of them were assaulted. Police ito , policeman.The policeman was directing traffic. The bystanderdid not like the policeman. A was directing traffic, sohe was assaulted. B bystander, came to the aid ofthis policeman. B was likewise assaulted. What"sthe crime committed?Then the crime is indirect assault. So, this onewould be Article 149. So, therefore, in 149 the only

victim now in 149 is a private individual coming tothe aid of agents of person in authority. The privateindividual coming to the aid of agent of person in

authority is a crime of indirect assault. But aprivate individual who comes to the aid of a personin authority, because he becomes an agent of aperson in authority, if he is likewise assaulted, thenliable for violation of Article 148.

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Art. 150. Disobedience to summonsissued by the National Assembly, itscommittees or subcommittees, by theConstitutional Commissions, itscommit tees, subcommit tees ordivisions. — The penalty of arresto mayor ora fine ranging from two hundred to onethousand pesos, or both such fine andimprisonment shall be imposed upon anyperson who, having been duly summoned toattend as a witness before the National

Assembly, (Congress), its special or standingcommit tees and subcommit tees, theCons t i tu t ion a l Commiss ions and i tscommittees, subcommittees, or divisions, orbefore any commission or committee chairmanor member authorized to summon witnesses,refuses, without legal excuse, to obey suchsummons, or being present before any suchlegislative or constitutional body or official,refuses to be sworn or placed underaffirmation or to answer any legal inquiry or to

produce any books, papers, documents, orrecords in his possession, when required bythem to do so in the exercise of their functions.The same penalty shall be imposed upon anyperson who shall restrain another fromattending as a witness, or who shall inducedisobedience to a summon or refusal to besworn by any such body or official.

Art. 151. Resistance and disobedienceto a person in authority or the agents of

such person. — The penalty of arrestomayor and a fine not exceeding 500 pesosshall be imposed upon any person who notbeing included in the provisions of thepreceding articles shall resist or seriouslydisobey any person in authority, or the agentsof such person, while engaged in theperformance of official duties.When the disobedience to an agent of aperson in authority is not of a serious nature,the penalty of arresto menor or a fine rangingfrom 10 to P100 pesos shall be imposed upon

the offender.





Art. 152. Persons in authority andagents of persons in authority; Whoshall be deemed as such. — In applyingthe provisions of the preceding and otherarticles of this Code, any person directlyvested with jurisdiction, whether as an

individual or as a member of some court orgovernmental corporat ion, board, orcommission, shall be deemed a person inauthority. A barrio captain and a barangaychairman shall also be deemed a person inauthority.

A person who, by direct provision of law orby election or by appointment bycompetent authority, is charged with themaintenance of public order and theprotection and security of life and property,

such as a barrio councilman, barrio policemanand barangay leader and any person whocomes to the aid of persons in authority,shall be deemed an agent of a person inauthority.

In applying the provisions of Articles 148 and151 of this Code, teachers, professors andpersons charged with the supervision of publicor duly recognized private schools, collegesand universities, and lawyers in the actual

performance of their professional duties or onthe occasion of such performance, shall bedeemed persons in authority. (As amended byPD No. 299, Sept. 19, 1973 and BatasPambansa Blg. 873, June 12, 1985)._____________________________________

Now, persons in authority, pag sinabi mong vestedwith jurisdiction, their acts can be implemented orenforced within their area of jurisdiction likemayors. Yung agents of persons in authority, yungmga police, agents, military, military men, and all

those that implement or those who execute theorders of persons in authority are agents ofpersons in authority.But the problem is that a private individual maybecome an agent of person in authority. A privateindividual who comes to the aid of the person inauthority becomes an agent of a person inauthority. So, the private individual who comes tothe aid of a person in authority becomes, likewise,an agent of a person in authority.

Sinabihan ka nya, bayaran mo ako. Sabi ng

cliyente, “Masyado namang mataas attorney. Itoang kailangan mo.” *Pak *. Sinuntok nya angabogado, direct assault ! yun . Because a lawyer, for

purposes of his being a lawyer, and the exercise ofhis being a lawyer is assaulted or attacked, he islikewise a person in authority.

So, there are, therefore, several persons inauthority:1) Public officials.

2) Yung mga baranggay chairman included yan by specific provision in 152.3) Teachers in private institutions and lawyers in sofar as if they"re assaulted by the reason of theirbeing a lawyer. Persons in authority yun.4) Then the other group of authorities will be agentsof persons in authority divided lang into two groups.$Yung public officers tasked to maintain peace andorder, and the other agents of persons in authorityare private individuals who come to the aid ofpersons in authority.

Chapter FivePUBLIC DISORDERS

Art. 153. Tumults and other disturbanceof pub l ic orders ; Tumul tuousdisturbance or interruption liable tocause disturbance. — The penalty ofarresto mayor in its medium period to prisioncorreccional in its minimum period and a finenot exceeding 1,000 pesos shall be imposedupon any person who shall cause any serious

disturbance in a public place, office, orestablishment, or shall interrupt or disturbpublic performances, functions or gatherings,or peaceful meetings, if the act is not includedin the provisions of Articles 131 and 132.The penalty next higher in degree shall beimposed upon persons caus ing anydisturbance or interruption of a tumultuouscharacter.The disturbance or interruption shall bedeemed to be tumultuous if caused by more

than three persons who are armed or providedwith means of violence.The penalty of arresto mayor shall be imposedupon any person who in any meeting,association, or public place, shall make anyoutcry tending to incite rebellion or sedition orin such place shall display placards oremblems which provoke a disturbance of thepublic order.The penalty of arresto menor and a fine not toexceed P200 pesos shall be imposed uponthese persons who in violation of the

provisions contained in the last clause ofArticle 85, shall bury with pomp the body of aperson who has been legally executed.





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Now the others, public outcry in 131, 132. If theacts do not fall under 131 and 132, then the lawthat is applicable is Article 153. That"s the one. Theelements of 153, however, is that there must be

tumults. There must be a public disturbance.

Refer to discussion under Inciting to Sedition/ Rebellion.

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Art. 154. Unlawful use of means ofpublication and unlawful utterances. —The penalty of arresto mayor and a fineranging from P200 to P1,000 pesos shall beimposed upon:

1. Any person who by means of printing,lithography, or any other means of publicationshall publish or cause to be published as newsany false news which may endanger the publicorder, or cause damage to the interest or creditof the State;2. Any person who by the same means, or bywords, utterances or speeches shal lencourage disobedience to the law or to theconstituted authorities or praise, justify, or extolany act punished by law;3. Any person who shall maliciously publish orcause to be published any official resolution ordocument without proper authority, or beforethey have been published officially; or4. Any person who shall print, publish, ordistribute or cause to be printed, published, ordistributed books, pamphlets, periodicals, orleaflets which do not bear the real printer'sname, or which are classified as anonymous.

Art. 155. Alarms and scandals. — Thepenalty of arresto menor or a fine not

exceeding P200 pesos shall be imposed upon:1. Any person who within any town or publicplace, shall discharge any firearm, rocket,firecracker, or other explosives calculated tocause alarm or danger;2. Any person who shall instigate or take anactive part in any charivari or other disorderlymeeting offensive to another or prejudicial topublic tranquility;3. Any person who, while wandering about atnight or while engaged in any other nocturnal

amusements, shall disturb the public peace; or4. Any person who, while intoxicated orotherwise, shall cause any disturbance or

scandal in public places, provided that thecircumstances of the case shall not make theprovisions of Article 153 applicable.

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FIRING OF A GUN RESULTING TO VARIANT CRIMES

When you fire a gun in a public place, then, ofcourse, that will be alarm and scandal in 155 whenthe purpose of firing of the gun is to cause a publicdisturbance. But firing a gun may lead to othercrimes committed. It will depend on many things.

If the gun is fired in a public place merely to disturb,then that is alarm and scandal.

If a gun is fired at somebody else without the intentto kill – so if a gun is fired, directed at somebodyelse without the intent to kill, then the crime will bea crime against person. That"s a crime of illegal

discharge of firearm.

But if the gun is fired, aimed at somebody else, withintent to kill, and the victim is not killed, then thatwill be attempted felony.

But if you fire the gun aimed at somebody else withthe intent to kill, and he was not killed, and then hespontaneously desisted at that stage, then thecrime is grave threat.

Supposing I fire my gun without intent to kill, aim atsomebody else, with proper bullet, but the bullet didnot fire. What"s the crime? I fire my gun with bullet,I aim at somebody else without the intent to kill, butthe gun did not fire. What"s the crime? That is acrime of frustrated illegal discharge of firearm.

Supposing I fire my gun, not knowing that there isno bullet. So I fire my gun, not knowing that it is notloaded with bullets, aim at somebody else withoutintent to kill, what"s the crime? It did not fire, ofcourse. Di ko alam na walang bullet. I wanted tofire the gun, aim at somebody else, without intent tokill, but the gun did not fire because there is no

bullet. What"s the crime? Impossible crime.Because it should have been a crime of illegaldischarge of firearm, but because of inherentimpossibility, there are no bullets. The crimebecomes an impossible crime.

RA8294

what is Republic Act 8294? It penalizes for illegalpossession of firearm or explosives. Of course, thatis a malum prohibitum , but you will have to provethe intent. It is a malum prohibitum and, therefore,the intent as an element of the crime is not the

essential element. But what are you going to proveif it is a malum prohibitum ? You have to proveanimus possidendi , the one I told you last time.





But if the gun – unlicensed firearm was used in therobbery, then the crime is merely robbery withhomicide. The unlicensed firearm cannot be treatedas a special aggravating circumstance becausethat is absorbed in the crime of robbery.

In fact, merong kaso diyan . Although the facts aredifferent, but by analogy - what happened there isthat after robbing the victims in a bus, a gun wasfound from the possession of the robber, which wasnever used in the robbery. Pag baba n " yangganyan, may nahulog na baril, ! yung robber. Whenthey picked up the gun, then it was an unlicensedfirearm. But the unlicensed firearm was picked upafter the robbery has already been consummated.So, ano " ng crime ! to? Sabi ng Supreme Court,dalawang crimes ! yan. One is robbery, the otherone is illegal possession of firearm because the

unlicensed firearm was not used in the commissionof the crime of robbery. O, ! pag ganun, ! di ba?

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Art. 156. Delivery of prisoners fromjails. — The penalty of arresto mayor in itsmaximum period of prision correccional in itsminimum period shall be imposed upon anyperson who shall remove from any jail or penalestablishment any person confined therein orshall help the escape of such person, bymeans of violence, intimidation, or bribery. Ifother means are used, the penalty of arrestomayor shall be imposed.If the escape of the prisoner shall take placeoutside of said establishments by taking theguards by surprise, the same penalties shall

be imposed in their minimum period.

Chapter SixEVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service ofsentence . — The penalty of prisioncorreccional in its medium and maximumperiods shall be imposed upon any convictwho shall evade service of his sentence byescaping during the term of his imprisonmentby reason of final judgment. However, if suchevasion or escape shall have taken place bymeans of unlawful entry, by breaking doors,windows, gates, walls, roofs, or floors, or byusing picklocks, false keys, deceit, violence orintimidation, or through connivance with other

convicts or employees of the penal institution,the penalty shall be prision correccional in itsmaximum period.

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A detention prisoner, escapes from prison, what isthe liability? Now, if he escapes from prison, thenthe detention prisoner is not liable for a crime. Let"ssay the crime is non-bailable. He is charged withthe crime of murder and, therefore, he is under

detention. If that detention prisoner escapes fromprison, that is not evasion of service because thereis no yet judgment, final judgment. Is there acrime? If the person escapes while trial is ongoing?No, he is not liable for a crime. The detentionprisoner is not liable for a crime, but he may losesome of his rights. If there is now a judgment ofcondition and he is convicted, then he cannotanymore appeal. He cannot ano , he will lose hisright to appeal because there is no judgment eh .For all we know, he might be acquitted. So, there isno crime if he escapes.

Art. 158. Evasion of service of sentenceon th e oc ca s i on o f d i so rd er ,conflagrations, earthquakes, or othercalamities. — A convict who shall evade theservice of his sentence, by leaving the penalinstitution where he shall have been confined,on the occasion of disorder resulting from aconflagration, earthquake, explosion, or similarcatastrophe, or during a mutiny in which hehas not participated, shall suffer an increase of

one-fifth of the time still remaining to be servedunder the original sentence, which in no caseshall exceed six months, if he shall fail to givehimself up to the authorities within forty-eighthours following the issuance of a proclamationby the Chief Executive announcing the passingaway of such calamity.Convicts who, under the circumstancesmentioned in the preceding paragraph, shallgive themselves up to the authorities within theabove mentioned period of 48 hours, shall beentitled to the deduction provided in Article 98.

Art. 159. Other cases of evasion ofservice of sentence. — The penalty ofprision correccional in its minimum period shallbe imposed upon the convict who, havingbeen granted conditional pardon by the ChiefExecutive, shall violate any of the conditions ofsuch pardon. However, if the penalty remittedby the granting of such pardon be higher thansix years, the convict shall then suffer the

unexpired portion of his original sentence.

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To the differentiate it from parole. The requirementssa conditional pardon eh a conditional pardon isgranted by the Chief Executive wherein theaccused and the government will enter into acontract.

Unlike in parole, in parole there is also a contract.But a violation of the conditions in parole may not

lead to a crime of other forms of evasion of service.Walang crime ng violation of a parole, eh. There’sno crime of violation of parole. Unlike in aconditional pardon, violation of the conditionalpardon is about the crime of Article 159. But thereare two periods in 159, in defense on the periodremitted. So, if the period remitted is more than sixyears, then the effect of a violation of theconditional pardon is that the accused will have tobe arrested and serve the remaining sentence. Butif the period remitted is less than six years, thenthere is a crime of violation of a conditional pardon,the penalty of which is prision correccional.

Chapter SevenCOMMISSION OF ANOTHER CRIMEDURING SERVICE OF PENALTYIMPOSED FOR ANOTHER PREVIOUSOFFENSE

Art. 160. Commission of another crimeduring service of penalty imposed foranother offense; Penalty. — Besides theprovisions of Rule 5 of Article 62, any person

who shall commit a felony after having beenconvicted by final judgment, before beginningto serve such sentence, or while serving thesame, shall be punished by the maximumperiod of the penalty prescribed by law for thenew felony.

Any convict of the class referred to in thisarticle, who is not a habitual criminal, shall bepardoned at the age of seventy years if heshall have already served out his original

sentence, or when he shall complete it afterreaching the said age, unless by reason of hisconduct or other circumstances he shall not beworthy of such clemency.

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter OneF O R G E R I E S

Section One. — Forging the seal of theGovernment of the

Philippine Islands, the signature orstamp of the Chief Executive.

Art. 161. Counterfeiting the great seal ofthe Government of the PhilippineIslands, forging the signature or stamp

of the Chief Executive. — The penalty ofreclusion temporal shall be imposed upon anyperson who shall forge the Great Seal of theGovernment of the Philippine Islands or thesignature or stamp of the Chief Executive.

Art. 162. Using forged signature orcounterfeit seal or stamp. — The penaltyof prision mayor shall be imposed upon anyperson who shall knowingly make use of thecounterfeit seal or forged signature or stamp

mentioned in the preceding article.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing anduttering false coins. — Any person whomakes, imports, or utters, false coins, inconnivance with counterfeiters, or importers,shall suffer:1. Prision mayor in its minimum and mediumperiods and a fine not to exceed P10,000

pesos, if the counterfeited coin be silver coin ofthe Philippines or coin of the Central Bank ofthe Philippines of ten centavo denomination orabove.2. Prision correccional in its minimum andmedium periods and a fine of not to exceedP2,000 pesos, if the counterfeited coins be anyof the minor coinage of the Philippines or ofthe Central Bank of the Philippines below ten-centavo denomination.3. Prision correccional in its minimum periodand a fine not to exceed P1,000 pesos, if the

counterfeited coin be currency of a foreigncountry. (As amended by R.A. No. 4202,approved June 19, 1965).

Ar t . 164 . Mut i la t ion o f co ins ;Importation and utterance of mutilatedcoins. — The penalty of prision correccionalin its minimum period and a fine not to exceedP2,000 pesos shall be imposed upon anyperson who shall mutilate coins of the legalcurrency of the United States or of the

Philippine Islands or import or utter mutilatedcurrent coins, or in connivance with mutilatorsor importers.





Art. 165. Selling of false or mutilatedcoin, without connivance. — The personwho knowingly, although without theconnivance mentioned in the precedingarticles, shall possess false or mutilated coin

with intent to utter the same, or shall actuallyutter such coin, shall suffer a penalty lower byone degree than that prescribed in saidarticles.

Section Three. — Forging treasury orbank notes, obligations and securities;importing and uttering false or forgednotes,obligations and securities.

Art. 166. Forging treasury or bank noteson other documents payable to bearer;importing, and uttering such false orforged notes and documents. — Theforging or falsification of treasury or bank notesor certificates or other obligations andsecurities payable to bearer and theimportation and uttering in connivance withforgers or importers of such false or forgedobligations or notes, shall be punished asfollows:

1. By reclusion temporal in its minimum periodand a fine not to exceed P10,000 pesos, if thedocument which has been fa ls ified,counterfeited, or altered, is an obligations orsecurity of the United States or of thePhilippines Islands. The word "obligation orsecurity of the United States or of thePhilippine Islands" shall be held to mean allbonds, certificates of indebtedness, nationalbank notes, fractional notes, certificates ofdeposit, bills, checks, or drafts for money,

drawn by or upon authorized officers of theUnited States or of the Philippine Islands, andother representatives of value, of whateverdenomination, which have been or may beissued under any act of the Congress of theUnited States or of the Philippine Legislature.2. By prision mayor in its maximum period anda fine not to exceed P5,000 pesos, if thefalsified or altered document is a circulatingnote issued by any banking association dulyauthorized by law to issue the same.

3. By prision mayor in its medium period and afine not to exceed P5,000 pesos, if the falsifiedor counterfeited document was issued by a

foreign government.4. By prision mayor in its minimum period anda fine not to exceed P2,000 pesos, when theforged or altered document is a circulatingnote or bill issued by a foreign bank dulyauthorized therefor.

Art. 167. Counterfeiting, importing anduttering instruments not payable tobearer. — Any person who shall forge, importor utter, in connivance with the forgers orimporters, any instrument payable to order orother document of credit not payable to bearer,shall suffer the penalties of prision correccionalin its medium and maximum periods and a finenot exceeding P6,000 pesos.

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The other one is uttering. In the counterfeit, theone who counterfeits the money is liable. Now, theone who actually uses the money is liable foruttering. So, that’s part of Article 166-167, utteringof false notes. And the one who is caught in the actof possessing false notes is liable for the crime ofillegal possession of false note. But in illegalpossession of false notes, there must be anelement of intent to utter, intent to utter . Thatmeans that, if I’m in possession of let’s say, tenfake money and I’m not using it, they are just insidemy wallet, I will not be liable for illegal possessionbecause there is no intent to use it.

PRESUMPTION OF INTENT TO UTTERNow, in an old case, Bank of Republic of thePhilippines Islands, an old case raised in theSupreme Court because the accused was caughtin possession of several pieces of false notes. Hewas convicted, but the Supreme Court made adistinction that mere possession of a false note isnot a crime because what is punishable is thatthere must be intent to utter. Kasi, gaya ko gustokong merong akong false note, di ko namanginagamit, remembrance eh. Why should I beliable? So, sabi ng Supreme Court, if one, however,is caught with several bundles, let say, you are not

using it, but you were caught in possession of 10bundles of false notes. Ah, sabi ng Supreme Court,you will now be liable. Why? The possession of somany bundles is an element of intent to use.

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Art. 168. Illegal possession and use offalse treasury or bank notes and otherinstruments of credit. — Unless the act beone of those coming under the provisions ofany of the preceding articles, any person who

shall knowingly use or have in his possession,with intent to use any of the false or falsifiedinstruments referred to in this section, shall





suffer the penalty next lower in degree thanthat prescribed in said articles.

Art. 169. How forgery is committed. —The forgery referred to in this section may becommitted by any of the following means:

1. By giving to a treasury or bank note or anyinstrument, payable to bearer or order

mentioned therein, the appearance of a truegenuine document.2. By erasing, substituting, counterfeiting oraltering by any means the figures, letters,words or signs contained therein._____________________________________

pag sinabi na, “ You are liable for the crime offorgery,” walang crime na forgery . Forgery is a wayof committing a crime of falsification. But forgery isnot a crime because forgery is merely the act ofimitating the signature or the handwriting, making itappear that it was signed by the person concerned.

Yan, yan ang mga forgery. You forge, that’s themeaning, but that’s not a crime. Under 169, it is amanner of committing a crime of falsification.

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Section Four. — Falsification oflegislative, public, commercial, andprivatedocuments, and wireless,telegraph, and telephone message.

Art. 170. Falsification of legislative

documents. — The penalty of prisioncorreccional in its maximum period and a finenot exceeding P6,000 pesos shall be imposedupon any person who, without properauthority therefor alters any bill, resolution, orordinance enacted or approved or pendingapproval by either House of the Legislature orany provincial board or municipal council.

Art. 171. Falsification by public officer,employee or notary or ecclesiastic

minister. — The penalty of prision mayorand a fine not to exceed P5,000 pesos shall beimposed upon any public officer, employee, or

notary who, taking advantage of his officialposition, shall falsify a document bycommitting any of the following acts:1. Counterfeiting or imitating any handwriting,signature or rubric;2. Causing it to appear that persons haveparticipated in any act or proceeding whenthey did not in fact so participate;3. Attributing to persons who have participatedin an act or proceeding statements other thanthose in fact made by them;4. Making untruthful statements in a narrationof facts;5. Altering true dates;6. Making any alteration or intercalation in agenuine document which changes its meaning;7. Issuing in an authenticated form a documentpurporting to be a copy of an original

document when no such original exists, orincluding in such a copy a statement contraryto, or different from, that of the genuineoriginal; or8. Intercalating any instrument or note relativeto the issuance thereof in a protocol, registry,or official book.The same penalty shall be imposed upon anyecclesiastical minister who shall commit any ofthe offenses enumerated in the precedingparagraphs of this article, with respect to any

record or document of such character that itsfalsification may affect the civil status ofpersons.

Art. 172. Falsification by privateindividual and use of falsifieddocuments. — The penalty of prisioncorreccional in its medium and maximumperiods and a fine of not more than P5,000pesos shall be imposed upon:1. Any private individual who shall commit anyof the falsifications enumerated in the nextpreceding article in any public or officialdocument or letter of exchange or any otherkind of commercial document; and2. Any person who, to the damage of a thirdparty, or with the intent to cause such damage,shall in any private document commit any ofthe acts of falsification enumerated in the nextpreceding article.Any person who shall knowingly introduce inevidence in any judicial proceeding or to thedamage of another or who, with the intent to

cause such damage, shall use any of the falsedocuments embraced in the next precedingarticle, or in any of the foregoing subdivisions





of this article, shall be punished by the penaltynext lower in degree.

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171-172Now, when it comes, however to official publicdocument, commercial document, and privatedocument, the laws that are applicable will be Article 171 and Article 172. But in Article 171,falsification under 171 can only be committed bythree specified persons or groups of persons.Public officers taking advantage of their publicposition.Notary publics.Ecclesiastics.Only those mentioned in 171 can be liable for thecrime of falsification.

Now, if you go to Article 172, then the crime offalsification can be committed by private

individuals, but it makes reference to thefalsifications in 171. So, what is the implication ofthat? The implication of that when it is committedby private individual, then the law that is violated is172. But the manner of committing the crime offalsification in 172 is likewise the manner ofcommitting the crime of falsification in Article 171.

There are four kinds of falsification of documentsunder 171 and 172 although like official document,be it a public document, be it a private document orbe it a commercial document. But the officialdocument and public document are created as one

for purposes of falsification. So, when you speak ofofficial document, they’re just the same as (talking)document for purposes of falsification. But, they’renot the same in meaning. The other one iscommercial document then the last one is privatedocument.

The official documents are those that are issued bythe Government as part of the records of theGovernment or an order to evidence an act of acertain government agency, payment of taxes. Youissued a receipt. That is an official documentbecause it records the payment, a governmental

function. You apply your marriage license. That isalso an official document because it becomes partof the records of the Civil Registrar. Birth certificate,court records, pleadings, complaints, decisions. Allof these are public records or official documentsbecause they become part of the official records ofthe government.

Now, official documents may, likewise, includedocuments prepared by private individuals. Theseare not – because, generally, the official documentsare those that are prepared and issued by agovernment official. But there may be officialdocuments prepared by private individuals. When

those documents become part of the records of thegovernment they become official documents.

Application for a marriage license, the application isfilled up by the applicants. Application of a marriagecontract, the applications are made by privateindividuals. But once you have submitted it beforethe proper agencies they become part of therecords of the Civil Registrar and, therefore, officialdocuments. Those who are entering thegovernment service, your application form. They

become part of the record of the Civil ServiceCommission or the COMELEC or what, then theybecome a part of the records of those governmentagencies and also become official documents.

Now, the other one is public document. A publicdocument usually is not a document which willrecord a governmental function that this mayperform. But rather it is prepared by privateindividuals. The public document is one involving adeed of conveyance. In other words, when youspeak of a deed of conveyance, therefore, thatdocument if consummated will produce rights and

obligations of the parties with the participation of anotary public. So, a contract of sale that is a deedof conveyance, you convey something, the otherone pays. So, there is an obligation to deliver andthere is an obligation to pay.

Now, if that contract of sale is acknowledged beforea notary public that means that you go to a lawyerand then you swear before the lawyer. Yungacknowledgement, nakabasa na ba kayo nun,before me, a notary public, personal appeared Mr. A herein referred to as the vendor, exhibiting hiscertificate, issued at blah-blah-blah, and Mr.Vendee blah-blah-blah, herein referred to as the

vendee. That the attest that they executed thisdocument with their free will consisting of sevenpages with each page signed on the left portionincluding the last page. Subscribed and sworn tobefore me. That is the acknowledgment. That’swhat you call acknowledgment. So, that is theparticipation of a notary public.

If that document now is the one required by law likethe acknowledgement then that documentbecomes a public document. Then for purposes offalsification, that public document is treated in thesame category as official document. Now, if that

document, however, is not notarized or is notacknowledge before a notary public and therefore itis a deed of conveyance, but in the absence of anotary public or acknowledgement then thatdocument becomes a private document, okay.

And the last one is commercial document. Sabinila, what is a commercial document? The book ofReyes will say, or even in the book, a commercialdocument is one that is governed by the Code ofCommerce. Meron nang definition, di ba? Acommercial document is one that is governed bythe Code of Commerce e ang dami covered ng Code of Commerce.

Ano ang commercial documents? So, commercialdocuments are those that are usually substitute for





money. Substitute for money, promotes businesstransaction. Ang importan te diyan is thecharacteristics of a negotiable instrument. In otherwords, it can be transferred from one person ornegotiated from one person to the other. This is notonly limited to personal checks, yung cheque,commercial documents yan. Because it promotesbusiness transaction, it can be negotiated or

delivered from one person to the other. Yung mgaiba ‘dun may mga bill of lading, warehouse receipt,di ba? Bumili ka ng 100,000 rice. Where will youget – where will you store the 100,000 sacks ofsugar or rice? You may have to get a bondedwarehouse. You store the 100,000 grams of sugarin a bonded warehouse, what will the warehousedo? It will issue a warehouse receipt. If you arenow in a possession of the warehouse receipt thenyou become naturally the owner of the sugar or ricestored in that warehouse. You want to sell thoseboxes of sugar. What will you do? Do you need tophysically transfer the 100,000? No, you just

negotiate the receipt and whichever is in thepossession of that he becomes the owner. So, thatis the meaning of a commercial document ha, okay.

Now, commercial document and official or publicdocument have the same element. The onlyelement is there must be an act of falsification.So, the mere act of falsifying that document is aconsummated crime of falsification.

FALSIFICATION BY PRIVATE INDIVIDUALSUnlike when it is committed by a private individualunder Article 172, when it is a private documentand this is covered by Article 172, then the crime is

falsification of a private document. And, therefore,has two essential elements:The act of falsifying the document.To cause injury to third persons. Remember that, tocause injury to a third person.

What about if a private individual commits a crimeof falsification of an official document? Is there alsoan element of intent to injure? I’ll give you anexample. You are an employee of the CivilRegistrar. You are the one in charge of theissuance of a marriage license or marriagecontracts. You take advantage of your public

position. You make it appear that the person whowants to get married is already of age. So, finalsifymo yung edad niya, di ba, in a marriage license.Tama ba? Ano bang age na ngayon para makapag-asawa? Eighteen. So, 18. You made it appear thatthe one of the contracting parties is already 18when he knows fully well that he is only 17. So, heissued a marriage license, pinafalsify nya, ginawaniyang 18. What about if he is a private individual?He falsified a marriage license, the same officialand the same contracting party. He likewisefalsified the marriage license. He makes it appearthat he is 18, when in fact he is 17 years of age.Question: Are they liable for a crime? If it is

committed by public officer taking advantage of hispublic position, whether that marriage license isused or not because there is an element of intent to

cause injury, he becomes liable for a crime offalsification of public document. Why? Becausethere is no need to prove that the falsification of anofficial document was intended to cause injury toanother.

Now, what about the minor boy? He falsified themarriage license. So, if he did not use the license

that he falsified, can he be liable for a crime offalsification of public document or officialdocument? Is it the crime of the individual? No,because there is no harm done to anybodybecause he did not use the marriage license.

If a private individual falsifies a public document,there is still a need to prove damage?

No, it’s not prove damage. It’s the intent to causedamage. Intent. If a document is falsified by privateindividual and he does not use it, there is no intentof to cause damage. For example, the receipt, the

receipt that you gave to me, if you pay taxes in thegovernment. So, the receipt is legally is an officialdocument. I falsified it, but I kept it. No harm

COMPLEXING FALSIFICATIONNow, the other thing is that the most probably youknow this that there is a falsification of publicdocument that maybe complex with estafa. You cancomplex the crime of estafa through the falsificationof public documents or even malversation throughfalsification of public document or probably theftthrough falsification of public document, qualifiedtheft through falsification of public document. Butyou cannot complex estafa with falsification ofprivate document. There is no crime of estafathrough falsification of private document. It’s eitherestafa or falsification of private document.

Why? Because, in a crime of falsification of a publicdocument, there is only one element of falsification.Whereas in the crime of estafa, there are twoessential elements which are deceit and damage.Whereas in the crime of private document, thereare two essential elements, one is the act offalsifying the document and the other one, theintent to cause damage. So therefore, in the crimeof estafa in falsification of private document, they

have common elements of damage. So, therefore,if there are two common elements of damage, thenthey cannot be complex. Kasi in private documentmay damage and falsification. Estafa, damage andfalsification. So, there is no crime of estafa throughfalsification of private documents. It’s either estafaor falsification of private documents.

ART 171 NOTESSo, when a document is already consummated,you are not supposed to make any erasures. Sothis usual interpellations without the knowledge ofthe other party, ‘di ba? Let’s say contract of sale.

‘Di ka na pwede magpalit dyan eh becauseconsummated na. But you can still change withoutbeing liable for a crime of falsification. You can stillchange when the act of changing or





interpolating or erasing will not change themeaning of the document or will not affect theintegrity of the document.

Like, for example, nagkamali ka ng spelling sa pangalan, walang comma, walang semi-colon, maliEnglish, pinalitan mo, eh wala ka na dun. Walangcrime, although, the documents are already – the

parties have already signed. Then, di pwede yungsana ma – you interpolated something when thatwas found out when suppose that word was notthere when the document was signed. There is nocrime of falsification because it is not intended toalter the meaning of this document. Or when youalter the document but the one that is altered is notmaterial to the contract. Walang falsification dun

Making untruthful statement in the narration offacts.The first thing that you have to remember is that,there must be a duty to disclose the truth. If there is

no duty to disclose the truth, then there is no crimeof falsification. In other words, if in a questionnaire,hindi ba? Let’s say, you are applying for a job. Yougo over there, and then meet the otherqualifications, and then you are asked. Are you acollege graduate? Therefore, it is your duty todisclose the truth. You know that is crucial in yourapplication for a job in the government. Or haveyou ever been convicted of a crime? Then youhave a duty to disclose the truth, morality or this isalso recorded in your application for a job abroad.

T E S T T O D E T E R M I N E W H E T H E RINTERCALATION WILL AFFECT DOCUMENT

INTEGRITYWhen it is completely change the meaning of thedocument. For example, contract of sale in theamount 100,000 pesos, you changed to 50,000pesos. Eh di nag-iba na yung meaning ngdocument. It is a contract of sale of 100,000 pesosnaging 50,000 pesos na. Yun ang ibig kongsabihin. So walang problema, 171-172.

Art. 173. Falsification of wireless, cable,telegraph and telephone messages, anduse of said falsified messages. — The

penalty of prision correccional in its mediumand maximum periods shall be imposed uponofficer or employee of the Government or ofany private corporation or concern engaged inthe service of sending or receiving wireless,cable or telephone message who utters afictitious wireless, telegraph or telephonemessage of any system or falsifies the same.Any person who shall use such falsifieddispatch to the prejudice of a third party or withthe intent of cause such prejudice, shall suffer

the penalty next lower in degree.

Section Five. — Falsification of medicalcertificates,certificates of merit or services and thelike.

Art. 174. False medical certificates,

false certificates of merits or service,etc. — The penalties of arresto mayor in itsmaximum period to prision correccional in itsminimum period and a fine not to exceedP1,000 pesos shall be imposed upon:1. Any phys ician or surg eon who , inconnection, with the practice of his profession,shall issue a false certificate; and2. Any public officer who shall issue a falsecertificate of merit of service, good conduct orsimilar circumstances.

The penalty of arresto mayor shall be imposedupon any private person who shall falsify acertificate falling within the classes mentionedin the two preceding subdivisions.

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The falsification done, that it may happen in twoways. The doctor makes it appear that you weresick when, in fact, you were not sick. That iscovered by 174. Or the other one is that, a personpresented a medical certificate which is falsified.The one who will be liable is the person who filedsomething with a falsified document. Like for

example in this hospital, di ba they keep records?They keep records of all patients, eh. Now, if thedoctor now comes out with the medical certificatecontrary to the records in the hospital, liable yan ngfalsification because he is the one issuing.

So it may happen that the doctor is the one whouses a falsified document, then he’ll be liable. Or itmay happen that the person claimed that he is sickand then presents a certified medical certificatewhen in fact there is none, siya din ang liable.

What if it was a private individual who falsified themedical certificate?

He will be liable because that is covered by 174.That’s why there are two things that can happenthere. That’s why it’s not covered in Article 171 and172 because a medical certificate cannot betreated as a private document or commercialdocument.

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Art. 175. Using false certificates. — Thepenalty of arresto menor shall be imposedupon any one who shall knowingly use any of

the false certificates mentioned in the nextpreceding article.





Sect ion Six. — Manufactur ing,im p o r t in g a n d p o s s e s s i o n o finstruments or implements intended forthe commission of falsification.

Art. 176. Manufacturing and possession

of instruments or implements forfalsification. — The penalty of prisioncorreccional in its medium and maximumperiods and a fine not to exceed P10,000pesos shall be imposed upon any person whoshall make or introduce into the PhilippineIslands any stamps, dies, marks, or otherinstruments or implements intended to be usedin the commission of the offenses ofcounterfeiting or falsification mentioned in thepreceding sections of this Chapter.

Any person who, with the intention of usingthem, shall have in his possession any of theinstruments or implements mentioned in thepreceding paragraphs, shall suffer the penaltynext lower in degree than that provided

therein.

Chapter TwoOTHER FALSIFICATIONS

Section One. — Usurpation of authority,rank, title, and improper use of names,uniforms and insignia.

Art. 177. Usurpation of authority orofficial functions. — Any person who shallknowingly and falsely represent himself to bean officer, agent or representative of anydepartment or agency of the PhilippineGovernment or of any foreign government, orwho, under pretense of official position, shall

perform any act pertaining to any person inauthority or public officer of the PhilippineGovernment or any foreign government, or anyagency thereof, without being lawfully entitledto do so, shall suffer the penalty of prisioncorreccional in its minimum and mediumperiods.

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That usurpation can be committed by a person thatis a private individual.

Art. 178. Using fictitious name andconcealing true name. — The penalty ofarresto mayor and a fine not to exceed 500pesos shall be imposed upon any person whoshall publicly use a fictitious name for thepurpose of concealing a crime, evading the

execution of a judgment or causing damage.Any person who conceals his true name andother personal circumstances shall bepunished by arresto menor or a fine not toexceed 200 pesos.

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What makes it a crime under 178 is that the use ofan alias is either for the purpose or purposes of anyof those mentioned by the law, to abate judgment,to cause an act over the public interest and tocause damage to other party, conceal the

commission of the crime to abate judgment or tocause damage. If you use an alias for the purposesof any of the purposes mentioned in 178, thenyou"ll be liable to a violation of 178 by mere, butmerely using an alias is not a crime. It is not acrime, noh .

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Art. 179. Illegal use of uniforms orinsignia. — The penalty of arresto mayorshall be imposed upon any person who shallpublicly and improperly make use of insignia,

uniforms or dress pertaining to an office notheld by such person or to a class of persons of

which he is not a member.

Section Two. — False testimony

Art. 180. False testimony against adefendant. — Any person who shall givefalse testimony against the defendant in anycriminal case shall suffer:1. The penalty of reclusion temporal, if the

defendant in said case shall have beensentenced to death;2. The penalty of prision mayor, if thedefendant shall have been sentenced toreclusion temporal or reclusion perpetua;3. The penalty of prision correccional, if thedefendant shall have been sentenced to anyother afflictive penalty; and4. The penalty of arresto mayor, if thedefendant shall have been sentenced to acorrectional penalty or a fine, or shall have

been acquitted.





malicious. There is a motive on the part of theaffiant to execute a perjured statement.

But if the one that is perjured is not essential to thedocument like for example affidavit of loss, andthen you stated there I, Mr. blah blah blah singlewhen you are already married, walang perjury yunbecause it is not substantial or essential to the

document because what is essential in thedocument is the statement of loss. Walang silbi yunkung ganun ang sinabi mo, binata ka dun. That isnot perjury because it will no affect, in any way, thedocument. Yung ang sinasabi kong immaterial.The most important thing is that it must be donewith malice.

Now, the other kind of perjury is you do not executea written statement, but you are required to testify.Then before you testify, you are asked to raise yourright hand. You will tell the truth, nothing but thetruth. Yes, I do. The you answer the question and

then you now give perjured statement. Yun angother form of perjury. But the oral testimony in thecrime of perjury must be done before a quasi- judicial body.

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Art. 184. Offering false testimony inevidence . — Any person who sha llknowingly offer in evidence a false witness ortestimony in any judicial or official proceeding,shall be punished as guilty of false testimonyand shall suffer the respective penalties

provided in this section.

Chapter ThreeF R A U D S

Sect ion One. — Machinat ions,monopolies and combinations

Art. 185. Machinations in publicauctions. — Any person who shall solicit anygift or promise as a consideration for refrainingfrom taking part in any public auction, and anyperson who shall attempt to cause bidders tostay away from an auction by threats, gifts,promises, or any other artifice, with intent tocause the reduction of the price of the thingauctioned, shall suffer the penalty of prisioncorreccional in its minimum period and a fineranging from 10 to 50 per centum of the value

of the thing auctioned.

Title Five

CRIMES RELATIVE TO OPIUM ANDOTHER PROHIBITED DRUGS

Comprehensive Dangerous Drugs Act of 2002,

Part 1

Article 190 Possession, preparation and use ofprohibited drugs and maintenance of opium dens

Let"s now go to 190 which has been amended bythe Dangerous Drugs Law. Okay. Now, the presentdangerous Drugs Law is Republic Act 9165, noh , ofthe year 2002. It"s the law that took effect in July 4,2002. That is RA 9165 otherwise known as theComprehensive Dangerous Drugs Law of 2002.Now before that law, the law was then Republic Act

6425, noh . It used to be Republic Act 6425,otherwise known as the Dangerous Drugs Law of1972. Now, before we go to the salient features of9165, we will first know what were those that wereprovided under Republic Act 6425 so that we willunderstand the amendments in 9165, okay?

RA 6425 DANGEROUS DRUGS LAWNow, the Dangerous Drugs Law is by its verynature a malum prohibitum. It is a malumprohibitum because mere violation of the lawmakes the offender criminally liable. Therefore, if itis a malum prohibitum, then you do not apply the

provisions of the Revised Penal Code as a rule,noh ? As a rule, you cannot appreciate themitigating circumstances or those circumstancesthat may be available in crimes punished under theRevised Penal Code. However, under the old law ofRepublic Act 6425, that is the old one, not thepresent law, so that you will know the changes.Under the old law, Republic Act 6425, thepenalties then at that time were based on thequantity of the prohibited or regulated drugsand punished with penalties under the RevisedPenal Code. In other words, you have there a

special law where the law provides for penaltiesthat are found in the Revised Penal Code. So, thatwas the reason why the Supreme Court came outwith a doctrine laid down in People versus MartinSimon, that if the special law adopts thenomenclature of penalties under the Revised PenalCode, then the provisions of the Revised PenalCode are applied as a general rule. So that underthe old law, if one pleads guilty under the old law, orone proves mitigating circumstances under the oldlaw, then those mitigating circumstances areappreciated because the penalties then arepenalties under the Revised Penal Code. Okay.





And then you divide into three. So, you have yourminimum, medium, and maximum. So, yourminimum penalty will come from there. Yourmaximum penalty will come from here. Is it not?Okay. So, I convicted the accused minor, applyingthe Indeterminate Sentence Law and appreciatinga privileged mitigating circumstance, I imposed a

penalty of six years and one day to 15 years as themaximum. Six years and one day of the minimumto 15 years as the maximum. Do you follow? Thenthe counsel of the accused says, assuming thatthere is no suspension , just to explain. Do you nowapply his full probation? Will you approve aprobation here? Yes.

The maximum penalty is six years, eh . Theminimum penalty that I imposed is six years andone day, eh. The minimum penalty that I imposed issix years and one day, eh . Under the ProbationLaw

, you can only apply for probation where thepenalty does not exceed six years . But the penaltythat I imposed is six years and one day to 15 years.Can he apply for probation? Yes, under Section70. As long as he"s a first time minor offender,ha . Section 70, as long as he is a first timeminor offender.

Now, but, be careful, as I said. I used an exampleof ILLEGAL POSSESSION because there may bepenalties of life imprisonment to death, but doesnot fall under the Section 11 like Section 5, that isdrug pushing, drug trafficking, ano, ha? Because

under Section 24, if you look at your Section 24,there is a prohibition on probation. Ang nakalagaysa Section 24, NO PROBATION FOR DRUGTRAFFICKERS AND DRUG PUSHERS. So, that isthe prohibition on probation. No probation for drugtraffickers or drug pushers.

Now, if my example here is that he was caught inthe act of selling, Section 70 is not applicable tohim. Do you follow?

If my example is, let"s say, drug trafficker, he"s a

drug trafficker, he"s a drug pusher, seller, and so

on, you will still apply this computation because heis entitled to a privileged mitigating circumstance,but he cannot apply for probation . Because underSection 24, probation is prohibited for drugtraffickers or drug pushers. That"s why I used illegalpossession. Do you follow? If I used drugtrafficking, you follow still this computation. But heis not entitled to probation because under Section24, probation is prohibited to drug traffickers ordrug pushers.

So, that is the only instance where the RevisedPenal Code will apply as a general rule, becauseSection 19.

Yes?

If I read it correctly, RA 934 provides that…

9344 yun.

Regarding on what time the offender may be, a

minor offender may be entitled to probation after allthe…

If he fails. If he fails in the intervention program.That"s it. Yeah, that"s why I said forget about 9344in the meantime, just to explain Section 19 andSection 17, but I"m assuming that you assumedthat he will apply for probation only if he failed inthe intervention program because he is entitled. Wewill come into that under Section 66. I will correlatethis with Section 66 later on. And then, also withSection 38 and Section 42 of 9344, noh ? The

explanation, so that it will no be complicated. Myexplanation on Section 98 is only in so far as theapplication of the Revised Penal Code and theapplication of probation law in the meantime.

Medyo malalim yung tanong, eh . Sobrang complexyun, eh. Okay. So, let"s go back.

REMOVAL OF DRUG CLASSIFICATIONS; NOWJUST DANGEROUS DRUGSNow, under the old law, there were two kinds ofdrugs under the old law. You have prohibited drugsand regulated drugs so that decisions of the

Supreme Court tell us that if you are in possession- let"s say you have two hands, of course. Your righthand is holding marijuana and then your left handis holding the shabu, caught at the same time, noh .So you where holding marijuana, then probablyyou"re smoking the marijuana, at the same timeyou"re sniffing the shabu. Pwede yan eh ! Kunggusto mo magpakamatay . So, you are, under theold law, you"re violating two offenses becauseunder the old law, prohibited and regulated drugswere treated separately. So, under the old law ifyou are caught in the act of possessing marijuana,

you were then punished under Section 8. Then ifyou are in possession of shabu, which is aregulated drug, then you will be punished underSection 16. They were treated separately. But,now, there is no more distinction betweenregulated or/and prohibited drugs. They nowfall under one category, which is nowdangerous drugs. So, whether it is a marijuana,opium, or Indian hemp, or shabu, that will betreated only as one offense because they now fallunder one category, dangerous drugs.

TRAFFICKING AND POSSESSIONNow, the other the thing is that under the old law,when you are caught in the act of selling, noh ?Let"s say you were caught in the act of selling





shabu, and then later on after you were arrested,you were arrested by the policeman, and then youget one stick of marijuana from his pocket, then youwill be liable for two offenses under the old law. Theone is selling or drug pushing under the old law inSection 15, and then the marijuana taken from yourpossession, because that is a prohibited drug,

Section 8, illegal possession.

What happens now under the present law? Now, ifthis is under the present law, then you will have tomake a qualification.1. If what was found from the possession of the

pusher after he was arrested for selling is partof the sale; then he will only be liable for oneoffense.

2. But, if the pot was found from his pocket after hewas caught selling the dangerous drugs, then hewill be liable for two offenses because that is not

part of the sale.

Let"s say what was found from his pocket is partof the sale, one offense; if what is found from hispocket is not part of the sale, then two offenses.One for selling under Section 5 of 9165; the onethat is found from his pocket is violation ofSection 11 under 9165 as illegal possession.

PRECURSOR OR ESSENTIAL CHEMICALS Those precursors or essential chemicals are thosethat are used for the production of bi-products.Parang raw material yan, hindi production. So, if

you produce shabu, the ingredients of the shabuwill be called precursor or essential chemicals. Theshabu now will become the finished product that isa dangerous drug. Now, why do I tell you this?Because under the old law, we do not find anyprecursor. Now, what they did now here underRepublic Act 9165 that"s why if you read Section 4or even Section 5, or even Section 11, let"s go toSection 4 as an example, or Section 5 na lang asan example, and then Section 11 as an example.You read the specific violation of the law. That"s inSection 5, that is the importation of dangerous

drugs regardless of the quantity; the penalty is lifeimprisonment to death.

SECTION 5;FINANCIER PROTECTOR CODDLERDELIVERY TRANSPORT CARRYING AWAYSALEWhen you read trafficking under Section 5 forexample, the law does not only penalize the act oftrafficking, but it penalizes also the financiers, theprotectors, or the coddlers, and the settles ofprecursor or essential chemicals. That"s what I"msaying. You did not find that in the old law. Ang ginawa nila nagyon, lahat ng mag- participate sa selling, o lahat ng mag- participate sa importation, lahat mag- participate sa illegal

possession. Nakalagay na lahat don . Okay, I"llgive you an example of a protector or coddler sothat you understand what I"m talking about.

Here comes a den. A den. When you operate a viceden, that means operating a drug den, wherepeople will go there and then sniff shabu or

marijuana. Parang prostitution den, but this one is adrug den. Parang sari-sari store for drugs. I thinkyou read this in the papers, in Pasig, di ba? That isa clear example of a drug den. The penalty ofoperating a drug den, for those who are operating adrug den is the penalty of life imprisonment todeath. Those who visit the den or visitors arelikewise liable for violating the law as visitors of thevice den. The two is likewise are liable beingemployees of a vice den. The policemen or thepublic officials who protect or coddle the operatorsof a vice den are likewise liable as protector or

coddlers. That"

s what I mean by protectors orcoddlers. Where they will be - of course, thepenalty is lower than the penalty of operatorsbecause operators of a vice den, the penalty is lifeimprisonment to death, eh . Coddlers can bepenalized with the penalty of 12 years and one dayto 20 years. Ha? $Yon.

This is a – I"ll give you another example. So thatyou may think that this is a crime of direct briberythat we will study later on. Okay.

Supposing the drug pusher is arrested, di ba? Let"s

say one kilo of shabu. The policemen did notanymore file the case against him because theagreement is that they will divide the one kilo ofshabu. Sabi nun, okay. Hindi ka na kakasuhan . Youget the half kilo of shabu, and then half of that willbe mine, sabi ng pulis . So that gagamitin niya ringpang negosiyo ung kalahati, hindi ba? Of course,the one – the pusher is liable for drug pushingbecause he was caught in the act of selling. But,what about the liability of the policeman? Hecannot be liable for bribery because he did notreceive money in exchange for not prosecuting

him or not for arresting him. He is liable as aprotector or a coddler. That is the meaning of aprotector or coddler. But, the fiscal does notprosecute him, then the crime that is committedas qualified bribery under Article 211 of thesame which we will study later on. I"m just onlytalking about who is the protector or the coddler,ha ?

IN RELATION TO ART 8 RPC; PROPOSAL ANDCONSPIRACY TO SELLNow, the other thing that you"ll have to remember isthat in your study of your Article 8 of the RevisedPenal Code, it"s Article 8, di ba ? Proposal andconspiracy to commit a crime is not a crime, di ba? Now, this special law recognizes attempt and





conspiracy, although this is a malum prohibitumunder Section 26. Attempt and conspiracy. Okay,what is the implication of attempt and conspiracy?

BUY BUSTNow, the situation is like this. Probably, I referred toentrapment or buy-bust operations, di ba? You

know what is entrapment or buy-bust operation. So,here comes a group of policemen receiving aninformation that Mr. A is a drug pusher. What thepolicemen will do is that they will form a buy-bustteam to entrap the seller. So, they will pick onefrom them as a pusher-buyer. They will give himthe money to buy, di ba? But usually, policemen,when they present a case on drug pushing, in mostcases, they will make it appear that the moneycould no longer be found, because once the moneyis submitted to the courts, they believe that themoney could no longer be returned to them

because that"

s the part of the evidence. So, theywill concoct a story that the money was notrecovered. But, you know, in under Section 5 ofRepublic Act 9165, if you read Section 5 of 9165,what is punished there is not only sale, but delivery,transport, carrying away, and sale.

I. Therefore, the doctrine is that the buy-bustmoney is not essential in proving violation of drugtrafficking or drug pushing under Section 5.Because what is covered by Section 5 is not onlysale, but also includes delivery or transport, okay.Di ba? That"s why the Supreme Court is very clear

on this matter. Even if the buy bust is money is notpresented before the court, you could still beconvicted of violation of Section 5 because themoney is not indispensable. Okay.

II. The other doctrine is that when you can notprove sale in some instances when you can notprove sale, then the offender will now be liable forviolation of Section 11 under illegal possession.Because illegal possession is necessarily includedin sale. Do you follow?

SECTION 11; ILLEGAL POSSESSIONIllegal possession is necessarily included insale. So, if he can not prove the elements ofdelivery, transport or sale, then the other doctrine isthat the person can still be liable for illegalpossession because il legal possession isnecessarily included in the sale, transport ordelivery.

So, what can the policeman do? Therefore, theywill come up with a story that the money was lost inthe process or they will come up with a story likethis. So, before the seller could give the shabu tothe buyer, and before the buyer could give themoney to the seller, the seller sensed that thebuyer is a policeman and ran away. Then they

caught up with him, they were able to take hold ofthe shabu in his possession, but in the commotion,the money could no longer be found. That"s whatthey do. If you try to analyze the facts, there is noexchange although what they have filed is drugpushing because that is they want to prove in theirentrapment.

So, if there is no transfer of the thing, subjectmatter of the sale, as in ordinary sale and then theconsideration likewise is not transferred to theseller, then you can not convict him for selling,transporting or delivering because there was noactual delivery. So, in that particular instance, theoffense that is committed is illegal possessionbecause the shabu was taken from the possessionof the offender, that is Section 11.

But, yun ang problema don . But if in the facts of the

case, it will show that there is intent to sell, intent todeliver, or intent to transport, then the offense willno longer be illegal possession under Section 11, itwill now be Section 26. Okay.

SECTION 26; INTENT TO SELLExample. So you try to add something to the facts,so it"s still - for example, noh . There was alreadydelivery, hindi ba ? There is already delivery, butbefore it could be held by the policemen, he ranaway. In other words, as long as there is an intentto sell, transport, or deliver, noh , kasi yung exampleko kanina walang pang dini- deliver, hindi pa

nilalabas yung kuwarta, hindi pa nilalabas yungshabu , so there is he now and senses that he is apoliceman, then he ran away, but he was caught bythe policemen and then found from his possessionis the shabu. But if the facts will now show that heis already - Let"s say now the policeman is givingthe money, di ba ? And then the seller now is givingthe shabu, then all of a sudden he ran away,although the money was not yet taken by the sellerand the shabu was not yet given to the buyer. Butfrom those facts, there is already intent to sell, hindiba ? Nagbabayad na eh, dini-deliver na, eh, so

meron nang intent to sell or delivery or transport,then the law that is violated is Section 26 underRepublic Act 9165 which provides that attempt andconspiracy is punishable with the same penalty asif the act is consummated. Nakalagay sa Section26, you read Section 26. Therefore, there is nodifference as so far as the penalty is concerned ifthe act is consummated selling, or transporting, ordelivering because under Section 5, if it is aconsummated drug pushing, then the penalty is lifeimprisonment to death. Now, under Section 26,attempt and conspiracy, marami yan, ha , but youknow, I am just giving you one example. Sell,transport, deliver, maintenance of a den,manufacture, importation, maintenance of a den,the penalty is the same as if the offense in





consummated. The penalty is still life imprisonmentto death. But that Section 26 will only be applicableif, as I said, you have already proved an intent tosell, intent to deliver or transport.

The other one, as I"ve told you last time, noh , whenit comes to violation of 9165 which is very different

from illegal possession of firearms, the corpusdelicti in violation of 9165 must be proved withcertainty. Must be proved with certainty. That is whyyou have to prove the chain of custody of thisshabu taken from the possession of the accused,and that shabu taken from the possession of theaccused must be presented before the court.Unlike in illegal possession of firearm, di mokinakailangan i-presenta sa husgado yan, eh. Factsor circumstances and evidence will show that thegun was unlicensed, even if it was not presentedbefore the court, pwede kang ma- convict sa illegal

possession of firearm, but not in illegal possessionof shabu or dangerous drugs, that must bepresented before the court because that is part ofthe corpus delicti.

CHAIN OF CUSTODYNow, usually offenses are committed outside ofpolice precincts, di ba ? In places outside of policeprecincts, siyempre . If there is one violatingdangerous drugs inside the police precinct, it"s thepoliceman. Siya ang nag-sha shabu, di ba ? So,what they usually do is that, so that we canestablish the chain of custody, the usual problems

there would be: If you are arrested somewhere inRockwell, noh , then the policeman who arrestedthat person in Rockwell must now make hismarkings on the one that is taken from thepossession. Kasi ang ginagawa ng pulis, huli mo! don sa Rockwell, they will not make any marking,they will go to the police precinct and then turn overto the investigator. Now, if that was not marked andthen the investigator will be the one to mark thatspecimen, that is not the corpus delicti. Doubtful.They say that the chain of custody should beestablished with certainty that that shabu was the

one that was taken from the procession of theoffender.

So, if the shabu was taken in Rockwell that has toalready be established, that it"s the same one. So,what they do is that they should now mark theexhibit, mark the specimen, and then bring that tothe investigator, that again will be marked, and thenthat specimen will be brought to the chemist, thatagain will have to be determined that that was theone that was the subject matter of the examinationand then later on, when it is brought to the court,that is the same evidence that was taken from thepossession of the accused. If there is a hiatus onthe chain of custody, the accused will be acquittedbecause the corpus delicti must be established with

certainty. $Pag merong doubt sa chain of custody, you can put up doubt that that is not the sameshabu that was taken from the possession of theoffender, the accused will be acquitted. Ganon ka i- strikto ang dangerous drugs in establishing thecorpus delicti in violation of the dangerous drugs.

SECTION 4 IMPORTATION BY DIPLOMATSOkay. Now, let"s go to the other areas. Siguro, we"ll jump to – anyway, in Section 4, the offense thereviolated is importation. So you know what isimportation, if it is committed by a diplomaticmember of the diplomatic board, taking advantageof his privileges, then the maximum penalty ofdeath shall be imposed and those who arepunished likewise are the financiers or coddlers.Then you go to Section 5, that"s where we havetaken up pushing or drug trafficking, sale, ordelivery of which will include also precursors and

then likewise penalizes the financiers and theprotectors and the coddlers. Okay.

Now, in the meantime will go to Section 15 inrelation to Section 12 and Section 11. Now theother Section, Section 6 maintenance of a den,manufacture, manufacture of drugs, maintenanceof a den, visitors of a den, employees of a den.Self-explanatory yan, walang masyadongproblema . Who"s the maintenor of a den? Eh diyung nagma- maintain ng drug den. Who arevisitors? Then those who go to a den. Visitors. Whoare the employees? The employees. Anu pang ie -

explain natin dyan? Kung sino yung empleyado, ehdi yung mga empleyado roon . Then manufacturer?The one who manufacture drugs, that"s alsopunishable by life imprisonment po yan, eh .

SECTION 15; SECTION 11; SECTION 12Now, you go to Section 15 so that you can followme. Under Section 15, one is liable for illegaluse, that is illegal use, ha ?What is use? Gumagamit . Illegal use of dangerousdrugs for the first time is punishable by six monthsrehabilitation. So, one who is caught in the act of

using dangerous drugs after a confirmatory test,nakalagay ! don , after a confirmatory test ispunishable by six months rehabilitation. If you arefound for the second time with the penalty, therewill now be a penalty of imprisonment. I think it"s 12years and one week to 20 years, okay.

SEC 15; ILLEGAL USE; PARAPHERNALIASo, the situation therefore is like this. If you arecaught using or you"re smoking marijuana or youare sniffing shabu, shabu na lang . How do youcommit the crime of, how to you commit or how doyou use shabu? Siyempre , you have a tooter, maytooter yan, eh . May tooter, may aluminum foil, mayburner at saka may lighter. So what they do is thatthey will get a…





[laughter]

…walang nasabi, biglang explain, noh? Addict yatasi sir, eh .

[laughter]

So, just to illustrate it ba . They will get takealuminum foil and then there is a burner and thenthere is a tooter. And then they will light the burnerand then smoke will be emitting on top of thealuminum foil. Then you will place the tooter, andthen you start sniffing it. Finally.

[laughter]

Kayo lang ang nakakaalam nyan . Then probablyafter 30 minutes you will already be through, then

you we will say, “heaven.” “Heaven.”

CAPTURE Now, if the policeman caught me in the act ofsniffing shabu, I am not yet liable, I am not liablebecause the law says after a confirmatory test,nakalagay don, after a confirmatory test. You knowwhat is a confirmatory test?

CONFIRMATORY TEST Confirmatory test is the second test. There is aninitial test and that initial test must be confirmed,that is the meaning of a confirmatory test. So, if you

are caught therefore, then the policemen willprobably request you to urinate ha. If that ispositive, then that first findings will be confirmed byanother test, that is the meaning of a confirmatorytest. You can not be liable even the policemansaw you because the law requires after aconfirmatory test. I do not know why we includedthat phrase, confirmatory test.

Now, and then you look at the last part of Section15. Nakalagay don, if however the person caught inthe act of using shabu, a quantity, a quantity of

dangerous drugs is found from his possession,then he will be liable for violation of Section 11.Then that is illegal possession. So, the example – you can go further with the example.

So, I am now caught in the act of using. Apart fromany place where I have control, noh , even onegram or one gram of shabu was found in mypossession under my control, nandun sa table lang ,then the use will now be absorbed by Section 11.So, you will now be liable for violation of Section 11because the quantity will now justify the offense tothis violation of Section 11 and therefore, you areno longer liable for use. Because you know, whatthey say is that the Dangerous Drugs Law of 2002is more favorable to the user. User is not

considered as a criminal. He is rather a victim ofthe drug in the case. That"s why to preventpolicemen from taking advantage of those who arecaught, they have to be subjected to a confirmatorytest because if they are found positive under aconfirmatory test, there is no penalty ofimprisonment. They will only go on rehabilitation

and after rehabilitation, they will already bereleased. Yon ang purpose nyan .

The problem, however is complicated by Section12. Kasi nakalagay sa Section 12, illegalpossession of drug paraphernalia is punishable bysix months and one day to four years, di ba ? Tamaba ? Six months and one day to four years. Youcompare the penalty under Section 15 for the firstoffense, the first offense is only six monthsrehabilitation, eh . But ang drug paraphernalia ispunished by six months and one day to four years

imprisonment. Then if you look at the secondsentence of Section 12, illegal possession of drugparaphernalia, nakalagay dun, ha, is a prima facieevidence of use under Section 15. Section 12 is aprima facie evidence of violation of Section 15,but you can not use shabu without drugparaphernalia, eh. Kinakain ba yung shabu? Mahalyan ! pag kinain mo yan , ubos ang kwarta mo, eh .Baka pati Rockwell ibebenta mo nyan. Mahal yan ,eh. So, you did you get my example? I was caughtin the act of using but I"m also using drugparaphernalia because I can not use shabu withoutany drug paraphernalia. So what will be the

situation? You can not be liable for violation ofSect ion 12, i l legal possession of drugparaphernalia, but instead you will be violatingSection 15 because illegal possession of drugparaphernalia is a prima facie evidence of use. Sothe use now will absorb the drug paraphernaliabecause you can not really use shabu without drugparaphernalia, that is the meaning. But if you arenot using any shabu but merely got caught inpossession of drug paraphernalia, then you areliable under Section 12. Kaya mas maganda pakung gamitin mo na lang.

[laughter]

Section 11 absorbs use. Use absorbs illegal use byillegal possession of drug paraphernalia. But if inthe problem is that a quantity likewise is found fromyour possession, then the quantity will absorbeverything. You will only be liable for violation ofSection 11. Let"s say gumamit ako, di ba ? Gumamitako , so I"m violating use at the same time, I"mviolating illegal possession of drug paraphernalia.Now, if I"m only using it then the illegal possessionof drug paraphernalia will now be absorbed in theuse because you can not commit a crime of usingwithout drug paraphernalia. But, however, if I amcaught now, they found two grams of shabu in the





table, then that two grams of shabu will now absorbthe use. Then you will now be liable for violation ofSection 11, illegal possession. So the illegalpossession will absorb everything, ha , but that"swhy if you are caught in the act of possessing drugparaphernalia, the penalty is six months and oneday to four years, eh . Gamitin mo na lang . Six

months in rehabilitation pa .

If the one caught in the act of using refuses toundergo confirmatory test, plantingan ka ng pulis .Plantingan ka ng pulis nyan . Kasi , “Hoy , ayaw mong confirmatory – a, ayaw mo, ha.” O sige,plantingan ka ng one gram. Patay ka, mas mahabaang sentence nun . Kaya nga useless ung Section11, eh . In fact, that"s what they are doing. Becauseit"s very hard to subject a person arrested in the actof using and then subjecting to a confirmatory test.Ma-trabaho sa pulis yan , eh . Huhulihin mo,

dadalhin ka sa Camp Crame or sa chemist, eh . Itwill take time. Siya pa magbayad ng pamasahe atlahat pa . So what do you think if they will notcharge you with illegal use? What will they chargeyou? Possession na lang . Walang gastos . Eh,nagbibihis pa lang si pulis sa umaga eh, nag-iisipna kung saan kaka in , eh . Kung saanmagmemeryenda, ! san iinom ng beer sa gabi, eh.Tapos, confirmatory test pa ? Maniwala ka diyan .

Is it possible that an offender will be liable inSection 12 but then he also failed the confirmatorytest?

Now, problem there is that under Section 12, whatthe law still provides is that that is a prima facieevidence of use, ano ha ? But when you"re alreadyin possession of drug paraphernalia, you willalways be become liable for illegal possession ofdrug paraphernalia. Probably, what the accused willdo is to put up in defense that he intended to use itso that he can be absorbed in illegal use. But if thepoliceman caught you in the act of possessing drugparaphernalia, it is already a violation in itself underSection 12. Ang sinasabi lang diyan prima facie

evidence because he might have used drugs whenhe was caught in the act of possessing. Kayaparang it"s a warning to the policeman that if he isusing it, do not charge him with illegal possession.So, ang nangyayari dyan , if you are the accused, Imean the lawyer, probably I can put up a defensethat he was using them so that I can get the sixmonths rehabilitation. Kaya sinabi ! don prima facieevidence. If you"re the accused"s lawyer, then youcan not put up a defense except that you arecaught in the act, eh. Pano mo idedepensa yon ?Mamimili ka lang ng pulis na ia-assign mo dyan,eh . So the only defense that you can put up is thathe was using it so that he can escape with thepenalty of six months rehabilitation. Yan. That " strue. Kasi loko ang mga pulis, eh . Loko, eh.

Ang problema kasi under the law, even under theold law, pinaghiwalay-hiwalay nila ang provisionsna yon, eh . Yung illegal possession under Section11 also includes illegal use under Section 15 underthe old law, eh . Pinaghiwalay nila kasi, eh, thinkingit will help the users but rather it is helping thepoliceman increase their income. Bakit ? Eh, kung

user lang yan, eh, eh, hindi ka magbigay . Ah, wala. They will convert it into illegal possession nyan .You go around the court rules sa Metro Manila .Conduct ka ng survey kung sino ang nag-chargeng illegal use. Baka sa 100, iisa lang . Sa 100 casesof drugs, iisa lang ang na -charge ng illegal use.Dagdag sa trabaho yan eh, pulis pa ?

In the information charges possession but isactually a violation of another provision, is theaccused entitled to an acquittal?

No. No, it is not. As long as the allegations in theinformation will include possession, wala . It will notviolate any - it does not violate the right of theaccused in the rules in criminal procedure. di ba ?You can be convicted of a crime not necessarilycharged with the provision as long as it isnecessarily included in the crime charged. Di ba,gaya ng murder. Like this one also, if you arecharged with illegal sale. Under Section 5, you canstill be convicted of illegal possession becausepossession is necessarily included in the sale. Youcan not sell without possessing it. Ganon din ang principle. So it will depend on whether or not that is

a crime necessarily included in the crime chargedin the information.

SECTION 29 - PLANTING IN RELATION TO RPC363Planting of evidence. Planting of evidence ispunishable by penalty of death.

But if you plant any other evidence in the crime, inany other crime, then the law that is violated isArticle 363 of the Revised Penal Code.Incriminatory machination, ha ? It"s not malicious

persecution. Yung malicious prosecution is you - itmight lead to a crime of perjury, eh. Maliciousprosecution. $Pag malicious prosecution, it"s usuallya damage suit.

Now, if however, what we did is that we planted anevidence, like a firearm, so that he can be chargedwith illegal possession of firearm, that can not beperjury because there is no false statement, thenthat will now become a crime of incriminatorymachination under Article 363. Now, if the charge,however, is violation of Republic Act 9165, I planteda shabu in order that he can be liable, then theoffense that is punishable is violation of Section 29,planting of evidence where the penalty is death.Penalty yan, penalty of death for planting of





evidence. Do you follow? What about maliciousprosecution? Ano yung malicious prosecution? Forpurposes of recovery of damages lang yan.

SECTION 33 - WITNESSES IN RELATION TOSECTION 26 - CONSPIRACYThis has to be connected with Section 26. Now, 26

and 33 can be correlated with one another. Why didCongress come up with these two provisions? It"slike this. When you say malum prohibitum, theprinciple is that you can only be liable when you arecaught in the act of violating it, hindi ba ? Mereviolation of the law makes the offender criminallyliable. Therefore, you can not make the source ofthe drugs liable because the drug pushers or thedrug lord is sleeping in his house. So, if I am theseller, so the drug lord says, okay. “The shabucame from the drug lord living in a high risecondominium.” Then he has the sellers. Yung mga

bidder man nya . And then here comes now a smalltime seller. But those drugs come from the druglord. Now, if that seller now is caught in the act ofselling, then who will be liable? The seller. The onewho is caught – the one who is caught sellingbecause that is the essence of malum prohibitum,ha . The one who is committing the act is the oneliable under the principle of malum prohibitum.

So, the brainers of the law adopted thecharacteristics of mala in se into the law, that"swhy you have conspiracy. Attempt and conspiracyand that"s why you have Section 33. That if you are

charged with offenses where the penalties are lightoffense, Section 7 illegal prescription, illegal possession of drug paraphernalia, illegal use;then that victim may be utilized as a witness bythe government in order to charge the sources ofthese drugs or those who are in the business ofimporting under Section 4, in the business oftrafficking under Section 5, in the business ofmanufacturing, in the business of maintaining aden, in the business of cultivating. All of those cannow be liable by utilizing the person arrested aslong as the person arrested is not charged with a

higher offense, specified sa Section 33, eh . Yungmga light offense lang yan . Illegal prescription,illegal use, ! yung paraphernalia, di ba, or visitorsof a den or employees of a den. So, they can benow utilized as witnesses against those, even -even, nakalagay sa Section 33. Even if you do notcomply with the requirements of the dischargeof an accused under your rules of criminalprocedure.

You file a case against all the accused, then if theevidence of the prosecution, not actually weak, butthe evidence of the prosecution needs one of theaccused to be discharged, then you file a motion todischarge with the same criminal proceedings, andthen you convince the court that all the essential

elements of a discharge of accused are present, hedoes not appear to be the most guilty, that theevidence can be corroborated by other pieces ofevidence, he should have not been charged asconvicted of a crime involving moral turpitude, diba ? Then you have to prove. Okay.

Under Section 33, you do not need that. Evenbefore the filing of the case, you can alreadyuse the person arrested as a witness todetermine who are the sources, who are thoseinvolved in drug trafficking, in drugmanufacturing, in drug transporting, or even inimporting. Do you follow? You correlate that withSection 26. Anong sinasabi sa Section 26?Conspiracy. A conspiracy allowed in malumprohibitum. Why? They followed this from theNarcotics Law of United States of America eh , diba ? Okay.

Another example, so I was caught in the act ofselling to him, di ba? Now, how will you hold thesource of the drugs who is found in China? If I"minvolved in the act of selling, di ba ? Because I amthe one violating the law. Under the principle ofconspiracy. If you can prove that the drugs camefrom that man from China or any place in the world,he can be indicted under the principle ofconspiracy. But of course, the other question will behow can you establish conspiracy? That"s anotherthing.

But what I"m saying is that you can now charge thesources of the drugs under the principle ofconspiracy. $Yun ang purpose na inilagay ! yung Section 26 at saka Section 33, to hold the sourcesof trafficking of drugs likewise liable either underSection 33 or under Section 26. Kaya magandangprovision yan, but ngayon wala pa, eh .

Paano yun g territorial provision?

Well, the problem there is whether or not the lawcan be applied here. The crime is committed here,

eh . But, whether or not you can bring it here in thePhilippines, that"s another thing.

If the delivery was made in China?

Ah, hindi puwede dito ! yon . Delivery made inChina?

But if the middle man is here based on report, thatthe…

He can be indicted here under the principle ofconspiracy because the crime was committed here.That is the effect of Section 33 and Section 26.That"s a good law, but I have yet to hear otherscharged with this kind of conspiracy or under





Section - wala pa , wala pa akong naririnig . It"s agood law, but very hard. It"s very hard to proveconspiracy. Alam naman ninyo ! yan eh . You proveconspiracy as if there is the crime, so therefore,prove conspiracy with proof beyond reasonabledoubt, hind ba ? Yes?

Sir, I was going to ask about proving the conspiracypart, sir, because di ba , malum prohibitum,mahirap .

We have to prove conspiracy. But probably theprovisions there are deterrent, hindi ba ? Deterrentparati. S o - anyway. But let"s go further.

Sir, it says here that anyone who voluntarilysubmits to rehabilitation then shall beexempted from prosecution and punishment.Sir, makikipag-areglo ka na lang ba sa kanila?

That"s a good question, because they might raisethat as an issue in Section 33, eh . You might beviolating the right of the accused. The one who isarrested, like for example of illegal use, then youcompel him now to testify against him, he notassisted by counsel. That can be used as a - anoeh …that may be used to deflect the purpose ofSection 33.

So, my only concern is that, that is a rule, whetheror not it can be admissible, that"s another thing. It"sup to you. But, as long as the law says that, it will

make you explain. Magiging problema talaga ! yan .Because once you get the statement of a personarrested, then you will apply now the rules, therules of criminal procedure or cal in the Constitutionnow, that might become an extrajudicial confession,eh . Considered $yan admitting eh. That"s anotherthing.

Alam mo kasi, pinattern nila sa Amerika yan, eh .You know that in America, mas strict ang rulesnatin , ang laws natin . Ang due process, mas stricttayo dito kaysa Amerika . Dun sa Amerika , may

search warrant ka , a search warrant is issuedagainst the individual. That individual is arrestedand then if he will cooperate, then the policemanand the district attorney can already bargain withthe person arrested, and then he will give hisstatement implicating the source, admissible ! yan. Sa atin hindi puwede eh . Oo, ganun sa Amerikakaya ang dali nilang nakakahuli sila even if the drugports from Panama, in other Columbia eh, na-iindictnila doon, eh because of what? Eh tayo, masyadotayong pasikat, eh. Ano ha? Sobra sobra eh, hindiba?

Kaya , probably they only place that as adeterrence, but actually if you get the statement ofa person arrested, they might question the legality

of the statement as violation of extrajudicialconfession or they may invoke self incrimination.Maraming objections diyan eh, but what I amalways saying is that this is better than ordinarycrimes. Because if you want to discharge anaccused in a crime committed as a whole crime,then you have to follow the requirements under the

rules.

Ganyan din ang mga - kaya nga ang nilagay sa Section 33, you will not anymore go to this processof an accused being discharged during the trialbecause the process is harder. Kasi ang processsa rule ng criminal procedure, you present thewitnesses, he will submit an affidavit, then aftersubmitting the affidavit, you"ll present him as awitness, he will be subjected to a crossexamination. If the court is not convinced, deniedyung discharge. If the court is convinced, then

discharge him.

But, under this 33, even before you go to trial,puwede nang i -exclude that person who gavethat statement in order for the arrest of thesource of the drugs under Section 33. Nakalagay diyan, hindi ba ? So, there is no need offiling a motion to discharge. In the first place, he isnot being charged as a drug pusher or trafficker.Ganun ! yon . That"s why the law says, notwithstanding the provisions of the rules of criminalprocedure on discharge of the accused, the personarrested for violation, ! yan , of Section 7 yata or

Section 11, probably Section 12 or 15 and so on.Illegal prescription of drugs or authorized robber, hecan be used as a state witness. $Yan ang implication ng Section 33.

Comprehensive Dangerous Drugs Act, Part 2

SECTION 21 - DESTRUCTION OF EVIDENCE

Okay, that is a new provision. This is the onlycrime in our penal structures where the lawrequires the destruction of the evidence evenbefore trial. The usual position of the destruction

of tools or instruments used in the commission of acrime or the law would be the provisions in Article45 of the Revised Penal Code. Under Article 45 ofthe Revised Penal Code, those of instruments usedin the commission of the crime, are forfeited infavor of the government. But that forfeiture underArticle 45 takes place during judgment. In otherwords, that is incorporated with the judgment.When caught, you can only get the tools,instruments, those used in the commission of thecrime, are for trial because that will be incorporatedin the judgment.

But under Section 21 of the Dangerous Drugs Law,the law allows the destruction of the evidence evenbefore trial. Of course, the process is very long





under Section 21. Masyadong mahaba yung process dyan, eh. But you can simplify theprocess.

1. The first process is that when dangerous drugs,or equipment, or precursors, or chemicals areseized or confiscated, then they shall remain in

the place where they seized or confiscated.What the policemen will do is to conduct aninventory and then brought forth to cuff them.They cannot move, di ba ? Let's say, there is asearch warrant. So this house is now searched.There are chemicals, or dangerous drugs, orequipment in the production of drugs, then thoseshall not be touched by the arresting policemenor certain policemen. What they will do is thatthey will photograph and then they will inventory.

2. Right after the inventory and the photograph,3. then the evidence will be transferred to the

chemist, ano? 4. The chemist now will now determine if thoseconfiscated are found to be positive to the test ofdangerous drugs. So then, all of these will besubjected to a test.

5. And then she will prepare the report under oath.The purpose of the report is to determine really ifthey"re positive to the test for dangerous drugs.Now, if the result is positive then the chemistnow will and the policemen will now file the casebefore the inquest fiscal.

6. They will now bring the case to inquest fiscal.Do you know who the inquest fiscal? We

studied that under Article 125. The inquest fiscalis to determine if there is a probable cause uponthe information if a person is arrested without awarrant. In other words, if there is a warrant ofarrest, then that case will be brought to the fiscalto determine if there is a probable cause offinding information without a need of apreliminary investigation. So, the case will go tothe fiscal and then the fiscal is required to findinformation if there is a probable cause within 24hours from receipt of the complaint. If it is thesubject matter of inquest for within 48 hours, if it

passed through the regular preliminaryinvestigation under Section 19 of 9165, noh .

7. If your information now is received by the court,what will the judge do? The judge within 72hours from receipt of the information will conductan ocular inspection in the place where theitems are located.

8. And then within 24 hours from the ocularinspection will cause the destruction of theevidence. If the presence of the accused, hiscounsel, the fiscal, the media, the PDEA,concerned citizens, dami eh, and then what willhappen is that, it's like a court proceeding. Theprocess of destruction is recorded by the court.

9. So let"s say this is one ton, di ba? What they willdo is that, they will just get a representative

sample. The representative sample, if this isone ton, so probably a representative sample of500 grams will do. So, kukuha ng 500 gramsand then later on, the 500 grams will be one thatwill be marked and that will now be the one thatwill be used in the presentation of the evidenceof the prosecution. So you get a representative

sample that is recorded by the court, that ismarked during the burning and then all thosethat are no longer needed will now be destroyed.So what will happen is that during the trial, onlythose representative samples that were takenduring the burning, will be the one that will bepresented to the court to defend to establish thepurpose direct time. That"s what happens inSection 21.

That"s why the law, as I said, this is the only crimethat the law allows destruction of the evidence even

before arraignment. Kasi within 72 hours in 24hours from the ocular inspection, the evidencemust be destroyed. That is a new provision.

SECTION 27These officers or those who are in-charged in thekeeping of evidence, must keep the evidence,actually you know. They are not supposed to use itfor themselves or steal. That will become a crimeunder Section 27 because that will be equivalent topilferage. They must account for the drugs in theirpossession when required. If they cannot account,then that"s also a violation of Section 27. It is

either pilferage or misappropriation of thedrugs confiscated.

So, what happened to that problem two years agois that sabi nila qualified bribery. The problem wasthe Chinese arrived on the airport. I told you withfive kilos wrapped in five different packages. So,there were five kilos wrapped in five differentpackages. He was arrested by the customs withthe aviation police in NAIA, and then, 'yun pala, thepolicemen arrested the Chinese and a negotiation.So, what they did was the arresting officers cut

three kilos of the heroin and then the Chinese cutthe two kilos of heroin, and then he was allowed toleave. In other words he was never arrested.

Question, what are the crimes committed? Nandunlahat ng facts eh. What are the crimes committed?Of course, the Chinese is liable for drug traffickingor importation under Section 4. But there are alsooffenses committed by the police officers, eh . So,sabi nila , that is direct bribery or qualified briberyunder article 411-A. If an apprehending officer failsto prosecute or apprehend the person where thepenalty is reclusion perpetua to death or lifeimprisonment, the crime is qualified bribery,because they failed to perform required by law.And the penalty of the offense committed by the





Chinese is a penalty of life imprisonment to death,then they are liable to the crime of qualified bribery,and therefore 411. But that's not the crime. Thatis not qualified bribery because there was no –what was taken, what was given rather, to thepolicemen in order not to perform required bylaw is not money in exchanged. It is the very

evidence, if we define, the three kilos of heroinwhich should have been taken by them, kept bythem and then surrendered to the authoritieslater on, if required. But what did they do? Theydid not charge the person arrested. Happy sila.Kinuha ng pulis yung tatlo. Yung dalawa ibinigaydun sa arrested. So, hindi pwedeng bribery 'yunbecause the three kilos were already part of theevidence, eh . So, anong crime 'to per Section 27?Because they were supposed to keep the evidencein order that when they are required to account forthem, they have to account for them. And that is an

evidence in dangerous drugs.So, the violation is

Section 27 not bribery.

The offense committed would be – that"s what Iwas telling you. They are also liable for thecrime of what, Protectors and coddlers of adrug trafficker under Section 4 or an importer.So, there were three crimes. One for Section 4 forthe Chinese, two offenses for the police officersSection 27, and then the other one is protector ofcoddlers. That's the meaning of Section 27, ha ?Okay.

SUSPENSION OF SENTENCELook at your Section 66, that if the offender is aminor, first time minor offender, hindi ba , and at thetime of the commission of the crime, between theages of 15 and 18 acting with discernment, as longas at the time of trial, he is still or at the time the judgment should have been promulgated, he is still18 years of age, then he is entitled to suspension ofsentence, di ba ? So, the requirement is that, heshould be less than 18 at the time of thecommission of the offense and less than 18 atthe time the judgment should have been

promulgated. Dalawa lang ang requirementnun di ba? So, dapat 18 pa rin siya.

But under Section 38 of your 9344, that's why thereis conflict between the two, eh . Under Section 38of Republic Act of 9344, a suspension of sentenceof minor offender, the law says that, if the offenderis less than 18 at the time of the commission of thecrime, even if he is already more than 18 at thetime judgment should have been promulgated, hecan still apply for suspension of sentence. So, mayconflict yung dalawa. Yung una eh yung sa 9344,kahit more than 18 pwede pa rin . In other words,you were arrested, 17 years old. Then you go totrial. At the time that the judgment is about to bepromulgated, you already reached the age of 20.

Pwede ka ng magsuspension of sentence under9344 because the law does not require that you arestill less than 18 at the time the judgment shouldhave been promulgated. But under Section 66 of9165, at the time the judgment should have beenpromulgated, you are still less than 18. So theproblem is what law are you going to apply? Is it

9344 or Section 66 of Republic 9165?

If the offense is violation of 9165 because thatis a special law, then Section 66 will apply. Thatwill govern. Suspension of sentence of minoroffender for drug cases the law that is applicable isSection 66, 9165. Not the general provision in theRepublic Act 9344.

SECTION 91 AND 92 - BUNGLING; DELAY

And then you have also offenses like delay ofbungling under Section 91 and 92. We have there

offenses involving bungling or committed by thosewho prosecute or those who apprehend. Bungling.Ano yun g bungling or delay? Bungling. Thepoliceman testifies in favor of the accused, or thefiscal probes a case not for the conviction of theaccused but for his acquittal, or the witnessestestify for the acquittal of the accused, they areliable of bungling. The penalty is a little bit ano harsh. 12 years and 1 week to 20 year"s 'yan. Then policemen or witnesses who refuse to testifyare likewise liable for delay for failure to testify.That is also a crime. Kaya pag nasubpoenahan kang pulis either ng husgado, yun pulis ayaw

magtestify filan mo ng criminal case. He will beliable under this provision, sa 91 'yan 92.

CULTIVATION; MANUFACTURINGThen you go back to the other offenses for crimes,ano . Meron din yung crime na cultivation. 'Yungmga nagtatanim ng marijuana, cultivation 'yan .Meron din yung manufacture. Those whomanufacture dangerous drugs. Matindi ang penaltyn'yan, life imprisonment to death. Pag nagtanim kang marijuana sa loob na lang ng bahay. Bakit saloob ng bahay? You can put up a defense, eh .

Medicinal, eh . Sabi nila, gamot daw sa tiyan .Although sa Ilocos maraming nagtatanim sa loobng bahay nyan. Oo. Ginagamit ng ano eh. Theyboil the leaves and then they drink. Sabi nilagamot daw. I don"t know. Di ko pa nasubukan .But that"s what they do. But cultivation that meansplantation is punishable by life imprisonment todeath.

SECTION 25; QUALIFYING AGGRAVATINGCIRCUMSTANCE When one commits a crime and he is foundpositive to the test of dangerous drugs, then it is aqualifying aggravating. Nakalagay sa Section 25.We debated kasi pag sinabi mong qualifiedaggravating, then it may change the nature of the





crime. Gaya ng homicide. Commit a crime ofhomicide without any qualifying aggravating then itbecomes a crime of homicide. But when youcommit a crime of killing attended by qualifyingaggravating circumstance of treachery, then thecrime becomes a crime of murder. So, thetreachery is a qualified aggravating.

Now, if you apply that principle. Similar to Section25 because Section 25 says that if one is foundpositive to the test of dangerous drugs, then that isa qualifying aggravating circumstance. Then if youkill somebody else, no qualifying aggravating. Butyou were found positive to the test of dangerousdrugs, then the crime becomes a crime of murder.Ganun tatanggap ng qualifying aggravating.

I think that is not the intention of the lawmaker.

Robbery. You put her a gun then give me yourmoney or else I will kill you. Then you give you themoney. Then you were arrested. Then when youwere arrested you were subjected to a test for thepresence of dangerous drugs. Positive. So, whatwill happen now? If that is a qualified aggravatingcircumstance, being positive to the test ofdangerous drugs, then the crime becomes qualifiedrobbery. Wala namang crime na qualified robbery.So, that is only special aggravating or yungqualified theft na ninakawan ka ng katulong mo .She has free access to your personal belongings.You come to class. When you go home, pagdating

dun sa bahay, mister Puno would like to take abath. His boy already ran away with his brief. Ifthat boy is found positive to the test of dangerousdrugs and you consider his being positive to thetest of dangerous drugs as a qualified aggravating,then you will have a crime of qualified qualifiedtheft. Sabi ko hindi qualified yan, specialaggravat ing. That should be specialaggravating. It was not intended to change thenature of the crime. With being positive to the testof dangerous drugs is not intended to change thenature of the crime because even there is actually,

to impose the maximum penalty of the crimecommitted.

SECTION 36 - MANDATORY DRUG TESTINGThen the other thing is that yung sa Section 36,mandatory drug testing. There is a pending case inthe Supreme Court until now. The case was filedas early as 2002 right then after the law begineffective. Questioning the mandatory provisions ofArticle under Section 36 on mandatory drug testing.The law says that if you are securing a license foryour gun then you have to undergo mandatory drugtesting.

On your section, a license for the purpose ofdriver"s license, then you have to have a mandatory

drug testing. Then, if you belong to the tertiary orsecondary school, then you have to undergomandatory drug testing. Then, when you enter theCivil Service, now there is from the government,mandatory drug testing. When you enter a privateemployment, then that is also mandatory drugtesting, or you run for a public office, then you have

to undergo mandatory drug testing. The worst isgiven. The worst is – when one is charged to thecrime or an offense with the fiscal "s office, ha ,nakalagay doon sa Section 36, when one is chargewith the crime before the fiscal"s office and thepenalty of the crime charged against therespondent is a penalty of more than 6 years,mandatory drug testing. Let"s say finile mo si Mr.Sosa ng estafa sa fiscal"s office. Ang penalty ay 6years and 1 day to 12 years. prison mayor . He willhave to undergo mandatory drug testing underSection 36. Kaya nga sabi nila foul ang Section 36.

It is - you are presumed innocent, di ba ? After theworker – what is the use if they had to undergodrug testing? Gina-judge ka lang kung may loko isto bring it up. Kailangan kahit anong pasok basta more than 6 years. Let's say physical injuries langang dapat na file sa iyo . What will the complainantdo? He will fight against a frustrated homicidebecause if it frustrated homicide, the penalty is 6years and 1 day to 12 years, mag-mamandatory drug testing ka , iistorbohin ka niyan . But yun angnakalagay sa Section 36 eh .

Also in tertiary and secondary schools. What"s

the reason why this young people, young childrenwill undergo a mandatory drug testing, di ba ? Sabini Mayor Duterte e , why should one running for arepublic office undergo a mandatory drug testing ifthe constitution already provides for thequalifications, hindi ba ? That is anotherqualification. So, the problem with this law of domeeffect, a petition was filed with the Supreme Courtquestioning because of this current Section 36.Wala pang resulta, matagal na . For those in themilitary or armed forces of the Philippine, they areunquestionable. So, there's now pending

mandatory drug testing.

But then, the other thing that we have toremember is when you are charged with illegalpossession, di ba ? Illegal possession sa Section 11. The penalty on Section 11 isdependent on the quantity, regardless of thepurity. That is the only offense where thepenalty is dependent on the quantity.

SECTION 13/14 - POSSESSION OF ILLEGALDRUGS AND OR PARAPHERNALIA IN SOCIALGATHERING IN RELATION TO SECTION 11 /12ILLEGAL POSSESSION OF DRUGS AND ORPARAPHERNALIA





Now, you look at your Section 13. I think it is inSection 13. The law says that when one iscaught in the act of possessing dangerousdrugs in the company of two or more personsor in a social gathering, then the penalties hadbeen imposed is maximum period. Therefore,Section 13 is aggravating circumstance of

Section 11.

Section 13 is an aggravating circumstance ofSection 11. And then, that"s why –supposing two ormore persons are caught in the act of using. So,there are 3 persons caught in the act of usingdangerous drug. Kung tatlo kayo , what is the effectof 3 persons at the same time using dangerousdrugs? What is the effect? Sabi nila, aggravatingpa yun eh . Hindi aggravating yun . Theaggravating circumstance in Section 13 is only inso far as illegal possession. Illegal possession yan ,

not an aggravating in illegal use.There is no

aggravating in illegal use. Kaya sabi nila, Section 13 daw is pot session . Ang Section 13,hindi pot session yan . Section 13 is anaggravating circumstance in illegal possessionunder Section 11.

Section 14, l ikewise, is an aggravatingcircumstance when illegal possession of drugparaphernalia is in the comfort of 2 or morepersons or in a social gathering, then the penaltyshall be imposed. It is maximum period. In otherwords, the aggravating circumstances in 13 and

14 do not refer to illegal use. There is no suchthing as aggravating circumstance in illegal useunder Section 15.

So, 13 and 14 actually are not offenses, butaggravating circumstances in violation of Section11 and Section 12 respectively. So, what for?Wala na . Of course, I told you last time, yung number 1 element of illegal possession is or eventhe violation of dangerous drugs law is thepresentation of the drugs during the trial, hindi ba ?Let"s say, if you want to prove we're drug pushing

under Section 5. Question: How many witnessesare you supposed to present? Di ba drug pushing,sale? Sale, di ba, sale? How many witnesses aresupposed to present? Should be 2, okay? Sabi ng Supreme Court, 1 is sufficient witness as long asthe witness has personal knowledge andtherefore can testify on the Section 11 of theoffense.

The other thing is that, as I told you last time and Iwill say it again, when you say dangerous drugs,and therefore shall be presented and identified andoffered as evidence in the trial, there must be yet toprove the chain of custody from the time he isarrested from the offender up to this time he istransmitted to the investigator, until the evidence is

submitted to the chemist for examination, until theevidence is preserved for purposes of trial. Andthen, you have also to prove the chain of custodyfrom the time it is brought to the court and then oneduring the trial. If there is any hiatus on the chainof custody, the accused will be acquitted. Sabi ng Supreme Court e yung police eh, nakasuhan niya

sana kay Mr. Sosa. Ang ginawa ng pulis, hindinaman niya minarkahan yung evidence or thearresting officer did was to bring Mr. Sosa to thepolice and then it was already police station thatthe evidence was not but even the arresting officer,not by the arresting officer, but the policeman whowas not even the arresting policeman, but thepoliceman who was asked to investigate the case.Sabi ng Supreme Court, the policemen havevindicated the case. He is not the one whoarrested the person. That may not be the evidenceconfiscated from the accused or in a case also why

they decided to the Supreme Court with the arrestwarrant. The place – therefore they brought theperson arrested to the police station. That wasonly the time that they frisked the accused, thenwhen they frisked, they found dangerous drugs.Sabi ng Supreme Court, damputin yan . Bat hindimo frinisked dun sa pagkahuli dun sa lugar? Bakitdoon lang sa police station? Don"t expect 'tong Supreme Court sa purpose the ringside. Theaccused established the evidence of confiscatedfrom the accused. There is a doubt there. Okay.

VOLUNTARY / COMPULSORY SUBMISSION

No more. If it is offenses under of the same code,you're being positive to the dangerous drugs. Hewill be liable for violation of Section 13. The justification of Section 25 is a crime or offensepunishable under the law. Kasi sa Section 55,yung voluntary submission is procedural, hindilalabas sa bar yan e , yung compulsory submissionand then voluntary submission. Supposing you areasked, what is voluntary submission and what iscompulsory submission? Let"s say, you"re anaddict, di ba ? You are not arrested in the act ofusing. But they believe that you are really a drug

dependent. What will you do? You go to the courtand then file a petition for voluntary submission.The purpose there is that before the order, that youwill be rehabilitated. That"s the meaning ofvoluntary submission. If you now rehabilitated, youare not liable for any crime because you"vevolunteered to the court that you are a drugdependent. That"s the meaning. But in the crimeof compulsory submission, ayaw mong magamot ,then somebody, probably your father, your mother,or any agency for that matter, who will file apetition. That is what they call compulsorysubmission. He is not the person who goes to thecourt and then asks for an order that he may berehabilitated, but another person, the third personshall be compelled, and the court will order his





arrested and then brought to a rehabilitation center.That"s the meaning, ano ? But in both cases, if yousucceeded in your rehabilitation program, you willno longer be liable for illegal use. Kasi nag-submitka voluntarily e . That is the meaning of voluntarysubmission or compulsory submission. I think wehave passed everything that we are supposed to

pass. Yung ngayon , the decisions not in SupremeCourt, have you heard about PDEA? Kasi underthe law, there would be agency, the dangerousdrugs law of the PDEA (Philippine DrugEnforcement Agency).

PDEA (Philippine Drug Enforcement Agency).Now, under the law, the arrest or violators of theDangerous Drugs Law, the lead agency is PDEA,that's the law. So, supposing a policeman does notbelong to the PDEA makes his own arrest withoutinvolving the PDEA of such arrest. So they use

that, they capitalized on those situation for theacquittal of the used drug as a drug for theacquittal. Kasi nakalagay dun sa law, the leadagency and so far as the dangerous drugs disposalis PDEA. And under the law, before policeman, notmembers of the PDEA, who make arrest, theyshould first coordinate with the PDEA. So, let"ssay, they operate here in Rockwell, ordinarypolicemen, before they come here and operate, themembers to coordinate with the PDEA. Boss,meron kaming i-operate dito sa Rockwell. Mga addicts. That's the procedure. Not in RockwellAvenue ha ? So, what they do is that, sometimes

they do not anymore inform the PDEA. They donot coordinate. They go down into the place andthen make arrest. The accused lawyers will raisethat issue. That they cannot be convicted ofviolation of 9165 because they failed to inform thePDEA. That will not cause the acquittal of theaccused. That is only procedural in character.What is only required by the law is that the PDEAshall be the lead agency. But the law does notsay that, eh kung ganun ang mangyayar patiako . Di ba meron tayong citizen's arrest? Atkung meron akong marijuana dun , eh wala

namang PDEA, hindi ko na arestuhin yan ?Minsan, mga abogado rin mga loko e. Nungmanalo yung mga inaresto, sabi ng SupremeCourt nagalit pa eh . That will prevent othersfrom conducting arrest. Even if somebody issmoking marijuana in your presence, you canno longer arrest him. If you call action PDEA, eyung PDEA nag-iinuman daw .

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter OneGAMBLING AND BETTING

Art. 195. What acts are punishable ingambling. —(a) The penalty of arresto mayor or a fine notexceeding two hundred pesos, and, in case ofrecidivism, the penalty of arresto mayor or afine ranging from two hundred or six thousandpesos, shall be imposed upon:

1. Any person other than those referred to insubsections (b) and (c) who, in any manner

shall directly, or indirectly take part in anygame of monte, jueteng or any other form oflottery, policy, banking, or percentage game,dog races, or any other game of scheme theresult of which depends wholly or chiefly uponchance or hazard; or wherein wagersconsisting of money, articles of value orrepresentative of value are made; or in theexploitation or use of any other mechanicalinvention or contrivance to determine bychance the loser or winner of money or anyobject or representative of value.

2. Any person who shall knowingly permit anyform of gambling referred to in the precedingsubdivision to be carried on in any unhabitedor uninhabited place of any building, vessel orother means of transportation owned orcontrolled by him. If the place where gamblingis carried on has the reputation of a gamblingplace or that prohibited gambling is frequentlycarried on therein, the culprit shall be punishedby the penalty provided for in this article in itsmaximum period.

(b) The penalty of prision correccional in itsmaximum degree shall be imposed upon themaintainer, conductor, or banker in a game of jueteng or any similar game.(c) The penalty of prision correccional in itsmedium degree shall be imposed upon anyperson who shall, knowingly and without lawfulpurpose, have in his possession and lotterylist, paper or other matter containing letters,figures, signs or symbols which pertain to orare in any manner used in the game of juetengor any similar game which has taken place or

about to take place.





Art. 196. Importat ion, sale andpossession of lottery tickets oradvertisements. — The penalty of arrestomayor in its maximum period to prisioncorreccional in its minimum period or a fineranging from 200 to 2,000 pesos, or both, in

the discretion of the court, shall be imposedupon any person who shall import into thePhilippine Islands from any foreign place orport any lottery ticket or advertisement or, inconnivance with the importer, shall sell ordistribute the same.Any person who shall knowingly and withintent to use them, have in his possessionlottery tickets or advertisements, or shall sell ordistribute the same without connivance withthe importer of the same, shall be punished byarresto menor, or a fine not exceeding 200

pesos, or both, in the discretion of the court.The possession of any lottery ticket oradvertisement shall be prima facie evidence ofan intent to sell, distribute or use the same inthe Philippine Islands.

Art. 197. Betting in sports contests. —The penalty of arresto menor or a fine notexceeding 200 pesos, or both, shall beimposed upon any person who shall betmoney or any object or article of value or

representative of value upon the result of anyboxing or other sports contests.

Art. 198. Illegal betting on horse race. —The penalty of arresto menor or a fine notexceeding 200 pesos, or both, shall beimposed upon any person who except duringthe period allowed by law, shall be on horseraces. The penalty of arresto mayor or a fineranging from 200 to 2,000 pesos, or both, shallbe imposed upon any person who, under the

same circumstances, shall maintain or employa totalizer or other device or scheme forbetting on horse races or realizing any profittherefrom.For the purposes of this article, any race heldin the same day at the same place shall beheld punishable as a separate offense, and ifthe same be committed by any partnership,corporation or association, the president andthe directors or managers thereof shall bedeemed to be principals in the offense if theyhave consented to or knowingly tolerated itscommission.

Art. 199. Illegal cockfighting. — Thepenalty of arresto menor or a fine notexceeding 200 pesos, or both, in the discretionof the court, shall be imposed upon:

1. Any person who directly or indirectlyparticipates in cockfights, by betting money orother valuable things, or who organizescockfights at which bets are made, on a dayother than those permitted by law.2. Any person who directly or indirectlyparticipates in cockfights, at a place other thana licensed cockpit.

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SPECIAL LAWS ON GAMBLINGPD 1602Gambling is winning by chance, we bet. So,

winning is dependent on based on level of chance,not on skill. But even if it is based on chance, thesegames are played or gambling is played like aparlor game, then there is no violation of PD 1602.Pag sinabing may patay, merong nakipaglamay.Naglaro sila ng Lucky 9 or games among theimmediate members of the family just to kill thetime. Parlor game yan. That’s not gambling. Thereare other special laws concerning gambling, butthey do not fall under PD 1602. We have illegalcockfighting, yung point shaving, yung sportcontests, illegal bookies. Hindi naman yanitatanong sa bar yan eh. Maybe 1602 lang ang itatanon diyan sa bar exam.

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Chapter TwoOFFENSES AGAINST DECENCY ANDGOOD CUSTOMS

Art. 200. Grave scandal. — The penaltiesof arresto mayor and public censure shall beimposed upon any person who shall offendagainst decency or good customs by any

highly scandalous conduct not expressly fallingwithin any other article of this Code.

Art. 201. Immoral doctrines, obscenepublications and exhibitions andindecent shows. — The penalty of prisionmayor or a fine ranging from six thousand totwelve thousand pesos, or both suchimprisonment and fine, shall be imposed upon:(1) Those who shall publicly expound or

proclaim doctrines openly contrary to publicmorals;





(1) (a) the authors of obscene literature,published with their knowledge in any form;the editors publishing such literature; andthe owners/operators of the establishmentselling the same;(b) Those who, in theaters, fairs,cinematographs or any other place, exhibit,indecent or immoral plays, scenes, acts orshows, whether live or in film, which areprescribed by virtue hereof, shall includethose which(1) glorify criminals or condone crimes;(2) serve no other purpose but to satisfythe market for v io lence, lus t orpornography;(3) offend any race or religion;(4) tend to abet traffic in and use ofprohibited drugs; and

(5) are contrary to law, public order, morals,and good customs, established policies,lawful orders, decrees and edicts;

(2) Those who shall sell, give away or exhibitfilms, prints, engravings, sculpture orliterature which are offensive to morals. (Asamended by PD Nos. 960 and 969).

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Yung obscenity, pornography, obscenity and so on,then that would be different. Wala masyado yan sa

Book 1 obscenity, pornography. But obscenity is notonly limited to what you see from human beings,but it may also include yung mga ano obscenematerials or yung mga istorya. Ano ba yan? Xerex ba yan? Yung mga sa Tiktik. Tiktik, Sagad , ano bayun? Yung mga Sagad, ano ba yun? All of these,included sa obscenity yan. So, it’s not only intelevision, cinematography or human beings thatwe see, they include ‘yan, stories, komik,s lahatyan. So, yun lang yan.

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Art. 202. Vagrants and prostitutes;penalty. — The following are vagrants:

1. Any person having no apparent means ofsubsistence, who has the physical ability to workand who neglects to apply himself or herself tosome lawful calling;2. Any person found loitering about public or semi-public buildings or places or trampling or wanderingabout the country or the streets without visiblemeans of support;3. Any idle or dissolute person who ledges inhouses of ill fame; ruffians or pimps and those whohabitually associate with prostitutes;

4. Any person who, not being included in theprovisions of other articles of this Code, shall befound loitering in any inhabited or uninhabited place

belonging to another without any lawful or justifiable purpose;5. Prostitutes.For the purposes of this article, women who, formoney or profit, habitually indulge in sexualintercourse or lascivious conduct, are deemed tobe prostitutes.

Any person found guilty of any of the offensescovered by this articles shall be punished byarresto menor or a fine not exceeding 200 pesos,and in case of recidivism, by arresto mayor in itsmedium period to prision correccional in itsminimum period or a fine ranging from 200 to 2,000

pesos, or both, in the discretion of the court.

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A prostitute is very hard to prove because theyhave to prove regularity or habituality. There mustbe an element of habituality or regularity. Eh, sinomagtetestigo?

In other words, how can you prove a crime of beinga prostitute when there are no witnesses? Sinomag-te-testify? The only one who can testify is thecustomer. Kasi , who will prove habituality orregularity? Customer lang eh. Most of thecustomers are married. Di nahuli sila ng misis.Kasi nga customer, binata, naku hopeless namanyang binatang yan. Hopeless! Kukuha ba ng prostitute eh binata siya? Mag-asawa na lang. Sinoang gumagami t diyan?

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Title Seven

CRIMES COMMITTED BY PUBLICOFFICERS

Chapter OnePRELIMINARY PROVISIONS

Art. 203. Who are public officers. — Forthe purpose of applying the provisions of this

and the preceding titles of this book, anyperson who, by direct provision of the law,popular election or appointment by competentauthority, shall take part in the performance ofpublic functions in the Government of thePhilippine Islands, of shall perform in saidGovernment or in any of its branches publicduties as an employee, agent or subordinateofficial, of any rank or class, shall be deemedto be a public officer.

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In other words, the crime punishable found underthis chapter are those crimes where being a publicofficer is inherent in the crime. So that if you go





back to Paragraph 1 of Article 14, the law says thattaking advantage of public position is anaggravating circumstance, hindi ba? So, if youcommit a crime defined from Article 244 then 245,that taking advantage of public position as anaggravating circumstance in Paragraph 1 of Article14 is not applicable to any of the crimes becauseyou cannot take advantage of your public position

when that is the very element of the crime. Do youfollow?

Article 203, therefore, is who are public officers - allwho work with the government, whether aconsultancy, seasonal, project, regular, regardlessof the position as long as they work for thegovernment, you are a public officer. Janitor,regular, temporary, official, member of the board, allthe receiving their pay from the gvernment,regardless of the manner of wages that you receivewhether allowance or what, you are a public officerunder Article 203.

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Chapter TwoMALFEASANCE AND MISFEASANCE INOFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjustjudgment. — Any judge who shall knowinglyrender an unjust judgment in any case

submitted to him for decision, shall bepunished by prision mayor and perpetualabsolute disqualification.

Art. 205. Judgment rendered throughnegligence. — Any judge who, by reason ofinexcusable negligence or ignorance shallrender a manifestly unjust judgment in anycase submitted to him for decision shall bepunished by arresto mayor and temporaryspecial disqualification.

Art. 206. Unjust interlocutory order. —Any judge who shall knowingly render anunjust interlocutory order or decree shall sufferthe penalty of arresto mayor in its minimumperiod and suspension; but if he shall haveacted by reason of inexcusable negligence orignorance and the interlocutory order ordecree be manifestly unjust, the penalty shallbe suspension.

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KNOWINGLYKnowingly is fraudulently. You wrongfully appliedthe law in order to accommodate one, and then inorder to cause injustice to the other party. But, theproblem, however, is how will you prove knowingly?

Knowingly can only be proven. If it is a state ofmind, like in other crimes, you can merely provethat the state of mind through acts performed bythe offender, di ba? Knowingly rendering, how doyou prove that it is knowingly? You cannot read mymind if I render an unjust judgment. Knowinglyrendering an unjust judgment. How will you provethat? Then probably through the acts of the judge.He might be whether be given money, but youcannot prove. If I then promise a benefit or youmight have the son or child receive something froma willing party. Yun ang – that’s the way to proveknowingly. But that is very hard to prove, as I said,also in interlocutory order.

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Art. 207. Malicious delay in theadministration of justice. — The penaltyof prision correccional in its minimum periodshall be imposed upon any judge guilty ofmalicious delay in the administration of justice.

Art. 208. Prosecution of offenses;negligence and tolerance. — The penaltyof prision correccional in its minimum period

and suspension shall be imposed upon anypublic officer, or officer of the law, who, indereliction of the duties of his office, shallmaliciously refrain from instituting prosecutionfor the punishment of violators of the law, orshall tolerate the commission of offenses.

Art. 209. Betrayal of trust by an attorneyor solicitor. — Revelation of secrets. —In addition to the proper administrative action,the penalty of prision correccional in its

minimum period, or a fine ranging from 200 to1,000 pesos, or both, shall be imposed uponany attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach ofprofessional duty or of inexcusable negligenceor ignorance, shall prejudice his client, orreveal any of the secrets of the latter learnedby him in his professional capacity.The same penalty shall be imposed upon anattorney-at-law or solicitor(procurador judicial) who, having undertaken

the defense of a client or having receivedconfidential information from said client in acase, shall undertake the defense of the





opposing party in the same case, without the

consent of his first client.

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If you are a government lawyer, you’re notsupposed to divulge whatever information yougathered by reason of your decision. You are not

supposed to give it even if you go out from thegovernment service. You are not supposed to dothat. So that’s a breach of trust of lawyers, betrayalof trust to be exact.

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Section Two. — Bribery

Art. 210. Direct bribery. — Any publicofficer who shall agree to perform an actconstituting a crime, in connection with theperformance of this official duties, in

consideration of any offer, promise, gift orpresent received by such officer, personally orthrough the mediation of another, shall sufferthe penalty of prision mayor in its medium andmaximum periods and a fine [of not less thanthe value of the gift and] not less than threetimes the value of the gift in addition to thepenalty corresponding to the crime agreedupon, if the same shall have been committed.If the gift was accepted by the officer inconsideration of the execution of an act which

does not constitute a crime, and the officerexecuted said act, he shall suffer the samepenalty provided in the preceding paragraph;and if said act shall not have beenaccomplished, the officer shall suffer thepenalties of prision correccional, in its mediumperiod and a fine of not less than twice thevalue of such gift.If the object for which the gift was received orpromised was to make the public officer refrainfrom doing something which it was his officialduty to do, he shall suffer the penalties ofprision correccional in its maximum period anda fine [of not less than the value of the gift and]not less than three times the value of such gift.In addition to the penalties provided in thepreceding paragraphs, the culprit shall suffert h e p e n a l t y o f s p e c i a l t e m p o r a r ydisqualification.

The provisions contained in the precedingparagraphs shall be made applicable toassessors, arbitrators, appraisal and claim

commissioners, experts or any other personsperforming public duties. (As amended byBatas Pambansa Blg. 872, June 10, 1985).

Art. 211. Indirect bribery. — The penaltiesof prision correccional in its medium andmaximum periods, and public censure shall beimposed upon any public officer who shallaccept gifts offered to him by reason of hisoffice. (As amended by Batas Pambansa Blg.872, June 10, 1985).

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SPECIAL LAWS ON ANTI GRAFT

5 KINDS OF BRIBERY1. 210 -

There are 3 ways of committing a crime of directbribery:FIRST FORMThe public officer receives money forconsideration in order to perform an act that ispunishable under our Code, under our law. So, a

policeman is given money in order to kill, thenthe giver as long as or provided a law, then thepublic officer is liable for bribery under the firstform. Yung usual na tinatanong sa bribery wouldbe those that fall under the second and the thirdforms.

If a policeman arrests somebody else, whatshould the policeman do as a policeman? Heshould arrest and then file the case, di ba? So,the duty of the policeman is to arrest and thenfile, apprehend, and then file the case later on.So, the private complainant in the crime ofrobbery told to the policeman, “Sir, file mo

naman yung kaso para makulong.” Then thepoliceman said, “ Ay, hindi . Yun ang kailanganko ng pang-meryenda eh. Pag kinakailangan kong pambili ng iuwi ko para sa pamilya ko eh.”“O, sir meron dyan.” Eh di , the privatecomplainant now gives money, then after givingmoney, then policeman files the case. That’s thefirst form.

SECOND FORMThe law says that when a public officer receivesmoney or valuable or in exchange for money inorder to perform an act required by law, yun ang

double compensation. Received money in orderto perform and act required by law.

The policeman received money from the privatecomplainant in order that he will perform the actrequired of him that is to file the case, di ba?Yun ang tinatawag na double compensation.May sweldo ka na sa gobyerno, kaya lang hindika gagalaw kung hindi ka bibigyan.

THIRD FORM And the third one is receive money in order notto perform an act required by law. So, theexample would be - received money in order to

perform an act required by law.

The third form is you receive money in order not





to perform an act required by law. So, I arrestedyou. Tapos sabi mo sa pulis, “Sir, wag mo naakong tutuluyan?” “ O bakit?” “Bigyan kita ng P20,000.” “O sige, bigyan mo ko ng P20,000.” Iaccepted it. So, I will be liable under the thirdform that is received money in order not toperform. What is it that he did not perform? Notto file the case.

2. 211-ABut that should be differentiated with Article 211- A, the crime of qualified bribery. Because under211-A, when the public officer refuses toapprehend or prosecute the person arrested forthe commission of the crime where the penaltyof the crime committed by that person is thepenalty of life imprisonment, reclusion perpetuaor death, then the penalty either reclusionperpetua to death. But, if demand is in thedemand came from the public officer then themaximum penalty of death is one being

imposed.

Where lies the difference? The difference wouldbe: I caught him in the act of committing a crimeof robbery. He gave me money in order not toperform an act required by law. Therefore, I donot file a case against him. Another person, Iarrested him for violation of Dangerous DrugsLaw, selling 1 gram of shabu. The penalty is lifeimprisonment to death under Section 5. He gaveme then P20,000 in order that I will not file thecase against him for violation of Section 5. So,where lies the difference? In so far as therobbery is concerned, I am liable for a crime of

direct bribery, but in so far the sale of drugs isconcerned, I am liable for the crime of qualifiedbribery under 211-A.

Where’s the difference? Because of the penaltyof the offenses or the crime committed by twopersons. The crime of robbery is not punishableby reclusion perpetua to death. But the crimecommitted in the same is punishable by lifeimprisonment to death. So if I fail perform an actrequired by law where the penalty, we includethe penalty of reclusion perpetua and also deathor even life imprisonment, then I am liable for

the crime of qualified bribery. It will depend onthe penalty of the person arrested.

3. 211

So, in other words the receipt of the money is notintended for the purpose of committing a crime, forthe purpose of the nonperformance or for thepurpose of performance, then the law that isviolated is Article 211, the law on indirect bribery.

So, what is indirect bribery? Receipt of somethingof value or money by reason of the position, byreason of the position. But that law actually is

intended to prevent or you are building a goodwillto the public officer eh. Wala kang kinakailanganngayon, but in the future, meron ka’ng

kinakailangan. So, ano nga, pumapapel ka. You arethen building up, nag bi-build ka ng friendship withthe public official. Binibigyan mo ng kwarta, and soand so on. Then later on, kinakailangan mo siya.That is indirect bribery because there is no otherpurpose except that you are being gifted by reasonof your public position.

4. Paragraph B of Section 3 of Republic Act 3019

under Paragraph B of Section 3 of Republic Act3019, if a public officer directly or indirectlyreceives money for any consideration and forthe award of a contract or a transaction, then thelaw that is violated in Section 3 Paragraph B.When a public officer indirectly or directlyreceives money in consideration of the award ora contract, or transaction, wherein that publicofficer has the right to intervene, then the crimeis Paragraph B of Section 3 3019.

The only difference between Article 210 andSection 3-B is that, in Paragraph B it is specifiedthat the receipt of money is for the purpose ofawarding a contract or a transaction, likewisewith Paragraph C of Section 3.

5. Paragraph C of Section 3 of Republic Act 3019,otherwise known as The Anti-graft and CorruptPractices Act. Okay.

The law says in Paragraph C of Section 3, thereceipt of money indirectly or directly for thepurpose of awarding or extending a license or apermit. So, therefore, if the public officer

receives money in order to perform an actrequired by law which is the awarding of acontract or a transaction, then the law that isviolated is Paragraph B of Section 3.

ROBBERY IN RELATION TO BRIBERYKung ang robber, let’s say, if you are merelyaccosted by a peace officer and, therefore, you arenot actually committing a crime, di ba? Tapossasabihin ng peace officer, “Hoy, bigyan mo ako ngkwarta kung hinde pa file-an ka ng robbery .” Butthe person did not commit any crime. “O, bigyanmo na ako ng kwarta, kung hinde pa file-an kita ng

kaso.” Let’s say on dangerous drugs. Then the poorboy says, “Oh, I’m afraid. I’m studying law eh, andthat’s not bailable. Can I give you money?” “Sige,bibigyan mo ako ng kwarta, kung hinde, pafile-ankita.” Then the poor boy gives the money becausehe is (suffering) that in case of robbery will be filedagainst him or a crime or a charge will be filedagainst him.

Anong crime yon? Hindi bribery yun. That cannotbe bribery. That will become a crime of robbery.That is intimidation. I will file a case against youwhen actually you did not… If you did not commitany crime, and then it is only his version that he willfile a case against you if you do not give themoney, that is a crime of robbery. The false charge





3-E or Section 3-E because you caused undueinjury to the government. That's another example.In the case of injury to private individuals. Theother example is causing injury to a privateindividual, undue injury to the private individual.What you find here is that, let's say, you are anemployee of the government, but already retired.You are entitled to your retirement pay. But the

mayor does not want to give the retirement payalthough you’re already entitled to it on the groundthat you are a political opponent. Then, they willagain file Section 3-E because they causing injury-undue injury - to a private individual. Yun ang mga example ng undue injury.

In the case of unwarranted benefits. An example of unwanted benefit would be yungmga bidders. You are not the lowest bidder, but thecontract is awarded to you. So, there is no injury tothe government that you can prove, but you gaveunwarranted benefit, I mean, therefore, he is

entitled to the bidding. So, because you cannotquantify the amount that was – you cannot quantifythe amount, ano. The – and that you are notcausing injury to that bidder, but you awarded thecontract wherein he is not qualified, then you aregiving unwarranted benefit. That's the meaning ofunwarranted benefit?

It is actually getting benefits where the private partyis not entitled to it.

PEOPLE v. GO“he was acquitted because the act of entering intoa contract grossly disadvantageous to the

government can only be committed by a publicofficer.”

ARIAS DOCTRINE -The approving officer does not need to go overagain. He is not required to go over again thedocuments and then determine for himself if thedocuments are in order. The public officer, theapproving officer will go over the signatures ofthose who participated in the preparation, thereview, and so on. And he has no reason to doubtthe accuracy of the work of his subordinatesbecause if he again will go over the documents and

for himself to determine the truthfulness of thedocuments or the completeness of all thedocuments, then the Supreme Court said what willhappen with the government functionaries. Thegovernment may not anymore move because heagain required the approving officer to do thingsthat have been done by the subordinates. So, hecan be (exuberated) under that doctrine.

REQUIREMENT : But that doctrine will only apply ifthat public officer, the approving officer’s duty, hisduty is to sign several documents, because if heonly signs one document during that time hecannot invoke the Arias Doctrine.

Republic Act 3019 Section 3 Paragraph H

There are several transactions prohibited by law foryou to be engaged into, but most of thosetransactions apply to local government officials.Yung ano – bawal yon eh, yung, let say a mayorwho engages in cockpit, yung operation of acockpit that prohibited under Local GovernmentCode. Yung ang sinabing prohibited transactions.So, if there is a law prohibiting a public official to

engage in this prohibited transaction, then he willbe liable under this provision.

Republic Act 3019 Section 3 Paragraph GThen the one that is also very important, the latestdecision of the Supreme Court, is entering acontract grossly disadvantageous to thegovernment. That is a case that might haveprecipitated the news report that a lady justice wasreceiving money from ano – yun. That is one of thecases because of that decision, because of thatgross inexcusable - the entering into a contract thatis grossly disadvantageous to the government.

Republic Act 3019 Section 13 Suspensionpendente lite and loss of benefits.So, there are two requirements:

The information is already valid.You are charged with those that I mentioned in3019 or those crimes punishable under theRevised Penal Code from Article 203 to 245 orany act of fraud that maybe committed againstthe government.

Now, no ifs or buts, that's what they say. No ifs orbuts. In other words, you cannot argue that theevidence of guilt against you is weak. Wala kang

magawa. When the information is valid, you cannotdo anything except to serve your suspensionpendente lite.

VALID INFORMATION - When the accused isalready arraigned, then that means that theinformation is already valid because you can nolonger cure a defect the information once thearraignment is concluded. You can only raise theissues of prescription, double jeopardy, di ba, afterarraignment.

SUSPENSION IN RELATION TO ADMIN LAW -

Now, what is good about the suspension pendentelite unlike in preventive suspension? Probably yung administrative law you have studied this, di ba? Ifyou are elected official for example, during yourterm from 2004 to 2007, then you are now chargedadministratively, di ba? And then you arepreventively suspended. You can only bepreventively suspended during your term of officefrom 2004 to 2007 of the acts committed while youwere an incumbent public official. So, that if you arenow re-elected after 2007, you cannot now bepreventively suspended for an act, administrativeact, that you committed during your previous terms.'Yung ang preventive suspension. Hindi na pwede

because the re-election by a people is the bestevidence that the best judge of your administrativeacts, eh. Your acts although not criminal, ano ha?





So, therefore, you can no longer be preventivelysuspended.

IN RELATION TO RE-ELECTION - But insuspension pendente lite, so let's say you are anincumbent governor from 2004 to 2007. You werecharged criminally for an act committed during thatter m. Now, you are cha rge wi th the

Sandiganbayan, in the meantime, you are now acongressman. After 2007 you committed an act in2005, you are charged in 2007, but at the time thatyou were charged, you are already a congressman.Can you be suspended pendente lite for an actcommitted when you were governor, when in factyou are already a congressman? Yes. Unlike inpreventive suspension, administrative,yes, you canstill be suspended if it is a suspension pendente litewherever you are as long you as you remain apublic official.

Republic Act 3019 Section 11 Prescription of

offenses (4 year prescription)Now, the other thing that you should know aboutRepublic Act 3019, I think we have discussedalready, yung prescriptions of crimes under 3019,ano? Because 3019 is special law, therefore, theprescriptive period of the crime prescriptive periodor offenses under special law is governed not bythe Revised Penal Code, but Republic Act 3326 theLaw on Prescription.

I think I told you already about the case ofRomualdez versus Marcelo. Remember this caseof Romualdez versus Marcelo. That we do notapply the provisions of the Revised Penal Code on

the second part of second sentence of Article 91,that when the offender is outside of the Philippine Archipelago, then the prescriptive period will besuspended. The crimes punishable under speciallaw, that Article 91 is not applicable. Okay. So, youknow already the doctrine.

The doctrine there is that we cannot apply theRevised Penal Code as a supplementary law orsuppletory law to Republic Act 3326 which is a lawon prescription because the applicability of theRevised Penal Code or the supplementary orsuppletory character of the Revised Penal Code is

only applicable to special penal laws, laws thatdefine crimes with corresponding penalties.Republic Act 3326 is not a penal law. It’s a law onprescription. Therefore, the Revised Penal Codecan not be applied suppletorily or supplementarily.

Republic Act 6713 Code of Conduct and EthicalStandards For Public Officials And EmployeesNepotism is punished under 6713. Sometimes I callthis law of 6713 as the law of on impropriety.Impropriety, you do not divest, you doublecompensation, moonlighting. The other one is youfail – it is actually a repetition in 3019 because in3019, you are required to respond. You have to

respond with inquiries from the citizens. If you donot respond within reasonable time, then that'spunishable under Republic Act 3019. What are the

acts punishable under RA 3019? If there is aninquiry made, that inquiries should be answeredwithin reasonable time.

Under Republic Act 6713, that is reiterated under6713. But 6713, it sets a period in which to respondto an inquiry. Dun sa 3019, wala. Reasonable timelang. In 6713, there is a specific period. I think it's

15 days. Magrespond lang within 15 days fromreceipt of the inquiry.

Then the other act that is punished is moonlighting,failure to act on time of the inquiries, and thenfailure to file SALN, sworn assets, liabilities, andnet worth. It is required in our laws of thegovernment service to file every year sworn asset,liabilities, and net worth.

There may be two violations under this omission onSALN. And sometimes they call it SALN swornasset, liabilities and net worth.

1. Nonfiling.2. The other one is nondisclosure.

Nonfiling, if they do not file, then you are liableunder 6713. If you file, but you did not disclose yourassets, then you'll also be liable for nondisclosureof assets. Kaya lang dyan that is why we acquittedErap for perjury because if you do not disclose withyour SALN, which is under oath, then they chargeyou with perjury under Article 183. So aside frombeing charged with violation of 6713 fornondisclosure, then you are, likewise, charged withperjury under Article 183 because there is amalicious, I mean, there is a false narration of facts

required to be disclosed under 6713 made underoath.

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Art. 212. Corruption of public officials.— The same penalties imposed upon theo ffi cer co r ru p t ed , exc ep t t h ose o fdisqualification and suspension, shall beimposed upon any person who shall havemade the offers or promises or given the giftsor presents as described in the preceding

articles._____________________________________

The giver will be liable under 212 for the crime ofcorruption of a public official. The private offendedparty is not liable for the crime of bribery becauseonly public officers are liable for the crime ofbribery. Therefore, the giver is liable for the crime ofcorruption of the public official under Article 212.

But supposing a justice of the Court of Appealsdoes not want to receive the bribed money. In otherwords, there is a refusal. He wants to give money

to the justice for an application of a TRO, but theJustice says, “What do you think of me? I’mhonest.” And, therefore, the justice did not accept.He did not accept the money. What is the crime





committed? Is there a crime? Walang crime yung public officer. He should be rewarded for refusing toaccept bribed money. So, what is the crimecommitted of the giver? That will now become acrime of attempted corruption of a public official. Ifthe money is not accepted, the giver has the rightto uphold the crime of attempted corruption of apublic official. The public officer who does not

receive the money will be rewarded, if there is areward.

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Chapter ThreeFRAUDS AND ILLEGAL EXACTIONSAND TRANSACTIONSArt. 213. Frauds against the publictreasury and similar offenses. — Thepenalty of prision correccional in its mediumperiod to prision mayor in its minimum period,

or a fine ranging from 200 to 10,000 pesos, orboth, shall be imposed upon any public officerwho:1. In his official capacity, in dealing with anyperson with regard to furnishing supplies, themaking of contracts, or the adjustment orsettlement of accounts relating to publicproperty or funds, shall enter into anagreement with any interested party orspeculator or make use of any other scheme,to defraud the Government;

2. Being entrusted with the collection of taxes,licenses, fees and other imposts, shall beguilty or any of the following acts or omissions:

(a) Demanding, directly, or indirectly, thepayment of sums different from or larger thanthose authorized by law.(b) Failing voluntarily to issue a receipt, asprovided by law, for any sum of moneycollected by him officially.(c) Collecting or receiving, directly or indirectly,

by way of payment or otherwise things orobjects of a nature different from that providedby law.When the culprit is an officer or employee ofthe Bureau of Internal Revenue or the Bureauof Cus toms, the prov is ions o f theAdministrative Code shall be applied.

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PAR 1.; SPECULATORSNow 213, we now go back to 213. Parehong sa213, there are actually two offenses that may be

committed under it. Iyong paragraph 1, bihira langnacoconvict yan, eh. 'Yung speculators, 'yung illegal escapes committed by a public officers, ano?

Between the contract or transaction may be broad‘yan eh. But if you look at the title of 213, it isactually false committed that is falsification is. Saparaghraph 1, ano yon? 'Yung mga speculatorsyan o 'yung mga ano – mga ‘yun logos or in chargeof supplies. Ang gagawin nya, i-overprice, yanparagraph 1, 213. Kung hindi naman, hindi nyamuna bibilhin yun ngayon. Di pa mababa yon, ano

ha? "Pare huwag muna natin bibilhin ito, ibenta mona lang pag tumaas ang presyo." Iyan 213 ‘yan,paragraph 1. That is brought against publichearing or yung speculators, let say, properties ofthe government, di ba? Bebenta nya. Bago ibenta,bibilhin nya muna ‘yung katabi ng governmentproperty. Bibilhin nya lahat ‘yun. Magspeculatesya, then sells the government property. If theproperty of the government is sold, tumaas na presyo. Aba iyon pala, sa kanyang katabi. That isalso punishable under paragraph 1 of Article 213.

PAR 2.; ILLEGAL EXACTION

There are three ways of committing the crime ofillegal exaction. Ano ‘yun?1. You demand payment higher than what is

required to be paid. Hindi direct bribery ‘yan. That is not direct bribery because in directbribery, may exchange, eh. Ito – “Sir, magkanobabayaran ko?” P 20,000. Yun pala P 18,000 lang babayaran. So, he's demanding more thanwhat is required of the tax payer who pay. ‘Yun illegal exaction.

2. refusal to issue a receipt3. you require somebody to pay other than money.

Let say, 100,000 ang babayaran. Hindi, huwag

mo na kong bayaran ng 100,000. Ibayad mo nalang ‘yung Mercedes Benz mo. Wala ng gulong.You demand payment other than money.

Art. 214. Other frauds. — In addition to thepenalties prescribed in the provisions ofChapter Six, Title Ten, Book Two, of this Code,t h e p e n a l t y o f t e m p o r a r y s p e c i a ldisqualification in its maximum period toperpetual special disqualification shall beimposed upon any public officer who, takingadvantage of his official position, shall commit

any of the frauds or deceits enumerated insaid provisions.

Art. 215. Prohibited transactions. — Thepenalty of prision correccional in its maximumperiod or a fine ranging from 200 to 1,000pesos, or both, shall be imposed upon anyappointive public officer who, during hisincumbency, shall directly or indirectly becomeinterested in any transaction of exchange orspeculation within the territory subject to his

jurisdiction.





Art. 216. Possession of prohibitedinterest by a public officer. — Thepenalty of arresto mayor in its medium periodto prision correccional in its minimum period,or a fine ranging from 200 to 1,000 pesos, orboth, shall be imposed upon a public officer

who directly or indirectly, shall becomeinterested in any contract or business in whichit is his official duty to intervene.This provisions is applicable to experts,arbitrators and private accountants who, in likemanner, shall take part in any contract ortransaction connected with the estate orproperty in appra isal , distr ibut io n oradjudication of which they shall have acted,and to the guardians and executors withrespect to the property belonging to theirwards or estate.

Chapter FourMALVERSATION OF PUBLIC FUNDS ORPROPERTY

Art. 217. Malversation of public funds orproperty; Presumption of malversation.— Any public officer who, by reason of theduties of his office, is accountable for publicfunds or property, shall appropriate the sameor shall take or misappropriate or shall

consent , thr oug h aba ndo nme nt ornegligence, shall permit any other personto take such public funds, or property, whollyor partially, or shall otherwise be guilty of themisappropriation or malversation of such fundsor property, shall suffer:1. The penalty of prision correccional in its

medium and maximum periods, if theamount involved in the misappropriation ormalversation does not exceed two hundredpesos.

2. The penalty of prision mayor in its minimumand medium periods, if the amount involvedis more than two hundred pesos but doesnot exceed six thousand pesos.

3. The penalty of prision mayor in its maximumperiod to reclusion temporal in its minimumperiod, if the amount involved is more thansix thousand pesos but is less than twelvethousand pesos.

4. The penalty of reclusion temporal, in itsmedium and maximum periods, if theamount involved is more than twelvethousand pesos but is less than twenty-twothousand pesos. If the amount exceeds the

latter, the penalty shall be reclusiontemporal in its maximum period to reclusionperpetua.

In all cases, persons guilty of malversationshall also suffer the penalty of perpetualspecial disqualification and a fine equal to theamount of the funds malversed or equal to thetotal value of the property embezzled.

The failure of a public officer to have dulyforthcoming any public funds or property withwhich he is chargeable, upon demand by anyduly authorized officer, shall be prima facieevidence that he has put such missing fundsor property to personal use. (As amended byRA 1060).

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Crimes Committed by Public Officers: Part 1

MANNER OF COMMITTING MALVERSATIONThere are actually three ways of committing acrime of malversation.

1. to misappropriate or convert to a personal use.2. Or you allow a third person to commit the crime

of malversation either by abandonment3. and number three is through the negligence.

Tatlo eh.

So example. I am a treasurer. I receive money aspayment. From the first day, so that money now isentrusted to me. And therefore, that money is undermy custody. If I spent that money collected then Iam liable under the first one. That is the meaningof malversation, when you misappropriate or youconvert the same for your personal benefit. Theother one is abandonment or negligence. You donot misappropriate for your own benefit. We do notconvert the same to your own benefit, but you allowa third person to commit a crime or tomisappropriate and not commit a crime. You allowa third person to misappropriate or you convert the

money entrusted to you.

So, the best example, in the one of the cases aswith the bar exam two years ago. Yung governmentofficial is assigned a government vehicle. So,therefore, that government maker is entrusted tothat government official and, therefore, he is anaccountable officer in so far as the car isconcerned. Ginawa niya, he left the key inside thecar one night. Umuwi na yung driver. Then later on,the driver when to the garage, and then at 3 o’clock or 4 o’ clock in the morning, he got the carbecause the government official left the key insidethe ignition key. Tinangay . Yun ang crime of

malversation through abandonment or negligence.That’s the meaning.





INCURRING LIABILITYBut if you are charged with malversation under 217,let say, you are charged with misappropriating orconverting to a personal benefit, and then what wasproven in the trial is not you allowed the thirdperson to commit a crime of malversation eitherthrough abandonment or negligence, pwede kangmaconvict . Di ba tatlo ang manners of committing

a crime of 217? The misappropriate or you convertto your personal benefit. Allowing a third person tocommit a crime of malversation throughabandonment or through negligence. Tatlo ‘yan eh,di ba? Okay.

ACCOUNTABLE OFFICERSNow, who is the accountable officer under 217?Yung accountable officer is tasked by law to takecustody or the property or funds of the governmentin trust, in the meantime, and then to return or toremit to the proper authorities the funds or propertyif required or demanded by the government agency

concerned. That’s the meaning. So, the janitor,therefore, is not an accountable officer because heis not entrusted with money or property, and has aduty to remit or to return the fund or propertyrequired by the government agency. So, that’s themeaning of an accountable officer.

PRESUMPTION OF MALVERSATIONSo, how will you prove then that a public officermisappropriates or converts it to his personalbenefit, the funds entrusted by the government tothat accountable officer? The law said that if thegovernment wants all the accounting of the fundsentrusted to him by the government, and there is a

shortage in the funds which he can’t explain, thenthe presumption arises that he misappropriated orconverted the money for his personal benefits. So,in the other words, the burden of proof now that theaccountable officer did not misappropriate themoney is on the part of the accountable officer. So,what will you do is now explain, that’s the meaning.The only way to rebut that presumption is that toexplain why there are shortages. If there is no validexplanation as to the shortages, in other words,there is no justifiable reason why there wereshortages, then that accountable officer will beliable for a crime of malversation.

JUSTIFICATION OF SHORTAGEFor example, nagka-ano, nag karoon ng calamitywalang ilaw, bumili ng baterya, in the meantime,ayun. That will be a valid defense because that isan emergency spending or probably walang walang pambili ng pagkain ng mga empleyado nasaremote area sila. They are in a place where thereare no food or what – they have to buy. Ayun pwede yon no ha? Ba’t hindi ka mag explainbecause not all explanations can be justified.

In one of the cases, I think, it is Quimzon versusSandiganbayan. One of the cases in rebutting that

presumption is the giving of vale or advance salary.So, sabi ng treasurer, “O, kulang ng twentythousand dito?” “Eh sir, pinabale ko eh.” “O,bakit

mo pinabale?” “Kasi para walang pampasweldo.”Is that a valid excuse? Is that a valid act on thepart of the treasurer to rebut the presumption,presumption that he converted or misappropriatedthe same? In one case the Supreme Court saidthat is not a valid excuse. Otherwise, if you allowthat as a valid excuse, then nobody will be liable fora crime of malversation. He would just say, “binale”

eh di tapos na. Gagawa ka lang ng resibo eh, baleng bale. Ang sabi ng Supreme Court, if is not apractice of that government agency in giving “vales”or advance salaries, if it is not a practice in theoffice of giving “vales” or advance salaries, thenyou can be still liable for a crime of malversation.But if that has been a practice even before hebecame an accountable officer, and that is alreadybeing practice in the office, that may be a validexcuse. And, therefore, sufficient to rebut thatpresumption of misappropriation or conversion,okay. So, ayan ang malversation under Article 217.

RA 7080 - PLUNDER LAWNow, the amassing of wealth or the accumulation ofwealth in the amount of at least fifty million pesosshould be done through a series of acts or acombination of overt acts arising from any of thecrimes provided for in the Republic Act 7080, sixpredicate crimes. You know the six predicatecrimes that include bribery, or receipt of anypecuniary benefit by reason in part of the position.

So, one of the predicate prime is bribery. Anoyung predicate crime na bribery? Receipt of anyamount or pecuniary benefit by reason of position.So, we have 210, direct bribery. Then we have 211,

indirect bribery, then 211-A, qualified bribery. Thenwe have the special – the two special kinds ofbribery under Republic Act 3019. Those areParagraph B and C of Section 3 of Republic Act3019, otherwise known as the Anti-Graft andCorrupt Practices Act. So, those are limited to thefirst predicate crime.

The second predicate crime is the crime ofm a l v e r s a t i o n , wh ic h mea ns tha t youmisappropriated or you converted your personalbenefit, the funds or property entrusted to you bythe government where you are an accountable

official or raid to be tantamount to a raid in thepublic treasury. That is also a part of malversation, pinaganda lang yung raid.

Then the other predicate crime yung 3, 4, 5,receipt of shares of stocks or futureemployment. Yung shares of the stock, you know,it does not say if you are benefiting from the sharesof stock. Nakalagay don, receipt of shares of stockor future employment. Walang sinasabi , makingmoney from the shares of the stock. Unlike yung bribery talagang you make money out of it, eh.Yung malversation also, you make money out of it.But yung shares of the stock, receipt lang, eh.

Okay.





Then the other one is fraudulent or illegal sale ofassets of the National Government. What I meanis that you declared that the property of thegovernment is now for sale to the private sector.Then by selling to the private sector, you mademoney out of it. That is illegal or fraudulent sale.Yan di ko masabing binenta, ganun yun di ba? Government properties, there is no proof.

Maraming allegations dun, maraming kumita, diba?

The other one is formation of monopolies amongrelatives, friends or associations of the publicofficials. Of course you know what is monopoly. Youcontrol a certain industry. You make money of it,formed by your business associates, friends,partners or even relatives.

Catch-all provision yung Paragraph 6. Receipt ofpecuniary benefit detrimental to the interest ofthe Filipino people and the Republic of thePhilippines. Hindi binanggit kung ano yan, anong

crime yan. Basta sinabi nya receipt of pecuniarybenefit by reason of public position detrimental tothe interest of the Republic of the Philippines andthe Filipino people. Yun ang tinatawag nilang catch-all provision. Okay.

PLUNDER; ILL GOTTEN WEALTHSo, if you amass, therefore, an amount of morethan 50 million pesos. So Mr. General, theyconducted an investigation and was found to havean ill-gotten wealth of more than a hundred millionpesos. You know how to discover ill-gotten wealth?What is ill-gotten wealth actually? When the wealthis grossly more than – out of proportion rather of

your legitimate income, any amounts beyond yourlegitimate income will question for ill-gotten wealth.There is a presumption of ill-gotten wealth underthe law of Republic Act 3019, The Anti-Graft andCorruption Practices Acts.

So any amount that’s out of proportion for yourlegitimate income is called ill-gotten wealth. If theill-gotten wealth of the public official is more than50 million pesos, is that government official liablenow for the crime of plunder? No, he is not liablefor a crime of plunder.

The amount that you discovered should have comefrom a combination of overt acts or series ofcombination of overt acts from any of those crimesmentioned by law. So, the amount of 50 millionpesos, more than 50 million pesos should havecome from the series of acts from any of thosepredicate crimes mentioned by law should havecome from bribery, malversation, shares ofstock, illegal sale, receipt of pecuniary benefitsor even creation of monopoly among friends orhis associates.

Sir, in the case of Chairman Abalos, do you meanthere is pecuniary benefit…

You have to prove that he has more than 50 millionpesos.

But he might be…

No. You can prove that. If his ill-gotten wealth ismore than 50 million pesos and then the amountswere derived from the series of acts coming fromany of those predicate crimes, he may be liable.But, you know, there is an issue there kasi eh. He

knows that kasi a amassing of (unintelligible) seriesof acts or combination of overt acts, the series ofacts or combination of overt acts.

The problem there is that will you be liable – apublic official will be liable if there is anaccumulation of more than 50 million pesos for aseries of acts, but the amount was derived from asingle transaction? So, one was awarded acontract, he gave the amount of 100 million pesosin order that contract will be awarded. That is acrime of bribery, hindi ba?

Question: Is he now liable for a crime of plunderbecause the act does not involve a series of acts? Kasi nakalagay sa ill-gotten wealth, if the ill-gottenis the amassing or accumulating of at least 50million pesos, di ba, through series or combinationof overt acts, therefore it involved several acts, andthen through these acts, there’s an accumulation ofmore than 50 million pesos. Yun ang ano…that’sthe problem. So, something like that.

Supposing you are with the Central Bank and thenyou brought gold bullion, the amount – the value ofwhich is 100 million. You are the person in custody.So, you are the accountable officer of Central

Bank. In your custody is the gold. At one instance,you brought out several gold bars worth 100 millionpesos.

SERIES OF ACTS; PERALTA OPINIONINCLUDES SINGLE ACTS AMOUNTING TO 50MQuestion: Are you liable for a crime of plunderbecause there is only one act producing probablymore than the amount of 50 million pesos? Sabinila hindi ako covered, eh. Ang sabi ko – you knowthe law – why the law said a series of acts?Because it was intended really to accumulate thatamount through the years because if you indicate

in the law what act - there is a bribery ormalversation of 50 million pesos only in one act. And what will the banking officer do? Hinditatanggap ng 50 million, hatihatiin niya. So, ang purpose na inilagay sa series of acts, so that it willcover the accumulation of amounts that might takeplace in two or three years. Then kung ilagay yung single amount yan, hahatiin niya. That’s why theysaid series of acts. So, he did not anticipate thatby saying series of act that might not include asingle act. Ang sabi ko, that includes singleacts. Kasi meron na dyan, dun sa BP 22 byanalogy.

So, they acquitted the accused on the ground thathe cannot be convicted because the law does notprovide that if the reason of the owner is account





closed, you are liable for violation of BP 22. Angnakalagay lang dun, eh, drawn against insufficiencyof fund. Pagdating sa Supreme pinagalitan yung judge, eh. Anong sabi, ikaw naman judge ika, yung drawn against insufficiency of fund may account nayan, di ba, kaya lang kulang ang pondo. Ito accountclosed na nga wala nang account, hindi pacovered , that’s even worse. Pinagalitan, so covered

na nga yung account closed.

When do you know apply that question? If series ofacts are covered, hindi ba, that involved reasoning.The act is only a single act. You have accumulatedmore than 50 million through the years, eh, coveredka. That was only one act of amounting to morethan 50 million pesos is not covered, with morereason that should be covered, hindi ba? Okay.

PLUNDER CONSPIRACY IN RELATION TOROBBERY;The giver is not liable for a crime of corruption of a

public official. He becomes a conspirator in a crimeof plunder. Therefore, if in the crime of robbery, thegiver was practically forced to give his money, canyou charge now the giver as liable for the crime ofplunder when the money is not willingly given?Kaya hindi pwedeng robbery, eh. Because the givermust also may be liable as part of the series ofacts. Eh, kung pinilit mo yung robber. Pwede bang -will you file it? Will you file a case against him orplunder? The money was not willingly given. Yun,maraming questions ka doon kung ang iba'ynagsasabi , covered daw eh. We don’t know if it iscovered. Bawal yan under the six predicate crime.Or even if you read the catch-all provision, receipt,

eh, of pecuniary benefit, eh. You receive, in a crimeof robbery, you do not receive eh. You unlawfullytake, eh. Yun ang diperensya ng bribery at saka robbery. Yung bribery, mutual. Yung robbery, youunlawfully take because it is against the consent.PLUNDER CONSPIRACY IN RELATION TOGIVERS; LIABILITYSupposing five persons or three persons gave 20million each, di ba? You gave me 20 million, 20million, 20 million. In so far as I’m concerned as thepublic officer, I am now liable for a crime of plunderbecause the amount already reached more than 50million.

But about the givers? He only gave 20 million, eh.20 million, 20 million. Will they now be liable for acrime of plunder? Of course, they will be liable forthe crime of plunder as long as they come from thesame predicate crime. What does that mean? Yunang kaso ni – that‘s was the raised in the case ofSenator Estrada, Jinggoy, eh. Kasi siya, in theinformation he was charged with the crime ofplunder, but in the evidence he did not contribute.But there is no showing that he got more than 50million pesos as far as the conspiracy. Two millionlang sa kanya, eh. So, kinuwestyon na nya ngayonyung provision. How could I be liable for a crime of

plunder when it is submitted that the extent of myparticipation is only up to 2 million. Anong sabi ngSupreme Court, liable ka because that is part of the

series of acts.

If all the amounts came from a single predicatecrime of bribery, let’s say 20 million, 20 million, 20million. Lahat kayo liable kayo ng plunder becausethose are parts of the series of act and they comefrom the same predicate crime. But if for example,the 40 million came from the two, but the 50 million

did not come from – they are probably shares ofstock. Shares of stock worth 20 million was given tome. It is not bribery, but I receive shares of stockworth 20 million.

Question: Will I be liable for a crime of plunder? Ofcourse, because there is an accumulation of morethan 50 million. Eh, pano yung kwan yung tatlo,they cannot be liable for a crime of plunder? Why?Because one of the amount of 20 million did notcome from the same predicate crime. The amountshould come from the same predicate crime, so tospeak. Hindi pwede yung iba – let’s say kung 10

million lang yung participation, yung isa, differentpredicate crime pagkatapos ipapataw mo doon saiba yung wala 50 million, he will be treatedseparately from the others because they do notcome from the same predicate crime.

RA 1379; PRESUMPTION ESTABLISHEDIf you may approve, the acts that lead to theaccumulation of an ill-gotten wealth more than P50million, the remedy of the State is not to file a crimeof plunder. The remedy of the State is to file aforfeiture of assets under Republic Act 1379 whichis civil in character. That’s what they did withPresident Marcos and family. It was very easy to

recover any ill-gotten wealth from the Marcosesbecause under Republic Act 1379, the law offorfeiture, when they have established that there isan ill-gotten wealth, the burden of proof shall bepart of the defendants, to prove that it is not ill-gotten. May presumption of ill-gotten, eh under RA1379.

AMOU NTS PLUND ERE D NEE D NOT BELOCATED TO SUSTAIN PLUNDER CONVICTIONBut you can prove the accumulation becausewhatever amounts deposited in the bank in thefund, ‘yun ang ill-gotten wealth. You do not need to

prove that the amount is still there. What all youneed to prove, there were amounts deposited. Theamounts accumulated are more than 50 million andthen the same were withdrawn by the sameperson. That’s sufficient ill-gotten wealth. Becauseif you prove that in the requirements that amount isstill there, walang mako-convict.

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Art. 218. Failure of accountable officerto render accounts. — Any public officer,whether in the service or separated therefromby resignation or any other cause, who isrequired by law or regulation to render accountto the Insular Auditor, or to a provincial auditor





and who fails to do so for a period of twomonths after such accounts should berendered, shall be punished by prisioncorreccional in its minimum period, or by a fineranging from 200 to 6,000 pesos, or both.

Art. 219. Failure of a responsible publicofficer to render accounts beforeleaving the country. — Any public officerwho unlawfully leaves or attempts to leave thePhilippine Islands without securing a certificatefrom the Insular Auditor showing that hisaccounts have been finally settled, shall bepunished by arresto mayor, or a fine rangingfrom 200 to 1,000 pesos or both.

Art. 220. Illegal use of public funds or

property. — Any public officer who shallapply any public fund or property under hisadministration to any public use other than forwhich such fund or property were appropriatedby law or ordinance shall suffer the penalty ofprision correccional in its minimum period or afine ranging from one-half to the total of thesum misapplied, if by reason of suchm i s a p p l i c a t i o n , a n y d a m a g e s o rembarrassment shall have resulted to thepublic service. In either case, the offendershall also suffer the penalty of temporary

special disqualification.

If no damage or embarrassment to the publicservice has resulted, the penalty shall be a finefrom 5 to 50 per cent of the sum misapplied.

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Crimes Committed by Public Officers: Part 2

TECHNICAL MALVERSATIONWhen you talk of illegal use of public funds or thecrime of technical malversation, the government

does not lose money. It does not lost any propertyor money involved. What happens is that there is adiversion of the funds of the government for apurpose other than to which it was intended by lawor by ordinance. It was very important. It is theillegal use of the public funds, therefore funds usedfor a purpose different from what it is intended byan ordinance or by law.

So, you use now the money for salaries ofemployees for a purpose different from what it wasintended. The General Appropriations Act allottedP10 million or P20 million for salaries. Therefore,

that amount should only be utilized for salaries. Ifthat amount allotted by law is used to buy, for youto be used for other purposes others than what wasintended, that is a crime of technical malversation.

But it should be provided for by law of ordinance.

M A L V E R S A T I O N A N D T E C H N I C A LMALVERSATION ARE TWO DISTINCT CRIMESNow, one of the cases, the accused was chargedwith malversation under Article 217, 'no? He wascharged with misappropriating or converting to hispersonal benefit funds belonging to the

government. But during the trial, it was found outthat is was not actually Article 217. It was actuallya crime of technical malversation that hecommitted. Question: Can he be convicted fortechnical malversation? Or supposing, he wascharged with technical malversation but during thetrial it was actually misappropriation, or conversionto his personal benefit, and therefore malversationunder 217, misaversion. Can he be convicted oftechnical malversation if what is charged in theformation is malversation under 217? So, peoplesaid no.

These are two different crimes. They are not thesame. As I said, usually, the crime of illegal use ofpublic funds, walang nawawala sa gobyerno. Misuse lang ‘yan, misuse. Walang nawawala. Asa rule, ha. May nawawala because a general rule.Walang nawawala as a rule. They are may beinstances where crime of technical malversation can only be committed. ‘Yung kotse ng baranggayofficial for my use, di ba? So, I have a vehicle formy use.

So, the purpose why a vehicle in the budget ispurchased is for the use of a government official. Ifthat car is used by other persons, your family, they

are members of your family for personal use, liable ba ‘yan ng illegal use of public funds. That istechnical malversation. Kaya ako di akonagpaplaka ng pula. Di ba ung pula governmentcar ? Iyong plaka ko dalawa eh. Pwedeng may pula pwedeng itim. Pag pumunta sa palengke,itim. Technical malversation ‘yan. When you usedthe property of the government for a purpose otherthan it was intended, that is technical malversationunder Article 220. Hindi malversation ‘yan sa Article 217.

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Art. 221. Failure to make delivery ofpublic funds or property. — Any publicofficer under obligation to make payment fromGovernment funds in his possession, whoshall fail to make such payment, shall bepunished by arresto mayor and a fine from 5 to25 per cent of the sum which he failed to pay.This provision shall apply to any public officerwho, being ordered by competent authority todeliver any property in his custody or under hisadministration, shall refuse to make such

delivery.





The fine shall be graduated in such case bythe value of the thing, provided that it shall notless than 50 pesos.

Art. 222. Officers included in thepreceding provisions. — The provisions of

this chapter shall apply to private individualswho in any capacity whatever, have charge ofany insular, provincial or municipal funds,revenues, or property and to any administratoror depository of funds or property attached,seized or deposited by public authority, even if

such property belongs to a private individual.

Chapter FiveINFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custodyof prisoners

Art. 223. Conniving with or consentingto evasion. — Any public officer who shallconsent to the escape of a prisoner in hiscustody or charge, shall be punished:1. By prision correccional in its medium andmaximum periods and temporary specialdisqualification in its maximum period toperpetual special disqualification, if the fugitive

shall have been sentenced by final judgmentto any penalty.2. By prision correccional in its minimumperiod and temporary special disqualification,in case the fugitive shall not have been finallyconvicted but only held as a detention prisonerfor any crime or violation of law or municipalordinance.

Art. 224. Evasion through negligence.— If the evasion of the prisoner shall havetaken place through the negligence of the

officer charged with the conveyance orcustody of the escaping prisoner, said officershall suffer the penalties of arresto mayor in itsmaximum period to prision correccional in itsminimum period and temporary specialdisqualification.

Art. 225. Escape of prisoner under thecustody of a person not a public officer.— Any priva te perso n to who m theconveyance or custody or a prisoner or person

under arrest shall have been confided, whoshall commit any of the offenses mentioned inthe two preceding articles, shall suffer the

penalty next lower in degree than that

prescribed for the public officer.

Section Two. — Infidelity in the custodyof document

Art. 226. Removal, concealment ordestruction of documents. — Any publicofficer who shall remove, destroy or concealdocuments or papers officially entrusted tohim, shall suffer:1. The penalty of prision mayor and a fine notexceeding 1,000 pesos, whenever seriousdamage shall have been caused thereby to athird party or to the public interest.2. The penalty of prision correccional in itsminimum and medium period and a fine not

exceeding 1,000 pesos, whenever the damageto a third party or to the public interest shall nothave been serious.In either case, the additional penalty oftemporary special disqualification in itsmaximum period to perpetual disqualificationshall be imposed.

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IN RELATION TO THE CRIME OF ESTAFABut you know, there is a twist here because whatwe are talking of 226 is the crime committed by

public officer entrusted in the custody of publicdocuments, either he destroys, conceals, ortransfer the documents to other place withoutauthority. But when the evidence or when thedocuments pertaining to records of the courts, then,the crime may be estafa. Estafa under Article 315Paragraph 3 Subparagraph C. Tingnan n’yo sa estafa sa 315 Paragraph 3, 'yun other forms offraudulent acts. Meron destruction of court recordsand documents. If the destruction is for thepurpose of deceits, nakalagay ‘yan. I think it's Article 315 Paragrah 3 Section C. Kung courtrecords, estafa. If you destroyed the document,you are in custody. The crime is infidelity in thecustody of documents. What if there weredestruction of court records or even documents ofevidence? Under Article 315 Paragraph 3Subparagraph C, estafa ‘yan. Bakit? When thedestruction of the document or a court record ofdocuments, it's for the purpose of causing damageto another party, estafa ‘yan. Destroyed theevidence. ‘Yung court record pinunit mo ‘yung evidence para manalo kaso 'yan, estafa ‘yun.

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Art. 227. Officer breaking seal. — Any

public officer charged with the custody ofpapers or property sealed by proper authority,who shall break the seals or permit them to be





broken, shall suffer the penalties of prisioncorreccional in its minimum and mediumperiods, temporary special disqualification anda fine not exceeding 2,000 pesos.

Art. 228. Opening of closed documents.

— Any public officer not included in theprovisions of the next preceding article who,without proper authority, shall open or shallpermit to be opened any closed papers,documents or objects entrusted to his custody,shall suffer the penalties or arresto mayor,temporary special disqualification and a fine ofnot exceeding 2,000 pesos.

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by anofficer. — Any public officer who shall revealany secret known to him by reason of hisofficial capacity, or shall wrongfully deliverpapers or copies of papers of which he mayhave charge and which should not bepublished, shall suffer the penalties of prisioncorreccional in its medium and maximumperiods, perpetual special disqualification anda fine not exceeding 2,000 pesos if therevelation of such secrets or the delivery ofsuch papers shall have caused serious

damage to the public interest; otherwise, thepenalties of prision correccional in its minimumperiod, temporary special disqualification anda fine not exceeding 50 pesos shall beimposed.

Art. 230. Public officer revealing secretsof private individual. — Any public officerto whom the secrets of any private individualshall become known by reason of his officewho shall reveal such secrets, shall suffer the

penalties of arresto mayor and a fine notexceeding 1,000 pesos.

Chapter SixO T H E R O F F E N S E S O RI R R E G U L A R I T I E S B Y P U B L I COFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openlyrefuse to execute the judgment, decision or

order of any superior authority made within thescope of the jurisdiction of the latter andissued with all the legal formalities, shall suffer

the penalties of arresto mayor in its mediumperiod to prision correccional in its minimumperiod, temporary special disqualification in itsmaximum period and a fine not exceeding1,000 pesos.

Art. 232. Disobedience to order ofsuperior officers, when said order wassuspended by inferior officer. — Anypublic officer who, having for any reasonsuspended the execution of the orders of hissuperiors, shall disobey such superiors afterthe latter have disapproved the suspension,shall suffer the penalties of prision correccionalin its minimum and medium periods andperpetual special disqualification.

Art. 233. Refusal of assistance. — Thepenalties of arresto mayor in its medium periodto prision correccional in its minimum period,perpetual special disqualification and a fine notexceeding 1,000 pesos, shall be imposedupon a public officer who, upon demand fromcompetent authority, shall fail to lend hiscooperation towards the administration of justice or other public service, if such failureshall result in serious damage to the publicinterest, or to a third party; otherwise, arrestomayor in its medium and maximum periods

and a fine not exceeding 500 pesos shall beimposed.

Art. 234. Refusal to discharge electiveoffice. — The penalty of arresto mayor or afine not exceeding 1,000 pesos, or both, shallbe imposed upon any person who, havingbeen elected by popular election to a publicoffice, shall refuse without legal motive to besworn in or to discharge the duties of saidoffice.

Art. 235. Maltreatment of prisoners. —The penalty of arresto mayor in its mediumperiod to prision correccional in its minimumperiod, in addition to his liability for thephysical injuries or damage caused, shallbe imposed upon any public officer oremployee who shall overdo himself in thecorrection or handling of a prisoner ordetention prisoner under his charge, by theimposition of punishment not authorized by theregulations, or by inflicting such punishment ina cruel and humiliating manner.If the purpose of the maltreatment is to extort aconfession, or to obtain some information from





arresto mayor and a fine not exceeding 500pesos.

Art. 244. Unlawful appointments. — Anypublic officer who shall knowingly nominate orappoint to any public office any person lacking

the legal qualifications therefor, shall suffer thepenalty of arresto mayor and a fine notexceeding 1,000 pesos.

Section Four. — Abuses againstchastity

Art. 245. Abuses against chastity;Penalties. — The penalties of prisioncorreccional in its medium and maximumperiods and temporary special disqualification

shall be imposed:1. Upon any public officer who shall solicit ormake immoral or indecent advances to awoman interested in matters pending beforesuch officer for decision, or with respect towhich he is required to submit a report to orconsult with a superior officer;2. Any warden or other public officer directlycharged with the care and custody of prisonersor persons under arrest who shall solicit ormake immoral or indecent advances to awoman under his custody.

If the person solicited be the wife, daughter,sister of relative within the same degree byaffinity of any person in the custody of suchwarden or officer, the penalties shall be prisioncorreccional in its minimum and mediumperiods and temporary special disqualification._____________________________________

Yung mga guards, warden. Bago papasukin ‘yungasawa ng preso, pindot-pindot muna from theguard. Request for a sexual favor in order that the

request of the lady visitor will be accommodated inexchange. ‘Yun, abuse of chastity ‘yan for thosepublic officials who request for sexual favor inexchange of a transaction. Let’s say, ‘yung mga detained women. Nagbebenta ng mga dugo samga ospital. Meron din lokong doctor. Op! Lagotka, iha. Bibili ako ng gamot. Pindot-pindot muna. Ayan. That is the meaning of 245 abuse ofchastity. What makes it a crime of abuse ofchastity is that the victim has a transaction in thepublic officer and in exchange of that favor,magkakaroon siya ng sexual favor in exchange toit. That is not a crime involving chastity. That’s

abuse of chastity committed only by those personsmentioned by the law.

Title EightCRIMES AGAINST PERSONSChapter OneDESTRUCTION OF LIFE

Section One. — Parricide, murder,

homicideArt. 246. Parricide. — Any person who shallkill his father, mother, or child, whetherlegitimate or illegitimate, or any of hisascendants, or descendants, or his spouse,shall be guilty of parricide and shall bepunished by the penalty of reclusion perpetuato death.

Art. 247. Death or physical injuriesinflicted under exceptional

circumstances. — Any legally marriedperson who having surprised his spouse in theact of committing sexual intercourse withanother person, shall kill any of them or both ofthem in the act or immediately thereafter, orshall inflict upon them any serious physicalinjury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries ofany other kind, he shall be exempt frompunishment.

These rules shall be applicable to parents withrespect to their daughters under eighteenyears of age, and their seducer , while thedaughters are living with their parents.

Any person who shall promote or facilitate theprostitution of his wife or daughter, or shallotherwise have consented to the infidelity ofthe other spouse shall not be entitled to thebenefits of this article.

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Immediately thereafter - does not mean rightafter, determine if he was still in control of himself.

There is no crime in this article. Destierro here isnot a penalty. It is for the purpose for protecting thewould be offender. Civil indemnity would beimproper.Remember: While in destierro under 247, caughtusing DRUGSNO ISLAW, 6 months rehabilitation for first timeoffender, penalty is less than 1 year.





DAUGHTER AND SEDUCERThat means the daughter and her seducer so, inother words, the father kills the daughter. That "swhat the law says. This law applies also to thedaughter and her seducer.

So, what does that mean? It means, therefore, that

there is a crime of qualified seduction or simple seduction being committed. Then you have torefer yourselves to 337 and 338 of the RevisedPenal Code to understand that. Under Article 337,the law provides that when a girl between the agesof 12 and 18 consents to carnal knowledge or evensexual intercourse through abuse of confidence, orcommitted by domestic servant, a teacher, or thoseof religious calling, then the crime becomes aqualified seduction, as long as the woman is ofgood reputation. The other one is Article 338, thecrime of simple seduction. When the girl between

the ages of 12 and 18, virgin, consents to carnalknowledge through deceit, then that becomes acrime of simple seduction.

If the daughter now is being seduced, and there isan ongoing sexual intercourse between thedaughter and the offender, in a qualified seductionor in a simple seduction, and then the father killsthe man or even the daughter, 247 applies as anabsolutory cause. That is the application. Kaya lang unfair don sa daughter. But the law says, in so faras the daughter and the seducer, hindi sinabi naseducer lang ang pinatay.

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Art. 248. Murder. — Any person who, notfalling within the provisions of Article 246 shallkill another, shall be guilty of murder and shallbe punished by reclusion temporal in itsmaximum period to death, if committed withany of the following attendant circumstances:

1. With treachery, taking advantage of superiorstrength, with the aid of armed men, or

employing means to weaken the defense or ofmeans or persons to insure or afford impunity.

2. In consideration of a price, reward, orpromise.

3. By means of inundation, fire, poison,explosion, shipwreck, stranding of a vessel,derailment or assault upon a street car orlocomotive, fall of an airship, by means ofmotor vehicles, or with the use of any othermeans involving great waste and ruin.

4. On occasion of any of the calamitiesenumerated in the preceding paragraph, or of

an earthquake, eruption of a volcano,destructive cyclone, epidemic or other publiccalamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanlyaugmenting the suffering of the victim, oroutraging or scoffing at his person or corpse.

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Bar exam: guard fired gun to scare, bullet bouncedback caused injuries... now it may lead to threecrimesmurderhomicidereckless imprudence resulting to homicide

When the killing is attended by any of the qualifyingaggravating circumstances, then it becomes acrime of murder.However, if there is no intent to kill from the verybeginning, no intent to kill from the very beginningeven if the killing is attended by a qualifyingaggravating circumstance, that cannot become acrime of murder. That becomes a crime ofhomicide.

As we have studied in Paragraph 1 of Article 4when you perform a lawful act, and then differentfrom what you have intended to commit, then that

is unintentional crime. I mean, you were performingan unlawful act, although different from what youhave intended to commit, then that becomes acrime of homicide, ! di ba? He dies. Althoughdifferent from what he intended to commit. But ifyou are performing a lawful act, in the performanceof such lawful act you caused the death ofsomebody else, that cannot be homicide. Thatcannot be murder. It becomes a crime of recklessimprudence resulting to homicide.

Intent to Kill

1. Manner of killing2. utterances prior and at the occasion of3. weapon used (although a handkerchief may also

be used in a lethal manner)

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Art. 249. Homicide. — Any person who, notfalling within the provisions of Article 246, shallkill another without the attendance of any ofthe circumstances enumerated in the nextpreceding article, shall be deemed guilty ofhomicide and be punished by reclusiontemporal.





Art. 259. Abortion practiced by aphysician or midwife and dispensing ofabortives.__________________________________Midwife or Physician cause or assist in anabortion.

Physician is also liable for dispensing withoutproper prescription abortives.

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Section Three. — DuelArt. 260. Responsibility of participantsin a duel.

Art. 261. Challenging to a duel. — (A)nyperson who shall challenge another, or

incite another to give or accept a challengeto a duel, or shall scoff at or decry anotherpublicly for having refused to accept achallenge to fight a duel.

Chapter TwoPHYSICAL INJURIES

Art. 262. Mutilation.__________________________________

What about serious intentional mutilation orintentional mutilation. What are these crimes? Now,serious intentional mutilation, it will depend on whatis mutilated. If what is mutilated is a reproductiveorgan, then that is serious intentional mutilation.Any other part of the body mutilated other than thereproductive organ is what we called intentionalmutilation. It becomes serious when it isreproductive organ. It is intentional mutilation whenit is not a reproductive organ. But mutilation mayalso be a serious physical injuries. If you cut off onefinger, that is also serious physical injuries. You cut

one finger that can be also intentional mutilations.How do you differentiate the two? If the intention isonly to injure, then 263. But if the intention is tomutilate, then that is intentional mutilation. Akin! yung kamay mo tapos pinalo mo ng martilyo,intentional mutilation ! yun. But in the process of aquarrel, nag away kayo, and then one of the fingerswas cut off because of the quarrel, then that isserious physical injuries.

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Art. 263. Serious physical injuries. —

Any person who shall wound, beat, or assaultanother, shall be guilty of the crime of seriousphysical injuries and shall suffer:

1. insane, imbecile, impotent, or blind;

2. lost the use of speech or the power to hearor to smell, or shall have lost an eye, a hand, afoot, an arm, or a leg or shall have lost the useof any such member, or shall have becomeincapacitated for the work in which he wastherefor habitually engaged;

3. the person injured shall have becomedeformed, or shall have lost any other part ofhis body, or shall have lost the use thereof, orshall have been ill or incapacitated for theperformance of the work in which he ashabitually engaged for a period of more than(90) ninety days;

4. illness or incapacity for labor of the injuredperson for more than (30) thirty days.

If the offense shall have been committed againstany of the persons enumerated in Article 246, orwith attendance of any of the circumstancesmentioned in Article 248, the case covered bysubdivision number 1 of this Article shall bepunished by reclusion temporal in its medium andmaximum periods; the case covered by subdivisionnumber 2 by prision correccional in its maximumperiod to prision mayor in its minimum period; the

case covered by subdivision number 3 by prisioncorreccional in its medium and maximum periods;and the case covered by subdivision number 4 byprision correccional in its minimum and mediumperiods.

The provisions of the preceding paragraphshall not be applicable to a parent who shallinflict physical injuries upon his child byexcessive chastisement.

Art. 264. Administering injurioussubstances or beverages. — Thepenalties established by the next precedingarticle shall be applicable in the respectivecase to any person who, without intent tokill, shall inflict upon another any serious,physical injury, by knowingly administering tohim any injurious substance or beverages orby taking advantage of his weakness of mindor credulity.

Art. 265. Less serious physical injuries.

— Any person who shall inflict upon anotherphysical injuries not described in the precedingarticles, but which shall incapacitate the





offended party for labor for (10) ten days ormore, or shall require medical assistance forthe same period, shall be guilty of less seriousphysical injuries and shall suffer the penalty ofarresto mayor.

Whenever less serious physical injuriesshall have been inflicted with the manifestintent to kill or offend the injured person, orunder circumstances adding ignominy tothe offense in addition to the penalty ofarresto mayor, a fine not exceeding 500pesos shall be imposed.

Any less serious physical injuries inflicted uponthe offender's parents, ascendants, guardians,curators, teachers, or persons of rank, orpersons in authority, shall be punished by

prision correccional in its minimum andmedium periods, provided that, in the case ofpersons in authority, the deed does notconstitute the crime of assault upon suchperson._____________________________________

Check that it does not amount to Direct Assault.

__________________________________Art. 266. Slight physical injuries andmaltreatment. — The crime of slight

physical injuries shall be punished:

1. By arresto menor when the offender hasinflicted physical injuries which shallincapacitate the offended party for labor fromone to nine days, or shall require medicalattendance during the same period.

2. By arresto menor or a fine not exceeding 20pesos and censure when the offender hascaused physical injuries which do not preventthe offended party from engaging in his

habitual work nor require medical assistance.

3. By arresto menor in its minimum period or afine not exceeding 50 pesos when the offendershall ill-treat another by deed withoutcausing any injury.

Art 266-A. Rape: When and HowCommitted. - Rape is Committed-1) By a man who shall have carnal knowledgeof a woman under any of the following

circumstances:a) Through force, threat, or intimidation;

b) When the offended party is deprived ofreason or otherwise unconscious;c) By means of fraudulent machination orgrave abuse of authority;d) When the offended party is under twelve(12) years of age or is demented, even thoughnone of the circumstances mentioned abovebe present;2) By any person who, under any of thecircumstances mentioned in paragraph 1hereof, shall commit an act of sexual assaultby inserting his penis into other person'smouth or anal orifice, or any instrument orobject, into the genital or anal orifice of anotherperson.

Art. 266-B. Penalties. - Rape underparagraph 1 of the next preceding article shall

be punished by reclusion perpetua.

Whenever the rape is committed with the useof a deadly weapon or by two or morepersons, the penalty shall be reclusionperpetua to death.

When by reason or on the occasion of therape, the victim has become insane, thepenalty shall be reclusion perpetua to death.

When the rape is attempted and a homicide iscommitted by reason or on the occasionthereof, the penalty shall be reclusion perpetuato death.

When by reason or on the occasion of therape, homicide is committed, the penalty shallbe death.

The death penalty shall also be imposed if thecrime of rape is committed with any of thefollowing aggravating/qualifying

circumstances:1) When the victim is under eighteen (18)years of age and the offender is a parent,ascendant, step-parent, guardian, relative byconsanguinity or affinity within the third civildegree, or the common-law spouse of theparent of the victim.2) When the victim is under the custody of thepolice or military authorities or any lawenforcement of penal institution.3) When the rape is committed in full view of

the spouse, parent, any of the children or otherrelatives within the third civil degree ofconsanguinity.





4) When the victim is a religious engaged inlegitimate religious vocation or calling and ispersonally known to be such by the offenderbefore or at the time of the commission of thecrime.(5) When the victim is a child below seven (7)years old.(6) When the offender knows that he isafflicted with Human Immune-Deficiency Virus(HIV)/Acquired Immune Deficiency Syndrome(AIDS) or any other sexually transmissibledisease and the virus or disease is transmittedto the victim.(7) When committed by any member of theArmed Forces of the Philippines or paramilitaryunits thereof or the Philippine National Policeor any law enforcement agency or penalinstitution, when the offender took advantage

of his position to facilitate the commission ofthe crime.(8) When by reason or on the occasion of therape, the victim suffered permanent physicalmutilation or disability.(9) When the offender knew of the pregnancyof the offended party at the time of thecommission of the crime.(10) When the offender knew of the mentaldisability, emotional disorder and/or physicalhandicap of the offended party at the time of

the commission of the crime.Rape under paragraph 2 of the next precedingarticle shall be punished by prision mayor.

Whenever the rape is committed with the useof a deadly weapon or by two or morepersons, the penalty shall be prision mayor toreclusion temporal.

When by reason or on the occasion of therape, the victim has become insane, thepenalty shall be reclusion temporal.

When the rape is attempted and a homicide iscommitted by reason or on the occasionthereof, the penalty shall be reclusion temporalto reclusion perpetua.

When by reason or on the occasion of therape, homicide is committed, the penalty shallbe reclusion perpetua.

Reclusion temporal shall also be imposed if

the rape is committed by any of the tenaggravating/qualifying circumstancesmentioned in this article.

Art. 266-C. Effect of Pardon - Thesubsequent valid marriage between theoffender and the offended party shallextinguish the criminal action or the penaltyimposed.In case it is the legal husband who is theoffender, the subsequent forgiveness by thewife as the offended party shall extinguish thecriminal action or the penalty. Provided, Thatthe crime shall be extinguish or the penaltyshall not be abated if the marriage is void abinitio.

Art. 266-D. Presumptions. - Any physicalovert act manifesting resistance against theact of rape in any degree from the offendedparty, or where the offended party is sosituated as to render her/him incapable ofgiving valid consent, may be accepted as

evidence in the prosecution of the actspunished under Article 266-A

__________________________________ATTEMPTED RAPE; MEANINGThen that"s attempted rape. Sometimes some say,intent to lie down with the woman or in sometimesthey call it - intent to penetrate. Because lying downis ano eh broad yun, eh. Pinahiga mo yun eh, that"slying down. But there is no intent to penetrate, eh .So, if there is intent to penetrate, but the problem ishow do you know if there is intent to penetrate?How will you know? It still depends on the facts.

Supposing the man insisted on inserting his privateorgan, but he was prevented by the girl, so that hecould not insert his private organ. Then that is sureintent to penetrate. But there was no penetrationslightest because the woman forced the man, diba? Ganun yun, eh. May intent to penetrate butbecause there is no slight penetration, that willbecome a crime of attempted rape.

FORCE; REQUIREDenough for her not to be able to prevent the intentto penetrate.

DEPRIVED OF REASON; MEANINGP: She might be asleep or was boxed. What abouta woman who"s sleeping? A woman who issleeping. Can you do a crime of rape when thewoman is sleeping? Is she unconscious?

S: Yes, sir. She is probably unconscious. Assumingthat there is a possibility that –

P: There was an old case, I think 10 years ago,when the woman was already sleeping but she did

not resist. If she is sleeping and then you go on topof the woman and then she wakes up - of courseshe will wake up. Then, she did not persist, ayun





baka walang rape yun because she did not resist,eh. When a woman is sleeping and then you go ontop of her she will be awaken. But if she does notresist at that time, walang rape iyon. That is notunconscious. What is unconscious is that, she onlydiscovers that somebody inserted his private organafter she"s awakened. Yun ang unconscious or

deprived of reason. What about sleeping? Therewas an old case, where the accused was convictedbecause what happened there was she wassleeping. Then when she was sleeping, somebodywent on top of her. Naramdaman niya eh. Butbefore that she thought that it was her husband.Hindi nagrereklamo. Sabi niya ah, husband ko ! to.Okay lang. Ang problema after he inserted hisprivate organ, I do not know kung bakit ano- ah,“Hindi ito ang asawa ko! Hindi ito ang asawa ko!”Hindi sinabi sa case kung bakit, eh. Naramdamanniya, hindi pala yun ang asawa niya. Baka maliit e,

o iba yung korte. That is still a crime of rape. Shedid not resist him because she thought then that hewas her husband. Yun, sinabi ng Supreme Court,rape yan.

Then there was another case in Palawan. Actressyun ng British, eh. Kasama yung boyfriend thenthey have been drinking, nag inuman sila dun.Then the woman was a littler tipsy, probably tipsy, nakatulog. Because this case came later than thefirst one, so the boy yung ano dun, yung parangbellboy doon sa hotel. Yun pala ang ano, he wenton top of the British stage actress and then he

charged the boy with rape and he was convicted inthe lower court. But in the Supreme Court the boywas acquitted because she was not totally asleep.She was conscious. It does not fall under otherwiseconscious kasi she testified on cross examinationthat she could feel what was being done to her. So,if she felt there"s something but she did not resist.She only resisted after eh. And then the otherproblem is she fails to file the case, belatedly. Hindiniya agad fi-nile yung kaso, eh. So, ang suspetsako dun, the boyfriend later discovered that shewent to bed with another man, and the boyfriend

discovered, fi-nilan niya ng rape, iyon ang suspetsako. So, that boy was acquitted in follow up. Swerte .Nakalibre!

FRAUDULENT MACHINATION

The example that they gave you in congress is that,let"s say even a customer. You"re a prostitute, youhave a customer and then you agreed that you willpay the prostitute, let"s say in the amount of 5,000pesos. Then after that she agreed to have a sexualintercourse because you will have to pay her 5,000pesos. Now, after the sexual intercourse, the boy

said, “No, I will not pay you, pulis ako eh. Libre angpulis, eh.” According to Congress, rape yun. That"sthe meaning of rape. That"s rape because sheshould not have agreed to sexual intercourse if not

– that is now fraudulent machination. Fraud, e h. Diba ang estafa can be committed also throughfraud? Likened to estafa yun eh. Or you have aprostitute the asking price is 5,000 pesos. Thensabi niya, “Hoy, tama na sayo isang libo eh. Hindika naman pala magaling. So, 1,000 lang.” That"s acrime of rape. That is fraudulent machination. Wala

pang nagaganyan eh. Meron na ba? Wala. Theprostitute will charge the customer? If she doesthat, she will lose all her customers. She will not dothat. They included that, but that was not therebefore the amendment, but they included that.Okay. So, more than 12, you have to prove withoutthe consent?

RAPE OF VICTIM OF AGES BETWEEN 12 AND18 IN RELATION TO QUALIFIED SEDUCTIONBetween the ages 12 and 18, ha , as long as it doesnot fall under qualified or simple seduction. So,

between 12 and 18 you always prove that is donethrough any of those mentioned in Paragraph A, B,and C. In all cases. There is one exception. Whenthe rape is commitment by the father over thedaughter or stepfather or stepdaughter even if thedaughter consented to a carnal knowledge as longas the daughter is between the ages of 12 and 18that can still be a crime of rape because accordingto the Supreme Court, the moral ascendancyexercised by the father by reason of parentalauthority substitutes for the required force ofintimidation in a crime of rape. Kasi daw pag morethan 12 daw less than 18, pag sinabi daw ng tatay

walang magawa yung anak because of theascendancy. But if the daughter is already morethan 18, consented to a sexual intercourserequested by the father, the father can no longer beliable of a crime of rape. Why? Because there is noparental authority to speak of. But the father cannotescape liability, he will still be liable. He can still beliable for a crime of qualified seduction under thesecond paragraph of Article 337. Walang lusot angtatay, eh. Palagi yun. Kung more than 12, less than18, nag consent yung anak, rape yan. Kung morethan 18, nag consent yung anak, hindi rape yan,

but the father may be liable for qualified seductionunder the second paragraph of Article 337.Nakalagay dun sa second paragraph ng 337; evenif the daughter is more than 18 and is not of goodreputation, consents to a sexual intercourse of thefather, the crime is qualified seduction

MISSIONARY RAPE AND DOG-STYLE RAPE;SUCCESSIVE STYLES, ONE CRIME EACHMissionary rape is when the woman and the manface each other. So, frontal ang rape. Dog style isdog style, patalikod . Now, the difference between

the two is that, when it is a missionary rape, it is asimple rape. Dog style rape is, likewise, a simplerape but aggravated by ignominy. Aggravated byignominy. That means under Paragraph 17 of





Article 14. It is still a simple rape but there is nowan aggravating circumstance of ignominy or moralsuffering under Paragraph 17 of Article 14. Nottreachery. Hindi rin mistake of the blow.

SUCCESSIVE PENETRATION Yeah, three crimes ! yan . Rape is consummated the

moment that there is a slightest penetration. So, ifyou committed a crime of rape frontal and thenafterwards dog style, that"s another form of rape.S: Sir, go back to missionary rape.P: You go back to?S: Missionary rape.P: Eh, ! di pangatlo na ! yun.S: Then go back to frontal, four times?P: Yes.

DOCTRINE : PEOPLE v. ORILLABawat hugot mo at saksak isang crime of rape yun .

People vs. Joseph Orilla where the Supreme Courtsaid that in that case the man ejaculated twice. So,ilan crimes of rape? He ejaculated twice, ano. Sabing Supreme isa lang crime of rape. Becauseaccording to the Supreme Court consummatedcrime of rape is determined by how many times theprivate organ touched the opening. So, in otherwords, you – there is one consummated crime ofrape, ha . Inalis mo. Tapos regardless of the intervalof time, ibinalik mo. Pangalawang rape ! yun. Bawa " thugot, isang rape yun. That is the implication. It isdetermined by the number of times the privateorgan penetrates the private organ of the female.

RAPE IN RELATION TOACTS OF LASCIVIOUSNESSNgayon, if your interpretation is that it is donemerely to satisfy one"s lust through lewd design,acts of lasciviousness $yun, hindi ba? So, how willyou distinguish now if that"s acts of lasciviousnessor lewd design? Then, it will depend on theintention of the offender because more thanlewd design is attempted rape, kasi. So, if yourproblem is that walang erection, incapable of

erection, ah, mahirap i- prove ! yun, eh . You'reincapable of erection, siya lang nagsasabi nun.Then, that will be acts of lasciviousness if there"sno intent to penetrate, hindi ba? What I am sayingis that, if there is no intent to penetrate, eh bakitnandun kung may absence of erection? Bakitnandun sa ibabaw yung lalaki? Conductingsurveillance? Hindi ba? That will be a matter ofdefense. Sa tingin ko that will still be attemptedrape if you can prove that there is an intent topenetrate.

SEXUAL ASSAULT AS A CRIME OF RAPE266-B Par 2.it can be committed against any person that meansthat the victim maybe a boy, maybe a girl. Theoffender may also be a boy, may also be a girl.

OFFENDER

The offender is the one employing force, notnecessarily the one who inserted his penis.

FINGER AS AN INSTRUMENT Can you not insert an instrument or object into theprivate organ of the male? But the law says anyperson, eh , or instrument or object on the analorifice of any person. $Yun ang any person. Even ifhe is undergoing treatment for hemorrhoids?Minsan itong batas kasi ano eh , because the lawsays instrument or object, eh . That"s why thequestion in one of the cases that was brought to

the Supreme Court, I think that"

s in 2003, whetheror not that instrument or object includes a finger –includes a finger because the law says instrumentor object. The law does not say instrument orobject or any part of the body except private organ.Nakalagay dun instrument or object, eh . So, anyinstrument or object is something that is not part ofthe body, kasi instrument or object, eh . So, a mannow, if a man touches the private organ of a male,a male person touches the private organ of maleperson against his consent, is that covered bysexual assault as a form of rape? Yes.

The Supreme Court already interpreted thatinstrument or object includes fingers or any part ofthe body other than the private organ of the male. Ifit is the private organ of the male, then it becomesa crime of rape. If any part of the body, the tongue,the fingers, that is sexual assault as a form of rape.Kaya ! yung genitalia na sinasabi mo. That alsoapplies to male person. Oh, let"s say a male personforces another male. Okay. You undress and thentouch his private organ. Ginanun niya. That"scovered by sexual assault as form of rape. Okay.So, that"s not anymore acts of lasciviousness.

That"s already been settled, ano ha . But if you

touch the private organ of the female, thenafterwards in one occasion you went up and thentouch the breast of the woman. $Yun, dalawangcrimes ! yun . The touching of the private organ ofthe female is a sexual assault as a form of rapeand the touching of the breast or you fondle thebreast. That"s a crime of acts of lasciviousnessunder Article 336.

INSERTION v. MERE TOUCH Sir, is slightest penetration rule apply also to the

what sexual assault as a form of rape?No, there is none, there must be insertion.Consummated parati yun.





SPECIAL COMPLEX CRIMES IN RAPEIf the victim died in the crime of rape, specialcomplex crime of RAPE WITH HOMICIDE.

If the rape is attempted and the victim dies, itbecomes the special complex crime ofATTEMPTED RAPE WITH HOMICIDE.

If the victim raped did not die from the injuries, thecrime is QUALIFIED RAPE. All the injuries now willbecome elements of violence as a crime of rape.

If a vibrator was inserted in the victim, and died asa result therefrom, then he becomes liable for thespecial complex crime of SEXUAL ASSAULT AS AFORM OF RAPE WITH HOMICIDE.

QUALIFIED RAPESo what is then qualified rape? If the rape isattended by any of the 10 circumstances in the lawon rape

RA 7610 (Anti-Child Abuse Law) and RA 9262(Anti-VAWC Law) in Relation to Article 266-A.Republic Act No. 7610 Section 5 Child Prostitutionand Other Sexual Abuse

This says that the law applicable is the law on rapein the revised penal code.

If the victim is more than 12 and less than 18,then the law that is applicable is RA 7610.

Republic Act 9262 Anti-Violence Against Womenand Their Children Act - there is a relationshipbetween the offender and the mother of thevictim or the offender has a relationship withthe victim.

9262 covers four kinds of violence:1) Physical violence.2) Sexual violence.3) Psychological violence.4) Economic violence.

9262 WHEN APPLICABLE

When the act is committed against a wife, formerwife or has a common child. Naanakan niya,common child or has had dating relationships orhas had sexual relationships, and their children.That means that committed against women; those Imentioned wife, former wife, has a common child,has had dating relationships or has had sexualrelationships, and their children. Therefore, theseare the victims.

STEP FATHERSThe offender is the stepfather of an 11-year-old girl.So, a man is living with a woman who has a child oftheir own, and they had sexual relationship. They

are living together as husband and wife. But thestepfather of the child later can be – and then 11-year-old girl surrendered herself, consented to a

sexual intercourse requested by the stepfather. So,he will find now that is a crime of rape that hisstatutory rape because the woman, the girl is lessthan 12 even if she consents, that is always rape.

But, the law says in 9262, that if the victim is thechild of a common law wife and there's a sexualviolence, the law that is applicable is Republic Act

9262. But, there is no penalty for sexual violence in9262. So what rule is violated? The lawsviolated would be Republic Act 9262 in relationto the law and rape in the Revised Penal Code.Do not answer it immediately as Revised PenalCode because the relationship of the offender andthe offended party is covered 9262. So, violation ofRepublic Act 9262, otherwise known as the Law onthe Violence Against Women and Children inrelation to statutory rape under the Revised PenalCode.

! Now, if however, there is no relationship between

the offenders. So, a man was walking and then hesaw a little girl, 11 years old, not related, comes upto the girl, then gives her candy. Then after givingcandy, the girl consented to a sexual intercourse orcarnal knowledge. What is the crime committed?Then the offender will now be liable under theRevised Penal Code because that is statutory rapeand there is no relationship covered by 9262, in sofar as the offended and the offender are concerned. ! Okay. Now, if the victim is more than 12 and lessthan 18, so a man raped a girl between the ages of12 and 18. What is the law violated? Definitely theRepublic Act 7610 as provided for in Paragraph 2

of Section 5 in relation to the law on rape in theRevised Penal Code.

! But if there is a relationship between the offenderand the offended parties covered by 9262, then thelaw that is violated is Republic Act 9262 in relationto the law on rape in the Revised Penal Code.

MINOR VICTIMSSo, let's go to Section 5. Now, Section 5, as I'vesaid, covers victims of child abuses less than 18years of age or those more than 18 years of agewho cannot properly manage themselves. That

means those are suffering from mental disorder,covered yun by child abuse because they think likea child. Hindi lang less than 18 yon and also thosewho cannot properly manage themselves becauseof mental deficiency.

Okay. So, a girl was sold by her mother. A girl wassold by her mother. Probably, the girl was 11 yearsof age to a foreigner who likes to have youngchildren. The girl was, likewise, raped. The 11-year-old girl was, likewise, rapes. And then because he'sa foreigner, you went to the highest court in Pasig.What is the highest court in Pasig? Victoria Court.

That is the highest court. And with the consent ofthe owner of the motel, allowed the foreigner andthe girl to rent a room where he could use the girlfor sexual abuse. But the girl consented, she was





raped. The mother, likewise, was raped. Ganonang nangyari kay Inday eh. Mamaya sabihin kosa'yo.

So what happened? So, consented? What is thecrime or what are the crimes? Are there crimescommitted? There are three crimes committedthere because she is less than 18 years of age. In

fact, she is 11 years of age. The mother will beliable under Section 5 Paragraph A as a procurer.That’s the meaning, pimp, under Section 5Paragraph A.

The foreigner will be liable to the crime of rape.Why crime of rape? Because the girl is less than 12years old, that is always rape under the RevisedPenal Code.

Now, the administrator of the motel who knew ofwhat the man did to the girl because he allowedthem to go inside the room will be liable for

violation of Section 5 Paragraph C. The owner, theadministrator, of the place where the act iscommitted is likewise liable under Paragraph C.

Now, if however the girl is more than 12, but lessthan 18, what's the crime committed? There couldbe no rape. Why no rape? Because the womanconsented, more than 12 na eh, less than 18, diba? But still the foreigner or the mother would stillbe liable under Paragraph A, still a procurer. Andthen the man could still be liable under Section 5under the second part for the crime of child abuse.That’s the meaning of child abuse or sexualexploitation. And then the place where it took place

is still liable under Paragraph C of Section 5.Walang lusot diyan eh.

But, supposedly, if the victim is more than 18,allowed herself to be used, it doesn't anymore fallunder Republic Act 7610 because she is already ofage. She is not considered as a child for purposesof Republic Act 7610.

So, the bar exams last year or 2 years ago, theexaminer combined the provisions of Section 5 andthe law of rape. Maganda yung tanong eh. Angginawa niya, the mother allowed her daughter to be

used by a foreigner, and the foreigner instead ofhaving sexual intercourse with the girl, he inserteda vibrator in the private organ and she dies, di ba? She dies inside a motel where the administrator orthe manager allowed the foreigner to engage inthat lascivious act inside the motel.

STATUTORY SEXUAL ASSUAULT Ang tinanong ngayon anong crimes committed. Anong crimes? Yung mother is still liable as apimp, procurer . What about the foreigner in so faras the girl is concerned? He is liable for the crimeof assault – sexual assault with homicide. Ano

yan, sexual assault because if the sexual assault -there is also what they call statutory sexualassault. Di ba kung rape, statutory rape. But if youdo not insert your private organ, but instead the

instrument or object, it becomes sexual assault.Therefore, you do not also prove consent. So, ifshe died, if the girl consent, immaterial. Consent isimmaterial if the victim is less than 12. If she dies, ifthe girl consented to the insertion of a vibrator andshe is less than 12, then the crime is sexual assaultwith homicide under the Revised Penal Code asamended by Republic Act 8353. And, then, the man

who the (manager) of motel will still be liable underParagraph C pf Section 5. Do you follow?

Yon ganon. Maraming sumagot homicide daw eh,because there was no intent to kill. Hindi kako sexual assault yan with homicide because she isless than 11. So, everybody agreed that that shouldbe the answer. So, that was the answer in the barexams. Eh buti nalang ganon lang ang tanong he.Mahirap kase pag pinag – they ask you a question,and then probably the answers could be found intwo or three special laws. Yun ang mahirap. Like inthe next topic, of course, you know already what is

battered woman syndrome, di ba? Under 9262, wetook that up when we took up Paragraph 1 of Article 11, the defense of bat tered womansyndrome, okay.

Title Nine

CRIMES AGAINST PERSONALLIBERTY AND SECURITY

Chapter OneCRIMES AGAINST LIBERTY

Art. 267. Kidnapping and serious illegaldetention. — Any private individual who shallkidnap or detain another, or in any othermanner deprive him of his liberty, shall sufferthe penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall havelasted more than five days.

2. If it shall have been committed simulating

public authority.

3. If any serious physical injuries shall havebeen inflicted upon the person kidnapped ordetained; or if threats to kill him shall havebeen made.

4. If the person kidnapped or detained shall bea minor, female or a public officer.

The penalty shall be death where the

kidnapping or detention was committed for thepurpose of extorting ransom from the victim orany other person, even if none of the





servitude, debt bondage, then on the lastParagraph, Paragraph H, for the purpose of armedactivities, mercenaries, except in Paragraph G.

par (g) when child is abducted against his will/ violence - why not kidnapping? because ofpurpose which is FOR SELLING ORGANS.

GUIDE Oo, pag deprivation of liberty, sigurado ka 267.Ngunit kung walang lock up, grave coercion. Ngunitkung child trafficking, then Section 7 Republic Act7610. For purposes of exploitation or any of thepurpose or any of the purposes mentioned bySection 4 Republic Act 9208. But, there is also acrime of kidnapping of a minor under 270. Kayakung kidnapping ng minor yan, dapat andcomplete answer is if the answer falls under267, they can denominate the crime askidnapping and serious illegal detention if thevictim is a minor .

_____________________________________

Art. 268. Slight illegal detention. — Thepenalty of reclusion temporal shall be imposedupon any private individual who shall committhe crimes described in the next precedingarticle without the attendance of any ofcircumstances enumerated therein.

The same penalty shall be incurred by anyonewho shall furnish the place for the perpetration

of the crime.

If the offender shall voluntarily release theperson so kidnapped or detained within threedays from the commencement of thedetention, without having attained the purposeintended, and before the institution of criminalproceedings against him, the penalty shall beprision mayor in its minimum and mediumperiods and a fine not exceeding sevenhundred pesos.

Art. 269. Unlawful arrest. — The penaltyof arresto mayor and a fine not exceeding 500pesos shall be imposed upon any person who,in any case other than those authorized bylaw, or without reasonable ground therefor,shall arrest or detain another for the purposeof delivering him to the proper authorities.

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure toreturn a minor. — The penalty of reclusionperpetua shall be imposed upon any personwho, being entrusted with the custody of a

minor person, shall deliberately fail to restorethe latter to his parents or guardians.

Art. 271. Inducing a minor to abandonhis home. —(A)nyone who shall induce a minor to abandonthe home of his parent or guardians or thepersons entrusted with his custody._____________________________________

The father or the mother of the child may also beliable for this crime.

__________________________________

Art. 272. Slavery. — The penalty of prisionmayor and a fine of not exceeding 10,000pesos shall be imposed upon anyone whoshall purchase, sell, kidnap or detain a humanbeing for the purpose of enslaving him.

If the crime be committed for the purpose ofassigning the offended party to some immoraltraffic, the penalty shall be imposed in its

maximum period.

Art. 273. Exploitation of child labor. —The penalty of prision correccional in itsminimum and medium periods and a fine notexceeding 500 pesos shall be imposed uponanyone who, under the pretext of reimbursinghimself of a debt incurred by an ascendant,guardian or person entrusted with the custodyof a minor, shall, against the latter's will, retainhim in his service.

Art. 274. Services rendered undercompulsion in payment of debt.





Chapter TwoCRIMES AGAINST SECURITYSection One. — Abandonment ofhelpless persons and exploitation ofminors.

Art. 275. Abandonment of person indanger and abandonment of one's ownvictim. — The penalty of arresto mayor shallbe imposed upon:

1. Any one who shall fail to renderassistance to any person whom he shallfind in an uninhabited place wounded or indanger of dying, when he can render suchassistance without detriment to himself,unless such omission shall constitute a more

serious offense.

2. Anyone who shall fail to help or renderassistance to another whom he hasaccidentally wounded or injured.

3. Anyone who, having found an abandonedchild under seven years of age, shall fail todeliver said child to the authorities or to hisfamily, or shall fail to take him to a safe place.

__________________________________

If you cause injury to another through recklessimprudence, then you abandon, it is a crime. soyou end up liable for two crimes. this only applies toreckless imprudence, and does not apply tointentional felonies.

Bar Question: Abandonment of a person on theverge of death. - luneta park at 12mn - qualify ifinhabited/uninhabited.

Now, what is an uninhabited place? When thereare no people at any given time. If it so happens

that there are no people at that time, that does notmake the place uninhabited. Let's say, in theevening at 12 o'clock, there are no persons aroundthe area. There are many houses. Is thatuninhabited? That is not uninhabited. That isinhabited. So, there is no crime. 275 is notapplicable.

__________________________________

Art. 276. Abandoning a minor.__________________________________Abandoning of a child under 7 of which onehas custody of.

Higher penalty if the child dies or his life is put

in danger._____________________________________

Art. 277. Abandonment of minor byperson entrusted with his custody;indifference of parents. — The penalty ofarresto mayor and a fine not exceeding 500pesos shall be imposed upon anyone who,having charge of the rearing or education of aminor, shall deliver said minor to a publicinstitution or other persons, without theconsent of the one who entrusted such child tohis care or in the absence of the latter, withoutthe consent of the proper authorities.The same penalty shall be imposed upon theparents who shall neglect their children by notgiving them the education which their station inlife require and financial conditions permit.

__________________________________

One in charge of rearing or education of a minordelivers to a public institution or other persons without the consent of the one who entrusted the

child to his care or the consent of properauthorities.

Parents who neglect their children (by not givingthem the education which their financial conditionspermit) are also liable under this article._____________________________________

Art. 278. Exploitation of minors. — Thepenalty of prision correccional in its minimumand medium periods and a fine not exceeding500 pesos shall be imposed upon:

1. Any person who shall cause any boy or girlunder sixteen years of age to perform anydangerous feat of balancing, physical strength,or contortion. 2. Any person who, being anacrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged ina similar calling, shall employ in exhibitions ofthese kinds children under sixteen years ofage who are not his children or descendants.

3. Any person engaged in any of the callingsenumerated in the next paragraph precedingwho shall employ any descendant of his under





twelve years of age in such dangerousexhibitions.

4. Any ascendant, guardian, teacher or personentrusted in any capacity with the care of achild under sixteen years of age, who shalldeliver such child gratuitously to any personfollowing any of the callings enumerated inparagraph 2 hereof, or to any habitual vagrantor beggar.

If the delivery shall have been made inconsideration of any price, compensation, orpromise, the penalty shall in every case beimposed in its maximum period.In either case, the guardian or curatorconvicted shall also be removed from office asguardian or curator; and in the case of the

parents of the child, they may be deprived,temporarily or perpetually, in the discretion ofthe court, of their parental authority.

5. Any person who shall induce any childunder sixteen years of age to abandon thehome of its ascendants, guardians, curators,or teachers to follow any person engaged inany of the callings mentioned in paragraph 2hereof, or to accompany any habitual vagrantor beggar.

__________________________________

278, I believe, has already been amended byRepublic Act 7610 – exploitation of minors. It mayfall under child abuse. 'Yung act is punishable.Why? Because the minor children is less than 16years of age or below, or sometimes 12 years ofage or below, they are required to performdangerous tricks. 'Yung kumakain ng apoy, espada, circus. That's true. That's 278. 'Yung dangerousfalling, 'yung acrobats, 'yung kumakain ng apoy, okumakain ng espada, yung mga acrobats, circus.Those are punished under Article 278. But if theacts fall under child abuse, then the law that isapplicable is Republic Act 7610.

__________________________________

Art. 279. Additional penalties for otheroffenses.

Section Two. — Trespass to dwelling

Art. 280. Qualified trespass to dwelling. __________________________________

Trespass to dwelling : Any private person who

shall enter the dwelling of another against thelatter's will.

Qualified Trespass to dwelling : If committed withviolence or intimidation, a higher penalty shall beimposed.

EXCEPTIONS

1. Any person who shall enter another's dwellingfor the purpose of preventing some serious harmto himself, the occupants of the dwelling or athird person,

2. any person who shall enter a dwelling for the

purpose of rendering some service to humanityor justice,

3. Anyone who shall enter cafes, taverns, inn andother public houses, while the same are open.

Art 128 Violation of Domicile - only public officers

But supposing you enter and then later on youcaused injury to the owner of the house. What's thecrime committed? The entry is not accompanied byviolence. But if the entry is accompanied byviolence, there is no problem. But if the entry is not

accompanied by violence and then after the entry,violence is committed, what's the crime committed?Will it be trespass to dwelling and another crime?Or qualified trespass to dwelling?

Now, the violence required of qualified trespass todwelling should not be so serious. It is merelyviolence in order to cause entry. Now, if you enterthe dwelling without any violence, but right after theentry the owner of the house says, "Why did youenter?" and then you box the owner of the house.In other words, if the violence is still in connectionwith the entry, then it's still qualified trespass todwelling. Pag pasok niya, "O, ba't ka pumasok?"Sinuntok mo. In other words, if the violence hassomething to do with the entry, even if theviolence took place after the entry, the crime isstill qualified trespass to dwelling. But if theviolence has nothing more to do with the entry, thendwelling now becomes aggravating circumstance ifthere is another crime committed.

The violence required in qualified trespassingneed not be serious, but only enough to enter.

If the violence had nothing to do with the entry,then it is not qualified trespass. dwelling may





then now become an aggravatingcircumstance

__________________________________

Art. 281. Other forms of trespass._____________________________________

Trespassing into a1. closed premises2. fenced estate

of another while UNINHABITED, if the prohibition toENTER be not manifest and there has been noconsent form owner or caretaker.

Simply statedBut if you just merely enter an enclosed estateperiod, the crime is Article 281. If you enter andthen build a house, claim that that is your property,

then the crime is 312 under crimes againstproperty.

__________________________________

Section Three. — Threats and coercion

Art. 282. Grave threats. — Any personwho shall threaten another with the infliction

upon the person, honor or property of thelatter or of his family of any wrongamounting to a crime, shall suffer:

1. The penalty next lower in degree than thatprescribed by law for the crime be threatenedto commit , if the offender shall have madethe threat demanding money or imposingany other condition, even though notunlawful , and said offender shall have attainedhis purpose .

If the offender shall not have attained hispurpose, the penalty lower by two degreesshall be imposed.

If the threat be made in writing or through amiddleman, the penalty shall be imposed inits maximum period.

2. The penalty of arresto mayor and a fine notexceeding 500 pesos, if the threat shall nothave been made subject to a condition.

__________________________________

Peralta:Grave Threat - bodily harm/property/person/honor

What is punished is the threat employed.papatayin kita is grave threat.but if you say i will kiss you ? That may fall under Art

285.

Supposing i tell you to give me your moneytomorrow or else i will kill you!there is a threat of bodily harm, killing is a crime,there is a future condition. no need to fulfill thecondition. Grave Threat.

Supposing i say give me money now or i"ll kill you!Difference : there is no more condition. the threat isimmediate. this is a crime of robbery. the threatemployed is an element of robbery, with violence/

intimidation.

So tomorrow, let's say, the time now comes for thefulfillment of the condition. Nagkita kami. Walaakong kuwarta . "Give me your money." Wala akongkuwarta. Kahit ano, gagawin ko. So, if he does notgive me the money, you are liable for a crime ofgrave threat because the threat was employed theday before. So, let's say, "Give me moneytomorrow or else I will kill you." Is it not that the daybefore there is already a grave threat? So that if itis tomorrow now, whether they have money or not,there is already a consummated crime of grave

threat. There is no need for you to fulfill thatcondition because the law says even fulfilled or not.

Now, if the money is there, you give the money,that is still grave threat. That is not a crime ofrobbery because the giving of the money is notimmediate. So, "Give me your money or else I willkill you," and then you give now the money. What isthe crime? Is that grave threat? No, that will now bea crime of robbery because the threat that youemployed now is the element of robbery withviolence or intimidation. So, now it becomes a

crime of robbery.__________________________________

Art. 283. Light threats. — Any threat to

commit a wrong not constituting a crime,made in the manner expressed in subdivision1 of the next preceding article, shall bepunished by arresto mayor._____________________________________

Now, if the threat, however, does not constitute acrime, then it may be Article 283. There is ademand for money, that is the meaning of lightthreat, or even 285 under Paragraph (c), any formof threat.





Peralta:Writer in publication. give me money or else illexpose your wrong doings as a public official? orelse i will publish your criminal acts?

the threats do not constitute a crime. this is a crime

of light threats under 283

although in art 356, this may be punished as acrime of blackmail .283 - element is a future condition. but let"s saythere was no demand for money? then crime wouldbe par c of 285. it is not subject to a condition._____________________________________

Art. 284. Bond for good behavior. — Inall cases falling within the two next precedingarticles, the person making the threats may

also be required to give bail not to molest theperson threatened, or if he shall fail to givesuch bail, he shall be sentenced to destierro.

Art. 285. Other light threats. — Thepenalty of arresto menor in its minimum periodor a fine not exceeding 200 pesos shall beimposed upon:

1. Any person who, without being included inthe provisions of the next preceding article,

shall threaten another with a weapon ordraw such weapon in a quarrel, unless it bein lawful self-defense.

2. Any person who, in the heat of anger , shallorally threaten another with some harm notconstituting a crime, and who by subsequentacts show that he did not persist in the ideainvolved in his threat, provided that thecircumstances of the offense shall not bring itwithin the provisions of Article 282 of thisCode.

3. Any person who shall orally threaten to doanother any harm not constituting a felony.

Art. 286. Grave coercions. — The penaltyof arresto mayor and a fine not exceeding 500pesos shall be imposed upon any person who,without authority of law, shall, by means ofviolence, prevent another from doingsomething not prohibited by law, or compelhim to do something against his will, whether it

be right or wrong.

If the coercion be committed for the purpose ofcompelling another to perform any religious actor to prevent him from so doing, the penaltynext higher in degree shall be imposed._____________________________________

So, let's go to grave coercion. Medyo mabigat ang grave coercion. Bakit mabigat? Sometimes, gravecoercion is actually taking the law into your ownhands when there is a legal remedy. 'Yan angunang isipin niyo sa grave coercion. One of theforms of grave coercion is taking the law into yourown hands when there is a proper remedy.

Example, somebody is renting your apartment andhe does not want to pay. What is your remedy?Apartment dweller. You"re the owner of theapartment. He is not paying. What are yousupposed to do? 'Di ba File a complaint for unlawful

detainer? That's your remedy. But supposing, inorder to require him to pay or in order that he canget out from the premises, you cut off the waterline, you cut off the electricity. That's a crime ofgrave coercion. That is taking to your own handswhen there is a proper remedy. Or somebody isindebted to you, then you force him or you forceher to pay. That is, likewise, grave coercion.

The other form of grave coercion is you forcesomebody to do something against his will. In orderwords, like a woman, the woman does not like you.

You forced her to go with you. That's gravecoercion. There is violence, which is different fromgrave threat. In grave threat, what is punished isthe threat. When you threaten somebody else, thenit becomes grave threat or light threat. When it isgrave coercion, the threat may be the element ofthe coercion. So, if I threaten you and the purposeis to force you to do something against his will, thenit becomes grave coercion because the threat isnow utilized. It is now the element of the gravecoercion._____________________________________

Art. 287. Light coercions. — Any personwho, by means of violence, shall seizeanything belonging to his debtor for thepurpose of applying the same to the paymentof the debt, shall suffer the penalty of arrestomayor in its minimum period and a fineequivalent to the value of the thing, but in nocase less than 75 pesos.

Any other coercions or unjust vexations shallbe punished by arresto menor or a fine ranging

from 5 pesos to 200 pesos, or both.__________________________________





Unjust vexation as a form of light coercion -causing annoyance or vexing the senses of theoffended party short of injury. merely pangiinis.peeping tom. kissing a woman without lewd design.basta wag lang may injury.

In slander by deed, punished in Art 359(?) slappingsomebody in the face in the presence of otherpersons, but if no one saw the slapping, it is notslander by deed because you cannot besmirch hisreputation. If the person is injured , even if for ashort time, it may become a crime of ill treatment,but if no injury and no one saw the act, then unjustvexation.

But supposing a woman is being followedpersistently , what is the crime committed? there isnow a crime of STALKING. under VAWC.

In Art 132 offensive to religious feeling... same asunjust vexation but only peculiar to religiousfeelings

__________________________________

Art. 288. Other similar coercions;(Compulsory purchase of merchandiseand payment of wages by means oftokens.) — The penalty of arresto mayor or afine ranging from 200 to 500 pesos, or both,shall be imposed upon any person, agent orofficer, of any association or corporation whoshall force or compel, directly or indirectly, orshall knowingly permit any laborer oremployee employed by him or by such firm orcorporation to be forced or compelled, topurchase merchandise or commodities of anykind.

The same penalties shall be imposed uponany person who shall pay the wages due alaborer or employee employed by him, by

means of tokens or objects other than the legaltender currency of the laborer or employee.

Art. 289. Formation, maintenance andprohibition of combination of capital orlabor through violence or threats. —The penalty of arresto mayor and a fine notexceeding 300 pesos shall be imposed uponany person who, for the purpose of organizing,maintaining or preventing coalitions or capitalor labor, strike of laborers or lock-out of

employees, shall employ violence or threats insuch a degree as to compel or force thelaborers or employers in the free and legal

exercise of their industry or work, if the actshall not constitute a more serious offense inaccordance with the provisions of this Code.

Chapter ThreeDISCOVERY AND REVELATION OF

SECRETS

Art. 290. Discovering secrets throughseizure of correspondence._____________________________________

Private person who seizes correspondence ofanother.

Higher penalty if he REVEALS such secrets.

Not applicable to

1. parents,2. guardians, or persons entrusted with the custody

of minors with respect to the papers or letters ofthe children or minors placed under their care orstudy, nor to

3. spouses with respect to the papers or letters ofeither of them.

_____________________________________

Art. 291. Revealing secrets with abuseof office. — The penalty of arresto mayorand a fine not exceeding 500 pesos shall be

imposed upon any manager, employee, orservant who, in such capacity, shall learn thesecrets of his principal or master and shallreveal such secrets. (Learn AND reveal)

Art. 292. Revelation of industrialsecrets. — The penalty of prisioncorreccional in its minimum and mediumperiods and a fine not exceeding 500 pesosshall be imposed upon the person in charge,employee or workman of any manufacturing or

industrial establishment who, to the prejudiceof the owner thereof, shall reveal the secrets ofthe industry of the latter.

Title TenCRIMES AGAINST PROPERTYChapter OneROBBERY IN GENERAL

Art. 293. Who are guilty of robbery. —Any person who, with intent to gain, shall take

any personal property belonging to another, bymeans of violence or intimidation of any





crime of robbery with attempted or frustratedhomicide. No crime of attempted or frustratedmurder. If the victim does not die, thendenominate the crime as robbery withserious physical injuries if the injuries areserious. But if the injuries are only lessserious, or slight physical injuries, then

denominate the crime as simple robbery.Walang robbery with slight physical injuries.Walang robbery with less serious physicalinjuries. Less or slight physical injuries arecovered by Paragraph 5 of Article 294. Thatis simple robbery.

Okay, then intentional mutilation, of course youknow what is intentional mutilation. If on theoccasion of robbery, he is intentionally mutilatedor arson, so only one crime. So, robbery withhomicide, if all of these crimes take place on the

occasion of robbery, that is only one crime, asingle indivisible crime.

2. robbery with serious physical injuries - where thevictim ends up blind/imbecile

_____________________________________

Art. 295. Robbery with physical injuries,committed in an uninhabited place andby a band, or with the use of firearm ona street, road or alley. — If the offensesmentioned in Art 294 (3)(4)(5) shall have been

committed1. in an uninhabited place or2. by a band, or3. by attacking a moving train, street car,

motor vehicle or airship, or4. by entering the passenger's compartments

in a train or,5. in any manner, taking the passengers

thereof by surprise in the respectiveconveyances, or on a street, road, highway,or alley, and the intimidation is made with

the use of a firearm,

the offender shall be punished by themaximum period of the proper penalties.

In the same cases, the penalty next higher indegree shall be imposed upon the leader ofthe band.

Art. 296. Definition of a band andpenalty incurred by the membersthereof. — When more than three armedmalefactors take part in the commission of arobbery, it shall be deemed to have been

committed by a band.

When any of the arms used in the commissionof the offense be an unlicensed firearm, thepenalty to be imposed upon all the malefactorsshall be the maximum of the correspondingpenalty provided by law, without prejudice ofthe criminal liability for illegal possession ofsuch unlicensed firearms.

Any member of a band who is present at thecommission of a robbery by the band, shall bepunished as principal of any of the assaultscommitted by the band, unless it be shownthat he attempted to prevent the same._____________________________________

ROBBERY WITH VIOLENCE

What do you mean by robbery with violence? So,there are two kinds of robbery. One is robbery withviolence. The other one is robbery with force uponthings. When the robbery is directed against aperson, you want to deprive the possession or theproperty of another person, and then you useviolence, that is robbery. That is the meaning ofrobbery with violence. "Give me your money or elseI will kill you!" That is robbery with violence.

ROBBERY WITH FORCE UPON THINGS

But when the subject matter of the asportationpertains to inhabited or uninhabited houses,therefore, you enter the house and then rob thehouse. Then, the crime is robbery with force uponthings.

Art 295-296

Four armed men seriously injured somebody onaccount of robbery:294(1)(2) BAND is considered as an ordinaryaggravating, ROBBERY WITH VIOLENCE/ ATTENDED BY SERIOUS PHYSICAL INJURIESaggravated by a BAND

294(3)(4)(5) other forms of physical injuries, ifcommitted by a band, ROBBERY WITH/IN BAND

EXPLANATIONif the robbery with serious physical injuries fallsunder paragraphs 3, 4 or 5 of 294 then the crime isrobbery in band. The band there is used in thedenomination of the crime because it is committedby a band. Robbery in band. Now, if however, therobbery with serious physical injuries falls underparagraph 2 of 294, he became blind and becameinsane, became imbecile, ano ha, committed by

four armed men, then denominate the crime asrobbery with serious physical injuries. The band is





merely an aggravating circumstance. That is theinterpretation. Kung ang robbery mo eh 3, 4, 5,committed by a band, they you denominate thecrime as robbery in band. But if your robbery fallsunder paragraph 1 and 2 of Article 294, thendenominate the crime as robbery with seriousphysical injuries aggravated by a band. Not robbery

in band. It"s not covered by 295 and 296

_____________________________________

Art. 297. Attempted and frustratedrobbery committed under certaincircumstances. — When by reason or onoccasion of an attempted or frustratedrobbery a homicide is committed, theperson guilty of such offenses shall bepunished by reclusion temporal in its maximumperiod to reclusion perpetua, unless the

homicide committed shall deserve a higherpenalty under the provisions of this Code.

__________________________________

If victim dies, robbery not consummated, this isAttempted/frustrated robbery with homicide.General rule is that there is no treachery in crimesagainst property.

BUT in people v. ESCOTE if the victim was killedtreacherously, ROBBERY WITH HOMICIDE, butbecause killing was aggravated by treachery, then

you consider it as an aggravating circumstance.CRUELTY can also be appreciated if it attended thehomicide on account of robbery._____________________________________

Art. 298. Execution or delivery of deedsby means of violence or intimidation.

Section Two. — Robbery by the use offorce upon things

Art. 299. Robbery in an inhabited houseor public building or edifice devoted toworship. — Any armed person who shallcommit robbery in an inhabited house orpublic building or edifice devoted toreligious worship, shall be punished byreclusion temporal, if the value of the propertytaken shall exceed 250 pesos, and if:

(a) The malefactors shall enter the house orbuilding in which the robbery was committed,by any of the following means:

1. Through a opening not intended forentrance or egress.

2. By breaking any wall, roof, or floor orbreaking any door or window.3. By using false keys, picklocks or similartools.4. By using any fictitious name or pretendingthe exercise of public authority.

Or if —(b) The robbery be committed under any of thefollowing circumstances:

1. By the breaking of doors, wardrobes,chests, or any other kind of locked or sealed furniture or receptacle;

2. By taking such furniture or objects to bebroken or forced open outside the place of therobbery.

When the offenders do not carry arms, and thevalue of the property taken exceeds 250pesos, the penalty next lower in degree shallbe imposed.The same rule shall be applied when theoffenders are armed, but the value of theproperty taken does not exceed 250 pesos.

When said offenders do not carry arms andthe value of the property taken does not

exceed 250 pesos, they shall suffer thepenalty prescribed in the two next precedingparagraphs, in its minimum period.

If the robbery be committed in one of thedependencies of an inhabited house, publicbuilding, or building dedicated to religiousworship, the penalties next lower in degreethan those prescribed in this article shall beimposed.

__________________________________1) The first one – madali lang naman intindihin

yan. Bakit kamo? Eh kasi when we speak of forceupon things, then the subject matter is a house, orpublic or a private building. But it becomes arobbery with force upon things because there is anunlawful entry. Unlawful entry. In other words, youenter the premises. So, in other words, when youenter the premises, as long as there is an unlawfulentry regardless of the manner of the unlawfultaking, that is always robbery.

Example: There are how many ways – I think thereare…

a) When you enter by breaking a wall, or a roof, ora window. You enter. Kumuha ka ng nasa mesa .





Let say, you broke open the window, even if thevaluable was on the top of the table, robbery 'yanbecause what makes it a crime of robbery withforce upon things is the unlawful entry. 'Yun angfirst mode of committing a crime. So, you brokeopen a window kahit na hindi ka – ano ang kukuninmo dun, robbery with force upon things yan

because what makes it a robbery with force uponthings under the first group or manners ofcommitting the crime is the entry. The entry isunlawful.

b) Or you enter a window there is no force, but youare entering an opening which is not intended forentry or exit. Because if you enter an opening notintended for entry or exit, that is unlawful entry.'Yung window – para saan ba ang window? Di bapara sa hangin. Hindi naman daanan ng tao 'yaneh. So, kung hindi daanan ng tao 'yan, tapos

pumasok ka. Kinuha mo yung nakalagay sa table yung kwarta, robbery pa rin 'yun because the entryis unlawful.

c) Or by using any fictitious name or pretendingthe exercise of public authority. Kumatok ka sabi,"Hoy, pulis ako." Naniwala. Pinapasok mo , unlawfulentry 'yun. Regardless of the taking that takesplace the manner of taking the place like inside thehouse that is robbery with force upon things. 'Yun ang the manner of committing the crime.

d) And the other is the use of a picklock, false key.

Nabuksan mo then you enter. You take somethinginside the house even you did not break openanything that is also robbery with force upon things.

2) Now the second mode – there is an entry. So,what the law provides in 299 is the entry now islawful. It does not fall under unlawful entry. Andwhat is it?

You enter an opening intended for entry or exit.Nakabukas 'yung pintuan. Di ba pasukan ng tao'yan? Pumasok ka sa loob ng pintuan. Therefore,

there is no unlawful entry because it is an openingintended for entry or exit. Somebody did notprohibit you from entering. Nakapasok ka eh.Nakabukas eh. Now, the valuable at the top of thetable, you took that valuable on the top of the table.Is that robbery with force upon things? That cannotbe robbery with force upon things. Why? Becausethe entry is lawful. There is no unlawful entry. Thereis no breaking. But it will still become robbery withforce upon things if after entering when the entry isnot unlawful you break open the receptacle, orcabinets, so the watch is inside the cabinet.

Pumasok ka. Binasag mo 'yung cabinet, kinuha mo'yung valuables that is still robbery with force uponthings even if the entry is not unlawful. Or pamasokka , the entry is not unlawful and then you brought

out the cabinet. Nilabas mo sa labas ng bahay. Paglabas mo sa labas ng bahay break open mo 'yung cabinet. It is still robbery with force upon things.

Art. 300. Robbery under Art 299 in anuninhabited place and by a band,

penalty MAX

Art. 301. What is an inhabited house,public building or building dedicated toreligious worship and theirdependencies. —

Inhabited house means any shelter, ship orvessel constituting the dwelling of one or morepersons, even though the inhabitants thereofshall temporarily be absent therefrom whenthe robbery is committed.

All interior courts, corrals, waterhouses,granaries, barns, coach-houses, stables orother departments or inclosed placescontiguous to the building or edifice, having aninterior entrance connected therewith, andwhich form part of the whole, shall be deemeddependencies of an inhabited house, publicbuilding or building dedicated to religiousworship.

Orchards and other lands used for cultivationor production are not included in the terms ofthe next preceding paragraph, even if closed,contiguous to the building and having directconnection therewith.

The term "public building" includes everybuilding owned by the Government orbelonging to a private person not includedused or rented by the Government, althoughtemporarily unoccupied by the same.

Art. 302. Robbery in an uninhabitedplace or in a private building. — Anyrobbery committed in an uninhabited place orin a building other than those mentioned in thefirst paragraph of Article 299, if the value of theproperty taken exceeds 250 pesos, shall bepunished by prision correccional if any of thefollowing circumstances is present:

1. If the entrance has been effected throughany opening not intended for entrance oregress.2. If any wall, roof, flour or outside door orwindow has been broken.





3. If the entrance has been effected throughthe use of false keys, picklocks or other similartools.4. If any dorm, wardrobe, chest or by sealed orclosed furniture or receptacle has beenbroken.5. If any closed or sealed receptacle, asmentioned in the preceding paragraph, hasbeen removed even if the same to brokenopen elsewhere.

When the value of the property takes does notexceed 250 pesos, the penalty next lower indegree shall be imposed.

In the cases specified in Articles 294, 295,297, 299, 300, and 302 of this Code, when theproperty taken is mail matter or large cattle,

the offender shall suffer the penalties nexthigher in degree than those provided in saidarticles.

__________________________________

Pag kotse, pumasok ka sa loob ng kotse walangroberry 'yan , theft lang' yan. Pumasok ka sainhabited or uninhabited even if you used force, there is no robbery. Robbery with force upon thingsonly applies to inhabited or uninhabited places,public or private buildings. Ngunit kung squattersarea, robbery pa rin 'yun because the law does not

say, "The house will be big or small," basta sinabinatin , inhabited or uninhabited."

__________________________________

Art. 303. Robbery of cereals, fruits, orfirewood in an inhabited house orpublic building or edifice devoted toworship or an uninhabited place orprivate building, penalty next lower indegree.__________________________________

Robbery with force upon thingsWhen the subject matter of the asportation pertainsto inhabited or uninhabited houses, therefore, youenter the house and then rob the house. Then, thecrime is robbery with force upon things.

But the subject matter of robbery with force uponthings, dalawa lang :1) Inhabited, which is Article 299.2) The other one is uninhabited, which is Article

302.

Example,kotse mo, nandyan sa parking . Somebodybroke the window in order to enter the car and then

valuables were taken from inside the car. The entrywas done through the breaking of a door or awindow, the crime cannot be robbery even if thereis force. Why? Because the car is not anuninhabited or inhabited place, that's what I mean.So, only the uninhabited or inhabited places maybe the subject matter of robbery with force upon

things.

Art 302 : same as Art 299; although, you cannotuse simulating of public authority kasi wala ngangtao.

__________________________________

Art. 304. Possession of picklocks orsimilar tools. — Any person who shallwithout lawful cause have in his possessionpicklocks or similar tools especially adopted tothe commission of the crime of robbery, shallbe punished by arresto mayor in its maximumperiod to prision correccional in its minimumperiod.The same penalty shall be imposed upon anyperson who shall make such tools. Thisincludes locksmiths.

Art. 305. False keys. — The term "falsekeys" shall be deemed to include:

1. The tools mentioned in the next preceding

articles.2. Genuine keys stolen from the owner.3. Any keys other than those intended by theowner for use in the lock forcibly opened bythe offender.

Chapter TwoBRIGANDAGE

Art. 306. Who are brigands; Penalty. —When a band of robbers for the purpose of

1. committing robbery in the highway, or2. kidnapping persons for the purpose of

extortion or to obtain ransom or3. for any other purpose to be attained by

means of force and violence, they shall bedeemed highway robbers or brigands.

If any of the arms carried by any of saidpersons be an unlicensed firearms, it shall bepresumed that said persons are highwayrobbers or brigands, and in case of convictions

the penalty shall be imposed in the maximumperiod.





_____________________________________

Where there are only three armed men for thepurpose of those in 306, then does not fall under306. They will be liable for illegal assembly. armedmen for the purpose of committing a violation of apenal law.

The mere formation of at least four armed men forthe purpose of extorting ransom or for the purposeof committing highway robbery, then that becomesa consummated crime. If, however, the four armedmen actually committed highway robbery, then theywill now be liable for a crime of highway robbery, nolonger liable under Article 306. What is punished in306 is that before the highway robbery, there arefour armed men formed for the purpose ofcommitting any of those crimes mentioned in Article306. That is already a consummated crime under Article 306.

if asportation by a band is committed in thehighway, is that highway robbery? is may be underPD 532.

In the case of people v. puno et al, SC made adistinction in PD 532 and ART 306

HIGHWAY ROBBERYThree essential requirements1. the asportation should take place in the highway2. the victim is not a predetermined victim3. should not be an isolated one. it should happen

indiscriminately.kidnapping - purpose is to deprive libertyhighway robbery

If only one robbery, then simple robbery only.

Supposing it happens in a bus with 10 passengers.everyone is robbed.Is that hiway robbery or simple robbery?conflicting jurisprudence. More accepted view, onecrime of robbery under the principle of continuadodelicto .

_____________________________________

Art. 307. Aiding and abetting a band ofbrigands. —_____________________________________

1. Any person knowingly and in any manner aiding,abetting or protecting a band of brigands oracquiring

2. or receiving the property taken by such brigands

It shall be presumed that the person performing

any of the acts provided in this article hasperformed them knowingly, unless the contrary isproven.

_____________________________________

Chapter ThreeTHEFT

Art. 308. Who are liable for theft. — Theft

is committed by any person who, with intent togain but without violence against orintimidation of persons nor force upon things,shall take personal property of another withoutthe latter's consent.

Theft is likewise committed by:1. Any person who, having found lost property,shall fail to deliver the same to the localauthorities or to its owner;2. Any person who, after having maliciouslydamaged the property of another, shall removeor make use of the fruits or object of thedamage caused by him; and3. Any person who shall enter an inclosedestate or a field where trespass is forbidden orwhich belongs to another and without theconsent of its owner, shall hunt or fish uponthe same or shall gather cereals, or otherforest or farm products.

Art. 309. Penalties. — Any person guilty oftheft shall be punished by:

1. The penalty of prision mayor in its minimumand medium periods, if the value of the thingstolen is more than 12,000 pesos but does notexceed 22,000 pesos, but if the value of thething stolen exceeds the latter amount thepenalty shall be the maximum period of theone prescribed in this paragraph, and one yearfor each additional ten thousand pesos, but thetotal of the penalty which may be imposedshall not exceed twenty years. In such cases,and in connection with the accessory penalties

which may be imposed and for the purpose ofthe other provisions of this Code, the penaltyshall be termed prision mayor or reclusiontemporal, as the case may be.2. The penalty of prision correccional in itsmedium and maximum periods, if the value ofthe thing stolen is more than 6,000 pesos butdoes not exceed 12,000 pesos.3. The penalty of prision correccional in itsminimum and medium periods, if the value ofthe property stolen is more than 200 pesos butdoes not exceed 6,000 pesos.

4. Arresto mayor in its medium period toprision correccional in its minimum period, if





the value of the property stolen is over 50pesos but does not exceed 200 pesos.5. Arresto mayor to its full extent, if such valueis over 5 pesos but does not exceed 50 pesos.6. Arresto mayor in its minimum and mediumperiods, if such value does not exceed 5pesos.7. Arresto menor or a fine not exceeding 200pesos, if the theft is committed under thecircumstances enumerated in paragraph 3 ofthe next preceding article and the value of thething stolen does not exceed 5 pesos. If suchvalue exceeds said amount, the provision ofany of the five preceding subdivisions shall bemade applicable.8. Arresto menor in its minimum period or afine not exceeding 50 pesos, when the valueof the thing stolen is not over 5 pesos, and the

offender shall have acted under the impulse ofhunger, poverty, or the difficulty of earning alivelihood for the support of himself or hisfamily.

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there is no more frustrated theft.

entering an enclosed estate, other forms oftrespass.

entering an enclosed estate, you use violence, then

you claim, usurpation.entering an enclosed estate then you startharvesting farm products/fish (as long as it doesn"tfall under Art 310.)

INCREMENTAL PENALTYSo, if you are asked “What is an incrementalpenalty?” in your bar exams, then they are referringto a penalty of estafa and the penalty of theft.Because the penalty sometimes will depend on thevalue of the thing stolen in theft and the damagecaused in the crime of estafa.

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Art. 310. Qualified theft. — The crime oftheft shall be punished by the penalties nexthigher by two degrees than those respectivelyspecified in the next preceding article, ifcommitted by a1. domestic servant, or2. with grave abuse of confidence, or3. if the property stolen is motor vehicle,4. mail matter or5. large cattle or

6. consists of coconuts taken from thepremises of the plantation or

7. fish taken from a fishpond or fishery, or

8. if property is taken on the occasion of fire,earthquake, typhoon, volcanic erruption, orany other calamity, vehicular accident orcivil disturbance. (As amended by R.A. 120and B.P. Blg. 71. May 1, 1980).

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Grave abuse of confidence refers to other peopleand not to the domestic servant.

What if helper has access to cabinets, And thenwhen you came home, she is no longer there and,therefore, ran away your personal belongings, yunang qualified theft. Because you allowed her tohave access to your personal belongings. But thatis not grave abuse of confidence. It is merely abuseof confidence. So, therefore, if it is a domesticservant, there must be some sort of abuse ofconfidence. Not just because she is a domesticservant qualified theft na yan. Hindi.

what if teller receives deposits from a depositr, atthe end of day she did not turn over. she is liablefor Qualified theft.

Now, the other thing is that when the subject matterof the theft is mail matters, then that's qualifiedtheft. Nagnakaw ka ng sulat , that's qualified theft.Or if the subject, when it is cattle, it is no longer aqualified theft. What is the crime committed? Cattlerustling under PD 533, but under cattle rustling, it isnot merely the unlawful taking of a member of thebovine family. It also includes butchering of a

member of the bovine family without the consent ofthe owner. So, PD 533 does not only coverunlawful taking. It also covers killing of a member ofthe bovine family without the consent of the owner.Baka akala niyo yung PD 533 nagnakaw lang eh.Pag kinatay mo yung baka walang alam yung may-ari eh, yan. So, you have to get the consent beforeyou slaughter a carabao or a cow. Okay.

what if subject of asportation is a motorvehicle? is itcarnapping

Carnapping

1. taking is attended with violence threat orintimidation

2. in any other unlawful means. (lack of consent onthe part of the owner)

but supposing you went to have the car repaired,and the you will redeem your car after one month.you go back, the owner ran away with your vehicle.it cannot be carnapping because taking was notunlawful at the very beginning. could that beestafa? when you speak of estafa, there must bephysical possession and juridical possession, while

in theft, only physical possession. when do you saythere"s juridical possession. TEST: can he put up a





defense of ownership or lawful possessor? That isthe meaning of juridical possession.

people v. santos : the SC said that was QualifiedTheft. The owner cannot claim

the driver who steals the car, there is no juridical

possession. driver cannot put up defense of lawfulpossessor.. so no estafa.

the taking of the vehicle must be unlawful from thebeginning. so in car repair : QUALIFIED THEFT OFA MOTORVEHICLE.

in the occasion of carnapping and a person iskilled, it becomes a special complex crime. thecrime should be denominated as qualifiedcarnapping. people v. mejia. carnapping in itsaggravated form. RA 6539. But if it is qualified theft,

law does not recognize the killing, then youcomplex the crime under Art 48. Supposing in acarnapping three died, regardless o the death, thenit is just qualified carnapping, because it is aspecial complex crime.

S: Sir, what if a motor vehicle was taken. Thetaking was lawful from the beginning and so it is acrime of qualified theft. But then someone waskilled later on. What is the crime?

P: That's a good question. Kasi yan when it is aqualified theft of a motor vehicle under Article 310and then supposing on the occasion – so the driverran away the vehicle. If two days or three daysafter, policemen ran after him, and then as a result,there was a fire fight, one of the policemen waskilled. So, on the occasion of qualified theft, apoliceman was killed. So, how will you denominatethe crime?

Now, you could denominate the crime as qualifiedtheft? Okay, so that's a good question. Kasi if it iscarnapping - if on the occasion of carnapping,somebody is killed then it becomes specialcomplex crime because under 6539, it recognizesthe killing as a crime that really committed on the

occasion of carnapping. But if it is a qualified theft,the law does not recognize a crime of killing on theoccasion of qualified theft eh. So, if therefore,somebody dies on the occasion of the qualifiedtheft, then you can still complex the crime asqualified theft with murder or qualified theft withhomicide, but no longer under the principle of aspecial complex crime. It will be under the principleof Article 48 as a complex crime

Ang maganda roon kung tatlo ang namatay .Suppossing in a carnapping, three died. How willyou denominate the crime? Regardless of the

death because that is a special complex crime, youalways denominate the crime as qualifiedcarnapping whether it is done with treachery or not,it is qualified carnapping because that is a special

complex crime. But if it is a qualified theft, if thecrime committed is murder, of course, you canqualify the crime as qualified theft with murderbecause that is a complex crime under Article 48.That's a good question.

Art. 311. Theft of the property of the

National Library and National Museum.— If the property stolen be any property of theNational Library or the National Museum, thepenalty shall be arresto mayor or a fineranging from 200 to 500 pesos, or both, unlessa higher penalty should be provided underother provisions of this Code, in which case,the offender shall be punished by such higher

penalty.

Chapter Four

USURPATION

Art. 312. Occupation of real property orusurpation of real rights in property. —Any person who, by means of violenceagainst or intimidation of persons, shalltake possession of any real property or shallusurp any real rights in property belonging toanother, in addition to the penalty incurredfor the acts of violence executed by him,shall be punished by a fine from 50 to 100 per

centum of the gain which he shall haveobtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained,a fine of from 200 to 500 pesos shall beimposed.

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there is intent to gain. It is actually a crime of land-grabbing.

two-tiered penalty rule. two penalties may be

imposed. the payment of the fine here is fixed. thepenalty of imprisonment is dependent on the extentof violence used. so if violence is grave threat, thenpenalty of grave threat + fine.

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Art. 313. Altering boundaries orlandmarks. — Any person who shall alterthe boundary marks or monuments of towns,provinces, or estates, or any other marksintended to designate the boundaries of thesame, shall be punished by arresto menor or afine not exceeding 100 pesos, or both.





Chapter FiveCULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency. — _____________________________________

Any person who shall abscond with his propertyto the prejudice of his creditors

Making it it appear that you are insolvent to escape.

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Chapter SixSWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Anyperson who shall defraud another by any ofthe means mentioned herein below shall bepunished by:1st. The penalty of prision correccional in itsmaximum period to prision mayor in itsminimum period, if the amount of the fraud isover 12,000 pesos but does not exceed22,000 pesos, and if such amount exceeds thelatter sum, the penalty provided in thisparagraph shall be imposed in its maximumperiod, adding one year for each additional10,000 pesos; but the total penalty which maybe imposed shall not exceed twenty years. In

such cases, and in connection with theaccessory penalties which may be imposedunder the provisions of this Code, the penaltyshall be termed prision mayor or reclusiontemporal, as the case may be.2nd. The penalty of prision correccional in itsminimum and medium periods, if the amountof the fraud is over 6,000 pesos but does notexceed 12,000 pesos;3rd. The penalty of arresto mayor in itsmaximum period to prision correccional in its

minimum period if such amount is over 200pesos but does not exceed 6,000 pesos; and4th. By arresto mayor in its maximum period, ifsuch amount does not exceed 200 pesos,provided that in the four cases mentioned, thefraud be committed by any of the followingmeans:

1. With unfaithfulness or abuse of confidence,namely:

(a) By altering the substance, quantity, orquality or anything of value which theoffender shall deliver by virtue of anobligation to do so, even though suchobligation be based on an immoral orillegal consideration.

(b) By misappropriating or converting, to theprejudice of another, money, goods, or anyother personal property received by theoffender in trust or on commission, or foradministration, or under any otherobligation involving the duty to makedelivery of or to return the same, eventhough such obligation be totally orpartially guaranteed by a bond; or by

denying having received such money,goods, or other property.

(c) By taking undue advantage of thesignature of the offended party in blank,and by writing any document above suchsignature in blank, to the prejudice of theoffended party or of any third person.

2. By means of any of the following falsepretenses or fraudulent acts executed prior toor simultaneously with the commission of the

fraud:

(a) By using fictitious name, or falselypretending to possess power, influence,qualifications, property, credit, agency,business or imaginary transactions, or bymeans of other similar deceits.

(b) By altering the quality, fineness or weightof anything pertaining to his art orbusiness.

(c) By pretending to have bribed anyGovernment employee, without prejudice

to the action for calumny which theoffended party may deem proper to bringagainst the offender. In this case, theoffender shall be punished by themaximum period of the penalty.

(d) By post-dating a check, or issuing a checkin payment of an obligation when theoffender therein were not sufficient to coverthe amount of the check. The failure of thedrawer of the check to deposit the amountnecessary to cover his check within three

(3) days from receipt of notice from thebank and/or the payee or holder that saidcheck has been dishonored for lack of





insufficiency of funds shall be prima facieevidence of deceit constituting falsepretense or fraudulent act.

(e) By obtaining any food, refreshment oraccommodation at a hotel, inn, restaurant,boarding house, lodging house, orapartment house and the like withoutpaying therefor, with intent to defraud theproprietor or manager thereof, or byobtaining credit at hotel, inn, restaurant,boarding house, lodging house, orapartment house by the use of any falsepretense, or by abandoning orsurreptitiously removing any part of hisbaggage from a hotel, inn, restaurant,boarding house, lodging house orapartment house after obtaining credit,food, refreshment or accommodation

therein without paying for his food,refreshment or accommodation.

3. Through any of the following fraudulentmeans:

(a) By inducing another, by means of deceit, tosign any document.

(b) By resorting to some fraudulent practice toinsure success in a gambling game.

(c) By removing, concealing or destroying, in

whole or in part, any court record, officefiles, document or any other papers._____________________________________

DIFFERENCE OF ESTAFA AND THEFT

Taking is always without consent of the owner, butin estafa, the owner actually gives the property sothere is no unlawful taking. the offender receives the property.

Bank teller who receives deposits. that is qualifiedtheft not estafa. The teller receives but does notturn over. it is qualified theft.Meron bang juridicalpossession? Meron bang unlawful taking? it isqualified theft because when the teller receives themoney, it becomes the money of the bank, but theteller does not declare, she ends up unlawfullytaking the money of the bank. The bank did notgive the money to the teller.

Now it would be different if you are an employee/ salesman, your work is to sell the product of youremployer. you"re a softdrinks sales man, in themorning you bring out the products with the

obligation to remit the proceeds and to receive thecommission and return the unsold products and ifyou run away with the money. estafa. there is a

legal duty to deliver.

Is there a juridical tie? yes, he is entitled tocommission. That will be his defense, he is entitledto the money.

Novation of contracts. The agreement of the

parties is abandoned, and a new contract isentered into. so the question is, what is the effect ofnovation? does it extinguish criminal penalty forestafa? Novation is not a ground for extinction ofcriminal penalty.

EXCEPTION, the only estafa that can beextinguished is only in Par 1. not par 2 or 3.because the enumerations there a and b can benovated, because it is a borderline of a civilcontract.

ex. you enter into sale, commission basis. moneywas not remitted. nahuli in misappropriation? Thenyou asked “puwede ba yung reremit hulugan nalang?” and there is an agreement. There is no moreestafa. the first contract is novated.

Estafa1. Abuse of confidence and unfaithfulness

NOT deceit - you repose confidence to anotherand it is abuseda. it is a borderline between a civil and criminal

obligation. Altering substance quality even ifconsideration is illegal

i. contract of sale - civil character. if theagreement is to deliver of 100 bags ofrice and quality is specified. What if isdelivered is NFA rice. The alteration ofthe quality makes it ESTAFA. It is theunfaithfulness or abuse of confidence.

ii. If quantity is altered, that still makes it acrime of estafa

iii. illegal consideration of gamblingiv. selling of shabu.

b. Par 1 (c) signature.2. Misrepresentation, false pretense IS deceit -

PRIOR OR SIMULTANEOUS WITHCOMMISSION OF THE FRAUDThere is panloloko from the very beginning. Thecrime of estafa is that the private offended partycould not have parted if you did not employmisrepresentation or false pretenses.a. Job recruiter. by pretending to have

influence - panloloko. i can bring you to iraqfor employment, but you have to pay certainfees . Only to find out he is not an authorizedrecruiter? he makes it appear that he hasauthority to bring workers. Priorsimultaneous - and that the reaon why shehad parted was because of the





representation that she could be broughtabroad.

b. Art or Business - ito gold ring ito because iwas the one who made it, sweet talking,nabola, and the ring turns out na hindi gold.if it is your own art, then 315(2). the reasonwhy i bought that was because of your

misrepresentation.c. D - postdating of check - zosa owns a

jewelry store. i want to buy a ring for mywife. yes sir, ito 100k. ok i can pay but i didnot bring my cash. i paid in check. issuanceof the check was simultaneous with theparting of the goods.

3. compare with 290(a)a. destruction of court records ESTAFA, all the

rest infidelity in the custody of publicofficers.

b. eating evidence to win, destruction of

evidencecannot complex estafa through falsification ofprivate document

it is either estafa or falsification of privatedocument. same elements.

CREDIT CARDShindi puwedeng commercial document ang creditcard because there is a special law about it. Weagreed that that-hindi pa nga estafa ang sagotnaming dun. We agreed that the crime isunauthorized use of access device, not even

estafa. It is only one crime of unauthorized useof access device. You know what's the penalty?Mataas ang penalty of access device, higher pa ng theft, unauthorized use of, ano? Access device,higher than theft because theft is determined–thepenalty of theft is determined by the value of thething stolen.

Sir, unauthorized use din ba yung duplicated creditcard?

That's also under the special law. That's a crime ifthat will be illegal use or illegal manufacture orillegal production of access devices.

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Art. 316. Other forms of swindling. —The penalty of arresto mayor in its minimumand medium period and a fine of not less thanthe value of the damage caused and not morethan three times such value, shall be imposedupon:1. Any person who, pretending to be owner ofany real property, shall convey, sell, encumberor mortgage the same. 2. Any person, who,

knowing that real property is encumbered,shall dispose of the same, although suchencumbrance be not recorded.

3. The owner of any personal property whoshall wrongfully take it from its lawfulpossessor, to the prejudice of the latter or anythird person.4. Any person who, to the prejudice of another,shall execute any fictitious contract.5. Any person who shall accept anycompensation given him under the belief that itwas in payment of services rendered or laborperformed by him, when in fact he did notactually perform such services or labor.6. Any person who, while being a surety in abond given in a criminal or civil action, withoutexpress authority from the court or before thecancellation of his bond or before beingrelieved 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 suchobligation.

Art. 317. Swindling a minor. — Anyperson who taking advantage of theinexperience or emotions or feelings of aminor, to his detriment, shall induce him toassume any obligation or to give any releaseor execute a transfer of any property right inconsideration of some loan of money, credit orother personal property, whether the loan

clearly appears in the document or is shown inany other form, shall suffer the penalty ofarresto mayor and a fine of a sum rangingfrom 10 to 50 per cent of the value of theobligation contracted by the minor.

Art. 318. Other deceits. — The penalty ofarresto mayor and a fine of not less than theamount of the damage caused and not morethan twice such amount shall be imposed uponany person who shall defraud or damageanother by any other deceit not mentioned inthe preceding articles of this chapter.Any person who, for profit or gain, shallinterpret dreams, make forecasts, tell fortunes,or take advantage of the credulity of the publicin any other similar manner, shall suffer thepenalty of arresto mayor or a fine not

exceeding 200 pesos.





Chapter SevenCHATTEL MORTGAGE

Art. 319. Removal, sale or pledge ofmortgaged property. — The penalty or

arresto mayor or a fine amounting to twice thevalue of the property shall be imposed upon:1. Any person who shall knowingly remove anypersonal property mortgaged under the ChattelMortgage Law to any province or city other than theone in which it was located at the time of theexecution of the mortgage, without the writtenconsent of the mortgagee, or his executors,administrators or assigns. 2. Any mortgagor whoshall sell or pledge personal property alreadypledged, or any part thereof, under the terms of theChattel Mortgage Law, without the consent of themortgagee written on the back of the mortgage andnoted on the record hereof in the office of theRegister of Deeds of the province where suchproperty is located.

Chapter EightARSON AND OTHER CRIMESINVOLVING DESTRUCTIONS

Art. 320. Destructive arson. — Thepenalty of reclusion temporal in itsmaximum period to reclusion perpetuashall be imposed upon any person whoshall burn: • 1. Any arsenal, shipyard,storehouse or military powder or fireworksfactory, ordinance, storehouse, archives or

general museum of the Government. 2.Any passenger train or motor vehicle inmotion or vessel out of port.3. In an inhabited place, any storehouse orfactory of inflammable or explosivematerials.Art. 321. Other forms of arson. — Whenthe arson consists in the burning of otherproperty and under the circumstancesgiven hereunder, the offender shall bepunishable:

• 1. By reclusion temporal orreclusion perpetua:

•

! (a) if the offender shall setfire to any building, farmhouse,warehouse, hut, shelter, or vessel in port,knowing it to be occupied at the time byone or more persons; (b) If the building

burned is a public building and value of thedamage caused exceeds 6,000 pesos;(c) If the building burned is a publicbuilding and the purpose is to destroyevidence kept therein to be used ininstituting prosecution for the punishmentof violators of the law, irrespective of theamount of the damage;chan robles virtuallaw library(d) If the building burned is a publicbuilding and the purpose is to destroyevidence kept therein to be used inlegislative, judicial or administrativeproceedings, irrespective of the amount ofthe damage; Provided, however, That if theevidence destroyed is to be used againstthe defendant for the prosecution of anycrime punishable under existing laws, thepenalty shall be reclusion perpetua;(e) If the arson shall have been committedwith the intention of collecting under an

insurance policy against loss or damageby fire. • 2. By reclusion temporal:

•

! (a) If an inhabited house orany other building in which people areaccustomed to meet is set on fire, and theculprit did not know that such house orbuilding was occupied at the time, or if heshall set fire to a moving freight train ormotor vehicle, and the value of thedamage caused exceeds 6,000 pesos; (b)If the value of the damage caused inparagraph (b) of the preceding subdivisiondoes not exceed 6,000 pesos;(c) If a farm, sugar mill, cane mill, millcentral, bamboo groves or any similarplantation is set on fire and the damagecaused exceeds 6,000 pesos; and(d) If grain fields, pasture lands, or forests,or plantings are set on fire, and the

damage caused exceeds 6,000 pesos. • 3. By prision mayor:

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! (a) If the value of the damagecaused in the case mentioned inparagraphs (a), (c), and (d) in the nextpreceding subdivision does not exceed6,000 pesos; (b) If a building not used as adwelling or place of assembly, located in a

populated place, is set on fire, and thedamage caused exceeds 6,000 pesos; • 4. By prision correccional inits maximum period to prision mayor in itsmedium period:

•

! (a) If a building used asdwelling located in an uninhabited place isset on fire and the damage causedexceeds 1,000 pesos; (b) If the value or

the damage caused in the case mentionedin paragraphs (c) and (d) of subdivision 2of this article does not exceed 200 pesos. • 5. By prision correccional inits medium period to prision mayor in itsminimum period, when the damagecaused is over 200 pesos but does notexceed 1,000 pesos, and the propertyreferred to in paragraph (a) of thepreceding subdivision is set on fire; butwhen the value of such property does not

exceed 200 pesos, the penalty next lowerin degree than that prescribed in thissubdivision shall be imposed. 6. Thepenalty of prision correccional in itsmedium and maximum periods, if thedamage caused in the case mentioned inparagraph (b) of subdivision 3 of thisarticle does not exceed 6,000 pesos but isover 200 pesos.7. The penalty of prision correccional in itsminimum and medium periods, if thedamage caused in the case mentionedparagraph (b) subdivision 3 of this articledoes not exceed 200 pesos.8. The penalty of arresto mayor and a fineranging from fifty to one hundred percentum if the damage caused shall beimposed, when the property burnedconsists of grain fields, pasture lands,forests, or plantations when the value ofsuch property does not exceed 200 pesos.

(As amended by R.A. 5467, approved May12, 1969).

Art. 322. Cases of arson not included inthe preceding articles. — Cases of arsonnot included in the next preceding articlesshall be punished: • 1. By arresto mayor in itsmedium and maximum periods, when the

damage caused does not exceed 50pesos; 2. By arresto mayor in its maximumperiod to prision correccional in itsminimum period, when the damagecaused is over 50 pesos but does notexceed 200 pesos;3. By prision correccional in its minimumand medium periods, if the damagecaused is over 200 pesos but does notexceed 1,000 pesos; and4. By prision correccional in its mediumand maximum periods, if it is over 1,000pesos.Art. 323. Arson of property of small value.— The arson of any uninhabited hut,storehouse, barn, shed, or any otherproperty the value of which does notexceed 25 pesos, committed at a time orunder circumstances which clearly excludeall danger of the fire spreading, shall notbe punished by the penalties respectively

prescribed in this chapter, but inaccordance with the damage caused andunder the provisions of the followingchapter.Art. 324. Crimes involving destruction. —Any person who shall cause destruction bymeans of explosion, discharge of electriccurrent, inundation, sinking or stranding ofa vessel, intentional damaging of theengine of said vessel, taking up the railsfrom a railway track, maliciously changing

railway signals for the safety of movingtrains, destroying telegraph wires andtelegraph posts, or those of any othersystem, and, in general, by using anyother agency or means of destruction aseffective as those above enumerated, shallbe punished by reclusion temporal if thecommission has endangered the safety ofany person, otherwise, the penalty ofprision mayor shall be imposed.Art. 325. Burning one's own property asmeans to commit arson. — Any personguilty of arson or causing great destruction





of the property belonging to another shallsuffer the penalties prescribed in thischapter, even though he shall have set fireto or destroyed his own property for thepurposes of committing the crime.Art. 326. Setting fire to property exclusively

owned by the offender. — If the propertyburned shall be the exclusive property ofthe offender, he shall be punished byarresto mayor in its maximum period toprision correccional in its minimum period,if the arson shall have been committed forthe purpose of defrauding or causingdamage to another, or prejudice shallactually have been caused, or if the thingburned shall have been a building in aninhabited place.Art. 326-A. In cases where death resultedas a consequence of arson. — If deathresulted as a consequence of arsoncommitted on any of the properties andunder any of the circumstances mentionedin the preceding articles, the court shallimpose the death penalty.Art. 326-B. Prima facie evidence of arson.— Any of the following circumstances shallconstitute prima facie evidence of arson:

•

1. If after the fire, are foundmaterials or substances soaked ingasoline, kerosene, petroleum, or otherinflammables, or any mechanical, electricalchemical or traces or any of the foregoing.2. That substantial amount of inflammablesubstance or materials were stored withinthe building not necessary in the course ofthe defendant's business; and3. That the fire started simultaneously inmore than one part of the building or locale

under circumstances that cannot normallybe due to accidental or unintentionalcauses: Provided, however, That at leastone of the following is present in any of thethree above-mentioned circumstances:

! (a) That the total insurancecarried on the building and/or goods ismore than 80 per cent of the value of suchbuilding and/or goods at the time of the

fire; (b) That the defendant after the firehas presented a fraudulent claim for loss.

The penalty of prision correccional shall beimposed on one who plants the articlesabove-mentioned, in order to secure aconviction, or as a means of extortion orcoercion. (As amended by R.A. 5467,approved May 12, 1969).

Chapter NineMALICIOUS MISCHIEF

Art. 327. Who are liable for maliciousmischief. — Any person who shalldeliberately cause the property of anotherany damage not falling within the terms ofthe next preceding chapter shall be guiltyof malicious mischief.Art. 328. Special cases of maliciousmischief. — Any person who shall causedamage to obstruct the performance ofpublic functions, or using any poisonous orcorrosive substance; or spreading anyinfection or contagion among cattle; orwho cause damage to the property of theNational Museum or National Library, or toany archive or registry, waterworks, road,promenade, or any other thing used incommon by the public, shall be punished:

•

1. By prision correccional inits minimum and medium periods, if thevalue of the damage caused exceeds1,000 pesos; 2. By arresto mayor, if suchvalue does not exceed theabovementioned amount but it is over 200pesos; and3. By arresto menor, in such value doesnot exceed 200 pesos.Art. 329. Other mischiefs. — The mischiefsnot included in the next preceding article

shall be punished: • 1. By arresto mayor in itsmedium and maximum periods, if thevalue of the damage caused exceeds1,000 pesos; 2. By arresto mayor in itsminimum and medium periods, if suchvalue is over 200 pesos but does notexceed 1,000 pesos; and3. By arresto menor or fine of not less thanthe value of the damage caused and notmore than 200 pesos, if the amountinvolved does not exceed 200 pesos orcannot be estimated.





Art. 330. Damage and obstruction tomeans of communication. — The penaltyof prision correccional in its medium andmaximum periods shall be imposed uponany person who shall damage any railway,telegraph or telephone lines.

If the damage shall result in anyderailment of cars, collision or otheraccident, the penalty of prision mayor shallbe imposed, without prejudice to thecriminal liability of the offender for theother consequences of his criminal act.For the purpose of the provisions of thearticle, the electric wires, traction cables,signal system and other things pertainingto railways, shall be deemed to constitutean integral part of a railway system.Art. 331. Destroying or damaging statues,public monuments or paintings. — Anyperson who shall destroy or damagestatues or any other useful or ornamentalpublic monument shall suffer the penalty ofarresto mayor in its medium period toprision correccional in its minimum period.Any person who shall destroy or damageany useful or ornamental painting of apublic nature shall suffer the penalty of

arresto menor or a fine not exceeding 200pesos, or both such fine andimprisonment, in the discretion of thecourt.

Chapter TenEXEMPTION FROM CRIMINAL LIABILITYIN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminalliability. — No criminal, but only civil

liability, shall result from the commission ofthe crime of theft, swindling or maliciousmischief committed or caused mutually bythe following persons: • 1. Spouses, ascendants anddescendants, or relatives by affinity in thesame line. 2. The widowed spouse withrespect to the property which belonged tothe deceased spouse before the sameshall have passed into the possession ofanother; and3. Brothers and sisters and brothers-in-lawand sisters-in-law, if living together.

The exemption established by this articleshall not be applicable to strangersparticipating in the commission of thecrime.

Title Eleven

CRIMES AGAINST CHASTITY

Chapter OneADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery. —Adultery is committed by any marriedwoman who shall have sexual intercoursewith a man not her husband and by theman who has carnal knowledge of herknowing her to be married, even if themarriage be subsequently declared void.Adultery shall be punished by prisioncorreccional in its medium and maximumperiods.If the person guilty of adultery committedthis offense while being abandonedwithout justification by the offendedspouse, the penalty next lower in degreethan that provided in the next preceding

paragraph shall be imposed.Art. 334. Concubinage. — Any husbandwho shall keep a mistress in the conjugaldwelling, or shall have sexual intercourse,under scandalous circumstances, with awoman who is not his wife, or shall cohabitwith her in any other place, shall bepunished by prision correccional in itsminimum and medium periods.The concubine shall suffer the penalty ofdestierro.

Chapter TwoRAPE AND ACTS OF LASCIVIOUSNESS

Art. 335. When and how rape iscommitted. — REPEALED

Art. 336. Acts of lasciviousness. — Anyperson who shall commit any act oflasciviousness upon other persons of eithersex, under any of the circumstances

mentioned in the preceding article, shall be





punished by prision correccional.

Chapter ThreeSEDUCTION, CORRUPTION OFMINORSAND WHITE SLAVE TRADE

Art. 337. Qualified seduction. — Theseduction of a virgin over twelve years andunder eighteen years of age, committed byany person in public authority, priest, home-servant, domestic, guardian, teacher, or any

person who, in any capacity, shall beentrusted with the education or custody ofthe woman seduced, shall be punished byprision correccional in its minimum andmedium periods.

The penalty next higher in degree shall beimposed upon any person who shall seducehis sister or descendant, whether or not she bea virgin or over eighteen years of age.Under the provisions of this Chapter, seductionis committed when the offender has carnalknowledge of any of the persons and underthe circumstances described herein.

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Art. 338. Simple seduction. — Theseduction of a woman who is single or a widowof good reputation, over twelve but undereighteen years of age, committed by means ofdeceit, shall be punished by arresto mayor.

Art. 339. Acts of lasciviousness with theconsent of the offended party. — Thepenalty of arresto mayor shall be imposed topunish any other acts of lasciviousnesscommitted by the same persons and the samecircumstances as those provided in Articles

337 and 338.Art. 340. Corruption of minors. — Anyperson who shall promote or facilitate theprostitution or corruption of persons underageto satisfy the lust of another, shall be punishedby prision mayor, and if the culprit is a pubicofficer or employee, including those ingovernment-owned or controlled corporations,he shall also suffer the penalty of temporaryabsolute disqualification. (As amended byBatas Pambansa Blg. 92).

Art. 341. White slave trade. — The

penalty of prision mayor in its medium andmaximum period shall be imposed upon anyperson who, in any manner, or under any

pretext, shall engage in the business or shallprofit by prostitution or shall enlist the servicesof any other for the purpose of prostitution (As

amended by Batas Pambansa Blg. 186.)

Chapter Four

ABDUCTION

Art. 342. Forcible abduction. — Theabduction of any woman against her willand with lewd designs shall be punishedby reclusion temporal.The same penalty shall be imposed inevery case, if the female abducted beunder twelve years of age.Art. 343. Consented abduction. — Theabduction of a virgin over twelve years and

under eighteen years of age, carried outwith her consent and with lewd designs,shall be punished by the penalty of prisioncorreccional in its minimum and mediumperiods.

Chapter FivePROVISIONS RELATIVE TO THEPRECEDINGCHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes ofadultery, concubinage, seduction,abduction, rape and acts oflasciviousness. — The crimes of adulteryand concubinage shall not be prosecutedexcept upon a complaint filed by theoffended spouse.The offended party cannot institutecriminal prosecution without including boththe guilty parties, if they are both alive, nor,

in any case, if he shall have consented orpardoned the offenders.The offenses of seduction, abduction, rapeor acts of lasciviousness, shall not beprosecuted except upon a complaint filedby the offended party or her parents,grandparents, or guardian, nor, in anycase, if the offender has been expresslypardoned by the above named persons, asthe case may be.In cases of seduction, abduction, acts of

lasciviousness and rape, the marriage ofthe offender with the offended party shall





extinguish the criminal action or remit thepenalty already imposed upon him. Theprovisions of this paragraph shall also beapplicable to the co-principals,accomplices and accessories after the factof the above-mentioned crimes.

Art. 345. Civil liability of persons guilty ofcrimes against chastity. — Person guilty ofrape, seduction or abduction, shall also besentenced: • 1. To indemnify the offendedwoman. 2. To acknowledge the offspring,unless the law should prevent him from sodoing.3. In every case to support the offspring.The adulterer and the concubine in thecase provided for in Articles 333 and 334may also be sentenced, in the sameproceeding or in a separate civilproceeding, to indemnify for damagescaused to the offended spouse.Art. 346. Liability of ascendants,guardians, teachers, or other personsentrusted with the custody of the offendedparty. — The ascendants, guardians,curators, teachers and any person who, byabuse of authority or confidential

relationships, shall cooperate asaccomplices in the perpetration of thecrimes embraced in chapters, second,third and fourth, of this title, shall bepunished as principals.chan robles virtuallaw libraryTeachers or other persons in any othercapacity entrusted with the education andguidance of youth, shall also suffer thepenalty of temporary specialdisqualification in its maximum period to

perpetual special disqualification.Any person falling within the terms of thisarticle, and any other person guilty ofcorruption of minors for the benefit ofanother, shall be punished by specialdisqualification from filling the office ofguardian.

Title Twelve

CRIMES AGAINST THE CIVIL STATUSOF PERSONS

Chapter oneSIMULATION OF BIRTHS ANDUSURPATION OF CIVIL STATUSArt. 347. Simulation of births, substitutionof one child for another and concealmentor abandonment of a legitimate child. —

The simulation of births and thesubstitution of one child for another shallbe punished by prision mayor and a fine ofnot exceeding 1,000 pesos.The same penalties shall be imposed uponany person who shall conceal or abandonany legitimate child with intent to causesuch child to lose its civil status.Any physician or surgeon or public officerwho, in violation of the duties of hisprofession or office, shall cooperate in theexecution of any of the crimes mentionedin the two next preceding paragraphs,shall suffer the penalties therein prescribedand also the penalty of temporary specialdisqualification.Art. 348. Usurpation of civil status. — Thepenalty of prision mayor shall be imposedupon any person who shall usurp the civilstatus of another, should he do so for thepurpose of defrauding the offended part or

his heirs; otherwise, the penalty of prisioncorreccional in its medium and maximumperiods shall be imposed.

Chapter TwoILLEGAL MARRIAGES

Art. 349. Bigamy. — The penalty of prisionmayor shall be imposed upon any personwho shall contract a second or subsequentmarriage before the former marriage has

been legally dissolved, or before theabsent spouse has been declaredpresumptively dead by means of a judgment rendered in the properproceedings.Art. 350. Marriage contracted againstprovisions of laws. — The penalty ofprision correccional in its medium andmaximum periods shall be imposed uponany person who, without being included inthe provisions of the next proceedingarticle, shall have not been complied with





or that the marriage is in disregard of alegal impediment.If either of the contracting parties shallobtain the consent of the other by meansof violence, intimidation or fraud, he shallbe punished by the maximum period of the

penalty provided in the next precedingparagraph.Art. 351. Premature marriages. — Anywidow who shall marry within threehundred and one day from the date of thedeath of her husband, or before havingdelivered if she shall have been pregnantat the time of his death, shall be punishedby arresto mayor and a fine not exceeding500 pesos.The same penalties shall be imposed uponany woman whose marriage shall havebeen annulled or dissolved, if she shallmarry before her delivery or before theexpiration of the period of three hundredand one day after the legal separation.Art. 352. Performance of illegal marriageceremony. — Priests or ministers of anyreligious denomination or sect, or civilauthorities who shall perform or authorizeany illegal marriage ceremony shall be

punished in accordance with theprovisions of the Marriage Law.

Title Thirteen

CRIMES AGAINST HONOR

Chapter OneLIBEL

Section One. — Definitions, forms, and

punishment of this crime.

Art. 353. Definition of libel. — A libel ispublic and malicious imputation of a crime,or of a vice or defect, real or imaginary, orany act, omission, condition, status, orcircumstance tending to cause thedishonor, discredit, or contempt of anatural or juridical person, or to blackenthe memory of one who is dead.Art. 354. Requirement for publicity. —Every defamatory imputation is presumedto be malicious, even if it be true, if no

good intention and justifiable motive formaking it is shown, except in the followingcases: • 1. A private communicationmade by any person to another in theperformance of any legal, moral or social

duty; and 2. A fair and true report, made ingood faith, without any comments orremarks, of any judicial, legislative or otherofficial proceedings which are not ofconfidential nature, or of any statement,report or speech delivered in saidproceedings, or of any other act performedby public officers in the exercise of theirfunctions.Art. 355. Libel means by writings or similarmeans. — A libel committed by means ofwriting, printing, lithography, engraving,radio, phonograph, painting, theatricalexhibition, cinematographic exhibition, orany similar means, shall be punished byprision correccional in its minimum andmedium periods or a fine ranging from 200to 6,000 pesos, or both, in addition to thecivil action which may be brought by theoffended party.Art. 356. Threatening to publish and offer

to present such publication for acompensation. — The penalty of arrestomayor or a fine from 200 to 2,000 pesos,or both, shall be imposed upon any personwho threatens another to publish a libelconcerning him or the parents, spouse,child, or other members of the family of thelatter or upon anyone who shall offer toprevent the publication of such libel for acompensation or money consideration.Art. 357. Prohibited publication of acts

referred to in the course of officialproceedings. — The penalty of arrestomayor or a fine of from 20 to 2,000 pesos,or both, shall be imposed upon anyreporter, editor or manager or anewspaper, daily or magazine, who shallpublish facts connected with the private lifeof another and offensive to the honor,virtue and reputation of said person, eventhough said publication be made inconnection with or under the pretext that itis necessary in the narration of any judicial





or administrative proceedings whereinsuch facts have been mentioned.Art. 358. Slander. — Oral defamation shallbe punished by arresto mayor in itsmaximum period to prision correccional inits minimum period if it is of a serious and

insulting nature; otherwise the penaltyshall be arresto menor or a fine notexceeding 200 pesos.Art. 359. Slander by deed. — The penaltyof arresto mayor in its maximum period toprision correccional in its minimum periodor a fine ranging from 200 to 1,000 pesosshall be imposed upon any person whoshall perform any act not included andpunished in this title, which shall castdishonor, discredit or contempt uponanother person. If said act is not of aserious nature, the penalty shall be arrestomenor or a fine not exceeding 200 pesos.

Section Two. — General provisions

Art. 360. Persons responsible. — Anyperson who shall publish, exhibit, or causethe publication or exhibition of anydefamation in writing or by similar means,

shall be responsible for the same.The author or editor of a book or pamphlet,or the editor or business manager of adaily newspaper, magazine or serialpublication, shall be responsible for thedefamations contained therein to the sameextent as if he were the author thereof.The criminal and civil action for damagesin cases of written defamations asprovided for in this chapter, shall be filedsimultaneously or separately with the court

of first instance of the province or citywhere the libelous article is printed andfirst published or where any of theoffended parties actually resides at thetime of the commission of the offense:Provided, however, That where one of theoffended parties is a public officer whoseoffice is in the City of Manila at the time ofthe commission of the offense, the actionshall be filed in the Court of First Instanceof the City of Manila, or of the city orprovince where the libelous article isprinted and first published, and in case

such public officer does not hold office inthe City of Manila, the action shall be filedin the Court of First Instance of theprovince or city where he held office at thetime of the commission of the offense orwhere the libelous article is printed and

first published and in case one of theoffended parties is a private individual, theaction shall be filed in the Court of FirstInstance of the province or city where heactually resides at the time of thecommission of the offense or where thelibelous matter is printed and firstpublished: Provided, further, That the civilaction shall be filed in the same courtwhere the criminal action is filed and viceversa: Provided, furthermore, That thecourt where the criminal action or civilaction for damages is first filed, shallacquire jurisdiction to the exclusion ofother courts: And, provided, finally, Thatthis amendment shall not apply to cases ofwritten defamations, the civil and/orcriminal actions which have been filed incourt at the time of the effectivity of thislaw.Preliminary investigation of criminal action

for written defamations as provided for inthe chapter shall be conducted by theprovincial or city fiscal of the province orcity, or by the municipal court of the city orcapital of the province where such actionmay be instituted in accordance with theprovisions of this article.No criminal action for defamation whichconsists in the imputation of a crime whichcannot be prosecuted de oficio shall bebrought except at the instance of and upon

complaint expressly filed by the offendedparty. (As amended by R.A. 1289,approved June 15, 1955, R.A. 4363,approved June 19, 1965).

Art. 361. Proof of the truth. — In everycriminal prosecution for libel, the truth maybe given in evidence to the court and if itappears that the matter charged aslibelous is true, and, moreover, that it waspublished with good motives and for justifiable ends, the defendants shall beacquitted.



http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#Republic%20Act%20No.%204363








Proof of the truth of an imputation of an actor omission not constituting a crime shallnot be admitted, unless the imputationshall have been made againstGovernment employees with respect tofacts related to the discharge of their

official duties.In such cases if the defendant proves thetruth of the imputation made by him, heshall be acquitted.Art. 362. Libelous remarks. — Libelousremarks or comments connected with thematter privileged under the provisions ofArticle 354, if made with malice, shall notexempt the author thereof nor the editor ormanaging editor of a newspaper fromcriminal liability.

Chapter TwoINCRIMINATORY MACHINATIONS

Art. 363. Incriminating innocent person. —Any person who, by any act notconstituting perjury, shall directlyincriminate or impute to an innocentperson the commission of a crime, shall bepunished by arresto menor.

Art. 364. Intriguing against honor. — Thepenalty of arresto menor or fine notexceeding 200 pesos shall be imposed forany intrigue which has for its principalpurpose to blemish the honor or reputationof a person.

Title Fourteen

QUASI-OFFENSES

Sole ChapterCRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence. —Any person who, by reckless imprudence,shall commit any act which, had it beenintentional, would constitute a grave felony,shall suffer the penalty of arresto mayor inits maximum period to prision correccionalin its medium period; if it would haveconstituted a less grave felony, the penaltyof arresto mayor in its minimum andmedium periods shall be imposed; if it

would have constituted a light felony, thepenalty of arresto menor in its maximumperiod shall be imposed.Any person who, by simple imprudence ornegligence, shall commit an act whichwould otherwise constitute a grave felony,

shall suffer the penalty of arresto mayor inits medium and maximum periods; if itwould have constituted a less seriousfelony, the penalty of arresto mayor in itsminimum period shall be imposed.When the execution of the act covered bythis article shall have only resulted indamage to the property of another, theoffender shall be punished by a fineranging from an amount equal to the valueof said damages to three times such value,but which shall in no case be less thantwenty-five pesos.A fine not exceeding two hundred pesosand censure shall be imposed upon anyperson who, by simple imprudence ornegligence, shall cause some wrongwhich, if done maliciously, would haveconstituted a light felony.In the imposition of these penalties, thecourt shall exercise their sound discretion,

without regard to the rules prescribed inArticle sixty-four.The provisions contained in this articleshall not be applicable: • 1. When the penalty providedfor the offense is equal to or lower thanthose provided in the first two paragraphsof this article, in which case the court shallimpose the penalty next lower in degreethan that which should be imposed in theperiod which they may deem proper to

apply. 2. When, by imprudence ornegligence and with violation of theAutomobile Law, to death of a person shallbe caused, in which case the defendantshall be punished by prision correccionalin its medium and maximum periods.Reckless imprudence consists in voluntary,but without malice, doing or falling to do anact from which material damage results byreason of inexcusable lack of precautionon the part of the person performing offailing to perform such act, taking intoconsideration his employment or





occupation, degree of intelligence,physical condition and othercircumstances regarding persons, timeand place.Simple imprudence consists in the lack ofprecaution displayed in those cases in

which the damage impending to be causedis not immediate nor the danger clearlymanifest.The penalty next higher in degree to thoseprovided for in this article shall be imposedupon the offender who fails to lend on thespot to the injured parties such help asmay be in this hand to give. (As amendedby R.A. 1790, approved June 21, 1957).


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