CRIM FINALS Flashcards
(124 cards)
1
Q
What is treason?
A
Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it.
2
Q
What are the elements of treason?
A
- That the offender is a Filipino citizen or an alien residing in the Philippines
- That there is a war in which the Philippines is involved
- That the offender either–
a. levies war against the Government OR
b. adheres to the enemies, giving them aid or comfort.
3
Q
Can treason be committed by a Filipino in Japan?
A
Yes. “within the Philippines or elsewhere.”
4
Q
What if A has a charity in China and gives money to support that but China is in war with the Philippines. Does that account to treason?
A
No. It’s not giving aid to the enemies.
It will depend on what exactly is given to charity that would eventually help bring down his own country that he owes allegiance to.
5
Q
Can resident aliens be convicted of treason?
A
Yes, as amended by E.O. No. 44, a resident alien may be convicted of treason. (People v. Marcaida) Because an alien owes a temporary allegiance to the country where he resides.
6
Q
What is allegiance?
A
The obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive.
7
Q
Can treason be committed in a time of peace?
A
No, it is a war crime.
8
Q
Two ways of committing treason
A
- By levying war against the government
a. that there be an actual assembling of men
b. for the purpose of executing a treasonable design by force - By adhering to the enemies of the Philippines, giving them aid or comfort.
9
Q
U.S. v. Delos Reyes
A
There is no proof whatever that the accused did any other act in connection with this charge than to receive this commission. On the contrary the “ secretary of war “ testified that they did not take up arms because they remained here in Manila.
I am of the opinion that the mere acceptance of the commission by the defendant, nothing else being done, was not an overt act of treason within the meaning of the law. Blackstone says that “ as treason is the highest civil crime which (considered as a member of the community) any man can possibly commit, it ought, therefore, to be the most freely ascertained.”
The state of affairs disclosed by the evidence the playing of the game of government, like children, the secretaries and colonels and captains, the pictures of flags and seals and commissions all on paper, for the purpose of duping and misleading the ignorant and the vicious should not be dignified by the name of treason.
Those engaged in this plotting and scheming in the pretense of establishing an independent government in these Islands, with nothing behind them, without arms or soldiers or money, and without the possibility of success, are simply engaged in deluding themselves and perhaps innocent followers and in filling the cells of Bilibid Prison.
10
Q
Does mere enlistment entail levying war?
A
No. The actual enlistment of men to serve against the government does not amount to levying war, because there is no actual assembling of men.
BUT if a body of men be actually assembled for the purpose of effecting by force a treasonable design, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
11
Q
Is a formal declaration of the existence of a state of war needed for the crime of treason to exist?
A
No. Actual hostilities may determine the date of the commencement of war.
12
Q
Will passiveness entail treason?
A
No. The levying of war must be with the intent to overthrow the government as such, not merely to resist a particular statute or to repel a particular officer.
13
Q
US v. Lagnason
A
It matters not how vain and futile the attempt was and how impossible the accomplishment. It is not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design in whole or in part.
14
Q
Can a person be convicted of treason if, at war, he inflicts an act of hate or revenge upon a person of public officer?
A
No. Those who, during war, rise publicly to inflict an act of hate or revenge upon the persons of public officers do not commit treason by levying war because the public uprising is not directed against the government,
15
Q
Define adherence and aid or comfort.
A
Adherence to enemy means intent to betray.
Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy.
16
Q
Does enlistment to an invader’s army entail treason?
A
Yes. It furnishes the enemy aid in that he could be counted on by the enemy troops and that his kind would be ready to strike at their own people.
- but not applicable to those who accept public office or basically any governmental work because the promotion and preservation of law and order are essential during war to the life of the civilian population. - so includes police and guard duty as well as long as directed for the over-all welfare of society but if it is to favor the alien military like job for policy for military then no.
17
Q
How do you convict a person of treason?
A
The evidence shall be of testimony of two witnesses at least to the same overt act or on confession of the accused in an open court.
18
Q
People v. Manayao
A
The accused cannot divest himself of his Philippine citizenship by the simple expedient of accepting a commission in the military, naval or air service of such country. If the contention of the accused would be sustained, his very crime would be the shield that would protect him from punishment.
19
Q
Witness 1: I saw A talk and deliver guns
Witness 2: I saw A talking to other diplomats who are now in war
Witness 3: I saw A sending food to the enemy troops
Can the person be convicted of treason?
A
No. They are not the same overt acts.
20
Q
A confesses he is guilty of treason to a fiscal. Can he be convicted?
A
No. Confession shall be made in open court during arraignment.
21
Q
What is the penalty for treason and what is the reason for this gravity?
A
Reclusion temporal to death* and shall pay a fine not to exceed 100,000 pesos. Because it threatens the safety of the State.
22
Q
How are the crimes of conspiracy and proposal to commit treason committed?
A
Conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.
Proposal to commit treason is committed when in time of war, a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons.
23
Q
Why is proposal or conspiracy to commit treason punishable as a felony?
A
In treason, the very existence of the state is endangered.
24
Q
Does the two-witness rule apply to conspiracy or proposal to commit treason?
A
No.
25
Elements of misprision of treason
1. That the offender must be owing allegiance to the Government, and not a foreigner.
2. That he has knowledge of any conspiracy (to commit treason) against the Government.
3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.
26
What is the penalty for misprision of treason?
Two degrees lower than that provided for treason as the offender is punishes as an accessory to the crime of treason.
27
Article 19 is inconsistent with Article 116. What prevails?
Article 116 is an exception to the general rule that a person who keeps silent as to what he knows about the perpetration of an offense is not criminally liable, either as a principal, or as an accomplice, or as an accessory.
28
What is espionage?
It is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation.
29
Two ways of committing espionage under Article 117
1. By entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
ELEMENTS:
a) That the offender enters any of the places mentioned therein
b) That he has no authority therefor
c) That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph No. 1 of Article 117, which he had in his possession by reason of the public office he holds.
ELEMENTS:
a) That the offender is a public officer
b) That he has in his possession the articles, data or information referred to in paragraph No. 1 of Article 117, by reason of the public office he holds.
c) That he discloses their contents to a representative of a foreign nation.
30
What acts are punished under Commonwealth Act 616?
Similar acts of espionage not exclusively mentioned in Art. 117.
31
Is espionage a crime of war?
No. It may be committed both in time of peace and in time of war and may be committed in many ways.
32
What are crimes classified as provoking war and disloyalty in case of war?
1. Inciting to war or giving motives for reprisals
2. Violation of neutrality
3. Correspondence with hostile country
4. Fight to enemy's country.
33
A had a talk with a priest and confessed treason. Can the priest be charged with misprision of treason?
No. The sanctity of his duty as a priest to not disclose such information is acknowledged by the State.
34
B and C were sending food and arms to enemy country. A knew but concealed it. Can he be convicted of misprision of treason?
No. Treason is already committed. Under Art. 116, knowledge of the conspiracy lang.
35
What is Article 118?
Inciting to war or giving motives for reprisals.
The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
36
To be guilty under Art. 118, shall there be intent?
No. Intention of the accused is immaterial and is committed in time of peace.
37
What is piracy?
It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.
38
How do you commit piracy?
1. By attacking or seizing a vessel on the high seas or in Philippine waters
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers.
39
Elements of piracy
1. That a vessel is on the high seas or in Philippine waters
2. That the offenders are not members of its complement or passengers of the vessel (vs. PD 532)
3. That the offenders a) attack or seize that vessel or b) seize the whole or part of the cargo of said vessels, its equipment or personal belongings of its complement or passengers.
40
What is mutiny?
It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander.
41
Piracy v. mutiny
Piracy - strangers
Mutiny - members of the crew or passengers
While the intent to gain is essential in the crime of piracy, in mutiny, the offenders may only intend to ignore the ship's officers or they may be prompted by a desire to commit plunder.
42
A and B are passengers of a ship. A threatened B to give him the bag. Should A be liable for piracy?
Under RA 7659 or PD 532, yes.
43
Who has jurisdiction over piracy crimes?
Piracy is a crime not against any particular state but against all mankind. it may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. Nor does it matter that the crime was committed within the jurisdictional three-mile limit of a foreign state.
44
Difference between Art. 122 and PD 532
Art. 122 - piracy committed on the high seas by any person not a member of the ship
RA 7659 - included na Philippine waters
PD 532 - any person na
RA 6235 - for aircrafts
45
What are the crimes against the fundamental laws of the State?
1. Arbitrary detention (124)
2. Delay in the delivery of detained persons to the proper judicial authorities (125)
3. Delaying release (126)
4. Expulsion (127)
5. Violation of domicile (128)
6. Search warrants maliciously obtained and abuse in the service of those legally obtained.
7. Searching domicile without witnesses (130)
8. Prohibition, interruption, and dissolution of peaceful meetings (131)
9. Interruption of religious worship (132)
10. Offending the religious feelings (133)
46
Classes of arbitrary detention
1. Without legal ground (124)
2. Delay in the delivery of detained persons (125)
3. Delaying release (126)
(pwede din through negligence - 365)
47
Penalties under Art. 124 or arbitrary detention?
1. Arresto mayor(max) to prision correccional (min) if detention has not exceeded 3 days
2. Prision correccional (med to max) if detention has continued more than 3 but not more than 15 days
3. Prision mayor if more than 15 days but not more than 6 months
4. Reclusion temporal if exceeding 6 months
48
Who are the offenders under Art. 124?
Public offcers - policemen, other agents of the law, judges, mayors, barangay captain, municipal councilor
49
People v. Camerino
Private individuals who conspired with public officers in detaining certain policemen are guilty of arbitrary detention.
50
When is there detention
When there is an actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty.
51
What are legal grounds for the detention of any person?
1. Commission of a crime
| 2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital.
52
When is a warrantless arrest permitted?
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
a & b - in flagrante delicto and nature of his deed
c - escaping prisoners
53
Padilla v. CA
"Presence" does not only require that the arresting person sees the offense, but also when he "hears the disturbance created thereby and proceeds at once to the scene."
54
Sayo v. Chief of Police
A police officer has no authority to arrest and detain a person charged with an offense upon complaint of the offended party even though, after investigation, he becomes convinced that the accused is guilty of the offense charged.
What the complainant may do in such case is to file a complaint with the city fiscal or directly with the justice of the peace court.
However, Justice Tuason dissents.
55
Elements of the crime of delay in the delivery of detained persons to the proper judicial authorities
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. That he fails to deliver such person to the proper judicial authorities within
a. 12 hrs - for crimes or offenses punishable by light penalties or their equivalent
b. 18 hrs - correctional penalties
c. 36 hrs - afflictive or capital penalties
d. 3 days - terrorism (RA 9372)
*person detained shall be informed of the cause of his detention and shall be allowed, upon his request, to communicate and confer at any time with his attorney or counsel
56
What if the person was arrested with a warrant? Shall the number of hours for such lawful detention be followed?
No. The person can be detained indefinitely until his case is decided by the court or he posts a bail for his temporary release.
57
Shall a person be detained exceeding the allowable hours in the absence of a judge?
No. He must be released already.
58
What are the crimes known as violation of domicile?
1. Violation of domicile by entering a dwelling against the will of the owner thereof or making search without previous consent of the owner (128)
2. Search warrants maliciously obtained and abuse in the service of those legally obtained. (129)
3. Searching domicile without witnesses. (130)
59
Acts punishable under Article 128
1. By entering any dwelling against the will of the owner thereof
2. By searching papers or other effects found therein without the previous consent of such owner
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.
60
People v. Sane
When the detectives secured the previous consent of the owner of the house to the search without a warrant, they are not liable.
61
What crime is committed if there is an unreasonable search against his papers but outside of the dwelling?
Grave coercion, if violence or intimidation is used (286)
| Unjust vexation, if there is no violence or intimidation (287)
62
Acts punishable in connection with search warrants (129)
1. By procuring a search warrant without just cause
| 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured
63
Validity of search warrant
10 days from its date
64
Prohibition, interruption, and dissolution of peaceful meetings
Art. 131 - by public officer
| Art. 153 - private individual
65
What are the acts punished in connection with peaceful meetings, associations, and petitions?
1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same
2. By hindering any person from joining any lawful association or from attending any of its meetings
3. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances
66
What are the crimes against religious worship?
1. Interruption of religious worship (132)
| 2. Offending the religious feelings (133)
67
What are the crimes against public order?
1. Rebellion or insurrection (134)
2. Coup d'etat (134-A)
3. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection (136)
4. Disloyalty of public officers or employees (137)
5. Inciting to rebellion (138)
6. Sedition (139)
7. Conspiracy to commit sedition (141)
8. inciting to sedition (142)
9. Acts tending to prevent the meeting of Congress and similar bodies (143)
10. Disturbance of proceedings of Congress or similar bodies (144)
11. Violation of parliamentary immunity (145)
12. Illegal assemblies (146)
13. Illegal associations (147)
14. Direct assaults (148)
15. Indirect assaults (149)
16. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commission, its committees, etc. (150)
17. Resistance and disobedience to a person in authority or the agents of such person (151) - including teachers
18. Tumults and other disturbances of public order (153)
19. Unlawful use of means of publication and unlawful utterances (154)
20. Alarms and scandalds (155)
21. Delivering prisoners from jails (156)
22. Evasion of service of sentence (157)
23. Evasion on occasion of disorders (158) - okay lang within 48 hours
24. Violation of conditional pardon (159)
25. Commission of another crime during service of penalty imposed for another previous offense (160)
68
Rebellion v. insurrection
Rebellion - to overthrow ans supersede the existing government
Insurrection - movement which seeks merely to effect some changes of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.
69
Coup d'etat
A swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power.
70
Sedition
The raising of commotions or disturbances in the State. The ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it.
Committed by persons who rise publicly and tumultuously in order to attain by force intimidation, or by other means outside of legal methods, any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election
2. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order
3. To inflict any act of hate or revenge upon the 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
5. To despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof.
* No public uprising - no sedition
* No object of sedition - no sedition
71
Different acts of inciting to sedition
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace
3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace.
72
What are the crimes against popular representation?
1. Acts tending to prevent the meeting of the National Assembly (143)
2. Disturbance of proceedings (144)
3. Violation on parliamentary immunity (145)
73
What are the crimes classified under public disorders?
1. Tumults and other disturbances of public order (153)
2. Unlawful use of means of publication and unlawful utterances (154)
3. Alarms and scandals (155)
4. Delivering persons from jails (156)
74
What are tumults and other disturbances of public order?
1. Causing any serious disturbance in a public place, office, or establishment
2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place
4. Displaying placards or emblems which provoke a disturbance of public order in such place
5. Burying with pomp the body of a person who has been legally executed
75
Acts punished as unlawful use of means of publication and unlawful utterances
1. By publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State.
2. By encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches
3. By maliciously publishing or causing to be published any official resolution or document without proper authority or before they have been published officially.
4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.
76
Acts punished as alarms and scandals
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger.
2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.
3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable.
77
What are crimes against public interest?
1. Counterfeiting the great seal of the Government of the Philippines, forging the signature or stamp of the Chief Executive (161)
2. Using forged signature or counterfeit seal or stamp (162)
3. Making and importing and uttering false coins (163)
4. Mutilation of coins, importation and uttering of mutilated coins (164)
5. Selling of false or mutilated coins, without connivance (165)
6. Forging treasury or bank notes or other documents payable to bearer, importing, and uttering of such false or forged notes and documents (166)
7. Counterfeiting, importing and uttering instruments not payable to bearer (167)
8. Illegal possession and use of forged treasury or bank notes and other instruments of credit (168)
9. Falsification of legislative documents (170)
10. Falsification by public officer, employee or notary (171)
11. Falsification by private individuals and use of falsified documents (172)
12. Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages (173)
13. False medical certificates, false certificates of merit or service (174)
14. Using false certificates (175)
15. Manufacturing and possession of instruments or implements for falsification (176)
16. Usurpation of authority or official functions (177)
17. Using fictitious name and concealing true name (178)
18. Illegal use of uniform or insignia (179)
19. False testimony against a defendant (180)
20. False testimony favorable to the defendant (181)
21. False testimony in civil cases (182)
22. False testimony in other cases and perjury (183)
23. Offering false testimony in evidence (184)
24. Machinations in public auction (185)
25. Monopolies and combinations in restraint of trade (186)
26. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys (187)
27. Substituting and altering trade marks and trade names or service marks (188)
28. Unfair competition and fraudulent registration of trade mark or trade name, or service mark; fraudulent designation of origin, and false description (189)
78
How is forgery committed
1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document
2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein.
79
Different modes of falsifying a document
a. Counterfeiting or imitating any handwriting, signature or rubric
b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate
c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them
d. Making untruthful statements in a narration of facts
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes its meaning
g. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original
h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book.
80
Acts punished by the Comprehensive Dangerous Drugs Act of 2002
1. Importation of dangerous drugs and/or controlled precursors and essential chemicals
2. Sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs and/or controlled precursors and essential chemicals
3. Maintenance of a dangerous drug den, dive or resort
4. Being employees or visitors of a dangerous drug den, dive, or resort
5. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals
6. Illegal chemical diversion of controlled precursors and essential chemicals
7. Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals
8. Possession of dangerous drugs
9. Possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs
10. Possession of dangerous drugs during parties, social gatherings or meetings
11. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings
12. Use of dangerous drugs
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof
14. Failure to maintain and keep original records of transaction on dangerous drugs and/or controlled precursors and essential chemicals
15. Unnecessary prescription of dangerous drugs
16. Unlawful prescription of dangerous drugs
81
What are crimes against public morals?
1. Gambling (195)
2. Importation, sale, and possession of lottery tickets or advertisements (196)
3. Betting in sports contests (197)
4. Illegal betting on horse races (198)
5. Illegal cockfighting (199)
6. Grave scandal (200)
7. Immoral doctrines, obscene publications and exhibitions (201)
8. Vagrancy and prostitution (202)
82
On what days are horse races prohibited?
1. July 4
2. Dec. 30
3. Any registration or voting days
4. Holy Thursday and Good Friday
5. Mondays unless explicitly authorized
83
Offenders punished under Art. 201
1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals
2. a. The authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same
b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral plays, scenes, acts, or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which 1) glorify criminals or condone crimes 2) serve no other purpose but to satisfy the market for violence, lust, or pornography 3) offend any race, or religion 4) tend to abet traffic in and use of prohibited drugs and 5) are contrary to law, public, order, morals, good customs, established policies, lawful orders, decrees and edicts
3. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature which are offensive to morals.
84
Is Art. 202 applicable to minors?
No. They shall undergo appropriate counseling and treatment program.
85
Who are public officers
1. Taking part in the performance of public functions in the Government or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class
2. That his authority to take part in the performance of public functions or to perform public duties must be
a. by direct provision of the law
b. by popular election
c. by appointment by competent authority
*government laborer not included -- temporary performance of public functions may qualify him
86
What are the crimes classified under malfeasance and misfeasance in office?
1. Knowingly rendering unjust judgment (204)
2. Rendering judgment through negligence (205)
3. Rendering unjust interlocutory order (206)
4. Malicious delay in the administration of justice (207)
5. Dereliction of duty in prosecution of offenses (208)
6. Betrayal of trust by an attorney or solicitor - revelation of secrets (209)
7. Direct bribery (210)
8. Indirect bribery (211)
* 1234 - misfeasances by a judge
* 5 - nonfeasance
* 78 - malfeasances by public officer
87
Misfeasance v. malfeasance v. nonfeasance
Misfeasance - improper performance of some act which might lawfully be done
Malfeasance - performance of some act which ought not to be done
Nonfeasance - omission of some act which ought to be performed
88
Interlocutory order
An order which is issed by the court between the commencement and the end of a suit or action and which decides some point or matter, but which, however, is not a final decision of the matter in issue.
89
Acts punished as betrayal of trust by attorney
1. By causing damage to his client either 1) by any malicious breach of professional duty or 2) by inexcusable negligence or ignorance
2. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client.
90
Acts punishable in direct bribery
1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present -- an act constituting a crime, in connection with the performance of his official duties.
2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.
91
What are the crimes called malversation of public funds or property?
1. Malversation by appropriating, misappropriating or permitting any other person to take public funds or property (217)
2. Failure of accountable officer to render accounts (218) - within two months allowed
3. Failure of a responsible public officer to render accounts before leaving the country (219)
4. Illegal use of public funds or property (220)
5. Failure to make delivery of public funds or property (221)
92
Penalties prescribed for malversation
1. Prision correccional in med to max - x <= 200
2. Prision mayor in min to med = 201-6,000
3. Prision mayor in max to reclusion temporal in min = 6,001-12,000
4. Reclusion temporal in med to max = 12,001-22,000
5. Reclusion temporal in max to reclusion perpetua = 22,000 and more
93
What is embezzlement
Malversation is otherwise called embezzlement.
94
Acts punishable in malversation
1. By appropriating public funds or property
2. By taking or misappropriating the same
3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property
4. By being otherwise guilty of the misappropriation or malversation of such funds or property
* private person conspiring with an accountable public officer in committing malversation is also guilty of malversation
* private property may be involved in malversation
95
What happens in cases of return or payment of misappropriated funds?
The return of funds malversed is only mitigiating circumstance, not exempting.
When the shortage is paid by the public officer from his pocket, he is not liable for malversation.
96
Crimes classified under infidelity of public officers
1. The infidelity in the custody of prisoners (223 and 224)
2. Infidelity in the custody of documents (226-228)
3. Revelation of secrets (229 and 230)
97
What are crimes under infidelity in the custody of prisoners
1. Conniving with or consenting to evasion (223)
2. Evasion through negligence (224)
3. Escape of prisoner under the custody of a person not a public officer (225)
98
What are crimes under infidelity in the custody of documents?
1. Removal, concealment or destruction of documents (226)
2. Officer breaking seal (227)
3. Opening of closed documents (228)
99
What are the crimes under revelation of secrets by public officers?
1. Revelation of secrets by an officer (229)
2. Public officer revealing secrets of private individual (230)
* must affect public interest
100
What is open disobedience (Art. 231)
Committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision, or order of any superior authority.
101
What are other offenses or irregularities by public officers
1. Open disobedience (231)
2. Disobedience to order of superior officer, when said order was suspended by inferior officer (232)
3. Refusal of assistance (233)
4. Refusal to discharge elective office (234)
5. Maltreatment of prisoners (235)
6. Anticipation of duties of a public office (236)
7. Prolonging performance of duties and powers (237)
8. Abandonment of office or position (238)
9. Usurpation of legislative powers (239)
10. Usurpation of executive functions (240)
11. Usurpation of judicial functions (241)
12. Disobeying request for disqualification (242)
13. Orders or requests by executive officers to any judicial authority (243)
14. Unlawful appointments (244)
15. Abuses against chastity (245) - consummated by mere proposal
102
Who are the relatives that the law under parricide acknowledges?
1. Father, mother, child, whether legitimate or illegitimate or
2. Legitimate other ascendant or other descendant or legitimate spouse of the accused
103
Elements for murder
1. That there is a killed victim
2. That the accused killed him
3. That any of the attending circumstances as enumerated in Article 248 are pesent
4. The killing is not parricide or infaticide
104
What are the attendant circumstances in Art. 248
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity
2. In consideration of a price, reward, or promise
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad. fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, our outraging or scoffing at his person or corpse.
105
What are crimes against persons?
1. Parricide (246)
2. Murder (248)
3. Homicide (249)
4. Death caused in a tumultuous affray (251)
5. Physical injuries inflicted in a tumultuous affray (252)
6. Giving assistance to suicide (253)
7. Discharge of firearms (254)
8. Infanticide (255)
9. Intentional abortion (256)
10. Unintentional abortion (257)
11. Abortion practiced by the woman herself or by her parents (258)
12. Abortion practiced by a physician or midwife and dispensing of abortives (259)
13. Duel (260)
14. Challenging to a duel (261)
15. Mutilation (262)
16. Serious physical injuries (263)
17. Administering injurious substances or beverages (264)
18. Less serious physical injuries (265)
19. Slight physical injuries and maltreatment (266)
20. Rape (266-A)
106
Treachery
When the shooting was sudden and unexpected, and the victims were not in a position to defend themselves.
Means, methods, or forms of attack are consciously adopted by the offender.
107
Infanticide
If the child is less than three days of age
108
RA 10951
Rights of the child, even if still unborn
109
What can be a mitigating circumstance under infanticide or abortion?
To conceal dishonor
110
Ways of committing abortion
1. By using violence
2. Acting without violence without consent of the woman
3. Acting without violence with consent of pregnant woman
111
What happens if mutilation is not so serious or not complete?
It will fall under 263-A
112
How is rape committed
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority - panloloko parang priests
d. When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
* Under RA 8353, women can also be convicted of rape. and also marital rape
113
Carnal knowledge
Act of a person having sexual intercourse or sexual body connections with another
114
Consent in rape
If consent is given prior - it is not rape
If consent is given prior then withdrawn before intercourse - rape
Consent given prior but woman asks him to stop - NOT RAPE WTF (People v. Tionloc)
Lack of resistance or not being able to shout does not constitute to a consent to the rape
115
What to prove in statutory rape
1. Age of the victim - must be below 12 years old
| 2. Was there carnal knowledge that happened?
116
What consummates crime?
Even the slightest penetration up to the labia.
| Semen and hymen are immaterial.
117
Cruz v. People
Acts of lasciviousness because there was no showing that the penis is erectile.
118
Defenses of the accused in rape
1. Pokpok
2. Hindi sya virgin
3. Walang semen
4. We are sweethearts - bobo edi umamin ka sa sexual act so now you have to prove that sex was consensual
Love is not a license for lust (People v. Lampano)
119
Crimes against liberty
1. Kidnapping and serious illegal detention (267)
2. Slight illegal detention (268)
3. Unlawful arrest (269)
4. Kidnapping and failure to return a minor (270)
5. Inducing a minor to abandon his home (271)
6. Slavery (272)
7. Exploitation of child labor (273)
8. Services rendered under compulsion in payment of debt (274)
120
Crimes against security
1. Abandonment of persons in danger and abandonment of one's own victim (275)
2. Abandoning a minor (276)
3. Abandonment of minor by person entrusted with his custody; indifference of parents (277)
4. Exploitation of minors (278)
5. Trespass to dwelling (280)
6. Other forms of trespass (281)
7. Grave threats (282)
8. Light threats (283)
9. Other light threats (285)
10. Grave coercions (286)
11. Light coercions (287)
12. Other similar coercions - Compulsory purchase of merchandise and payment of wages by means of token (288)
13. Formation, maintenance and prohibition of combination of capital or labor through violence or threats (289)
14. Discovering secrets through seizure of correspondence (290)
15. Revealing secrets with abuse of office (291)
16. Revealing of industrial secrets (292)
121
People v. Borja
A public officer who acts in his private capacity can be liable for kidnapping or illegal detention.
122
Elements of illegal detention
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following circumstances is present:
a. That the kidnapping or detention lasts for more than 3 days
b. That it is committed simulating public authority
c. That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made
d. That the person kidnapped or detained is a minor, female, or a public officer.
123
Mercado Case
Special complex crime of kidnapping with homicide
124
People v. Tadah
Delicto continuado - not applicable
Principle applicable to those wherein there are as many crimes in one single impulse
In multiple kidnapping, there are multiple impulses so # of victims = # of counts of the crime
