CRIMINAL LAW REVIEWER PDF
Criminal Law II Reviewer Vena V. Verga Criminal Law II Reviewer Summary of Book II Crime Elements Penalty Important Points to Remember 1. Offender is . CRIMINAL LAW 1 REVIEWER CRIMINAL LAW I Finals Reviewer BECAUSE SHARING IS LOVING “A new command I give you: Love one another. As I have. San Beda College of Law 1 MEMORY AID IN CRIMINAL LAW BOOK ONE GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it.
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Prision mayor and temporary disqualification. Penalties which may be imposed.
Death shall be that of the principal penalty. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary Prision correccional, suspension, and absolute disqualification, Perpetual or destierro. Prision correccional, years, except when suspension is imposed as Arresto mayor, Suspension, Destierro. Fine, and Bond to keep the peace. Arresto mayor. Forfeiture or confiscation of instruments and proceeds of the offense: The abovementioned penalties are to be given Payment of costs on offenders when they have committed a crime, depending on the lightness and gravity of: The abovementioned are penalties imposed on the crime committed.
The gravest being the criminal offenses being committed by Reclusion perpetua since the Death sentence has offenders. And bond to keep peace as the lightest.
When afflictive, correctional, or light penalty. Computation of penalties. If the offender be not in prison, the term of: This means you could just pay for bail, if what the duration of the penalty consisting of you committed did not meet the penalties deprivation of liberty shall be computed from mentioned in the preceding article. Effects of the penalties of perpetual commences to serve his sentence. This refers to the duration of the sentence.
True or false, a man was convicted of produce the following effects: Reclusion temporal after committing a crime of 1. The deprivation of the public offices and homicide should be serving a sentence of twenty employments which the offender may have years and one day to forty years? The deprivation of the right to vote in any A: The Revised Penal Code provides that Reclusion 3.
The disqualification for the offices or public temporal is supposed to be served twelve years employments and for the exercise of any of and one day to twenty years. In case of temporary disqualification, such disqualification as is In the case at bar, the man committed homicide comprised in paragraphs 2 and 3 of this article and was punished with Reclusion temporal.
The shall last during the term of the sentence. The loss of all rights to retirement pay or for Reclusion perpetua. Period of preventive imprisonment: This is in line with the sentence: Public office deducted from term of imprisonment.
Offenders who have undergone preventive Ex: A public officer committed a crime of rape imprisonment shall be credited in the service with murder. His final judgment was perpetual of their sentence consisting of deprivation of or temporary absolute disqualification. Do you liberty, with the full time during which they agree with the judgment or not?
Yes, I agree with the judgment. And if a public the following cases: When they are recidivists or have been be trusted and must be stripped of his duties convicted previously twice or more times of and obligations to the public.
When upon being summoned for the In the given case at bar, the public officer execution of their sentence they have failed committed rape with murder, therefore, he to surrender voluntarily. Effect of the penalties of perpetual of the time during which he has undergone or temporary special disqualification. The deprivation of the office, employment, or more than the possible maximum profession or calling affected; imprisonment of the offense charged to which 2.
The disqualification for holding similar he may be sentenced and his case is not yet offices or employments either perpetually or terminated, he shall be released immediately during the term of the sentence according to without prejudice to the continuation of the the extent of such disqualification. In case the: People in office who had committed a crime maximum penalty to which the accused may shall be deprived of their office. Like in royalty be sentenced is destierro, he shall be released for example, if the king commits a crime, he is after thirty 30 days of preventive forced to abdicate and thereby stripped of his imprisonment.
This is in reference to offenders who have Art. Effect of the penalties of perpetual or served their sentences to prevent them from temporary special disqualification for the committing another crime. Moreover, the offender shall: In connection to payment of any bail or bond, not be permitted to hold any public office as to keep the peace and sanctity of the place. Pardon; its effect. Again with connection to public office is a not work the restoration of the right to hold public trust, the offender may not hold any public office, or the right of suffrage, unless office during his term of sentence.
They will be such rights be expressly restored by the terms deprived the right to vote in any popular of the pardon. A pardon shall in no case exempt the culprit from the payment of the civil indemnity Art. Effects of the penalties of suspension imposed upon him by the sentence. Pardon is differentiated from amnesty. As from public office, profession or calling, and pardon excuses the sentence but not the crime, the exercise of the right of suffrage shall and amnesty excuses both the sentence and the disqualify the offender from holding such crime.
Cost; What are included. In connection with the holding of public office,: These are the fees included in paying the bail, one may be suspended from holding public or other form of obligations you have when you office and shall not hold another having similar are accused. Pecuniary liabilities; Order of Art. Civil interdiction.
The reparation of the damage caused. Indemnification of consequential damages. The fine. The cost of the proceedings. During the term of sentence, one who is: When things are to be repaired, or when things convicted is stripped of rights to parental are taken, its either you pay back the equal authority, guardianship, marital authority and amount in which the victim paid for it or you right to manage his property.
Effects of bond to keep the peace. Subsidiary penalty. If the principal penalty imposed be prision judgment, or otherwise to deposit such correccional or arresto and fine, he shall amount in the office of the clerk of the court remain under confinement until his fine to guarantee said undertaking. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not Art. Prision correccional; Its accessory exceed six months, if the culprit shall have penalties.
When the principal imposed is higher than perpetual special disqualification from the prision correccional, no subsidiary right of suffrage, if the duration of said imprisonment shall be imposed upon the imprisonment shall exceed eighteen months.
The offender shall suffer the disqualification 4. If the principal penalty imposed is not to be provided in the article although pardoned as executed by confinement in a penal to the principal penalty, unless the same shall institution, but such penalty is of fixed have been expressly remitted in the pardon. Arresto; Its accessory penalties. The subsidiary personal liability which the sentence. Confiscation and forfeiture of the in case his financial circumstances should proceeds or instruments of the crime.
This is in case a person convicted cannot pay proceeds of the crime and the instruments or for the same, they will follow the tools with which it was committed. Death; Its accessory penalties. Penalty to be imposed upon during thirty years following the date principals in general. This has been abolished, so, at some point no Whenever the law prescribes a penalty for a longer applicable. Although it is still included in felony is general terms, it shall be understood the RPC, it is respected as a resource.
Reclusion perpetua and reclusion: This means, all the crimes have been on the temporal; Their accessory penalties. In what cases the death penalty shall interdiction for life or during the period of the not be imposed. When the guilty person be more than have been expressly remitted in the pardon.
When upon appeal or revision of the case Art. Prision mayor; Its accessory by the Supreme court, all the members penalties. This is to be imposed on the principal criminal be required. Although the Death sentence is no longer intended , the maximum is to be imposed. Penalty to be imposed upon principals of a frustrated crime. Penalty for complex crimes. Referring to the graduated scale of penalties, maximum period.
This is when a single act, becomes a crime. A crime of frustrated rape is committed. In the intention of keeping the peace, a Rape is usually punishable with Reclusion police, fires a gun towards a robber, but since perpetua, but in the case of frustrated rape the the bullet did a projectile hitting another next lower degree punishment will be imposed bystander thereby killing two people.
Was there which is Reclusion temporal. Art Penalty to be imposed upon principals A: Yes, there was. In the given case at bar, the police in the: This punishment say for example is to be intention of keeping the peace, although he imposed on attempted rape, then two 2 fired the gun at the robber, the bullet did a degrees lower which is Prision mayor.
Penalty to be imposed upon accomplices in consummated crime. Penalty to be imposed upon the be imposed upon the accomplices in the principals when the crime committed is commission of a consummated felony. Penalty to be imposed upon that which the offender intended to commit, accessories to the commission of a the following rules shall be observed: If the penalty prescribed for the felony two degrees than that prescribed by law for committed be higher than that corresponding the consummated felony shall be imposed to the offense which the accused intended to upon the accessories to the commission of a commit, the penalty corresponding to the consummated felony.
If the penalty prescribed for the felony Art. Penalty to imposed upon accomplices committed be lower than that corresponding in a frustrated crime. The rule established by the next preceding felony.
Penalty to be imposed upon constitute an attempt or frustration of accessories of a frustrated crime. In the case at bar, the brother with an intention on killing his brother bought poison, but instead Art. Penalty to be imposed upon was given cheese powder thereby not killing accomplices in an attempted crime. Exception to the rules established in felony shall be imposed upon the accomplices Articles 50 to Penalty to be imposed upon law expressly prescribes the penalty provided accessories of an attempted crime.
Rules for graduating penalties. Additional penalty to be imposed 57, inclusive, of this Code, are to be imposed upon certain accessories. When the penalty prescribed for the felony disqualification if the principal offender shall is single and indivisible, the penalty next be guilty of a grave felony, and that of lower in degrees shall be that immediately absolute temporary disqualification if he shall following that indivisible penalty in the be guilty of a less grave felony.
Penalty to be imposed in case of 2. When the penalty prescribed for the crime failure to commit the crime because the is composed of two indivisible penalties, or of means employed or the aims sought are one or more divisible penalties to be impose impossible. When the penalty prescribed for the crime by its nature one of impossible is composed of one or two indivisible penalties accomplishment or because the means and the maximum period of another divisible employed by such person are essentially penalty, the penalty next lower in degree inadequate to produce the result desired by shall be composed of the medium and him, the court, having in mind the social minimum periods of the proper divisible danger and the degree of criminality shown by penalty and the maximum periods of the the offender, shall impose upon him the proper divisible penalty and the maximum penalty of arresto mayor or a fine from to period of that immediately following in said pesos.
This is with connection to impossible crime, is composed of several periods, corresponding where the crime committed and its way of to different divisible penalties, the penalty commission is so impossible. Yes, there was an impossible crime 5. When the law prescribes a penalty for a committed. This is in connection to the penalties once the For the purpose of this article, a person shall scale has graduated. Either the years get added be deemed to be habitual delinquent, is or subtracted.
Effect of the attendance of serious or less serious physical injuries, robo, mitigating or aggravating circumstances and hurto, estafa or falsification, he is found guilty of habitual delinquency. This article pertains to when the aggravating the purpose of diminishing or increasing the circumstance is offset by mitigating penalty in conformity with the following rules: Aggravating circumstances which in commuted or reduced.
This is in the case of themselves constitute a crime specially serious physical injury, robbery, estafa, punishable by law or which are included by homicide and this is referred to recidivists or the law in defining a crime and prescribing the repeat offenders or habitual delinquents.
Rules for the application of penalty. The same rule shall apply with respect to the law prescribes a single indivisible penalty, any aggravating circumstance inherent in the it shall be applied by the courts regardless of crime to such a degree that it must of any mitigating or aggravating circumstances necessity accompany the commission thereof. Aggravating or mitigating circumstances deed.
When in the commission of the deed there accomplices and accessories as to whom such is present only one aggravating circumstance, circumstances are attendant. The circumstances which consist in the material execution of the act, or in the means: If the crime committed is in the aggravating employed to accomplish it, shall serve to circumstance, the greater penalty is given, this aggravate or mitigate the liability of those includes: Habitual delinquency shall have the 2.
When there are neither mitigating nor following effects: If both the mitigating and aggravating are to the additional penalty of prision missing in the element of the crime, a lesser correccional in its medium and maximum penalty shall be applied.
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This pertains to: When the commission of the act is attended minimum and medium periods; and by some mitigating circumstances and there is c Upon a fifth or additional conviction, the no aggravating circumstance, the lesser culprit shall be sentenced to the penalty penalty shall be applied. This is in the presence of a mitigating prision mayor in its maximum period to circumstance but no aggravating, a lesser reclusion temporal in its minimum period.
When both mitigating and aggravating 5. When there are two or more mitigating circumstances attended the commission of the circumstances and no aggravating act, the court shall reasonably allow them to circumstances are present, the court shall offset one another in consideration of their impose the penalty next lower to that number and importance, for the purpose of prescribed by law, in the period that it may applying the penalty in accordance with the deem applicable, according to the number and preceding rules, according to the result of nature of such circumstances.
In the case where there two or more: This is in the case where both are present, mitigating circumstances but no aggravating then one can offset the other by either reducing present, the court shall impose a lower penalty the number of years. Rules for the application of penalties 6. Whatever may be the number and nature of which contain three periods. Death may not be imposed regardless of how accordance with the provisions of Articles 76 aggravating the circumstances are.
Within the limits of each period, the court according to whether there are or are not shall determine the extent of the penalty mitigating or aggravating circumstances: When there are neither aggravating nor aggravating and mitigating circumstances and mitigating circumstances, they shall impose the greater and lesser extent of the evil the penalty prescribed by law in its medium produced by the crime.
This is in favor of the gravity of the crime: This is in case neither the aggravating nor commenced by the offender. Rule in cases in which the penalty is not composed of three periods. When only a mitigating circumstances is which the penalty prescribed by law is not present in the commission of the act, they composed of three periods, the courts shall shall impose the penalty in its minimum apply the rules contained in the foregoing period.
In this case, the minimum period it may be forming one period of each of the three arresto menor or bond that will be given as portions. Instead of doing three 3 separate periods of 3. When an aggravating circumstance is penalty, it will be done consecutively at the present in the commission of the act, they same time. Imposition of fines. Granting in this case that an aggravating the limits established by law; in fixing the circumstance was present in the commission of amount in each case attention shall be given, the crime, maximum is to be implemented: When both mitigating and aggravating circumstances are present, the court shall: Fines that could be accommodated by the reasonably offset those of one class against wealth or means of the culprit are to be the other according to their relative weight.
This is to be determined by the courts. In the case at bar, one may offset the other granting that both the mitigating and Art. Penalty to be imposed when not all aggravating is present in the commencement of the requisites of exemption of the fourth the crime. Successive service of sentence. This is to be given on the case of any person In the imposition of the penalties, the order of who, while performing a lawful act with due their respective severity shall be followed so care, causes an injury by mere accident without that they may be executed successively or as fault or intention of causing it, as provided by nearly as may be possible, should a pardon the Penal Code, under paragraph 4 of Art.
For the purpose of applying the provisions of the next preceding paragraph the respective Art. Penalty to be imposed upon a person severity of the penalties shall be determined under eighteen years of age. Death, his case is one coming under the provisions of 2.
Reclusion perpetua, the paragraphs next to the last of Article 80 of 3. Reclusion temporal, this Code, the following rules shall be 4. Prision mayor, observed: Prision correccional,chan robles virtual law 1. Upon a person under fifteen but over nine library years of age, who is not exempted from 6. Arresto mayor, liability by reason of the court having declared 7. Arresto menor, that he acted with discernment, a 8. Destierro, discretionary penalty shall be imposed, but 9.
Perpetual absolute disqualification, always lower by two degrees at least than that 10 Temporal absolute disqualification. Suspension from public office, the right to committed. Upon a person over fifteen and under profession or calling, and eighteen years of age the penalty next lower Public censure. This is in connection to offenders who are three-fold the length of time corresponding to minors, but upon reaching 18 may be tried as an the most severe of the penalties imposed adult.
No other penalty to which he may be liable shall be inflicted after the sum total Art. Penalty to be imposed when the of those imposed equals the same maximum crime committed is not wholly excusable. The best rule for this article is the three-fold conditions be present. The courts shall impose rule, where instead of serving three sentences the penalty in the period which may be at different periods, they all get served at the deemed proper, in view of the number and same period at the maximum period possible.
A man committing robbery, with kidnapping or lacking. With connection to Justifying Circumstances you were the judge presiding over the case, how and Circumstances which exempt from criminal would you decide over how he should serve his liability, the penalty is either one or two degree sentence?
Following the three-fold rule though he has which, by provision of law, carries with it committed three distinct crimes of different other penalties, according to the provisions of titles, the man should be serving the maximum Articles 40, 41, 42, 43 and 44 of this Code, it sentence of Reclusion perpetua or 20 years and must be understood that the accessory 1 day to 40 years.
Instead of adding all three penalties are also imposed upon the convict. The provisions of Art. Graduated scales. Penalty higher than reclusion higher by one or more degrees than another perpetua in certain cases. Article 40, shall be considered as the next The courts, in applying such lower or higher higher penalty.
Death, perpetua, which in this case may be life 2. Reclusion perpetua, imprisonment although we do not say so , is 3. Reclusion temporal, next the next possible punishment or the 4.
Prision mayor, application of the three-fold rule. Prision correccional, 6. Arresto mayor, Art. Increasing or reducing the penalty of 7. Destierro, fine by one or more degrees. Arresto menor, may be necessary to increase or reduce the 9.
Public censure, penalty of fine by one or more degrees, it Perpetual absolute disqualification, however, changing the minimum. Temporal absolute disqualification The same rules shall be observed with regard 3. Suspension from public office, the right to of fines that do not consist of a fixed amount, vote and be but are made proportional.
Depending on the degree of the crime, is the 4. Public censure, basis of how the fine must be paid. Legal period of duration of divisible: The abovementioned scales of penalty shall be penalties. Preference in the payment of the civil maximum in the manner shown in the liabilities. Presumption in regard to the mos.
The penalty is to be imposed once final 4 — 4 judgment has been served to the accused. Suspension of the execution and mos. When the penalty is a complex one composed of three distinct penalties. If during the entirety of the sentence, an cases in which the law prescribes a penalty accused becomes insane or an imbecile, his composed of three distinct penalties, each sentence will be commuted, and should his one shall form a period; the lightest of them sanity regain, will his sentence resume.
Only in shall be the minimum the next the medium, these special cases will the sentence be and the most severe the maximum period. Whenever the penalty prescribed does not have one of the forms specially provided for in Art. Suspension of sentence of minor this Code, the periods shall be distributed, delinquents. If the crime prescribes three 3 distinct is accused thereof, the court, after hearing penalties, each will form one period: From the lightest to the instead of pronouncing judgment of most severe punishment to be imposed on the conviction, shall suspend all further accused.
When and how a penalty is to be benevolent or charitable institution, executed. Provided, however, representatives, or the person to whose That whenever the Secretary of Finance custody or care the minor has been certifies that a municipality is not able to pay committed, shall submit to the court every its share in the expenses above mentioned, four months and as often as required in such share which is not paid by said special cases, a written report on the good or municipality shall be borne by the National bad conduct of said minor and the moral and Government.
Chartered cities shall pay two- intellectual progress made by him. This article is connected with children in and whether he has complied with the conflict with the law who has been deemed as a conditions imposed upon him, or not. The convict although minority in age. The provisions of the first paragraph of this article abovementioned article will prevail in cases shall not, however, be affected by those such as these. If the minor has been committed to the Art.
These articles pertain to the Death sentences, mentioned in the first paragraph of this where the burial of the corpse should take article, with the approval of the Director of place, or if in case the person to be executed is Public Welfare and subject to such conditions a female who in this case may be pregnant , as this official in accordance with law may and where the execution will take place.
Reclusion perpetua, reclusion responsible person. This article provides where the convicts he was committed to the care of a responsible serving the 1st scale of penalties are serving out person, or in case he should be found there sentences.
This article refers to the accused until where The crime of oral defamation and slander by is his jurisdiction if he aggravated someone. Light offenses prescribe in two months. Arresto menor. This refers to the crime committed and what seem satisfactory to it. This article refers to where the accused will Art. Computation of prescription of serve out his sentence should he be imposed offenses.
How criminal liability is totally authorities, or their agents, and shall be extinguished. By the death of the convict, as to the when such proceedings terminate without the personal penalties and as to pecuniary accused being convicted or acquitted, or are penalties, liability therefor is extinguished unjustifiably stopped for any reason not only when the death of the offender occurs imputable to him. The term of prescription shall not run when: This refers to, when the during the service of the offender is absent from the Philippine the sentence, the convict dies, the sentence Archipelago.
This article refers to the day when the crime 2. By service of the sentence; has been discovered by the authorities and: Upon finishing the service of the sentence, this should the convict flee to another country, his is when the criminal liability gets extinguished. By amnesty, which completely extinguishes Art. When and how penalties prescribe. Amnesty defined: Death and reclusion perpetua, in twenty years; 4. By absolute pardon; 2. Other afflictive penalties, in fifteen years;: Pardon defined: Correctional penalties, in ten years; with not the liability, but in the case of absolute the exception of the penalty of arresto mayor, pardon, everything is extinguished.
Light penalties, in one year. By prescription of the crime; 6. By prescription of the penalty; Art. Computation of the prescription of 7. By the marriage of the offended woman, as penalties. In the case of rape, should the rape victim date when the culprit should evade the marry the rapist, the liability of the rapist will service of his sentence, and it shall be be extinguished.
Prescription of crime. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Partial Extinction of criminal Those punishable by a correctional penalty liability. By conditional pardon; mayor, which shall prescribe in five years. By commutation of the sentence; and The crime of libel or other similar offenses shall prescribe in one year.
For good conduct allowances which the passing away of the calamity or catastrophe to culprit may earn while he is serving his in said article. This occurs when a convict gives himself up: This occurs when the person serving the after forty-eight 48 hours. Who grants time allowances.
Obligation incurred by person Prisons shall grant allowances for good granted conditional pardon. Such allowances once granted shall who has been granted conditional pardon shall not be revoked. It is the Director of Prisons who grants the non-compliance with any of the conditions allowance for every good conduct. Civil liability of a person guilty of be applied to him. Those who have been pardoned have to follow rules so as not to be convicted again.
It is true for those who has a criminal liability has a civil liability against persons, thing or Art. Effect of commutation of sentence. Rules regarding civil liability in in the place of the former.
Importing or uttering such mutilated coins, with the 2. The coin must be of legal tender in further requirement that there must be connivance with mutilation the mutilator or importer in case of uttering 3.
Coins of foreign country not included 1. Possession of coin, counterfeited or mutilated by another Penalty lower byPossession of or uttering false coin does not require Selling of person, with intent to utter the same, knowing that it is one degree thanthat the counterfeited coin is legal tender False or false or mutilated that prescribed Constructive possession included Mutilated a.
Possession in said articles Possession of counterfeiter or importer not punished Coins, b. With intent to utter as separate offense Without c. Knowledge Accused must have knowledge of the fact that the Connivance 2.
Actually uttering such false or mutilated coins, knowing coin is false the same to be false and mutilated Punishable even if the offender was not in a.
Actually uttering connivance with counterfeiter or mutilator b. Knowledge Acts Punishable: RT in minimum 1. Uttering forged bill must be with connivance Forging 1. Forging or falsification of treasury or bank notes or other and fine not to to constitute a violation of Article Treasury or documents payable to bearer exceed P10, 2.
Notes and other obligations and securities Bank Notes 2. Importation of such false or forged obligations or notes — obligation or that may be forged or falsified under Article or Other 3. Uttering of such false or forged obligations or notes in security of Documents connivance with the forgers or importers Philippines a.
Verga Payable to P Mayor in b. Certificates Bearer Forging — committed by giving to a treasury or bank note or maximum period c. Other obligations and securities, payable any instrument payable to bearer or to order the appearance and a fine not to to bearer of a true and genuine document; to forge an instrument is to exceed P5, — 3. A bank note, certificate or obligation and make false instrument intended to be passed for the genuine circulating note security is payable to bearer when it can be one issued by any negotiated by mere delivery banking 4.
Penalties depend upon the kind of forged Falsification — committed by erasing, substituting, association duly treasure or bank notes or other documents counterfeiting, or altering by any means, the figures, letters, authorized by 5. Forgery is Committed: Article words, or signs contained therein law a. By giving to a treasury or bank note or P Mayor in any instrument payable to bearer or to Importation — means to bring them into the Philippines, medium and a order mentioned therein, the appearance which presupposes that the obligations or notes are forged or fine not to of a true and genuine document falsified in a foreign country exceed P5, — b.
There be an instrument payable to order or other PC in medium 1. Application of this article is limited to Counterfeitin document of credit not payable to bearer and maximum instruments payable to order g 2. The offender either forged, imported or uttered such and a fine not to 2. It includes such instruments or document of Instruments instrument exceed P6, credit issued by a foreign government or Not Payable 3.
In case of uttering, he connived with the forger or bank to Bearer importer 3. Connivance is not required in uttering if the utterer is the forger 1. That any treasury or bank not or certificate or other Penalty next 1. Intent to posses is not intent to use Illegal obligation and security payable to bearer, or any lower in degree 2. Possession of false treasury or bank notes Possession instrument payable to order or other document of credit than that alone is not a criminal offense and use of not payable to bearer is forged or falsified by another prescribed in 3.
Accused must have knowledge of forged False person said articles character of the note Treasury or 2. The offender knows that any of those instruments is 4. A person in possession of falsified document Bank Notes forged or falsified and who makes use of the same is presumed and Other 3. He performs any of these acts: It is not an impossible crime when the act of Credit b. That there be a bill, resolution or ordinance enacted or PC in maximum 1. Bill, resolution or ordinance must be genuine Falsification approved or pending approval by either House of the and a fine not to 2.
Offender is any person of Legislative Legislature or any provincial board or municipal council exceed P6, 3. The act of falsification in legislative Documents 2. The offender alters the same document is limited to altering it which 3. He has no proper authority therefore changes its meaning 4. The alteration has changed the meaning of the document 1. Offender is a public officer, employee or notary public P Mayor and a 1. In falsification by making alteration or Falsification 2.
He takes advantage of his official position fine not to intercalation or including in a copy a by Public a. He has duty to make or to prepare or otherwise exceed P5, — different statement, there must be a genuine Officer, intervene in the preparation of the document; or first paragraph document that is falsified; in other Employee, or b.
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He has the official custody of the document which he paragraphs, falsification may be committed Notary or falsifies Same penalty — by simulating or fabricating a document Ecclesiastical 3.
That he falsifies a document by committing any of the ecclesiastical 2. Paragraph 1 Minister following acts: Counterfeiting — imitating any a. Feigning — simulating a signature, i.
Paragraph 2 — when committed by a private and the forged, bear some resemblance to each individual, Article should apply other 4. Paragraph 4 b. There must be a narration of facts, not any act or proceeding when they did not in fact so of conclusion of law participate b.
Legal Obligation — there is a law i. Person making the narration of facts ii. That such person s did not in fact so participate must be aware of the falsity of the facts in the act or proceeding narrated by him c. Attributing to person who have participated in an act d. Perversion of truth must be made with or proceeding statements other than those in fact the wrongful intent of injuring 3rd person made by them e.
Wrongful intent not essential when the i. Good faith is a defense ii. Falsification by omission is punishable or proceeding 5. Paragraph 5 — Date must be essential iii. Paragraph 7 attributed to such person s statements other than a.
Making untruthful statements in a narration of facts b. Intent to gain or prejudice not necessary i. Verga of the facts narrated by him iii. Altering true dates f.
Making any alteration or intercalation in a genuine document which changes its meaning i. Issuing in authenticated form a document purporting to be a copy of any 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. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons Acts Punished and Their Requisites: PC in medium Paragraph 1 Falsification and maximum 1. Four Kinds of Documents by Private 1.
Falsification of public, official or commercial document by a and a fine of not a. Public Document — created, executed or Individuals private individual more than issued by a public official in response to and use of a.
Official Document — issued by a public enumerated in Article official in exercise of the functions of his c. Private Documents — deed or instrument executed by a private person without the 2. Falsification of private document by any person intervention of notary public or other a. Commercial Documents — defined and c.
Verga at least the falsification was committed with intent to any other commercial law cause such damage 2. Mere blank form of official document is not in itself a document 3. Use of falsified document 3. Possessor of a certificate of tile is presumed Introducing in Judicial Proceeding: Possessor of falsified document is presumed b. Good faith is a defense c. Mere falsification is not enough; requires: Damage need not be material c.
Falsification may be a necessary means to another or at least it was used with intent to cause commit other crimes such damage a. Damage not necessary in crime of introducing in judicial proceedings; Intent to cause damage, at least, is required in use of falsified document in proceeding not judicial 2.
User deemed author of falsification if a. Verga Falsification 1. Uttering fictitious wireless, telegraph or telephone and maximum — direct participation in falsification of of Wireless, message falsification telegraphic dispatches Cable, a. That the offender is an officer or employee of the Penalty next 2. Private individual may be held liable as Telegraph government or of a private corporation, engaged in lower in degree — principal by inducement in falsification of and the service of sending or receiving wireless, cable or use of such telegraph dispatches or telephone messages Telephone telephone message falsified dispatch Messages b.
That the offender commits any of the following acts: Using such falsified message a. Certificate — any writing by which Falsification 1. Public Officer — includes merit,, service, good conduct or a fine not to 2.
That the physician or surgeon had issued a false medical A Menor Using False certificate, or a public officer had issued a false certificate Certificates of merit or service, good conduce or similar circumstance, or a private person had falsified any of said certificates 2.
PC in medium 1. Implements confiscated need not form a Mnftg and 1. Making or introducing in to the Philippines any stamps, and maximum complete set Possession of dies, marks or other instruments or implements for and a fine not to 2. Also punished constructive possession Implements counterfeiting or falsification exceed P10, for 2. Verga Two Ways of Committing the Crime: There must be positive, express and explicit Usurpation of 1. By knowingly and falsely representing oneself to be an and medium representation Authority or officer, agent or representative of any department or periods 2.
The offender should have represented Official agency of the Philippine Government or any foreign himself to be an officer, agent or Functions government representative of any department or agency - In usurpation of authority, the mere act of knowingly of the government; or should have and falsely representing oneself to be an officer, etc.
False representation may be shown by acts 2. By performing any act pertaining to any person in 4. Article may be violated by a public authority or public officer of the Philippine Government or officer of a foreign government or any agency thereof, under 5. Article does not apply to occupant under pretense of official position, and without being lawfully color of title entitled to do so 6.
Article punishes usurpation of authority - In usurpation of official functions, it is essential that or official functions of any officer of any the offender should have performed an act pertaining foreign government to a person in authority or public officer, in addition to 7.
The act performed, without the offender other requirements being lawfully entitled to do so, must pertain to the government, or to any person in authority, or to any public officer Using Fictitious Name: A Mayor and a 1. If the purpose is for causing damage, it must Using 1. The offender uses a name other than his real name fine not to be damage to public interest Fictitious 2. He uses that fictitious name publicly exceed P — 2. Signing a fictitious name in an application for Name and 3.
The purpose of the offender is to conceal a crime, to evade use of fictitious passport is publicly using such fictitious Concealing the execution of a judgment, or to cause damage to public name name True Name interest 3. Where a person takes the place of another Concealing True Name: A Menor and a who has been convicted by final judgment, 1.
That the offender conceals his true name and all other fine not to he is guilty of using a fictitious name circumstances exceed P — punishable under this Article 2. That the purpose is only to conceal his identity conceal true 4. Fictitious Name — any other name which a name person publicly applies to himself without Distinction Between Use of Fictitious Name and Concealing authority of law True Name: Com Act No.
In use, the element of publicity must be present; in concealing true name, that element is not necessary 2. The purpose of use of fictitious name is any of those 3 enumerated; in concealing true name, it is merely to conceal identity 1. That the offender makes use of insignia, uniform or dress A Mayor 1. Wearing the uniform of an imaginary office is Illegal Use of 2. That the insignia, uniform or dress pertains to an office not punishable Uniforms or not held by the offender or to a class of persons of which 2.
Verga 3. That said insignia, uniform or dress is used publicly and improperly 1. That there be a criminal proceeding RT if the 1. Penalty for false testimony against the False 2.
That the offender testifies falsely under oath against the defendant shall defendant in a criminal case depends upon Testimony defendant therein have been the sentence imposed on the person against Against a 3.
That the offender who gives false testimony knows that it sentenced to whom the false testimony was given Defendant is false death 2. Defendant must be sentenced at least to a 4.
Witness who gave false testimony is liable False Testimony — committed by a person who, being under or Perpetua even if his testimony was not considered by oath and required to testify as to the truth of a certain matter A Mayor if the court at a hearing before a competent authority, shall deny the truth defendant shall 4.
The law intends to punish the mere giving of or say something contrary to it have been false testimony sentenced to Nature of Crime of False Testimony — particularly odious correctional when committed in judicial proceedings, as it constitutes an penalty or a fine, imposition upon the court and seriously exposes it to a or shall have miscarriage of justice been acquitted Nature of the Crime — False testimony favorable to the A Mayor in max 1.
False testimony by negative statement is in False defendant is equally repugnant to the orderly administration of to PC in favor of defendant Testimony justice minimum and a 2. The false testimony favorable to the Favorable to fine not to defendant need not benefit the defendant Defendant False testimony is punished because of its tendency to favor or exceed P1, — 3. Rectification made spontaneously after to prejudice the defendant if prosecution is realizing the mistake is not false testimony for a felony punishable by an afflictive penalty A Mayor — in any other case 1.
That the testimony must be given in a civil case PC in minimum 1. The testimony given in civil case must be False 2. That the testimony must relate to the issues presented in and a fine not to false Testimony in said case exceed P6, 2.
Article is not applicable when the false Civil Cases 3. That the testimony must be false testimony is given in special proceedings 4. That the false testimony must be given by the defendant A Mayor in max 3. Penalty depends on amount of the knowing the same to be false to PC in controversy 5.
That the testimony must be malicious and given with an minimum and a. PC in minimum and a fine not to exceed intent to affect the issues presented in said case fine not to P6, — if amount in controversy shall exceed P1, exceed P5, b. Verga amount or cannot be estimated 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of False a. By falsely testifying under oath; and maximum to PC materiality Testimony in b. By making a false Affidavit in minimum 2.
Other Cases 2. Elements of Perjury a. Material — when it is directed to prove a and Perjury a. That the accused made a statement under oath or fact in issue in Solemn executed an affidavit upon a material matter b.
Relevant — when it tends in any Affirmation b. That the statement or affidavit was made before a reasonable degree to establish the competent officer, authorized to receive and probability or improbability of a fact in administer oath issue c. That in the statement or affidavit, the accused made a c. Pertinent — when it concerns collateral willful and deliberate assertion of a falsehood; and matters which make more or less d.
That the sworn statement or affidavit containing the probable the proposition at issue falsity is required by law 3. If the false testimony given by the witness Is not important, essential or material to the Oath — any form of attestation by which a person signifies principal matter under investigation, it that he is bound in conscience to perform an act faithfully and cannot properly be held that perjury is truthfully committed Affidavit — sworn statement in writing; a declaration in writing, 4.
The assertion of falsehood must be willful or any fact or circumstance which tends to corroborate or and deliberate strengthen the testimony relative to the subject of inquiry, or 6. Good faith or lack of malice is a defense in which legitimately affects the credit of any witness who perjury testifies 7.
Even if there is no law, requiring the statement to be made under oath, as long as Competent Person Authorized to Administer Oath — a it is made for a legal purpose, it is sufficient person who has a right to inquire into the questions presented 8. Two contradictory sworn statements are not him upon matters under his jurisdiction sufficient to convict of perjury 9. Subornation of Perjury — committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty 1.
That the offender offered in evidence a false witness or Respective 1. Even if there was conspiracy between false Offering false testimony penalties witness and party who presented him, the False 2. That he knew the witness or the testimony was false provided in this witness having desisted before he could Testimony in 3. Verga criminal liability 2. Article applies when the offender does not induce a witness to testify falsely 1. By soliciting any gift or promise as a consideration for PC in minimum 1.
Crime is consummated by mere solicitation Machinations, refraining from taking part in any public auction period and a fine 2. That there be a public auction ranging from 3. An attempt to cause prospective bidders to and b. That such gift or promise was the consideration for his thing auctioned thing auctioned should command a lesser refraining from taking part in that public auction price, is sufficient to constitute an offense d. That the accused had the intent to cause the reduction 4.
The threat need not be effective nor the of the price of the thing auctioned offer or gift accepted for the crime to arise 2. By attempting to cause bidders to stay away from an 5. Reason for the Provision: That there be a public auction competition in order to secure the maximum b.
That the accused attempted to cause the bidders to benefit for the debtors stay away from the public auction c. That is was done by threats, gifts, promises or any other artifice d. That the accused had the intent to cause the reduction of the price of the thing auctioned Acts Punished as Monopolies: The theory in penalizing monopolies and Monopolies 1.
Combination to prevent free competition in the market or a fine ranging combinations in restraint of trade is that and - by entering into any contract or agreement or taking from P to competition, not combination, should be the Combinations part in any conspiracy or combination in the form of a P6,, or both law of trade in Restraint trust or otherwise, in restraint of trade or commerce 2.
Any property possessed under any contract of Trade or to prevent by artificial means free competition in or combination contemplated in this article, the market shall be forfeited to the Government 2.
Monopoly to restrain free competition in the market 3. The law intends to punish the mere - by monopolizing any merchandise or object of trade or conspiracy or combination at which it is commerce, or by combining with any other person s aimed to monopolize said merchandise or object in order to 4. If the offense affects any food substance, alter the prices thereof by spreading false rumors or motor fuel or lubricants or other article of making use of any other artifice to restrain free prime necessity, it is sufficient for the competition in the market imposition of the higher penalty that the 3.
Manufacturer, producer, or processor or importer initial steps have been taken toward carrying combining, conspiring or agreeing with any person to out the purposes of combination make transactions prejudicial to lawful commerce or to 5. When the offense is committed by a increase the market price of merchandise corporation or association, the president and a.
Person Liable — manufacturer, producer, processor, or directors or managers are liable as principals importer of any merchandise or object of commerce thereof; But the president and directors or b. Crime Committed by — combining, conspiring, or managers are only liable if they: Verga c. Purpose — to make transactions prejudicial to lawful b. That the offender imports, sells, or disposes of any of PC or a fine 1. Articles of merchandise involved: The stamps, brands, or marks of those articles of P to P1, 2.
Selling the misbranded articles is not Disposition of merchandise fail to indicate the actual fineness or quality necessary Falsely of said metals or alloys 3. Article does not apply to manufacturer Marked 3. The offender knows that stamps, brands, or marks fail to of misbranded articles made of gold, silver, Articles indicate the actual fineness or quality of the metals or etc.
The trade name, etc. By substituting the trade name or trademark of some or a fine ranging need not be identical with the infringed trade and Altering other manufacturer or dealer, or a colorable imitation from P to name, etc of the offended party; a colorable Trademarks, thereof, for the trade name or trademark of the real P2, or both imitation is sufficient Trade manufacturer or dealer upon any article of commerce and 2.
There must not be differences which are names, or selling the same glaring and striking to the eye Service 2. By selling or by offering for sale such articles of 3. Mark — any visible sign capable of marks commerce, knowing that the trade name or trademark has distinguishing the foods trademark or been fraudulently used service service mark of an enterprise and 3.
By using or substituting the service mark or some other shall include a stamped or marked container person, or a colorable imitation of such mark, in the sale 4.
By printing, lithographing, or reproducing trade name, is fixed trademark, or service mark of one person, or a colorable 5. The objects of trademark are to point out imitation thereof, to enable another person to fraudulently distinctly the origin or ownership of the use the same, knowing the fraudulent purpose for which it article to which it is affixed, to secure to is to be used him, who has been instrumental in brining into market a superior article of Trade Name — name or designation identifying or merchandise, the fruit of his industry and distinguishing an enterprise skill, and to prevent fraud and imposition 6.
It is not necessary that the goods of the Trade Name Distinguished from Trademark prior user and the late user of the trademark 1. Trade name is used in trade to designate a particular are of the same categories business of certain individuals considered as an entity; 7.
The trade name or trademark must be trademark is used to indicate the origin or ownership of registered the goods to which it is affixed 8. Trademark must not be merely descriptive or 2. Trade name, unlike trademarks, are not necessarily generic attached or affixed to the goods of the owner 9.
Penalty provided 1. Mere offer for sale completes the Unfair 1. By selling his goods, giving them the general appearance for in the next commission of the crime Competition, of the goods of another manufacturer or dealer Unfair preceding article 2. Evidence of actual fraudulent intent is not Fraudulent Competition necessary Registration a. That the offender gives his goods the general 3. The basis for penalizing unfair competition is of Trade appearance of the goods of another manufacturer or that no one shall, by imitating or any unfair Name, dealer device, induce the public to believe that the trademark, or b.
That the general appearance is shown in the a goods goods he offers for sale are the goods of service mark, themselves, or in the b wrapping of their packages, another, and thereby appropriate to himself Fraudulent or in the c device or words therein, or d any other the value of the reputation which the other designation feature of their appearance has acquired for the products or of Origin, and c. That the offender offers to sell s those goods or gives merchandise manufactured or sold by him False other persons a chance or opportunity to do the same 4.
The true test of unfair competition is Description with a like purpose whether certain goods have clothed with an d. That there is actual intent to deceive public or defraud appearance which is likely to deceive a competitor ordinary downloadr exercising ordinary care, 2.
By a affixing to his goods or using in connection with his and not whether a certain limited class of services a false designation of origin, or any false downloadr with special knowledge not description or representation, and b by selling such possessed by the ordinary downloadr could goods and services avoid mistake by the exercise of this special 3. By procuring fraudulently from the patent office the knowledge registration of trade name, trademark, or service mark 5.
Master is liable for acts of servant 6. UC is broader and more inclusive 1. In UC, the offended party has identified knowingly imported contrary to law in the mind of the public the goods he 2.
The possession of any lottery ticket or Importation, 1. By importing into the Philippines from any foreign place or maximum to PC advertisement is prima facie evidence of an sale and port any lottery ticket or advertisement in minimum or a intent to sell, distribute or use of the same Possession of 2.
By selling or distributing the name in connivance with the fine ranging from 2. If the defendant can establish that he did not Lottery importer P to P2,, know of the existence of the lottery ticket, Tickets or 3. By possessing, knowingly and with intent to use, lottery or both — the presumption is destroyed Ads tickets or advertisements importation or 3.
It is not necessary that the lottery tickets be 4. By selling or distributing the same without connivance with selling and genuine, as it is enough that they be given the importer distributing the appearance of lottery tickets A Menor or fine 4. If the lottery tickets are counterfeit, they not exceeding cannot give rise to the evil sought to be P2, or both — eradicated possessing Repealed by PD Betting, Game-Fixing or Point-Shaving and Machinations in Sport Contests Acts Punishable: A Menor or fine 1.
Totalizer — machine for registering and Illegal 1. By betting on horse races during the periods NOT allowed not exceeding indicating the number and nature of bets Betting on by law P, or both made on horse races Horse Races 2. Horse Races Prohibited on: By maintaining or employing a totalizer or other device or A Mayor or a fine a. July 4th of every year scheme for betting on races or realizing profit therefrom, from P to b.
December 30th of every year during the periods not allowed by law P2,, or both c. Any registration or voting days d. Holy Thursday and Good Friday 2. The race held on the same day and at the same place is punishable as separate offenses 3. Permitting gambling of any kind in cockpit is Illegal Persons Liable: Any person who directly or indirectly participates in P or both 2. Spectators in a cockfight are not liable cockfighting, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law 2.
That the offender performs an act s A Mayor and 1. Decency — propriety of conduct; proper Grave 2. That such act s be highly scandalous as offending against Public Censure observance of the requirements of modesty, Scandal decency or good customs good taste, etc. That the highly scandalous conduct is not expressly falling 2. Customs — established usage, social within any other article of this Code conventions carried on by tradition and 4. That the act or acts complained of be committed in a enforced by social disapproval of any public place or within the public knowledge or view violation thereof Grave Scandal — consists of acts which are offensive to 3.
If the act s of the offender are punished decency and good customs which, having been committed under another article of this code, Article publicly, have given rise to public scandal to persons who have is not applicable accidentally witnessed the same 4.
The acts must be performed in a public place or within the public knowledge or view Publicity is essential PM or a fine 1. The author of obscene literature is liable only Immoral ranging from when it is published with his knowledge Doctrines, Moral — conformity with the generally accepted standards of P6, to 2. In every case, the editor publishing is liable Obscene goodness or rightness in conduct or character P12, or both 3.
The test of obscenity is whether the Publications Obscene — something offensive to chastity, decency, delicacy tendency of the matter charged as obscene and is to deprave or corrupt those minds are Exhibitions, Those Liable: Those who shall publicly expound or proclaim doctrines who shads such a publication may fall and Shows openly contrary to public morals also whether or not such publication or act 2. Mere nudity in pictures or paintings is not an selling the same obscenity 3. Thos who, in theaters, fairs, cinematographs, etc.
The object of the law is to protect the morals 4. Those who shall sell, give away, or exhibit films, prints, of the public engravings, sculptors, etc. Disposition of articles — to be forfeited in favor of the government Vagrants: Only par. Any person having no apparent means of subsistence, who not exceeding means of support Prostitutes has physical ability to work and who neglects to apply P 2. Mendicancy and abetting mendicancy are himself to some lawful calling punished 2.
Any person found loitering about public or semi-public In case of 3. Giving of alms thru organized agencies buildings or places, or tramping or wandering about the recidivism, A operation under the rules and regulations of country or the streets without visible means of support Mayor in medium the Ministry of Public Information is not a 3.
Any idle or dissolute person who lodges in houses of ill- to PC in violation of the Mendicancy Law fame; ruffians or pimps and those who habitually minimum or a 4. Dissolute — lax, unrestrained, immoral associate with prostitutes fine from P to 5. Verga 4. Any person who, not being included in the provision of P2, or both 6. Pimp — one who provides gratification for the other articles of this Code, shall be found loitering in any lust of others inhabited or uninhabited place belonging to another 7.
Sexual intercourse is not absolutely without any lawful or justifiable purpose necessary Prostitute — a woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct 1.
Taking part in the performance of public functions in the 1. Temporary performance of public functions 2. That his authority to take part in the performance of public by a laborer makes him a public officer functions or to perform public duties must be: That the offender is a judge; PM and Perpetual 1. Judgment — final consideration and Knowingly 2. That he renders a judgment in a case submitted to him Absolute determination of a court of competent Rendering for decision Disqualification jurisdiction upon the matters submitted to it, Unjust 3.
That the judgment is unjust PAD in an action or proceeding Judgment 4. That the judge knows that his judgment is unjust 2. Unjust Judgment — one which is contrary to law, or is not supported by the evidence, or Misfeasance both - improper performance of some act which might 3. An unjust judgment is rendered knowingly, lawfully be done when it is made deliberately and maliciously 4.
Sources of Unjust Judgment: Malfeasance a. Error — no liability for error in good faith - performance of an act which ought NOT to be done b.
Ill-will or Revenge c. Bribery Nonfeasance 5. There must be evidence that the judgment is - omission of some act which ought to be performed unjust — it cannot be presumed 6. Verga 7. There must be evidence that the judge knew that his judgment is unjust 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so Rendering 2.
That he judgment is manifestly unjust Disqualification law cannot doubt the injustice Negligence 4. That it is due to his inexcusable negligence or ignorance TSD 2.
Abuse of discretion or mere error of judgment, where there is not proof or even allegation of bad faith, or ill motive, is not punishable 1. That the offender is a judge; A Mayor in 1. Interlocutory Order — issued by court Rendering 2. That he performs any of the following acts: Test in Determining: That the offender is a judge PC in minimum 1. Mere delay without is not a felony under this Malicious 2.
That there is a proceeding in his court article Delay in the 3. That he delays the administration of justice 2. Delay is Malicious — the delay is cause by the Admin of 4. That the delay is malicious judge with deliberate intent to inflict damage Justice on either party in the case Acts Punishable: Negligence — under this article is not merely Dereliction of 1. By maliciously refraining from institution prosecution period and lack of foresight or skill, but neglect of duties Duty in against violators of the law suspension of office by maliciously failing to move the Prosecution 2.
By maliciously tolerating the commission of offenses prosecution and punishment of the of Offenses delinquent Elements: Malice is an important element 1. That the offender is a public officer or officer of the law 3. That there is dereliction of the duties of his office; that is, prosecution includes Chief of Police and knowing the commission of the crime, he does not cause barrio lieutenant the prosecution of the criminal or knowing that a crime is 4.
Crime committed by the law-violator must be proved first before the person charged with dereliction can be made liable 6. In addition to 1. By causing damage to his client, either a by any proper his client Trust by an malicious breach of professional duty, b by inexcusable administrative 2.
Under 3rd act, if the client consents to the Solicitor 2. By undertaking the defense of the opposing party in the P — P1, same case, without the consent of his first client, after 4. Procurador Judicial — a person who had some having undertaken the defense of said first client or after practical knowledge of law and procedure, having received confidential information from said client but not a lawyer, and was permitted to represent a party in a case before an inferior court Acts Punishable in Direct Bribery: PM in medium First Element: Direct 1.
By agreeing to perform, or by performing, in consideration and maximum 3. Temporary performance of public functions is Bribery of any offer, promise, gift or present — and act constituting and fine of not sufficient to constitute a person a public a crime, in connection with the performance of his official less than value officer duties of gift and not 4. It is believed that it does not cover a private less than 3x individual because the additional penalty of 2. By accepting a gift in consideration of the execution of an value of gift, in STD has no practical application act which does not constitute a crime, in connection with addition to the the performance of his official duty penalty corresponding to Second Element: By agreeing to refrain, or by refraining, from doing crime agreed 1.
Gift may be received by public officer himself something which is his official duty to do, in consideration upon and Special or thru a 3rd person of gift or promise Temporary 2. Bribery exists: Disqualification a. STD — if the private person 1.
That the offender be a public officer within scope of Article same crime b. That the offender accepts an offer or a promise or receives been committed delivers it to the public officer a gift or present by himself or thru another and if the act c. That such offer or promise be accepted, or gift or present does not officer, as the consideration for his received by the public officer: A promise of gift to a public officer who accepts such promise is sufficient under 1 st c.
That the act which the offender agrees to perform or and fine of not 4. If the offer is not accepted, only the person his official duties value of gift and offering the gift is criminally liable STD — if act shall 6.
The gift must have a value or be capable of Prevaricacion Art. Verga pertains to the official duty of the officer Third Element: In bribery, the offender refrained from doing his official 1.
The act which the public officer agrees to duty in consideration of a gift received or promised; while perform must be connected with the in crime of prevaricacion this element is NOT necessary performance of official duties 2. It is not bribery if the act is in discharge of a mere moral duty 3.
The fact that the act agreed to be performed is in excess of his power, jurisdiction, or authority is no defense, EXCEPT: In bribery, the gift or present must be given to the public officer to corrupt him 1.
That the offender is a public officer A Mayor, 1. The gift is usually given to the public officer Indirect 2. That he accepts gifts suspension in in anticipation of future favor from the public Bribery 3. That the said gifts are offered to him by reason of his minimum and officer office medium and 2. There must be a clear intention on the part public censure of the public officer to take the gift so Direct Bribery Distinguished from Indirect Bribery: In both, the public officer receives a gift No attempted or property 2.
In direct bribery, there is an agreement between the frustrated 3. Mere physical receipt unaccompanied by any public officer and the giver; in indirect bribery, usually, no indirect bribery other sign, circumstance or act to show such such agreement exists acceptance is NOT sufficient to lead the court 3.
In direct bribery, the offender agrees to perform or to conclude that the crime of indirect bribery performs an act or refrains from doing something, because has been committed of the gift or promise; in indirect bribery, in is NOT 4. People vs. Pamplona pg. That the offender is a public officer or entrusted with law Penalty for Qualified enforcement offense which Bribery 2.
That the offender offers or promises or gives gifts or Same penalties 1. Offender in this article is the giver or offeror Corruption of presents to a public officer imposed upon 2. The public officer sought to be bribed, is not Public 2. That the offers or promises are made or the gifts or officer corrupted criminally liable, unless he accepts the gift or Officials presents given to a public officer, under circumstances that except consents will make the public officer liable for direct bribery or disqualification 3.
Bribery is usually proved by evidence indirect bribery and suspension acquired in entrapment Acts Punishable as Frauds Against Public Treasury: PC medium to 1. Public officer must act in his official capacity Frauds 1. By entering into any agreement with any interested party PM minimum, or — the public officer must have the duty to Against the or speculator or making use of any other scheme, to a fine ranging deal with any person with regard to Public defraud the government, in dealing with any person with from P to furnishing supplies, etc.
Treasury and regard to furnishing supplies, the making of contracts, or P10,, or both 2. The crime of frauds against public treasury is Similar the adjustment or settlement of accounts relating to consummated by merely entering into an Offenses property or funds.
Provisions of agreement with any interested party or 2. By demanding, directly or indirectly, the payment of sums Administrative speculator or by merely making use of any different form or larger than those authorized y law, in the Code — when other scheme to defraud the government collection of taxes, licenses, fees, and other imposts.
It is not necessary that the government is 3. By failing voluntarily to issue a receipt, as provided by law, officer or actually defrauded by reason of the for any sum of money collected by him officially, in the employee of BIR transaction. It is sufficient that the government is 4. By collecting or receiving, directly or indirectly, by way of actually defrauded by reason of the payment or otherwise, things or objects of a nature transaction.
Mere demand for larger or different amount taxes, licenses, fees, and other imposts is sufficient to consummate the crime 6. Collecting officer must issue official receipts Elements of Frauds against Public Treasury: That the offender be public officer 7. That he should have taken advantage of his office, that is, fees than those prescribed by law, the crime he intervened in the transaction in his official capacity committed is estafa and not illegal exaction.
That he entered into an agreement with any interested 8. Tax collector need not account for tax party or speculator or made use of any other scheme with collected regard to furnishing supplies, the making of contracts, or 9.
If a tax collector collected a sum larger than the adjustment or settlement of accounts relating to public that authorized by law and spent all of them property or funds is guilty of 2 crimes; 4. That the accused had intent to defraud the government a. Illegal exaction, for demanding a greater amount Elements of Illegal Exaction: Malversation, for misappropriating the 1.
The offender is a public officer entrusted with the amount extracted collection of taxes, licenses, fees and other imposts In addition to the 1. The public officer must take advantage of his Other Frauds 1. That the offender is a public officer penalties official position 2. That he takes advantage of his official position prescribed in the 2.
That he commits any of the frauds or deceits enumerated provisions of 6, Title 10, Book 2 of this Code: Estafa 10, Book 2 of b. Other Forms of Swindling this Code, the c. Swindling a Minor penalty of TSD in d. Other Deceits maximum to PSD 3. The RTC, and not the MTC, has jurisdiction when this article is involved, regardless of amount or penalty involved because the MTC has not jurisdiction to impose the penalty of disqualification 1.
That the offender is an appointive public officer PC minimum or a 1. The transaction must be one of exchange or Prohibited 2. That he becomes interested, directly or indirectly, in any fine ranging from speculation Transactions transaction of exchange or speculation P to P1,, 2. It is sufficient that the appointive officer has 3. That the transaction takes place within the territory or both an interest in any transaction of exchange or subject to his jurisdiction speculation 4.
That he becomes interested in the transaction during his 3. downloading of stocks or shares in a company incumbency is simply an investment and is not a violation of the article Example of Appointive Public Officer: downloading regularly securities for resale is - justices, judges or fiscals, employees engaged in the speculation collection and administration of public funds 5. Appointive officer should not devote himself to commerce People Liable for Possession of Prohibited Interest: A Mayor medium 1.
Actual fraud is not necessary Possession of 1. Public officer who, directly or indirectly, became interested period to PC 2. Intervention must be by virtue of public Prohibited in any contract or business in which it was his official duty minimum period, office held Interest by a to intervene. An officer who intervenes in contract or Public Officer 2. Experts, arbitrators, and private accountants who, in like from P to transaction which has no connection with his manner, took part in any contract or transaction connected P1,, or both office CANNOT commit the crime defined in with the estate or property in the appraisal, distribution or Article adjudication of which they had acted 3.
Guardians and executors with respect to the property belonging to their wards or estate Embezzlement — also called malversation PC in medium 1. The offender in malversation under this Malversation and maximum — article must be a public officer defined in of Public Acts Punishable in Malversation: By appropriating public funds or property not exceed P 2. Nature of the duties of the public officer, not Property — - includes every attempt to dispose of the same without name of office, is controlling Presumption right PM minimum and 3.
Funds or property must be received in of 2. By taking or misappropriating the same medium — if official capacity Malversation - the funds or property taken need not be amount is more 4.
When a public officer had no authority to misappropriated for it to be consummated than P by not receive the money for the government and 3. Verga property 5. A public officer having only a qualified - negligence must be positive and clearly shown to be PM maximum to charge of government property without inexcusable, approximating malice or fraud RT minimum, if authority to part with physical possession of 4.
By being otherwise guilty of the misappropriation or amount more it unless upon order from his immediate malversation of such funds or property than P6, but superior, cannot be held liable for less than malversation Webster and Wickersham Elements Common to All Acts of Malversation: P12, rulings 1.
That the offender be a public officer 6. Webster and Wickersham cases not 2. That he had the custody or control of funds or property by RT medium and applicable when the accused had authority to reason of the duties of his office maximum, if receive money pertaining to the government 3.
That those funds or property were public funds or property amount more 7. A private person conspiring with an for which he was accountable than P12, but accountable public officer in committing 4. That he appropriated, took, misappropriated or consented less than malversation is also guilty of malversation or, thru abandonment or negligence, permitted another P22, 8. Government funds include revenue funds person to take them and trust funds RT maximum to 9. Private property may be involved in RP if amount malversation To be guilty of Malversation, Public officer must have: The measure of negligence is the standard of 1.
The official custody of public funds or property or the duty care commensurate with the occasion to collect or receive funds due the government, and In malversation not committed thru 2. The obligation to account for them to the government negligence, lack of criminal intent or good faith is a defense Presumption from failure to have duly forthcoming public funds or property upon demand: Prima Facie evidence that he has put such to personal use Presumption may be rebutted The return of the funds is only mitigation, not exempting circumstance When a shortage is paid by the public officer from his pocket, he is not liable for malversation Borrowing money to replace funds — malversation Borrowing money to replace funds — when missing amount is found in some unaccustomed place, he is NOT liable Previous demand is not necessary in malversation in spite of last paragraph of Article Verga indispensable cooperation in complex crime of malversation thru falsification of a public document by reckless negligence Damage to the government is NOT necessary 1.
That the offender is a public officer, whether in the service PC in minimum, 1. Demand for accounting is not necessary Failure of or separated therefrom or fine ranging 2.
That he must be an accountable officer for public funds or from P to is Punishable: Misappropriation is not necessary in order to Render 3.
Criminal Law Reviewer (Art. )
That he is required by law or regulation to render accounts be liable under this article Accounts to the COA, or to a provincial auditor 4. That he fails to do so for a period of two months after such accounts should be rendered 1.
That the offender is a public officer A Mayor or fine The act of leaving the country must be Failure to 2. That he must be an accountable officer for public funds or ranging from unauthorized or not permitted by law Render property P to P1,, Accounts 3.
That he must have unlawfully left or be on the point of or both before leaving the Philippines without securing from COA a Leaving the certificate showing that his accounts have been finally Country settled 1. That the offender is a public officer PC minimum or a 1. The public finds or property must be Illegal Use of 2. That such public fund or property has been appropriated of sum 2. That he applies the same to a public use other than that TSD — if damage Article Both crimes — offenders are accountable law or ordinance embarrassment public officers resulted b.
A Mayor and fine Refusal to make delivery of property must be Failure to 1. Verga Public Funds 2. By refusing to make delivery by a public officer who had or Property been ordered by competent authority to deliver any Under 2nd property in his custody or under his administration paragraph, Fine shall be Elements of Failure to Make Payment: That the public officer has government funds in his value to thing, possession provided that it 2.
That he is under obligation to make payment from such shall not be less funds than P50 3. Private individuals who, in any capacity whatever, have apply 2.
Judicial administrator is not covered by this 2. Administrator or depository of funds or property, attached, article seized or deposited by pubic authority, even if such 4. Private property is included, provided it is property belongs to a private individual attached, seized, or deposited with public authority 1. That the offender is a public officer PC medium and 1. Connivance with the prisoner in his escape is Conniving 2.
That he had in his custody or charge, a prisoner, either maximum and an indispensable element with or detention prisoner or prisoner by final judgment TSD maximum to 2.
Detention Prisoner — person in legal custody, Consenting to 3. That such prisoner escaped from his custody PSD — sentenced arrested for, and charged with, some crime Evasion 4. Release of detention prisoner who could not Classes of Prisoners Involved: Fugitive sentenced by final judgment to any penalty PC minimum and the time fixed by law, is not infidelity in the 2.It precede the long as the offender is still suffering is only required that commission of the from the mental agony brought about the influence thereof crime.
By directly forcing another to commit to whom the a crime by — proposal is made a Using irresistible force. Fraud Craft. Article does not apply to manufacturer Marked 3. Kay Villegas Kami, Inc. Lamahang where the act of removing the panel indicates only at most the intention to enter, he can only be prosecuted for trespass and not robbery.
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