Anti-Piracy and Anti-Highway Robbery (PD 532)

PD 532 Committed by any person, including a passenger or member Philippine waters 4 ACCOMPLICE: (a) Knowingly or in any manner aids or protects, or acquires or receives property taken or in any matter derives any benefit (b) Directly or indirectly abets commission Art. 122 Committed by (non-passengers members) Philippine seas waters strangers or nonor high

aircraft (3) committing crime accompanied by murder, homicide, serious physical injuries, or rape

Arbitrary Detention (art. 124) Public officers whose official duties give them the authority to effect arrest and detain persons Intent to detain Detention unlawful at the outset

Illegal Detention (art. 267) Other kind of public officers, private individuals

Intent to detain

Arbitrary Detention (art. 124) Public officer authorized to arrest and detain Mutiny Offenders members of complement or passengers Raise commotion or protest or go against lawful command of captain Detention cause without lawful

Unlawful Arrest (art. 269) Public individual officer/private

Robbery, Piracy and Mutiny

Robbery Robbery in Uninhabited Place committed banca/ raft crewmember passenger an if in by or Piracy Offenders are outsiders Robbery committed by outsiders

Feigned to arrest without legal cause the purpose of which it to file charge Arrest is penalized

Detention is penalized

Arbitrary Detention (art. 124) No warrant of arrest No legal grounds

Delay in Delivery (art. 125) No warrant of arrest With legal grounds

Anti-Hijacking Law (RA 6235)

Aircraft Philippine Registry Foreign Registry Change course or destination or usurping or seizing control while in flight Land in any part of RP territory or usurping or seizing control, while within RP territory Carrying or loading on board substances that are corrosive, flammable, explosive or poisonous Art. 128 No warrant Art. 129 and 130 Warrant but maliciously obtained or even if issued regularly, abuse in implementation Officer can be held liable for perjury

Passenger Aircraft Operating as Public Utility in RP Cargo Aircraft Operating as Public Utility in RP Qualifying Circumstances

Art. 131 Assembly for legal purpose Officer not a member of assembly

Illegal Assembly (art. 146) Assembly purpose May be assembly not a for legal of

Shipping or loading such substances in a manner not in accordance with rules and regulations of Air Transportation Office (1) firing upon the passenger pilot, crew or

member

(2) exploding or attempting to explode any bomb or explosive to destroy the

Art. 132 and 133

Unjust Vexation

Sedition Exercise of religious manifestations, not quasi religious ceremonies 132 public officer 133 anyone Directed at religious belief itself and act is notoriously offensive Offensive to religion only particular (art. 142) Intent: disturb public performance or create disturbance in a public place Acts employed in 142 Objectives 139 Rise publicly and tumultuously in

Assaults (art. 148)

No public uprising

Rebellion, Coup detat, Sedition Rebellion and Common Crimes New Doctrine: Offenders may be charged for common crimes (e.g. murder, homicide, arson, and other felonies that may be conceivably committed in the course of the rebellion) separately from rebellion and insurrection. Former doctrine (Hernandez, Enrile, etc.): rebellion absorbs common crimes; Article 48 cannot be invoked
Rebellion Rising publicly Multitude of people Does not require Overthrow government Always force violence and Coup detat Swift attack Singly or collectively Require principal participants to be AFP, PNP, etc. Destabilize, immobilize or paralyze govt Not limited to force and violence

Illegal Assemblies and Associations

Illegal Assemblies Mere gathering for unlawful purpose which must relate to crime in RPC RPC only If offense punishable under SPL, no illegal assembly

Illegal Associations Forming of illegal orgn, association, corporation for criminal activities prohibited by RPC and SPL or any act prejudicial to public welfare RPC and SPL

Direct Assault If made while in performance of PAs duty, crime is Direct Assault, whatever his reason may be for attacking. Must be while acting within the SCOPE of his authority

Rebellion Political Use of essential firearm

Sedition Political/social Use of firearm not an essential ingredient

If made when OFF DUTY, motive must be determined: Direct Assault if attack related to past performance No Direct Assault if no such reason Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission (e.g. barangay chairman, members of Lupong Tagapagkasundo, teachers, lawyers and heads of schools) Agent of Person in Authority one who, by direct provision of law, election or appointment

* Cannot be prosecuted for illegal possession of firearm because it is absorbed

Rebellion/Sedition Must take crime part in

Inciting to Rebellion or Sedition Civilians who do not take part

Tumults (art. 153)

Inciting to

Direct

by competent authority, is charged with maintenance of public order and the protection and security of life and property (e.g. barrio vice-lieutenant, barrio councilman & barrio policeman, and any person who comes to the aid of PA) Felonies Committed with Direct Assault Generally, DA is complexed with other crimes resulting from the assault. Only ONE information is prepared. exception: slight (inherent in direct assault) Laying of Hands
Direct Assault Crime: Direct Assault with Less Serious PI By reason of being PA or performance of his function Less Serious Physical Injuries Qualifying circumstance to lay hands upon person in authority Not be reason of his being a person in authority

When the one resisted is PA, the use of any kind or degree of force will give rise to direct assault

If no force is employed by the offender in resisting or disobeying, the crime committed is resistance

Public Disorders 1. must not fall under Articles 131 and 132 (only public officers can commit these crimes) 2. disturbance must be serious, if not serious the crime is alarms and scandals 3. if criminal intent at the OUTSET is to incite listeners to rebellion or sedition, it is not public disorders Alarms and Scandals Charivari mock serenade where the offender actually disturbs the peace by using cans, pans, utensils, etc. Variant Crimes that Discharge of Firearms
Alarms and Scandals

physical

injuries

can

Arise

from

Discharge of firearm in public place but not pointed to a particular person Directed to particular person who was not hit if intent to kill is not proved

Not a PA PA

Aggravating circumstance (art. 14(2)) Direct Assault

Illegal Discharge of Firearms Attempted Homicide/Murde r Physical Injuries Threat Other Light Threat

Direct Assault vs. Resistance or Serious Disobedience

Direct Assault PA or A must be engaged in performance of official duties or assaulted by reason thereof Committed in 4 ways: Attack, Force, Serious intimidation, or Serious resistance Force employed serious and deliberate Force employed not so serious, as there is no manifest intention to defy the law Resistance or Serious Disobedience PA or A must be in actual performance of duties

If person was hit, automatically, crime is attempted homicide/murder if with intent to kill Person was hit and injured but no intent to kill Weapon not discharged but pointed to another Drawn in a quarrel but not in selfdefense Threat was immediate, direct and serious and person is compelled or prevented to do something against his will

Committed in 2 ways: Resisting Seriously Disobeying

Grave Coercion

Variant Crimes in Creating Noise/Annoyance

Alarms and Scandals Unjust Vexation Public in general Directed to a particular person

Evasion of Service of Sentence

Delivery of Prisoners from Jail (Art. 156) Offender not custodian of prisoner Detention prisoner

Evasion of Service of Sentence (Art. 157)

Infidelity in Custody of Prisoner (Arts. 223-225) Offender is custodian who connived in escape or was negligent

whose conviction is not yet final or on appeal (3) by a person rescuing the prisoner from jail who is not the custodian and who may be a civilian or a PO not the custodian

by final judgment (e.g. destierro)

of the prisoner (2) public officer custodian whose negligence caused the evasion (3) private person to whom the custody of the prisoner was confided who consented, connived, or was negligent

Prisoner serving sentence by final judgment

Detention Prisoner Prisoner serving sentence by final judgment

Quasi-Recidivism Mutiny Revolt of subordinates against superiors. Does not include riot (prisoners are not subordinates). Evasion in Article 158 Failure to return. Premium for those who return:
Leaving without returning within time prescribed 1/5 addition to remaining sentence but not more than 6 mos. (1/5 x balance of the sentence to be served) Not leaving Leaving and returning within time prescribed No deduction 1/5 deduction from sentence (1/5 x original sentence)

Special aggravating circumstance that must be alleged in the complaint Falsification

Falsification Documents may or may not be under oath Contents may be true but signature is false Perjury Document must be under oath (required by law to be under oath) Contents in its material aspect must be deliberately false

Complex Crime Falsification

of

Estafa

through

Conditional Pardon
Substantive offense If penalty remitted is 6 years or less, there is a new penalty imposed If penalty remitted is more than 6 years, as the penalty for violation is merely to serve the balance

If public or official or commercial document falsified to commit estafa complex crime If private document no complex crime (either estafa or falsification)
Estafa If estafa can be committed even without resorting to falsification, and falsification was resorted to only to facilitate estafa Falsification If falsification is essential in the commission of estafa such that without falsification, estafa cannot be committed

Not substantive offense

Usurpation of Authority
Delivery of Prisoners from Jail (Art. 156) (1) By detention prisoner if he knew of the plan to make him escape (2) by a convict Evasion of Service of Sentence (Art. 157) (1) By prisoner in confinement by final judgment (2) prisoner not in confinement Infidelity in Custody of Prisoner (Arts. 223-225) (1) By public officer who consented or connived in the escape of convict or detention prisoner and is the custodian Article 177 False pretense RA 10 With or without pretense

Using Fictitious Name

CA 142 (Regulating the Use of Aliases) 1. Except as pseudonym (entertainment purposes and athletic events), no person shall use name other than

original or real name unless recorded in LCR or authorized in court 2. Person desiring to use alias shall apply for judicial authority. No person allowed to secure judicial authority for more than one alias. Requires public use and habituality

established Infidelity of Public Officers Revelation Distinguished from Infidelity: 1. Papers contain Secrets revelation 2. Papers do not contain Secrets Infidelity Infidelity in distinguished Falsification Custody of Document from Malversation and

PUBLIC EXHIBITION
RA 3060 Public exhibition of motion picture not previously passed by Board of Censors Malum prohibitum Article 201 Public showing of indecent or immoral plays, scenes, acts, or shows, not just motion pictures Malum in se

Variant Crimes in Loitering

Vagrancy If estate is not enclosed or fenced, because privacy is not maintained in such case to Estate or premises is uninhabited and there is manifest prohibition of the owner or overseer against entry Person enters fenced or enclosed estate without consent of owner or overseer to hunt, fish or gather plant products

Malversation and Falsification when postmaster received money orders, signed as payee, collected and appropriated the respective amounts Infidelity in Custody of Papers when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit Parricide Legitimate relationship except parent and child Direct line only except spouse BY Blood except for spouse
Parricide Based on relationship Infanticide Based on age of child Strangers or relatives * parricide infanticide Conspiracy applied Separate necessary Conceal mitigating cannot be yields to

Trespass Property

Theft (Attempted, Frustrated or Consummate d)

Direct Bribery Distinguished from Indirect Bribery

Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise Mere consummates agreement Indirect Bribery

Relatives enumerated

Conspiracy applicable Single information

no agreement it is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered Acceptance crime consummates

informations dishonor not

Conceal dishonor mitigating

Use of Fire
Separate crimes of Homicide and Arson Murder Arson aggravated Homicide Homicide by To conceal killing As a means to kill Burn a house but there was a person who was killed Resorted to as a joke (Ppl v.

Presumption of Malversation Rule: when demand is made to account for funds and the same is not forthcoming Provided: no issue as to accuracy, correctness and regularity of audit findings and the fact that funds are missing is indubitably

Pugay)

Special Complex Crimes

Abortion Fetus is still drawing life from mother Umbilical cord not yet cut; or Intra-uterine life of less than 7 mos. and is killed within 24 hours Infanticide Victim is already a person Umbilical cord is already cut and infant is still alive Intra-uterine life of less than 7 mos. and killed after 24 hours

* Effectively eliminated distinction drawn by courts between those cases where the killing, rape or physical injuries was purposely sought by the accused, and those where the same was not deliberately resorted to but was merely an afterthought
Kinds Kidnapping with homicide Kidnapping with rape Not separate crimes in themselves but circumstances which convert kidnapping into special complex crime

Killing by woman to conceal dishonor is extenuating

Serious Insanity, imbecility, impotence, blindness Loss of speech, hearing, smelling Loss of eye, hand, foot, arm, leg Incapacitated for work for which habitually engaged Deformation Lost any other part of body or use thereof Illness or incapacity for work habitually engaged for period of more than 90 days Injuries caused illness or incapacity for labor for more than 30 days not more than 90

Less Serious

Slight

Kidnapping injuries

with

physical

* this rule applicable only if kidnap victim was killed, raped or tortured * if 3rd person killed, raped or tortured, there will be 2 separate offenses * intent is determinative of the special complex crime if intent from the very beginning is to kill, rape or torture crime is not kidnapping but murder/homicide, rape, physical injuries

Kidnapping with Rape Composite if woman kidnapped is also raped At the design outset, no lewd

Forcible Abduction with Rape Complex under art. 48 At the outset, lewd design Rape is also a crime Only one rape complexed, all other rapes are separate crimes If merely attempted rape, only one crime: Forcible Abduction

Rape is circumstance

qualifying

Incapacitated for labor for 10 days or more but not more than 30 days

Incapacitated labor from 1 nine days medical attendance same period

for to or for

Only 1 kidnapping with rape, even if multiple rapes committed If merely attempted rape: 2 separate crimes: Kidnapping and Attempted Rape

Do not prevent him from engaging in habitual work nor require medical attendance Ill-treatment by deed without injury

Kidnapping Intent to liberty/restrain deprive

Grave Coercion Mere curtailment of freedom of movement

Illegal Detention

Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention

Distinguishing Article 267 and Article 270: 1. Article 267 offender is not entrusted with custody 2. Article 270 offender is entrusted with custody of minor Slavery and Kidnapping/Illegal Distinguished: Detention

a. Slavery purpose is to enslave victim b. Kidnapping or Illegal Detention any other purpose Trespass to Dwelling Dwelling Place any building or structure exclusively devoted for rest and comfort
Trespass Dwelling Trespass Property Theft Vagrancy Unjust or vexation to to Inhabited Uninhabited, prohibition clear or manifest

Purpose: fish, harvest, gather If property not fenced, no prohibition to enter

light coercion

Robbery

Intimidation immediate but conditional coupled with demand for money or any consideration ; intent to gain Future and conditional Direct, immediate and personal or serious enough; no intent to gain

Threat Coercion

* This compilation contains the comparison charts of the Rayco Crim2 Memory Aid minus the crimes/elements already in the comprehensive Crim2 reviewer and the DDA. For Dangerous Drugs (RA 9165), just print pages 13-16 of the Memory Aid.