2024 PRE-WEEK – CRIMINAL LAW

FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

1. Explain briefly the different Schools of Thoughts in Criminal Law

a. Classical Theory – the basis of criminal liability of the offender is human free will and
must be punished based on the resulting consequence of his act or omission. The Revised
Penal Code is based on this theory.

b. Positivist Theory – the basis of criminal liability is the sum of social, natural, and
economic phenomena which the actor is exposed to. The offender is considered a sick
individual who needs to be rehabilitated.

Note: The Indeterminate Sentence Law, Probation Law, the three-fold rule, and the rules
on mitigation of crimes apply this theory.

c. Eclectic or Mixed Theory – it is a combination of positivist and classical theory

d. Utilitarian Theory – the primary function of punishment is to protect society from

potential and actual wrongdoers.

2. Explain the Retroactive Effect of Penal Laws and what are the effects of repeal?
The General Rule is that penal laws shall have prospective application only, EXCEPT: When
retrospective application is favorable to the accused, provided that: (1) the offender is NOT a
habitual delinquent; or (2) the new or amendatory law does NOT provide against its
retrospective application.

Exception to the exception: If the accused is a recidivist, a quasi-recidivist or falls under

the circumstance of reiteration, then such offender can still benefit from such retroactive
application.

Effects:

In cases of partial repeal: If the repeal is favorable to the accused, the new law shall be
applied, except when the offender is a habitual delinquent or when the new law is made not
applicable to pending action pre-existing causes of action.

In cases of absolute repeal: Criminal liability is obliterated or erased. The offense no longer
exists and it is as if the person who committed it never did so.

3. What is the Pro Reo Principle?

In dubio pro reo – when in doubt, rule for the accused because of the constitutional
presumption of his innocence until the contrary is proven beyond reasonable doubt.
Accordingly, when a criminal act is penalized by distinct criminal statutes, that penalty which is
favorable to the accused shall be applied (People v. Altubar, G.R. No. 207089 (Notice), February
18, 2015).

4. What are the exceptions to the rule on the suppletory application of the RPC to
Special Laws?

General Rule: RPC provisions are supplementary to special laws.

EXCEPT:

a. Where the special law provides otherwise; and

b. When the provisions of the RPC are impossible of application either by express
provision or by necessary implication.

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i. Should commit an offense while on a Philippine ship or airship – should not be in
territorial waters of another country. Philippine law will only apply if the foreign
country did not assume jurisdiction.
ii. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands; -
forgery is committed by giving to a treasury or bank note the appearance of a true
genuine document or by altering the figures, letters or words contained therein.
iii. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number.
iv. While being public officers or employees, should commit an offense in the exercise
of their functions;
v. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code (RPC Art. 2) – includes crime of treason,
espionage, provoking war, disloyalty in case of war, piracy, mutiny, but not rebellion
(crime against public order and not against national security).

d. Territoriality - Penal laws of the Philippines are enforceable only within its
territory;

Except:
i. Should commit an offense while on a Philippine ship or airship – should not be
in territorial waters of another country. Philippine law will only apply if the foreign
country did not assume jurisdiction.
ii. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands; -
forgery is committed by giving to a treasury or bank note the appearance of a
true genuine document or by altering the figures, letters or words contained
therein.
iii. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number.
iv. While being public officers or employees, should commit an offense in the
exercise of their functions;
v. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code (RPC Art. 2) – includes crime of
treason, espionage, provoking war, disloyalty in case of war, piracy, mutiny, but
not rebellion (crime against public order and not against national security).

e. Prospectivity - Article 21 of the RPC provides that no felony shall be punishable by any
penalty not prescribed by law prior to its commission. Likewise, Article 366 of the RPC
provides that crimes are punished under the laws in force at the time of their commission;

Except: Whenever a new statute dealing with crimes establishes conditions more
lenient or favorable to the accused, it can be given a retroactive effect.

Exceptions to the exception:

a. Where the new law is expressly made inapplicable to pending actions or existing
causes of action;
b. Where the offender is a habitual delinquent under Article 62 (5) of the RPC.

7. John, a citizen of Canada, was serving as a crew member on the MV Arctic

Explorer, a merchant ship registered under the flag of Norway. The ship was on a
voyage from Japan to Norway, navigating through international waters. During its
course, the MV Arctic Explorer entered the Strait of Batanes, which lies within the
territorial waters of the Philippines, for the purpose of innocent passage, as

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9. What are the Objective and Subjective elements of Criminal Liability

Each felony under the RPC has:

a. A "subjective phase," or that portion of the acts constituting the crime included between
the act which begins the commission of the crime and the last act performed by the
offender which, with prior acts, should result in the consummated crime.

b. After that point has been breached, the subjective phase ends and the objective phase
begins.

10. Distinguish the three wrongful acts done which are different from those intended
by the offender.

PRAETER
ERROR IN PERSONAE ABERRATIO ICTUS
INTENTIONEM

The crime committed is Means mistake in the blow, More serious

different from that intended characterized by aiming at consequences not
and where the felony one but hitting the other intended by the offender
committed befalls a due to imprecision in the result from his felonious
different person||| (Wacoy blow.||| (People v. act .||| (Wacoy y Bitol v.
y Bitol v. People, G.R. Nos. Sabalones, G.R. No. People, G.R. Nos. 213792
213792 & 213886, June 22, 123485, [August 31, & 213886 , June 22,
2015) 1998], 356 PHIL 255-306) 2015)

11. Differentiate Proximate Cause from Efficient Intervening Cause.

PROXIMATE CAUSE EFFICIENT INTERVENING CAUSE
Cause which in the natural and continuous Cause that intervenes between the act of the
sequence, unbroken by any efficient accused and the expected injury breaking the
supervening cause, produces a felony, connection of the act and injury and
without which such felony could not have becomes the proximate cause of the injury.
resulted.

12. What are the requisites of impossible crime?

The requisites of an impossible crime are: (1) that the act performed would be an offense
against persons or property; (2) that the act was done with evil intent; and (3) that its
accomplishment was inherently impossible, or the means employed was either inadequate or
ineffectual. (People v. Callao y Marcelino, G.R. No. 228945, March 14, 2018)

13. What are the distinctions between frustrated and an attempted felony?
FRUSTRATED FELONY ATTEMPTED FELONY CONSUMATED FELONY
The offender has performed The elements necessary for
The offender merely
all the acts of execution which its execution and
commences the commission
should produce the felony as accomplishment are
of a felony directly by overt
a consequence. present; and it is frustrated
ats and does not perform all
when the offender performs
the acts of execution.
The reason for the non- all the acts of execution
accomplishment of the crime The reason for the non- which would produce
is some cause fulfillment of the crime is a the felony as a
cause or accident other than consequence but which,
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17. What are instances falling under justifying circumstances?

a. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his
relatives by affinity in the same degrees and those consanguinity within the fourth
civil degree, provided that the first and second requisites prescribed in the next
preceding circumstance are present, and the further requisite, in case the revocation was
given by the person attacked, that the one making defense had no part therein.
b. Anyone who acts in defense of the person or rights of a stranger, provided that
the first and second requisites mentioned in the first circumstance of this Article are
present and that the person defending be not induced by revenge, resentment, or other
evil motive.
c. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;

First, the evil sought to be avoided actually exists;

Second, the injury feared be greater than that done to avoid it;
Third, there be no other practical and less harmful means of preventing it.

d. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
e. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
18. Who are exempt from Criminal Liability?
a. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
b. A person under nine years of age.
c. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
the provisions of Art. 80 of this Code.
d. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
e. Any person who acts under the compulsion of irresistible force.
Note: Passion and obfuscation cannot amount to irresistible force. (Reyes, The Revised
Penal Code: Book One, 2012, p. 235)
f. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.

IRRESISTIBLE FORCE UNCONTROLLABLE FEAR

The offender uses violence or physical The offender employes intimidation or
force to compel another person to threat in compelling another to commit a
commit a crime. crime.

g. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.
Justifying Exempting
Circumstances Circumstances

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There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make.

q. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
r. The crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime, a wall, roof, floor, door, or window
be broken.
s. As a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
t. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means.
u. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.

20. Explain the concept of Alternative Circumstances.

Article 15. Their concept. - Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of
the crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother
or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance
when the offender has committed a felony in a state of intoxication, if the same is not habitual
or subsequent to the plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.

21. What are Absolutory Causes and provide examples?

Absolutory causes are those where the act committed is a crime but for reasons of public policy
and sentiment, there is no penalty imposed.
A. Justifying circumstances
B. Exempting circumstances
C. Other absolutory causes

SPONTANEOUS DESISTANCE DURING THE ATTEMPTED STAGE

Article 6 - The spontaneous desistance of the person who commenced the commission of
a felony before he could perform all the acts of execution (attempted stage), and no crime
under another provision of the RPC or other penal law is committed

LIGHT FELONY IS ONLY ATTEMPTED/FRUSTRATED, AND IS NOT AGAINST

PERSONS OR PROPERTY.
Article 7. When light felonies are punishable. - Light felonies are punishable only when they
have been consummated, with the exception of those committed against person or
property.

ACCESSORY IS A RELATIVE TO THE PRINCIPAL

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INSTIGATION is an absolutory cause.
BASIS. A sound public policy requires that the courts shall condemn instigation by directing
the acquittal of the accused.

ENTRAPMENT is not an absolutory cause.

22. Distinguish the three kinds of principals.

PRINCIPAL BY DIRECT PRINCIPAL BY PRINCIPAL BY
PARTICIPATION INDUCEMENT INDISPENSABLE
COOPERATION
Those who take a direct Directly forcing another to Participate in the criminal
part in the execution of the commit a crime may be resolution, a conspiracy
act. accomplished by: or unity in criminal
(Art. 17, Revised Penal i. using irresistible purpose and cooperation
Code) force, or in the commission of the
ii. causing offense by performing
uncontrollable fear; another act without
which it would not
Directly inducing the have been
commission of a crime may accomplished. (People
be: v. Dulay y Pascual, G.R.
i. by giving a price, No. 193854, [September
reward, or promise, 24, 2012],)
or
ii. by using words of
command. (People
v. Manzanilla y De
Asis, G.R. No.
235787, [June 8,
2020])

Note: The inducement must be made with the intention of procuring the commission of the
crime," and "such inducement must be the determining cause" by the one executing the same.
The utterance of the words "yariin na" taken together with the former statement and the fact
that it was followed by shooting the victim are enough to consider such statements as inciting
words which in this instant case were direct and efficacious, or powerful as the physical or
moral coercion or the violence itself. (People v. Manzanilla y De Asis, G.R. No. 235787, June 8,
2020)

23. When may a person be criminally liable as an accomplice?

To hold a person liable as an accomplice, two elements must concur: (1) community of
design, which means that the accomplice knows of, and concurs with, the criminal design of
the principal by direct participation; and (2) the performance by the accomplice of previous
or simultaneous acts that are not indispensable to the commission of the crime (Saldua vs.
People, G.R. 210920, December 10,2018)

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A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is a proposal when the person who has decided to commit a felony proposes its execution
to some other person or persons.

28. What is the Liability for Multiple Commission of Crimes?

a. Recidivism - Article 14(9)

Article 14. Aggravating circumstances. - The following are aggravating

circumstances:

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.

REQUISITES
1. That the offender is on trial for an offense
2. That he was previously convicted by final judgment of another crime
3. That both the first and the second offenses are embraced in the same
title of the RPC
People v Hodges. Aggravating in a Usury case when the accused was
previously convicted in the same offense. Art 10 provides that RPC is
supplementing special penal laws.

4. That the offender is convicted of the new offense.

b. Habituality - Article 14(10)

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

That the offender has been previously punished by an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.

c. Quasi-recidivism - Article 160

QUASI-RECIDIVISM. Any person who shall commit a felony after having been convicted
by final judgment, before beginning to serve such sentence, or while serving the same,
shall be punished by the maximum period of the penalty prescribed by law for the new
felony.

d. Habitual delinquency - Article 62(5)

HABITUAL DELINQUENCY. When a person, within a period of ten years from the date of
his release or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or
oftener.

Offender is either a recidivist or previously punished for two or more offenses

(habituality)

29. Covid Nineteen, driven by malicious intent and equipped with a fully automatic M-
16 rifle, entered a cinema and unleashed a burst of gunfire on a group of spectators.
This single act of firing resulted in four fatalities, with each individual hit by
separate bullets from the same burst of fire. In response, the prosecution charged

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4. Disloyal acts or words in times of
war
5. Conspiracy to violate preceding
the above acts
6. Harboring or concealing violators
of the law

32. Differentiate Piracy under the RPC vs PD 532?

ESPIONAGE (ART. 117) TREASON (ART. 114)
As to Place of Commission
The vessel is in the Philippine waters. The vessel in the Philippine waters or
high seas.
As to the Person of Offenders
Any person who shall seize the vessel, its Any person who is not a crew
cargo, equipment, or personal member or a complement, who shall
belongings. seize the vessel, its cargo, equipment, or
personal belongings.
Qualifying Circumstances (Qualified Piracy)
1. Seizing a vessel by boarding or
1. Seizing by firing upon or firing upon it;
boarding a vessel; 2. Abandoning victims without
2. Abandoning the victims without means of saving themselves;
means of saving themselves; 3. Accompanied by murder,
3. Rape, murder, homicide, homicide, physical injuries, or
physical injuries or other crimes rape.
as a result or on the occasion of
piracy.
Abettors

Accomplices Accessories

Title Two - Crimes against the Fundamental Law of the State

33. What are the differences between illegal detention, unlawful arrest and arbitrary
detention?
ILLEGAL UNLAWFUL ARREST ARBITRARY
DETENTION (Art. 269) DETENTION
(Art. 267) (Art. 124)
As to offender Public officer or Public officer or Public officer
private individual private individual
As to nature Crime against Crime against Crime against
personal liberty and personal liberty and fundamental law of
security security the land
As to purpose of To deprive the victim To deliver the victim In pursuit of his
arrest and/or of his liberty to the proper judicial authority or duty to
detention authority arrest

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Yes, Daniel Cruz and Pedro Santos are liable for arbitrary detention because they failed in their
respective responsibilities – Daniel for not properly documenting the arrest and transferring
custody, and Pedro for not addressing these oversights during Daniel’s absence, leading to a
significant delay in presenting Juan Santos to the City Prosecutor.

Title Three - Crimes against Public Order

38. Distinguish Treason from Rebellion, Coup d’etat, and Sedition.

TREASON REBELLION COUP D’ETAT SEDITION
Nature National Security Public Order
Overt acts Levying war Public Attack against Rising publicly
against the uprising; authorities, and
government; OR AND military camp, tumultuously
Adherence and Taking up arms networks or (more than 3
giving aid or against the public utilities men who are
comfort to government. or other armed or
enemies. facilities for provided with
power. means of
violence)
Purpose To deliver the Removing To Seize or Violation of the
government to territory, or diminish state public peace or
the enemy during body of armed power. at least such a
war. forces, or course of
depriving the measures as
Chief Executive evidently
or Legislature. engenders it.
Offenders Offender owes Any person The offender Any person
allegiance to the belongs to
Government of military or
the Philippines; holding pub
(a Filipino citizen office/
or Resident alien) employment

39. When do common crimes and offenses under special laws be absorbed in rebellion?
Acts committed in furtherance of rebellion though crimes in themselves are deemed absorbed
in one single crime of rebellion. The act of killing a police officer, knowing too well that the
victim is a person in authority is a mere component or ingredient of rebellion or an act done in
furtherance of the rebellion. It cannot be made a basis of a separate charge. (People v. Dasig,
G.R. No. 100231. April 28, 1993)

Under the political offense doctrine, “common crimes, perpetrated in furtherance of a political
offense, are divested of their character as “common” offenses and assume the political
complexion of the main crime of which they are mere ingredients, and, consequently, cannot
be punished separately from the principal offense, or complexed with the same, to justify the
imposition of a graver penalty.”

Any ordinary act assumes a different nature by being absorbed in the crime of rebellion. Thus,
when a killing is committed in furtherance of rebellion, the killing is not homicide or murder.
Rather, the killing assumes the political complexion of rebellion as its mere ingredient and must
be prosecuted and punished as rebellion alone. (Ocampo vs. Abando, G.R. No. 176830.
February 11, 2014)

40. What are the crimes absorbed in the crime of rebellion?

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duties or on the occasion on such performance, shall be deemed persons in authority
(Art. 152 of RPC).
The following are agents of persons in authority:
a. Any person who by law, election, or appointment is charged with the maintenance of
public order and protection and security of life and property. (Sec. 388, LGC)
b. Any person who comes to the aid of persons in authority.

44. What are the two ways of committing direct assault?

a. By employing force or intimidation for the attainment of any of the purposes
enumerated in defining the crimes of sedition & rebellion.
b. By attacking, by employing force or seriously intimidating or by seriously resisting any
PA or APA, while engaged in the performance of official duties, or on the occasion of
such performance (Art. 148, RPC)

45. Is it possible for a person punished by destierro to commit the crime of Evasion of
Service under Art. 17, RPC, despite the express provision requiring “escape during
imprisonment”?
Yes. Imprisonment or complete deprivation of liberty is not required under Art. 157. RPC. The
word “imprisonment” used in the English text is a wrong or erroneous translation of the phrase
“sufriendo privacion de libertad” used in the Spanish text. Destierro is a deprivation of liberty,
though partial. Hence, a person serving the penalty of destierro may be held liable under Art.
157. In case of doubt, the Spanish text governs (People vs. Abilong, G.R. No. L-1960, November
26, 1948).

46. While in the high-end shopping mall, Andeng and Lenlen got into heated argument
over who should keep the underwear of Ricky which was left in the condo unit that
Andeng gifted to Ricky prior to their break-up. The argument turned into a physical
fight prompting the security guards to call the nearby PO2 Navarete and PO3 Sarza
who are patrolling along EDSA, near the shopping mall. The police arrived and tried
to stop the fight. Once the squabble was over, the police officers asked the women
to go to the police station to file proper complaints. However, the Andeng shouted
at them, "Wala kayo pakialam sa akin, hindi aka sasama sa inyo.” She then grabbed
PO2 Naverete by the collar, slapped his cheek, and kicked his legs several times. To
restrain her, PO2 Navarete held her by the shoulders and brought her to the back
of the patrol car. PO3 Sarza was about to pacify the other women, but they
eventually agreed to go to the police station. The incident was entered in the blotter
and Andeng was detained and charged for direct assault. Was the crime charged
correct?
No. The first element of the offense that the offender (a) makes an attack, (b) employs force,
(c) makes a serious intimidation, or (d) makes a serious resistance To be considered as direct
assault, the laying of hands or the use of physical force against the agent of a person in
authority must be serious.

As clarified in People v. Breis, if the use of physical force against agents of persons in authority
is not serious, the offense is not direct assault, but resistance or disobedience:

The laying of hands or using physical force against agents of persons in authority when not
serious in nature constitutes resistance or disobedience under Article 151, and not direct assault
under Article 148 of the RPC. This is because the gravity of the disobedience to an order of a
person in authority or his agent is measured by the circumstances surrounding the act, the
motives prompting it and the real importance of the transgression, rather than the source of
the order disobeyed. (Mallari vs. People, G.R. No. 224679, February 12, 2020)

Title Four - Crimes against Public Interest

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without the necessity of falsifying a document, the proper crime to be charged is estafa.
(Batulanon v. People, G.R. No. 139857, September 15, 2006)

51. Javier represented himself as a bona fide member of the Philippine National Police
despite being dismissed from the service. He contended that he could not be guilty
of the crime charged because at the time of the alleged commission of the offense,
he was still a police officer who was merely suspended and was not yet informed of
his termination from the service. Is Javier correct?

Yes. The failure of the prosecution to prove that petitioner was duly notified of his dismissal
from the service negatives the charge that he “knowingly and falsely” represented himself to
be a CIS agent. It is essential to present proof that he actually knew at the time of the alleged
commission of the offense that he was already dismissed from the service. A mere disputable
presumption that he received notice of his dismissal would not be sufficient. (Gigantoni vs.
People, G.R. No. 74727, June 16, 1988)

52. Distinguish Public Place from Private Place.

Public Place Private Place
Public View Requirement
Public view is not required Public view or public knowledge is required
Degree of Publicity
Criminal Liability arises irrespective of Degree of publicity is an essential element of
whether the immoral act is open to the the crime
public’s view

Title Seven - Crimes Committed by Public Officers

53. Who are public officers?

To be a public officer, one must be:
1. Taking part in the Performance of public functions in the government, or
performing in said government or in any of its branch public duties as an
employee, agent, and subordinate official of any rank or class.
2. His authority to take part in the performance of public functions or to perform
duties must be:
a. By direct provision of Law;
b. Popular Election; or
c. Appointment by competent authority.

54. What are the differences between Direct Bribery and Indirect Bribery?
Direct Bribery Indirect Bribery
As to act of Public Officer
The public officer receives a gift.
As to Purpose of gift
The act desired by the briber to be done Gifts are offered and received by reason
by the public officer is in connection with of the office.
the performance of the latter’s official
duties.
As to Consummation of the crime
Mere promise of a gift is sufficient. It is necessary that the public officer
actually receives the gifts offered to him
by reason of his office.
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her with a check issued by a reputable company. Ms. Garcia, knowing that the
check is likely to be honored because of the issuer’s reputation, changed the
check, with cash from the government’s funds. The check turned out to be valid
and was successfully cleared. Is Ms. Garcia liable for malversation?

Yes, Ms. Garcia is liable for malversation because she misappropriated government funds
by exchanging them for a private person’s checks, even though the check was valid and
eventually cleared.

60. What are the elements of the crime of kidnapping and serious illegal detention?
Under Article 267 of the RPC, the elements of the crime of Kidnapping and Serious Illegal
Detention are, as follows:
1) the offender is a private individual;
2) he kidnaps or detains another or in any other manner deprives the victim of his liberty;
3) the act of kidnapping or detention is illegal; and
4) in the commission of the offense, any of the following circumstances is present:
a) the kidnapping or detention lasts for more than three days;
b) it is committed by simulating public authority;
c) serious physical injuries are inflicted on the victim or threats to kill are made;
or
d) the person kidnapped or detained is a minor, female or public officer. (People
v. Chan, G.R. No. 226836, December 5, 2018)

61. Is there a complex crime of Estafa through falsification of private oducments?

No, there is no complex crime of estafa through falsification of private document. it is
important to ascertain whether the offender is to be charged with falsification of a
private document or with estafa. If the falsification of a private document is committed
as a means to commit estafa, the proper crime to be charged is falsification. If the
estafa can be committed without the necessity of falsifying a document, the proper
crime to be charged is estafa. (Batulanon v. People, G.R. No, 139857, Sept. 15, 2006)

62. In the course of kidnapping, a victim was killed but the purpose was to extort
ransom, what is the crime committed?
Where the person kidnapped is killed in the course of the detention, regardless of whether the
killing was purposely sought or was merely an afterthought, the kidnapping and murder or
homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but
shall be punished as a special complex crime under the last paragraph of Art. 267, as amended
by RA No. 7659.

Thus, further taking into account the fact that the kidnapping was committed for the purpose
of extorting ransom, accused-appellants' conviction must be modified from Kidnapping and
Serious Illegal Detention to the special complex crime of Kidnapping for Ransom with Homicide.
(People v. Dionaldo y Ebron, G.R. No. 207949, July 23, 2014)

63. When does a public officer becomes liable for kidnapping or serious illegal
detention or slight illegal detention?
Public officers who have no duty to arrest or detain a person, or those who may have such
authority but fail to justify the arrest or detention, may be indicted for kidnapping or serious
illegal detention or slight illegal detention. (Duropan v. People, G.R. No. 230825, June 10, 2020)

64. When does a public officer may be held criminally liable for unlawful arrest?

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Examples: priest, house servant, domestics.
3. Those who abuse their relationship.
Examples: a brother who seduced his sister; ascendant who seduced his descendant (Art.
337, RPC).

70. What is adultery?

Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her knowing her to be married,
even if the marriage be subsequently declared void. (Article 333, Revised Penal Code)

71. Who may be held guilty of concubinage?

Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit
with her in any other place. (Article 334, Revised Penal Code)

72. What is lewd?

The term “lewd” is commonly defined as something indecent or obscene; it is characterized by
or intended to excite crude sexual desire. That an accused is entertaining a lewd or unchaste
design is necessarily a mental process the existence of which can be inferred by overt acts
carrying out such intention, i.e., by conduct that can only be interpreted as lewd or lascivious.
The presence or absence of lewd designs is inferred from the nature of the acts themselves
and the environmental circumstances. (People v. Soria y Gomez, G.R. No. 179031, [November
14, 2012)

73. What is the difference between attempted rape and acts of lasciviousness?
According to People v. Collado, the difference between attempted rape and acts of
lasciviousness lies in the intent of the perpetrator as deduced from his external acts. The
intent referred to is the intent to lie with a woman. 28 Attempted rape is committed when the
"touching" of the vagina by the penis is coupled with the intent to penetrate; otherwise, there
can only be acts of lasciviousness. 29 Thus, the accused's act of opening the zipper and buttons
of AAA's shorts, touching her, and trying to pull her from under the bed manifested lewd
designs, not intent to lie with her. (People v. Dadulla y Capanas, G.R. No. 172321, February 9,
2011)

74. What is the distinction between forcible abduction and rape?

FORCIBLE ABDUCTION RAPE
The elements of the crime of forcible On the other hand, rape under Article 266-A
abduction, as defined in Article 342 of the is committed by having carnal knowledge of
Revised Penal Code, are: a woman by:
1. that the person abducted is any 1. force or intimidation, or
woman, regardless of her age, civil 2. when the woman is deprived of
status, or reputation; reason or is unconscious, or
2. that she is taken against her will; 3. when she is under twelve years of
and age. (People v. Amaro, G.R. No.
3. that the abduction is with lewd 199100, July 18, 2014)
designs.

75. Compare prosecution of acts of lasciviousness under Art. 366 of the RPC and Sec. 5
of RA 7610
ART. 336 SEC. 5 RA 7610
Acts of the accused

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c) Under R.A. No. 10175 or the Cybercrime Prevention Act of 2012, cyber libel as defined in
Article 355 of the Revised Penal Code, as amended, may be committed through a computer
system or any other similar means which may be devised in the future.

For an imputation to be libelous, the following requisites must be present:

a) it must be defamatory;
b) it must be malicious;
c) it must be given publicity; and
d) the victim must be identifiable.
(Soriano v. People, G.R. No. 225010, November 21, 2018)

80. What does publication in libel means?

Publication in libel means making the defamatory matter, after it has been written, known to
someone other than the person to whom it has been written.

A communication of the defamatory matter to the person defamed alone cannot injure his
reputation though it may wound his self-esteem, for a man's reputation is not the good opinion
he has of himself, but the estimation in which other hold him.

In the same vein, a defamatory letter contained in a closed envelope addressed to another
constitutes sufficient publication if the offender parted with its possession in such a way that it
can be read by person other than the offended party.

If a sender of a libelous communication knows or has good reasons to believe that it will be
intercepted before reaching the person defamed, there is sufficient publication.

The publication of a libel, however, should not be presumed from the fact that the immediate
control thereof is parted with unless it appears that there is reasonable probability that it is
hereby exposed to be read or seen by third persons. (Belen v. People, G.R. No. 211120,
February 13, 2017, 805 PHIL 628-673)

81. What is slander?

Slander is libel committed by oral (spoken) means, instead of in writing. The term oral
defamation or slander as now understood, has been defined as the speaking of base and
defamatory words which tend to prejudice another in his reputation, office, trade, business or
means of livelihood.

There is grave slander when it is of a serious and insulting nature. The gravity of the oral
defamation depends not only (1) upon the expressions used, but also (2) on the personal
relations of the accused and the offended party, and (3) the circumstances surrounding the
case.

Indeed, it is a doctrine of ancient respectability that defamatory words will fall under one or
the other, depending not only upon their sense, grammatical significance, and accepted
ordinary meaning judging them separately, but also upon the special circumstances of the case,
antecedents or relationship between the offended party and the offender, which might tend to
prove the intention of the offender at the time. (Villanueva v. People, G.R. No. 160351, April
10, 2006, 521 PHIL 191-210)

82. X was tending her garden when B passed by. She then talked to B and started
blaming her for the garbage B’s children are apparently throwing into her garden.
This prompted a quarrel between the two. In the course of which, B uttered to X,

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It refers to an international organization or union in which the power and influence of
member states transcend national boundaries or interests to share in decision-making
and vote on issues concerning the collective body, i.e. the European Union. (Sec 3,
RA. No. 11479)

87. What are the Punishable Acts of Terrorism?

Subject to Section 49 of RA 11479, terrorism is committed by any person who, within
or outside the Philippines, regardless of the stage of execution:

(1) Engages in acts intended to cause death or serious bodily injury to any person,
or endangers a person's life;
(2) Engages in acts intended to cause extensive damage or destruction to a
government or public facility, public place or private property;
(3) Engages in acts intended to cause extensive interference with damage or
destruction to critical infrastructure;
(4) Develops, manufactures, possesses, acquires, transports, supplies or
uses weapons, explosives or of biological, nuclear, radiological or chemical
weapons; and
(5) Release of dangerous substances, or causing fire, floods or explosions.
(6) Threat to Commit Terrorism – Any person who shall threaten to commit any of
the acts mentioned in Section 4
(7) Planning, Training, Preparing, and facilitating the Commission of
Terrorism - it shall be unlawful for any person to participate in the planning,
training, preparation and facilitation in the commission of terrorism, possessing
objects connected with the preparation for the commission of terrorism, or
collecting or making documents connected with the preparation of terrorism (Sec.
6).
(8) Conspiracy to Commit Terrorism - Any conspiracy to commit terrorism as
defined and penalized under Section 4 of this Act (Sec. 7).
(9) Proposal to Commit Terrorism - Any person who proposes to commit terrorism
as defined in Section 4.
(10) Inciting to Commit Terrorism - Any person who without taking any direct
part in the commission of terrorism, shall include others to the execution of any of
the acts specified in Section 4 hereof by means of speeches, proclamations,
writings, emblems, banners or other representations tending to the same end (Sec.
9).
(11) Recruitment to and Membership in a Terrorist Organization - Any
person who shall recruit another to participate in, join, commit or support terrorism
or a terrorist individual or any terrorist organization, association or group of
persons proscribed under Section 26 of this Act, or designated by the United
Nations Security Council as a terrorist organization, or organized for the purpose
of engaging in terrorism (Sec. 10).
(12) Any person who organizes or facilitates the travel of individuals to a
state other than their state of residence or nationality for the purpose of
recruitment which may be committed through any of the following means:

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b) By a terrorist organization, association, or group, or
c) by an individual terrorist. (Sec. 4)

90. Can a corporate body be held liable for the crime?

Yes. If the offender is a corporation, association, partnership or any juridical person,
the penalty shall be imposed upon the responsible officers, as the case may be, who
participated in, or allowed by their gross negligence, the commission of the crime or
who shall have knowingly permitted or failed to prevent its commission. If the offender
is a juridical person, the court may suspend or revoke its license. If the offender is an
alien, the alien shall, in addition to the penalties herein prescribed, be deported without
further proceedings after serving the penalties herein prescribed. (Sec. 9)

PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,

GENOCIDE AND OTHER CRIMES AGAINST HUMANITY — R.A. NO. 9851

91. What is the scope of Jurisdiction of the State under R.A No. 8851?
The State shall exercise jurisdiction over persons, whether military or civilian,
suspected or accused of a crime defined and penalized in this Act, regardless of where
the crime is committed, provided, any one of the following conditions is met:
(1) The accused is a Filipino citizen;
(2) The accused, regardless of citizenship or residence, is present in the Philippines;
or
(3) The accused has committed the said crime against a Filipino citizen.

The Regional Trial Court of the Philippines shall have original and exclusive jurisdiction
over the crimes punishable under this Act. Their judgments may be appealed or
elevated to the Court of Appeals and to the Supreme Court as provided by law.

The Supreme Court shall designate special courts to try cases involving crimes
punishable under this Act. For these cases, the Commission on Human Rights, the
Department of Justice, the Philippine National Police or other concerned law
enforcement agencies shall designate prosecutors or investigators as the case may be.
(Sec.17)

92. What are war crimes under R.A No. 8851?

a) In case of an international armed conflict (i.e. between or among states),
grave breaches of the four Geneva Conventions of 12 August 1949, any of the
following acts against persons or property protected under provisions of the
relevant Geneva Convention:

1) Willful killing;
2) Torture or inhuman treatment, including biological experiments;
3) Willfully causing great suffering, or serious injury to body or health;
4) Extensive destruction and appropriation of property not justified by
military necessity and carried out unlawfully and wantonly;
5) Willfully depriving a prisoner of war or other protected person of the rights
of fair and regular trial;
6) Arbitrary deportation or forcible transfer of population or unlawful
confinement;
7) Taking of hostages;

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deal in any article, item, object or anything of value which he knows, or should be known to
him, to have been derived from proceeds of the crime of robbery or theft. (Sec. 2 [a], P.D.
1612)

97. Who is considered a “Fence”?

This includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing. (Sec. 2[b])

If the fence is a partnership, firm, corporation or association, the president or the manager or
any of the officers thereof who knows or should have known the commission of the offense
shall be liable. (Sec. 4)

98. What is the presumption on fencing?

Mere possession of any good, article, item, object, or anything of value which has been the
subject of robbery or thievery shall be prima facie evidence of fencing. (Sec. 5, P.D. 1612)

99. Is the presumption on fencing absolute?

No, it is not absolute. The presumption will not lie when, before the sale to the public, necessary
clearance or permit are secured from the Integrated National Police Station Commander of the
town or city where stores, establishments, or entities are located, which deal in the buy and
sell of any good, article, item, object or anything of value obtained from an unlicensed dealer
or supplier. (Sec. 6, P.D. 1612)

NEW ANTI-CARNAPPING ACT OF 2016

[REPUBLIC ACT NO. 10883] NEW ANTI-CARNAPPING ACT OF 2016 Repealing
Republic Act (R.A.) No. 6539 AN ACT PREVENTING AND PENALIZING
CARNAPPING

100. What is a motor vehicle?

Motorcycle is any vehicle propelled by any power other than muscular power using the
public highways, except road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on
public highways; vehicles which run only on rails or tracks; and tractors, trailers and
traction engines of all kinds used exclusively for agricultural purposes (Sec. 2e, R.A.
No. 10883).

NOTE: Trailers having any number of wheels, when propelled or intended to be

propelled by attachment to a motor vehicle, shall be classified as a separate motor
vehicle with no power rating.

101. What are the acts criminalized under RA No. 10883?

a) Defacing or Tampering with a Serial Number - Refers to the altering,
changing, erasing, replacing or scratching of the original factory inscribed serial
number on the motor vehicle engine, engine block or chassis of any motor
vehicle. (Sec. 2b, R.A. No. 10883)

NOTE: Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicles imported into the

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3. That the taking is without the Consent of the owner thereof; or that
the taking was committed by means of Violence against or Intimidation of
persons, or by using Force upon things; and
4. That the offender intends to Gain from the taking of the vehicle. (People
vs. Lagat, G.R. No. 187044, September 14, 2011)

b. Concealment of Carnapping – any person who conceals carnapping shall

be punished with imprisonment of six years up to 12 years and a fine equal to
the amount of the inquisition cost of the motor vehicle, motor vehicle engine,
or any other part involved in the violation; provided, that if the violator is a
juridical person, the penalty herein provided shall be imposed on its president,
secretary, and/or members of the board of directors or any of its officers and
employees who may have directly participated in the violation. (Sec. 4, [par.
1], R.A. No. 10883)

NOTE: Any public official or employee who directly commits the unlawful acts
defined in this Act or is guilty of gross negligence of duty or connives with or
permits the commission of any of the said unlawful act shall, in addition to the
penalty prescribed, be dismissed from the service, and his benefits forfeited,
and shall be permanently disqualified from holding public office. (Sec. 4 [par.
2], R.A. No. 10883)

Comprehensive Firearms and Ammunition Regulation Act R.A. No. 10591

103. What are the essentials elements in the prosecution for the crime of illegal
possession of firearms?

The essential elements in the prosecution for the crime of illegal possession of firearms, which
include explosives, ammunitions or incendiary devices, are: (a) the existence of subject firearm,
and (b) the fact that the accused who possessed or owned the same does not have the
corresponding license for it.

In the crime of illegal possession of firearms, the corpus delicti is the accused's lack of license
or permit to possess or carry the firearm, as possession itself is not prohibited by law. To
establish the corpus delicti, the prosecution has the burden of proving that the firearm exists
and that the accused who owned or possessed it does not have the corresponding license or
permit to possess or carry the same. However, even if the existence of the firearm must be
established, the firearm itself need not be presented as evidence for it may be established by
testimony, even without the presentation of the said firearm. (People v. Olarte, G.R. No.
233209, March 11, 2019)

104. The prosecution did not submit a negative certification from the PNP to
show that the accused did not have a license. Does the admission the accused he
does not have a licensed to possess a firearm and non-application sufficient to
produce a conviction?

Yes. In a line of cases, the Court considered judicial admissions as proof of the accused's lack
of license to possess a firearm as long as there is no showing that they were made through
palpable mistake, or that they were not, in fact made. In those cases, the Court affirmed the
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Safe Harbor Exception. — Access, possession and recording of any CSAEM of any person for
the purpose of complying with the duties under this Act; the reporting to government
authorities; legitimate investigation and administration of the criminal justice system; and
legitimate policy, scholarly and academic purposes with requisite ethical clearance, shall not be
subject to any civil, criminal, or administrative liability.

108. Can this Act be committed by a syndicate or in large-scale?

Any violation of this Act shall be deemed to have been committed by a syndicate if carried out
by a group of three (3) or more persons conspiring or confederating with one another. If the
crime was committed against three (3) or more persons, it shall be considered as large-scale
violation of this Act.

Anti-Photo and Video Voyeurism Act of 2009 - R.A. No. 9995

109. What is a Photo or Video Voyeurism?

It is the act of taking photo or video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of the private area of a person or
persons without the latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or
similar activity through VCD/DVD, internet, cellular phones and similar means or device without
the written consent of the person/s involved, notwithstanding that consent to record or take
photo or video coverage of same was given by such person. (Sec. 3 [d], R.A. 995).

110. What are the Prohibited Acts in R.A. 9995?

The prohibited acts are the following:

a. To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the 81
person/s has/have a reasonable expectation of privacy; (Sec. 4 [a], R.A. 995)
b. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or
recording of sexual act or any similar activity with or without consideration; (Sec. 4
[b], R.A. 995)
c. To sell or distribute, or cause to be sold or distributed, such photo or video or recording
of sexual act, whether it be the original copy or reproduction thereof; or (Sec. 4 [c],
R.A. 995)
d. To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device. (Sec. 4 [d], R.A. 995)

111. When does a person have a reasonable expectation of privacy?

A person has a reasonable expectation of privacy under circumstances in which a reasonable

person would believe that he/she could disrobe in privacy, without being concerned that an
image or a private area of the person was being captured; or circumstance in which a
reasonable person would believe that a private area of the person would not be visible to the
public, regardless of whether that person is in a public or private place. (Sec. 3, R.A. 9995)

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g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of
a person held to a condition of involuntary servitude, forced labor, or slavery.
h) For internet intermediaries to knowingly or by gross negligence allow their internet
infrastructure to be used for the purpose of promoting trafficking in persons;
i) For internet cafes, kiosks, and hotspots, including establishments offering Wi-Fi access
services to the public, to knowingly or by gross negligence allow their facilities to be used
for the purpose of promoting trafficking in persons;
j) For financial intermediaries, including banks and credit card companies and money
transfer or remittance centers, to knowingly or by gross negligence allow their services,
online platform and applications, among others, to be used for the purpose of promoting
trafficking in persons;
k) To knowingly or by gross negligence facilitate, assist, or help in the entry into the country
of persons who are convicted sex offenders whether at international and local airports,
territorial boundaries, and seaports for the purpose of promoting trafficking in persons;
or
l) To arrange, facilitate, expedite, or cause the introduction or encounter of persons who
are suspected or convicted sex offenders in any jurisdiction, to a child. The actual
introduction or encounter need not occur to be liable under this provision. It is enough
that there is a deliberate attempt to cause the introduction or encounter." (Strengthening
the Policies on Anti-Trafficking in Persons, Amending for the Purpose Republic Act No.
9208, as Amended, Republic Act No. 11862, June 23, 2022)

Anti-Violence Against Women and their Children Act of 2004 - R.A. No. 9262

114. What are the elements of Violence against Women through harassment?
The elements of the crime of violence against women through harassment are:
1. The offender has or had a sexual or dating relationship with the offended woman;
2. The offender, by himself or through another, commits an act or series of acts of harassment
against the woman; and 3. The harassment alarms or causes substantial emotional or
psychological distress to her. (Ang vs. Court of Appeals, G.R. No. 182835, April 20, 2010)

115. What are the limiting qualifications for an act or series of act to be
considered as a crime of violence against women through physical harm?

The law on violence against women and their children specifies two limiting qualifications for
any act or series of acts to be considered as a crime of violence against women through physical
harm, namely: 1) it is committed against a woman or her child and the woman is the offender’s
wife, former wife, or with whom he has or had sexual or dating relationship or with whom he
has a common child; and 2) it results in or is likely to result in physical harm or
suffering.(Dabalos vs. RTC Branch 59 Angeles City, G.R. No. 193960, January 7, 2013)

116. May a foreign national be held criminally liable under R.A. No. 9262 for his
unjustified failure to support his minor child?

Yes. The deprivation or denial of financial support to the child is considered an act of violence
against women and children.

In addition, considering that respondent is currently living in the Philippines, we find strength
in petitioner's claim that the Territoriality Principle in criminal law, in relation to Article 14 of the
New Civil Code, applies to the instant case, which provides that:"[p]enal laws and those of
public security and safety shall be obligatory upon all who live and sojourn in Philippine territory,
subject to the principle of public international law and to treaty stipulations." On this score, it

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is what the proponent claims it to be. It would include testimony about every link in the chain,
from the moment the item was picked up to the time it is offered into evidence, in such a way
that every person who touched the exhibit would describe how and from whom it was received,
where it was and what happened to it while in the witness’ possession, the condition in which
it was received and the condition in which it was delivered to the next link in the chain. These
witnesses would then describe the precautions taken to ensure that there had been no change
in the condition of the item and no opportunity for someone not in the chain to have possession
of the same. (People v. Lim y Miranda, G.R. No. 231989, September 4, 2018)

122. What are the links in the chain of custody that must be established?
The links in the chain of custody that must be established are: (1) the seizure and marking, if
practicable, of the illegal drug recovered from the accused by the apprehending officer; (2) the
turnover of the seized illegal drug by the apprehending officer to the investigating officer; (3)
the turnover of the illegal drug by the investigating officer to the forensic chemist for laboratory
examination; and (4) the turnover and submission of the illegal drug from the forensic chemist
to the court. (People v. Lim y Miranda, G.R. No. 231989, [September 4, 2018)

123. May an accused charged of violation of Sec. 11, under RA 9165 avail of the
plea-bargaining provision of the Rules of Court?

Yes. As a way of disposing criminal charges by agreement of the parties, plea bargaining is
considered to be an "important," "essential," "highly desirable," and "legitimate" component of
the administration of justice (Estipona, Jr. y Asuela v. Lobrigo, G.R. No. 226679, [August 15,
2017], 816 PHIL 789-820)

Cybercrime Prevention Act of 2012 (R.A. No. 10175, secs. 4-7)

124. What is Libel under RA 10175?

Libel refers to the unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar means
which may be devised in the future. Section 4(c)(4), RA 10175 only penalizes online libel as
valid and constitutional with respect to the original author of the post; but void and
unconstitutional with respect to others who simply receive the post and react to it.

Special Protection of Children Against Abuse, Exploitation, and Discrimination Act - R.A.
No. 7610, as amended by R.A. Nos. 9231 and 11648

125. Who are “children” under R.A. 7610?

Children refers to person below eighteen (18) years of age or those over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or condition (Sec. 3[a], RA 7610).

126. When does laying of hands constitute child abuse?

Only when the laying of hands is shown beyond reasonable doubt to be intended
by the accused to debase, degrade or demean the intrinsic worth and dignity of the
child as a human being should it be punished as child abuse. Otherwise, it is punished under
the Revised Penal Code. (Bongalon v. People, G.R. No. 169533, March 20, 2013, 707 PHIL 11-
23)

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LAW
130.Accused-appellant, armed with a kitchen knife, suddenly pulled the arm and
ordered AAA, a minor, 14 years old, to climb to a wooden bed and forcibly removed
her panty and shorts and lied on top of her thereby commencing the commission of
Rape but was not able to consummate Rape by reason of the arrival of BBB, the
mother of AAA who beat accused-appellant with a piece of wood. Should accused-
appellant be found guilty of one count of Rape committed against the minor victim
as defined under Article 266-A, Paragraph 1(a) of the RPC in relation to R.A. 7610?

Accused-appellant should be held criminally liable for one count of Rape defined under Article
266-A, Paragraph 1(a), penalized under Article 266-B of the RPC. The correlation to RA 7610
is deleted. People v. Tulagan explains the ratio for a correct designation of offenses under
Article 266-A, Paragraph 1(a) and Article 266-B of the RPC and not under RA 7610:

Assuming that the elements of both violations of Section 5(b) of R.A. No. 7610 and of Article
266-A, paragraph 1(a) of the RPC are mistakenly alleged in the same Information – e.g., carnal
knowledge or sexual intercourse was due to "force or intimidation" with the added phrase of
"due to coercion or influence," one of the elements of Section 5(b) of R.A. No. 7610; or in
many instances wrongfully designate the crime in the Information as violation of "Article 266-
A, paragraph 1 (a) in relation to Section 5(b) of R.A. No. 7610," although this may be a ground
for quashal of the Information under Section 3(f) of Rule 117 of the Rules of Court – and
proven during the trial in a case where the victim who is 12 years old or under 18 did not
consent to the sexual intercourse, the accused should still be prosecuted pursuant to the RPC,
as amended by R.A. No. 8353, which is the more recent and special penal legislation that is
not only consistent, but also strengthens the policies of R.A. No. 7610. Indeed, while RA. No.
7610 is a special law specifically enacted to provide special protection to children from all forms
of abuse, neglect, cruelty, exploitation and discrimination and other conditions prejudicial to
their development, We hold that it is contrary to the legislative intent of the same law if the
lesser penalty (reclusion temporal medium to reclusion perpetua) under Section 5(b) thereof
would be imposed against the perpetrator of sexual intercourse with a child 12 years of age or
below 18.

Article 266-A, paragraph 1(a) in relation to Article 266-B of the RPC, as amended by R.A. No.
8353, is not only the more recent law, but also deals more particularly with all rape cases,
hence, its short title "The Anti-Rape Law of 1997." R.A. No. 8353 upholds the policies and
principles of R.A. No. 7610, and provides a "stronger deterrence and special protection against
child abuse," as it imposes a more severe penalty of reclusion perpetua under Article 266-B of
the RPC. (People v. XXX, G.R. No. 225781, November 16, 2020, J. Hernando)

131. Thor is a senior high school student who celebrated his 18th birthday on
December 17. Unknown to his friends and classmates, Thor is suffering from
bipolarism, a mental disorder of which he was diagnosed by a clinical psychiatrist
since he was 12 years old. This fact was kept secret by her parents to the school
teachers and officials. On Thor’s birthday, Loki, who was a bully, encouraged Thor
about the “fun” of raping another classmate, Jane Foster. Loki is 3 months older
than Thor. The two agreed to kidnap Jane and bring her to an uninhabited sawmill
to fulfill their plan. A day later, Thor chanced upon Jane in an alley. Being big and
burly, he overempowered Jane and forced her into his car where Loki was waiting.
They brought her to the sawmill where they repeatedly raped her for one day.
Closely guarding Jane, the three would at times go to the nearest convenience store
to buy food. The next day, they let her go with a warning that she would not tell
anybody, or else they would kill her. Jane kept the incident of rape unto herself,
until after a week later she got sick and died. During autopsy, it was found out that
she had internal bleeding in her uterus caused by some blunt object. What crime
did Thor and Loki commit?

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An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining the Commission of Statutory Rape - R.A.
No. 11648

134. What is the age for determining the commission of statutory rape?

To be considered:
When the offended party is under sixteen (16) years of age or is demented, even though none
of the circumstances mentioned above be present: Provided, That there shall be no criminal
liability on the part of a person having carnal knowledge of another person under sixteen (16)
years of age when the age difference between the parties is not more than three (3) years,
and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative:
Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not
apply. (Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse,
Increasing the Age for Statutory Rape, Amending Act No. 3815, RA No. 8353 and RA No. 7610,
Republic Act No. 11648, March 4, 2022)

135. What is qualified seduction?

Article 337. Qualified seduction. — The seduction of a minor, sixteen and over but under
eighteen years of age, committed by any person in public authority, priest, home-servant,
domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the minor seduced, shall be punished by prision correccional in its
minimum and medium periods.

Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein." (Providing
for Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age
for Statutory Rape, Amending Act No. 3815, RA No. 8353 and RA No. 7610, Republic Act No.
11648, March 4, 2022)

Juvenile Justice and Welfare Act - R.A. No. 9344, as amended by R.A. No. 10630

136. Distinguish intervention from diversion.

INTERVENTION DIVERSION
Refers to a series of activities which are Refers to an alternative, child-
designed to address issues that caused the appropriate process of determining the
child to commit an offense. It may take the responsibility and treatment of a child
form of an individualized treatment conflict with the law on the basis of
program which may include counselling, his/her social, cultural, economic,
skills training, education, and other psychological or educational
activities that will enhance his/her background without resorting to formal
psychological, emotional and psycho-social court proceedings.
well-being.
This is available to a child 15 years old or This process governs when the child is
less at the time of the commission of the over 15 years old but below 18 at the
crime or although over 15 but below 18 time of the commission of the crime and
years old at the time of commission of the he acted with discernment.
crime, the child acted without
discernment.

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138. Can probation be an alternative in lieu of imprisonment?

Yes. The court may, after it shall have convicted and sentenced a child in conflict with the law,
and upon application at any time, place the child on probation in lieu of service of his/her
sentence considering the best interest of the child. (Sec. 42, R.A. No. 9344)
139. The accused was seventeen (17) years old when the buy-bust operation
took place or when the said offense was committed, but was no longer a minor at
the time of the promulgation of the RTC's Decision. Is he entitled to a suspension
of his sentence under Sections 38 and 68 of RA 9344?
Yes. However, while Section 38 of RA 9344 provides that suspension of sentence can still be
applied even if the child in conflict with the law is already eighteen (18) years of age or more
at the time of the pronouncement of his/her guilt, Section 40 of the same law limits the said
suspension of sentence until the child reaches the maximum age of 21. If said child in conflict
with the law has reached eighteen (18) years of age while under suspended sentence, the
court shall determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain specified period or
until the child reaches the maximum age of twenty-one (21) years. (People v. Mantalaba, G.R
No. 186227, July 20,2011)

Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by B.P. Blg. 195 and
R.A. No. 10910
140. What are the elements of Causing any undue injury to any party, including
the Government, or giving any private party any unwarranted benefits, advantage
or preference in the discharge of his official administrative or judicial functions
through manifest partiality, evident bad faith or gross inexcusable negligence?

Violation of Section 3 (e) of RA 3019 requires the following elements:

(1) the accused must be a public officer discharging administrative, judicial, or official functions
or a private individual acting in conspiracy with such public officers; (2) the accused acted with
manifest partiality, evident bad faith, or inexcusable negligence; and (3) the action caused any
undue injury to any party, including the government, or gave any private party unwarranted
benefits, advantage, or preference in the discharge of his or her functions. (People v. Crisologo,
G.R. No. 253327, June 27, 2022)

141. What are the 3 distinct acts under Sec. 3(b) of RA 3019?

Section 3(b) of RA 3019 penalizes three distinct acts — (1) demanding or requesting; (2)
receiving; or (3) demanding, requesting and receiving — any gift, present, share, percentage,
or benefit for oneself or for any other person, in connection with any contract or transaction
between the government and any other party, wherein a public officer in an official capacity
has to intervene under the law. These modes of committing the offense are distinct and
different from each other. Proof of the existence of any of them suffices to warrant conviction.
The lack of demand is immaterial. After all, Section 3(b) of RA 3019 uses the word or between
requesting and receiving. (Peligrino v. People, G.R. No. 136266, [August 13, 2001)

142. What provision under Anti-Graft and practices act or RA 3019 may be
violated when a government official use his influence to obtain employment for his
brother-in-law or when his brother-in-law is employed in a company which has
regular business with his office?

Under Section 3(d) of R.A. No. 3019, as amended, mere acceptance by a member of his family
of employment with a private enterprise which has pending official business with the official
involved is considered a corrupt practice. (Valera v. Office of the Ombudsman, G.R. No. 167278,
February 27, 2008)

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the law, a 'pattern' consists of at least a combination or series of overt or criminal acts
enumerated in subsections (1) to (6) of Sec. 1 (d).Secondly, pursuant to Sec. 2 of the law, the
pattern of overt or criminal acts is directed towards a common purpose or goal which is to
enable the public officer to amass, accumulate or acquire ill-gotten wealth. And thirdly, there
must either be an 'overall unlawful scheme' or 'conspiracy' to achieve said common goal. As
commonly understood, the term 'overall unlawful scheme' indicates a 'general plan of action or
method' which the principal accused and public officer and others conniving with him, follow
to achieve the aforesaid common goal. In the alternative, if there is no such overall scheme or
where the schemes or methods used by multiple accused vary, the overt or criminal acts must
form part of a conspiracy to attain a common goal. (Estrada v. Sandiganbayan, G.R. No.
148560, [November 19, 2001)

148. What are the two nuances of appreciating conspiracy in Plunder?

The wheel conspiracy occurs when there is a single person or group (the hub) dealing
individually with two or more other persons or groups (the spokes).The spoke typically interacts
with the hub rather than with another spoke. In the event that the spoke shares a common
purpose to succeed, there is a single conspiracy. However, in the instances when each spoke
is unconcerned with the success of the other spokes, there are multiple conspiracies.

The chain conspiracy recognized in Estrada v. Sandiganbayan exists when there is successive
communication and cooperation in much the same way as with legitimate business operations
between manufacturer and wholesaler, then wholesaler and retailer, and then retailer and
consumer. This involves individuals linked together in a vertical chain to achieve a criminal
objective. (Macapagal-Arroyo v. People, G.R. Nos. 220598 & 220953, [July 19, 2016)

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