crim2 midterms ursua

8/8/2019 Crim2 Midterms Ursua

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CRIMINAL LAW 2 MIDTERMS REVIEWER| 1

264. Administering injurious substances or beverages.

- That the offender inflicted upon another any serious physical

injury.

- It was done by knowingly administering any injurious substance or

beverage or by taking advantage of his weakness or credulity

- With no intent to kill

1. With intent to kill = murder. Adminster = make the person

ingest the substance or beverage

265. Less serious physical injuries

- Offended party is incapacitated from labor or needs medical

assistance from 10<30 days.

- Physical injuries sustained were not described in preceding

articles.

1. Qualified by:

a. Fine with AM as penalty

i.

Manifest intent to insult or offend theinjured person

ii. Ignominy is present

b. Higher penalty if the victim

i. Is the offenders parents, ascendants,

guardians, curators or teachers

ii. Persons or rank or in authority, provided

the crime does not amount to direct

assault.

2. Medical attendance OR incapacity from labor may be

counted, not both. If neither is present, it is only slight

physical injuries. Actual medical attendance is needed.

266. Slight physical injuries and maltreatment

- Three kinds of slight physical injuries:

o Incapacity from labor OR medical attendance from 1-9

days

o Physical injuries that did not require medical attendanceor result to incapacity to work.

o Ill-treatment of another without any injury or causing

dishonour (could become slander by deed)

1. Without any proof of the period of medical attendance

or incapacity from labor, only slight physical injuries is

charged.

266-A. Rape

Rape under paragraph 1 (sexual intercourse, need to prove penetration, no

matter how slight because it consummates the crime)

- Offender is a man

- Who had carnal knowledge of a woman

- Accomplished by any of the following:

o With force or intimidation

Need to establish manifest and tenacious

resistance BUT once the victim gives up it does

not necessarily mean consent. The intimidation

here must be viewed as creating fear in the

mind of the victim.

If moral ascendancy or influence of the offender

is proven, it replaces physical force intimidation,

such as when the offender is the parent or

guardian of victim.

o Woman is deprived of reason or otherwise unconscious

Victim has no will

o By means of fraudulent machinations or grave abuse of

authority

o When the woman is <12 yrs old or demented




- Man is married legally

- Committed any of the following acts

o Kept a mistress in the conjugal dwelling No need to prove actual intercourse

Woman must be taken into the conjugal

dwelling (house of husband and wife even if the

latter be absent temporarily) as a concubine

o Having sexual intercourse under scandalous

circumstances with a woman not his wife

Offensive element to other people so it must be

attested to by neighbours etc

o Cohabiting with her anywhere

To dwell together as husband and wife for some

period of time

- As regards woman, she must know the man to be married.

1. Husband is not liable for mere sexual relations with a woman

other than his wife; exclusive listing of acts that would make him

liable.

336. Acts of lasciviousness (no intercourse)

- Offender commits an act of lasciviousness

- Against a person of either sex

- Committed under the following:

o With force or intimidation

o Woman is deprived of reason or otherwise unconscious

o By means of fraudulent machinations or grave abuse of

authority

o When the woman is <12 yrs old or demented

1. Lewd designs: obscene and lustful. Can be inferred from the

a. Manner

b. Time

c. Place of commission of the crime

i. Public place, daytime, etc seems to negate lewd

designs

2. Moral compulsion that subdues will of the woman is enough toreplace intimidation or physical force. There is only consummated

acts of lasciviousness.

3. Desistance by the offender in an attempted rape may lower the

charge to simply acts of lasciviousness only.

Seduction: enticing a woman to unlawful sexual intercourse by promise of

marriage or other means of persuasion without using force.

337. Qualified seduction

- Offended party is a virgin (presumed if unmarried and of good

reputation)

- 12<18 yrs old

- Offender had sexual intercourse with her

- Abuse of authority, confidence or relationship by offender

o Seduction by relatives

o By certain persons such as priest, teacher, domestic

(anyone else living in the household) etc.

1. Deceit not an element here because abuse of authority etc is

already enough. But if one element of rape is introduced, it is no

longer QS.

338. Simple seduction

- Offended party is 12<18 yrs old

- Of good reputation, single or widow.

- Offender had sexual intercourse with her

- By means of deceit.

1. Virginity no longer required.




- Offender is private individual

- Who kidnaps or detains another or in any manner deprives him of

his liberty- Detention is illegal

- Crime not attended to by any of the aforementioned

circumstances

1. Privileged mitigating circumstance

a. Detainee released within three days

b. Purpose intended for detention not attained

c. Criminal action has not yet been filed against offender

269. Unlawful arrest

- Any person arrests or detains another

- Purpose of the offender is to deliver the detainee to proper

authorities

- Arrest or detention is not authorized by law or has no reasonable

ground

K idnapping of minors

270. Kidnapping and failure to return a minor

- Offender is entrusted with the care and custody of a minor

- Who deliberately fails to return the minor to his parents or

guardians

271. Inducing a minor to abandon his home

- Minor lives in the home of his parents, guardian or person with

custody

- Offender induces the minor to leave such home

o Actual inducement

o With criminal intent

o With will to cause damage

- Very act of inducement is punishable even if the minor did notleave

- Parent who has no legal custody over the child may commit this

crime if he induces such child to leave the abode of the other

spouse

272. Slavery

- Offender purchases, sells, kidnaps or detains another

- For the purpose of enslaving him or her

- Qualified by: for the purpose of assigning the victim to some

immoral traffic, which means highest penalty

1. Check the purpose of the offender to make distinction

273. Exploitation of child labor

- Offender retains a minor in his service

- Against the will of said minor

- Under the pretext of reimbursing himself of a debt incurred by an

ascendant, guardian or person entrusted with custody of the

minor

1. Consent of the minor = defense

274. Services in payment of debt

- Offender compels a debtor to work for him either as a household

helper or farm labourer

- Against the debtors will

- For the purpose of enforcing payment for a debt

o Exclusive listing of either household helper of farm

labourer only

C rimes against security




Blackmail: unlawful extortion of money by threats of accusation or

exposure.

357. Prohibited publication of acts referred to in the course of official

proceedings (Gag Law)

- Offender is a reporter, editor or manager of a newspaper daily or

magazine

- Who publishes facts connected with the private life of another

- That are offensive to the honor, virtue and reputation of said

person

o Cases like adultery, legitimacy of children etc.

358. Slander (Oral defamation)

Grave slander (when of a serious and insulting nature) and simple slander.

The offended party need not have heard the slander. Judicial discretion is

used to determine the gravity of the offense

- Expressions used

- Personal relations of the accused and the offended party

- Circumstances surrounding the case (social standing and position

of the offended party)

359. Slander by deed or performing any act which casts dishonour,

discredit or contempt upon another person

- Offender performs any act not included in any other crime against

honor

- In the presence of other person or persons

- Which casts dishonour discredit or contempt upon the offended

party

Also grave vs simple slander

360. Persons responsible for libel

- Any person who publishes, exhibits or causes the publication or

exhibition of any defamation in writing or similar means

- Author or editor of a book or pamphlet

- Editor or business manager of a daily newspaper magazine or

serial publication

- Owner of the printing plant which publishes a libelous article with

his consent, including any other person who participates in such

publication

Venue for filing of libel cases

- One of the offended parties is a public officer whose office is in

Manila at the time of the commission of the offense

o Manila or in the place where the article was first printed

and published

- One of the offended parties is a public officer whose office is

elsewhere

o Place where the offended party holds office or in the

place where the article was first printed and published

- One of the offended parties is a private individual

o Place where he resides or where article is first printed

and published

- Offended party must file complaint for defamation imputing a

crime which cannot be prosecuted de oficio (crimes against

chastity)

361. Proof of truth

- Act or omission imputed constitutes a crime regardless of

whether the offended party is a private individual or a public

officer




- Offended party is a government employee and imputation does

not constitute a crime and the imputation is related to official

duties.o Proven by positive and direct evidence or even only by

probable cause for belief

o True OR with good motives AND in pursuit of justifiable

ends

o Honest mistake and retraction of the imputation

mitigates challenges

362. Libelous remarks

- Only for qualifiedly privilege communication, if made with malice,

are not exempt from criminal liability

363. Incriminating innocent person (planting evidence)

- Offender performs an act

- Through which he directly incriminates or imputes to an innocent

person the commission of a crime

- And such act does not constitute perjury

1. Complex crime of incriminating an innocent person through

unlawful arrest because the latter was a means through which the

incriminatory machination was made

364. Intriguing against honor

- Making plot or scheme to create any intrigue for the purpose of blemishing the honor or reputation of another person

- If source of the defamatory statement cannot be identified, it is

intriguing against honor

Title 12. Crimes against the civil status of

persons (Articles 347-352)347. Simulation of births and usurpation of civil status

- Simulation of birth

o Woman pretends to be pregnant and takes the child of

another. Both the giver and the taker of the child are

punished

- Substitution of one child for another

- Concealing or abandoning any legitimate child with intent to

cause such child to lose its civil status

o Can be committed by leaving the child at any foster

institution because the intent is clearly to allow the child

to leave while erasing all the traces of filiation

348. Usurpation of civil status

- A person represents himself as another and assumes the filiation

or the parental or conjugal rights of such another person

(including the profession of such person)

- Purpose of the offender must be taken into account

- Qualified by usurpation for the purpose of defrauding the party or

his or her heirs.

349. Bigamy

- Offender is legally married- Such marriage has not been legally dissolved or in case of an

absent spouse, the latter has not yet been presumed dead

according to the Civil Code

- He contracts a subsequent marriage

- That has all the essential requisites for validity




1. Nullity of the first marriage not a defense because it produces

legal effects; nullity of the subsequent marriage is also not a

defense. But if the second marriage is void, there is no bigamy2. Second spouse who knew about the prior subsisting marriage is

an accomplice.

3. Reasons for the legal dissolution n of marriage

a. Death of either spouse

b. Judicial declaration of nullity

c. Decree of annulment

4. Bigamy not a bar to prosecution for concubinage

350. Marriage against provisions of laws

- Offender contracted marriage

- Which he knew at that time that

o Requirements of the law were not complied with

o Marriage was celebrated in disregard of a legal

impediment

351. Premature marriages

- Widow who married within 301 days from death OR before

delivery if pregnant at time of death

- A woman whose marriage has been dissolved or annulled and

who married within 301 days from death OR before delivery if

pregnant at time of dissolution of the marital bond

352. Performance of illegal marriage

- Priests or ministers of any religious denomination or sect or civil

authorities who shall perform or authorize any illegal marriage

ceremony shall be punished

o Knowledge of the legal impediment or deficiency needed

Title 10. Crimes against property (Articles 293-

331)293. Robbery in general

- Unlawful taking of

o Permanent deprivation

- Personal property belonging to another

o Not necessarily the owner but whoever is in possession

thereof

- With intent to gain

o Presumed from the unlawful taking

- By means of violence against or intimidation of any person or

force upon things

o Taking consummated upon

With violence or intimidation = when the

offender takes possession of the thing

With force upon things = taking out of the

buildingo Violence or intimidation must be employed before the

taking is made, otherwise it becomes another crime

o If both violence and intimidation and force upon things

are present, the former is the proper denomination of

the charge

294. Robbery with violence against or intimidation of persons

- When by reason or occasion of the robbery, homicide, rape, arson

or intentional mutilation is committed

o Robbery should still be the main intent. Accidental

deaths are included and the victim of the homicide need

not be the victim of the robbery




o Actual opening necessary

303. Robbery of cereals, fruits or firewood in an uninhabited place or

private building (penalty lower by one degree)

304. Possession of picklocks or other similar tools

- Offender possesses picklocks or similar tools

- That are especially adopted for committing robbery

- Offender has no lawful cause for such possession

305. False keys

- Tools mentioned in the next preceding article

- Genuine keys stolen from the owner

- Any keys other than those intended by the owner for use in the

lock forcibly opened by offender

308. Theft

Committed by any person who

- With intent to gain but without violence against or intimidation of

persons nor force upon things, takes property of another without

the latters consent

- Finds lost property and fails to deliver the same to the local

authorities or the owner.

o Must prove

Time of seizure of the thing

It was a lost property belonging to another

Accused had the opportunity to return it or

deliver to the authorities but had refrained from

doing so

o The finder in law or the authority to whom the lost

property was given and who subsequently does not

return it to the owner is guilty of theft

- After having maliciously damaged the property of the another,

removes or makes use of the fruits or object of such damage

- Enters an enclosed estate or a field where trespass is forbidden or

which belongs to another, and without the consent of the owner

shall hunt or fish upon the grounds or gather fruits, cereals or

other forest or farm products

1. Taking = placing the object of the theft under the offenders

control2. Personal property includes electricity and gas which can be

bought and sold and can be appropriated by another.

3. Consent not the same as the mere lack of opposition of the owner

of the property taken

4. Robbery = taking against the will of the owner BUT theft = taking

without the consent

5. Presumption that the person who possesses recently stolen

property is the thief

309. Penalties

- PM = property stolen is worth more than 12-22k but if the stolen

property is more than 22k, add one year for every additional 10k

value BUT should not exceed 20 years

- PC med-max = value is more than 6-12k

- PC min-med = value is more than 200-6k- AM med-PC min = more than 50-200 pesos

- AM max = value over 5 pesos 50 pesos

- AM min-med = less than 5 pesos

310. Qualified theft

Next higher by two degrees if




- By using fictitious name or falsely pretending to possess power,

influence, qualifications, property, credit, agency, business or

imaginary transactions; or by means of other similar deceits

- By altering the quality, fineness or weight of anything pertaining

to his or her art or business

- By pretending to have bribed any government employee, without

prejudice to the action for calumny, which the offended party

may deem proper to bring against the offender. Penalty is maxed

- BP 22

- By obtaining any food, refreshment or accommodation at any

establishment offering the same and without paying for it, withintent to defraud the manager or proprietor OR by obtaining

credit at such establishment by the use of any false pretenseOR

by abandoning or surreptitiously removing any part from his

baggage at such establishment after obtaining credit without

paying for his food, etc

Subdivision 3: Through any of the following fraudulent means

- By inducing another, by means of deceit to sign any document

- By resorting to some fraudulent practice to insure success in a

gambling game

- By removing, concealing or destroying in whole or in part any

court record, office files, document or any other papers.

ProvisionsAgainst persons

246 Parricide

247 Death or physical injuries inflicted under exceptional

248 Murder

249 Homicide

250 Penalty for frustrated, parricide or murder

251

252253

254

255

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