Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel CRIM LECTURE AUGUST 25 BOOK II Now, we can already start with Book II of the RPC. Book II is just mainly crimes, this is where you can find the different crimes under the RPC, their elements and the penalties that the law provides for their violation. The first article in Book II is art. 114, when the RPC was qualified, it is the impression of those who qualified that treason is the most heinous among all the crimes in the RPC, as it involves the loyalty of a citizen of the country and then he will wage or levies war against his own country to which he owes allegiance to the same. Or even if he is an alien or a foreigner, of which he owes temporary allegiance to the Philippines, he levies war against the Philippines or adheres to its enemies by giving its enemies aid and comfort, and it may be committed not only within the territorial jurisdiction of the Philippines but even elsewhere. So, the law says any person owing allegiance to the Philippines who levies war against the Philippines and who adheres to the enemy by giving the enemy aid and comfort shall be guilty of treason. The next paragraph involves a procedural provision, which is that ―no conviction can be had in the crime of treason unless on the testimony of the 2 witnesses to the same overt act or by voluntary confession of the accused given in open court. Now, from the very provision of the law you will know that the law speaks of Filipino citizens and foreigners as offenders. If he is a Filipino Citizen, there is no question of his owing allegiance to the Philippines, the only problem that we will encounter in this aspect is the new law that will grant dual citizenship to a Filipino at one given point in time and of course it will only be a matter of concern if the country to which he is also a citizen became an enemy country that there is war between the 2 nations. How will you treat therefore that Filipino, or that person who has already obtained citizenship from another country of which he also owes permanent allegiance in cases where that person adheres to its enemies, and never mind levying war or granting for the sake of argument that he levies war and that he loves more the other country, where he was born, that would be a big problem in regard to the crime of treason. And I hope there are certain paragraphs / provisions in the new law treating such problem. But the way how I perceived the present Congress of the Phil, they will never have thought of that when they crafted the law, not even I believe in the office of the President. We will be having a problem and I assure you that in case there would be a war with other nation, that would be a big problem. As most of us citizen whom they call modern-day heroes, when they try to escape their own country to work in other countries, is working in other countries an act of terrorism? Honestly, is it an act of terrorism to work in other countries? I don‘t think so… To call them our modern-day heroes is a fallacy.. I have more respect to people who are in our own country, tilling our land producing basic 1 MajArvin necessities that we can buy in the market other than those who claim to be bringing dollars in our country. Why? Do we need dollars? We have our own peso.. So, it‘s a matter of concern as there is a difference when the offender is a foreigner owing temporary allegiance to the Philippines and when does a foreigner owes temporary allegiance to the government? It is only when he is granted a permit to permanently reside in the Philippines that he is considered to owe temporary allegiance to the government. The government institution that has the authority to grant such kind of permit is only the Bureau of Immigration and Deportation. Unlike however when the person is a Filipino Citizen, a foreigner may commit a crime of treason elsewhere but he will not incur criminal liability and that is only 1 instance that I believe that he may be exempted from prosecution. It is when he adheres to the enemy country of which he is a citizen of that enemy country, naturally you owe permanent allegiance to your own country and the moment that you adhere to the enemy country which is however your country, that is only a renunciation of your allegiance to the government and naturally you will not be prosecuted if you did commit the act outside the Phil territory but if you are not a citizen of the country where you committed the act of treason you will be liable even if you are an alien or a foreigner. The 2 ways of committing act of treason : 1) levying war and 2) by adhering to the enemy, by giving the enemy aid and comfort. But there is no problem about levying war, you take up arms against your own country, you join the enemy forces, that is already an act of levying war. However, in adhering to the enemy, it is not a simple adherence to the enemy or that you sympathize with the enemy that is required by law. You must provide aid and comfort aside from the fact that you are adhering to the principles of the enemy, you must give aid and comfort. The two must concur, otherwise there is no adherence to the enemy by giving them aid and comfort. You recall the case of Laurel, the same Jose P. Laurel in the case of self-defense, but this time there is no woman involve.. Laurel during the Japanese occupation and that we have been the subject of actual hostilities from the family, they almost annihilated our guerrillas during those times. …. I f you look at the records of the __________ how come that here are so many guerillas already. And they even include the people who are espousing communism at that time. They are doing it not for the love of the Philippines but for the love of communism. And yet they were recognized as war veterans. And there are other Filipinos who were not able to properly register their name and were deprived of what is due to them because they are unlettered. Never were able to know how to write their names etc. yet they fought valiantly the Japanese. Those are the people that deserve to be paid. They are the persons who are supposed to be given benefits. They were not given benefits yet comfort women. We don‘t know actually whether these women are comfort women. Why comfort? There must be a definition of comfort for purposes of them being able to get damages from the Japanese Government. But nevertheless, when it comes Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel to treason, in levying war there must be at least two witnesses. How about if it is adhering to the enemy by giving the enemy aid and comfort. Is there a need for the two-witness rule? What is the opinion of your author of your book? In defense upon the author Reyes says with respect to giving the enemy aid and comfort, the two-witness rule does not apply. Is there however a decision by the Supreme Court to this effect? That the two-witness rule does not apply by giving the enemy aid and comfort. Is there? There is no decision it is simply an opinion. But if you will look at the provision of the law. Does it qualify whether it is levying war, or whether it is adherence to the enemy by giving the enemy aid and comfort? It does not. So who are we to distinguished and who are we to give our interpretation? There is a case already decide by the Supreme Court. I respect the opinion of the author of the book but at this point I must say that you have to answer according to the provision of the law. Even if you answer according to Reyes or according to the book you may be both right. But if there will be a difficulty as you need in order that the same matter may be clarified and that is catastrophic. Ok, two witness rule to the same covert act, no problem it is to the same act committed in by reason on the provision of the law of treason the two witness must testify own. If it is on the continuation of an act committed in another place or at another time even if the offender is the same even if no two witness rule there is none the law is very specific and should be interpreted strictly against the state it cannot be strictly interpreted as against the accused. In other words, you must stick to the provision of the law, and there must be two witness of the same covert act committed at one point in time. How about voluntary confession in an open court, voluntary confession in an open court but as for example in the information that was filed for the crime of treason..It was alleged that there are two witnesses. But upon reading their affidavits it would appear that they witness two overt acts but it will lead to the commission to the crime of treason. Now, if the information of the accused is read, during the trial and the accused realizes that he may be convicted he will probably know what will happen to him he wouldn‘t want to throw himself at the mercy of the court. In order to avoid the penalty of death considering that the law provides for a penalty of reclusion perpetua to death, he pleads guilty. And ask mercy from the court. Despite the fact that the two witnesses are not witnesses to the same overt act, can the accused be convicted of the crime of treason? What do you think? Well applying the rule in regards to failure to object to any defect in the information at the proper time. As long as it does not involve the jurisdiction of the court, it does not involve prescription. And during those previous years, double jeopardy that there was a recent decision that if you do not object to be imprisoned then double jeopardy you may be convicted because they apply also the decisions of the Supreme Court in regard to the single information charging multiple offenses as against the accused and if the accused failed to object to the multiplicity of charges of one information the accused can be convicted for so many as the number of crimes alleged in the information. Yes, so if he failed to 2 MajArvin object he voluntarily confessed, his guilt in open court he can still be convicted because it is a matter of procedural law. It is not a matter of substantive law. Procedural law lang yan eh, the 2-witness rule. why? In all other crimes, even a circumstantial evidence would be enough, how much more if that is a witness to the commission of the crime or saw the commission of the crime.. Alright, when the offender is a foreigner, the penalty is lower. Ok, do you have any question in regard to treason? What are the stages of treason? It does not follow the stages of a commission of a felony under the Revised Penal Code. It follows its own stages as defined under the RPC, and is considered a different crime. And these stages are: Proposal and conspiracy to commit treason. Naturally in order for that conspiracy may be committed, there must always be a proposal to commit the crime of treason. It‘s like a man courting a girl, the moment that a man likes a woman, he will propose, he will tell the girl of his feelings. And the moment the girl accepts his proposal then there is already conspiracy. Coz there is already an agreement between two parties. But be careful about the proposal, because in treason it is different. That the one proposing must already have decided to commit the crime. Unlike in ordinary proposal, we do not know whether he is serious or not. You do not know whether he has decided already to be true to his words. So be careful… In treason, ah, no…iba… He has decided that he is going to commit treason and he proposes it to another. And that consummates the crime. And in conspiracy, that cannot be.. If there is already an agreement between two persons who have already committed themselves to commit an act of treason and they have decided to commit it, then there is already conspiracy. And in relation to this, you have the misprision of treason. But before discussing misprision of treason, you have to remember that the proposal, the conspiracy, are separate and distinct crimes from treason in itself. They have separate and distinct elements.. In other words, if for example you were not able to prove the crime of treason itself but you were able to prove conspiracy, which is necessarily included in the crime of treason, you can convict the person of conspiracy to commit treason instead of treason itself. Or even proposal, although they are separate crimes but they are also considered as stages of the commission of the crime of treason. You have a misprision of treason when a person owing allegiance to the government of the Philippines, who is NOT a foreigner, come into personal knowledge of any conspiracy to commit treason and he failed to report the same within a reasonable period of time, to the governor of the province, to the city mayor of the city, or to the provincial fiscal now provincial prosecutor or the city fiscal/prosecutor. This is therefore, a crime by omission. But a foreigner is exempted from this even if they owe temporary allegiance to the government. It is very clear from the law. But where should the person owing permanent allegiance to the government of the Philippines report? Because he should report it to the governor, or mayor of his residence. Supposing he is from Sulu Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel province, while in manila he witnessed and has personal knowledge of the conspiracy to commit treason. During times of war, should he go to sulu and report to her governor or the provincial prosecutor there? Yes.. Reporting to the city mayor of manila is not a compliance to the provision of the law. Why? The law says to the place of his residence. There is a purpose why the law provided this.. to protect the person who witnessed the conspiracy and actually to shield him from any retaliation in case of his reporting the conspiracy. How does he know that if he reports the same in Manila the people he is reporting are also in Manila are also in conspiracy, eh di patay.. He can be assured in his own province that the governor is not in conspiracy with the others or the city prosecutor… that is why you have to be convinced first that these people whom you are going to report are also not part of the conspiracy. So it is in your own place of residence that you have to report. Alright, the period there is subject to the circumstances of each case. Each case would have to be treated differently for purposes of determining whether the period of time of which you have reported is reasonable or not. So you have to use your common sense.. If the person has been sick, naturally it will take time. If that person is hiding from a c0-conspirator etc, it will really take time… And sometimes he may also be exempted from being criminally liable by reason of insuperable causes or maybe by reason of uncontrollable fear, or by reason of the employment of irresistible force. So, that would be a good explanation of art 114, unless you have a question… Including art 115, 116. Ok, art 117.. Q: is it possible for a person already convicted of the crime of treason to be convicted also with the crime of conspiracy to commit treason? Judge: No, because as I told you these are stages of the crime of treason.. If a person has been convicted with the crime of treason, he cannot anymore be charged of proposal or conspiracy to commit treason. The one who is in conspiracy or the one who proposes must not have committed the crime of treason himself. Because if they have committed already the crime of treason, naturally the crime of conspiracy and proposal to commit treason are already absorbed in the crime of treason itself. We have discussed already three articles… The next is what? After misprision of treason, what would come next? Ahh.. espionage.. Any person who without any authority therefore shall enter a warship, a fort, any military installations, etc for purposes of gathering any information, plan, etc relative to the defense of the Philippines shall be held guilty to the crime of espionage. It is aggravating to a public officer who in the performance of his official function is in custody of those plans and he delivers the same to the representative of the foreign country. That is espionage. This is a dead law. Have you heard or have you read any decision of the SC regarding the crime of espionage? May nakakasuhan ba nito? Kasi wala naman… May plano ba tayo 3 MajArvin relative to the defense of our country? Eh kung coup d‘etat nga, nung nandyan na nga ang mga tao sa Oakwood hindi pa nila natiktikan eh? And they said it involves national security.. Well, if that would be the case, butas- butas and national security natin.. What are the people in our intelligence community doing prior to this? Nothing.. Or maybe these people are good. There are only two things there.. Either these people are so good for our intelligence community people that they cannot be detected or that our intelligence community are sleeping. Just like in espionage.. what plans do we have that is not known to everyone? What fort do we have that keep our secret/confidential matters in relation to the defense of our country? Fort Bonifacio? Eh binenta na yun eh… Fort Santiago, ayun you can have your wedding there… Fort Magsaysay, there are so many squatters, they will know whatever is going on.. Camp Crame & Camp Aguinaldo, you can easily pass through and through… All that you have to do is is just even at night blink your lights twice or trice the guarder will even salute you. .try me or try it for yourself. Who is a member of the military here or the police It‘s a signal. The guards need subdivision, the guards need at night, they‘re just playing their lines three times. They will not even ask for your identification. That means to say you are a plenty force. I should know because I know so many things. Try. Sigurado yan. Wag ka lang makikipagtalo sa security guard. Pwede wala kang ano, you don‘t have even pass etc..No just blink it three times. There is nothing much about espionage nowadays except for the fact that it can be committed during war time or during first time and remember it must only be the information, the plans, the data, the documents must be relative to the defense of the counsel. Nothing more nothing less. Now the Supreme Court came up with another decision in relation to this. In the case of Santiago vs Sandiganbayan, during that time, former Senator Santiago who was then a Commissioner granted Filipino citizen by way of administrative proceedings by way to 34 Indians. Ang hirap pala nito ng mga Bombay noh halos isa lang pangalan. Do you know that we are being vested with the issuance of clearances for several times I think about 30 to 40 times a dine almost all asking for clearances is the same man __________ it is still a man __________. Recently, I told Tony, will you please enter my chamber? What you have to do is this because we are being pestered with clearances we do not know whether we are actually giving a clearance to the offender or not there has been so many cases that were filed in our courts and in several courts. One is raped, the other one is homicide, the others are estafa and etcetera and I said look, the better position to take is simple: ask him to get a certification from the bureau of Immigration and Deportation that it is a legitimate alien who is actually residing in the Philippines who is given a permanent residency status, otherwise if he has been only given a visitor‘s Visa why should we give him a clearance. There is no fault there if you are only a visitor and you will ask for a clearance. Why should accomplices. Just like in the case of _________. But it is a continuous crime.’s discussion as regards Book 2 of RPC. It is a continuing crime in the sense that you committed the same and you continued even if you have not actually in the active participation of the act being committed by your friends.one criminal offense. illegal rules and illegal recruitment. Some are working in certain construction sights in Las Pinas and other places in Metro Manila. Actually rebellion is not what you call in a continuing crime. a law that is alum prohibited. Now. Penalties for Principal. he has already launch his belief. If it is mala prohibita criminal intent is not suppose to enter into the picture therefore the filing of 34 informations are correct. there is only one single criminal intent especially in that person by the use of direct contribution from the general public and the purpose to whom the people they collect the money or whatever. How about those others who did not file. there being only one criminal intent etcetera only one information should be filed against her. Instead they decided to become shall we call in engage in certain activities or well-employed as laborers or as workers in different establishment such as those who were arrested who are working in the factories. The problem there is how to go about in trying the cases because if it is syndicated estafa. parang Book 1 but then I couldn’t distinguish sa tape kasi dire-direcho naman so I just transcribed it. You have now several syndicated estafa cases. Some have only intending to file the places where they have been victimized. And their victims are coming from the different parts of the Philippines. As I was saying. etc.. An example of which is of course the violation of BP 22. How about the others who were not able to participate and decide to participate later on? How about the others who were not able to participate decide only to participate later on. any question? Now let‘s go to penalties. However there are those who file separate cases and if they are going for example. penalties for frustrated felonies and for attempted felonies. * I’m not so sure whether this is still included in judge P. The moment you committed you call the state until the continuous crime in such a struggle. A transitory crime is a crime where any of its elements or any of its ingredients will be committed in another place and there you can file the case of any places you can put its elements or in any of its ingredients of the one committed. Well. Ok. syndicated estafa. have them cost related. yes you can file here any case in any of the places where any of the essential elements or ingredients have been committed. that‘s already the decision of the Supreme Court. if you think. But I was thinking. does criminal intent had any business in ___-the determination of whether it has criminal intent or not. So.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel we give you a clearance. There are already filed cases against these people. It said that you continue to commit the crime that you have previously committed yourself to commit until such time as you have renounce to live in that particular struggle. unless he has already been filed up. noh it is very easy how to do it and I will repeat so you will . I have adopted a meter system and most of you who were in my CRIM class are familiar with this. What would happen? Under the theory of __________. we covered this in Book 1 then disregard na lang * Continuous crime refers to crime that shall we call it that was promulgated by the Supreme Court because there would be chaos and horror unless we honor the decision of the Supreme Court. And there is only one criminal intent that will be imputed against her in the event that indeed she caused due injury to the government. If the law is mala prohibita. a transitory crime. So it is a continuous crime. as I had been saying already that what happened sometimes that it is debatable that certain special cause may require criminal intent and some are not but basically all offenses in violation of special laws do not require criminal intent. Ok continuous crime refers to crime that shall we call it at even committed only for the first time but the offender continues to commit unless he has already served the sentence. Even the syndicated estafa who is only one criminal intent there so you have the problem of which to be given estafa of this time because the little engage in a estafa already covered almost all parts of the country. she went to the Supreme Court and challenged the filing of 34 informations against her contending that the act if ever that she committed is ________continuing crime. The supreme agreed with her and offer the prosecutor to dismiss all the cases and refile only one information. That is a general goal except when the special law uses the words knowingly because if there is a word that the offender knowingly causes due injury then there must be a then a criminal intent that if there is no such way simply put that it was a cause a due injury to another that is different…nevertheless we have honor in whatever decision that is that will shall we say that was promulgated by the supreme court there will be honor the decision of the supreme court. 4 MajArvin These people _________ and others are actually NPA regulars and they appear under the fight of the army as NPA regulars but they decided not to engage anymore in armed struggle somewhere in the southern part of Luzon. Commissioner Santiago was charged of thirty four counts of violating section 3e of republicact3019. One element may have taken place in one place and other may have taken place in another place etcetera…. Others are arrested without a warrant they claim that the arrest is illegal but as the Supreme Court stated that case. along the line of republic act 3019 being a special law. But the Supreme Court said. allegiance to a particular association or public whatever. Before she could be arraigned. accessories penalties for consummated felonies. There are what we call decided by the Supreme Court. Remember the case of _______ and companion cases __________. . One and one is naturally 2 and so it is lower from the reclusion temporal that would be reclusion correctional. the penalty 3 degree lower. Now. you have frustrated and you have attempted. Now. naturally in cases of estafa there is evident of pre meditation. although they are inherent mitigating circumstances. that is given. He may be punished in 1 day if he pleaded guilty it is to be penalized with arresto menor. let‘s say homicide. one. So this simple computation.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel remember the simple rule. let us say that the offender is an accomplice. supposing it is an accessory of attempted felony…the penalty is 5 MajArvin arresto menor. And you will tell him he will just be sentenced for only 10 days just plead guilty. In the case of the homicide. no problem. naturally if the crime that a penalty is reclusion temporal shall be equal for the person upon committing the crime of homicide. Ok. Now. the law speaks of homicide being consummated. In a case of rape but the offender shall we call it a or he has a physical defect is inherent and is mitigating but would it be a modifying or mitigating circumstance in the crime of rape? If he is not. So kung mayaman sumingil kana. This is very simple that if you read the law in a week you will know how. the penalty shall be 2 degrees lower from and what is 3 degrees lower. the special. In that the person who will be sentenced to reclusion temporal will be sentenced to reclusion temporal is the minimal. so one degree lower would be reclusion mayor. the penalty of the accessory is two degrees already only for the accessory if it is consummated from a reclusion temporal it would be reclusion correction. we are already in the penalties and we should know what could probably affect penalties. Now. August 27. Now. The principal naturally is a whole penalty. he committed the crime of homicide consummated so the penalty is 1 degree lower from the penalty imposable in the crime of homicide that in reclusion mayor and that if he is an accomplice and committed at he same time a frustrated homicide the penalty is 2 degree lower from the penalty imposable by the law. Naturally. let us say in the crime of homicide. I will take care of your case. 2003 (The day when its free cut in civ) . you will just tell him don‘t worry. in the computation of the penalties. what is inherent in certain crimes? Well. that is what the law shall we call it make an arrangement in the provision of the law being interpreted. Now. one degree lower. They are not considered as modifying circumstances. the penalty shall be (how many degree lower?) it is 3 degree lowered for reclusion temporal is reclusion mayor. And there is no lower like 1 degree. Do you have any questions? Of course. Ano po ba ang sentensya ko kung mapatunayan na ako ay nagkasala? Naturally the man is worried who co-accused and he even do not know that he‘s an accessory. The principal committed the same and it is consummated. Now if it is attempted 2 degrees lower in a principal. so in the previous discussion I said the principal and the crime committed is in the attempted state. The penalty is reclusion temporal. There are the modifying circumstances and you know we have discussed aggravating. the penalty is physical reclusion because it is consummated. supposing that an accessory committed only a frustrated homicide. the penalty that should be imposed to him is 2 degree lower from the penalty imposable or a principal in a consummated. so. the equivalent of the principal is already consummated. There is in some cases that we have discovered that in inherent mitigating circumstances. Example. If it is an accomplice. Are you hiring me? Alright sign that I am your lawyer. two at ginawa nya. A person who might have committed an attempted homicide but he is an accessory he can be penalized with one to thirty days. Kaibigan ko ang pumatay at nagtago siya sa amin. the meted out or what is the penalty for the principal in a frustrated homicide? The Penalty shall be one degree lower. If the accessory commits consummated problem. if he‘s a minor. the specific. nahuli po ako ng pulis attorney dahil napasama lang po ako sa crime scene. In rape there is always present most of the time even if they are inherent in the commission of the crime it cannot be considered as aggravating even in a mitigating circumstance. the penalty shall be 2 degrees lower which is reclusion correctional. Ngayon kung papasok siya doon. it is not but it is aggravating if the person committing this is the crime committed during the time. You know that there is an aggravating circumstance that is by itself is inherent. Supposing that the offender is a principal in an attempted homicide. Alright. naturally. but because you are familiar with the participation of the offender. 1 degree lower if he is an accessory 2 degree lower that is very simple. if were the accomplice is also in the crime of the attempted homicide. Alright. patay---libre! Because minority is a privilege mitigating circumstance of which he is entitled of one degree lower from arresto menor. You have there a principal. you have accessory. But supposing the crime committed is a frustrated homicide what then are the initial and the principal. You have accomplice. Say for example. I know that most of you here are those my former students. In knowing the simple computation of penalties and if you know this simple computation it will help you out. So if he is an accomplice to the attempted homicide. In the accessory. very simple because all that you have to do is if it is a crime being consummated also one degree lower. mitigating. the ordinary. And what is 2 degrees lower to reclusion temporal? It is reclusion mayor. you don‘t have to wait for a resolution. So the Executive Judge must ever be vigilant with the detention of prisoners who have been unlawfully arrested. But a twist of fate. there must be an arrest effected by a public officer or employee but the same is unlawful and thereafter the victim is detained in a place of detention. Unlike in kidnapping. a person is deprived of his liberty without any legal ground and he is being detained on a place for detention of persons who have been lawfully arrested in other words. etc so it is a problem. On the other hand. In Makati. Mr. I call it satellite because they have a holding center in the station in the Makati police station aside from the holding center there you have the Makati City Jail. Go to go inside the jail… that is a classic example of a person being detained without having been arrested but there is arbitrary detention. It is more expeditious during those times to file a case with the municipal court or the justice of the peace court for purposes of issuance of the warrant of arrest. You are not familiar with the workings if the courts probably but an Executive Judge of the RTC has control and supervision over all jails within his territorial jurisdiction. Meaning. It just happened that they are going to put him in jail despite the fact that he presented himself to the authorities. The original concept of the rule is sourced from the provisions under the old rules of court regarding preliminary examinations by municipal judges then by judges of the peace or justices of the peace courts. On the other hand. not by a public officer or employee. Go objected. And his purpose is to deprive the person of his liberty and that the person is being detained in a place not devoted for detention of persons who have been arrested either lawfully or unlawfully. The judicial authorities mentioned are this article is actually not always the judges. You know that there are two stages of preliminary investigations in the municipal courts then justice of the peace courts. But a public officer or employee may be charged and found guilty of kidnapping if he acted in his personal capacity and not on his official capacity. a person has been unlawfully detained or unlawfully arrested and detained and the only problem is the periods which the case should have been presented to the proper judicial authority has not been presented within the hours specified by law such as: 12 hours for light offenses. the detention may have been caused by illegal arrest or unlawful arrest or by simple detention without a legal ground. When you say it might have been by reason of unlawful arrest. in kidnapping the offender may also be a public officer or employee but he is acting in his private capacity. But of course after determining whether a crime has been committed or not. to differentiate it from kidnapping. Go. There are times when a public officer may be the offender in kidnapping although in art 267. The policeman didn‘t say that he is placing Mr. how many days before it become serious arbitrary detention? More than 6 months. If it is outside the jail or it is not in a detention cell. If they were lawfully arrested there would be no problem because there would only be a delay of the delivery of detained persons to the proper authorities. The two are different from each other. then it is serious illegal detention while in arbitrary detention. Now in arbitrary detention. You would not know if a person is arbitrarily detained in a holding center of a barangay in that particular barangay. 6 MajArvin Now in arbitrary detention. the public officer or employee arrest a person or detains a person only without any justifiable cause or without any legal ground and the detention of that person is in a place of proper detention for those who violates the law – in jail. then that would not be arbitrary detention but that would be kidnapping or a serious illegal detention or illegal detention. it would become a serious one if the period is more than a certain period of time. it becomes or if in serious illegal detention if it is more than if the detention is more than 3 days. And you even have to contend with the temporary detention cells in barangays. in other words. Go under arrest but he just ordered Mr. It is more expeditious eh. First is preliminary examination which would determine the existence of probable cause for the issuance of the warrant of arrest. there is only arbitrary detention when a person who may not have been arrested but has been arbitrarily detained. you must have to remember that when the penalty would depend upon the period of which the person has been detained. in arbitrary detention. So it could even be the fault of the Executive Judge. Rolito Go said that I am Rolito Go and the policeman said you just wait and he went to a cell. You don‘t have to wait for 10 days. NO. you don‘t have to wait for the filing of the information in the . you only have one jail but there are other satellite jails. 36 hours. opened a cell and ordered Mr. He has the power over visitation and ordering the release of the prisoners who have served the maximum of their sentence or who is being detained without any lawful ground and the desirable period of time wherein the executive time should visit the jails is weekly. Because he presented himself to the authorities. kidnapping may be committed only by a public individual. if the detention lasted for more than 3 days. Rolito Go is the person being suspected of having shot Mr. 18 hours for offenses which are punishable with correccional penalties and for afflictive and capital punishment. One of the examples that you can find in a case which is appropriate to this wherein the person was not arrested is the case of GO v CA (I don‟t know why but the tapes I transcribe always have this case… favorite talaga „to ni Judge…) Mr Go went to the police station and inquired whether a certain Mr.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel alright… any person or any public officer or employee but that term is very generic… it should be any public officer or employee in charge of the enforcement of the law who detains another without any legal ground will be criminally liable for ARBITRARY DETENTION here. Go to go inside. Maguan… and when the policeman said that they are really looking for Mr. The executive department through the President or his authorized representative. In the event that the execution of the order has been delayed. even during preliminary investigations if the offense is bailable. now the municipal court or municipal circuit court. actually. The meaning thereof is that the lawyer must actively participate in the proceedings in the waiver. amnesty. he can then determine whether the crime has been committed and whether a warrant for arrest should be issued against the accused and what is the amount of bail or whether the crime is bailable or not. Without the assistance of a lawyer that waiver is considered null and void. then it shall also be considered as a delay in the release. the preliminary examination in drugs cases should not exceed 30 days eh. why? Well. 1 day lang! Just one day long. In case when the accused post bail or is given the privilege of being placed under recognizance while under detention. immediately. You have to remember that there are two branches of the government that can order the release of a person in jail. And after conducting the preliminary examination of witnesses by searching questions. Now in connection with this. the arresting officers or the persons who has custody of him is not criminally liable for the delay of the delivery of said detained person in the proper judicial authorities or even arbitrary detention. His immediate release should be done. he cannot be held criminally liable. But never because in arbitrary detention the detention is actually illegal and there is no legal ground for his detention. and if the Judge is not doing anything and the witnesses are available he can conduct immediately the preliminary examination of the witnesses. or suffering from reiteracion or even quasi-recidivism. to see to it that his orders are correct in accordance with law and that it be obeyed by the person to whom that release is directed. under article 125. Because it is the responsibility of the Judge. you can easily obtain a warrant for the arrest of the accused because all the Judge has to do is schedule the preliminary examination of the witnesses. di ba? When you file a complaint with the justice of the peace court then. it should not exceed. This is the instance when the peace officers who arrested the offender may ask the offender to execute a waiver to waive his right under this article. Alright… what would be a proper waiver under art. If the notices or instruments that would be a basis for the release of a person under detention or as a convicted prisoner. habitual delinquent. That is why this is taken advantage of lawyers and complainants in the provinces. the lawyer must be a competent and independent counsel. even when after the filing of the complaint and upon docketing of the same. there is a delay in the release which us under article 126 of the RPC. If the accused post bail. In Metro Manila and other places. commutation of sentence or conditional pardon and would the person tasked to release the particular person delays with malice or bad faith or through gross or inexcusable negligence because if the delay in the release is done in good faith. Even in drugs cases. It depends upon the discretion of the court. there is no crime that is committed or by simple negligence. 7 MajArvin There are times when a person is under detention and there are orders or there is an order from the judicial officer or the executive officer for the release of that person. He will probably ask questions whether the accused understands the meaning of this waiver. Waiver. 7 days? In actual practice? Ok. even for a period of more than 30 days. whether a counsel of his own choice or the choice of the accused or the lawyer has been appointed by a or has been given by the law enforcement agencies to the offender and he accepted the services of that lawyer and in addition according to the SC. when you go to the prosecutor‘s office it will take you months. Whatever be the belief of the warden is of no concern to the court and to the person who is detained. etc. The judicial authorities (of course there are many instances when the judicial authorities can order the release of the person) first. a warrant may be given. in the event that the President grants pardon. if the offender waives his rights under article 125. You know that recognizance if the offender is arrested without a warrant but the offense carried with it a penalty which is less that 6 months. if the court finds that there is no prima facie evidence or either there is no probable cause in the issuance of a warrant or further detention of the person charged of the commission of the crime and that the information is not valid. I believe. 125? A waiver under article 125 by the respondent or the accused shall be considered as valid and binding to the accused and his property only when the waiver is with the assistance of counsel. Sometimes it takes months. Naturally there would be a continuous incarceration of the person which is almost tantamount to arbitrary detention but it is being considered as delay in the release because there is a legal ground for his incarceration whether detention or serving sentence by virtue of a final judgment. even if he has been detained and no information has been filed against him. Actually not even 30 days eh. no problem. it will be placed under oath. and that proceedings have been delayed by any public officer or employee. So then. he will explain almost word for word the waiver that is being presented to the accused with his assistance and usually. the court has a discretion although he may not exercise it but it may be exercised to allow that persons to be placed under the recognizance of another as long as he is not a recidivist. the judge will dismiss outright the case and order the release of the offender if he is under detention. the accused can ask for bail. the person who delays the service of that notice shall be held criminally liable for the delay in the release or if there is a proceedings for the release of that person.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel proper court before a warrant of arrest shall be issued. To whom are you going to file your petition? You are the lawyer of the person who is either in custody because he . Meaning to say. with due respect that is why I did not ask that it be set for a hearing yet or I am not yet filing a Motion for Reconsideration. You say your Honor.. We can take it in stride. Walanghiya to 8 MajArvin ah. ha! From the Philippines. What are you going to do? No bail has yet been fixed. allow him to dress up when he goes to court and lets see if this person is really of good manners. they are not allowed to freshen up. That is not only grave abuse of discretion but that is also oppression. Expulsion. Patay ka. Somebody will ask for that already. Do not immediately bad mouth him. naka lacoste kami pagpasok naming dun wala na yon. there is expulsion. How are we going to determine if this person really is a person who acts like a criminal. bakit may ibinigay ba sa iyo na kailangan I-account mo? Di kung andun. But because the rebellion succeeded. you will have to account for this and that. they bring them to the jail as they are and while they are in jail they will not even allow them to take a bath. Well had it been true that Marcos asked to be brought to Paoay and not Hawaii and that the rebellion did not succeed and that he was brought to Hawaii instead of Paoay. The first kind of expulsion is when a person who is residing in the Philippines or any person who is a resident of this country is expelled from the Philippines not from his domicile or residence. Why? Because he is being mauled or he became the milking cow of the other prisoners and the wardens. Not only with the Rules but he knows how to approach a problem. He will reconsider his order but markado ka na. So delay in the release. you don‘t bring a person here if the prisoner has not taken his bath. you are asking that the court fix bail for his provisional liberty as the crime that he has committed is bailable. unless after the filing of the information.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel waived article 125 but the preliminary investigation will take little time but you want your client to be out from jail. In that way you will be maintaining a good relationship with the Court. He can phone his house and let his relatives bring the best dress that he has or the best shirt and pants that he has and shoes. the accused can go free already. During your meeting you tell the Judge. he was kicked out from the Philippine territory. maganda. uso yan eh… hubarin mo. And that you are not supposed to give him that yellow uniform. Otherwise it will be tantamount to oppression Your Honor. no problem. etc or whatever. do not always believe in the jailers. there is a danger that he‘ll be immediately arrested upon filing of the information and in order to pre-empt that. and his family and descendants. File ka agad. He will be the Court should issue an order requiring the accused to file additional bail even up to at least 48 hours after the issuance of the order. release kaagad yan. and ask that it be heard within three days but not more than 10 days from the filing of the motion and immediately you will announce to the general public while all lawyers are present the ignorance of the Judge. by golly! so I object to that. They are being allowed to shave. Allow him to use the best clothes or his Sunday clothes. Because I have been objecting to this eh since the beginning.. You can recall the order because you should first give an opportunity to the accused to file an additional bail. So you want him out. You know. Of course he would be taken aback. There is no need for him to go back to the jail. Alam mo naman may mga Judge na maninipis ang balat.‖ Bakit? Eh pagka nagdamit kami dun. And allege in your petition that the accused or the respondent is being detained and that the case is still under preliminary investigation and that he might have waived his right under art 125 or even if he is out of or he is not in jail. The Judge cannot immediately order a warrant of arrest. Pero if you know the Judge and you know that the Judge doesn‘t know his Rules. Mukha ngang ano ito… di nag-aahit. you were given a yellow shirt na ang nakalagay. Sabi din ng prisoners. etc… but the Judge should not immediately order the arrest of the accused. He cannot be arrested anymore. That is a remedy that is available to you. Just ask for an audience with him and ask that the clerk of court be present and ask for a stenographer so they would not suspect that you are trying to influence the Judge. Sasabihin nung jailer. Acquittal. There will be asportation of your clothes by this people. a warrant for his arrest shall be issued and his bail may be cancelled. That would be depriving the accused of due process. you say ―Your Honor. tumakas ka na lang? Actually there is a remedy under the New Rules on Criminal Procedure. they were denied entry to the Philippines. But the jailers will not allow that. But it is expulsion from the Philippines refusing the entry of a Filipino citizen returning to his own country? Is that also expulsion? In the case of Ver. To me. the order that you issued is questionable. with due respect. Including the proceedings. madami ka pang pipirmahan dun. eh hindi din pinag-aahit doon eh. Do . Although the policemen has sort of justification for it as they can easily spot a person who is escaping from their custody because of the yellow shirt or whatever shirt it is. etc. there are instances when the proceedings are being delayed not because of negligence but because there is a malicious intention on the part of somebody to delay the proceedings for the release of the offender. ―Sir mahirap yun. that is to me not a sufficient reason. the Judge to whom the information has been filed found that there is an insufficient bail. Sabihin mo. they can bring him anywhere. What are you going to do? No information yet has been filed. The Judge will remember you: Marunong ‗tong batang to ah!. I‘ve been telling the jailers. ibigay mo dun sa jailer. The Judge will appreciate that and he will recall the order. Makati City Jail. approach him. CIDG. So hindi pwede na basta na lang kakanselahin ng Judge yon. The Executive Judge has the authority to fix the bail and of course admit bail to be posted by the respondent and he will be released. Otherwise. di. pinahiya pa ako. The moment that the Judge announce the acquittal of the accused if the accused is a detention prisoner and he has left or he does not have any thing of value or importance in the jail. Do not be aggressive. File a petition under the Executive Judge of the Regional Trial Court of the station where the crime has been committed. All that you know if you are the Judge is that he‘s wearing a yellow shirt. When you are invited in a forum.. it is not an illegal search because there is no crime under the RPC of illegal search. I already have some doubts that coup d‗etat is a continuing offense . So problema yan. Well they were saying that if the search is in pursuit of an arrest in relation to rebellion. according to Judge. Lukban. The word expel is when the person is here in the Philippines and you expel him from the Philippines. But those are different times. Do you recall the case of Cardenas? Some people claim that the authorities do not have a search warrant and they searched the premises of Cardenas or what appears to be another house but it is considered maybe a dependency because there is a gate and a point where you can enter the other house from the other house. transported. Is there any decision by the SC that coup d‗etat is a continuing offense? Wala ano? But the principle is the same. of the commission of the crime. and how can they create disturbances in the country? And if they are creating disturbances. Yon ang proper term don. So everybody is talking illegal search but no. If it is true. to guard their movements etc. effects. this is the case also. arrest them. Break…. It is not different. there is still a need for them to resort to the judicial authorities to ask for an authority to search the premises of a person who might be suspected of having committed a crime. It is only rebellion that has been decided by the SC as a continuing crime. You do not expel. for instruments in the commission of the crime shall be held criminally liable for violation of domicile and in the event that he surreptitiously entered such premises and was found by the owner and was asked to leave and he refused. So if it is a coup d‘etat with the assistance of a civilian. ―all the girls that have been loved before‖ to Davao… poli case) the SC ordered Lukban to produce the body of the girl. In fact in your special proceedings. This particular provision 9 MajArvin of the law has been discussed recently but they are not actually referring and they are not using the proper term. it is a violation of domicile. that is a case-to-case basis only. goods. put them in jail! Well. So they have to prove that. That is the problem now of the prosecutors. But that is not an actual case of expulsion but that is a case of habeas corpus.it is different from rebellion. What is know as pro hac vice. anyway. Actually before I said that they may be different. I cannot still accept that as a valid reason because if that is due to the grounds of national security what are the AFP doing? You can assign even probably a Battalion to guard this people. It is considered as coup d‘etat.. Is there? Wala… none! It is violation of domicile. that is expulsion. the case of Cardenas and the Oakwood case will be consolidated… I am sure of that because it arose out of one incident. there is no need for a search warrant. If it is rebellion it does not matter if these people are members of the AFP or not or the leaders are civilians. If it is true. Expelling a person from his residence or from his place of domicile. strategy or stealth for the purposes as enumerated and that the initiators are members of the AFP or the police or any persons employed in the government either with or without the assistance of the civilians. That case is only applicable to a particular person and a particular time. .‖ There are so many things that you will learn from the case of Villavicencio v. use the proper term so they will be impressed of your expertise in this respect. So my opinion is that coup d‘etat is still a continuing offense. Well. it becomes an aggravating circumstance or if he has already taken or he has already obtained from the premises evidence or papers or documents or whatever and he refused to return the same to the owner or the possessor. The reason given by the SC in disallowing their entry in the Philippines is to avoid the breach of national security as expounded by the OSG and the DOJ. the same is also an aggravating circumstance which would place the penalty to a much higher one than an ordinary violation of domicile. then its coupd‘etat. (no personal knowledge daw si Judge only speculations) then it is a crime. it might not be a continuing offense because it is a swift attack accompanied by what? violence. intimidation. For articles. Lukban. (Lukban. it shall be a good exercise of knowledge of your criminal law if you will follow the moves of the prosecutors and the defense in this case… actually. But it would be debatable as the elements of coup d‗etat and the elements of rebellion are two different things. Any public officer or employee in charge of the enforcement of the law who searched the dwelling of another without the permission of the occupant or the owner and without any authority from the law. Mayor of Manila. They do not have the same elements. Kasi in the case. it doesn‘t matter… so that would be the situation at this point but I am sure that the two cases will be consolidated as there is no point in not consolidating them. So if there is a problem in remedial law when the problem is ―Is there any instance where the writ of habeas corpus may be issued when the person is not being deprived of his liberty. after expulsion we have violation of domicile. The most celebrated case in this respect is the case of Villavicencio v. Others said. Well. it is a crime against national security. And any evidence obtained by reason of violation of domicile are inadmissible.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel you remember that case which has reached the SC? You do not recall? Ver and his family together with Erwin and the other one who were then Colonels in the AFP were denied entry were asking to be allowed to enter the Philippines after they have been expelled from the Philippines together with Marcos. Or who might be keeping certain contrabands or evidence in relation to the commission of a crime. So it would appear to be a dependency as the same is not inhabited at the time. this is the only case in habeas corpus when the person subject of the petition is not detained or being deprived of his liberty but was only removed from his residence and the court granted the petition for habeas corpus. it is in relation to rebellion or coup d‗etat. NO! even if there is a declaration of a state of rebellion. they forgot to obey the law if it is true. He was able to present to the court that the firearm is registered under the name of his business partner from whom he is collecting more than 10 M pesos as they had a falling out. when I was a Judge of a Special Court. Sulu and he cannot be reached because he is in the jungles of Bongao. even if there are several victims. Because using the case of Santiago v. a policeman also. execute ka nga ng affidavit. How do these law enforcement agents obtain a search warrant maliciously? There was a time in 1995. and after inquest. you just cannot go to a particular Judge during ordinary days and ask for the particular Judge to take cognizance of your warrant application. A search warrant is a writ issued by a competent court directing or addressed to any peace officer commanding the peace officer to search a particularly described premises and to seize those that are particularly described in the warrant and to bring them to the court upon the execution of the search warrant and a search warrant has a lifetime only of 10 days. It was established that the firearm that was allegedly taken from his house is a planted firearm. you should go to the office of the clerk of court and it shall be raffled by the office of the Executive Judge to any of the Judges there and after the raffle here comes the 10 MajArvin applicant and his deponent and they are asking for an immediate action for their application. he was already gathering evidence against the applicant and the deponent. So you can go after the applicant. if the search warrant is implemented during the day or the night. ano ba yan? Hindi eh. etc from Angeles City to somewhere else. positive return that there was a . will the crime prescribe? No. Mateo. Well it was about 3:00 pm and I said ok. It was also established that the deponent who was claiming to be a former driver of his has never been a former driver but a peace officer. after that. You don‘t like your neighbor and you have a policeman who is an officer for a friend. The crime will not prescribe when no warrant of arrest has been issued. Sandiganbayan. After the application was raffled to my court. they have cases. the deponent and if there are others who are in conspiracy with them go after them and file a case of malicious obtention of a search warrant. I issued a search warrant.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Even this pyramiding schemes ha? Yang mga multitel. Or even night time only. the search warrants are still being raffled ha. The reason why there is a need for the court to specify why it should be implemented during the daytime is that there are instances when the search warrant is being used for extortion purposes. naku kakalat na sa subdivision yon! kapitbahay ko pala pusher eh… wala nga nakuha but the impression that he is a pusher will always be there… you have already destroyed his name. isang kaso lang yan eh. and according to Ryan. Master Initiator.‖ even if the metamphetamine hydrochloride cannot be found inside that house.45 caliber pistol. the information was filed. Tawi-tawi.) sir. Unlike a warrant of arrest. mmg. dala-dala daw ng may-ari ng bahay na ito. he immediately posted bail. Or upon discretion of the court it may be implemented only during daytime. meron daw 3 kilong shabu dito sa bahay na ito. Even the abuse of the implementation of . The respondent was a German. That is syndicated estafa.a Grand Madame. You have some friends from the underworld (Si Mildz yon! a. There is a problem as to whether he can be served with notice. and of course after the deponent claimed to be a formal driver of the deponent and he knows even the serial number of the firearm that is supposed to be seized in the house of the respondent. And that the business partner of his has some police authorities for his friends. when some people from the CIS or CID? 1994? A police major at the time or a police chief superintendent applied for a search warrant in one of the houses here in the city of Makati for illegal possession of firearms. where is your witness and he presented his witness. when after all the evidence was presented I issued an order quashing the search warrant and declaring that there was a malicious obtention of the search warrant because all the statements there are not true. Eh biniyak-biyak. But when the warrant of arrest was issued. this people will be embarrassed… (Hmmmm… which gives me an idea…. So the German got a lawyer and he was inquested. if there is only one intent. There was even a use of a fictitious name and although the Major used his real name he was assigned already in Bongao. (PARANG CONTRADICTORY YATA…) Another thing peculiar about a search warrant is that a search warrant may either be implemented at any time of the day or night. I think the better approach there is for the department of justice to first reexamine all this cases and after reexamination give them 15 days and then create a task force and then if there is only one case. That is how they do it or just for the sake of harassment. Bakit? Sabihin mo may 3 kilo ng shabu don nakita mo idineliver sa bahay nila . from Muntinlupa even laguna.k. After violation of domicile it is actually the malicious obtention of a search warrant and the abuse in its implementation. Wala na yon. So there is this provision under the RPC which punishes a person for maliciously obtaining a search warrant. which has no lifetime unless the crime has already prescribed when the warrant of arrest was issued. There was a return the next day. with a rank of PO1. Di mo na tuloy malaman kung ano gagawin mo… all the courts ha have the cases of Baladjay. etc. which match the serial number indicate in the application and the German was incarcerated in jail. In the meantime. there is only one crime. I asked searching questions recorded by the stenographer and after having been satisfied at that time that there is a good reason for the issuance of a search warrant. So that is violation of domicile. file only one case with several victims. Bipolar Queen) ―pare. I asked them to raise their hands and asked them if they are swearing to the truthfulness of their statements. we subpoenaed all this people and they never did appear. They can make use of this to harass others or to extort money from others and the courts are supposed to protect the interest of those living within the Philippines.. no. But the cabinet must be returned to its arrangement. I have had the experience of really wondering how it come to pass that these people can become so imaginative… they will ask for a search warrant… really some of this people may be engaged in a nefarious trait but during the implementation. Now if the respondent in the search warrant is present in the house. they are removed first. If the search has been conducted in violation of this article. Floor polisher pang alis ng ebidensya… bisikleta pang deliver… kotse pang transport… asawang babae tagadala daw kunin din! An armored personal carrier with a cannon was used to break down the fence and the door. if they want to make it appear that the killing is legal. The problem is we don‘t know this organizations which are claiming to be a religious group – whether they can be considered as a religion. That is the rule. The hands should always be at the back if a policeman will handcuff a person. Reason: it was bolted by iron bars. it was done in a private place and that is legal. There is a hierarchy in who will be witnesses in the implementation of a search warrant. So you ask among the residents. Remember that peaceful meetings if done in public places may be regulated by the local government. pay attention to how he was handcuffed. You know. So if you defend. a teacher or any professional. Kunin yan hakutin. So a respondent who was handcuffed to a post downstairs even if the peace officer gives out the reason that he is a dangerous person that he may be able to grab a gun from where he is hiding them. it can be regulated by the local authorities especially if it would affect public order or public safety then they can on that grounds prevent the holding of a peaceful meeting or disrupt or even dissolve a peaceful meeting. Nor the neighbors that have a grudge against the owner of the house that is to be searched. it is not a sufficient reason for him to be disallowed to witness the search. If there are children.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel the writ or the search warrant is punishable. police officers ask first of there are children in the house. That should not be the case. they will handcuff the offender with his hands in front. bago yang refrigerator mo ah! San mo ba kinuha yan? Tingnan mo nga? Ginagamit yan sa paggawa ng shabu para tumigas ang shabu. they can. Is it a public place? The EDSA Shrine? Has it been declared a church? (Di din alam ni Judge) how about the vicinity? If those that are well-dressed and are known to be sympathizers of the EDSA want to hold a peaceful meeting there. kunin mo din yan. During the times when NARCOM was still the implementing arm of the Dangerous Drugs Law. he can be the only and sole witness to the search and that is valid. You cannot just interrupt a peaceful meeting in a public place wherein they were given a permit. di ba? Eh how about those that did not take a bath for 1 week? Will they be given any permit? Di ba they denied the permit? They shood them away? That could be considered as a violation of this or a violation of their rights. with his hands at the front or with his hands at the back. the search will be treated as if there are no witnesses. So you cannot say that well we will hold a meeting at the EDSA Shrine because it is a public place. that is when any member of his family may be a witness to the search for as long as the member of his family is of sufficient age and discretion. Because if you handcuffed him with his hands at his back. Some even tie the respondent to a post! In the US. If he was handcuffed with hands in front and he is under custody and he is being brought to the station. The usual witnesses are those who must protect their name: licensed engineer. how could he possibly grab your gun? The guy cannot even 11 MajArvin run for a number of meters if his hands is at the back because he will not have any balance… If the respondent is not present. How about the group of Eli Soriano? Ang Dating Doon? Can we call it a religion? How . Interruption of religious worship. or any person known in the community for his honesty. these people from the NARCOM will say ―O. ebidensya. The problem is the peaceful meeting here may be with a permit or without a permit. interruption. then get 2 competent independent unbiased witnesses who are both residents of the same committee. it is done in a public place. If it is with a permit. The next article is prohibition. Judge: you should only use necessary force. If it is without a permit. etc… there could be a doubt especially if he was shot there is prima facie evidence that he was salvaged. That is unnecessary. So if you say that the street is a public place for the use of the people. An officer was even dismissed for disarranging the cabinet of a child. It is only religious celebrations or religious ceremonies. If they complain. if you become a private prosecutor in the killing of a person who you believe was a victim of salvage. Washing machine… yung mga damit nyo nilalagay nyo rito para yung mga traces ng shabu walang Makita. That is the alternative. to interrupt the same or to dissolve the same is what is prohibited by law. X to ask for the non-admission of the articles or documents that were seized during the implementation of the search if he was not present. He should always be present throughout the search in all the stages of the search otherwise could be a reason on the part of Mr. To prohibit the same. He should be the witness in all the stages of the search. All that you have to do is to handcuff him also. police may be held liable for abuse in the implementation of a search warrant. It is not an absolute right to conduct a peaceful meeting in a public place. this peace officers. and dissolution of peaceful meetings. Or if it is done in a private place even if there is no permit you cannot also interrupt them or disrupt them unless of course the meeting would amount to a meeting of an illegal association or it would be a meeting for purposes of committing a crime. If the respondent or any member of his family is not present. Do not invite the drunkards in the community. The exception only is when there is a possibility that the contraband may be hidden in the toys or the child‘s cabinet. Only when it is actually an offense to their belief and during a manifestation of their religious belief that their presence is required. however. Q: Must the religious organizations claiming to be such. you want to hold a peaceful meeting there but then it would affect traffic. stealth. they have been recognized by the Supreme Court as a religion. 10 or 20 persons were inside a room or a building then they are having their prayers and the same is interrupted. In coup d‘ etat. if you study the decision of the SC in this respect. it is committed in a place of worship or while there is a marriage ceremony or a 12 MajArvin manifestation of a religious worship that any act that would tend or that is offending to the feelings of the faithful but then the faithful actually are very much seriously affected by it…then that is the only time it would become a crime. When you compare it to coup d‘ etat the comparison is about the means of committing the crime. Jehova‘s Witnesses. etc… can we call them a religion? There is a definition of religion which they have not met. according to the SC. 1. Like the cults. nanggaling lang kay Ernie Baron yang pyramid na yun eh. Sept. it is covered by Art 132 of the RPC. How about yung kay Ecleo. strategy etc.) taking up of arms against the government. it is considered offensive to the religious feelings of the faithful. You are not only supposed to think only of your right but you have to take into consideration also the rights of other people. Iglesia Ni Cristo and Aglipayans. Remember the cases of Iglesia ni Cristo and another religion. 2. not only the smell is offensive but the act of the person who did it. it is NOT in violation of Art 132 of RPC but it is in violation of Art. Boxing a priest while the priest is saying a mass. But so many people believed in it. you went in the middle of EDSA. 3. But when say for example. Offending the religious feelings of the faithful…naku! Actually. in one case decided by the SC. Kibuloi is constructing a pyramid somewhere in Pangasinan going to Manaoag. Superintendent of Cebu. There is no problem with that. usually the one who has a more important right than the other shall prevail. If it is committed in the place of religious worship. We go to Rebellion and Coup d’ etat. committed by members of the AFP or the military or the police or any public officer or employee and their purpose is to take over the gov‘t itself or any of its military or naval installations . There must be 1.) a public uprising.) and the purpose must be to take away the allegiance of the people from their own government or to take any part of the territory of the Philippines or its military naval installations or to deprive the President of her/his powers. the meetings are in private places. they are not religions! Is the org of Ecleo of Surigao a religion? There are so many charges even in the North. has been considered as a religion. it is not needed for the people to be present.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel about Brother Mike? Can we call El Shaddai a religion? Hindi eh. it is actually allowed by law and that the purpose of the meeting is not any of those that would be in violation of the provision of the RPC or for any immoral purpose. Say for example. it would affect the flow the transportation. It is not actually the feeling of the Church or anybody else but it is the feeling of the faithful that is supposed to be the basis for the commission of the crime. We can prohibit peaceful meeting if it does not conform with the rules and regulations of the local governments because the local governments are allowed to regulate even peaceful meeting. When you say peaceful meeting. But there was a case where they did not consider the same as offensive to the religious feelings because instead of the org being considered as a religion. What is the difference between rebellion and coup d‘ etat? Rebellion is committed by any person who by means of public uprising or taking up of arms against the Government intends to take away the allegiance of the people from its government or take away the people‘s territory or to take any military naval or other military installations or to take away the powers of the President of the Philippines. it would affect so many commuters. the scattering of the human excreta in a church even without the faithful being present. it is merely considered as an association of persons for purposes of believing on something. The SC did not say in People v. Is a Born Again or a Christian Religion can be considered as a religion? The SC said that it is not a religion but only a manifestation of one‘s religious belief. Interruption of religious worship or manifestations of any religion. there is no problem there. You cannot also hold a peaceful meeting in other places which would naturally affect also the rights of others. If the two rights clashes. in Ebralinag v. So. the commission of the crime is accompanied with violence. But then in the case of Iglesia ni Cristo where the preacher was reading the bible then he delivered his sermon then they disturbed or interrupted the same. How about the pyramid of Kibuloi? Don‘t you know that. 131. so it can be prohibited by the government. no one can regulate that except the owner of the establishment. be registered before being liable under this provision? Judge: I cannot answer you that because not even the law says it has to be registered. 2003 Any public officer or employee who shall prohibit or interrupt the holding of a peaceful meeting shall be liable under Article 131. Naturally. that is offensive to the religious feelings of the faithful. What is he going to do with that? Eh. Veneracion that it is a religion. When. you violate their constitutional right to be informed. ―part‖…Oakwood. this is your first time to encounter such a tourist attraction. otherwise. shall be considered as leaders. The problem of these people in the Magdalo group. This is a felony or a crime covered by the RPC and it requires a criminal intent and the case that should be filed should have only one criminal intent. I think it is not planned so well but it may have been planned in order to divert the attention of the authorities into what crime really was committed by them. So. 13 MajArvin How about rebellion? Rebellion is the rising publicly and taking up of arms against the gov‘t the purpose of which is to take away the allegiance of the people from the gov‘t or to take away any part of the territory of the Philippines from the gov‘t or naval. there‘s no question about that. Its only the leaders. It cannot be done because it would constitute as forum shopping. Is there any provision about coup d‘ etat that a part of the territory of the Philippines is supposed to have been taken over by them and that it is directed towards the gov‘t authorities? The purpose of coup d‘ etat is very definite. is it a swift attack on any of the gov‘t installations? What is in the crime of coup d‘ etat? Where is the swift attack to be directed?…eh. The problem here that I can see is the participation of each and every offender…there are those who were not granted bail when they are mere followers. as an organizer but actually the civilian can only be a co-organizer together with a man in uniform or a gov‘t officer or employee. But then there is a lot of question that even the DOJ cannot make head or tails. Q: Can the civilian be charged with coup d‘ etat even if it is said that it can only be committed by the military officers or employees? Judge: Yes. It can be committed singly or collectively. The two are different from each other arising from the same incident. So. if they are not informed of the nature and cause of the accusation against them. Q: In coup d‘ etat. they have to put their act together and charge only these people of one crime and they should not file so many cases. the civilians there can be charged even as a financier. But they are military officers. But there is only one incident. I am still at a quandary at this point. patay ka—no bail bec the penalty is reclusion perpetua. idinawit ng idinawit ang mga kasama bec everybody wants to talk. Eh. Medyo we have to analyze. Hehehe But did they seize any means of communication. we can‘t consider that as within the ambit of rebellion. bail is a matter of right. only one case bec. you cannot. I think that they have a lot of explaining to do and they have a lot of problem. Look at the penalty for rebellion and coup d‘ etat. what does the term ―directed against duly constituted authorities of the Republic of the Philippines‖ entail? Judge: The act of taking over installations. though in case the leaders are unknown—those who speaks for the group. you know he can jump easily bec he comes from the place of the kangaroos. with coup d‘ etat.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel or any means of telecommunications with or without the participation of the civilian population. the financiers and those who speaks for them that are considered as . It is only those who are considered leaders. Now. they cannot determine whether it is coup d‘etat or it is rebellion. the organizers. If it is a coup d‘ etat. if he assisted. That is the whole problem about it eh. financiers. Then they charged Trillanes and co. Can you divide a single incident to two or more crimes. Ah. it arise out of one criminal intent. The place where Oakwood is is a part of the territory of the country so papasok dun yun. we don‘t know yet bec we don‘t have actual facts. It would result to 2 judgments or orders to be issued by the courts which may be in conflict or contrary to each other. But then think about sedition. Of course. The problem there is proving their intention to take part of the territory of the Philippines. The moment that you speak for the group. You have had your own experience as an adult because in 1989…how many years ago? Ah. The other problem that I can see is whether the act of asking the President to step down is an act to deprive to deprive her or her powers. What is the penalty for a mere follower in rebellion or coup d‘ etat? Reclusion Temporal unless my recollection is not anymore to be trusted. There are a lot of problem that we have to solve in this case. As of the moment. Another purpose maybe is to deprive the President of her powers and prerogatives so maybe it will be along the line of rebellion. military or any other installations or to deprive the President of her executive powers and prerogatives. let‘s try to analyze only for the purposes of academic discussions bec we do not know all the facts. they filed against the Magdalo group a case of coup d‘ etat. Cardenas was charged of rebellion. There is a legal question here. What did they seize there? Would there be a complete presence of a coup d‘ etat there in your opinion? (4B-none) Based on their testimonies. And if its reclusion temporal. So. Really. means of communications etc is directed towards the authorities. For the same incident. they authorities cannot make up their mind. There is a public uprising. organizers. Because here the offenders are military officers so if the military officers are not performing their duties and they are acting in their civilian capacity. Let us suppose that it is true that these people surreptitiously entered the Oakwood. Could they be in the actual performance of their duties? They are saying yes bec they are doing it in order to save the nation from these people. Look at a certain portion of the law on coup d‘ etat… ―with or without the assistance of civilians‖. you are not yet adults. There is a taking up of arms against the gov‘t…there were display of firearms and bomb…no problem. you have to choose which of the crimes they have committed. puro foreigners ang nandun eh. They said that the only important person there is the ambassador of Australia. There could be no multiple criminal intents here. I have personal knowledge that the 1st case that they filed is against Cardenas and it is for rebellion. It‘s a part of the territory. hehehe CA 408 as amended by RA 7055. you do not want anymore to participate in the rebellion. staged several attempts and he was not successful.) to prevent the proclamation of any law or holding of a popular election = it‘s not that because there is no law that is being prevented from being proclaimed and there is no popular election that is sought to be prevented. it speaks only of rebellion.meaning that a proposal has been made to you and that you agreed to the proposal and decided to commit rebellion. that is where you consider it tumultuous. But under the law. yes…I researched. Before the law on coup d‘etat was passed. These are the cowards. it is when you are unsuccessful in the rebellion that you get punished. that there is none bec there could be only spontaneous desistance in the event of an attempt or an attempted felony. does not without delay give information thereof to his commanding officer shall suffer death or such other punishment as the court may direct. the substitution of old members of the SC. although it strengthens the civilian supremacy over the military bec it was not included in disloyalty of public officers or employees then it falls under military law. So. Probably 2004. that is mutiny. Eh tinakbuhan mo eh. After their experiences during the times when Gringo. that is the meaning of tumultuous. you will ask probably ―sir. They are entitled to bail as a matter of right. The problem further is exacerbated by the fact that there are those who were not at Oakwood. there was no direction. can you still be held liable for conspiracy to commit rebellion? Could there be a stage of spontaneous desistance in rebellion considering that it is a crime against the provision of the RPC? They say. who being present at any mutiny or sedition…‖ the word mutiny here is actually coup d‘ etat. on death due to tumultuous affray or physical injuries due to tumultuous affray. Everybody comes from an alley. however. If the leaders etc are supposed to be punished by that penalty. Now. Here it is. There is no jurisprudence. it is actually a mutiny.) prevent the National Gov‘t to freely exercise its function = so when you ask the president to step down or to leave the Office of the Presidency. question. Disloyalty of public officers or employees. it‘s a forced resignation bec at that time we have a rebel constitution. supposing that is a question in the bar. As I said. And accdg to the law. But as we know the nature of attempted of rebellion is in the nature of a proposal. he must have taken a direct participation in the commission of rebellion. Meron…in CA 408. I believe. The mere attempt or frustration is already a consummation of the crime of rebellion as long as you have taken part in the attempt. This is what happened here. One area of concern that I have is supposing that you have already committed conspiracy to commit rebellion. the movements of the offenders and the offended parties there are in a confused and disoriented manner. just like these instances where there are rumbles etc. these are all for political and social ends. let‘s go to Sedition. you don‘t know whether they take a bath or not. The third is different…3. Those who are merely followers would suffer only a penalty of reclusion temporal and therefore they are entitled as a matter of right to bail.‖ This has not been amended ha. But they succeeded that‘s why all their acts are legal including the mass resignations of public officers and employees. It was a directive that we submit our ―courtesy‖ resignation. you are only supposed to be liable if you take direct and active part in the crime of rebellion. What is the next purpose…2. To continue ―…does not use his utmost endeavor to suppress the same or knowing or having reason to believe that a mutiny or sedition is to take place. The penalty of death. If you are successful. Because when you say tumultuous uprising. ―Any officer or soldier. You don‘t have to file a motion for them to be admitted to bail. you went to your home province. alam mo. coup d‘ etat came out only as a law in 1991. The most severe penalty that could be imposed is reclusion perpetua. no more.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel leaders are punishable with reclusion perpetua. Under the law.. and this is covered by Court Marshall bec RA 7055. And the fourth and the fifth. Now. the followers are supposed to be sentenced only for a penalty of reclusion temporal. We are really at a loss now. Look what happened to Cory and company. he is still not successful. You don‘t violate any law. this is an area which is pregnant with meanings. that would mean that you are asking the President to abdicate and prevent the President from exercising her duties. etc. You cannot deny them to their constitutional right to bail. And I‘ll point to you the exact provision of the law…its I think…in Art. This law is . if the rebellion then did not succeed in toppling down Marcos. There is no attempted rebellion or frustrated rebellion…none. it does not speak of sedition nor coup d‘ etat. This is not a crime where the penalty is reclusion perpetua to death. if they only said that their intention is to prevent the holding of a popular election. Actually. When will he be successful? Hehehe I don‘t know…I can‘t tell you what crime is committed in Oakwood. This is what we call ―cowardice‖ in military parlance. you suddenly turned chicken.) to inflict an act of hate or revenge against any public officer or employee. It is the court that should fix the bail. it must be done by at least 4 persons who are provided with means of violence. So. But when rebellion is already about to take place. it might fall under sedition. what would happen if these people failed to resist a coup d‘ etat but they have the necessary means? Can we punish them?‖ Eh. Just like the EDSA 3. 68. they would have been charged of rebellion…tapos sila.. however. Any person who possesses all the means to resist a rebellion and failed to do the same shall be guilty of disloyalty. We were all then 14 MajArvin asked to resign. it was tumultuous. you cannot be punished. You can defend your stand either way. Okay. Now. The only stages of rebellion and coup d‘ etat are Proposal and Conspiracy. In order that a person may be held criminally liable for rebellion. When your own soldiers turn against you. the great MexicanAmerican-Filipino. There must be a tumultuous uprising and the purpose are very definite – 1. ) Judge: There were so many answers different from each other. sedition and coup d‘ etat. you burn. you cannot arrest a person who is committing only an act of conspiracy to commit rebellion. Article 143 is actually one of the crimes of popular representations. They are all absorbed if it is in furtherance of rebellion…you steal. so she called all the members telling them that the chairman of the committee has decided to postpone the meeting for the next month…you don‘t have to appear today. But then in rebellion. he incited others to commit any acts of sedition or rebellion by means of his speeches. it is only rebellion. The purpose there is an assault upon the womanhood of the girl in order to achieve the purpose of the rebels. However. CRIMES AGAINST POPULAR REPRESENTATION After this. I‘ll give you a copy of this including the ―Articles of War‖ which is CA 408. There are instances where we . its in furtherance of the… Judge: …actually. So. there are other provisions of the law to discuss. etc. that is the explanation why rebellion is a continuing crime and that the offender at any stage of the rebellion is eligible to become a candidate for warrantless arrest. therefore. it ends there. Q: What if the people who are committing rebellion managed to take hostage the President and the President has a daughter. It is simply absorbed. of the committee who made such misrepresentation. The rape there is NOT actually one that satisfies the lust of the offender. no aggravating circumstance. remember them. The disturbance must be with the intent to cast dishonor or not dishonor to actually show disrespect to the board itself or the body to interrupt its proceedings. Although rape has been transferred to crime against persons. Ramos and companion cases. it could not be a continuing crime. They can prolong the same. These people threatened to rape her daughter if they would not transfer control of the gov‘t to them. Maybe you got hold of my exams question. The moment that there is a public uprising. Disturbance or disruption of the proceedings. If it is a crime that if committed right now. there is a taking up of arms. the sec. Those cases. I think it is absorbed. Therefore. Rebellion cannot be complexed with any other crime. Remember that rebellion is a continuing offense. This usually happens when any person who by means of fraud or force shall prevent the meeting of the National Assembly or any of its committees or subcommittees or any of the constitutional commissions or committees or divisions thereof. the legislative body that is supposed to be covered only by this provision is only up to the municipal board. the fact is that you have to prove that they have committed acts of rebellion or sedition. This puts into a serious question the act of effecting warrantless arrest against those who are in the act of or prior to the commission of rebellion. however. The same rule applies to coup d‘ etat. then the employment of force. or of any provincial board or city or municipal council or board. It is only the fact of transfer for purposes of prosecuting the same de oficio without the need of participation by the offended party. you kill. intimidation 15 MajArvin and the purpose is almost the same. To be very clear about it. etc. there is no problem with these.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel important. that was a question that I propounded about 5 years ago in an exam. of any committee or subcommittee is partial to one of those under investigations. Neither could you arrest a person for conspiracy to commit coup d‘ etat. RA 8294 absorbs illegal possession of firearms explicitly and there is no consequence of having an illegally possessed firearm in crimes of rebellion. Say for example. There have been instances when fraud may be employed in order to prevent a member of the National Assembly from attending. Meaning he is still undecided. I just thought of it now. The Sangguniang Brgy or S. bec I usually answer my exam questions but its just only in my databank which I am keeping in my computer. Are there any more questions? Well. the fact is that it is still considered a private crime. (Thony: judge. there is no result yet of the public uprising and the taking up of arms. That is the case of Umil v. So. Let us see. It was the position of the Congressmen then that the crime of rebellion is a prolonged struggle for the purpose of overthrowing the gov‘t that is why it is considered as continuing. there is fraud. it takes a long time in order to achieve their purpose then that is why it is considered as a continuing crime. The only thing that you have to remember here is that the offender must not have committed an act of rebellion or conspiracy to commit an act of rebellion or conspiracy to commit sedition or sedition itself. these are the things that you should remember in connection with inciting to rebellion or inciting to sedition. So. Cite them in the event that you are asked a question as to why rebellion is a continuing crime. Force…you actually point a gun at them so that they cannot attend. some of the purposes there are different from coup d‘ etat. you rape. are NOT covered by this. banners.K. It‘s high time that you should be familiar with this bec of the question at Oakwood and other questions that may arise in the future. Would you consider conspiracy to commit rebellion as a continuing offense? No. There have been other instances where those who committed acts of inciting to sedition have been committing acts of rebellion already or sedition. violence. That‘s the answer that I gave. In regard to Inciting to rebellion/inciting to sedition. It is considered as continuing crime bec of the discussion in the Senate and in the House of Rep when these laws are being amended esp the passage of the law on coup d‘ etat. It will start from a swift attack. all the members did not appear and it came to the attention of the chairman that it was the sec. I will repeat. You know how it is in the country. after tapos ka na maging Congressman. But then he does not react. He violated the law on firearms…pasok pa rin sya. si Jack pala eh. he cannot be imprisoned bec he cannot be arrested. But if you invoke parliamentary immunity under the Consti. If the Congressman is violating a special law even if the crime is punishable by less than 6 years. if the violation is against a special law. What will apply then is his constitutional right against illegal searches and seizure. The court ordered a decision for his imprisonment. you can arrest him even if he is going to and from Congress. Who made this? (4B-Atty. parliamentary immunity does not apply under the RPC. if a congressman is seen playing cara y cruz in violation of PD 1602. Illegal Assemblies. ito lang. instead of prision mayor. But if he is going voluntarily to serve his sentence. the session will have a recess in one year. She claimed that they are impairing the respect due to her. Judge: There is also no provision about suspension. when people gather together for purposes of committing any of the crimes punishable under the RPC or any law for that matter. Judge: Ya. No…it must be due to the committee or the body itself…not to a particular Congressman or member of the committee or subcommittee. Q: Or is it suspended.000. I don‘t know whether we have this already in a case. wag lang lalaki. There was a time when a Congressman from down in Mindanao. Then we have violation of parliamentary immunity. The problem is arresting him or searching him. Alam nyo naman yun eh. the impairment of his speeches. So. Q: (Following question #3 in Poli midterms) Congressman Cruz was convicted of slight physical injuries and sentenced for imprisonment for 15 days. if the amount is less 16 MajArvin than P6. meron bang order dun na less than P6. The word ―search‖ is actually a word that is very important to Congressman. The decision became final. He‘s good. dun mo siya arestuhin. 315. His argument is correct. Q: Sir. Is the Communist Party of the Phils an illegal association? If it is true that their purpose is to collect revolutionary taxes without trial or due process under our existing . However. it shall be considered as illegal assembly. can he be imprisoned already. I think his name is Delangalen. You cannot kahit na dumaan pa yan ng lexxus o pegasus. if you are going to invoke parliamentary immunity under the RPC. I think she recognizes them. the search when the firearm is not in plain view. the firearm is inadmissible in evidence and you cannot convict him. it is not considered a violation of the law. wala nang maraming usapan…libre pa rin. he is actually a very articulate person but the problem is he is usually at the opposing side of what is popular that is why he is receiving all the interruptions. Any person who violates the parliamentary immunity of any member of Congress whether the same was committed during a special or regular session and the member of Congress is going to and from attending the meeting in Congress by forcing him or threatening him not to attend the session or from the meeting of the Assembly or even preventing him from expressing his opinion or casting his votes or searching him or arresting him for any crime the penalty of which is 6 years or less shall be held criminally liable under this article. And the evidence that may be obtained against him shall be disallowed form admission. What is the provision under the Consti in connection with the parliamentary immunity of a member of Congress. You have to change the last word in Article 145. if he commits acts of lasciviousness in Pegasus. siguro Coke lang noh tsaka mani. But you know. even if it causes disruption as long as there is no criminal intent to disrupt the same would not be a violation of this article nor such acts that would impair the respect due to such body. you cannot arrest him bec it is punishable under RPC but the penalty is only prision correccional. he is not immune. One who was not able to control her temper was Senator Santiago when she saw 2 women from the rich communities here. Remember ha. Jack knows ALL the cases in the SCRA (hehehe ). The law did not distinguish whether the arrest should be made by reason of finality of judgment or by reason of having committed a crime even under the constitution. He argued that he cannot be imprisoned since congress is in session. Jimenez) Oh. oorder sya less than P6. So. Any question re violation of parliamentary immunity. Is this argument tenable? Judge: Imprisoned…not searched or arrested. If you are going to look at Art. 2 years yung prescription di ba? Granting that it is 1 year. Or estafa. Will it include violation of special laws? The parliamentary immunity of a member of Congress in regard to search and arrest are only for crimes punishable under the RPC and does not cover violations of special laws. you have seen the tantrums of those in the Congress and those people in the gallery.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel believe that the act of certain individuals by reason of the behavior of those attending the same. the session will have to have an end for 2 years. A penalty for a light penalty prescribes in 2 years. So. Q: Hindi magpreprescribe kunwari yung crime o yung penalty? Judge: That is the problem. It is an illegal association. it is an illegal association. What is prohibited only is of course. There is no problem in the prevention of the members of Congress from attending or from expressing his opinion or from casting his vote. its supposed to be prision correccional. Does it involve all crimes or all offenses? All offenses yan eh. he could be imprisoned. he took them in stride. naturally.000.000 the penalty cannot exceed prision correccional. the mere fact that you are a member of an association the purpose of which is to commit any of the crimes under the RPC or any other law and or the purpose of the association is immoral. How about in the Constitution? That is the problem. wag mo lang gugulpihin ng masyado serious resistance lang…baka slight resistance pa nga eh. patay yun. Kasama ba ang coup d‘etat? Oh. justices. That is the only exception to the rule. Under those who are ―appointed‖ persons in authority are the judges. There is a problem there…esp now. There are. Naturally. In connection with persons in authority. Then you have lawyers who are considered as persons in authority but only in the actual performance of their official functions. the reason that he must be assaulted is that he is enforcing 9165 or he has enforced 9165. You are from Sulu. ayan di na naman kasama ang coup d‘ etat. But the moment you do it to a person in authority such as brgy chairman. There are two kinds of direct assault. But the policeman charged him only of direct assault. but only during the performance of their official duties…only in the performance of their official functions. He can call the assistance of any person in order to enforce RA 9165. these people are not supposed to be voters of their locality bec they are not legally residing in these places. Sa ngayon. Direct Assault. It is actually the CPP that may be at one point a legal assoc. brgy ―tagay‖. by special provisions of law. Ang judge or mayor by reason of the performance of their official functions ah. It is only serious resistance or disobedience. it is an illegal association. teachers etc. however. They cannot be considered as persons in authority by reason or on occasion of the performance of their official functions but there is an exception to the exception. di mo na kasi alam ngayon eh. hindi mo pwedeng batuk-batukan yung abugado dun esp if he is conferring with his witness.) direct assault when any person employs force or violence upon a person in authority or their agents when there is no public uprising but their purpose is to achieve the purposes of rebellion or sedition. Under RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. I have been telling you since 1st year. a teacher or any member of the academe shall be considered a person in authority within 100-meter radius of the school (from the fence) where he is teaching. This is the only time that teachers are considered as person in authority. the SC said NO. if it is in connection with the enforcement of RA 9165. Kaya pag nanuntok ka ng police. these students have a grudge against the teacher and he physically assaulted the teacher within the school. Because the teacher must be ACTUALLY enforcing RA 9165. bec we already decriminalized RA 1700 that is outlawing membership in the CPP. it was by reason of the performance of the official function of the judge. An agent of a person in authority is a person who is only in charge of the enforcement of the laws. Magulpi nga.. violence or intimidation shall seriously disobey. a person in authority is any person who by reason of appointment or election is in charge of the execution of the laws or he is vested with jurisdiction.MAPSA. An agent of a person in authority. SEPT. the degree of assault is rather lighter than the degree of assault in agents of persons in authority for purposes of direct assault. not serious resistance or disobedience bec they are different from each other. So.…nakita mo sa Baguio.) any person who shall attack and employ force. the assault is not so serious as to consider it within the purview of direct assault. would that be also direct assault? Judge: NO. A teacher in the public schools or those who are principals. Same is true with the mayor. congressmen and other persons who by reason of their being elected are charged with the execution of the law. governors. the mere laying of hands to these people with intent to defy their authority is already direct assault. We do not know already who is an agent of a person in authority. what if the teachers are enforcing the RA 9165 and for example. including those teachers in the private schools as long as the schools are recognized by the government they are considered as persons in authority. it is already direct assault. prosecutors. directress. They are the first kinds of person in authority. resist any person in authority or their agents and it shall become qualified when the assault is with a weapon or when there is a laying of hands against a person in authority or when the offender is a public officer or employee.‖ Direct Assault pa yun bec. ONLY. there is move to disenfranchise the people in the squatters area.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel laws. 3. In person in authority. that is when there is a direct assault. the assault must be serious that the agent of a person in authority may sustain even physical injuries in connection with the assault and that is the only time when there could be a possibility that there is a direct assault. I think Congress should adopt a law creating positions for these people so that it would be uniform. even the head of a department in the Bureaus are considered as persons in authority.. persons in authority. But you have to first determine who are the persons in authority or their agents. the accused delivered a blow to the breast of the policeman. Brgy Tanod. 17 MajArvin Q: Sir. 1. ―Ito yung walanghiyang judge na nagsentensya sa akin eh. Do you remember the case of a policeman who was serving a warrant of arrest against an accused and instead of surrendering himself to the police. Bantay Bayan. 2003 . Yun yung mga police. But definitely the NPA at present is considered as an association that is illegal. the mere laying of hands on a person in authority with intention to defy the authority of that person in authority. The public officers who are elected and in charge of the execution of the laws and some of them are vested with jurisdictions are the mayors. 2. he was able to lay his hands on the brgy chairman and you know that most of the brgy chairman are retired gov‘t employees. The next topic is the Disobedience to Summons issued by the National Assembly. You assault them ON OCCASION thereof. So. Let us suppose.maybe you are an apartment dweller. Indirect assaults. I have explained already direct assault. probably lose their balance and sustain injuries. indirect assault. The feelings of people like that esp when they are obsessed with jealousy and other things and they believe that the chairman is taking advantage of the situation…is there any intention to defy the authority of the brgy captain there? NONE. the security guard immediately confronted the brgy captain… ―Chairman! Walang chairman chairman sa akin. direct assault can be complexed with other crimes. by a Constitutional Commission or the Committees of the National Assembly. What is important in direct assault and indirect assault is that the victims must be known to be such by the offender. They will always ask for the brgy captain. Walang pwedeng humawak sa katawan o braso ng asawa ko! Ako lang may karapatan dyan. it would still be direct assault and not indirect assault. attack. I cannot remember anymore what are other areas that can be discussed here. they met each other there. retired private employees. It must be shown that the purpose of the offender in assaulting or laying hands upon person in authority is to defy his authority. you look at the law. that is not direct assault bec the law was not amended by Art 134-A. In crimes against persons. even on occasion of the performance of their duties or by reason thereof and they are assaulted. Serious physical injuries with direct assault. A judge who sentenced a person. that is when there is assault. Also. If you have lived in a place where there are so many people in the community esp in congested areas -. You assault them BY REASON of the performance of their duties. Ex. then it is direct assault. The persons in authority who are assaulted while IN THE ACT OF the performance of their duties.‖ But in doing so. The only person or persons who may be a victim of indirect assault is a civilian but if he is an agent of a person in authority he must not be in the performance of his duties otherwise. going to the mayor and telling him that ―you have to do this. The captain filed a case of direct assault against the security guard. but the person was sentenced in Makati. it is as if you have assaulted a private person. Now. if he is in the performance of his duties. there is an indirect assault. You do not have any respect to a brgy captain and to an old man. this is direct assault.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel I think I have partially discussed Direct Assault already. they saw each other in Batanes. They . There is no prescriptive period from the time of sentencing or from the time that the judge has committed any act that would cause any reprisal against him.-. homicide with direct assault. in brgys the usual pacifiers of troubles whether it be serious or slight or any commotion in the community is always the brgy captain. If there is none. murder with direct assault. Any person who comes to the aid of a person in authority or his agent and he himself was assaulted and the person who was assaulted has been known to the person who assaulted him as a person assisting a person in authority or giving any aid to a person in authority. And they can only be complexed with each other if they are considered as special complex crime. Remember the importance between persons in authority and agents of a person in authority. here is the husband—a security guard. it can be complexed. there is no direct assault. for example. Let us suppose that 2 women quarrel and they are disturbing the tranquility of the community so people send somebody to look for the brgy chairman then the brgy chairman came. While the brgy chairman is actually conducting one of the protagonist towards her apartment. In the 2nd kind of direct assault. upon seeing that the brgy captain is holding the arms of his wife. What else? Do you have any questions regarding these assaults. The brgy chairman has been trying to pacify both and convincing them to enter their respective residences. then the person who was sentenced assaulted the judge after having served his sentence. etc upon a person in authority. there must be an intention to defy the authority of a person in authority without such an intention it will not be a direct assault. puntahan mo si kapitan. there is no direct assault. It cannot be complexed bec one is a special law and the other is felony under the RPC.. I don‘t know if there is a case cited in your book that the offended party must be an agent of a person in authority. that is not correct.there are usual friction among people who lived in congested areas. Oh. You don‘t even need to lay your hands on the person in authority. How about carnapping with direct assault? NO. Coup d‘etat is not included ha so if a question is posited in a way that direct assault was committed against a person in authority to achieve the purpose of coup d‘ etat. yes. that is direct assault. Be careful when they ask you a tricky question like that. you will not experience this if you are renting a condominium unit or in a subdivision. that is direct assault. Intimidating. in direct assault against these people 18 MajArvin who are vested with jurisdiction and who are in charge of the execution of the laws. You must note that even serious intimidation against persons in authority who belongs in this class are considered direct assault. otherwise…‖. they are already passed their prime and a small push here and there will make them stumble. this is the second form of direct assault bec the 1st one is the purpose of these people are to achieve the purposes of the crime of sedition or rebellion. But you have still to qualify direct assault in this respect bec one of the important elements of direct assault aside from the assault etc. We all know that the only authority that the Nat‘l Assembly has to summon a person is in connection with any inquiry in aid of legislation. If the victims are not known to be such. even serious intimidation is included. direct assault. Alisin mo yang kamay mo. direct assault. Its just so frustrating to us who have studied the law on how these people can actually violate the law itself that they have sworn to protect. in these tumults and disturbances which include those that will involve public order.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel don‘t have any authority to find the guilt or innocence of any party but that is what is happening now. You will note that sometimes a resolution is not yet officially released but it is already published bec. there are people who don‘t believe in God or an oath. We are thru with direct assaults and disobedience to summons. not left hand. and ask him whether he solemnly affirms that what he is going to tell is the truth and nothing but the truth. They are not being called as witnesses. and other written materials but never an article or goods. 1. It must be the right hand bec. Now. So. Its common to courts and even the Office of the . it would be only an affirmation bec. If there is no malice. Just remember 4 or more armed persons or 4 or more persons who are provided with means of violence. when you are summoned and you appear. in the event that you violate all these. Unlawful use of means of publication. you have to appear. You have to remember that bec. there is no violation. But if it is already a summon. the same must be committed by at least 4 armed persons or 4 persons provided with means of violence in order that the same may be considered as tumultuous. you may or may not appear and you don‘t incur any criminal liability. And I told you at one point that Pres ERAP when he took his oath. 2. Naturally. Without that there is no oath. Do not tell a person who is testifying that ―you are lying!‖ Does he have that power. when you become Congressman or Senators. you still have an obligation if you are called to testify not as a witness but as a resource person. You cannot say that ―I don‘t believe in God—no oath. the 2 may be interchanged with each other but the word FOUR will always be there…more than 3. So. passing a law or repealing a law. Now. then you have a problem. that is showing disrespect to a Constitutional body so you will be sent to jail. documents. Oath means that he will have to take his oath by raising his right hand…right hand. 153. The Senate or Nat‘l Assembly can send two kinds of requests for a person to appear. placard. So what you are going to do is ask him to stand properly. no other. you may be asked also to produce papers. Now. Those who insists however then it is malicious if actually the very face of the news involves already what appears to be tainted with malice. there must always be malice. I said malicious bec. These may be subjects of a summon which tantamount to a subpoena duces tecum. He has to be placed under oath. And whether the guy is telling a guy or not. that is considered as in violation of Art. You can choose any one of the two. Like this. if he can stand. 153. please ask questions only in order to get things out of the witness for the purpose of amending a law. Tumults and public disorder is actually any serious disturbance in a public place or in any gatherings or in any peaceful meetings and these tumults and public disturbances are considered as violation of Art. It is not an impeachment proceedings. Those making an outcry in a peaceful meeting to incite others to commit rebellion or sedition by means of speeches. That is an abuse of your parliamentary immunity. you have to answer the questions but naturally. That is why when a person administer an oath to another you must tell him ―Do you swear to tell the truth the whole truth in this proceedings and whatever. only to be corrected later on. The thrust of their questions most of the time is to find out whether the guy is guilty or not guilty. It is actually common. kaya nagkalokoloko siguro. That us when you are supposed to be punished for violating the law. there is a law that says that if the answer to the question would incriminate you and may be used against you in 19 MajArvin any court of law or in any other proceeding that is a ground for you to invoke your right to self-incrimination and that is a legal excuse or a legal and valid reason. orders which are not yet authorized to be published or released.) The publication with malice of false news which is known to the offender that it is actually false. They are only being asked to become resource persons. There are I think four. he raised his left hand before Chief Justice Narvasa and nobody have the guts to tell Erap that that is wrong. We have had the occasion of discussing tumultuous uprising in sedition and this is the same. You have had the experience of reading false news in newspapers or other articles. If you found him lying. Sinasabi ko. Do they have that power to determine whether the person is telling a lie or not. would it aid you in passing a legislation? Hindi eh. Even if you publish a million false news. If it is an invitation. In tumults and disturbances in public places or in peaceful gatherings. you will be asked to take a solemn affirmation and if you refuse that is when it becomes a crime without any justifiable reason. you are going to swear before God. so if it is corrected then there is no malice. We are thru already who are persons in authority and their agents. books. if you answer all the questions.‖ (Hehehe ) kasi kaliwa eh. If you have been sworn and you are to testify. That is a solemn affirmation. if you do not obey the summons of these people you may be sent to jail. It is a crime aside from it is contemptuous to the dignity of the Senate and any of the body that is convened for that purpose. Minsan natatawa ako sa husgado nga eh tinataas ang kaliwang kamay eh.‖ And that there must be an accompanying phrase of ―so help you God‖ that is why it is considered as an oath. The next article involves crimes which are considered as Tumults or Public Disorder. the law prohibits a person even in making an outcry in a peaceful meeting or gathering to incite people to commit rebellion or sedition. One is an invitation. And the last of which is that burying the body of a person with pomp and that person was legally executed. some enterprising reporters are already equipped with a copy of the order. etc.‖ BU then there is a substitute. But how can you justify anymore not taking either an oath or affirmation. that is different already. ―mukha atang si Satanas ang iyong Diyos ah.) The publication of resolutions. a decision of the SC which was not yet been supposed to be released but the same was released prematurely. there must be at least 2 convictions in order that he may suffer reiteracion. alarm and scandal is committed when the purpose of the offender is to cause alarm.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel President. 3. sinong M4?) Si Mawanay. windows. you go to jail. in the latter you did not point the gun at the direction of another person.. 2. If he refuses. 3. differentiate it with illegal discharge of firearm and attempted homicide. Look what happened. Mike…apat yun na ―M‖…nareceive ko lang sa text yun ha. deceit. look at the income taxes of the millionaires compared to fix earners whose income are recorded. its within a town. The publication of these articles in connection with these crimes are considered as unlawful use of publication. (Sir. violence or intimidation or through connivance with other convicts or employees of the penal institution.) Ordinary prisoner escapes from jail while serving sentence *Aggravating circumstances—when the escape shall have taken place by means of unlawful entry. It must be a felony ha. anywhere. eh you discharged your firearms on top of a mountain. Eh supposing a town is composed of flat lands and mountainous ranges. before beginning to serve such sentence. gates. he will be sentenced to imprisonment not exceeding 6 months. Lets take a break. If convict who evade service of sentence gives himself up within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. so he must be a quasi recidivist if he commits the second crime while being tried or while serving sentence. As I said. I will not. I don‘t know if the case of the Kuratong Baleleng will be prematurely released. There was one time. you can always say that is only illegal discharge. Even in the SC. ngayon M4. 20 MajArvin And attempted homicide. The word ―town‖ here is misleading. roofs or floors or by using picklocks. Evasion of Service of Sentence 1. habitual delinquency and reiteracion. breaking doors. Alarm and scandal with the use of a firearm. That means to say that the town is the poblacion or the center of the town.) Those who by means of words or utterances shall encourage people to disobey the law and those who actually exhorts the commission of any violation of any act. To distinguish it from recidivism. I don‘t have any intention to kill. (Oh no. That is why he is called a quasi-recidivist. Kung papatayin kita eh dapat tumba ka na dyan. the Presidente of the town at the time is always under the priest. you don‘t pay your taxes. required to post a bond to keep the peace for a period not exceeding 6 years. Gone were the days when you can trust your employees.) During calamities or disorder Mutiny here means ―riot‖. This award is not given to prisoners who participated in the mutiny or riot.) Violation of Conditions in Destierro (judge‘s addition to the list of kinds of evasion) now. Presidente. disguise. However. September 8. There are so many enterprising people there eh. But all must be felonies. when you are a poor shot. they call the mayor. blank na other side of tape. walls. During the Spanish times.) Violation of Conditional Pardon 4. municipal hall. or while serving the same is considered a QUASI-RECIDIVIST. IN the U. Any person who shall commit a felony after having been convicted by final judgment. But you cannot take the defense of alarm and scandal bec. If it is in any town eh di lahat na yan. If you will notice. news etc that are authored by an anonymous persons or who put their name as anonymous. You should know the differences by now. dito I‘ve been telling you. 2003 Article 160. it is a discharge of a firearm when a firearm is pointed to another without any intention to kill that person and then that firearm was discharged and it did not hit the person to whom it was pointed to. he shall be awarded with 1/5 reduction of the penalty IMPOSED upon him. That is 1 of the defenses that you have in attempted homicide of which the bullet did not hit the victim. The first kind is by discharging a firearm in a town or a public place or by exploding any explosive device in a town or in a public place.S. In recidivism. So. Alarms and Scandals. the place where the church. you point the gun at the direction of the person with intent to kill either you hit him or did not hit him. sa bagay may F4 naman eh. scandal or fear when a person discharges a firearm in a town or a public place. Mahusay. The town here is actually a translation of the word ―poblacion‖ where people actually in that town resides. the charge is always in front of the municipal hall in the old towns bec. there must be at least 3 convictions and for what? Only two of the same or equal penalty. Follow me.‖ And that is already a violation of this article. false keys. Bec. If you hit him and the wound will not cause his death that is attempted homicide. It would be anywhere in a town but they accompanied ―or in a public place‖. Naturally. Palusot yun ha. ―Don‘t pay your taxes etc. commercial and residential areas. 4. Now.) About publication of articles. a town is up to its boundary. that‘s why they said ―or in any other public place‖.) Majah‘s notes: Article 157. that encourages other people to disobey the law. That is already four. And if it is for a light penalty. belonging to the same . it‘s the center of the town. Reiteracion. Mateo. You must have to remember that this has been asked more than 10 times in the bar exams. the coin that must have been mutilated must be of circulation.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel title of the Code. I believe that you will not agree to the description of the Great Seal of the Rep of the Phils bec. The mere punching of a hole. the selling of false or mutilated coins without connivance. He knows that he has the expertise. Now. How about counterfeiting coins. Either any of the 4 or 5.. he has been using a fictitious name. But then we don‘t know the Great Seal of the Phils. But do you know what is actual mutilation of coins? Mutilation of coins is the extraction of the precious metal from the coin itself. Oh. the one with a hole in the middle. May I ask you…can you describe to me the Great Seal of the Republic of the Philippines? Because forging the Great Seal of the Republic of the Philippines or the stamp of the Chief Executive or the signature of the President is a crime that entails a penalty of reclusion temporal. The act of importing all these. changing. So. lets see what will happen. In P20. how could it be that it is included in the description of the Great Seal of the Republic of the Phils. that is what is known as forgery. Not his real name. I believe it is there. She was not charged under Article 161 but charged under Article 162 of the RPC—using a falsified signature of the president of the Republic. But it is not Jose Velarde…no. Or the stamp of chief executive or signature of the President or even use them knowing for a fact that they are falsified. you have to remember that in counterfeiting of coins whether the coin is in circulation or not. When you talk of forgery and counterfeiting. These burning.000. estafa. They are prohibited. they have to describe the Great Seal of the Republic of the Phils or as the historians to describe it bec up to now we still don‘t know. it even includes a lion and an American eagle and we are not actually in America. In habitual delinquency. The counterfeiting is actually the one that is supposed to be making it appear that a particular document is a genuine one…a commercial document for that matter. so he can use another fictitious name. Estrada was elected in a fictitious name. this is just making it a light moment ha. This is a description of the Great Seal of the Commonwealth of the Phils. all of these acts are punishable. If you will look at your book. There appears to be a Seal there. if you counterfeit the same. punching and defacing of coins are punishable under PD 247 which was decreed by Marcos during Martial Law. As if he can counterfeit a coin not in circulation how much more that he cannot counterfeit the ones in circulation. I have had an experience of trying a woman who claims to be the niece of a former President using documents which gives her the power to assign units in the bliss condominium at Guadalupe Makati and was able to get more than a million bucks bec one unit is to cost an applicant P80. superimposing. you can find an eagle and a lion. it must be current. Well. 165 of the RPC. then. they are considered as in violation of Art. that is considered as forging. the burning of a coin is not punishable under Article 164 of the RPC. The reason being that the danger that this counterfeiter causes to the economy of the nation is there. during the Martial Law. hurto. His signature. We have forgeries. no problem. Or an American eagle…I have not even seen an American eagle even in the zoo. It is composed of a wooden handle of about more than 6 inches with a stamp beneath and it is always being placed in any communications which the President of the Republic of the Philippines is sending to other Heads of States or ministers or other dignitaries. there is no problem. So. . falsificacion. they are being interchanged by the law and we should not distinguish when the law don‘t distinguish. There was a lawyer who was found by Marcos during his time to be forging his signature but he never 21 MajArvin dismissed that lawyer from malacañang and did not allow him to be employed in the govt during his time. He can always counterfeit them. On the other hand. it is punishable. As I said the coin that must be mutilated must be a currency that is circulating at the time when it was mutilated. you have robo. The stamp. It turned out that the signature of the President there was falsified and she used that falsified document. Forgeries. if it is a mutilation of coins. This is then what is prohibited by Marcos even the making of pendants out of coins. Ain't it so? He used the name of Joseph Estrada when his real name is Ejercito. Very easy to memorize them ha but almost every year they are being asked in the bar exams. the mere defacing of a coin. It used to be that maybe you are riding on jeepneys and you have seen some drivers decorating their container of coins and bills with coins nailed to the wooden containers. it is the one being used by the person who are actually Heads of States. he has the right to use a fictitious name. But that is not the Great seal…that is for the Commonwealth. we don‘t have any lion in the Phils except only in the zoos. Bec mutilation is not covered by 247 neither does 247 covers mutilation of coins as mutilation of coins is the extraction of the precious metals from the coin itself. It is the forging that includes intercalation. Nevertheless. It must be the real name of the President. No way. you will be reminded that the definition of forgery is making it appear that a particular document is a genuine document or to alter or intercalate or superimpose or to change the dates or figures or anything that can be found in said document. they made a mistake in printing it there. less serious or serious physical injuries within 10 years from his last release or date of his last conviction. That is the stamp. If one counterfeits the Great Seal of the Republic of the Phils. which coins are of Phil currencies. etc. And who will attempt to counterfeit our coins anyway esp. Even in your money. And we are not anymore under America. It‘s more expensive to counterfeit our coins than to have it minted in another country then have it embossed in the minting shop of the Central Bank. even up to today bec this has not been amended and this is a good law. However. That is why…oh. uttering them is punishable. they are bills or ordinances etc. If your client has already been arraigned. when in fact those are not the real figures or the real numbers. in falsification by a notary public. even if he uses the same. In connection with the illegal possession of all these. But you can insist that you do not be identified whenever you are encashing a check payable to cash…you can insist unless it would violate the Anti-Money Laundering Law. noticed that his date of birth is erroneous. Remember in altering true dates. then there is no crime. And I said that making a document appear to be genuine when in fact it is not and there is a superimposition. In case. The other counterfeiting or the importation or such counterfeited commercial or negotiable instruments are those that are not payable to bearer but are payable to ORDER. the affidavit request to solemnize the marriage outside of one‘s parish or in courts in relation to the celebration of a marriage or the solemnization thereof. Just like. of the amount is less than P22. it does not only cover a falsification of the marriage contract but also those that involve the preparation of a marriage contract. maupo ka na lang and let the prosecution do his worst bec your client will surely be acquitted. the falsification must be committed only in documents of which his participation in the document is needed such as when he has to administer a jurat or when he has to put an acknowledgment in the document by virtue of his commission as a notary public. if it is payable to cash. we go to checks. In checks. You can change everything there if you wish. it must only be in relation to the civil status of a person particularly in connection with any act in relation to the solemnization of marriage. if the offender do not know that they are counterfeits or falsified. for example. if it payable to the name of a particular person. Phil peso kasing laki nito (bond paper size) is there a forgery or falsification? Wala. it is falsification even if it is easily discernible bec it is in a genuine document. When a commercial document is payable to bearer. Falsification of legislative documents. If there is no knowledge. marriage license. That is the case of a priest of Allagan. If the priest falsified a marriage license which has already expired to make it appear that it is still current or it is still effective. will not like it. These are in connection with legislative documents. If the word ―grave‖ is not there. then he does not incur any criminal liability. then no crime is committed. Those documents that are already approved or pending approval. change in dates. or if the amount is sizeable. it is not falsification. if what was used in the information as the qualifying circumstance to make the crime fall under the qualified theft is only ABUSE OF TRUST AND CONFIDENCE. Eh. intercalation. wag ka na mag-isip ng ibang depensa.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Article 166 is the forging of treasury or bank notes that are payable to bearer or the importation or uttering of such false or forged notes and documents. The public officer. There are enumerations there under Art. Can you encash this? Bec its very easy to discern that this is not the real one. in any of the falsifications.000. So. at least 10 enumerations. the practice now of the banks is that even if the amount is only P50. in qualified theft with abuse of confidence. However. they will ask for one I. You must remember KNOWINGLY USE…KNOWINGLY POSSESS. Probably. its payable to bearer bec there are letters of credit and other commercial documents are blank in order that the bearer thereof if he presents the same. ex. provincial resolutions. If it is a bill. is important. it is payable to the holder of any commercial document or a negotiable instrument. If there is no such word KNOWINGLY in the information. 171. But if you intercalate the words in a real document. the same must either be pending approval or already approved. therefore. But if it is only a proposed bill. Even in the use of falsified signature or counterfeits or stamps or seal of the gov‘t. it is payable to bearer. If a check is payable to a particular person. The offender here must be a public officer or employee or an ecclesiastical minister or a notary public. Then. Well. do not teach the prosecutor anymore bec he will amend. If he does not know. that is falsification by an ecclesiastical minister in relation to the solemnization of marriage. bec the others are very easy to interpret noh. he may commit it. it is payable to order. dinala sayo. But the author. Nueva Ecija who obtained his cedula/CTC and when he was already in his parish. if one actually altered a document to reflect the true date. usually. it is not yet a bill pending approval. Why? Do you have to identify yourself in order to encash the check? The general rule is that you don‘t have to except when the amount is so big that you have to identify yourself. there is no qualified theft. The only problem here that you have to remember is when it can be deduced from the document itself that there is no intention to falsify or forge. Again. etc. You know the notary public are actually public officers bec they go to the process of being appointed by the courts in connection with documents that must be an authentication and needs the participation by a notary public. Ecclesiastical Minister and by a Notary Public. there is a mistake. Knowledge. no crime and if you are for the accused. they will ask for 2 Ids so that they will be able to determine who is the person who is actually bearing the check and to whom they are actually going to pay the check. we have Falsification by Public Officer. they can go after you. you have to remember that the person must know that they are counterfeits. 22 MajArvin We have already defined forgery. he can be convicted of theft only esp. What must be alleged…GRAVE ABUSE OF TRUST AND CONFIDENCE. Even other commercial documents.D. In connection with an ecclesiastical minister. if he is actually unaware that what he has in his possession is a counterfeit. IF it blank. it would be good for your defense. . he can transact business in connection with the documents he has in his possession. then it is payable to order. but we should always be careful that our profession is not put to test or maybe put into jeopardy by reason of our desire to use this I. DONE IN THE CITY OF MAKATI. NO. There is no problem re falsification. But you have to pay for the delivery of the message thru a messenger per kilometer. wag ka namang maglagay dun ng karatulang para ka namang billboard.. although I am for the use of these technologies. Q: (blurred) Can the SC promulgate rules relating to notarization thru the ECommerce (or something like that) A: I think. I-dial mo lang ok na if there is a cell site. It used to be P2/km. KNOWN TO ME AND BEFORE ME KNOWN TO BE THE SAME PERSON WHO EXECUTED THE FOREGOING DOCUMENT CONSISTING OF 2 PAGES. lawyers from their doctors. How do you know that he is using it as a souvenir? Have you seen that there are fake documents and they are even displaying it but they cannot be charged bec their intention is actually not to use the same but simply to demonstrate how the same was done. here there will be no falsification bec there must be an actual intention to falsify.. the use 23 MajArvin and possession of all these falsified documents whether public or private. PHILS. if he changes the dates and indicated the true date that is not falsification. He was convicted by the CFI that is why he appealed.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Without asking the permission of the local treasurer. In relation with all these falsifications. your name etc. This is not a special law. brothers or friends who are in the bundoks. But then. There is no problem about telegraph. he is not liable for possession. It is only that the falsification is in a private document that damage is essential or is necessary. if he falsifies a public document. Well. I have had the occasion of having to fine a lawyer and a doctor regarding this. they don‘t like the cell sites so they destroy them. I would have to disagree with that but of course. can you do that in the ECommerce? I think they have to revise the rules. If he does not know that the doc is falsified. How about Falsification by Private Individuals. he is liable. Falsification may be a means of committing a crime and therefore can be complexed with other crimes such as malversation. One time. if that is already a mandate of the SC. phone na lang noh.T. what can you do? Ok. it depends esp in those areas where there are no cell sites. they are actually using that to contact their superiors and friends so why do they have to destroy them…just to make a statement? I don‘t believe so. There is a new case decided by the SC that such is prohibited and fined the lawyer with I think P50. If he does not intend to use the same even if he knows that the same is falsified. is he liable for possession? No. SUBSCRIBED AND SWORN TO BEFORE ME THIS _______ DAY AT ________ WITH THE AFFIANT EXHIBITING TO ME HIS CTC NUMBER AND TIN NUMBER. Always ask. If its to make a statement. 171. there must be a personal appearance. that is destructing. and other crimes of which it‘s a necessary means of committing other crimes.000 and any repetition of the same offense would merit a suspension of not less than 6 months. estafa. he changed his date of birth. you sign. eh sila din. If he is a foreigner. I don‘t know if they are still engaged with telegraphs kasi itong cell phone eh. So. Medical certificate are usually being asked by students. di mo na kailangang tumelegrama. now. That would be sufficient. SC said. I was already in the airport and I left the airport at 6:30am and while passing by at the Max‘s restaurant along Baclaran near Roxas Blvd. be careful. Telegraph and Telephone Messages and the Use thereof. a false message or one that is (***with a weird squeaking sound***) The falsification that is being contemplated in this case is the one that was committed a long time ago. Art. While looking at the . he was sued. or these technologies that we have at this point. With the taxi cab taking the service road as there are so many vendors at the other side. Notarization thru electronic documents or E-commerce bec if you will look at the jurat. and ask for his community tax certificate and his TIN number. there could be NO falsification. there must still be an INTENT TO USE. I think its P10 or P5 or even more than that. Actually. damage is not necessary. That is wrong. etc. eto namang ating mga kapatid. the SC should not do that. PERSONALLY APPEARED BEFORE ME. There are times when we are being misled or by an honest mistake. if there is an intent to use them and that the offender knows that it is falsified. Then. In all other falsifications of public documents enumerated in Art. do we still have telegraph offices? RCPI? PT&T? Meron pa ata eh. to be excused form appearing and to satisfy the courts order in asking them to explain. RCPI. Whenever you notarize. (**squeaks pa rin**) If the telephone operator changed the date or the hour that is the falsification of a telephone message. do not rely on a ‗say so‘. 173 is Falsification of Wireless Cables. How about falsification of telephone messages? If you sent in your cell phone. Eh. as a matter of fact. when I came from the airport and sent off my sister very early in the morning. the private individuals. damage is not necessary. If you can prove that there is no intention to falsify to distort the truth. Then. only his passport number issued at and when. Tsaka wag kang maglalagay ng ―expert in marriage counseling‖. ________. just to excuse themselves from appearing in a certain case or if they were not able to appear esp the lawyers. In the acknowledgment. Almost everybody have in one way or the other been in danger of or has actually has committed Falsification of Medical Certificates as a principal by inducement or Falsification of certificate of Merit or Certificate of Service. this is a felony and it requires criminal intent. be careful when you become a notary public. Actually. ‖ False certificate of merits or service…you can just go to Recto. Lets go to usurpation of authority or official functions. as an inducer. your honor. The clerk in the office said. he filed an explanation together with a medical certificate attesting that he has been ill for quite some time and he was advised to take a bed rest. Gen of HWorld Army. Illegal use of Uniforms or Insignia. So. you might be seen by the judge. When he received the order of explanation. the clerk of court asked upon my instruction. Why? Our explanation is satisfactory. It would appear to be original. I saw the lawyer who is supposed to appear in my court that day. These are dead laws. ―Can we contact him at home? He might be asleep or not feeling well.‖ Yes. Now. I hope that they will as most of those who are in the bundoks are using also the uniforms of the military. So. Where you the one who issued this medical certificate? ―Yes‖ Is he really sick? ―Oh. The manufacture thereof. He is in court. there must be an actual knowledge that they are false. ―No more. But of course. when he appears in my court. no more. ―Pañero?‖ ―Ah. Uniforms and Insignia. Te only thing that you can distinguish these people form the real army is that they are not wearing boots but Spartan slippers. is claiming that I am sick. he has already committed a prevarication in court. But you. Rank and Title and Improper Use of Names. according to our schedule. ―Your honor. pañero. And the woman was wearing a red dress and a red shoes. They are experts there including your transcript of records. your honor. It was a posthumous promotion. you are also guilty as a principal by inducement. Bec you can buy them even at stores. ―Sir. No explanation. You don‘t know anymore whether they are of the Phil Army. of course. you are not sick. But when the case was called at 8:30 am he is not around. under his oath.‖ We did not pursue the matter. bec there is no such thing as H-World Army. san ba yung nakapulang sapatos… ―no. If you want me to call your wife then you will know. he immediately paid the fine. sir. But then. we called him in his house. he still is not around. the architects. Mongcado during the Japanese occupation. they were asking. instruments that can be used for falsification anywhere. what we did is for him to explain why he should not be cited for contempt as it was his first appearance in the trial. The doctor has already issued a false medical certificate of which he is a principal by inducement and the doctor is also a principal by direct participation. At 9. yes your honor‖. Royet Padilla claims to be a Brig. huli.‖ I said. the two of you. during the olden times--yes. your honor. (hehehe ) Eh. Usurpation of Authority. He was in Barong Tagalog and he has a companion in a red dress and red shoes. Do you want me to call your wife?‖ No. The doctor. If it does not belong to another person or if the function is not among those included in his job description. When using (false certificate) this.‖ Oh. Scout Rangers or whatever.000 for not telling the truth. there must be at least 3 intentions. that is what you may be able to find from these people. I am sick. Is there a usurpation of authority? No. I asked my clerk of court to call his office. Now. You claim to be a general like Royet Padilla. Mongcado…do you remember Gen. Counsel. I usually ask him. you have to be dead already bec there are only 2 persons who were given such rank only after their death…McArthur and Eisenhower. so with the insignia and even the improper use of these uniforms. Branch 148. But the problem now is that you can wear a uniform of the Army even if you are a tricycle driver. His son who was my classmate has to quit school bec everyone was trying to get his goat (??) so he quit law school. With respect to official functions.‖ The last him I told him.000. there must be an actual usurpation of official functions belonging to such person. judge bakit naman P5. I think that is unfair and the court is abusing his power. So. we just placed his explanation in record then we subpoenaed the doctor for the next hearing. then there is no usurpation of official functions. The uniform must exist. ―No. they have all these even imported. Be careful ha. So.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel people crossing at the street. So. . do you want me to tell your wife that on the day you were supposed to appear in court you were with a woman at 7:30 in the morning. this is a dead law already. there must be an actual office which that person do not belong but he is usurping the authority of that office or that particular duty or functions of a person. He has his own regime and he promoted himself to 6-star general but nobody can charge him bec there is no such rank or office. There was a Presidential Decree which Marcos issued during the Martial Law period which prohibits the use of fatigue and camouflage uniforms but then they are not implementing it. The only rule here that you must know is that in usurpation of authority. Well. If there is none. But it is those people who are guilty. A person who claims to be a 6-Star Gen…oh. please. It is already a dead law. Come here. no more. dami dyan. 24 MajArvin The Manufacture and Use of the Instruments or Implements for Falsification. they are manufacturing inks.‖ (hehehe ) ―I will pay the fine including that of the doctor but do not include that in the order. we don‘t know how he got that idea. if you are supposed to be given a rank of a 6-Star General. no explanation. So. So. He was my classmate and he was a shy type of person. ―Please give me the number‖ So. during the time when we are not importing yet these instruments that can be used for falsification. I let it pass. It was bec of the adventurism of his father and making himself a 6-star general that caused his children some problem. when you are Using a Fictitious Name. your honor. Order: Without explaining. ―Oh. you are hereby both fined P5. the wife answered.‖ He is not here. he left very early. you cannot be held criminally liable. Wala na ho iyon. he is in court‖ Where? ―Well. Here comes the doctor. if you made a false narration of facts in a statement but such false narration of facts is not material to what is being asked of you. you plant the material. could that be a falsification of private document? If it is officially required. How about False testimony in Other Cases and Perjury in Solemn Affirmation. then it is perjury. The penalty is quite steep ha. considers them merely as a scrap of paper. in one case of estafa. It is akin to planting evidence. But there are affidavit of desistance that are done in good faith. Well. wherein an offended party claims that what was sold to him is an unregistered land of which the accused claims to be around 250 sq. About False Testimonies. the Paid witnesses that usually testify against a defendant.m. it is different from illegal use of alias. There are times when you should honor affidavits of desistance but most of the time. you made a false statement. they will be held guilty of giving a false testimony against a defendant in a criminal case. While in concealing true name. False testimony in Civil Cases. Puro ―M‖ yan eh. Like for example. Eh kasi nung araw daw mabilis ang takbo kasi motorized noon eh ngayon mahina na. It took them…4 months.) Intention of evading a judgment and the other one is 3. Even false testimony given in favor of an accused.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel 1. even the def himself who gave a false testimony in his favor may be charged of giving false testimony against a def. ginagawa ka lang collection agency. did he tell you that it has been surveyed?‖ NO. As a matter of fact.. So. then its also punishable even if it resulted in his acquittal. he is acquitted. They are actually exhibiting for the public that it pays to perjure one‘s self. And if it‘s offered as an evidence then. Pagkatapos nun. But the false testimony must be material to the result of the case. The time when you can file a case of giving false testimony is when the court has already rendered a decision. Like the news of Jose Pidal. the SC. they are saying the use of the name ―Jose Velarde‖ is to conceal the commission of the crime…they have to prove it. (hahaha ) Tuwang tuwa ako eh. In false testimony against a defendant. then there is no false testimony. When those people who are not anymore in their chairs testify and whenever they say that they are present and they are testifying for a defendant in a criminal case. there is a reason for him to execute such bec of his misinterpretation of the facts of the case and an injustice would be committed to an accused. If the court finds this affidavit is a prevarication. To my mind. he sued the guy for estafa. How about recantations? We have Mahusay…Mawanay…Medel. it turned out that when it‘s surveyed. How about false testimony in favor of the accused given by the accused himself…can he be convicted for giving of false testimony in favor of an accused? Look at your book. I was laughing hard when I was reading the story. these are the Bias witnesses. these people are not put to jail despite the fact that they are lying to their teeth and the people know that they are lying. I said ―That‘s all.) to cause damage to another. Loko talaga ang Inquirer. No way. it is up for the person who has been affected to file the necessary charges against the witnesses. In an opinion of an author. Just the same as when you make a false narration of facts in a sworn statement which facts are material and required in the statement. Here you are planting oral testimonies. So. then is it perjury? NO. and they did not believe it.‖ Bec if its not surveyed. the penalty is not as steep as giving a false testimony against a defendant in a criminal case. they are liable for perjury. If in your bio-date. False testimony in other cases. I only asked him one question. In planting of evidence. these people deserve a high penalty. he said YES. That is why these affidavit of desistance in criminal cases are being looked upon with caution by the Court. But if you are an ordinary person. the Professional witnesses. pidal na lang ang ginagamit. If its not. its only 150 sqm.) Intention to conceal a crime or 2. the court should not only cite the person who executed the same for contempt but also ask the public prosecutor to file a case of perjury against them. You can use an alias so long as it is in connection with the exercise of your profession such as acting. But well. If it is in favor of the defendant. he did not tell me. Actually. ―When he sold you that property. you are not liable. If simply you submit that for purposes of uprising somebody of your qualifications. in most cases. documentary or object evidence themselves. all you have to do is use your nickname or the name that you are known in your locality. that person does not even know the metes and bounds of that property that he is selling. offering false testimony in an evidence or if not. how can you charge him of estafa of pretending to possess property. quasijudicial or other proceeding such as in Congress and it is not anymore considered as false testimony in other cases but simply perjury. . singing or even as a sportsman. Do you know that one day I was reading the newspaper about a family who traveled until Albay on a ‗padyak-padyak‘ tricycle form Manila or QC. these are administrative. (hehehe ) Kaya mabilis daw nung ERAP eh. the fact that you conceal your true name to hide your identity is enough. Sit down. So. these are being received with caution. he should be liable. the penalty here is actually dependent upon the amount of the controversy. 25 MajArvin Bec if he can get away with it. How about in your bio-data? Lets go into falsification and into perjury. there is no crime that was committed. if however. So. you put the same under oath and it is material to your application. YES. they featured Jose Pidal on the other side. Bec it is the time for the court to state in its decision that indeed the accused was a victim of false testimonies given by the witnesses against him. The SC has not been recommending the prosecution of some people even when there is false testimonies. The testimony may be false but if it is not material to the case at hand. If the offended party executes an affidavit of desistance. As children would be thinking that. well. so it‘s as if you are condoning the fact that he has prevaricated in court. We have had an experience re this false testimonies of witnesses contained in their affidavits of whatever. Most of you are committing a mistake whenever you formally offer the testimony of the witness bec you are only saying. we are formally offering the testimony of Mr. you know that this guy is not telling the truth although you are not the one who told him not to tell the truth. magalit pa ang asawa ko sa akin. Why? You are not manufacturing socks. the witness will testify etc. you have to either place in the precious metal itself the karat or the contents of the precious metal in the article itself. The difference in auction and in bidding is that in auction what is usually being sold are those that are supposed to be sold with the consent of the or without the consent (if it is an order of a court or an order of a quasi-judicial body). Silver or other Precious Metals. you have auctions being conducted by the customs regarding confiscated articles or DENR or other auctions done by sheriffs on properties that are levied on execution. The Sony Corp of America was able to obtain a permanent injunction against that lady whose name is Sony who puts up a restaurant not .Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Now. So. I will not accept the witness esp if she is a woman…eh. under the RPC. Monopolies and Combination in Restraint of Trade. One lesson that you have to learn in 26 MajArvin auctions or foreclosure. None noh unlike Kristy‘s of New York. very simple—If you are a seller. the first thing that you have to do if you are the sheriff is write a demand letter to the losing party for him to pay the amount. If he doesn‘t pay the amount within the period you gave him. you are violating Art. But if you say. substituting the trademark actually moron ng trademark yung is. However. But if you are able to levy several real properties. Machinations. How about the Importation and Disposition of Falsely Marked Articles or Merchandise made up of Gold. you have to sell them one by one and not in bulk bec then the sale would be invalid. you cannot just appropriate the word ‗Beer‘ bec it is actually known all over the world since time immemorial that any concoction which involve malt is considered a beer—it‘s a common name. yung mga monopolies. In unfair competition it is different ha. But the word ―Beer na Beer‖ actually is very big noh and according to the SC. but you still offered his testimony in evidence. Do not sue the lawyer for offering false testimony unless you know that he consented to it and he is a party to it bec it is the lawyer who always offer not only the oral testimony of the witness but also the documentary evidence. it is his job. a certain Sony who put up a restaurant in New York. kagaya ng DHL and others engaged in services. they are interchangeable. I don‘t know if we have in the Phils a private auctioneer licensed by the gov‘t. Trademarks and trade names or Service Marks.bec I will be commenting later…but the way how to formally offer the testimony of the witness is by saying ―If your honor please. ipinapalit mo lang eh which is different from unfair competition. it can be mistaken for the other eh. Machinations in public auction. if there will be a foreclosure sale of properties. levy on the real properties. however. But in the Phils. But if you are going to look at Sony Corp of America v. Wala namang problema dito eh. Well. you can publish that there will be a public bidding in connection with the construction of a house etc. For example. Then if there are no personal properties or they are insufficient. if you ask any gift or consideration so that you will stay away from a public auction. public biddings are regarding projects. how about Offering False Testimonies. The SC said NO INJUNCTION. be careful in your formal offer. then there is a machination of a public auction. Yung mga cartel lang ito. that is when it is a crime of offering false testimony. Only in general. these people will naturally present to you their bids and it could be a closed or open bid. you always say and I hope that you won‘t mind. But to me. we try to differentiate them. You tell the prospective witness to become your witness and to testify falsely. Or if not. Example.. How about the case of Bali about an Indian who is manufacturing Bali socks…he was sued by Bali corporation of Switzerland and the courts are being asked to issue an injunction. it is not a colorable imitation of San Miguel Pale Pilsen. Otherwise. (hehehe ) So. you want to build your house at the lowest price. I will tell you.‖ That is not a formal offer. I am only actually trying to go on. Asia Beer wherein the latter won the case bec according to the SC. Now. Well. we are offering this witness your honor. Either private or public contract or property. in the event that there will be a writ of execution. It is different from subornation of perjury. in a shirt of which the trade name is Lacoste. etc. Service mark. 187. If it‘s only to establish the allegation in your information—―to establish your honor the allegation in the information‖ That is all. In the Phils. you employ force. you can place a mark or marker which shows the contents of the precious metal or karats. Eto. violence or intimidation so that others will not attend etc.. All these are considered as auctions. the trademark there is the figure of an alligator on the left side of the shirt. look at the cases of Beer na Beer or San Miguel Corp v. Juan Dela Cruz to prove the ff…xxx‖ But do not enumerate to the smallest detail the testimony that he is going to give. The rule is this. talagang there is a different product but you substitute the trade name of another or the trademark of another. It is the party who is involved. you levy on his personal property muna. Trademarks and trade names are actually being used interchangeably. Maybe the defendant or the plaintiff who entices others to offer a false testimony or to offer a testimony of a false witness. Monopolies and Combinations. When it is. That is the difference between the two. well. walang problema yan. you declare that you only manufacture leather products. or importer. Or in public biddings. ―If your honor please. if there are no such indication. a private auction then it is always with the consent of the owner. In Unfair Competition. you make a colorable imitation of the product. The public auction here is either the sale of properties by an auctioneer who may either be a public officer or employee or a private person.. In offering false testimony. would the act of Mayor Benjamin Abalos of Mandaluyong in charging an actress who bared her assets at EDSA of grave scandal enough to convict her for such a crime? What is there in grave scandal that is supposed to have been committed by the offender? Any highly scandalous conducts which offends decency or good customs. 10. every morning.. you can go there and watch them and they are not committing a crime of grave scandal. Then. it is an exhibition of an act which is highly immoral and scandalous. even in the streets. NO. You don‘t have to look for obscene magazines or literatures. And remember that what may be moral today. any person who is able bodied who fails to bring himself to a lawful calling and he has no means of subsistence shall be considered as a vagrant. the generation and the people that dictates what is decent and not to them and what is highly scandalous and what is not. Itong isa eh arrozcaldo lang. This will be more lengthily discussed in Special Penal Laws class bec it will take us at least 2 days eh. that is grave scandal. So. and even if he has a means of subsistence. But after that. how much more if it is illegal. may be immoral tomorrow depending upon times. Shows…that would even include the CDs or anything that would be an instrument in the exhibition of lewd shows or shows that are obscene. distributing. Ah. In immoral doctrines ha.P. About Immoral Doctrines. theaters or in some other public places that people are allowed to enter.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel competing with the business of Sony Corp of America. it should be a crime. Would wearing a bikini in the middle of a street a highly scandalous conduct? To my mind. they are not being arrested for grave scandal as the people there are not affected by their acts. and Indecent Shows. Those that should be done in private. publications lang ito while in PD 969. Grave Scandal. those who loiters or inhabits uninhabited buildings without any means of subsistence or those who are wandering about the country without any means of subsistence. Mang Donald‘s and McDonald‘s. Its only ningas kugon esp when they would like to catch the attention of the people as it is nearing election time. If it is illegal. Then you have Vagrants and Prostitutes. If you were asked a question. they have been closing them down bec they exhibits lewd shows. Here. That is why in some theaters. eh there are even others who are running the streets during Oblation Day in U. it‘s the selling or distributing. there is no grave scandal. Even if you go to Luneta. You should distinguish vagrants from mendicants. But bec according to them. that is covered by PD 969. biro mo ba namang taluhin pa ng McDonalds si Mang Donald. Here in grave scandal. It is a matter of great concern for us esp in your class bec I am sure that in criminal law RA 9165 will be included in the bar exams. When I was a student in one of the universities.) CRIMES AGAINST PUBLIC MORALS About gambling forget all about it bec we are going to discuss that also in our special laws as it is covered by a comprehensive anti-gambling law known as PD 1602. in the streets—at the sidewalks or at the newsstand—and the gov‘t is actually not doing anything about it. you can see them even in bookstores. there are acts that are really highly scandalous. they are considered as in violation of this article. cheap naman. Who would have thought that outer space will be included in the bar exams? (hehehe ) (Nagkwento na si Judge tungkol sa bar exams and the fact that his name is mentioned in the Crim Exam this year when he do not even know who the examiner is. This has a counterpart in a law or decree passed by Marcos which is PD 969 in relation to selling obscene literatures. it‘s a well-known name so they cannot use or they cannot utilize the same. these people are exhibiting what is not normal anymore. It‘s the time. When on board a 747 plane going to another country. It is something which is worse than that. At night. he is also considered as a vagrant. If they did that in full view of the public. handling out. Donaldo ang pangalan kaya Mang Donald naman. should be done in private and if done in public that would be highly scandalous. It is not only publications in magazines and in other forms of literatures that this article covers. Any person who loiters or frequents houses of ill-repute as a pimp or otherwise. it is highly immoral. Just like in offending religious feelings. 4 hours or more. you will see these ladies dressed in skimpy clothes and performing acts which are not only provocative but also would constitute as lewd in the eyes of some people. they are considered as vagrants. no more. I usually see a man who is about more than 60 years old already at the gate of the school . I remember an incident featured in a newspaper and this is in outer space ha. Vagrants…well. If the public will accept it. there is still an element that the people should be affected by the conduct of the offender. 2003 The law on opium is now RA 9165. Obscene Publications and Exhibitions. Eh. It offends the decency. a man and a woman in front of all the passengers had sex in full view of all the passengers. Bakit ikaw na lang ba ang Donald? Sept. It involves also those that are being shown in cinemas. that is already considered as grave scandal. you may have passed thru several places here in Metro 27 MajArvin Manila and you will see in some sleazy and whatever kind of joints there are. it‘s the faithful. it‘s the public that are offended not a simple prude or whoever he is but it is the general public who is affected. But in general terms. the sensibilities of man with respect to decency and good conduct. Bec mendicants are not necessarily vagrants but they are those who are asking for alms. it constitute an offense to decency and good customs. that is already grave scandal. Pasyal. it should be interpreted in favor of the accused esp if she said. that is still a means of subsistence. That is only in cases of rape. Mike Defensor. Nevertheless. But if its straight without the word ‗knowingly‘. One time. What is only wrong there is that according to Sec. So. He is not a vagrant but he is a mendicant bec he has a means of livelihood or subsistence. It is only the perception of the court which will naturally determine if the accused is guilty or not bec probably she looks older than her age. Even if they were there everyday.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel asking for alms. They should run after the big ones. she goes by another name. Eh. So. Good faith is not a defense in special laws unless the special law partakes of a nature of a felony wherein it is stated therein the word ―knowingly‖. Thony: What if the guy is in good faith bec he thought that the prostitute is already of age? Judge: Good faith ha. then they have a means of subsistence and they are therefore. At meron pang dalawa sa Piy Margal. tapos ka. somebody asked me bec I said ―Ang tiyaga naman nitong matandang ito. Prostitutes who are less than 18 years of age are considered as victims rather than offenders under RA 7610. ―who shall knowingly‖ ah. it is 28 MajArvin wrong for the police to just arrest people left and right bec they say that this man does not have any money and he looks like a poor man—ah. you are not a vagrant. Tulog. Well. Or even for the day. the only prostitutes now that can be punished under the law are those who are already 18 years and above. It is considered as statutory rape. Remember that it is a special law…can you invoke good faith in special law? Ah. You know what is Katupas…bec their occupation is Kain. they cannot be arrested.‖ He earns more than P500 everyday during those times. they acquitted the accused but there is no complaint to the judgment of the court. of course I understand the position that is being taken by Mr. the Child Abuse Law. But in some recent decisions of the SC. There was a case that was filed in Makati about a violation of RA 7610 bec the victim is less than 18. Ty. ―Oo. they are his friends. There is no law which makes it illegal for a male to engage habitually in a sexual intercourse or in lascivious conduct for profit or gain…NONE. it is not your business to inquire where there are getting their money. So. That is how to interpret the law. whether she consented or not. they are claiming it to be a mistake of fact which I said. it is that question if they still remember that incident bec it is still not settled eh. (hehehe ) They are able bodied but they don‘t want to devote themselves to any lawful calling or occupation but then they have means of subsistence that is why we cannot consider them as vagrants. the girl is a prostitute even before she reaches the age of 12. He did not say the legal reason. And maybe if they are going to ask a question in the bar. not vagrants. Noval eh. When you see people who are at the corner stores doing nothing the whole day. . That means to say that they have a means of subsistence whether it came from an illegal source. NO. But then he is into mendicancy which is prohibited under a presidential decree issued by Marcos not in vagrancy under Art. supposing you have plenty of money at home which is enough to support your subsistence for 2 or 3 days. I think she was 16. They have ordered food. The policemen there can be sued for unlawful arrest. If there is a word. good faith can be a defense. not after the small price. the woman was claiming to be so-and-so but when her birth certificate was presented. He stays there up to 8pm then goes home. The legal reason is that these people have a means of subsistence. if the charge is for rape not under RA 7610. most probably. you cannot be considered a vagrant. The usual scenario that you will see in the streets whenever you will see a policeman arresting a person who might be looking suspicious—bagancia (I don‘t know the spelling ) Anong bagancia? You look only suspicious. And remember that any person who will have sexual intercourse even with these young prostitutes are criminally liable under RA 7610. Kaya wala nag ―daisy‖ ngayon—daisy sais. mistake of fact is not available here. Kilala mo ba yan?‖ Sabi ng kaibigan ko. But if it‘s a charge under 7610. 202 of the RPC. If these people are being exploited and they are still less than 18. These are the vagrants. they eat 2x or 3x a day. (hehehe ) Convicted ka. Why? The girls were paying for their drinks. Now. daisy siete. Katupas. they are victims. Ty. Even if you do not have any money in your pocket. In prostitutions. mayaman pa sa ating lahat yan. Mike Defensor when he was involved in an incident at Padi‘s Point in QC where he interceded 2 young girls who were arrested allegedly for vagrancy. Eh may apat na pintong apartment yan dito sa P. Not bec of honest belief that she is more than 18 years old. are you going to ask the birth certificate of the girl? Are you going to ask the manager or promoter about the birth certificate? Whose gonna do that and will these people exhibit their birth certificate bec they will not tell you their real names. How can they be vagrants. You cannot charge him also of vagrancy bec maybe he has also a means of subsistence. Mr. I consented. You remember Sec. she will be considered as a victim and it will be a violation of RA 7610 and you are liable. in the case of Jalosjos. bagancia na. They can buy gin or beer and that is their preoccupation the whole day. you cannot invoke good faith. The court acquitted the accused. That was the trouble. in tagalog you call them Bagamundo or if not. Prostitutes only refers to women who habitually engage in sexual intercourse or in lascivious conduct for profit or gain. legal source or dole out. The policemen there are overacting and unlawfully arresting the 2 girls. But the only good reason that you can give there is that if these people can patronize Padi‘s Point and pay for their drinks and food. But the problem is. that is a good example. if it can be established that there is a doubt as to the real age of the girl. Then we have Art 204. If it can be shown that you have been tolerating the existence of gambling den etc. in the 4 cases that I have mentioned. How will you be able to finish those cases. One of those gross and inexcusable negligence that the SC has considered is ignorance of the law and the rules. if you try to finish them. if I have time to make decisions. The SC is tasked with administrative and all other such supervision over all its judges and therefore you cannot judge unless it is through the SC. that the case should first pass thru them and then it should be endorsed by the SC to the Ombudsman. the offended party cannot got directly to the office of the prosecutor or the ombudsman. trying to resolve incidents. The only problem in public officer or employees is actually those who are de jure public officers and de facto public officer. The justices of the SC and the appellate justices are not included. these four articles are committed by judges. This is in all cases. The SC in several cases did not even consider a long period of time of delay in the disposition of the case bec the SC understands the present predicament of the courts. you must have to recall that there are 2 ways of determining whether a judge may be held liable for this— 1. Knowingly rendering Unjust Judgment.000 cases in one sala. It would seem unfair bec you cannot know all the laws but according to the SC. But they said that they are afraid. Yes. If he is a prosecutor and he refuses to file any case against an offender. (hehehe ). I have seen some of my juniors whenever I go to the Office on Saturdays. The SC said that even if the law has not been applied for 15 years as long as it is still existing. trying to make decisions. *TAPE ENDS The people who tolerate or refuse to prosecute cases are also liable. sometimes. Unjust Interlocutory Order. I don‘t know if anyone in the judiciary can claim 100% of all laws that are existing. It is the SC who shall determine whether the judgment is unjust by way of an administrative proceedings and whether there exists sufficient reason for the judge to be the subject of an accusation before the office of the ombudsman or any proper forum. Those cases will finish you. Do you know? 67. in order for the judge to be held criminally liable. If therefore the case is directly filed with the ombudsman then it is a wrong venue. Next. when the judgment really is unjust and 2. As a matter of fact. they are. it should malicious. still he is considered as a public officer and a person. in authority or an agent of a person in authority. he is a public officer bec he is performing a public function And you are more familiar with de jure and de facto public officers. They are not. Look at several decisions of the SC understanding your plight so don‘t kill yourself. in such a short time. If you only know how many cases are there pending in one sala in the MeTC. the prosecutor or any public officer or employee in charge with the enforcement of the laws.) application of res ipsa loquitor or when the thing speaks for itself. Don‘t commit a mistake if you are going to file a case against a judge by filing it directly with the Ombudsman bec either the Ombudsman will dismiss the case or that the same shall only be referred to the Office of the Court Administrator for referral to the Honorable SC. I said you will die easily by doing that. I see the Metropolitan Trial judges really working their butts out. Who are Public Officers? Those who by reason of their appointment or by reason of direct provision of the law or by reason of popular election are tasked of performing official functions or those actually are delegated with the performance of their public functions are considered as public officers or employees irrespective of their ranks or positions. 208 of the RPC. there is a question in connection with direct assaults. . A mere delay would only require administrative sanction from the SC even in simple negligence in connection with rendition of a judgment or an interlocutory order. And then Judgment rendered through Negligence. In the delay in the administration of justice. it is a matter of evidence. the judge must know that law. When you say thru negligence—it is GROSS and INEXCUSABLE negligence. Can you? That is why there is a litigation and that there are always 2 sides to an argument in court. As offended parties. So. you can be held criminally liable although the penalty is not so much yet it is still in violation of the law. And then Malicious Delay in the Administration of Justice. And those who are tolerating the commission of crimes in their area of jurisdiction particularly law enforcement agents can be liable for Tolerance.) the offended party can establish that indeed there is malice or bad faith in the rendition of an unjust judgment. Now. But then. Well. a judge SHOULD know the laws. whether a de facto public officer may be considered as such in connection with applications of the penal provisions of the RPC. It is considered as gross negligence. But can you proceed immediately by filing a case in the prosecutor‘s office or in the Ombudsman against a judge for knowingly rendering an unjust judgment or rendering an unjust judgment thru negligence even knowingly rendering an unjust interlocutory order? This has been already decided by the SC in several cases that in cases committed by members of the 29 MajArvin bench in violation of any provisions of the RPC or any special law. In knowingly rendering an unjust judgment. that is the protection that they have given all the judges. So. The same is true with rendering an unjust judgment thru negligence. As long as the de facto public officer is actually in the performance of his duties in the honest belief that he is indeed a public officer or employee and that his appointment is valid when later it was voided. he is liable under Art. a janitor may be considered a public officer. a person whom you belittled while performing his duties as a traffic aide or whatever.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel We go to Public Officers. malicious delay in the administration of justice must be purposely done to cause damage to a party-litigant. even if he demanded. If what they have agreed to perform is not an illegal act. Everybody will say. Do we have here a legal aid dept? Yes? Who is the head? (Mane: Atty. accept ka na lang. Frauds and Illegal Exactions and Transactions. The young gentlemen here. it is already consummated on any price or on any reward or on any promise. You remember a person who returned about P3M plus money to a passenger of an airline. But not all gifts. is it indirect bribery? It might be considered as a token. When you say Direct Bribery. He must do something which is beyond the call of his duty or beyond of what is required of him then. the mere agreement even without receiving yet the consideration. the education in regard to corruption starts at home. rewards. These are gifts which are inconsequential depending upon the social and financial status of the person who is giving and the person to whom the gift is being given. Eh. mauubos ba niya yun. otherwise. Now. punta tayo HongKong. people should be educated that they themselves should cooperate in order that these crimes will not thrive and there will be no graft and corruption. You should not hide it from them. the penalty is higher. ladies and gentlemen. you will be the ones running the gov‘t maybe ten years from today or in some future dates. he is also guilty of qualified bribery but the penalty is only reclusion perpetua.. in Metro Manila if you are earning less than P14. (hehehe ) Is that not corruption? Its his duty.000 per month. that is the start of corruption. INDIRECT. you are considered an indigent person for purposes of being able to ask the assistance of a public attorney or a counsel de oficio. why give him a lot and house. it is not corruption. its his duty to make good in school. If the offender and the person who is corrupting him have agreed. to public officers or employees you cannot eradicate or stop corruption bec if it will be the public officers or employees. This corruption starts even at home eh. the qualification in order to be allowed to appear in court is to have finished your 2nd year even in the RTC as long as you are with the head of the legal aid unit of the law school. you are not going to accede to his demand. if you are a good citizen. papatayin mo yun eh sa high blood at diabetes. the penalty that shall be imposed upon that person is death. Even the gov‘t is encouraging corruption eh. in school bec if you can start it there naturally it will become a habit for these people already to do the right thing. He was lavishly given gifts. The most is that you‘d tell it to your wife. this involves only when that person in his official capacity and he deals with . But the Solicitor here is actually the judiciaries procuradores of old times. Gilbert Sembrano). given a lot and house. Binigyan mo lang ng isang bilaong pancit. QUALIFIED. You all know that a lawyer and client have that fiduciary relationship that the secrets of your client. we have briberies and you know what is bribery. Bakit? Eh. pag nakakuha ka ng mataas na grades. Alright. There will be no briberies if there is no person who is guilty of corruption of public officer or employees. Now. Ang masama nun kung araw araw na yan pero baka galit ka naman. Now. it is indirect bribery. this is the limitations that I have to follow and if you cannot follow these limitations then we are not for each other. he is a thief. Qualified Bribery is when a person in charge of law enforcement demands a gift or a reward for not prosecuting or for allowing a person not to be prosecuted for any crime that is punishable by reclusion perpetua to death or death. Frauds against public treasury. In order to eradicate corruption. he was given a taxicab…when it is his duty to return that. Look in the house. this is when the public officer or employee demands or agreed to perform an illegal act or even an act which is not illegal in connection with the performance of his duties for a consideration or a promise or reward. That‘s good if they have it here esp to help the indigents. but to Bolkia and to the person who received it who can buy a hundred watches like that without his bankbook being 30 MajArvin affected by that. there are 2 bec the 1st one is in connection with any fraud that actually are being committed by those who are engaged in the delivering of supplies or in executing contracts or in the adjustments or settlements of taxes or funds or accounts. You have DIRECT. Token gifts are allowed. the mere acceptance of any gift by reason of ones office is indirect bribery. you know all these. Oh. Then. Supposing Sultan Bolkiah as a token of appreciation for a good deed done by one of the department secretaries who is also a multi-millionaire gave a Rolex watch to remember him by. bakit mo reregaluhan yan. Another violation here is when a lawyer who has already been discharged or has already withdrawn from the case becomes the lawyer of the opposing party without asking permission from his former client. If what they have agreed upon is to perform an illegal act. you cannot reveal it to anyone not even to your wife or children. now we have substitute for them those who are being allowed student practice of law under the control and supervision of the head of the legal aid unit or department of a school of law. The same with the ladies. in Indirect Bribery. before you get married tell your future bride. So. A gift in indirect bribery is being given in the hope that in the future favorable actions on matters that may be brought by that person to that public officer or employee may be done with dispatch only and not necessarily with favor. the penalty is lower yet both are still direct bribery.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Betrayal of Trust by an Attorney or Solicitor. If you are going to give him a reward for doing his duty. sige. etc. you have to tell them frankly that you have your own limitations. it is already consummated. In the event that the person only accepted the gift and did not demand but for purposes of not prosecuting or preventing the prosecution of that person. So. As long as people believe that they can get away with giving gifts. etc. You have taken your legal ethics. in school. Eh di wag ka na lang manghingi para hindi death. So. she might ‗accidentally‘ tell it to your friend and that‘s the whole thing that would become wrong. abandonment in order that the property or money may be misappropriated. 31 MajArvin Prohibited Transactions. who is an accountable officer anyway? Bec the only person who may be held criminally liable is an accountable officer. a policeman with respect to his gun. then it is the officers who goes to them. wala ring nangyayari. There are instances wherein the furnishing of supplies or in the execution of contracts or agreements. An accountable officer is a person who is not necessarily the treasurer. Eto problema. Even if there is no damage ha. Bullets are consumables that is why there is a problem now in Mindanao regarding charges that the generals are selling the bullets to the enemy. you are the prov. When you collect less or more than what is provided for by law or when you don‘t issue any receipt when it is required or when you collected other things which is not the one specified under the law. even arbitrators and private accountants when they take part in the execution of the contract or transaction connected with the estate or property of another person in their appraisal or distribution or adjudication. if you have lived in some provinces wherein at times. Other Frauds. This provision also applies to experts. Eto yung mga municipal or provincial treasurer.W. Sometimes there are miscalculations as to the number of those who are going to pay their taxes so there will be lack of receipts. If you voluntarily failed to issue a receipt as long as you have a legal excuse. it became a dead issue. he actually issued a receipt and sent it by mail. The least that you can get is imprisonment for life on a hard labor. he is not anymore accountable for that such as bullets. Now. you see. still it is prohibited.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel other person regarding all this and he actually become interested either in any investment or speculation for purposes of defrauding the gov‘t. Ok. Like what. the account officer. This only involves about the accessory penalties that will be suffered by the offender if he is a public officer or employee who takes advantage of his public position or shall commit any of the frauds or deceits enumerated in the preceding provisions. bec the price there could be adjusted or the ink that were used is of inferior quality. Here. their licenses and everything bec they don‘t have the time and sometimes they forget also to go to their municipal hall. you became interested. etc. badge. then you cannot be held criminally liable. There was actually a case wherein the person charged issued only a temporary receipt in a piece of paper. The second one is those in charge of the collection of taxes. It is not the mere fact that you failed to issue a reciept that is punishable. even the treasurer or those who have to collect fees have to go to far-flung brgys in order to serve the people there to pay their real property taxes. he is required to account for it. a public officer or employee may enter into such agreement but then they have already mastered the scheme in order to defraud the gov‘t such as in public schools—furnishing of books. Eh. Then we have Possession of Prohibited Interest by Public Officers or Employees. assessors. You felt pity to a person who is paying his taxes. ito ring mga imbestigasyon dito. When you talk of malversation. then you are guilty of frauds against public treasury. Well. Supposing you are given a problem: A policeman was charged of malversation of public property . These are acts of misappropriation. Example. You know. They have the Internal Revenue Code and the Customs Code. building permit lang…gagapang ka para makakuha. he has to account for it. Eh. that is MALVERSATION. You talk about allowing others to appropriate it or abandonment. it is only supposed to be prohibited bec it is your duty to intervene in that transaction and yet you become interested in it. that would be defrauding the govt. Example. ngayon. They said it is treason—that is NOT treason. But then. one time there is a problem here about stock exchange when a public officer or employee became interested in speculations in the B. There could be no crime under this article against fraud against the public treasury. and to any other equipment that was issued to him for which he signed a receipt of property which belongs to the govt. Malversation of Public Funds or Property. so you adjust. he is an accountable officer. And there is a presumption of misappropriation if the accountable officer is ordered to account for the properties in his possession and he failed to account for it within a reasonable period of time. the finance officer as long as that person receives as property in his official capacity and that at anytime. And he became interested directly or indirectly during his incumbency in any transaction involving exchange or speculation within the territory subject to his jurisdiction. that is frauds against public treasury. This is in connection with any contract or business of which it is the official duty of the public officer or employee to intervene and then he actually intervened in such transaction whether directly or indirectly. how about occupancy permit fee…dun patay ka lalo na kung mga condominium unit. But it is not applicable to those in the Bureau if Internal revenue and the Bureau of Customs bec they have their own laws. eng then in the construction of a bridge. Remember the offender here must be an appointive public officer or employee. you talk of misappropriation. this prohibited interest by public officer.? The papers that are used in the publishing of books are the 4 th class papers when in fact it is supposed to be a 1 st class or a 2nd class paper. But it is also a violation of CA 408 or the Articles of War and the penalty there is death by firing squad. Yet somebody learned about it and charged him. Failing to Issue Receipts. after arrival from their office. But the next day. But it has been said that that is substantial compliance. They are not included here. you will supply the materials even if the goods that you are supposed to deliver is of good quality and the price is alright. But those that are consumables. appropriation. what would be the scheme in order to defraud the govt. article 221 of the RPC. Pag dinemanda na. when good faith is involved.. Bec that is now the custom and tradition for those who goes on AWOL. there are two acts here which are punishable. without any job abroad. 218. Now. *TAPE ENDS Sept. that is what is meant by unlawfully leaving the country or attempting to leave the country unlawfully. Look. But what is required is that he unlawfully leaves or tries to leave or attempts to leave the country unlawfully. now. If it is delivery of property. he immediately surrendered the gun to the property custodian. Remember what I said because they may interchange it in a question. it is his obligation. The first one is failure to make a payment by a public officer who is under obligation to make such payment from the government funds in his possession. that is appropriation. it is required by law or regulation for that public officer or employee to render accounts. Usually it is illegal for any public officer or employee to apply any public fund or property under his administration to any public purpose other than which it is suppose to be applied without asking from the appropriate body which has the authority to appropriate such fund. So. Bec when you say USE. these particular accountable officers must have been separated in the service by reason of resignation or by reason of any other cause and that it is required by law or regulation for him to make such rendering of an account either to the insular auditor or the provincial auditor within a period of 60 days or for 2 months at the most. 15. the same is true to any public officer or employee who before leaving the country failed to render an account. However. Within a period of 2 months after such accounts should have been 32 MajArvin rendered and he failed to do so. When he was charged and arrested. he cannot be held criminally liable under Art. One prisoner is actually a convicted prisoner by virtue of a final judgment and he is serving sentence. Actually the first article in relation to this is conniving or consenting to evasion. And if you will recall. Oooee… he is being asked to deliver money. On the other hand in failure to deliver a property. even if he is an accountable officer. But if he is an inferior officer. then there is technical malversation. There are 2 kinds of prisoners. Technical malversation actually maybe the subject of a defense of good faith and exigencies of the service and even on occasion of calamities or on occasions of misfortunes. Ok. even private individuals who in their capacity whatever have charged of any national or provincial property are also included in this article. Alright. 2003 By: Mildz …or failure of a public officer to devote an appropriation to any project or any …service that may have been the subject of that appropriation. there must be an order from a superior officer. We go to infidelity in the custody of prisoners. when we have discussed malversation actually and technical malversation is actually only an illegal use of funds or property. in failure of an account officer or any accountable officer to render accounts. ah. during the last meeting that we had. They will say that there is an order from a superior etc… to deliver funds or property etc. The return of the property that is supposed to have been malversed is only a mitigating circumstance. only when it is required by law or by regulation. Remember the penalty for malversation of funds or properties are actually higher than that of theft depending upon the amount. if it is delivery of funds. But usually there are judges who are considering the same as an excuse to dismiss the case. he is not criminally liable if he refuses. he must be ordered to deliver the property which is in his custody or under his administration. it is simply a failure of the public officer to make payment and it is his obligation to make such payment. funds which maybe devoted for a particular purpose maybe diverted for that particular purpose without anymore asking the consent of the appropriating body. Now. Now if any public officer or employee . it must be his obligation. Now. eto na isasauli ang baril. There is no law so the prohibited acts before leaving the country probably is that the offender is leaving the country to evade consequences of the commission of the crime or to conceal a crime or to evade any judgment that maybe rendered against him or to cause damage to another person. There is no need for any damage to be caused to the government or any private individual as long as the funds were diverted to another project or another purpose other than what was stated in the object for which such fund was devoted. he was asked by a superior officer to deliver a property which is under his administration. But when exigencies of the service is already involved. These are therefore crimes wherein there must be an actual necessity or if not necessity. we have discussed technical malversation. when calamities or misfortunes occurred in a certain place.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel bec he went on AWOL and brought along with him his firearm. if he left it in the armory but he was not able to account for it but it is there. If it is not required by law or regulation. What would you mean by unlawfully? Meaning to say that he will go to another country for purposes of hiding there or to work there as a TNT? We have no law against a Filipino who leaves the country to work thereat but he will be without a working permit. there is NO malversation bec he was not able to use it. He is not committing a crime because the law only says that he must be under a legal obligation. Now. because that order may not be actually legal or may not be his duty. or under his custody. that is when this crime is committed. and yet that person refuses to deliver. he is being ordered to deliver money but it is not his duty to deliver that money. we are through with illegal use of funds or property so we have to go to failure to make a delivery of public funds or property. There is still malversation if he used that firearm while he is on AWOL. is there still malversation? YES. that is when he violates this particular article. What is actually being done is to close the document involving the post investigation report.) Those are in violation of the law if they are public officers or employees. If the judge or the clerk of court opens the envelope containing the deposition. 226. that is Art. But there are instances when you cannot open a closed document even if it is sent to your office. it is for a commission of the crime. violation of an ordinance is included. If you do not appear. the court should schedule the opening of those documents in the presence of both parties and their counsels or in the presence of their counsels on a particular date and hour. destruction or concealment of those documents has caused only damages which are not serious in nature either to a private person or to public interest. uhm. you can reveal it. destroy or conceal. concealment or destruction of documents by any public officer or employee which documents were officially entrusted to him is already in violation of Art. therefore he is actually covered by Article 223 and 224 of RPC. If not. the penalty is lower. But when the prisoner is simply a detention prisoner. What secret it is? It should be a secret in relation to his office or when he wrongfully delivers any papers or copies of papers of which he may have charged and which should not be published. 227. Now. then you violate Art. like other seals of different departments either paper or seals consisting of metals or other objects. even the judge cannot open that. he violates Art. you know or baka. (Aw. If the removal. naturally if documents are sent to your office. The penalty shall be prision correccional in its minimum period and only temporary special disqualification in case the offender is simply a detention prisoner. 227.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel connives or consents with the escape of the prisoner who is in his custody or charge and that prisoner is a convicted prisoner. it may even be a violation of an ordinance. evasion through negligence. Now. 228 of RPC. prision mayor and a fine not exceeding 1. If the secret belongs to a private individual. Official breaking seal. The detention of the accused need not be for any violation of a penal law. . it is in another article that the public officer may be punished. you open them. you cannot reveal it. If such concealment. But if it is not the commission of a crime nor it is justifiable. Say for example. aside from the violation of election laws. they may violate also the provisions of Art. it must be maliciously remove or maliciously destroy or conceal the documents. brace for being sued under Art 230 of RPC. Why? Under the rules. The penalty would depend upon whether there is a serious damage that has been caused to a third party or to public interest. The negligence here must be inexcusable. Even the permitting of the opening of these documents by other persons is also prohibited. that is a violation of Art. destruction or removal is without any malice or without any evil purpose. When you break that without any authority from the law or public authority or proper authority. Not necessarily gross but inexcusable. But he cannot keep his mouth shut or he cannot keep it to himself. well. they are called official seals. You can open your copy because you will be furnished a copy but then the official copy of the court cannot be opened without the same having been scheduled for opening in the presence of the parties and their counsels. if the evasion takes place through the negligence of a public officer or employee who is charged with the conveyance of the custody of the prisoner and that said officer actually has been established to have been negligent in the performance of his duties then such person in-charged of the prisoner shall be held criminally liable for evasion through negligence. Alright! You can reveal the secret of a person if it is authorized by law or if it is for a justifiable reason. There are instances where certain documents have to be sealed on orders of the court. In infidelity in the custody of documents. This is the most common crime being committed by public officers or employees. Well. no such crime has been committed. the penalty is actually higher which is prision correccional in its medium and maximum periods. you have to keep it to yourself and if you cannot keep it to yourself. But then there shall be an actual day for the opening of the same and a particular hour fixed by the court. 229. These are the documents that should not be revealed etc when the same is in the possession of the court. the ones who are revealing secrets of other people are not public officers. Periods. The revelation of secrets of private individuals. opening of closed documents. So be careful about oral depositions. Well the penalty shall only be the penalty which is next lower in degree than that which is prescribed by the law. sir gusto mo malaman yun sekreto ni sir.000. the penalty is afflictive. We go to revelation of secrets. they come from the private sector. you violate this particular provision of the law. what are those documents or things that are supposed to be sealed? Ballot boxes. Like deposition of witnesses which came from a notary public in another province or a deposition coming from a municipal judge or deposition coming from a consul of the Philippines assigned in another country. you waive. He may either have actually connived with others or with the prisoner in order that the prisoner may escape or he is guilty of negligence. Public officers or employees sometimes learn secrets by reason of his official capacity. everybody is talking about everybody. the mere removal. We seal them but it simply be closed. then the penalty actually is prision correccional in its min. 230. alam mo kalaban sa promotion ito. The seal that we are talking about here are official seals. and med. Even private persons may be held criminally liable for the escape of prisoners if such private person has been entrusted with the custody of a prisoner. There are other documents that are supposed to be opened by the persons who are authorized to open the same. You will note that there is malice on the part of the offender to cause damage to another or to public interest that is why the word remove. there is such a provision there about confidentiality of the post-sentence investigation report. If there is a serious damage. In probation law. like the seal 33 MajArvin of Comelec. these secrets of private individuals have also become known to the public officer or employee by reason of his office. Because right now. You cannot just open the deposition. that is already a demand from a competent authority and the barangay captain or chairman cannot refuse or even if kagawad or purok leader or the head of the bantay bayan because it is in relation to the administration of justice. the municipal health doctor‟s assistance may be sought by the head of that political unit. Well. he must declare such suspension by the inferior officer as illegal or invalid and demand from the inferior officer the implementation of the order. very few people are refusing to discharge their public office. these are actually being committed only by those who are in-charge of the correction or handling of the . So let us say you are a mayor and you asked the assistance of say for example a doctor in your community. He issued an order directed towards an inferior officer but then this inferior officer suspended the implementation of that order. So dalawa yan. sasabihin lang nun. then that is when they are liable. hindi pa nga lang nanalo. are you going to refuse? Even with all the problems. How much more if he wins? But there was one case when I was still a judge somewhere else. the decisions of any superior authority and of course that is only to execute those orders and if they do not want to execute it. cannot be located but indorse it to the barangay chairman. Eh. Art. This can only be committed by any judicial or executive officer. They are not supposed to be subpoena servers or barangay official or barangay captains or barangay chairmen. they are not. there is no open disobedience and they refer only to judgments. cannot be located. if it does not contain the legal formalities required by law. This superior officer actually issued an order. under the law. I do not like to go 34 MajArvin there. if he refuses and it is in connection with public service then he is liable for refusal of assistance. we just advised him. confusing. The superior officer must issue an order. That is what he is going to do. he refused now to discharge his public office. In the courts. The superior officer after learning that the inferior officer suspended the implementation of his order. To explain this. Now. open disobedience as I said is only applicable to executive and judicial officers and that the disobedience is with regard to a lawful order of a superior with all the formalities required by law. But why is it that they are being compelled to serve the subpoenas. when a councilor who was elected refused to discharge his elective office because when he runs for councilor he was thinking that the salary is more than what he is receiving that he will have several perks and of course several. Well. any public officer may be held criminally liable in this article because any person who refused to give an assistance upon demand by competent authority to said public officer in relation to administration of justice or if not in relation to the administration of justice. if you requested that a subpoena be served and that you will be asking that it be the barangay chairman who shall serve the same and the courts grant your request. Now. other income out of being a councilor. it is in relation to other public service and that it resulted to damage to another party whether to the government or to a third party. you said that “doc. why don‟t you resign officially? Resign! (judge said it with a stress) Because if you resign and it is accepted. Now. refusal of assistance. we have to go to a particular barangay because there are so many people who are sick there. Now. of course we have been talking about public officers here. they cannot refuse. he wants already to assume the office of which he became the candidate. 232. Then we go to maltreatment of prisoners. Even you. orders etc. shall we call it. You can file a criminal case against them for refusal of assistance. then that is when the inferior officer shall be held liable.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Now. it is a demand from a competent authority to perform a particular public function which involves administration of justice. with the headaches that a President will have. it is countermanded and rendered ineffective and not being implemented by the inferior officer. He is being sued under this article for refusal to discharge a public office. not here. Alright! Well have you ever heard of any person who had been elected to public office who refused to discharge the same? Eh. 232 is quite. If you are elected as the President of the Philippines. there must be a superior officer. When he realized that the pay is only one half of what he is receiving from a big corporation. The moment that the court referred to them by way of endorsement subpoenas to be served by them in their locality because they are more familiar in their locality than our process server in court. Legislative officers are not involved in open disobedience. you know. will our process server be able to find in the dimly lit areas in Tondo the person whom he is suppose to serve the subpoena? Uuwi yun. no crime yet. then the person shall be liable for refusal of assistance. make a return. you have to be familiar with regard to usual practice in offices. Under such case. they are not. we will deliver medicines etc” The doctor said. 232. First. it is true that policemen are not supposed to be process servers. Then the superior officer must declare that the suspension made by the inferior officer is actually invalid or void or illegal and command again the inferior officer to implement the order but he refuses. If again the inferior officer suspended the implementation or refused the implementation of that order then that is when he is liable under Art. pumunta ka sa Tondo. If it is not given by a superior. open disobedience. you will naturally try to do your best to discharge your public office. So there must be two acts that will be performed by the superior officer and there must be two acts to be performed by the inferior officer in order that there will be a violation of Art. Actually. there is a demand from a competent authority because he is the head of the municipality under the devolvement of powers in the LGC. So any judicial or executive officer who openly refuse to execute the judgment or decision or order of any superior authority made within the scope of their jurisdiction and issued with all the legal formalities in accordance with law shall suffer the penalties of arresto mayor etc to prision correccional etc. there is no crime yet that has been committed.. in order that a person maybe liable in this particular article. there is no problem but if you refuse to discharge your public office then you will be held criminally liable and you know. So you can actually sue them. Alright. try once. 237 of RPC. It‟s alright! But if actually it will cause damage. But because at a time when she repealed that particular law. That is an insult. That is why there were several coup attempts at the time. any public officer or employee who before the acceptance of their resignation. Art. you can abandon your position even if you file your resignation. Marami namang ganyan talaga eh noh. 238. The law specifically provides that by inflicting such punishment in a cruel and humiliating manner. I hope that they pass the bill that is authored by a certain Metro Manila congressman that prohibits the wearing of prison clothes in court and in public while they are being presented before the public.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel prisoners. then with a word detainee. let‟s try if you have the guts. Now. so they perform acts that pertain only to the legislative arms of the government by making general rules or regulations beyond the scope of their authority or they attempt to repeal or suspend the execution of the law. then why not. that is also in violation of RA 7438 known as the violation of the Miranda doctrine and the Escobedo doctrine in the United States. eh that is different. So my idea is let us test this. that is within the powers of the Supreme Court and we can interpret also even in the courts of original jurisdiction they can interpret a law and say that the law is already repealed. I think. 238 can be violated only if you file a resignation and before your resignation is accepted. if the purpose of the maltreatment is to extort a confession. Presenting him before the entire nation. But I am very suspicious eh. The carriers are in Subic and nearby oceans. d ba? Yung drawing lang etc. There is no problem with that because all your acts thereafter will be considered as legal until somebody again dislodge you from your position. good riddance. they are in the heat. if you abandon your office and of course you did not file a resignation then that is not in violation of Art. has been under custodial interrogation. Do you recall that? What do you call that? Freedom! But that is actually a rebel Constitution. my opinion. But if that bill will be passed. that is alright. Their caricatures or whatever you may want to call them may be the subject of publication but not their real selves. Ok. the act of Madam Cory in repealing RA 1700. Let us say for example. NBI and everything. Abandonment of public office. Eh malapit naman ang election so there is no more problem. they are going to call a press conference. I don‟t think there will be further coup attempts unless may projection is wrong. Do not show your face anymore. In the event that a person has been invited. Let‟s try. that is a punishment. hold-over naman to yung ayaw umalis sa pwesto. those are the only things that they can publish but here in the country. shall abandon their office to the detriment of the public service shall be held criminally liable. there is no problem. You can abandon your office even if you file your resignation without even accepting your resignation. And also in that bill. he is already being pictured as a person guilty of having committed a crime. Those who anticipate performance of their public function. you abandon it. it is also covered by RA 7438. The sketches. Anticipation of Public office. Eh. Eto naman yung mga those who prolong the performance of their public functions and duties and powers. pls. Actually. Ngayon ilan palang coup attempts? Iisa palang. and in addition to the crime of physical injuries or whatever that they may be committing. So if it is a rebel Constitution. has been under custodial investigation and there is a maltreatment of that person in order to obtain a confession. then the penalty is higher than that which is provided for in paragraph 1. For once. It is cruel and that is overdoing themselves in the treatment of a prisoner and let us try if the same will succeed in the event that you file a case against such officers. So he can be charged under the RPC and at the same time he can be charged under a special law. in every office if such person is not fit in the office. Or to consider the law as repealed. Just like what they are doing in the States. Ok? Well. Eh kung minsan maraming executive officers tsaka judicial officers gustong maging myembro ng Senado at Congress eh. Usurpation of legislative functions. They are going to handcuff you. that is already a punishment to this people and that is humiliating if not cruel. There were I think 9 or 8 coup attempts during the time of Cory. Now. This is only true if it is not within their powers. then we have a specific law already. Well. That means to . because they cannot wait. they could not even wait until such time as they be qualified and that they have already been sworn to duty. removal from office and it is when they prolong their duties. then that is the problem there. Even if they have already been removed or they have already their job term expired. that is overdoing oneself in the treatment of a detention prisoner because it is humiliating eh. if such office has been abandoned for purposes of not prosecuting an offender or evading the prosecution of an offender or from punishing such an offender. Well. supposing the court is being asked to suspend a law which they believe is unconstitutional then that is within the powers of the judicial authorities. then they still continue to perform the duties in that office then they are considered as 35 MajArvin violating Art. You abandon your position. handling their well-being etc. Anticipation of the duties of public office. they are going to ask you to wear this orange uniform etc with the word you know PNP. There was a question there whether it was legal or not. Well. You can even abolish Congress if you want. the Constitution that we were using at that time was a rebel constitution. especially if Bush will be coming. it is being proposed that they should not be presented in person. To me. to me. Any person who is in-charge of handling the prisoners or handling their corrections. These are the adelantados. if they shall overdo themselves in the handling of a prisoner or whether the prisoner is a convicted prisoner or not. why not? So that the Supreme Court in the long run maybe able to rule whether it is valid. they call them in Spanish. It involves the executive department or even a judicial officer. Something is brewing. or by inflicting such kind of punishments in a cruel and humiliating manner then there is maltreatment of prisoners. The words “has already expired” include resignation. You can repeal any law because you won the rebellion. Gusto nila they are forever mayor eh or Congressman. Before the question of jurisdiction has been finally decided. Sabi ni warden. Kung wala na. These are simple crimes. governors. and med. Side B … now. it is actually in the first paragraph. Convicted yun. So the issue must be jurisdiction meaning to say he has no jurisdiction. 244. that is when they will go to the judiciary. I-charge nya yun under this Article. she would be then how old only? 28 lang yun. remember. If I solicit any advances. Binasa ko yung libro eh. he still continued. He shall only turn over the records of the case upon arrival or upon reporting by the justice of the peace to his position. that is in the new rules of court. very easy to understand. hmm. Well. municipal mayors have the power to conduct preliminary examination of witnesses for purposes of issuing a warrant of arrest in the absence of the municipal judge or the justice of the peace at that time. sister-in-law. 243. “judge.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel say that the United States were able to gather information that something is amissed. a woman who is only 14 years old can already get married and have a child even before reaching the age of 15 hmph so say for example she got married at 14. Usurpation of judicial functions. But there was a time when mayors perform judicial functions. It is a crime ha a mere suggestion ha or a mere request or any order as long as it came from an executive officer. If you accept a position in the peace and order council. it is not a crime because the law has enumerated. ano yun? Eh. grandmother. This is those that make immoral or indecent advances with respect to the submission of a report or to consult with a superior officer. there could be sexual harassment but in the second portion of paragraph 1. in this life. a TRO or an injunction that was issued or a prohibition. Actually there are some people who even admit to having called judges. The members of the executive departments. because the new rules of court took effect sometime. Who are those? The person himself who is in jail. they removed that. July of 1964. Oh yes! D ba nyo alam yun? Before the passage of the Family Code. Sinabi bang ascendant? Hindi eh. Eh. So. the sister or relative within the same degree of affinity. bakit? eh libre ako eh. I believe. But then the Supreme Court realized that they are violating the provisions of RPC by giving that power to the Mayor so they removed that in the amendment in 1964. Disobeying request for disqualification. now supposing the person to whom the warden made or solicited immoral advances is the grandmother of the prisoner. 40.” Pwedeng mag-reklamo ang judge. sister within the same degree. meaning to say it is in a working place and you know that sexual harassment can only be committed in two places. Unlawful appointments. Break! . immoral advances to a woman who is a grandmother. Now. huwag mong I-issue ang TRO ha. this has been violated and most often this is being violated. 42 pala. add another 14. So if you are the presidential legal officer. Eh. if not the wife. This is a common practice. supposing lalaki ang sinolicit? Hindi rin! It is not a crime so they have to change this. 245 is abuses against chastity. Now. Periods. the penalty shall be prision correccional in its min. the daughter. ah. how about in number 2. any public officer or employee who has been ordered to refrain from proceeding with any action in regard to any request for disqualification shall be held criminally liable under this. you are actually performing an executive function and therefore you may be held criminally liable for usurpation of executive function because that particular council is supposed to be a council that belongs only to the executive department. had a child before reaching the age of 15 and then. directly charged with the care and custody of a prisoner or persons under arrest who shall solicit or make immoral advances to a woman under his custody and if the person solicited be the wife. second portion thereof that there is sexual harassment. Eh. Do you remember those times? When the rules of court of 1950-1964 was still in effect. the mere nomination or the appointment of a person who does not possess the qualifications provided for by law shall be liable under Art. the sisters or relatives within the same degree by affinity of any person in custody of such warden or officer. etc bawal yan. instead if there is an order. if you will recall that. mayors. the daughter or if not the daughter. Well. Eh ang dami dami dyan sexy. any person who shall solicit or make immoral or indecent advances to a woman interested in matters pending before a public officer or employee for decision or with respect to which he is required to submit a report to or consult with a superior officer shall be liable under this article and any warden or other public officer who directly offer. That is why we can go as fast as we can without of course prejudicing your interest and understanding of the law. These are executive officers who actually address an order or a request or a suggestion to any judicial authority in connection with any case pending in said court or any case or business within the exclusive jurisdiction of the court of justice. A place of learning or in an educational institution and the other one is a place of work. ayaw naman ng mga mayors na magjudge eh. then there were amendments thereafter. hindi ayaw ko dun. there could be a grandmother who is only about 39. then he is liable. I have to admit that this has been done so many times. a million times and yet no one is being prosecuted. in the first. Ok. the wife of the person in jail. wala eh. the typical example of this is those who accepts position in the peace and order council. you have to play ball otherwise they don‟t give you the ball. So the mayor then had that power of issuing a warrant and even asking searching questions only for the purpose of issuing a warrant. her child also got married in the same age as she has. that would be 42. In 1964 and before. well. oh. there is no choice. you call the judge. Now. 36 MajArvin Pero sa buhay na ito. He was too tired. If he catches them or surprises them actually in the act of sexual intercourse. no evident premeditation as long as there is the relationship between the offender and the offended party as the case may be. He was too exhausted already of taking the bar examinations. they were able to know that he is not Balagtas but a farmer. Art. if an adopted son kills his adoptive father or mother. or the victim. well. That is People v. less than 3 days old yun eh. But after an hour. But he was asked to wait for awhile if the bus would be fixed by the mechanic. You can kill both of them or one of them as the case may be. He told his wife. An adopted son or adoptive father is not included in the crime of parricide. he left for home. It is the mistake of fact that is a defense. When he arrived at the bus station after telling his wife that he will be already arriving in the evening because the place is a little bit far and he will still have to take some other buses that are coming from other far provinces. that is not parricide. When Oanes and company were ordered by their superior to arrest a certain Balagtas dead or alive and they were told that Balagtas in a hut or is in a house then they were given the description of Balagtas and when they saw a person who was lying asleep on the floor of the house. he was again disappointed because the dispatcher told him that the bus he is taking for the next town or so. noooh. When he arrived at the bus station. self-defense is available unlike in murder if murder is actually proven or if the charge is murder if you try to inject the defense of self-defense. he did not mind. ate and slept and woke up at 1:00pm and left for the bus station. Co drew a 38 caliber revolver and probably told Abarca. While Mr. Ty. His testimony is that he was blinded by rage and everything so the only thing that he was able to think at that time is his friend. But when he was about to approach Kingsley Co and his wife. Question: (inaudible) 37 MajArvin Now. he tried to think. The principal actors there are Abarca. he is exempted from criminal liability. They claim mistake in identity. pagdating sa child yun. irrespective of whether there are evident premeditation or whatever. I will take the bus just about an hour from now. his mother. I have had a conversation with him that we can go into a little business of which I am going to earn. He was then suffering from obfuscation. Question: Sir how about mistaken identity in the sense na hindi cya inintend mong patayin pero napatay mo? Mistake in identity in the person whom you killed is your brother or mother. it would be very hard. it is not a concern in the crime of parricide. The penalty shall be reclusion perpetua to death. they shot him full of force and when they turn his body. Kailangan sa spouse. the spouse must be legitimate. It is never a defense even under ordinary circumstances. It happened in Tacloban.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel …Parricide. 247 is actually a well known article in the circles of people who are familiar with the ongoing between families. Well. he left and of course he was fuming mad. He was able to arrive at the destination of the CAFGU. If he does inflict only less serious or slight physical injuries. Meaning to say that his wife is committing arson. make it my day. While outside of their house. can you inject self-defense? Hindi rin pwede. When he arrived at the bus station. he was informed that the bus he was going to take has already left. simply put parricide is any person who shall kill his father. the next trip would be 2:00pm so he went home. there is no way that this bus can leave so he said I am going home. When he went to a mahjong parlor. He left his wife in Tacloban and there is a Chinaman by the name of Kingsley Co. It is a homicide no problem Eh infanticide. I will go to the next town. he saw Co playing mahjong. That is why in parricide. Now even if there is no treachery. he borrowed the armalite rifle of the CAFGU. He shifted the armalite mahjong . passion and everything. he was telling his friends who have been saying that to him that he is only being distracted by those dirty rumors that are being spread by those who do not want him to pass the bar. He said that he believes in the fidelity of his wife and everything so he just went on with his review until he finished taking the bar examinations. Remember that in parricide. It is not a mistake in identity. So he rested for awhile and after an hour he left. Merong illegitimate spouse but that is not a problem of ours. according to the Supreme Court that could not be a defense. He knew that Kingsley Co is addicted to playing mahjong and he knows the places where Kingsley Co usually plays mahjong to pass away his time. shall be sentenced only to destierro or if he inflicts serious physical injuries. He opened the door. whether legitimate or illegitimate ha. then that is parricide. he was already hearing things from his friends that his wife is two timing him. He went home and you know being the husband of the wife. The same. Penalty is only destierro. The same is true in parricide. Murder. he went back to their house. it is the fact of relationship. He arrived there and while in their house he rested a little as he has already exhausted most of their savings. I have a friend there. These are matters that should be very. There ought to be a law but then there being no law at this point. well. And when he opened their masters bedroom. This is death under exceptional circumstances or physical injuries under exceptional circumstances. he knows his way around. has developed engine trouble. he did not find his wife and Kingsley Co. because mistake in identity is never a defense. Abarca. Because of fear of being shot. a Chinaman. Any spouse who kills his spouse or the paramour of his spouse. who took the bar exams in Manila. After finishing his bar examinations. he was able to enter their house and then he went direct to their bedroom so that he can rest. very clear to you. Parricide. Abarca was reviewing for the bar. he saw his wife having sex with Kingsley Co. Actually very few maybe able to cause the overturn of the charge of murder by injecting self-defense. That is the killing must take place immediately after catching the two by surprise. the front door. It is simply either murder or homicide as the case maybe. He again tried to think. where could I find this people. Oanes case. He hired a vehicle or he rode a passenger vehicle. You read the case of People v. a member of the CAFGU who has an armalite rifle. there is a case Mr. his spouse or child. Homicide. reasoning out that had Abarca tried to protect his honor. etc at that point when he discovered his wife having sex with Co and he actually tried to inflict injuries on anyone of them. in criminal cases. More than an hour. That . no problem! Actually. It has none. Now. it says engaged in sexual intercourse. It is to prevent the relatives of the victim.641 1998 citing the case of Parulan. He will not even be able to exercise his right under Art. instead of being appreciative of what Abarca was doing for the family. because he shifted it to automatic fire. He was not recommended to be charged of illegal possession of firearms. the Supreme Court did not discuss that anymore. But it took him more than an hour and in a different place to kill the one who actually put a shit in his head. hmph. Ayun dalawa tinamaan. Ok. That is why the SC considered even a period of more than an hour as immediately thereafter. mauna pang mamatay yun. 247. He was convicted in the lower court. Now. The same is true with reckless imprudence resulting to serious physical injuries. Actually there are some smart Alex who will say oh what are they going to do when they are on bed. Question: In Art. With respect to the place where Kingsley Co was found. Abarca.640. supposing the one who is going to wait is suffering from hypertension. he was not. he should be sentenced to destierro. The law says that he surprises his spouse etc in sexual intercourse etc and immediately thereafter either killed his spouse or any one of them or inflicted serious physical injuries etc. But you see more than an hour has passed in that particular case. He was allowed to take his oath. reclusion perpetua to death. You committed reckless imprudence and that you are hereby sentenced to 2 months of imprisonment for the compound crime of serious physical injuries or reckless imprudence resulting to serious physical injuries. Ramos. that is the case of People v Abarca. So all that he has to do is leave Tacloban City for another place not more than 200 km away from Tacloban City nor less than 25 km from Tacloban City. please leave. That he is not in favor that the law should not extend to those circumstances which will prove actually that they had sexual intercourse. But the most intriguing case is the case of People v. the penalty of destierro there is not a penalty. Homicide. They removed the reclusion temporal portion. 247 of RPC. there is no problem except when you have to correlate with RA 8294 conviction of illegal possession of firearms is not allowed under 8294 if the crime committed is homicide or murder because illegal possession of firearms is absorbed in the crime of homicide or murder with illegal possession of firearms being only a special aggravating circumstance. that it is not only during the act that the spouse must surprise the other. But that is the case of People v Abarca under Art. 247. two witnesses. Is there a crime of rape with murder? No! there is none. so they kidnapped him first and killed the victim. There is none. heart disease. Abarca was convicted of death. And the proper designation of the offense is rape with homicide and homicide should be interpreted in its generic sense. Malubha. he would be dead because Co had a firearm. hmph.(sounds like Kwatson. I was made to understand that he became a prosecutor. those who are not concerned here. the entire case is always open for review and giving the appellate court an opportunity to evaluate once more the totality of all the evidence including the proper designation of the offense. the others who did not leave because it is the Filipino way of life that they want to be always the eyewitness. chak chak. 248. 247 because actually it is a right eh. They suffered serious injuries that almost cost their lives. That is the idea there. He started firing at Co and most of the bullets hit Co but there were other bullets. under exceptional circumstances. Murder. the SC said it is still within the purview of Art. What crime is committed? Murder? No! According to the SC. Then after that he was released because he had been in jail for the last 6 years and he has already passed the bar exams. in Waray. even had the temerity of being unfaithful to Abarca. Probably the SC has taken into consideration the fact that Abarca was trying to improve their life and yet the wife. Ayaw umalis mga usyusero. But they only lump them into 6 qualifying aggravating circumstances. 297 SCRA 618. it is kidnapping with murder. defend his honor. That is the dissenting opinion of Justice Laurel. Well according to the SC. there are still 6 but actually there are so many if you are going to look at it and enumerate them one by one. there is no problem about murder because if you are going to look at murder under Art.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel from a single fire to automatic fire and of course. Two months imprisonment. It is People v. When the case reached the Supreme Court. The period of one hour can be considered under the circumstances of the case as within a reasonable period of time or shall be considered as immediately thereafter. He was charged with Murder and Double Frustrated Murder. You know for a fact that destierro do not have any accessory penalty. supposing that it is the purpose of the offenders to kill the victim but then they cannot just kill the victim. Ok. You 38 MajArvin know the SC can extend all these because they are the SC. the friends of the victim from retaliating or committing acts of vengeance or revenge against the spouse. That was the wording in the decision of the Supreme Court.. what if they are just undressing? There is a dissenting opinion of Justice Laurel. just search for the real case name) There is such a crime which is special complex crime of rape with homicide but there is no such crime as rape with murder. Nestorio Kwatson. both naked? Read the bible? Or tell stories to each other? That is not what they are going to do so what should we have in mind then? Either they have done it or they are going to do it and do you have to wait? Eh. what was changed only is the penalty because the previous penalty under the old law is reclusion temporal in its max period to death. sentenced to destierro and with respect to the two usyuseros. no more. No accessory penalty. That is the case of People v. What happened is that with those reasoning of the SC. you should have been careful in firing the armalite rifle. the SC said Abarca. There is another case but then it is almost the same as the other cases. and he told those who were present at the time in Waray. it is actually infanticide. that is unintentional abortion. by a midwife. 2003 By: Mildz …what is important in infanticide is that the child was born alive whether the child is premature or whatever as long as the child is alive. It is not correct to say that if …o…here is Mr. It‟s not gangs. bahala ka. and of course the dispensing of abortives by pharmacies. If the person who inflicted the serious physical injuries can be identified. that is the employment of force or violence or intimidation upon a woman whom the offender knows to be pregnant and the purpose in employing such violence is actually to cause an abortion. Who wants to give assistance to another to commit suicide and who wants to commit suicide? Alright. ah. O cge. ah as if you did the killing yourself… Tape ends. You know this is what we call in the street language. let me see. murder or homicide. it‟s not whatever basta any means of violence and that is what the law requires only. there is no direction etc. Bakit. Two groups they just meet each other. then it is infanticide. Now. that is when there is tumultuous affray. But the paternal grandparents. if the child is killed. if say for example. Physical injuries. the next article is death due to tumultuous affray. Pare pakilagyan mo nga ng stool dyan sa ibaba. if the person who actually inflicted the fatal injury can be identified. the person who lends the assistance shall not be held criminally liable. a tumultuous affray erupts. lending his assistance in the commission of suicide. When you say tumultuous here. If he did the killing himself. patay. This is their preoccupation. There is no difference. uy. I will have to step on the stool 39 MajArvin and when the stool is already there and I am already on top of the stool. His participation therefore is active. That was the decision of the supreme court way back in the early 20‟s…as a matter of fact it was still a decision of the supreme court when it was still being published in the Philippine reports. Is he liable? The roommate is already hanging in the beam of their house. Rumble. In the morning when he woke up. unintentional abortion…we have actually the abortion practiced by the woman herself and then the abortion practiced by a physician. You know tumultuous. pakibili mo nga ako ng nylon rope sa hardware pag-uwi mo. That is an absolutory cause. But supposing Pare. Loko to. as long as the child is born alive and the child is killed. supposing you have a roommate. I am nervous. it is not invaluable to the commission of suicide. anong gagawin mo? Mag-su-suicide ako. mag-sui-suicide ako. Your roommate told you. in other areas etc where there are so many gangs. Sampaloc. Salva…I told you I am going to announce their entrance so Sia is actually angry at you because probably you were the one who suggested that their entrance be announced. Sia and Ms. The determination of whether intentional or unintentional abortion is actually the acts prior to or simultaneous with the employment of force or violence upon the woman. there are two groups of four or more ha because when you say tumultuous. Anyone who shall assist another to commit suicide shall suffer the penalty of prision mayor if such person lends his assistance. There could also be . Now. pare I am going to commit suicide. they are not organized for purposes of attacking each other and then suddenly. the offender is liable for the crime of homicide or the penalty of homicide shall be imposed upon him. it must be composed of four or more armed persons provided with means of violence and there must be at least two groups who were not organized for purposes of assaulting or attacking each other. pakitali mo nga yun rope na yan. I don‟t want to hear the sound of the gun. The penalty is lesser in the event that the person who actually inflicted the fatal injury cannot be identified and only those who inflicted serious injuries can be identified and they are all liable in death due to tumultuous affray. No! because he can buy also a rope of his own if he wants. Ok? Well penalty for frustrated parricide. The penalty is higher if a person dies on occasion or during the tumultuous affray. What is actually not infanticide is when the child is born dead. It is most common in Tondo. Abortions…well there are how many kinds of abortions? We have intentional abortion. He can also ask somebody. This guy bought a rope made of nylon.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel would be even including murder and there is no such crime as rape with murder. the penalty is prision mayor or even lesser than that if they cannot be identified but definitely those persons who inflicted the injuries maybe identified. Well. If that is not the purpose and there is an abortion. They were saying that if a child is born alive but it has no chance of living. kick the stool. His assistance must be active and invaluable in the commission of suicide. will you pull the trigger because I cannot pull the trigger. So if it is not active. Let‟s humor this fellow. then he is lending his assistance. But there is another opinion that was floated wherein even if the child has no chance of living. Sept. apat yan pataas provided with means of violence. You pull the trigger. Is buying a rope lending assistance. When you say intentional abortion. What would then be the crime that will be committed if somebody killed a child who has no chance of living for about maybe 20 or 40 hours or 48 hours. invaluable. well the same application. there is no problem here. 17. Well there is no such crime as slight physical injuries due to tumultuous affray because there is no penalty that can be imposed. You must have to remember. that is what‟s important to constitute infanticide. there is no way that they can be given any modifying circumstances that is mitigating when I say modify. Pasay. The only modifying circumstances in infanticide is actually when the killing of the child is to conceal the honor of the mother and it was the mother who killed the child or when it is the maternal grandparents in order to conceal the honor of the daughter of the maternal grandparents. If it is without her consent.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel intentional abortion in the event that the abortion was employed without any violence upon the woman…hmph. You remember the case. as long as we have the Catholic religion among our midst. the person does not have an intention to cause her abortion. All that is required is that she must have a good reputation. The law should define when a woman is pregnant. In abortion. maybe it is the fault of the operator of the calesa but then even if you are very kind to your animals etc. is it the operator of the calesa or the horse? Well. we cannot settle the issue and the only issue that has been settled is that there is a law on abortion and that it is against the law to perform an abortion. it is also a crime but the penalty is simply arresto mayor. Is that already a fetus? No. but it is the reputation of the woman that counts whether she maybe entitled to conceal her dishonor or not. The unintentional abortion may actually be with employment of force. Would that be considered as an insuperable cause? Maybe. In other words. who is a lawyer? He said that my belief. as cited in your book. it is the teaching of the Catholic religion that an unborn child has the right to live. he said well. when the horse went wild and there was a woman who was crossing the street and the calesa. When a woman practices abortion upon herself or even consents that the same be performed upon her. that is not yet pregnancy because to him pregnancy is the presence of the fetus. But it is included among those who may be held criminally liable for the crime of intentional abortion thru negligence or even imprudence. That would be actually a very. the woman actually must have a good reputation only. Oh well the penalty is not actually the same to the maternal grandparents but then the penalty 40 MajArvin should be prision correccional in its med and max period. Now. The dispensation of abortives without any prescription by a competent physician and it is a pharmacist who dispensed the same. she shall be held criminally liable for such act of hers and the penalty is only prision correccional in its med and max period. there is no problem with that because these people are supposed to help in the delivery of babies and instead they are the ones who are killing the babies. about the operator of a calesa or caritella or whatever they want to call it. the wheel of the calesa hit the woman causing her to have an abortion. who is at fault. there are even Catholics who think that their very persons would probably demand an abortion in case where it is necessary. ― a woman is said to be pregnant when a fertilized ovum is already deposited inside the uterus of the mother. Just like when the abortion was practiced by the woman herself. violence or intimidation upon a person without knowing either that the woman is pregnant or if even if the woman is pregnant. There is even abortion which may be committed through reckless imprudence and that is reckless imprudence resulting to unintentional abortion. Naturally. Now. Maybe she is a good woman but she has bad habits. We do not know. It is not necessary that the woman is actually of an unsullied reputation. when do we consider a woman to be pregnant? That is the problem that has been a legal issue to most of those who are in the courts because even the physicians at times do not know when a woman is pregnant. legally. Now. on the other hand. But up to the present. Now. but look.‖ That is according to the medical terms but would it be considered for all legal intents and purposes as pregnancy? When I asked a doctor. there is a debate there. None whatsoever. In cases of concealment of dishonor. There is no definition of pregnancy. it is intentional abortion without the consent of the woman and without force or violence. But there are those who are pro-life saying that the mother has no choice but to bear the child considering that it is not the fault of the child that the child became a fetus and therefore that child has the right to live. That is what they are saying. abortion practiced by a physician or by a midwife. these people are supposed to be punished with a more severe penalty than that of the others. whether it is intentional or whether it is unintentional. The law on abortion is actually a very ticklish issue at this point because there are those who believe that the mother has the right to consider an abortion if it will be warranted under the circumstances. Well it is a long running debate of which I do not believe that it can be settled even at this point. How about those who are supposed to be known to almost everyone? How about those practicing their trade at the side of the Quiapo church? Have you been there? Have you had the occasion of just taking a walk near Quiapo church? They will even ask you. no! to conceal the dishonor of the woman who got pregnant. if it is with the consent of the woman. it would fall under intentional abortion and not abortion practiced by the woman herself or by grandparents. Well. not to conceal the dishonor of the grandparents. It may not be with the consent of the woman. 259 is a serious offense. Some have the impression that it is the dishonor of the family that was brought by the pregnancy of the woman and that there is a need for abortion and the maternal grandparents were the one who practiced the same. it may be with force or violence or it may be without force or violence but the woman consented in the abortion. very serious penalty considering that Art. remember that the abortion here must be committed to conceal the dishonor of the mother of the child not to conceal the dishonor of the family. the operator of the calesa was charged with reckless imprudence resulting to unintentional abortion and he was convicted. 259 of RPC. if it is with the consent of the woman it will fall under the intentional abortion with the consent of the woman. so that is the problem. Kanahashi. When is there pregnancy to speak of? Who is a doctor? Who is a nurse? Do you know when is there pregnancy? Do you know? Yes. the penalty would be based under Art. there are times when they won‟t be kind to you and you would not be able to control them. maybe abortives or some other kind of means were employed upon the woman that is considered as an abortion without force or violence or intimidation being employed upon the woman but it is still intentional. But then as you will note from the provisions of the law. o anong kailangan . In the event that this woman commits this offense to conceal her dishonor. our problem is supposing the person who dispensed the abortives is not a pharmacist. she will suffer the penalty of prision correccional in its min and med periods. The right to be born. they will object. this is a formal combat between two persons with all the formalities of any combat as done during the olden days. the display of the part that was cut in the sala of the offender is ignominious to the victim. Yes because we got one and it took us two days or 48 hours to get it. then that is the second kind. We have had the occasion of having to read everyday. because they considered ignominy there. Pero sa mercury wala ata eh. it is like the rainy season or yes. that is a fact that we have to contend with. It is simply a. It all started with Lorena Bobbit. who shall intentionally mutilate another person by depriving him of a part or the whole of an essential organ of reproduction. got a scissor. there are so many kinds of physical injuries. got a chopping board and a bolo and cut the organ of the young man and the worst part of it is that he got a bottle. That is their job. If they are not of lawful age. who is even less than 18 years of age. Well. this is the rule. Well. the period that will decide whether the injury is serious. and then there is a selection of arms. at least two or three drugs that are being mixed before they are administered and we do not know how they are doing it but still there are. As of now. When you say duel. I do not know why the church is actually tolerating all these people when they are against abortion yet the people there beside the church are the ones who are practicing abortion or giving abortives. it is use of knives. If he has no occupation. After a month or two. be committed again by other persons. When the husband became jealous and suspected that his wife is having an affair with a very young man. I think there are still drugs. it is the first kind of serious physical injuries and the penalty there is prision mayor. got a knife etc but what is worse is what happened in Batangas. They may agree that if there is already a mortal wound suffered by one then the duel should be stopped. I do not know whether it is the reverse but it is my understanding that the two are not the same. when it comes to determining whether a person suffered physical injuries which is serious or not serious. everybody is talking about F4. well. that is not unfair because he does not want to devote . duel to death no problem. Let us just take physical injuries as a rule because physical injuries. If the offended party became insane. the court actually was very nice to him because the court sentenced him to reclusion perpetua. Even the instigators are liable in challenging to a duel. or impotent or blind. Is there a difference between a pharmacologist and a pharmacist? There is. It depends upon what kind of injury is suffered by the offended party. The challenge must be that it is actually a formal one either thru intermediary or thru letters etc and actually the challenge must contain all the conditions set forth in an actual combat. he cannot anymore smell the scent of flowers. wala na yang F4 na yan. is only the medical attendance or the period of his hospitalization that is all. so what he did was to abduct the young man. which is made against another person is not challenging to a duel. There may be others like a doctor and then these people who are present must be of lawful age. use of sabers. shall we call it. there is one but then it is quite expensive because it will take you how many hours? Before you can get it? Raffy: Judge it depends on the medicine that you will get. matagal yun. Now. I told you that Filipinos are fond of imitating other people in the world when that Lorena Bobbit case was published in the newspapers almost every week. Ok! We go to physical injuries. No. to determine whether the injury that he suffered is serious or not. Well. the abortives are made of either herbs or herb or whatever. the wife got a razor. There is no problem with respect to mutilation. he was sentenced to reclusion perpetua. If the person has an occupation. Actually.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel mo boss? Pampalaglag or whatever. O pahuhula ka. then there is mutilation. When you say mutilation that is actually the removal or if not removal. it is mutilation. In the event that no person suffers any injury. or the person became deaf or he lost the sense of smell. If they agreed that it is a duel to the death. Topical applications madali yan yun pero yun medicines na iba. I don‘t know if you can do it but let‘s see. Ignominy. Just like the F4 here. 41 MajArvin Can an instigator in challenging to a duel be also punished? Yes. less serious or slight. became an imbecile. but as long as it is partially damaged. a legal occupation. What I understand of a pharmacist is actually the old pharmacists are the ones who are mixing drugs in order that it may be dispensed with to any patient but the pharmacologists are those who just read the prescription of the doctor. Use of pistols. it is not a duel. plants. Well. you will see in the newspapers. there is. there must be an agreement between two parties and that it is a concerted combat between two persons in the presence of at least two persons who are supposed to be the seconds. just the same as long as the formalities of a concerted combat is present with all the conditions that maybe set forth in the agreement between the two. ok. Duel. actually even if the essential organ of reproduction is not totally damaged or mutilated. almost everyday mutilations in the newspapers. there is a fixing of time. Mere challenging to a fight or a fight to the death. You will say sir. There are the fixing of weapons and such other agreements that the combatants may agree on. beating. wounding another. That is if he has an occupation. if there is only a loss of one eye. fill it with formalin and placed the portion that he cut in the formalin and displayed it in the sala. actually the parties who participated in the duel are still liable. Now. that is very unfair. Why are they liable? It is because of the social danger that they poses as the same would be if tolerated. are there still drugs that have to be mixed in order that they maybe given to a patient? Distilled Water? Not only that. The way of committing physical injuries is by assaulting. or what has been discovered by the old folks during their times and it is still effective as it is proven by people thereat. or under similar circumstances. roots. Nandun lahat ng racket eh. bring the young man to their house. aside from his hospitalization or attendance by a physician you should also consider the period within which he failed to engage himself to his usual occupation. use of swords. Is it necessary to consider the transmittal as an element? I don‘t think so because the detection of whether there is a transmittal of the virus or not to the woman would . you are spreading a deadly disease of humans. Now. Macho daw ang dating. But then during the pendency of the case and the person dies. But if he is working. that is serious physical injuries even if he has to be attended by a dentist for only one day. no remedy. Me. he does not want his appearance. Question: Judge. Well. you cannot consider it. what if for example the patient was still alive when the trial ended. You wounded a person in any visible part of his body which would show permanent physical disability or permanent injury then it is actually serious physical injuries. then that is impossible crime. Aggravating pati yun ha. you include his incapacity to engage himself to his lawful occupation together with the actual hospitalization or medical attendance. that is when it becomes frustrated murder. ah no. The only change is actually the fact that the case shall become within the jurisdiction of the Family court. In slight physical injuries. yes. tapos na. like wounding a person on his face which will leave a scar forever. less serious or slight. Well. there is no problem. supposing a person was stabbed by an ice peak on his chin. Yes. I don‘t like this. the introduction of the substance in the body of the offended party. assaulted. being beaten. That is attempted murder at the start when the virus actually was transmitted. you are going to amend the information to murder because of supervening event. wala na. then you cannot anymore consider any supervening event. If I may say so. if not. They should. No. Hindi naman contagion of cattle yun eh. are you going to consider that as serious physical injuries? Is that a deformity? That is what I am trying to ask. Now. But if the victim dies after the judgment has become final. administration of injurious substances. It may appear to be unjust but they should amend the law and they should amend the jurisprudence. That is the way how to determine whether an injury is serious. it will be serious physical injuries under the preceding articles. But well. If there is intent to kill. If it is poison. Because the criminal liability is only available when it comes to attempted and frustrated up to the time that the person is alive and that the supervening event cannot surpass after the death of the victim. Well. that provision of the law is unfair to women. It develops in about 5 or 10 years. if there is already a judgment. my statement is correct because when you say deformity. So the judgment must come prior to the death and the judgment must not yet have been final and executory because if it already final and executory and there is already a long period of time that had lapsed. I mean not the accused but if the victim dies. If there is an ineffectual or ineffective means. and then subsequently he dies 5 years after the judgment? Ah. what do you think? That is attempted murder. he will say. I would rather that it be included and considered as a supervening event despite the fact that the judgment has already become final and executory due to the fact that the development of Aids comes in years and not in months or a year. then it is not serious physical injuries because it is not. Administration of injurious substances refers to actual taking or if not taking of the substances. that the judgment has not yet become final and executory. it is not a deformity because it did not change his appearance to one that is disagreeable. less serious or serious. Slight physical injuries which includes maltreatment. well. attempted or frustrated murder or homicide. the same penalty. the taking as long as it is ingested to the body of the victim. if that person who is not devoting himself to a lawful calling is injured by others. it is only the period of medical attendance or hospitalization that should be the basis of whether the physical injuries should be slight. it is still necessary that he transmits the virus to the woman in order that the same may be considered qualified rape. it maybe amended. it improved his appearance. it is murder. physical injuries may also be committed thru reckless imprudence or the case would be reckless imprudence resulting to serious. less serious or slight physical injuries. ah. Eh kung gumwapo lalo. If the victim is a minor. That is serious physical injuries even if he stayed in the hospital for only two or three days. if the accused dies within 15 days. So the administration of 42 MajArvin injurious substance is the injection. If you hit a person on his mouth but he lost two of his front teeth. administration. the offender shall be prosecuted under RA 7610. He will not complain anymore probably or if he complains that would be only up to the extent of either the period of medical attendance or hospitalization or actually the period with which the same healed but if say for example. or inadequate means. the permanent physical disability is not evident to the general public. the same penalty as that which is provided for under Art. if the offended party opens his mouth. If it is serious physical injuries. You are not spreading any disease of a cattle. 266 of RPC. It is different with permanent physical disability because permanent physical disability is different. wounded. after the accused was sentenced by the courts of frustrated murder. Throwing an acid to the face of the victim or to the body of the victim is not serious physical injuries under Art. No. he raped a woman. eh ok to. there is no change. That is the rule. Question: What about judge those people who inflict other people with aids? Sa mga moviehouses. there are those who even wanted to have a scar on their cheeks. tantamount to use of poison. So. actually supposing that a person was a victim of such a situation. The reason there is that the supervening event must be closely related to the events that transpired. we have discussed less serious physical injuries. etc. That is why I do not like the provision in RA 8353 that if the offender in rape cases is afflicted with aids and knowing that he is thus inflicted. contaminated with aids? Ah. he looks like Michael Douglas already. either 262 or 261. no more. that is. after his chin got well.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel himself to a lawful occupation. it must be a disagreeable appearance to the one who possesses that appearance. 264. I don‘t know it depends upon how you look at yourself. But if the teeth is located in an area which it is not visible to the public. Well. it is not an object . although the opinion of Justice Hilarion Aquino. statutory. By any person who under any of the circumstances are mentioned above. who is not a lawyer and who teaches at the Philippine Judicial Academy in relation to Arbitration including Negotiable Instruments. but it should be by any person eh because a woman also maybe a coconspirator also eh. actually it is not by any person. Now. Eh. Mali. sigurado may binawas sayo san mo dinala yun? Ewan ko. Question: Judge. any man who shall have carnal knowledge of a woman. we were joking. he said. Grave abuse of authority or when the offended party is under 12 years of age or is demented even though none of the circumstances mentioned above are present. violence or intimidation when the woman is unconscious or otherwise deprived of reason. I will not allow that. d ba? Alright. Naku. Ano na naman yung mangyayari dun? Hmph. would it be considered as two crimes? No. but it used to be 5 years. That is the sex that god gave you and you have no right to alter it. it is an instrument for a guitar. But if it is still a part of the body of the person. Hehehe. ok. mukha yatang mali eh. paragraph one. While I was attending a seminar at the PJA. The prosecutor said I do not know anything about it. That is there problem there. is a finger an instrument? Yes. a declaration from the Court that you are a woman. you are still a man. Because what I know of a woman is a natural woman and that is it. the one who is teaching at the PJA. then you know already how to determine whether the rape is attempted and consummated and of course if you have read the other cases in connection with what is qualified rape then you are ok. Putulin mo ok areglado. an artificial woman was trying to get a marriage license in Makati. eh nag-bibiruan nga eh. she said. Hindi susunod pa dun. it could be any person but in the law. tapos chi-nange yun sa birth certificate nya and it was allowed from male to female. We were 3 judges. Ok. it is still. it is not an object anymore. Is there any problem in rape? Everybody has read rape. She went to the prosecutor‘s office and asked for a legal opinion.. That is why I have been saying all along that by a man only. It is a part of human body. But. you can ask some of the judges and most of the judges pointed to me. I will not be a party to that. then ordinary rape and you have the marital rape and you have the sexual assault. look. for all legal intents and purposes. shall commit an act of sexual assault by inserting his penis into the mouth of another person or in the anal orifice of another or by inserting an instrument or object. so she will be exempted because the law did not say any person. Nagtaka ako dun. object means it is not part of the body of the offender. maybe with modern medicine. Do we have any machine that would probably be of use to the Filipinos in connection with detection of aids at an early stage? Wala yata noh. well. for a piano. If you have read the case of People v Campuhan and if you have read the case in connection with what we call the limb syndrome case.eto ang pinagtatalunan eh. meron daw d bang ano. the father of Fr. by a man. and you cannot get married. my golly I said. if you want to alter it. not an artificial one. Can they raise a family? A family of their own. 2 or 3. hindi ko alam. No offense meant ha. Kasi meron eh. kung biglang bumaba yun. she was refused by the local civil registrar. (he was laughing giggly) Eh. Because the aids of the baby came from the mother. Pero judges. No problem. The only problem is actually how to determine whether rape was committed thru fraudulent machination or abuse of authority and about sexual assault because we have a different view in connection with sexual assault. But if I am going to be the judge. Only recently. somebody allowed the marriage between a man who had a sex change and a man 43 MajArvin at Quezon City. Even if you can get. There are how many kinds of rape at present? Qualified rape is the most serious. The purpose of marriage actually. So. coming from them? No way. heh. because it is very expensive. I said I will agree with you justice and fr. only one crime. So. You ask maybe somebody else‘s approval but not me. under our family code is to raise a family. Sabi nung isang judge: Eh san mo itinago yung binawas sayo? Kasi. They should also raise artificial flowers and trees. talagang woman ha. I do not know now. ako papayag. But we do not know eh. here no! You go there.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel naturally be in about how many years. The qualified rape are supposed to be composed of 10 enumerations. rape. eh di malaking usapin na naman yun. Well the judge in another station allowed that. I have had a sex change. I only asked her. You‘re still a man. they can raise only an artificial family so everything is artificial. don‘t ask me to stamp my approval in that alteration. That is already an object. So. I was not interested in the answer. I said. I said. Noh! Eh supposing it was a woman who induced a man to rape a woman. They said that incubation period of the virus of aids… Side B …I have not studied the subject matter. Well. Why is it that the Supreme Court is allowing a nonlawyer to teach judges of existing laws and existing rules. If it is part of the body of the offender. what are you? She said. There opinion is that a finger is to be interpreted as an object. I am a woman. the JD. But you know that rape maybe committed by any person. thru force. chi-nange yun sex nya eh someone who had a sex change. Rannie if we cut the finger of the man or anybody else and then use it. and by means of fraudulent machination or abuse of authority. Question: What if the woman raped and the baby gets aids as well. Because it is a continuous eh. pinayagan sa birth certificate. Are you sure? Well. a single act. It is not even a complex crime eh. We are already in rape. Ah you are a man. I have had no experience regarding that matter. Rannie. They are all termed as rape although it is actually sexual assault. it is only a single act. Mabuti kung practitioner. when a man had carnal knowledge of a woman under the following circumstances here. object. Ha? Nevermind. They are so strict in the implementation of the rules of procedure and rules on evidence in connection with crimes of rape. the prosecution is arguing.when she reached the age of more than 18. then that would be considered that the woman is unconscious. The man was acquitted. That is fraudulent machination. this daughter while she was still young was already the subject of sexual assault from the father. You know by that simple statement of the daughter. So somebody might run after me. as the SC has enunciated in several cases that moral ascendancy substitutes for intimidation but then according to the argument of the accused. he went to the house of his brother and slept with the wife of his brother. I do not know whether it is current. Sir that is considered when rape was still a crime against chastity? O yes. Dy. ikaw naman oh. Now. Question: Judge. Sir if that case happens now? I don‘t think so but then if she says that say for example. Question: Since a crime was committed when she was still a minor. And it was actually after the passage of 8353. The pardon stopped only after your father raped you again. she has already considered the same as an experience and she didn‘t say that she neither consented nor did she refuse or did she protest etc…that would be a thing to work on in connection with the acquittal of the accused because the idea now is actually to cause acquittals. this is what has happened in another case. then there is no rape. you are Pinocchio. we are expanding the same too much but that is the ruling of the SC. yung otherwise unconscious it would even include while the woman is asleep pa. Statement: Judge you said it was people v. she was again raped by her father…so she filed two cases of rape against the father…naturally trial ensued etc. Yes! Only that is the end. Coz you know why? It is the fact. Of course. she didn‘t file a complain…she told her father that if you rape me again. And she was 16. One question there that was very interesting in the transcript that was quoted by the SC is ―when you reach the age of 18. But sometimes there was even a case of which I was surprised that the court considered. because I have not yet arranged all this eh. who has the hardest tongue in the Philippines. We tried to verify it. you are asking for so many things. Now. After having 44 MajArvin been raped. the statement of a daughter to be a statement that would actually excuse the father from criminal liability in a case of rape. when there is a relationship between the offender and the offended party which is so close like an ascendant and a descendant. it is in the book that I am preparing. As her lover. But here the woman admitted that her father is her lover. even if there is a relationship that is illicit. I am going to file a case against you…. I cannot only find it right now. That‘s a case and it‘s in my book. if the offended party consented and she is already of age to give her consent. It was not a sweetheart defense ha. considering that when the pardon given when she was still a minor at that time continued with the effectivity of the pardon up to the time when she was past 18 yrs old and that was valid according to the SC. that was when the woman said. she did not consent. Anyway. that is correct. no way we cannot find the accused guilty and naturally. the SC acquitted the father. there was a decision of SC. chicken feet. In other words. A case again of father and daughter. And then you have of course fraudulent machinations and these are simple. etc and 18. illegitimate and incestuous. Do you think that the SC would be able to decide that in 3years? No. he has to be acquitted. That is all that you have to establish and then there will be rape. a twin identical. then the same continued. There was a case here which we digested wherein it was stated that the use of a finger is an act of lasciviousness. So. When she reached the age of 17. (giggles from the class) Eh. one is married. actually raped. When there is a relationship between the offender and the offended party and that the offended party is a minor. You know the SC acquitted the father for the rape when she was 16 years old. There are instances when the woman when she lives in the brgy far from a hospital and she was not assisted by a physician when she gave birth etc…and that of course because of their work in the fields they are too tired etc and they would not know even who was the person who had sex with her the night before. Ok. When she testified in court. Because somebody might run after me if I say. very difficult eh with all the transcripts and everything you are going to look at it now it will be very difficult. hahahaha. And if ever the accused will be sentenced. The girl was raped. that if it is an automatic review it takes so long and there are how many cases of rape which were punished by death under automatic review before the SC…more than 800 cases. her testimony is to the effect that she learned to love her father as a lover. the moral ascendancy takes place over intimidation. when his brother left for hongkong maybe or for a nearby country. Well you know the Sc sometimes do not want penalties which would usually be death in cases of rape. Eh supposing. SC said. You don‘t have to prove intimidation. a common-law father to common-law daughter.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel or instrument as referred to under the law. kinakain sa Chinese restaurant yun eh. the other one is not…the other one is you know a son of a something. couldn‘t the father be liable of rape? Alright. So. And for the example of Roco when he was a senator when they were discussing this is about the practice of some psychiatrist and psychologist in the united states . was the pardon given by you to your father still effective?‖ She said ―yes‖. you want to me to explain further. according to the SC there. it only is only up to reclusion perpetua. All that you have to prove is moral ascendancy and that there was no consent. even if there is no actual intimidation. can you use also that argument to cover other parts of the body? Eh. hindi ano? Very. They will find ways and means not to impose the death penalty when it comes to rape. but convicted the father for the rape when she was already past 18 yrs old. nevermind. And still she continued. But there are other cases of which the SC didn‘t believe the woman when of course the woman admitted that the woman already had a suspicion that the person on top of her is not her husband. a stepfather to a stepdaughter etc then that moral ascendancy substitutes for intimidation. Davides of Quezon. convict. Like for example.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel telling their patients that if the patient will have sex with tem. still death penalty shall be imposed if there is abuse of public position or if the crime is committed by a syndicate or an organized crime group. But when 8353 came along they added two conditions. mayors. the SC said the fact that there is a late registration and the fact that even the mother could not be presented to testify as to age of the girl. that the offender knew that the woman is a religious and that the woman is actually engaged in her occupation as a religious at the time when the rape occurred…so there are additional…the same is true to those that are afflicted with aids and other venereal diseases and even in other cases.and you know when there is an abuse of public position or when the crime is committed by an organized crime group or a syndicate composed of two. then you have to. they are all special aggravating circumstances. throw themselves at the mercy of the court. you know all that…you know that? Then there is no problem with that. About those in the custody of the military. etc…and this gullible patient usually accedes to the opportunist of this physicians thus sexual intercourse occurs and that is considered rape. the ailments of those patients will be cured etc. That all aggravating circumstances whether a qualified qualifying or ordinary aggravating circumstances should be alleged in the information. O 12 yrs old. and the decision in another case maybe studied with minute scrutiny. then its only the testimony of the mother and later on there was a late registration. Even if they pleaded guilty. it is still considered as rape. that is the thing that actually happened in the case of echegaray. everybody was against him. Irrespective of whether there is a mitigating circumstance. This is the crime of rape. I will not mention the name…this politician recruits young girls from the brgys to be his scholars in diff schools in their province etc…but then well of course he is convincing them that they will still continue to be protected by me. there is a doubt as to her exact age and the doubt should be resolved in favor of the accused. maybe the decision would have been a diff one. even now they will not assign you in the drugs court unless your perception of drugs is that it is a heinous crime and that the person who may have been charged of violation thereof should be convicted. I don‘t think that we have to go over all the qualified rapes…unless you have some questions on qualified rapes. So the accuse was acquitted. Despite the face that she is almost 5‘3‖ 5‘4‖ at the time when the alleged intercourse took place. They cant understand sometimes that a person knows his law and his rules. these are . it couldn‘t modify the penalty that is to be imposed upon the accused. Those where the offenders are the member of the military. Because in the case of Jalosjos the SC despite the fact that the certificate of live birth of the girl was issued one yr after her birth allegedly by Fabella hospital they believed in the age of the girl that she is less than 12. In the old law under RA 7659 it is enough that the offended party is a religious. less than 12 yrs old. By means of fraudulent machination. So this people actually because of therir desire to improve their lives as they came from poor families submits themselves that is accdg to the discussion in the passage of RA 8353 is abuse of authority even if there is consent that is considered as rape. when the people who are trying to have him convicted are not so active. Is there a need for an offended party to have another witness to corroborate her testimony? No. If you acquitted at that time the perception is that you were bought. police or any law enforcement agency etc…there must be an abuse of public position in order that the penalty of death maybe imposed. and then in RA 1659 that is in syndicated estafa it was raised to 5. but then in another case where the SC has to decide on the age of the girl because there is no birth certificate. That they cant understand. That is in case of reasonable doubt convict ha…that is the practice now which to my mind is disservice to the judiciary. If not alleged in the info they cant be proven and even if they are proven they cant affect the penalty that is to be imposed upon the accused…so it can neither modify the circumstance. Now the Campuhan case and the Limb Syndrome. it is still the maximum of the penalty that should be imposed so there is no way that they can get out of the death penalty. Then in the labor code it was raised to three then in other laws etc it was raised to 4. And they said that she was 12. What were the changes there? The first change is about the rape of a religious. there was a time when it was more popular to convict than to acquit. And that if it is only blatant that the 45 MajArvin person cant be convicted that you have to acquit. is there a need for physical examination in order that an offended maybe able to establish that she was raped? NO. this were the cases of Jalosjos. you will continue to study in college if you are going to submit yourself to me.. if not bought you were threatened. I was reading it. So it depends upon time maybe. That is why even if the girls consent. Just like even in drugs cases. no problem with that. But a mere a [promise to marry is not a fraudulent machination…even if you are promised marriage by a person are you going to submit yourself to the one who promised you marriage? That does not follow eh…it stands against reason so it cant be considered as such.. Sanchez. Well in cases of rape what are the principles about rape…ah this the easiest crime to concoct and to charge but the hardest crime to prove. had the case of Echegaray been decided later because what was discovered during the trial of Echegaray is that he is not the step father but the actual father of Baby…but the allegation in the information is that he was the stepfather…echegaray would have been alive today…he would be serving only the penalty of reclusion perpetua. If she gave her consent and she is past 12. etc…because they actually use their authority and abuse it in order to commit rape. Remember. Now abuse of authority. Yes. Remember an organized crime group started under the RPC as only two persons collaborating and confederating. if Jalosjos would have been tried in times when they are not actually so popular. And in case of reasonable doubt. And it is at that time more popular to convict rather than to acquit. Alonte. But from the very beginning he had no chance eh. no problem but then the decision in thte Jalosjos case. there is no rape. voluntarily surrendered. previously there was no mention in the R. there is a total intention to deprive another of his or her liberty. That is correct…but in a new decision of the SC. 2003 By: Aze September 22 Crim Lecture Ok. The crime of rape and either the crime of robbery or theft. wala na yan.there will be a lookout.whether it is an afterthought whatever it is as a result of the rape.. it resulted to ugliness. it even enhances the appearance of the person. How about if the crime committed or the incident resulted to robbery with homicide and rape? What would happen to the crime of rape? Under the old jurisprudence. Pardon. because in coercion it is simply a crime where another prohibits the offended party from performing an act or compelling the offended party to perform an act against the will of the offended party. Not anymore that rape shall be considered as an aggravating circumstance. it may be a statutory rape. But if the purpose of the offender is to enslave the victim. Where the victim is less than 7.. particularly serious and less serious. even if the offender kidnaps the victim. When you say qualified rape. And deformity. is actually in favor of rape. In robbery with rape. When a woman cries rape. While in kidnapping. Presumption. About rape with homicide…any homicide that is committed after rape. that would be the basis for determining whether it is slight or serious physical injuries. Because they are considered only as an afterthought.wala na yan…marriage between the offender and the offended party and of course forgiveness by the wife on the offending husband. swallowed. not to deprive the woman of her liberty. So there was a question. what crime is committed? It is still robbery with rape. So. Well. and it left a cleft chin and it even enhanced his appearance. For example.A. robbery with homicide. Well. 7659 that it must be known to the offender and neither did it mention that the victim must be in the . a lot of women are already falling in love with him. where the victim is a religious and the offender knows that he is a religious and that he is in the actual performance of his vocation. where are we now? Art. after he was stabbed and the wound healed.. If the original purpose of the offenders are to rob. 266. is that he has a legal occupation at the time… If he failed to perform his work by reason of the injuries sustained. rape. It shall be a separate crime to be instituted by the prosecutor so there will be two crimes that would be filed in court. Yung administration of injurious substance. But supposing the original purpose of the offenders is to rape and later on as an afterthought.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel simple principles that were laid down by the SC and they are still effective until today. because it is not a deformity. Actually robbery with homicide and then rape. they robbed the victim or took the property of the victim. In cases of robbery with rape. it must be injected. the period of his hospitalization or the period in which he was attended to by the physician. would you consider that physical injury? One author said no.A. not superficial like throwing acid at the face of the victim. One author said it is not physical injuries. it is rape with homicide. it may be an ordinary rape.. so it becomes an abduction…the simple deprivation of liberty is 46 MajArvin kidnapping. that is not what it means. if he was hospitalized only for 10 days but then he was hospitalized for a period of 30 or more days then that would be serious physical injuries but then if he is not engage in any legal occupation. 266 Rape? Tapos na tayo sa Physical injuries? Well. Sept. and rape only became an afterthought. I will repeat noh that in Physical injuries. naturally there will be a deprivation of liberty. what is determinative there in the even that the person would claim that he was incapacitated to perform his usual occupation. I subscribed to that. there will be somebody who not participate in the actual taking of the property…those who have no knowledge of the commission of crime of rape cant be held criminally liable for robbery with rape…its only those persons who have personal knowledge and if they have personal knowledge they didn‘t prevent the commission of the rape then they are equally liable with the one who actually raped the victim. the one that causes disfigurement. Kidnapping and serious illegal detention…when you talk of kidnapping. Rape. To be distinguished from coercion. Kasi the purpose there is to enjoy his lewd design. it must be remembered that the original intention of the offender is to commit robbery and that rape was committed after the robbery or during the robbery. the rape can‘t be considered as an aggravating circumstance because its not included in article 14 of RPC. 22. ah two separate crimes are committed. 8353. you have to remember that sometimes there is a conspiracy among persons to commit the crime of robbery. they are listed under those 10 circumstances of which the rape may be committed by an offender. If the purpose of deprivation of the liberty of a woman is because the man has a lewd design it becomes an abduction with rape or an abduction it does not become kidnapping. it should be one that deforms his appearance that is why it is called deformity. stabbing the person at his chin. it may be sexual assault and marital rape. So. supposing it enhanced his figure? Previously women are not even looking at him but when he got that injury. then there is rape. The question now is regarding complex crimes in regard to rape…we have of course the crime of robbery with rape. maybe a qualified one. previously he does not have any cleft chin. Damages... or……END OF TAPE…. the period which he failed to perform his duty shall be included. art. buys the victim.. these are the rapes that are now punishable under the revised penal code amended by R. Alright. rape will be considered only as an aggravating circumstance. I said NO. and then he did not pay the prostitute. as the Supreme Court said that their vaginal openings are wide because they were not assisted by doctors when they gave birth and sometimes they would not even feel the entry of the male‘s organs in their vaginas even in their sleep. nor forced. That was fraudulent machination.. Well. there are women who by reason of tiredness. it was voluntary. it is not rape. I will not marry you‖ and then the woman acceded and then later on the man did not marry the woman. But I do not know if it reached the Supreme Court. Labides(?) in quezon province. they already have gone to the mountains or whatever to become a part of revolutionary forces. When the man pretended to possess property 47 MajArvin or money. And rape now may also be committed by means of fraudulent machination and abuse of public authority. one is married. and they were both killed. Sanchez. that would be considered as unconsciousness. they were saying that it was rape because there was fraudulent machination. And we have the ordinary rape. because a woman less than 12 years old. and there was sexual intercourse. and it came to the knowledge of the identical twin and he came to the house of his identical twin and of course he slept there and you know what happened next. And then if the victim is under the custody of the military. And only after the twin brother discovered that actually the man who was not there the night before was the husband and the man she slept with was the brother. then it is already rape. The only crime I see there is estafa by means of false pretenses. she can file a claim of damages against the man but not the criminal offense of rape. She was not intimidated. that the offender knowing that he has such disease and he rapes a woman. etc. police or other law enforcement agency and if the victim is raped by any of those I mentioned with abuse of their official position. And then we have those rapes that are committed against victims who are suffering from disabilities. but you know. is fraudulent machination. there is always that threat that they will not be able to continue their studies if they refused. his purpose is different from we believe what he is going to do. When you say an unconscious. The prostitute filed a case of rape. the transmission should not anymore be an element. they are not in the actual performance of their vocation when they are already with the rebels. The abuse of authority that I know was the case of People v. etc then it is also qualified rape. violence or intimidation. Rocco while the act was being discussed that the act of certain psychologist or psychiatrist who tell their clients that if they are going to have sex with them. because prior to the sexual intercourse. that is according to the example there in the minutes. But I doubt if there really is abuse of public authority there. well those suffering from aids or other stds. There is nothing much about rape. psychologists... That is her business. You may actually be surprised that fraudulent machination is included. The evidence was pointing to that there was the use of force but not abuse of authority. she knows that she should not give herself to a man who is just trying to have sex with her on that kind of pretext. there is abuse of public authority because the taking of the woman was with the help of the police authority.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel actual performance of his vocation. who by means of force. Now you have the statutory rape when the woman is less than 12. all their ailments and all their problems will be gone and these clients who are gullible and believing that such will really cure them and succeeded to these physicians. it is considered statutory rape-. Ok. Abuse of public authority is simple because this is the case of. what can we do. Jalosjos. there are one noted prof said that if a man went to a prostitution house and hire the services of the prostitute.. Labides is a congressman in quezon province and he would take in young girls who belong to poor families in some barangays in quezon province to send them to school. Those are the circumstances but I disagree because I said that the transmission of the virus to the woman is not essential. violence because the woman was abducted together with her boyfriend. there was no fraudulent machination because she was a prostitute. And according to the example of Sen. It is the fact that the person knows that he is afflicted wit those diseases and he rapes a woman.. it involves a woman who is asleep or actually unconscious. Is there a crime of rape? Will the case succeed? NO.. Yes. whether she gave her consent or not. Well. except of sexual assault which is describes as the insertion of the male organ in the oral orifice or anal orifice of another or the insertion of an object in the vagina of a woman or in the anal orifice of another is considered also as sexual assault. or while the woman is insane or unconscious. and transmitted the virus to the woman. according to the Supreme Court. It would be an abuse of authority. I would say that there was force. But it doesn‘t mean that if a man promises to marry a woman and then the man said that ―if you will not have sex with me. then he enjoyed himself with the woman. the fraudulent machination that were discussed in Congress is about twins. Then. And it is a valid consent on the part of the woman.People v. The only issue there is what object? Must it be a foreign object or must it be part of the body of a person? The opinion of retired Justice Aquino is to the effect that even a finger . threat. that is estafa. nor violence used against her. when in fact he does not have any money. Ok. less than 12 ha. well… People v. the rationale there is that a girl who is already 12 years old can give her consent to sexual intercourse. those that were committed by person. Probably it came to their knowledge that there were those religious who at some times are not wearing their usual customary uniforms or whatever you may call it.. identical twins. There are 10 qualified rapes. So. or they are not anymore in the stream of the society where they belong. there was consent. a businessman and when one went to another country who did not tell his wife about it. But they made it an element. He has some other purpose and that is to enjoy himself with sexual intercourse with these young ladies and although these young ladies are giving in to him. If well. not the finger. Now. The crime of rape. I still maintain that it must be a foreign object. And well. just like the marriage of the offended party with the offender. because the rape has never been included in art. it was mentioned there that it was only act of lasciviousness. Pampanga. what is peculiar there is the relationship between the parties. in relation to rape.. It used to be that the Supreme Court treated the other crime of rape as an aggravating circumstance. Same is true with robbery with homicide and rape. it is not anymore correct. So. If the relationship is an ascendant- . Ok. wala na yan. the insertion of a bottle and of course pieces of woods and other things. it is considered an instrument or object. the intention of the man is only to satisfy his lewd design. it is poetic justice that the man was acquitted actually because his name will be spread all over the volume of the scra that he cannot do it anymore and in his won town. But in attempted rape. In crimes of rape. there must be atleast the slightest penetration of the male organ. Do you have any question about rape or sexual assault? Crimes against persons na ito ha… Ms. That is his opinion. just cut the finger of the person and insert it. I was joking only but it could be true. But later on. for each and every act of rape. My own opinion is that it is not sexual assault. then that would be robbery with rape. Those are the distinctions. since the insertion of the finger into a vagina is not considered rape. that happened in the Angeles city. but then he killed the victim later.. Although the male‘s organ keeps on touching the labia of the woman.. and there is another rape committed. an erect male organ which is capable of penetration. the original intention of the offender is to rob. Si Pedro. must be alleged in the information. that is still rape with homicide. he was sentenced. I was saying then that supposing what was inserted was the nose. I said jokingly. So. that the grandson or son of the governor of Isabela. Dy.. Alright. Rape and robbery or rape and theft. then how about oral sex? Judge: Actually that is a problem. whether it is aggravating or it is ordinary. If the original intention of the offender is rape and then as an after thought he decided to rob the woman or he decided to steal then two cases must be filed. robbery with homicide and then rape. One particular crime which was classified as a heinous crime because it resulted to the death of a young girl who was about 13 years old. I don‘t know of any problem you will have in the crime of rape except probably in rape with homicide. While in act of lasciviousness. I said it must be a foreign object. It is a sexual perversion. that was written in one of his papers that were distributed to us while we were attending a seminar at the Philippine Judicial Academy. Will the other rape be considered as an aggravating circumstance? NO. we go to… well. robbery with rape. He was not even convicted of the crime of acts of lasciviousness because the intention of the man was to have carnal knowledge with the woman. Aguila: Judge. you will know the stages of the crime of rape. the offended party and the offender. According to the Supreme Court. no matter what he did. that is when the accused has the intention of having carnal knowledge with the woman. they changed their mind. is not specifically defined in art 266. It is already a foreign object because it does not anymore belong to the body of the person. Even in other crimes already and not only in the crime of rape. The crime of rape should have to be a separate crime. a finger of a person may be considered a foreign object. 14 as an aggravating circumstance. Look. halika sama ka sa amin… Alright. marital rape. If they ask you to distinguish the crime of attempted rape and acts of lasciviousness. Because if it is not part of the body of the human being. Is rape an aggravating circumstance? Supposing there is robbery with rape. And if there was a rape that was committed later. could not achieve an erection. the Supreme Court acquitted the man. the rape there will have to be a separate crime. I do not know if he is in Muntinlupa. and there was an insertion of a vibrator by the foreigner on the vagina of the girl which resulted to the death of the young girl even if she was treated in the hospital. in case where the man is suffering from erectile dysfunction and the woman testified that the man.. the intention of the man was to satisfy his lewd design. would that be a sexual assault? So. Well. Even if the rape is only an after thought. It‘s only the fact of pardon by the offended woman or the mere forgiveness will be considered as an instance of extinguishing the crime itself at any stage. So there are different elements in the crime of attempted rape and act of lasciviousness. that is rape with homicide.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel of a person can be considered as an object. And if you read the cases. It must not be a part of the body of a human being. you will know that it is not only the touching of the man‘s organ of the labia majora of the woman that consummates the rape.. that it is only attempted and consummated. there is one crime of rape. As a matter of fact. if not perversion it is actually an act of lasciviousness if it is without the consent of the woman. But then. in the case decided by the Supreme Court in People v. in the crime of act of lasciviousness. The latest decision that we have is the case of People v. The Supreme Court must have to decide one way or the other. 48 MajArvin Well. the women will always invite him because he will be a safe company to them. in order to constitute qualified rape and the accused be convicted and the be sentenced to death. all the aggravating circumstances. I would say that it is only an act of lasciviousness. I myself objected because the idea of the word ―instrument‖ and the purpose of the Congress in stating that there must be an instrument inserted is premised upon the findings of Congress then that there were incidents involving sexual perversions such as the insertion of a barrel of a gun. Dy. Have I not discussed to you those in complex crimes? If the intention of the man is to rape a victim. But it is different from robbery with rape because in robbery with rape. you go to coercion if the purpose is not clear. You may not have employed violence. Alright. In cases of children.. Because in the coercion. one question was asked of me… Supposing the person or persons that took another and deprive that person of his liberty. may be because kidnapping has become an industry in the provinces and even here in metro manila. But the wordings of the law would leave you confused. These people will not go voluntarily go with you unless you tell him that you will kill him so that is already serious. the woman went to the police station and the man was arrested. except when the offender are their parents. He may be a public officer but if he is not acting in his official capacity. the new law is different. and it is only mitigating if the offender is the parents. There is therefore a simulation of the public authority and it is serious kidnapping and serious illegal detention. the wording of the law is better in the old law than in the new law. If you read the law. But it is also correct to say that if the deprivation of liberty or the detention lasted for more than 3 days. In kidnapping. mukhang hindi tama ano? well siguro naghahabulan pa yun. The word ―private individual‖ there is actually a description only of person who is acting as a private individual. either by force. because only the military are authorized to wear such uniform. kidnapping may be serious. a minor or a public officer. but if the person is already in the room. And she was seen together with the offender by a woman who was a resident of the place where they bought reside. qualified. if the facts and circumstances of the case would not reveal the real purpose of the offender. Kidnapping and serious illegal detention should be distinguished from each other. Well. the minor was already crying and asking that she be brought home because it is already dark. a female or a public officer. Well. or a public officer but then there is no word there. female. That if the person detained is a minor.. it is either compelling the person to perform and act against his will or preventing a person from performing an act against his will. hindi yata. the only important thing to remember there is locking up. has voluntary gone into the room and you lock her up and deprive her of liberty then that is illegal detention. it has become actually the order of the day. . just like the case that took place in Maco. the exact relationship must be alleged together with the age of the victim. they shorten it to 3 days. I think the proper word is the detention lasted for more than or the deprivation of liberty lasted for more than 3 days. you follow the wording of the law. A policeman.. they just have to abduct the children.. So. eh usually there are threats made. if the purpose of kidnapping is to extort ransom. Well. it is not being reported. The man was charged with qualified kidnapping bec the victim was a minor. etc.. If the purpose is not clear that the person intended to deprive the person of liberty then that is coercion. a military man. there must be an actual taking of the victim.. Now. carry the children to a waiting car and go. months but only in years that is enough. it will only be considered as ordinary rape which will have the penalty of reclusion perpetua. So. violence or intimidation. Davao del Norte that a man invited a girl to go with him and when they are already in Maco. if the victim is killed. that would be a serious kidnapping. The guy suffered for more than 5 years. You don‘t have to point a gun at her for her to enter the room. they do not have to threaten the children. 3 araw. if the victim dies on occasion or by reason of the kidnapping and if the offended party is subject to torture.. The difference between kidnapping and coercion is very much clear. It becomes only a serious kidnapping or serious illegal detention in the event that the deprivation of liberty lasted for more than 3 days. he should be considered as a private individual. we will have a break of 5 minutes… Kidnapping with serious illegal detention. So yung exceptions kasama female and public officer. Remember. eh may kidnapping bang nagla-last for 3 days? Literally speaking ha? If the kidnapping lasts for more than 3 days. When the law says when the kidnapping or the illegal detention. always go to coercion. intimidation etc. I don‘t know. if the person detained is a minor. it is mitigating. I think that is not fair. And the taking is against the will of the victim. Alright.. she may have voluntarily went inside but once inside. they should not be considered as public official if they are not in actual performance of their duties and for purposes of kidnapping. etc and other dehumanizing acts then it is considered as qualified kidnapping. there is always kidnapping. but you may have employed fraud. only finding that the accused is guilty of grave coercion and sentencing the accused of 6 months of imprisonment. at the time of the taking these people are wearing camouflage uniforms. In serious illegal detention. It was after 6 years that the SC handed down its decision. It used to be under the old Code that it is 5 days. or ordinary kidnapping or we call it ordinary and slight illegal detention. is that simulation of public 49 MajArvin authority? Yes. And then if the person detained or kidnapped is a female. you will commit a mistake probably. Not exactly the exact age like years.. the penalty of death shall be imposed upon a person who shall kidnapped or seriously detained a person. Your purpose is to deprive him/her of his liberty then that is what it means. it being the wording of the law.. The word any private individual who shall kidnap another for the purpose of depriving the person of his or her liberty shall be punished with reclusion perpetua to death. hindi isinama dun sa minor eh. they shall be deemed as private individuals. Everyday now.I don‘t know the reason up to now. then you lock her up then that is illegal detention. it was serious ha and qualified at that bec the victim was a minor. if serious physical injuries are inflicted upon the persons kidnapped or detained or if threats to kill him shall have been made. Failure to allege you cannot obtain the death penalty.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel descendant or actually the relationship that was mentioned is step-father to stepdaughter and others. Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Alright, how about if the person voluntary releases the person from detention before 3 days of confinement, then that is slight illegal detention. If they have not attained the purpose for which they intended and afford the institution of the criminal proceedings, this is slight illegal detention. Now, article 269 is about unlawful arrest and I have told you a long time ago that you have to go to the case of Go v. CA so that you will be able to understand clearly what is unlawful arrest. Although, Go was not arrested there, the SC described what is unlawful arrest when no legal ground to arrest a person without a warrant. Actually, unlawful arrest even include detention, without arresting the accused, that is the case of Go v. CA, it would constitute illegal arrest. You detained a person without any legal ground. When will it become arbitrary detention? It will become arbitrary detention when there is arbitrary arrest and the detention is unlawful and that the hours are actually violated. Alright, kidnapping of minors. Actually, it is not a kidnapping. Because there was a voluntary delivery of minors to another person who is supposed to be in charge of the custody of minors but when there is a demand for the return of the minor, the one in custody refuses. I think the penalty here is excessive and cruel, bec it is simply the refusal to deliver the minor. This could have been a subject of the legislation because to me prision correcional in its Maximum period to prision mayor in its medium period, that should be the penalty. But should not be reclusion perpetua. Because the person has legal custody, the only problem is that he refuses to deliver the minor when there is demand to return the minor. That is not a serious crime to me because you can go to court and apply for habeas corpus, the courts are open even Saturday and can issue writ of habeas corpus. Well, there are courts that are open during Saturdays.. Alright, inducing the minor to abandon his home. The purpose of the offender here is to disturb the tranquility of the home of the minor. If you induced a minor in order for him to enjoy the lights of manila, that is not inducing a minor to abandon his home.. It must be the permanent abandonment of the minor of his home, to disturb the tranquility or disturb the harmony in one‘s home and that is one punishable by law. But if you only induce the minor to bring him to watch a movie or to starcity, hindi yun… Ok, you want to have a good defense in kidnapping? Invoke slavery, art 272. You will not acquit the accused but look at the provision of the RPC, arresto mayor and a fine not exceeding 10,000 to anyone who shall sell, kidnap, or detain a human being for the purpose of enslaving him. Sabihin mo land, I kidnapped him para magkaroon ako ng aliping saguiguilid.. Ano pa yung isang alipin? Namamahay… o ayun, depensa yan… O sinong makakaalam? Pinagtratrabaho mo sa bahay, tell him ―alipin kita ha‖… that is a very good defense. O pag mangingidnap kayo, yan lang ―alipin kita ha!‖ hehehe 50 MajArvin But actually, it could be a defense ha.. I just do not know if the court will believe you.. but if you have no other defense, you can make use of that. The other is exploitation of child labor, this is already in R.A. 7610, but this is still effective, because anyone who under the pretext of reimbursing himself with the debt incurred by an ascendant of the person entrusted with the custody of the minor shall retain him in his service, that is a crime. And one thing more, if that is a minor ha.. If he is not a minor, that is art 274 because you are compelling the person to pay the debt by making him a domestic servant or a farm laborer. Para makaiwas ka, may madaling paraan dun.. Wag mong gawin domestic servant, gawin mong gardener!.. Sa farm laborer, gawin mong construction laborer.. Well, we have abandonment of helpless persons and exploitation of minors.. pagdating sa minors, 7610 talaga. Although the provisions of the RPC may still be the subject of an information filed. All minor victims fall under R.A. 7610 whether it is physical abuse, psychological abuse, etc, etc. That is why I told you that prostitutes are exempted from criminal liability. I was watching a television program and there was a raid against a bar and they were charging the minors for working without permit etc.. I said no, charge the bar owner! Because the minors are exempted from criminal liability. Art. 275, if you were the one who accidentally injured another and you failed to give him assistance then you are liable. But for example, nakaaksidente ka sa tondo, nabundol mo ang bata, ano are you going to give an assistance? Bababa ka? Eh makikita mo eh ang daming anaconda sa katawan. You may not give any assistance and that is a legal excuse. It is only if you can give assistance without detriment to yourself or without putting your life in danger. Abandoning a minor, eh nakita ka ng child who is less than 7 years of age, eh abandoned or you have in your custody a child less than 7 years old, but you abandon the child and the abandonment of the child resulted to the death of the child then you are liable for abandonment of the child and the penalty is prision mayor, unless it will be proved that you abandoned the child with evident premeditation with intent really to kill the child, if it does not result to the death of the child, prision correcional lang. Well, art 277, the parents of the child have a duty to take care of their children as it is provided in art 277 that anyone who is in charge of the rearing or education of the minor and then he delivers child to any institution without the consent of the one who entrusted the child to him, or in the absence of the latter, the consent of the proper authority shall be guilty of abandonment of the minor. The same penalty shall be imposed to the parents who shall neglect their children, by not giving them education which their station in life requires and their financial condition permits. Well, who is a Filipino who does not dream of giving their child get an education.. Well, I remember the story of Jose Pidal, the one who ride a bike going to Albay, I think… He did not send his only child to school but he does not have Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel any occupation in manila but you cannot charge him because his financial capability does not permit him. But, who among us, who would not do almost anything just to send their children to school. That is why sometimes you people, whenever you go home, and you tell your parents you have good grades then they are also happy. And they are as sad as you are also when you tell them that you have a problem with your studies. That is how the parents feel. I am also a parent that‘s why I know. That is why there is actually a provision in the RPC that encourages parents to send their children to school. Well, most of you are over 22 years old and your parents do not have anymore obligation to send you to school and yet your parents are sending you to school. That is how Filipinos think… That is why we are very fortunate we have this culture and we have that kind of attitude with our children. Unlike in America, if the children want to study further, they have to work. We are lucky indeed to have a culture that encourages children to study.. so our culture is still the best in the world. So, I see you on Wednesday so we can finish until art…. Sept. 24, 2003 By: Mane …who is under 16 years of age to perform any dangerous feat of balancing of exhibition of physical strength - that is exhibition of physical strength, not only of physical strength and contortion or any person who being an acrobat, gymnast, rope walker, diver, wild animal tamer, or engage in similar calling shall employ in exhibitions of this kind children under 16 years of age who are not his children or descendants. Question: supposing that a person has a child. The person is engaged in this kind of occupation. He asked his child to swallow swords, broken bottles and everything. Is that in violation? No! According to the law it is not if he is your child, but if he is not your child then that is when you are liable. The law is quite weird sometimes, but then under RA 7610 that is considered as child abuse. So it can be prosecuted under RA 7610 and not under the provisions of Article 278. If he will also employ any descendant of his who is under 12 years of age, then that is in violation of this article. Take note that any ascendant, guardian or teacher or any person entrusted in any capacity with the care and custody of children under 16 years of age and who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph 2 hereof or to any habitual vagrant or a beggar, although we may charge him under child abuse law, can also be under kidnapping of a minor. This is because the person is in charge of the custody and he delivers such person to anyone not authorized by law to accept such child. It may even constitute a graver offense of kidnapping a minor in the event that such minor is taken from 51 MajArvin another and there is violence, force or intimidation. In the event that these laws are violated then the parents maybe deprived of their parental authority over their children. In regard to abandonment of one‘s home or inducing a minor to abandon one‘s home the purpose there, as I stated previously, is to cause some trouble or to destroy the tranquility of one‘s home. If a child is induced to abandon his home or his‘ parents or curators to follow any person engaged in this kind of calling it will fall under article 278. That is the distinction between the two. We now go to qualified trespass to dwelling. It is qualified only if there is force, violence, or intimidation employed by the offender and when the offender enters the dwelling of another against the will of the legal occupant of the dwelling. It shall be an ordinary trespass to dwelling if no force, violence or intimidation is employed upon the owner or legal occupant of the dwelling. If the purpose of the person who is trying to enter the dwelling of another is not clear, it is not clear whether he intended to rob, kill or whatever those who were inside, then the crime is always trespass to dwelling. It is qualified if there is force or violence employed. You will note that in qualified trespass to dwelling it does not only refer to violence or force that is being employed to a person. The law is clear that when the offense is committed by means of violence or intimidation, the violence may refer to violence upon things or force upon things. Some legal scholars, however, says that the violence being referred to there is violence upon persons because it is accompanied by the word ―intimidation‖. Others, however, says that it is even violence or equivalent to force upon things. My interpretation of this is that this being qualified trespass to dwelling, I would go with the last opinion that it should be upon persons. When you enter the dwelling of another it is inherent that you use picklocks or you destroy a wall or you enter the dwelling of another when the door is open. So it is usually absorbed. What is not absorbed is the violence or force or intimidation upon persons. And this is not applicable to a person who enters the dwelling of another to prevent any serious harm to himself. The word ―serious‖ must always be there. If you answer a question ―to prevent any harm to himself‖ - that is not correct! The correct statement would be to prevent any SERIOUS harm to himself or to the occupants of the house or the dwelling or a third person. Neither shall it be applicable to any person who shall enter the dwelling of another for the purpose of rendering some service to humanity or justice nor anyone who shall enter taverns and other public houses when they are open. One question that is usually being asked by some professors in criminal law relates to a problem which runs this way: a person was caught destroying the wall of a house. He was about to enter when he was apprehended by the police. It is the testimony of a neighbor that before that man broke the wall where he intends to enter he was heard saying that ―I am going to rob the house‖. What crime did the offender commit? Is it attempted trespass or attempted robbery? According to Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel the neighbor he overheard the man saying ―I intend to rob the house‖. My answer would still be trespass to dwelling. Why? Well, granting for the sake of argument that he intended to rob the house, that is only in the mind of the person. He may even desist during or prior to the entry to the house to rob the house. He may have entered the house for purposes maybe of killing somebody or just maybe disturbing the tranquility of the home of a person. I am for attempted trespass to dwelling in the same manner as when it cannot be determined what is the intention of the person when he enters the dwelling of another. If you cannot determine his intention in entering the dwelling of another, then the crime committed is only trespass to dwelling as there is no clear showing of the definite intention of the offender. Grave threats! Just remember this… any person who shall threaten another with harm or infliction of any injury upon the person or upon the property of another or that of his family of any wrong amounting to a crime should suffer a penalty of ???. This is if the threat is subject to a condition and that condition is made subject to a demand for money or there is a demand for money or it is subject to a condition and the demand for money or the condition was accomplished or was obtained by the offender. The penalty would be one degree lower from the penalty of the crime which the accused threatened to commit. For example: If you don‘t give me money I am going to kill you. Is that a threat or is that robbery? In robbery, usually the robber will say ―give me money otherwise I will kill you‖. In threat, ―I will kill you if you do not give me money‖. In ordinary robbery they will say ―give me money otherwise I will kill you‖. In threat, ―I will kill you if you do not give me money‖. So the threat is ahead of the demand. Example: ―I will kill you and so that I will not kill you give me money‖. That is when it is considered as a threat or when it is subject to a condition. I am going to burn your house if you do not give me money. There is therefore a threat of arson. The condition is that if you will give me money I will not burn your house. If I was able to obtain money from you it is a case of grave threat and the penalty would be one degree lower from the penalty for the crime he intended to commit because it was accomplished. If the condition is not accomplished, then the penalty two degrees lower will be imposed. In case of homicide, the penalty being reclusion temporal if the threat is to kill and is subject to a condition or there is a demand for money. The penalty will be lowered by one degree only and so it is prision mayor. If the condition is not realized then the penalty shall be lowered by two degrees. If there is no condition it is simple arresto mayor. Say, for example, you went to the house of another person. You have been actually thinking of the things that the person has done to you and so you decided to kill him. In a very cool manner you said ―padre, I am going to kill you‖ - that will be considered as grave threat even if there is no demand for money and there is no condition attached to the threat so the penalty will be only arresto mayor. That is the mistake of some prosecutors. 52 MajArvin They always say that if it is a case of grave threat, then the penalty lower by two degrees shall be imposed or lower by one degree. NO! If the threat is without condition at all or without any demand for money, the penalty is only arresto mayor. If it is done in the heat of anger it is only light threats. Just like drawing a weapon during a quarrel. The other threat that is actually a much graver one than other light threats is the threat to commit a wrong not amounting to or constituting a crime made in any manner expressed in the 1 st paragraph of Art. 282. What could be a threat which is wrong but does not amount to a crime? Let‘s go to recent events: What did Kris Aquino told Joey… hahaha! What Kris Aquino said is that ―I am going to destroy your political career‖. Is destroying one‘s political career a wrong? Yes, but it does not amount to crime. So it belongs to light threats only. Pimentel: ―I am not going to allow you to graduate‖. Hehehe! That is light threats because that does not amount to a crime. It is wrong but it is not a crime. Art 282 and 283 are the only threats wherein the court may order the person who threatened another to post a bond for good behavior and failure to do so may be a ground to sentence the offender to destierro. But the person must first violate the condition of the bond. The condition in the bond is that he should not molest… If you threaten another with a gun that is grave threats but the penalty is only arresto mayor. But if ever you draw a weapon do not point your weapon to a person. Just draw a weapon because once you point it to a person that is already grave threats but the penalty is arresto mayor only. There was, however, a decision of the SC which said that if you draw a weapon to threaten another it is only other light threats. Actually, there is really conflicting versions with respect to grave threats with respect to the 3rd paragraph or the 3rd kind of grave threats and other light threats. In other light threats, if you are going to look at the article it says that any person who without being included in the provisions of the next preceding article… So it is not light threats under Art. 283 and it is not a grave threats under Art 282. My interpretation of this other light threats is that if say for example you draw a weapon and you point it to another in the heat of anger then it is a simple other light threats. It is best that you interpret it in favor of the accused. I have already distinguished grave coercion with kidnapping. In grave coercion, the person who committed such act is without authority from the law. And by means of violence or intimidation (actually it must be against violence only) prevent another from doing something not prohibited by law or to compel him to do something against his will whether it be right or wrong. In other words, you can actually prohibit somebody from doing something even without authority from the law if he is committing a crime or if he is committing an immoral act, but you cannot compel a person to perform an act whether it be right or wrong. It is only, however, in connection with the physical activity of which a person may perform. Say for example: can you compel a person to pay a tax? Yes! Can you compel a person to report for work? Yes, if he is not sick, ruled that the crime of rape shall be separately prosecuted from the crime of robbery with homicide. The problem with respect to robbery with homicide and a rape is committed likewise has been already settled down by the SC. 286. In both crimes. A wife who seizes the correspondents of her husband is not committing a crime. there is no crime. If he is not and you prevent him from going to mass that is not coercion because that person must have a religious belief in regard to the activity that he is going to perform. Did you ask him to perform a religious act? No! Did you prevent him from performing a religious act? No din! So it will fall under paragraph 1 of Art. If the purpose of the offender is to rape the victim and as an afterthought he committed robbery or theft. the rape was committed regardless if even the same is a mere afterthought. It will amount to the 1st paragraph of Art. but it is not a crime under the RPC. And those are all the elements that are supposed to be in Art. is the sale consummated the moment the property is delivered and the payment. If the coercion is committed for the purpose of compelling another to perform any religious act or prevent him from doing so the penalty next higher in degree shall be imposed. in these complex crimes. but if she intends to use the correspondents that she seized from her husband as 53 MajArvin evidence in court the SC held that she cannot do so because that is the property of the husband. The SC. In cases of robbery with rape or with intentional mutilation or arson. If there is no compulsion and they agreed. So he seized the property of the debtor for purposes of applying it to the debt. There will be only robbery with rape if the robbery has been committed and thereafter. That belongs to paragraph 1. The same is true with mutilation or arson. It is different when rape is the purpose of the offender. If you prevent that person from going to mass that is also grave coercion if he is a catholic. it is considered light coercion. He cannot wait for the debtor to pay him. We will just collect from you 1 peso per day. And it stands to reason that such . They are separate crimes. Let‘s take the case of Mahusay. In Art. 286.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel suffering from any ailment. Even though you compel a seventh day adventist member to eat pork that does not belong to paragraph 2. If it is true that he is the messenger and confidante of Mr. That agreement is valid! It is only applicable when you compel them against their will. The law says that the penalty of reclusion perpetua to death shall be imposed upon any person who by reason or on occasion commits any of the acts of robbery and on occasion or by reason of robbery the crime of homicide shall have been committed or when the robbery shall have been accompanied by rape or intentional mutilation or arson. But supposing these people agree that they receive token and small pieces of paper and they will use that to buy merchandise from the store. 294. So the parents. Example: you compel a person to go to mass when he is not a catholic. it is always robbery with homicide. Arroyo and he suddenly went on a rampage and revealed things that are supposed to be confidential in nature. This concerns managers. violence or intimidation upon persons. I am definite about that. In other words. Neither is there force upon things. He is definitely liable. The difference between robbery and theft is that in theft. there is an illegal search and seizure. If the offender does not reveal the secrets then he will be punished by a lower penalty. what will you steal? The rule is. That is also grave coercion. or after the robbery. employees.? Installment! Installment! The item is yours etc. whenever there is homicide committed prior to. Revealing secrets with abuse of office. this is where the owner of establishments ask their employees to buy or purchase the merchandise from them in a compulsory manner or that they are being pushed to receive as their wages tokens. Aside from that. The crime of robbery under Art. simultaneously with. there is the taking of personal property of another with intent to gain without the consent of the owner. in cases of robbery with homicide at any stage prior or after it is always robbery with homicide. Note the word ―or when the robbery shall have been accompanied‖ meaning the mutilation or the rape or the arson must come after the robbery. 288. is given? Consummated na yon di ba? Can you seize the property to apply it to the value of the indebtedness? Hindi eh! There must be a court order to seek for the remedy of replevin in order that you may be given the property. whether it is not enough. One is by means of violence or intimidation upon persons or force upon things. That is light coercion. If you do it on your own.that is rape and robbery or theft. And if you are not able to pay the amount for some time and they seize your property is that light coercion? In your sales. Light coercions! Example: masyadong mainit tong creditor. there are 2 crimes that are committed. servants who in their capacity shall learn the secrets of their master and reveal the same. could he be held liable for revealing the secrets of his employer? Yes because he is an employee and he learned the secrets of his master in the performance of his functions. It may appear as unfair labor practice. there is no force. How about the practice of some money lenders or these people who are always going around etc. 294 speaks even of special complex crimes in paragraph 1. There are 2 acts that may constitute the act of robbery. the custodians or even the spouse with respect to another who seizes the correspondents of another in order to discover the secrets of another is liable for covering secrets through seizure of correspondents. and especially if he is employed in that particular place. One robbery and a separate crime of rape or theft . It is actually just common sense because if you rape a woman after you have burned the house. 291. in deciding such a case. If it is by force or violence or intimidation upon persons it is covered under Art. All other unjust vexations or other coercions are considered light coercions. other similar coercions. That is only simple robbery. When the arms used by the band in the commission of a crime are unlicensed firearms the penalty that shall be imposed upon the members of the band shall be in the maximum period without prejudice to the criminal liability of the offenders for the crime of illegal possession of . not to his property and not to any member of his family. the higher the penalty. In brigandage. the penalty is only prision correcional in its maximum period to prision mayor in its medium period. This is really something for us to look into and it appears to me that indeed robbery is more traumatic than the crime of theft. As you know. the same is directed to the person of the victim. In robbery.000. That is an indiscriminate robbery in the highway. I was wondering why they did not still increase the penalty. In point of liability. violence or intimidation upon persons and robbery with force upon things. the maximum of which shall not exceed 20 years. As in PD 532. Is the threat of stabbing the victim an aggravating circumstance? NO! So if the accused pleads guilty he may still be placed on probation if there are no aggravating circumstance. They usually take part in the crimes of robbery. wherein the law says that the penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon any person who commits robbery in other cases. irrespective of the amount involved in the robbery. In robbery in the highway which is still existing in PD 532. The same facts. paragraph 5. what is the difference between highway robbery and robbery and brigandage? The robbery that is covered by Art. The victim is always identified by the offenders. Now. Now. Look at the provision of Art. they saw the vagrant. In robbery. they will commit robbery or kidnapping of persons for purposes of extorting ransom from them indiscriminately in the highway. If you steal something from the ship even its cargo and you are a passenger that is not piracy or mutiny but only simple robbery. You only threaten him that if you don‘t give me that bag I will stab you. not to his honor. 294. the law on piracy included therein has already been repealed. Fearing they will be remembered by the vagrant in case they are caught. And the two entered the building and immediately stabbed the maid. etc. because their agreement is to rob a house which is not inhabited. the boy. The more serious the physical injuries is. The other kinds of robbery are in connection with robbery with physical injuries. Any person who passes in the highway they will rob. as in most uninhabited houses here in Metro Manila. Let us change the scenario. 263. The offenders decided to rob a house wherein the owners have already left for over a year and there is no assurance of their return in the future. in threats the intimidation may refer to a person or honor or property of another.000 the penalty already is prision mayor in its maximum period and for every P10. the gain of the culprit is immediate. Extortion is also considered as robbery but they are different in that in robbery the intimidation is actual and immediate. Actually. But they know that the house is inhabited. the threats may not be immediately present. it is different. Not necessarily passengers but any person. the vagrants usually are using them as 54 MajArvin their shelter. they killed the vagrant. In theft. What will be the liability of each and every participant to the commission of the crime? All of them shall be equally liable as principal. sometimes the same is conditional in nature and it may take place in the future. If you rob another passenger in a ship that is not piracy. This is because the penalty would be in the minimum of the penalty provided by the law. Example: You rob a person carrying 1 million pesos and you have a knife with you. is the liability of those who killed the victim meaning those who are inside and those who are outside who does not know of the killing liable for the same penalty? No! Only those who participated in the killing or if ever he is present and he did not prevent the killing shall suffer the penalty of robbery with homicide. Robbery with force. However. And the minimum is prision correccional in its maximum period despite the fact that the amount involved is 1 million pesos. The act of one is the act of all. In robbery. Irrespective of whether the persons are in buses or known or not known to them.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel should be the jurisprudence. an additional penalty of 1 year shall be imposed. if you steal more than P22. 294 is very very explicit. there has to be serious physical injuries and other kind of injuries under Art. Why? It was correctly stated by the SC that rape has never been an aggravating circumstance under Art. is there a crime to extort money? That is extortion. I cannot understand it. violence or intimidation. But then those who did not have knowledge. 14 or in any special law and therefore it can never absorbed in the crime of rape with homicide as an aggravating circumstance. And that irrespective of whether they have determined their victim or not or they have already determined the place or the person that will be their victim that is ordinary robbery but it will not necessarily be committed in the highway. Whereas in threats to extort money. Meaning the threat is present immediately. will only be guilty of the crime of robbery. whereas in robbery that is not the case. Meaning the victim in a robbery suffers more trauma than one who is a victim of simple theft and yet if the amount involved in simple theft is a big amount the accused may be sentenced with 20 years in imprisonment. In other words. Now.000 in excess of P22. Likewise.A. Actually. Art 296 is the definition of a band. While they are ransacking the house of valuables. it may be through an intermediary or through letters. This is amended already by R. In extortion. this is not known to the robbers. In extortion through threats. the amount involved is never a factor in the imposition of the penalty. the intimidation is personal to the offended party. So it is already considered an uninhabited house. 7659. You will note that in the crime of robbery with force. So one was assigned as a lookout and another to guard the gate. However. Let us say a group of 4 men decided to rob a house. In robbery. Must be 4 or more malefactors. if you only use threat or intimidation to commit the crime of robbery. in other words. the liability of the participants in the crime of robbery with homicide may depend upon circumstances of each case. the gain maybe later. they shall be punished by reclusion temporal if the value of the property taken exceeds P250. So these are the only things that may be the subject of robbery with force upon things. Let us suppose that there is robbery but there is no force. naturally. 29. most of their live cattles are placed in dependencies which are part of their living quarters. etc or in public building and what was taken was mail matter or large scatter. the offenders have suffered the penalty next higher in degree than those provided in said articles. that is. Let us see if it is correct. The commission of robbery with force upon things like when you enter the building in an entrance not devoted for such. you cite that if the robbery is with force. So if it is reclusion temporal. Hahaha! Any member of any band even if he did not participate in any overt act as long as his presence is established he will be equally liable with the other members of the band. If you were asked in the bar exams. committed in an inhabited house. actually robbery with violence or intimidation of persons. in cases of qualified theft. it is without false violence or intimidation upon persons. It is prohibited to have a one way door. even if. So there is such a thing as qualified robbery. the penalty would reach up to reclusion perpetua. even if the penalty is already reclusion temporal. If the band or any robbery is committed with homicide and it is with the use of and illegally possessed firearms the crime of illegal possession of firearms is not absorbed in the crime of robbery with homicide because the crime of robbery with homicide is not a crime against persons but a crime against property. or uninhabited house. which you would never think of because here there is no such line of a penalty even on robbery without force. 297. in relation to those that are specified in articles in 294. it should only be 1 degree higher --. In the event that is taken from a house which is inhabited or in a place of religious worship or whatever. Is the offense of illegal possession of firearms absorbed? That is a good question in the bar. Sept. Even the taking of a receptacle that is closed it must be taken from a building or an edifice. 295. So the law is very clear that in cases of robbery by a band the crime of illegal possession of firearms is not absorbed but in the event however that the robbery by a band resulted to the killing of a victim so it becomes robbery with homicide. And if. walls. violence or intimidation. place of religious worship. You can only impose the penalty of up to reclusion perpetua because it is not included among the heinous crimes under Republic Act #7659. coup d ‗etat and sedition. etc. any of the physical injuries under Article 263 shall have been inflicted. It is not a crime against persons. robbery in an inhabited place. the penalty of reclusion perpetua may be imposed. the penalty in that particular kind of robbery. if there is a qualified robbery. you cannot find anymore any kind of robbery with force upon things unless it be a building. There is no need to discuss conspiracy because the band itself is in itself likewise a conspiracy. the penalty would be reclusion temporal. you cannot impose the penalty of death. there are 2 doors in a room and one is marked exit and the other one is marked entrance. Actually. Hence. rebellion or insurrection. even if the penalty may be 2 degrees higher. 2003 By: Ria Under Common Wealth Act No. violence or intimidation. what penalty may be imposed in said crime? If the robbery is committed by armed persons in an inhabited house or public building or edifice devoted to religious worship. It is now even in qualified theft. robbery in a private building. Actually. If I will be an examiner I will ask that question or I will tell somebody to ask that question. it is absorbed even without the same being even an aggravating circumstance. on occasion of the robbery. You entered in the door marked as exit and you took something from inside is that robbery? No! Because the door is always for the purpose of ingress and egress irrespective of whether you mark it as exit. you can still sell it to somebody for more than P250. What then would the penalty be imposed? If there is a breaking of doors. In Article 294. And illegal possession of firearms is only absorbed in 2 crimes against persons. Have you seen such arrangement in the provinces? In order that they may be able to protect their live cattles. 417. the penalty may be up to reclusion temporal especially if the robbery is under of subdivision 1 and subdivision 2 of Article 294. 300 and 302 of the Revised Penal Code (RPC): when the property taken is mail matter or large cattle. The answer is no because the crime of robbery with homicide is a crime against property. violence or intimidations. the penalty is already reclusion temporal. Robbery with force upon things should only take place in a public building or edifice devoted to religious worship. So. how much is P250 nowadays? Even your watch that do not even have a battery would be worth more than P250 although you cannot go to Cebuana to pawn it. mail matter or large cattle are taken in such kind of robberies.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel firearms. That is the qualified robbery. That is homicide and murder. I asked this question: supposing I said. If what was taken from a public building is a mail matter or a cattle which is tied in one of the dependencies of the house (in the province there are dependencies wherein the cattles are being kept there).just like in qualified robbery. 299. The other are crimes against national security that is treason. the . E. if 55 MajArvin what was taken is mail matter or large cattle. But what I was saying then up to now. the next penalty higher by 1 degree could be reclusion perpetua. Even a real key may be considered as a similar tool because the user is not the owner or possessor of the same. the buildings must be contiguous to each other. False keys – any keys stolen from the owner. If the offender is a locksmith. Any key not intended by the owner to open such things are considered as false keys. Anyone who has maliciously damage the property of another and shall remove the fruits of the damage caused by him. even the owner may be held liable under the Forestry Code! You can cut tress just as long as they are used inside your property. There could be a misconception regarding robbery of cereals or fruits or firewood because of the conception that if fruits or cereals are taken with force. The possession of picklocks and other similar tools. These have to be differentiated with theft of transmission lines. What we have to remember is that dependencies are still considered as part of an edifice of a building so long as there is an ingress and egress from that dependencies going to the main house or edifice and vice versa.this is already under the Forestry Code of the Philippines and the penalty is that of qualified theft under Article 310 of the RPC.D. Any person who found any lost property and did not return the same to the owner shall be guilty of theft. When the law says locksmith. etc. if not. The penalty may be up to prision mayor in its minimum period (afflictive already). If you transport the lumber. then there is violation of the Forestry . it is only plain simple robbery. but they roam around the country. I don‘t know why the Supreme Court ruled that way. The word ‗another‘ does not necessarily mean the owner. you cannot really walk all over the country. #1612? Yes.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel same shall be considered a qualified robbery and the penalty shall be raised 1 degree higher than that which was imposed by law. Ducusin. there could be no dependency. there could only be robbery if the place is uninhabited. Who are still liable for the crime of theft? Those who enter enclosed estate or field where trespass is forbidden. he must be authorized by the municipal government or is licensed to make such tools. Except if the forest product stolen is a tree already capable of being turned to lumber --. Brigandage – the only thing you have to remember is that there are at least four or more armed malefactors whose purpose is to rob/kidnap people in the highway for the purpose of extorting ransom from them. he is not considered for this purpose as a locksmith. In the case of People vs. So. But in brigandage. Both of the thieves are liable in the separate crimes they are committed. But can they be considered as violating P. he shall suffer the penalty of prision correccional. So a thief may commit theft if he took property also stolen by another thief. In the Philippines. they are liable under Anti-Fencing Law. the mere fact that it was removed by the offender from the place he damaged. However. We go to theft. The highway is not exclusively those being used by buses. But what is really contemplated here is that the fruits or the cereals are in a barn/edifice/enclosure/place where they are being kept and the walls/floors/doors of so are destroyed in connection with the robbery. those four or more who roam around the 56 MajArvin country in order to rob/kidnap people for the purpose of extorting from them are considered as brigands. jeepneys. and fish or gather fruits/cereals/forest/farm products. without the consent of the owner. As regards the firewood. even if they are not robbing people. they commit this crime. If he is not authorized. the same shall be considered theft. No other book mentions such thing as qualified robbery! We have also taken robbery in an inhabited place by a band and the robbery of places which are considered uninhabited. or those who are receiving or acquiring such property taken by such brigands. it is only punishable if such possession is with the intention to use the same in the commission of the crime of robbery. there is no element of intent to gain. In theft of transmission lines. The latter is in under Theft of Electricity. But then. or intimidation upon persons. Theft is the taking of personally property belonging to another without the consent of the owner and with intent to gain. Here is also a situation where a person who carries an unlicensed firearm makes the penalty imposable in its maximum period. Those who aid or abet a band of brigands by giving information to them about the movement of the police. violence. or lost and found by another person who did not returned to the owner/authorities. Robbery of cereals or fruits or firewood. The use of picklocks or similar tools is akin to the use of force upon things. They may be provincial or municipal road. the crime of illegal possession of firearms is never absorbed. Those who aid or abet a band of brigands cannot be considered as accessories under Article 19 of the RPC because there is a special provision and specific penalty for them. The mere sawing/cutting/distraction or electrical transmission lines shall be considered theft and the penalty is heavier that that which is provided for in ordinary theft. Those who are makers of these tools are also liable. In Estafa. The most that you can imposed upon a person in cases of ordinary theft is indeterminate prison term from 12 years of prision mayor as minimum to 20 years of reclusion temporal as maximum.D. a simple allegation of abuse of confidence is already enough! Simple theft is necessarily included in qualified theft. Do not believe in the recommendation of the DOJ that it is bailable by P80. because I did not fix the bail. The consent given by the Igorot is temporary and only for a specific period.S.the person entrusted should either do as instructed or immediately return it. that is simple theft. information has to allege that there is grave abuse of confidence. The point of distinction is the possession of the property. In estafa. You remember the Igorot case who gave the gold bar/foreign currencies to DeVera with the instruction to have them changed. The problem with the SolGen. But if he already has juridical possession and can raise a defense as against a third party in relation to the property he is holding at the time and he misappropriates it or he actually appropriates is. If the amount of the property is over P22. if not. How many P10. gathering of products in an enclosed estate without the consent of the owner (except trees).and such property is a mail matter. or if the offender is a domestic servant. Theft does not involve trust. Minor kinds of theft include: hunting.000. or if the offender gravely abused the confidence of the owner. Penalties for theft under Article 309: If the amount involved is more than P22.000. SC said the crime involved is theft. although given by the owner. #581. If one took a car from the owner without his consent --. In Qualified Theft. Attempted – 2 degrees lower Frustrated – 1 degree lower Distinguish theft from estafa or swindling. If it is not alleged that the theft was with grave abuse of confidence. the penalty to be imposed is arresto mayor in minimum or a fine of not more than P50 when the offender is motivated by hunger or lack of opportunity to earn a living (but the latter is not applicable in the provinces anyway!) Jo-anne raises a question but muffled eh. the penalty that should be imposed upon the accused is Reclusion Perpetua and it is not bailable. DOJ commits ignorance of the law! I have a pending case with the Supreme Court regarding this matter.000 to P100. After the lapse of that specific period of time. CA said it is bailable. because the court has no jurisdiction over his person…and yet the CA entertained .Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel 57 MajArvin Code. according to the case of People vs. but the accused shall only serve the maximum penalty of 20 years. You may compute the penalty until 600 years. then return the same? The latter disappeared. This decision was later confirmed in the case of People vs. Fox example. fish in a fish pond. fishing. It is so if a person who receives a property temporarily to convert the same. Reyes. the amount involved is P6M.000 are there in a million? So this will yield to 600 years. computation per cubic meter of boards. they did not execute a certification of non-forum shopping! What is further interesting in that case is. The holder of the property cannot raise any defense to a third party in connection with the possession of the property. Even six generations will not be enough to serve such penalty! Eric raises a question but muffled. it is already estafa. absconds with the said property.that is already carnapping. In both instances. vs. possession by DeVera is already illegal. a coconut in a coconut plantation. Estafa involves trust and confidence existing between the offended and the offender. then only the former shall be imposed. Qualified Theft: The penalty that will be imposed will be two degrees higher if the accused takes the property belonging to another without the latter‘s consent and with intent to gain --.000…Total penalty to be imposed by the courts shall not exceed 20 years. Bago (330 SCRA). DeVera). the parting is temporary. if the person to whom the property was given absconds with the property. In theft. Judge talks about where gold can be found within the Philippines. there is actually no specific period of time (U. We take in consideration the nature of the property --. the accused is not in the Philippines! How then can he ask any relief?! He can‘t. If the possession is only temporary. qualified theft. Article 310. Judge talks about kinds of woods and seedlings/trees. Graduation is also applied: Theft of Gold punished under P. there is parting of the property with the consent of the owner. with an obligation to return immediately. The latter is an important condition. This is popular in the provinces. violence. There are three ways of committing swindling. influence. Ok lang. And if the owner. the second is by misappropriation or conversion to the prejudice of another any money or personal goods or property received by the offender in trust (whether totally or partially guaranteed by a bond). Look at the provision of this law. or intimidation in occupying real properties or usurping real rights shall be guilty of this article. Supposing you are an owner of a real property which is adjacent to a river. by altering the quality or weight of anything pertaining to his art or business. ―bounded by a big narra tree. the penalty only is arresto mayor or a fine ranging from P200-P500! It is much better to steal from National Library or National Museum than the GSIS. When you apply for the provisional remedy of writ of attachment. this is actually by means of any of the false pretenses or fraudulent acts executed prior or simultaneous to the commission of the fraud. In misappropriation or conversion. And by writing any document above such signature in blank to the prejudice of the offended party or by any third person.regarding boundaries of heaven and hell. . If there is force. or imaginary transaction. it is the SolGen who is having a headache. The first kind or mode is with unfaithfulness or abuse of confidence. The demand must be formal. Usurpation of Real Rights. Using fictitious names or falsely pretending to posses power. But in cattle-rustling. violence. So you can steal the famous paintings in the National Library. In 2B. just remember that the offender here has the obligation to deliver for whatever consideration (thus. However. Take note that this article is composed of two things: 1. passenger. no obligation to deliver). Swindling or Estafa Any person who shall defraud another by any means here below shall be guilty of swindling. only the quality is involved here. Even if the Titles of the property says. and intimidation upon persons in carnapping. not just verbal. Article 311. it is quite different because it is a special law. altering substance – quality and quantity. the penalty of death shall be imposed. In connection with the altering of substances. the penalty is prision mayor and if he is not a merchant. But now. even if it is a prized painting. There are so many acts of estafa under paragraph #2. Say for example. there is always an easement (up to 30 meters) which the owner enjoys for purposes of access to the river. qualification.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel 58 MajArvin his appeal and reversed my ruling. there is no estafa yet committed. credit. to differentiate the two. the first is by altering the substance or quantity or quality of value which the offender shall deliver by virtue of a legal/illegal obligation. or intimidation upon persons. Article 314. you consider the cattle as the subject that will raise the penalty to one degree higher. You will note also that in 1A. they are using permanent markers. Wala na yung carnapping and cattle-rustling dyan ha. #7659). business. And by taking undue advantage of signature of the offended party in blank. a person forces his way to the river saying the way belongs to the government. then the penalty will be 17 years 4 months and 1 day to 30 years. If he is a merchant. In robbery. property. agency. A and C do not require demand. Off topic discussion regarding domestic servants as judge says i-lower na lang penalty for them kasi kawawa naman sila and kailangan naman talaga sila in the house. before any person can be prosecuted for estafa or swindling. So it is a heinous crime (R. or driver is/are killed.A. it is also different because penalties are not the same. If there is no force. differentiated from 2B. Peter --. it is always alleged that the defendant is absconding or is about to abscond to defraud creditors and he/she has no sufficient property which can answer for his/her obligation and there is fraud in contracting or in payment of the obligation. easement is a real right! That person who forced and threatened you can be charged under Article 312. Those people who removed so are guilty of this Article 315. Theft of Property of the National Library. there must first be a demand from the offended party from the offender either to pay the value of the thing given in trust or given by way of commission/administration. article. This was asked in the Bar 4-5 years ago. Hindi kasama dito ang real property ha. This is the case where people remove the mohones/markers or cut the trees which are used as boundaries. Article 313. but not the ones in GSIS as that is not a National Library or National Museum. In carnapping. Article 312. here in Manila. Fraudulent Insolvency These are the people who absconds with their property in order to defraud creditors. if you steal something at National Library or National Museum. Etc. wala nang mga easements. If there is no such demand. so it would depend on the value of the property. violence. Occupation of Real Property 2. Altering Boundaries This is the case of Satan and St. Occupation of Real Property or Usurpation of Real Rights Any person who uses force.‖ the said tree is considered a boundary. the penalty is prision correctional in its maximum period to prision mayor in its medium period. the penalty is only 14 years 8 months and 1 day to 17 years and 4 months. Is he correct? No. make it only three days! Now. 59 MajArvin ―Resorting to some fraudulent practice to ensure success in a gambling game. lease contracts mean civil obligation only. pretending to be the owner of the property. DAIF. except for the fact that in PB 818 the demand must only be for the drawer of the check. Those are the only 3. This needs damage. make good the value of the check within 3 days not 5 banking days. A retired sea captain leased a room in Oakwood for so and so amount. And likewise the removal or the concealment of the destruction of court records to the prejudice of another. For the accused to deposit the amount in the bank. O. conceal. It must not be a post dated check to pay for an obligation already incurred. Requisites under P. But if you want the person liable under B. then no estafa is incurred. He only paid the down payment and nothing thereafter. How can you deposit the money in the bank within 3 days or within 5 banking days when the account of the drawer is already closed? That is an impossibility. 2003 By: Faye Caveat: I am not sure if Judge was consistently accurate with regard to the Article numbers so kindly check it during your review. DAUD 2. Pyramiding Schemes – pretending to have a business or imaginary transaction. How about estafa under the trust receipt law and under PD 1689? In 1689. Judge goes on and on about this and talked about procedure and the delaying tactics of guilty people involved in these scams. And therefore it is not a demand at all. In Article 316. demand is necessary ha The third is ―through any fraudulent means to induce another to sign any document. and we‘ll explain paragraph 2(d) and I told you that it is connected with BP 22 and I don‘t have to discuss BP 22 with you. Is that estafa? No. pretension to be the owner of a real property and the conveyance/sale/mortgage of the same to another are involved. fixing of the lotto/cockfighting etc. That is estafa! Judge talked lengthily about sabong and says we should know all these things. And remember when a question is asked of you whether a demand for the drawer of the check to deposit the value of the check in the bank but the check was dishonored due to closed account. while the former pretending to possess property. In Article 315. Brush up on your Crimpro for this. #22 and the other articles next time… October 1. . office files.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Letter A of Article 315 has to be differentiated also with Article 316 because in the latter. #818.D. but rather a card of occupancy. what is the effect of that demand? It is not a demand at all because it is impossible of accomplishment. notice by the bank or the holder of the check that it was dishonored by reason of closed account. In paragraph 2. destroy (in whole and in part) any court record. that is the pyramiding scheme. it is only a civil case because there was a lease contract. You cannot deposit anymore any amount in a closed account. Paragraph 2D in relation to P. Paragraph 2 is very simple. #818 --.P.‖ Yung dala-dalawa ang alas. Oakwood should not have let him sign a lease contract. But he kept on ordering food etc. It is only when the check is paid and it is post dated when the obligation is incurred. there is no problem on the other estafa unless you want to ask me questions about estafa I‘m willing to answer them. If the check is issued in payment of an existing or a pre-existing obligation. We will discuss may be B. #22. It is already closed and it cannot be reopened by the bank.issuance of a post dated check in payment of an obligation which was incurred simultaneously with the issuance of the check. the prosecutor asked me.P. If people only will stop being gullible and greedy. Estafa. that is the syndicated estafa. There are only3 acts committed in estafa through any fraudulent means and the first is inducing another to sign any document by means of deceit and the other one is to resort to any fraudulent or scheme in order to assure the success in a gambling game. the Oakwood case. Remove.‖ E napakadali naman nun. is this demand proper? It is improper because she is asking for the impossible. scams involving these won‘t happen. But if you want to squish the person who defrauded you. in relation to letter E… There is a case filed in my sala. make it five banking days. pag-uusap through signs. He only committed Estafa regarding the foods and drinks he did not pay for as no contract governs him doing so. But then when the check was shown to the prosecutor it is a closed account. personal property and possession are involved. then it would be in violation of P. #818: 1. remember that ha. or any other documents/papers. I was once asked by a prosecutor because the complainant claims that he made a demand.D. He was charged only for non-payment of his room. formal demand to the drawer of the check that he made good of the value of the check for three days (not banking days).D. Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel But the offenders must be at least 5 and they are acting either as corporations. they are already paupers. must within 15 days must pay also the docket fees upon learning the filing of the information. but if it is the SC that recommends. when the question asks what is your opinion. there is a new SC circular wherein in all cases of estafa. And what will happen to your case? It will be archived. etc or some associations and their usual means of deceiving the people is to ask contributions from the public or deposits from the public on the promise that the money that they will be receiving will be invested in some business when in fact they are not doing it. confused din ako dito sa statement na to ni Judge… both sides na naman yung agree nya…) Judge tip: In the bar exams. must be satisfied first before he gives the share of the private complainant. it is 5 banking days. that demand is a necessary element. So in estafa under par 2d of Art 315. That is the essence of the trust receipt law. whatever. Ian: with your last example sir. I don‘t believe that that is denying a person free access to the court and even if it is a criminal action… (Mga sis. If you fail to pay docket fees within 15 days from learning of the filing of the information. they have already been duped of several millions of pesos. I will agree if it is only the civil aspect that has to be suspended. unless he has left his residence. you must follow it. In the violation of the anti-trust receipts law which is also estafa. The trust receipt must be signed by the debtor simultaneous with the delivery of the goods. I am considering that the docket fees are a first lien in the event of the recovery of the civil liability by the offended party. He just perfected this and the Filipinos went ahead to even more than perfect it as they can cheat actually even Generals and even Judges. And it will be revived only if you can pay already the docket fees. this is a penalty or fine equivalent to the value of the check or the amount stated in the face of the check. First. the complainant. your demand must be directed to his last . In connection with estafa. What a waste of time. Now. depending upon what was the reason given in the dishonor of the check. If the docket fees are not paid. sir? Judge: No! not yet! If the check bounced. the person who opens the LC of the debtor shall pay the bank or deliver the proceeds of sale to the bank if the goods are not sold then the property shall be returned to the bank. So the sheriff must see to it that the amount of docket fees. this is where the person opens a letter of credit in a bank and using the letter of credit he purchases goods from abroad which he use for manufacture goods that are for sale here or for export of the things manufactured and the goods are delivered to the owner of the one who asked for a loan covered by the LC. the period within which you may allow a person to make good the value of the check or deposit the value of the check if it is feasible or to make arrangements so that the check will be considered as paid is only 3 days. If the trust receipt is signed after the delivery of the goods. it is a given. What 60 MajArvin they have been doing is well to fine a motion to litigate as a pauper. there are Judges that are investors but only in small amounts but the generals in millions. And that you must see to it that the demand was given to the person who is supposed to answer to the violation of BP 22. Because according to them. That is known as the Fonzi Scheme. When the accused appears before the SC. it becomes a civil obligation and it is not estafa. even if there is already a finding that probable cause exist for the issuance of a warrant and the warrant has been issued. which according to the 2 cases decided by the SC. You know what I am doing? And I don‘t know if that will be alright with the SC. etc. pag tumalbog and cheke. you must give the other party sufficient time. BP 22 na yun agad. That is the case of PPL v. etc. But I think that they will accept it rather than to deny the offended party free access to the courts. the owner must at the same time or simultaneously with the delivery sign the trust receipt because the condition in the trust receipt is that if the goods are sold. In the case that I am handling. Now nobody has yet questioned the circular of the SC because to my mind that is preventing a person to having a free access to the courts as guaranteed by the Constitution. Do we have to discuss BP 22? The only recent development in BP 22 is about the penalty that may be imposed. In BP 22. Fonzi is an Italian who went to the United States during the present time and he was the one who actually… he did not invent this. I don‘t know if that is acceptable. Aside from the demand. the discretion still rest upon the Trial Judge. the criminal action shall continue but the private offended party cannot prove the civil aspect of the case. Irrespective of holidays. that is what I did. That way. upon delivery of goods to the owner. If you file a case for violation of BP 22. you must be ready to pay docket fees according to the scheme prescribed by the SC. Because the offended party may only recover the civil liability by execution. It is not even banking days. That is the rule. But the criminal aspect. it‘s 5 banking days. there are still requirements that you have to comply with. you also serve the government in the collection of what‘s due to it. You can just imagine that even the criminal aspect of the case has to be suspended. make a demand if you are the holder of the check or the bank will notify the drawer of the check either by depositing. According to the SC. Upon arrival of the goods to the Philippines. CULINARES. It only tests your ability to write. that warrant will never be implemented. it is only 3 days. In BP 22. the same is supposed to be delivered to the owners and if there would be estafa. that will be the decision of the SC so why waste your time and make that person suffer when he will get what he wants when he goes to the SC? The problem now is in connection with the prosecution of BP 22 cases. In PD 818. It is simply a recommendation on the part of the SC not anymore a directive. you just have to write very well and do not write too long an answer. Those are the only things that are important in estafa. noh? You have to bring another action. by the offender. 4. it is usual with businessmen. who goes only to their employers to collect their salaries every 15-30 and they did not perform any work in the belief that they are entitled to it because they were appointed – that is estafa. that is the case of PPL v. that is estafa under article 316 if there is a prejudice that was caused to the lawful possessor. these are laborers who receive salaries from their employers in the belief that they are entitled to it but in fact they did not work for it. If its undervalued. Likewise in the other paragraph it refers now to a personal property when the offender actually wrongfully take a property from the lawful possessor of the property thus prejudicing the possessor. and it will cause damage to another then it will become estafa under 316. You remember in light coercions when the debtor who is in possession of a personal property becomes the victim of the creditor who seizes personal property of the debtor and applies the personal property of the debtor to the satisfaction of the debtor? That is light coercion. even if the encumbrance is not recorder. This is what is known in the government as RA 1530. Art 316. the only surety remaining may be held liable in the event that the accused cannot anymore be located and has jumped bail. di ba? And no writ of execution can be issued any estate of a deceased person. This is different from estafa by pretending to possess property. The person to whom the property belongs must not be a debtor. most of the sales are undervalued. They execute fictitious deeds of sales of their properties in favor of another person so that the creditor will not be able to run after their properties or the creditors cannot touch them. As long as the sale is so close to either prior to the filing of the complaint or the sale was done during the pendency of the obligation. that may amount to theft. This is to be differentiated from light coercions. can you attach a property that was sold by a debtor and the debtor is also actually the defendant in a case? Yes. you encumber property that are already encumbered and dispose of the same. without the court having first having the release of those properties then you are liable even if the case has already been terminated. Ian: in that case sir. with respect to the one who died. In estafa by pretending to possess property under Art 315 par 2a. As you will know. these 61 MajArvin are liable for estafa. It is not for the accused to prove that he is a first-time offender. who will be liable? Judge: it is only the Board of Directors who gave the authority to a janitor or a secretary will be liable not for BP 22 but for estafa through fraudulent means. the first in 316 is about a person pretending to be an owner of a real property sells or encumbers or mortgages or convey the same to another. He is simply a lawful possessor whether the possession is gratuitous or whatever as long as he is a lawful possessor and not a debtor and it was wrong fully seized by another. You have to put the same as a claim only. Supposing the spouses has became a surety in a criminal case and one of the spouses died. There is a problem here that I can see. Yung mga fictitious contracts. And if you sell them or encumber them. You can have it attached. the execution of fictitious contract. have those properties attached and let the person who bought it prove that he bought it in good faith and for value. This all involve real property. because of his or her position in the company because of his or her position in the company like a mere secretary or janitor. If there is no belief. In no. Because the claim may be satisfied during the distribution of the shares after paying all the obligations. depending upon the circumstances. there is already a prima facie evidence that it was to defraud the creditors. the property that is supposed to be possessed by the offender in that Art is a personal property and you rely on his pretensions that he possess personal property which includes money. Edcel: Judge…(asks a question) Judge: It must be the prosecutor who must prove that the accused is a second-time offender. But if you ask me. That is simple. those who accept compensations given to them under the belief that they are entitled to it but they did not work for it. the penalty is already imprisonment or double the amount of the fine or both. Art 316. make sure that the person authorized by the corporation in a board resolution has the power to fund the check. you cannot forfeit their share. even if the mortgage is not recorded. so surety is personal in nature so therefore the personal liability of that surety is extinguished. You will be practicing maybe a year from now and if you were asked to file a complaint for sum of money with a writ of preliminary attachment and then you were able to find that the debtor has already transferred all his properties. it must be registered with the register of deeds. Because if the person authorized to sign the check who must be a respondent in the violation of BP 22 cannot fund the check. But you can forfeit the entire amount coming from the other surety. But because it is joint and several. that person cannot be held liable for violation of BP 22. But then supposing that is a piece of land. In the ordinary cases. Because if the prosecutor can prove that he is a second-time offender. if the transfer occurred during the pendency of the indebtedness. that is estafa. In corporate checks.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel known address and that is already a substantial compliance in regard to up to a receipt of the demand. In the forfeiture of the bond. Here it is different. Those who are signatories to sureties in a bank involving real properties – you know at present when you post that a real property has a surety in any criminal or civil case. Rosa Limlao or Limlaw. . In spec pro do you remember that? No writ of execution can be enforced in a pending intestate or testate proceedings. there has to be a settlement of estate. the value of which does not exceed 25 pesos. public conveyances.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Depending upon the time – the sale in order to defraud the creditors must be done after the demand has been made. even how small.that is other deceits. All those arsons that are committed to hotels. But then if fire is used in the commission of another crime. other deceits. inexperience and feelings of a minor. Some other deceits that may not be enumerated in this article. it is also destructive arson. The law says now. whether you only burn once a building or on several occasions or you burn it once. But not a bus because it is not mentioned here. example murder. edifice. the penalty is still reclusion perpetua to death. But these are naturally buildings. If the building burned is devoted to public functions or even if it is of private ownership but it is devoted to the public in general and it is burned. that even if the offender does not know the existence of the person in the building he burned. If Madam Auring is going to ask you to give her money. You take advantage of the emotions. estafa? Judge: Pasok sa estafa. the penalty shall be death. no more. even if it is true that there are encumbrances in the property but you ask him to release. you will note that the law on arson is related to such. Its not the bus its not the jeepney. The 1613 law on arson. barns. those that may not fall under PD 1689 or in trust receipts or any other kind of estafa such as making the person believe that you have the capacity to turn something into gold. But it should be the nature of the property that you should look into. if the sale happened during the existence of the contract but before the demand. etc. This involves personal property which was mortgaged under the chattel mortgage law. it is considered as destructive arson. If you burn a factory or a warehouse any appurtenances thereto devoted for the service of public utilities then it is destructive arson. The penalty here is reclusion perpetua. Except those who are in the weather bureau are exempted. ship. that is making forecasts and telling fortunes. In destructive arson. Destructive arson. So it will be better if you put up the defense that indeed you want to kill the person. its because of ―utang na loob‖ to cancel the debt. Removal or sale of mortgaged property. If you burn a building in order to conceal bankruptcy or to defraud creditors and to collect from them insurance.. Those who for profit or gain shall interpreted dreams or make forecasts. the penalty of reclusion perpetua to death likewise shall be imposed if the arson is committed or perpetuated by 2 or more persons or by group. like vehicles. transient dwellings. motels. irrespective of 62 MajArvin the application of the above enumerated qualifying circumstances. The other kinds of destructive arson is the burning of farmhouses etc and you will note that if… TAPE WAS CUT… SIDE B … not included in Art 331 if the property do not exceed 50 pesos. sheds. You will note that in destructive arson. Regardless of whether the purpose is merely to burn or to destroy the building or the burning merely constitute an overt act in the commission of any violation of law. Even feng sui. Train locomotive. Not also a jeepney. because that is another violation of law. You ask him to assume an obligation. That is estafa. It is also destructive arson. that is already consummated arson. there might be an obligation but you ask him to assume or you ask him to release the properties etc. The other one that I was telling you is for purposes of attachment also or fictitious contract. The pledging. and that person dies. Swindling a minor. . If the sale is after the demand. That is where there is fraud upon creditors. So in case of murder. It is considered destructive. Can you build a hut worth 25 pesos. that is estafa. The moment a part of the building suffers from scorching. storehouse. there are so many principles that you have to learn. This has been discussed in RA 7659. Jo-anne: so sir. the selling. burning of arsenals or storehouse or factories in any inhabited place is destructive arson. There are only 2 stages in arson: attempted and consummated. Those who tell fortunes for profit and those that take advantage of the credulity of the public in a similar manner. that is murder with the use of fire and the penalty shall be reclusion perpetua to death as you will see in the very provisions of the law. Those that are by nature of their character they are movable. But then it is actually prohibited for any mortgagor in any chattel mortgage to remove the property and transfer it to another town. airship. Public conveyances – terminals. Likewise in arson. then that is destructive arson. So just remember these principles in arson: there is no frustrated arson. as long as your intention is to burn buildings or a group of buildings. if they will ask for money. You can even go to Mindanao using the RORO. etc… The arson of properties of small value they are the uninhabited huts. you cannot say that this property can only be confined in that town and it should not live there. Art 314. the moment that a person dies by reason of the arson. I will show you why. This is already passé. Art 318. Not mandatory death. the penalty shall be death. the penalty shall be reclusion perpetua. The only law on arson now existing is the one consolidated with RA 7659. then it shall be considered as destructive arson. Usually. the encumbering of the mortgaged property is also prohibited under this article. The same is true with arsenals. it is the place where you are supposed to take your ride. if you are going to look at it in such a way. no more. Naturally. Well. So it would appear to me. For example. You have a chance therefore to live by pleading guilty. twice or several times. If you plead guilty. that is estafa. This will include workshops for business. If you want to burn your own property. they are civilly liable and they may be asked to pay for it especially the minors. The two are different acts and they are 2 different crimes.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Art 324 is crimes involving destruction. article 330. Is there a value to the gulok? It falls under 331? Is it a personal property? It‘s not because it‘s attached to a real property. because they are not electrical transmission lines. Other mischiefs – these are the mischiefs not included in the preceding articles. if you plant them. the weapon that were used. who are liable? The parents if they allow their children to roam around beyond the curfew hours. Well if you want to destroy something. it will still fall under Art 320. etc. how about those websites? Dito papatak. So burning one‘s own property to commit arson. prima facie evidence of arson. a 14-year old boy was caught at 12 mn spray painting the walls. So the parents have the primary liability and not the property of the minor because there is a presumption of liability especially when done doing curfew hours. That is the reason why the bolo of Bonifacio is not considered personal property and cannot be the subject of the crime of theft. Because they are negligent It is only when they can prove that they are not negligent that the property of the minor naturally has to answer unless of course the minor does not have any property then the subsidiary liability devolves now to the parents. public monuments or paintings. that is when it is punishable as planting of evidence or you place them for the purposes of extortion or coercion then the penalty is only up to prision correccional. Joanne: But Judge. The body may be considered an evidence because the person is already dead. the penalty naturally is different from those that are mentioned. use explosives or discharge of an electric current. a television. to use poisonous or corrosive substances. Especial kinds of malicious mischief – if you destroy something to disrupt public functions. for the purpose of destroying or concealing evidence Judge: that is evidence only not the crime. Tinanggal mo . Jo-anne: what if you burn the building to remove the traces? Judge: then that is still arson and murder. If you spray paint on the walls and walls are included because walls are owned by the owner of the lot. these are special kinds of malicious mischief. be sure that it is in an uninhabited place because if it is done. it is still. the evidence there. If the thing burned is a building or an edifice. the penalty is only arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed. Aside from planting of evidence it was made for purposes of extortion 63 MajArvin or coercion. not the fact of the crime that is being concealed. This was the law that should have been applied to hackers when the anti-hacking law has not yet been passed. this is if death resulted as a consequence of arson committed on any of the properties under any of the circumstances mentioned during … the penalty shall be death. aside from the penalty. these are also actually contained in RA 7659. Jo-anne: Judge. Prima facie evidence of arson – too much insurance. Jo-anne: but what about par 5. is it theft or article 331? No it‘s not theft. So you can device ways and means in order to answer any question regarding arson. doesn‘t it fall under this paragraph? Judge: No. You found mechanical or electrical device or containers of flammable materials in the place where it was burned. It is the fact of evidence. So if those that spray paint are caught. spread the contagion of cattle. If you destroy a chair. We go to malicious mischief. Because it is not necessary to commit murder or burn the house in order that one or the other may be committed. But if it is to conceal the crime. Those are prima facie evidence of arson. PD 1613? Or 1630? As I stated amending the law on arson is not anymore in effect. Damage and obstruction to means of communication – do you remember the spreading of virus in the computers? So it destroys also telephone lines because a computer operates incases where you have a website through the use of telephone. there is no problem here. sinking or inundation or stranding of a vessel. Say for example the clothes. There are flammable materials in excess of what is needed in the storage. and the prejudice is actually caused. supposing a question is asked. ha! Minors. a door. The penalty will be as provided for and stated in this chapter. There is what we call a planting of evidence here it was adopted from RA 7659. that is malicious mischief. this is the destruction of telephone lines. There is already an anti-hacking law so it will not fall anymore under this. then who shall be held civilly liable? Primarily are the parents. judge? The concealing of evidence? Judge: actually it is the evidence. in Par 5. Absolute liability yon. 2 crimes. You can burn the body without burning the building. Art 326-A. Destroying or damaging statutes. They should strictly enforce that. Jo-anne: but Judge if the purpose of burning the whole house is to burn and conceal the body. This is only the destruction of personal property by another person and it does not fall under the next preceding chapter. In Art 326-B. When you get the gulok or bolo of Andres Bonifacio. what if the burning was committed to conceal the crime? Judge: those are two crimes – murder and arson. It is destruction of statutes or public monuments. it is different. those were the evidence. Those prima facie evidence of arson. Now. then and your purpose is to defraud or case damage to another. RA 7610. how could there be lewd designs? There can be lewd design even if the offender is a woman so there is another school of thought that a woman can commit forcible abduction. There must be a person in authority but this is with consent. If the one who committed is a person of authority but there is no consent. ang daming murmurs sa background bigla ha! Updated lahat at nabuhay ang 4B!) (Ang tagal ng discussion na to ha!) There could be no selective prosecution in the case of adultery even in concubinage for that matter because even if the person does not know that the other person is married. If there is no carnal knowledge there can be no seduction. reclusion perpetua ang penalty in RA 7610. it is all-encompassing eh… keeping a mistress in the conjugal dwelling. then it was committed by a person a person in authority. Pag sister or descendant. guardian. malicious mischief. they refer to the offender as a man. Alma Moreno is only trying to say something that would make some people think. So you have to chop-chop it. If the offended party is 18 and above. Corruption of minor. Acts of lasciviousness. it is rape. The person who is innocent must still be charged and she must put up her defense only after she is called to put up her defense. single lang under 18 years of age. yon.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel yung gulok eh di hindi na si Bonifacio. Those who are exempt from criminal liability – we have already discusses article 332. Reputation – public perception of a woman. it is regardless of their reputation. Simple seduction. Concubinage. teacher or any other person who in any capacity is involved in the care and education of the child or the minor. It is simply the taking of a woman against her will with lewd design and that‘s all there is to it. personal note: I can hear my voice in the background. Well maybe they are right because the law did not specify that the offender must be a man but why is it that the law distinguishes that the offended party must be a woman? In other words. Its only when the offender is a brother of the offended party or an ascendant then whether or not the victim is a virgin or not. that would be rape. wala na yan. both of them should be charged of concubinage. the penalty is one degree higher. It is not a personal property it is already a real property. destierro lang yan. it is under the RPC. this is when a married woman shall have sexual intercourse with a man not her husband and the person knows her to be married. never mind the widow that is less than 18 years of age. domestic. But she already said things on television that she forgives them or pardons them. ascendants. This are the acts of lasciviousness with the consent of the offended party.. that‘s all. If they refer to any party it should be any person. iba nang tao yon! remember what I said ha! Remember the argument that I gave. (this is the culmination of Kris and Joey episode… so Judge stated his opinion on the 4 charges filed against Joey… which is now history because of the public apology. remove that. But again. ha! In simple seduction there is always deceit and so with qualified seduction. Of course you have the priest. house servant. if the offended party is less than 18 years old. a virgin for that matter. there should be carnal knowledge. there is consent. Remember although it is not mentioned here that the abduction must be done by a man. Acts of lasciviousness with the consent of the offended party this is already committed over a minor so this is also covered by RA 7610. descendants. Thus the crime committed is abduction with rape. If there would be intercourse. there is no sexual intercourse. this is the simple abduction of a woman by a man against her will and with lewd design. Rape. Remember that this is a crime punishable only by a correccional penalty and not even an afflictive penalty. The only time when you can charge a person either of adultery or concubinage alone is when the other party is dead. that is the end of everything the civil and criminal. that is the end of it. we have already discussed. swindling. Remember that in seduction. The consideration here is virginity. 64 MajArvin Qualified seduction – a girl who is more than 12 but less than 18. si Joey… but if you have already forgiven the offending spouse. or a sister or a descendant regardless of the reputation or age. It is all encompassing eh… kahit saan… Concubine.. that is only a matter of defense. In abduction. it is a monument attached already to the real property and it cannot be removed. Here. brothers or sisters living together. kasama lang naman dito. theft. It is the single that is of good reputation in simple seduction which is the element. that would include forgiveness to the other offending party. So Ms. it is already covered by RA 7610. . no widow ha. Adultery. white slave trade. Prior to the institution of the criminal action if you have offered your forgiveness or your pardon. Ako ang kachismisan ni Judge dito! and take note. But strangers whoa re participating in the crime are not exempted ha! Adultery and concubinage. having sexual intercourse under scandalous circumstances. then this is qualified seduction. or in any other place kahit sa buwan. see to it that you divide it to 2. Of good reputation. White slave trade. that is forcible abduction. The reputation is not taken into consideration. Special complex crime. Forcible abduction. Only the widow who is 18 years of age that is of good reputation. Or even 23 or 25. seduction. Article 347. Then here comes a woman who will claim that she had an alleged liaison with the deceased. acknowledge the offspring. Because this is prosecution of crimes of adultery. especially of the persons are more than 27 years of age. But then if a person has been declared presumptively dead. Article 344 you remove only rape then there is no more problem. The premature marriage is still 301 days from the death it was not amended by the family Code because the Family Code did not expressly amend the provisions of the RPC. and then the solemnizing officer executes an affidavit to that effect. there is no presumption of malice. Disqualification from filling the office of the guardian. guardians etc. the offended party is a private person. you made it appear that the woman is the mother. then the other person may get married again without incurring criminal liability because that is with approval of the court. the same pa din yan. Marriage contracted against provisions of the laws. Just remember this: if the person. No consent or was obtain through violence or intimidation. but you don‘t know what will happen to you in the future… How about concealment or abandonment of legitimate child? Sometimes these are the unwanted child whom the parents would like to lose their civil status but they are legitimate. and acts of lasciviousness of over 18 years of age. Another defense in libel is proof of truth. indemnify the offended woman. Performance of an illegal marriage ceremony – without marriage license. Especially in inheritance. they want the child to lose his or her identity and of course the legal status of the child as a legitimate child may abandon the child or conceal her or him. Liability of ascendants. these are only with regard to accessory penalties. there is always a presumption of malice. That is different from substitution of one child. then the same. well you pretend to become the child of another or you pretend that you are the father when in fact you are not. How can you prove? I know because my mother told me. there are some. There is no crime of polygamy here in the Philippines. abduction. If the offended party is a public officer or employee. Bigamy? Even 10 times that a person gets married. that is simulation of birth. patay ka! Or impotent or could not bear any children. Because the 2 cannot live together as husband and wife if they are below 18 years of age because they cannot get married. with witnesses. that is consented. descendants. or to blacken the memory of one who‘s dead. Usurpation of civil status. When the owners of the land has died. That is why there are people who try to usurp the civil status and that is already consummated. In real life. Libel. do not execute an affidavit if you are the solemnizing officer and do not even solemnize the marriage without a license. You only see this in telenovelas. Some. TAPE WAS CUT. simulation and substitution of one child for another and concealment or abandonment of a legitimate child. well. Because malice is the heart and soul of libel. and in every case support the offspring. concubinage.Criminal Law Review Transcript 2003-2004 (Book II) Judge Oscar Pimentel Consented abduction – those who are over 12 but under 18 who agrees to be taken by somebody else then there is lewd design. especially without any issue but they have nephews and nieces. There is already a prima facie evidence of malice. The civil liability in crimes of rape and crimes against chastity of abduction. That is the defense. suddenly here comes a person who will claim that he is the illegitimate child of the one who died. The only problem is if the man has been proven to be sterile. if the legal impediments are still there 65 MajArvin and it was disregarded and both were married then the crime was marriage contracted against provisions of the laws. *** END OF CRIM LAW REVIEW*** Goodluck to us!!!! . they have a favorite child or just for the heck of it. Talo ka don because you are liable. You can go to Fabella Hospital and ask some of the aids there to substitute your child for another child. Libel is the imputation of anything wrong. It is on the part of the public officer or employee to establish malice. usurpation the civil status of another. bigamy. Simulation. have it registered. But you can cure it by saying 5 years living together as husband and wife. but if the persons are less than 23 years of age. seduction.