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1 - The Revised Penal Code (Book 2)

The document provides information on various crimes under Philippine law including: 1. Damage to property is not punishable unless it results in physical injury. Conspiracy requires agreement between two or more people to commit a crime. 2. The reglementary period is the time allotted to investigate crimes depending on their classification as light, correctional, or afflictive/capital offenses. 3. Murder, homicide, parricide, infanticide, physical injuries, abortion, duel, mutilation, and rape are defined and their elements and punishments explained.

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0% found this document useful (0 votes)
2K views12 pages

1 - The Revised Penal Code (Book 2)

The document provides information on various crimes under Philippine law including: 1. Damage to property is not punishable unless it results in physical injury. Conspiracy requires agreement between two or more people to commit a crime. 2. The reglementary period is the time allotted to investigate crimes depending on their classification as light, correctional, or afflictive/capital offenses. 3. Murder, homicide, parricide, infanticide, physical injuries, abortion, duel, mutilation, and rape are defined and their elements and punishments explained.

Uploaded by

jeysonmacaraig
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LESSON MANUSCRIPT

Damage to property –is walang kulong unless may masaktan kaya sa presinto hindi
pinapainquest kung wala naman talagang nasaktan na tao , nagfafall down sya as civiil case.

Conspiracy- two or more person agreed to commit crime (during and before)

Pag nag file ng kaso, taasan mo na ang ifile na kaso sa prosecutor’s office.

REGLAMENTARY PERIOD Twelve (12) hours, for crimes or offenses punishable by


light penalties, or their equivalent; Eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent; and Thirty-six (36) hours, for
crimes or offenses punishable by afflictive or capital penalties, or their equivalent. 

MURDER
Murder. Any person who, not falling within the provisions of Article 246 shall kill another, shall
be guilty of murder and shall be punished by Reclusion Perpetua to death
Elements:
1. That a person was killed.
2. That the killing was attended by any of the qualifying circumstances below stated.
3. The killing is not parricide or infanticide.

Qualifying circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment
or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or
with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse. (As amended by RA 7659)
Penalty for Murder- Reclusion Perpetua to death

Pag nahuli mo yung asawa mo na nakikipagsex pwede po sila patayin o mag inflict ka ng
serious physical injury sa asawa mo pati sa kalaguyo mo. (surprise and immediate)

Pero pag lumipas na at nag rest ka ng ilang oras or next day mo na ginawa yung pagpatay sa
kanila may kaso ka, homicide/murder.

Pag nakita po nakabrief pa lang or nakapanty pag pinatay po, may kaso ka, homicide.

Pag alam mo na na may ginagawa yung asawa mo at pinatawad mo sya, then umulit ulit sya
sa pangangaliwa, then napatay mo, liable ka na, kulong na homicide/murder.

Destierro (penalty) restriction- it is for safety.

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Tumultuous affray- labo labo- walang identified na person na responsible

HOMICIDE
Homicide. Any person who, not falling within the provisions of Article 246, shall kill another
without the attendance of any of the circumstances enumerated in the next preceding article,
shall be deemed guilty of homicide and be punished by reclusion temporal.
Elements:
1. That a person was killed.
2. That the Killing must be unlawful or not justified.
3. That the accused had the intention to kill, which is presumed..
4. The killing was not attended by any of the qualifying circumstances of murder or by that of
parricide or infanticide.

Pag may discharge of firearms at walang intent to kill at may tinamaan- physical injury.

Penalty for Homicide-reclusion temporal

PARRICIDE
Parricide. Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide.
(automatic reclusion perpetua ang penalty)
Elements:

1.That a person was killed:


2.That the victim is her/his:

a. father (Father-in-law= homicide/murder na yun)


b. mother (Mother-in law=homicide/murder na yun)
c. child whether legitimate= during marriage and illegitimate= out of marriage (Pag adopted
ang napatay- Homicide/Murder) (pag lolo or lola ang pumatay sa illegitimate
child=paricide/murder nay un)
d. spouse who is legally married
e. ascendants
f. descendant

INFANTICIDE
Infanticide. Any person who shall kill any child less than three (3) days of age. (kailangan
delivered alive yung bata) (pag pinanganak ng patay kailangan patuyan ng investigator na
abortion) (iniwan yung bagong silang na bata sa kalsada- attempted parricide)

Penalty- prision mayor to reclusion temporal

Elements:
1. Offender is any person;
2. Offender kills a child
3. Child is less than 3 days old

PHYSICAL INJURIES
1. Mutilation
2. Serious Physical Injuries
3. Less Serious Physical Injuries

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4. Slight Physical Injuries

ABORTION- Killing of a baby inside the womb of the mother (Pag may violence na ginamit-
reclusion temporal ang punishment ( Pag walang violence na ginamit or cytotec “intentional
abortion”- prision mayor)

Unintentional Abortion- hindi sinasadya

DUEL- pag both patay- walang may liable. Lahat ng Duel is contrary to law lalo na pag
patayan. Ang mabuhay sa duel yun ang liable.

MUTILATION- cutting of a body part of a person to prevent reproduction, locomotion, etc.


(ari, testicles) prevent reproduction (reclusion temporal ang punishment-bailable pa) (pagtenga
ang pinutol sayo- physical injury lang) (pag putol ng ulo- murder)

PHYSICAL INJURY (Serious, Less Serious, Slight)

Serious Physical Injury- there is permanent injury; pag hospitalized ka ng 30 days up;
disfigurement

Less Serious Physical Injury- hospitalized 9 days up but not more than 29 days

Slight Physical Injury- hospitalized not more than 8 days (punta muna ng lupon ng
barangay)

Kahit hindi ka na hospitalized basta na tengga ka sa trabaho, dapat bilangin yuhng araw na
hindi ka nakapagtrabaho kapalit ng hospitalization.

RAPE

Dati crime against chastity pero naging crime against person na dahil commonly may pananakit
or pagpatay.

Consent for sex may be express without saying yes but by mere of action.

Rape, When and How It Is Committed


- Rape is committed by a man who shall have carnal knowledge of a woman under any
of the circumstances mentioned under article 266-A par 1 and by any person under any of the
circumstances under article 266-A par. 2 of the revised penal code:
Elements of Rape under par. 1
1. That the offender who must be a man had carnal knowledge of a woman.
2. That such act is accomplished under any of the following circumstances:
a. Through force (pamememuersa), threat (may pananakot) or intimidation (may
authority para matakot and biktima);
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination (niloko mo, like promise of marriage para
makipagsex sa kanya) or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present. (Statutory Rape).

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Kasama ang prostitute, pag nakipagsex ka sa prostitute under 12 years old pwede ka
kasuhan ng Rape.

(nag complain ng rape habang natutulog nung nagising nya lang nalaman na narape
sya- magiging malabo sa piskal pag sinampa)

Elements of Rape under par. 2


Rape is also committed by any person who, under any of the circumstances mentioned in
paragraph 1 hereof shall commit an act of sexual assault by
1. Inserting his penis into another person’s mouth or anal orifice;
2. Inserting any instrument or object, into the genital or anal orifice of another person. (RA
8353, October 22, 1997)

RAPE= Penis insert to vagina (sexual intercourse) pag sa pwet or sa bibig (sexual assault)

NON BAILABLE RAPE- If the victim is a minor, if the the rape is committed by two or more
person, if the offender is the descendant and ascendant of the victim, including the stepfather
(moral ascendancy)

Sa investigation ito dapat itanong (May pinasok? Ano pinasok? Saan Pinasok) dapat
malaman agad ng investigador kung anong kind of rape. (Then tanong mo kung
ilang beses sya ni rape) dun magdedepende ang counts ng rape.

Effect of Pardon
- The subsequent valid marriage between the offender and the offended party shall
extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the criminal action or the penalty: Provided, that the
crime shall not be extinguished or the penalty shall not be abated if the marriage be void ab
initio. (RA 8353)

ROBBERY
Who are guilty of robbery
— Any person who, with intent to gain, shall take any personal property belonging to
another, by means of violence or intimidation of any person, or using force upon anything shall
be guilty of robbery.
Two Kinds of robbery:
1. By means of violence against or intimidation of person
2. By using force upon things.
Elements of Robbery by means of violence against or intimidation of persons
1. The offender took personal property of another;
2. That such taking is with intent to gain;
3. That the taking is by means of violence against or intimidation of persons.

Frustrated Robbery- nailabas nya yung jewelry box pero walang laman, wala na gain yung
offender

Attempted Robbery- pumasok na sya sa bahay then nakuha nya na yung jewelry box kaso
nahuli sya ng may-ari habang papalabas pa lng ng bahay.

*Back door is consider an ingress and engress of a house (hindi sya aggravating)

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Article 10- Impossible crime- pag nagnakaw sya ng pagmamay-ari nya.

Robbery with Homicide (Complex Crime)- the killing should be incidental to robbery
(related sa robbery)

Pag pinatay nya bago nya pagnakawan (ang motive nya is patayin muna bago pagnakawan)
two case na ang ififile Robbery and Homicide

WALANG CRIME NA ROBBERY with MURDER inherent na ang evident premeditation sa


ROBBERY

Attempted Robbery with Homicide- pag hindi nakuha ang gustong nakawin at nakapatay.

Robbery with Rape- nagnakaw then ni rape (motive is magnakaw)

Robbery and Rape - nang rape then nagnakaw (ang motive is mag rape)

Robbery with Attempted Rape (pwede) first ang motive is robbery then nagbalak mang
rape.

Pag magkakasama o grupo yung nagnakaw. A B C D si (A) Nakapatay, (B) nakabugbog, si (C)
nakasaksak (D) wala ng ginawa (Separate case ang ifile like Robbery with Homicide, Robbery
with Serious Physical Injuries)

PENALTIES
Any person guilty of robbery with the use of violence against or intimidation of any person shall
suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery,
the crime of homicide shall have been committed or when the robbery shall have been
accompanied by rape or intentional mutilation or arson.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when, or if by
reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of
Article 263 shall have been inflicted.
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the
physical injuries penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the commission of the crime, or when in the
course of its execution, the offender shall have inflicted upon any person not responsible for its
commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 263.
5. The penalty of prision correctional in its maximum period to prision mayor in its medium
period in other cases. (As amended by RA 7659)
Section Two. — Robbery by the use of force upon things

Elements of Robbery by using force upon things:


1. The offenders took personal property of another.
2. The taking of such property is with intent to gain.
3. The offender took such property by entering the house, public or private building or any
edifice devoted to religious worship following means:
a Through an opening not intended for entrance or egress.

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b. By breaking any wall, roof, or floor or breaking any door or window.
c. By using false keys, picklocks or similar tools.
d. By using any fictitious name or pretending the exercise of public authority.
Or if —
The robbery be committed under any of the following circumstances:
e. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle;
f. By taking such furniture or objects to be broken or forced open outside the place of
the robbery.

THEFT
Who are liable for theft
— Theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property of another
without the latter's consent.

*Pinasok ang kamay sa bintana at kinuha ang cellphone sa lamesa (theft)


* Yung gate ng bahay bukas pinasok (bakod lang) at walang ginawa- tawag dun –other forms
of trespass
* Bukas yung gate pinasok at kukuha ng buko sa puno (simple theft)
* Pag yung isda directly sa fishpond then binibenta agad ng katiwala sa iba (Qualified Theft)
* Pag yung isda dinidiliver sa palengke sa iba dinala (simple theft)
* Pag nakapulot ka ng pera at hindi mo binalik.(Theft)
* Res Nullus (walang mangagailangan) (nakapulot ng concrete nail, bote)
* Inanod yung LPG tank ni Pedro ng baha, napulot ni Juan, then nakita ni Pedro sa possession
Juan. Tanong: anong kaso- theft remedy give reward to Juan.

Elements:
1. Offender took personal property of another;
2. That the taking of such property is with intent to gain;
3. That the taking is without the consent of the owner;
4. That the taking is without violence or intimidation.

Theft is likewise committed by:


1. Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or
make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which
belongs to another and without the consent of its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm products.

PENALTIES
— Any person guilty of theft shall be punished by:
1. The penalty of prision mayor in its minimum and medium periods, if the value of the thing
stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the
thing stolen exceeds the latter amount the penalty shall be the maximum period of the one
prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total
of the penalty which may be imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the
case may be.

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2. The penalty of prision correccional in its medium and maximum periods, if the value of the
thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.
3. The penalty of prision correccional in its minimum and medium periods, if the value of the
property stolen is more than 200 pesos but does not exceed 6,000 pesos.
4. Arresto mayor in its medium period to prisioncorreccional in its minimum period, if the value
of the property stolen is over 50 pesos but does not exceed 200 pesos.
5. Arresto mayor to its full extent, if such value is over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium periods, if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200 pesos, if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the
thing stolen does not exceed 5 pesos. If such value exceeds said amount, the provision of any
of the five preceding subdivisions shall be made applicable.
8. Arresto menor in its minimum period or a fine not exceeding 50 pesos, when the value of the
thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger,
poverty, or the difficulty of earning a livelihood for the support of himself or his family

Qualified theft
— There is qualified theft if it is committed by a domestic servant, or with grave abuse
of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists
of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery,
or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg.
71. May 1, 1980).

ALTERATION OF BOUNDARIES- You can verify the size of your property through technical
description na nakasulat sa land title. (Muon- sementong pabilog na nakabaon sa lupa) (Nililipat
mo yung muon)

OCCUPATION OF REAL PROPERTY- occupation of property that is not belonging to you eg:
land

POSSESSION OF PICKLOCK- pag nakahuli ka ng tao na nagpopossess ng maraming susi


unless you are a locksmith.

CARNAPPING ( RA 6539)
Carnapping
- the taking with intent to gain of a motor vehicle belonging to another without the
latter’s consent or by means of violence against or intimidation of persons, or by using force
upon things.
Motor vehicle-any vehicle propelled by any power other than mascular power using the public
highway, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn- mowers,
bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used in public highways,
vehicles, which run only on rails or tracks, and tractors, trailers and traction engine of all kinds
used exclusively for agricultural purposes. Trailers having any number of wheels , when
propelled or intended to be propelled or intended to be propelled by attachment to a motor
vehicle , shall be classified as separate motor vehicle with no power rating.

Prohibited Acts under Anti-Carnapping Law


1. Defacing/Tampering (This act is absolutely prohibited)
2. Body building
3. Remodelling
4. Dismantling

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5. Overhauling.

The above-cited acts are violation of the Anti-Carnapping Law if the offender failed to
comply with the rules provided in the Land Transportation Office .

THEFT OF A MOTOR VEHICLE

Four- wheeled vehicle and Motorcycle are both motor vehicle as defined by the law.
Thus, taking of a motorcycle with intent to gain and without the consent of the owner
or by means of violence against or intimidation of person or using force upon thing is
considered carnapping and not merely theft.

ESTAFA ( Swindling) Art. 315

Any person who shall defraud another by any of the following means shall be
guilty of Swindling (Estafa);

1. With unfaithfulness or abuse of confidence namely:


a. By altering the substance, quality or quantity of anything of value, which the
offender shall deliver by virtue of an obligation to do so, even though such obligation
is based on an immoral or illegal consideration. (Trader promise to deliver 3 sacks
of dinorado rice to Juan but failed to deliver dinorado rice but NFA kind of rice
further when he weight the sacks it is not exact 50 kilo but 45 kilo= Quantity and
Quality)

b. By misappropriating or converting to the prejudice of another, money, goods or any


other personal property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make delivery of
or to return the same, even though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money, goods or other property;

c. (Alma is selling jeweleries, his kumare Rosana was her agent but did not remit the
cash that he earned in selling to Alma) (Si Jimmy pinatago nya yung bike nya kay
Danny pero binenta ni Danny yung bisikleta kay Pedro- charge estafa by
misappropriating) ( A buyer in good faith have no knowledge of the evil background
on the things he want to buy)

Pag inutang yung pera at hindi naibalik walang ESTAFA


Pag pinahawak lang yung pera at hindi naibalik may ESTAFA

Rosana went to Alma to said that he won in Jueteng, the price was lend to Rosana
who promise that she will give it back but failed to do so. ESTAFA.

When in business of lending of Money make sure na may KASULATAN!

Umutang sayo then namatay, sino hahabulin, estate or property yung hahabulin
mo.

Rent-Tangay- ESTAFA

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d. By taking advantage of the signature of the offended party in blank, and by writing
any document above such signature in blank to the prejudice of the offended party
or any third person.

Juan and Pedro went to a restaurant and ordered different dishes but did not pay
their bill- ESTAFA.

Hindi ka nagbayad ng hospital bills at tumakas ka- ESTAFA.

Hindi ka nagbayad sa Hotel- ESTAFA.

Sa ESTAFA Kailangan mapaniwala o naniniwala ang tao na magbabayad


ka.

BP 22(Bouncing Check Law) Tumalbog na check (kung yung pera is


kulang or walang laman yung check)

2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

a. By using a fictitious name or falsely pretending to posses power, influence,


qualifications, property, credit, agency, business or imaginary transactions; or by
means of other similar deceits.
b. By altering the quality, fineness or weight of anything pertaining to his art or
business.
c. By pretending to have bribed any government employee without prejudice to the
action for calumny, which the offended party may deem proper to bring against the
offender.
d. By postdating a check or issuing a check in payment of an obligation when the
offender had no funds in the bank, or his funds deposited therein were not sufficient
to cover the amount of the check. The failure of the drawer of the check to deposit
the amount necessary to cover his check within three (3) days from receipt of notice
from the bank and/or the payee or holder of said check has been dishonored for lack
or insufficiency of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act.
e. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house and the like without paying
therefor, with intent to defraud the proprietor or manager thereof, or by obtaining a
credit at a hotel, inn, restaurant, boarding house, lodging house or apartment house
by the use of any pretense, or by abandoning or surreptitiously removing any part of
his baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or accommodation
therein, without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:


a. By inducing another, by means of deceit, to sign any document.
b. By resorting to some fraudulent practice to insure success in a gambling game.
c. By removing, concealing or destroying, in whole or in part any court record, office
files, document or any other papers.

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THREAT ( Art 282)
Grave threats
-any person who shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a crime.
Light threat (art.283)- A threat to commit a wrong not constituting a crime.

LIBEL
Libel
— A libel is public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of
one who is dead.

Slander by deed
— any person who shall perform any act not included and punished in this title, which
shall cast dishonor, discredit or contempt upon another person.

COERSION- coersing a person to do something against the law (immediate dapat ang action)

THREAT- threatening a person to do something against the law (may period)

SEDUCTION and ABDUCTION

Seduction is committed when the offender has carnal knowledge of any of the persons and
under the circumstances described herein.
Qualified seduction. — There is qualified seduction if the victim is a a virgin over twelve
years and under eighteen years of age, committed by any person in public authority, priest,
home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be
entrusted with the education or custody of the woman seduced,
Simple seduction. — There is simple seduction if the victim is a woman who is single or a
widow of good reputation, over twelve but under eighteen years of age,
Give illustrative cases

ABDUCTION
Forcible abduction. — The abduction of any woman against her will and with lewd designs
shall be punished by reclusion temporal.
Consented abduction. — The abduction of a virgin over twelve years and under eighteen
years of age, carried out with her consent and with lewd designs, shall be punished by the
penalty of prision correctional in its minimum and medium periods.

KIDNAPPING, SERIOUS ILLEGAL DETENTION, SLIGHT ILLEGAL DETENTION,


UNLAWFUL ARREST.

Kidnapping and Serious Illegal Detention.

— Any private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five (5) days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.

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4. If the person kidnapped or detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the purpose
of extorting ransom from the victim or any other person, even if none of the circumstances
above-mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention or is raped, or is subjected
to torture or dehumanizing acts, the maximum penalty shall be imposed. (As amended by RA
7659)

Slight illegal detention.

— The penalty of reclusion temporal shall be imposed upon any private individual who
shall commit the crimes described in the next preceding article without the attendance of any of
circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the perpetration
of the crime.
If the offender shall voluntarily release the person so kidnapped or detained within three days
from the commencement of the detention, without having attained the purpose intended, and
before the institution of criminal proceedings against him, the penalty shall be prision mayor in
its minimum and medium periods and a fine not exceeding seven hundred pesos.

ACTS OF LASCIVIOUSNESS
Acts of lasciviousness.
— Any person who shall commit any act of lasciviousness upon other persons of either
sex, under any of the circumstances mentioned in crime of rape, shall be punished by prision
correctional.
Elements:
1. Offender is any person
2. Such person commits acts of lasciviousness upon other person of either sex.

QUASI-OFFENSES:
Elements:
1. Offender is not committing any intentional felony nor has the intention to commit a
felony;
2. The offender acted with negligence or imprudence.

Examples:
1. Reckless imprudence resulting in Homicide.
2. Reckless imprudence resulting in Parricide.
3. Reckless imprudence resulting in Infanticide.
4. Reckless imprudence resulting in Physical Injury.
5. Reckless imprudence resulting in damage to property.
6. Simple negligence resulting in Slight Physical injury.

COMPLEX CRIME is also applicable to quasi=-offenses.

1. Reckless imprudence resulting to Homicide, Physical injury and damage to


property.

TRESSPASS TO DWELLING VS VIOLATION OF DOMICILE.

Qualified Trespass to dwelling (Art. 280)

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-Any private person who shall enter the dwelling of another against the latter’s will shall
be punished by arresto mayor and a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be
prision correctional.
Simple Trespass to dwelling- in no violence nor intimidation.
Qualified Trespass to dwelling- if the offense was committed with violence or intimidation.

VIOLATION OF DOMICILE- if the offense was committed by a public officer or employee


without any justification”

COMPOUND CRIME is one where a single act produces two or more crimes (robbery
with rape, robbery with homicide). A COMPLEX CRIME strictly speaking is one
where the offender has to commit an offense as a means for the commission of another
offense (Murder and theft). It is said that the offense is committed as a necessary
means to commit the other offense

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Damage to property –
 
 is walang kulong unless may masaktan kaya sa presinto hi
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Tumultuous affray- labo labo- walang identified na person na responsible
HOMICID
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4. Slight Physical Injuries 
ABORTION- Killing of a baby inside the womb of the
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Kasama ang prostitute, pag nakipagsex ka sa prostitute under 12 years old pwede
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Article 10- Impossible crime- pag nagnakaw sya ng pagmamay-ari nya.
Robbery with
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b. By breaking any wall, roof, or floor or breaking any door or window. 
c. By u
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2. The penalty of prision correccional in its medium and maximum periods, if the
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5. Overhauling.
The above-cited acts are violation of the Anti-Carnapping Law  i
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d. By taking advantage of the signature of the offended party in blank, and by w
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THREAT ( Art 282)
Grave threats
-any person who shall threaten another with the

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