Showing posts from April, 2014

Violation Of Domicile

Violation of Domicile

ART. 128.

1. That the offender is a public officer or employee;
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects; and
3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner thereof;
b. searching papers or other effects found therein without the previous consent of such owner;
c. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

1. nighttime
2. papers or effects not constituting evidence of a crime are not returned immediately


The judicial order is the search warrant.

If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280).

When a public officer searched a person “outside his dwelling” without a search warrant a…


ART. 127.

1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change
   his residence; and
3. That the offender is not authorized to do so by law.

1. by expelling a person from the Philippines; or
2. by compelling a person to change his residence


Acts punishable:

The crime of expulsion absorbs that of grave coercion. If done by a private
person, act will amount to grave coercion.

Crime does not include expulsion of undesirable aliens, destierro, or when
sent to prison.

If a Filipino who, after voluntarily leaving the country, is illegally refused
re-entry is considered a victim of being forced to change his address.

Threat to national security is not a valid ground to expel or to compel one to
change his address.

The Chief Executive has the power to deport undesirable aliens.


Villavicencio v. Lukban (1919)
  The city mayor of Manila committed the crime of expulsion when he ordered
  certain p…

Delaying Release


1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the release of a prisoner
   or detention prisoner, or that there is a proceeding upon a petition for
   the liberation of such person; and
3. That the offender without good reason delays:
     a. the service of the notice of such order to the prisoner, or
     b. the performance of such judicial or executive order for the release
        of the prisoner, or
     c. the proceedings upon a petition for the release of such person.


Wardens and jailers are the persons most likely to violate this provision.

RA 7438

RA 7438
An Act Defining Certain Rights of Person Arrested, Detained or Under 
Custodial Investigation as Well as the Duties of the Arresting, Detaining 
and Investigating  Officers, and Providing Penalties for Violations

Rights of Persons Arrested, Detained, or Under Custodial Investigation;  
Duties of Public Officers

Be informed, in a language known to and understood by him, of his rights to
remain silent and to have competent and independent counsel

Be assisted by counsel at all times
   Preferably of his own choice
     - If the person arrested, detained, or under custodial investigation cannot afford
       the services of counsel, the investigating officer must provide him with one.
     - Counsel shall at all times be allowed to confer privately with the person

Be visited by or have conferences with:
   Any member of his immediate family, which INCLUDES –
    - spouse,
    - fiancee,
    - parent or child,
    - brother or sister,
    - grandparent or grandchild,
    - uncle…

Top Ten Medical Technologist School in the Philippines

Top Ten Medical Technology School
September 2014

1. Saint Louis University - Baguio City
     Total Number of Examinees - 171
     Total Number Passed - 171
     Total Number Failed - 0
     Passing Percentage - 100%

University of the Immaculate Conception - Davao
     Total Number of Examinees - 63
     Total Number Passed - 63
     Total Number Failed - 0
     Passing Percentage - 100%

Lyceum of the Philippines University - Batangas
     Total Number of Examinees - 58
     Total Number Passed - 58
     Total Number Failed - 0
     Passing Percentage - 100%

2. Silliman University 
     Total Number of Examinees - 101
     Total Number Passed - 100
     Total Number Failed - 1
     Passing Percentage - 99.01%

3. Velez College
     Total Number of Examinees - 181
     Total Number Passed - 179
     Total Number Failed - 2
     Passing Percentage - 98.90%

4. Cagayan State University - Caritan
     Total Number of Examinees - 68
     Total Number Passed - 67
     Total Number Failed - 1

Delay In The Delivery Of Detained Persons To The Proper Judicial Authorities

Delay in the Delivery of Detained Persons

ART. 125.

1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground; and
3. That he fails to deliver such person to the proper judicial authority within:
     a. 12 hours, detained for crimes punishable by light penalties, or equivalent;
     b. 18 hours, for crimes punishable by correctional penalties, or their equivalent; or
     c. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent.


The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for. This does not contemplate actual physical delivery.

The filing of the information in court beyond the specified periods does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court.

To prevent committing this felon…

Violation of Neutrality

ART. 119.

1. That there is war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the purpose of
   enforcing neutrality; and
3. That the offender violates such regulation.


This crime is committed only in time of war.

Neutrality of the Philippines that was violated.

There has to be a regulation issued by competent authority for enforcement of
neutrality – offender violated it.

Being a public officer or employee has higher penalty.

Top Mechanical Engineering Schools In The Philippines - March 2014

Top Mechanical Engineering Schools
March 2014

The Following Mechanical Engineering Schools Are The Best
Based On Their performance In The March 2014 Board Examination.

1. Batangas State University - Batangas City

      Overall Passing Percentage - 98.85%
      Number of Examinees - 87
      Number of those who passed - 86
      Number of those who failed - 1

2. De La Salle University - Manila

      Overall Passing Percentage - 92.16%
      Number of Examinees - 51
      Number of those who passed - 47
      Number of those who failed - 4

                MICHAEL JOSEPH LUMYEB CERDA - 3rd Place
                FERNAN JADE RAMIREZ BAUTISTA - 4th Pace

3. University of the Philippines - Diliman

      Overall Passing Percentage - 92%
      Number of Examinees - 25
      Number of those who passed - 23
      Number of those who failed - 2

                CARLO RAY RIVERA SELABAO - 2nd Place

4. Mindanao State University - Gen. Santos City

      Overall Passing Percentage - 88.46%
      Number of E…

RA NO. 6235

Anti-Hijacking Law

1. By compelling a change in the course or destination of an aircraft of Philippine
   registry, or seizing or usurping the control thereof while it is in flight;
2. By compelling an aircraft of foreign registry to land in Philippine territory or
   seizing or usurping the control thereof while it is in the said territory; and
3. By shipping, loading, or carrying in any passenger aircraft operating as a public utility
   w/in the Philippines, any explosive, flammable, corrosive or poisonous substance or material.

IN FLIGHT – From the moment all exterior doors are closed following embarkation until the same
doors are again opened for disembarkation.


Where the aircraft is of Philippine registry, the offense must be committed while in
flight. Hence, the act must take place after all exterior doors are closed following

Where the aircraft is of foreign registry, offense need not take place while in


Top Chemical Engineering Schools in the Philippines

Top Chemical Engineering School in the Philippines 
April 2014 Licensure Examination

The Best Chemical Engineering School in the Philippines is
determined by its performance in the licensure examination
administered by the PRC which has the power to monitor
the performance of  schools in licensure examinations
and publish the results thereof in a newspaper of national circulation.

Based on their overall passing percentage, The Following are the best
performing chemical engineering school in the Philippines for the
April 2014 board exam. for chemical engineer.

1.University of San Carlos

      Overall Passing Percentage - 100%
      Total Number of Examinees - 13
      Number of examinees who passed - 13
      Number of examinees who failed - 0

Leslie Villamor Adolfo - 2nd Place

2. University of the Philippines - Diliman

      Overall Passing Percentage - 100%
      Total Number of Examinees - 6
      Number of examinees who passed - 6
      Number of examinees who failed - 0

3.De La Salle U…

Interruption Of Religious Worship

ART. 132.

1. That the officer is a public officer or employee;
2. That religious ceremonies or manifestations of any religion are about to
   take place or are going on; and
3. That the offender prevents or disturbs the same.


Qualifying circumstances:
1. violence; or
2. threats.

Reading of Bible and then attacking certain churches in a public plaza is not a
ceremony or manifestation of religion, but only a meeting of a religious sect.
But if done in a private home, it’s a religious service.

Religious Worship includes people in the act of performing religious rites for
a religious ceremony or a manifestation of religion.
   Examples: Mass, baptism, marriage

X, a private person, boxed a priest while the priest was giving homily and
maligning a relative of X. Is X liable? X may be liable under Art 133
(Offending religious feelings) because X is a private person.

Qualified if committed by violence or threat.

CMT Target Criminology Review Center

CMT Target Criminology Review Center is an
 independent criminology  review center not
 endorsing any particular school of criminology.

It was founded in Cebu City on May 2005.

CMT Target is co-founded by Atty. Artemio Jay Torredes.
He is a graduate of University of San Carlos where he obtained his Criminology
and Law degree. For those who do not know him, he is a criminology board
examination topnotcher. When he took the board exam in 2002, he landed first place.
He is also the review director of CMT Target Criminology Review Center.
He is also at the same time the Dean of the Criminal Justice Department of the
University of San Carlos.

CMT Target Review Center, in its entire existence, has produced more than
18 examinees that landed from top 1 to top 10.

CMT Target Review Center offers not only Criminology Board Exam Review
but also Napolcom Exam Review designed for those non criminology graduate
who wants to join the Philippine National Police.

Although a Licensed Criminologist i…

Qualified Piracy

ART. 123.

1. Seizure of the vessel by boarding or firing upon the same;
2. Abandonment of victims without means of saving themselves; or
3. Piracy was accompanied by murder, homicide, physical injuries, or rape.


If any of the circumstances in Article 123 is present, piracy is qualified.

Parricide/infanticide should be included (according to Judge Pimentel).

There is a conflict between this provision and the provision on rape.
   Ex: If rape is committed on someone below 7 yrs. old – penalty is death
       under the new rape law. But if rape committed on someone below 7
       during the time of piracy – reclusion perpetua to death.

The murder/rape/homicide/physical injuries must have been committed on the
passengers or on the complement of the vessel.

Piracy is a crime not against any particular state but against all mankind. It may be
punished in the competent tribunal of any country where the offender may be found
or into which he may be carried.


Top Ten Criminology School April 2014 Licensure Examination

For The Complete List of those who passed
the Criminology Board Examination for
April 2013, Just Click the Picture.

Criminology School With 50 or More Examinees 

1. University of the Cordilleras - 99.09%
     Total Number of Examinees - 110
     Total Number Passed            - 109
     Total Number Failed              - 1

       Francis Pang-ay Fagkang - 4th Place
       Katrina Natividad Reyes   - 6th Place
       Jayson Guiked Langgacao  - 7th Place
       April Tsuan Dogwe Matchok - 9th Place

2. University of Baguio - 93.26%
     Total Number of Examinees - 89
     Total Number Passed            - 83
     Total Number Failed              - 6

       Clementina Miller Tomeg - 5th Place
       Morrison Dumpayan Imingan - 10th Place
3. Lipa City Colleges - 90.91%
     Total Number of Examinees - 66
     Total Number Passed            - 60
     Total Number Failed              - 6

4. Cagayan De Oro College - 76.58%
     Total Number of Examinees - 158
     Total Number Passed            - …

PD 532


VESSEL – any vessel or watercraft used for
         (a) transport of passengers and cargo or
         (b) for fishing.

1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit;
3. Directly or indirectly abets the commission of piracy.


Was issued in August 1974, punishing piracy, but not mutiny, in Philippine territorial waters.

Thus came about two kinds of piracy:
(1) that which is punished under the Revised Penal Code if committed in the high seas; and
(2) that which is punished under Presidential Decree No. 532 if committed in
    Philippine territorial waters.

Under PD 532, piracy may be committed even by a passenger or member of the
complement of the vessel.


Piracy In General And Mutiny On The High Seas

ART. 122.

1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532);
2. By seizing the whole or part of the cargo of said vessels, its equipment or personal
   belongings of its complement or passengers, the offenders being strangers to the

PIRACY – it is robbery or forcible depredation on the high seas, without lawful
authority and done with animo furandi and in the spirit and intention of
universal hostility.

MUTINY – the unlawful resistance to a superior, or the raising of commotions
and disturbances on board a ship against the authority of its commander.

1. A vessel is on the high seas or Philippine waters;
2. Offenders – not members of its complement nor passengers of the vessel; and
3. That the offenders –
    a. attack or seize vessel (if committed by crew or passengers, the crime is not
       piracy but robbery in the high seas), or
    b. seize whole or part of vessel’s cargo, equipment or personal belo…

Correspondence With Hostile Country

ART. 120.

1. There’s a war in and Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory
   occupied by enemy troops;
3. That the correspondence is either –
     a. prohibited by the government, or
     b. carried on in ciphers or conventional signs, or
     c. containing notice or information which might be useful to the enemy.

1. Notice or information might be useful to the enemy.
2. Offender intended to aid the enemy.


 Circumstances qualifying the offense:
     1. notice or information might be useful to the enemy
     2. offender intended to aid the enemy

A hostile country exists only during hostilities or after the declaration of war.

Correspondence to enemy country is correspondence to officials of enemy
country even if said official is related to the offender.

It is not correspondence with private individual in enemy country.

If ciphers were used, no need for prohibition of the government.

If ciphers were not …

Inciting To War Or Giving Motives For Reprisal

ART. 118.

1. Offender performs unlawful or unauthorized acts;
2. Such acts provoke or give occasion for a war involving or liable
   to involve the Philippines or expose Filipino citizens to
   reprisals on their persons or property;


Crime committed in time of  peace.

Intent of the offender is immaterial.

In inciting to war, the offender is any person. If the offender is a
public officer, the penalty is higher.

Reprisals are not limited to military action, it could be economic
reprisals, or denial of entry into their country.

Example: X burns Chinese flag. If China bans the entry of Filipinos
into China, that is reprisal.


ART. 117.

ESPIONAGE – is the offense of gathering, transmitting, or losing
information respecting the national defense with intent or reason
to believe that the information is to be used to the injury of
the Republic of the Philippines or the advantage of a foreign nation.

1. By entering, without authority, a warship, fort, or military or
    naval establishment or reservation to obtain any information, plan or
    other data of confidential nature relative to the defense of the

   1. That the offender enters a warship, fort, naval or military
       establishment or reservation;
   2. That he has no authority therefore; and
   3. That his purpose is to obtain information, plans, photographs or
       other data of a confidential nature relative to the defense of the

2. By disclosing to the representative of a foreign nation the contents
    of the articles, data or information referred to in the preceding
    paragraph, wh…

Misprision of Treason

ART. 116.

1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to commit treason) against the government
4. He conceals or does not disclose the same to the authorities in w/c he resides.


Offender is punished as an accessory to the crime of treason.

But is actually principal to this crime.

Crime doesn't apply if crime of treason is already committed and
it is not reported.

It is a crime of omission.

RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor
or city fiscal), but what if you report to some other high-ranking
government. official?
Ex: PNP Director? Judge Pimentel says any
government. official of the DILG is OK..

Misprision of treason is a crime that may be committed only by citizens of
the Philippines.

The essence of the crime is that there are persons who conspire to commit
treason and the offender knew this and failed to make the necessary
report to the government within the earliest possible time.

What is require…

Flight To Enemy's Country

ART. 121.

1. There’s a war and Philippines is involved;
2. Offender owes allegiance to the government;
3. Offender attempts to flee or go to enemy country; and
4. Going to enemy country is prohibited by competent authority.

1. Filipino citizen
2. Alien residing in the Philippines


Mere attempt consummates the crime.

There must be a prohibition. If there is none, even if one went to enemy country,
there is no crime.

An alien resident may be held guilty for this crime because an alien owes
allegiance to the Philippine government albeit temporary.

Conspiracy and Proposal To Commit Treason

ART. 115.

1. In time of war;
2. Two or more persons come to an agreement to -
    a. levy war against the government, or
    b. adhere to the enemies and to give them aid or comfort
3. They decide to commit it.

1. In time of war
2. A person who has decided to levy war against the government,
   or to adhere to the enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.


As a general rule, conspiracy and proposal to commit a felony is
not punishable (ART.8). Art 115 is an exception as it specifically
penalizes conspiracy and proposal to commit treason.

Mere agreement and decision to commit treason is punishable.

Two-witness rule – not applicable since this is a crime separate
from treason.

Mere proposal even without acceptance is punishable, too. If the
other accepts, it is already conspiracy.

If actual acts of treason are committed after the conspiracy or
proposal, the crime committed will be treason, and the conspiracy
or p…

Criminology Schools Garnering 100% Passing Percentage In The October 2013 Examination

     a. Passed - 11
     b. First Timer - 11
     c. Repeaters - 0

     a. Passed - 20
     b. First Timer - 20
     c. Repeaters - 0

     a. Passed - 1
     b. First Timer - 1
     c. Repeaters - 0

     a. Passed - 1
     b. First Timer - 0
     c. Repeaters - 1

     a. Passed - 4
     b. First Timer - 4
     c. Repeaters - 0

     a. Passed - 1
     b. First Timer - 1
     c. Repeaters - 0

     a. Passed - 15
     b. First Timer - 15
     c. Repeaters - 0

     a. Passed - 39
     b. First Timer - 39
     c. Repeaters - 0

     a. Passed - 6
     b. First Timer - 6
     c. Repeaters - 0

     a. Passed - 27
     b. …

Arbitrary Detention

ART. 124

1. That the offender is a public officer or employee (whose official duties
   include the authority to make an arrest and detain persons);
2. That he detains a person; and
3. That it was without legal grounds.


Arbitrary detention is the deprivation by a public officer of the liberty
of a person w/o any legal ground.

Though the elements specify that the offender be a public officer or employee,
private individuals who conspire with public officers can be liable as principals.

Legal grounds for the detention of any person:
   a. commission of a crime
   b. violent insanity or other ailment requiring compulsory confinement of
      the patient in a hospital

Grounds for warrant-less arrest:
   a. Crime is about to be, is being, or has been committed;
   b. Arresting officer must have personal knowledge that the person probably
      committed the crime; or
   c. Person to be arrested is an escaped prisoner.

1. By detaining a person wi…

Cockfighting Law Of 1974

Presidential Decree No. 449

Holding of Cockfights – Cockfighting shall be allowed only in
licensed cockpits on
1. Sundays
2. Legal Holidays, except: December 30, June 12, November 30,
   Holy Thursday, Good Friday, Election or Referendum Day and
   during Registration Days for such election or referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture, commercial or industrial
   fair, carnival or exposition for a similar period of three days
   upon resolution, subject to approval of Chief of Constabulary or
   his authorized representative—not allowed within month of local
   fiesta of for more than two occasions a year in same city or

Cockfighting for Entertainment of Tourists or for Charitable Purposes:
Chief of Constabulary or his authorized representative may also allow
the holding of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For support of national fund-raising campaigns for charitable

Mendicancy Law of 1978

Mendicancy Law of 1978

PD 1563 

Persons liable:
1. Mendicant – Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times)
2. Any person who abets mendicancy by giving alms on public roads, sidewalks, parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information

NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law.

Under R.A. 9344 persons below eighteen (18) years of age shall be exempt from prosecution
for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential
Decree No. 1619, such prosecution being inconsistent wi…

Who Are Public Officers

Who Are Public Officers?ART. 203

To be a public officer, one must be -
1. Taking part in the performance of public functions in the Government, or performing
    public duties as an employee, agent or subordinate official, of any rank or class, in
   the government or any of its branches; and
2. That his authority to take part in the performance of public functions or to perform
    public duties must be -
     a. by direct provision of the law, or
     b. by popular election, or
     c. by appointment by competent authority.


Public officers include every public servant from the lowest to the highest rank provided
that they exercise public functions.

A government laborer is not a public officer. However, temporary performance by a
laborer of public functions makes him a public officer.

Officers and employees of government owned and controlled corporations but not those
of a sequestered corporations.

Doing of an act which a public officer should not have do…


ART 114
1. Offender is a Filipino citizen or an alien resident
2. There’s a war in and Philippines is involved; and
3. Offender either –
    a. Levies war against the government; or
    b. Adheres to enemies, giving aid or comfort

1. Filipino – permanent allegiance; can commit treason anywhere
2. Alien Residing – temporary allegiance; commit treason only while residing in


Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2,

Treason by an alien must be committed in the Philippines. (EO 44).

Treason – breach of allegiance to the government by a person who owes
allegiance to it.

Allegiance – obligation of fidelity and obedience which individuals owe to the
government under which they live or to their sovereign, in return for protection
they receive.

Treason is a war crime - punished by state as a measure of self-protection.

Committed in times of war (not peace) when
   - there is actual hostilities
   - no need for a declarati…

Death or Physical Injuries Under Exceptional Circumstances


1. A legally married person or parent surprises his spouse or daughter (the
   latter must be under 18 and living with them) in the act of committing sexual
   intercourse with another person;
2. He/she kills any or both of them or inflicts upon any or both of them any serious
   physical injury in the act or immediately thereafter; and
3. He has not promoted or facilitated the prostitution of his wife or daughter,
   or that he has not consented to the infidelity of the other spouse.


This article does not define or penalize a felony, the penalty is destierro.

Penalty of destierro for killer spouse is meant to protect him
from acts of reprisal by relatives of dead spouse.

It is not necessary that the parent be legitimate for the application of this article.

This article applies only when the daughter is single.

Surprise means to come upon suddenly or unexpectedly.

Article does not apply: If the surprising took place before any
actual sexual intercourse could be done or aft…


Art. 134 - A

1. Offender is a person or persons belonging to the military, or police or holding
   any public office or employment,
2. Committed by means of swift attack, accompanied by violence, intimidation,
   threat, strategy or stealth;
3. Directed against:
   a. duly constituted authorities of the Philippines
   b. any military camp or installation
   c. communication networks, public utilities or other facilities needed for
      the exercise and continued possession of power
4. For the purpose of seizing or diminishing state power.

1. Any person who leads or in any manner directs or commands others to undertake
   coup d’etat (leaders);
2. Any person in the government service who participates or executes directions or
   commands of others in undertaking coup d’etat (participants from government);
3. Any person not in the government service who participates, or in any manner,
   supports, finances, abets, or aids in undertaking a coup d’etat
   (participants not from go…

Criminal Negligence; Imprudence and Negligence



1. By committing through reckless imprudence any act which, had it been intentional, would
   constitute a grave or less grave felony or light felony;
2. By committing through simple imprudence or negligence an act w/c would otherwise
   constitute a grave or a less serious felony;
3. By causing damage to the property of another through reckless imprudence or
   simple imprudence or negligence; or
2. By causing through simple imprudence or negligence some wrong w/c, if done
   maliciously, would have constitutes a light felony.

1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration
   a. his employment or occupation,
   b. degree of in…