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University Of Luzon Dagupan College Of Criminology

university of luzon dagupan
University of Luzon Dagupan



University of Luzon Dagupan
College of Criminology








University of Luzon is a Private Non-Sectarian
institution of higher learning. It was formerly
named Luzon Colleges.

Like some Colleges and Universities in Luzon,
The School was established in the year 1948.

University of Luzon is in the City of Dagupan, Province of
Pangasinan. Pangasinan, La Union, Ilocos Sur and Ilocos Norte
is in Region 1 or the solid north as they say during the term
of President Ferdinand Marcos.

One of the Academic Program offered by University of Luzon is the
Bachelor of Science Degree in Criminology.

For those interested to inquire about the school's Criminology
program. You May personally visit at the this address:

            Perez Blvd. Dagupan City
            Pangasinan Philippines 2400

If you are presently unavailable to visit the school personally,
You may call for inquiries in the following number:

            +63 (075) 515-5767
            +63 (075) 522-8295
            +63 (075) 515-7707


University of Luzon Performance in the last 2 Licensure Examination
for Criminologist is posted here under.

            April 2014 Criminology Board Exam Result
               Overall Passing Percentage - 42.28%
               Total Number of Examinees - 149
               Number of those who passed - 63
               Number of those who failed - 86

                  JOSERWIN JOY RAGA BRIAN - 10th Place


            October 2013 Criminology Board Exam Result
               Overall Passing Percentage - 38.86%
               Total Number of Examinees - 229
               Number of those who passed - 89
               Number of those who failed - 140

            In the April 2013 Criminology Board Exam result
            University of Luzon's passing percentage is 46.15%
            In this exam, one examinee landed in the top ten.

               JINGJING MARCOS DE VERA - 6th Place

Offenses Not Subject To The Provisions Of RPC


ART.10

General Rule: RPC provisions are supplementary to special laws.

   Exceptions:
   1. when special law provides otherwise
   2. when provision of RPC are impossible of application, either
      by express provision or by necessary implication

Provisions of RPC applicable to special laws:
   - Art. 16 Participation of Accomplices
   - Art. 22 Retroactivity of Penal laws if favorable to the accused
   - Art. 45 Confiscation of instruments used in the crime

Note: When the special law adopts the penalties
      imposed in the RPC i.e. penalties as reclusion
      perpetua, prision correccional, etc. the provisions of
      the RPC on imposition of penalties based on stages
      of execution, degree of participation and attendance
      of mitigating and aggravating circumstance may be
      applied by necessary implication.


offenses not subject to the provisions of RPC
Special Laws vs. Penal Laws



Grave Felonies, Less Grave Felonies And Light Felonies

Grave Felonies, Less Grave Felonies and Light Felonies

ART.9

Importance of Classification
1. To determine whether the felonies can be complexed or not.
2. To determine the prescription of the crime and of the penalty.

Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties: 1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30 days)

As to the liability of the participants in a grave, less grave or light felony:
1. When the felony is grave, or less grave, all participants are criminally liable.
2. But where the felony is only light, only the principal and the accomplice are liable. The accessory is not.

Therefore, it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice, even though the felony is only attempted or frustrated, but accessories are not liable for light felonies.

Conspiracy And Proposal To Commit Felony

Conspiracy

ART.8

Requisites:
1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it

Concepts of Conspiracy:
1. As a crime in itself
   Ex: conspiracy to commit rebellion, insurrection, treason, sedition, coup d’ etat
2. Merely as a means to commit a crime

Requisites:
a. a prior and express agreement
b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective

Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability.

General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act.

              Exception: when the law specifically provides for a penalty
                 
                         Ex: rebellion, insurrection, sedition, coup d’ etat

General Rule: The act of one is the act of all.

              Exception: Unless one or some of the conspirators committed some other crime which
                         is not part of the intended crime.

              Exception to the exception: When the act constitutes an indivisible offense.

People v. Abut, et al. (GR No. 137601, April 24, 2003)
OVERT ACTS IN CONSPIRACY MUST CONSIST OF:
1. Active participation in the actual commission of the crime itself, or
2. Moral assistance to his co-conspirators by being present at the time of the commission of the crime, or
3. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan

PROPOSAL TO COMMIT A FELONY
Requisites:
1. A person has decided to commit a felony
2. And proposes its execution to some other person or persons

People vs. Nierra
If a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts, such co-conspirator should be punished as an accomplice only. The common notion is that when there is conspiracy involved, the participants are punished as principals. This notion is no longer absolute. The reason given is that penal laws always favor a milder form of responsibility upon and offender.

Illustration:

There was a planned robbery, and the taxi driver was present during the planning. The taxi driver agreed for the use of his cab but said, “I will bring you there, and after committing the robbery I will return later.” The taxi driver brought the conspirators where the robbery would be committed. After the robbery was finished, he took the conspirators back to his taxi and brought them away. It was held that the taxi driver was liable only as an accomplice. His cooperation was not really indispensable. The robbers could have engaged another taxi. The taxi driver did not really stay during the commission of the robbery. At most, what he only extended was his cooperation.

A conspiracy is possible even when participants are not known to each other. When several persons who do not know each other simultaneously attack the victim, the act of one is the act of all, regardless of the degree of injury inflicted by any one of them. All will be liable for the consequences. Do not think that participants are always known to each other.

The Supreme Court has ruled that one who desisted is not criminally liable. As pointed out earlier, desistance is true only in the attempted stage. Before this stage, there is only a preparatory stage. Conspiracy is only in the preparatory stage..

Illustrations:

A thought of having her husband killed because the latter was maltreating her. She hired some persons to kill him and pointed at her husband. The goons got hold of her husband and started mauling him. The wife took pity and shouted for them to stop but the goons continued. The wife ran away. The wife was prosecuted for parricide. But the Supreme Court said that there was desistance so she is not criminally liable.

Do not search for an agreement among  the participants. If they acted simultaneously to bring about their common intention, conspiracy exists. And when conspiracy exists, do  not consider the degree of participation of each conspiracy because the act of one is the act of all. As a general rule, they have equal responsibility.

Illustration:

A, B and C have been courting the same lady for several years. On several occasions, they even visited the lady on intervening hours. Because of this, A, B and C became hostile with one another. One day, D invited the young lady and she accepted the invitation. Eventually, the young lady agreed to marry D. When A, B and C learned about this, they all stood up to leave the house of the young lady feeling disappointed. When A looked back at the young lady with D, he saw D laughing menacingly. At that instance, A stabbed D. C and B followed. In this case, it was held that conspiracy was present

People v. Pangilinan,
Implied Conspiracy Conspiracy need not be direct but may be inferred from the conduct of the parties, their joint purpose, community of interest and in the mode and manner of commission of the offense. The legal effects of implied conspiracy are:
a. Not all those present at the crime scene will be considered conspirators;
b. Only those who participated in the criminal acts during the commission of the crime will be considered co-conspirators;
c. Mere acquiescence to or approval of the commission of the crime, without any act of criminal participation, shall not render one criminally liable as co-conspirator.

Siton vs. CA,
The idea of a conspiracy is incompatible with the idea of a free for all. There is no definite opponent or definite intent as when a basketball crowd beats a referee to death.

1997 Bar Examination Question
1998 Bar Examination Question
1994 Bar Examination Question
2003 Bar Examination Question
2003 Bar Examination Question (Implied Conspiracy)




Cagayan De Oro College School Of Criminology

cagayan de oro college
Cagayan De Oro College



Cagayan De Oro College  School of Criminology
is located in the school's campus located at
Carmen, Cagayan De Oro City.


The School is a Private Non-Sectarian institution
of higher learning. It was founded in 1948.

Cagayan De Oro College is under the PHINMA Education Network
which include also the following schools.
1. Pamantasan ng Araullo Inc.
2. University of Iloilo
3. University of Pangasinan

It is very nice to study Criminology in Cagayan De Oro City.
The City is even named by the UN Habitat as emerging City
of tomorrow.

The School's Criminology Program is excellent. The latest board
exam for criminologist gave the school one topnotcher in the
person of CHERRIELYN GALENDEZ DAHAN who landed 8th place.

The Tuition fee is very affordable, it is more or less P514
per unit.

For those residing in Region X or Northern Mindanao and the
nearby provinces who wants to take the school's Criminology
program, The School's Complete address is

            Max Suniel Street
            Carmen, Cagayan De Oro City
            Misamis Oriental (9000)
         
You may also directly call them for any inquiries at

            Telephone Number: +63 (088) 858-5867
                                                         (088) 858-5869

Cagayan De Oro College Performance in The Last 2 Licensure
Examination for Criminologist is posted here below.

            April 2014 Criminology Board Exam Result
               Overall Passing Percentage - 76.58%
               Total Number of Examinees - 158
               Number of those who passed - 121
               Number of those who failed - 37

                     CHERRIELYN GALENDEZ DAHAN - 8th Place

         
            October 2013 Criminology Board Exam Result
               Overall Passing Percentage - 71.26%
               Total Number of Examinees - 167
               Number of those who passed - 119
               Number of those who failed - 48

                     BERNARDO BESNAR ABIAN - 3rd Place
                     EUGENE MANDANG ZAMBRANO - 10th Place

In the April 2013 Board Exam for Criminologist, Cagayan De Oro
College Landed First Place.

                     XIAN HILOT GAJE - 1st Place

In the April 2011 Board Exam for Criminologist, Cagayan De Oro
College Produced again a topnotcher.

                     ISMAEL VIRGIL OTOC GUNDAYA - 7th Place

In the March 2012 Board Exam for Criminologist, Cagayan De Oro
College again Top The Board Examination.

                     JUBERT OCIO BAGAPORO - 1st Place

Not to mention the previous topnotchers who gave prestige to the
College of Criminology.

When Light Felonies Are Punishable


ART.7

General Rule: Punishable only when they have been consummated

   Exception:
   Even if not consummated, if committed against persons or
   property
      Ex: slight physical injuries, theft, alteration of
          boundary marks, malicious mischief, and intriguing
          against honor.

   Note: Only principals and accomplices are liable;
         accessories are NOT liable even if committed against
         persons or property.

Consummated, Frustrated, and Attempted Felonies


Consummated, Frustrated, and Attempted Felonies

ART.6

STAGES OF EXECUTION:

1. CONSUMMATED – when all the elements necessary for its execution and accomplishment are present

2. FRUSTRATED

Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator

3. ATTEMPTED

Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance

Crimes, which do not admit of Frustrated and Attempted Stages:
1. Offenses punishable by Special Penal Laws, unless the law provides otherwise
2. Formal crimes – consummated in one instance (e.g.: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt (e.g.: attempt to flee to an enemy country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement (e.g.: betting in sports: “ending,” corruption of public officers)

Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury

2 stages in the development of a crime:
1. Internal acts
   - e.g. mere ideas of the mind
   - not punishable
2. External acts
a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools)
b. Acts of Execution - punishable under the RPC

consummated frustrated attempted felony
Attempted vs. Frustrated Felony

Bar Exam Question (1998)

Theft; Stages of Execution (1998)

In the jewelry section of a big department store, Julia snatched a couple of bracelets and put them in her purse. At the store's exit, however, she was arrested by the guard after being radioed by the store personnel who caught the act in the store's moving camera. Is the crime consummated, frustrated, or attempted?

Suggested Answer:

The crime is consummated theft because the taking of the bracelets was complete after Julia succeeded in putting them in her purse. Julia acquired complete control of the bracelets after putting them in her purse; hence, the taking with intent to gain is complete and thus the crime is consummated.

Bar Exam Question (2000)

Theft; Stages of Execution (2000)

Sunshine, a beauteous "colegiala" but a shoplifter, went to the Ever Department Store and proceeded to the women's wear section. The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors. When she came out of the fitting room, she returned only two (2] pieces to the clothes rack. The saleslady became suspicious and alerted the store detective. Sunshine was stopped by the detective before she could leave the store and brought to the office of the store manager. The detective and the manager searched her and found her wearing the third swimsuit under her blouse and pants. Was the theft of the swimsuit consummated, frustrated, or attempted? Explain.  

Suggested Answer:

The theft was consummated because the taking or asportation was complete. The asportation is complete when the offender acquires exclusive control of the personal property being taken: in this case, when Sunshine wore the swimsuit under her blouse and pants and was on her way out of the store. With evident intent to gain, the taking constitutes theft, and being complete, it is consummated. It is not necessary that the offender is in a position to dispose of the property,

Alternative Answer:

The crime of theft was only frustrated because Sunshine had not yet left the store when the offense was opportunely discovered and the article seized from her. She does not have yet the freedom to dispose of the swimsuit she was taking (People vs. Dino, CA 45 O.G. 3446). Moreover, in case of doubt as to whether it is consummated or frustrated, the doubt must be resolved in favor of the milder criminal responsibility.

Duty Of The Courts, Acts Not Covered By Law

Art. 5:

Duty of the court in connection with acts which should
be repressed but which are not covered by the law, and in cases
of excessive penalties

Note: Paragraph 2 does not apply to crimes punishable by special
law, including profiteering, and illegal possession of firearms
or drugs. There can be no executive clemency for these crimes.

Article 5 covers two situations:
1. The court cannot convict the accused because the acts do not
   constitute a crime.
 
   a. The proper judgment is acquittal.
   b. The court is mandated to report to the Chief Executive that
      said act be made subject of penal legislation and why.

2. Where the court finds the penalty prescribed for the crime
   too harsh considering the conditions surrounding the
   commission of the crime,

   a. The judge should impose the law.
   b. The most that he could do is recommend to the Chief
      Executive to grant executive clemency.

Criminal Liability

ART.4

Criminal Liability

Par.1 Criminal liability for a felony committed different from  that intended to be committed

Requisites:
1. felony has been committed intentionally
2. injury or damage done to the other party is the direct, natural and logical consequence of the felony

Hence, since he is still motivated by criminal intent, the offender is criminally liable in:
1. Error in personae – mistake in identity
2. Abberatio ictus – mistake in blow
3. Praetor intentionem - lack of intent to commit so grave a wrong

PROXIMATE CAUSE – the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred

1996 Bar Examination Question (Proximate Cause)
2003 Bar Examination Question (Immediate Cause)

Par. 2 Impossible Crime

Requisites:
1. Act would have been an offense against persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed.
4. Act is not an actual violation of another provision of the Code or of special law.

Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime

Read:

1996 Bar Examination Question (felonious act of scaring)
2000 Bar Examination Question (impossible crime)


1994 Bar Exam Question

Distinguish aberratio ictus from error in personae.

Aberratio ictus or mistake in the blow occurs when a felonious act missed the person against whom it was directed and hit instead somebody who was not the intended victim.

Error in personae, or mistake in identity occurs when the felonious act was directed at the person intended, but who turned out to be somebody else. Aberratio ictus brings about at least two (2) felonious consequence, ie. the attempted felony on the intended victim who was not hit and the felony on the unintended victim who was hit. A complex crime of the first form under Art. 48, RPC generally result. In error in personae only one crime is committed.



1999 Bar Exam Question

What do you understand by aberratio ictus: error in personae; and praeter intentionem? Do
they alter the criminal liability of an accused?

ABERRATIO ICTUS or mistake in the blow occurs when the offender delivered the blow at his intended victim but missed, and instead such blow landed on an unintended victim. The situation generally brings about complex crimes where from a single act, two or more grave or less grave felonies resulted, namely the attempt against the intended victim and the consequence on the unintended victim. As complex crimes, the penalty for the more serious crime shall be the one imposed and in the maximum period. It is only when the resulting felonies are only light that complex crimes do not result and the penalties are to be imposed distinctly for each resulting crime.

ERROR IN PERSONAE or mistake in identity occurs when the offender actually hit the person to whom the blow was directed but turned out to be different from and not the victim intended. The criminal liability of the offender is not affected, unless the mistake in identity resulted to a crime different from what the offender intended to commit, in which case the lesser penalty between the crime intended and the crime committed shall be imposed but in the maximum period (Art. 49, RPC).

PRAETER INTENTIONEM or where the consequence went beyond that intended or expected. This is a mitigating circumstance (Art. 13. par. 3, RPC) when there is a notorious disparity between the act or means employed by the offender and the resulting felony, i,e., the resulting felony could not be reasonably anticipated or foreseen by the of fender from the act or means employed by him.


2000 Bar Examination Question

Despite the massive advertising campaign in media against firecrackers and gun-firing during the New Year's celebrations, Jonas and Jaja bought ten boxes of super lolo and pla-pla in Bocaue, Bulacan. Before midnight of December 31, 1999, Jonas and Jaja started their celebration by having a drinking spree at Jona's place by exploding their high-powered firecrackers in their neighborhood. In the course of their conversation, Jonas confided to Jaja that he has been keeping a long-time grudge against his neighbor Jepoy in view of the latter's refusal to lend him some money. While under the influence of liquor, Jonas started throwing lighted super lolos inside Jepoy's fence to irritate him and the same exploded inside the latter's yard. Upon knowing that the throwing of the super lolo was deliberate, Jepoy became furious and sternly warned Jonas to stop his malicious act or he would get what he wanted. A heated argument between Jonas and Jepoy ensued but Jaja tried to calm down his friend. At midnight, Jonas convinced Jaja to lend him his .45 caliber pistol so that he could use it to knock down Jepoy and to end his arrogance. Jonas thought that after all, explosions were everywhere and nobody would know who shot Jepoy. After Jaja lent his firearm to Jonas, the latter again started throwing lighted super lolos and pla-plas at Jepoy's yard in order to provoke him so that he would come out of his house. When Jepoy came out, Jonas immediately shot him with Jaja's .45 caliber gun but missed his target. Instead, the bullet hit Jepoy's five year old son who was following behind him, killing the boy instantaneously, a) What crime or crimes can Jonas and Jaja be charged with? Explain.

Jonas and Jaja, can be charged with the complex crime of attempted murder with homicide because a single act caused a less grave and a grave felony (Art. 48. RPC).

Attempted murder is a less grave felony, while consummated homicide is a grave felony: both are punishable by afflictive penalties.

Central Mindanao Colleges Kidapawan City


central mindanao colleges logo
Central Mindanao Colleges Logo



Central Mindanao Colleges
Kidapawan City







Central Mindanao Colleges is a Private Non-Sectarian institution
of higher learning.

The School was established in 1946. It was granted license in
1996 by the Commission On Higher Education (CHED) to offer the
Criminology Course.

It is situated in the SOCCSKSARGEN region or Region XII.

For those who live in the Provinces of North Cotabato, South
Cotabato, Sultan Kudarat and Sarangani Province and interested
to enrol in the school's Criminology Program, You may
visit personally at the address posted below.

       Address :Osmeña Drive,
                        City of Kidapawan,
                        North Cotabato
                        9400

For those who live outside of Region XII but interested in joining
Central Mindanao Colleges School of Criminology, you may just inquire
through the school's telephone number posted below.

      Telephone :(064) 288-1708

Central Mindanao Colleges Performance in the last 2 Board Examination
for Criminologist is posted here below for your information.

      April 2014 Criminology Licensure Exam Result
            Overall Passing Percentage - 30.23%
            Total Number Of Examinees - 129
            Number of those who passed - 39
            Number of those who failed - 90

                  MARY FE MANDIN TAGO-ON - 3rd Place

      October 2013 Criminology Licensure Exam Result
            Overall Passing Percentage - 27.91%
            Total Number Of Examinees - 172
            Number of those who passed - 48
            Number of those who failed - 124


   

   

Felonies

Felonies

Art. 3.

Definitions - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act  is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Felonies – acts and omissions punishable by the Revised Penal Code

Crime – acts and omissions punishable by any law.

Act – an overt or external act

Omission – failure to perform a duty required by law

ELEMENTS OF FELONIES
a. There must be an act or omission
b. That the act or omission must be punishable by the RPC
c. That the act is performed or the commission incurred by means of dolo or culpa

Dolo - deliberate intent.Must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him.

Actus Reus - Physical act
Actus reus refers to the criminal action involved in a crime. It is the guilty act that a person does when they commit a crime.

Mens rea - a guilty mind, a guilty or wrongful purpose or criminal intent. Gravamen of the offense

Omission is
a. the failure to perform a duty
b. required by law.
c. It is important that there is a law requiring the performance of an act, if there is no positive duty, there is no liability.

Examples: Omission
1. Failure to render assistance
2. Failure to issue receipt
3. Non disclosure of knowledge of conspiracy against the government.

NULLUM CRIMEN, NULLA POENA SINE LEGE – There is no crime when there is no law punishing it.

Classification Of Felonies According To The Means By Which They Are Committed:
1. Intentional Felonies- by means of deceit (dolo)
      Requisites:
      a. freedom
      b. intelligence
      c. intent.

MISTAKE OF FACT – (Ignorantia Facti Excusat)misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable.
   
Requisites:
a. the act done would have been lawful had the facts been as the accused believed them to be
b. intention is lawful
c. mistake must be without fault or carelessness by the accused

Example:

People v. Ah Chong (1910)
A houseboy who stabs his roommate in the dark, honestly mistaking the latter to be a robber responsible for a series of break-ins in the area, and after crying out sufficient warnings and believing himself to be under attack, cannot be held criminally liable for homicide.


2. Culpable Felonies- by means of fault (culpa)
      Requisites:
      a. freedom
      b. intelligence
      c. negligence (lack of foresight) and imprudence (lack of skill)

Application of RPC Provisions

Application of RPC Provisions

Art. 2.

Application of its provisions. — Except as provided in  the treaties and laws of preferential application, the provisions  of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and  maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

   RULES:

1. Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters.

2. Foreign vessel
a. French Rule
General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country.

Exception: commission affects the peace and security of the territory, or the safety of the state is endangered.

b. English Rule
General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country.

Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof.

This is applicable in the Philippines.

When the crime is committed in a war vessel of a foreign country, the NATIONALITY of the vessel will ALWAYS determine jurisdiction because war vessels are part of the sovereignty of the country to whose navel force they belong.

These rules are NOT applicable if the vessel is on the high seas when the crime was committed, in these cases, the laws of the nationality of the ship will always apply.

The country of registry determines the nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel registered in China must fly the Chinese flag.

Extraterritorial refers to the application of the Revised Penal  Code outside the Philippines territory:

Three International Theories on Aerial Jurisdiction

a. Free Zone Theory
The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state, except for the protection of its national security and public order.

b. Relative Theory
The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively
exercise control thereof.
       
c. Absolute Theory
1. The subjacent state has complete jurisdiction over the atmosphere above it subject only to the
innocent passage by aircraft of a foreign country.

NOTE: The Philippines adopts this theory.

2. Under this theory, if the crime is committed in an aircraft, no matter how high, as long as it can be
established that it is within the Philippine atmosphere, Philippine criminal law will govern.

2000 Bar Exam Question

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;

1. The forgery is committed abroad
2. And it refers to Philippine coin, currency note, obligation and security

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

a) Those having to do with the discharge of their duties in a foreign country.
b) The functions contemplated are those, which are, under the law:
i) to be performed by the public officer
ii) in the Foreign Service of the Philippine government
iii) in a foreign country.

NOTE: The Revised Penal Code governs if the crime (whether or not in relation to the exercise of
public functions) was committed within the Philippine Embassy or within the embassy grounds
in a foreign country. This is because embassy grounds are considered an extension of sovereignty.
Thus the crime is deemed to have been committed in Philippine soil.

Illustration:

A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for bigamy because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here, since it is as if he contracted the marriage here in the Philippines.

5. Should commit any of the crimes against national security and  the law of nations, defined in Title One of Book Two of this Code.

1. Rebellion is not included.
2. Any crime against public order is under the jurisdiction of the host country.

Bar Exam Question (2006)

Jurisdiction; Impeachable Public Officers (2006)

Judge Rod Reyes was appointed by former President Fidel Ramos as Deputy Ombudsman for the Visayas for a term of 7 years commencing on July 5,1995. Six months thereafter, a lady stenographer filed with the Office of the Ombudsman a complaint for acts of lasciviousness and with the Supreme Court a petition for disbarment against him. Forthwith, he filed separate motions to dismiss the complaint for acts of lasciviousness and petition for disbarment, claiming lack of jurisdiction over his person
and office. Are both motions meritorious? 

Suggested Answer:

The motion to dismiss the complaint of the Deputy Ombudsman for the acts of lasciviousness should be denied as only the Ombudsman is included in the list of impeachable officers found in Article XI of the 1987 Constitution. Therefore, the Sandiganbayan has jurisdiction over his prosecution (Office of the Ombudsman vs. CA, G.R. 146486, March 4, 2005). Likewise, the Supreme Court has jurisdiction over the petition for disbarment, as he is a member of the bar. His motion to dismiss should be denied (See Rule 139 and 139 of the Rules of Court).

RPC When Act Takes Effect February 1, 1932

When Act Takes Effect

ART.1

Criminal law is that branch or division of municipal law which
   - defines crimes,
   - treats of their nature and
   - provides for their punishment.

Characteristics of Criminal Law:
1. General – binding on all persons who reside or sojourn in the Philippines
   
      Exceptions:
      a. Treaty Stipulation
      b. Laws of Preferential Application
      c. Principles of Public International Law

Example
(1). sovereigns and other chiefs of state
(2). Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim th privileges and immunities accorded to ambassadors and ministers.)

2. Territorial – penal laws of the Philippines are enforceable only within its territory

Exceptions: (Art. 2 of RPC – binding even on crimes committed outside the Philippines)

a. offense committed while on a Philippine ship or airship
b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government
c. introduction into the country of the above-mentioned obligations and securities
d. while being public officers and employees, an offense committed in the exercise of their functions
e. crimes against national security and the law of the nations defined in Title One of Book Two

3. Prospective – the law does not have any retroactive effect.

Exception: when the law is favorable to the accused

Exceptions to the Exception:
a. The new law is expressly made inapplicable to pending actions or existing causes of action
b. Offender is a habitual criminal


Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory.

2. Positivist Theory – basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.

3. Mixed Theory – combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate.

Construction of Penal Laws:
1. Liberally construed in favor of offender

Ex:
a. the offender must clearly fall within the terms of the law
b. an act is criminal only when made so by the statute

2. In cases of conflict with official translation, original Spanish text is controlling,

3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual punishments nor excessive fines

R.A. No. 75 -  penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited
foreign diplomatic representatives in the Philippines

1996 Bar Exam Question







Philippine College of Criminology Review Center

philippine college of criminology logo
Philippine College of Criminology



Philippine College of Criminology
Review Center








Philippine College of Criminology is the pioneer in Criminology
education in the Philippines. It is the First school to offer the
Criminology degree program.

The School is not just a pioneer in the Philippines of Criminology
education but also in the entire South East Asia region.

The College was established in 1954. It was founded by Supreme
Court Justice Felix Angelo Bautista.

Philippine College of Criminology is situated in Sales street, Manila.

Philippine College of Criminology (PCCr) is a very large School
of Criminology. In the April 2014 Board Examination for Criminologist
alone, the  school fielded 666 examinees.

For those interested to study Criminology, you may contact the
school in the telephone numbers listed below.

         +63 (02) 733-1607
         +63 (02) 733-3749
         +63 (02) 733-1602
         +63 (02) 734-5200
         +63 (02) 734-5700
         +63 (02) 733-7707

For those who successfully obtained their Criminology Degree.
Philippine College of Criminology has its own review center
which cater to its students but it accepts enrollees from other
schools.

PCCR Review Center usually conducts its lectures on Saturdays
and Sundays, from 8 AM to 5 PM.

         You may contact the review center for their particulars
         in these number, (02) 733-3749 and the switch board
         operator will connect you to their office via 311.

         Philippine College of Criminology Review Center's review
         fee for non PCCr graduate is P8,000. This is their rate in 2014.

For those who might be interested, Posted here under is the
performance of Philippine College of Criminology PCCr in the
last (4) Four licensure examination for criminologist.

         October 2014 Criminology Board Examination Result
            Overall Passing Percentage - 38.88%
            Total Number of Examinees - 949
            Number of Examinees who passed - 369
            Number of Examinees who failed - 580


         April 2014 Criminology Board Examination Result
            Overall Passing Percentage - 32.43%
            Total Number of Examinees - 666
            Number of Examinees who passed - 216
            Number of Examinees who failed - 450

               KENNETH GLENN AGRAVIADOR GROSPE - 2nd Place

         October 2013 Criminology Board Examination Result
            Overall Passing Percentage - 41.03%
            Total Number of Examinees - 992
            Number of Examinees who passed - 407
            Number of Examinees who failed - 585

               ROBINSON GALARDE LUCENA - 6th Place

         April 2013 Criminology Board Examination Result
            Overall Passing Percentage - 46.07%
            Total Number of Examinees - 699
            Number of Examinees who passed - 322
            Number of Examinees who failed - 377
   

 

Leyte Colleges Tacloban City

leyte colleges tacloban city
Leyte Colleges

Leyte Colleges Tacloban City

Leyte Colleges was founded in 1946. The College is located in Tacloban City.

Tacloban is the  economic center of Eastern Visayas region. The City has an Airport which made Leyte Colleges more accessible to students from nearby provinces who wants to study Criminology.

There are more or less 13 Universities and Colleges in Tacloban but Leyte Colleges is the largest Criminology School in the entire Tacloban City.

In the April 2014 Board Exam for Criminologist alone, Leyte Colleges fielded 203 examinees. In the October 2013 Board Exam for Criminologist, Leyte Colleges fielded 606 examinees.

For those who are interested to enrol in their Criminology program, you may visit the school personally at Sta.Cruz Street, 6500 Tacloban City - Leyte.

If You live in the nearby provinces or you prefer to contact them by phone. The School's Telephone number is (053)321-1501.

Leyte Colleges E-mail Address is lc_execasst@yahoo.com if you want to write them through e-mail.

Leyte Colleges Performance In the Last Criminology Board Examination is posted here below.


      April 2014 Licensure Examination For Criminologists Result
            Overall Passing Percentage - 20.69%
            Total Number of Examinees - 203
            No. of those who passed - 42
            No. of those who failed - 161


      October 2013 Licensure Examination For Criminologists Result
            Overall Passing Percentage - 30.86%
            Total Number of Examinees - 606
            No. of those who passed - 187
            No. of those who failed - 419


Regardless of the Board Exam Result posted above. Please be informed that Leyte Colleges School of Criminology was able to produce Board Exam Topnotchers in the person of the following:

  • Gilford Entroliso - 4th Placer
  • Shyrille Tan - 5th Placer
  • Edward Macabenta - 8th Placer
  • Joey Blones - 10th Placer      


Leyte Colleges Courses Offered aside from B.S. in Criminology:

  • BA in Political Science
  • BS in Business Administration
  • BS in Office Administration
  • Bachelor of Elementary Education
  • Bachelor of Secondary Education
  • Bachelor of Laws       

Intriguing Against Honor

intriguing against honor
Gossiping


Intriguing Against Honor

This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed.

Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another by means w/c consist of some trickery.

The intrigue is resorted to to blemish honor or reputation of another person.

Must be committed by means of some tricky and secret plot, and not gossiping which falls under defamation.

Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendant’s act is one of intriguing against honor; if it came from a definite source, crime is slander.

Intriguing against honor is referred to as gossiping: the offender, without ascertaining the truth of a defamatory utterance, repeats the same and pass it on to another, to the damage of the offended party.

This crime is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person.


intriguing against honor
Intriguing Against Honor





Incriminating Innocent Person


ART.363

ELEMENTS:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an
   innocent person the commission of a crime; and
3. That such act does not constitute perjury.


2 KINDS OF INCRIMINATING AN INNOCENT PERSON:
1. Making a statement which constitutes:
   a. defamation, or
   b. perjury (if made under oath and is false)
2. Planting evidence

Art 363 is limited to planting evidence and the like, which
tend directly to cause false prosecution.

Incriminatory machinations distinguished from defamation – does
not avail himself of written or spoken words

There is a complex crime of incriminating an innocent person
through unlawful arrest.

As far as this crime is concerned, this has been interpreted
to be possible only in the so-called planting of evidence.
   - If this act is resorted to, to enable officers to arrest
     the subject, the crime is unlawful arrest through
     incriminating innocent persons.


incriminating innocent person
Art.363. Incriminating Innocent Person




Libelous Remarks


Libelous Remarks

ART.362

Libelous remarks. - Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor or managing editor of a newspaper from criminal liability.

This article is a limitation to the defense of privileged communication. Even if matter is privileged and malice in fact is proved, author and editor is liable.

Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned is guilty of libel.


Proof Of The Truth

Proof Of The Truth

ART.361

PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or
2. the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties.


REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :
1. it appears that the matter charged as libelous is TRUE (for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end (for situation (a) only).

The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court.

An imputation that a person has contagious disease might under ordinary circumstances be defamatory but loses such character when made with good intention and justifiable motive

There is no libel when there is no malice

Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating

RULE OF ACTUAL MALICE: Even if the defamatory statement is false, NO liability can attach IF it relates to official conduct, UNLESS ---
- The public official concerned proves that the statement was made with actual malice, i.e., with knowledge that it was false or with reckless disregard of whether it was false or not




Criminology Board Exam Schedule

Criminology Board Exam Schedule

The Next Criminology Board Examination is set to take place on July 31, August 1, and August 2. 

Opening of online application April 23, 2024.

The deadline for filing applications is on June 24, 2024.

The target date for the release of the examination results is August 22, 2024.

The Criminology Board Examination shall be held in Manila and all PRC Regional Offices except Pagadian, Zamboanga.

Criminology Board Exam Venue

  • NCR, 
  • Baguio, 
  • Butuan, 
  • Cagayan de Oro, 
  • Calapan, 
  • Cebu, 
  • Davao, 
  • Iloilo, 
  • Koronadal, 
  • Legazpi, 
  • Lucena, 
  • Palawan, 
  • Pagadian, 
  • Pampanga, 
  • Rosales, 
  • Tacloban, 
  • Tuguegarao, 
  • Zamboanga, 
  • Antique, 
  • Bacolod, 
  • Bayambang, 
  • Bohol, 
  • Cauayan, 
  • Dumaguete, 
  • Ilocos Norte, 
  • Ilocos Sur, 
  • Kidapawan and 
  • Occidental Mindoro


Please take note that this may change at any time.

For further inquiries, you may inquire through their telephone numbers listed below or visit them personally.

      1. Baguio City
         
            Location - CTLL Building, 141 Abanao Extension,
            Tel. No. - (074) 3043080, 3043028, 3043180, 4245053
   
      2. Cagayan De Oro City
         
            Location - Elfante Building, General Antonio Luna St.
            Tel. No. - (088) 2313723, (08822) 721917
   
      3. Cebu City

            Location - 979 V. Rama Ave., St., Guadalupe
            Tel. No. - Tel: (032) 2539993, (032) 2535330

      4. Davao City

            Location - 2nd Floor Granland Business Center, Rafael Castillo St
            Tel. No. - Tel: (082) 2340007 to 08
   
      5. Iloilo City

            Location - 2nd Floor N.B. Building, Lopez Jaena St., Jaro
            Tel. No. - Tel: (033) 3292730, (033) 3292733, (033) 3293705
   
      6. Legazpi City

            Location - Regional Office No. V, Regional Government
                             Center Site, Rawis
            Tel. No. - Tel: (052) 4813079
   
      7. Lucena City

            Location - 2nd Floor Grand Central Terminal, Ilayang Dupay
            Tel. No. - Tel: (042) 3737316
   
      8. Tacloban City

            Location - Robert Yu Building, Ground Floor (beside GSIS),
                             Brgy. 77, Fatima Village, Marasbaras
            Tel. No. - Tel: (053) 3239788, (053) 3239828
   
      9. Tuguegarao City

            Location - Regional Government Center, Carig Sur
            Tel. No. - Telefax: (078) 3040701, (078) 3043703
     
      10. Pagadian City

            Location - 149 F. S. Pajares St
            Tel. No. - Telefax: (062) 9250080

      11. Manila

            Location - 149 F. S. Pajares St
            Tel. No. - (632) 7362252 - Application for Board Examination
                            (632) 3100026 - General Inquiries
   
      12.Zamboanga - There is no Regional Office existing in Zamboanga
                                   Inquiries may be addressed to the Manila office.


The Above information is for general information only. The accurate thing to do is to inquire personally by calling the above-mentioned telephone numbers or visiting their office
personally.

Good luck with your review. For those who are self-reviewing. One piece of advice. Master the definition of terms in all subjects. That will be your foundation and fallback.

Review materials are posted on the Internet by various criminology professors, and criminology board exam passers, and some are even board exam topnotchers. Just type your queries in your preferred search engine like Yahoo and Google and I am sure you will find something of value.

You may want to read:

Persons Responsible Libel

Persons Responsible Libel

ART.360

PERSONS LIABLE:
1. The person who publishes, exhibits, or causes the publication or exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine or serial publication; and
4. The owner of the printing plant publishes a libelous article with his consent and all other persons, who in any way participate in or have a connection with its publication.

VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES OF  WRITTEN DEFAMATION:
1. where the libelous article is printed and 1st published, or
2. where any of the offended parties actually resides at the time of the commission of the offense, or
3. where one of the offended parties is a public officer:
   a. if his office is in the City of Manila, with the RTC of Manila, or the city/province where the article is printed and 1st published
   b. otherwise, with the RTC of the city/province where he held office at the time of the offense; or where the article is 1st published, or
4. where one of the offended parties is a private individual, with the RTC of province/city where he actually resides at the time of the crime or where the article was printed or 1st published.

Complaint for defamation imputing a private crime (i.e. adultery, concubinage, seduction, abduction, and acts of lasciviousness) must be filed by the offended party.

Person who publishes libelous letter written by offended party is liable (publishing and not composing is the prime requisite of crime)

Liability of editor is same as author

Limitations of venue: in order to minimize interference with public function if a public officer, and also to avoid unnecessary harassment of accused(to limit out-of-town libel suits)

Actual damages need not be proved where publication is libelous per se

Action for exemplary damages may be awarded if action is based on quasi-delict

No remedy for damages for slander or libel in case of absolutely privileged communication

Under Republic Act no. 8792, otherwise known as the Electronic Commerce Act, a party or person acting as a service provider incurs NO civil or criminal liability in the making, publication, dissemination or distribution of libelous material if:
a) the service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent that making, publication, dissemination, or distribution of such material is unlawful or infringes any rights;

b) the service provider does not knowingly receive a financial benefit directly attributable to the infringing activity;

c) the service provider does not directly commit any infringement or other unlawful act and does not
induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party (Section 30, in relation to Section 5, E- Commerce Law


libel




Slander By Deed

Slander by Deed

ART.359

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

ELEMENTS:
1. That the offender performs any act not included in any other crime against honor;
2. That such act is performed in the presence of other person or persons; and
3. That such act casts dishonor, discredit or contempt upon the offended party.

Seriousness of slander by deed depends on the social standing of the offended party, the circumstances surrounding the act, and the occasion.

Distinctions:
1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification.
2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstances provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if the offended party was under 12 years old, together with lewd designs)

ALSO of two kinds:
1. Simple
2. Grave: of a serious nature

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF

ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED

ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD
DESIGNS = ACTS OF LASCIVIOUSNESS


Bar Exam Question (1994)

Acts of Lasciviousness vs. Unjust Vexation (1994)

When is embracing, kissing and touching a girl's breast considered only unjust vexation instead of acts of lasciviousness?

The acts of embracing, kissing of a woman arising either out of passion or other motive and the touching of her breast as a mere incident of the embrace without lewd design constitutes merely unjust vexation (People us, Ignacio. CA GRNo. 5119-R, September 30, 1950). However, where the kissing, embracing and the touching of the breast of a woman are done with lewd design, the same constitute acts of lasciviousness (People vs. Percival Gilo, 10 SCRA 753).


Bar Exam Question (1994)

Slander by Deed vs. Maltreatment 

Distinguish slander by deed from maltreatment.

Suggested Answer:

SLANDER BY DEED is a crime committed when a person publicly subjects another to an act intended or calculated to cast dishonor, discredit or contempt upon the latter. Absent the intent to cast dishonor, discredit, contempt, or insult to the offended party, the crime is only MALTREATMENT under Art, 266. par. 3, where, by deed, an offender ill-treats another without causing injury.





Slander - Oral Defamation

Slander - Oral Defamation

ART.358

Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos.

KINDS OF ORAL DEFAMATION:
1. Grave slander - defamation is of a serious and insulting nature;
2. Simple slander - light insult or defamation.

FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:
1. expressions used
2. personal relations of the accused and the offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.

Words uttered in the heat of anger constitute light oral defamation.

If the utterances were made publicly and were heard by many people and the accused at the same time pointed his finger at the complainant, oral defamation is committed.

Simple slander prescribes in 2 months and grave slander in 6 months. (Prescription of Crime)

Bar Exam Question (1988)

Slander (1988)

For some time, bad blood had existed between the two families of Maria Razon and Judge Gadioma who were neighbors. First, there was a boundary dispute between them which was still pending in court. Maria's mother also filed an administrative complaint against the judge which was however dismissed. The Razons also felt intimidated by the position and alleged influence of their neighbor. Fanning fire to the situation was the practice of the Gadiomas of throwing garbage and animal excrement into the Razon's premises. In an explosion of anger, Maria called Judge Gadioma "land grabber", "shameless", and
"hypocrite." What crime was committed by Maria, if any? Explain briefly.

Suggested Answer:

Maria committed the crime of slander or slight defamation only because she was under the influence of anger. When Maria called Judge Gadioma a hypocrite and land grabber she imputed to him the commission of crimes.


Bar Exam Question (1996)

Slander (1996)

Pia, a bold actress living on the top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to the office every Sunday morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became the talk of the town. 

1) What crime, if any, did Pia commit? Explain, 
2) What crime, if any, did the business executives commit? Explain.

Suggested Answer:

1) Pia did not commit a crime, The felony closest to making Pia criminally liable is Grave Scandal, but then such act is not to be considered as highly scandalous and offensive against decency and good customs. In the first place, it was not done in a public place and within public knowledge or view. As a matter of fact, it was discovered by the executives accidentally and they have to use binoculars to have a public and full view of Pia sunbathing in the nude.

2) The business executives did not commit any crime. Their acts could not be acts of lasciviousness [as there was no overt lustful act), or slander, as the eventual talk of the town, resulting from her sunbathing, is not directly imputed to the business executives, and besides such topic is not intended to defame or put Pia to ridicule.


Bar Exam Question (2004)

Slander vs. Criminal Conversation (2004)

Distinguish clearly but briefly between oral defamation and criminal conversation.

Suggested Answer:

Oral defamation, known as SLANDER, is a malicious imputation of any act, omission, condition, or circumstance against a person, done orally in public, tending to cause dishonor, discredit, contempt, embarrassment, or ridicule to the latter. This is a crime
against honor penalized in Art. 358 of the Revised Penal Code.

CRIMINAL CONVERSATION. The term is used in making a polite reference to sexual intercourse as in certain crimes, like rape, seduction, and adultery. It has no definite concept as a crime.

Prohibited Publication Of Acts Referred To In The Course Of Official Proceedings



ARTICLE 357

ELEMENTS:
1. That the offender is a reporter, editor or manager of a
   newspaper, daily or magazine;
2. That he publishes facts connected with the private life of
   another; and
3. That such facts are offensive to the honor, virtue and
   reputation of said person.

The prohibition to publish applies even such publication be
made in connection w/ or under the pretext that it is necessary
in the narration of any judicial or administrative proceedings
wherein such facts have been mentioned.

Art. 357 constitutes the “Gag law” which bars from publication
news reports on cases pertaining to adultery, divorce, issues
about the legitimacy of children, etc.

Source of news report may not be revealed unless court or
Congress finds such revelation is demanded by the security
of the State

This article is referred to as the Gag Law.

Under RA 1477, a newspaper reporter cannot be compelled to
reveal the source of the news report he made, UNLESS –
 
   the court or a House or committee of Congress finds that
   such revelation is demanded by the security of the state.

Libel - Defamation is in writing. Print media
Slander - is oral defamation. It can be grave orsimple

Threatening To Publish Libel And Offer To Prevent Such Publication For A Compensation


ART.356

ACTS PUNISHABLE:
1. By threatening another to publish a libel concerning him, or
   his parents, spouse, child, or other members of his family; or
2. By offering to prevent the publication of such libel for
   compensation, or money consideration.


BLACKMAIL as any unlawful extortion of money by threats of
accusation and exposure is possible in the crimes of light
threats (Art. 283) and in threat to publish libel (Art 356).

Blackmail can also be in the form of light threats, which is
punished under ARTICLE 283.

Libel By Means Of Writings Or Similar Means

Libel means by writings or similar means.

ART.355

Libel means by writings or similar means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.


The means by which libel may be committed are writing, printing, lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions, or any similar means.

Use of amplifier slander, not libel.

Television program libel.

Penalty is in addition to civil liability

Libel may be absorbed in crime of threats if intent to threaten is principal aim and object.

If defamatory remarks are made in the heat of passion which culminated in a threat, the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats.

In a libel case filed in August 2006 against RP Nuclear Solutions and blogger Abe Olandres, the Pasig City Prosecutor dismissed the charges against them because they have no participation in the creation nor authority to modify the content of the site being hosted where the allegedly libelous remarks were posted.
   
The prosecutor however ordered the filing of cases against two other respondents who never denied authorship of the posted comments.

It remains debatable when the moment of publication occurs with respect to statements made over the Internet.
   
One view holds that there is publication once the statement is uploaded or posted on a website.

The other view maintains that publication occurs only when another person gains access or reads the statement on the site.

Bar Exam Question (2002)

Libel (2002)

A. A was nominated Secretary of a Department in the Executive Branch of the government. His nomination was thereafter submitted to the Commission on Appointments for confirmation. While the Commission was considering the nomination, a group of concerned citizens caused to be published in the newspapers a full-page statement objecting to A's appointment They alleged that A was a drug dependent, that he had several mistresses, and that he was corrupt, having accepted bribes or favors from parties transacting business in his previous office, and therefore he was unfit for the position to which he had been nominated. As a result of the publication, the nomination was not confirmed by the Commission on Appointments. The
official sued the concerned citizens and the newspapers for libel and damages on account of his non-confirmation. How will you decide the case? 

Suggested Answer:

I will acquit the concerned citizens and the newspapers involved, from the crime of libel, because obviously, they made the denunciation out of a moral or social duty, and thus there is absence of malice. Since A was a candidate for a very important public position of a Department Secretary, his moral, mental and physical fitness for the public trust in such position becomes a public concern as the interest of the public is at stake. It is pursuant to such concern that the denunciation was made; hence, bereft of malice.

B. If defamatory imputations are made not by publication in the newspapers but by broadcast over the radio, do they constitute libel? Why? 

Suggested Answer:

Yes, because libel may be committed by radio broadcast. Article 355 of the Revised Penal Code punishes libel committed by means, among others, of radio broadcast, inasmuch as the broadcast made by radio is public and may be defamatory.

Bar Exam Question (2003)

Libel (2003)

During a seminar workshop attended by government employees from the Bureau of Customs and the Bureau of Internal Revenue, A, the speaker, in the course of his lecture, lamented the fact that a great majority of those serving in said agencies were utterly dishonest and corrupt. The following morning, the whole group of employees in the two bureaus who attended the seminar, as complainants, filed a criminal complaint against A for uttering what the group claimed to be defamatory statements of the lecturer. In court, A filed a motion to quash the information, reciting fully the above facts, on the
ground that no crime were committed. If you were the judge, how would you resolve the motion? 

Suggested Answer:

I would grant the motion to quash on the ground that the facts charged do not constitute an offense, since there is no definite person or persons dishonored. The crime of libel or slander, is a crime against honor such that the person or persons dishonored must be identifiable even by innuendoes: otherwise the crime against honor is not committed. Moreover, A was not making a malicious imputation, but merely stating an opinion; he was delivering a lecture with no malice at all during a seminar workshop. Malice being inherently absent in the utterance, the statement is not actionable as defamatory.

Bar Exam Question (2005)

Libel (2005)

In an interview aired on television, Cindee uttered defamatory statements against Erika, a successful and reputable businesswoman. What crime or crimes did Cindee commit? Explain. 

Suggested Answer:

Cindee committed libel for uttering defamatory remarks tending to cause dishonor or discredit to Erika. Libel can be committed in television programs or broadcasts, though it was not specifically mentioned in the article since it was not yet in existence then, but is included as "any similar means." Defamatory statements aired on television is similar to radio, theatrical exhibition or cinematographic exhibition, which are among the modes for the commission of libel. (Arts. 353 and 355, RPC)