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


General Rule: RPC provisions are supplementary to special laws.

   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


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



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

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)
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

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.


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..


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.


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


General Rule: Punishable only when they have been consummated

   Even if not consummated, if committed against persons or
      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


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


      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


      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
   (Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
   (Ex: attempt to flee to an enemy country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement (Ex: 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

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


Criminal Liability

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

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

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


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 :OsmeƱa Drive,
                        City of Kidapawan,
                        North Cotabato

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





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

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

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)
      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.
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


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)
      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


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.


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.

RPC When Act Takes Effect February 1, 1932

When Act Takes Effect


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
      a. Treaty Stipulation
      b. Laws of Preferential Application
      c. Principles of Public International Law

(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

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.

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

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 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

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


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.

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


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


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.

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
Board Exam Schedule

Update: Criminology Board Exam Schedule 2019

Criminology Board Exam Schedule April 2015

The Next Criminology Board Examination is set to take place on April 7, 8 and 9, 2015. That is on Tuesday, Wednesday and Thursday.

If You are a repeat examinee, the deadline for submitting your application to take the board exam is on March 11, 2015.

If You are a first time examinee, the deadline for submitting your application to take the board exam is on March 18, 2015.

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

Criminology Board Exam Venue
The last criminology board exam was held in the following places:
      1. Baguio City
      2. Cagayan De Oro City
      3. Cebu City
      4. Davao City
      5. Iloilo City
      6. Legazpi City
      7. Lucena City
      8. Tacloban City
      9. Tuguegarao City
      10.Pagadian City

Please take note that this may change at any time.

For further inquiries, you may inquire in 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


            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 visit their office

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 fall back.

Review materials are posted on the Internet by various criminology professors, 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.

Persons Responsible Libel


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 which publishes a libelous
   article with his consent and all other persons, who in any
   way participate in or have connection with its publication.

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 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


Slander By Deed


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 offended party, the circumstances surrounding the act, the

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 circumstance provided in Art. 335 on rape (i.e. use of
   force or intimidation; deprivation of reason or rendering
   the offended unconscious; or if offended party was under
   12 years old, together with lewd designs)

ALSO of two kinds:
                   Grave: of a serious nature





Slander - Oral Defamation


1. Grave slander - defamation is of a serious and insulting
2. Simple slander - light insult or defamation.

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.

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


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


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


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.2
   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

Requirement of Publicity

Requirement of Publicity


Kinds of privileged communication:
1. Absolutely privileged – not actionable even if the actor has acted in bad faith;
2. Qualifiedly privileged – those which, although containing defamatory imputations, are not actionable unless made with malice or bad faith.

General Rule: Every defamatory imputation is presumed malicious, even if it be true, if no good intention and justifiable motive for making it is shown.

1. private communication in performance of legal, moral or social duty
2. Requisites:

a. That the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld;
b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; and
c. That the statements in the communication are made in good faith without malice in fact.

3. fair and true report of official proceedings, made in good faith, without any comments and remarks

4. Requisites:
a. That the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks

Prosecution must prove malice in fact to convict the accused in case of qualified privileged communication.

The privilege simply does away with presumption of malice.

Absolute Privileged Communication: not actionable even if done in bad faith – statements made by members of Congress in discharge of functions, Judicial Proceedings when pertinent and relevant to subject of inquiry

Qualified privilege is lost by proof of malice

Applying to wrong person due to honest mistake does not take case out of the privilege

Unnecessary publicity destroys good faith

Defense of privileged communication in paragraph 1: will be rejected if it is shown that accused acted with malice in fact and there is no reasonable ground for believing the charge to be true(for example, no personal investigation made; probable cause in belief is sufficient)

Malice in fact: rivalry or ill-feeling existing at date of publication, intention to injure the reputation of
offended party, motivated by hate and revenge

In proceedings, communication/ pleadings/others must be pertinent and material to subject matter to be covered by privilege.

Only matters which are not confidential in nature may be published.

Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if defendant proves the truth of imputation; any attack upon private character on matters not related to discharge of official duties may be libelous.

Conduct related to discharge of duties of public officers are matters of public interest.

Mental, moral and physical fitness of candidates for public office may be object of criticism; criticism – does not follow a public man into his private life and domestic concerns.

Statements made in self defense or in mutual controversy are often privileged; person libeled is justified to hit back with another libel.

However, retaliation and vindictiveness cannot be basis of self-defense in defamation; self-defense must be on matters related to imputations made on person invoking defense.

He who published what is true, and in good faith and for justifiable ends, incurs no responsibility.

Banks That Offer The Best Time Deposit Rate In The Philippines

best time deposit philippines
Time Deposit Rates

Time Deposit Rates Philippines

What are the banks in the Philippines that offers a very good
interest rates on time deposits?

When I took my vacation to the Philippines from the Middle East
last March 2014, I decided to try putting my money in a time
deposit. Here is what I found out. The Best bank to offer the
best rate on time deposit is China Bank and UCPB. Posted here
under are time  deposit rates of the banks I inquired into.

1. BDO - Banco De Oro - Time Deposit Rates
      Minimum Deposit - P1,000
      Rate for 30 days - 0.250%
               60 days - 0.250%
               90 days - 0.250%
              180 days - 0.500%
              360 days - 0.500%

2. BPI - Bank of the Philippine Island - Time Deposit Rates

      Minimum Deposit - P50,000
      Rate for 35 days - 0.25000%
               63 days - 0.25000%
               91 days - 0.25000%
              182 days - 0.31250%
              364 days - 0.50000%

3. Metrobank - Time Deposit Rates

      Minimum Deposit - P10,000
      Rate for 30 days - 0.250%
               60 days - 0.250%
               90 days - 0.250%
              180 days - 0.500%
              360 days - 0.500%

4. Land Bank - Time Deposit Rates

      Minimum Deposit - P1,000
      Rates - I need to go to their branch to inquire, as their
              website mentioned nothing about rates.

5. PNB - Philippine National Bank - Time Deposit Rates

      Minimum Deposit - P10,000
      Rate for 30 days - 0.1250%
               60 days - 0.1875%
               90 days - 0.2500%
              180 days - 0.3750%
              360 days - 0.6250%  

6. Union Bank - Time Deposit Rates

      Minimum Deposit - P50,000
      Rate - I need to go to their branch to inquire, as their
             website mentioned nothing about rates.  

7. China Bank - Time Deposit Rates

      Minimum Deposit - P5,000
      Rate for 90 days - .875%
              180 days - .875%
              360 days - .875%

8. Security bank - Time Deposit Rates

      Minimum Deposit - P10,000
      Rate for 30 days - .250%
               60 days - .250%
               90 days - .250%
              180 days - .250%
              360 days - .250%

9. UCPB - United Coconut Planters Bank - Time Deposit Rates

      Minimum Deposit - P10,000
      Rate for 30 days - 0.5000%
               60 days - 0.5000%
               90 days - 0.5000%

10.EastWest Bank - Time Deposit Rates

      Minimum Deposit - P10,000
      Rate for 30 days - 0.250%
               60 days - 0.250%
               90 days - 0.250%
              180 days - 0.250%
              360 days - 0.2500%

Definition Of Libel/Defamation


1. That there must be an imputation of a crime, or of a vice or
   defect, real or imaginary, or any act, omission, condition,
   status, or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural or
   juridical person, or one who is dead;
5. That the imputation must tend to cause the dishonor,
   discredit or contempt of the person defamed.

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

Kinds of malice:
   (a) malice in law – that which should be proved, or
   (b) malice in fact – that which may be taken for granted
       due to the grossness of the imputation.

Defamation is the proper term for libel as used in Article 353

Defamation: may be libel or slander

No distinction between calumny, insult, and libel: all kinds
of attack against honor and reputation is punished

Malice is presumed to exist in injurious publications.

Publication is the communication of the defamatory matter to
some third person/s.

Person libeled must be identified. But the publication need not
refer by name to the libeled party. If not named it must be
shown that the description of the person referred to in the
defamatory publication was sufficiently clear so that at least
a 3rd person would have identified the offended party.

It is essential that the victim be  identifiable, although  it
is  not  necessary that he be named.

Meaning of writer immaterial

Defamatory remarks directed at a group of persons are not
actionable unless the statements are all embracing or
sufficiently specific for each victim to be identifiable.

There are as many counts of libel as there are persons defamed.

To presume publication, there must be a reasonable probability
that the alleged libelous matter was thereby exposed to be
read or seen by 3rd persons.

In libel, the false accusation need not be made under oath.
Perjury requires that the false accusation is made under oath

Seditious libel is punished under Article 142

Criteria to determine whether statements are defamatory:
1. Words are calculated to induce the hearers to suppose
   and understand that the person against whom they are
   uttered were guilty of certain offenses, or are
   sufficient to impeach their honesty, virtue or reputation,
   or to hold the person up to public ridicule; and (US v O’Connel)

2. Words are construed not only as to the expression used but
   also with respect to the whole scope and apparent object
   of the writer. (People vs. Encarnacion)

There is no crime if the defamatory  imputation is not published,
meaning, it is not communicated to a third  person.

People v. Velasco (2000)
DOCTRINE OF FAIR COMMENT: Fair commentaries on matters of
public and interest are privileged constitute a valid defense in an
action for libel or slander.

      In order that a discreditable imputation to a public
      official may be actionable, it must either be:
         - A false allegation of fact; OR
         - A comment based on a false supposition.

Ayer Productions v. Capulong (1988)
   PUBLIC FIGURE – one who, by his accomplishments, fame, mode
   of living, OR by adopting a profession or calling which gives the
   public a legitimate interest in his doings, his affairs and
   his character, has become a “public personage”

Borjal v. CA (1999)
   For a statement to be considered malicious, it must be shown
   that it was written or published with the knowledge that they
   are false OR in reckless disregard of WON they were false

   RECKLESS DISREGARD – the defendant entertains serious
   doubt as to the truth of the publication, OR that he possesses a high
   degree of awareness of their probable falsity

   To avoid self-censorship that would necessarily accompany
   strict liability for erroneous statements, rules governing
   liability for injury to reputation are required to allow an
   adequate margin of error by protecting some inaccuracies.

Performance Of Illegal Marriage Ceremony


Act punished:

1.Performance or authorization by a priest or minister of any
  religious denomination or sect or by civil authorities of
  any illegal marriage ceremony.

2. But a clergyman who performed a marriage ceremony without
   knowledge of the minority of one of the parties is not liable.

   - Priests or ministers of any religious denomination or sect, or
   - civil authorities who shall perform or authorize any
     illegal marriage ceremony

Premature Marriages

Premature Marriages


1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death.

2. A woman whose marriage having been dissolved or annulled, married before her delivery, or w/in 301 days after the date of the legal separation.

The purpose of the law in punishing the foregoing acts is to prevent doubtful paternity.

The Supreme Court considered the reason behind making such marriages within 301 days criminal, that is, because of the probability that there might be a confusion regarding the paternity of the child who would be born.

If this reason does not exist because the former husband is impotent, or was shown to be sterile such that the woman has had no child with him, that belief of the woman that after all there could be no confusion even if she would marry within 301 days may be taken as evidence of good faith and that would negate criminal intent.

Marriage Contracted Against Provisions Of Laws


1. Offender contracted marriage;
2. He knew at the time that –
   a. The requirements of the law were not complied with; or
   b. The marriage was in disregard of a legal impediment.

Circumstance qualifying the offense: if either of the
contracting parties obtains the consent of the other by means
of violence, intimidation or fraud.

Bigamy is a form of illegal marriage. Illegal marriage includes
also such other marriages which are performed without complying
with the requirements of law, or marriages where the consent of
the other is vitiated, or such marriage which was solemnized by
one who is not authorized to solemnize the same.




1. That the offender has been legally married;
2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage; and
4. That the second or subsequent marriage has all the essential requisites for validity.

The crime of bigamy does not fall within the category of private crimes. Hence, it can be prosecuted even w/o the initiative of the offended party.

The fact that the 1st marriage is void from the beginning is not a defense in a bigamy charge. There is a need for judicial declaration of the nullity of the 1st marriage. Similarly,
there must also be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage.

Failure to exercise due diligence to ascertain the whereabouts of the 1st wife and the husband’s remarriage is bigamy through reckless imprudence.

One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses.

The second spouse is not necessarily liable for bigamy.

One who falsely vouches for the capacity of the either of the contracting parties knowing that one of the parties is already married is an accomplice.

A pardon by the offended party does not extinguish criminal action considering that a crime is committed against the State and the crime of Bigamy is a public offense which can be denounced not only by the person affected thereby but even by a civic-spirited citizen who may come to know the same.

Good faith is a defense in bigamy.

A judicial declaration of the nullity of a marriage, that is, that the marriage was void ab initio, is now required.

1994 Bar Exam Question on Bigamy