Crim2 Final Exam Notes

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  TITLE ELEVEN: CRIMES AGAINST CHASTITY A. ELEMENTS OF ADULTERY: (333)  1.   That the woman is married (even if marriage subsequently declared void) 2.   That she has sexual intercourse with a man not her husband. 3.   That as regards the man with whom she has sexual intercourses, he must know her to be married. B. ELEMENTS OF CONCUBINAGE: (334)  1.   That the man must be married. 2.   That he committed any of the following acts: 1.   Keeping a mistress in the conjugal dwelling. 2.   Having sexual intercourse under scandalous circumstances with a woman who is not his wife. 3.   Cohabiting with her in any other place. 3.   That as regards the woman she must know him to be married. C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)  1.   That the offender commits any act of lasciviousness or lewdness. 2.   That it is done under any of the following circumstances: 1.   by using force or intimidation, or 2.   when the offended party is deprived of reason or otherwise unconscious, or 3.   when the offended party is under 12 years of age. 3.   That the offended party is another person of either sex. D. QUALIFIED SEDUCTION OF A VIRGIN: (337)   Two classes of qualified seduction:  1.   Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and 2.   Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) Elements:  1.   That the offended party is a virgin, which is presumed if she unmarried and of good reputation. 2.   That she must be over 12 and under 18 years of age. 3.   That the offender has sexual intercourse with her. 4.   That there is abuse of authority, confidence or relationship on the part of the offender ( person entrusted with education or custody of victim; person in public authority, priest; servant) Persons liable:  1.   Those who abuse their authority: a.   persons in public authority b.   guardian c.   teacher d.   person who, in any capacity, is entrusted with the education or custody of the woman seduced 2.   Those who abused the confidence reposed in them: a.   priest b.   house servant c.   domestic 3.   Those who abused their relationship: a.   brother who seduced his sister b.   ascendant who seduced his descendant E. ELEMENTS OF SIMPLE SEDUCTION: (338)  1.   That the offended party is over 12 and under 18 years of age. 2.   That she must be of good reputation, single or widow. 3.   That the offender has sexual intercourse with her. 4.   That it is committed by means of deceit. F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)  1.   that the offender commits acts of lasciviousness or lewdness. 2.   That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3.   that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. G. ELEMENTS OF CORRUPTION OF MINORS: (340)  Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another H. ELEMENTS OF WHITE SLAVE TRADE: (341)   Acts penalized  1. Engaging in the business of prostitution 2. Profiting by prostitution 3. Enlisting the servicxe of women for the purpose of prostitution I. ELEMENTS OF FORCIBLE ABDUCTION: (342)  1.   That the person abducted is any woman, regardless of her age, civil status, or reputation. 2.   That the abduction is against her will. 3.   That the abduction is with lewd designs. Crimes against chastity where age and reputation of victim are immaterial:  rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction. J. ELEMENTS OF CONSENTED ABDUCTION: (343)  1.   That the offended party must be a virgin. 2.   That she must be over 12 and under 18 years of age. 3.   That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4.   That the taking away of the offended party must be with lewd designs. K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344)  1.   Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse 2.   Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by: a.   offended party b.   by her parents c.   grandparents d.   guardians in the order in which they are named above L. Civil liability of persons guilty of rape, seduction or abduction (345)  1.   To idemnify the offended women 2.   To acknowledge the offspring, unless the law should prevent him from doing so 3.   In every case to support the offspring M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)   TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS OF PERSONS A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347)   Acts Punished:  1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites:  1.   The child must be legitimate 2.   The offender conceals or abandons such child 3.   The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth:  1.   Child is baptized or registered in the Registry of birth as hers 2.   Child loses its real status and acquiires a new one 3.   Actor’s purpose was to cause the loss of any trace as to the child’s true filiation   B. USURPATION OF CIVIL STATUS: (348)  1.   Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person 2.   There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto 3.   Committed by asuming the filiation, or the parental or conjugal rights of another 4.   Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs. C. ELEMENTS OF BIGAMY: (349)  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.  4.   That the second or subsequent marriage has all the essential requisites for validity. Notes:      The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party    A simulated marriage is not marriage at all and can be used as a defense for bigamy    There must 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 1 st  wife is bigamy through reckless imprudence    A judicial declaration of the nullity of a marriage void ab initio is now required    One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350)  1.   That the offender contracted marriage. 2.   That he knew at the time that 1.   the requirement of the law were not complied with, or 2.   The marriage was in disregard of a legal impediment. Note : Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. E. ELEMENTS OF PREMATURE MARRIAGE: (351)  Acts punished: 1.   A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death 2.   A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation. F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352)  Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities TITLE THIRTEEN:   CRIMES AGAINST HONOR   A. ELEMENTS OF LIBEL DEFAMATION: (353)  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 circumstances. 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. Notes:      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; (b) malice in fact    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 3 rd  person would have identified the plaintiff.    There are as many crimes as there are persons defamed.    To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3 rd  persons. Criterion to determine whether statements are defamatory  1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule( US v O’Connel  ) 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.( P v Encarnacion ) Libel   Perjury  -false accusation need not be made under oath -false accusation is made under oath Newsweek v IAC   Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for victim to be identifiable. An action for libel allegedly directed against a group of sugar planters cannot be done by resort to filing a class suit as each victim has his specific reputation to protect. In this case, each of the plaintiffs has a separate and distinct reputation in the community. A. REQUIREMENT OF PUBLICITY: (354)   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 could not be 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 Exception:  1.   private communication in performance of legal, moral or social duty Absolutely privileged  1.   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 2.   that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter 3.   that the statements in the communication are made in good faith without malice in fact 4.   fair and true report, made in good faith, without any comments and remarks Qualifiedly privileged:  1.   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 2.   that it is made in good faith 3.   that it is made without any comments or remarks B. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355)   Note:  Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means C. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356)   Note : Clearly, just a case of blackmail-any unlawful extortion of money by threats of accusation and exposure- possible in light threats Art 283 and in threat to publish Art 356. D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357)  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. 3.   That such facts are offensive to the honor, virtue and reputation of said person. Note:  Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)  1.   action of a serious and insulting nature (Grave slander)  2.   light insult or defamation –  not serious in nature (simple slander) Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Notes:  Words uttered in the heat of anger constitute light oral defamation ( P v Doronilla ) If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant, oral defamation is committed (P v Salleque ) F. ELEMENTS OF SLANDER BY DEED: (359)  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. 3.   That such act casts dishonor, discredit or contempt upon the offended party. Notes:  a. Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put her to dishonor, contempt and ridicule. ( P v Costa ) Distinctions :  a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification. b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt. c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape PERSONS RESPONSIBLE FOR LIBEL (360)  1) Who are liable a. person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means(par.1) b. author or editor of a book or pamphlet c. editor or business manager of a daily newspaper magazine or serial publication(par.2) d. 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 ( US v Ortiz  ) PROOF OF THE TRUTH (361)   Admissible when:  a. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer b. 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:  a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. it was published with good motives and for a justifiable end (for situation 1 only) LIBELOUS REMARKS (362)  Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor. *This article is a limitation to the defense of privileged communication. INCRIMINATING INNOCENT PERSON: (363)  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. 3.   That such act does not constitute perjury. Two Kinds:  a. making a statement which is i. defamatory or ii. perjurious (if made under oath and is false) b. planting evidence INTRIGUING AGAINST HONOR (364)   How committed:  -by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person Notes:  a. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. b. Committed by saying to others an unattributable thing, if said to the person himself it is slander. RA4200 The Anti-WireTapping Act   Acts punished:  1) any person, not authorized by all the parties to any private communication or spoken word a) taps any wire of cable OR b) uses any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or walkie talkie or tape recorder 2) any person, whether or not a participant in the above-mentioned acts: a) knowingly possesses any tape record, wire record, disc record, or any other such record or copies thereof of any communication or spoken word b) replays the same for any other person c)communicates the contents thereof, whether complete or partial, to any other person Notes:  a. Peace officer is exempt if acts done under lawful order of the court. You can only use the recording for the case for which it was validly requested. b. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation. c . Gaanan v IAC   An extension phone is not one of those prohibited under RA 4200. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept or record the spoken words. The extension phone was not installed for such purpose. ELEMENTS OF RECKLESS IMPRUDENCE: (365)  1.   That the offender does or fails to do an act. 2.   That the doing of or the failure to do that act is voluntary. 3.   That it be without malice. 4.   That material damage results. 5.   That there is inexcusable lack of precaution on the part of the offender, taking into consideration a.   his employment or occupation b.   degree of intelligence, physical condition, and c.   other circumstances regarding persons, time and place. ELEMENTS OF SIMPLE IMPRUDENCE: (365)  1.   That there is lack of precaution on the part of the offender. 2.   That the damage impending to be caused in not immediate or the danger is not clearly manifest. Last clear chance doctrine -  The contributory negligence of the injured party will no t defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency rule-  An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. P v Carillo  13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack that caused brain damage. HELD: Guilty of simple negligence resulting to homicide. Carillo was the anesthesiologist, he and his co-accused failed to monitor and provide close patient care, to inform the parents of the child’s true condition, to prove that they exercised necessary and appropriate degree of care and diligence to prevent the condition.
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