1. Article 315(3), Estafa through fraudulent means a. Legal basis Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 3. Through any of the following fraudulent means: (a) By inducing another, by means of deceit, to sign any document. (b) By resorting…
1. Persons exempt from criminal liability Article 332. Persons exempt from criminal liability. – No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line;…
Robbery is an offense committed by any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery. 1. Concept Robbery – is an offense committed by “any person who, with intent to…
1. Libelous remarks Article 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. (Revised Penal Code) a. If made with malice For libelous…
1. Proof of truth as a defense Article 361. Proof of the truth. – In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends,…
1. Persons responsible Article 360. Persons responsible. – Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or…
1. Concept Felonies – refer to acts or omissions that are punishable by law. a. Legal basis Article 3. Definitions. – Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed…
1. Concept Aggravating circumstances – refers to circumstances which increases the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with…
1. Concept Insult or disrespect, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with insult or completely disrespected the offended party on account of his/her rank, age, or sex. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3….
1. Concept Public position, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his being a public officer or employee in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken…