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…
Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or guardians after being entrusted custody. 1. Concept Kidnapping and failure to return a minor – refers to the offense of deliberately failing to restore a minor to the latter’s parents or…
Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. 1. Concept Unlawful arrest – refers to the offense of arresting or detaining another without any authorization or reasonable ground, to deliver the latter to the proper authorities. The…
Arson refers to the malicious burning of property by means of fire. 1. Concept Arson – is the malicious burning of property. (People v. Soriano, G.R. No. 142565, July 29, 2003, Per Bellosillo, J.) Arson – is defined as the malicious destruction of property by fire. (People v. Acosta, G.R. No. 126351, February 18, 2000)…
Malicious mischief refers to the offense of deliberately causing damage to another’s property for mere sake of doing so and such act does not constitute arson or other crimes involving damage to property. 1. Concept Malicious mischief – is the crime committed by a person who shall deliberately cause to the property of another any…
Removal of mortgaged property refers to the offense of knowingly removing personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or the latter’s executors, administrators or…