Smarp Snapshot 210 -- Google's Social Media Ad Fraud & Disinformation Strategy
CRMIMINAL LAW FINAL.pptxkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk
1. Art. 266-A RAPE
•When and How rape is
committed?
•Rape can be committed
in either 2 modes.
2. •First mode – Rape by
sexual intercourse
•Second mode – Rape by
sexual assault
3. •First Mode: Rape through
sexual intercourse
without consent of the
woman: (Rape by Sexual
Intercourse)
4. Elements of 1st Mode
1.Offender is a person;
2.Offender had carnal
knowledge of another
person;
3.Such act is accomplished
under any of the following
circumstances:
5. a. By using force, threat or
intimidation;
b. When the offended party is
deprived of reason or is
otherwise unconscious;
c. By means of fraudulent
machination or grave abuse of
authority;
d. When the offended party is
under 12 years of age or is
demented.
7. Elements of 2nd Mode
1. Offender commits an act of
sexual assault;
2. The act of sexual assault is
committed by any of the
following means:
8. a.By inserting his penis into
another person's mouth or
anal orifice; or
b.By inserting any instrument
or object into the genital or
anal orifice of another person;
3. The act of sexual assault is
accomplished under any of the
following circumstances:
9. a.By using force or intimidation; or
b.When the offended party is
deprived of reason or otherwise
unconscious; or
c.By means of fraudulent
machination or grave abuse of
authority; or
d.When the offended party is
under 12 years of age or
demented.
11. 2. Sexual assault
a. It can be committed by any
person, that is, if a woman or a
man uses an instrument on anal
orifice of male, she or he can be
liable for rape.
b. Inserting a finger inside the
genital of a woman is rape
through sexual assault within the
context of ‘object’.
12. •A soldier raped a 19-year old
student by poking a knife on
her neck. Only a portion of his
penis entered her vagina
because the victim kept on
struggling until she was able
to scape. Is the accused can
be convicted of frustrated
rape?
13. •Complete penetration is NOT
necessary. The slightest
penetration— contact with the
labia — will consummate the rape.
There is NO crime of FRUSTRATED
RAPE because in rape, from the
moment the offender has carnal
knowledge of the victim, he
actually attains his purpose, all the
essential elements of the offense
have been accomplished.
14. •The accused had his penis
down and was on top of the 4-
year old child when the
child’s mother arrived.
Medical findings showed no
signs of genital injury and the
victim’s hymen was intact.
15. •For rape to be consummated,
a slight brush or scrape of the
penis on the external layer of
the vagina will not suffice.
Mere touching of the external
layer of the vagina without
the intent to enter the same
cannot be construed as slight
penetration. Accused is only
liable for ATTEMPTED RAPE.
17. Art. 267. Kidnapping and
Serious Illegal Detention
•Any private individual who
shall kidnap or detain
another, or in any other
manner deprive him of his
liberty, shall suffer the
penalty of reclusion perpetua
to death:
18. Elements of Kidnapping
and Serious Illegal
Detention
1. Offender is a private
individual;
2. He kidnaps or detains
another, or in any other
manner deprives the latter of
his liberty;
19. 3. The act of detention or
kidnapping must be illegal;
4. In the commission of the
offense, any of the following
circumstances is present:
a.The kidnapping lasts for
more than 3 days;
b.It is committed simulating
public authority;
20. c. Any serious physical
injuries are inflicted upon the
person kidnapped or detained
or threats to kill him are
made; or
d. The person kidnapped or
detained is a minor, female, or
a public officer.
21. Art. 248 Slight Illegal
Detention
1. Offender is a private
individual;
2. He kidnaps or detains
another, or in any other
manner deprives the latter
of his liberty;
22. 3. The act of detention or
kidnapping must be illegal;
4. That the crime is committed
without the attendance of any
of the circumstances
enumerated in the Article 267.
23. •The essential element of
kidnapping is the deprivation of
the offended party’s liberty
under any of the four instances
enumerated. But when the
kidnapping was committed for
the purpose of extorting
ransom, it is not necessary that
one or any of circumstances
enumerated be present.
24. •The penalty shall be death
where the kidnapping or
detention was committed for
the purpose of extorting
ransom from the victim or any
other person, even if none of
the circumstances above-
mentioned were present in
the commission of the
offense.
25. Art. 270 Kidnapping and
failure to return a minor
•The penalty of reclusion
perpetua shall be imposed
upon any person who, being
entrusted with the custody of a
minor person, shall deliberately
fail to restore the latter to his
parents or guardians.
26. Elements of Kidnapping and
failure to return a minor
1.Offender is entrusted with the
custody of a minor person
(whether over or under seven
years but less than 18 years of
age).
2.He deliberately fails to restore
the said minor to his parents or
guardians.
27. Art. 269 Unlawful Arrest
•The penalty of arresto mayor
and a fine not exceeding 500
pesos shall be imposed:
1.That the offender arrests or
detains another person;
28. 2. That the purpose of the
offender is to deliver him to
the proper authorities;
3. That the arrest or detention
is not authorized by law or
there is no reasonable ground
therefor.
30. Art. 280 Qualified
Trespass to Dwelling
• Any private person who shall
enter the dwelling of another
against the latter's will shall
be punished by arresto mayor
and a fine not exceeding
1,000 pesos.
31. Elements of Qualified
Trespass to Dwelling
1.That the offender is private
person.
2.That he enters the dwelling
of another.
3.That such entrance is
against the latter’s will.
32. •The provisions of this article
shall not be applicable to any
person who shall enter
another's dwelling for the
purpose of preventing some
serious harm to himself, the
occupants of the dwelling or
a third person,
33. nor shall it be applicable to
any person who shall enter a
dwelling for the purpose of
rendering some service to
humanity or justice, nor to
anyone who shall enter cafes,
taverns, inn and other public
houses, while the same are
open.
34. Art. 282 Grave Threats
•Any person who shall
threaten another with the
infliction upon the person,
honor or property of the latter
or of his family of any wrong
amounting to a crime.
35. Elements of Grave
Threats
1.Offender threatens another
person with the infliction
upon the latter’s person,
honor or property, or upon
that of the latter’s family, of
any wrong.
36. 2. Such wrong amounts to a
crime.
3. There is a demand for
money or that any other
condition is imposed, even
though not unlawful.
4. Offender attains/does not
attain his purpose.
37. Art. 283. Light Threats
• Any threat to commit a
wrong not constituting a
crime, made in the manner
expressed in subdivision 1 of
the next preceding article,
shall be punished by arresto
mayor.
39. 3. That there is a demand for
money or that other condition
is imposed, even though not
unlawful.
4. That the offender has
attained his purpose or, that
he has not attained his
purpose.
40. Art. 286. Grave
Coercions
•The penalty of arresto mayor
and a fine not exceeding 500
pesos shall be imposed upon
any person who, without
authority of law,
41. shall, by means of violence,
prevent another from doing
something not prohibited by
law, or compel him to do
something against his will,
whether it be right or wrong.
42. Two ways of committing
Grave Coercion:
1.Preventive – Preventing
another, by means of
violence, threats, or
intimidation, from doing
something not prohibited by
law
43. 2. Compulsive – Compelling
another, by means of violence,
threats, or intimidation, to do
something against his will,
whether it be right or wrong
44. Elements of Grave
Coercions
1. That a person prevented
another from doing something
not prohibited by law, or that
he compelled him to do
something against his will, be
it right or wrong.
45. 2. That the prevention or
compulsion be affected by
violence, threats or
intimidation; and
46. 3. That the person that
restrained the will and liberty
of another had not the
authority of law of the right to
do so, or, in other words, that
the restraint shall not be made
under authority of law or in
the exercise of any lawful
right.
47. Art. 287-A Light Coercions
•Any person who, by means of
violence, shall seize anything
belonging to his debtor for the
purpose of applying the same to
the payment of the debt, shall
suffer the penalty of arresto mayor
in its minimum period and a fine
equivalent to the value of the thing,
but in no case less than 75 pesos.
49. 3. That the seizure of the thing
be accomplished by means of
violence or a display of
material force producing
intimidation.
4. That the purpose of the
offender is to apply the same
to the payment of the debt.
50. Art. 287-B Unjust Vexation
•Defined as any human conduct,
without violence, that unjustly
annoys an innocent person. The
test is whether the offender’s
act causes annoyance,
irritation, torment, distress or
disturbance to the mind of the
person to whom it is directed.
51. Elements of Unjust
Vexation
1.There is human conduct that
unjustly annoys or irritates
another person;
2.Such human conduct was
not attended with violence;
52. 3. Such human conduct
caused annoyance, irritation,
torment, distress, or
disturbance to the mind of the
person to whom it is directed;
and
4. The offender acted with
criminal intent.
54. Art. 293 Who are guilty
of robbery?
•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.
55. Definition of Robbery
•It is the taking of personal
property belonging to
another, with intent to gain,
by means of violence against,
or intimidation of any person,
or using force upon anything.
57. Elements of Robbery
1.That there be personal
property, belonging to
another.
2.That there is unlawful taking
of that property.
3.That the taking must be with
intent to gain; and
58. 4. That there is violence
against or intimidation of any
person, or force upon
anything.
59. Art. 306 Brigandage
1.That there are least four
armed persons;
2.That they formed a band of
robbers;
3.That the purpose is any of
the following :
60. a.To commit robbery in the
highway;
b.To kidnap persons for the
purpose of extortion or to
obtain ransom;
c.To attain by means of force
and violence any other
purpose.
61. Art. 308 Theft?
•Theft is committed by any
person who, with intent to gain
but without violence against or
intimidation of persons nor
force upon things, shall take
personal property of another
without the latter's consent.
62. Elements of Theft
1.That there be taking of
personal property.
2.That said property belongs
to another.
3.That the taking be done with
intent to gain.
63. 4. That the taking be done
without the consent of the
owner.
5. That the taking be
accomplished without the use
of violence against or
intimidation of persons or
force upon things.
64. Persons Liable of
Theft
1.Those who, with intent to
gain, without violence
against or intimidation of
persons nor force upon
things, take personal
property, of another without
the latter’s consent.
65. 2. Those who, having found
lost property, fail to deliver the
same to the local authorities
or to its owner.
3. Those who, after having
maliciously damaged the
property of another, remove or
make use of the fruits or
object of the damage caused
by them.
66. 4. Those who enter an
enclosed estate or field where
trespass is forbidden or which
belongs to another and,
without the consent of its
owner, hunt or fish upon the
same or gather fruits, cereals,
or other forest or farm
products.
67. Art. 310 Qualified Theft
•The qualified theft is
committed by a domestic
servant, or with grave abuse
of confidence, or if the
property stolen is motor
vehicle, mail matter or large
cattle or consists of coconuts
68. taken from the premises of the
plantation or fish taken from a
fishpond or fishery, or if
property is taken on the
occasion of fire, earthquake,
typhoon, volcanic eruption, or
any other calamity, vehicular
accident or civil disturbance.
69. Elements of Qualified Theft
1.Committed by a domestic
servant.
2.If the theft is committed
with grave abuse of
confidence.
70. 3. The property stolen is:
a. motor vehicle
b. mail matter, or
c. large cattle.
4. The property stolen
consists of coconuts taken
from the premises of a
plantation.
71. 5. The property stolen is fish
taken from a fishpond or
fishery.
6. The property is taken on the
occasion of fire, earthquake,
typhoon, volcanic eruption, or
any other calamity, vehicular
accident or civil disturbance.
72. Art. 315 Swindling
(estafa)
•Any person who shall defraud
another by any of the means
mentioned here in below:
1.That the accused defrauded
another by:
73. a. abuse of confidence, or
b. by means of deceit; and
2. The damage or prejudice
capable of pecuniary
estimation is caused to the
offended party or third person.
74. Elements of estafa with
unfaithfulness
1. Offender has an onerous
obligation to deliver
something of value.
2. He alters its substance,
quantity, or quality
3. Damage or prejudice is
caused to another
75. Elements of estafa with
abuse of confidence
1.Money, goods, or other
personal property is received
by the offender in trust, or in
commission, or for
administration, or under any
other obligation involving the
76. duty to make delivery of, or to
return, the same;
2. There is misappropriation or
conversion of such money or
property by the offender, or
denial on his part of such
receipt;
77. 3. Such misappropriation or
conversion or denial is to the
prejudice of another; and
4. There is a demand made by
the offended party to the
offender
78. Elements of taking
advantage of signature
in blank
1.Paper with the signature of
the offended party is in
blank.
2. Offended party delivered it
to the offender.
79. 3. Above the signature of the
offended party a document is
written by the offender
without authority to do so.
4. The document so written
creates a liability of, or causes
damage to, the offended party
or any third person.
80. Elements of estafa by
means of false pretenses
or fraudulent acts:
1.That the offender employs
any of the following false
pretenses, fraudulent acts of
fraudulent means:
81. a.Using fictitious name;
falsely pretending to possess
power, influence,
qualifications, property,
credit, agency, business or
imaginary transactions; or by
means of other similar
deceits;
82. b. Altering the quality, fineness,
or weight of anything pertaining
to his art or business;
c. Pretending to have bribed
any government employee,
without prejudice to the action
for calumny which the offended
party may deem proper to bring
against the offender;
83. d. Postdating a check, or
issuing a check in payment of
an obligation when the
offender had no funds or
insufficient funds in the bank;
e. Obtaining any food,
refreshment or
accommodation at a hotel, inn,
restaurant, boarding house,
84. lodging house, or apartment
house and the like without
paying therefore, with intent
to defraud the proprietor or
manager thereof; or by
obtaining credit at the
aforesaid establishments by
the use of any false pretense;
or by abandoning or
85. surreptitiously removing any
part of his baggage from said
establishments after obtaining
credit, food, refreshment, or
accommodation therein
without paying for his food,
refreshment or
accommodation
86. Elements of estafa by
inducing another to sign
any document:
1.That the offender induced
the offended party to sign a
document;
87. 2. That the deceit be
employed to make him signed
the document
3. That the offended party
personally signed the
document;
4. That prejudice be caused.
88. Elements of estafa by
resorting to some
fraudulent practice to
insure success gambling:
1.That the offender
participates in a gambling
game;
89. 2. That he resorts to some
fraudulent practice to insure
success at the gambling
game.
90. Elements of estafa by
removing, concealing or
destroying documents:
1.That there be court record,
office files, documents or
any other papers;
91. 2. That the offender removed,
concealed or destroyed any of
them;
3. That the offended had
intent to defraud another.
92. Art. 320 Arson
•It is defined as the malicious
destruction of real property
by means of fire. It is a crime
committed by a person who
burns or sets fire to the
property of another,
93. or who sets fire to his own
property under circumstances
which exposes to danger the
life or property of another.
94. 2 Categories of Arson
•Destructive Arson under
Art. 320 of the RPC
•Simple Arson under P.D No.
1316
95. Destructive Arson
•The penalty of reclusion
temporal in its maximum
period to reclusion perpetua
shall be imposed upon any
person who shall burn:
1.One or more buildings or
edifices, consequent to one
96. single act of burning or as a
result of simultaneous
burnings, or committed on
several or different occasions;
2. Any building of public or
private ownership, devoted to
the public in general or where
people usually gather or
congregate for a definite
purpose such as
97. but not limited to official
governmental function or
business, private transaction,
commerce, trade workshop,
meetings and conferences, or
merely incidental to a definite
purpose such as but not
limited to hotels, motels,
transient dwellings,
98. public conveyance or stops or
terminals, regardless of
whether the offender had
knowledge that there are
persons in said building or
edifice at the time it is set on
fire and regardless also of
whether the building is
actually inhabited or not.
99. 3. Any train or locomotive,
ship or vessel, airship or
airplane, devoted to
transportation or conveyance,
or for public use,
entertainment or leisure.
100. 4. Any building, factory,
warehouse installation and
any appurtenances thereto,
which are devoted to the
service of public utilities.
101. 5. Any building the burning of
which is for the purpose of
concealing or destroying
evidence of another violation
of law, or for the purpose of
concealing bankruptcy or
defrauding creditors or to
collect from insurance.
102. Simple Arson
1.Any building used as offices
of the government or any of
its agencies;
2. Any inhabited house or
dwelling;
3.Any industrial
establishment, shipyard,
103. oil well or mine shaft, platform
or tunnel;
4. Any plantation, farm,
pastureland, growing crop,
grain field, orchard, bamboo
grove or forest;
104. 5. Any rice mill, sugar mill,
cane mill or mill central; and
6. Any railway or bus station,
airport, wharf or warehouse.
105. •Any person who burns or sets
fire to the property of another
shall be punished by Prision
Mayor.
•The same penalty shall be
imposed when a person sets
fire to his own property under
circumstances which expose
to danger the life or property
of another.
106. Art. 327 Malicious
Mischief
•Malicious Mischief – It is the
willful causing of damage to
another’s property for the
sake of causing damage
because of hate, revenge or
other evil motive.
107. Elements of Malicious
Mischief
1.Offender deliberately caused
damage to the property of
another.
2.Such act does not constitute
arson or other crimes
involving destruction
108. 3. The act of damaging
another’s property was
committed merely for the sake
of damaging it.
110. Art. 333 Adultery
•Adultery is committed by any
married woman who shall have
sexual intercourse with a man
not her husband and by the man
who has carnal knowledge of
her knowing her to be married,
even if the marriage be
subsequently declared void.
111. Elements of Adultery
1.The woman is married;
2.She has sexual intercourse
with a man not her husband;
3.As regards the man with
whom she has sexual
intercourse, he must know
her to be married.
112. Art. 334 Concubinage
•Any husband who shall keep a
mistress in the conjugal
dwelling, or shall have sexual
intercourse, under
scandalous circumstances,
with a woman who is not his
wife,
113. or shall cohabit with her in any
other place, shall be punished
by prision correccional in its
minimum and medium periods.
114. Elements of Concubinage
1.The man is married;
2.He is either:
a. Keeping a mistress in the
conjugal dwelling;
b. Having sexual intercourse
under scandalous circumstance
with a woman not his wife;
115. c. Cohabiting with her in any
other place;
3. As regards the woman, she
knows him to be married
116. Art. 336 Acts of
Lasciviousness
•Any person who shall commit
any act of lasciviousness upon
other persons of either sex,
under any of the circumstances
mentioned in the preceding
article, shall be punished by
prision correccional.
117. Elements of Acts of
Lasciviousness
1.Offender commits any act of
lasciviousness or lewdness;
2.It is done under any of the
following circumstances:
118. a. By using force or
intimidation;
b. When the offended party is
deprived or reason of
otherwise unconscious; or
c. When the offended party is
another person of either
sex.
119. 2 Kinds of Acts of
Lasciviousness
•Art. 336 – Acts of
Lasciviousness
•Art. 339 – Acts of
Lasciviousness with the
consent of the offended party.
120. 1.Article 336. Acts of
Lasciviousness
Under this article, the
offended party may be a man
or a woman. The crime
committed, when the act
performed with lewd design
was perpetrated under
circumstances which would
121. have brought about the crime
of rape if sexual intercourse
was effected, is acts of
lasciviousness under this
article. This means that the
offended party is either –
122. a. under 12 years of age; or
b. being over 12 years of age,
the lascivious acts were
committed on him or her
through violence or
intimidation, or while the
offender party was deprived
of reason, or otherwise
unconscious.
123. 2. Article 339. Acts of
Lasciviousness with the
Consent of the Offended Party:
Under this article, the victim
is limited only to a woman.
The circumstances under
which the lascivious acts
were committed must be that
of qualified seduction or
simple seduction,
124. that is, the offender took
advantage of his position of
ascendancy over the offender
woman either because he is a
person in authority, a
domestic, a house helper, a
priest, a teacher or a guardian,
or there was a deceitful
promise of marriage which
never would really be fulfilled.
125. Art. 337 Qualified
Seduction
•Seduction - enticing a woman
to unlawful sexual
intercourse by promise of
marriage or other means of
persuasion without use of
force.
126. •It applies when there is abuse
of authority (qualified
seduction) or deceit (simple
seduction).
127. Two classes of Qualified
Seduction and their
elements:
1. Seduction of a minor 16 and
over but 18 years of age,
committed by certain persons
such as, a person in authority,
priest, teacher or any person
128. who, in any capacity shall be
entrusted with the education
or custody of the woman
seduced.
129. Elements of #1
a.Offended party is a minor;
b.The offended party is 16 and
over but under 18 years of
age;
c.Offender had sexual
intercourse with the
offended party;
130. Elements of #1
d. There is abuse of authority,
confidence or relationship on
the part of the offender.
131. 2. Seduction by any person
who shall seduce his sister, or
descendant, whether or not
she is a virgin or over 18 years
of age.
132. Elements of #2
a.Offended party need not be a
virgin or she may be over 18
years old
b.Offender has sexual
intercourse with her
133. c. Offender is her brother or
ascendant by consanguinity,
whether legitimate or
illegitimate.
135. 2. Person who, in any capacity,
is entrusted with the education
or custody of the woman
seduced.
(a)Those who abused
confidence reposed in them:
(b) Priest;
(c) House servant;
(d) Domestic
136. 3. Those who abused their
relationship:
(a)Brother who seduced his
sister;
(b) Ascendant who seduced
his descendant.
137. Art. 338 Simple
Seduction
•The seduction of a woman
who is single or a widow of
good reputation, over twelve
but under eighteen years of
age, committed by means of
deceit, shall be punished by
arresto mayor.
139. 3. Offender has sexual
intercourse with her;
4. It is committed by means of
deceit.
140. Abduction
•Abduction – the taking away
of a woman from her house or
the place where she may be
for the purpose of carrying
her to another place with the
intent to marry or to corrupt
her.
142. Art. 342 Forcible
Abduction
•The abduction of any woman
against her will and with lewd
designs shall be punished by
reclusion temporal.
143. Elements of Forcible
Abduction
1.The person abducted is any
woman, regardless of her
age, civil status or reputation;
2.The abduction is against her
will ;
3.The abduction is with lewd
designs .
144. Art. 343 Consented
Abduction
• The abduction of a virgin over
twelve years and under
eighteen years of age, carried
out with her consent and with
lewd designs, shall be
punished by the penalty of
prision correccional in its
minimum and medium periods.
148. Art. 353 Libel
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;
149. 4. That it must be malicious;
5. That the imputation must be
directed at a natural or
juridical person, or one who is
dead;
6. That the imputation must
tend to cause the dishonor,
discredit or contempt of the
person defamed.
150. Art. 358 Slander
•It is oral defamation and
defined as the speaking of
base and defamatory words
which tend to prejudice
another in his reputation,
office, trade, business, or
means of livelihood.
152. Elements of Simple Oral
Slander
1.There must be an imputation
of a crime, or of a vice or
defect, real or imaginary, or
any act, omission, status or
circumstances;
2.Made orally;
3.Publicly;
153. 4. Maliciously ;
5. Directed to a natural or
juridical person, or one who is
dead;
6. Which tends to cause to
dishonor, discredit or
contempt of the person
defamed.
154. Elements of Grave
Slander
1.There must be an imputation
of a crime, or of a vice or
defect, real or imaginary, or
any act, omission, status or
circumstances;
2.Made orally;
3.Publicly;
155. 4. Maliciously ;
5. Directed to a natural or
juridical person, or one who is
dead;
6. Which tends to cause to
dishonor, discredit or contempt
of the person defamed;
7. Serious and insulting nature.
156. Art. 359 Slander by
Deed
•It is a crime against honor,
which is committed by
performing any act, which
casts dishonor, discredit, or
contempt.
157. Elements of Slander by
Deed
1. That the offender performs
any act;
2. That such act is performed
in the presence of other
person or persons;
158. 3. That such act cast dishonor,
discredit or contempt upon
the offended party.
159. Art. 364 Intriguing
Against Honor
1.That the offender
disseminates any intrigue;
and
2.That its principal purpose is
to blemish the honor or
reputation of a person.
