6KP Cases Covered REVISED ANGELO

CASES COVERED BY
KATARUNGANG
PAMBARANGAY LAW
ATTY. ANGELO S. MAHINAY,
REB
MLGOO-Clarin, Bohol
OBJECTIVES:
• Identify the cases covered by the
Katarungang Pamabarangay Law
• Identify the Criminal Cases covered
under the Revised Penal Code
• Identify the elements of the Criminal
Cases
Prescriptive Period
- a specific time within which
an offender may be prosecuted
for the crimes committed.
COMMON CIVIL CASES
Filed in the Lupong Tagapamayapa
and their elements
CIVIL CASES - Generally ALL CIVIL CASES
(Morata, et al vs. Go, et al, 125 SCRA 444).

CIVIL CASE
1. COLLECTION ON SUM OF It may arise from:
MONEY
Prescriptive Period: • Contract of Lease
10 Years • Contract of Loan
• Contract of Services
• Contract of Sale, and
• For liquidated damages
arising from contract.
CIVIL CASE
2. DAMAGES TYPES OF DAMAGES
1) MORAL
2) EXEMPLARY
3) TEMPERATE
4) ACTUAL
5) LIQUIDATED
CIVIL CASE ELEMENTS
3. TWO TYPES OF 1)prior physical possession
EJECTMENT CASES:
of the property;
A. FORCIBLE ENTRY 2)unlawful deprivation of
it by the defendant
Prescriptive Period:
1 Year from the through force,
dispossession intimidation, strategy,
threat or stealth.
CIVIL CASE ELEMENTS
B) UNLAWFUL DETAINER 1. Initially, the possession of the property
by the defendant was by contract with or
by tolerance of the plaintiff.
Prescriptive Period:
1 YEAR 2. Eventually, the possession became
should be counted from the date illegal upon the plaintiff’s notice to the
of the last demand to vacate defendant of the termination of the latter’s
because it was only from that right of possession.
time that the petitioners'
possession became illegal. 3. Thereafter, the defendant remained in
possession of the property and deprived
the plaintiff of the latter’s enjoyment.
4. Within one year from the making of the

last demand on the defendant to vacate
the property, the plaintiff instituted the
Complaint for ejectment.
SPECIAL LAWS
(Criminal Cases)
Filed in the Lupong
Tagapamayapa and their
elements
Special Law
CRIMINAL CASE ELEMENTS CIVIL LIABILITY
PD 1612 – Violation of 1. A crime of robbery or theft
has been committed;
- Damages
the Anti-Fencing Law 2. A person, not a participant in
if the value of the said crime, buys, receives,
possesses, keeps, acquires,
property subject of conceals, sells or disposes, or
robbery or theft does buys and sells; or in any
manner deals in any article or
not exceed P20,000 item, object or anything of
value;
3. With personal knowledge, or
PP: 5 Years should be known to said person
that said item, object or
anything of value has been
derived from the proceeds of
the crime of robbery or theft;
4. With intent to gain for
himself or for another;
Special Law
BP 22 (Bouncing Check (1) the making, drawing, - Double the amount of
Law) – Issuing checks and issuance of any check
to apply for account or for
the check
without sufficient value;
funds for an amount (2) the knowledge of the
maker, drawer, or issuer
not exceeding that at the time of issue he
P2,500 does not have sufficient
funds in or credit with the
drawee bank for the
PP: 4 Years payment of the check in full
upon its presentment; and
(3) the subsequent dishonor
of the check by the drawee
bank for insufficiency of
funds or credit.
CRIMINAL CASES
(under Revised Penal Code)
Filed in the Lupong
Tagapamayapa and their
elements
Criminal Cases under RPC
Art. 155. ALARMS Discharging any firearm, - Actual damages
rocket, firecracker, or other
AND SCANDALS. — explosives within any town
(Alarma ug Eskandalo) or public place calculated to
cause alarm or danger;
Disturbing the public peace N.B.

Prescriptive Period: 2 while wandering about at Only Unjust
Months night or while engaged in
Vexation
any other nocturnal
amusement; if the noise is
directed to a person
Causing any disturbance or
scandal in public places or family.
while intoxicated.
ARTICLE 252. 1. That there is a - Actual damages
tumultuous affray;
PHYSICAL INJURIES 2. That a participant or
( hospitalization,
INFLICTED IN A some participants thereof medicine, fare )
TUMULTUOUS AFFRAY suffer serious physical
injuries or physical injuries
(Bun-og o samad sa of a less serious nature
lawas atol sa lamuk- only;
lamuk) 3. That the person
responsible therefor cannot
be identified; and
PP: 5 Years 4. That all those who
appear to have used
violence upon the person of
the offended party are
known.
ARTICLE 265. LESS 1. The offended party - Actual damages
SERIOUS PHYSICAL is incapacitated for ( hospitalization,
INJURIES labor for 10 days or medicine, fare,
compensation for work )
(Dili grabe nga pag more but not more
bun-og o samad) than 30 days, or
needs attendance for
PP: 5 Years the same period;
ARTICLE 266. SLIGHT Physical injuries - Actual damages
PHYSICAL INJURIES which incapacitated ( hospitalization,
AND MALTREATMENT the offended party medicine, fare,
(Gamay nga pag bun- from one to nine days, compensation for work )
og, pagsamad ug or required medical
attendance during the
pagmaltrato) same period;
PP: 2 Months Ill-treat another by
deed without causing
any injury.
Art. 269. Unlawful That the offender arrests - Actual damages
arrest or detains another
person.
PP: 5 Years That the purpose of the
offender is to deliver him
to the proper authorities.
That
the arrest or detention is
not authorized by law or
there is no reasonable
ground therefor.
ARTICLE 280. SIMPLE 1. That the offender is a - Actual damages
TRESPASS TO private person;
DWELLING 2. That he enters the
dwelling of another;
PP: 5 Years 3. That such entrance is

against the latters will.
4. Without the use of

violence or
intimidation
ARTICLE 281. OTHER 1. That the offender - Actual damages
FORMS OF TRESPASS enters the closed
premises or the fenced
estate of another
2. That the entrance is
PP: 2 Months made while either of
them is uninhabited;
3. That the prohibition
to enter be manifest;
4. That
the trespasser has not
secured the permission
of the owner or the care
taker thereof.
ARTICLE 282. GRAVE 1. By threatening - Actual damages
THREATS another with the
infliction upon his
person, honor, or
PP: 5-10 Years property or that of his
family of any wrong
amounting to a crime
Qualifying Circumstance:
demanding money
Art. 283 – LIGHT 1. That the offender - Actual damages
THREATS makes a threat to
commit a wrong;
(Gaan nga panghulga) - Ex. blackmailing
2. That the wrong does
not constitute a crime in
PP: 5 Years itself;
3. That there is a

demand for money or
that other condition is
imposed even though
not unlawful;
Art. 285 – OTHER 1. Any person who - Damages
LIGHT THREATS shall threaten
another with a
weapon or draw
PP: 2 Months such weapon in a
quarrel, unless it be
in lawful self-
defense.
Art. 286 – GRAVE 1) that a person is prevented by - Damages
another from doing something not
COERCION prohibited by law, or compelled to do
something against his will, be it right
or wrong;
2) that the prevention or compulsion
is effected by violence, threats or
intimidation; and
3) that the person who restrains the
will and liberty of another has no right
to do so, or in other words, that the
restraint is not made under authority
of law or in the exercise of any lawful
right.
Art. 287 – LIGHT Coercion by a creditor- the - Damages
COERCION crime committed by a
creditor who, with violence,
PP – 2 months shall seize anything
belonging to his debtor for
the purpose of applying the
same to the payment of his
debt.
Art. 287-A. Any human conduct which, - Damages
UNJUST although not productive of
VEXATION some physical or material
harm, would unjustly annoy
PP – 2 months or irritate an innocent
person.
Art. 309 – Theft (not 1. That there be taking of - Actual damages
to exceed P20,000.00) personal property;
2. That said property - ( value of the
belongs to another; thing, property,
3. That the taking be done rights)
with intent to gain;
PP: 5 Years 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.
ARTICLE 312. 1. That the offender takes - Actual damages
possession of any real
OCCUPATION OF REAL property or usurps any real - ( value of the
PROPERTY OR rights in property; thing, property,
USURPATION OF REAL 2. That the real property or rights)
real rights belong to
RIGHTS IN PROPERTY another;
3. That violence against or
intimidation of person is
used by the offender in
occupying real property or
usurping real property or
usurping real right in
property;
4. That there is intent to
gain.
ARTICLE 313. 1. That there be - Actual damages
ALTERING boundary marks or - ( value of the
monuments of towns,
BOUNDARIES OR provinces, or estates, or thing, property,
LANDMARK any other marks rights)
(Pag-usab sa utlanan intended to designate
ug timailhan) the boundaries of the
same;
2. That the offender
PP: 2 Months alters said boundary
marks.
ARTICLE 315. 1. That the accused - Actual damages
SWINDLING/ ESTAFA defrauded another by
abuse of confidence, or
- Pagpangilad (dili by means of deceit;
mulabaw sa
P1,200,000.00 ang 2. That the damage or
kantidad) prejudice capable of
PP: 5 Years pecuniary estimation is
caused to the offended
party or third persons.
ARTICLE 316. OTHER Any person who, - Actual damages
FORMS OF pretending to be the
owner of any real
SWINDLING property, shall convey,
PP: 5 Years sell, encumber or
mortgage the same.
ARTICLE 328-330. 1) that the offender - Actual damages
deliberately caused damage
Malicious Mischief to the property of another;
PP: 2 Months – 10 2) that such act does not

constitute arson or other
Years crimes involving
destruction;
3) that the act of damaging

another’s property be
committed merely for the
sake of damaging it
Art. 338. Simple - seduction of a woman - Actual damages
seduction who is single or a
widow of good
reputation,
PP: 5 Years
- over twelve but under
eighteen years of age,
- committed by means
of deceit
Art. 339 – Acts of - making a physical - Actual damages
lasciviousness with contact with the body of
another person for the
consent of offended purpose of obtaining
party (Pahimulos nga sexual gratification other
lawasnon nga dunay than, or without
pagtugot sa intention of, sexual
gipahimuslan) intercourse.
PP: 5 Years
ARTICLE 364. - An act that make - Actual damages
INTRIGUING AGAINST any intrigue which
HONOR (Pang intriga has for its principal
batok sa dungog) purpose to blemish
the honor or
PP: 2 Months reputation of
another.
Art. 358. Slander - 1) there must be an - Actual and Moral
imputation of a crime, or of
Defamation in spoken a vice or defect, real or Damages
form (slander). imaginary, or any act,
omission, status or
circumstances; (2) made
PP: 2 Months – 10 orally; (3) publicly; (4) and
Years maliciously; (5) directed to a
natural or juridical person,
Oral defamation may either be or one who is dead; (6)
simple or grave. It becomes which tends to cause
grave when it is of a serious dishonour, discredit or
and insulting nature. contempt of the person
defamed.
Cyber Crime
Cyber Libel Cyber Libel or Online
Libel NOT under the
jurisdiction of the
barangay.
Why? Penalty is prision
mayor in its minimum
period, which is from six
years and one day to
eight years and medium
period, which is from
eight years and one day
to 10 years.
Art. 359 – Slander by Any act which shall cast - Actual damages
Deed dishonor, discredit or
contempt upon another
person. (Sagpa or
PP: 2 Months - 10 pagpakauwaw nga wala
Years nag gamit ug panultihon)
Art. 363. Incriminating Any person who, by any - Actual damages
innocent person. act not constituting
perjury, shall directly
incriminate or impute to
PP: 2 Months an innocent person the
commission of a crime
Other Crimes Punishable by 1Year
Imprisonment and Below RPC
Art. 154 – Unlawful use of means of publication and unlawful utterances
Art. 174 - False medical certificates; false certificates of merit or service
Art. 175 – Using false certificates
Art. 178 - Using fictitious names and concealing true names
Art. 179 - Illegal use of uniforms or insignias
Art. 253 – Giving assistance to suicide if suicide is not consummated
Art. 288 - Other similar coercion (compulsory purchase of merchandise
and payment of wages by means of tokens
Art. 290 - Discovering secrets through seizure of correspondence
Art. 291 - Revealing secrets with abuse of office
Art. 319 - Removal, sale or pledge of mortgaged property
Art. 356 -Threatening to publish and offer to prevent such publication for
a compensation (otherwise referred to as “Blackmail”)
Art. 357- Prohibited publication of acts referred to in the course of official
proceedings
Question: Legal effect if grave offense is settled
before the Lupon?
Answer: Binding insofar as civil aspect of case only.
(DOJ Opn No. 229, S. 1982).
Question: Procedure for multiple offenses.

Answer: Do not add penalties. However, if some are
cognizable by Lupon but others not, refer cases to
Prosecutor’s Office. (DOJ Opn Nos. 110, s. 1981, 92, s.
1982).
Thank You!

6KP Cases Covered REVISED ANGELO

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CASES COVERED BY

(Morata, et al vs. Go, et al, 125 SCRA 444).

4. Within one year from the making of the

Disturbing the public peace N.B.

PP: 5 Years 3. That such entrance is

4. Without the use of

3. That there is a

PP: 2 Months – 10 2) that such act does not

3) that the act of damaging

Question: Procedure for multiple offenses.

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