I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders Book 1 1.

Fundamental Principles a) Definition of Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. i) Difference between Mala in Se and Mala Prohibita1 Mala in se2 Violations of the Revised Penal Code Mala prohibita Violations of special laws.3

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Test to determine if violation of special law is malum prohibitum or malum in se: Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act still be wrong? If the wording of the law punishing the crime uses the word “willfully”, then malice must be proven. Where malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission. When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law. 2 which literally means, that the act is inherently evil or bad or per se wrongful. 3 Not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special law requires that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.

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b) Scope of Application and Characteristics of the Philippine Criminal Law Generality4 The law is binding to all persons who live or sojourn in the Philippines The law is binding to all crimes committed within the National Territory of the Philippines The law does not have any retroactive effect.6

Territoriality5

Prospectivity

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Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. Exceptions to general application of criminal law: a) principles of public international law b) treaties or treaty stipulations c) laws of preferential application Consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned. It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It refers to persons that may be governed by the penal law. 5 Exceptions to Territorial Application: Instances enumerated under Article 2 (see Reference) 6 Exception to Prospective Application: When new statute is favorable to the accused who is not a habitual delinquent. Applicable to special laws which provide more favorable conditions to the accused.

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c) Constitutional limitations on the power of Congress to enact penal laws7 in the Bill of Rights Equal protection Any person shall not be denied the equal protection of the laws.8 No person shall be deprived of life, liberty or property without due process of law.9 Act Prohibiting the Imposition of Death Penalty in the Philippines.10 A legislative act which inflicts punishment without judicial trial. One which makes an action done before the passage of the law and which was innocent when done criminal and punishes such action.

Due process

Non-imposition of cruel and unusual punishment or excessive fines Bill of attainder

Ex post facto law

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Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive. 8 Art. III, Sec. 1, 1987 Constitution 9 Ibid. 10 R.A. 9346

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2. Felonies Acts or omissions punishable by the Revised Penal Code. a) Classifications of Felonies According to the manner of their commission Intentional Those committed with deliberate intent; Culpable Those resulting from negligence, reckless imprudence, lack of foresight or lack of skill.11

According to the stages of their execution Attempted The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Frustrated Consummated

The offender commences All the elements necessary the commission of a felony for its execution are as a consequence but which present.12 would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator;

According to their gravity Grave Attaches the capital punishment or penalties which in any of their periods are afflictive. Less grave The law punishes penalties which in maximum period correccional; Light with Infractions of law for the their commission of which the was penalty is arresto menor.13

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Art. 3 Art. 6 13 Art. 9

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slander.15 d) Stages of Execution16 14 15 Art. Act is not an actual violation of another provision of the Code or of a special penal law 3. corruption of public officers. Examples: attempt to flee to an enemy country. unless the otherwise is provided for. Felonies by omission 6. Requisites: 1. Crimes consummated by mere attempt. Does not apply in: 1. There is no attempted or frustrated impossible crime.g.one which would be an offense against persons or property. 2 1. adultery. Offender must believe that he can consummate the intended crime.. The law intends to punish the criminal intent. par. treason. There was criminal intent 4.) 3.b) Elements of Criminal Liability i) act or omission ii) punishable by the Revised Penal Code iii) committed by either dolo or culpa c) Impossible Crime14 . 4. Accomplishment was inherently impossible. Formal crimes (e. 2. 2. Offenses punishable by Special Penal Laws. a man stabbing another who he knew was already dead cannot be liable for an impossible crime. etc. corruption of minors. Crimes committed by mere agreement. or inadequate or ineffectual means were employed. supra. Act would have been an offense against persons or property 2. Examples: betting in sports (endings in basketball). were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. 5. Impossible Crimes 4. 3. 5 . 16 see Classification of Felonies.

This is only true when the law expressly punishes the mere conspiracy. Proposal is unilateral. the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. such a desistance would negate criminal liability. but he tried to prevent the commission of the crime As a general rule. Even though there was conspiracy. and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime. All that there is the agreement. the court will not consider the same. anyone who did not appear shall be presumed to have desisted. acting out a common criminal intent. one party makes a proposition to the other. coup d’ etat. rebellion. there is no crime yet. When the conspiracy is only a basis of incurring criminal liability. sedition. But when one of them commits any overt act. For as long as none of the conspirators has committed an overt act. Conspiracy as a crime. the crime could be carried out as well. no overt act is necessary to bring about the criminal liability. must have a clear and convincing evidence of its existence. Conspiracy is a matter of substance which must be alleged in the information. otherwise. and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. unless 1) a co-conspirator was absent from the scene of the crime or 2) he showed up. this cannot be inferred or deduced because there is no overt act. So. A conspiracy is possible even when participants are not known to each other. if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. rebellion or insurrection. There is conspiracy when the offenders acted simultaneously pursuing a common criminal design. When the conspiracy itself is a crime. sedition. such that even without his cooperation. conspiracy is bilateral. for as long as anyone shall desist before an overt act in furtherance of the crime was committed.e) Conspiracy17 and Proposal Conspiracy18 Proposal19 When two or more persons come to an When the person who has decided to agreement concerning the commission of a commit a felony proposes its execution to felony and decide to commit it. arson and monopolies and combinations in restraint of trade. some other person or persons. 19 Only the person proposing or the proponent is criminally liable Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal. thus. however. there must be an overt act done before the co-conspirators become criminally liable. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. 17 Two kinds of conspiracy: (1) Conspiracy as a crime. The exception to this is if such person who did not appear was the mastermind. On the other hand. a conspiracy arises. Treason. otherwise. unless there is an overt act. If the conspiracy is only a basis of criminal liability. 18 Punishable in the following cases: treason. The mere conspiracy is the crime itself. if there has been a conspiracy to commit a crime in a particular place. Once the proposal was accepted. none of the co-conspirators would be liable. the crime would no longer be the conspiracy but the overt act itself. When the conspiracy is just a basis of incurring criminal liability. Every crime must be proved beyond reasonable doubt. the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. all of them shall be held liable. it requires two parties 6 . such co-conspirator should be punished as an accomplice only. if the co-conspirator or any of them would execute an overt act.

7 . Proposal to commit treason b. There is no time limit between the first There is a time limit of not more than 10 conviction and the subsequent conviction. Proposal to commit rebellion or insurrection Crimes a. Agreement among 2 or more a. Recidivism At least three convictions are required. (e) estafa or swindling and (f) falsification. from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on . (b) less serious physical injuries. it is enough that The crimes are limited and specified to: they may be embraced under the same title of the Revised Penal Code. (d) theft. Conspiracy to commit rebellion c. (c) robbery. effects) Habitual delinquency Two convictions are enough. rules. years between every convictions computed Recidivism is imprescriptible.Elements a. Conspiracy to commit sedition b. Conspiracy to commit treason f) Multiple Offenders (differences. The crimes are not specified. They decide to commit it b. A person has decided to commit a persons to commit a crime crime b. He proposes its commission to another a. (a) serious physical injuries.

If not offset. it would only increase the penalty prescribed by law for the crime committed to its maximum period. 8 . information. In such a case. and after grant of parole committed Homicide. the fifth and so on .It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. Reiteracion20 Recidivism Necessary that offender shall have served Enough that final judgment has been out his sentence for the first sentence rendered in the first offense Previous and subsequent offenses must not Same title be embraced in the same title of the Code Not always an aggravating circumstance Always aggravating 20 Thus. he will be considered only as recidivist. It is a special aggravating circumstance. an additional penalty shall be imposed depending upon whether it is already the third conviction. and par. The circumstance need not be alleged in the The circumstance must be alleged in the information. 10 will no longer apply to him. otherwise the court cannot acquire jurisdiction to impose additional penalty. the fourth. he labors under this paragraph (10) known as reiteracion. but he is also suffering from recidivism (recidencia). hence it cannot be offset by any mitigating circumstance. if A has been convicted of Murder. Aside from the penalty prescribed by law for the crime committed.

it must be alleged in the information and with attached certified copies of the sentences rendered against the accused Exceptions: if the accused does not object and when he admits in his confession and on the witness stand 22 In reiteracion. even if literally. since there are already two of them subsequently.Offenders Effects Recidivist – one who at the time of his trial Generic aggravating for one crime. You will only consider the penalty in reiteracion if there is already a second conviction. That is why it is said that reiteracion is not always aggravating. 21 It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction. the law considers that somehow he has been reformed but if he. Even if the penalty for the subsequent crimes committed are lighter than the ones already served. then he becomes a repeater because that means he has not yet reformed. offender is on trial for an offense 21 b. pay attention to the penalty attached to the crime which was committed for the second crime. attaches an equal or greater penalty. repetition is not aggravating. or while serving the same. When there is a third conviction. if there is only a second conviction. Basis: Greater perversity of the offender as shown by his inclination to commit crimes Requisites: a. the offender is already a repeater. the offender is convicted of the new offense Recidivism must be taken into account no matter how many years have intervened between the first and second felonies To prove recidivism. shall be punished by the maximum period of the penalty prescribed by law for the new felony. the offender is a repeater. If that is the situation.21 Reiteracion or habituality – one who has been May be aggravating depending on the punished for an offense to which the law discretion of the court. the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. subsequently. However. before beginning to serve such sentence. that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. if he commits a felony carrying a lighter penalty. that both the first and the second offenses are embraced in the same title of the RPC (not special law) d. by final judgment. he was previously convicted by final judgment of another crime c. However. you disregard whatever penalty for the subsequent crimes committed. shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. 9 . again commits another felony which carries a lighter penalty. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served.22 Quasi-recidivism – any person who shall The penalty is raised to the maximum period commit a felony after having been convicted of the penalty prescribed for the new felony.

b) Upon a fourth conviction. no. is found guilty of any of said crimes a third time or oftener. the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance. and c) Upon a fifth or additional conviction. being a special or specific aggravating circumstance must be alleged in the information.24 23 When the offender is a recidivist and at the same time a habitual delinquent. 5. the court has no jurisdiction to consider the offender a habitual delinquent. 24 Art. within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. theft. 62. If it is not alleged in the information and in the course of the trial.23 a) Upon a third conviction. robbery. the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. Habitual delinquency. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. 10 . estafa or falsification. an added penalty will be imposed in accordance with Article 62. the total of the two penalties to be imposed upon the offender shall in no case exceed 30 years. Notwithstanding. After determining the correct penalty for the last crime committed.Habitual delinquency – when a person.

It has two kinds: compound crime28 and complex crime proper. in the eyes of the law. They are regarded as a special species of complex crime because there is one specific penalty imposed. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. 11 . 25 In case the crime committed is a composite crime.30 Art. kidnapping with homicide. 26 or composite crime 27 Art. 48 is not applicable in case of special complex crimes specially provided for in the Revised Penal code like Robbery with Homicide or Rape or Arson31 or Rape with Homicide32 and applies only when no specific penalty is stated in the law. 31 Sec. when the homicide is consummated. This is because.29 Special complex crime26 Made up of more than one crime. in the eyes of the law. 7659 amending par. otherwise they are separate offenses. robbery with arson. the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. 294 32 Sec. or when an offense is a necessary means for committing the other. 27 In both cases.A. 11.g) Complex Crimes vis Special Complex Crimes25 Complex crime Committed either when a single act constitutes two or more grave or less grave felonies. 9. warrants a single indivisible offense. amending Art. R. 48 28 When a single act constitutes 2 or more grave or less grave felonies Requisites: 1) that only one single act is committed by the offender 2) that the single act produces a) 2 or more grave felonies b) one or more grave and one or more less grave felonies c) 2 or more less grave felonies 29 When an offense is a necessary means for committing another Requisites: 1) that at least 2 offenses are committed 2) that one or some of the offenses must be necessary to commit the other 3) that both or all the offenses must be punished under the same statute 30 An example of special complex crime is rape with homicide. 1 of Art. 335. the penalty for the more serious crime shall be imposed and is to be applied in its maximum period. but which. id.

Tension building phase 2. In order to be classified as a battered woman. 9262 35 A woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights.36 Characterized by the so. i) Anti-Violence against Women and their Children Act of 200434 a) Battered woman35 syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. One must pass 2 cycles.A. Circumstances which Affect Criminal Liability a) Justifying Circumstances33 The acts of the actor are in accordance with law and hence. No. (People v. 1359 81. G. no criminal and civil liability because there is no crime. there is no criminal liability.R. 15. loving37 phase38 b) Exempting Circumstances39 There is an absence of voluntariness. though there is a crime.Genosa. each with 3 phases. Jan. Any woman may find herself in an abusive relationship with a man once. and hence. and she remains in the situation. Acute battering incident 3. 33 34 See Reference R. she is defined as a battered woman. 3 (c) 37 or at least non-violent 38 One must undergo 3 phases to establish the pattern of violence. Includes wives or women in any form of intimate relationship with men.3. 2004) 36 Sec.called cycle of violence. the couple must go through the battering cycle at least twice. which has 3 phases: 1. Tranquil. he is justified. 39 See Reference 12 . If it occurs a second time.

Any other pertinent documents In the absence of these documents. or adjudged as.43 3) Determination of age The age of a child may be determined from the child's: 1. R.i) Juvenile Justice and Welfare Act of 2006. accused of.A. 43 Sec. age may be based on information from the child himself/herself. Baptismal certificate 3.D. Birth certificate 2. 6. having committed an offense under Philippine laws. 9344 P. 4 (e). as amended 42 Sec. 9344.42 2) Minimum age of criminal responsibility Age Bracket 15 years old or below Criminal Liability Exempt Treatment The child shall be subjected to an intervention program The child shall be subjected to an intervention program The child shall be subjected to the appropriate proceedings in accordance with the Act. 603. who acted without discernment Above 15 but below 18.A. He/she shall enjoy all the rights of a child in conflict with the law until he/she is proven to be 18 years old or older.40 also refer to Child and Youth Welfare Code41 1) Definition of “child in conflict with the law” A child who is alleged as. the physical appearance of the 40 41 R.A. R. 9344 13 . The child in conflict with the law shall enjoy the presumption of minority. who a cted with discernment Exempt Not exempt The exemption from criminal liability does not include exemption from civil liability. which shall be enforced in accordance with existing laws. Above 15 but below 18. testimonies of other persons.

supra 46 See Reference 47 Ibid. The circumstance is actually an ingredient of the crime. must be specifically alleged in the complaint or information. If it is proved during trial. It only affects the penalty to be imposed but the crime remains the same. Generic Generally applies to all crimes48 Can be offset by an ordinary mitigating circumstance. If not alleged but proven during the trial. It is not an ingredient of a crime. ibid. which makes the act voluntary or because of the lesser perversity of the offender.44 In case of doubt as to the age of the child. Qualifying Changes the nature of the felony49 Cannot be offset by any mitigating circumstances. 44 45 Sec. 4) Exemption from criminal liability45 c) Mitigating circumstances46 Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa.child and other relevant evidence. it will be considered only as generic No need to allege this circumstance in the information. 48 like recidivism 49 as treachery in homicide to murder 14 . d) Aggravating circumstances47 Serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime. as long as it is proven during trial. See Minimum age of criminal responsibility. 7. the time and place of committing the crime and the means employed or the personal circumstances of the offender. it shall be resolved in his/her favor. To be appreciated as such. The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. the same is considered in imposing the penalty.

51 P. it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. 50 When there is more than one qualifying aggravating circumstance present. he cannot be held guilty of the separate offense of illegal possession of firearms. RPC. If this happens.A. 8294 52 If the illegal possession or use of unlicensed firearm or explosives is in furtherance of.50 a) Decree Codifying the Laws on Illegal / Unlawful Possession.aggravating circumstance. 1866. they are susceptible of being offset by an ordinary mitigating circumstance. such use shall be considered as an aggravating circumstance. 53 Hence. R. illegal possession or use of unlicensed firearm is no longer punished as a separate offense. Penalty for mere possession of an unlicensed firearm is based on whether the firearm is lowpowered or high-powered. 8294 penalizes simple illegal possession of firearms. insurrection. but not a separate offense. firebombs or other incendiary devices which result in the death of a person. Manufacture. 8294. Unlicensed firearm shall include: firearms with expired license. or in connection with the crimes of rebellion. Hence.A. Ammunition or Explosives51 as an aggravating circumstance The use of an unlicensed firearm to commit murder or homicide is an aggravating circumstance.53 Under Sec. or subversion shall be absorbed as an element of such crimes. motolov cocktail bombs. when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill box. provided that the person arrested committed no other crime. 14. Dealing in. where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about to serve a search warrant.52 Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. Ladjaamlam) 15 . or unauthorized use of licensed firearm in the commission of the crime. if the person is held liable for murder or homicide.D. of Firearms. 3 thereof. (People vs. Acquisition or Disposition. as amended by R. or incident to. Furthermore. as amended by R. illegal possession of firearms is an aggravating circumstance. one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. 1866.A.

14. 58 Sec. 9165 Sec. Article II of this Act. 33 16 .A. and 5) The informant or witness shall strictly and faithfully comply without delay.b) The Comprehensive Dangerous Drugs Act of 200254 i) As a qualifying aggravating circumstance A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. 8. and the application of the penalty provided for in the Revised Penal Code shall be applicable. 3) Such information and testimony can be corroborated on its material points. 6. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. 2) Such information and testimony are not yet in the possession of the State. any condition or undertaking.58 54 55 R. 56 Conditions: 1) The information and testimony are necessary for the conviction of the persons described above. 12. 10. or any information leading to the whereabouts. 15. and may plead or prove the giving of such information and testimony in bar of such prosecution.55 ii) Immunity from prosecution and punishment. 13. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. and who willingly testifies against such persons as described above. 5. coverage Any person who has violated Sections 7. 25 56 See Reference 57 ibid. who voluntarily gives information about any violation of Sections 4. identities and arrest of all or any of the members thereof. The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given and there is no direct evidence available for the State except for the information and testimony of the said informant or witness. and 16. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. 11. 4) the informant or witness has not been previously convicted of a crime involving moral turpitude. and 19. Article II of this Act57 as well as any violation of the offenses mentioned if committed by a drug syndicate. reduced into writing.

63 59 60 See Reference Ibid. 66 62 See Reference 63 Sec. Art. or of the Dangerous Drugs Act of 1972. Article 19260 of Presidential Decree No. or of any special penal laws. Where the offender is a minor. 98 17 . 603. may be given the benefits of a suspended sentence. with after-care and follow-up program for not more than eighteen (18) months. as amended by Presidential Decree No. he/she shall be under the supervision and rehabilitative surveillance of the Board.iii) Minor offenders An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 1159 of this Act. as amended. without prejudice to the application of the provisions of this Section. b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician. as amended. 61 Sec. the court may commit the accused under suspended sentence to a Center. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. and c) The Board favorably recommends that his/her sentence be suspended. but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act.61 iv) Application/Non application of RPC provisions cf. Upon recommendation of the Board. or to the care of a DOH-accredited physician for at least six (6) months. 1179 shall apply.62 RPC The provisions of the Revised Penal Code. otherwise known as the Child and Youth Welfare Code. While under suspended sentence. Conditions: a) He/she has not been previously convicted of violating any provision of this Act. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. 10. except in the case of minor offenders. or of the Revised Penal Code. shall not apply to the provisions of this Act.

by reason of which. Article 247 is an example of an absolutory cause (see Reference) 18 . 231-232. 13th ed.‖65 64 65 See Reference I Reyes. freedom. The Revised Penal Code.. does not incur criminal liability for an act. pp. which constituted a crime.e) Alternative Circumstances64 Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. f) Absolutory Cause A circumstance which is present prior to or simultaneously with the offense. and intelligence. 1993. It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. the accused who acts with criminal intent.

deceit. criminal cases. or in the courts. record. has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction. in order to prevent a person from appearing in the investigation of or in official proceedings in.D. evading prosecution or the execution of a judgment. (c) harboring or concealing. suppressing or concealing any paper. (f) making. in Tanodbayan. or official proceedings in. destroying. intimidation. (g) soliciting. (d) publicly using a fictitious name for the purpose of concealing a crime. or concealing his true name and other personal circumstances for the same purpose or purposes. document. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery. or to be used in the investigation of. criminal cases. presenting or using any record. or agreeing to accept any benefit in consideration of abstaining from. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices. criminal cases. (h) threatening directly or indirectly another with the infliction of any wrong upon his person. discounting. force or threats. (b) altering. with intent to impair its verity. legibility. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or 66 P.4. or admissibility as evidence in any investigation of or official proceedings in. or official proceedings in. whether lawful or unlawful. or imposing a condition. or impeding the prosecution of a criminal offender. or has reasonable ground to believe or suspect. misrepresentation. or facilitating the escape of. document. accepting. criminal cases. 1829 19 . or object. criminal cases. authenticity. Persons Criminally Liable/Degree of Participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders66 i) Punishable acts Any person who knowingly or willfully obstructs. honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of. or official proceedings in. any person he knows. impedes. availability.

property of the victim. Accessories who are exempt from criminal liability Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned. and adopted brothers and sisters. id. legitimate. 1. descendants.68 RPC The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses.67 ii) Compare with Article 20. 67 68 Sec. or assisted the offender to profit from the effects of the crime. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime. Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty. If any of the acts mentioned herein is penalized by any other law with a higher penalty. or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. except accessories falling within the provisions of paragraph 169 of Article 19. RPC. ascendants. the higher penalty shall be imposed. Only accessories covered by par 2 and 3 are exempted. natural. 69 See Reference 20 . or relatives by affinity within the same degrees.

to get them whipped back into shape 4. 166544. G. Penalties Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful.A.Act Prohibiting the Imposition of Death Penalty in the Philippines71 The imposition of death penalty has been prohibited. 431 R. 27 July 2007. 70 71 People vs. Moran. deliberate or negligent act. Retribution .to protect the public from dangerous criminals.R.72 b) Purposes 1.to prevent crimes 2.A. 9346. 9346 72 PP v. Canuto. 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that favorabilia sunt amplianda adiosa restrigenda.A. Rehabilitation . 377. 44 Phil.5. 21 . the property penalty to be imposed on appellant is reclusion perpetua. R.70 a) General Principles . Deterrence . Safety . Penal laws which are favorable to the accused are given retroactive effect. Pursuant to Section 2 of R. No. 528 SCRA 366.to punish them for what they did 3.

Arresto mayor. and Bond to keep the peace Accessory Penalties Perpetual or temporary absolute disqualification. Civil interdiction. the right to vote and be voted for.c) Classification Scale Principal Penalties Capital punishment: Death. Indemnification. Payment of costs. Public censure Penalties common to the three preceding classes: Fine. Reclusion temporal. Correctional penalties: Prision correccional. Forfeiture or confiscation of instruments and proceeds of the offense. Destierro. Perpetual or temporary absolute disqualification. Suspension. the profession or calling. Suspension from public office.73 73 Art. Perpetual or temporary special disqualification. 25 22 . Afflictive penalties: Reclusion perpetua. Perpetual or temporary special disqualification. Light penalties: Arresto menor. Prision mayor.

its duration shall be that of the principal penalty. and destierro Arresto mayor Arresto menor Bond to keep the peace 74 Art.74 Reclusion temporal Prision mayor and temporary disqualification Prision correccional. Twelve (12) years and one day to twenty (20) years.d) Duration and Effects Duration Reclusion perpetua Twenty (20) years and one day to forty (40) years. One (1) day to thirty (30) days. Required to cover such period of time as the court may determine. 27. Six (6) years and one day to twelve (12) years. its duration shall be that of the principal penalty. 23 . except when suspension is imposed as an accessory penalty. 7659. ibid. in which case. 21. in which case. One (1) month and one day to six (6) months. as amended by Sec. except when the penalty of disqualification is imposed as an accessory penalty. A. R. Six (6) months and one day to six (6) years. suspension.

according to the extent of such disqualification. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. held.Effects The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. 78 Art.76 The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence.78 Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. 32. 31 77 Art. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.77 The suspension from public office. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 2. or guardianship. 75 4. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. profession or calling affected. 75 76 Art. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. profession or calling shall produce the following effects: 1. employment. 30 Art. 3. either as to the person or property of any ward. Moreover. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. In case of temporary disqualification. profession or calling. The loss of all rights to retirement pay or other pension for any office formerly The penalties of perpetual or temporary special disqualification for public office. The deprivation of the office. 33 24 . of the right to vote in any popular election for any public office or to be elected to such office. 2. according to the nature of said penalty. the offender shall not be permitted to hold any public office during the period of his disqualification.

If the principal penalty imposed is not to be executed by confinement in a penal institution. 38 25 . whether they be fixed or unalterable amounts previously determined by law or regulations in force. 3. or amounts not subject to schedule81. the same shall be met in the following order:82 1. 4. or the right of suffrage. If the convict has no property with which to meet the fine mentioned. If the principal penalty imposed be prision correccional or arresto and fine. Indemnification of consequential damages. unless such rights be expressly restored by the terms of the pardon80. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos79. 36 81 Art. 37 82 Art. he shall remain under confinement until his fine referred in the preceding paragraph is satisfied. and shall not exceed fifteen days. 4. A pardon shall not work the restoration of the right to hold public office. The fine. but such penalty is of fixed duration. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. during the period of time established in the preceding rules. 2. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. shall continue to suffer the same deprivation as those of which the principal penalty consists. 79 80 Art. the subsidiary imprisonment shall not exceed six months. and no fraction or part of a day shall be counted against the prisoner. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. 3. The costs of the proceedings. and in no case shall it continue for more than one year. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. When the principal penalty imposed be only a fine. the convict. Costs shall include fees and indemnities in the course of the judicial proceedings. subject to the following rules: 1. 34 Art.of marital authority. if the culprit shall have been prosecuted for a grave or less grave felony. 2. The reparation of the damage caused. if for a light felony.

as amended by R. 4103. 26 . 3. April 21. 5. ISL should not be applied when it is unfavorable to the accused. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance. It applies only when the penalty served is imprisonment. To fix the maximum. So. they shall offset against each other. the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. 4. If there are several mitigating and aggravating circumstances.85 b) Coverage It applies to 1. If there is aggravating circumstance. If there are two or more mitigating circumstance and no aggravating circumstance. penalty shall be in the minimum. Persons convicted of offense punishable with death penalty or life imprisonment. consider the mitigating and aggravating circumstances according to the rules found in Article 64. It is not limited to violations of the Revised Penal Code. no aggravating. 39. 5465. as amended. penalty next lower in degree shall be the one imposed. 86 The Indeterminate Sentence Law shall not apply to: 1. ISL does not apply to non-divisible penalties. 2. Crimes punished by the Revised Penal Code 2. R. If the crime is punished by the Revised Penal Code. no mitigating. Special Laws86 83 84 Art. penalty shall be imposed in the maximum. then it does not apply. 1969. Whatever remains. whenever the Indeterminate Sentence Law is applicable. apply the rules.5. there is always a minimum and maximum of the sentence that the convict shall serve.A. If there is mitigating circumstance. 85 This means – 1. If not by imprisonment. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve83 e) Application i) Indeterminate Sentence Law84 Governs whether the crime is punishable under the Revised Penal Code or a special Law.A. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. a) Application on the imposed sentence Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged.

Persons who are habitual delinquents. 9. not yet served. 39 90 Ramos v. not an accessory penalty. Those whose maximum term of imprisonment does not exceed one (1) year. that the duration of the convict’s sentence refers to several penalties for different offenses. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. 27 . 72 SCRA 59 91 People vs. 3. In absence of such express statement. ii) Three-fold Rule The maximum duration of the convict’s sentence shall not be more than three (3) times the length of time corresponding to the most severe of the penalties imposed upon him and shall not exceed forty (40) years. 7. Gonong. Art.87 The ―most severe penalties‖ include equal penalties. the accused must suffer subsidiary imprisonment.G. 8. 89 Art. Persons who shall have escaped from confinement or evaded sentence. 4 and 5. sedition. b. 5. Persons convicted of misprision of treason. It is not of fixed duration. the subsidiary imprisonment cannot be imposed.91 2. in order that subsidiary imprisonment may be enforced. espionage. it must be expressly stated in the judgment that in case of failure to pay the fine. Persons convicted of treason. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. However. 70 88 It should be noted however. conspiracy or proposal to commit treason.c) Conditions of parole The prisoner could be released on parole after serving the minimum sentence and could be re-arrested to serve the maximum. the 3-fold rule applies only when the convict has to serve at least 4 sentences. Persons convicted of piracy. 52 O. 4. 248 There is no subsidiary penalty if: a. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto. Those sentenced to destiero or suspension (this are not punishable by imprisonment) 87 pars. 6.88 iii) Subsidiary Imprisonment It is imposed when the person has no property with which to meet the fine mentioned in Article 38.90 It is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the culprit’s insolvency. Jarumayan. 3 at the rate of one day for each P8. rebellion. The principal penalty is higher than prision correccional.89 However. The reason is because subsidiary imprisonment is a substitute principal penalty. par.00.

4. 3 94 WHEREAS clause 95 Sec.94 c) Grant of probation. An order granting or denying probation shall not be appealable. A person placed on probation. though properly imposable is not expressly stated in the judgment. The penalty does not include fine 92 P.95 c. as amended 93 Sec. 968. An application for probation shall be filed with the trial court. is released subject to conditions imposed by the court and to the supervision of a probation officer.f) Execution and Service i) Probation Law92 a) Definition of terms Probation A disposition under which a defendant. after it shall have convicted and sentenced a defendant and upon application at any time of said defendant. or e. or the automatic withdrawal of a pending appeal. with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be deemed a waiver of the right to appeal. Imprisonment and fine.D.93 Probationer Probation Officer b) Purpose To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism. 28 . destierro and fine. One who investigates for the court a referral for probation or supervises a probationer or both. after conviction and sentence. suspension and fine). suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. The penalty is not FIDS (Fine. The subsidiary penalty. d. manner and conditions The court may. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.

antecedents. mental and physical condition of the offender. d) Criteria of placing an offender on probation The court shall consider all information relative to the character. conscience of the probationer. and Discretionary conditions: The trial court. as a probationer. e) Disqualified offenders Those: a) sentenced to serve a maximum term of imprisonment of more than six (6) years. the probation is incompatible with the freedom of cancelled. unduly restrictive of the probationer. the (2) such condition should not be moment any of these is violate. and 29 . and available institutional and community resources. which approved the application for probation.The probation law imposes two kinds of conditions Mandatory conditions 1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application. provided the same would not violate the constitutional rights of the offender and 2) The convict. environment. must report subject to this two (2) restrictions: to the PO at least once a month during the period of probation unless sooner required by (1) the conditions imposed should not be the PO. or b) there is undue risk that during the period of probation the offender will commit another crime. and These conditions being mandatory. or c) probation will depreciate the seriousness of the offense committed. Probation shall be denied if the court finds that: a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. d) who have been once on probation under the provisions of this Decree. may impose any condition which may be constructive to the correction of the offender. c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos. b) convicted of any offense against the security of the State.

15. not more than one (1) year In all other cases. 30 . which may be informal and summary. The probationer. If the violation is established.96 f) Period of probation a) Sentenced to a term of imprisonment of Not to exceed two (2) years. 9. shall immediately be brought before the court for a hearing. the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted. the court may revoke or continue his probation and modify the conditions thereof. once arrested and detained.e) who are already serving sentence at the time the substantive provisions of this Decree became applicable. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. The defendant may be admitted to bail pending such hearing. 14) 98 Sec. the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision.98 h) Termination of probation. computed at the rate established in Art. b) Sentence imposes a fine only and the Not less than nor more than twice the total of days of subsidiary offender is made to serve subsidiary number imprisonment. If revoked. the court shall order the probationer to serve the sentence originally imposed. 96 97 Sec. g) Arrest of probationer At any time during probation. 39 of the Revised Penal Code (Sec. the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. of the violation charged. exceptions After the period of probation and upon consideration of the report and recommendation of the probation officer. said period shall not exceed six (6) years. In such a case.97 imprisonment in case of insolvency.

he is detained in jail. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said article did not make any distinctions.A. regardless of the penalty imposed by the Court. as amended 104 supra 105 ibid. or even if bailable.The probationer and the probation officer shall each be furnished with a copy of such order.106 99 Sec. which provides child-appropriate proceedings. 603. re-integration and aftercare to ensure their normal growth and development. 100 31 . id. cannot afford to post the bond.A.99 i) The Comprehensive Dangerous Drugs Act of 2002100 Any person convicted for drug trafficking or pushing under this Act. 106 Art. He is known as detention prisoner. as amended. During the trial of his case. rehabilitation.101 ii) Juvenile Justice and Welfare Act of 2006. 968. 9165 101 Sec. including programs and services for prevention. 102 R. 16 R. g) Distinguished from preventive imprisonment Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable.102 also refer to Child and Youth Welfare Code103 a) Definition of child in conflict with the law104 b) Exemption from criminal liability105 c) Juvenile justice and welfare system A system dealing with children at risk and children in conflict with the law.D. 24. 9344 103 P. diversion.

and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. 91 109 Ibid. Ten (10) years. Modification and Extinction of Criminal Liability a) Prescription of crimes It is the forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the lapse of a certain period of time.109 Crimes punishable by death. 110 Except those punishable by arresto mayor . Book I Art.6. the authorities or their agents.108 The period shall be interrupted by the filing of the complaint or information.five (5) years 32 . or are unjustifiably stopped from any reason not imputable to him. Six (6) months Two (2) months 107 108 See Reyes. Revised Penal Code.110 One (1) year. reclusion temporal Crimes punishable by other afflictive penalties Correctional penalty Libel or other similar offenses Oral defamation and slander by deed Light offenses Fifteen (15) years. reclusion perpetua or Twenty (20) years.107 The period of prescription shall commence to run from the day of discovery of the crime by the offended party.

Dir. 2 33 . if it is the husband who is the offender. concubinage.115 d) Pardon by the Chief Executive Extinguishes criminal liability of the offender. e) Amnesty A pardon extended by the government to a group or class of persons. 31 Phil 60). Art. must have been imposed by final judgment. 344 115 Sec.111 One (1) year. 112 Except the penalty of arresto mayor – five (5) years. seduction or abduction when granted before the institution of the criminal action also extinguishes criminal liability. rape. the act of sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted. in the crime of rape.A. The penalty. acts of lasciviousness.b) Prescription of penalties The loss or forfeiture of the right of the State to execute the final sentence of conviction after the lapse of a certain period of time. It is granted only after conviction and may be extended to any of the offenders. 92 113 An act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed (De Leon vs. Of Prisons. However. 8353.116 111 112 Twenty (20) years Fifteen (15) years Ten (10) years. usually for a political offense. It cannot include civil liability which the offender must pay. the subsequent forgiveness by the wife shall extinguish the criminal action or the penalty except when the marriage is void ab initio. in cases of adultery. Death and reclusion perpetua Other afflictive penalties Correctional penalties Light penalties c) Pardon113 by offended party Only extinguishes civil liability.114 Under R. to be subject of prescription. 114 Art.

Art..‖ 116 117 Black’s Law Dictionary.117 Thus. Barroquinto. 642 th 34 . 9 Ed. et al. It looks backward and abolishes and puts into oblivion the offense itself. Fernandez.Needs concurrence of congress. 89 says ―xxx by amnesty which completely extinguishes the penalty and all its effects. it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. 82 Phil. et al.

Crimes Against National Security Crimes Treason118 Elements a. Treason cannot be committed in times of peace. not aggravating. 114 Treason: breach of allegiance to the government. The offender owes allegiance to the Government of the Philippines b. Confession of the accused in open court. only in times of war – actual hostilities.119 or 118 Art. Only Filipino citizens or permanent resident aliens can be held liable c. Adherence may be proved by: (1) one witness. There is a war in which the Philippines is involved. At this stage. levies war against the govt. (2) from the nature of the act itself. Example: X saw arms landed in La Union and loaded into a motor vehicle. Y later saw the arms unloaded in a warehouse. enhances forces of the enemy country. b. and are. The offender either – 1. Because the law requires that 2 witnesses see the same overt act. On Citizenship: a. When killings and other common crimes are charged as overt act of treason. But that of an alien must be committed in the Philippines. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. But membership in the police force during the occupation is not treason. which weaken and tend to weaken the power of the same Adherence and giving aid or comfort must concur together.Book II 1. Filipino citizens can commit treason outside the Philippines. offender can be prosecuted. therefore. b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. Ways of proving treason: a. Treason is a continuing crime. But no need for declaration of war Levying of war: a) that there be an actual assembling of men. mere attempt consummates the crime Giving aid or comfort – material element. 35 . No such thing as attempted treason. they cannot be regarded as (1) separate crimes or (2) as complex with treason. not sufficient to convict yet. (3) from the circumstances surrounding the act. 2 witnesses testifying to same overt act. b. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that . Even after the war. committed by a person who owes allegiance to it. Evident premeditation. Will X + Y be sufficient witnesses to convict? Answer: No. c. superior strength and treachery are circumstances inherent in treason.

If the other accepts.adherence 3. he can still confess in open court by stating the particular acts constituting treason. or 2. breach of allegiance 2. a.2. giving aid or comfort to the enemy 121 Art.actual assembling of men 3. In times of war b. giving them aid and comfort120 Conspiracy to commit treason121 a. Withdrawing plea of “not guilty” during arraignment not necessary If during arraignment he pleads guilty.breach of allegiance 2. 119 1. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. 2 or more persons come to an agreement to 1. proposes its execution to some other person/s. c. levy war against the govt. adheres to the enemies. or to adhere to the enemies and to give them aid or comfort. simply saying “I’m guilty” is not enough.for the purpose of executing a reasonable design 120 1. 115. Proposal to commit treason They decide to commit it. A person who has decided to levy war against the government. court will ask if the accused understands is plea. even if assisted by counsel is not enough. adhere to the enemies and to give them aid or comfort. During trial. If he has pleaded not guilty already during arraignment. Submission of affidavit during trial. it is already conspiracy 36 . In times of war b.

data. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.124 122 Art.Misprision of treason122 a. which he had in his possession by reason of the public office holds. What is important is that the information related is connected with the defense system of the Philippines. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides. He has knowledge of any conspiracy (to commit treason) against the government c. It is not conditioned on citizenship. photographs or other data of a confidential nature relative to the defense of the Philippines. transmitting. plans. 123 Art. RPC states 4 individuals. Entering. fort. and not a foreigner b. or naval or military establishments or reservation to obtain any information. what if you report to some other high-ranking government official? Ex. or information mentioned. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. warship. 124 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. Espionage123 a. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission “To report within a reasonable time” – depends on time. The offender must be owing allegiance to the government. Wiretapping is NOT espionage if the purpose is not something connected with the defense 37 . place and circumstance – the RPC did not fix time. b. Disclosing to the representative of a foreign nation the contents of the articles. without authority therefor. 117 Espionage: the offense of gathering.

118 Crime is committed in time of peace. notice or information might be useful to the enemy b. it could be economic reprisals. In times of war in which the Philippines is involved b. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. Example. There is war in which the Philippines is not involved b. The offender violates such regulation. it must be correspondence with the enemy country Doesn’t matter if correspondence contains innocent matters – if prohibited. there is a need for prohibition In any case. or denial of entry into their country. intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Violation of neutrality126 a. Correspondence with hostile country127 a. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. that is already reprisal. It is not correspondence with private individual in enemy country If ciphers were used. If China bans the entry of Filipinos into China. X burns Chinese flag. punishable 38 .Inciting to war or giving motives for a. no need for prohibition If ciphers were not used. The offender makes correspondence with an enemy country or territory 125 Art. 119 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality 127 Art. 126 Art. The offender performs unlawful or reprisals125 unauthorized acts b. 120 Circumstances qualifying the offense: a.

The offender attempts to flee or go to enemy country d. If none. Which is prohibited by competent authority 128 Art. There is a war in which the Philippines is involved b.occupied by enemy troops c. containing notice or information which might be useful to the enemy Flight to enemy’s country128 a. The offender129 must be owing allegiance to the government c. 129 Filipino or resident alien 39 . prohibited by the govt. or 2. even if went to enemy country – no violation Alien resident may be guilty here. or carried on in ciphers or conventional signs. 121 Mere attempt consummates the crime There must be a prohibition.. The correspondence is either – 1.

D. By seizing the whole or part of the cargo of said vehicles. A vessel is on seas131/Philippine waters the high b. 532) b. physical injuries. piracy is part of robbery and theft 131 Any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign gov’t 132 if committed by crew or passengers. 122 Two (2) Ways of Committing Piracy: a. or rape. homicide.134 130 Art. its equipment or personal belongings of its complement or passengers Piracy in high seas – jurisdiction is with any court where offenders are found or arrested Piracy in internal waters – jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law. the crime is not piracy but robbery in the high seas 133 Art. The offenders are not members of its complement or passengers of the vessel c. attack or seize that vessel132 or 2. Offenders seized a vessel by boarding or firing upon the same b. The offenders – 1. its equipment or personal belongings of its complement or passengers Qualified piracy133 a. seize the whole or part of the cargo of said vessel. The crime is accompanied by murder.Piracy130 a. They have abandoned their victims without means of saving themselves c. By attacking or seizing a vessel on the high seas or in the Philippine waters (P. 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 134 The above may result to qualified mutiny 40 .

or vehicles. irrespective of its depth. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. Any road.a) Anti-Piracy and Anti. breadth. in Philippine waters. bays around. irrespective of the value thereof. gulfs. and other submarine areas over which the Philippines has sovereignty or jurisdiction.D. by means of violence against or intimidation of persons or force upon things. such as but not limited to. between and connecting each of the Islands of the Philippine Archipelago. equipment. seas. articles. including territorial sea. or railway or railroad within the Philippines used by persons. 532 41 .Highway Robbery135 i) Definition of terms Philippine Waters All bodies of water. or property or both. and all other waters belonging to the Philippines by historic or legal title. or the taking away of the whole or part thereof or its cargo. Any attack upon or seizure of any vessel. The offenders shall be considered as pirates. the insular shelves. the sea-bed. including a passenger or member of the complement of said vessel. or locomotives or trains for the movement or circulation of persons or transportation of goods. length or dimension. It shall include all kinds and types of vessels or boats used in fishing. or the personal belongings of its complement or passengers. Vessel Philippine Highway Piracy 135 P. passage. committed by any person. highway and bridges or other parts thereof. street.

Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage. murder or homicide is committed as a result or on the occasion of piracy.Highway Robbery/Brigandage The seizure of any person for ransom. Piracy136 b. while it is in flight141. Any person who compels a change in the course or destination of an aircraft of Philippine registry. shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. 6235 140 Sec. or when the seizure is accomplished by firing upon or boarding a vessel. 136 The penalty is reclusion temporal in its medium and maximum periods. ii) Punishable acts a. the penalty is death (Sec. such as giving them information about the movement of police or other peace officers of the government. committed by any person on any Philippine Highway. or when the offenders abandoned the victims without means of saving themselves. the penalty is reclusion perpetua. Highway Robbery/Brigandage137 c. the penalty is reclusion temporal in its medium and maximum periods. If physical injuries or other crimes are committed as a result or on the occasion thereof. If rape. or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom. 137 The penalty is reclusion temporal in its minimum period. 4) 139 P. If kidnapping for ransom or extortion. extortion or other unlawful purposes. or to seize up or usurp the control thereof. or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means.D. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage.138 b) Anti-Hijacking Law139 i) Punishable acts140 a. 1 141 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly. the mandatory penalty is death. or rape is committed as a result or on the occasion thereof. 42 . or murder or homicide. b. unless the contrary is proven (Sec. 3) 138 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands.

c) Human Security Act of 2007142 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a.148 or under 1. Dealing in. No. 324 149 P. No. 122 144 Art. Ammunitions or Explosives. 5207 152 R. 6235 153 P. 134-a 146 Art. The Law on Arson149 1990150 2. Anti-Piracy and Anti-Highway Robbery Law of 1974. 248 147 Art. Acquisition or Disposition of Firearms.154 142 143 R. 1866. 6. 267 148 Art. No.145 including acts committed by private persons d. 532 154 P. Decree Codifying the Laws on Illegal and Unlawful Possession. Crimes Involving Destruction. A. Atomic Energy Regulatory and Liability Act of 1968151 4. Kidnapping and Serious Illegal Detention147 f. Coup d' Etat. A. as amended 43 .A. 9372 Art. 6969 151 R. 1613 150 R. Manufacture.153 and. D. A. D. 134 145 Art. Rebellion or Insurrection144 c. D. Toxic Substances and Hazardous and Nuclear Waste Control Act of 3. No. Murder146 e. No. Anti-Hijacking Law152 5. No. Piracy in General and Mutiny in the High Seas or in the Philippine Waters143 b.

(c) by harboring. or instruments thereof. having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism. or assisting in the escape of the principal or conspirator of the crime. 17 and 18 of the Revised Penal Code (See Reference) 161 Accessory 44 . 3) 156 Conspiracy to Commit Terrorism There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same (Sec. in order to prevent its discovery.thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace.. as amended (Sec. concealing.159 3. 17 of the Revised Penal Code 158 as defined in Section 4 thereof 159 Accomplice (Sec. Any person who. either as principal or accomplice. 4) The penalty is forty (40) years of imprisonment. 157 under Art. (a) by profiting himself or assisting the offender to profit by the effects of the (b) by concealing or destroying the body of the crime.158 cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts. or the effects.160 takes part subsequent to its commission in any of the following manner: crime. without the benefit of parole as provided for under Act No.161 155 The penalty is forty (40) years of imprisonment. Persons who conspire to commit the crime of terrorism.156 2. 4103. 160 under Arts.155 ii) Who are liable 1. 5) The penalty is from seventeen (17) years. otherwise known as the Indeterminate Sentence Law. and without having participated therein. Any person who. not being a principal157 or a conspirator. four (4) months one day to twenty (20) years of imprisonment.

By detaining a person without legal ground b. commission of a crime b. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. Crime is about to be. Legal grounds for the detention of any person: a. is being. The detention was without legal grounds 162 Art. Crimes Against the Fundamental Laws of the State Crimes Arbitrary detention162 Elements a. He detains a person163 c. private individuals who conspire with public officers can also be liable. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant 163 actual restraint 45 . has been committed b. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person.2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. 124 Classes of Arbitrary Detention: a. Offender is a public officer or employee b. Though the elements specify that the offender be a public officer or employee.

126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation 46 . 12 hours. Offender without good reason delays: 1. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. prosecutors – though technically not a judicial authority. if detained for crimes/offenses punishable by light penalties.) The filing of the information in court does not cure illegality of detention. for crimes/offenses punishable by capital punishment or afflictive penalties. or their equivalent or 3. Duty complied with upon the filing of the complaint with the judicial authority (courts.Delay in the delivery of detained a. Such waiver is not violative of the accused’s constitutional right. May be waived if a preliminary investigation is asked for. 125 Detention is legal in the beginning. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. crime is illegal detention 165 Art. or that there is a proceeding upon a petition for the liberation of such person c. he’s considered as one. the service of the notice of such order to the 164 Art. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person. or their equivalent 2. Neither does it affect the legality of the confinement under process issued by the court. Serious and less serious offenses – 7 to 10 days. There is a judicial or executive order for the release of a prisoner or detention prisoner. for crimes/offenses punishable by correctional penalties. He has detained a person for some legal ground c. Offender is a public officer or employee b. To escape from this. 18 hours. for purposes of this article. Really means delay in filing necessary information or charging of person detained in court. or their equivalent Delaying release165 a. 36 hours. What is length of waiver? Light offense – 5 days. Offender is a public officer or employee persons164 b. He fails to deliver such person to the proper judicial authority within: 1. Does not contemplate actual physical delivery but at least there must be a complaint filed.

Offender is a public officer or employee b. Offender is a public officer or employee b. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. even if he knew that someone in that dwelling is having unlawful possession of opium “Being authorized by law” – means with search warrant. save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. He commits any of the following acts: 166 Art. by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion. or 3. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual. will amount to grave coercion. 167 Art. If done by a private person. destierro.prisoner. or when sent to prison If X (Filipino) after he voluntarily left. the crime committed is trespass to dwelling (Art 280) When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. or 2. the proceedings upon a petition for the release of such person Expulsion166 a. the crime committed by the public officer is grave coercion. Does not include undesirable aliens. by expelling a person from the Philippines b. is refused re-entry – is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. or unjust vexation. 127 2 acts punishable: a. He is not authorized to do so by law Violation of domicile167 a. 47 . He expels any person from the Philippines. if violence or intimidation is used (Art 286). or compels a person to change his residence c. the performance of such judicial or executive order for the release of the prisoner. if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner.

1. X owner was handcuffed while search was going-on. Offender is a public officer or employee b. Abuse. b. refusing to leave the premises. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. 3. There is no just cause a. entering any dwelling against the will of the owner thereof. He procures a search warrant c. all details must be with particularity Malicious warrant. Persons who were not respondents were searched 48 . He exceeds his authority or uses unnecessary severity in executing the same 168 Article 129 Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People. Example. Examples: a. Offender is a public officer or employee Abuse in the service of those legally obtained168 b. X was a respondent of a search warrant for illegal possession of firearms. commanding him to search for personal property described therein and bring it before the court No just cause – warrant is unjustified Search – limited to what is described in the warrant. He has legally procured a search warrant c. signed by the judge and directed to a public officer. searching papers or other effects found therein without the previous consent of such owner. A return was made. 2. Tank was used to ram gate prior to announcement that a search will be made c. after having surreptitiously entered said dwelling and after having been required to leave the same. Search warrants obtained and maliciously a.

Offender is a public officer or employee b. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting. 170 Article 131 Prohibiting or hindering any person from addressing. acts: 1. or any member of his family. in the peaceful meeting. 171 e. He performs any of the ff. not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. The owner. Example: Ordinance requires permits for meetings in public places. without legal ground the holding of a peaceful meeting. or two witnesses residing in the same locality are not present Prohibition.Searching witnesses169 domicile without a. Homeowner b. denial of permit in arbitrary manner 49 . it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. papers or other belongings of any person d. hindering any person from joining any lawful association or from attending any of its 169 Article 130 Order of those who must witness the search: a.g. or dissolving the same171 2. either alone or together with others. interruption. not a participant. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. But if police stops a meeting in a private place because there’s no permit. officer is liable for stopping the meeting. Offender is a public officer or employee b. prohibiting or interrupting. He is armed with a search warrant legally procured c. He searches the domicile. otherwise. and dissolution of peaceful meetings170 a. Latter is preferred for objective determination. Members of the family of sufficient age and discretion c. Responsible members of the community (can’t be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending.

172 Art. a private person. The acts must be notoriously offensive to the feelings of the faithful175 c. marriage X. as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful.meetings Interruption worship172 of religious a. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). only the place is material 175 deliberate intent to hurt the feelings 50 . When priest is solemnizing marriage. He prevents or disturbs the same Offending religious feelings173 a. Offender is a public officer or employee b. he is a person in authority. directed against religious tenet. baptism. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. 133 If in a place devoted to religious purpose. during the celebration of any religious ceremony b. Mass. But if done in a private home.174 or 2. but only a meeting of a religious sect. no need of religious ceremony. Offender is any person d. Is X liable? X may be liable under Art. although in other cases. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. There is a deliberate intent to hurt the feelings of the faithful. mere arrogance or rudeness is not enough 174 for this element. 173 Art. 133 because X is a private person. Processions and special prayers for burying dead persons but not prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. Religious ceremonies or manifestations of any religion are about to take place or are going on c. Ex. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. he’s not. The acts complained of were performed – 1. in a place devoted to religious feelings. a manifestation of religion.

having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall. 51 . present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day 176 177 R. 9372 See Reference 178 Ibid. The police or law enforcement personnel concerned shall. or law enforcement personnel. deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested. If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state Peaceful Meeting Crime against the Public officers.Crime Nature of Crime Who are Liable If Element Missing Prohibition. before detaining the person suspected of the crime of terrorism. any police or law enforcement personnel. who. Human Security Act of 2007176 (1) Period of detention The provisions of Article 125177 of the Revised Penal Code to the contrary notwithstanding. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7178 and examination of bank deposits under Section 27179 of this Act. and taken into custody by the said police.A. 179 Ibid. If not tumults = alarms Religious Feeling order private persons. detained. and scandal outsiders If meeting illegal at onset = inciting to sedition or rebellion a. Crime against the Public officers. If by insider = unjust of fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Interruption Religious Worship Offending the Crime against public Public officers. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities.

to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her. city. 182 R. holidays or after office hours. and jumping on the stomach. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided .A. 9745 52 . Within three days after the detention the suspects. holidays or after office hours. Sundays. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. shall be released immediately181. disability or dysfunction of one or more parts of the body. b. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. Sec. It shall be the duty of the judge. In the event of an actual or imminent terrorist attack. exhaustion. to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical. among other things. such as: (1) Systematic beating. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. provincial or regional official of a Human Rights Commission or judge of the municipal. punching. whose connection with the terror attack or threat is not established. kicking. Sundays. suspects may not be detained for more than three (3) days without the written approval of a municipal. regional trial court. 19. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. head banging. 18. 180 181 Sec..That where the arrest is made during Saturdays. Anti-Torture Act182 (1) Punishable acts (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. striking with truncheon or rifle butt or other similar objects. If the arrest is made during Saturdays. moral or psychological torture by whom and why.or night. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph180.

urine. (13) The use of psychoactive drugs to change the perception. or electrical torture of the genitals. etc. memory. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. by the rubbing of pepper or other chemical substances on mucous membranes. ear. animal or human excreta and other stuff or substances not normally eaten. and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. such as: 53 . (5) The submersion of the head in water or water polluted with excrement. or acids or spices directly on the wound(s). and (14) Other analogous acts of physical torture. hot oil. including the insertion of foreign objects into the sex organ or rectum. (11) Harmful exposure to the elements such as sunlight and extreme cold. (10) Pulling out of fingernails. tongue. such as: (i) The administration or drugs to induce confession and/or reduce mental competency. (7) Rape and sexual abuse.(2) Food deprivation or forcible feeding with spoiled food. (6) Being tied or forced to assume fixed and stressful bodily position. burning by electrically heated rods. (8) Mutilation or amputation of the essential parts of the body such as the genitalia. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. (9) Dental torture or the forced extraction of the teeth. (4) Cigarette burning. acid. alertness or will of a person. (3) Electric shock.. vomit and/or blood until the brink of suffocation.

(4) Prolonged interrogation. criminally 54 . 4. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. public display or public humiliation of a detainee or prisoner. (10) Shame infliction such as stripping the person naked.183 (2) Who are liable184 Any person who actually participated or induced another in the commission of torture or other cruel. (2) Threatening a person(s) or his/her relative(s) with bodily harm. relatives or any third party. parading him/her in public places. (8) Causing the torture sessions to be witnessed by the person's family. (9) Denial of sleep/rest. shaving the victim's head or putting marks on his/her body against his/her will. and (12) Other analogous acts of mental/psychological torture. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. execution or other wrongful acts. (3) Confinement in solitary cells or secret detention places. (5) Preparing a prisoner for a "show trial".(1) Blindfolding. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. (7) Maltreating a member/s of a person's family. creating the belief that he/she shall be summarily executed. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be 183 184 Sec.

or (c) By harboring. during or immediately after its commission. inhuman and degrading treatment or punishment shall be committed. inhuman and degrading treatment or punishment is being committed and without having participated therein.held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. If he/she has knowledge of or. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel. inhuman and degrading treatment or punishment. That the accessory acts are done with the abuse of the official's public functions. whether deliberately or due to negligence shall also be liable as principals.185 185 Sec. did not take preventive or corrective action either before. when he/she has the authority to prevent or investigate allegations of torture or other cruel. inhuman and degrading treatment or punishment: Provided. or has been committed by his/her subordinates or by others within his/her area of responsibility and. (b) By concealing the act of torture or other cruel. 13. abetted or allowed. inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. or negligence committed by him/her that shall have led. whether directly or indirectly. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. 55 . despite such knowledge. either as principal or accomplice. the commission thereof by his/her subordinates. owing to the circumstances at the time. should have known that acts of torture or other cruel. is being committed. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. assisted. concealing or assisting m the escape of the principal/s in the act of torture or other cruel.

There be – Art. which may result in homicide. or 3. heads a rebellion or insurrection. mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. 4. or ii. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians. not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation Rising publicly and taking arms against government – actual participation. Examples: killing. Crimes Against Public Order Crimes Rebellion or insurrection186 186 Elements a. Public officer must take active part because mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to. it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. robbing were done for private purposes or for profit. performed similar acts on behalf of the rebels Persons liable for rebellion: i. engaging in war against the forces of the government 2. Any person who: 1. the crime would be separately be punished and would not be embraced by rebellion (People v. If there is no public uprising. Any person who. purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the gov’t. However. without any political motivation. Mere giving of aid or comfort is not criminal in the case of rebellion. takes part therein by: 1. spoke for them c. even if not in furtherance of rebellion cannot be complexed If killing. 134 Success is immaterial. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion). signed receipts and other documents issued in their name d. Rape. illegal association are absorbed. the crime is of direct assault. promotes 2. maintains. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion.2. or that they never recognized the government Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government 56 . Merely sympathizing is not participation. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. directed the others b. while holding any public office or employment. possessions of firearms. destroying property or committing serious violence 3. there must be actual participation Not necessary that there is killing. Furthermore. It is not limited to hostilities against the armed force.

without any political motivation. would be separately punished and would not be absorbed in the rebellion. 134-A 57 . anybody of land. or ii. Directed against: 1. 187 188 Killing. Purpose of the uprising or movement is either 1. the territory of the Philippines or any part thereof. of any of their powers or prerogatives Coup d e’tat188 a.1. public uprising and 2. to remove from the allegiance to said government or its laws – i. Committed by any person or persons belonging to the military or police or holding any public office or employment. force/violence Art. taking arms against the government187 b. naval or other armed forces. or 2. threat. to deprive the chief executive or congress. for private persons or for profit. strategy or stealth c. robbing etc. Purpose of seizing or diminishing state power a. 4. Swift attack b. Singly or simultaneously carried out anywhere in the Philippines or e. wholly or partially. intimidation. 2. duly constituted authorities any military camp or installation communication networks or public utilities other facilities needed for the exercise and continued possession of power d. with or without civilian support or participation f. Accompanied by violence. 3.

Failing to resist rebellion by all the means in their employees191 power b. 192 Art. and soliciting funds for the organization show conspiracy to overthrow the gov’t The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t Conspiracy must be immediately prior to rebellion If it is during the rebellion. 2 more persons come to an agreement to rise insurrection189 publicly and take arms against the government b. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. then there’s disloyalty. Proposes its execution to some other person/s Disloyalty of public officers and a. then it is already taking part in it. Accepting appointment to office under rebels Inciting to rebellion or insurrection192 a.Conspiracy to commit rebellion or a. For any of the purposes of rebellion c. If there are no means. soliciting membership in. Continuing to discharge the duties of their offices under the control of rebels c. A person who has decided to rise publicly and insurrection190 take arms the government b. They decide to commit it Proposal to commit rebellion or a. He incites others to the execution of any of the 189 190 Art. 137 Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it. 136 Organizing a group of soldiers. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 58 . 191 Art. no fault If position is accepted in order to protect the people. Offender does not take arms or is not in open hostility against the government b. For any of the purposes of rebellion c.

emblems.acts of rebellion c. or any public thereof from freely exercising its or his functions. Publicly194 2. In rebellion – there must be taking up of arms against the government. banners or other representations tending to the same end Sedition193 a. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. In rebellion – always political Tumultuous – caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition – offender may be a private or public person (Ex. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. any act of hate or revenge against private persons or any 193 Art. The inciting is done by means of speeches. Tumultuously195 b. leader of the sedition. Offenders employ any of those means to attain any of the following objects: 1. Difference from rebellion – object or purpose of the surprising. Sedition – purpose may be either political or social. to prevent the promulgation or execution of any law or the holding of any popular election 2. Offenders rise – 1. For sedition – sufficient that uprising is tumultuous. or other means outside of legal methods c. Soldier) Public uprising and the object of sedition must concur Persons liable for sedition: a. proclamations. or any provincial or municipal government. 139 Sedition: raising of commotion or disturbances in the State. intimidation. writings. and b. to commit for any political or social end. other persons participating in the sedition 194 if no public uprising = tumult and other disturbance of public order 195 vis-à-vis rebellion where there must be a taking of arms 59 . to prevent the national government. or prevent the execution of any administrative order 3. They employ force.

Offender does not take a direct part in the crime of sedition b. b. He incites others to the accomplishment of any of the acts which constitute sedition198 c. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches.. etc. Different acts of inciting to sedition: a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. writings. even private persons may be offended parties Art. publishing. to despoil. when they suggest or incite rebellious conspiracies or riots.199 196 197 hence. writings. banners. or other representations tending to the same end. cartoons. libelous] libels against the government or any of the duly constituted authorities thereof. the safety and order of the government 198 Art. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. The inciting is done by means of speeches. Uttering seditious words or speeches which tend to disturb the public peace. Writing. municipality or province. any person. or d. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. proclamations. which tend to disturb the public peace c. emblems etc. for any political or social end. publishing. 2. actual disturbance not necessary 60 . or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. mean. proclamations. writing.social class196 5. when they tend to instigate others to cabal and meet together for unlawful purposes c. 134 199 Purpose: cause commotion not exactly against the government. or circulating scurrilous [vulgar. Uttering seditious words or speeches which tend to disturb the public peace or writing. 3. emblems. or the national government of all its property or any part thereof Inciting to sedition197 a. Knowingly concealing such evil practices When punishable: a. 142 Acts punished: 1. which tend to disturb the public peace. emblems. or b. proclamations.

or of any provincial board or city or municipal council or board b. Offender is a public officer or employee b. attending the meeting of the assembly or any of its committees. 201 Art. There be a projected or actual meeting of meeting of congress and similar Congress or any of its committees or bodies200 subcommittees. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Violation immunity202 of parliamentary a.Acts tending to prevent the a. Accused may also be punished for contempt 202 Art. except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 61 . By using force. expressing his opinions or 3. He arrests or searches any member of Congress 200 Art. threats. intimidation. he disturbs any of such meetings 2. constitutional commissions or committees or divisions thereof. 144 Complaint must be filed by member of the Legislative body. casting his vote b. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. or from 2. Offender who may be any persons prevents such meeting by force or fraud Disturbance of proceedings201 a. or of any provincial board or city or municipal council or board b. Offender does any of the following acts: 1. By arresting or searching any member thereof while Congress is in a regular or special session. constitutional commissions or committees or division thereof. or frauds to prevent any member of Congress from – 1. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. There be a meeting of Congress or any of its committees. constitutional commissions or committees or divisions thereof.

if they are not armed. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. is in a regular or special session d. Or for some purpose contrary to public morals 203 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment. is incited to the commission of the crime of treason. at the time of arrest or search. purpose of the meeting is to commit acts punishable under the RPC b. mere members of the association 62 . directors and president of the association b. Meeting. 204 Art. Illegal associations 205 a. penalty is arresto mayor b. rebellion or insurrection. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. gathering or group of persons whether in a fixed place or moving 2. considered as leader or organizer of the meeting 205 Art. Meeting of the first form 1. Meeting. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor203 Illegal assemblies204 a. sedition or direct assault.c. purpose: to commit any of crimes punishable under the code 3. founders. gathering or group of persons whether in a fixed place or moving 2. Congress. Audience whether armed or not. Meeting of the second form 1. meeting attended by armed persons b. Organized totally or partially for the purpose of committing any of the crimes in RPC b. the organizers or leaders of the meeting b. or licensed firearms. 147 Persons liable: a. if they carry arms. like bolos or knives.

Direct assault206

1st form: a. Offender employs force or intimidation. b. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition.207 c. There is no public uprising. 2nd form a. Offender 1. makes an attack, 2. employs force, 3. makes a serious intimidation, or 4. makes a serious resistance. b. The person assaulted is a person in authority or his agent. c. At the time of the assault the person in authority

206

Art. 148 Direct assault cannot be committed during rebellion. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun) Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries. 207 victim need not be person in authority

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or his agent 1. is engaged in the actual performance of official duties,208 or that he is assaulted 2. by reason of the past performance of official duties.209 a. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.210 b. There is no public uprising. Indirect assault211 a. A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. b. A person comes to the aid of such authority or his agent. c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. Disobedience to summons212 a. Refusing without legal excuse to obey summons b. Refusing to be sworn or placed under affirmation c. Refusing to answer any legal inquiry to produce books, records etc. d. Restraining another from attending as witness in such body
208 209

motive is not essential motive is essential 210 with intention to offend, injure or assault 211 Art. 149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. 212 Art. 150

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e. Inducing disobedience to a summons or refusal to be sworn Resistance and disobedience to a a. A person in authority or his agent is engaged in person in authority or the agent of the performance of official duty or gives a lawful such person213 order to the offender. b. Offender resists or seriously disobeys such person in authority or his agent. c. The act of the offender is not included in the provisions of Arts. 148, 149 and 150. d. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.
213

Art. 151, par. 1 Persons in authority/Agents of persons in authority (Art. 152) Person in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. a. Barangay captain b. Barangay chairman c. Teachers d. Professors e. Persons charged with the supervision of public or duly recognized private schools, colleges and universities f. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. a. Barrio councilman b. Barrio policeman c. Barangay leader d. municipal treasurer e. postmaster f. Sheriff g. agents of the BIR h. Malacañang confidential agent i. Any person who comes to the aid of persons in authority Sec. 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.

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Simple disobedience214

a. Offender disobeys such agent of a person in authority. b. Such disobedience is not of a serious nature.

Tumults and other disturbances of a. Causing any serious disturbance in a public place, public order215 office or establishment b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132216 c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed. Unlawful use of publication and utterances217 means of a. Publishing or causing to be published, by means unlawful of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches

214 215

Id., par 2 Art. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” 216 Public Officers interrupting peaceful meetings or religious worship 217 Art. 154

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Causing any disturbance or scandal in public places while intoxicated or otherwise. Alarms and scandals218 a. he is guilty of evasion of sentence 67 . or before they have been published officially d. Maliciously publishing or causing to be published any official resolution or document without proper authority. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. provided the act is not covered by Art 153. or other explosive within any town or public place. Offender removes therefor such person. publishing or distributing or (causing the same) books. There is a person confined in a jail or penal establishment. otherwise. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense – is committed by means of violence. tin horns etc. firecracker. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. b. Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise 221 if the escapee is serving final judgment. rocket. insult or annoy Firearm must not be pointed at a person. 155 Tumult Charivari – mock serenade or discordant noises made with kettles. pamphlets.219 Delivering prisoners from jail220 a. it is illegal discharge What governs is the result. or helps the escape of such person221 218 219 Art. calculated to cause alarm or danger b. not the intent 220 Art. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Printing. Discharging any firearm.c. designed to deride. intimidation or bribery.

Offender is a private individual Evasion of sentence or service222 a. conflagration. windows. similar catastrophe. on the occasion of such disorder or during the mutiny. connivance with other convicts or employees of the penal institution 223 destierro included 224 fact of return immaterial 225 Art. violence or intimidation d. earthquake. Offender is a convict by final judgment who is the occasion of disorders. 157 A continuing offense. walls. unlawful entry (by “scaling”) b. deceit. gates. mutiny in which he has not participated. conflagrations. in no case to exceed 6 months. b. 3. Offender is a convict by final judgment. false keys. 2. using picklocks. c. confined in a penal institution. or 4. Offender evades the service of his sentence by leaving the penal institution where he is confined.c. He evades the service of his sentence by escaping during the term if his sentence. disguise. Offender must escape to be entitled to allowance Mutiny – organized unlawful resistance to a superior officer. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. He is serving his sentence which consists in deprivation of liberty223 c. resulting from1. earthquakes or other calamities225 b. Offenders – not minor delinquents nor detention prisoners If escaped within the 15 day appeal period – no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro – not acceptable Circumstances qualifying the offense (done thru): a. a sedition. or 5. roofs or floors c. explosion. 222 Art. There is disorder.224 Evasion of service of sentence on a. breaking doors. a revolt Disarming the guards is not mutiny 68 .

He violated any of the conditions of such pardon. insurrection. or attempted coup d’etat228 b. no conviction necessary. 1866. sedition. But if under Revised Admin Code.d.D. Offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. Dealing in. Decree Codifying the Laws on Illegal / Unlawful Possession. c. of Firearms. President has power to arrest. a. They cannot be charged as separate offenses in themselves. Violation of conditional pardon226 a. 226 Art. Manufacture. Acquisition or Disposition. as amended by R. 159 Infringement of conditions/terms of President Condition extends to special laws – violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. He was granted a conditional pardon by the chief executive. reincarnate offender without trial 227 P. b. 9372 230 supra 231 Ibid. 8294 228 supra 229 R. Human Security Act of 2007229 (1) Punishable acts of terrorism230 (2) Who are liable231 (3) Absorption principle in relation to complex crimes Other crimes committed in the course of acts of terrorism are deemed absorbed either as a means necessary for their commission or as an unintended effect of acts of terrorism. 69 . Offender was a convict.A.A. Ammunition or Explosives227 as an element of the crimes of rebellion.

4. There be false or counterfeited coins235 b. 233 Art. he connives with counterfeiters or importers Multilation of coins – importation and utterance236 232 Art. He used the counterfeit seal or forged signature or stamp. deliver or give away Import – to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority 235 Need not be legal tender Counterfeiting – imitation of legal or genuine coin (may contain more silver. In case of uttering such false or counterfeited coins. 164 This has been repealed by PD 247. 70 . it is not falsification but forging of signature under this article Signature must be forged. 161 When the signature of the President is forged. Offender either made. The great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. Making and importing uttering false coins234 and a. Crimes Against Public Interest Crimes Counterfeiting government232 great seal Elements/How committed of a. 162 Offender is not the forger/not the cause of the counterfeiting 234 Utter – to pass counterfeited coins. imported or uttered such coins. Forging the great seal of the Government b. Offender knew of the counterfeiting or forgery. Forging the signature of the President c. c. Forging the stamp of the President Using forged signature counterfeit seal or stamp233 or a. others signed it – not the President. different design) such as to deceive an ordinary person in believing it to be genuine 236 Art. c. b.

Must be intention to mutilate. On the other hand. the acts punishable are: a. counterfeiting or altering by any means the figures and letters. Must be legal tender. falsifying – lotto or sweepstakes ticket. mutilation c.Selling of false or mutilated coin. possession or mutilated by another person. certificate of deposits. actually uttering. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. national bank notes. Foreign notes and coins not included. Possession of coin. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. under Presidential Decree No. be false or mutilated. 165 Possession does not require legal tender in foreign coins Includes constructive possession 238 Art. coupons. treasury notes. willful defacement b. words. Art. knowing the same to b. certificate of indebtedness. and mutilated coin. with intent to utter. if it is not a government security. 247.. substituting. without connivance237 1. knowing that c. Forging treasury or bank notes – Forging or falsity of treasury/bank notes or importing and uttering238 documents payable to bearer b. Importing of such notes Under this P. 166 Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing. 71 . However. knowledge.D. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here – it’s falsification of commercial document under Article 172 Obligation or security includes: bonds. sweepstakes money If the falsification is done on a document that is classified as a government security. then the offender may either have violated Article 171 or 172. 165 Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. burning e. and intent to utter the same. with b.g. 2. 237 Art. Actually uttering such false or a. bills. then the crime is punished under Article 166. checks. drafts for money. to diminish by inferior means (to diminish metal contents). knowledge it is false or mutilated. signs contained therein e. tearing d. counterfeited a. mutilation is not limited to coins.

Distinction between falsification and forgery 72 . c. Any treasury or bank note or certificate or other obligation and security payable to bearer.” Counterfeiting refers to money.c. whether coins or bills. figure or design would amount to forgery. 167 Art. When what is being counterfeited is obligation or securities. b. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes 241 Article 169 Forgery under the Revised Penal Code applies to papers. it would only be frustrated forgery. what is used is “forgery. There be an instrument payable to order or other uttering instruments not payable document of credit not payable to bearer. Forgery241 239 240 a. Generally. imported or uttered such instruments. he connived with the forger or importer Illegal possession and use of false treasury or bank notes and other instrument of credit240 a. to bearer239 b. number. c. By giving to a treasury or bank note or any Art. or 2. Offender knows that any of those instruments is forged or falsified. the word “counterfeiting” is not used when it comes to notes. using any of such forged or falsified instrument. the crime committed is forgery. That in case of uttering. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. which under the Revised Penal Code is given a status of money or legal tender. Uttering of such false or forged obligations and notes in connivance with forgers and importers Counterfeiting. Offender either forged. At most. importing. which are in the form of obligations and securities issued by the Philippine government as its own obligations. possessing with intent to use any of such forged or falsified instrument. Not any alteration of a letter. and a. Notice that mere change on a document does not amount to this crime. He performs any of these acts – 1. The essence of forgery is giving a document the appearance of a true and genuine document. which is given the same status as legal tender.

The falsification must be committed on a genuine. or telegraph messages. By erasing. Falsification documents242 of legislative a. 170 Accused must not be a public official entrusted with the custody or possession of such document.instrument payable to bearer or to order. otherwise. or signs contained therein.243 b. The term forgery as used in Art. 243 The words "municipal council" should include the city council or municipal board – Reyes 73 . 171 or 172. d. or private documents. or wireless. public or official. Offender alters the same. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. 171 on legislative. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. commercial. A bill. The alteration has changed the meaning of the document. 171 applies. Falsification is the commission of any of the eight acts mentioned in Art. Art. letters or words. the crime is not punished under this article but under Art. c. If committed on a simulated. altering by any means the figures. substituting. true and authentic legislative document. He has no proper authority therefor. the appearance of a true and genuine document b. 242 Art. spurious or fabricated legislative document. counterfeiting.

3. employee. The two signatures or handwritings. Counterfeiting or imitating any handwriting. Offender caused it to appear in a document that a person/s participated in an act or a proceeding. c. or notary public. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. signature or rubric. Requisites: i. employee. 171 For one to be held criminally liable. He falsifies a document by committing any of the following acts: 1. and ii. bear some resemblance to each other 2. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. or ecclesiastical minister244 b. or an attempt to imitate ii. or notary public officer. Ex. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. This kind of falsification may be committed by omission There must be a narration of facts. Requisites: i. the genuine and the forged. Must be on a material matter 74 . Such person/s did not in fact so participate in the act or proceeding 4. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. There be an intent to imitate. not a conclusion of law. Making untruthful statements in a narration of facts246 244 246 Art.Falsification of documents by a. Offender is a public officer. He takes advantage of his official position.

or including in such copy a statement contrary to. There be an alteration (change) or intercalation (insertion) on a document ii. The falsification can be done in two ways. 7. and iv.Requisites: i. The change made the document speak something false. (required by law to be done) and iii. 248 if no knowledge. Offender makes in a document statements in a narration of facts ii. that of the genuine original248 or 247 Date must be essential The document must be material to the right created or to the obligation that is extinguished. Altering true dates247 6. He has a legal obligation to disclose the truth of the facts narrated by him. Requisites: i. The facts narrated by the offender are absolutely false. It can also refer to a public officer or notary who prepared and retained a copy of the document. or different from. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. It can be a certification purporting to show that the document issued is a copy of the original 75 . Made on a genuine document iii. The alteration/intercalation has changed the meaning of the document iv. Making any alteration or intercalation in a genuine document which changes its meaning. falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5.

it is not necessary that there be present the idea of gain or the intent to injure a third person. official or commercial documents. 249 supra 250 Under this paragraph. Introducing in a judicial proceeding: 1. it is presumed If the falsification of public. Offender committed any of the acts of falsification. 245 Art.8. Offender knew that a document was falsified by another person. b. Offender is a private individual or a public officer and use of falsified documents or employee who did not take advantage of his official position. enumerated in Art. entries which are not found on contrary to. Use of falsified document a. Falsification of Public/Official Documents: Prejudice to third persons is immaterial.250 Falsification of private document245 a. no crime of estafa thru falsification of private document 76 . The falsification caused damage251 to a third party or at least the falsification was committed with intent to cause such damage. Intercalating any instrument or note relative to the issuance thereof in a protocol. Sandiganbayan) 251 essential element. what is punished is the violation of public faith and perversion of truth which the document proclaims. He committed any of the acts of falsification enumerated in Art. Falsification by private individuals a. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued.249 c. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. The falsification was committed in any private document c. whether they be public official or by private individuals. The false document is embraced in art. The falsification was committed in any public or official or commercial document. 171. (Sarep vs. hence. 171 or on record when no such original exists. damage is not essential. except those in paragraph 7 and 8. or different from the original genuine document on file. b. 2. or official book. registry. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. 171.

252 b. He used such documents253 4. Use in any other transaction: 1. He introduced said document in evidence in any judicial proceeding. 1 and 2 of art. 173 The public officer. cable and telegraph or telephone message 77 . cable. 1 and 2 of art. or ii. Uttering fictitious. The false document is embraced in art. cable or telephone message.in any subdivisions nos. cable. uttering fictitious wireless. the use is so closely connected in time with the falsification b. Falsification of wireless. 3. wireless. if: a. Offender knew that a document was falsified by another person. Offender is an officer or employee of the telegraph or telephone message government or an officer or employee of a private corporation. engaged in the service of sending or receiving wireless. or telephone message 252 253 intent to cause damage not necessary not in judicial proceedings The user of the falsified document is deemed the author of falsification. or telephone message. 172. and telephone messages. b. cable. the user had the capacity of falsifying the document 254 Art. a. falsifying wireless. to be liable. must be engaged in the service of sending or receiving wireless. 3. Accused commits any of the following acts: i. telegraph. 171 or in any of subdivisions nos. The use of the documents caused damage to another or at least was used with intent to cause such damage. and use of said falsified messages254 1. 2. 172. telegraph. telegraph.

Private individual who falsified a certificate under (a) and (b) Using false certificates258 a. Accused commits any of the following acts: i. or that the use thereof was with intent to cause such prejudice. or telephone message was falsified by any of the person specified in the first paragraph. 174 257 Such certificate must refer to the illness or injury of a person 258 Art. or a private person had 255 256 supra Art.2. good conduct or similar circumstances c. Accused knew that wireless. Accused used such falsified dispatch. The use of the falsified dispatch resulted in the prejudice of a third party. cable or telephone message. or a public officer has issued a false certificate of merit or service. c. falsifying wireless. Falsification of medical a. Public officer who issued a false certificate of merit of service. or telephone message 3. good conduct. telegraph. telegraph. Falsifying wireless. uttering fictitious wireless. or telephone message. Using such falsified message a. telegraph a. b.255 b. in connection with the certificates. 175 78 . certificates of merit or practice of his profession. engaged in the service of sending or receiving wireless. cable. cable. telegraph. A physician or surgeon has issued a false medical certificate. Physician or surgeon who. or similar circumstances. or ii. issued a false certificate257 service and the like256 b. cable. Offender is an officer or employee of the or telephone message government or an officer or employee of a private corporation.

c.falsified any of said certificates. to any public office If the offender commits the acts of usurpation as contemplated herein. Offender knew that the certificate was false. The elements of false pretense is necessary to commit the crime of usurpation of official function. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. 79 . to the gov’t b. b. agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t261. Making or introducing into the Philippines any intruments or implements for stamps. dies or marks or other instruments or falsification259 implements for counterfeiting or falsification b. Manufacturing and possession of a. 259 Art. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person Usurpation of authority or official functions260 1. agent or representative of any department or agency of the Philippine government or of any foreign government. he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. b. Not necessary that he performs an act pertaining to a public officer. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition. By knowingly and falsely representing oneself to be an officer. to any person in authority c. Offender knowingly and falsely represents himself. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. a. 176 The implement confiscated need not form a complete set Constructive possession is also punished 260 Art. As an officer. He used the same. 261 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines.

Offender conceals – 1. or 3. c. and maternal name. His only motive in doing so is to conceal his identity. Any other name which a person publicly applies to himself without authority of law is a fictitious name. to cause damage to public interest. Pertaining to any person in authority or public officer of the Philippine government or any foreign government. just enough to conceal the name of the offender. Under pretense of official position. Offender uses a name other than his real name. to conceal a crime. or any agency thereof. 2. He uses that fictitious name publicly. Without being lawfully entitled to do so. a.264 concealing true name263 a. In concealment of true name. gov’t or foreign gov’t under the pretense of such official position. Signing fictitious name for a passport 80 . Using fictitious name262 a. that the purpose is only to conceal his identity. A person under investigation by the police who gives a false name and false personal circumstances. b. b. 262 The name of a person is what appears in his birth certificate. the offender presents himself before the public with another name. 3. d. is guilty of this crime 264 ex. By performing an act pertaining to any person in authority or public officer of the Phil. and 2. In the use of fictitious name. and c. his true name. 263 Art. upon being interrogated. surname. the deception is done momentarily.2. and without being lawfully entitled to do so. The name of a person refers to his first name. Purpose of the offender is – 1. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. all other personal circumstances. Offender performs any act. to evade the execution of a judgment.

493. c. badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. a colorable resemblance calculated to deceive the common run of people is sufficient. an exact imitation of a uniform or dress is unnecessary. or to alter essentially the truth. c. the crime is not committed. no crime is committed. The insignia. dignity. b. 2. Said insignia. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony False testimony . So also. Offender testifies falsely 265 Art. There be a criminal proceeding. Offender makes use of insignia. d. 266 Art. or insignia of a non-existing office or establishment is not a crime.is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true. False testimony defendant266 against a a. respect. e. can’t be committed through negligence. Nature of the crime of false testimony. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony. 1.Illegal use of uniform or insignia265 a. or influence which the public looks up to. 180 Requires criminal intent. b. Offender who gives false testimony knows that it is false. uniform or dress. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films. The wearing of insignia. It is necessary that the uniform or insignia represents an office which carries authority. or to deny the same. 81 . 179 The wearing of a uniform. uniform or dress is used publicly and improperly. Under oath against the defendant therein.

181 False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgment is not necessary). Perjury: When one testifies falsely before the court. 182 Not applicable when testimony given in a special proceeding (in this case. the crime is perjury) 269 Art. the crime committed is perjury. by falsely testifying under oath b. In false testimony. d. b. The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. the crime committed is false testimony. it is not required that the offender asserts a falsehood on a material matter. The false testimony must be given by the defendant knowing the same to be false. If one testifies falsely in a non-judicial proceeding. In favor of the defendant. False testimony in civil cases268 a. A person gives false testimony. In a criminal case. In perjury. e. c. 183 2 ways of committing perjury: a. It is enough that he testifies falsely with deliberate intent. 268 Art. 267 Art. If he merely denies the commission of the offense. b. The testimony must be false. The testimony must be malicious and given with an intent to affect the issues presented in the said case False testimony in other cases and An accused made a statement under oath or made perjury in solemn affirmation269 an affidavit upon a material matter. by making a false statement False testimony vs. A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction 82 . c. he is not liable. the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. The testimony must be given in a civil case.False testimony in favor defendant in a criminal case267 of a. The testimony must relate to the issues presented in said case.

In this case. 184 will not apply. (Diaz vs. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property. 83 . the person offering the false testimony must have nothing to do in the making of the false testimony. The false testimony is not in a judicial proceeding 270 Art. There is a formal offer of testimonial evidence in the proceedings. there is no perjury committed through reckless imprudence or simple negligence under Article 365. The statement or affidavit was made before a competent officer. b. Even if there is no law requiring the statement to be made under oath. then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. Art.I. Bella David). there is no Perjury considering the phrases “oath in cases in which the law so requires” in Article 183. is also the person responsible in inducing or convincing the false witness to lie.a. The mere offer is sufficient. even if the allegations are false. or an affidavit of good moral character to take the bar examination. knowing the testimony is given by the witness to be false. which is the willful and corrupt assertion of a falsehood. the crime of perjury is not committed. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The sworn statement or affidavit containing the falsity is required by law. The witness is able to testify and the offender. Offender offered in evidence a false witness or false testimony. 181. as long as it is made for a legal purpose. The applicable article will be Article 180. authorized to receive and administer oath. Offering false evidence270 testimony in a. 182. aside from being such. So if the offeror. it is sufficient If there is no requirement of law to place the statement or testimony under oath. the accused made a willful and deliberate assertion of a falsehood. There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury. The proceedings are either judicial or official. or 183 as the case may be. 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P. In that statement or affidavit. Since admittedly perjury can only be committed by means of dolo. 184 The false witness need not be convicted of false testimony. People. the inducer as principal by inducement and the induced party as the principal by direct participation. nevertheless offers the same in evidence. So if the affidavit was made but the same is not required by law. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. and c. The offenders in this case will be charged with perjury. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying.

In restraint of trade or commerce or to prevent by artificial means free competition in the market. Accused had the intent to cause the reduction of the price of the thing auctioned. 365) 271 Art. it is a crime defined and punished under the Revised Penal Code. 186 The purpose is: a. b. assembled or imported into the Phil Aggravated if items are: a. c. to increase the market price of any merchandise or object of commerce manufactured. or by combining with any other person or persons to monopolize said merchandise or object. By monopolizing any merchandise or object of trade or commerce. food substance b. There be a public auction. produced. Padol. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer. 185 272 Art. 2. (People vs. d. 66 Phil. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. Nevertheless. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or a. Such gifts or promise was the consideration for his refraining from taking part in that public auction. He knew the witness or the testimony was false. b. processed. Combination to prevent free a. Entering into any contract or agreement or competition in the market taking part in any conspiracy or combination in the form of a trust or otherwise. motor fuel or lubricants c. goods of prime necessity 84 . The offer was made in a judicial or official proceeding. Machinations in public auction271 a. to make transactions prejudicial to lawful commerce b. Accused solicited any gift or a promise from any of the bidders. testifies falsely. c.b. is perjury. Monopolies and combinations in restraint of trade272 1.

conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. Hence. corporation/association b. Importation and disposition of falsely marked articles or merchandise made of gold. conspiring c. sells or disposes of any of those articles or merchandise. assembled or imported into the Philippines a. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured. it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. The stamps. Offender imports. What the law punishes herein is the selling of misbranded goods made of gold. silver. Therefore. agent/representative c. it must be shown that the seller knows that the merchandise is misbranded. or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed. director/manager – who willingly permitted or failed to prevent commission of above offense 275 Art. Manufacturer. conspires or agrees with any person. importer Crime is committed by: a. processor d. 85 . It is not necessary that there be actual restraint of trade Person/s liable: a. processor or importer of any merchandise or object of commerce. producer or processor or importer combining. produced. To restrain free competition in the market. brands. or other precious metals or their alloys275 273 274 It is enough that initial steps are taken. in restraint of trade or commerce or prevent by b. c.otherwise. agreeing with another person Also liable as principals: a.274 a. producer. b.273 c. manufacturer b. Combines. Monopoly to restrain free competition in the market 4. silver and other precious metals. Manufacturer. processed. In order to alter the prices thereof by spreading artificial means free false rumors or making use of any other artifice. combining b. dishonesty is an essential element of the crime. 187 To be criminally liable. b. competition in the market. producer c. the existence of such fact may be seriously considered as a defense. 3.

or c. 276 277 R. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR. but not more than fifteen (15) years: 1. b.A. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity. If the BAC is found to have failed in following the prescribed bidding procedures. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder. or if the collusion is between or among the bidders themselves. suppress or nullify competition. or between a bidder and a third party. 2. prior to the appointed time for the public opening of Bids or other documents. Failure to comply with the aforementioned 86 . 9184 Reservation Clause. or mark fails to indicate the actual fineness or quality of the metals or alloys. without justifiable cause. or not award the contract in the following situations: a. 4. and awarding of contracts beyond the prescribed periods of Bids or other documents. a. or between the BAC and any of the bidders. including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents. the screening for eligibility. The New Public Bidding Law 276 1) Prohibited acts (a) Public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day. including any act which restricts. opening of bids.c.In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act.The Head of the Agency reserves the right to reject any and all Bids. suppresses or nullifies or tends to restrict. 5. Splitting of contracts which exceed procedural purchase limits and competitive bidding. . brand. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41277 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47278 of this Act. 3. evaluation and post evaluation of bids. all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. Open any sealed Bid. Offender knows that the said stamp. . declare a failure of bidding. 278 Disclosure of Relations. Delaying.

the private individuals shall likewise be liable for the offense. and any public officer conspiring with them. 3. (c) Private individuals who commit any of the following acts. (b) Private individuals who commit any of the following acts. partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: 1.When any of the foregoing acts is done in collusion with private individuals. provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act. who conspires with them. In addition. 4. by himself or in connivance with others. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility requirements when the information will lead to a declaration of ineligibility from participating in public bidding. In addition. 87 . 2. shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 1. the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid. including any public officer. or which are otherwise intended to secure as undue advantage to any one of them. When two or more bidders agree and submit different Bids as if they were bona fide. employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public. or which call for withdrawal of bids already submitted. When a bidder. When a bidder maliciously submits different Bids through two or more persons. while the private individual shall be permanently disqualified from transacting business with the government. the public officer involved shall also suffer the penalty of temporary disqualification from public office. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts. corporations.

This shall include the non-submission of requirements such as.A. cinema.279 b. television. 4. unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register. No. Anti-Alias Law280 1) Punishable acts No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry or with which he was baptized for the first time. criminal liability and the accessory penalties shall be imposed on its directors. or to accept and award. without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice. or in case of an alien. preparatory to the final award of the contract.2. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. but not limited to. Withdraw a Bid. (d) When the bidder is a juridical entity. 279 280 Sec.281 The act of using an alias name. 142 281 Sec. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents.A. 282 There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth … *for the use of alias to+ fall within the prohibition contained in C. 65. 142 as amended (Ursua case) 88 . officers or employees who actually commit any of the foregoing acts. in order to influence the outcome of the public bidding. with which he was registered in the bureau of immigration upon entry. after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid. C. performance security. 3. or such substitute name as may have been authorized by a competent court. 1.282 2) Exception As a pseudonym solely for literary.

and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.289 7. Manufacture or Delivery of Equipment. Social Gatherings or Meetings. Use of Dangerous Drugs. 6 287 Sec.284 2. 10. Instrument. Possession of Dangerous Drugs During Parties. 14 89 .293 11. Trading. Administration. 12 292 Sec. Apparatus and Other Paraphernalia for Dangerous Drugs. 9165 Sec. 4 285 Sec. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals288 6. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Instrument.287 5. Dive or Resort. 11 291 Sec.291 9. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Social Gatherings or Meetings292.A. 9 289 Sec. 10 290 Sec. Apparatus. The Comprehensive Dangerous Drugs Act of 2002283 i) Punishable acts 1.285 3. Dispensation.5. Possession of Dangerous Drugs290 8. Crimes Relative to Opium and other Prohibited Drugs a. 5 286 Sec. Instrument.294 283 284 R. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. Maintenance of a Den. 8 288 Sec. Sale. Possession of Equipment.286 4. Delivery. 13 293 Sec. Possession of Equipment. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

give away to another. who.297 14. give away to another. unless authorized by law. Any person.298 ii) Who are liable With respect to No. the Any person. unless authorized by law. Any person.296 13. 2. Any person. trade. shall import or bring into the Philippines any dangerous drug. Any person. diplomatic passport shall be confiscated and canceled. who. deliver. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. decorative and culinary purposes. dispense. unless authorized under this Act. manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person. who. who. or shall act as a broker in such transactions. who organizes. unless authorized by law. 1. who. 15 Sec. 17 297 Sec. or shall act as a broker in any of such transactions. 16 296 Sec. or bring into the chemical through involving his/her In addition. regardless of the quantity and purity involved. Any person.295 13. dispense. Unnecessary Prescription of Dangerous Drugs. 19 90 .12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. deliver. trade. shall sell. including any and all species of opium poppy regardless of the quantity and purity involved. administer. 18 298 Sec. administer. who acts as a "protector/coddler" of any violator of the provisions under this Section. shall import any controlled precursor and essential chemical. shall sell. distribute dispatch in transit or transport any dangerous drug. shall import Philippines any dangerous drug and/or controlled precursor and essential the use of a diplomatic passport. diplomatic facilities or any other means official status intended to facilitate the unlawful entry of the same. distribute. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. unless authorized by law. 294 295 Sec. dispatch in transit or transport any controlled precursor and essential chemical. Unlawful Prescription of Dangerous Drugs.

manages or acts as a "financier" of any of the illegal activities prescribed in this Section. 91 . Any person. or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. who acts as a "protector/coddler" of any violator of the provisions under this Section. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. store. 5. unless authorized by law. Any person. harvest. Any person.Drug pushers who use minors or mentally incapacitated individuals as runners. who organizes. shall illegally divert any controlled precursor and essential chemical. Any person. Any person. test. who acts as a "protector/coddler" of any violator of the provisions under this Section. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. possess with intent to deliver. apparatus and other paraphernalia for dangerous drugs. or manufacture with intent to deliver equipment. analyze. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. shall manufacture any controlled precursor and essential chemical. apparatus and other paraphernalia for dangerous drugs. or resort where any controlled precursor and essential chemical is used or sold in any form. convert. cultivate. propagate. Any person. dive. compound. produce. instrument. who. 4. dive or resort where any dangerous drug is used or sold in any form. or under circumstances where one reasonably should know. Any person or group of persons who shall maintain a den. instrument. who. that it will be used to plant. who. unless authorized by law. Any person who shall deliver. Any person. Any person who organizes. Any person or group of persons who shall maintain a den. process. shall engage in the manufacture of any dangerous drug. 6. couriers and messengers. manufacture. pack. who uses a minor or a mentally incapacitated individual to deliver such equipment. grow. Any person who organizes. repack. prepare. knowing. 3. who acts as a "protector/coddler" of any violator of the provisions under this Section. Any person. unless authorized by law.

or in the proximate company of at least two (2) persons. who shall plant. 299 300 Program for Treatment and Rehabilitation of Drug Dependents Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals 92 . shall possess any dangerous drug in the quantities mentioned. who. social gatherings or meetings. after a confirmatory test. or introducing any dangerous drug into the body. who is found to be positive for use of any dangerous drug. importer. instrument. Any person. apparatus and other paraphernalia fit or intended for smoking. Any person found possessing any dangerous drug during a party. administering. unless authorized by law. A person apprehended or arrested. who organizes. dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40300 of this Act. consuming. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. Any person. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. cultivate or culture marijuana. 10. or at a social gathering or meeting. 14. manufacturer.7. … subject to the provisions of Article VIII299 of this Act. or in the proximate company of at least two (2) persons. 11. opium poppy or any other plant regardless of quantity. unless authorized by law. consuming. regardless of the degree of purity thereof: 8. 12. injecting. who acts as a "protector/coddler" of any violator of the provisions under this Section. Any person. who. administering. injecting. wholesaler. or introducing any dangerous drug into the body: 9. instrument. Any person. distributor. who shall possess or have under his/her control any equipment. apparatus and other paraphernalia fit or intended for smoking. shall possess or have under his/her control any equipment. which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person. 13. Any person. Any person. ingesting. ingesting. who. unless authorized by law. Any practitioner. during parties.

distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. 14. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. Conditions: (1) The information and testimony are necessary for the conviction of the persons described above. and 19. 13. dive or resort where any dangerous drug is used in any form. (b) Sale. 26. id. 6. or any information leading to the whereabouts. 303 id. (c) Maintenance of a den. 8. administration. identities and arrest of all or any of the members thereof. and (e) Cultivation or culture of plants which are sources of dangerous drugs. dispensation. who voluntarily gives information about any violation of Sections 4. 11. and may plead or prove the giving of such information and testimony in bar of such prosecution. and 16. and who willingly testifies against such persons as described above. (2) Such information and testimony are not yet in the possession of the State. 93 .iii) Attempt or conspiracy. (3) Such information and testimony can be corroborated on its material points. delivery.303 Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical.301 (iv) Immunity from prosecution and punishment Any person who has violated Sections 7. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. 12.302 Article II of this Act. and 301 302 Sec. 10. effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical. trading. 5. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. 15.

Provided. further.304 304 Sec. finally. reduced into writing. any condition or undertaking. That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided.(5) The informant or witness shall strictly and faithfully comply without delay. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. 33 94 . That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.

etc Customs: refers to established usage. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Highly scandalous conduct does not expressly fall within any other article of the RPC c. Highly scandalous as offending against decency or good customs b. Authors of obscene literature. Art 200 is not applicable The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. 307 Art. They are committed publicly and thus. obscene a. Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element 95 . Crimes Against Public Morals Crimes Grave scandal305 Elements/Persons liable Offender performs an act a. it is sufficient if in public place. For public knowledge. it may occur even in a private place. good taste. Owners or operators of establishments selling obscene literature 305 Art. Editors publishing such obscene literature d.306 Immoral doctrines. the number of people who sees it is not material). Committed in a public place or within the public knowledge or view. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences.6. social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC. give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty. 200 Grave scandal: consists of acts which are offensive to decency and good customs. 306 The public view is not required. Those who publicly expound or proclaim doctrines publications and exhibitions307 that are contrary to public morals b. published with their knowledge in any form c.

Those who exhibit indecent or immoral plays. Prostitutes308 Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit310 308 309 Art. Persons found loitering around public and semipublic places without visible means of support and c. scenes. or exhibit prints. Ruffians or pimps and those who habitually associate with prostitutes309 f. fairs. acts or shows ion theaters.e. Idle or dissolute persons lodging in houses of illfame e. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. engraving. without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. Those who sell. Persons found loitering in inhabited or uninhabited places belonging to others. distribute. cinemas or any other place f. sculptures or literature which are offensive to morals Vagrants a. Persons tramping or wandering around the country or the streets with no visible means of support d. 202 may include even the rich 310 if a man indulges in the same conduct: vagrancy 96 .

Renders a judgment in the case submitted to him for judgment c. 313 Art. 205 Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice 97 . temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed Malfeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done 312 Art. Knowledge that the decision is unjust Judgment rendered negligence313 through a. Takes part in the performance of public functions in the Government. Judgment is unjust d. agent or subordinate official in the gov’t or any of its branches. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding Unjust judgment: one which is contrary to law. Performs public duties as an employee. or not supported by the evidence. Judgment is manifestly unjust d. Renders a judgment in a case submitted to him for decision c. or b. 203 Public officer a. Offender is a judge judgment312 b. Offender is a judge b. Crimes Committed by Public Officers 311 Crimes Elements/Persons liable Knowingly rendering an unjust a. or both An unjust judgment may result from: error (with bad faith) ill-will or revenge bribery There must be evidence that the decision rendered is unjust.7. Due to inexcusable negligence or ignorance 311 Art. However. Public officers: embraces every public servant from the lowest to the highest rank A government laborer is not a public officer. It is not presumed Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration).

that is. He delays the administration of justice. There is dereliction of the duties of his office317 c. or unjust interlocutory 2. b. he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 98 . b. Offender is a judge. d.Unjust interlocutory order 314 a. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. He is not an accessory Article not applicable to revenue officers 317 that is. The delay is malicious. Offender is a judge. he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed. b. There is a proceeding in his court. 208 Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. knowingly renders order or decree. conceals. Dereliction of duty in prosecution of offenses316 the a. Note however. or assists in the escape of an offender. Offender is a public officer or officer of the law who has a duty to cause the prosecution of. when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. Offender acts with malice and deliberate intent to 314 Art. knowing the commission of the crime. 207 Mere delay without malice is not punishable 316 Art. Malicious delay in administration or justice315 the a. c. that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors. It is not a final determination of the issues of the action or proceeding 315 Art. or to prosecute offenses. He performs any of the following acts: 1.

An accepted offer or promise of a gift is sufficient. Betrayal of trust by an attorney or a. arbitrators. by any malicious breach of professional duty. Revealing any of the secrets of his client learned by him in his professional capacity320 c. both consisting of omissions to do an act required to be performed. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors. Not necessarily a public officer although all lawyers are officers of the court. a gift or promise is given in consideration of the omission. prejudice is essential 320 damage not necessary 321 id. he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses. b. by inexcusable negligence or ignorance. In direct bribery however. However. Causing damage to client319 either solicitor318 1. temporary performance of public functions is sufficient to constitute a person a public officer. if the offer is not accepted. Bribery exists when the gift is: a. voluntarily offered by a private person b. 322 Art. 210 For purposes of this article. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent.323 318 319 Art.favor the violator of the law. This is not necessary in prevaricacion 323 supra 99 . experts or any other person performing public duties Cannot be frustrated. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. It could be in the form of money. solicited by the public officer and voluntarily delivered by the private person c. property or services If the act required of the public officer amounts to a crime and he commits it. only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation. Offender be a public officer within the scope of Art 203. 209.321 Direct bribery322 a. only attempted or consummated. or 2. appraisal and claim commissioners.

326 or 3. Such offer or promise be accepted or gift/present received by the public officer324 1. but the act must be unjust. c. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 328 Art. Offender accepts an offer or promise or receives a gift or present by himself or through another c. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties Indirect bribery327 a. Qualified bribery328 a. circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former. including Christmas are liable under P. to refrain from doing something which is his official duty to do. Public officer entrusted with law enforcement 324 325 mere agreement consummates the crime delivery of consideration is not necessary 326 delivery of consideration is necessary 327 Art. in consideration of an execution if an act which does not constitute a crime. with a view to committing some crime325 or 2. In the latter case. Offender is a public officer. Mere physical receipt unaccompanied by any other sign. 211-A 100 . It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion. d. it is not necessary that the officer do any act.b. 46.D. b. 211 The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. Said gifts are offered to him by reason of his office. He accepts gifts.

that is. Offender is a public officer. He offers or promises are made or the gifts or presents given to a public officer. 1 Notes: a. 212 The offender is the giver of the gift or the offeror of the promise.b. In consideration of any offer. d. informant has been previously convicted of a crime involving moral turpitude 331 Art. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. promise or gift Corruption of public officials330 a. par. he intervened in the transaction in his official capacity. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. 749. 213. b. information and testimony can be corroborated on its material points e. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government 101 . Accused had intent to defraud the government. the crime is direct bribery Art. He should have taken advantage of his office. 329 330 if lower penalty than stated. necessity of the information or testimony c. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death329 c. c. or (c) the adjustment or settlement of account relating to a public property or funds. The act may or may not be accomplished Under P.D. b. The public officer must act in his official capacity b. the information and testimony are not yet in the possession of the State d. Offender makes offers or promises or gives gifts or present to a public officer. under circumstances that will make the public officer liable for direct bribery or indirect bribery Frauds against public treasury331 a. information refers to consummated violations b.

demanding. licenses.334 Prohibited transactions335 a. by way of payment or otherwise. things or objects of a nature different from that provided by law. if the sum is given as a sort of gift or gratification. failing voluntarily to issue a receipt. land etc. 315 and 316. or 3. the crime is indirect bribery When there is deceit in demanding larger fees. for any sum of money collected by him officially. Other frauds333 a. commodities. He is guilty of any of the following acts or omissions: 1.Illegal exactions332 a. b. However. Offender is a public officer entrusted with the collection of taxes. He commits any of the frauds or deceits enumerated in Arts. He takes advantage of his official position. a felony under this article is not committed. Collecting or receiving. directly or indirectly. directly or indirectly the payment of sums different from or larger than those authorized by law. c. b. fees and other imposts. or 2. The essence is the improper collection (damage to gov’t is not required) If sums are received without demanding the same. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 334 estafa. 215 Examples of transactions of exchange or speculation are: buying and selling stocks. However. swindling 335 Art. Offender is an appointive public officer. wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law 333 Art. 332 Mere demand of a larger or different amount is sufficient to consummate the crime. Offender is a public officer. as provided by law. regularly buying securities for resale is speculation 102 .

the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government. or the obligation to account for them. Malversation of public funds or a. c. approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence. b. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents 337 Art. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. in any transaction of exchange or speculation. Possession of prohibited interests a. The transaction takes place within the territory subject to his jurisdiction. Guardians and executors – with respect to property belonging to their wards or the estate. directly or indirectly. and b. provincial or municipal funds. when they have charge of national. revenues or property in any capacity In malversation through negligence.b. c. lack of criminal intent or good faith is a defense 103 . what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Offender be a public officer338 property337 336 Art. he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. Otherwise. He becomes interested. 216 Actual fraud is not necessary. distribution or adjudication of which they had acted. 217 Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer. Public officer – in any contract or business in by a public officer336 which it is his official duty to intervene. He becomes interested in the transaction during his incumbency. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior. Experts. when they are in conspiracy with public officers.

shall be prima facie evidence that he has put such missing funds or property to personal use. theft or qualified theft 340 Even if private funds if attached. He fails to do so for a period of two months after such accounts should be rendered. by any authorized officer. Consented or. The failure of a public officer to have any duly forthcoming public funds or property upon demand.341 Failure of accountable officer to a. the presumption does not arise Returning the embezzled funds is not exempting. through abandonment or negligence. Appropriated the funds or property 2. c. whether in the service render accounts342 or separated therefrom.b. or to a provincial auditor. Those funds or property were public funds or property340 d. Offender is a public officer. if at the very moment when the shortage is discovered. the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements 338 or private person if entrusted with public funds or connived with public officers 339 If not accountable for the funds. He must be an accountable officer for public funds property. He is required by law or regulation to render accounts to the commission on audit. and he immediately pays the amount from his pocket. it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. deposited or commingled with public funds 341 It is not necessary that the offender profited thereby. permitted any other person to take such public funds or property. b. 218 Demand and misappropriation are not necessary 104 . However. His being remiss in the duty of safekeeping public funds violates the trust reposed 342 Art. the accountable officer is notified. Took or misappropriated them 3. He: 1. He had the custody or control of funds or property339 c. seized. c.

it is simple malversation even if applied to other public purpose. seized or deposited by public authority. 217. Administrator or depositary of funds or property that has been attached. Private individual who. He must have unlawfully left345 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. property344 b. in any capacity. He is under obligation to either: 1. have charge of any national. c. He must be an accountable officer for public funds or property. the offender does not derive any personal gain. 217 to 221: 1. Offender has gov’t funds or property in his funds or property347 possession b. 221 Penalty is based on value of funds/property to be delivered Persons who may be held liable under Arts.Failure of a responsible public a. the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 345 or be on the point of leaving 346 without this. revenue. 347 Art. Such public fund or property has been appropriated by law or ordinance346 d. or property 2. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 344 Art. To distinguish this article with Art. make payment from such funds 343 Art. just remember that in illegal use of public funds or property. Offender is a public officer. Technical malversation. officer to render accounts before leaving the country343 b. There is public fund or property under his administration. provincial or municipal funds. 220. c. Offender is a public officer. Illegal use of public funds or a. He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance Failure to make delivery of public a. even if owned by a private individual 105 .

either detention prisoner or prisoner by final judgment. Such prisoner escapes through his negligence.350 Escape of prisoners under the a. to deliver property in his custody or administration when ordered by competent authority c. Offender is a public officer (on duty). b. if he is a prisoner by final judgment. The conveyance or custody of a prisoner or 348 Art. 223 Detention prisoner: refers to a person in legal custody. 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a. 157) b. he does not incur criminal liability (unless cooperating with the offender) 350 Penalty based on nature of imprisonment 106 . Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment 349 Art. evasion348 b. Offender is a public officer.2. He maliciously fails or refuses to do so Conniving with or consenting to a. if he is a detention prisoner. He was in connivance with the prisoner in the latter’s escape Evasion through negligence349 a. arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Offender is a private person352 custody of a person not a public officer351 b. c. either detention prisoner or prisoner by final judgment. He is charged with the conveyance or custody of a prisoner. c. Such prisoner escaped from his custody d. He is charged with the conveyance or custody of a prisoner. he is liable for evasion of service (Art.

Officer breaking seal354 351 a. d. are not documents “Papers” would include checks. Offender consents to the escape of the prisoner or person under arrest. c. c. tamper with it b. He abstracts. whether serious or not. Art. concealment. periodicals. destruction of documents353 or a. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents 354 Art. There is illicit purpose when the intention of the offender is to: a.person under arrest is confined to him. to profit by it c. The prisoner or person under arrest escapes. damage is presumed 107 . Damage. d. Offender is a public officer. to a third party or to the public interest should have been caused. or that the escape takes place through his negligence Removal. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. destroys or conceals a document or paper. b. promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. pamphlets etc. Said document or paper should have been entrusted to such public officer by reason of his office. 227 It is the breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 352 must be on duty 353 Art. Offender be a public officer. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books.

c. b. By reason of his official a. documents or objects. 229 Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article. He is charged with the custody of papers or property. Revelation of secret by an officer356 1. d. These papers or property are sealed by proper authority. Offender is a public officer. 228 Damage also not necessary 356 Art. be caused to the public interest. He does not have proper authority. d. Any closed papers. He knows of a secret by reason of his official capacity. documents. great or small.b. Damage. capacity b. or objects are entrusted to his custody. He opens or permits to be opened said closed papers. c. He breaks the seals or permits them to be broken. Opening of closed documents355 a. He reveals such secret without authority or justifiable reasons. Offender is a public officer. the crime may be espionage 108 . If regarding military secrets or secrets affecting state security. 355 Art. c.

Offender without any legal justification openly 357 “Charge”: means custody or control. d. Damage be caused to public interest.2. Such judgment. or copies of papers of which he may have charge357 and which should not b. c. Offender is a judicial or executive officer. 230 Revelation to one person is sufficient If the offender is an attorney. he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 359 Art. if the papers do not contain secrets. and the public officer having charge thereof removes and delivers them wrongfully to a third person. b. Those papers should not be published. Delivering wrongfully papers a. On the other hand. f. He reveals such secrets without authority or justification reason. the crime is revelation of secrets. their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed 358 Art. Public officer revealing secrets of a. He delivers those papers or copies thereof to a third person. d. There is a judgment. decision or order of superior authority. He has charge of papers. The delivery is wrongful. Offender is a public officer private individual358 b. e. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 109 . Open disobedience359 a. If he is merely entrusted with the papers and not with the custody thereof. Offender is a public officer. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. c. He knows of the secret of a private individual by reason of his office. be published: c. he is not liable under this article If the papers contain secrets which should not be published.

There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. decision or under which he is duty bound to obey. Offender is a public officer. c. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 110 . 232 A public officer is not liable if the order of the superior is illegal 361 Art. e. An order is issued by his superior for execution. b. c.refuses to execute the said judgment. Disobedience to order of superior a. Offender disobeys his superior despite the disapproval of the suspension Refusal of assistance361 a. b. officer when said order was suspended by inferior officer360 b. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 362 Art. 360 Art. His superior disapproves the suspension of the execution of the order. Offender is a public officer. Refusal office362 to discharge elective a. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. Offender is elected by popular election to a public office. c. d. He has for any reason suspended the execution of such order. Offender fails to do so maliciously. He refuses to be sworn in or discharge the duties of said office.

by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner. d. Prolonging performance of duties a. Offender is holding a public office. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. by inflicting such punishments365 in a cruel and humiliating manner. b. b. c. or 2.Maltreatment of prisoners363 a. Anticipation of duties of a public a. He has under charge a prisoner or detention prisoner364 c. The law requires that he should first be sworn in and/or should first give a bond. He maltreats such prisoner in either of the following manners: 1. or ii. the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused 364 otherwise the crime is physical injuries 365 those authorized 366 Art. He has not taken his oath of office and. He assumes the performance of the duties and powers of such office. and powers367 363 Art. by the imposition of punishments not authorized by the regulations. 236 367 Art. Offender is a public officer or employee./or given the bond required by law. 237 111 . either by election or appointment. Offender is entitled to hold a public office or office366 employment.

d. separated or declared over-aged or dismissed 368 Art. He continues to exercise the duties and powers of such office. 239 370 Art. prosecuting or punishing any of the crimes against national security. Offender is an executive or judicial officer. b. Usurpation functions370 of executive a. The article contemplates officers who have been suspended. Usurpation of legislative powers369 a. c. b. The penalty is higher.public officer does not abandon his office but merely fails to prosecute a violation of the law. Abandonment position368 of office or a. Offender is a judge. He formally resigns from his position. attempts to repeal a law or 3. Dereliction of Duty .b. regulations or special provisions for holding such office has already expired. Offender is a public officer. 238 There is actual abandonment through resignation to evade the discharge of duties There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing. suspends the execution thereof. 240 Legislative officers are not liable for usurpation of executive functions 112 . 369 Art. makes general rules or regulations beyond the scope of his authority or 2. He abandons his office to the detriment of the public service. His resignation has not yet been accepted. The period provided by law. He 1. c.

He continues the proceeding. 243 Legislative or judicial officers are not liable under this article 113 . obstruct the execution of any order decision rendered by any judge within his jurisdiction. assumes judicial powers.b. There is a question brought before the proper authority regarding his jurisdiction. 242 373 Art. e. obstructs executive authorities in the lawful exercise of their powers. Disobeying request 372 disqualification for a. Usurpation of judicial functions371 a. He has been lawfully required to refrain from continuing the proceeding. or 2. Offender is an officer of the executive branch of the government. b. Offender is an executive officer. A proceeding is pending before such public officer. or 2. He 1. Addressing orders or requests by a. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality 372 Art. c. Offender is a public officer. assumes a power pertaining to the executive authorities. b. which is not yet decided. 371 Art. He addresses any order or suggestion to any judicial authority. d. He 1. executive officer to any judicial authority373 b.

or 3. daughter.c. the wife. interested in matters pending before the offender for decision. Offender is a public officer. b. He solicits or makes immoral or indecent advances to a woman. or with respect to which he is required to submit a report to or consult with a superior officer. knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office 375 Art. or 2. He nominates or appoints a person to a public office. Such person lacks the legal qualification therefor. b. Abuses against chastity375 a. 245 The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse 114 . Such woman must be – 1. 374 Art. c. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest. Unlawful appointments374 a. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. c. d. 244 Recommending. Offender is a public officer. sister or relative within the same degree by affinity of the person in the custody of the offender. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

as amended 115 . has secured or obtained. ii) Punishable acts a. Persuading. share. present. after due demand or request. advantage. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. or giving any private party any unwarranted benefits. or preference in the discharge of his official. 5. 4. Neglecting or refusing. including the Government. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. without sufficient justification. in any manner of capacity. any Government permit or license. or allowing himself to be persuaded. 3. present. 6. evident bad faith or gross inexcusable negligence. for himself or for another. Directly or indirectly requesting or receiving any gift. 3019. percentage.a. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. or influenced to commit such violation or offense. or will secure or obtain. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 376 R. Directly. or other pecuniary or material benefit. in consideration for the held given or to be given. induced. from any person interested in the matter some pecuniary or material benefit or advantage. Any public officer who shall perform any of the following acts: 1. Causing any undue injury to any party.A. administrative or judicial function through manifest partiality. from any person for whom the public officer. or indirectly requesting or receiving any gift. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. 2. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. Anti-Graft and Corrupt Practices Act 376 i) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.

permit. in any business transaction. and which exercises discretion in such approval. privilege. or benefit in favor of any person not qualified for or not legally entitled to such license. the vice-president. application. Knowingly approving or granting any license. Entering. gift. privilege. 379 Sec. on behalf of the Government. or material. Directly or indirectly becoming interested. or having a material interest in any transaction or act requiring the approval of a board. or advantage. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. for personal gain. of the president of the Philippines. request. 12.377 c. 4 ibid. who shall intervene. 5 116 . panel or group.8. or pecuniary advantage from any person having some business.379 377 378 Sec. Directly or indirectly having financial or pecuniary interest in any business.378 d. b. within the 3rd civil degree. into any contract or transaction manifestly and grossly disadvantageous to the same. by consanguinity or affinity. the president of the Senate. or of a mere representative or dummy of one who is not so qualified or entitled. or releasing such information in advance of its authorized release date. panel. whether or not the public officer profited or will profit thereby. Divulging valuable information of a confidential character. or in which he is prohibited by the constitution or by any law from having any interest. contract or transaction in connection with which he intervenes or take part in his official capacity. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). or group of which he is a member. contract or application with the gov’t. or contact with the government in which such public official has to intervene. 9. transaction. or speaker of the house of Representatives. acquired by his office or by him on account of his official position to unauthorized persons. Spouse or any relative. 11. committee. permit. 10. even if he votes against the same or does not participate in the action of the board. directly or indirectly.

Any transaction.380 7. Any application filed by him. 14 117 . or upon his resignation or separation from office. during the term for which he has been elected. Any person who. 2.381 380 381 Sec. 7 Sec. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. or rules or regulations issued pursuant to law. 6. detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April following the close of every calendar year. 5. prior to the assumption of office of any of the above officials to whom he is related. Any member of congress. Any act lawfully performed an official capacity or in the exercise of a profession. contract or application already existing or pending at the time of such assumption of public office. 4. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. Any public officer who shall fail to file a true. as well as upon the expiration of his term of office.iii) Exceptions 1. 3. has been already dealing with the gov’t along the same line of business.

including governmentowned or -controlled corporations and their subsidiaries. Anti-Plunder Act382 i) Definition of terms Public Officer Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment. share. percentage.A. or malversation of public funds or raids on the public treasury. property. unless the context indicates otherwise. 382 383 R. equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking. nominees. 2) By receiving. election or contract. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. Includes any natural or juridical person. agencies or instrumentalities. gift. directly or indirectly. business enterprise or material possession of any person within the purview of Section Two (2)384 hereof. agents. acquired by him directly or indirectly through dummies. 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. Includes the National Government. conversion. any commission. 7080. as amended Sec. misuse. agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries. receiving or accepting directly or indirectly any shares of stock.383 Government Person ii) Ill-gotten wealth Any asset.b. 1 (a-c) 384 infra 118 . 4) By obtaining. subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation. and any of its subdivisions.

supra 389 Sec. 4. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. business associates. 2. the degree of participation and the attendance of mitigating and extenuating circumstances. subordinates or other persons. as amended by R.000. industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests. 119 . accumulate or acquire ill-gotten wealth.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass. shall be considered by the court. In the imposition of penalties. relatives by affinity or consanguinity.389 385 386 Sec. connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. by himself or in connivance with members of his family. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. 388 see Plunder. authority.5) By establishing agricultural. or 6) By taking undue advantage of official position.385 iii) Plunder Any public officer who.000. 7659. relationship. amasses. accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d)386 hereof in the aggregate amount or total value of at least Fifty million pesos (P50. 1 (d) supra 387 Sec.A. as provided by the Revised Penal Code.387 iv) Series / Combination388 v) Pattern For purposes of establishing the crime of plunder.

392 Sec. and (b) six years and one day to twelve (12) years of imprisonment. 44. the amount needed to complete the compensation shall be taken from the current appropriations for intelligence. social or other funds of the Office of the President. emergency. 20. 9372 Sec. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. 120 . or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment. Any officer. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. ii) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. if the detained person has not been convicted and sentenced in a final judgment of a competent court.c. misconduct. employee. Human Security Act of 2007390 i) Failure to deliver suspect to proper judicial authority391 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested. if the detained person has already been convicted and sentenced in a final judgment of a competent court. personnel. 390 391 R. detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days.000. It shall also be released within fifteen (15) days from the date of the acquittal of the accused.392 iii) False prosecution Upon acquittal.A. or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment. If the deductions are less than the amounts due to the detained persons. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused.

50 121 . the amount shall be automatically included in the appropriations of the said agency for the coming year.393 393 Sec.In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned.

A person is killed. in case third persons caught in the crossfire suffer physical injuries. However. 246 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term “ascendants” or “descendants” The other ascendant or descendant must be legitimate. pursuit and the killing must all form parts of one continuous act The killing must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted. Death or physical injuries under a. he is still liable for parricide because the law does not require knowledge of the relationship 395 Art. On the other hand. Otherwise. the father.8. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony 396 the latter must be under 18 and living with them 122 . it is enough that circumstances reasonably show that the carnal act is being committed or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery. escape. the offense is infanticide Relationship must be alleged A stranger who cooperates in committing parricide is liable for murder or homicide Even if the offender did not know that the person he had killed is his son. or child. the accused is not liable. or a legitimate other ascendant or other descendant. Moreover. The deceased is the father. The deceased is killed by the accused. mother. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 394 Art. A legally married person or parent surprises his exceptional circumstances395 spouse or daughter396 in the act of committing sexual intercourse with another person b. whether legitimate or illegitimate. Crimes Against Persons Crimes Parricide394 Elements/Requisites a. 247 Article does not define or penalize a felony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. mother or child may be legitimate or illegitimate The child should not be less than 3 days old. b. or the legitimate spouse of the accused. c.

or of an earthquake. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. Otherwise. they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 123 . by means of motor vehicles or with the use of any other means involving great waste or ruin 4. c.c. with treachery. 7. He has not promoted or facilitated the prostitution of his wife or daughter. it would be attempted or frustrated murder Murder will exist with only one of the circumstances. taking advantage of superior strength. by means of inundation. or that he has not consented to the infidelity of the other spouse. The killing was attended by any of the following qualifying circumstances: 1. or employing means to weaken the defense or of means or persons to insure or afford impunity 2. epidemic or any other public calamity 5. The accused killed him. Murder397 a. fire. destructive cyclone. b. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse. on occasion of any of the calamities enumerated in the preceding paragraph. 397 Art. with evident premeditation 6. explosion. stranding of vessel. fall of airship. A person was killed. The other circumstances are absorbed or included in one qualifying circumstance. The killing is not parricide or infanticide. with the aid or armed men. in consideration of price. reward or promise 3. shipwreck. with cruelty. eruption of a volcano. poison. derailment or assault upon a street car or locomotive. Otherwise. 248 The victim must be killed in order to consummate the offense.

which is presumed. b. person/s who inflicted serious physical injuries b. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 399 Art. A person was killed. The person or persons who inflicted serious physical injuries or who used violence can be identified. 249 Intent to kill is conclusively presumed when death resulted. c. There be several persons. there is no tumultuous affray Persons liable are: a. d. The accused killed him without any justifying circumstances. c. all persons who used violence upon the person of the victim 124 . evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons. 251 Tumultuous affray exists hen at least 4 persons take part in it When there are 2 identified groups of men who assaulted each other. Someone was killed in the course of the affray. It cannot be ascertained who actually killed the deceased. Hence. if it is not known who inflicted serious physical injuries on the deceased. These several persons quarreled and assaulted one another in a confused and tumultuous manner. each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element.Homicide398 a. Death in a tumultous affray399 a. e. 398 Art. or by that of parricide or infanticide. b. The killing was not attended by any of the qualifying circumstances of murder. f. even if they were not in conspiracy. The accused had the intention to kill. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. d.

Giving assistance to suicide401 a. Assisting another to commit suicide. the fetus in her womb was expelled. Usually. Discharge of firearms402 a. d. not knowing in what part of the house the people were. the person does not want to die. 254 The offender must shoot at another with any firearm without intention of killing him. In this case. is not liable for abortion Assistance to suicide is different from mercy-killing. whether the suicide is consummated or not b. b. firing a gun against the house of the offended party at random. A participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. it is only alarm under Art. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 402 Art. 252 Art. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying. c. the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. If the firearm is not discharged at a person. Lending his assistance to another to commit suicide to the extent of doing the killing himself. Offender discharges a firearm against or at another person. 400 401 Art. All those who appear to have used violence upon the person of the offended party are known. On the other hand. the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party 125 . Offender has no intention to kill that person.Physical injuries inflicted in a a. The person responsible therefor cannot be identified. There is a tumultuous affray as referred to in the tumultous affray400 preceding article. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. 155. b.

the fetus dies. or that the accused otherwise acts upon such pregnant woman. or drugs or beverages administered. c. There is a pregnant woman. mother or legitimate ascendant. the penalty is that for murder. or any other act of the accused. either in 403 Art. Violence is exerted. 256 405 Art. c. b. arts 256 and 257 does not apply 126 . she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead. The violence is intentionally exerted. 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted. The deceased child was less than three (3) days (72 hours) of age. The accused killed the said child. either in the womb or after having been expelled therefrom. he shall suffer the penalty prescribed for parricide. Unintentional abortion405 a. The abortion is intended. or although born alive it could not sustain an independent life when it was killed 404 Art. A child was killed. If the offender is any other person. d. the proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. Intentional abortion404 a.Infanticide403 a. As a result of the use of violence or drugs or beverages upon her. Violence is used upon such pregnant woman without intending an abortion. 255 When the offender is the father. In either case. such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. if she is a prostitute. b. c. As a result of the violence that fetus dies. d. There is a pregnant woman. b. Hence.

407 Art. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide. the pregnant woman herself 2. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. Killing one’s adversary in a duel a duel408 406 Art. with her consent for the purpose of concealing her dishonor. causes or assists in causing the abortion. The abortion is intended. any other person. 260 Persons liable: 127 . The abortion is caused by – 1. d. Offender. b. who must be a physician or midwife. c. dispensing of abortives407 b. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. Abortion practiced by a a. What is punished is the act of dispensing an abortive without the proper prescription. Abortion practiced woman herself or parents406 by by the a. he is liable as an accomplice 408 Art. 258. This is not so for Art. any of her parents. Responsibility of participants in a. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results. c.the womb or after having been expelled therefrom. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. The abortion is intended. Said physician or midwife takes advantage of his or her scientific knowledge or skill. However. There is a pregnant woman who has suffered an physician or midwife and abortion. or 3. There is a pregnant woman who has suffered an her abortion. with her consent.

b. it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 128 . the castration must be made purposely. Challenging another to a duel b. totally or partially. Accomplices – as seconds Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side. 261 Persons liable: 1. who make the selection of arms and fix all the other conditions of the fight If death results. Mutilation is caused purposely and deliberately 1. 262 Kinds of Mutilation Intentionally mutilating another by depriving him. Inciting another to give or accept a challenge to a duel c. There be a castration i. the penalty is the same as that for homicide 409 Art. Principals – person who killed or inflicted physical injuries upon his adversary.e. or both combatants in any other cases 2. Instigators 410 Art. other than the essential organ for reproduction. clipping off any part of the body of the offended party. i. of some essential organ for reproduction Intentionally making another mutilation. lopping. mutilation of organs necessary for generation b. Inflicting upon the adversary serious physical injuries c.e. to deprive him of that part of the body In the first kind of mutilation. Making a combat although no physical injuries have been inflicted Challenging to a duel409 a. Challenger 2. Otherwise. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Mutilation410 a.

Injured person becomes insane. Meanwhile. permanent and definite abnormality. arm or leg 411 Art. Assaulting 4. loses the use of speech or the power to hear or to smell. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. Otherwise. However. a hand. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4. imbecile. Otherwise. In this respect. not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days. 263 How Committed 1. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. other than a principal member Deformity: means physical ugliness. loses an eye. loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. the illness of the offended party may be considered as lasting more than 30 days. Wounding 2. However. Injured person – 1. Thus. Beating 3. the injured party must have an avocation at the time of the injury.Serious physical injuries411 a. impotent or blind b. if the scar is usually covered by a dress. It must be conspicuous and visible. foot. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before 129 . a front tooth is considered as a member of the body. there must be evidence of the length of that period. not medical attendance In determining incapacity. covers any other member which is not a principal part of the body. all that is required is illness or incapacity. loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member. it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. Par 3 on the other hand. Not curable by natural means or by nature. it will be considered as serious physical injuries under par 3 Loss of use of hand or incapacity of usual work in par 2 must be permanent Par 2 refers to principal members of the body. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. Loss of one incisor is not.

provided the crime is not direct assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 130 . loses the use thereof 4. thus throwing of the acid in the face is not contemplated 414 Art.412 Administering injurious a. loses the use of any such member 3. ascendants. when there is manifest intent to insult or offend the injured person b. when there are circumstances adding ignominy to the offense c. becomes incapacitated for the work in which he had been habitually engaged b. It was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity c. when the victim is a person of rank or person in authority. becomes deformed 2. He had no intent to kill. loses any other member of his body 3. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. 265. curators or teachers d.415 or needs medical attendance for the but not more than 90 days Art. Circumstances qualifying the offense: a. Injured person becomes ill or incapacitated for labor for more than 30 days. guardians. Injured person – 1.2. when the victim is either the offender’s parents. 264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance. Less serious physical injuries414 412 413 a. Offender inflicted upon another person any substances or beverages413 serious physical injury b. Offended party is incapacitated for labor for 10 days or more.

Black-eye 418 ex. Ill-treatment of another by deed without causing any injury418 415 416 but not more than 30 days Art. The physical injuries must not be those described in the preceding articles Slight physical injuries416 a.same period of time b. 266 417 ex. Incapacitated the offended party for labor from 19 days or required medical attendance during the same period b. Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance417 c. slapping but without causing dishonor 131 .

419 R. or properties. 9262 132 . or deliberately providing the woman's children insufficient financial support. (c) Attempting to cause the woman or her child physical harm. or solely controlling the conjugal or common money. or intimidation directed against the woman or child. (b) Threatening to cause the woman or her child physical harm. right. (d) Placing the woman or her child in fear of imminent physical harm. business or activity or controlling the victim's own mon4ey or properties. physical or other harm or threat of physical or other harm. Anti-Violence against Women and their Children Act of 2004419 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. (3) Depriving or threatening to deprive the woman or her child of a legal (4) Preventing the woman in engaging in any legitimate profession. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. This shall include. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions.A. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family.a. occupation. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. but not limited to.

Anti-Child Pornography Law421 i) Definition of terms Child A person below eighteen (18) years of age or over. and (5) Engaging in any form of harassment or violence. or reckless conduct. cruelty. but not limited to. physical harm. exploitation or discrimination because of a physical or mental disability or condition. depicted or portrayed as a child as defined herein. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. Also refers to: (1) a person regardless of age who is presented. or through intimidation directed against the woman or her child or her/his immediate family. R. This shall include. but not be limited to. but is unable to fully take care of himself/herself from abuse. by force or threat of force. neglect. (i) Causing mental or emotional anguish. repeated verbal and emotional abuse. and (2) computer-generated.A. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child.420 b. (2) Peering in the window or lingering outside the residence of the woman or her child. 9775 133 . and denial of financial support or custody of minor children of access to the woman's child/children.(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. the following acts: (1) Stalking or following the woman or her child in public or private places. digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein 420 421 Sec. (h) Engaging in purposeful. public ridicule or humiliation to the woman or her child. knowing. including. 5.

(3) masturbation. (2) bestiality. buttocks. whether between persons of the same or opposite sex. of child engaged or involved in real or simulated explicit sexual activities. oral to genital. An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet. digital. Includes actual or simulated (1) As to form: (i) sexual intercourse or lascivious act including. but not limited to. pubic area and/or anus. optical. mechanical.Child pornography Any representation. A person who hosts or who proposes to host internet content in the Philippines. The act of preparing a child or someone who the offender 134 Internet cafe or kiosk Internet content host Internet (ISP) Grooming service . magnetic or any other means. or (6) use of any object or instrument for lascivious acts Explicit Sexual Activity Internet address A website. or written combination thereof. provider A person or entity that supplies or proposes to supply. or oral to anal. or any other internet or shared network protocol address. breasts. audio. contact involving genital to genital. computer games or related services. (5) lascivious exhibition of the genitals. by electronic. bulletin board service. whether visual. anal to genital. internet chat room or news group. an internet carriage service to the public. (4) sadistic or masochistic abuse.

It includes online enticement or enticement through any other means. with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. sell. houses or in establishments purporting to be a legitimate business. (b) To produce. (d) To possess any form of child pornography with the intent to sell. publish. distribute. publish or broadcast. direct. manufacture or create any form of child pornography. Luring (1) The act of communicating. Person 422 Sec. 3. advertising. cubicles. persuade. distribute. promoting.believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell. willfully and intentionally provide a venue for the commission of prohibited acts as.422 ii) Unlawful or punishable acts (a) To hire. use. private rooms. broadcast. by means of a computer system. distribute. (c) To publish offer. employ. (e) To knowingly. representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography. cinemas. promote. induce or coerce a child to perform in the creation or production of any form of child pornography. export or import any form of child pornography. 135 . transmit. advertise. but not limited to. regardless of the actual content of the material or purported material. (2) Bestiality Pandering The act of offering. Any natural or juridical entity. dens. or broadcast: Provided.

(k) To conspire to commit any of the prohibited acts stated in this section. 426 Sec. foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. (i) To engage in pandering of any form of child pornography. theaters and telecommunication companies. participate or assist in any form of child pornography. and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.423 c. shall include the names of those to be subjected to such activities. 4. 1. silly. by themselves or in cooperation with other entities. (j) To willfully access any form of child pornography. R. 2 136 . Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it. and (l) To possess any form of child pornography. sorority or organization by placing the recruit.(f) For film distributors. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days.426 423 424 Sec. to distribute any form of child pornography. 8049 425 Sec. (h) To engage in the luring or grooming of a child. sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation.A. legal guardian or person having custody or control of a child to knowingly permit the child to engage.425 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity. (g) For a parent. Anti-Hazing Law424 i) Hazing a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity.

former officers. The officers. but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. 2. This section shall apply to the president.ii) Who are liable The officers and members of the fraternity. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. impotent or blind. rape. or alumni of the organization. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. manager.428 iii) Punishable acts 1. 3. If in consequence of the hazing the victim shall become insane. 137 . or shall have lost an eye. group. 4. fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals.427 The owner of the place where hazing is conducted shall be liable as an accomplice. a hand. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. sodomy or mutilation results there from. 427 428 Sec. when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. or organization. Ibid. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof. group. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. If death. an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. imbecile. a foot. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. If the hazing is held in the home of one of the officers or members of the fraternity. the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

or shall have lost the use thereof. 5. threat or intimidation. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. or to the police authorities. or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.429 429 Ibid. 6. intimidation or deceit on the person of the recruit who refuses to join. or that the injury sustained shall require medical assistance for the same period. 8. is prevented from quitting. (b) when the recruit. violence. or (e) when the victim is below twelve (12) years of age at the time of the hazing. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. 138 . violence. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. (c) when the recruit. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians. through force. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days. to the proper school authorities. (d) when the hazing is committed outside of the school or institution. The responsible officials of the school or of the police. or that the injury sustained shall require medical assistance for the same period. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more. threat.4. military or citizen's army training organization. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. 7.

(3) Unreasonable deprivation of his basic needs for survival. such as food and shelter. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote. Special Protection of Children Against Child Abuse. profit. 2. neglect. degrades or demeans the intrinsic worth and dignity of a child as a human being. (4) Threatening or using violence towards a child to engage him as a prostitute. cruelty exploitation and discrimination and other conditions. or 430 431 R. sexual abuse and emotional maltreatment. cruelty. syndicate or group. facilitate or induce child prostitution which include. refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. 432 Child abuse" refers to the maltreatment. exploitation and discrimination. punishable acts Children. the following: (1) Acting as a procurer of a child prostitute.433 ii) Child prostitution. neglect. as amended. neglect. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. of the child which includes any of the following: (1) Psychological and physical abuse. but are not limited to. or any other consideration or due to the coercion or influence of any adult.d. Exploitation. whether habitual or not. exploitation or discrimination because of a physical or mental disability or condition. 7610. prejudicial to their development.A. (2) Any act by deeds or words which debases. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. and Discrimination Act430 i) Coverage Special protection to children431 from all forms of abuse. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse432. 433 Sec. who for money. indulge in sexual intercourse or lascivious conduct. are deemed to be children exploited in prostitution and other sexual abuse. cruelty. whether male or female. 139 . (3) Taking advantage of influence or relationship to procure a child as prostitute.

435 Sec. disco. or of the sauna. as the case may be.435 iii) Child trafficking. or for any other consideration. punishable acts Any person who shall engage in trading and dealing with children including.(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. resort. whether as manager or owner of the establishment where the prostitution takes place. as amended. bar.436 434 When the victim is under twelve (12) years of age. shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. the act of buying and selling of a child for money. paragraph 3. for rape and Article 336 of Act No. 5 436 Sec. but not limited to. 7. the perpetrators shall be prosecuted under Article 335. or barter. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. 140 . for rape or lascivious conduct. the Revised Penal Code. 3815.434 and (c) Those who derive profit or advantage therefrom. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period.

439 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. the competent authorities must refrain from branding or labeling children as young criminals. id. Abandons the child under such circumstances as to deprive him of the love. Likewise. prostitutes or attaching to them in any manner any other derogatory names. corrosive or harmful substances over the body of the child in conflict with the law. social. Fails or refuses. 3. juvenile delinquents. Employment of abusive. and solitary confinement.A. 60. without justifiable grounds. 2. 603. 5.A. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. and degrade his/her personality and dignity. Sells or abandons the child to another person for valuable consideration. inhuman end cruel forms of punishment such as shaving the heads. or forcing him/her to walk around the community wearing signs which embarrass. Conceals or abandons the child with intent to make such child lose his civil status. 9344 440 Sec. 4.e. to enroll the child as required by Article 72. 3. Juvenile Justice and Welfare Act of 2006. 437 438 R. 2. no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. 9344. stripping. spiritual. 141 . Employment of degrading. as amended 439 Sec. pouring irritating. emotional. beating. R. humiliate. P. coercive and punitive measures such as cursing. prohibited: 1. care and protection he needs. 61. and 4.. moral and physical health and well-being of the child in conflict with the law and therefore.440 Criminal liability shall attach to any parent who: 1.D. Employment of threats of whatever kind and nature.437 also refer to Child and Youth Welfare Code438 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child. Compelling the child to perform involuntary servitude in any and all forms under any and all instances.

Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrasses or humiliates him. 11. 9.444 f.443 A person whether the parent or guardian of the child or not. 142 . 10. abets or connives with the commission by a child of a delinquency.442 it shall be presumed that he permitted or ordered the child to drive. Causes or encourages the child to lead an immoral or dissolute life.D. 445 R. causes. Aids. id. P. or permits the truancy441 of the child from the school where he is enrolled. promoting. or contributing to a child's being or becoming a juvenile delinquent. Causes. Improperly exploits the child by using him. 603 444 Art. or 1. directly or indirectly. 7. such as for purposes of begging and other acts which are inimical to his interest and welfare. Include the guardian and the head of the institution or foster home which has custody of the child. 12. 204. 2. 59. Human Security Act of 2007445 i) Punishable acts of terrorism446 ii) Who are liable447 441 442 Absence without cause for more than twenty (20) schooldays. Permits the child to possess. handle or carry a deadly weapon. 8.6. If the motor vehicle driven by the child belongs to the parent. abates. not necessarily consecutive. 9372 446 supra 447 Ibid. 443 Art. who knowingly or wilfully. regardless of its ownership.A. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) schooldays. Does any act producing.

The act of detention or kidnapping must be illegal 448 449 Art. or in any other manner deprives the latter of his liberty c. He kidnaps or detains another. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c. 268 Privileged mitigating circumstances: If the offender: a. 267 becomes serious 450 except if parent is the offender 451 Art. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. Kidnapping/detention lasts for more than 3 days 2. In the commission of the offense. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. The act of detention or kidnapping must be illegal d. Slight illegal detention451 a.450 female or a public officer. any of the following circumstances are present:449 1. Crimes Against Personal Liberty and Security Crimes Elements Kidnapping and serious illegal a. Offender is a private individual detention448 b. It is committed simulating public authority 3. without having attained the purpose intended and c.9. before the institution of criminal proceedings against him 143 . Offender is a private person b. that the person kidnapped or detained is a minor. or 4.

Offender purchases. Kidnapping and failure to return a a. sells. 271 Inducement must be actual. committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother 457 whether over or under 7 458 Art. the penalty is higher 144 . He deliberately fails to restore the said minor to his parents. The crime is committed without the attendant of any of the circumstances enumerated in Art 267. Inducing a minor to abandon his a. the detention is not authorized by law In Art 125. 272 Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). The purpose of the offender is to deliver him to the proper authorities c. so either a public officer or private individual Refers to warrantless arrests In Art 125. the arrest is not authorized by law 454 Art. kidnaps or detains a supra Art. 269 Offender is any person. Offender arrests or detains another person b.452 Unlawful arrest453 a. the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. The minor457 is living in the home of his parents home456 or guardians or the person entrusted with his custody. b.d. Slavery458 452 453 a. The arrest or detention is not authorized by law or there is no reasonable ground therefor. Offender induces a minor to abandon such home. Offender is entrusted with the custody of a minor454 minor person455 b. 270 455 whether over or under 7 but less than 18 yrs old 456 Art. the detention is for some legal ground while here.

273 Art. It is against the will of the minor. Exploition of child labor459 a. b. The accused can render assistance without detriment to himself. c. Place is not inhabited. compulsion in payment of debt460 either as household servant or farm laborer. 275 145 . Abandonment of person in danger and abandonment of one’s own victim461 1.human being. guardian or person entrusted with the custody of such minor. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. The purpose of the offender is to enslave such human being. 2. d. 274 461 Art. Art. The accused found there a person wounded or in danger of dying. b. c. b. It is under the pretext of reimbursing himself of a debt incurred by an ascendant. unless such omission shall constitute a more serious offense a. when he can render such assistance without detriment to himself. The purpose is to require or enforce the payment of a debt. 459 460 Failing to deliver a child. c. Services rendered under a. Offender retains a minor in his service. b. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. Offender compels a debtor to work for him. It is against the debtor’s will. The accused fails to render assistance.

giving them education which their station in life requires and financial b. indifference of parents463 1. He delivers said minor to a public institution or other persons.under 7 whom the offender has found abandoned. His station in life requires such education and his financial condition permits it. The one who entrusted such child to the offender has not consented to such act. The child is under seven (7) years of age. permanent. if the life of the minor was in danger because of the abandonment 463 Art. when the death of the minor resulted from such abandonment b. Offender has charged of the rearing or education of a minor. or if the one who entrusted such child to the offender is absent. 276 Conscious. c. He abandons such child. the proper authorities have not consented to it. Neglecting his464 children by not a. deliberate. He has no intent to kill the child when the latter is abandoned. Abandonment of minor by person entrusted with his custody. without the consent of the proper authorities a. Offender is a parent. in the absence of that one. d. 462 Art. 2. b. or by failing to take him to a safe place Abandoning a minor462 a. unless punishable by a more serious offense Qualifying circumstances: a. c. to the authorities or to his family. b. 277 464 offender 146 . Delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or. He neglects his children by not giving them condition permits education. Offender has the custody of a child. c.

compensation or promise. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price. the offender being any person. diver. rope-walker. Causing any boy or girl under 16 to perform any dangerous feat of balancing. 465 Art. the offender being any person. 2. 5. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. the offender being engaged in any of said callings. 4. the offender being an ascendant. gymnast. Inducing any child under 16 to abandon the home of its ascendants. curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar. 147 . Employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. teacher or person entrusted in any capacity with the care of such child. Delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar. or wild-animal tamer or circus manager or engaged in a similar calling. guardian. 3. physical strength or contortion. the penalty is higher.Exploitation of minors465 1. rope-walker. 278 Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat. guardians.

the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 467 Art. Offender is a private person. b. Offender threatens another person with the infliction upon the latter’s person. c. The entrance is made while either of them is uninhabited. Such entrance is against the latter’s will. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation. purpose is to render some service to humanity or justice c. 282 Aggravating circumstances: if made in writing or thru a middleman Frustrated – if not received by the person being threatened Art 284 bond from good behavior may be imposed (only in these offenses) 148 . 1. b. honor or property that of his family of any wrong amounting to a crime and 466 Art. c. this is the crime May be committed even by the owner (as against the actual occupant) Not applicable to: a. tavern etc. Other forms of trespass467 a. or upon that of the latter’s family. the occupants or a third person b. d. The trespasser has not secured the permission of the owner or the caretaker thereof. but the intention to kill came to his mind when he was being arrested by the occupants thereof. place is a café. He enters the dwelling of another. 281 468 Art. The prohibition to enter be manifest. honor or property. Grave threats where attained his purpose468 offender a. while open Medina case: when the accused entered the dwelling through the window. of any wrong. Offender enters the closed premises or the fenced estate of another. Threatening another with the infliction upon his person.Trespass to dwelling466 a. the penalty is higher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed. he had no intent to kill any person inside. entrance is for the purpose of preventing harm to himself.

Offender has attained his purpose or. Making such threat without the offender attaining his purpose 3. c. b. Offender makes a threat to commit a wrong. honor or property. c. The threat is not subject to a condition Light threats471 a. or upon that of the latter’s family. b. even though not unlawful. other condition. 284 473 Art. b. without persisting in the idea involved in the 469 470 Threat is with condition threat is without condition 471 Art. 283 Only in these offenses The wrong does not amount to a crime 472 Art. Person shall threaten another with a weapon. even though not unlawful d. Offender threatens another person with the infliction upon the latter’s person. There is a demand for money or that any other condition is imposed. person orally threatens another with some harm constituting a crime. 2. Such wrong amounts to a crime. Threatening another with the infliction upon his person. 285 149 . that he has not attained his purpose. There is a demand for money or that other condition is imposed. Offender attains his purpose. or draw weapon in a quarrel unless in self-defense. even though not unlawful and the offender469 c.demanding money or imposing any b. d. In the heat of anger. Such wrong amounts to a crime. The wrong does not constitute a crime. the threat not being subject to a condition470 a. honor or property or that of his family of any wrong amounting to a crime. of any wrong. Bond for good behavior472 Other light threats473 a.

b.threat. 288 150 . b. The purpose of the offender is to apply the same to the payment of the debt. c. Other similar coercions476 No. 1 a. Grave coercions474 a. c. He or such firm or corporation has employed laborers or employees. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. or. c. that the restraint shall not be made under authority of law or in the exercise of any lawful right. He seizes anything belonging to his debtor. d. Person orally threatens another with harm not constituting a felony. or knowingly permits to be forced or compelled. The person that restrained the will and liberty by another had not the authority of law or the right to do so. be it right or wrong. directly or indirectly. Offender is any person. The prevention or compulsion be effected by violence. A person prevented another from doing something or not to do something against his will. c. in other words. b. Light coercions475 a. Offender must be a creditor. Subsequent acts did not persist. agent or officer of any association or corporation. He forces or compels. 287 476 Art. 286 Art. of force as would produce intimidation and control the will. any of his or its laborers or employees to purchase 474 475 Art.

No. 289 Art. maintain or prevent coalitions of capital or labor. office479 477 478 Art.merchandise or commodities of any kind from his or from said firm or corporation. the penalty is higher 479 Art. d. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. and prohibition of combination of capital or labor through violence or threats477 a. 2 a. Formation. b. Offender is a private individual or even a public seizure of correspondence478 officer not in the exercise of his official function. b. 291 151 . Discovering secrets through a. strike of laborers or lockout of employees. He seizes the papers or letters of another. maintenance. 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of rd another to a 3 person. c. Those tokens or objects are other than the legal tender currency to the Philippines. The purpose is to discover the secrets of such another person. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. employee or servant. Offender is a manager. Offender employs violence or threats. Offender is informed of the contents or the papers or letters seized. The purpose is to organize. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work b. c. Revealing secrets with abuse of a.

The manufacturing or industrial establishment has a secret of the industry which the offender has learned. employee or workman of a manufacturing or industrial establishment. Revelation of industrial secrets480 a. c. Offender reveals such secrets. d. Offender is a person in charge.b. b. 292 152 . Prejudice is caused to the owner. He learns the secrets of his principal or master in such capacity. 480 Art. c. He reveals such secrets.

intercept. or any other such record. and. shall not be covered by this prohibition482. 153 . or aids. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder. criminal investigation or trial of offenses mentioned in section 3 hereof. to secretly overhear. to any other person. inciting to sedition. permit. or however otherwise described: It shall also be unlawful for any person. who is authorized by a written order of the Court. piracy. 616. conspiracy and proposal to commit rebellion. if the offender is an alien he shall be subject to deportation proceedings483. conspiracy to commit sedition.A. disc record. or to replay the same for any other person or persons. espionage. sedition. Anti-Wire Tapping Act481 i) Punishable acts It shall be unlawful for any person. 2. provoking war and disloyalty in case of war. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. wire record. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason. kidnapping as defined by the Revised Penal Code. to knowingly possess any tape record. either verbally or in writing.a. punishing espionage and other offenses against national security. Such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes 481 482 R. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder. inciting to rebellion. 4200 Sec. or copies thereof. 1 483 Sec. Any person who willfully or knowingly does or who shall aid. mutiny in the high seas. whether complete or partial. not being authorized by all the parties to any private communication or spoken word. and violations of Commonwealth Act No. or to furnish transcriptions thereof. ii) Exceptions Any peace officer. upon conviction thereof. or by using any other device or arrangement. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. permits. be he a participant or not in the act or acts penalized in the next preceding sentence. The use of such record or any copies thereof as evidence in any civil. rebellion. or to communicate the contents thereof. or causes such violation shall. to tap any wire or cable.

have actually been or are being committed.487 ii) Restriction on travel In cases where evidence of guilt is not strong.484 b. a police or law enforcement official and the members of his team may. 7 154 . discussion. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. the court. message. as the case may be. Human Security Act of 2007485 i) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No. with the use of any mode. or with the use of any other suitable ways and means for that purpose. conversation. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. any of such crimes. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. in the interest 484 485 Sec. doctors and patients. sedition.enumerated hereinabove has been committed or is being committed or is about to be committed. or to the solution of. association. 9372 486 Anti-Wire Tapping Law 487 Sec. 4200486 to the contrary notwithstanding. such authority shall be granted only (1) upon prior proof that a rebellion or acts of sedition. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. listen to. interception and recording of communications between lawyers and clients. conspiracy to commit sedition. journalists and their sources and confidential business correspondence shall not be authorized.A. intercept and record. inciting to rebellion. upon application by the prosecutor. Surveillance. or spoken or written words between members of a judicially declared and outlawed terrorist organization. or to the prevention of. any communication. upon a written order of the Court of Appeals. In cases involving the offenses of rebellion. and (3) that there are no other means readily available for obtaining such evidence. conspiracy and proposal to commit rebellion. form. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. and inciting to sedition. 3 R.

the deposits. computers. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. which shall then be forfeited as provided under the Rules of Court. or group of persons. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. e-mails. cellphones. While under house arrest. public safety. association. placements. as may be provided by law. 488 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. assets. Travel outside of said municipality or city. shall be deemed a violation of the terms and conditions of his bail.of national security and public safety.489 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. or public health. he or she may not use telephones. the internet or other means of communications with people outside the residence until otherwise ordered by the court. and (3) of a member of such judicially declared and outlawed organization. assets and records in a bank or financial institution. or group of persons. or cause the examination of. 26 155 . association. consistent with Article III. 489 Sec. trust accounts. Neither shall the right to travel be impaired except in the interest of national security. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. to the contrary notwithstanding. placements. conspiracy to commit terrorism. and (b) gather or cause the gathering of any relevant information about such deposits. (2) of a judicially declared and outlawed terrorist organization. and records from a bank or financial institution. 1405 as amended. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. Section 6 488 of the Constitution. trust accounts. without the authorization of the court.

and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. shall not refuse to allow such examination or to provide the desired information. or group of persons in a bank or financial institution. and the gathering of any relevant information about the same from said bank or financial institution. 27 The members of the Council are: (1) the Executive Secretary. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. ordered by and served with the written order of the Court of Appeals. when so. trust accounts. reveals in any manner or form any classified information under this Act. 46 156 . assets.493 490 491 Sec. and records of those mentioned under nos. (4) the Secretary of National Defense. and upon examination under oath or affirmation of the applicant and. 492 Sec. police or law enforcement agent. 28 493 Sec. placements. (2) of any judicially declared and outlawed terrorist organization. judicial officer or civil servant who. not being authorized by the Court of Appeals to do so.490 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits. placements. and (7) the National Security Advisor. (6) the Secretary of Finance. association. shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53491 of this Act to file such ex parte application. trust accounts. as its other members. or group of persons. (5) the Secretary of the Interior and Local Government. who shall be its chairperson. and (3) the Secretary of Foreign Affairs. association.The bank or financial institution concerned. or (3) of any member of such organization. who shall be its Vice Chairperson. 1 to 3 above. assets. (2) the Secretary of Justice.492 iv) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person.

by means of threat or use of force. involuntary servitude or debt bondage. and (h) To recruit. natural or juridical. Anti-Trafficking in Persons Act of 2003494 I) Punishable acts It shall be unlawful for any person. pornography. or receive a person by any means. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. 4. sexual exploitation. slavery. pornography. or trading them to engage in prostitution. building or establishment for the purpose of promoting trafficking in persons. forced labor or slavery. forced labor. violence. pornography or sexual exploitation.c. any Filipino woman to a foreign national. (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. or material. use or allow to be used any house. adopt. for the purpose of acquiring. (b) To introduce or match for money. deceit.495 The following acts which promote or facilitate trafficking in persons. 6955. slavery. for marriage for the purpose of acquiring. (e) To maintain or hire a person to engage in prostitution or pornography. as provided for under Republic Act No. (g) To recruit. pornography. coercion. forced labor. or intimidation for the purpose of removal or sale of organs of said person. including those done under the pretext of domestic or overseas employment or training or apprenticeship. hire. to commit any of the following acts: (a) To recruit. sexual exploitation. sexual exploitation. fraud. sexual exploitation. involuntary servitude or debt bondage. transport.A. buying. 9208 Sec. selling or trading him/her to engage in prostitution. forced labor. 494 495 R. involuntary servitude or debt bondage. pornography. real or simulated. involuntary servitude or debt bondage. selling. transport or adopt a child to engage in armed activities in the Philippines or abroad. buying. economic or other consideration. harbor. slavery. provide. any person or. profit. transfer. offering. offering. transport or abduct a person. shall be unlawful: (a) To knowingly lease or sublease. (c) To offer or contract marriage. for the purpose of prostitution. 157 .

slavery. including the use of information technology and the internet. publish. It is deemed committed in large scale if committed against three (3) or more persons. financial or otherwise. broadcasting or distribution by any means. the labor or services of a person held to a condition of involuntary servitude. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. printing. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. broadcast or distribute. parent. 5. involuntary servitude or debt bondage.496 The following are considered as qualified trafficking: (a) When the trafficked person is a child.(b) To produce. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons. of any brochure. pornography. (b) When the adoption is effected through Republic Act No. or destroy the passport. or make use of. forced labor. or slavery. conceal. 158 . territorial boundaries and seaports who are in possession of unissued. tampered or fake counseling certificates. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. (d) When the offender is an ascendant. (f) To confiscate. sibling. or any propaganda material that promotes trafficking in persons. 8043. (c) When the crime is committed by a syndicate. (c) To advertise. flyer. or in large scale. print. and (g) To knowingly benefit from. publication. travel documents. sexual exploitation. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. 496 Sec. (e) To facilitate. assist or help in the exit and entry of persons from/to the country at international and local airports. individually or as a group. print and issue or distribute unissued. forced labor. or cause the advertisement.

497 497 Sec. the offended party dies. (f) When the offender is a member of the military or law enforcement agencies. 159 .(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. 6. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). and (g) When by reason or on occasion of the act of trafficking in persons. becomes insane.

There is unlawful taking of that property. intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263. Prosecution of the crime need not be by offended party – fiscal can sign the information. the taking of the property is robbery complexed with any of these crimes under Art. rape. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. even if taking is already complete when violence was used by the offender Use of force upon things – entrance to the building by means described in Arts. 294. rape should be considered as aggravating only and the crime is still robbery with homicide 160 . b. not upon the thing General rule: violence or intimidation must be present before the “taking” is complete Except: when violence results in – homicide. the intimidation of person499 following are committed: 498 Art. robbery with rape – intent to commit robbery must precede rape. or force upon anything. and There is violence against or intimidation of any person. 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur – it is robbery with violence 499 Art. Crimes Against Property Crimes Robbery in general498 Elements There be personal property belonging to another. Robbery with violence against or By reason or on occasion of the robbery. legal possession is sufficient Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property – must be unlawful. 294 Special complex crimes (specific penalties prescribed) a.10. When rape and homicide coexist. The taking must be with intent to gain. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. the unlawful taking is complete As to robbery with force upon things – thing must be taken out of the building Intent to gain – presumed from unlawful taking Taking must not be under the claim of title or ownership When there’s no intent to gain but there is violence in the taking – grave coercion Violence or intimidation must be against the person of the offended party. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. 293 Belonging to another – person from whom property was taken need not be the owner. if given in trust – estafa As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same.

1. Homicide 2. Robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or blind 3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in. 4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days 5. Any kind of robbery with less serious physical injuries or slight physical injuries Qualified robbery with violence or intimidation500 Robbery by a band501 a. More than 3 armed malefactors b. Liability for the acts of the other members of the band 1. he was a member of the band
robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: a. in an uninhabited place or b. by a band or c. by attacking a moving train, street car, motor vehicle or airship, or d. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or e. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294 500 Art. 295 Must be alleged in the information Can’t be offset by generic mitigating Art. 295 will not apply to: robbery w/ homicide, rape or SPI under par. 1 of Art. 263 501 Art. 296 c.

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2. he was present at the commission of a robbery by that band 3. other members of the band committed an assault 4. he did not attempt to prevent the assault502 Attempted or frustrated robbery with homicide503 Execution of deeds by means of a. Offender has intent to defraud another. violence or intimidation504 b. Offender compels him to sign, execute, or deliver any public instrument or document. c. The compulsion is by means of violence or intimidation. Robbery in an inhabited house or a. Offender entered public building or edifice devoted to worship505 1. an inhabited house, or
502

1. Conspiracy to commit robbery with homicide – even if less than 4 armed men 2. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide 3. Conspiracy is presumed when 4 or more armed persons committed robbery 4. Unless the others attempted to prevent the assault – guilty of robbery by band only 503 Art. 297 1. Whether robbery is attempted or frustrated, penalty is the same 2. Where offense committed is attempted or frustrated robbery with serious physical injuries – Article 48 is applicable 504 Art. 298 505 Art. 299 Includes dependencies (stairways, hallways, etc.) Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies, courts, corals, barns, etc. Not included – orchard, lands for cultivation. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out but to enter – therefore, evidence to such effect is necessary P v. Lamahang – intent to rob being present is necessary Place: house or building; not car Public building – every building owned, rented or used by the government (though owned by private persons) though temporarily vacant Not robbery – passing through open door but getting out of a window

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2. public buildings, or 3. edifice devoted to religious worship. b. The entrance was effected by any of the following means: 1. Through an opening not intended for entrance or egress. 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools or. 4. By using any fictitious name or pretending the exercise of public authority. c. Once inside the building, the offender took personal property belonging to another with intent to gain.

Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely pushed False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks – specially made, adopted for commission of robbery Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons False key – used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened) Gen. Rule: outside door. Exception: inside door in a separate dwelling, e.g. pretending to be police to be able to enter (not pretending after entrance)

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Robbery with force upon things506

a. Offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it b. Offender takes personal property belonging to another with intent to gain, under any of the following circumstances: 1. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or 2. Taking such furniture or objects away to be broken or forced open outside the place of the robbery.

Robbery in an uninhabited place and by a band507 Robbery in an uninhabited place a. Offender entered an uninhabited place or a or in a private building508 building which was not a dwelling house, not a
506

Art. 299 (b) Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open – already consummated robbery Estafa – if box is in the custody of accused Theft – if box found outside and forced open 507 Art. 300 What is an uninhabited house, public building or building dedicated to religious worship and their dependencies (Art. 301) 1. Dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places: a. contiguous to the building b. having an interior entrance connected therewith c. which form part of the whole 2. Garage – must have 3 requirements. Exception: orchards/lands 508 Art. 302 Second kind of robbery with force upon things Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned) Ex. warehouse, freight car, store. Exception: pigsty Same manner as Art. 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art. 299. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft

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fruits or fire wood in an uninhabited place or private building509 Illegal possession of picklocks or a. floor. or not an edifice devoted to religious worship. 3. 2. picklocks or other similar tools. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened 509 Art. b. The entrance was effected through the use of false keys. or outside door or window was broken. With intent to gain. c. Offender does not have lawful cause for such possession. the offender took therefrom personal property belonging to another. even if the same be broken open elsewhere. Such picklocks or similar tools are specially adopted to the commission of robbery. 303 510 Art. Offender has in his possession picklocks or similar similar tools510 tools. 304 Actual use of the same is not necessary 165 . A door. Entrance was effected through an opening not intended for entrance or egress. A wall. Robbery of cereals. chest. roof. 4. Any of the following circumstances was present: 1. wardrobe.public building. or any sealed or closed furniture or receptacle was broken or 5. b. c. A closed or sealed receptacle was removed.

Taking of personal property. He acquires or receives the property taken by such brigands. b. 308 Persons liable: 1. Art. There is a band of brigands. possession of any kind of arms (not just firearms) 513 Art. not robbery (not stolen) 512 Art. 305 Possession of false keys here not punishable If key was entrusted and used to steal. he gives them information of the movements of the police or other peace officers of the government or 3. 307 514 Art. he in any manner aids. Any key other than those intended by owner for use in the lock forcibly opened by the offender Brigandage512 Brigands – more than three (3) armed persons forming a band Aiding and abetting a band of a. etc. or 2. (b) extortion or other unlawful purpose. Offender knows the band to be of brigands.False keys511 Picklocks. Seizure of any person for: (a) ransom. Theft514 511 a. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take personal property of another 166 . brigands513 b. 306 PD 532 – Brigandage. Offender does any of the following acts: 1. a. (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person on any Phil hi-way Presumption of Brigandage: a. abets or protects such band if brigands. Genuine key stolen from owner. if members of lawless band and possession of unlicensed firearms (any of them) b. c.

etc. taking of Php is theft If offender claims property as his own (in good faith) – not theft (though later found to be untrue. use. If in bad faith – theft) Gain is not just Php – satisfaction.e. without the consent of its owner c) hunts or fish upon the same or gather fruits.g. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner 3.g.. par. Hunting. the control test P v. P v. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them 4. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee. cereals or other forest or farm products. it is actually taken by him (no intent to return) e. Offender enters the same. pleasure desired. Espiritu – full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner. The taking is done without the consent of the owner. prior to this. otherwise. b.3 Fish not in fishpond. There is an enclosed estate or a field where fruits. fishing or gathering a. Belonging to another. But it is estafa if juridical possession is transferred e. d) without the latter’s consent 2. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and. Otherwise. any benefit (e. The taking is accomplished without the use of violence against or intimidation of persons or force upon things. therefore must exclude “joyride” Theft: if after custody (only material possession) of object was given to the accused. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i. inspector misreads meter to earn b. qualified 167 . e. c. in enclosed estate515 trespass is forbidden or which belongs to another. d. by contract of bailment Includes electricity and gas a. The taking is done with intent to gain. felonious conversion.b. no. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important 515 Art.g. 308. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things).

With grave abuse of confidence. Not postmaster – Art. Qualified theft516 a. or c. mail matter 3. The hunting or fishing or gathering of products is without the consent of the owner. or d. or b. Theft of property of the national library and national museum517 516 Art. 311 168 .c.. not qualified theft theft – material possession estafa – juridical possession qualified: if done by one who has access to place where stolen property is kept e. e. motor vehicle 2. 226 517 Art. Property stolen is: 1. his absconding is QT motor vehicle in kabit system sold to another-theft. On occasion of calamities and civil disturbance. cereals or other forest or farm products. tellers novation theory applies only if there’s a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to gain.g. guards. Committed by domestic servant. 310 “grave abuse” – high degree of confidence.g. fish from fishpond or fishery. and d. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter – private mail to be QT. large cattle 4. coconut from plantation 5. guests no confidence. Offender hunts or fishes upon the same or gathers fruits.

culpable insolvency 521 that is.521 b. by abuse of confidence. 522 Art. c. 518 519 Art. There be prejudice to his creditors. his obligations was due and payable. or any other marks intended to designate the boundaries of the same. Estafa with unfaithfulness523 a. The accused defrauded another 1. quantity. He alters its substance. Altering boundaries 519 landmarks or a. Fraudulent insolvency520 a. or or means of deceit and 2.1. d. (A) 169 . b. b. He absconds with his property. There is intent to gain. Offender has an onerous obligation to deliver something of value. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. c. or quality. Estafa in general522 a.Occupation of real property or usurpation of real rights in property518 a. Offender is a debtor. 313 520 Art. 314 . The real property or real rights belong to another. 312 Art. provinces.315. Offender alters said boundary marks. 315 523 Art. There be boundary marks or monuments of towns. Offender takes possession of any real property or usurps any real rights in property. or estates. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. Par. Sub. b.

goods. Converting – act of using or disposing of another’s property as if it was one’s own. Demand is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. by altering the substance b. 2. domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the public officer is acquitted. Estafa – not affected by Novation of Contract because it is a public offense e. the private individual allegedly in conspiracy with him may be held liable for estafa 170 . By denying that the thing was received Unfaithful or Abuse of Confidence a. the owner expects an immediate return of the ting to him – otherwise. 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. Misappropriating – to take something for one’s own benefit g. In theft. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. same thing received must be returned otherwise estafa. upon delivery of the thing to the offender.D.315.1. Estafa with abuse of confidence524 a. under P. sale on credit by agency when it was to be sold for cash – estafa d. There must be prejudice to another – not necessary that offender should obtain gain i. thing has been devoted for a purpose or use different from that agreed upon h. the same. or for administration. thing is received by offender under transactions transferring juridical possession. thing delivered has not been fully or partially paid for – not estafa d. or dental on his part of such receipt. By misappropriating the thing received. 524 Art. Damage or prejudice is caused to another. Estafa m.c. Failure to account after the demand is circumstantial evidence of misappropriation k. There be misappropriation or conversion of such money or property by the offender. Par. existing obligation to deliver – even if it is not a subject of lawful commerce c. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. or on commission. or other personal property be received by the offender in trust. (B) 3 ways of committing: 1. 3. Sub. b. Money. But if property is received for specific purpose and is misappropriated – estafa! j. or under any other obligation involving the duty to make delivery of or to return. Servant. no agreement as to quality – No estafa if delivery is unsatisfactory By misappropriating and converting a. not ownership b. By converting the thing received.

fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. the offended party or any third person Estafa by means of deceit526 a. he was induced to part with his money or property because of the false pretense. Such false pretense. or fraudulent means. that is.c. 525 526 Art. As a result thereof. The document so written creates a liability of. 315 False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false 171 . The offended party must have relied on the false pretense. Such misappropriation or conversion or dental is to the prejudice of another and d. fraudulent act. d. There must be a false pretense. Above the signature of the offended party a document is written by the offender without authority to do so. The offended party should have delivered it to offender. The paper with the signature of the offended party of the signature in blank525 be in blank. fraudulent means must be made or executed prior to or b. fraudulent act. c. Estafa by taking undue advantage a. or causes damage to. b. the offended party suffered damage. c. or fraudulent means. c. There is a demand made by the offended party to the offender.

Estafa by postdating a check or a. d. of Sec. Villapando. A person has sufficient funds in or credit with the the 2nd par. without any valid reason. Offender postdated a check. A person makes or draws and issues any check. of a.P.P. c. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt – no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note – no estafa 528 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds 172 . or would have been dishonored for the same reason had not the drawee. Such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. vs. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. Offense defined in the first par. The check is made or drawn and issued to apply on account or for value. 56 Phil. 22 drawee bank when he makes or draws and issues a check. or issued a check in issuing a check in payment of an payment of an obligation. b. Elements of the offense defined in a. obligation527 b. 1 of B. 527 Good faith is a defense. He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. (P. 22528 b. Sec. The person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. 1 of B. ordered the bank to stop payment.

inns.c. concealed or destroyed any of them. Estafa by removing. Offender induced the offended party to sign a sign any documents529 document.estafa Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud 530 No intent to defraud – destroying or removal = malicious mischief 531 second element of any form of estafa 173 . Prejudice be caused. 529 If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification. office files. b. Offender removed. By obtaining food or credit at hotels. b. restaurants etc. Temporary prejudice. but where the accused made representation to mislead the complainants as to the character of the documents . There be court records. c. concealing or a. Damage or prejudice capable of a. as a result of the defraudation. Deceit be employed to make him sign the document. or c. Estafa by inducing another to a. d. c. Offender had intent to defraud another. The offended party being deprived of his money pecuniary estimation531 or property. Disturbance in property right. documents or destroying documents530 any other papers. The check is dishonored by the drawee bank. The offended party personally signed the document. b.

leasing. c. Swindling by disposing of real a. Offender knew that the real property was encumbrance be not recorded534 encumbered. There must be express representation by the offender that the real property is free from encumbrance. such as a parcel of land encumbering. d. selling. Offender who is not the owner of said property represented that he is the owner thereof. Offender should have executed an act of ownership533 d. Offender is the owner of personal property. encumbering or mortgaging the real property 534 par. or mortgaging any or a building. 3 536 par. Swindling by wrongfully taking by a. 532 533 Art. The thing be immovable. Said personal property is in the lawful possession of another. d. Swindling536 by selling. a. Offender wrongfully takes it from its lawful possessor. property as free from encumbrance. 535 par. pretending to be the owner of the same532 b.1 selling. although such b. par. whether the encumbrance is recorded or not. The thing disposed of be real property. Offender is a surety in a bond given in a criminal mortgaging or encumbering real or civil action. c. real property. Prejudice is thereby caused to the possessor or third person. the owner his personal from its lawful possessor535 b. c.Swindling by conveying. 2. 6 174 . a. 316. The act be made to the prejudice of the owner or a third person. The act of disposing of the real property be made to the damage of another.

He induces such minor 1. or 3. The consideration is 1. c. 537 538 Art. forecast. Not mentioned above. other personal property. or 2. fulfillment of his obligation as surety537 c. to assume an obligation. He sells. mortgages. He guaranteed the fulfillment of such obligation the offender guaranteed the with his real property or properties. 317 539 Art. some loan of money 2. Offender takes advantage of the inexperience or emotions or feelings of a minor. made before the cancellation of his bond. or 3. Interpretation of dreams. in any other manner encumbers said real property. mortage or encumbrance is 1. or. 318 175 . or 3. Swindling a minor538 a. d. future-telling for profit or gain. b. without express authority from the court. before being relieved from the obligation contracted by him. Other deceits539 a.property or properties with which b. Such sale. 316 Art. or 2. to give release. credit. to execute a transfer of any property right. b. d. The transaction is to the detriment of such minor.

Offender. Arson and other crimes involving destructions542 Arsons of values543 property of small a. The burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading. barn. There is no written consent of the mortgagee or his executors. b. Personal property is already pledged under the terms of the chattel mortgage law. storehouse. 319 Ibid. The value of the property burned does not exceed 25 pesos c. who is the mortgagee of such property. He removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. 1744 revived Art. 323 176 . The removal is permanent. 320 543 Art. 540 541 Art.D. sells or pledges the same or any part thereof. An uninhabited hut.Selling or pledging personal property already pledged540 a. Offender knows that such property is so mortaged. administration or assigns to such removal. 1613 expressly repealed or amended Arts 320-326. b. There is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. shed or any other property is burned. but P. 542 P. c. Knowingly removing mortgaged Personal property is mortgaged under the chattel personal property541 mortage law.D.

or 3. Burning one’s property as a a. other similar effective means of destruction. Offender set fire to or destroyed his own property means to commit arson545 b. 544 545 Art. 325 Art. prejudice is actually caused. inundation 4. explosion 2. damaging the engine of the vessel 6. sinking or stranding of a vessel 5. The property burned is the exclusive property of the offender b. discharge of electric current 3. The property belonging to another was burned or destroyed Arson a. The purpose of the offender in burning it is 1. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. 325 177 . Offender causes destruction of the property b.Crimes involving destruction544 a. to defraud or cause damage to another or 2. taking up rails from the railway track 7. destroying telegraph wires and posts or those of any other system 8. the thing burned is a building in an inhabited place. The destruction was done by means of: 1.

waterworks. 330 178 . archive. or any other thing ised in common by the public. electric wires. scattering human excrement b.Malicious mischief546 Offender deliberately caused damage to the property of another. traction cables. signal system of railways 546 Art. registry. Using poisonous or corrosive substances. promenade. he used it = theft Damage is not incident of a crime (breaking windows in robbery) 547 Art. Such act does not constitute arson or other crimes involving destruction. road. 328 Qualified malicious mischief – no uprising or sedition (#1) 548 Art. telephone of communication550 lines. Special cases mischief547 of malicious Obstruct performance of public functions. Other mischief548 Not included in Art. The act damaging another’s property be committed merely for the sake of damaging it. Killing the cow as revenge If no malice – only civil liability Damage is also diminution in value But after damaging the thing. 328. Spreading infection or contagious among cattle. killing of cow as an act of revenge Damage and obstivation to means a.549 a. telegraph. 329 549 supra 550 Art. 326 Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate. Done by damaging railways. Damage to property of national museum or library. revenge or other evil motive No negligence Example.

Spouse. Circumstance qualifying the offense if the damage shall result in any derailment of cars. concubine/paramour (spouse) d. People killed as a result: 1. Theft 2. Brothers and sisters and brothers-in-law and sisters-in-law. murder – if derailment is means of intent to kill none – Art 48 e.b. ascendants and descendants or relatives by affinity in the same line 2. if living together. Malicious mischief 551 552 Art. 324 example: for transmission of electric power/light 553 Art. stepfather/mother (ascendants by affinity) b. adopted children (descendants) c. public monuments or paintings553 Exemption from criminal liability in crimes against property554 1. common law spouse (property is part of their earnings) 179 . The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. 331 554 Art. Offenses involved in the exemption: 1. 332 Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a. Removing rails from tracks is destruction551 c. Swindling 3. Not applicable when telegraph/phone lines don’t pertain to railways552 d. collision or other accident – a higher penalty shall be imposed Destroying or damaging statues.

180 . secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. 5. Anti-Fencing Law555 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who. article.D. establishment or entity is located. shall. or shall buy and sell. object or anything of value which he knows. 557 Sec.556 b) Presumption of fencing Mere possession of any good. article item. acquire. possess. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. or in any other manner deal in any article. item. 6. 2.558 555 556 P. item. or should be known to him. 1612 Sec. establishments or entities dealing in the buy and sell of any good. with intent to gain for himself or for another. receive.a. to have been derived from the proceeds of the crime of robbery or theft.557 ii) Exception a) With clearance or permit to sell All stores. sell or dispose of. 558 Sec. shall buy. object of anything of value obtained from an unlicensed dealer or supplier thereof. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. object. keep. before offering the same for sale to the public. No. conceal.

or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.562 ii) Evidence of knowledge of insufficient funds The making.P.P.564 559 560 B. knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 2001. Blg. shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon. for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation. 22 see Reference 561 ibid 562 Sec. when presented within ninety (90) days from the date of the check. 2. 12-2000 Re: Penalty for Violation of B. shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon. 563 Sec. 132001 Re: Clarification of Admin Circular No. February 14. without any valid reason. company or entity. the person or persons who actually signed the check in behalf of such drawer shall be liable. 564 Administrative Circular No. See Reference 181 . ordered the bank to stop payment. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank. which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer. the imposition of a fine alone should be considered as the more appropriate penalty. 22560 and Administrative Circular No.563 iii) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. Any person who. 12-2000561 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for value. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. 1. Bouncing Checks Law559 plus Administrative Circular No. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. 13-2001.b.

trolley cars. bulldozers. Changing the color of a motor vehicle by means of painting. lawn mowers. altering or changing of the original factory-inscribed serial number on the motor vehicle engine. or by using force upon things Any vehicle propelled by any power other than muscular power using the public highways. 6539 182 . fork-lifts. when propelled or intended to be propelled by attachment to a motor vehicle. of a motor vehicle belonging to another without the latter's consent.c. with intent to gain. and cranes if not used on public highways. The erasing. which run only on rails or tracks. Trailers having any number of wheels. engine block or chassis of any motor vehicle. There is repainting Motor vehicle Defacing or tampering with a serial number Repainting 565 R. or by means of violence against or intimidation of persons. Whenever any motor vehicle is found to have a serial number on its motor engine. amphibian trucks. shall be classified as separate motor vehicle with no power rating. scratching. and tractors. sprinklers. Anti-Carnapping Act of 1972565 i) Definition of terms Carnapping The taking. but excepting road rollers. trailers and traction engines of all kinds used exclusively for agricultural purposes.A. vehicles. street-sweepers. graders. engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines. that motor vehicle shall be considered to have a defaced or tampered with serial number.

Sec. every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine. Thereafter. engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped.566 Remodeling Dismantling Overhauling ii) Registration Within one year after the approval of this Act. engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine. and shall be confiscated in favor of the Government. 2. 3. all motor vehicle engines. The introduction of some changes in the shape or form of the body of the motor vehicle. The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. The tearing apart. engine block or chassis. Body-building A job undertaken on a motor vehicle in order to replace its entire body with a new body. of a motor vehicle.whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission.567 566 567 Sec. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. piece by piece or part by part. 183 .

which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type. 12. motor vehicle engine. specifying the make. the Collector of Customs concerned shall hold the motor vehicle engine. and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold. In the case of motor vehicle engines to be mounted on motor boats. make a report of the shipment to the Land Transportation Commission. 571 Sec. That no such permit shall be issued unless the applicant shall present a statement under oath containing the type.569 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided. If the motor vehicle engine. stating therein their type. chassis or body does not bear any serial number. 570 Sec. of the motor vehicle engine. 184 . motor bancas and other light water vessels. and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. chassis or body until it is numbered by the Land Transportation Commission. if any. engine block chassis or body is unloaded. Sec. within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein. and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission. engine blocks. 8. 10. 7. engine block and chassis or body. make and serial numbers. shall. make and serial numbers of the engine. and stating the names and addresses of the owner or consignee thereof. motor vehicle engines. engine block. chassis and body. make and serial numbers. distribution. engine blocks and chassis. engine block.568 b) Duty of importers. distributors and sellers Any person engaged in the importation.571 568 569 Sec. if any. chassis or body. shall keep a permanent record of his stocks.570 iv) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines. the applicant shall secure a permit from the Philippine Coast Guard.iii) Who are liable a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle. type and serial numbers. and buying and selling of motor vehicles.

inflammable or combustible materials are stored. housing tenement. theater or movie house or any similar place or building. public or private market. 9372 supra 574 P. or conveyance for transportation of persons or property 5. Human Security Act of 2007572 i) Punishable acts of terrorism573 e. Conspiracy to commit Arson577 572 573 R. 2. whether public or private. 2 577 Sec. II. or any edifice devoted to culture. airplane or any aircraft.if the property burned is any of the following: 1. situated in a populated or congested area. 7. Destructive Arson . 7 185 . Any church or place of worship or other building where people usually assemble.576 III.D.1613 575 Sec. whether used as a dwelling or not. judicial. 3. Any train. dormitory. vessel or watercraft. lodging house. Anti-Arson Law574 i) Punishable acts I. hotel.d. Any archive.A. 6. education or social services.any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another. shopping center. administrative or other official proceedings. Any hospital. 4. museum. Any building. 1 576 Sec. Any building where evidence is kept for use in any legislative. Arson575 . Any ammunition factory and other establishment where explosives.

b. when the offended party is under 12 years of age. She has sexual intercourse with a man not her husband. b. or 3. Done under any of the following circumstances: 1. Crimes Against Chastity Crimes Adultery578 Elements a. c. Keeping a mistress in the conjugal dwelling. 336 186 . 578 Art. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin 581 Art. The man must be married.11. 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover 579 even if marriage subsequently declared void 580 Art. by using force or intimidation. As regards the man with whom she has sexual intercourses. He committed any of the following acts: 1. Cohabiting with her in any other place. Offender commits any act of lasciviousness or lewdness. she must know him to be married. 334 “Scandal” consists in any reprehensible word/deed that offends public conscience. c. when the offended party is deprived of reason or otherwise unconscious. Acts of lasciviousness581 a. 2. The woman is married579 b. As regards the woman. or 2. 3. he must know her to be married. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. Concubinage580 a.

Qualified seduction582 1. person who. Offender has sexual intercourse with her. person in public authority. brother or descendant by her ascendant. 2. Seduction of a virgin over 12 a. Acts of lasciviousness with the a. It is committed by means of deceit. regardless of her age or e. Offended party is another person of either sex.583 on the part of the offender584 Simple seduction585 a. priest.c. He must be over 12 and under 18 years of age. brother who seduced his sister b. Those who abused their relationship: a. which is presumed if she and under 18 years of age by certain unmarried and of good reputation. Offender commits acts of lasciviousness or lewdness. persons. teacher d. teachers etc and b. servant 585 Art. in any capacity. Seduction of a sister by her d. is entrusted with the education or custody of the woman seduced 2. ascendant who seduced his descendant 583 incestuous seduction 584 person entrusted with education or custody of victim. d. Offended party is over 12 and under 18 years of age. Offended party is a virgin. domestic 3. c. such as a person in authority. 338 Common form is unconditional promise to marry 586 Art. 337 Persons liable: 1. There is abuse of authority. house servant c. priest. The acts are committed upon a woman who is virgin or 582 Art. Those who abuse their authority: a. Offender has sexual intercourse with her. Those who abused the confidence reposed in them: a. guardian c. She must be of good reputation. confidence or relationship reputation. single or widow. 339 187 . persons in public authority b. priest b. consent of the offended party586 b. b.

342 Sexual intercourse is not necessary Crimes against chastity where age and reputation of victim are immaterial: rape. b. c. confidence. regardless of her age. after solicitation or cajolery from the offender. Corruption of minors587 Promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another a. civil status. 340 Art. relationship. Enlisting the servicxe of women for the purpose of prostitution. Offender accomplishes the acts by abuse of authority. or deceit. Consented abduction590 a. qualified seduction of sister/descendant. under 18 years of age but over 12 years. or a sister or descendant regardless of her reputation or age. Engaging in the business of prostitution b. Offended party must be a virgin. The taking away of the offended party must be with her consent. or reputation. She must be over 12 and under 18 years of age. Profiting by prostitution c. The taking away of the offended party must be with lewd designs White slave trade588 587 588 Art. The abduction is with lewd designs. 343 188 . 341 589 Art. forcible abduction 590 Art. The abduction is against her will. b. The person abducted is any woman. Forcible abduction589 a. c. c.single or widow of good reputation. acts of lasciviousness.

other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies594 591 Art. Civil liability of persons guilty of rape. unless the law should prevent him from doing so 3. offended party b. rape592 or acts of lasciviousness must be prosecuted upon complaint filed by: a.Adultery. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. accessories-after-the-fact. To idemnify the offended women 2. Seduction. 346. abduction. 2 par) 593 Art. grandparents d. This applies as well to the accomplices. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. But marriages must be in good faith. abduction rape and acts of lasciviousness591 1. 266-C. concubinage. guardians in the order in which they are named above. her parents c. seduction. To acknowledge the offspring. In every case to support the offspring Liability of ascendants. see Reference 189 . This rule does not apply in case of multiple rape 592 nd Not included (see Art. seduction or abduction593 1. 345 594 Art.

public area. Special Protection of Children Against Child Abuse. or cause to be published or broadcast. such photo or video or recording of sexual act.a. (c) To sell or distribute. 9995 R. (b) To copy or reproduce. Anti-Photo and Video Voyeurism Act of 2009595 i) Punishable acts (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. the following: (1) Acting as a procurer of a child prostitute. but are not limited to. (3) Taking advantage of influence or relationship to procure a child as prostitute. or to cause to be copied or reproduced. b. facilitate or induce child prostitution which include. The prohibition under paragraphs (b).A. or cause to be sold or distributed. cellular phones and other similar means or device.A. and Discrimination Act 596 i) Child prostitution and other acts of abuse a) Punishable acts (a) Those who engage in or promote. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. Exploitation. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. whether it be the original copy or reproduction thereof. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. 595 596 R. internet. such photo or video or recording of sexual act or any similar activity with or without consideration. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. 7610. whether in print or broadcast media. or (d) To publish or broadcast. as amended 190 .

RPC and RA 7610.598 b) Compare prosecution for Acts of Lasciviousness under Art.(4) Threatening or using violence towards a child to engage him as a prostitute. Ascendant or collateral relative within the third degree of consanguinity. disco.A. resort. 599 in the order in which they are named 191 . as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. Parents or guardians. bar. Officer. That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. 366. offended party. 5. paragraph 3. for rape and Article 336 of Act No. grandparents. 3. 2. whether as manager or owner of the establishment where the prostitution takes place. as amended. or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. 2. or 7. 4.597 and (c) Those who derive profit or advantage therefrom. for rape or lascivious conduct. 598 Sec. or of the sauna. the Revised Penal Code. 3. 4. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. 6. as the case may be: Provided. Offended party. 3815. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: 1. Barangay chairman. Officer or social worker of the Department of Social Welfare and Development.600 597 When the victims is under twelve (12) years of age. her parents. the perpetrators shall be prosecuted under Article 335. guardians599 Under R. At least three (3) concerned responsible citizens where the violation occurred. social worker or representative of a licensed child-caring institution. 5. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

selling. profit. any person or.ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire. pornography. for the purpose of prostitution. slavery. for the purpose of acquiring. transport. provide. or trading them to engage in prostitution. scene. (b) To introduce or match for money.A. or receive a person by any means. subject or seller/distributor is below twelve (12) years of age. real or simulated. involuntary servitude or debt bondage. 9208 192 . employ. offering. for marriage for the purpose of acquiring. slavery. Any ascendant. or material. buying. any Filipino woman to a foreign national. sexual exploitation. the penalty shall be imposed in its maximum period. pornography. 9 602 R. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. including those done under the pretext of domestic or overseas employment or training or apprenticeship. (e) To maintain or hire a person to engage in prostitution or pornography. pornography. use. 6955. 600 601 Sec. to commit any of the following acts: (a) To recruit. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. Anti-Trafficking in Persons Act of 2003602 i) Punishable acts It shall be unlawful for any person. guardian. buying.601 c. act. involuntary servitude or debt bondage. transfer. forced labor or slavery. persuade. involuntary servitude or debt bondage. selling or trading him/her to engage in prostitution. whether live or in video. as provided for under Republic Act No. 27 Sec. forced labor. economic or other consideration. (c) To offer or contract marriage. harbor. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. offering. forced labor. (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. sexual exploitation. If the child used as a performer. sexual exploitation. natural or juridical. pornography or sexual exploitation. induce or coerce a child to perform in obscene exhibitions and indecent shows.

or cause the advertisement. sexual exploitation. forced labor. assist or help in the exit and entry of persons from/to the country at international and local airports. broadcast or distribute. deceit. publication. (e) To facilitate. by means of threat or use of force. flyer. 4) Acts that Promote Trafficking in Persons (Sec. print and issue or distribute unissued. or intimidation for the purpose of removal or sale of organs of said person. (b) To produce. coercion. shall be unlawful: (a) To knowingly lease or sublease. hire. (f) To confiscate. forced labor. printing. or slavery. transport or adopt a child to engage in armed activities in the Philippines or abroad. or any propaganda material that promotes trafficking in persons.(f) To adopt or facilitate the adoption of persons for the purpose of prostitution. print. building or establishment for the purpose of promoting trafficking in persons. of any brochure. violence. adopt. involuntary servitude or debt bondage. territorial boundaries and seaports who are in possession of unissued. pornography. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons. fraud. financial or otherwise. (c) To advertise.603 The following acts which promote or facilitate trafficking in persons. or destroy the passport. publish. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. and (g) To knowingly benefit from. including the use of information technology and the internet. tampered or fake counseling certificates. or make use of. travel documents. 5) 193 . or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies. (g) To recruit. conceal. transport or abduct a person. and (h) To recruit. slavery. broadcasting or distribution by any means. use or allow to be used any house. the labor or services of a person held to a condition of involuntary servitude.604 603 604 Acts of Trafficking in Persons (Sec.

The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale.605 (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).606

605

Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; 606 Qualified Trafficking in Persons (Sec. 6)

194

d. Anti-Violence against Women and their Children Act of 2004607 i) Punishable acts (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; right; (3) Depriving or threatening to deprive the woman or her child of a legal

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

607

R.A. 9262

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(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.608 e. Anti-Sexual Harassment Act of 1995609 i) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

608 609

Sec. 5 R.A. 7877

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(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.610

610

Sec. 3

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349 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 198 . d. Substitution of one child for another 3. or the parental or conjugal rights of another. The offender has the intent to cause the child to lose its civil status 612 Elements of Simulation of Birth 613 Art. Committed by asuming the filiation. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. and birth as hers concealment or abandonment of a legitimate child611 b. Simulation of births 2. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation. substitution a. Child loses its real status and acquiires a new one c. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. b. Child is baptized or registered in the Registry of of one child for another. The offender conceals or abandons such child 3. Offender has been legally married. 347 Acts Punished: 1. Bigamy614 a. The child must be legitimate 2. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs.612 Usurpation of civil status613 a. c. Crimes Against Civil Status Crimes Elements Simulation of births. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. 348 614 Art. 611 Art.12.

d. the marriage was in disregard of a legal impediment. in case his or her spouse is absent. He contracts a second or subsequent marriage. Marriage contracted provisions of laws615 against a. The marriage has not been legally dissolved or. Performance of any illegal marriage ceremony by a ceremony617 priest or minister of any religious denomination or sect or by civil authorities There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage st Failure to exercise due diligence to ascertain the whereabouts of the 1 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 One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice 615 Art. b. Premature marriage616 a. intimidation or fraud 616 Art. the absent spouse could not yet be presumed dead according to the civil code.b. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence. 351 617 Art. married before her delivery or within 301 days after the legal separation. or 2. 352 199 . c. if she was pregnant at the time of his death b. The second or subsequent marriage has all the essential requisites for validity. got married or before her delivery. Offender contracted marriage. Performance of illegal marriage a. the requirement of the law were not complied with. A widow who within 301 days from death of husband. He knew at the time that 1. A woman whose marriage having been dissolved or annulled.

354) Kinds of privileged communication: a. real or imaginary or any act. There must be an imputation of a crime. 360) a. If not named it must be shown that the description of the person referred to in the defamatory publication rd was sufficiently clear so that at least a 3 person would have identified the plaintiff. 353 Libel is a public and malicious imputation of a crime. Author or editor of a book or pamphlet c. status or circumstances tending to cause the dishonor. Absolutely privileged – not actionable even if the actor has acted in bad faith b. or are sufficient to impeach their honesty. Editor or business manager of a daily newspaper magazine or serial publication d.city/province where the article is printed and 1st published b. where the libelous article is printed and 1st published or b. Private communication in performance of legal. exhibits or causes the publication or exhibition of any defamation in writing or similar means. Exception: a. condition. Requirement of publicity (Art.13. moral or social duty b. without any comments and remarks Persons responsible for Libel (Art. (b) malice in fact Malice is presumed to exist in injurious publications 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. Crimes Against Honor Crimes Libel618 618 Elements a. or of a Art. Fair and true report. or to blacken the memory of one who is dead Kinds of malice: (a) malice in law. b. discredit or contempt of a natural or juridical person. if no good intention and justifiable motive for making it is shown. A person who publishes. 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 to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. Otherwise . 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. made in good faith. There are as many crimes as there are persons defamed. 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) Venue of criminal and civil action for damages in cases of written defamation: a.RTC of Manila or .RTC of the city/province where he held office at the time of offense or 200 . if his office is in the City of Manila . where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. virtue or reputation. commission. or a vice or defect. To presume publication there must be a reasonable probability that the alleged a libelous matter was rd thereby exposed to be read or seen by 3 persons.

He wrote to the BOD and to Marquez. b.621 offer to prevent such publication for a compensation620 Prohibited publication of acts a. virtue and reputation of said person. such character was lost when it was published (Lacsa v. Threatening to publish libel and Clearly. or one who is dead. written out of a duty of an officer towards the members. 356 621 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356). real or imaginary. radio phonograph. The imputation must tend to cause the dishonor. . e. lithography. just a case of blackmail. c. painting. 622 Art. Such facts are offensive to the honor. He caused to publish the second letter. Libel by means of writing or Enumerates the means by which libel may be similar means619 committed: writing. He publishes facts connected with the private life of another. daily or magazine.where the article is 1st published Where one of the offended parties is a private individual: . discredit or contempt of the person defamed. or circumstances. Granting that the letter was privileged communication. proceedings622 b.RTC of province/city where he actually resides at the time of the crime . IAC) 201 .where article was printed or 1st published 619 Art. HELD: Letter is not privileged communication. theatrical or cinematographic exhibitions or any similar means. c. it must be free from malice. condition. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. or any act. 357 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. It must be malicious. To be classified as such. The imputation must be directed at a natural or juridical person.vice or defect. printing. Offender is a reporter. engraving. omission. d. The imputation must be made publicly. 355 620 Art. editor or manager of a referred to in the course of official newspaper. status.

Incriminating innocent person627 a. planting evidence This article is limited to planting evidence and the like 202 . making a statement which is i. c. Such act is performed in the presence of other person or persons. 363. Such act he directly incriminates or imputes to an innocent person the commission of a crime. 627 Art. 359 Libelous remarks (Art. b. Offender performs any act not included in any other crime against honor. etc. oral defamation is committed Seriousness depends on the social standing of offended party. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. Such act does not constitute perjury. action of a serious and insulting nature624 b. the occasion. perjurious b. Such act casts dishonor. Two (2) Kinds: a. b.Oral defamation/slander623 a. This article is a limitation to the defense of privileged communication. light insult or defamation – not serious in nature625 Slander by deed626 a. defamatory or ii. discredit or contempt upon the offended party. 623 Art. the circumstances surrounding the act. 624 grave slander 625 simple slander 626 Art. 358 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 Words uttered in the heat of anger constitute light oral defamation If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant. c. Offender performs an act.

determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. if said to the person himself it is slander 629 under Art. or otherwise be contrary to the imperative of justice. and taking into consideration the peculiar circumstances of each case. Committed by saying to others an unattributable thing. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel. 355 of the RPC 203 . work violence on the social order. in the exercise of sound discretion. a. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. Should only a fine be imposed and the accused be unable to pay the fine. there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment.629 The Judges concerned may.Intriguing against honor628 Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. 628 Art.

14. Criminal Negligence Reckless imprudence630 a. Offender does or fails to do an act. b. The doing of or the failure to do that act is voluntary. c. Without malice. d. Material damage results. e. There is inexcusable lack of precaution on the part of the offender, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and 3. other circumstances regarding persons, time and place. Simple imprudence631 a. There is lack of precaution on the part of the offender. b. The damage impending to be caused in not immediate or the danger is not clearly manifest.

630 631

Art. 365 ibid. Art.64 on mitigating and aggravating circumstances not applicable. Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Contributory negligence—not a defense, only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not 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 ruleAn 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.

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II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January 31, 2012. III. Excluded Topics A. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. B. Penalties of Specific Crimes.

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REFERENCE
Revised Penal Code
Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere, its interior waters and Maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.) 5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation of neutrality) Art. 10. Offenses not subject to the provisions of this code. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Article 11. Justifying circumstances. - The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression; Second. Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation on the part of the person defending himself. 2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. 206

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actual exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of article 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or person mentioned in said article 80. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who acts under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

207

or in a place dedicated to religious worship. That the crime be committed in the palace of the Chief Executive. 208 . . or sex. That advantage be taken by the offender of his public position. 10. blind or otherwise suffering some physical defect which thus restricts his means of action. or where public authorities are engaged in the discharge of their duties. .The following are mitigating circumstances: 1. That the crime be committed in contempt of or with insult to the public authorities. if the latter has not given provocation. That the offender had no intention to commit so grave a wrong as that committed. 4. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. defense. or in his presence. 2. That the offender is deaf and dumb. And. ascendants. Those mentioned in the preceding chapter. 5. 3. That the offender is under eighteen years of age or over seventy years. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse. finally. 5. legitimate. 8. age. In the case of the minor. any other circumstance of a similar nature and analogous to those above mentioned. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the act be committed with abuse of confidence or obvious ungratefulness. Article 14. 9. 4. 6. That sufficient provocation or threat on the part of the offended party immediately preceded the act.Article 13. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank. or that it be committed in the dwelling of the offended party. 7. 2.The following are aggravating circumstances: 1. 3. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. Aggravating circumstances. natural or adopted brothers or sisters or relatives by affinity within the same degrees. descendants. Mitigating circumstances. or communication with his fellow beings. he shall be proceeded against in accordance with the provisions of article 80. That the offender had voluntarily surrendered himself to a person in authority or his agents.

or forms in the execution thereof which tend directly and specially to insure its execution. it shall be deemed to have been committed by a band. 11. derailment of a locomotive.6. There is treachery when the offender commits any of the crimes against the person. That the crime be committed after an unlawful entry. That as a means to the commission of a crime a wall. 9. That craft. or promise. or disguise be employed. 17. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. 16. fire. 18. at the time of his trial for one crime. epidemic. That advantage be taken of superior strength. stranding of a vessel or intentional damage thereto. or means be employed to weaken the defense. 10. 13. shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. or in an uninhabited place. 8. That the crime be committed by means of inundation. That the act be committed with evident premeditation. That the crime be committed in consideration of a price. 12. methods. 15. 19. or by a band. employing means. That the crime be committed on the occasion of a conflagration. poison. without risk to himself arising from the defense which the offended party might make. explosion. That the act be committed with treachery (alevosia). That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. door. shipwreck. 209 . That means be employed or circumstances brought about which add ignominy to the natural effects of the act. or by the use of any other artifice involving great waste and ruin. reward. That the crime be committed in the nighttime. 7. A recidivist is one who. fraud. 14. earthquake. roof. floor. That the accused is a recidivist. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Whenever more than three armed malefactors shall have acted together in the commission of an offense. or window be broken. or other calamity or misfortune. whenever such circumstances may facilitate the commission of the offense.

— Accessories are those who. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse. By harboring. Art. natural. provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. Article 17. it shall be considered as an aggravating circumstance.20. airships. 1968. . motorized watercraft. 19. either as principals or accomplices. Principals. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. ascendant. murder. Their concept. approved Sept. if the same is not habitual or subsequent to the plan to commit said felony. and without having participated therein. (As amended by Rep. 3. Article 15. 2. for crimes or offenses punishable by light 210 . or adopted brother or sister. Act No. Accomplices.) 21. 2. or an attempt to take the life of the Chief Executive. or is known to be habitually guilty of some other crime. or the effects or instruments thereof. By profiting themselves or assisting the offender to profit by the effects of the crime. . having knowledge of the commission of the crime. legitimate. 9. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication.Accessories.Accomplices are those persons who. . or other similar means. By concealing or destroying the body of the crime. cooperate in the execution of the offense by previous or simultaneous acts. Those who directly force or induce others to commit it. not being included in article 17. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles. or assisting in the escape of the principals of the crime. 5438. take part subsequent to its commission in any of the following manners: 1. concealing. intoxication and the degree of instruction and education of the offender. 3.The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours. in order to prevent its discovery. but when the intoxication is habitual or intentional. Article 125. parricide.Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.The following are considered principals: 1. . descendant. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Those who take a direct part in the execution of the act. Delay in the delivery of detained persons to the proper judicial authorities. They are the relationship. or relative by affinity in the same degrees of the offender. Article 18.

to communicate and confer at any time with his attorney or counsel. guardians. and any other person guilty of corruption of minors for the benefit of another. Art. for crimes or offenses punishable by correctional penalties. shall be punished as principals. In every case. 346. Evidence adduced in support of the discharge shall automatically form part of the trial. — When two or more persons are jointly charged with the commission of any offense.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth. 211 . 247. having surprised his spouse in the act of committing sexual intercourse with another person. by abuse of authority or confidential relationships. second. curators. 17. shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. teachers and any person who. except the testimony of said accused. or other persons entrusted with the custody of the offended party.penalties. or their equivalent. If the court denies the motion for discharge of the accused as state witness. Death or physical injuries inflicted under exceptional circumstances. the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when. . after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge. shall kill any of them or both of them in the act or immediately thereafter. Revised Rules of Criminal Procedure Sec. upon motion of the prosecution before resting its case. (c) The testimony of said accused can be substantially corroborated in its material points. of this title. his sworn statement shall be inadmissible in evidence. eighteen (18) hours. or shall inflict upon them any serious physical injury. Any legally married person who. shall suffer the penalty of destierro. shall be punished by special disqualification from filling the office of guardian. for crimes or offenses punishable by afflictive or capital penalties. Discharge of accused to be state witness. (b) The is no other direct evidence available for the proper prosecution of the offense committed. and thirty-six (36) hours. — The ascendants. Liability of ascendants. or their equivalent. the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested. third and fourth. (d) Said accused does not appear to be the most guilty. Art. . guardians. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. teachers. shall cooperate as accomplices in the perpetration of the crimes embraced in chapters. Any person falling within the terms of this article. or their equivalent. and (e) Said accused has not at any time been convicted of any offense involving moral turpitude.

Delivery. trade. or manufacture with intent to deliver equipment. xx Section 11.00) to Five hundred thousand pesos (P500. Manufacture or Delivery of Equipment.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. regardless of the quantity and purity involved. shall engage in the manufacture of any dangerous drug.000. dive or resort.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.00) to Ten million pesos (P10. unless authorized by law. dive or resort where any dangerous drug is used or sold in any form.000. Maintenance of a Den.00) shall be imposed upon any person. Employees and Visitors of a Den.000. Instrument. compound.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000.000. knowing. store. . and (b) Any person who. shall possess any dangerous drug in the following quantities.000.00) shall be imposed upon any person.000. who. Possession of Dangerous Drugs. who.000. process.The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. cultivate.000. possess with intent to deliver. . Xxx Section 7. test. Xxx +Section 10. pack. who. unless authorized by law. unless authorized by law.000.000. produce. manufacture.000. who.The Comprehensive Dangerous Drugs Act of 2002 +Section 4. distribute dispatch in transit or transport any dangerous drug.000. is aware of the nature of the place as such and shall knowingly visit the same +Section 8. prepare. deliver.00) shall be imposed upon any person. who is aware of the nature of the place as such. .000. shall import or bring into the Philippines any dangerous drug.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. apparatus and other paraphernalia for dangerous drugs. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500. xxx +Section 5. Dispensation. decorative and culinary purposes. instrument.00) to Ten million pesos (P10.00) to Ten million pesos (P10. including any and all species of opium poppy regardless of the quantity and purity involved. Administration. that it will be used to plant. not being included in the provisions of the next preceding.000. give away to another. propagate.000. Sale. convert. regardless of the degree of purity thereof: (1) 10 grams or more of opium. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. dispense.00) shall be imposed upon any person who shall deliver. unless authorized by law. shall sell. 212 .00) shall be imposed upon: (a) Any employee of a den.00) to Ten million pesos (P10. . and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. analyze. grow.. Dive or Resort. paragraph. Apparatus. harvest. .00) to Five hundred thousand pesos (P500.00) shall be imposed upon any person.00) shall be imposed upon any person or group of persons who shall maintain a den. xxx +Section 6. or under circumstances where one reasonably should know. . Trading.000.000. or shall act as a broker in any of such transactions.000. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. administer. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Dive or Resort.00) to Ten million pesos (P10. (2) 10 grams or more of morphine. repack.

apparatus and other paraphernalia in the practice of their profession. Possession of Equipment. who shall possess or have under his/her control any equipment. Social Gatherings or Meetings.00) to Fifty thousand pesos (P50. gamma hydroxyamphetamine (GHB). . ingesting. subject to the provisions of Article VIII of this Act. after a confirmatory test. Section 14. opium poppy or any other plant regardless of quantity.00) shall be imposed upon any person. apparatus and other paraphernalia fit or intended for smoking. apparatus and other paraphernalia fit or intended for smoking. or introducing any dangerous drug into the body. the Board shall prescribe the necessary implementing guidelines thereof. apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense.000. + Section 16. or introducing any dangerous drug into the body: Provided. If apprehended using any dangerous drug for the second time. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.00) to Two hundred thousand pesos (P200. Article XI of this Act. injecting. lysergic acid diethylamine (LSD). without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements.000. shall possess or have under his/her control any equipment. which is 213 .00) to Ten million pesos (P10. instrument. who is found to be positive for use of any dangerous drug. – Any person found possessing any dangerous drug during a party. That in the case of medical practitioners and various professionals who are required to carry such equipment. consumed. in which case the provisions stated therein shall apply. (5) 50 grams or more of methamphetamine hydrochloride or "shabu". Possession of Equipment. The possession of such equipment.00): Provided. consuming. trimethoxyamphetamine (TMA). administering. but not limited to. cultivate or culture marijuana. That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act. ingesting. injected. or at a social gathering or meeting. social gatherings or meetings. who shall plant. as determined and promulgated by the Board in accordance to Section 93. methylenedioxymethamphetamine (MDA) or "ecstasy". unless authorized by law. (6) 10 grams or more of marijuana resin or marijuana resin oil. (7) 500 grams or more of marijuana. shall suffer the maximum penalties provided for in Section 11 of this Act.000. regardless of the quantity and purity of such dangerous drugs. administering. . – A person apprehended or arrested. instrument. (4) 10 grams or more of cocaine or cocaine hydrochloride. Use of Dangerous Drugs. injecting. ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. or in the proximate company of at least two (2) persons. Apparatus and Other Paraphernalia for Dangerous Drugs.000. paramethoxyamphetamine (PMA). +Section 13. during parties.000. or in the proximate company of at least two (2) persons. who. xxx Section 12. instrument. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties.000.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000. Instrument. Section 15.The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person. and those similarly designed or newly introduced drugs and their derivatives. and (8) 10 grams or more of other dangerous drugs such as. administered to himself/herself. he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50. Possession of Dangerous Drugs During Parties. consuming.(3) 10 grams or more of heroin. Social Gatherings or Meetings.00) shall be imposed upon any person. Instrument. instrument.

through its Secretary.000. harassed or corrupted to prevent him from testifying. who. or for the creation of new types of medicine. Unlawful Prescription of Dangerous Drugs.00) shall be imposed upon any person. That in the case of medical laboratories and medical research centers which cultivate or culture marijuana. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. or before any investigating authority. or its equivalent under special laws.or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided. shall formulate and implement a "Witness Protection.000. because or on account of his testimony. or materials of such dangerous drugs for medical experiments and research purposes.This Act shall be known as the "Witness Protection. Name of Act. . . 6981) Section 1.000. office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance. Security and Benefit Act". intimidated. culture. bureau.Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body. AN ACT PROVIDING FOR A WITNESS PROTECTION. pursuant to and consistent with the provisions of this Act. may be admitted into the Program: Provided. or evasively. The Department may call upon any department. c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed. That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code. and 214 . opium poppy and other plants. Admission into the Program.The Department of Justice. SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No. experimentation and disposal of such plants and materials.00) to Ten million pesos (P10. Section 3. hereinafter referred to as the Department. Implementation of Program. the Board shall prescribe the necessary implementing guidelines for the proper cultivation. unless authorized by law. forced. Security and Benefit Program". . hereinafter referred to as the Program. Section 19.lawphi1Ÿ b) his testimony can be substantially corroborated in its material points. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. Section 2. or to testify falsely. handling.

Memorandum of Agreement With the Person to be Protected. may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor: Provided.Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided.1awphi1© Section 6. even if he would be testifying against the other law enforcement officers. and thereafter issue the proper certification. stating therein the reason for such termination. . Witness in Legislative Investigations. 215 .All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature.In case of legislative investigations in aid of legislation. is convinced that the requirements of this Act and its implementing rules and regulations have been complied with. In such a case. e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act. Section 4. For purposes of this Act. as the case may be.d) he is not a law enforcement officer. a witness. any such person admitted to the Program shall be known as the Witness.lawphi1Ÿ c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act.Before a person is provided protection under this Act. with his express consent. the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act. and f) to regularly inform the appropriate program official of his current activities and address. Breach of the Memorandum of Agreement. b) to avoid the commission of the crime. That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives. Section 5. after examination of said applicant and other relevant facts. . If the Department. Confidentiality of Proceedings. only the immediate members of his family may avail themselves of the protection provided for under this Act. That before terminating such protection. require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime. d) to comply with legal obligations and civil judgments against him. . he shall first execute a memorandum of agreement which shall set forth his responsibilities including: a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in the offense charged. it shall admit said applicant to the Program. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. however. . Section 7.

Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program. or private school. body or authority where his testimony is required. (e) To be provided with free medical treatment. within a period of thirty (30) days from the date when the Witness last reported for work: Provided. in going thereto and in coming therefrom: Provided. because of his participation in the Program. his minor or dependent children shall be entitled to free education. further.000. Rights and Benefits. the judicial or quasi-judicial body.In any case where a Witness admitted into the Program shall testify.Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. . intimidation or harassment disappears or is reduced to a manageable or tolerable level. (b) The Department shall. whenever practicable. the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment. This provision shall be applicable to both government and private employees. or investigating authority shall assure a speedy 216 . Section 9. as long as they shall have qualified thereto. Section 8. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. (g) In case of death or permanent incapacity. or at any such institution at the expense of the Program. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. as well as conferences and interviews with prosecutors or investigating officers. That his employer is notified through a certification issued by the Department.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. . For purposes of this Act. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial body or investigating authority. assist the Witness in obtaining a means of livelihood.The witness shall have the following rights and benefits: (a) To have a secure housing facility until he has testified or until the threat. (d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court. hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital. clinic. his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10. Speedy Hearing or Trial. (f) If a Witness is killed. any fraction of a day shall constitute a full day salary or wage. from primary to college level in any state. college or university as may be determined by the Department. the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program. That in the case of prolonged transfer or permanent relocation. When the circumstances warrant. including legislative investigations in aid of legislation.

so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. The Court shall order the discharge and exclusion of the said accused from the information. the Department is satisfied that the requirements of this Act and its implementing rules are complied with. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. State Witness. . Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof. if qualified as determined in this Act and by the Department. and (f) he has not at any time been convicted of any crime involving moral turpitude. Effect of Admission of a State Witness into the Program. Nothing in this Act shall prevent the discharge of an accused. to petition the court for his discharge in order that he can utilized as a State Witness. (e) he does not appear to be most guilty. Section 11. except for impeachment purposes.Any person who has participated in the commission of a crime and desires to be a witness for the State. Section 10.The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein. said sworn statement and any other testimony given in support of said application shall not be admissible in evidence. . shall be admitted into the Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws. 217 . Section 12. (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points. it may admit such person into the Program and issue the corresponding certification. . can apply and.hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. his sworn statement and other relevant facts. If after said examination of said person.Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. If his application for admission is denied. (b) there is absolute necessity for his testimony. Sworn Statement.

. he shall be liable to prosecution for perjury. documents.No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. as determined in a hearing by the proper court.Any person who harasses a Witness and thereby hinders.Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so. .Section 13. Section 17. records. In case of refusal of said Witness to testify or give evidence or produce books.In all criminal cases. and the court shall issue the proper order. Failure or Refusal of the Witness to Testify. or violates any condition accompanying such immunity without just cause. matter or thing concerning his compelled testimony or books. . however. or writings. Moreover. If a State Witness fails or refuses to testify. and writings described. shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify. prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority. and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation. The court. . on the ground of the right against self-incrimination. shall be prosecuted for contempt. If he testifies falsely or evasively. records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction. documents. delays. Perjury or Contempt. . Section 14. upon motion of the state prosecutor or investigator. or testifies falsely or evasively. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment. Section 15. the enjoyment of all rights and benefits under this Act shall be deemed terminated. records and writings produced. shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence. his immunity shall be removed and he shall be subject to contempt or criminal prosecution. documents. he. purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. records. Section 16. with the prior approval of the department. The Witness may.Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books. The penalty next higher in degree shall be imposed in case of conviction for perjury. Credibility of Witness. Penalty for Harassment of Witness. 218 . documents. give evidence or produce the books. Compelled Testimony.

instead of pronouncing judgment of conviction. including any civil liability chargeable against him. or for a shorter period as the court may deem proper. However.The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof. the court shall determine the imposable penalty.(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense. (c) seeking the arrest of another person in connection with the offense.The amount of Ten million pesos (P10.This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation. or release pending judicial proceedings. or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age. other funding schemes or sources. may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare. upon application of the youthful offender if it finds that the best interest of the public as well as that of the offender will be served thereby. Section 22. after considering the reports and recommendations of the Department of Social Welfare or the government training institution or 219 . . decrees. parole. The Child and Youth Welfare Code.000. the court. Said rules and regulations shall be published in two (2) newspapers of general circulation.000. Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused. . rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. Suspension of Sentence and Commitment of Youthful Offender.000. 1179 Art. executive issuances. Rules and Regulations. Repealing Clause. and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. or a proceeding for the revocation of a parole or probation. . (d) causing a criminal prosecution. 192. Effectivity.All laws. Section 19. Section 21. Presidential Decree No. Section 20. 603. or both.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act. . subject to the limitations of the law. Funding. or a violation of conditions or probation.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year. If after hearing the evidence in the proper proceedings.The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. . or (e) performing and enjoying the rights and benefits under this Act or attempts to do so. Section 18. as amended by Presidential Decree No. shall be fined not more than Three thousand pesos (P3. shall be allowed in furtherance hereof. Furthermore. the court should find that the youthful offender has committed the acts charged against him. Separability Clause.

Eight Thousand One Hundred Seventy-Seven (R. 9344) Section 20. or refer the child to prevention programs as provided under this Act.A. the following shall be imposed. Seven Thousand Six Hundred Fifty-Nine (R. or in the absence thereof. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned. the DSWD. Upon receipt of the application of the youthful offender for suspension of his sentence. SEC.known as "The Child and Youth Welfare Code". or if they refuse to take custody. 220 . Children Below the Age of Criminal Responsibility. insofar as they impose the death penalty are hereby repealed or amended accordingly. Juvenile Justice and Welfare Act of 2006 (R. a local social welfare and development officer.The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment. unless it is contrary to the best interest of the child. Such officer. otherwise known as the Death Penalty Law. cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Accordingly. or when and where appropriate. Republic Act No. (a) the penalty of reclusion perpetua. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. . Act Prohibiting the Imposition of Death Penalty in the Philippines (R. In lieu of the death penalty. upon thorough assessment of the child. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. No. the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian. 64. SEC. 2.If it has been determined that the child taken into custody is fifteen (15) years old or below. Republic Act No. the child's nearest relative.A. If the parents. or (b) the penalty of life imprisonment. No. otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Children in Conflict with the Law Fifteen (15) Years Old and Below. 8177).A. 7659). executive orders and decrees. 9346) SECTION 1. the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. the child may be released to any of the following: a duly registered nongovernmental or religious organization. shall determine whether to release the child to the custody of his/her parents. and all other laws. . Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released. 603. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe. the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. neglected or abused by his parents. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. otherwise .Upon effectivity of this Act.responsible person under whose care he has been committed. guardians or nearest relatives cannot be located. or in the event that the parents will not comply with the prevention program.A. The imposition of the penalty of death is hereby prohibited. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC).

Person convicted of offenses punished with reclusion perpetua. assets. city. listen to. regional trial court. intercept and record. or whose sentences will be reduced to reclusion perpetua. however. doctors and patients. discussion. Sundays. Provided. (2) of a judicially declared and outlawed terrorist organization. 19. conspiracy to commit terrorism. SEC. by reason of this Act. holidays or after office hours. shall not be eligible for parole under Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding. ordered by and served with the written order of the Court of Appeals. SEC. provincial or regional official of a Human Rights Commission or judge of the municipal. shall be released immediately. Article VII of the Constitutions. 3. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. . and (b) gather or cause the gathering of any relevant information about such deposits.A. 1405 as amended. as amended. . the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. association. to the contrary notwithstanding. message. 4. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. That nothing herein shall limit the power of the President to grant executive clemency under Section 19. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. 7. and (3) of a member of such judicially declared and outlawed organization. or cause the examination of. Provided. Accounts. 4180. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. or group of persons. SEC. and records from a bank or financial institution. trust accounts. Judicial Authorization Required to Examine Bank Deposits.The provisions of Republic Act No. association. That surveillance. trust accounts. placements. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. placements. That within three days after the detention the suspects. -The provisions of Republic Act No. however. or group of persons. interception and recording of communications between lawyers and clients. If the arrest is made during Saturdays. 221 . The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided. The bank or financial institution concerned. the deposits. whose connection with the terror attack or threat is not established. assets and records in a bank or financial institution. association. form. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon. Human Security Act of 2007 (R.SEC. when so. with the use of any mode.In the event of an actual or imminent terrorist attack. and Records. conversation. any communication. upon a written order of the Court of Appeals. a police or law enforcement official and the members of his team may. 9372) SEC. suspects may not be detained for more than three days without the written approval of a municipal. or with the use of any other suitable ways and means for that purpose. or spoken or written words between members of a judicially declared and outlawed terrorist organization. journalists and their sources and confidential business correspondence shall not be authorized. otherwise known as the Indeterminate Sentence Law. 27. Surveillance of Suspects and Interception and Recording of Communications. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. shall not refuse to allow such examination or to provide the desired information.

. People of the Philippines (G. 1. Blg.P. 22) ADMINISTRATIVE CIRCULAR NO. 130038. we believe that a fine in an amount equal to double the amount of the check involved is an appropriate penalty to impose on each of the petitioners. referred to and approved by the Supreme Court en banc. 664) the Supreme Court (Second Division) per Mr. BLG. namely.Bouncing Checks Law (B. Blg. the Court said: Petitioners are first-time offenders. 2001 RE : PENALTY FOR VIOLATION OF B. 22. In justification thereof. v. Court of Appeals (G. the Supreme Court en banc. This Administrative Circular.‖ All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check. which fine shall in no case exceed P200. par. In this case.P. In the recent case of Rosa Lim v. 222 . 298 SCRA 656. modified the sentence imposed for violation of B. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1. they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term.P. believing in all good faith.000. P200. Blg.P. Blg. they brought this appeal. although mistakenly that they had not committed a violation of B. 18 September 2000). 22. 16 November 1998.e.P. Otherwise. 22.000. the same philosophy underlying the Indeterminate Sentence Law is observed. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the check. R. They are Filipino entrepreneurs who presumably contribute to the national economy. No. Apparently. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. No. 131714. 22 Section 1 of B.R. i. applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B. In its decision in Eduardo Vaca. and concluded that ―such would best serve the ends of criminal justice.P. Justice V. shall take effect upon its issuance. 12-2000 February 21. that of redeeming valuable human material and preventing unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the social order. Mendoza. Blg. or both such fine and imprisonment at the discretion of the court.

the imposition of a fine alone should be considered as the more appropriate penalty. queries have been made regarding the authority of Judges to: 1. 298 SCRA 656) and Rosa Lim v.P. Blg. 13-2001 February 14. is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No.P. understood that: 1. in the exercise of sound discretion. Blg. In particular. and 2. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. 22. Blg. 22. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B. The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B. No. 223 . 12-2000 establishes a rule of preference in the application of the penal provisions of B. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. 2. Administrative Circular No. No. Needless to say. Blg. The issuance of this Administrative Circular was authorized by the Court En Banc in A. Neither does it defeat the legislative intent behind the law. work violence on the social order. 22. 2001. 12-2000 is not to remove imprisonment as an alternative penalty. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B. It is. 22. 12-2000 adopted the rulings in Eduardo Vaca v. TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. and taking into consideration the peculiar circumstances of each case. No. People of the Philippines (G.P. 131714.ADMINISTRATIVE CIRCULAR NO. Blg. Court of Appeals (G. without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B.R. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. therefore. 00-11-01-SC at its session of 13 February 2001. The clear tenor and intention of Administrative Circular No. Blg. 16 November 1998.P. 22. Thus. 22. 3. Should the Judge decide that imprisonment is the more appropriate penalty. 22.P. but to lay down a rule of preference in the application of the penalties provided for in B. The Judges concerned may. determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. Should only a fine be imposed and the accused be unable to pay the fine. there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment.P. Administrative Circular No. 130038. OTHERWISE KNOWN AS THE BOUNCING CHECK LAW. or otherwise be contrary to the imperatives of justice.M.R. 12-2000 ought not be deemed a hindrance.

224 .

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