Professional Documents
Culture Documents
TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
Article 114
• ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either –
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
e. Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy
• Ways of proving treason:
a. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because
the law requires that 2 witnesses see the SAME OVERT ACT.
b. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still
confess in open court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
• Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.
• Evident premeditation, superior strength and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
• Treason cannot be committed in times of peace, only in times of war – actual
hostilities. But no need for declaration of war
• Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)
Not Treasonous:
a. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
b. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
c. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials – not treason
On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
b. Only Filipino citizens or permanent resident aliens can be held liable
c. 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.
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Article 115
CONSPIRACY TO COMMIT TREASON
• ELEMENTS:
a. In time of war
b. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
c. They decide to commit it
• ELEMENTS OF PROPOSAL TO COMMIT TREASON
a. In time of war
b. A person who has decided to levy war against the government, or to
adhere to the enemies and to give them aid or comfort, proposes its
execution to some other person/s.
• Mere agreement and decisions to commit treason is punishable
• Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.
Article 116
MISPRISION OF TREASON
• ELEMENTS:
a. That the offender must be owing allegiance to the government, and not a
foreigner
b. That he has knowledge of any conspiracy (to commit treason) against the
government
c. That 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
• 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, place and circumstance –
the RPC did not fix time.
• RPC states 4 individuals, what if you report to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.
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Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of the
Philippines.
• ELEMENTS:
a. 1. That the offender enters any of the places mentioned therein
2 2. That he has no authority therefore;
b. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
• ELEMENTS:
a. That the offender performs unlawful or unauthorized acts
b. That 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
• Crime is committed in time of peace, intent is immaterial
• Inciting to war – offender is any person
• Reprisals is not limited to military action, it could be economic reprisals, or denial of
entry into their country. Example. X burns Chinese flag. If China bans the entry of
Filipinos into China, that is already reprisal.
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines is not involved
b. That there is a regulation issued by competent authority for the purpose
of enforcing neutrality
c. That the offender violates such regulation
• 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
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Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
a. That it is in time of war in which the Philippines is involved
b. That the offender makes correspondence with an enemy country or
territory occupied by enemy troops
c. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enemy
• Circumstances qualifying the offense:
1 a. notice or information might be useful to the enemy
2 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.
• It is not correspondence with private individual in enemy country
• If ciphers were used, no need for prohibition
• If ciphers were not used, there is a need for prohibition
• In any case, it must be correspondence with the enemy country
• Doesn’t matter if correspondence contains innocent matters – if prohibited,
punishable
Article 121
FLIGHT TO ENEMY’S COUNTRY
• ELEMENTS
a. That there is a war in which the Philippines is involved
b. That the offender (Filipino or resident alien) must be owing allegiance to
the government
c. That the offender attempts to flee or go to enemy country
d. That going to enemy country is prohibited by competent authority
• Mere attempt consummates the crime
• There must be a prohibition. If none, even if went to enemy country – no violation
• Alien resident may be guilty here.
Article 122
PIRACY
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Piracy Mutiny
Robbery or forcible degradation on the Unlawful resistance to a superior officer, or
high seas, without lawful authority and the raising of commotion and disturbances
done with animo furandi and in the spirit on board a ship against the authority of its
and intention of universal hostility. commander
Article 123
QUALIFIED PIRACY
• CIRCUMSTANCES:
a. Whenever they have seized a vessel by boarding or firing upon the same
b. Whenever the pirates have abandoned their victims without means of
saving themselves
c. Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape. (the above may result to qualified mutiny)
• Parricide/infanticide should be included (Judge Pimentel)
• Note the new rape law. Death is imposed in certain types of rape
• There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 – death under the new rape law. But if rape
committed on someone below 7 during the time of piracy – RP to death.
Irreconcilable.
• Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement
TITLE TWO
Article 124
ARBITRARY DETENTION
• ELEMENTS:
a. That the offender is a public officer or employee (whose official duties
include the authority to make an arrest and detain persons; jurisdiction to
maintain peace and order).
b. That he detains a person (actual restraint).
c. That the detention was without legal grounds (cannot be committed if with
warrant).
• Detention: when a person is placed in confinement or there is a restraint on his
person.
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• Though the elements specify that the offender be a public officer or employee,
private individuals who conspire with public officers can also be liable.
• Legal grounds for the detention of any person:
a. commission of a crime
b. violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital
• Without legal grounds:
a. he has not committed any crime or no reasonable ground of suspicion that he
has committed a crime
b. not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
• Know grounds for warrantless arrest:
a. Crime is about to be, is being, has been committed
b. Officer must have reasonable knowledge that the person probably committed the
crime
• For escaped prisoner – no need for warrant
• Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
• Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X
voluntarily admitted to the officers that he did it although he was not asked. X was
detained immediately. According to the SC, there was NO arbitrary detention. Why?
Because once X made a confession, the officers had a right to arrest him.
• Continuing crime is different from a continuous crime
• Ramos v. Enrile: Rebels later on retire. According to the SC, once you have
committed rebellion and have not been punished or amnestied, then the rebels
continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can
be made without a warrant because this is a continuing crime.
Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
• ELEMENTS:
a. That the offender is a public officer or employee
b. That he has detained a person for some legal grounds
c. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
• Really means delay in filing necessary information or charging of person detained in
court. May be waived if a preliminary investigation is asked for.
• Does not contemplate actual physical delivery but at least there must be a complaint
filed. Duty complied with upon the filing of the complaint with the judicial authority
(courts, prosecutors – though technically not a judicial authority, for purposes of this
article, he’s considered as one.)
• The filing of the information in court does not cure illegality of detention. Neither does
it affect the legality of the confinement under process issued by the court.
• To escape from this, officers usually ask accused to execute a waiver which should
be under oath and with assistance of counsel. Such waiver is not violative of the
accused constitutional right.
• What is length of waiver? Light offense – 5 days. Serious and less serious offenses –
7 to 10 days. (Judge Pimentel)
• Article does not apply when arrest is via a warrant of arrest
• If offender is a private person, crime is illegal detention
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Detention is illegal from the beginning. Detention is legal in the beginning, but illegality
starts from the expiration of the specified
periods without the persons detained having
been delivered to the proper judicial authority.
Article 126
DELAYING RELEASE
ELEMENTS:
a. That the offender is a public officer or employee
b. That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the liberation
of such person
c. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the
prisoner, or
3. the proceedings upon a petition for the release of such person
• Three acts are punishable:
a. delaying the performance of a judicial or executive order for the release of a
prisoner
b. delaying the service of notice of such order to said prisoner
c. delaying the proceedings upon any petition for the liberation of such person
• Wardens and jailers are the persons most likely to violate this provision
• Provision does not include legislation
Article 127
EXPULSION
ELEMENTS:
a. That the offender is a public officer or employee
b. That he expels any person from the Philippines, or compels a person to
change his residence
c. That the offender is not authorized to do so by law
• 2 acts punishable:
a. by expelling a person from the Philippines
b. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes’ case
• Does not include undesirable aliens; destierro; or when sent to prison
• If X (Filipino) after he voluntarily left, 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.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer or employee
b. That he is not authorized by judicial order to enter the dwelling and/or to
make a search therein for papers or other effects
c. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous
consent of such owner
3. refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same
• Aggravating Circumstance (medium and maximum of penalty imposed):
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Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he procures a search warrant
c. That there is no just cause
ELEMENTS:
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in executing
the same
• Search warrant is valid for 10 days from its date
• Search warrant is an order in writing issued in the name of the People, signed by the
judge and directed to a public officer, 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, all details must be with
particularity
• Malicious warrant. Example. X was a respondent of a search warrant for illegal
possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
• Abuse examples:
a. X owner was handcuffed while search was going-on.
b. Tank was used to ram gate prior to announcement that a search will be made
c. Persons who were not respondents were searched
Article 130
• ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
a. That the offender is a public officer or employee
b. That he is armed with a search warrant legally procured
c. That he searches the domicile, papers or other belongings of any person
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d. That the owner, or any member of his family, or two witnesses residing in
the same locality are not present
• Order of those who must witness the search:
a. Homeowner
b. 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. Latter is preferred for objective determination.
Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
• ELEMENTS:
a. Offender is a public officer or employee
b. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending
any of its meetings
• prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
• If the offender is a private individual, the crime is disturbance of public order (Art 153)
• Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or
interrupting that meeting
• Meeting is subject to regulation
• Offender must be a stranger, not a participant, in the peaceful meeting; otherwise,
it’s unjust vexation
• Interrupting and dissolving a meeting of the municipal council by a public officer is a
crime against the legislative body, 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. Example:
Ordinance requires permits for meetings in public places. But if police stops a
meeting in a private place because there’s no permit, officer is liable for stopping the
meeting.
Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
• ELEMENTS:
a. That the officer is a public officer or employee
b. That religious ceremonies or manifestations of any religion are about to
take place or are going on
c. That the offender prevents or disturbs the same
• 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, but only a meeting of a religious sect. But if
done in a private home, it’s a religious service
• Religious Worship: people in the act of performing religious rites for a religious
ceremony; a manifestation of religion. Ex. Mass, baptism, marriage
• X, a private person, boxed a priest while the priest was giving homily and while the
latter was maligning a relative of X. Is X liable? X may be liable under Art 133
because X is a private person.
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Article 133
OFFENDING RELIGIOUS FEELINGS
• ELEMENTS:
a. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of
religious ceremony, only the place is material)
2. during the celebration of any religious ceremony
b. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
c. The offender is any person
d. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
• If in a place devoted to religious purpose, there is no need for an ongoing religious
ceremony
• Example of religious ceremony (acts performed outside the church). 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, 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, mere arrogance or
rudeness is not enough
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
• ELEMENTS:
a. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
b. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws –
3 i. the territory of the Philippines or any part thereof, or
4 ii. any body of land, naval or other armed forces, or
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Article 134-A
COUP D E’TAT
• ELEMENTS:
a. Swift attack
b. Accompanied by violence, intimidation, threat, strategy or stealth
c. Directed against:
1. duly constituted authorities
2. any military camp or installation
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Article 135
PENALTIES
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Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
• ELEMENTS:
a. 2 more persons come to an agreement to rise publicly and take arms
against the government
b. For any of the purposes of rebellion
c. They decide to commit it
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
• ELEMENTS:
a. Failing to resist rebellion by all the means in their power
b. Continuing to discharge the duties of their offices under the control of rebels
c. Accepting appointment to office under rebels
• 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, then there’s disloyalty.
If there are no means, no fault
• If position is accepted in order to protect the people, not covered by this
• The collaborator must not have tried to impose the wishes of the rebels of the
people.
Article 138
INCITING TO REBELLION OR INSURRECTION
• ELEMENTS:
a. That the offender does not take arms or is not in open hostility against the
government
b. That he incites others to the execution of any of the acts of rebellion
c. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
• 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
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The person who proposes the execution The inciting is done publicly.
of the crime uses secret means.
Article 139
SEDITION
• ELEMENTS:
a. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
b. That they employ force, intimidation, or other means outside of legal methods
c. That the offenders employ any of those means to attain any of the following
objects:
1. to prevent the promulgation or execution of any law or the holding of any
popular election
2. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions,
or prevent the execution of any administrative order
3. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
4. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
offended parties)
5. to despoil, for any political or social end, any person, municipality or province,
or the national government of all its property or any part thereof
• Sedition: raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it.
• Difference from rebellion – object or purpose of the surprising. For sedition –
sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms
against the government.
• Sedition – purpose may be either political or social. 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. Soldier)
• Public uprising and the object of sedition must concur
• Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes
committed in that case were independent of each other.
• Preventing election through legal means – NOT sedition
• But when sugar farmers demonstrated and destroyed the properties of sugar barons
– sedition
• Persons liable for sedition:
a. leader of the sedition, and
b. other persons participating in the sedition
Article 142
INCITING TO SEDITION
• ELEMENTS:
a. That the offender does not take a direct part in the crime of sedition
b. That he incites others to the accomplishment of any of the acts which
constitute sedition (134)
c. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same end
(purpose: cause commotion not exactly against the government; actual
disturbance not necessary)
• Different acts of inciting to sedition:
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a. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems etc.
b. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against
the government or any of the duly constituted authorities thereof, which tend to
disturb the public peace
c. Knowingly concealing such evil practices
• When punishable:
a. when they tend to disturb or obstruct any lawful officer in executing the functions
of his office; or
b. when they tend to instigate others to cabal and meet together for unlawful
purposes
c. when they suggest or incite rebellious conspiracies or riots; or
d. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES
• ELEMENTS:
a. That there be a projected or actual meeting of Congress or any of its
committees or subcommittees, constitutional commissions or committees or
division thereof, or of any provincial board or city or municipal council or board
b. That the offender who may be any persons prevents such meeting by
force or fraud
• 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.
Article 144
DISTURBANCE OF PROCEEDINGS
• ELEMENTS:
a. That there be a meeting of Congress or any of its committees,
constitutional commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board
b. That the offender does any of the following acts
1. he disturbs any of such meetings
2. 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
• Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
• Acts punishable:
a. By using force, intimidation, threats, or frauds to prevent any member of
Congress from –
1. attending the meeting of the assembly or any of its committees, constitutional
commissions or committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
b. By arresting or searching any member thereof while Congress is in a regular or
special session, except in case such member has committed a crime punishable
under the code by a penalty higher than prision mayor
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Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special
session
4. That the member searched has not committed a crime punishable under
the code by a penalty higher than prision mayor (1987 constitution: privilege
from arrest while congress in session in all offenses punishable by not more
than 6 years imprisonment).
• Article partly inoperative because of the 1987 Constitution
.
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Article 146
ILLEGAL ASSEMBLIES
Article 147
ILLEGAL ASSOCIATIONS
• ELEMENTS:
a. Organized totally or partially for the purpose of committing any of the crimes in
RPC
b. Or for some purpose contrary to public morals
• Persons liable:
a. founders, directors and president of the association
b. mere members of the association
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Article 148
DIRECT ASSAULT
• Person in authority: any person directly vested with jurisdiction (power or authority to
govern and execute the laws) whether as an individual or as a member of some
court or governmental corporation, board or commission
• A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
• Agent: is one 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. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
• 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.
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• 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.
• Direct assault cannot be committed during rebellion.
Article 149
INDIRECT ASSAULT
• ELEMENTS:
a. That a person in authority or his agent is the victim of any of the forms of
direct assault defined in ART. 148.
b. That a person comes to the aid of such authority or his agent.
c. That the offender makes use of force or intimidation upon such person
coming to the aid of the authority or his agent.
• 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.
Article 150
DISOBEDIENCE TO SUMMONS
• Acts punishable:
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
e. inducing disobedience to a summons or refusal to be sworn
Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF
SUCH PERSON (par. 1)
• ELEMENTS:
a. That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender.
b. That the offender resists or seriously disobeys such person in authority or his
agent.
c. That the act of the offender is not included in the provisions of arts. 148, 149 and
150.
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Article 153
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• 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”
Article 154
• TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
a. Publishing or causing to be published, by means 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
c. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published officially
d. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printer’s name or which are
classified as anonymous.
Article 155
• TYPES OF ALARMS AND SCANDALS:
a. Discharging any firearm, rocket, firecracker, or other explosive within any
town or public place, calculated to cause alarm or danger
b. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
c. Disturbing the public peace while wandering about at night or while engaged
in any other nocturnal amusement
d. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
• Charivari – mock serenade or discordant noises made with kettles, tin horns etc,
designed to deride, insult or annoy
• Firearm must not be pointed at a person, otherwise, it is illegal discharge
• What governs is the result, not the intent
Article 156
• ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
a. That there is a person confined in a jail or penal establishment.
b. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
c. Offender is a private individual
• 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,
intimidation or bribery.
• Mitigating circumstance – if it takes place outside the penal establishment by taking
the guards by surprise
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Article 157
• ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
a. That the offender is a convict by final judgment.
b. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
c. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
• A continuing offense.
• 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. unlawful entry (by “scaling”)
b. breaking doors, windows, gates, walls, roofs or floors
c. using picklocks, false keys, disguise, deceit, violence or intimidation
d. connivance with other convicts or employees of the penal institution
Article 158
• ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
a. That the offender is a convict by final judgement who is confined in a penal
institution.
b. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
c. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.
d. That the 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.
• Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
• Offender must escape to be entitled to allowance
• Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
• Disarming the guards is not mutiny
Article 159
VIOLATION OF CONDITIONAL PARDON
• ELEMENTS:
a. That the offender was a convict.
b. That he was granted a conditional pardon by the chief executive.
c. That he violated any of the conditions of such pardon.
• 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. But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate offender without trial
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Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
• ELEMENTS
a. That the offender was already convicted by final judgement of one offense.
b. That he committed a new felony before beginning to serve such sentence or
while serving the same.
• Quasi-recidivism : a person after having been convicted by final judgement shall
commit a new felony before beginning to serve such sentence, or while serving the
same.
• Second crimes must belong to the RPC, not special laws. First crime may be either
from the RPC or special laws
• Reiteracion: offender shall have served out his sentence for the prior offense
• A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
• If new felony is evasion of sentence – offender is not a quasi-recidivist
• Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
• Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.
Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
• TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
a. Forging the great seal of the Government
b. Forging the signature of the President
c. Forging the stamp of the President
• When the signature of the President is forged, it is not falsification but forging of
signature under this article
• Signature must be forged, others signed it – not the President.
Article 162
• USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
a. That the great seal of the republic was counterfeited or the signature or
stamp of the chief executive was forged by another person.
b. That the offender knew of the counterfeiting or forgery.
c. That he used the counterfeit seal or forged signature or stamp.
• Offender is NOT the forger/not the cause of the counterfeiting
Article 163
• ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
a. That there be false or counterfeited coins (need not be legal tender).
b. That the offender either made, imported or uttered such coins.
c. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
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Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
• 2 Types
a. Possession of coin, counterfeited or mutilated by another person, with intent
to utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
b. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
• Possession does not require legal tender in foreign coins
• Includes constructive possession
• Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
• Acts punishable:
a. Forging or falsity of treasury/bank notes or documents payable to bearer
b. Importing of such notes
c. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
• 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, substituting, counterfeiting or altering by any means the
figures and letters, words, signs contained therein
• E.g. falsifying – lotto or sweepstakes ticket. 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
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Article 167
• ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
a. That there be an instrument payable to order or other document of credit not
payable to bearer.
b. That the offender either forged, imported or uttered such instruments.
c. That in case of uttering, he connived with the forger or importer.
Article 168
• ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
a. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person.
b. That the offender knows that any of those instruments is forged or falsified.
c. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified
instrument.
• Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes
Article 169
FORGERY
• How forgery is committed:
a. by giving to a treasury or bank note or any instrument payable to bearer or to
order, the appearance of a true and genuine document
b. by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.
• if all acts done but genuine appearance is not given, the crime is frustrated
Article 170
• ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
a. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
b. That the offender (any person) alters the same.
c. That he has no proper authority therefor.
d. That the alteration has changed the meaning of the document.
• Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies .
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER
• ELEMENTS:
a. That the offender is a public officer, employee, or notary public.
b. That he takes advantage of his official position.
c. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
Requisites:
i. That there be an intent to imitate, or an attempt to imitate
ii. That the two signatures or handwritings, the genuine and the
forged, bear some resemblance, to each other
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Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
• ELEMENTS
a. That the offender is a private individual or a public officer or employee who
did not take advantage of his official position.
b. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which
changes its meaning.
c. That the falsification was committed in any public or official or commercial
document.
• Under this paragraph, damage is not essential, it is presumed
• Defense: lack of malice or criminal intent
• The following writings are public:
a. the written acts or records of cats of the sovereign authority of official bodies and
tribunals, and of the public officers, legislative, judicial and executive, whether of
the Philippines or of a foreign country.
b. Public records kept in the Philippines.
• Examples of commercial documents – warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments
• Cash disbursement vouchers or receipts evidencing payments are not commercial
documents
• A mere blank form of an official document is not in itself a document
• The possessor of falsified document is presumed to be the author of the falsification
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• ELEMENTS:
a. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions
nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.
(intent to cause damage not necessary)
b. Use in any other transaction
1. that the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any of subdivisions
nos. 1 and 2 of art. 172.
3. That he used such documents (not in judicial proceedings).
4. That the use of the documents caused damage to another or at least was
used with intent to cause such damage.
• The user of the falsified document is deemed the author of falsification, if:
a. the use is so closely connected in time with the falsification
b. the user had the capacity of falsifying the document
Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
• Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or
an officer or employee of a private corporation, engaged in the service of
sending or receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone
message, or
- falsifying wireless, cable, telegraph, or telephone message
2. Falsifying wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or
an officer or employee of a private corporation, engaged in the service of
sending or receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
- uttering fictitious wireless, cable, telegraph, or telephone
message, or
- falsifying wireless, cable, telegraph, or telephone message
3. Using such falsified message
Requisites:
a. That the accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the person specified in the first
paragraph of art. 173.
b. That the accused used such falsified dispatch.
c. That the use of the falsified dispatch resulted in the prejudice of a
third party, or that the use thereof was with intent to cause such prejudice.
• The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message
Article 174
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Article 175
• ELEMENTS OF USING FALSE CERTIFICATES:
a. That a physician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or
similar circumstances, or a private person had falsified any of said
certificates.
b. That the offender knew that the certificate was false.
c. That he used the same.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
• Acts punishable:
a. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person
• The implement confiscated need not form a complete set
• Constructive possession is also punished
Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
• ELEMENTS (using fictitious name) :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicly.
c. That the purpose of the offender is –
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1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name
for a passport)
• ELEMENTS (concealing true name):
a. that the offender conceals –
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his identity.
Article 179
• ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
a. That the offender makes use of insignia, uniform or dress.
b. That the insignia, 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.
c. That said insignia, uniform or dress is used publicly and improperly.
• an exact imitation of the dress or uniform is unnecessary
Article 180
• ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
a. That there be a criminal proceeding.
b. That the offender testifies falsely under oath against the defendant therein.
c. That the offender who gives false testimony knows that it is false.
d. That the defendant against whom the false testimony is given is either
acquitted or convinced in a final judgment (prescriptive period starts at this point)
• Requires criminal intent, can’t be committed through negligence. 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
• Penalty is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
• 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 judgement is not necessary). 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. If
he merely denies the commission of the offense, he is not liable.
• Basis of penalty: gravity of the felony charged against the defendant
Article 182
• ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
a. That the testimony must be given in a civil case.
b. That the testimony must relate to the issues presented in said case.
c. That the testimony must be false.
d. That the false testimony must be given by the defendant knowing the same to
be false.
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e. That the testimony must be malicious and given with an intent to affect the
issues presented in the said case
• Not applicable when testimony given in a special proceeding (in this case, the crime
is perjury)
• Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION:
a. That an accused made a statement under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath.
c. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
d. That the sworn statement or affidavit containing the falsity is required by law.
Article 184
• ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness or false testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official proceeding.
• Article applies when the offender without inducing another, but knowing him to be a
false witness, presented him and the latter testified falsely in a judicial or official
proceeding
• The false witness need not be convicted of false testimony. The mere offer is
sufficient.
III. FRAUDS
Article 185
• ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of the bidders.
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c That such gifts or promise was the consideration for his refraining from
taking part in that public auction.
d That the accused had the intent to cause the reduction of the price of the
thing auctioned.
• ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay away from that
public auction
c That it was done by threats, gifts, promises, or any other artifice.
d That the accused had the intent to cause the reduction of the price of the
thing auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
• Acts punished:
a. Combination to prevent free competition in the market
b. By entering into a contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or prevent by artificial means free competition in the market (It is enough that
initial steps are taken. It is not necessary that there be actual restraint of trade)
c. Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, by
combining with any person or persons to monopolize said merchandise or object
in order to alter the prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
d. Manufacturer, producer or processor or importer combining, conspiring or
agreeing with any person to make transactions prejudicial to lawful commerce or
to increase the market price of the merchandise.
• Person/s liable:
a. manufacturer
b. producer
c. processor
d. importer
• Crime is committed by:
a. combining
b. conspiring
c. agreeing with another person
• The purpose is:
a. to make transactions prejudicial to lawful commerce
b. to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
• Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager – who willingly permitted or failed to prevent commission of
above offense
• Aggravated if items are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
Article 187
• ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS:
a That the offender imports, sells or disposes of any of those articles or
merchandise.
b That the stamps, brands, or marks or those articles or merchandise fails
to indicate the actual fineness or quality of said metals or alloys.
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c That the offender knows that the said stamp, brand, or mark fails to
indicate the actual fineness or quality of the metals or alloys.
Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
• Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or
t/m has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person,
or a colorable limitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
• Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false
description or representation, and (b) selling such goods or services
c Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.
• ELEMENTS:
a That the offender gives his goods the general appearance of the goods of
another manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any
other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.
d That there is actual intent to deceive the public or defraud a competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
I. Acts Punishable:
a. importation of prohibited drugs
b. sale, administration, delivery, distribution and transportation of prohibited
drugs
c. maintenance of a den, dive or resort for prohibited drug users
d. being employees or visitors of drug den
e. manufacture of prohibited drugs
f. possession or use
g. cultivation of plants
h. failure to comply with provisions relative to keeping of records of prescription
i. unnecessary prescription
j. possession of opium pipe and other paraphernalia
k. Importation, sale, etc. of regulated drugs
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II. For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and,
as such, are vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of the said
provision.
III. Rules:
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TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
• Acts Punishable:
a. Betting: Betting money or any object or article of value of representative value
upon the result of any game, races and other sports contests.
b. Game-fixing: any arrangement, combination, scheme or agreement by which
the result of any game, races, or sports contests shall be predicated and/or
known other than on the basis of the honest playing skill or ability of the players
or participants.
c. Point-shaving: any such arrangement combination, scheme or agreement by
which the skill or ability of any player or participant in a fame, races, or sports
contests to make points of scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team, player or participant.
d. Game Machination: any other fraudulent, deceitful, unfair or dishonest
means, method, manner or practice employed for the purpose of influencing the
result of any game, races or sports contest.
I. Scope – This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
II. Rules:
A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed
to own, manage and operated cockpits.
B. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
C. Cockpits shall be constructed and operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
D. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays
and legal holidays and during local fiestas for not more than 3 days; or
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Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall
be allowed within the month of the local fiesta or for more than 2
occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June 12,November 30,
Holy Thursday, Good Friday, Election Day and during registration days
for such election/referendum.
Limitations: This privilege shall be extended for only one time, for a period
not exceeding 3 days, within a year to a province, city or municipality.
Article 200
• ELEMENTS OF GRAVE SCANDAL:
a. Offender performs an act
b. Act is highly scandalous as offending against decency or good customs
c. Highly scandalous conduct does not expressly fall within any other article of
the RPC
d. Committed in a public place or within the public knowledge or view. (The
public view is not required, it is sufficient if in public place. For public
knowledge, it may occur even in a private place; the number of people who
sees it is not material).
• Grave scandal: consists of acts which are offensive to decency and good customs.
They are committed publicly and thus, give rise to public scandal to persons who
have accidentally witnessed the acts
• Decency: means properly observing the requirements of modesty, good taste etc
• Customs: refers to established usage, 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, 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.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
• Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public
morals
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• Who are considered prostitutes - refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203
• WHO ARE PUBLIC OFFICERS:
a. Takes part in the performance of public functions in the Government, or
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Malfeasance Doing of an act which a public officer should not have done
Misfeasance Improper doing of an act which a person might lawfully do
Nonfeasance Failure of an agent to perform his undertaking for the principal
Article 205
• ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
a. Offender is a judge
b. Renders a judgment in a case submitted to him for decision
c. Judgment is manifestly unjust
d. Due to inexcusable negligence or ignorance
• Manifestly unjust judgment: one that is so contrary to law that even a person having
meager knowledge of the law cannot doubt the injustice
Article 206
• ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
a. That the offender is a judge.
b. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.
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• Interlocutory order: one issued by the court deciding a collateral or incidental matter.
It is not a final determination of the issues of the action or proceeding
Article 207
• ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
a. That the offender is a judge.
b. That there is a proceeding in his court.
c. That he delays the administration of justice.
d. That the delay is malicious, that is, the delay is caused by the judge with
deliberate intent to inflict damage on either party in the case.
• Mere delay without malice is not punishable
Article 208
• ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
a. That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute offenses.
b. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
c. That the offender acts with malice and deliberate intent to favor the violator of
the law.
• 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. Note however, 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, conceals, or assists in the escape of an offender, when
it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an accessory
• Article not applicable to revenue officers
Article 209
• ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT):
a. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
b. Revealing any of the secrets of his client learned by him in his professional
capacity (damage not necessary)
c. 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 (damage not necessary)
Article 210
• ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a public officer within the scope of Art 203
b. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
c. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is
not necessary) or
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5. Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage, or preference in the
discharge of his official, administrative or judicial function through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him for
the purpose of obtaining directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest of giving undue advantage in favor of or discriminating
against any other interested party.
7. Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby.
8. Directly or indirectly having financial or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or take part in his
official capacity, or in which he is prohibited by the constitution or by any law from
having any interest.
9. Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel, or
group of which he is a member, and which exercises discretion in such approval,
even if he votes against the same or does not participate in the action of the
board, committee, panel or group.
10. Knowingly approving or granting any license, permit, privilege, or benefit in favor
of any person not qualified for or not legally entitled to such license, permit,
privilege, or advantage, or of a mere representative or dummy of one who is not
so qualified or entitled.
11. Divulging valuable information of a confidential character, acquired by his office
or by him on account of his official position to unauthorized persons, or releasing
such information in advance of its authorized release date.
b. 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, gift, or material, or
pecuniary advantage from any person having some business, transaction,
application, request, or contact with the government in which such public official has
to intervene (Sec. 4)
c. Any person who shall knowingly induce or cause any public official to commit any of
the offenses under (A). (Sec. 4)
d. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the
president of the Philippines, the vice-president, the president of the Senate, or
speaker of the house of Representatives, who shall intervene, directly or indirectly, in
any business transaction, contract or application with the gov’t (Sec. 5).
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the gov’t along
the same line of business;
2. Any transaction, contract or application already existing or pending at the
time of such assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on
the part of the official(s) concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a
profession.
e. Any member of congress, during the term for which he has been elected, 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.
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f. Any public officer who shall fail to file a true, detailed and sworn statement of
assets and liabilities within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every calendar year, as well
as upon the expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
• If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income.
• Properties in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown.
• Bank deposits in the name of or manifestly excessive expenditures incurred by the
public official, his spouse or any of their dependents including but not limited to
activities in any club or association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original
jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15
years (Sec. 11).
Article 211
• ELEMENTS OF INDIRECT BRIBERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him by reason of his office.
• 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. Mere physical receipt
unaccompanied by any other sign, 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, the
officer agrees to perform or refrain from doing an act in consideration of the gift or
promise. In the latter case, it is not necessary that the officer do any act. 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,
including Christmas are liable under PD 46.
• The criminal penalty or imprisonment is distinct from the administrative penalty of
suspension from the service
Article 211-A
• ELEMENTS OF QUALIFIED BRIBERY
a. Public officer entrusted with law enforcement
b. Refrains from arresting/prosecuting offender for crime punishable by
reclusion perpetua and/or death
c. (if lower penalty than stated above, the crime is direct bribery)
d. In consideration of any offer, promise or gift
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Article 212
• ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
a. That the offender makes offers or promises or gives gifts or present to a
public officer.
b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery
• The offender is the giver of the gift or the offeror of the promise. The act may or may
not be accomplished
• Under PD 749, 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. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the State
d. information and testimony can be corroborated on its material points
e. informant has been previously convicted of a crime involving moral turpitude
• See the Anti-graft and Corrupt Practices Act
Article 213
• ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
a. That the offender be a public officer.
b. That he should have taken advantage of his office, that is, he intervened in
the transaction in his official capacity.
c. That 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, or (c) the adjustment or settlement of account relating to
a public property or funds.
d. That the accused had intent to defraud the government.
• Notes:
a. The public officer must act in his official capacity
b. 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
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Article 214
• ELEMENTS OF OTHER FRAUDS:
a. That the offender is a public officer.
b. That he takes advantage of his official position.
c. That he commits any of the frauds or deceits enumerated in art. 315 and 316.
(estafa; swindling)
• Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification
Article 215
• ELEMENTS OF PROHIBITED TRANSACTIONS:
a. That the offender is an appointive public officer.
b. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
c. That the transaction takes place within the territory subject to his jurisdiction.
d. That he becomes interested in the transaction during his incumbency.
• Notes:
a. Examples of transactions of exchange or speculation are: buying and selling
stocks, commodities, land etc wherein one hopes to take advantage of an
expected rise or fall in price
b. Purchasing of stocks or shares in a company is simple investment and not a
violation of the article. However, regularly buying securities for resale is
speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
• Who are liable:
a. Public officer – in any contract or business in which it is his official duty to
intervene.
b. Experts, arbitrators and private accountants – in any contract or transaction
connected with the estate or property in the approval, distribution or
adjudication of which they had acted.
c. Guardians and executors – with respect to property belonging to their wards
or the estate.
• Notes:
a. Actual fraud is not necessary.
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
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III. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction
of the Sandiganbayan.
V. Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches or estoppel.
Article 217
• ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
a. That the offender be a public officer (or private person if entrusted with public
funds or connived with public officers)
b. That he had the custody or control of funds or property (if not accountable for
the funds, theft or qualified theft)
c. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
d. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any
other person to take such public funds or property. (it is not necessary
that the offender profited thereby. His being remiss in the duty of
safekeeping public funds violates the trust reposed)
• Malversation is otherwise called embezzlement
• It can be committed either with malice or through negligence or imprudence
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Article 218
• ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
a. That the offender is a public officer, whether in the service or separated
therefrom.
b. That he must be an accountable officer for public funds property.
c. That he is required by law or regulation to render accounts to the commission
on audit, or to a provincial auditor.
d. That he fails to do so for a period of two months after such accounts should
be rendered.
• Note: Demand and misappropriation are not necessary
Article 219
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Article 220
• ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical
malversation):
a. That the offender is a public officer.
b. That there is public fund or property under his administration.
c. That such public fund or property has been appropriated by law or ordinance
(without this, it is simple malversation even if applied to other public purpose).
d. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
• To distinguish this article with Art 217, just remember that in illegal use of public
funds or property, the offender does not derive any personal gain, the funds are
merely devoted to some other public use
• Absence of damage is only a mitigating circumstance
Article 221
• ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
a. Offender has gov’t funds or property in his possession
b. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered
by competent authority
3. He maliciously fails or refuses to do so
• Note: Penalty is based on value of funds/property to be delivered
Article 222
• PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
a. Private individual who, in any capacity, have charge of any national,
provincial or municipal funds, revenue, or property
b. Administrator or depositary of funds or property that has been attached,
seized or deposited by public authority, even if owned by a private individual
• Sheriffs and receivers fall under the term “administrator”
• A judicial administrator in charge of settling the estate of the deceased is not covered
by the article
Article 223
• ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
a. That the offender is a public officer (on duty).
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escaped from his custody
d. That he was in connivance with the prisoner in the latter’s escape
• Detention prisoner: refers to a person in legal custody, 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. Neither is
mere leniency or laxity in the performance of duty constitutive of infidelity
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• There is real and actual evasion of service of sentence when the custodian permits
the prisoner to obtain a relaxation of his imprisonment
Article 224
• ELEMENTS OF EVASION THROUGH NEGLIGENCE:
a. That the offender is a public officer.
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escapes through his negligence.
d. Penalty based on nature of imprisonment
• 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. if he is a prisoner by final judgment, he is liable for evasion of service (art
157)
b. if he is a detention prisoner, he does not incur criminal liability (unless
cooperating with the offender).
Article 225
• ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER :
a. That the offender is a private person (note: must be on duty)
b. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
c. That the prisoner or person under arrest escapes.
d. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence
• Note: This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 226
• ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of documents:
a. That the offender be a public officer.
b. That he abstracts, destroys or conceals a document or papers.
c. That the said document or paper should have been entrusted to such public
officer by reason of his office.
d. That damage, whether serious or not, to a third party or to the public interest
should have been caused.
• The document must be complete and one by which a right could be established or an
obligation could be extinguished
• Books, periodicals, pamphlets etc are not documents
• “Papers” would include checks, 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. There is illicit purpose
when the intention of the offender is to:
a. tamper with it
b. to profit by it
c. to commit any act constituting a breech of trust in the official thereof
• Removal is consummated upon removal or secreting away of the document from its
usual place. 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
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Article 227
• ELEMENTS OF OFFICER BREAKING SEAL :
a. That the offender is a public officer.
b. That he is charged with the custody of papers or property.
c. That these papers or property are sealed by proper authority.
d. That he breaks the seals or permits them to be broken.
• 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; damage is presumed
Article 228
• ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
a. That the offender is a public officer.
b. That any closed papers, documents, or objects are entrusted to his custody.
c. That he opens or permits to be opened said closed papers, documents or
objects.
d. That he does not have proper authority.
• Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
• ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
a. That the offender is a public officer.
b. That he knows of a secret by reason of his official capacity.
c. That he reveals such secret without authority or justifiable reasons.
d. That damage, great or small, be caused to the public interest.
e. (damage is essential)
• Notes:
a. Secret must affect public interest
b. Secrets of a private individual is not included
c. Espionage for the benefit of another State is not contemplated by the article.
If regarding military secrets or secrets affecting state security, the crime may
be espionage.
• ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
a. That the offender is a public officer.
b. That he has charge of papers.
c. That those papers should not be published.
d. That he delivers those papers or copies thereof to a third person.
e. That the delivery is wrongful.
f. That damage be caused to public interest.
• Notes:
a. “Charge”: means custody or control. If he is merely entrusted with the papers
and not with the custody thereof, he is not liable under this article
b. If the papers contain secrets which should not be published, and the public
officer having charge thereof removes and delivers them wrongfully to a third
person, the crime is revelation of secrets. On the other hand, if the papers do
not contain secrets, their removal for an illicit purpose is infidelity in the
custody of documents
c. Damage is essential to the act committed
Article 230
• ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
a. That the offender is a public officer
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Article 231
• ELEMENTS OF OPEN DISOBEDIENCE:
a. That the offender is a judicial or executive officer.
b. That there is a judgment, decision or order of superior authority.
c. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal formalities.
d. that the offender without any legal justification openly refuses to execute the
said judgment, decision or under which he is duty bound to obey.
• Note: Judgment should have been rendered in a hearing and issued within proper
jurisdiction with all legal solemnities required
Article 232
• ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
a. That the offender is a public officer.
b. That an order is issued by his superior for execution.
c. That he has for any reason suspended the execution of such order.
d. That his superior disapproves the suspension of the execution of the order.
e. That the offender disobeys his superior despite the disapproval of the
suspension.
• Note: A public officer is not liable if the order of the superior is illegal
Article 233
• ELEMENTS OF REFUSAL OF ASSISTANCE:
a. That the offender is a public officer.
b. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service.
c. That the offender fails to do so maliciously.
• Involves a request from one public officer to another
• Damage to the public interest or third party is essential
• Demand is necessary
Article 234
• ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:
a. That the offender is elected by popular election to a public office.
b. That he refuses to be sworn in or discharge the duties of said office.
c. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.
• Note: 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
Article 235
• ELEMENTS OF MALTREATMENT OF PRISONERS:
a. That the offender is a public officer or employee.
b. That he has under charge a prisoner or detention prisoner (otherwise the
crime is physical injuries)
c. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either –
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Article 236
• ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
a. That the offender is entitled to hold a public office or employment, either
by election or appointment.
b. That the law requires that he should first be sworn in and/or should first
give a bond.
c.That he assumes the performance of the duties and powers of such office.
d. That he has not taken his oath of office and./or given the bond required
by law.
Article 237
• ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
a. That the offender is holding a public office.
b. That the period provided by law, regulations or special provisions for holding
such office has already expired.
c. That he continues to exercise the duties and powers of such office.
• Note: The article contemplates officers who have been suspended, separated or
declared over-aged or dismissed
Article 238
• ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
a. That the offender is a public officer.
b. That he formally resigns from his position.
c. That his resignation has not yet been accepted.
d. That he abandons his office to the detriment of the public service.
• 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, prosecuting or punishing any of the
crimes against national security. The penalty is higher. This involves the following
crimes:
a. treason
b. conspiracy and proposal to commit conspiracy
c. misprision of treason
d. espionage
e. inciting to war or giving motives to reprisals
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy country
i. piracy and mutiny on the high seas
j. rebellion
k. conspiracy and proposal to commit rebellion
l. disloyalty to public officers
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition
p. inciting to sedition
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Article 239
• ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
a. That the offender is an executive or judicial officer.
b. That he (a.) makes general rules or regulations beyond the scope of his
authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof.
Article 240
• ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
a. That the offender is a judge.
b. That he (a.) assumes a power pertaining to the executive authorities, or (b.)
obstructs executive authorities in the lawful exercise of their powers.
• Note: Legislative officers are not liable for usurpation of executive functions
Article 241
• ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
a. That the offender is an officer of the executive branch of the government.
b. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order
decision rendered by any judge within his jurisdiction.
• Note: A mayor is guilty under this article when he investigates a case while a justice
of the peace is in the municipality
Article 242
• ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a question brought before the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to refrain from continuing the proceeding.
e. That he continues the proceeding.
Article 243
• ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY:
a. That the offender is an executive officer.
b. That the addresses any order or suggestion to any judicial authority.
c. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice.
• Note: Legislative or judicial officers are not liable under this article
Article 244
• ELEMENTS OF UNLAWFUL APPOINTMENTS:
a. That the offender is a public officer.
b. That he nominates or appoints a person to a public office.
c. That such person lacks the legal qualification therefor.
d. That the offender knows that his nominee or appointee lacks the qualification at
the time he made the nomination or appointment.
• Recommending, 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
Article 245
• ELEMENTS OF ABUSES AGAINST CHASTITY:
a. That the offender is a public officer.
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TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
Notes:
1. The relationship of the offender with the victim is the essential element of
the felony
2. Parents and children are not included in the term “ascendants” or
“descendants”
3. The other ascendant or descendant must be legitimate. On the other
hand, the father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is
infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
7. Even if the offender did not know that the person he had killed is his son,
he is still liable for parricide because the law does not require knowledge of the
relationship
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• Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but
instead of dying, the fetus in her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a person suffering from some incurable
disease. In this case, the person does not want to die. A doctor who resorts to
euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful
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4. Intent to kill is negated by the fact that the distance between the victim
and the offender is 200 yards
5. 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
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A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of
some essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part
of the body of the offended party, other than the essential organ for reproduction,
to deprive him of that part of the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely.
Otherwise, it will be considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
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1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person –
a. loses the use of speech or the power to hear or to smell, loses an eye, a
hand, foot, arm or leg
b. loses the use of any such member
c. becomes incapacitated for the work in which he had been habitually
engaged
3. Injured person –
a. becomes deformed
b. loses any other member of his body
c. loses the use thereof
d. becomes ill or incapacitated for the performance of the work in which he
had been habitually engaged in for more than 90 days
4. Injured person becomes ill or incapacitated for labor for more than 30 days (but
not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence
or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is
not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be
considered as serious physical injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be
permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand,
covers any other member which is not a principal part of the body. In this respect,
a front tooth is considered as a member of the body, other than a principal
member
8. Deformity: means physical ugliness, permanent and definite abnormality.
Not curable by natural means or by nature. It must be conspicuous and visible.
Thus, if the scar is usually covered by a dress, it would not be conspicuous and
visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not.
However, loss of one tooth which impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be impaired by the
action of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to
hear. Meanwhile, loss of the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a
member, not a principal one of his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of
use of some other part of the body
14. If the injury would require medical attendance for more than 30 days, the
illness of the offended party may be considered as lasting more than 30 days.
The fact that there was medical attendance for that period of time shows that the
injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical
attendance
16. In determining incapacity, the injured party must have an avocation at the
time of the injury. Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on
the period of the illness or incapacity for labor, there must be evidence of the
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length of that period. Otherwise, the offense will only be considered as slight
physical injuries
18. There is no incapacity if the injured party could still engage in his work
although less effectively than before
19. 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. However, serious physical
injuries resulting from excessive chastisement by parents is not qualified serious
physical injuries
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b. any instrument or object, into the genital or anal orifice of another person
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
a. less than 7 yrs old, mandatory death
b. less than 12 yrs old, statutory rape
c. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death
TITLE NINE
I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
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Notes:
1. Inducement must be actual, committed with criminal intent and
determined by a will to cause damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
1. That the offender compels a debtor to work for him, either as household
servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.
2. By failing to help or render assistance to another whom the offender has accidentally
wounded or injured
3. By failing to deliver a child, under 7 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place
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Acts punished:
1. By 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, in the absence of that one,
without the consent of the proper authorities
Elements:
a. That the offender has charged of the rearing or education of a minor.
b. That he delivers said minor to a public institution or other persons.
c. That the one who entrusted such child to the offender has not consented
to such act, or if the one who entrusted such child to the offender is absent;
the proper authorities have not consented to it.
2. By neglecting his (offender’s) children by not giving them education which their
station in life requires and financial condition permits
Elements:
a. That the offender is a parent.
b. That he neglects his children by not giving them education.
c. That his station in life requires such education and his financial condition
permits it.
Note: Qualifying Circumstance – if the delivery of the child to any person following any of
the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to
any habitual vagrant of beggar is made in consideration of any price, compensation or
promise, the penalty is higher.
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or
intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused
3. Implied prohibition is present considering the situation – late at night and everyone’s
asleep or entrance was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the
offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
7. Not applicable to:
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2. In the heat of anger, person orally threatens another with some harm constituting a
crime, without persisting in the idea involved in the threat. Subsequent acts did not
persist.
3. Person orally threatens another with harm not constituting a felony.
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TITLE TEN
I. CRIMES AGAINST PROPERTY
Robbery Bribery
X didn’t commit crime but is intimidated to X has committed a crime and gives
deprive him of his property money as way to avoid arrest or
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prosecution
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00 with
threats of arrest and prosecution, therefore,
robbery because (a) intent to gain and (b)
immediate harm
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II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands – more than three armed persons forming a band
Purpose:
a. Robbery in highway
b b. Kidnapping for extortion or ransom.
c. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed firearms (any of
them)
b. possession of any kind of arms (not just firearm)
III. THEFT
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Persons liable:
1. Those who
a) with intent to gain
b) but without violence against or intimidation of persons not force upon things
c) take
d) personal property
e) of another
f) without the latter’s consent
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner
Notes:
1. Retention of money/property found is theft. Retention is failure to return
(intent to gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
3. 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
Note: Killing of cattle of another which destroyed his property and getting meat for
himself
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its
owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
Notes:
1. 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.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be
capacity to dispose of the things). Otherwise, P v. Espiritu – full possession is
enough
3. Servant using car without permission deemed qualified theft though use
was temporary
4. Reyes says: there must be some character of permanency in depriving
owner of the use of the object and making himself the owner, therefore must
exclude “joyride”
5. Theft: if after custody (only material possession) of object was given to
the accused, it is actually taken by him (no intent to return) e.g. felonious
conversion. But it is estafa if juridical possession is transferred e.g., by contract
of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is
theft
9. If offender claims property as his own (in good faith) – not theft (though
later found to be untrue. If in bad faith – theft)
10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g.
joyride)
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Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where stolen property is
kept e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had
intent to gain, his absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft. Motor vehicle not
used as PU in kabit system but under K of lease-estafa
10. mail matter – private mail to be QT, Not postmaster – Art. 226
11. theft of large cattle
IV. USURPATION
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V. CULPABLE INSOLVENCY
Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver – even if it is not a subject of lawful commerce
c. thing delivered has not been fully or partially paid for – not estafa
c. no agreement as to quality – No estafa if delivery is unsatisfactory
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Offenders are entrusted with funds or offenders are entrusted with funds or
property and are continuing offenses property and are continuing offenses
Funds: always private Funds: public funds or property
Offender: private individual, or public officer Offender: public officer accountable for
not accountable public funds
Committed by misappropriating, converting, Committed by appropriating, taking,
denying having received money misappropriating
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2. That 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.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit or failure to make
good within three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt – no estafa
5. Offender must be able to obtain something from the offended party by means of
the check he issues and delivers
6. If postdating a check issued as mere guarantee/promissory note – no estafa
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D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause damage to
another or (b) prejudice is actually caused, or (c) the thing burned is a building in an
inhabited place
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3. Malicious mischief
Notes:
1. Exemption is based on family relations
2. Parties to the crime not related to the offended party still remains criminally liable
3. Persons exempt include:
a. stepfather/mother (ascendants by affinity)
b. adopted children (descendants)
c. concubine/paramour (spouse)
d. common law spouse (propert is part of their earnings)
TITLE ELEVEN
CRIMES AGAINST CHASTITY
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b. guardian
c. teacher
d. person who, in any capacity, is entrusted with the education or custody of
the woman seduced
2. Those who abused the confidence reposed in them:
a. priest
b. house servant
c. domestic
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant
Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness, qualified seduction of sister/descendant, forcible abduction
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TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause such child to
lose its civil status
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation
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Notes:
1. The crime does not fall within the category of private crimes that can be
prosecuted only at the instance of the offended party
2. A simulated marriage is not marriage at all and can be used as a defense
for bigamy
3. There must be a summary proceeding to declare the absent spouse
presumptively dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the whereabouts of the 1st
wife is bigamy through reckless imprudence
5. A judicial declaration of the nullity of a marriage void ab initio is now
required
6. One convicted for bigamy may be prosecuted for concubinage as both
are distinct offenses
7. One who vouches that there is no legal impediment knowing that one of
the parties is already married is an accomplice
TITLE THIRTEEN
CRIMES AGAINST HONOR
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the person referred to in the defamatory publication was sufficiently clear so that
at least a 3rd person would have identified the plaintiff.
6. There are as many crimes as there are persons defamed.
7. To presume publication there must be a reasonable probability that the
alleged a libelous matter was thereby exposed to be read or seen by 3rd persons.
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 are
sufficient to impeach their honesty, virtue or reputation, or to hole the person up to
public ridicule(US v O’Connel)
2 )construed not only as to the expression used but also with respect to the whole
scope and apparent object of the writer.(P v Encarnacion)
Libel Perjury
-false accusation need not be made under oath -false accusation is made under oath
Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by
big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed
at a group of persons are not actionable unless the statements are all-embracing or
sufficiently specific for victim to be identifiable. An action for libel allegedly directed
against a group of sugar planters cannot be done by resort to filing a class suit as each
victim has his specific reputation to protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the community.
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Note: Enumerates the means by which libel may be committed: writing, printing,
lithography, engraving, radio phonograph, painting, theatrical or cinematographic
exhibitions or any similar means
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Note: Offended party must file complaint for defamation imputing a crime which cannot
be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and
acts of lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the
same written matter is communicated, such communication is considered a distinct and
separate publication of libel.
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Acts punished:
1) any person, not authorized by all the parties to any private communication or spoken
word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known
as a dictaphone or dictagraph or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:
a) knowingly possesses any tape record, wire record, disc record, or any other
such record or copies thereof of any communication or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or partial, to any other
person
Notes:
a. Peace officer is exempt if acts done under lawful order of the court. You can only use
the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in any hearing
or investigation.
c. Gaanan v IAC
An extension phone is not one of those prohibited under RA 4200. There must be either
a physical interruption through the wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept or record the spoken words. The extension
phone was not installed for such purpose.
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CRIMINAL LAW (BOOK 2)
REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
Emergency rule-
An 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.
P v Cano
Negligence is a quasi-offense. What is punished is not the effect of the negligence but
the recklessness of the accused.
P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a
heart attack that caused brain damage. HELD: Guilty of simple negligence resulting to
homicide. Carillo was the anesthesiologist, he and his co-accused failed to monitor and
provide close patient care, to inform the parents of the child’s true condition, to prove
that they exercised necessary and appropriate degree of care and diligence to prevent
the condition.
Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries
through reckless imprudence constitutes double jeopardy to the charge of the crime of
damage to property through reckless imprudence.
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