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Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)

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TITLE I: CRIMES AGAINST NATIONAL SECURITY 118 1. Offender performs unlawful or unauthorized
Inciting to acts
AND THE LAW OF NATIONS War/Giving 2. Such acts provoke or give occasion for a war
Motives involving or liable to involve RP or expose
1. Treason Filipino citizens to reprisals on their persons
or property
2. Conspiracy and Proposal to Commit Treason
119 1. War which the Philippines is not involved
3. Misprision of Treason Violation of 2. There is a regulation issued by competent
4. Espionage Neutrality authority for the purpose of enforcing
5. Inciting to War and Giving Motives for Reprisal neutrality
6. Violation of Neutrality 3. Offender violates such regulation
120 1. Time of war in which the Philippines is
7. Correspondence with Hostile Country Corres- involved
8. Flight to Enemy Country pondence 2. Offender makes correspondence with enemy
9. Piracy and Mutiny with Hostile country or territory occupied by enemy troops
Country 3. The correspondence is either
a. Prohibited by the government
GR: committed in times of war b. Carried in ciphers or conventional signs
Except: espionage, inciting to war or giving motives for c. Containing notice or information which
reprisal, violation of neutrality, piracy and mutiny might be useful to the enemy
121 1. There is a war which the Philippines is
Flight to involved
Elements Enemy’s 2. Offender must be owing allegiance to
Country government
Crime Elements 3. Offender attempts to flee or go to enemy
114 1. Offender is Filipino citizen or alien residing in country
Treason RP 4. Going to enemy country is prohibited by
2. There is war in which the Philippines is competent authority
involved 122 1. Vessel is on the high seas or in RP waters
3. Offender either: Piracy in 2. Offenders are not members of complement or
a. levies war against the government General and passengers of the vessel
i. that there be actual assembling of Mutiny on 3. Offenders either
men, the High a. attack or seize the vessel
ii. for the purpose of executing a Seas or in b. seize the whole or part of the cargo of
treasonable design by force Philippine said vessel, it’s equipment, or personal
b. or adheres to enemies, giving aid or Waters belongings of its complement or
comfort passengers
115 Conspiracy to Commit Treason 123 Qualifying Circumstances:
Conspiracy Proposal to Commit Treason Qualified 1. Seized vessel by boarding/firing upon the
and Piracy same; or
Proposal to 2. Pirates have abandoned their victims without
Commit means of saving themselves; or
Treason 3. Crime is accompanied by murder, homicide,
116 1. Offender must be owing allegiance to the physical injuries or rape
Misprision government and not a foreigner
of Treason 2. He has knowledge of any conspiracy to Anti-Piracy and Anti-Highway Robbery (PD 532)
commit treason against the government
3. He conceals/does not disclose and make PD 532 Art. 122
known the same as soon as possible to
governor/fiscal of province or mayor/fiscal of Committed by any person, Committed by strangers (non-
city in which he resides including a passenger or passengers or non-members)
117 1. By entering, without authority therefore, a member
Espionage warship, fort or naval or military Philippine waters Philippine waters or high seas
establishment or reservation to obtain any §4 – ACCOMPLICE:
information, plans, photographs or other data (a) Knowingly or in any manner
of a confidential nature relative to the defense aids or protects, or acquires or
of the Philippines receives property taken or in
a. Offender enters any of the places any matter derives any benefit
mentioned (b) Directly or indirectly abets
b. He has no authority therefore commission
c. His purpose is to obtain info, plans, etc.
of a confidential nature relative to
defense of RP
Robbery, Piracy and Mutiny
2. By disclosing to representative of a foreign
nation the contents of the articles, data, or Robbery Piracy Mutiny
information referred to in Par. No. 1 which he Robbery in an Offenders are Offenders members of
had in his possession by reason of the public Uninhabited Place – outsiders complement or passengers
office he holds if committed in Robbery Raise commotion or
a. Offender is a public officer banca/ raft by committed by protest or go against
b. He has in his possession the articles, etc. crewmember or outsiders lawful command of
by reason of the public office he holds passenger captain
c. He discloses their contents to a
representative of a foreign nation
Anti-Hijacking Law (RA 6235)

Aircraft
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Philippine Registry Change course or destination or usurping or


seizing control while in flight
Foreign Registry Land in any part of RP territory or usurping
or seizing control, while within RP territory
Passenger Aircraft Carrying or loading on board substances
Operating as Public that are corrosive, flammable, explosive or
Utility in RP poisonous
Cargo Aircraft Shipping or loading such substances in a
Operating as Public manner not in accordance with rules and
Utility in RP regulations of Air Transportation Office
Qualifying (1) firing upon the pilot, crew or passenger
Circumstances (2) exploding or attempting to explode any
bomb or explosive to destroy the aircraft
(3) committing crime accompanied by
murder, homicide, serious physical injuries,
or rape
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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TITLE II: CRIMES AGAINST THE 129 Acts Punished:


Search 1. Procuring a search warrant without just cause
FUNDAMENTAL LAWS OF THE STATE Warrants a. Offender is a public officer or employee
Maliciously b. Procures a search warrant
1. Arbitrary Detention Obtained c. There is no just cause
and Abuse 2. Exceeding authority or using unnecessary
2. Delay in Delivery of Detained Persons to Proper in Service of severity in executing a search warrant legally
Judicial Authorities Those procured
3. Delaying Release Legally a. Offender is a public officer or employee
4. Expulsion Obtained b. Legally procured a search warrant
5. Violation of Domicile c. Exceeds authority or uses unnecessary
severity in executing the same
6. Search Warrants Maliciously Obtained and Abuse in 130 1. Offender is a public officer or employee
Service of Those Legally Obtained Searching 2. Armed with search warrant legally procured
7. Searching Domicile without Witnesses Domicile 3. Searches domicile, papers or other belongings
8. Prohibition, Interruption and Dissolution of Peaceful Without of any person
Witnesses 4. Owner, or any member of his family, or 2
Meetings witnesses residing in the same locality are not
9. Interruption of Religious Worship present
10. Offending Religious Feelings 131 1. Offender is a public officer or employee
Prohibition, 2. He performs any of the following acts:
Interruption a. Prohibiting/interrupting, without legal
Elements , and ground, holding of a peaceful meeting, or
Dissolution by dissolving the same
Crime Elements of Peaceful b. Hindering any person from joining any
Meetings lawful association or attending any
124 1. Offender is a public officer or employee
meetings
Arbitrary 2. He detains a person
c. Prohibiting/hindering any person from
Detention 3. Detention is without legal grounds
addressing, either alone or together with
125 1. Offender is a public officer or employee
others, any petition to the authorities for
Delay in 2. Detained a person for some legal ground the correction of abuses or redress of
Delivery of 3. Fail to deliver person to proper judicial
grievances
Detained authorities:
132 1. Offender is a public officer or employee
Person to a. 12 hrs – light penalties or their equivalent
Interruption 2. Religious ceremonies or manifestations of any
Proper b. 18 hrs – corrective penalties or equivalent
of Religious religion are about to take place or are going on
Judicial c. 36 hrs – afflictive/capital or equivalent
Worship 3. Offender prevents or disturbs the same
Authorities
126 1. Offender is a public officer or employee
Qualifying Circumstance:
Delaying 2. Judicial/executive order for release of a
* if committed with violence or threats
Release prisoner or detention prisoner, or there is a
133 1. Acts complained of were performed:
proceeding upon a petition for the liberation
Offending In a place devoted to religious worship, or
of such person
the During celebration of any religious ceremony
3. Offender without good reason delays:
Religious 2. Acts must be notoriously offensive to the
a. service of notice of such order to the
Feelings feelings of the faithful
prisoner
b. performance of such judicial/executive
order for the release of the prisoner Comparisons
c. proceedings upon a petition for the
release of such person Arbitrary Detention (art. 124) Illegal Detention (art. 267)
127 1. Offender is a public officer or employee Public officers whose official Other kind of public officers,
Expulsion 2. He expels any person from RP or compels a duties give them the authority private individuals
person to change his residence to effect arrest and detain
3. Offender is not authorized to do so by law persons
128 Acts Punished: Intent to detain Intent to detain
Violation of 1. By entering any dwelling against the will of Detention at the outset unlawful
Domicile the owner thereof; or
2. By searching papers or other effects found
therein without the previous consent of such Arbitrary Detention (art. 124) Unlawful Arrest (art. 269)
owner; or Public officer authorized to Public officer/private
3. By refusing to leave the premises, after having arrest and detain individual
surreptitiously entered said dwelling and after Detention without lawful cause Feigned to arrest without legal
having been required to leave the same cause the purpose of which it to
file charge
Elements Common to the Three Acts: Detention is penalized Arrest is penalized
1. Offender is a public officer or employee
2. Not authorized by judicial order to enter Arbitrary Detention (art. 124) Delay in Delivery (art. 125)
dwelling and/or to make a search for papers No warrant of arrest No warrant of arrest
& other effects
No legal grounds With legal grounds

Art. 128 Art. 129 and 130


No warrant Warrant but maliciously
obtained or even if issued
regularly, abuse in
implementation
Officer can be held liable for
perjury
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Art. 131 Illegal Assembly (art. 146)


Assembly for legal purpose Assembly not for legal purpose
Officer not a member of May be a member of assembly
assembly

Art. 132 and 133 Unjust Vexation


Exercise of religious
manifestations, not quasi
religious ceremonies
132 – public officer
133 – anyone
Directed at religious belief itself Offensive to particular religion
and act is notoriously offensive only
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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TITLE III: CRIMES AGAINST PUBLIC ORDER Sedition 2. Employ force, intimidation, or other means
outside of legal methods
3. Objects:
1. Rebellion, Insurrection, Coup d’etat, Disloyalty of a. Prevent the promulgation or execution of
Public Officers, Sedition (Conspiracy, Proposal, any law or the holding of any popular
election
Incitement), b. Prevent the National Gov’t, or any
2. Crimes Against Proper Representation (Acts provincial or municipal gov’t, or any
Tending to Prevent the Meeting of Congress, public officer from freely exercising
Disturbance of Proceedings of Congress and Similar functions, or prevent the execution of any
Bodies, Violation of Parliamentary Immunity) administrative order
c. Inflict any act of hate/revenge upon
3. Illegal Assemblies and Illegal Associations person or property of any public officer
4. Direct Assault, Indirect Assault, Disobedience or employee
(Disobedience to Summons Issued by Congress, d. Commit, for any political or social end,
any act of hate/revenge against private
Resistance and Disobedience to Person in persons or any social class; and
Authority/Agent) e. Despoil, for any political or social end,
5. Public Disorders (Tumults and Other Disturbances any person, municipality or province, or
of Public Order, Unlawful Use of Means of the national gov’t of all its property or
any part
Publication and Unlawful Utterances, Alarms and
141 Conspiracy to Commit Sedition
Scandals 142 Acts Punished:
6. Delivering Prisoners from Jail, Evasion of Service of Inciting to 1. Inciting to Sedition to Accomplish its Objects:
Sentence, Evasion on Occasion of Disorders, Sedition a. Offender does not take direct part in the
Violation of Conditional Pardon crime of sedition
b. He incites others to the accomplishment
7. Quasi-Recidivism of any of the acts which constitute
sedition
Elements c. Inciting done by means of speeches,
proclamation, writings, emblems,
cartoons, banners, or other
Crime Elements
representations
134 Public uprising and taking arms against Gov’t 2. Uttering seditious words or speeches which
Rebellion or Purpose: tend to disturb the public peace
Insurrection a. remove from allegiance to said gov’t or 3. Writing, publishing or circulating scurrilous
laws: libels against gov’t tending to disturb the
territory of RP or any part thereof; or public peace
any body of land, naval or other armed a. Offender does not take direct part in
forces; or sedition
b. deprive Chief Executive or Congress, b. Commits acts of sedition (either 2 or 3)
wholly or partially, of their powers or 143 1. A projected or actual meeting of Congress and
prerogatives Acts similar bodies
134-A 1. Offender is person(s) belonging to the military Tending to 2. Offender may be any person
Coup d’etat or police or holding any public office or Prevent the 3. Prevents such meeting by force or fraud
employment Meeting of
2. Committed thru swift attack accompanied by Congress
violence, intimidation, threat, strategy or 144 A meeting of Congress and similar bodies
stealth Disturbance The offender does any of the following acts:
3. Attack directed against duly constituted of He disturbs any of such meetings
authorities of RP, or any military camp or Proceedings He behaves while in the presence of any such
installation, communication networks, public of Congress bodies in such a manner as to interrupt
utilities or other facilities needed for the its proceedings or to impair the respect
exercise and continued possession of power due it.
4. Purpose: seize or diminish state power 145 First Form
136 Conspiracy and Proposal to Commit Coup d’etat Violation of 1. Offender (any person) uses force,
Conspiracy Conspiracy to Commit Rebellion or Insurrection Parlia- intimidation, threats or fraud
and Proposal to Commit Rebellion or Insurrection mentary 2. Purpose: to prevent any member of Congress
Proposal Immunity from:
137 1. Offender is a public officer or employee a. Attending the meetings of Congress; or
Disloyalty 2. Commits any of the following acts of b. Expressing his opinion; or
of Public disloyalty: c. Casting his vote
Officers a. Failing to resist a rebellion by all the Second Form
means in their power; 1. Offender is a public officer or employee
b. Continuing to discharge the duties of 2. He arrests or searches any member of
their offices under the control of the Congress
rebels; 3. Congress is in regular or special session
c. Accepting appointment to office under 4. Member has not committed a crime
them punishable by penalty higher than prision
138 1. Offender does not take arms or is not in open mayor
Inciting to hostility against the government 146 1. Meeting attended by armed persons for the
Rebellion 2. Incites others to the execution of acts of Illegal purpose of committing any of the crimes in
rebellion Assemblies RPC
3. Inciting is done by means of speeches, a. a meeting, gathering or group of persons,
proclamations, writings, emblems, banners or whether in a fixed place or moving
other representations tending to the same end b. meeting is attended by armed persons
139 1. Offenders rise publicly and tumultuously c. purpose: commit any crime punished in
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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RPC official
2. Meeting in which the audience, whether 151 Resistance and Serious Disobedience (Par.1):
armed or not, is incited to the commission of Resistance 1. A person in authority or his agent is engaged
treason, rebellion or insurrection, sedition, or and in the performance of official duty or gives a
assault upon a person in authority or his Disobedienc lawful order to the offender
agents e to a Person 2. The offender resists or seriously disobeys such
a. meeting, a gathering or group of persons, in Authority person in authority or his agent
whether in a fixed place or moving or Agents of 3. The act of the offender is not included in the
b. audience, whether armed or not, incited Such Person provisions of Articles 148, 149, and 150
to commission of the crime of treason,
rebellion or insurrection, sedition or Simple Disobedience (Par. 2):
direct assault 1. An agent of a person in authority is engaged
147 Illegal Associations: in the performance of official duty or gives a
Illegal 1. Associations totally or partially organized for lawful order to the offender
Associations the purpose of committing any of the crimes 2. Offender disobeys agent of person in
punishable under the Code authority
2. Associations totally or partially organized for 3. Such disobedience is not of a serious nature
some purpose contrary to public morals 153 Tumults and Other Disturbances of Public Order:
148 Two Forms and Requisites: Tumults and 1. Causing any serious disturbance in a public
Direct 1. First form (rebellion by a handful of people) Other place, office or establishment
Assaults a. the offender employs force or Disturbance 2. Interrupting or disturbing performances,
intimidation s of Public functions or gatherings, or peaceful meetings,
b. the aim of the offender is to attain any of Order if the act is not included in Articles 131 and
the purposes of the crime of rebellion or 132
any of the objects of crime of sedition 3. Making any outcry tending to incite rebellion
c. there is no public uprising or sedition in any meeting, association or
2. Direct Assault (laying hands on person in public place
authority) 4. Displaying placards or emblems which
provoke a disturbance of public order in such
Simple Assault: place
1. offender makes an attack, employs force, 5. Burying with pomp the body of a person who
makes a serious intimidation, or makes a has been legally executed
serious resistance
2. person assaulted is person in authority or his Qualifying Circumstances: if tumultuous in
agent character
3. at the time of the assault the person in
authority or his agent is engaged in the actual Tumultuous – the disturbance or interruption shall
performance of official duties, or that he is be deem as such if caused by more than three
assaulted by reason of the past performance of persons who are armed or provided with means of
official duties violence
4. offender knows that the one he is assaulting is 154 Acts Punished
a person in authority or his agent in the Unlawful 1. Publishing or causing to be published, by
exercise of his duties Use of means of printing, lithography or any other
5. there is no public uprising Means of means of publication, as news any false news
Publication which may endanger the public order, or
Qualified Assault and cause damage to the interest or credit of the
1. when the assault is committed with a weapon Unlawful State
2. when the offender is a public officer or Utterances 2. By encouraging disobedience to the law r to
employee the constituted authorities or by praising,
3. when offender lays hands upon person in justifying or extolling any act punished by
authority law, by the same means or by words,
149 1. Person in authority or his agent is the victim utterances or speeches
Indirect of any of the forms of direct assault defined in 3. By maliciously publishing or causing to be
Assaults Article 148 published any official resolution or document
2. Person comes to the aid of authority or his without proper authority, or before they have
agent been published officially
3. Offender makes use of force/intimidation 4. By printing, publishing or distributing (or
upon person coming to the aid of authority or causing the same) books, pamphlets,
his agent periodicals, or leaflets which do not bear the
150 Acts Punishable: real printer’s name, or which are classified as
Disobedienc 1. By refusing, without legal excuse, to obey anonymous
e to summons of Congress, its special or standing 155 Acts Punished as Alarms and Scandals:
Summons committees and subcommittees or divisions, Alarms and 1. Discharging firearm, rocket, firecracker, or
Issued by or by any commission or committee chairman Scandals other explosive within any town/public place,
Congress, its or member authorized to summon witnesses calculated to cause (which produces) alarm or
Committees, 2. By refusing to be sworn or placed under danger
etc. affirmation while being before such legislative 2. Instigating or taking an active part in any
or constitutional body or official charivari or other disorderly meeting
3. By refusing to answer any legal inquiry or to offensive to another or prejudicial to public
produce any books, papers, documents, or tranquility
records in his possession, when required by 3. Disturbing the public peace while wandering
them to do so in the exercise of their functions about at night or while engaged in any other
4. By restraining another from attending as a nocturnal amusements
witness in such legislative or constitutional 4. Causing any disturbance or scandal in public
body places while intoxicated or otherwise,
5. By inducing disobedience to a summons or provided Article 153 is not applicable
refusal to be sworn by any such body or 156 1. Person confined in a jail or penal
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Delivering establishment ingredient


Prisoners 2. Offender removes therefrom such person, or * Cannot be prosecuted for illegal possession of firearm because it is
from Jail helps the escape of such person absorbed

Qualifying Circumstance Rebellion/Sedition Inciting to Rebellion or Sedition


* offender’s act of employing bribery as a “means”
Must take part in crime Civilians who do not take part
of removing or delivering the prisoner from jail,
and not the offender’s act of receiving or agreeing
to receive a bribe as a consideration fro committing Tumults (art. 153) Inciting to Direct Assaults
the offense Sedition (art. 148)
157 1. Offender is a convict by final judgment (art. 142)
Evasion of 2. Sentence consists in deprivation of liberty Intent: disturb public Acts employed in
Service of 3. Evasion by escaping during the term of performance or create 142
Sentence sentence disturbance in a public Objectives in 139
Qualifying Circumstances: place
1. unlawful entry (by scaling); Rise publicly No public
2. breaking doors, windows, gates, walls, roofs and tumultuously uprising
floors;
3. using picklocks, false keys, disguise, deceit, Illegal Assemblies and Associations
violence, or intimidation; or
4. thru connivance with other convicts or
employees of penal institution Illegal Assemblies Illegal Associations
158 1. Offender is a convict by final judgment, who Mere gathering for Forming of illegal org’n, association,
Evasion on is confined in a penal institution unlawful purpose which corporation for criminal activities
Occasion of 2. Disorder, result of: conflagration, earthquake, must relate to crime in prohibited by RPC and SPL or any
Disorders explosion, similar catastrophe, or mutiny in RPC act prejudicial to public welfare
which he has not participated RPC only RPC and SPL
3. Offender evades service of his sentence by If offense punishable
leaving the penal institution where he is under SPL, no illegal
confined, on the occasion of such disorder or assembly
during the mutiny
4. Offender fails to give himself up to the Direct Assault
authorities within 48hrs following issuance of
proclamation by the chief executive If made while in performance of PA’s duty, crime is
announcing passing away Direct Assault, whatever his reason may be for
159 1. Offender was a convict attacking.
Violation of 2. Granted conditional pardon by Chief Must be while acting within the SCOPE of his authority
Conditional Executive
Pardon 3. He violated any of the conditions of such
If made when OFF DUTY, motive must be determined:
pardon Direct Assault – if attack related to past
performance
160 Commission of Another Crime During Service of No Direct Assault – if no such reason
Quasi- Penalty Imposed for Another Previous Offense
Recidivism 1. The offender was already convicted by final
judgment of one offense Person in Authority – any person directly vested with
2. He committed a new felony before beginning jurisdiction, whether as an individual or as a member of
to serve such sentence or while serving the some court or governmental corporation, board or
same
commission
Rebellion, Coup d’etat, Sedition (e.g. barangay chairman, members of Lupong
Tagapagkasundo, teachers, lawyers and heads of schools)
Rebellion and Common Crimes
New Doctrine: Offenders may be charged for “common Agent of Person in Authority – one who, by direct
crimes” (e.g. murder, homicide, arson, and other provision of law, election or appointment by competent
felonies that may be conceivably committed in the authority, is charged with maintenance of public order
course of the rebellion) separately from rebellion and the protection and security of life and property
and insurrection. (e.g. barrio vice-lieutenant, barrio councilman & barrio
Former doctrine (Hernandez, Enrile, etc.): rebellion policeman, and any person who comes to the aid of PA)
absorbs common crimes; Article 48 cannot be
invoked Felonies Committed with Direct Assault
Generally, DA is complexed with other crimes resulting
Rebellion Coup d’etat
Rising publicly Swift attack from the assault. Only ONE information is prepared.
Multitude of people Singly or collectively exception: slight physical injuries (inherent in direct
Does not require Require principal participants to be assault)
AFP, PNP, etc.
Overthrow government Destabilize, immobilize or paralyze Laying of Hands
gov’t
Direct Assault Less Serious Physical Injuries
Always force and Not limited to force and violence
Crime: Direct Assault Qualifying circumstance to lay hands
violence
with Less Serious PI upon person in authority
By reason of being PA or Not be reason of his being a person in
Rebellion Sedition performance of his authority
Political Political/social function
Use of firearm essential Use of firearm not an essential
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Not a PA Aggravating circumstance (art. 14(2)) prisoner sentence by final Prisoner serving
PA Direct Assault judgment sentence by final
judgment
Direct Assault vs. Resistance or Serious Disobedience
Direct Assault Resistance or Serious Mutiny
Disobedience Revolt of subordinates against superiors. Does not
PA or A must be engaged in PA or A must be in actual include riot (prisoners are not subordinates).
performance of official duties or performance of duties
assaulted by reason thereof
Committed in 4 ways: Committed in 2 ways: Evasion in Article 158
Attack, Resisting Failure to return. Premium for those who return:
Force, Seriously Disobeying
Serious intimidation, or Leaving without returning 1/5 addition to remaining
Serious resistance within time prescribed sentence but not more than 6 mos.
Force employed – serious and Force employed – not so (1/5 x balance of the sentence to be
deliberate serious, as there is no manifest served)
intention to defy the law Not leaving No deduction
When the one resisted is PA, the If no force is employed by the Leaving and returning 1/5 deduction from sentence
use of any kind or degree of offender in resisting or within time prescribed (1/5 x original sentence)
force will give rise to direct disobeying, the crime
assault committed is resistance
Conditional Pardon
Public Disorders
Substantive offense If penalty remitted is 6 years or
less, there is a new penalty
1. must not fall under Articles 131 and 132 (only public imposed
officers can commit these crimes) Not substantive offense If penalty remitted is more than 6
2. disturbance must be serious, if not serious the crime years, as the penalty for violation
is merely to serve the balance
is alarms and scandals
3. if criminal intent at the OUTSET is to incite listeners
to rebellion or sedition, it is not public disorders Summary

Delivery of Evasion of Infidelity in Custody of


Alarms and Scandals Prisoners from Service of Prisoner
Jail Sentence (Arts. 223-225)
Charivari – mock serenade where the offender actually (Art. 156) (Art. 157)
disturbs the peace by using cans, pans, utensils, etc. (1) By detention (1) By prisoner in (1) By public officer who
prisoner if he confinement by consented or connived
knew of the plan final judgment in the escape of convict
Variant Crimes that can Arise from Discharge of to make him (2) prisoner not in or detention prisoner
Firearms escape confinement by and is the custodian of
Alarms and Discharge of firearm in public place but not (2) by a convict final judgment the prisoner
Scandals pointed to a particular person whose conviction (e.g. destierro) (2) public officer
Illegal Discharge of Directed to particular person who was not is not yet final or custodian whose
Firearms hit if intent to kill is not proved on appeal negligence caused the
Attempted If person was hit, automatically, crime is (3) by a person evasion
Homicide/Murder attempted homicide/murder if with intent rescuing the (3) private person to
to kill prisoner from jail whom the custody of the
Physical Injuries Person was hit and injured but no intent to who is not the prisoner was confided
kill custodian and who consented,
Threat Weapon not discharged but pointed to who may be a connived, or was
another civilian or a PO negligent
not the custodian
Other Light Threat Drawn in a quarrel but not in self-defense
Grave Coercion Threat was immediate, direct and serious
and person is compelled or prevented to do Quasi-Recidivism
something against his will
Special aggravating circumstance that must be alleged in
the complaint
Variant Crimes in Creating Noise/Annoyance
Alarms and Scandals Public in general
Unjust Vexation Directed to a particular
person

Evasion of Service of Sentence

Delivery of Evasion of Infidelity in Custody of


Prisoners from Service of Prisoner
Jail Sentence (Arts. 223-225)
(Art. 156) (Art. 157)
Offender not Offender is custodian
custodian of who connived in escape
prisoner or was negligent
Detention Prisoner serving Detention Prisoner
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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TITLE IV: CRIMES AGAINST PUBLIC INTEREST Possession falsified by another person
and use of 2. Knowledge that it is forged or falsified
False 3. He performs any of these acts:
1. Forgeries (Forging Seal of Gov’t, Signature or Stamp Treasury or a. using any such forged or falsified
of Chief Executive; Counterfeiting Coins; Forging Bank Notes instruments
and Other b. possessing with intent to use any of such
Treasury or Bank Notes, Obligations and Securities, Instruments forged or falsified instruments
Importing and Uttering False or Forged Notes, of Credit
Obligations and Securities; Falsification of 170 1. A bill, resolution, ordinance is enacted or
Legislative, Public, Commercial and Private Falsification approved or pending approval in legislative
Documents, and Wireless Telegraph and Telephone of body
Legislative 2. Offender alters the same
Messages; Falsification of Medical Certificates, Documents 3. No proper authority
Certificates of Merit and the Like; Manufacturing, 4. Alteration changed the meaning of the
Importing and Possession of Instruments or document
Implements Intended for Commission of 171 1. Offender is public officer, employee, notary
Falsification public
Falsification) by Public 2. He takes advantage of his official position
2. Other Falsities (Usurpation of Authority, Rank, Title, Officer, 3. He falsifies by committing any of the ff acts:
and Improper Use of Names, Uniforms and Insignia; Employee, a. Counterfeiting or imitating (feigning)
False Testimony) or Notary or any handwriting, signature or rubric
Ecclesiastica i. intent to imitate, or attempt to
3. Frauds (Machinations, Monopolies and l Minister imitate
Combinations; Frauds in Commerce and Industry) ii. genuine and forged signatures bear
some resemblance to each other
Crime Elements b. Causing it to appear that persons have
participated in any act or proceeding
161 Acts Punished: when they did not in fact so participate
Forging the 1. Forging the Great Seal of the Government of c. Attributing to persons who have
Seal of the the Philippines participated in an act or proceeding
Gov’t, 2. Forging the signature of the president statements other than those in fact made
Signature or 3. Forging the stamp of the president by them
Stamp of the d. Making untruthful statements in a
Chief narration of facts
Executive * legal obligation to disclose the truth of
162 1. That the Great Seal of RP was counterfeited or the facts narrated by him
Using the signature or stamp of Chief Executive was e. Altering true dates
Forged forged by another person f. Making any alteration/intercalation in a
Signature or 2. The offender knew of the counterfeiting or genuine document changing its meaning
Counterfeit forgery * change made document speak something
Seal or 3. He used counterfeit seal/forged signature or false
Stamp stamp g. Issuing in authenticated form a
163 1. There be false or counterfeited coins document purporting to be a copy of any
Making and 2. Offender either made, imported or uttered original document when no such original
Importing coins exists, or including in such copy a
and Uttering 3. That in case of uttering such false or statement contrary to, or different from
False Coins counterfeited coins, he connived with that of genuine original
counterfeiters/importers h. Intercalating any instrument or note
164 Acts Punished: relative to the issuance thereof in a
Mutilation 1. Mutilating coins of legal currency, with intent protocol, registry or official book.
of Coins to damage or to defraud another 4. If offender is ecclesiastical minister,
2. Importing or uttering mutilated coins, with falsification is committed on
connivance with mutilator/importer in record/document of such character that
uttering falsification may affect civil status of persons
165 1. Possession of coin, counterfeited or mutilated 172 Acts Punished and Their Requisites:
Selling of by another person, with intent to utter the Falsification 1. Falsification of public, official or commercial
False or same, knowing that it is false or mutilated by Private document by a private individual
Mutilated 2. Actually uttering such false or mutilated Individuals a. offender is private individual or public
Coins, coins, knowing the same to be false and and use of officer or employee who did not take
Without mutilated Falsified advantage of his official position
Connivance Documents b. any of the acts of falsification in Article
166 Acts Punishable: 171
Forging 1. Forging or falsification of treasury or bank c. public or official or commercial
Treasury or notes or other documents payable to bearer document
Bank Notes 2. Importation of such false/forged 2. Falsification of private document by any
or Other obligations/notes person
Documents 3. Uttering of such false or forged obligations or a. offender committed any of the acts of
Payable to notes in connivance with the forgers or falsification, except those in ¶ 7, in Article
Bearer importers 171
167 1. There be an instrument payable to order or b. committed in any private document
Counter- other document of credit not payable to bearer c. damage to 3rd party or intent to cause
feiting 2. Offender either forged, imported or uttered damage
Instruments such 3. Use of falsified document
Not Payable 3. In case of uttering, he connived with forger / a. knowledge of falsification
to Bearer importer b. false document is embraced in Article
168 1. That any instrument payable to bearer, or any 171 or in any subdivision no. 1 or 2 or
Illegal instrument payable to order is forged or Article 172
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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c. he introduced document in evidence in Testimony b. By making a false affidavit


any proceeding (judicial or otherwise) in Other 2. Elements of Perjury
d. in other proceedings (NOT judicial), Cases and a. Accused made a statement under oath or
damage to 3rd person or intent to cause Perjury in executed an affidavit upon a material
damage Solemn matter
173 Acts Punishable Affirmation b. Made before a competent officer,
Falsification 1. Uttering fictitious wireless, telegraph, authorized to receive and administer
of Wireless, telephone message oath
Cable, a. Offender is officer/employee of gov’t or c. Accused made a willful and deliberate
Telegraph private corporation, engaged sending or assertion of a falsehood; and
and receiving wireless, cable, telephone d. Sworn statement/affidavit is required by
Telephone message law
Messages b. Offender commits any of the following 184 1. Offer in evidence of false witness or false
acts: Offering testimony
i. uttering fictitious message False 2. Knowledge of falsity
ii. falsifying message Testimony 3. Offer was made in a judicial or official
2. Falsifying wireless, telegraph or telephone in Evidence proceeding
message 185 1. Soliciting any gift or promise as a
* same as above Machina- consideration for refraining from taking part
3. Using such falsified message tions, in any public auction
a. knowledge of falsification Monopolies, 2. Attempting to cause bidders to stay away
b. use of such falsified dispatch and from an auction by threats, gifts, promises or
c. prejudice to 3rd party, or intent to cause Combina- other artifice
such tions * in both cases, intent to cause the reduction of the
174 Falsification of Medical Certificates, Certificates price of the thing auctioned
of Merit or Service 186 Acts Punished as Monopolies:
175 1. falsification as in art. 174 Monopolies 1. Combination to prevent free competition in
Using False 2. knowledge and the market
Certificates 3. use Combinatio 2. Monopoly to restrain free competition in the
176 Acts Punished: ns in market
Mnftg and 1. Making or introducing in RP implements for Restraint of 3. Manufacturer, producer, or processor or
Possession counterfeiting or falsification Trade importer combining, conspiring or agreeing
of 2. Possessing with intent to use made in or with any person to make transactions
Implements introduced into RP by another person prejudicial to lawful commerce or increase
for market price of merchandise
Falsification 187 1. Offender imports, sells, or disposes of any of
177 Two Ways of Committing the Crime: Importation those articles or merchandise
Usurpation 1. Usurpation of Authority – knowingly and and 2. Stamps, brands, or marks fail to indicate the
of Authority falsely representing oneself to be officer, agent Disposition actual fineness or quality of said metals or
or Official or representative of RP gov’t or any foreign of Falsely alloys
Functions gov’t Marked 3. Knowledge
2. Usurpation of Official Functions – performing Articles
any act pertaining to any person in authority 188 Repealed by RA 8293 (Intellectual Property Code)
or public officer of RP gov’t or foreign gov’t, 189 Repealed by RA 8293 (Intellectual Property Code)
under false pretense, and without authority
178 Using Fictitious Name
Using 1. Offender uses a name other than his real name
Forgeries
Fictitious 2. He uses that fictitious name publicly
Name and 3. Purpose: (a) conceal a crime, (b) evade Counterfeiting Coins
Concealing execution of judgment, or (c) cause damage to  Counterfeiting – imitation of a legal or genuine
True Name public interest
Concealing True Name
coin; imitation of the peculiar design of a genuine
1. Offender conceals true name, other coin
circumstances
2. Purpose: only to conceal his identity Forgery
179 1. Offender makes use of insignia, uniform or
Illegal Use dress  Forgery – giving to treasury/bank note or any
of Uniforms 2. Such pertains to an office not held by offender instrument payable to bearer or to order the
or Insignia or to a class of persons of which he is not a appearance of a true and genuine document; to
member forge an instrument is to make false instrument
3. Such is used publicly and improperly
180 1. Criminal proceeding
intended to be passed for the genuine one
False 2. Offender testifies falsely under oath against  Forgery is committed only on treasury and bank
Testimony the defendant therein notes.
Against a 3. Offender knows that it is false
Defendant 4. Defendant either acquitted or convicted
181 False Testimony Favorable to Defendant Falsification
182 1. Civil case Falsification Perjury
False 2. Testimony must relate to issues presented in Documents may or may not be Document must be under oath
Testimony case under oath (required by law to be under
in Civil 3. That the testimony must be false oath)
Cases 4. Knowledge of falsity Contents may be true but Contents in its material aspect
5. Malicious, with intent to affect issues signature is false must be deliberately false
presented
183 1. Two ways of Committing Perjury Complex Crime of Estafa through Falsification
False a. By falsely testifying under oath; and
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 If public or official or commercial document falsified


to commit estafa – complex crime
 If private document – no complex crime (either
estafa or falsification)
Estafa Falsification
If estafa can be committed If falsification is essential in
even without resorting to the commission of estafa
falsification, and falsification such that without
was resorted to only to falsification, estafa cannot be
facilitate estafa committed

Other Falsities

Usurpation of Authority
Article 177 RA 10
False pretense With or without pretense

Using Fictitious Name


CA 142 (Regulating the Use of Aliases)
§1. Except as pseudonym (entertainment purposes and athletic
events), no person shall use name other than original or real name
unless recorded in LCR or authorized in court
§2. Person desiring to use alias shall apply for judicial authority.
No person allowed to secure judicial authority for more than one
alias.
Requires public use and habituality

Perjury
 Subornation of Perjury – act of a person of
procuring a false witness to testify and commit
perjury; witness must first be convicted of perjury
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TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER Manufacture Any person who shall deliver, possess with intent
or Delivery to deliver, or manufacture with intent to deliver
PROHIBITED DRUGS of equipment, instrument, apparatus and other
Equipment, paraphernalia for DD, knowing, or under
Comprehensive Dangerous Drugs Act of 2002 (RA Instrument, circumstances where one reasonably should know
Apparatus, that it will be used
9165) and other 1. to plant, propagate, cultivate, grow, harvest,
Paraphernali manufacture, compound, convert, produce,
Crime Persons Punished/Elements a for DD process, prepare, test, analyze, pack, repack,
Importation 1. importer/bringer of DD and/or CP and EC, and/or CP store, contain or conceal any DD and/or CP
§4 unless authorized by law, regardless of quantity and EC and EC
and purity §10 2. to inject, ingest, inhale or otherwise introduce
2. financier into the human body (lower penalty)
3. protector/coddler
Qualifying Circumstance
Qualifying Circumstance (Maximum Penalty) * use of minor or mentally incapacitated to deliver
* Use of a diplomatic passport/facility or any other Possession Any person, unless authorized by law, who shall
means involving official status intended to facilitate of DD possess DD in the required quantities, regardless of
unlawful entry of the same §11 degree of purity
Sale, 1. any person who shall sell, trade, administer,
Trading, dispense, deliver, give away to another, Qualifying circumstance: §13
Adminis- distribute, dispatch in transit or transport Possession Any person, unless authorized by law, who shall
tration, 2. broker of possess or have under control any equipment, etc.
Dispensatio 3. financier Equipment, fit or intended for smoking, consuming,
n, Delivery, 4. protector/coddler Instrument, administering, injecting, ingesting or introducing
Distribution Apparatus any DD into the body
, Transpor- Qualifying Circumstances (Maximum Penalty) and other
tation 1. within 100m from a school Parapher- Prima Facie Evidence of Use – possession
§5 2. use of minors or mentally incapacitated as nalia for DD
runners, courier and messengers, or in any §12 Qualifying circumstance: §14
other capacity directly connected to DD §13 Possession of DD during Parties, Social
and/or CP and EC Gatherings, or Meetings
3. victim is a minor or mentally incapacitated Any person found possessing any DD, regardless
4. DD/CP and EC proximate cause of death of of quantity and purity
victim 1. during a party, social gathering or meeting, or
Maintenanc 1. Maintainer, owner and/or operator 2. in the proximate company of at least two
e of Den, * requires intent to use property for such persons
Dive or purpose §14 Possession of E, I, A and other P for DD during P,
Resort 2. financier SG or M
§6 3. protector/coddler Use of DD A person apprehended and arrested, found
§15 positive for use of DD, after confirmatory test
Qualifying Circumstances 1. 1st offense – subject to 6 mos. Rehabilitation
1. DD administered, delivered or sold to minor 2. 2nd – 6 years 1 day to 12 years and P50K to P200K
who is allowed to use the same in such place
(maximum penalty) Not applicable: if §11 (possession) is applicable
2. Proximate cause of death (increased penalty) §16 Cultivation or Culture of Plants Classified as DD
Employees 1. Employee who is aware of nature of the place or are Sources Thereof
and Visitors as such 1. Any person who shall plant, cultivate, or
of Den, Dive 2. Any person who is aware of the nature of the culture
or Resort place as such and knowingly visits the same 2. financer
§7 3. protector/coddler
Manufacture 1. Manufacturer, unless authorized by law
of DD 2. Financier Qualifying circumstance: land part of public
and/or CP 3. Protector/coddler domain
and EC §17 Maintenance and Keeping of Original Records of
§8 * Prima Facie Proof of Manufacture: presence of Transactions on DD and/or CP and EC
any CP and EC or lab equipment in clandestine Practitioner, manufacturer, wholesaler, importer,
laboratory distributor, dealer or retailer who violates or fails
to comply with maintenance/keeping
Aggravating Circumstances §18 Unnecessary Prescription of DD
1. conducted in presence or with help of Practitioner
minor(s) Unlawful Any person, unless authorized by law, who shall
2. within 100m of residential, business, church, Prescription make or issue a prescription or other writing
or school premises of DD purporting to be a prescription for any dangerous
3. clandestine lab secured or protected with §19 drug
booby traps Attempt or 1. importation
4. clandestine lab concealed with legit business Conspiracy 2. sale, trading, administration, dispensation,
operations §26 delivery, distribution, transportation
5. employment of practitioner, chemical 3. maintenance of den, dive, resort where used
engineer, public official or foreigner 4. manufacture
§9 Illegal Chemical Diversion of CP and EC 5. cultivation/culture of plant sources
Illegal diverter (any person), unless authorized by
law
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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Criminal 1. Misappropriation, misapplication or failure to d. Misappropriation, misapplication or failure by a


Liability of account for confiscated, seized and/or public officer/employee to account etc.
Public surrendered DD, plant sources of DD, CP and
Officer or EC, Instruments, Paraphernalia and/or Lab e. Planting
Employee Equipment including proceeds or properties f. Violation of any regulation issued by DD Board
§27 obtained form unlawful act committed g. Issuance of false/fraudulent drug test results
2. elective local or national official who benefited h. Violation of confidentiality of records
from proceeds of trafficking or received any
financial or material contributions or i. Refusal of members of law enforcement agencies
donations or any gov’t official/employee to testify as
Planting Any person planting DD, regardless of quantity prosecution witness in DD cases
Evidence and purity (punishable by DEATH) j. Delay and Bungling in Prosecution of drug cases
§28
5. Qualifying/Aggravating Circumstances
§32 Violation of any Regulation issued by Board a. crime committed under influence of drugs –
§37 Issuance of False or Fraudulent Drug Test Results
Person authorized, licensed or accredited who
qualifying circumstance and rules under RPC
issues knowingly or willfully or thru gross apply
negligence b. Possession of DD during parties, social
Significant Changes gatherings or meetings – aggravating in §11
1. Penalties c. Possession of equipment, etc. during parties,
a. Penalties under SPL revived (e.g. life social gatherings or meetings – aggravating in
imprisonment) and the nomenclature of RPC §12
were deleted from law
Except: MINOR OFFENDERS – imposable Nature of Violations
penalty will become RP to Death, provided:  Malum prohibitum
(1) offender is a minor, and Definitions
(2) violation is punished with LI to Death  Drug Dependence – state of psychic or physical
* treated as crime punishable under RPC in dependence or both, on a DD, arising in a person
ISL following administration or use of that drug on a
b. Penalty is no longer based on quantity involved periodic or continuous basis
Except in case of POSSESSION  Use – refers to act of injecting, intravenously or
c. Use of dangerous drugs now has a graduated intramuscularly, or of consuming, either by
penalty chewing, smoking, sniffing, eating, swallowing,
d. Accessory penalties; Such rights are also drinking, or otherwise introducing into the
suspended during pendency of appeal from physiological system of the body, any of the
conviction dangerous drugs
2. Classification of Drugs – now “Dangerous Drugs” * a drug dependent is not criminally liable for
and “Controlled Precursors and Essential violation of §15 (Use); this does not apply to a
Chemicals” person who “occasionally uses” the drug, as it is
3. New Offenders not the same as “drug dependence”
a. Financier – any person who pays for, raises or  Delivery – person’s act of knowingly passing a
supplies money for, or underwrites any of the dangerous drug to another personally or otherwise,
illegal activities prescribed under the Act and by any means, with or without consideration
b. Protector/Coddler – any person who knowingly (necessarily involves knowledge otherwise not
and willfully consents to unlawful acts and uses liable)
his influence, power or position in shielding,  Screening Test – rapid test performed to establish
harboring, screening or facilitating the escape of potential/presumptive positive result
any person he knows or has reasonable grounds  Confirmatory Test – analytical test using a device,
to believe or suspects, has violated CDDA in tool, or equipment with a different chemical or
order to prevent arrest, prosecution and physical principal that is more specific which will
conviction of violator validate and confirm result of the screening text
4. New Offenses
 Drug Syndicate – organized group of 2 or more
a. Illegal chemical diversion of controlled
persons forming or joining together with intention
precursors and essential chemicals
of committing any offense proscribed under this act
b. Failure to maintain and keep original records or
 Planting of Evidence – will act of maliciously and
transactions on DD and/or CP and EP
c. Attempt or conspiracy to commit any of the ff: surreptitiously inserting, placing or adding or
attaching directly or indirectly, thru any over or
1) importation
covert act, whatever quantity of any DD and/or CP
2) sale, trading, administration,
and EC in person, house, effects or in the immediate
dispensation, delivery, distribution,
vicinity of an innocent individual for the purpose of
transportation
implicating, incriminating or imputing the
3) maintenance of den, dive, resort where
used commission of any violation of this act
4) manufacture
Prohibited Quantities
5) cultivation/culture of plant sources
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Drug Quantity
Opium 10 grams or LI to Death and P500K to P10M Voluntary Submission
more
Morphine 10 grams or LI to Death and P500K to P10M  drug dependent who violated §15 may, by
more himself/herself or thru his/her parent, spouse,
Heroin 10 grams or LI to Death and P500K to P10M guardian or relative within 4th degree of
more consanguinity or affinity apply to Board for
Cocaine 10 grams or LI to Death and P500K to P10M
more
treatment and rehabilitation
Shabu 50 grams or LI to Death and P500K to P10M  not less than 6 mos. But not exceeding 1 year
more  if rehabilitated and exempt: see requirements below
Marijuana 10 grams or LI to Death and P500K to P10M  if rehabilitated but not exempted from liability:
Resin or more
Resin Oil charged under CDDA but placed on probation and
Marijuana 500 grams or LI to Death and P500K to P10M undergo community service in lieu of imprisonment
more and/or fine
Other DD 10 grams or LI to Death and P500K to P10M  if not rehabilitated after 2nd commitment: charged
more
with violation of §15; if convicted, entitled to credit
Shabu 10 grams or LI and P400K to P500K of period of confinement in rehabilitation
more but less
than 50 grams Exemption from Criminal Liability under Voluntary
Marijuana 300 grams or 20 years 1 day to LI and P400K to Submission
more but less P500K
than 500 grams 1. complied with rules and regulations of center,
Other DD 5 grams or more 20 years 1 day to LI and P400K to applicable rules and regulations of board
but less than 10 P500K 2. never been charged or convicted under CDDA,
grams DDA of 1972, RPC or any SPL
Marijuana Less than 300 12 years 1 day to 20 years and
grams P300K to P400K 3. no record of escape from center, unless he did
Other DD Less than 5 12 years 1 day to 20 years and escape but surrendered within 1 week
grams P300K to P400K 4. poses no serious danger to self, family, community

Certain Provisions Compulsory Confinement


 plea-bargaining not allowed (§23)  drug dependent, upon petition by Board or any
 probation law not allowed for drug trafficking or person authorized by board, shall be confined for
pushing, regardless of penalty imposed by court rehabilitation
(§24)  suspension of proceedings and transmittal of record
 positive finding for the use of DD shall be a to Board: if drug dependent and offense charged is
qualifying aggravating circumstance and the less than 6 years and 1 day
application of the penalty provided for in RPC shall  if rehabilitated: returned to court and prosecution
be applicable (§25) shall be instituted or shall continue; in case of
 attempt or conspiracy in certain acts are punishable conviction: full credit of period in rehabilitation if he
(§26) was in good behavior
 if committed by government officials and  if rehabilitation and offense is under §15 and
employees: qualifying circumstance in all unlawful accused not a recidivist: penalty deemed served in
acts (§28) rehabilitation upon release therefrom
 if committed by partnership, corporation,
association or other juridical entity: partner, Prescription
president, director, manager, trustee, estate  prescription of offense does not run while under
administrator or officer who consents to or rehabilitation
knowingly tolerates violation (co-principal) (§30) or
use of vehicle, etc, as instrument in importation, etc. Actions Taken Upon Minor Drug Violator
(§30) 1. suspended sentence – first timer
 if committed by alien: deported immediately unless 2. probation or community service – first timer
penalty is death (§31) 3. service of sentence as any other convicted person – if
 immunity from prosecution/punishment – any violation of conditions of suspended sentence or
person who has violated §§7, 11, 12, 14, 15, 19 who rules and regulations
voluntarily gives information about any violation of
§§4, 5, 6, 8, 10, 13 and 16 as well as any violation of Suspension of Sentence of First Time Minor Offender
offenses mentioned if committed by drug syndicate,  over 15 at the time of commission but not more than
or any information of whereabouts, identities and 18 at the time when judgment should have been
arrest of such members; and who willingly testifies promulgated
(§33)  conditions:
 accessory penalties (§35) 1) not previously convicted under CDDA, DDA,
RPC, SPL
Drug Rehabilitation 2) not been previously committed to rehabilitation
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3) Board favorably recommends suspension of


sentence
4) may be availed of only once
 under 15 – PD 603

Limited Applicability of RPC


GR: RPC not applicable
Except: minor offenders – penalty imposable is RP to
death if penalty prescribed is LI to death
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TITLE VI: CRIMES AGAINST PUBLIC MORALS Moral – conformity with the generally accepted
standards of goodness or rightness in conduct or
1. Gambling and Betting character
2. Grave Scandal
3. Immoral Doctrines and Indecent Shows Obscene – something offensive to chastity, decency,
4. Vagrants and Prostitutes delicacy

Crime Elements RA 3060 Article 201


Public exhibition of motion Public showing of indecent or
200 1. Offender performs an act(s) picture not previously passed immoral plays, scenes, acts, or
Grave 2. Auch act(s) be highly scandalous as offending by Board of Censors shows, not just motion pictures
Scandal against decency or good customs Malum prohibitum Malum in se
3. The highly scandalous conduct is not
expressly falling within any other article of
this Code Vagrancy
4. Act or acts complained of be committed in a
public place or within the public knowledge Variant Crimes in Loitering
or view Vagrancy If estate is not enclosed or fenced, because
201 Publicity is essential privacy is not maintained in such case
Immoral Trespass to Estate or premises is uninhabited and there is
Doctrines, Those Liable: Property manifest prohibition of the owner or overseer
Obscene 1. Those who shall publicly expound or against entry
Publications proclaim doctrines openly contrary to public Theft Person enters fenced or enclosed estate without
and morals (Attempted, consent of owner or overseer to hunt, fish or
Exhibitions, 2. Authors of obscene literature, published with Frustrated or gather plant products
and their knowledge in any form, the editors Consummated)
Indecent publishing such literature; and the
Shows owners/operators of the establishment selling
the same
3. Thos who, in theaters, fairs, cinematographs,
etc., exhibit indecent or immoral plays, scenes,
acts, etc. it being understood that the obscene
literature or indecent or immoral lays, etc.
whether in live or in file, which are proscribed
by virtue hereof
4. Those who shall sell, give away, or exhibit
films, prints, engravings, sculptors, etc. which
are offensive to morals
202 Vagrants:
Vagrants 1. Any person having no apparent means of
and subsistence, who has physical ability to work
Prostitutes and who neglects to apply himself to some
lawful calling
2. Any person found loitering about public or
semi-public buildings or places, or tramping
or wandering about the country or the streets
without visible means of support
3. Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes
4. Any person who, not being included in the
provision of other articles of this Code, shall
be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose
5. Prostitute – a woman who, for money or
profit, habitually indulge in sexual intercourse
or lascivious conduct

Grave Scandal
 consists of acts which are offensive to decency and
good customs which, having been committed
publicly, have given rise to public scandal to persons
who have accidentally witnessed the same
 must be directed against sense of decency, not
property
 committed in public place or in public view
Immoral Doctrines
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TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS do, in consideration of gift or promise

Elements:
1. Malfeasance and Misfeasance 1. Offender is a public officer
2. Bribery 2. Offender accepts an offer or a promise or
receives a gift or present by himself or thru
3. Frauds and Illegal Exactions and Transactions another
4. Malversation of Public Funds and Property 3. Such offer or promise be accepted, or gift or
5. infidelity in the Custody of Prisoners present received by the public officer:
6. Infidelity in the Custody of Documents a. with a view to committing some crime;
7. Revelation of Secrets or
b. in consideration of the execution of an act
8. Other offenses or Irregularities by public officers which does not constitute a crime, but
the act must be unjust
Crime Elements c. to refrain from doing something which it
is his official duty to do
204 1. Offender is a judge; 4. Crime or act which the offender agrees to
Knowingly 2. Renders a judgment perform or which he executes be connected
Rendering 3. Judgment is unjust with the performance of his official duties
Unjust 4. Judge knows that his judgment is unjust
211 1. Offender is a public officer
Judgment Indirect 2. He accepts gifts
205 1. Offender is a judge; Bribery 3. Gifts are offered to him by reason of his office
Rendering 2. Renders a judgment
211-A 1. Public officer entrusted with law enforcement
Judgment 3. Judgment is manifestly unjust
Qualified 2. Offender refrains from arresting or
Thru 4. Due to his inexcusable negligence or Bribery prosecuting an offender who has committed a
Negligence ignorance
crime punishable by RP and/or death
206 1. That the offender is a judge; 3. Offender refrains in consideration of any
Rendering 2. That he performs any of the following acts: promise, gift or present
Unjust a. knowingly renders unjust interlocutory
212 1. Offender offers or promises or gives gifts or
Interlocutor order or decree; or
Corruption presents to a public officer
y Order b. renders manifestly unjust interlocutory of Public 2. Such are made under circumstances that will
order or decree thru inexcusable
Officials make public officer liable for direct or indirect
negligence or ignorance
bribery
207 1. That the offender is a judge 213 Acts Punishable:
Malicious 2. That there is a proceeding in his court
Frauds 1. Frauds against public treasury
Delay in the 3. That he delays the administration of justice
Against the 2. Demanding an amount different from what
Admin of 4. That the delay is malicious Public the law authorizes to be collected
Justice
Treasury 3. Voluntary failure to issue receipt
208 Acts Punishable: and Similar 4. Collection of the nature of payment different
Dereliction 1. Maliciously refraining from institution Offenses from that required
of Duty in prosecution against violators of the law
Prosecution 2. Maliciously tolerating the commission of Elements of Frauds against Public Treasury:
of Offenses offenses 1. Offender be public officer
2. Taken advantage of his office, that is, he
Elements: intervened in the transaction in his official
1. Offender is a public officer who has a duty to capacity
cause the prosecution of, or to prosecute, 3. Entered into said agreement
offenses 4. Accused had intent to defraud the
2. Dereliction of duties – knowing the government
commission of the crime, he does not cause
the prosecution of the criminal or knowing Elements of Illegal Exaction:
that a crime is about to be committed, he 1. The offender is a public officer entrusted with
tolerates its commission the collection of taxes, licenses, fees and other
209 Acts Punished: imposts
Betrayal of 1. By causing damage to his client, either (a) by 2. He is guilty of acts 2, 3 and 4 (above in Acts
Trust by an any malicious breach of professional duty, (b) Punishable as Frauds Against Public
Attorney or by inexcusable negligence or ignorance Treasury)
Solicitor 2. By revealing any of the secrets of his client 214 Elements of the Crime:
learned by him in his professional capacity Other 1. Offender is a public officer
3. By undertaking the defense of the opposing Frauds 2. He takes advantage of his official position
party in the same case, without the consent of 3. Commits any of the frauds or deceits (arts.
his first client, after having undertaken the 315-318)
defense of said first client or after having
215 1. Appointive public officer
received confidential information from said
Prohibited 2. He becomes interested, directly or indirectly,
client Transactions in any transaction of exchange or speculation
210 Acts Punishable in Direct Bribery: 3. Within the territory subject to his jurisdiction
Direct 1. By agreeing to perform, or by performing, in 4. During his incumbency
Bribery consideration of any offer, promise, gift or 216 People Liable for Possession of Prohibited
present – and act constituting a crime, in
Possession Interest:
connection with the performance of his official
of 1. Public officer who, directly or indirectly,
duties Prohibited became interested in any contract or business
2. By accepting a gift in consideration of the
Interest by a in which it was his official duty to intervene.
execution of an act which does not constitute a
Public 2. Experts, arbitrators, and private accountants
crime, in connection with the performance of Officer who, in like manner, took part in any contract
his official duty
or transaction connected with the estate or
3. By agreeing to refrain, or by refraining, from
property in the appraisal, distribution or
doing something which is his official duty to adjudication of which they had acted
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3. Guardians and executors with respect to the escape


property belonging to their wards or estate
Classes of Prisoners Involved:
1. Sentenced by final judgment
217 Acts Punishable in Malversation:
2. Detention prisoner
Malversatio 1. By appropriating public funds or property
224 1. Offender is a public officer
n of Public 2. By taking or misappropriating the same
Evasion 2. Charged with conveyance or custody of a
Funds or 3. By consenting, or thru abandonment or
Through prisoner (detention prisoner or prisoner by
Property negligence, permitting another to take funds
Negligence final judgment)
or property
3. Such prisoner escapes thru his negligence
4. By being otherwise guilty of the
misappropriation or malversation of such
Liability of Escaping Prisoner:
funds or property
1. Convict by reason of final judgment – Article
157
Elements Common to All Acts of Malversation:
2. Detention Prisoner – no liability
1. Offender be a public officer
2. Custody or control of funds or property by 225 1. Offender is a private person
reason of the duties of his office Escape of 2. Conveyance or custody of prisoner or person
3. Accountable public funds/property Prisoner under arrest is confided to him
4. Appropriated, took, misappropriated or under the 3. Prisoner or person under arrest escapes
consented or, thru abandonment or Custody of a 4. Offender consents to escape, or that the escape
negligence, permitted another person to take Person not a takes place thru his negligence
them Public
Officer
218 1. Offender is a public officer, whether in the
Failure of service or separated therefrom 226 1. Offender be a public officer
Accountable 2. Accountable officer for public funds or Removal, 2. He abstracts, destroys, conceals documents,
Officer to property Conceal- papers
Render 3. Required by law or regulation to render ment or 3. Said documents/papers entrusted to such
Accounts accounts to the COA, or to a provincial Destruction public officer by means of his office
auditor of 4. Damage, whether serious or not, to a third
4. Failure to do so for a period of 2 months after Documents party or to the public interest should have
such accounts should be rendered been caused
219 1. Offender is a public officer 227 1. Offender is a public officer
Failure to 2. Accountable officer for public funds or Officer 2. Charged with the custody of papers or
Render property Breaking property
Accounts 3. Unlawfully left (or be on the point of leaving) Seal 3. Papers or property are sealed by proper
before RP without securing from COA a certificate authority
Leaving the showing that his accounts have been finally 4. Breaks the seals or permits them to be broken
Country settled 228 1. That offender is a public officer
220 1. Offender is a public officer Opening of 2. That any closed papers, documents, or objects
Illegal Use 2. Public fund or property under his Closed are entrusted to his custody
of Public administration Documents 3. That he opens or permits to be opened said
Funds or 3. Such has been appropriated by law or closed papers, documents or objects
Property ordinance 4. That he does not have proper authority
4. He applies the same to a public use other than 229 Elements of No. 1:
that for which such has been appropriated Revelation 1. That the offender is a public officer
221 Acts Punishable: of Secrets by 2. He knows a secret by reason of his official
Failure to 1. By failing to make payment by public officer an Officer capacity
Make who is under obligation to make such 3. Revelation without authority or justifiable
Delivery of payment from Government funds in his reasons
Public possession 4. Damage be caused to public interest
Funds or 2. By refusing to make delivery by a public Elements of No. 2:
Property officer who had been ordered by competent 1. Offender is public officer who has charge of
authority to deliver any property in his papers
custody or under his administration 2. Papers should not be published
3. Delivers papers or copies thereof to a 3rd
Elements of Failure to Make Payment: person
1. Public officer has gov’t funds in his possession 4. Delivery is wrongful
2. Under obligation to make payment from 5. Damage be caused to public interest
funds 230 1. Offender is a public officer
3. He fails to make the payment maliciously Public 2. He knows of the secrets of a private individual
222 Private Individuals who may be Liable (arts. 217- Officer by reason of his office
Officers 221): Revealing 3. He reveals secrets without authority or
Included in 1. Private individuals who, in any capacity Secrets of justifiable reason
the whatever, have charge of any national, Private
Preceding provincial or municipal funds, revenue, or Individual
Provisions property 231 1. That the offender is a judicial or executive
2. Administrator or depository of funds or Open officer
property, attached, seized or deposited by Disobe- 2. That there is a judgment, decision or order of a
public authority, even if such property dience superior authority
belongs to private individual 3. That such judgment, decision or order was
223 1. Offender is a public officer made within the scope of the jurisdiction of
Conniving 2. He had in his custody or charge, a prisoner, the superior authority and issued with all
with or either detention prisoner or prisoner by final legal formalities
Consenting judgment 4. That the offender without any legal
to Evasion 3. Such prisoner escaped from his custody justification openly refuses to execute the said
4. In connivance with prisoner in the latter’s judgment, decision or order, which he is duty
bound to obey
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232 1. Offender is a public officer 242 1. Offender is a public officer


Disobedienc 2. Order is issued by his superior for execution Disobeying 2. Proceeding is pending before public officer
e to Order of 3. He has for any reason suspended the Request for 3. Question is brought before the proper
Superior execution of such order Disqualifica authority regarding his jurisdiction, which is
Officer, 4. His superior disapproves the suspension tion not yet decided
When Said 5. Offender disobeys his superior despite the 4. Lawfully required to refrain from continuing
Order was disapproval of the suspension 243 1. That the offender is an executive officer
Suspended Orders or 2. That he addressed any order or suggestion to
by Inferior Requests by any judicial authority
Officer Executive 3. That the order or suggestion relates to any
233 1. That the offender is a public officer Officer to case or business coming within the exclusive
Refusal of 2. That a competent authority demands from the any Judicial jurisdiction of the courts of justice
Assistance offender that he land his cooperation towards Authority
the administration of justice or other public 244 1. Offender is a public officer
service Unlawful 2. He nominates or appoints a person to public
3. That the offender fails to do so maliciously Appoint- office
234 1. Offender is elected by popular election ments 3. Person lacks the legal qualifications therefore
Refusal to 2. Refuses to be sworn in or to discharge duties 4. Offender knows that his nominee or appointee
Discharge 3. No legal motive for such refusal to be sworn lacks the qualifications at the time he made the
Elective in or to discharge the duties of said office nomination or appointment
Office 245 1. Offender is a public officer
235 1. Offender is a public officer or employee Abuses 2. Solicits or makes immoral or indecent
Maltreat- 2. Has under his charge prisoner / detention Against advances to a woman
ment of prisoner Chastity 3. That such woman must be:
Prisoners 3. Maltreats such prisoner in either of the ff a. Interested in matters pending before the
manners: offender for decision, or with respect to
a. overdoing correction or handling either – which he is required to submit a report to
i. imposition of punishments not or consult with a superior officer; or
authorized by the regulations, or b. Under the custody of the offender who is
ii. inflicting authorized punishments a warden or other public officer directly
in a cruel and humiliating manner charged with the care and custody of
b. Maltreating prisoner to extort a prisoners or persons under arrest; or
confession or to obtain some information c. The wife, daughter, sister or relative
from the prisoner within the same degree by affinity of the
236 1. Offender is entitled to hold a public office or person in the custody of the offender
Anticipation employment, either by election or
of Duties of appointment
Public 2. LAW requires that he should first be sworn in
Office and/or should first give a bond
3. Assumes performance of duties and powers
4. He has not taken oath and/or given bond
required Public Officers
237 1. Offender is holding a public office
Prolonging 2. Period provided by law, regulations or special 1. Taking part in the performance of public functions
Performance provisions for holding such office, has expired in the Government, or performing in said
of Duties 3. Continues to exercise duties and powers Government or in any of its branches public duties
and Powers as an employee, agent or subordinate official, of any
238 1. Offender is a public officer
Abandon- 2. Formally resigns from his position
rank or class; and
ment of 3. Resignation has not yet been accepted 2. That his authority to take part in the performance of
Office or 4. Abandons his office to detriment of public public functions or to perform public duties must be:
Position service b. by direct provision of the law, or
Qualifying Circumstance: if done in order to
c. by popular election
evade discharge of duties of preventing, d. by appointment by competent authority
prosecuting or punishing any of the crimes falling
within Title One, and Chapter One of Title 3 of Malfeasance and Misfeasance
Book 2 (Crimes against National Security and Law
of Nations and Crimes against Public Order)  Misfeasance – improper performance of some act
239 1. That the offender is a executive or judicial which might lawfully be done
Usurpation officer  Malfeasance – performance of an act which ought
of 2. That he makes general rules or regulations NOT to be done
Legislative beyond the scope of his authority, or attempts
Powers to repeal a law, or suspends the execution  Nonfeasance – omission of some act which ought to
thereof be performed
240 1. That the offender is a judge
Usurpation 2. That he assumes a power pertaining to the Bribery
of Executive executive authorities, or obstructs the
Functions executive authorities in the lawful exercise of
their powers Prevaricacion (Art. 208) Distinguished from Bribery:
241 1. That the offender is an officer of the executive 1. Both are committed by refraining doing something
Usurpation branch of the government which pertains to the official duty of the officer
of Judicial 2. That he assumes judicial powers, or obstructs
Functions the execution of any order or decision 2. In bribery, the offender refrained from doing his
rendered by any judge within his jurisdiction official duty in consideration of a gift received or
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promised; while in crime of prevaricacion this


element is NOT necessary

Direct Bribery Distinguished from Indirect Bribery


Direct Bribery Indirect Bribery
agreement no agreement
offender agrees to perform or it is NOT necessary that the
performs an act or refrains from officer should do any particular
doing something, because of the act or even promise to do any
gift or promise act, as it is enough that he
accepts gifts offered
Mere agreement consummates Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime and


was Accomplished
 direct bribery, in addition to crime brought about by
act
 There can be attempted corruption if public officer
refused to be corrupted

Qualified Bribery
 Penalty must be RP or death or RP to death; if not,
crime is dereliction of duties

Frauds and Illegal Exactions and Transactions

Illegal Exaction
 If illegal amount is receipted: additional offense of
malversation
 Not applicable to BIR and customs officers

Malversation of Public Funds or Property

To be guilty, public officer must have:


1. Official custody of public funds or property or the
duty to collect or receive funds due the government,
and
2. Obligation to account for them to the government
* accountable officer – otherwise, crime is estafa

Presumption of Malversation
Rule: when demand is made to account for funds and
the same is not forthcoming
Provided: no issue as to accuracy, correctness and
regularity of audit findings and the fact that funds are
missing is indubitably established

Infidelity of Public Officers

Revelation Distinguished from Infidelity:


1. Papers contain Secrets – revelation
2. Papers do not contain Secrets – Infidelity

Infidelity in Custody of Document distinguished from


Malversation and Falsification
 Malversation and Falsification – when postmaster
received money orders, signed as payee, collected
and appropriated the respective amounts
 Infidelity in Custody of Papers – when postmaster
receives letters/envelopes containing money orders,
and MO are not sent to addressees, the postmaster
cashing the same for his own benefit
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TITLE VIII: CRIMES AGAINST PERSONS or any other means involving great waste and
ruin
4. On occasion of any of the calamities
1. Parricide enumerated in the preceding paragraph, or
2. Murder earthquake, volcanic eruption, destructive
cyclone, great waste and ruin
3. Homicide 5. Evident premeditation
4. Death Caused in a Tumultous Affray 6. Cruelty or outraging/scoffing at person or
5. Physical Injuries Inflicted in a Tumultous Affray corpse
6. Giving Assistance to Suicide 249 1. That a person is killed
7. Discharge of Firearms Homicide 2. Killing without justifying circumstances
3. Accused had intention to kill, which is
8. Infanticide presumed
9. Intentional Abortion 4. Killing was not attended by any of the
10. Unintentional Abortion qualifying circumstances of murder, or by that
11. Abortion practiced by Woman Herself or her of parricide or infanticide
251 1. That there be several persons
Parents Death 2. Do not compose groups organized for
12. Abortion Practiced by Physician or Midwife and Caused in assaulting and attacking each other
Dispensing of Abortives Tumultuous reciprocally
13. Duel Affray 3. Several persons quarreled and assaulted one
another in a confused and tumultuous manner
14. Challenging to a Duel 4. That someone was killed in the course of the
15. Mutilation affray
16. Serious Physical Injuries 5. Unascertained who actually killed deceased
17. Administering Injurious Substances or Beverages 6. Person(s) who inflicted serious physical
injuries or who used violence can be identified
18. Less Serious Physical Injuries 252 1. Tumultuous affray
19. Slight Physical Injuries and Maltreatment Physical 2. Participant(s) suffer serious physical injuries
20. Rape Injuries or physical injuries of a less serious nature
Caused in only
Crime Elements Tumultuous 3. Person responsible therefore cannot be
Affray identified
246 1. That a person is killed 4. That all those who appear to have used
Parricide 2. That the deceased is killed by the accused violence upon the person of the offended
3. That the deceased is the father, mother, or party are known
child, whether legitimate or illegitimate, or a 253 Acts Punishable as Giving Assistance to Suicide:
legitimate other ascendant or other Giving 1. By assisting another to commit suicide,
descendent, or the legitimate spouse, of the Assistance whether the suicide is consummated or not
accused to Suicide 2. By lending his assistance to another to commit
247 1. That a legally married person or a parent suicide to the extend of doing the killing
Death or surprises his spouse or his daughter, the latter himself
Physical under 18 years of age and living with him, in 254 1. Offender discharges a firearm against or at
Injuries the act of committing sexual intercourse with Discharge of another person
Inflicted another person Firearms 2. Offender has no intention to kill that person
Under 2. That he or she kills any or both, of them or 255 1. Child was killed
Exceptional inflicts upon any or both of them any serious Infanticide 2. Child was less than 3 days (72 hours) of age
Circum- physical injury in the act or immediately 3. Accused killed the said child
stances thereafter 256 Ways of Committing Intentional Abortion:
3. That he has not promoted/facilitated Intentional 1. Using any violence upon pregnant woman
prostitution of his wife or daughter, or that he Abortion 2. Acting without violence, without the consent
or she had not consented to the infidelity of of the woman (by administering drugs or
the other spouse beverages upon such pregnant woman
without her consent)
Parricide is not punished with RP to Death: 3. Acting (by administering drugs or beverages),
1. Parricide committed thru negligence (Article with the consent of the pregnant woman
365)
2. Committed by mistake (Article 249) Elements:
3. Committed under exceptional circumstances 1. That there is a pregnant woman
248 1. That a person was killed 2. That violence is exerted, or drugs or beverages
Murder 2. That the accused killed him administered, or that the accused otherwise
3. That the killing was attended by any of the acts upon such pregnant woman
qualifying circumstances mentioned in Article 3. That as a result, the fetus dies, either in the
248 womb or after having been expelled therefrom
4. The killing is not parricide or infanticide 4. That the abortion is intended
257 1. That there is a pregnant woman
Murder – unlawful killing of any person which is Uninten- 2. That violence is used upon such pregnant
NOT parricide or infanticide, provided ff tional woman without intending an abortion
circumstances are present: Abortion 3. That the violence is intentionally exerted
1. Treachery, taking advantage of superior 4. That as a result, the fetus dies, either in the
strength, Aid of armed men, or Means to womb or after having been expelled therefrom
weaken defense, or means/persons to 258 1. Pregnant woman who has suffered an
insure/afford impunity Abortion abortion
2. In consideration of a price, reward or promise Practiced by 2. That the abortion is intended
3. Inundation, fire, poison, explosion, shipwreck, the Woman 3. That the abortion is caused by:
stranding of vessel, derailment or assault Herself or a. the pregnant woman herself
upon a railroad, fall of airship, motor vehicles, by her b. any other person, with her consent
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Parents c. any of her parents, with her consent, for 265 1. Other than less serious physical injuries and
the purpose of concealing her dishonor Less Serious 2. Incapacitated for labor for 10 days or more, or
Physical shall require medical attendance for the same
Injuries period
259 Elements for Physician or Midwife
Abortion 1. Pregnant woman who has suffered an
Qualified Less Serious Physical Injuries
Practiced by abortion
1. Paragraph 2:
a Physician 2. That the abortion is intended
a. manifest intent to insult or offend victim
or Midwife 3. That the offender, who must be a physician or
b. circumstances adding ignominy to
and midwife, causes, or assists in causing, the
offense
Dispensing abortion
2. Paragraph 3:
of Abortives 4. That said physician or midwife takes
a. the offender’s parents, ascendants,
advantage of his or her scientific knowledge
guardians, curators or teachers
or skill
b. persons of rank or persons in authority,
provided the crime is not direct assault
Elements for Pharmacists:
266 Kinds of Slight Physical Injuries:
1. That the offender is a pharmacist
Slight 1. Physical injuries which incapacitated the
2. No proper prescription from a physician
Physical offended party for labor from 1 to 9 days, or
3. That the offender dispenses any abortive
Injuries and required medical attendance during the same
260 Acts Punishable in Duel:
Maltreat- period
Duel 1. By killing one’s adversary in duel
ment 2. Physical injuries which did not prevent the
2. By inflicting upon such adversary physical
offended party from engaging in his habitual
injuries
work or which did not require medical
3. By making a combat although no physical
attendance
injuries have been inflicted
3. Ill-treatment of another by deed without
261 Acts Punished under this Article: causing any injury
Challenging 1. Challenging another to a duel
266-A Paragraph 1:
to Duel 2. Inciting another to give or accept challenge to
Rape 1. Offender is a man
duel
2. Offender had carnal knowledge of a woman
3. By scoffing at or decrying another publicly for
266-B 3. Such act is accomplished under any of the ff
having refused to accept a challenge to fight a
Penalties circumstance:
duel
a. by using force or intimidation; or
262 1. Intentionally mutilating another by depriving b. when the woman is deprived of reason
Mutilation him, either totally or partially, of some or otherwise unconscious; or
essential organ for reproduction c. by means of fraudulent machination or
a. Castration (mutilation of organs grave abuse of authority; or
necessary for generation such as a penis d. when the woman is under 12 years of age
or ovarium) or demented
b. Mutilation caused purposely or
deliberately, that is, to deprive the Paragraph 2:
offended party of some essential organ 1. Offender commits an act of sexual assault
for reproduction 2. That the act of sexual assault is committed by
any of the following means:
2. Intentionally making other mutilation (by a. by inserting his penis into another
lopping or clipping off any part of the body of person’s mouth or anal orifice; or
the offended party, other than essential organ b. by inserting any instrument or object into
for reproduction) to deprive him of that part the genital or anal orifice of another
of his body. person
263 Serious Physical Injuries: 3. That the sexual act is accomplished under the
Serious 1. When the injured person becomes insane, circumstances mentioned in paragraph 1
Physical imbecile, impotent or blind in consequence of
Injuries the physical injuries inflicted. Reclusion Perpetua to Death
2. When the injured person (a) loses the use of 1. use of deadly weapon or by 2 or more persons
speech or the power to hear or to smell, or 2. victim has become insane
loses an eye, a hand, a foot, an arm, or a leg, or
(b) loses the use of any such member, or (c) Death Penalty
becomes incapacitated for the work in which 1. By reason or on occasion of the rape, a
we were theretofore habitually engaged, in homicide is committed
consequence of the physical injuries inflicted. 2. Victim is under 18 and offender is parent,
3. When the person injured (a) becomes ascendant, stepparent, guardian, relative by
deformed, or (b) loses any other member of consanguinity or affinity within 3rd civil
his body, or (c) loses the use thereof, or (d) degree, or common-law spouse of the parent
becomes ill or incapacitated for the of victim
performance of the work in which he was 3. Victim is under custody of the police or
habitually engaged for more than 90 days, in military authorities or any law enforcement or
consequence of the physical injuries inflicted. penal institution
4. When the injured person becomes ill or 4. Rape is committed in full view of the husband,
incapacitated for labor for more than 30 days parent, any of the children or other relatives
(but must not be more than 90 days), as a within the 3rd civil degree of consanguinity
result of the physical injuries inflicted. 5. Victim is a religious engaged in legitimate
264 1. That the offender inflicted upon another any religious vocation or calling and is personally
Adminis- serious physical injury known to be such by the offender before or at
tering 2. That it was done by knowingly administering the time of the commission of the crime
Injurious to him any injurious substance or beverages or 6. Victim is a child below 7 years of age.
Substances by taking advantage of his weakness of mine 7. Offender knows that he is afflicted with
or Beverages or credulity HIV/AIDS or any other STD and the virus or
3. That he had no intent to kill disease is transmitted to the victim.
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8. Committed by any member of AFP or Tumultuous Affray – the disturbance is caused by more
paramilitary units thereof or the PNP or any than three persons who are armed or are provided with
law enforcement agency or penal institution,
when offender took advantage of position to means of violence
facilitate the commission of the crime
9. By reason or on the occasion of the rape, the Persons Liable for Death in Tumultuous Affray:
victim has suffered permanent physical 1. Person(s) who inflicted the serious physical injuries
mutilation or disability
10. Offender knew of the pregnancy of the 2. If it is not known who inflicted the serious physical
offended party at the time of the commission injuries on the deceased, all the persons who used
of the crime violence upon the person of the victim are liable, but
11. Offender knew of the mental disability, with lesser liability
emotional disorder and/or physical handicap
of the offended party at the time of the
commission of the crime Infanticide
266-C 1. Subsequent valid marriage between the
Effect of offender and the offended party shall Infanticide – killing of any child less than three days of
Pardon extinguish the criminal action or the penalty
imposed. age, whether the killer is the parent or grandparent, any
2. In case it is the legal husband who is the other relative of the child, or a stranger
offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the Abortion Infanticide
criminal action or the penalty Fetus is still drawing life from Victim is already a person
266-D 1. Any physical overt act manifesting resistance mother
Presump- against the act of rape in any degree from the Umbilical cord not yet cut; or Umbilical cord is already cut
tions offended party; or and infant is still alive
2. Where the offended party is so situated as to Intra-uterine life of less than 7 Intra-uterine life of less than 7
render him/her incapable of giving consent mos. and is killed within 24 mos. and killed after 24 hours
Parricide, Murder, Homicide hours
Killing by woman to conceal dishonor is extenuating
Parricide Duel
 Legitimate relationship except parent and child
 Direct line only except spouse Duel – formal or regular combat previously concerted
 Blood except for spouse between two parties in the presence of two or more
seconds of lawful age on each side, who makes the
Parricide Infanticide selection of arms and fix all other conditions of the fight
Based on relationship Based on age of child
Relatives enumerated Strangers or relatives Persons Liable in Duel:
* parricide yields to infanticide 1. Person who killed or inflicted physical injuries upon
Conspiracy cannot be applied Conspiracy applicable
Separate informations necessary Single information
his adversary, or both combatants in any other case,
Conceal dishonor not mitigating Conceal dishonor mitigating as principles
2. Seconds, as accomplices
Murder
Physical Injuries
Use of Fire
Separate crimes of Homicide To conceal killing Serious Less Serious Slight
and Arson Insanity, imbecility,
Murder As a means to kill impotence, blindness
Arson aggravated by Homicide Burn a house but there was a Loss of speech,
person who was killed hearing, smelling
Homicide Resorted to as a joke (Ppl v. Loss of eye, hand,
Pugay) foot, arm, leg
Incapacitated for
work for which
habitually engaged
Homicide Deformation
 Homicide – unlawful killing of any person, which is Lost any other part
of body or use
neither parricide, murder nor infanticide thereof
 Accidental Homicide – death of a person brought Illness or incapacity
about by a lawful act performed with proper care for work habitually
and skill, and without homicidal intent engaged for period
of more than 90 days
 Corpus Delicti – actual commission of the crime Injuries caused Incapacitated for Incapacitated for
charged; means that the crime was actually illness or incapacity labor for 10 days or labor from 1 to nine
perpetrated, and does not refer to the body of the for labor for more more but not more days or medical
murdered person than 30 days not than 30 days attendance for same
more than 90 period
Do not prevent him
Death or Physical Injuries in Tumultuous Affray from engaging in
habitual work nor
require medical
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attendance
Ill-treatment by deed
without injury

Physical Injuries Distinguished from Attempted or


Frustrated Homicide:
a. In both, the offender inflicts physical injuries,
however homicide may be committed, even if no
physical injuries are inflicted
b. There is no intent to kill in physical injuries

Mutilation

Ordinary Physical Injuries Distinguished from


Mutilation:
1. Mutilation – must have been caused purposely and
deliberately
2. Physical Injuries – this intention is not present
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TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND Under 2. That it is against the debtor’s will
Compulsion 3. That the purpose is to require or enforce the
SECURITY in Payment payment of a debt
275 Acts Punishable:
1. Kidnapping and Serious Illegal Detention Abandonme 1. Failing to render assistance to any person
2. Slight Illegal Detention nt of whom offender finds in an uninhabited place
3. Unlawful Arrest Persons in wounded or in danger of dying when he can
4. Kidnapping and Failure to Return a Minor Danger and render such assistance without detriment to
Abandonme himself, unless such omission shall constitute a
5. Inducing a Minor to Abandon his Home nt of One’s more serious offense
6. Slavery Own Victim 2. Failing to help or render assistance to another
7. Exploitation of Child Labor whom the offender has accidentally wounded
8. Services Rendered in Compulsion of Payment of or injured
3. Failing to deliver a child, under 7 whom the
Debt offender has found abandoned, to the
9. Abandonment of Persons in Danger and One’s Own authorities or to his family, or by failing to take
Victim him to a safe place
10. Abandoning a Minor 276 1. That the offender has the custody of a child
Abandoning 2. That the child is under 7 years of age
11. Exploitation of Minors a Minor 3. That he abandons such child
12. Qualified Trespass to Dwelling 4. No intent to kill child when the latter is
13. Other Forms of Trespass abandoned
14. Grave Threats, Light Threats, Other Light Threats
Qualifying Circumstances:
15. Grave Coercions, Light Coercions 1. Death resulted from such abandonment, or
16. Discovery and Revelation of Secrets 2. Life of minor was in danger because of
abandonment
Crime Elements 277 Acts Punished:
Abandon- 1. By delivering a minor to a public institution or
267 1. Offender is a private individual ment of other persons without the consent of the one
Kidnapping 2. Kidnaps or detains another, or in any other Minor by who entrusted such minor to the care of the
and Serious manner deprives the latter of his liberty Person offender or, in the absence of that one, without
Illegal 3. Act of detention or kidnapping must be illegal Entrusted the consent of the proper authorities
Detention 4. Any of the following circumstances are present: with His 2. By neglecting his (offender’s) children by not
a. Lasts for more than 3 days or; Custody; giving them the education which their station in
b. Committed simulating public authority or; Indifference life requires and financial condition permits
c. Any serious physical injuries are inflicted of Parents
upon the person kidnapped or detained or 278 See RA 7610 and related laws
threats to kill him are made; or Exploitation
d. Person kidnapped or detained is a minor of Minors
(except when the accused is any of the parents),
female or a public officer. 280 1. That the offender is a private person
268 1. Offender is a private individual Qualified 2. That he enters the dwelling of another
Slight 2. Kidnaps or detains another, or in any other Trespass to 3. That such entrance is against the latter’s will
Illegal manner deprives him of his liberty Dwelling
Detention 3. Act of kidnapping or detention is illegal Exceptions:
4. Crime is committed without the attendance of 1. Made for the purpose of preventing some serious
any of the circumstances enumerated in Article harm to himself, the occupants of the dwelling or a
267 3rd person
269 1. Offender arrests or detains another person 2. Purpose is to render some service to humanity or
Unlawful 2. Purpose: to deliver him to the proper justice
Arrest authorities 3. Place where entrance is made is a café, tavern, inn,
3. Arrest or detention is not authorized by law or and other public houses, while the same are still open
there is no reasonable ground therefore
270 1. That the offender is entrusted with the custody * Qualifying Circumstance – violence or intimidation
Kidnapping of a minor person (below 21 years of age) 281 1. Offender enters closed premises or the fenced
and Failure 2. That he deliberately fails to restore the said Other Forms estate of another
to Return a minor to his parents or guardians of Trespass 2. Entrance is made while uninhabited
Minor 3. That the prohibition to enter be manifest
271 1. That a minor is living in the home of his parents 4. No permission of the owner or the caretaker
Inducing a or guardian or person entrusted with his thereof
Minor to custody 282 Acts Punished:
Abandon 2. Offender induces said minor to leave such Grave 1. By threatening another with the infliction upon
His Home home Threats his person, honor or property or that of his
272 1. Purchases, sells, kidnaps or detains a human family of any wrong amounting to a crime and
Slavery being. demanding money or imposing any other
2. Purpose: enslave such human being condition, even thought not unlawful, and the
273 1. That the offender retains a minor in his service offender attained his purpose
Exploitation 2. That it is against the will of the minor a. Offender threatens another with the
of Child 3. That it is under the pretext of reimbursing infliction upon the latter’s person, honor or
Labor himself of a debt incurred by an ascendant, property, or upon that of the latter’s
guardian or person entrusted with the custody family, of any wrong
of such minor b. Wrong amounts to a crime
274 1. That the offender compels a debtor to work for c. Demand for money or that any other
Services him, either as household servant or farm condition is imposed, even though not
Rendered laborer unlawful
d. Offender attains his purpose
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2. By making threat without attaining his purpose Exception: parents, guardians, or persons entrusted with
3. By threatening another with the infliction upon the custody of minors (papers or letters of the children or
his person, honor or property or that of his minors), or to spouses with respect to the papers or letters
family of any wrong amounting to a crime, the of either of them
threat not being subject to a condition 291 1. Offender is a manager, employee or servant
a. Offender threatens another with the Revealing 2. Learns of the secrets of his principal or master
infliction upon the latter’s person, honor, Secrets with in such capacity
or property, or upon the latter’s family, of Abuse of 3. Reveals such secrets
any wrong Office
b. Wrong amounts to a crime 292 1. Offender is person in charge, employee or
c. Threat is not subject to a condition Revelation workman of a manufacturing or industrial
283 1. Offender makes a threat to commit a crime of Industrial establishment
Light 2. Wrong does not constitute a crime Secrets 2. Manufacturing or industrial establishment has a
Threats 3. Demand for money or that other condition is secret of the industry which the offender has
imposed, even though not lawful learned
4. Offender has attained or not attained his 3. Offender reveals such secrets
purpose 4. Prejudice is caused to the owner
285 1. Threatening another with a weapon, or by
Other Light drawing such weapon in a quarrel, unless in
Threats lawful self-defense
2. Orally threatening another, in the heat of anger, Illegal Detention
with some harm constituting a crime, without
persisting in the idea involved in his threat Special Complex Crimes
3. Orally threatening to do another any harm not
constituting a felony
* Effectively eliminated distinction drawn by courts between
286 Ways to Commit: those cases where the killing, rape or physical injuries was
Grave 1. By preventing another, by means of violence, purposely sought by the accused, and those where the same
Coercions threats or intimidation, from doing something was not deliberately resorted to but was merely an
not prohibited by law afterthought
2. By compelling another, by means of violence,
threats or intimidation, to do something against Kinds
his will, whether it be right or wrong Kidnapping with homicide Not separate crimes in
Kidnapping with rape themselves but circumstances
Elements: Kidnapping with physical which convert kidnapping into
1. Person prevented another from doing injuries special complex crime
something not prohibited by law, or that he * this rule applicable only if kidnap victim was killed, raped or
compelled him to do something against his will, tortured
be it right or wrong * if 3rd person killed, raped or tortured, there will be 2 separate
2. Prevention or compulsion be effected by offenses
violence, threats or intimidation * intent is determinative of the special complex crime – if intent
3. Person that restrained the will and liberty of from the very beginning is to kill, rape or torture – crime is not
another had not the authority of law or the right kidnapping but murder/homicide, rape, physical injuries
to do so, or, in other words, that the restraint
shall not be made under authority of law or in Kidnapping with Rape Forcible Abduction with Rape
exercise of lawful right Composite if woman kidnapped Complex under art. 48
287 1. Offender must be a creditor is also raped
Light 2. He seizes anything belonging to his debtor At the outset, no lewd design At the outset, lewd design
Coercions 3. Seizure of thing accomplished by means of Rape is qualifying circumstance Rape is also a crime
violence or a display of material force Only 1 kidnapping with rape, Only one rape complexed, all
producing intimidation even if multiple rapes other rapes are separate crimes
4. Purpose: apply the same to the payment of the committed
debt If merely attempted rape: 2 If merely attempted rape, only
288 1. Forcing/compelling, directly/indirectly, or separate crimes: Kidnapping one crime: Forcible Abduction
Other knowingly permitting the forcing or compelling and Attempted Rape
Similar of the laborer or employee of the offender to
Coercions purchase merchandise or commodities of any
kind Kidnapping Grave Coercion
2. By paying wage due his laborer or employee by Intent to deprive Mere curtailment of freedom of
means of tokens or objects other than the legal liberty/restrain movement
tender currency of the Philippines, unless
expressly requested by such laborer or employee Unlawful arrest distinguished from other illegal
289 1. That the offender employs violence or threats,
Formation, in such a degree as to compel or force the
detention: if the purpose of locking up or detaining is to
Maintenanc laborers or employers in the free and legal deliver to authorities, the crime is unlawful arrest;
e, and exercise of their industry or work otherwise, it is other illegal detention
Prohibition 2. That the purpose is to organize, maintain or
of Combina- prevent coalitions of capital or labor, strike of Distinguishing Article 267 and Article 270:
tion of laborers or lockout of employers
Capital or 1. Article 267 – offender is not entrusted with custody
Labor 2. Article 270 – offender is entrusted with custody of
290 1. Offender is a private individual or even a public minor
Discovery of officer not in the exercise of his official
Secrets Thru functions
Seizure of 2. He seizes the papers or letters of another Slavery and Kidnapping/Illegal Detention
Corres- 3. Purpose: to discover secrets of such another Distinguished:
pondence person a. Slavery – purpose is to enslave victim
4. Offender is informed of the contents
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b. Kidnapping or Illegal Detention – any other


purpose

Trespass to Dwelling
Dwelling Place – any building or structure exclusively
devoted for rest and comfort
Trespass to Inhabited
Dwelling
Trespass to Property Uninhabited, clear or manifest prohibition
Theft Purpose: fish, harvest, gather
Vagrancy If property not fenced, no prohibition to
enter
Unjust vexation or
light coercion

Robbery Intimidation immediate but conditional


coupled with demand for money or any
consideration ; intent to gain
Threat Future and conditional
Coercion Direct, immediate and personal or serious
enough; no intent to gain
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TITLE X: CRIMES AGAINST PROPERTY 263 was inflicted in the course of the robbery
2. Inflicted upon any non-robber

1. Robbery with Violence Against or Intimidation of RVAIP under Paragraph 5 of Art. 294: called
Persons Simple Robbery, because the violence does not
result in a special complex crime
2. Robbery by the Use of Force upon Things
3. Brigandage Threats to Extort Money Distinguished from
4. Theft RVAIP:
5. Usurpation 1. Both, there is intimidation by offender
6. Culpable Insolvency 2. Both, purpose is identical: to obtain gain
3. In robbery, intimidation is actual and
7. Swindling and Other Deceits immediate; In threats, intimidation is
8. Chattel Mortgage conditional or future
9. Arson and Other Crimes Involving Destruction 4. In robbery, intimidation is personal; In threats,
it may be done thru an intermediary
10. Malicious Mischief 5. In robbery, intimidation is directed only to
victim; In threats, intimidation may refer to
Crime Elements person, honor or property of offended party or
293 Classification: that of his family
Who are 1. Robbery with violence against, or intimidation 6. In robbery, gain of culprit is immediate; in
Guilty of of persons (RVAIP) threats, gain is not immediate
Robbery 2. Robbery with the use of force upon things
(RFUT) RVAIP Distinguished from Grave Coercion:
a. Robbery in Inhabited House, Public 1. Both, there is violence used by offender
Building or Edifice devoted to Public 2. In robber, there is intent to gain; in grave
Worship coercion, there is not such element
b. Robbery in Uninhabited House or in a
Private Building Robbery and Bribery Distinguished:
1. Robbery if victim did not commit a crime and
Elements of Robbery in General: is intimidated with arrest and/or prosecution
1. Personal property belonging to another to deprive him of his personal property;
2. Unlawful taking of that property Bribery when victim has committed a crime
3. Taking must be with intent to gain and give money or gift to avoid arrest or
4. Violence against or intimidation of any prosecution
person, or force upon anything 2. In robbery, victim is deprived of
294 Acts Punished: money/property by force or intimidation; in
Robbery 1. By reason or on occasion of robbery, homicide bribery, he parts with money/property in a
with is committed, or is accompanied by rape or sense voluntarily
Violence intentional mutilation or arson 295 Qualifying Circumstances in RVAIP:
Against or 2. By reason or on occasion of such robbery, any Robbery 1. in an uninhabited place, or
Intimidation of the serious physical injuries, ¶ 1 is with 2. by a band, or
of Persons committed Physical 3. by attacking a moving train, street car, motor
3. By reason or on occasion of such robbery, any Injuries, vehicle or airship, or
of serious physical injuries, ¶ 2 is committed committed 4. by entering passengers’ compartments in a
4. If violence or intimidation employed in the Uninhabited train, or in any manner taking the passengers
robbery is carried to a degree clearly Place and by thereof by surprise in the respective
unnecessary or in the course of its execution, a band, or conveyances
offender shall have inflicted upon any person use of 5. on a street, road, highway, or alley, and the
not responsible for the robbery any of the Firearm intimidation is made with the use of firearms
physical injuries in serious physical injuries, 296 Outline:
¶¶ 3 and 4. Definition 1. Band – at least 4 armed malefactors take part
5. If violence employed does not cause any of the of a Band in robbery
serious physical injuries defined in Art. 263, or and Penalty 2. Any arms is unlicensed – penalty upon ALL
if the offender employs intimidation only Incurred the malefactors shall be maximum period of
corresponding penalty provided by law
Distinctions Between Effects of Employment of 3. Any member present at the robbery by the
VAIAP and those of use FUT: band, shall be punished as principal of any of
1. Whenever violence against or intimidation of the assaults committed by the band, unless it be
any person is used, the taking is always shown that he attempted to prevent the same
robbery; If there is no violence or intimidation,
but only FUT, taking is robbery if force is used Requisites for Liability:
to either enter building or to break doors, etc. 1. Member of the band
2. In RVAIP, value of personal property is 2. Present at commission of a robbery by that
immaterial; penalty depends on: band
a. result of violence used 3. Other members of the band committed an
b. existence of intimidation only assault
3. In RFUT, the penalty is based on: 4. He did not attempt to prevent the assault
a. Value of property taken 297 Attempted and Frustrated Robbery Committed
b. On whether or not the offenders carry Under Certain Circumstances: If a homicide is
arms committed, punishable by RT max to RP, unless
4. In RFUT in an uninhabited building, the homicide committed deserved a higher penalty
penalty is based on the value of the property 298 1. That the offender has intent to defraud
taken Execution of another
Deeds thru 2. That the offender compels him to sign,
Requisites of Robbery under Second Case of ¶ 4: Violence/ execute, or deliver any public instrument or
1. Physical injuries defined in ¶¶ 3 and 4 of Art. Intimidation document
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3. Compulsion is by means of violence or 3. That with intent to gain, the offender took
intimidation there from personal property belonging to
another
299 RFUT Subdivision (a): 303 Robbery of Cereals, Fruits or Firewood
Robbery in 1. Offender entered (a) inhabited house, (b) Cases enumerated in Article 299 to 302
Inhabited public building, (c) edifice devoted to 304 1. That the offender has in his possession
House or religious worship
Possession picklocks or similar tools
Public 2. Entrance was effected by any of the ff means:
of Picklocks 2. That such picklocks or similar tools are
Building or a. Opening not intended for or Similar specially adopted to the commission of
Edifice entrance/egress, or
Tools robbery
Devoted to b. Breaking any wall, roof, or floor or
3. No lawful cause for such possession
Worship breaking any door or window, or
305 1. Tools mentioned in the next preceding article
c. Using false keys, picklocks, similar tools,
False Keys 2. Genuine keys stolen from the owner
or
3. Any keys other than those intended by the
d. Using fictitious name or pretending the
owner for use in the lock forcibly opened by
exercise of public authority
the offender
3. Once inside building, the offender took
personal property belonging to another with 306 Brigandage – crime committed by 4 or more armed
intent to gain Who are persons who form a band of robbers for the
Brigands – purpose of committing robbery in highway or
RFUT Subdivision (b): Penalty kidnapping persons for extortion or to obtain
1. Offender is inside dwelling house, public ransom, or for any other purpose to be attained by
building, or edifice devoted to religious means of force and violence
worship, regardless of the circumstances
under which he entered it; Elements:
2. Offender takes personal property belonging to 1. There be at least 4 armed persons
another, with intent to gain, under any of the 2. They formed a band of robbers
following circumstances: 3. The purpose is any of the following:
a. Breaking doors, wardrobes, chests, or a. To commit robbery in the highway
other locked or sealed furniture or b. To kidnap persons for extortion or
receptacle ransom
b. Taking such furniture or objects away to c. To attain by means of force and violence
be broken or forced open outside the any other purpose
place of the robbery
Brigandage and Robbery in a Band
300 Distinction between 2 Classes of Robbery as to
Distinguished:
Robbery in their Being Qualified:
1. Both require offenders to form a band
Uninhabited 1. RFUT – to be qualified, must be committed in
2. Brigandage – purpose is any of the 3 in Article
Place and by an uninhabited place AND by a band
306; Robbery in a Band – purpose is only to
a Band 2. RVAIP – to be qualified, must be committed in
commit robbery, not necessarily on the
an uninhabited place OR by a band
highway
301 Inhabited House – any shelter, ship or vessel
3. Brigandage – mere formation of a band for
Definitions constituting the dwelling or one or more persons
any of the purposes mentioned is sufficient;
even though the inhabitants thereof are temporarily Robber in a Band – necessary to prove band
absent there from when the robbery is committed
actually committed robbery, as a mere
Dependencies – are all interior courts, corrals,
conspiracy is not punishable
warehouses, granaries or enclosed places
307 1. Band of brigands
contiguous to the building or edifice, having an
Aiding and 2. Offender knows the band to be of brigands
interior entrance connected therewith, and which
Abetting A 3. That the offender does any of the following
form part of the whole
Band of acts:
Not Included as Dependencies – orchards or other
Brigands a. In any manner aids, abets or protects
lands used for cultivation or production are not
such band of brigands; or
included in the terms of the next preceding
b. Gives information of the movements of
paragraph, even if closed, contiguous to the
police or other peace officers of the
building, and having direct connection therewith
government
Public Building – every building owned by the
c. Acquires/receives property taken by
government or belonging to a private person but
brigands
used or rented by the government, although
temporarily unoccupied by the same 308 Theft – committed by any person who, with intent
Who are to gain but without violence against or intimidation
302 1. Offender entered an uninhabited house or
Liable for of persons nor force upon things, shall take
Robbery in building which was not dwelling house,
Theft personal property of another without the latter’s
an public building, nor edifice devoted to
consent
Uninhabited religious worship
1. Having found lost property, shall fail to
Place or in a 2. Any of the following circumstances was
deliver the same to the local authorities or to
Private present:
its owner;
Building a. Entrance was effected thru an opening
2. After having maliciously damaged the
not intended for entrance or egress
property of another, shall remove or make use
b. Wall, roof, outside door/window was
of the fruits or object of the damage caused by
broken
him; and
c. Entrance was effected thru the use of
3. Enter an enclosed estate or a filed where
false keys, picklocks, or other similar
trespass is forbidden or which belongs to
tools
another and without the consent of its owner,
d. A door, wardrobe, chest or any sealed or
shall hunt or fish upon the same or shall
closed furniture or receptacle was broken
gather fruits, cereals, or other forest or farm
e. A closed or sealed receptacle was
products
removed, even if the same be broken
open elsewhere
Elements:
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1. Taking of personal property property or usurps any real rights in property


2. Property belongs to another 2. That the real property or real rights belong to
3. Taking be done with intent to gain (animus another
lucrandi) 3. That violence against or intimidation of
4. Taking be done without the consent of the persons is used by the offender in occupying
owner real property or usurping real rights in
5. Taking accomplished without violence against property
or intimidation of persons or force upon 4. That there is intent to gain
things 313 Altering Boundaries or Landmarks
314 1. That the offender is a debtor, that is, he has
Stages of the Crime: Fraudulent obligations due and payable
1. Theft is consummated Insolvency 2. That he absconds with his property
a. when offender is able to place thing 3. That there be prejudice to his creditors
taken under his control and in such a
situation where he could dispose it at Distinguished from Insolvency Law:
once; or a. Insolvency Law – requires application
b. when offender had full possession of that the criminal act should have been
thing, even if he did not have committed after institution of criminal
opportunity to dispose the same proceedings
2. Conflicting Rulings b. Article 314 – there is no such
a. People vs. Dino – frustrated theft when requirement, and it is not necessary that
truck loaded with stolen boxes of rifles defendant should have been adjudged
was discovered at checkpoint bankrupt or insolvent
b. People vs. Espiritu – consummated theft 315 Elements of Estafa in General:
when hospital linen was found at Swindling 1. Accused defrauded another (a) by abuse of
checkpoint (Estafa) confidence or (b) by means of deceit; and
3. Explanation: 2. Damage/prejudice capable of pecuniary
a. Dino Case – frustrated because estimation is caused to the offended party or
determinative fact to determine 3rd person
consummation is ability to dispose freely,
even if it were more or less momentarily; Ways of Committing Estafa:
should only be applied to theft of bulky 1. With unfaithfulness or abuse of confidence
goods 2. By means of deceit:
b. Espiritu Case – consummated because a. By means of false pretenses or fraudulent
they were able to take or get hold of linen acts
310 Theft is Qualified if: b. Thru fraudulent means
Qualified 1. Theft is committed by domestic servant
Theft 2. Theft is committed with grave abuse of Unfaithfulness or Abuse of Confidence:
confidence 1. First Form
3. Property stolen is a (a) motor vehicle, (b) mail a. Offender has an onerous obligation to
matter, or (c) large cattle (*note Cattle deliver something of value
Rustling) b. He alters its substance, quantity or
4. Property stolen consists of coconuts taken quality
from the premises of a plantation c. Damage or prejudice is caused to another
5. Property stolen is fish taken from
fishpond/fishery 2. Second Form
6. Property taken is on occasion of fire, a. Money, goods, or other personal
earthquake, typhoon, volcanic eruption, or property be received by offender in trust,
any other calamity, vehicular accident or civil or on commission, or for administration,
disturbance or under any other obligation involving
PD 1612 1. Crime of robbery or theft has been committed the duty to make delivery of, or to return,
Anti- 2. Accused, who is not a principal or accomplice the same
Fencing Law in the commission of the crime of robbery or b. Misappropriation/conversion of such
theft, buys, receives, possesses, keeps, money or property by offender, or denial
acquires, conceals, sells or disposes, or buys on his part of such receipt
and sells, or in any manner deals in any c. That such misappropriation or
article, item, object or anything of value, conversion or denial is to the prejudice of
which has been derived from the proceeds of another
the said crime d. That there is demand made by the
3. Accused knows or should have known that offended party to the offender
the said article, item, object or anything of
value has been derived from the proceeds of 3. Undue advantage of Signature in Blank
the crime of robbery or theft a. Paper with the signature of the offended
4. There is, on the part of the accused, intent to party be in blank
gain fro himself or for another b. Offended party should have delivered it
311 Theft of Property of National Library and to the offender
National Museum c. Above the signature of offended party a
312 Acts Punishable: document is written by the offender
Occupation 1. By taking possession of any real property without authority to do so
of Real belonging to another by means of violence d. Document so written creates a liability of,
Property or against or intimidation of persons or causes damage to offended or any 3rd
Usurpation 2. By usurping any real rights in property person
of Real belonging to another by means of violence
Rights in against or intimidation of persons False Pretense or Fraudulent Acts
Property a. False pretense, fraudulent act or
Elements: fraudulent means
1. That the offender takes possession of any real b. False pretense, fraudulent act or
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fraudulent means must be made or Swindling or mortgage the same.


executed prior to or simultaneously with a. Thing be immovable
commission of the fraud b. Offender who is not owner of said
c. Offended party must have relied on the property should represent that he is the
false pretense, fraudulent act, or owner thereof
fraudulent means, (induced to part with c. Offender should have executed an act of
his money or property) ownership (selling, leasing, encumbering
d. Damage or mortgaging the real property)
d. To the prejudice of the owner or a 3rd
- executed prior to or simultaneously with the person
commission of the fraud: 2. Any person, who, knowing that real property
1. By using fictitious name, or falsely pretending is encumbered, shall dispose of the same,
to possess power, influence, qualifications, although such encumbrance be not recorded.
property, credit, agency, business or a. Thing disposed of be real property
imaginary transactions, or by means of other b. Offender knew that real property was
similar deceits. encumbered, whether recorded or not
2. By altering the quality, fineness or weight of c. Express representation by the offender
anything pertaining to his art or business. that the real party is free from
3. By pretending to have bribed any Government encumbrance
employee, without prejudice to the action for d. Damage
calumny which the offended party may deem 3. Owner of any personal property who shall
proper to bring against the offender. In this wrongfully take it from its lawful possessor, to
case, the offender shall be punished by the the prejudice of the latter or any third person.
maximum period of the penalty. a. Offender is the owner of personal
4. By post-dating a check, or issuing a check in property
payment of an obligation when the offender b. Property is in lawful possession of
therein were not sufficient to cover the another
amount of the check. The failure of the drawer c. Offender wrongfully takes it from its
of the check to deposit the amount necessary lawful possessor
to cover his check within three (3) days from d. Prejudice is caused to possessor or 3rd
receipt of notice from the bank and/or the person
payee or holder that said check has been 4. Any person who, to the prejudice of another,
dishonored for lack of insufficiency of funds shall execute any fictitious contract.
shall be prima facie evidence of deceit 5. Any person who shall accept any
constituting false pretense or fraudulent act. compensation given him under the belief that
a. The offender postdated a check, or issued it was in payment of services rendered or
a check in payment of an obligation labor performed by him, when in fact he did
b. Such postdating or issuing a check was not actually perform such services or labor.
done when the offender had no funds in 6. Surety
the bank, or his funds deposited therein a. Offender is a surety in bond given in a
were not sufficient to cover the amount criminal or civil action
of the check b. Guaranteed the fulfillment of such
5. Fifth Paragraph obligation with his real property or
a. Obtaining any food, refreshment or properties
accommodation at a hotel, inn, c. He sells, mortgages, or, in any other
restaurant, boarding house, lodging manner encumbers said real property
house or apartment house without d. Such sale, mortgage, or encumbrance is
paying therefore, with intent to defraud (a) without express authority from the
the proprietor or manager thereof court, or (b) made before the cancellation
b. Obtaining credit any of said of his bond, or (c) before being relieved
establishments by the use of false from the obligation contracted by him
pretenses; or 317 1. Offender takes advantage of the inexperience
c. Abandoning or surreptitiously removing Swindling a or emotions or feelings of a minor
any part of his baggage from any of said Minor 2. Induces such minor (a) to assume an
establishments after obtaining credit, obligation, or (b) to give release, or (c) to
food, refreshment or accommodation execute a transfer of any property right
therein, without paying therefore 3. Consideration is (a) some loan of money, (b)
credit or (c) other personal property
Through any of the following fraudulent means: 4. Transaction is to the detriment of such minor
1. Inducing the Signing of any Document. 318 Other Deceits:
a. Induced offender party to sign a Other 1. Defrauding or damaging another by any other
document Deceits deceit not mentioned in the preceding articles
b. Deceit be employed to make him sign 2. Interpreting dreams, by making forecasts, by
c. Offended party personally signed telling fortunes, or by taking advantage of the
document credulity of the public in any other similar
d. Prejudice was caused manner, for profit or gain
2. By resorting to some fraudulent practice to 319 Acts Punishable:
insure success in a gambling game. Removal, 1. By knowingly removing any personal
3. Concealment of Records Sale or property mortgaged under the Chattel
a. A court record, office files, documents or Pledge of Mortgage Law to any province or city other
any other papers Mortgaged than the one in which it was located at the
b. Offender removed, concealed or Property time of execution of the mortgage, without the
destroyed any of them written consent of the mortgagee or his
c. Offender had intent to defraud another executors, administrators or assigns
316 Other Forms of Swindling: 2. By selling or pledging personal property
Other Forms 1. Any person who, pretending to be owner of already pledged, or nay part thereof, under
of any real property, shall convey, sell, encumber the terms of the Chattel Mortgage Law,
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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without the consent of the mortgagee written


on the back of the mortgage and noted on the
record thereof in the office of the register of
deeds of the province where such property is
located
320-326B Repealed by PD 1613 Amending the Law on Arson
327 1. Offender deliberately caused damage to the
Who Are property of another
Liable for 2. Such act does not constitute arson or other
Malicious crimes involving destruction
Mischief 3. The act of damaging another’s property be
committed merely for the sake of damaging it.
(presupposes that the offender acted due to
hate, revenge or other motive)
328 Special Cases of Malicious Mischief:
Special 1. Causing damage to obstruct the performance
Cases of of public functions
Malicious 2. Using any poisonous or corrosive substance
Mischief 3. Spreading any infection or contagion among
(Qualified cattle
Malicious 4. Causing damage to the property of the
Mischief) National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
329 Other Mischiefs
Penalties range according to value of damage
330 Electric wires, traction cables, signal system, and
Damage and other things pertaining to railways, shall be
Obstruction deemed to constitute an integral part of a railway
to Means of system
Communica
tion
331 1. Destroy or damage statues or any other useful
Destroying/ or ornamental public monuments
Damaging 2. Destroy or damage any useful or ornamental
Statues, painting of a public nature
Public
Monuments,
or Paintings
332 Exemptions:
Persons 1. Spouses, ascendants and descendants, or
Exempt relatives by affinity in the same line
from 2. Widowed spouse with respect to property
Criminal which belonged to the deceased spouse before
Liability the same shall have passed into the possession
of another
a. Property belongs to deceased spouse
b. Not passed into the possession of a 3rd
person
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together

Exception: not applicable to strangers participating in


the commission of the crime
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TITLE XI: CRIMES AGAINST CHASTITY 338 1. Offended party is over 12 and under 18 years
Simple of age
Seduction 2. Of good reputation, single or widow
1. Adultery 3. Offender has sexual intercourse with her
2. Concubinage 4. Committed by means of deceit
3. Acts of Lasciviousness 339 1. Offender commits acts of lasciviousness
Acts of 2. Committed upon a woman who is a virgin or
4. Qualified Seduction Lasciviousn single or widow of good reputation, under 18
5. Simple Seduction ess with years of age but over 12 years, or a sister or
6. Acts of Lasciviousness with Consent Consent of descendant regardless of her reputation or age
7. Corruption of Minors Offended 3. Offender accomplishes the acts by abuse of
Party authority, confidence, relationship, or deceit
8. White Slave Trade 340 1. Offender is person under age
9. Forcible Abduction Corruption 2. Person promotes or facilitates prostitution or
10. Consented Abduction of Minors corruption of person under age
3. Purpose is to satisfy lust of another
Crime Elements 341 Acts Penalized:
White Slave 1. Engaging in business of prostitution
333 1. Woman is married Trade 2. Profiting by prostitution
Who are 2. Sexual intercourse with a man not her 3. Enlisting services of women for prostitution
Guilty of husband 342 1. Person abducted is any woman, regardless of
Adultery 3. That as regards the man with whom she has Forcible her age, civil status, or reputation
sexual intercourse, he must know her to be Abduction 2. Abduction is against her will
married 3. Abduction is with lewd designs
334 Ways of Committing Crime: 343 1. Offender must be a virgin
Concubi- 1. By keeping a mistress in the conjugal Consented 2. Over 12 and under 18 years of age
nage dwelling; or Abduction 3. Taking away must be with her consent after
2. By having sexual intercourse, under solicitation or cajolery from the offender
scandalous circumstances, with a woman not 4. Taking away must be with lewd designs
his wife; or 344 1. Adultery and concubinage must be
3. By cohabiting with her in any other place Prosecution prosecuted upon complaint signed by the
of Crimes of offended party
Elements: Adultery, 2. Seduction, abduction or acts of lasciviousness
1. That the man must be married Concu- must be prosecuted upon complaint signed
2. That he committed any of the said acts binage, by:
3. That as regards the woman, she must know Abduction, a. Offended party,
him to be married Rape, and b. Her parents,
336 Elements: Acts of c. Grandparents, or
Acts of 1. Any act of lasciviousness or lewdness Lascivious- d. Guardians
Lasciviousn 2. Against a person of either sex ness
ess 3. Done under any of the following Pardon
circumstances: 1. Adultery or Concubinage – bars prosecution
a. By using force or intimidation of crime
b. When offended party is deprived of - effective if made:
reason or otherwise unconscious a. Before institution of the criminal action,
c. By means of fraudulent machination or and
grave abuse of authority b. Both offenders must be pardoned by both
d. When offended party is under 12 years of parties
age or is demented 2. Acts of Lasciviousness, Seduction and
337 Two Classes: Abduction – bars prosecution of crime
Qualified 1. Seduction of a virgin over 12 and under 18 a. must be EXPRESS
Seduction years of age by certain persons, such as, a b. Before the institution of criminal action
person in authority, priest, teacher, etc. 345 Seduction or Abduction:
a. Offended party is a virgin, which is Civil 1. To indemnify the offended woman
presumed if she is unmarried and of Liability of 2. To acknowledge offspring, unless the law
good reputation Persons should prevent him form doing so
b. Over 12 and under 18 years of age Guilty of 3. In every case, to support the offspring
c. Offender has sexual intercourse with her Crimes
d. Abuse of authority, confidence or Against Adultery or Concubinage
relationship on the part of the offender Chastity - Indemnify damages caused to offended
2. Seduction of a sister by her brother, or spouse
descendant by ascendant, regardless of her 346 Persons Liable
age or reputation Liability of - cooperate as accomplices but are
Ascendants, punished as principals:
Offenders in qualified seduction: Guardians, 1. Ascendants
a. Those who abused their authority: Teachers or 2. Guardian
person in public authority, guardian, Other 3. Curators
teacher, person who, in any capacity, is Persons 4. Teachers, and
entrusted with the education or custody Entrusted 5. Any other person, who cooperates as
of the woman seduced with accomplice with abuse of authority or
b. Those who abused confidence reposed in Custody confidential relationship
them: priest, house servant, domestic
c. Those who abused their relationship:
brother who seduced his sister,
ascendant who seduced his descendant
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
Page 35 of 41

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF


PERSONS

Crime Elements
347 Acts Punished:
Simulation 1. Simulation of births
of Births 2. Substitution of one child for another
3. Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
status
a. Child must be legitimate (and a fully
developed and living being)
b. Offender conceals or abandons such child
c. Offender has the intent to cause such child
to lose its civil status
348 Usurpation of Civil Status: when a person
Usurpation represents himself to be another and assumes
of Civil filiation or parental or conjugal rights of such
Status another person

Qualifying Circumstance: purpose of defrauding


offended party or heirs
349 1. That the offender has been legally married
Bigamy 2. That the marriage has not been legally
dissolved or, in case his or her spouse is absent,
the absent spouse could not yet be presumed
dead according to the CC
3. That he contracts a second or subsequent
marriage
4. That the second or subsequent marriage has all
the essential requisites for validity

Differentiate Concubinage from Bigamy:


1. Bigamy is an offense against the civil status
which may be prosecuted at the instance of the
State; Concubinage is a crime against chastity
and may be prosecuted only at the instance of
the offended party
2. Bigamy is characterized by the celebration of
the 2nd marriage with the first still existing;
Concubinage is characterized by mere
cohabitation of the husband with a woman

350 1. That the offender contracted marriage


Marriage 2. That he knew at the time that:
Contracted a. requirements of law not complied with; or
Against b. the marriage was in disregard of a legal
Provision of impediment
Law
351 Persons Liable:
Premature 1. A widow who married within 301 days from
Marriages the date of the death of her husband, or before
having delivered if she is pregnant at the time
of his death
2. A woman, who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the period
of 301 days after the date of legal separation
352 Persons Liable: Priests or ministers of any religious
Performance denomination or sect, or civil authorities
of Illegal
Marriage
Ceremony
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TITLE XIII: CRIMES AGAINST HONOR Prohibiting manager of a newspaper daily or magazine
Publication 2. That he publishes facts connected with the
of Acts private life of another
Crime Elements Referred to 3. That such facts are offensive to the honor,
353-355 1. Imputation of crime, vice or defect, real or in the virtue, and reputation of said person
Libel by imaginary, or any act, omission, condition, Course of
Means of status, or circumstance Official
Writing or 2. Imputation must be made publicly Proceedings
Similar 3. Malicious 358 Slander – oral defamation
Means 4. Natural or juridical person, or one who is dead Slander
5. Imputation must tend to cause the dishonor, Two Kinds:
discredit or contempt of the person defamed. 1. Simple Slander
2. Grave Slander
Defamatory Imputation: 359 1. That the offender performs any act not included
- imputation may cover: Slander by in any other crime against honor
1. Crime allegedly committed by the offended Deed 2. That such act is performed in the presence of
party other person or persons
2. Vice or defect, real or imaginary, of offended 3. That such act casts dishonor, discredit or
party contempt upon the offended party
3. Any act, omission, condition, status of, or
circumstances relating to the offended party Slander by Deed – crime against honor which is
committed by performing any act which casts
Libel – public and malicious imputation of a crime, dishonor, discredit, or contempt upon another
or of a vice or defect, real or imaginary, or any act, person
omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a Kinds of Slander
natural or juridical person, or to blacken the memory 1. Simple Slander by Deed
of one who is dead 2. Grave Slander by Deed
360 1. Person who publishes, exhibits or causes the
Imputation – sufficient if it causes: Persons publication or exhibition of any defamation in
1. Dishonor (disgrace/shame/ignominy); Responsible writing or similar means
2. Discredit (loss of credit/reputation, disesteem); 2. The author or editor of a book or pamphlet
or 3. The editor or business manager of a daily
3. Contempt (state of being despised) of natural or newspaper magazine or serial publication
juridical person; or 4. The owner of the printing plant which
4. Blacken memory of one who is dead publishes a libelous article with his consent and
354 Malice is Not Presumed in the Following: all other person who in any way participate in
Requiremen 1. Private communication made by person to or have connection with its publication
t for another in performance of any legal, moral or
Publicity social duty Venue when one is a public officer
a. Person who made communication had a 1. With office in Manila – CFI of Manila or city; or
legal, moral or social duty to make province where the libelous article is printed
communication, or, at least, he had an and first published
interest to be upheld 2. Does not hold office in Manila – CFI of province
b. The communication is addressed to an or city where he held office at time of
officer or a board, or superior, having commission of offense; or where printed and
some interest or duty in the matter first published
c. The statements in the communication are 361 Proof of Truth is Admissible in any of the
made in good faith without malice (in fact) Proof of Following:
Truth 1. When the act or omission imputed constitutes a
2. Fair and True Report CRIME regardless of whether the offended
a. That it is a fair and true report, made in party is a private individual or a public officer
good faith, without any comments or 2. When the offended party is a government
remarks, of any judicial, legislative, or other employee, even if the act or omission imputed
official proceedings which are not of does not constitute a crime, provided, it is
confidential nature, or of any statement, related to the discharge of his official duties.
report, or speech delivered in said
proceedings, or of any other act performed Requisites of Defense of Defamation:
by public officers in the exercise of their 1. “If it appears that the matter charged as libelous
functions is true” – proof of truth in defamation is limited
b. That it is made in good faith to:
c. That it is without comments or remarks a. Act or omission constituting a crime
355 Libel May be Committed: writing, printing, b. Act or omission of a public officer which,
Libel By lithography, engraving, radio, phonograph, painting, although not constituting a crime, is
Means of theatrical exhibition, cinematographic exhibition, or related to the discharge of his duties
Writings or any similar means 2. “It was published with good motives” – court
Similar shall determine this by taking into
Means consideration intention and other circumstances
356 Acts Punished: of each particular case
Threatening 1. By threatening another to publish a libel 3. “And for justifiable ends” -
to Publish concerning him, or his parents, spouse, child, or 362 Libelous Remarks or comments connected with the
and Offer to other members of his family Libelous matter privileged under the provisions of Article 354,
Prevent 2. By offering to prevent the publication of such Remarks if made with malice, shall NOT exempt the author
Such libel for compensation, or money consideration thereof nor the editor or managing editor of a
Publication newspaper from criminal liability.
357 1. That the offender is a reporter, editor or
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)
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363 1. That the offender performs an act


Incriminatin 2. That by such act he directly incriminates or
g Innocent imputes to an innocent person the commission
Person of a crime
3. That such act does not constitute perjury.
364 Intriguing against honor is committed by any person
Intriguing who shall make any intrigue which has for its
Against principal purpose to blemish the honor or reputation
Honor of another person