Professional Documents
Culture Documents
Criminal Law Ii Reviewer Vena V. Verga
Criminal Law Ii Reviewer Vena V. Verga
Verga
115 1. Conspiracy to Commit Treason PM and a fine The two witness rule does NOT apply to this
Conspiracy not exceeding article
and Proposal P10,000
to Commit 2. Proposal to Commit Treason PC and a fine not
Treason exceeding
P5,000
116 1. Offender must be owing allegiance to the government and Accessory to the 1. Conspiracy is one to commit treason
Misprision of not a foreigner crime of treason 2. Article 116 is an exception to the rule that
Treason 2. He has knowledge of any conspiracy to commit treason mere silence does not make a person
against the government criminally liable
3. He conceals or does not disclose and make known the
same as soon as possible to governor or fiscal of province
or the mayor or fiscal of the city in which he resides
117 1. By entering, without authority therefore, a warship, fort or PC 1. Espionage – gathering, transmitting, or
Espionage naval or military establishment or reservation to obtain Penalty next losing information respecting the national
any information, plans, photographs or other data of a higher in degree defense with intent or reason to believe that
confidential nature relative to the defense of the shall be imposed the information is to be used to the injury of
Philippines if the offender be the RP or to the advantage of any foreign
a. Offender enters any of the places mentioned therein a public officer or nation
b. He has no authority therefore employee. 2. To be liable under paragraph 1, the offender
c. His purpose is to obtain info, plans, etc. of a must have the intention to obtain
confidential nature relative to defense of RP information relative to the defense of RP
2. By disclosing to the representative of a foreign nation the 3. It is not necessary that the information is
contents of the articles, data, or information referred to in obtained
Par. No. 1 which he had in his possession by reason of the 4. Espionage distinguished from treason:
public office he holds a. Both are crimes not conditioned on
a. Offender is a public officer citizenship
b. He has in his possession the articles, etc. by reason of b. Espionage – may be committed in many
the public office he holds ways, both in time of peace or war;
c. He discloses their contents to a representative of a Treason – 2 ways of committing; and
foreign nation only in time of war
118 1. Offender performs unlawful or unauthorized acts RT if public 1. The intention of offender is immaterial
Inciting to 2. Such acts provoke or give occasion for a war involving or officer or 2. Committed in time of peace
War or Giving liable to involve the Philippines or expose Filipino citizens employee
Motives to reprisals on their persons or property PM if private
individual
119 1. There is a war which the Philippines is not involved PC 1. Neutrality – a nation or power which takes
Violation of 2. There is a regulation issued by competent authority for the no part in a contest of arms going on
Neutrality purpose of enforcing neutrality between others is referred to as neutral
3. Offender violates such regulation 2. There must be regulation issued by
competent authority for enforcement of
neutrality
- if the crime is committed with violence or threats threats meeting of a religious sect
133 1. Acts complained of were performed: A Mayor in 1. It is not necessary that there is a religious
Offending the a. In a place devoted to religious worship, or maximum to PC ceremony going on when the offender
Religious b. During the celebration of any religious ceremony in minimum performs acts notoriously offensive to the
Feelings 2. The acts must be notoriously offensive to the feelings of feelings of the faithful
the faithful 2. There must be deliberate intent to hurt the
feelings of the faithful
Religious Ceremonies – religious acts performed outside of 3. Offense to feelings is judged from
a church, such as processions and special prayers for burying complainant’s point of view
dead person
134 1. There be a public uprising and taking arms against the RP – person who 1. Rebellion or of inciting it is a crime of
Rebellion or Government promotes, masses, of a multitude
Insurrection 2. The purpose of the uprising or movement is either: maintains or 2. Actual clash of arms with the forces of the
a. to remove from the allegiance to said government or heads rebellion government, not necessary to convict the
its laws: or insurrection accused who is in conspiracy with others
i. the territory of the Philippines or any part thereof; actually taking arms against the government
or RT – person 3. Purpose of the uprising must be shown
ii. any body of land, naval or other armed forces; or merely 4. It is not necessary that the purpose be
b. To deprive the Chief Executive or Congress, wholly or participating or accomplished
partially, of any of their powers or prerogatives executing 5. Giving aid or comfort not criminal in
commands of rebellion
Rebellion – used where the object of the movement is others 6. Rebellion distinguished from Subversion –
completely to overthrow and supersede the existing rebellion is a crime against public order;
government Subversion – like treason, against national
security
Insurrection – used in reference to a movement which seeks 7. Mere silence or omission is not punishable in
merely to effect some change of minor importance, or to rebellion
prevent the exercise of governmental authority with respect to 8. It is not a defense in rebellion that the
particular matters or subject accuse never took the oath of allegiance to,
or that they never recognized the
Rebellion distinguished from Treason: government
1. Rebellion – levying of war during peace time for any of the 9. Those who killed persons in pursuance of
purposes mentioned; Treason – performed in aid of enemy movement to overthrow government are
during wartime liable for rebellion only
2. Rebellion always involves taking up arms against 10. There is no complex crime of rebellion with
government; Treason may be committed by mere murder and other common crimes
adherence to the enemy, giving aid or comfort (Hernandez ruling)
11. Killing, robbing, etc for a private purpose or
profit, without any political motivation,
would be separately punished and would not
be absorbed in the rebellion
134-A 1. Offender is a person(s) belonging to the military or police RT in maximum 1. Coup d’ etat may be committed with or
Coup d’etat or holding any public office or employment – person in without civilian participation
2. It is committed by means of a swift attack accompanied government 2. Those liable for Rebellion, Insurrection
by violence, intimidation, threat, strategy or stealth service who and/or Coup d’ etat (Article 135)
3. The attack is directed against duly constituted authorities participates, or a. Leaders
of the Philippines, or any military camp or installation, executes i. any person who promotes, maintains,
communication networks, public utilities or other facilities directions or or heads a rebellion or insurrection
needed for the exercise and continued possession of commands of ii. any person who leads, directs, or
power others in commands others to undertake a coup
4. The purpose of the attack is to seize or diminish state undertaking a d’etat
power coup d’etat b. Participants
PM in maximum i. Any person who participates or
Political Crimes Distinguished from Common Crimes – person not in executes the commands of others in
- Political crimes are those directly aimed against the government rebellion or insurrection
political order, as well as such common crimes as may service who ii. Any person in the government service
be committed to achieve a political purpose participates, or who participates, or executes
- The decisive factor is the intent or motive in any manner directions or commands of others in
supports, undertaking a coup d’etat
finances, abets iii. Any person not in the government
or aids in service who participates, supports,
undertaking a abets, or aids in undertaking a coup
coup d’etat d’etat
136 Conspiracy and Proposal to Commit Coup d’etat PM in minimum 1. Merely agreeing and deciding to rise publicly
Conspiracy and fine not to and take arms against the government for
and Proposal exceed P8,000 the purposes of rebellion or merely
to Commit Conspiracy to Commit Rebellion or Insurrection PC in maximum proposing the commission of said acts is
Coup d’etat, and fine not to already subject to punishment
Rebellion or exceed P5,000 2. No conspiracy when there is no agreement
Insurrection Proposal to Commit Rebellion or Insurrection PC in medium and no decision to commit rebellion
and fine not to
exceed P2,000
137 1. Offender is a public officer or employee PC in minimum 1. The crime of disloyalty of public officers
Disloyalty of 2. Commits any of the following acts of disloyalty: presupposes the existence of rebellion by other
Public a. Failing to resist a rebellion by all the means in their persons
Officers power; 2. The offender under Article 137 must not be in
b. Continuing to discharge the duties of their offices conspiracy with the rebels
under the control of the rebels;
c. Accepting appointment to office under them
138 1. Offender does not take arms or is not in open hostility PM in minimum 1. Inciting to Rebellion Distinguished from
Inciting to against the government Proposal
Rebellion 2. He incites others to the execution of any of the acts of a. in both, the offender induces another to
rebellion commit rebellion
3. The inciting is done by means of speeches, proclamations, b. in proposal, person who proposes has
writings, emblems, banners or other representations decided to commit rebellion; in inciting,
tending to the same end it is not required that offender has
a. Offender does not take direct part in the crime of disturb the peace of the community, the
sedition safety and order of the government
b. Commits any of the following acts of sedition either 2 3. Knowingly concealing such evil practices is
or 3 treated and punished as that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
143 1. There be a projected or actual meeting of Congress or any PC or a fine Chief of police and mayor who prevented the
Acts Tending of its committees or subcommittees, constitutional ranging from meeting of the municipal council are liable under
to Prevent committees or divisions thereof, or of any provincial board P200 to P2,000 Article 143, when the defect of the meeting is
the Meeting or city or municipal council or board or both not manifest and requires an investigation
of Congress 2. The offender who may be any person prevents such before its existence can be determined
meeting by force or fraud
144 1. There be a meeting of Congress or any of its committees A Mayor or a fine 1. The complaint for disturbance of proceedings
Disturbance or subcommittees, constitutional commissions or of P200 to may be filed by a member of a legislative
of committees or divisions thereof, or of any provincial board P1,000 body
Proceedings or city or municipal council or board 2. One who disturbs the proceedings of the
of Congress 2. The offender does any of the following acts: congress my also be punished for contempt
and Similar a. He disturbs any of such meetings
Bodies b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
145 First Form PM 1. Parliamentary immunity does not protect
Violation of 1. The offender (any person) uses force, intimidation, threats members of the Congress from responsibility
Parliamentar or fraud. before the legislative body itself
y Immunity 2. The purpose of the offender is to prevent any member of 2. It is sufficient that the offender, in using
Congress from: force, intimidation, threats, or frauds, has
a. Attending the meetings of Congress or any of its the purpose to prevent a member of
committees, etc.; or Congress from exercising any of his such
b. Expressing his opinion; or prerogatives
c. Casting his vote
Second Form PC
1. Offender is a public officer or employee
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search, is in regular or
special session
4. The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor
146 1. Any meeting attended by armed persons for the purpose PC in maximum 1. Persons present at the meeting must be
Illegal of committing any of the crimes punishable under the code to PM in medium armed in the first form of illegal assembly
Assemblies a. there is a meeting, a gathering or group of persons, – for organizers 2. But not all the persons present at the
whether in a fixed place or moving or leaders of any meeting of the 1st form of illegal assembly
b. that the meeting is attended by armed persons meeting under must be armed
c. that the purpose of the meeting is to commit any of this article 3. The unarmed person merely present at the
the crimes punishable under the code meeting of the 1st form of illegal assembly is
2. Any meeting in which the audience, whether armed or not, A Mayor – liable
is incited to the commission of treason, rebellion or unarmed persons 4. If any person present at the meeting carries
insurrection, sedition, or assault upon a person in merely present an unlicensed firearm:
authority or his agents a. It is presumed that the purpose of the
a. there is a meeting, a gathering or group of persons, PC – armed meeting insofar as he is concerned, is to
whether in a fixed place or moving persons merely commit acts punishable under the Code;
b. the audience, whether armed or not, is incited to the present and
commission of the crime of treason, rebellion or b. He is considered a leader or organizer of
insurrection, sedition or direct assault the meeting
5. Meeting – includes a gathering or group,
Persons liable for illegal Assembly: whether in a fixed place or moving
1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
147 Illegal Associations: PC in minimum Illegal Association distinguished from Illegal
Illegal 1. Associations totally or partially organized for the purpose and medium and Assembly
Associations of committing any of the crimes punishable under the a fine not 1. In Illegal Association, it is not necessary that
Code exceeding there be an actual meeting; In illegal
2. Associations totally or partially organized for some P1,000 – Assembly, it is necessary there is an actual
purpose contrary to public morals founders, meeting
directors, and 2. In illegal associations, it is the act of forming
Persons Liable for Illegal Association: presidents or organizing and membership in association
1. Founders, directors and president of the association A Mayor – mere that are punished; in Illegal Assembly, it is
2. Mere members of the association members of said the meeting and attendance at such meeting
association that are punished
3. In illegal associations, the persons liable are
the founders, directors and president and
the members; In illegal assembly the person
liable are the organizers or leaders of the
meeting, and persons present at such
meeting
148 Two Forms of Direct Assault and Their Requisites: PC in medium 1. It does not seem that the offended party in
Direct 1. Without public uprising, by employing force or and maximum the first form of direct assault must be a
Assaults intimidation, for the attainment of any of the purposes periods and a person in authority or his agent
enumerated in defining the crimes of rebellion and sedition fine not 2. If the offended party is only an agent of a
a. the offender employs force or intimidation exceeding person in authority, the force employed
b. the aim of the offender is to attain any of the purposes P1,000 – when must be of SERIOUS character to be direct
of the crime of rebellion or any of the objects of crime the assault is assault
of sedition committed with a 3. The force employed NEED NOT be serious
c. there is no public uprising weapon or when when the offended party is a person in
the offender is a authority
2. Without public uprising, by attacking or employing force or public officer or 4. The intimidation or resistance must be
by seriously intimidating or by seriously resisting any employee serious whether the offended party is an
person in authority or any of his agents, while engaged in agent only or he is a person in authority
the performance of official duties, or on the occasion of PC in minimum 5. The resist must be grave, therefore it must
such performance period and a fine be active resistance
not exceeding 6. Intimidation must produce its effects
Simple Assault: P500 – no immediately
a. the offender makes an attack, employs force, makes a circumstances 7. To determine whether a certain public officer
serious intimidation, or makes a serious resistance present is a person in authority, the powers and
b. the person assaulted is a person in authority or his duties vested in him by law should be
agent determined
c. at the time of the assault the person in authority or 8. The status of person in authority being a
his agent is engaged in the actual performance of matter of law, ignorance thereof is no
official duties, or that he is assaulted by reason of the excuse
past performance of official duties 9. Functions of the person in authority or his
d. the offender knows that the one he is assaulting is a agent must be clearly shown in the
person in authority or his agent in the exercise of his information
duties 10. When a person in authority or their agents
e. there is no public uprising descended to mattes which are private in
nature, an attack made by one against the
Qualified Assault other is not direct assault
a. when the assault is committed with a weapon 11. Even if the agent of a person in authority
b. when the offender is a public officer or employee agrees to fight, it still constitutes direct
c. when the offender lays hands upon a person in assault
authority 12. If a person in authority or his agent goes
beyond the scope of the respective powers
Person in Authority – any person directly vested with of public officers, if they are fixed, then they
jurisdiction, whether as an individual or as a member of some are considered NOT in the performance of
court or governmental corporation, board or commission, shall official duties
be deemed a person in authority 13. Knowledge of the accused that the victim is
a person in authority or his agent is essential
Agent of Person in Authority – one who, by direct provision 14. Defendant must have the intention to defy
of law, or by election or by appointment by competent the authorities
authority, is charged with the maintenance of public order and 15. If is not necessary that the person in
the protection and security of life and property, such as a authority who was assaulted was ACTUALLLY
barrio vice-lieutenant, barrio councilman and barrio performing official duties
policeman, and any person who comes to the aid of persons in 16. Evidence of motive is important when the
authority person attacked or seriously intimidated is
NOT in the actual performance of his official
To be an agent of a person of authority, one must be duty
charged with: 17. Where in the commission of direct assault,
1. maintenance of public order; and serious or less serious physical injuries are
2. protection and security of life and property also inflicted, the offender is guilty of the
disobeying, the crime committed is resistance authority is not accused had no right to make the search
of a serious
nature Paragraph 2:
6. The order must be lawful
7. If the disobedience to an agent of a person
in authority is of a serious nature, the
offender should be punished under par. 1 of
Article 151
8. When the attack or employment of force is
not deliberate, the crime is only resistance
or disobedience
153 Tumults and Other Disturbances of Public Order: A Mayor in 1. Serious disturbance must be planned or
Tumults and 1. Causing any serious disturbance in a public place, office or medium to PC in intended
Other establishment minimum and a 2. If the act of disturbing or interrupting a
Disturbances 2. Interrupting or disturbing performances, functions or fine not meeting or religious ceremony is not
of Public gatherings, or peaceful meetings, if the act is not included exceeding committed by public officers, or if committed
Order in Articles 131 and 132 P1,000 by public officers they are participants
3. Making any outcry tending to incite rebellion or sedition in Penalty next therein, Article 153 should be applied
any meeting, association or public place higher in Degree 3. Inciting to Sedition or Rebellion
4. Displaying placards or emblems which provoke a – person causing distinguished from Public Disorder – It is
disturbance of public order in such place any disturbance necessary that offender should have done
5. Burying with pomp the body of a person who has been or interruption of the act with the idea aforethought of
legally executed a tumultuous inducing his hearers or readers to commit
character the crime of rebellion or sedition; if the
Outcry – to shout subversive or provocative words tending to A Mayor – outcry is more or less unconscious outburst,
stir up the people to obtain by means of force or violence any person who shall which, although rebellious or seditious in
of the objects of rebellion or sedition make any outcry nature, is not intentionally calculated to
tending to incite induce others to commit rebellion or
Circumstances Qualifying the Disturbance or rebellion or sedition, it is only public disorder
Interruption sedition 4. One who fired a submachine gun to cause
- if tumultuous in character A Menor and a disturbance, but inflicted serious physical
fine not to injuries on another, may be prosecuted for 2
Tumultuous – the disturbance or interruption shall be deem exceed P200 – crimes
as such if caused by more than three persons who are armed bury with pomp
or provided with means of violence the body of a
person legally
executed
154 Acts Punished as Unlawful Use of Means of Publication A Mayor and fine 3. If there is no possibility of danger to the
Unlawful Use and Unlawful Utterances: ranging from public order or of causing damage to the
of Means of 1. Publishing or causing to be published, by means of P200 to P1,000 interest or credit of the state by the
Publication printing, lithography or any other means of publication, as publication of the false news
and Unlawful news any false news which may endanger the public
159 1. Offender was a convict PC in minimum 1. The court cannot require the convict to serve
Violation of 2. He was granted a conditional pardon by the Chief period – if the unexpired portion of his original
Conditional Executive penalty remitted sentence if it does not exceed 6 years
Pardon 3. He violated any of the conditions of such pardon does not exceed 2. Violation of conditional pardon is not a
6 years substantive offense, because the penalty for
Conditional Pardon – a contract between the Chief such violation is the unexpired portion of the
Executive, who grants the pardon, and the convict, who Unexpired punishment in the original sentence
accepts it Portion of 3. Condition extends to special laws
Original 4. Offender must be found guilty of subsequent
Sentence – if offense before he can be prosecuted under
penalty remitted Article 159
is higher than 6 5. Offender can be arrested and re-
years incarcerated without trial
6. The period when convict was at liberty, not
deducted in case he is recommitted
7. Duration of the conditions subsequent is
limited to the remaining period of the
sentence
160 Quasi-Recidivism Besides the 1. Second crime must be a felony; but the first
Commission 1. The offender was already convicted by final judgment of provisions of crime for which the offender is serving
of Another one offense Rule 5 Article 62, sentence need not be a felony (could be
Crime During 2. He committed a new felony before beginning to serve such Maximum of under a special law)
Service of sentence or while serving the same penalty 2. Quasi-Recidivism cannot be offset by
Penalty prescribed by ordinary mitigating circumstances
Imposed for Quasi-Recidivism Distinguished from Reiteracion – law for the new 3. A quasi-recidivist, who is not a habitual
Another reiteracion requires that the offender against who it is felony criminal, may be pardoned at the age of 70
Previous considered shall have served out his sentences for the prior years if he has already served out his
Offense offenses original sentence or when he shall complete
it after reaching said age
161 Acts Punished: RT 1. The offense is not falsification of public
Forging the 1. Forging the Great Seal of the Government of the document
Seal of the Philippines 2. The President has custody and use of the
Gov’t, 2. Forging the signature of the president Great Seal
Signature or 3. Forging the stamp of the president 3. The signature of the President must be
Stamp of the forged
Chief
Executive
162 1. That the Great Seal of the Republic was counterfeited or P Mayor The offender under this article should not be the
Using Forged the signature or stamp of the Chief Executive was forged forger.
Signature or by another person
Counterfeit 2. The offender knew of the counterfeiting or forgery
Seal or 3. He used the counterfeit seal or forged signature or stamp
Stamp
163 1. There be false or counterfeited coins PM in minimum 1. A coin is false or counterfeited if it is forged
Making and 2. The offender either made, imported or uttered such coins and medium and or if it is not authorized by the government
Importing 3. That in case of uttering such false or counterfeited coins, a fine not to as legal tender, regardless of its intrinsic
and Uttering he connived with the counterfeiters or importers exceed P10,000 value
False Coins – silver coin of 2. Former coins withdrawn from circulation
Coin – is a piece of metal stamped with certain marks and Philippines or may be counterfeited under Article 163
made current at a certain value coin of CB 3. Kinds of coins the Counterfeiting of which is
PC in minimum Punished:
Counterfeiting – means the imitation of a legal or genuine and medium and a. Silver coin of the Philippines or coin of
coin; there must be an imitation of the peculiar design of a a fine not to the Central Bank of the Philippines
genuine coin exceed P2,000 – b. Coin of minor coinage of the Philippines
minor coinage of or of the Central Bank of the Philippines
Import – means to bring them into port the Philippines or c. Coin of the currency of a foreign country
CB
Utter – means to pass counterfeited coins; includes their PC in minimum
delivery or act of giving them away and a fine not to
exceed P1,000 –
currency of
foreign country
164 Acts Punished: PC in minimum 1. Mutilation – means to take off part of the
Mutilation of 1. Mutilating coins of the legal currency, with further and a fine not to metal either by filing it or substituting it for
Coins requirement that there be intent to damage or to defraud exceed P2,000 another metal of inferior quality; to diminish
another by ingenuous means the metal in the coin
2. Importing or uttering such mutilated coins, with the 2. The coin must be of legal tender in
further requirement that there must be connivance with mutilation
the mutilator or importer in case of uttering 3. Coins of foreign country not included
165 1. Possession of coin, counterfeited or mutilated by another Penalty lower by1. Possession of or uttering false coin does not
Selling of person, with intent to utter the same, knowing that it is one degree than require that the counterfeited coin is legal tender
False or false or mutilated that prescribed 2. Constructive possession included
Mutilated a. Possession in said articles 3. Possession of counterfeiter or importer not
Coins, b. With intent to utter punished as separate offense
Without c. Knowledge 4. Accused must have knowledge of the fact that
Connivance 2. Actually uttering such false or mutilated coins, knowing the coin is false
the same to be false and mutilated 5. Punishable even if the offender was not in
a. Actually uttering connivance with counterfeiter or mutilator
b. Knowledge
166 Acts Punishable: RT in minimum 1. Uttering forged bill must be with connivance
Forging 1. Forging or falsification of treasury or bank notes or other and fine not to to constitute a violation of Article 166
Treasury or documents payable to bearer exceed P10,000 2. Notes and other obligations and securities
Bank Notes 2. Importation of such false or forged obligations or notes – obligation or that may be forged or falsified under Article
or Other 3. Uttering of such false or forged obligations or notes in security of 166:
Documents connivance with the forgers or importers Philippines a. Treasury or bank notes,
Payable to P Mayor in b. Certificates
Bearer Forging – committed by giving to a treasury or bank note or maximum period c. Other obligations and securities, payable
any instrument payable to bearer or to order the appearance and a fine not to to bearer
of a true and genuine document; to forge an instrument is to exceed P5,000 – 3. A bank note, certificate or obligation and
make false instrument intended to be passed for the genuine circulating note security is payable to bearer when it can be
one issued by any negotiated by mere delivery
banking 4. Penalties depend upon the kind of forged
Falsification – committed by erasing, substituting, association duly treasure or bank notes or other documents
counterfeiting, or altering by any means, the figures, letters, authorized by 5. Forgery is Committed: (Article 169)
words, or signs contained therein law a. By giving to a treasury or bank note or
P Mayor in any instrument payable to bearer or to
Importation – means to bring them into the Philippines, medium and a order mentioned therein, the appearance
which presupposes that the obligations or notes are forged or fine not to of a true and genuine document
falsified in a foreign country exceed P5,000 – b. By erasing, substituting, counterfeiting,
issued by foreign or altering by any means the figures,
Uttering – means offering obligations or notes knowing them gov’t letters, words, or sign contained therein
to be false or forged, whether such offer is accepted or not, P Mayor in
with a representation, by words or actions, that they are minimum and a
genuine and with an intent to defraud fine not to
exceed P2,000 –
Obligation or Security – all bonds, certificates of circulating note
indebtedness, national bank notes, coupons, treasury notes, or bill issued by
fractional notes, certificates of deposits, bills, checks, drafts foreign bank duly
for money, and other representatives of value under any act authorized
of Congress therefore
167 1. There be an instrument payable to order or other PC in medium 1. Application of this article is limited to
Counterfeitin document of credit not payable to bearer and maximum instruments payable to order
g 2. The offender either forged, imported or uttered such and a fine not to 2. It includes such instruments or document of
Instruments instrument exceed P6,000 credit issued by a foreign government or
Not Payable 3. In case of uttering, he connived with the forger or bank
to Bearer importer 3. Connivance is not required in uttering if the
utterer is the forger
168 1. That any treasury or bank not or certificate or other Penalty next 1. Intent to posses is not intent to use
Illegal obligation and security payable to bearer, or any lower in degree 2. Possession of false treasury or bank notes
Possession instrument payable to order or other document of credit than that alone is not a criminal offense
and use of not payable to bearer is forged or falsified by another prescribed in 3. Accused must have knowledge of forged
False person said articles character of the note
Treasury or 2. The offender knows that any of those instruments is 4. A person in possession of falsified document
Bank Notes forged or falsified and who makes use of the same is presumed
and Other 3. He performs any of these acts: to be material author of falsification
Instruments a. using any of such forged or falsified instruments 5. It is not an impossible crime when the act
of Credit b. possessing with intent to use any of such forged or performed would have been a crime of illegal
falsified instruments possession of false treasury notes
170 1. That there be a bill, resolution or ordinance enacted or PC in maximum 1. Bill, resolution or ordinance must be genuine
Falsification approved or pending approval by either House of the and a fine not to 2. Offender is any person
of Legislative Legislature or any provincial board or municipal council exceed P6,000 3. The act of falsification in legislative
Documents 2. The offender alters the same document is limited to altering it which
3. He has no proper authority therefore changes its meaning
4. The alteration has changed the meaning of the document
171 1. Offender is a public officer, employee or notary public P Mayor and a 1. In falsification by making alteration or
Falsification 2. He takes advantage of his official position fine not to intercalation or including in a copy a
by Public a. He has duty to make or to prepare or otherwise exceed P5,000 – different statement, there must be a genuine
Officer, intervene in the preparation of the document; or first paragraph document that is falsified; in other
Employee, or b. He has the official custody of the document which he paragraphs, falsification may be committed
Notary or falsifies Same penalty – by simulating or fabricating a document
Ecclesiastical 3. That he falsifies a document by committing any of the ecclesiastical 2. Paragraph 1
Minister following acts: minister a. Counterfeiting – imitating any
a. counterfeiting or imitating (feigning) any handwriting, handwriting, signature or rubric
signature or rubric b. Feigning – simulating a signature,
i. that there be an intent to imitate, or an attempt to handwriting or rubric out of one which
imitate does not in fact exist
ii. that the 2 signatures or handwritings, the genuine 3. Paragraph 2 – when committed by a private
and the forged, bear some resemblance to each individual, Article 172 should apply
other 4. Paragraph 4
b. causing it to appear that persons have participated in a. There must be a narration of facts, not
any act or proceeding when they did not in fact so of conclusion of law
participate b. Legal Obligation – there is a law
i. the offender caused it to appear in a document requiring the disclosure of the truth of
that a person(s) participated in an act or the facts narrated
proceeding c. Person making the narration of facts
ii. That such person(s) did not in fact so participate must be aware of the falsity of the facts
in the act or proceeding narrated by him
c. Attributing to person who have participated in an act d. Perversion of truth must be made with
or proceeding statements other than those in fact the wrongful intent of injuring 3rd person
made by them e. Wrongful intent not essential when the
i. that a person(s) participated in an act or document falsified is a public document
proceeding f. Good faith is a defense
ii. that such person(s) made statements in that act g. Falsification by omission is punishable
or proceeding 5. Paragraph 5 – Date must be essential
iii. that the offender, in making the document, 6. Paragraph 7
attributed to such person(s) statements other than a. liability of private individual when there
those in fact made by such person(s) is conspiracy – same as public officer
d. Making untruthful statements in a narration of facts b. Intent to gain or prejudice not necessary
i. that the offender makes in a document statements
in a narration of facts
ii. that he has a legal obligation to disclose the truth
177 Two Ways of Committing the Crime: PC in minimum 1. There must be positive, express and explicit
Usurpation of 1. By knowingly and falsely representing oneself to be an and medium representation
Authority or officer, agent or representative of any department or periods 2. The offender should have represented
Official agency of the Philippine Government or any foreign himself to be an officer, agent or
Functions government representative of any department or agency
- In usurpation of authority, the mere act of knowingly of the government; or should have
and falsely representing oneself to be an officer, etc. is performed an act pertaining to a person in
sufficient; it is not necessary that he performs an act authority or public officer
pertaining to a public officer 3. False representation may be shown by acts
2. By performing any act pertaining to any person in 4. Article 177 may be violated by a public
authority or public officer of the Philippine Government or officer
of a foreign government or any agency thereof, under 5. Article 177 does not apply to occupant under
pretense of official position, and without being lawfully color of title
entitled to do so 6. Article 177 punishes usurpation of authority
- In usurpation of official functions, it is essential that the or official functions of any officer of any
offender should have performed an act pertaining to a foreign government
person in authority or public officer, in addition to other 7. The act performed, without the offender
requirements being lawfully entitled to do so, must pertain
to the government, or to any person in
authority, or to any public officer
178 Using Fictitious Name: A Mayor and a 1. If the purpose is for causing damage, it must
Using 1. The offender uses a name other than his real name fine not to be damage to public interest
Fictitious 2. He uses that fictitious name publicly exceed P500 – 2. Signing a fictitious name in an application for
Name and 3. The purpose of the offender is to conceal a crime, to use of fictitious passport is publicly using such fictitious
Concealing evade the execution of a judgment, or to cause damage to name name
True Name public interest 3. Where a person takes the place of another
Concealing True Name: A Menor and a who has been convicted by final judgment,
1. That the offender conceals his true name and all other fine not to he is guilty of using a fictitious name
circumstances exceed P200 – punishable under this Article
2. That the purpose is only to conceal his identity conceal true 4. Fictitious Name – any other name which a
name person publicly applies to himself without
Distinction Between Use of Fictitious Name and Concealing authority of law
True Name: 5. Com Act No. 142 regulates the use of aliases
1. In use, the element of publicity must be present; in
concealing true name, that element is not necessary
181 Nature of the Crime – False testimony favorable to the A Mayor in max 1. False testimony by negative statement is in
False defendant is equally repugnant to the orderly administration of to PC in favor of defendant
Testimony justice minimum and a 2. The false testimony favorable to the
Favorable to fine not to defendant need not benefit the defendant
Defendant False testimony is punished because of its tendency to favor exceed P1,000 – 3. Rectification made spontaneously after
or to prejudice the defendant if prosecution is realizing the mistake is not false testimony
for a felony
punishable by an
afflictive penalty
A Mayor – in any
other case
182 1. That the testimony must be given in a civil case PC in minimum 1. The testimony given in civil case must be
False 2. That the testimony must relate to the issues presented in and a fine not to false
Testimony in said case exceed P6,000 2. Article 182 is not applicable when the false
Civil Cases 3. That the testimony must be false testimony is given in special proceedings
4. That the false testimony must be given by the defendant A Mayor in max 3. Penalty depends on amount of the
knowing the same to be false to PC in controversy
5. That the testimony must be malicious and given with an minimum and a. PC in minimum and a fine not to exceed
intent to affect the issues presented in said case fine not to P6,000 – if amount in controversy shall
exceed P1,000 exceed P5,000
b. A Mayor in max to PC in minimum and
fine not to exceed P1,000 – if amount in
controversy shall not exceed said
amount or cannot be estimated
183 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of
False a. By falsely testifying under oath; and maximum to PC materiality
Testimony in b. By making a false Affidavit in minimum 2. Distinguish:
Other Cases 2. Elements of Perjury a. Material – when it is directed to prove a
and Perjury a. That the accused made a statement under oath or fact in issue
in Solemn executed an affidavit upon a material matter b. Relevant – when it tends in any
Affirmation b. That the statement or affidavit was made before a reasonable degree to establish the
competent officer, authorized to receive and probability or improbability of a fact in
administer oath issue
c. That in the statement or affidavit, the accused made a c. Pertinent – when it concerns collateral
willful and deliberate assertion of a falsehood; and matters which make more or less
d. That the sworn statement or affidavit containing the probable the proposition at issue
falsity is required by law 3. If the false testimony given by the witness Is
not important, essential or material to the
Oath – any form of attestation by which a person signifies principal matter under investigation, it
that he is bound in conscience to perform an act faithfully and cannot properly be held that perjury is
truthfully committed
Affidavit – sworn statement in writing; a declaration in writing, 4. No perjury if defendant subscribed and
made upon oath before an authorized magistrate or officer swore before a clerk in treasurer’s office
since clerk in not a competent person
Material Matter – it is the main fact which is the subject of authorized to administer oaths
the inquiry or any circumstance which tends to prove that 5. The assertion of falsehood must be willful
fact, or any fact or circumstance which tends to corroborate or and deliberate
strengthen the testimony relative to the subject of inquiry, or 6. Good faith or lack of malice is a defense in
which legitimately affects the credit of any witness who perjury
testifies 7. Even if there is no law, requiring the
statement to be made under oath, as long as
Competent Person Authorized to Administer Oath – a it is made for a legal purpose, it is sufficient
person who has a right to inquire into the questions presented 8. Two contradictory sworn statements are not
him upon matters under his jurisdiction sufficient to convict of perjury
to monopolize said merchandise or object in order to 4. If the offense affects any food substance,
alter the prices thereof by spreading false rumors or motor fuel or lubricants or other article of
making use of any other artifice to restrain free prime necessity, it is sufficient for the
competition in the market imposition of the higher penalty that the
3. Manufacturer, producer, or processor or importer initial steps have been taken toward carrying
combining, conspiring or agreeing with any person to out the purposes of combination
make transactions prejudicial to lawful commerce or to 5. When the offense is committed by a
increase the market price of merchandise corporation or association, the president and
a. Person Liable – manufacturer, producer, processor, or directors or managers are liable as principals
importer of any merchandise or object of commerce thereof; But the president and directors or
b. Crime Committed by – combining, conspiring, or managers are only liable if they:
agreeing with any person a. knowingly permitted, or
c. Purpose – to make transactions prejudicial to lawful b. failed to prevent the commission of such
commerce, or to increase the market price of any offense
merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines
187 1. That the offender imports, sells, or disposes of any of PC or a fine 1. Articles of merchandise involved: gold,
Importation those articles or merchandise ranging from silver, other precious metals, or their alloys.
and 2. The stamps, brands, or marks of those articles of P200 to P1,000 2. Selling the misbranded articles is not
Disposition of merchandise fail to indicate the actual fineness or quality necessary
Falsely of said metals or alloys 3. Article 187 does not apply to manufacturer
Marked 3. The offender knows that stamps, brands, or marks fail to of misbranded articles made of gold, silver,
Articles indicate the actual fineness or quality of the metals or etc.
alloys
188 Acts Punishable: PC in minimum 1. The trade name, etc. used by the offender
Substituting 1. By substituting the trade name or trademark of some or a fine ranging need not be identical with the infringed trade
and Altering other manufacturer or dealer, or a colorable imitation from P500 to name, etc of the offended party; a colorable
Trademarks, thereof, for the trade name or trademark of the real P2,000 or both imitation is sufficient
Trade manufacturer or dealer upon any article of commerce and 2. There must not be differences which are
names, or selling the same glaring and striking to the eye
Service 2. By selling or by offering for sale such articles of 3. Mark – any visible sign capable of
marks commerce, knowing that the trade name or trademark has distinguishing the foods (trademark) or
been fraudulently used service (service mark) of an enterprise and
3. By using or substituting the service mark or some other shall include a stamped or marked container
person, or a colorable imitation of such mark, in the sale 4. The trademark’s function is to indicate the
or advertising of his services origin or ownership of the goods to which it
4. By printing, lithographing, or reproducing trade name, is fixed
trademark, or service mark of one person, or a colorable 5. The objects of trademark are to point out
imitation thereof, to enable another person to fraudulently distinctly the origin or ownership of the
use the same, knowing the fraudulent purpose for which it article to which it is affixed, to secure to
is to be used him, who has been instrumental in brining
into market a superior article of
Trade Name – name or designation identifying or merchandise, the fruit of his industry and
distinguishing an enterprise skill, and to prevent fraud and imposition
6. It is not necessary that the goods of the
Trade Name Distinguished from Trademark prior user and the late user of the trademark
1. Trade name is used in trade to designate a particular are of the same categories
business of certain individuals considered as an entity; 7. The trade name or trademark must be
trademark is used to indicate the origin or ownership of registered
the goods to which it is affixed 8. Trademark must not be merely descriptive
2. Trade name, unlike trademarks, are not necessarily or generic
attached or affixed to the goods of the owner 9. The exclusive right to an originally valid
trademark or trade name is lost, if for some
reason it loses its distinctiveness or has
become “publici juris”
189 Acts Punished: Penalty provided 1. Mere offer for sale completes the
Unfair 1. By selling his goods, giving them the general appearance for in the next commission of the crime
Competition, of the goods of another manufacturer or dealer (Unfair preceding article 2. Evidence of actual fraudulent intent is not
Fraudulent Competition) necessary
Registration a. That the offender gives his goods the general 3. The basis for penalizing unfair competition is
of Trade appearance of the goods of another manufacturer or that no one shall, by imitating or any unfair
Name, dealer device, induce the public to believe that the
trademark, or b. That the general appearance is shown in the (a) goods goods he offers for sale are the goods of
service mark, themselves, or in the (b) wrapping of their packages, another, and thereby appropriate to himself
Fraudulent or in the (c) device or words therein, or (d) any other the value of the reputation which the other
designation feature of their appearance has acquired for the products or
of Origin, and c. That the offender offers to sell(s) those goods or gives merchandise manufactured or sold by him
False other persons a chance or opportunity to do the same 4. The true test of unfair competition is
Description with a like purpose whether certain goods have clothed with an
d. That there is actual intent to deceive public or defraud appearance which is likely to deceive
a competitor ordinary purchaser exercising ordinary care,
2. By (a) affixing to his goods or using in connection with his and not whether a certain limited class of
services a false designation of origin, or any false purchaser with special knowledge not
description or representation, and (b) by selling such possessed by the ordinary purchaser could
goods and services avoid mistake by the exercise of this special
3. By procuring fraudulently from the patent office the knowledge
registration of trade name, trademark, or service mark 5. Master is liable for acts of servant
6. Infringement of Trademark or Tradename
Smuggling or Illegal Importation: distinguished from Unfair Competition
- requisites: a. UC is broader and more inclusive
1. that the merchandise must have been fraudulently or b. In UC, the offended party has identified
knowingly imported contrary to law in the mind of the public the goods he
2. that the defendant, if he is not the importer himself, must manufactures or deals in from those of
have received, concealed, bought, sold or in any manner others; while in infringement, the
facilitated the transportation, concealment or sale of the offended party has identified a peculiar
4. By maintaining or employing a totalizer or other device or A Mayor or a fine a. July 4th of every year
scheme for betting on races or realizing profit therefrom, from P200 to b. December 30th of every year
during the periods not allowed by law P2,000, or both c. Any registration or voting days
d. Holy Thursday and Good Friday
2. The race held on the same day and at the
same place is punishable as separate
offenses
3. There is no liability if there is no betting or
use of totalizer
199 Amended by PD 449 Cockfighting Law of 1974 A Menor or a fine 1. Permitting gambling of any kind in cockpit is
Illegal Persons Liable: not exceeding punished under the same Decree
Cockfighting 1. Any person who directly or indirectly participates in P200 or both 2. Spectators in a cockfight are not liable
cockfighting, by betting money or other valuable things, or
who organizes cockfights at which bets are made, on a
day other than those permitted by law
2. Any person who directly or indirectly participates in
cockfights, by betting money or other valuable things, or
organizes such cockfights, at a place other than a licensed
cockpit
200 1. That the offender performs an act(s) A Mayor and 1. Decency – propriety of conduct; proper
Grave 2. That such act(s) be highly scandalous as offending against Public Censure observance of the requirements of modesty,
Scandal decency or good customs good taste, etc.
3. That the highly scandalous conduct is not expressly falling 2. Customs – established usage, social
within any other article of this Code conventions carried on by tradition and
4. That the act or acts complained of be committed in a enforced by social disapproval of any
public place or within the public knowledge or view violation thereof
Grave Scandal – consists of acts which are offensive to 3. If the act(s) of the offender are punished
decency and good customs which, having been committed under another article of this code, Article
publicly, have given rise to public scandal to persons who have 200 is not applicable
accidentally witnessed the same 4. The acts must be performed in a public place
or within the public knowledge or view
201 Publicity is essential PM or a fine 1. The author of obscene literature is liable only
Immoral ranging from when it is published with his knowledge
Doctrines, Moral – conformity with the generally accepted standards of P6,000 to 2. In every case, the editor publishing is liable
Obscene goodness or rightness in conduct or character P12,000 or both 3. The test of obscenity is whether the
Publications Obscene – something offensive to chastity, decency, delicacy tendency of the matter charged as obscene
and is to deprave or corrupt those minds are
Exhibitions, Those Liable: open to such immoral influences, an d into
and Indecent 1. Those who shall publicly expound or proclaim doctrines who shads such a publication may fall and
Shows openly contrary to public morals also whether or not such publication or act
2. Authors of obscene literature, published with their shocks the ordinary and common sense of
knowledge in any form, the editors publishing such men as an indecency
literature; and the owners/operators of the establishment 4. Mere nudity in pictures or paintings is not an
203 1. Taking part in the performance of public functions in the 1. The term “public officers” embraces every
Who are Government, or performing in said Government or in any public servant from the highest to the
Public of its branches public duties as an employee, agent or lowest
Officers subordinate official, of any rank or class; and 2. Temporary performance of public functions
2. That his authority to take part in the performance of public by a laborer makes him a public officer
functions or to perform public duties must be:
a. by direct provision of the law, or
b. by popular election
c. by appointment by competent authority
204 1. That the offender is a judge; PM and Perpetual 1. Judgment – final consideration and
Knowingly 2. That he renders a judgment in a case submitted to him for Absolute determination of a court of competent
Rendering decision Disqualification jurisdiction upon the matters submitted to it,
Unjust 3. That the judgment is unjust (PAD) in an action or proceeding
Judgment 4. That the judge knows that his judgment is unjust 2. Unjust Judgment – one which is contrary to
law, or is not supported by the evidence, or
Misfeasance both
- improper performance of some act which might 3. An unjust judgment is rendered knowingly,
lawfully be done when it is made deliberately and maliciously
4. Sources of Unjust Judgment:
Malfeasance a. Error – no liability for error in good faith
- performance of an act which ought NOT to be done b. Ill-will or Revenge
c. Bribery
Nonfeasance 5. There must be evidence that the judgment is
- omission of some act which ought to be performed unjust – it cannot be presumed
6. Judgment must be contrary to law and not
supported by evidence
7. There must be evidence that the judge knew
that his judgment is unjust
205 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so
Rendering 2. that he renders a judgment in a case submitted to him for Temporary manifestly contrary to law, that even a
Judgment decision Special person having a meager knowledge of the
Thru 3. That he judgment is manifestly unjust Disqualification law cannot doubt the injustice
Negligence 4. That it is due to his inexcusable negligence or ignorance (TSD) 2. Abuse of discretion or mere error of
judgment, where there is not proof or even
allegation of bad faith, or ill motive, is not
punishable
206 1. That the offender is a judge; A Mayor in 1. Interlocutory Order – issued by court
Rendering 2. That he performs any of the following acts: minimum and between commencement and end of a suit
Unjust a. knowingly renders unjust interlocutory order or Suspension or action and which decides some
Interlocutory decree; or point/matter but which, however, is not a
Order b. renders a manifestly unjust interlocutory order or Suspension final decision of matter in issue
decree thru inexcusable negligence or ignorance 2. Test in Determining: “Does it leave
something to be done in the trial court with
respect to the merits of the case?”
a. if it does – it is interlocutory
b. if it doesn’t – it is final
207 1. That the offender is a judge PC in minimum 1. Mere delay without is not a felony under this
Malicious 2. That there is a proceeding in his court article
Delay in the 3. That he delays the administration of justice 2. Delay is Malicious – the delay is cause by the
Admin of 4. That the delay is malicious judge with deliberate intent to inflict damage
1. That the offender be a public officer within scope of Article same crime b. when the gift is solicited by a public
203 should have officer and the private person voluntarily
2. That the offender accepts an offer or a promise or receives been committed delivers it to the public officer
a gift or present by himself or thru another and if the act c. when the gift is solicited by a public
3. That such offer or promise be accepted, or gift or present does not officer, as the consideration for his
received by the public officer: constitute a refraining from the performance of an
a. with a view to committing some crime; or crime and officer official duty and the private person
b. in consideration of the execution of an act which does executed the act 3. A promise of gift to a public officer who
not constitute a crime, but the act must be unjust accepts such promise is sufficient under 1 st
c. to refrain from doing something which it is his official paragraph
duty to do PC in medium 4. In 2nd paragraph, the gift must be ACCEPTED
4. That the act which the offender agrees to perform or and fine of not 5. If the offer is not accepted, only the person
which he executes be connected with the performance of less than 2x offering the gift is criminally liable
his official duties value of gift and 6. The gift must have a value or be capable of
STD – if act shall pecuniary estimation
Prevaricacion (Art. 208) Distinguished from Bribery: not have been
1. Both are committed by refraining doing something which accomplished Third Element:
pertains to the official duty of the officer 1. The act which the public officer agrees to
2. In bribery, the offender refrained from doing his official perform must be connected with the
duty in consideration of a gift received or promised; while performance of official duties
in crime of prevaricacion this element is NOT necessary 2. It is not bribery if the act is in discharge of a
mere moral duty
3. The fact that the act agreed to be performed
is in excess of his power, jurisdiction, or
authority is no defense, EXCEPT: if act is so
foreign to duties of office as to lack even
color of authority
4. In bribery, the gift or present must be given
to the public officer to corrupt him
211 1. That the offender is a public officer A Mayor, 1. The gift is usually given to the public officer
Indirect 2. That he accepts gifts suspension in in anticipation of future favor from the public
Bribery 3. That the said gifts are offered to him by reason of his minimum and officer
office medium and 2. There must be a clear intention on the part
public censure of the public officer to take the gift so
Direct Bribery Distinguished from Indirect Bribery: offered and consider the same as his own
1. In both, the public officer receives a gift No attempted or property
2. In direct bribery, there is an agreement between the frustrated 3. Mere physical receipt unaccompanied by any
public officer and the giver; in indirect bribery, usually, no indirect bribery other sign, circumstance or act to show such
such agreement exists acceptance is NOT sufficient to lead the
3. In direct bribery, the offender agrees to perform or court to conclude that the crime of indirect
performs an act or refrains from doing something, because bribery has been committed
of the gift or promise; in indirect bribery, in is NOT 4. People vs. Pamplona (pg. 361) – considered
necessary that the officer should do any particular act or indirect bribery even if there was a sort of
even promise to do any act, as it is enough that he agreement between public officer and giver;
accepts gifts offered to him by reason of his office reason: the act executed by the accused
was NOT unjust, therefore it cannot be direct
bribery
211-A 1. That the offender is a public officer or entrusted with law Penalty for
Qualified enforcement offense which
Bribery 2. That the offender refrains from arresting or prosecuting an was not
offender who has committed a crime punishable by RP prosecuted –
and/or death first paragraph
3. That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or Penalty of death
present – if it is the
public officer
who asks or
demands such
gift or present
212 1. That the offender offers or promises or gives gifts or Same penalties 1. Offender in this article is the giver or offeror
Corruption of presents to a public officer imposed upon 2. The public officer sought to be bribed, is not
Public 2. That the offers or promises are made or the gifts or officer corrupted criminally liable, unless he accepts the gift or
Officials presents given to a public officer, under circumstances except consents
that will make the public officer liable for direct bribery or disqualification 3. Bribery is usually proved by evidence
indirect bribery and suspension acquired in entrapment
213 4. By collecting or receiving, directly or indirectly, by way of PC medium to 1. Public officer must act in his official capacity
Frauds payment or otherwise, things or objects of a nature PM minimum, or – the public officer must have the duty to
Against the different from that provided by law, in the collection of a fine ranging deal with any person with regard to
Public taxes, licenses, fees, and other imposts from P200 to furnishing supplies, etc.
Treasury and P10,000, or both 2. The crime of frauds against public treasury is
Similar Elements of Frauds against Public Treasury: consummated by merely entering into an
Offenses 1. That the offender be public officer Provisions of agreement with any interested party or
2. That he should have taken advantage of his office, that is, Administrative speculator or by merely making use of any
he intervened in the transaction in his official capacity Code – when other scheme to defraud the government
3. That he entered into an agreement with any interested culprit is an 3. It is not necessary that the government is
party or speculator or made use of any other scheme with officer or actually defrauded by reason of the
regard to furnishing supplies, the making of contracts, or employee of BIR transaction.
the adjustment or settlement of accounts relating to public or BOC 4. It is sufficient that the government is
property or funds actually defrauded by reason of the
4. That the accused had intent to defraud the government transaction.
5. Mere demand for larger or different amount
Elements of Illegal Exaction: is sufficient to consummate the crime
1. The offender is a public officer entrusted with the 6. Collecting officer must issue official receipts
collection of taxes, licenses, fees and other imposts to be guilty of illegal exactions
2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as 7. When there is DECEIT in demanding greater
Frauds Against Public Treasury) fees than those prescribed by law, the crime
214 Elements of the Crime: In addition to the 1. The public officer must take advantage of his
Other Frauds 1. That the offender is a public officer penalties official position
2. That he takes advantage of his official position prescribed in the 2. Frauds and Deceits Enumerated in Chapter
3. That he commits any of the frauds or deceits enumerated provisions of 6, Title 10, Book 2 of this Code:
in Articles 315 to 318 Chapter 6, Title a. Estafa
10, Book 2 of b. Other Forms of Swindling
this Code, the c. Swindling a Minor
penalty of TSD in d. Other Deceits
maximum to PSD 3. The RTC, and not the MTC, has jurisdiction
when this article is involved, regardless of
amount or penalty involved because the MTC
has not jurisdiction to impose the penalty of
disqualification
215 1. That the offender is an appointive public officer PC minimum or a 1. The transaction must be one of exchange or
Prohibited 2. That he becomes interested, directly or indirectly, in any fine ranging from speculation
Transactions transaction of exchange or speculation P200 to P1,000, 2. It is sufficient that the appointive officer has
3. That the transaction takes place within the territory or both an interest in any transaction of exchange or
subject to his jurisdiction speculation
4. That he becomes interested in the transaction during his 3. Purchasing of stocks or shares in a company
incumbency is simply an investment and is not a
violation of the article
Example of Appointive Public Officer: 4. Buying regularly securities for resale is
- justices, judges or fiscals, employees engaged in the speculation
collection and administration of public funds 5. Appointive officer should not devote himself
to commerce
216 People Liable for Possession of Prohibited Interest: A Mayor medium 1. Actual fraud is not necessary
Possession of 1. Public officer who, directly or indirectly, became interested period to PC 2. Intervention must be by virtue of public
Prohibited in any contract or business in which it was his official duty minimum period, office held
Interest by a to intervene. or a fine ranging 3. An officer who intervenes in contract or
Public Officer 2. Experts, arbitrators, and private accountants who, in like from P200 to transaction which has no connection with his
manner, took part in any contract or transaction P1,000, or both office CANNOT commit the crime defined in
connected with the estate or property in the appraisal, Article 218
distribution or adjudication of which they had acted
3. Guardians and executors with respect to the property
belonging to their wards or estate
217 Embezzlement – also called malversation PC in medium 1. The offender in malversation under this
Malversation and maximum – article must be a public officer defined in
of Public Acts Punishable in Malversation: if amount does Article 203
Funds or 1. By appropriating public funds or property not exceed P200 2. Nature of the duties of the public officer, not
Property – - includes every attempt to dispose of the same without name of office, is controlling
Presumption right PM minimum and 3. Funds or property must be received in
of 2. By taking or misappropriating the same medium – if official capacity
Malversation - the funds or property taken need not be amount is more 4. When a public officer had no authority to
misappropriated for it to be consummated than P200 by not receive the money for the government and
3. By consenting, or thru abandonment or negligence, exceeding upon receipt if the same he misappropriated
permitting any other person to take such public funds or P6,000 it, the crime committed is estafa
property 5. A public officer having only a qualified
- negligence must be positive and clearly shown to be PM maximum to charge of government property without
inexcusable, approximating malice or fraud RT minimum, if authority to part with physical possession of
4. By being otherwise guilty of the misappropriation or amount more it unless upon order from his immediate
malversation of such funds or property than P6,000 but superior, cannot be held liable for
less than malversation (Webster and Wickersham
Elements Common to All Acts of Malversation: P12,000 rulings)
1. That the offender be a public officer 6. Webster and Wickersham cases not
2. That he had the custody or control of funds or property by RT medium and applicable when the accused had authority
reason of the duties of his office maximum, if to receive money pertaining to the
3. That those funds or property were public funds or property amount more government
for which he was accountable than P12,000 but 7. A private person conspiring with an
4. That he appropriated, took, misappropriated or consented less than accountable public officer in committing
or, thru abandonment or negligence, permitted another P22,000 malversation is also guilty of malversation
person to take them 8. Government funds include revenue funds
RT maximum to and trust funds
RP if amount 9. Private property may be involved in
To be guilty of Malversation, Public officer must have: exceeds P22,000 malversation
1. The official custody of public funds or property or the duty 10. The measure of negligence is the standard of
to collect or receive funds due the government, and care commensurate with the occasion
2. The obligation to account for them to the government 11. In malversation not committed thru
negligence, lack of criminal intent or good
faith is a defense
12. Presumption from failure to have duly
forthcoming public funds or property upon
demand: Prima Facie evidence that he has
put such to personal use
13. Presumption may be rebutted
14. The return of the funds is only mitigation,
not exempting circumstance
15. When a shortage is paid by the public officer
from his pocket, he is not liable for
malversation
16. Borrowing money to replace funds –
malversation
17. Borrowing money to replace funds – when
missing amount is found in some
unaccustomed place, he is NOT liable
18. Previous demand is not necessary in
malversation in spite of last paragraph of
Article 217
19. A person whose negligence made possible
the commission of malversation by another
can be held liable as principle by
indispensable cooperation in complex crime
of malversation thru falsification of a public
document by reckless negligence
20. Damage to the government is NOT
necessary
218 1. That the offender is a public officer, whether in the service PC in minimum, 1. Demand for accounting is not necessary
Failure of or separated therefrom or fine ranging 2. Reason why Mere Failure to Render Account
Accountable 2. That he must be an accountable officer for public funds or from P200 to is Punishable: performance of the duty
Officer to property P6,000, or both 3. Misappropriation is not necessary in order to
Render 3. That he is required by law or regulation to render accounts be liable under this article
Accounts to the COA, or to a provincial auditor
4. That he fails to do so for a period of two months after such
accounts should be rendered
219 1. That the offender is a public officer A Mayor or fine The act of leaving the country must be
Failure to 2. That he must be an accountable officer for public funds or ranging from unauthorized or not permitted by law
Render property P200 to P1,000,
Accounts 3. That he must have unlawfully left (or be on the point of or both
before leaving) the Philippines without securing from COA a
Leaving the certificate showing that his accounts have been finally
Country settled
220 1. That the offender is a public officer PC minimum or a 1. The public finds or property must be
Illegal Use of 2. That there is public fund or property under his fine ranging from appropriated by law or ordinance for a
Public Funds administration ½ to total value particular purpose
or Property 3. That such public fund or property has been appropriated of sum 2. Illegal Use of Public Funds or Property
by law or ordinance misapplied, with Distinguished from Malversation under
4. That he applies the same to a public use other than that TSD – if damage Article 217:
for which such fund or property has been appropriated by or a. Both crimes – offenders are accountable
law or ordinance embarrassment public officers
resulted b. Illegal Use of Public Funds/Property –
offender does not derive any personal
Fine from 5-50% gain or profit; Malversation – offender in
of sum certain cases profits from proceeds of
misapplied – if crime
no damage or c. Illegal Use – public fund/property is
embarrassment applied to another public use;
resulted Malversation – public fund or property is
applied to personal use and benefit of
offender or of another person
221 Acts Punishable: A Mayor and fine Refusal to make delivery of property must be
Failure to 1. By failing to make payment by public officer who is under from 5-25% of MALICIOUS.
Make obligation to make such payment from Government funds sum he failed to
Delivery of in his possession pay
Public Funds 2. By refusing to make delivery by a public officer who had
or Property been ordered by competent authority to deliver any Under 2nd
property in his custody or under his administration paragraph, Fine
shall be
Elements of Failure to Make Payment: graduated by
1. That the public officer has government funds in his value to thing,
possession provided that it
2. That he is under obligation to make payment from such shall not be less
funds than P50
3. That he fails to make the payment maliciously
222 Private Individuals Who May be Liable from Arts. 217- Provisions of this 1. Purpose: to extend the provision of this
Officers 221: chapter shall Code on malversation to private individuals
Included in 1. Private individuals who, in any capacity whatever, have apply 2. Sheriffs and receivers fall under the term
the Preceding charge of any national, provincial or municipal funds, “administrator”
Provisions revenue, or property 3. Judicial administrator is not covered by this
2. Administrator or depository of funds or property, attached, article
seized or deposited by pubic authority, even if such 4. Private property is included, provided it is
property belongs to a private individual attached, seized, or deposited with public
authority
223 1. That the offender is a public officer PC medium and 1. Connivance with the prisoner in his escape is
Conniving 2. That he had in his custody or charge, a prisoner, either maximum and an indispensable element
with or detention prisoner or prisoner by final judgment TSD maximum 2. Detention Prisoner – person in legal custody,
Consenting to 3. That such prisoner escaped from his custody to PSD – arrested for, and charged with, some crime
Evasion 4. That he was in connivance with the prisoner in the latter’s sentenced by or public offense
escape final judgment to 3. Release of detention prisoner who could not
Classes of Prisoners Involved: any penalty be delivered to the judicial authority within
1. Fugitive sentenced by final judgment to any penalty PC minimum and the time fixed by law, is not infidelity in the
2. Fugitive held only as detention prisoner for any crime or TSD – fugitive custody of the prisoner
violation of law or municipal ordinance not finally 4. Leniency or laxity is not infidelity (e.g.
convicted but prisoner allowed to eat in restaurant near
only held as municipal building)
detention 5. Relaxation of Imprisonment is considered
prisoner infidelity
224 1. That the offender is a public officer A Mayor 1. The prisoner is either a convict by a final
Evasion 2. That he is charged with the conveyance or custody of a maximum to PC judgment or detention prisoner
Through prisoner, either detention prisoner or prisoner by final minimum and 2. What is punished invasion thru negligence is
Negligence judgment TSD such a definite laxity as all but amounts to
3. That such prisoner escapes thru his negligence deliberate non-performance of duty on the
part of the guard (e.g. falling asleep, lack of
Liability of Escaping Prisoner: adequate precautions)
1. Convict by reason of final judgment – Article 157 3. The fact that public officer recaptured the
2. Detention Prisoner – no liability prisoner does not afford complete
exculpation
225 1. That the offender is a private person Penalty next This article does not apply if a private person
Escape of 2. That the conveyance or custody of a prisoner or person lower in degree was the one who made the arrest and consented
Prisoner under arrest is confided to him than that to the escape of the person he arrested
under the 3. That the prisoner or person under arrest escapes prescribed for
Custody of a 4. That the offender consents to the escape of the prisoner or the public officer
Person not a person under arrest, or that the escape takes place thru
Public Officer his negligence
226 1. That the offender be a public officer PM and fine not 3. Public officer must be officially entrusted
Removal, 2. That he abstracts, destroys or conceals documents or exceeding with the documents or papers
Conceal-ment papers P1,000 – serious 4. The document must be COMPLETE and one
or 3. That the said documents or papers should have been damage by which a right could be established or an
Destruction entrusted to such public officer by means of his office obligation could be extinguished
of Documents 4. That damage, whether serious or not, to a third party or PC minimum and 5. Books, periodicals, pamphlets, etc. are not
to the public interest should have been caused medium and fine documents
not exceeding 6. Papers includes checks, promissory notes,
Acts Punishable in Infidelity in Custody of Documents: P1,000 – and paper money
1. Removing damage not 7. Post office official who retained the mail
2. Destroying serious without forwarding to their destination is
3. Concealing, documents or papers officially entrusted in the guilty under this article.
231 1. That the offender is a judicial or executive officer A Mayor medium The act constitution the crime is the open refusal
Open Disobe- 2. That there is a judgment, decision or order of a superior to PC minimum, to execute judgment, decision or order
dience authority TSD maximum,
3. That such judgment, decision or order was made within and fine not
the scope of the jurisdiction of the superior authority and exceeding
issued with all legal formalities P1,000
4. That the offender without any legal justification openly
refuses to execute the said judgment, decision or order,
which he is duty bound to obey
232 1. That the offender is a public officer PC minimum and 1. Reason for Provision: superior officer may
Disobedience 2. That an order is issued by his superior for execution medium and PSD sometimes err, or orders may proceed from
to Order of 3. That he has for any reason suspended the execution of a mistaken judgment
Superior such order 2. The article does not apply if the order of the
Officer, When 4. That his superior disapproves the suspension of the superior is illegal
Said Order execution of the order
was 5. That the offender disobeys his superior despite the
Suspended disapproval of the suspension
by Inferior
Officer
233 1. That the offender is a public officer A Mayor medium 1. Demand must be from a competent
Refusal of 2. That a competent authority demands from the offender to PC minimum, authority
Assistance that he land his cooperation towards the administration of PSD and fine not 2. Damage to public interest is essential, great
justice or other public service exceeding or small
3. That the offender fails to do so maliciously P1,000 – serious
damage
A Mayor medium
and maximum,
fine not
exceeding P500
– not so serious
damage
234 1. That the offender is elected by popular election to public A Mayor or fine 1. Refusal must be without legal motive
Refusal to office. not exceeding 2. Reason for Provision: matter of duty to
Discharge 2. That he refuses to be sworn in or to discharge the duties P1,000 or both discharge duties of said office
Elective of said office 3. Article 234 NOT applicable to appointive
Office 3. That there is no legal motive for such refusal to be sworn officer
in or to discharge the duties of said office
235 1. That the offender is a public officer or employee PC medium 1. The public officer must have actual charge of
Maltreat- 2. That he has under his charge a prisoner or detention period to PM in the prisoner to hold him liable fro
ment of prisoner minimum, in maltreatment of prisoner
Prisoners 3. That he maltreats such prisoner in either of the following addition to 2. Offended party must be a convict or
manners: liability for detention prisoner
a. by overdoing himself in the correction or handling of a physical injuries 3. To be detention prisoner, the person
prisoner or detention prisoner under his charge either or damages arrested must be placed in jail even for a
– caused under short while
i. by the imposition of punishments not paragraph 1 4. The maltreatment must relate to the
authorized by the regulations, or correction or handling of the prisoner, or
ii. by inflicting such punishments (those must be for the purpose of extorting a
authorized) in a cruel and humiliating manner confession or of obtaining some information
b. By maltreating such prisoner to extort a confession or PM in minimum, from the prisoner
to obtain some information from the prisoner TSD and fine not 5. If physical injuries were due to a personal
exceeding grudge, it would not fall under this article
P6,000, in 6. Offender may also be liable for physical
addition to injuries or damage caused
liability for 7. No complex crime of maltreatment with
physical injuries serious or less serious physical injuries
or damage
caused
236 1. That the offender is entitled to hold a public office or Suspended until
Anticipation employment, either by election or appointment complied with
of Duties of 2. That the LAW requires that he should first be sworn in formalities and
Public Office and/or should first give a bond fine from P200-
3. He assumes performance of duties and powers of such P500
office
4. That he has not taken his oath and/or given bond required
237 1. That the offender is holding a public office PC minimum, Public officer who has been suspended,
Prolonging 2. That the period provided by law, regulations or special TSD minimum, separated, declared overaged, or dismissed
Performance provisions for holding such office, has already expired and fine not cannot continue to perform the duties of his
of Duties and 3. That he continues to exercise the duties and powers of exceeding P500 office
Powers such office
238 1. That the offender is a public officer A Mayor – to 1. There must be a written or formal
Abandonmen 2. That he formally resigns from his position detriment of resignation
t of Office or 3. That his resignation has not yet been accepted public service 2. Abandonment Distinguished from Negligence
Position 4. That he abandons his office to the detriment of the public in Prosecution of Offenses (Article 208):
service PC minimum and a. Abandonment – committed by any public
medium, and A officer; Article 208 – committed by
Qualifying Circumstance: Mayor – if to public officers who have the duty to
- preventing, prosecuting or punishing any of the crimes evade duty of institute prosecution for punishment of
falling within Title One, and Chapter One of Title 3 of preventing, violation of the law
Book 2 (Crimes against National Security and Law of prosecuting or b. Abandonment – public officer abandons
Nations and Crimes against Public Order) punishing office to evade discharge of duties;
Article 208 – public officer does not
abandon office
239 1. That the offender is a executive or judicial officer PC minimum,
Usurpation of 2. That he makes general rules or regulations beyond the TSD, and fine
Legislative scope of his authority, or attempts to repeal a law, or not exceeding
Powers suspends the execution thereof P1,000
240 1. That the offender is a judge A Mayor in Legislative officers are not liable for usurpation
Usurpation of 2. That he assumes a power pertaining to the executive medium period of powers – only Article 177 (Usurpation of
Executive authorities, or obstructs the executive authorities in the to PC in authority or official functions)
Functions lawful exercise of their powers minimum period
241 1. That the offender is an officer of the executive branch of A Mayor medium Articles 239-241 punish interference by officers
Usurpation of the government to PC minimum of one of the 3 departments of government with
Judicial 2. That he assumes judicial powers, or obstructs the function of officers of another department
Functions execution of any order or decision rendered by any judge
within his jurisdiction
246 1. That a person is killed RP to Death 1. Relationship of the offender with the victim
Parricide 2. That the deceased is killed by the accused is the essential element of this crime
3. That the deceased is the father, mother, or child, whether 2. Parents and children are not included in the
legitimate or illegitimate, or a legitimate other ascendant term “ascendants” or “descendants”
or other descendent, or the legitimate spouse, of the 3. The child should not be less than 3 days old,
accused otherwise the crime is infanticide
4. Spouse must be legitimate
Note: 5. Relationship must be alleged
1. Other ascendants or descendants must be legitimate 6. There is crime of parricide thru reckless
2. Father, mother, or child may be legitimate or illegitimate imprudence
7. There is also parricide by mistake
8. A stranger who cooperates in parricide will
not be guilty of parricide by only homicide or
murder
247 1. That a legally married person or a parent surprises his * Note: 1. Required to be a legally married person
Death or spouse or his daughter, the latter under 18 years of age This article does 2. The article does not seem to require that the
Physical and living with him, in the act of committing sexual not define and parent be legitimate, it requires only that
Injuries intercourse with another person penalize a she is under 18 and that she is living with
Inflicted 2. That he or she kills any or both, of them or inflicts upon penalty her parents
Under any or both of them any serious physical injury in the act 3. The article does not seem to apply to a
Exceptional or immediately thereafter Destierro – if married daughter
Circum- 3. That he has not promoted or facilitated the prostitution of accused killed or 4. Surprising the spouse or daughter in ACT of
stances his wife or daughter, or that he or she had not consented inflicted serious sexual intercourse in indispensable
to the infidelity of the other spouse physical injuries 5. This article is not applicable when the
on spouse or accused did not see his spouse in the act of
Surprise – to come upon suddenly and unexpectedly other person sexual intercourse with another person
6. It is enough however that the circumstances
Cases when Parricide is not punished with RP to Death: Exempt from show reasonably that the carnal act is being
1. Parricide committed through negligence (Article 365) punishment – if committed or has just been committed
2. When it is committed by mistake (Article 249) inflicted physical 7. There is conflict of opinion on whether
3. When it is committed under exceptional circumstances injuries of any “sexual intercourse” includes preparatory
(Article 247) kind acts
8. The killing or inflicting of injuries must be:
* Note: Destierro is (a) in the act of sexual intercourse, or (2)
- Justification for this article: burst of passion intended to immediately thereafter
protect spouse 9. The discovery, the escape, the pursuit and
from reprisals by the killing must all form part of one
relatives of continuous act
deceased spouse 10. The killing must be the direct by-product of
the accused’s rage
11. The killing of the spouse by accused must be
by reason of having surprised her in the act
of sexual intercourse with another person
252 1. That there is a tumultuous affray as referred to in the 1st paragraph – 1. Victim must be one or some of the
Physical preceding article Penalty next participants in the affray
Injuries 2. That a participant(s) thereof suffer serious physical lower in degree 2. Only the one who used violence in liable
Caused in injuries or physical injuries of a less serious nature only than that 3. The 2nd paragraph seems to refer to less
Tumultuous 3. That the person responsible therefore cannot be identified provided for the serious physical injuries
Affray 4. That all those who appear to have used violence upon the physical injuries 4. It is believed that in providing the penalty of
person of the offended party are known so inflicted Arresto Mayor for physical injuries of a less
serious nature in a tumultuous affray, the
2nd Paragraph – legislature intended to EXCLUDE slight
A Mayor from 5 physical injuries
to 15 days
253 Acts Punishable as Giving Assistance to Suicide: PM – any person 1. This article does not distinguish and does not
Giving 1. By assisting another to commit suicide, whether the who shall assist make any reference to the relation of the
Assistance to suicide is consummated or not another to offender with the person committing suicide
Suicide 2. By lending his assistance to another to commit suicide to commit suicide 2. A person who attempts to commit suicide is
the extend of doing the killing himself not criminally liable
RT – lending 3. A pregnant woman who tried to commit
assistance to the suicide by means of poison, but instead of
extent of doing dying, the fetus in her womb was expelled is
the killing NOT liable for abortion
himself 4. Assistance to suicide is different from mercy-
killing
A Mayor medium 5. Euthanasia – practice of painlessly putting
and maximum – to death a person suffering from some
if suicide is not incurable disease
consummated 6. Euthanasia is not lending assistance to
suicide. In euthanasia, the person killed
does not want to die.
7. A doctor who resorts to mercy killing of his
patient may be liable for suicide
254 1. That the offender discharges a firearm against or at PC minimum and 5. Firing a gun against the house of the
Discharge of another person medium – any offended party at random, not knowing in
Firearms 2. That the offender has no intention to kill that person person who shall what part of the house the people inside
shoot at another were, is only crime of Alarm
firearm unless 6. Complex crime of illegal discharge of firearm
frustrated or with serious or less serious physical injuries
attempted – when in illegal discharge of firearm, the
parricide, murder offended party is hit and wounded
or homicide, or 7. There is no complex crime when only slight
any other crime physical injuries (light felony) are inflicted
for which a 8. A public officer who fires his revolver in the
higher penalty is air in order to capture some gamblers and to
prescribed by prevent them from escaping is NOT guilty of
257 1. That there is a pregnant woman PC minimum and 1. This crime is committed only by violence
Unintentional 2. That violence is used upon such pregnant woman without medium 2. The violence must be intentionally exerted
Abortion intending an abortion 3. There is unintentional abortion thru
3. That the violence is intentionally exerted imprudence
4. That as a result of the violence, the fetus dies, either in 4. There are conflicting decisions on whether
the womb or after having been expelled therefrom the accused is liable for abortion even if he
did not know that the woman was pregnant
* Note: 5. There is a complex crime of homicide with
- Violence is actual physical force unintentional abortion
6. There is complex crime of parricide with
abortion
7. Article 257 does not apply when there is no
intent to cause abortion and there is no
violence
258 1. That there is a pregnant woman who has suffered an PC medium and 1. Woman is liable:
Abortion abortion maximum – a. when she shall practice an abortion upon
Practiced by 2. That the abortion is intended woman who herself
the Woman 3. That the abortion is caused by: practices b. when she shall consent that any other
Herself or by a. the pregnant woman herself abortion on person should do so
her Parents b. any other person, with her consent herself; parents 2. Liability of pregnant woman is mitigated if
c. any of her parents, with her consent, for the purpose of woman or purpose is to conceal dishonor
of concealing her dishonor either of them to 3. No mitigation for parents of pregnant woman
conceal dishonor even if the purpose is to conceal dishonor,
Cases Covered by Article 258: unlike in infanticide
1. Abortion committed by woman upon herself or by any PC minimum and
other person with her consent medium – any
2. Abortion by the woman upon herself to conceal her woman who does
dishonor it to conceal
3. Abortion by any of the parents of the woman with the dishonor
latter’s consent to conceal her dishonor
259 Elements for Physician or Midwife Penalties 1. Penalty for intentional abortion is imposed in
Abortion 1. That there is a pregnant woman who has suffered an provided for in maximum period on physician or midwife
Practiced by abortion Article 256 in 2. Reason for Maximum penalty: used
a Physician 2. That the abortion is intended maximum period knowledge for destruction of human life,
or Midwife 3. That the offender, who must be a physician or midwife, – who takes where it should only be used for
and causes, or assists in causing, the abortion advantage of preservation
Dispensing of 4. That said physician or midwife takes advantage of his or scientific 3. It is not necessary that the pharmacist
Abortives her scientific knowledge or skill knowledge or knows that the abortive would be used to
skill cause an abortion
Elements for Pharmacists: 4. What is punished is the act of dispensing
1. That the offender is a pharmacist A Mayor and a abortive; it’s not necessary that the abortive
2. That there is no proper prescription from a physician fine not be actually used
3. That the offender dispenses any abortive exceeding
P1,000 –
pharmacist
260 Acts Punishable in Duel: RT – if he should 1. If death results, the penalty is the same as
Duel 1. By killing one’s adversary in duel kill his adversary that for homicide
2. By inflicting upon such adversary physical injuries 2. General principle: when there is intent to
3. By making a combat although no physical injuries have Penalty provided kill, the inflicting of physical injuries is either
been inflicted therefore, attempted or frustrated homicide
according to 3. The code disregards the intent to kill in
Duel – formal or regular combat previously concerted their nature – in considering the penalty for duel when only
between two parties in the presence of two or more seconds case of physical physical injuries are inflicted upon the
of lawful age on each side, who makes the selection of arms injuries adversary
and fix all other conditions of the fight
A Mayor –
Persons Liable in Duel: combatants,
1. The person who killed or inflicted physical injuries upon his although no
adversary, or both combatants in any other case, as physical injuries
principles have been
2. The seconds, as accomplices inflicted
261 Acts Punished under this Article: PC minimum Persons Responsible Under this Article:
Challenging 1. By challenging another to a duel 1. Challenger
to Duel 2. By inciting another to give or accept a challenge to a duel 2. Instigator
3. By scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel
262 1. By intentionally mutilating another by depriving him, RT to RP – 1. Mutilation of the first kind is castration which
Mutilation either totally or partially, of some essential organ for essential organ must be made purposely.
reproduction for reproduction 2. The penalty shall be one degree higher than
a. That there be castration (mutilation of organs that imposed by law when the victim is
necessary for generation such as a penis or ovarium) PM medium and under 12 years of age.
b. That the mutilation is caused purposely or maximum – 3. The offender must have the intention to
deliberately, that is, to deprive the offended party of other mutilation deprive the offended party of a part of his
some essential organ for reproduction body.
2. By intentionally making other mutilation, that is, by 4. Mutilation – lopping or clipping off of some
lopping or clipping off any part of the body of the offended part of the body
party, other than the essential organ for reproduction, to 5. Mayhem – other intentional mutilation
deprive him of that part of his body.
263 Serious Physical Injuries: PM – under no. 1 1. Committed by wounding, beating, assaulting
Serious 1. When the injured person becomes insane, imbecile, or administering injurious substance
Physical impotent or blind in consequence of the physical injuries PC medium and 2. May be committed by reckless imprudence,
Injuries inflicted. maximum – or by simple imprudence or negligence.
2. When the injured person (a) loses the use of speech or the under no. 2 3. There must not be intent to kill
power to hear or to smell, or loses an eye, a hand, a foot, 4. Blindness (Must be Complete) and Loss of an
an arm, or a leg, or (b) loses the use of any such member, PC minimum and Eye
or (c) becomes incapacitated for the work in which we medium – under a. Paragraph 1 – must be both eyes
/vvverga Second Semester, AY 2004-2005 Page 53 of 75
Criminal Law II Reviewer
Criminal Law II Reviewer Vena V. Verga
were theretofore habitually engaged, in consequence of no. 3 b. Paragraph 2 – one eye only
the physical injuries inflicted. 5. Loss of Power to Hear
3. When the person injured (a) becomes deformed, or (b) A Mayor a. Paragraph 2 – both ears
loses any other member of his body, or (c) loses the use maximum to PC b. Paragraph 3 – one ear only
thereof, or (d) becomes ill or incapacitated for the minimum – 6. Loss of hand or incapacity of usual work
performance of the work in which he was habitually under no. 4 must be permanent
engaged for more than 90 days, in consequence of the 7. Paragraph 2 refers to principal members of
physical injuries inflicted. the body, while Paragraph 3 covers any
4. When the injured person becomes ill or incapacitated for other member which is not principal member
labor for more than 30 days (but must not be more than of body
90 days), as a result of the physical injuries inflicted. 8. Deformity requires (a) physical ugliness, (b)
permanent and definite abnormality, and (c)
Classes of Serious physical injuries: (a) consequences of the conspicuous and visible.
injuries inflicted, (b) nature and character of the wound 9. Deformity by loss of teeth refers to injury
inflicted, and (c) the proper penalty which cannot be repaired by action of nature
10. There is illness for a certain period of time,
Physical Injuries Distinguished from Attempted or when the wound inflicted did not heal within
Frustrated Homicide: that period
a. In both, the offender inflicts physical injuries, however 11. Medical attendance is not important in
homicide may be committed, even if no physical serious physical injuries
injuries are inflicted 12. In Par 2 and 3, offended party must have an
b. There is no intent to kill in physical injuries avocation or work at the time of the injury
13. Par 4 speaks of incapacity for any kind of
Ordinary Physical Injuries Distinguished from labor
Mutilation: 14. Where the category of the offense of serious
1. Mutilation – must have been caused purposely and physical injuries depends on the period of
deliberately illness or incapacity for labor, there must be
2. Physical Injuries – this intention is not present evidence of the length of that period;
otherwise the offense is only slight physical
injuries
15. Lessening of efficiency is not incapacity
16. Serious physical injuries by excessive
chastisement by parents is not qualified.
264 1. That the offender inflicted upon another any serious Penalties 1. Knowingly administering is an essential
Adminis- physical injury established by element
tering 2. That it was done by knowingly administering to him any the next 2. Administering injurious substance means
Injurious injurious substance or beverages or by taking advantage preceding article introducing into the body the substance
Substances of his weakness of mine or credulity 3. This article does not apply when the physical
or Beverages 3. That he had no intent to kill injuries that result are less serious or slight
4. Taking advantage of weakness or credulity
may take place in case of witchcraft,
philters, magnetism, etc.
265 Qualified Less Serious Physical Injuries Fine not 1. Matters to Note:
Less Serious 1. Paragraph 2: exceeding P500 a. That the offended party is incapacitated
Physical a. there is manifest intent to insult or offend the injured in addition to A for labor for 10 days or more (but not
Injuries person Mayor – 2nd more than 30), or needs medial
b. there are circumstances adding ignominy to the paragraph attendance for same period of time
offense b. That the physical injuries must not be
2. Paragraph 3: PC in minimum those described in the preceding articles
a. the offender’s parents, ascendants, guardians, and medium – 2. Medical attendance or incapacity is required
curators or teachers paragraph 3 3. It is only slight physical injury when there is
b. persons of rank or persons in authority, provided the no medical attendance or incapacity for labor
crime is not direct assault 4. Actual medical attendance is required
266 Kinds of Slight Physical Injuries: A Menor – par 1 1. When there is no evidence of actual injury, it
Slight 1. Physical injuries which incapacitated the offended party for A Menor or fine is only slight physical injuries
Physical labor from 1 to 9 days, or required medical attendance not exceeding 2. Example of paragraph 3 is slapping the face
Injuries and during the same period P200 – par 2 of offended party
Maltreat- 2. Physical injuries which did not prevent the offended party A Menor
ment from engaging in his habitual work or which did not minimum or fine
require medical attendance not exceeding
3. Ill-treatment of another by deed without causing any P50 - par 3
injury
266-A Paragraph 1: Rape committed 1. Offender may now be a male or female.
Rape 1. Offender is a man under any of the 2. In rape under par. 1, there must be sexual
2. Offender had carnal knowledge of a woman 4 Circumstances: intercourse
266-B 3. Such act is accomplished under any of the ff a. Par. 1 – RP 3. Penetration, even partial, is necessary
Penalties circumstance: b. Par. 2 – PM 4. Only one of the four circumstances is
a. by using force or intimidation; or necessary
b. when the woman is deprived of reason or otherwise Rape committed 5. Force need not be irresistible, but it should
unconscious; or with use of be present and brings the desired results
c. by means of fraudulent machination or grave abuse of deadly weapon 6. Force employed need not be of such
authority; or or by 2 or more character as could be resisted
d. when the woman is under 12 years of age or persons: 7. Intimidation includes the moral kind, such as
demented a. Par. 1 – RP the fear caused by threatening
2. Illegal Detention is a crime against personal liberty and 13. Conspiracy to extort ransom makes all
security; Arbitrary Detention is a crime against the conspirators liable under the 2nd paragraph,
fundamental law of the State including those who did not take any part of
the money
268 1. That the offender is a private individual RT – offender 1. Participation of accomplice in furnishing
Slight Illegal 2. That he kidnaps or detains another, or in any other and person who place is raised to that of a real co- principal
Detention manner deprives him of his liberty furnished place 2. Privileged mitigating circumstance in slight
3. That the act of kidnapping or detention is illegal for perpetration illegal detention:
4. That the crime is committed without the attendance of any of crime a. Voluntarily releases person so kidnapped
of the circumstances enumerated in Article 267 PM minimum and or detained within 3 days from
medium and a commencement of detention
fine not b. Without having attained purpose
exceeding P700 intended
– voluntary c. Before the institution of criminal
release proceedings against him
269 1. That the offender arrests or detains another person A Mayor and a 1. The offender is any person, whether a public
Unlawful 2. That the purpose of the offender is to deliver him to the fine note officer or a private individual
Arrest proper authorities exceeding P500 2. There is no unlawful arrest when the arrest
3. That the arrest or detention is not authorized by law or is authorized by a warrant issued by the
there is no reasonable ground therefore court
3. Distinguished from Article 125:
Unlawful arrest distinguished from other illegal a. Article 126 – detention is for legal
detention: if the purpose of locking up or detaining is to grounds; in unlawful arrest – detention
deliver to authorities, the crime is unlawful arrest; otherwise, is illegal
it is other illegal detention b. Article 125 – crime is failing to deliver
person; in unlawful arrest – crime is
making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed
270 1. That the offender is entrusted with the custody of a minor RP 1. This covers all minors, whether under or
Kidnapping person (below 21 years of age) A Mayor or a fine over 7 years of age
and Failure to 2. That he deliberately fails to restore the said minor to his not exceeding 2. What is punished is the deliberate failure of
Return a parents or guardians P300 or both – the custodian of the minor to restore the
Minor when the crime latter to his parents or guardians
Distinguishing Article 267 and Article 270: is committed by 3. Kidnapping and failure to return a minor is
1. In Article 267 – the offender is not entrusted with custody father or mother necessarily included in Kidnapping and
2. In Article 270 – the offender is entrusted with custody of Serious Illegal Detention
minor
271 1. That a minor is living in the home of his parents or PC and a fine not 1. The inducement must be actual, committed
Inducing a guardian or person entrusted with his custody exceeding P700 with criminal intent, and determined by a
Minor to 2. That the offender induces said minor to leave such home – offender is any will to cause damage
Abandon His person 2. The minor should not leave his home on his
Home A Mayor or a fine own free will
not exceeding
P300, or both –
offender is
parent
272 1. That the offender purchases, sells, kidnaps or detains a PM and a fine 1. If the purpose of the offender is to assign
Slavery human being. not exceeding the offended party to some immoral traffic
2. That the purpose of the offender is to enslave such human P10,000 (prostitution), the penalty is higher.
being 2. The employment or custody of a minor with
Maximum Period the consent of the parent or guardian
Slavery and Kidnapping or Illegal Detention Distinguished: – if purpose is to although against the child’s will cannot be
a. Slavery – purpose is to enslave victim assign to considered to be involuntary servitude
b. Kidnapping or Illegal Detention – any other purpose immoral traffic
273 1. That the offender retains a minor in his service PC minimum and 1. The service of the minor must be against his
Exploitation 2. That it is against the will of the minor medium and a will
of Child Labor 3. That it is under the pretext of reimbursing himself of a fine not 2. The existence of indebtedness constitutes no
debt incurred by an ascendant, guardian or person exceeding P500 legal justification for holding a person and
entrusted with the custody of such minor depriving him of his freedom to live where
he wills
274 1. That the offender compels a debtor to work for him, either A Mayor 1. The article specifically provides that the
Services as household servant or farm laborer maximum to PC debtor is compelled to work as household
Rendered 2. That it is against the debtor’s will minimum servant or farm laborer and not any other
Under 3. That the purpose is to require or enforce the payment of a work
Compulsion debt 2. This article, like Article 273, punishes a form
in Payment of slavery, but Article 274 does not
distinguish whether the victim is a minor or
not
3. Under this article it is the debtor who is
compelled to work for the offender, while in
Article 273 it is the minor
275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only when
Abandonmen 1. Failing to render assistance to any person whom offender someone is accidentally injured by the
t of Persons finds in an uninhabited place wounded or in danger of accused
in Danger dying when he can render such assistance without 2. It is immaterial that the offender did not
and detriment to himself, unless such omission shall constitute know that the child is under 7 years old
Abandonmen a more serious offense 3. Paragraph 3 applies to one who found a lost
t of One’s a. The place is uninhabited child
Own Victim b. The accused found there a person wounded or in 4. The child under 7 years of age must be
danger of dying found by the accused in an unsafe place
of Minors dangerous feat of balancing, physical strength or a fine not a. Exploitation of minors – if the purpose is
contortion, the offender being any person exceeding P500 to follow any of the mentioned callings;
2. By employing children under 16 who are not the children Inducing Minor – if there is no such
or descendants of the offender in exhibitions of acrobat, Maximum period purpose
gymnast, rope walker, diver, or wild-animal tamer, the – if delivery shall b. Exploitation – victim must be under 16;
offender being an acrobat, etc. or circus manager or have been made Inducing minor – minor under 21 [18]
person engaged in a similar calling in consideration 2. Offender shall be deprived of parental
3. By employing any descendant under 12 in dangerous of any price, authority or guardianship
exhibitions enumerated in the next preceding paragraph, compensation, or 3. Exploitation of minors must refer to act
the offender being engaged in any of the said callings promise endangering the life or safety of the minor
4. By delivering a child under 16 gratuitously to any person 4. Qualifying Circumstance – if delivery is made
following any of the calling enumerated in paragraph 2, or in consideration of any price, compensation
to any habitual vagrant or beggar, the offender being an or promise
ascendant, guardian, teacher, or person entrusted in any
capacity with the care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants, guardians, curators, or teachers to follow any
person engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or
beggar, the offender being any person
279 The imposition of the penalties prescribed in the preceding
Additional articles, shall not prevent the imposition upon the same
Penalties person of the penalty provided for any other felonies defined
and punished by this Code.
280 1. That the offender is a private person A Mayor and fine 5. If the offender is a public officer, the crime
Qualified 2. That he enters the dwelling of another note exceeding would be violation of domicile
Trespass to 3. That such entrance is against the latter’s will P1,000 6. Lack of permission does not amount to
Dwelling prohibition, there must be opposition on the
Exceptions: PC medium and part of the owner of the house to the entry
1. If the entrance to another’s dwelling is made for the maximum and of the accused
purpose of preventing some serious harm to himself, the fine not 7. Prohibition may be implied in certain
occupants of the dwelling or a 3rd person exceeding instances (e.g. considering time, door was
2. If the purpose is to render some service to humanity or P1,000 – closed, etc.)
justice committed by 8. Prohibition must be in existence prior to or
3. If the place where entrance is made is a café, tavern, inn, means of at the time of the entrance
and other public houses, while the same are still open violence 9. What is intended to be protected and
preserved is the privacy of one’s dwelling
Qualifying Circumstance – if the offense is committed by 10. Violence does not refer to persons only
means of violence or intimidation 11. Violence or intimidation may take place
immediately after the entrance
Dwelling Place – any building or structure exclusively devoted 12. Trespass may be committed by owner of
for rest and comfort dwelling
13. If there is no overt act to commit another
284 Required to Give Bail not to Molest Another: Destierro Compared with Article 35
Bond for 1. When he threatens another under the circumstances 1. Art. 35 is a distinct penalty which provides
Good mention in Article 282 for bond to keep the peace; this article
Behavior 2. When he threatens another under the circumstances provides for bond for good behavior
mention in Article 283 2. Article 35 not made applicable to any
particular case; this article applicable only to
cases of grave and light threats
3. Failure to give in Article 35 – detained; this
article – destierro
285 1. By threatening another with a weapon, or by drawing such A Menor 1. Article 285 compared with Article 282 and
Other Light weapon in a quarrel, unless it be in lawful self-defense minimum or a 283
Threats a. Threatening to draw a weapon, even if there is no fine not a. Article 285 Par. 2 is similar to 3rd form of
quarrel exceeding P200 grave threats because the harm
b. Drawing a weapon in a quarrel, which is not in lawful threatened to be committed is a crime
self-defense b. Article 285 Par. 3 is similar to light
2. By orally threatening another, in the heat of anger, with threats, because harm threatened to be
some harm constituting a crime, without persisting in the committed is not a crime
idea involved in his threat c. Article 285 – there is no demand for
3. By orally threatening to do another any harm not money or condition or threat is not
constituting a felony deliberate
2. Threats, which ordinarily would be grave
threats, if made in heat of anger, may fall
under this article
3. Light threats may be committed where the
person to whom it is directed is absent
286 Ways to Commit: PC and a fine not 1. What is prevented must not be prohibited by
Grave 1. By preventing another, by means of violence, threats or exceeding law
Coercions intimidation, from doing something not prohibited by law P6,000 2. The act of preventing by force must be made
2. By compelling another, by means of violence, threats or at the time the offended party was doing or
intimidation, to do something against his will, whether it Penalty next about to do the act to be prevented
be right or wrong higher in degree 3. If the act was already done when violence is
– violation of exerted, the crime is unjust vexation.
on the value of the property taken 12. Violence must be against person of offended
party and not upon thing taken
13. Intimidation need not be threat of bodily
harm
14. General Rule: Violence or intimidation
must be present before taking personal
property is complete
Exception: When violence results in (1)
homicide, (2) rape, (3) intentional
mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263,
taking of personal property is complexed
with any of those crimes under Art. 294,
even if taking was already complete when
violence was used by the offender
15. Taking of property need not be immediately
after the intimidation
16. R.A. 6539 is the law applicable when
property taken in robbery is a motor vehicle
294 Acts Punished: RP to death – Robbery with Homicide
Robbery with 1. When by reason or on occasion of robbery, crime of paragraph 1 (no. 1. Crime defined in this article is a special
Violence homicide is committed 1 and 2) complex crime
Against or 2. When robbery is accompanied by rape or intentional 2. “On the occasion” or “by reason” means that
Intimidation mutilation or arson RT medium to RP it must be committed in the course of or
of Persons 3. When by reason or on occasion of such robbery, any of – paragraph 2 because of the robbery
the physical injuring resulting in insanity, imbecility, (no. 3) 3. Robbery and homicide are separate offenses,
impotency or blindness is inflicted when the homicide was not committed “on
4. When by reason or on occasion of such robber, any of the RT – paragraph occasion” or “by reason” of robbery
physical injuries resulting in loss of use of speech or the 3 4. Homicide – should be understood in general
power to hear or to smell, or the loss of an eye, a hand, a (no. 4) sense
foot, an arm, or a leg or the loss of the use of any such 5. Juridical concept of robbery with homicide
member or incapacity for the work in which the injured PM maximum to does not limit taking of life to 1 single victim
person is theretofore habitually engaged is inflicted RT medium – or to ordinary homicide – all homicides or
5. If the violence or intimidation employed in the commission paragraph 4 (no. murders are merged in the composite,
of the robbery is carried to a degree clearly unnecessary 5 and 6) integrated whole that is robbery with
for the commission of the crime homicide so long as all the killings were
6. When in the course of its execution, the offender shall PC maximum to perpetrated by reason or on the occasion of
have inflicted upon any person not responsible for the PM medium – the robbery
commission of the robbery any of the physical injuries in paragraph 5 (no. 6. There is no such crime as robbery with
consequence of which the person injured becomes 7) murder
deformed or loses any other member of his body or loses 7. Robbery with homicide in dwelling does not
the use thereof or becomes ill or incapacitated for the require that RFUT is first committed
performance of the work in which he is habitually engaged 8. An intent to take personal property
for more than 90 days or the person injured becomes ill or belonging to another with intent to gain
incapacitated fro labor for more than 30 days must precede killing
7. If the violence employed by the offender does not cause 9. Homicide may precede robbery or may occur
any of the serious physical injuries defined in Art. 263, or after robbery
if the offender employs intimidation only 10. The killing of any person by reason of or on
occasion of robbery is punished by highest
Requisites of Robbery under Second Case of Paragraph penalty regardless of the person killed, and
4: even if death supervened due to an accident.
1. That any of the physical injuries defined in paragraphs 3 11. Where homicide is not proved, the crime is
and 4 of Art. 263 was inflicted in the course of the robbery only robbery and vice versa
2. That any of them was inflicted upon any person not 12. An accessory to robbery with homicide must
responsible for the commission of the robbery have knowledge of the commission of both
crimes to be liable, not just robbery
RVAIP under Paragraph 5 of Art. 294
- known as simple robbery, because the violence against any Robbery with Rape
person does not result in homicide, rape, intentional 1. Even if the rape is committed at another
mutilation, or any serious physical injuries that give rise to place, it is still robbery with rape
a special complex crime 2. There is no such crime as robbery with
Threats to Extort Money Distinguished from Robbery attempted rape, because robbery cannot be
Thru Intimidation: a necessary means to commit attempted
1. Both, there is intimidation by offender rape or vice versa
2. Both, purpose is identical: to obtain gain 3. When taking of personal property is an
3. In robbery, intimidation is actual and immediate; In independent act following defendant’s failure
threats, intimidation is conditional or future to consummate the rape, there are 2 crimes:
4. In robbery, intimidation is personal; In threats, it may be theft and attempted rape
done thru an intermediary 4. Additional rapes committed on same
5. In robbery, intimidation is directed only to person of occasion of robbery will not increase penalty
victim; In threats, intimidation may refer to person, honor 5. If rape and homicide with robbery co-exist,
or property of offended party or that of his family the rape will be considered as an
6. In robbery, gain of culprit is immediate; in threats, gain is aggravating circumstance
not immediate
Robbery Under Paragraph 5:
Robbery with Violence Distinguished from Grave 1. Violence/intimidation need not be present at
Coercion: any time before or at exact moment when
1. Both, there is violence used by offender object taken
2. In robber, there is intent to gain; in grave coercion, there 2. Reason: Asportation is a complex fact, a
is not such element whole divisible into parts, a series of acts, in
course of which personal
Robbery and Bribery Distinguished: violence/intimidation may be injected
1. Robbery if victim did not commit a crime and is 3. In robbery with intimidation, there must be
intimidated with arrest and/or prosecution to deprive him acts done by the accused which, either by
of his personal property; Bribery when victim has their own nature or by reason of the
committed a crime and give money or gift to avoid arrest circumstances under which they are
337 1. Offended party is a virgin, which is presumed if she is 1. People vs. Balbar (direct assault and act of
Qualified unmarried and of good reputation lasciviousness in a classroom where
Seduction 2. that she must be over 12 and under 18 years of age offended party conduct her classes) – the
3. that the offender has sexual intercourse with her presence or absence of lewd designs is
4. That there is abuse of authority, confidence or relationship inferred from the nature of the acts
on the part of the offender themselves and the environmental
circumstances. Considering the manner,
place and time under which the acts were
done, lewd designs can be hardly attributed
to Balbar.
2. US vs. SUAN – there is no seduction when
the offended party had other illicit
relationships with other men. SEDUCTION
lies on the chaste character or the woman.
338 1. That the offended party is over 12 and under 18 years of A Mayor 1. If the girl is under 12, the crime is rape; if
Simple age she is over 18, and there is no force or
Seduction 2. That she must be of good reputation, single or widow intimidation or she is not unconscious or
3. That the offender has sexual intercourse with her otherwise deprived of reason, there is no
4. That it is committed by means of deceit crime, even if deceit was used
2. Virginity of the offended party is not
required
3. There must be sexual intercourse, otherwise,
the crime is acts of lasciviousness
4. A man is liable though willing to marry girl
seduced by him
5. Promise of marriage by a married man or
after sexual intercourse is not seduction
6. There is no continuing offense of seduction
7. Purpose: to punish the seducer
8.
/vvverga Second Semester, AY 2004-2005 Page 70 of 75
Criminal Law II Reviewer
Criminal Law II Reviewer Vena V. Verga
339 1. That the offender commits acts of lasciviousness or A Mayor 1. Male cannot be offended party in this crime
Acts of lewdness 2. It is necessary that crime is committed
Lasciviousnes 2. That the acts are committed upon a woman who is a virgin under circumstances which would make it
s with or single or widow of good reputation, under 18 years of qualified or simple seduction had there been
Consent of age but over 12 years, or a sister or descendant sexual intercourse, instead of acts of
Offended regardless of her reputation or age lewdness only
Party 3. That the offender accomplishes the acts by abuse of 3. Distinguished from Acts of Lasciviousness
authority, confidence, relationship, or deceit (336)
a. Both treat of acts of lasciviousness
b. Art. 336 – acts are committed under
circumstances which, had there been
carnal knowledge, would amount to rape
c. Art. 339 – acts of lasciviousness are
committed under the circumstances
which, had there been carnal knowledge,
would amount to either qualified
seduction or simple seduction
340 1. Offender is person under age PM – to satisfy 1. Habituality or abuse of authority or
Corruption of 2. Person promotes or facilitates prostitution or corruption of lust of another confidence is not necessary
Minors person under age 2. One who casts for his own lust is not liable
3. Purpose is to satisfy lust of another In addition, TAD here
– public officer 3. Single act without abuse of authority or
or employee confidence is now a crime
4. Not necessary that unchaste acts have been
done
5. Victim must be of good reputation, not a
prostitute, or corrupted person
6. A mere proposal will consummate offense
341 Acts Penalized: PC medium and 1. One of the mentioned acts is sufficient to
White Slave 1. Engaging in business of prostitution maximum constitute the offense
Trade 2. Profiting by prostitution 2. Habituality is not a necessary element
3. Enlisting services of women for the purpose of prostitution 3. Person engaged in the business of
prostitution need not be owner of the house
4. Maintainer or manager of house of ill-repute
need not be present therein at time of raid
or arrest to be liable
342 1. That the person abducted is any woman, regardless of her RT 1. Woman abducted may be married
Forcible age, civil status, or reputation 2. Virginity is not an essential element of this
Abduction 2. That the abduction is against her will crime
3. That the abduction is with lewd designs 3. Crimes against Chastity where age and
reputation are immaterial: rape, acts of
lasciviousness agains the will or without the
consent of offended party, qualified
seduction of sister or descendant, and
forcible abduction
4. When female is under 12, it is not necessary
that she be taken against her will
5. Sexual intercourse is not necessary
6. Lewd designs may be shown by the conduct
of the accused
7. when there are several defendants, it is
enough that one has lewd designs
8. Husband is not liable for abduction of wife
9. Nature of Crime: violative of individual
liberty of abducted, her honor and
reputation and public order
10. Distinguished from Grave Coercion:
a. In both – there is violence or
intimidation by offender
b. Grave Coercion – no element of lewd
design
11. Distinguished from
343 1. That the offender must be a virgin PC minimum and 1. If offender is under 12, it is forcible
Consented 2. That she must be over 12 and under 18 years of age medium abduction.
Abduction 3. That the taking away of the offended praty must withoher 2. The taking away of the girl need not be with
consent after solicitation or cajolery from the offender some character of permanency
4. That the taking away of the offended party must be with 3. Abductor need not actually and personally
lewd designs have taken the abducted female from her
parents’ home, or induced her to abandon it;
Purpose of Law: prescribe punishment for the disgrace to her it is sufficient that he was instrumental in
family and the alarm caused therein her escape
4. When there was no solicitation of cajolery
Virginity is not to be understood in a material a sense as to and no deceit and the girl voluntarily went
exclude the idea of abduction of a virtuous woman of good with man, there is no crime committed even
reputation if they had sexual intercourse
5. Actual sexual intercourse is not necessary,
since the important element is merely lewd
designs
344 1. Adultery and concubinage must be prosecuted upon 2. The court motu proprio can dismiss the case
Prosecution complaint signed by the offended party for failure of the aggrieved party to file the
of Crimes of 2. Seduction, abduction or acts of lasciviousness must be proper complaint
Adultery, prosecuted upon complaint signed by: 3. Rape may be prosecuted de oficio
Concubinage, a. Offended party, 4. Imputation of crime of prostitution against a
Abduction, b. Her parents, woman can be prosecuted de oficio.
Rape, and c. Grandparents, or 5. Adultery or Concubinage
Acts of d. Guardians in the order in which they are named above a. Only offended spouse can file the
Lasciviousnes complaint
s Underlying Principle why Crimes against Chastity Cannot be b. Both parties, if both alive, must be
Prosecuted de oficio: out of consideration for the offended included in complaint
woman and her family who might prefer to suffer the outrage c. Both parties must be included even if
in silence rather than go thru with the scandal of a public trial one of them is not guilty
6. Seduction, Abduction or Acts of
Guardian – legal, not natural guardian, that is, guardian Lasciviousness
legally appointed in accordance with the provision of the law a. The right to file action granted to
parents, grandparents or guardian shall
be exclusive of all other persons and
Pardon in Crimes of Chastity: shall be exercise successively
- only offended party may pardon b. It is exclusive, because if the parent, for
- Pardon of offended party who is a minor must have example, refuse to file, the grandparents
concurrence of parents (except: when she has no cannot file the complaint
parents) c. When offended party is a minor, her
- Condonation is not pardon in concubinage or adultery; parents may file complaint
any act of infidelity subsequent to condonation d. When offended party is of age, and she
constitutes a new offense is complete possession of her mental
and physical faculties, she alone can file
1. Adultery or Concubinage – bars prosecution of crime the complaint
- effective if made: e. The father, if living, is not necessarily
a. Before the institution of the criminal action, and preferred to the mother in filing the
b. Both offenders must be pardoned by both parties complaint
2. Acts of Lasciviousness, Seduction and Abduction – bars 7. Complaint must be filed in court, not with
prosecution of crime the fiscal
a. must be EXPRESS 8. Rape complexed with another crime (a
b. Before the institution of criminal action public crime) need not be signed by offended
woman
9. Actual Marriage with offended party
a. Extinguishes criminal action or remits
the penalty already imposed
b. Benefits the co-principals, accomplices
and accessories
10. Marriage between parties guilty of adultery
or concubinage does not extinguish the
criminal action
345 Seduction or Abduction: 1. Under the RPC, there is no civil liability for
Civil Liability 1. To indemnify the offended woman acts of lasciviousness
of Persons 2. To acknowledge offspring, unless the law should prevent 2. Reasons for Indemnity in Adultery or
Guilty of him form doing so Concubinage: acknowledgment of offspring
Crimes 3. In every case, to support the offspring is not legally possible, support is not
Against included, because the person who give birth,
Chastity Adultery or Concubinage if at all, is one of the offenders and not the
- Indemnify damages caused to offended spouse offended party
3. Moral damages are recoverable by both
offended party and her parents
4. Under the Family Code, since children are
classified as legitimate or illegitimate, the
man (adultery or concubinage) should now
be sentenced to support offspring, in
addition to indemnity
346 Persons Liable Penalties Crimes Embraces in Chapters 2, 3 and 4:
Liability of - cooperate as accomplices but are punished as prescribed in 1. Acts of Lasciviousness
Ascendants, principals: Chapters 2, 3, 4 2. Qualified Seduction
Guardians, 1. Ascendants Teachers – TSD 3. Simple Seduction
Teachers or 2. Guardian maximum to PSD 4. Acts of lasciviousness with the consent
Other 3. Curators Other Person – of the offended party
Persons 4. Teachers, and Special 5. Corruption of minors
Entrusted 5. Any other person, who cooperates as accomplice with disqualification 6. White slave trade
with Custody abuse of authority or confidential relationship from filling office 7. Forcible Abduction
of guardian 8. Consented Abduction