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

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

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

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

Territoriality5

Prospectivity

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

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

Due process

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

Ex post facto law

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

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

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

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

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

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Art. 3 Art. 6 13 Art. 9

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

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

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

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

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

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

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

R. such child shall be subjected to the appropriate proceedings in accordance with this Act.37 also refer to Child and Youth Welfare Code38 1) Definition of “child in conflict with the law” A child who is alleged as. though there is a crime. 9262 35 Sec. no criminal and civil liability because there is no crime.A. in which case.D.A. unless he/she has acted with discernment.35 b) Exempting Circumstances 36 There is an absence of voluntariness. 603. or adjudged as. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. having committed an offense under Philippine laws. and hence.3. However. 9344. he is justified.A. 40 See Reference 12 . 33 34 See Reference R. 4 (e). the child shall be subjected to an intervention program pursuant to Section 2040 of this Act. accused of.39 2) Minimum age of criminal responsibility A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. 3 (c) 36 See Reference 37 R. there is no criminal liability. i) Juvenile Justice and Welfare Act of 2006. as amended 39 Sec. Circumstances which Affect Criminal Liability a) Justifying Circumstances 33 The acts of the actor are in accordance with law and hence. 9344 38 P. i) Anti-Violence against Women and their Children Act of 2004 34 a) Battered woman syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

The exemption from criminal liability does not include exemption from civil liability. 6. 41 42 Sec.A. prosecutors. In case of doubt as to the age of the child. d) Aggravating circumstances 45 Serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime. 41 3) Determination of age The age of a child may be determined from the child's birth certificate. the time and place of committing the crime and the means employed or the personal circumstances of the offender. In the absence of these documents. supra 44 See Reference 45 Ibid. the person shall file a motion to determine the age of the child in the same court where the case is pending. the physical appearance of the child and other relevant evidence.42 4) Exemption from criminal liability43 c) Mitigating circumstances 44 Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa. proceedings on the main case shall be suspended. 9344 Sec. 13 . In all proceedings. Pending hearing on the said motion. judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. baptismal certificate or any other pertinent documents. age may be based on information from the child himself/herself. testimonies of other persons. law enforcement officers. 43 See Minimum age of criminal responsibility. ibid. which makes the act voluntary or because of the lesser perversity of the offender. 7. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. If a case has been filed against the child in conflict with the law and is pending in the appropriate court. it shall be resolved in his/her favor. R. which shall be enforced in accordance with existing laws.

(People vs Ladjaamlam) 14 . illegal possession of firearms is an aggravating circumstance. motolov cocktail bombs. 46 47 like recidivism as treachery in homicide to murder 48 P. provided that the person arrested committed no other crime. R. 1866. Manufacture.A. as amended by R. but not a separate offense. if the person is held liable for murder or homicide. of Firearms. where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about to serve a search warrant. 1866. he cannot be held guilty of the separate offense of illegal possession of firearms.49 Under Sec.A. Acquisition or Disposition. when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill box.Generic Generally applies to all crimes46 Qualifying Changes the nature of the felony47 a) Decree Codifying the Laws on Illegal / Unlawful Possession. firebombs or other incendiary devices which result in the death of a person. Dealing in. 14. 8294 49 Hence. 8294. such use shall be considered as an aggravating circumstance. Ammunition or Explosives 48 as an aggravating circumstance Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No.D.A. RPC. Furthermore. 8294 penalizes simple illegal possession of firearms. as amended by R. 3 thereof.

The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given and there is no direct evidence available for the State except for the information and testimony of the said informant or witness. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. 13. 14. 6. and 19. 25 52 See Reference 53 ibid. and 16. 9165 Sec. reduced into writing. 15. and may plead or prove the giving of such information and testimony in bar of such prosecution. 52 Conditions: 1) The information and testimony are necessary for the conviction of the persons described above. 3) Such information and testimony can be corroborated on its material points. 5. 11. and 5) The informant or witness shall strictly and faithfully comply without delay. 2) Such information and testimony are not yet in the possession of the State.51 ii) Immunity from prosecution and punishment.b) The Comprehensive Dangerous Drugs Act of 200250 i) As a qualifying aggravating circumstance A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. 4) the informant or witness has not been previously convicted of a crime involving moral turpitude. 8. 12. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. 54 Sec.54 50 51 R. 10. any condition or undertaking. 33 15 . who voluntarily gives information about any violation of Sections 4. identities and arrest of all or any of the members thereof. Article II of this Act53 as well as any violation of the offenses mentioned if committed by a drug syndicate. and who willingly testifies against such persons as described above.A. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. coverage Any person who has violated Sections 7. or any information leading to the whereabouts. and the application of the penalty provided for in the Revised Penal Code shall be applicable. Article II of this Act.

57 iv) Application / Non application of RPC provisions58 cf. and c) The Board favorably recommends that his/her sentence be suspended. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. he/she shall be under the supervision and rehabilitative surveillance of the Board.59 RPC The provisions of the Revised Penal Code. the court may commit the accused under suspended sentence to a Center. or of the Dangerous Drugs Act of 1972. or of any special penal laws. 66 58 Sec. shall not apply to the provisions of this Act. except in the case of minor offenders. 603. 57 Sec. without prejudice to the application of the provisions of this Section. Article 19256 of Presidential Decree No. 10. b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. 55 56 See Reference Ibid. While under suspended sentence.iii) Minor offenders An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 1155 of this Act. Art. as amended. or to the care of a DOH-accredited physician for at least six (6) months. 1179 shall apply. but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense. Conditions: a) He/she has not been previously convicted of violating any provision of this Act. may be given the benefits of a suspended sentence. 98 59 See Reference 16 . Upon recommendation of the Board. with after-care and follow-up program for not more than eighteen (18) months. as amended by Presidential Decree No. as amended. or of the Revised Penal Code. otherwise known as the Child and Youth Welfare Code. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act. Where the offender is a minor.

which is present prior to or simultaneously with the offense. by reason of which. I Reyes. freedom. 231-232. and intelligence. does not incur criminal liability for an act. 13th ed.e) Alternative Circumstances 60 Either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. which constituted a crime. pp. the accused who acts with criminal intent. The Revised Penal Code. 1993. Article 247 is an example of an absolutory cause (see Reference) 17 . It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. f) Absolutory Cause A circumstance..”61 60 61 Ibid.

criminal cases. criminal cases. or concealing his true name and other personal circumstances for the same purpose or purposes. or official proceedings in. or facilitating the escape of. or impeding the prosecution of a criminal offender. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery. impedes. honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of. destroying.D. or admissibility as evidence in any investigation of or official proceedings in. whether lawful or unlawful. in Tanodbayan. deceit. accepting. (d) publicly using a fictitious name for the purpose of concealing a crime. or has reasonable ground to believe or suspect. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices. or agreeing to accept any benefit in consideration of abstaining from. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. document. or object. (b) altering. legibility. record. or official proceedings in. presenting or using any record. evading prosecution or the execution of a judgment. authenticity. (g) soliciting. (f) making. availability. 1829 18 . or official proceedings in. document. has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction. or imposing a condition. criminal cases. (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or 62 P. criminal cases. in order to prevent a person from appearing in the investigation of or in official proceedings in. or in the courts. force or threats. any person he knows. or to be used in the investigation of.4. intimidation. suppressing or concealing any paper. misrepresentation. (h) threatening directly or indirectly another with the infliction of any wrong upon his person. discounting. (c) harboring or concealing. criminal cases. with intent to impair its verity. Persons Criminally Liable/Degree of Participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders62 i) Punishable acts Any person who knowingly or willfully obstructs.

the higher penalty shall be imposed. natural. 65 See Reference 19 . or assisted the offender to profit from the effects of the crime. or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. except accessories falling within the provisions of paragraph 165 of Article 19.property of the victim. or relatives by affinity within the same degrees. descendants. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime. legitimate. 1.64 RPC The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses.63 ii) Compare with Article 20. and adopted brothers and sisters. 63 64 Sec. Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty. RPC. Accessories who are exempt from criminal liability Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned. id. If any of the acts mentioned herein is penalized by any other law with a higher penalty. Only accessories covered by par 2 and 3 are exempted. ascendants.

Moran. 9346 68 PP v.66 a) General Principles . No.5. Rehabilitation .68 b) Purposes 1.A. 20 .A. 27 July 2007. 9346. deliberate or negligent act. 528 SCRA 366.to prevent crimes 2.to protect the public from dangerous criminals. 44 Phil. Pursuant to Section 2 of R.to punish them for what they did 3. Penalties Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful. Safety .A. Deterrence . the property penalty to be imposed on appellant is reclusion perpetua. G.R. 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that favorabilia sunt amplianda adiosa restrigenda. 166544. 431 R.to get them whipped back into shape 4. 66 67 People vs. R. Penal laws which are favorable to the accused are given retroactive effect. Retribution . 377. Canuto.Act Prohibiting the Imposition of Death Penalty in the Philippines67 The imposition of death penalty has been prohibited.

the right to vote and be voted for. Suspension. Afflictive penalties: Reclusion perpetua. Arresto mayor. the profession or calling. Public censure Penalties common to the three preceding classes: Fine. Forfeiture or confiscation of instruments and proceeds of the offense. Perpetual or temporary special disqualification. and Bond to keep the peace Accessory Penalties Perpetual or temporary absolute disqualification. Indemnification. Perpetual or temporary absolute disqualification. 25 21 . Civil interdiction. Reclusion temporal.69 69 Art. Prision mayor. Light penalties: Arresto menor. Correctional penalties: Prision correccional. Payment of costs.c) Classification Scale Principal Penalties Capital punishment: Death. Perpetual or temporary special disqualification. Suspension from public office. Destierro.

d) Duration and Effects Duration Reclusion perpetua Reclusion temporal Twenty (20) years and one day to forty (40) years. Twelve (12) years and one day to twenty (20) years. Six (6) years and one day to twelve (12) years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Six (6) months and one day to six (6) years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. One (1) month and one day to six (6) months. One (1) day to thirty (30) days. Required to cover such period of time as the court may determine.70

Prision mayor and temporary disqualification

Prision correccional, suspension, and destierro

Arresto mayor

Arresto menor Bond to keep the peace

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Art. 27, ibid. as amended by Section 21, R. A. 7659.

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Effects The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. held.
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4. The loss of all rights to retirement pay or other pension for any office formerly

The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification.72 The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.73 The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.74 Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward,
71 72

Art. 30 Art. 31 73 Art. 32. 74 Art. 33

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of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos75. It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking76. bond.
77

The court shall determine, according to its discretion, the period of duration of the

Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon78. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule79. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:80 1. The reparation of the damage caused. 2. Indemnification of consequential damages. 3. The fine. 4. The costs of the proceedings. If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in
75 76

Art. 34 Art. 35 77 Read also Art. 284 78 Art. 36 79 Art. 37 80 Art. 38

24

no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve81 e) Application i) Indeterminate Sentence Law 82 Governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code. It applies only when the penalty served is imprisonment. If not by imprisonment, then it does not apply. a) Application on the imposed sentence Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged. So, whenever the Indeterminate Sentence Law is applicable, there is always a minimum and maximum of the sentence that the convict shall serve. If the crime is punished by the Revised Penal Code, the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. To fix the maximum, consider the mitigating and aggravating circumstances according to the rules found in Article 64.83
81 82

Art. 39, as amended by R.A. 5465, April 21, 1969. R.A. 4103, as amended. ISL should not be applied when it is unfavorable to the accused. ISL does not apply to non-divisible penalties. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. 83 This means – 1. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance;

25

penalty next lower in degree shall be the one imposed. espionage.b) Coverage It applies to 1. However. rebellion. that the duration of the convict’s sentence refers to several penalties for different offenses. 3. no mitigating. the 3-fold rule applies only when the convict has to serve at least 4 sentences. 9. If there is mitigating circumstance. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. 5. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. sedition.85 The “most severe penalties” include equal penalties. penalty shall be in the minimum. Persons convicted of misprision of treason. 4. penalty shall be imposed in the maximum.86 2. 5. 4. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto. If there are two or more mitigating circumstance and no aggravating circumstance. Whatever remains. 84 The Indeterminate Sentence Law shall not apply to: 1. Persons convicted of offense punishable with death penalty or life imprisonment. apply the rules. Persons who are habitual delinquents. Persons who shall have escaped from confinement or evaded sentence. If there are several mitigating and aggravating circumstances. Special Laws84 c) Conditions of parole The prisoner could be released on parole after serving the minimum sentence and could be re-arrested to serve the maximum. Those whose maximum term of imprisonment does not exceed one (1) year. ii) Three-fold Rule The maximum duration of the convict’s sentence shall not be more than three (3) times the length of time corresponding to the most severe of the penalties imposed upon him and shall not exceed forty (40) years. 6. Persons convicted of treason. conspiracy or proposal to commit treason. If there is aggravating circumstance. no aggravating. 8. 4 and 5. Those sentenced to destiero or suspension (this are not punishable by imprisonment) 85 pars. 26 . they shall offset against each other. 2. Persons convicted of piracy. not yet served. 70 86 It should be noted however. Crimes punished by the Revised Penal Code 2. 7. Art. 3.

00. Imprisonment and fine. 88 It is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the culprit’s insolvency. suspension and fine). after conviction and sentence. 248 There is no subsidiary penalty if: a. 3 27 .D. 72 SCRA 59 89 People vs. the accused must suffer subsidiary imprisonment. The penalty does not include fine 90 P. In absence of such express statement. The principal penalty is higher than prision correccional.91 Probationer Probation Officer 87 88 Art. c. is released subject to conditions imposed by the court and to the supervision of a probation officer. the subsidiary imprisonment cannot be imposed. A person placed on probation. d.iii) Subsidiary Imprisonment It is imposed when the person has no property with which to meet the fine mentioned in Article 38. 52 O. One who investigates for the court a referral for probation or supervises a probationer or both. b. not an accessory penalty. as amended 91 Sec.87 However. 39 Ramos v. Gonong.89 f) Execution and Service i) Probation Law90 a) Definition of terms Probation A disposition under which a defendant.G. The penalty is not FIDS (Fine. it must be expressly stated in the judgment that in case of failure to pay the fine. The reason is because subsidiary imprisonment is a substitute principal penalty. 3 at the rate of one day for each P8. It is not of fixed duration. par. 968. or e. in order that subsidiary imprisonment may be enforced. The subsidiary penalty. Jarumayan. though properly imposable is not expressly stated in the judgment. destierro and fine.

as a probationer.92 c) Grant of probation. and These conditions being mandatory. and Discretionary conditions: The trial court. or the automatic withdrawal of a pending appeal. the probation is incompatible with the freedom of cancelled. 4. suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best.93 The probation law imposes two kinds of conditions Mandatory conditions 1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application. 28 .b) Purpose To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism. with notice to the appellate court if an appeal has been taken from the sentence of conviction. which approved the application for probation. the (2) such condition should not be moment any of these is violate. An order granting or denying probation shall not be appealable. manner and conditions The court may. provided the same would not violate the constitutional rights of the offender and 2) The convict. after it shall have convicted and sentenced a defendant and upon application at any time of said defendant. conscience of the probationer. The filing of the application shall be deemed a waiver of the right to appeal. must report subject to this two (2) restrictions: to the PO at least once a month during the period of probation unless sooner required by (1) the conditions imposed should not be the PO. may impose any condition which may be constructive to the correction of the offender. 92 93 WHEREAS clause Sec. An application for probation shall be filed with the trial court. unduly restrictive of the probationer. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.

14) 29 . or b) there is undue risk that during the period of probation the offender will commit another crime.95 imprisonment in case of insolvency. b) Sentence imposes a fine only and the Not less than nor more than twice the total of days of subsidiary offender is made to serve subsidiary number imprisonment. computed at the rate established in Art. b) convicted of any offense against the security of the State.d) Criteria of placing an offender on probation The court shall consider all information relative to the character.94 f) Period of probation a) Sentenced to a term of imprisonment of Not to exceed two (2) years. not more than one (1) year In all other cases. or c) probation will depreciate the seriousness of the offense committed. and e) who are already serving sentence at the time the substantive provisions of this Decree became applicable. environment. 39 of the Revised Penal Code (Sec. 94 95 Sec. d) who have been once on probation under the provisions of this Decree. antecedents. e) Disqualified offenders Those: a) sentenced to serve a maximum term of imprisonment of more than six (6) years. mental and physical condition of the offender. said period shall not exceed six (6) years. Probation shall be denied if the court finds that: a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos. and available institutional and community resources. 9.

The probationer and the probation officer shall each be furnished with a copy of such order.A. id. 24. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation.98 96 97 Sec. i) The Comprehensive Dangerous Drugs Act of 200297 Any person convicted for drug trafficking or pushing under this Act.96 h) Termination of probation. If revoked. once arrested and detained. shall immediately be brought before the court for a hearing. In such a case. the court may revoke or continue his probation and modify the conditions thereof. the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. 30 . 9165 98 Sec. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted. 15. If the violation is established. as amended. regardless of the penalty imposed by the Court. The probationer.g) Arrest of probationer At any time during probation. which may be informal and summary. exceptions After the period of probation and upon consideration of the report and recommendation of the probation officer. R. The defendant may be admitted to bail pending such hearing. 968. the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. of the violation charged.

During the trial of his case. diversion. 9344 P. g) Distinguished from preventive imprisonment Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable. rehabilitation. which provides child-appropriate proceedings. including programs and services for prevention.ii) Juvenile Justice and Welfare Act of 2006.D.99 also refer to Child and Youth Welfare Code 100 a) Definition of child in conflict with the law101 b) Exemption from criminal liability102 c) Juvenile justice and welfare system A system dealing with children at risk and children in conflict with the law. cannot afford to post the bond. re-integration and aftercare to ensure their normal growth and development.A. He is known as detention prisoner. he is detained in jail. 103 99 R. 603. or even if bailable. as amended 101 supra 102 ibid. 103 Article 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said article did not make any distinctions. 100 31 .

107 Except those punishable by arresto mayor . 105 The period shall be interrupted by the filing of the complaint or information. Book I Art. and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. the authorities or their agents.6.107 One (1) year. reclusion perpetua or Twenty (20) years. 104 The period of prescription shall commence to run from the day of discovery of the crime by the offended party.five (5) years 32 . or are unjustifiably stopped from any reason not imputable to him. 106 Crimes punishable by death. Six (6) months Two (2) months 104 105 See Reyes. 91 106 Ibid. Modification and Extinction of Criminal Liability a) Prescription of crimes It is the forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the lapse of a certain period of time. Ten (10) years. Revised Penal Code. reclusion temporal Crimes punishable by other afflictive penalties Correctional penalty Libel or other similar offenses Oral defamation and slander by deed Light offenses Fifteen (15) years.

109 Except the penalty of arresto mayor – five (5) years. the subsequent forgiveness by the wife shall extinguish the criminal action or the penalty except when the marriage is void ab initio. acts of lasciviousness.b) Prescription of penalties The loss or forfeiture of the right of the State to execute the final sentence of conviction after the lapse of a certain period of time. Of Prisons. the act of sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted. 9 Ed. Dir. 2 113 th Black’s Law Dictionary. in cases of adultery. if it is the husband who is the offender. 8353. 344 112 Sec. rape. It is granted only after conviction and may be extended to any of the offenders. to be subject of prescription. Death and reclusion perpetua Other afflictive penalties Correctional penalties Light penalties c) Pardon110 by offended party Only extinguishes civil liability.111 Under R. in the crime of rape. Art.108 One (1) year. e) Amnesty A pardon extended by the government to a group or class of persons. must have been imposed by final judgment. 92 110 An act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed (De Leon vs.112 d) Pardon by the Chief Executive Extinguishes criminal liability of the offender. However. 113 108 109 Twenty (20) years Fifteen (15) years Ten (10) years. 111 Art. seduction or abduction when granted before the institution of the criminal action also extinguishes criminal liability. The penalty. 31 Phil 60). 33 . concubinage.A. usually for a political offense. It cannot include civil liability which the offender must pay.

it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.. et al.114 Thus.Needs concurrence of congress. 82 Phil. Fernandez. It looks backward and abolishes and puts into oblivion the offense itself. 89 says “xxx by amnesty which completely extinguishes the penalty and all its effects.” 114 Barroquinto. Art. 642 34 . et al.

(3) from the circumstances surrounding the act. enhances forces of the enemy country. At this stage. Y later saw the arms unloaded in a warehouse. they cannot be regarded as (1) separate crimes or (2) as complex with treason. Only Filipino citizens or permanent resident aliens can be held liable c. Even after the war. c. not aggravating. b. only in times of war – actual hostilities. But that of an alien must be committed in the Philippines. (2) from the nature of the act itself. Adherence may be proved by: (1) one witness. The offender either – 1. offender can be prosecuted. When killings and other common crimes are charged as overt act of treason. There is a war in which the Philippines is involved. therefore. b. 2 witnesses testifying to same overt act.116 or 115 Art. Will X + Y be sufficient witnesses to convict? Answer: No. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. The offender owes allegiance to the Government of the Philippines b. 114 Treason: breach of allegiance to the government. Ways of proving treason: a. Filipino citizens can commit treason outside the Philippines. committed by a person who owes allegiance to it. levies war against the govt. On Citizenship: a. which weaken and tend to weaken the power of the same Adherence and giving aid or comfort must concur together. Confession of the accused in open court. Example: X saw arms landed in La Union and loaded into a motor vehicle. 35 . superior strength and treachery are circumstances inherent in treason. Because the law requires that 2 witnesses see the same overt act. mere attempt consummates the crime Giving aid or comfort – material element. Treason is a continuing crime. not sufficient to convict yet. No such thing as attempted treason. b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. But no need for declaration of war Levying of war: a) that there be an actual assembling of men. and are. Crimes Against National Security Crimes Treason115 Elements a. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that . But membership in the police force during the occupation is not treason. Treason cannot be committed in times of peace. Evident premeditation.Book II 1.

breach of allegiance 2. or 2. even if assisted by counsel is not enough. Submission of affidavit during trial. If he has pleaded not guilty already during arraignment. giving them aid and comfort117 Conspiracy to commit treason118 a. A person who has decided to levy war against the government. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too.for the purpose of executing a reasonable design 117 1. he can still confess in open court by stating the particular acts constituting treason. If the other accepts. giving aid or comfort to the enemy 118 Art. During trial. In times of war b. Withdrawing plea of “not guilty” during arraignment not necessary If during arraignment he pleads guilty. adhere to the enemies and to give them aid or comfort.adherence 3. c. They decide to commit it. breach of allegiance 2. levy war against the govt. 2 or more persons come to an agreement to 1. adheres to the enemies. Proposal to commit treason a. 116 1. simply saying “I’m guilty” is not enough.2.actual assembling of men 3. court will ask if the accused understands is plea. or to adhere to the enemies and to give them aid or comfort. proposes its execution to some other person/s. 115. it is already conspiracy 36 . In times of war b.

It is not conditioned on citizenship. without authority therefor. photographs or other data of a confidential nature relative to the defense of the Philippines. The offender must be owing allegiance to the government. warship. Wiretapping is NOT espionage if the purpose is not something connected with the defense 37 . Disclosing to the representative of a foreign nation the contents of the articles.Misprision of treason119 a. which he had in his possession by reason of the public office holds. data. transmitting. Espionage120 a. or naval or military establishments or reservation to obtain any information. what if you report to some other high-ranking government official? Ex. Entering. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission “To report within a reasonable time” – depends on time. 121 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. or information mentioned. place and circumstance – the RPC did not fix time. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK. and not a foreigner b. He has knowledge of any conspiracy (to commit treason) against the government c. 120 Art. 117 Espionage: the offense of gathering. fort. b. plans. What is important is that the information related is connected with the defense system of the Philippines. RPC states 4 individuals. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.121 119 Art.

no need for prohibition If ciphers were not used. 119 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality 124 Art. 123 Art. it could be economic reprisals. In times of war in which the Philippines is involved b. It is not correspondence with private individual in enemy country If ciphers were used. it must be correspondence with the enemy country Doesn’t matter if correspondence contains innocent matters – if prohibited. intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action. punishable 38 . 120 Circumstances qualifying the offense: a. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. Correspondence with hostile country124 a. The offender violates such regulation. The offender makes correspondence with an enemy country or territory 122 Art. notice or information might be useful to the enemy b. there is a need for prohibition In any case. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Violation of neutrality123 a. X burns Chinese flag. There is war in which the Philippines is not involved b. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. Example. The offender performs unlawful or reprisals122 unauthorized acts b.Inciting to war or giving motives for a. that is already reprisal. or denial of entry into their country. 118 Crime is committed in time of peace. If China bans the entry of Filipinos into China.

or 2. If none. The correspondence is either – 1.. Which is prohibited by competent authority 125 Art. even if went to enemy country – no violation Alien resident may be guilty here. 121 Mere attempt consummates the crime There must be a prohibition. 126 Filipino or resident alien 39 . There is a war in which the Philippines is involved b. The offender attempts to flee or go to enemy country d.occupied by enemy troops c. prohibited by the govt. containing notice or information which might be useful to the enemy Flight to enemy’s country125 a. or carried on in ciphers or conventional signs. The offender126 must be owing allegiance to the government c.

Piracy127 a. the crime is not piracy but robbery in the high seas 130 Article 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 131 The above may result to qualified mutiny 40 . its equipment or personal belongings of its complement or passengers Piracy in high seas – jurisdiction is with any court where offenders are found or arrested Piracy in internal waters – jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law. By seizing the whole or part of the cargo of said vehicles. homicide. 122 Two (2) Ways of Committing Piracy: a. The offenders are not members of its complement or passengers of the vessel c.131 127 Art. By attacking or seizing a vessel on the high seas or in the Philippine waters (P. The offenders – 1. seize the whole or part of the cargo of said vessel. piracy is part of robbery and theft 128 Any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign gov’t 129 if committed by crew or passengers. A vessel is on seas128/Philippine waters the high b. physical injuries.D. The crime is accompanied by murder. or rape. They have abandoned their victims without means of saving themselves c. Offenders seized a vessel by boarding or firing upon the same b. its equipment or personal belongings of its complement or passengers Qualified piracy130 a. attack or seize that vessel129 or 2. 532) b.

It shall include all kinds and types of vessels or boats used in fishing. or railway or railroad within the Philippines used by persons. The offenders shall be considered as pirates. breadth. gulfs. equipment. irrespective of the value thereof. or the personal belongings of its complement or passengers. the sea-bed. Any road.a) Anti-Piracy and Anti. including territorial sea. street. by means of violence against or intimidation of persons or force upon things. such as but not limited to. or property or both. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. the insular shelves.Highway Robbery132 i) Definition of terms Philippine Waters All bodies of water. or vehicles. including a passenger or member of the complement of said vessel. passage. or the taking away of the whole or part thereof or its cargo. length or dimension. and all other waters belonging to the Philippines by historic or legal title. or locomotives or trains for the movement or circulation of persons or transportation of goods. between and connecting each of the Islands of the Philippine Archipelago. committed by any person. seas. Vessel Philippine Highway Piracy 132 P. and other submarine areas over which the Philippines has sovereignty or jurisdiction. articles. highway and bridges or other parts thereof. bays around. Any attack upon or seizure of any vessel. 532 41 .D. irrespective of its depth. in Philippine waters.

D. the penalty is death (Sec. while it is in flight 138. 133 The penalty is reclusion temporal in its medium and maximum periods. extortion or other unlawful purposes. b. 4) 136 P. shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code.Highway Robbery/Brigandage The seizure of any person for ransom. unless the contrary is proven (Sec. If physical injuries or other crimes are committed as a result or on the occasion thereof. Any person who compels a change in the course or destination of an aircraft of Philippine registry. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom. Piracy133 b. or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage. Highway Robbery/Brigandage134 c. the penalty is reclusion perpetua. If kidnapping for ransom or extortion. ii) Punishable acts a. 1 138 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. the mandatory penalty is death. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage. or when the offenders abandoned the victims without means of saving themselves. murder or homicide is committed as a result or on the occasion of piracy. or to seize up or usurp the control thereof. or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means. 42 . or rape is committed as a result or on the occasion thereof. 6235 137 Sec. committed by any person on any Philippine Highway. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. or murder or homicide. If rape.135 b) Anti-Hijacking Law136 i) Punishable acts137 a. such as giving them information about the movement of police or other peace officers of the government. or when the seizure is accomplished by firing upon or boarding a vessel. 3) 135 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands. 134 The penalty is reclusion temporal in its minimum period. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly. the penalty is reclusion temporal in its medium and maximum periods.

D. 6. A. 532 151 P. No. 6969 148 R. 1613 147 R. No. 9372 Art. 122 141 Art. Dealing in. 5207 149 R.145 or under 1. Murder143 e. Decree Codifying the Laws on Illegal and Unlawful Possession. Kidnapping and Serious Illegal Detention144 f. D.A. 134 142 Art. 6235 150 P. Rebellion or Insurrection141 c. No. 1866. Toxic Substances and Hazardous and Nuclear Waste Control Act of 3. 248 144 Art.150 and. Anti-Piracy and Anti-Highway Robbery Law of 1974. 267 145 Art. A. 324 146 P. A. No.142 including acts committed by private persons d. Piracy in General and Mutiny in the High Seas or in the Philippine Waters140 b. No. Manufacture. The Law on Arson146 1990147 2. Crimes Involving Destruction. Ammunitions or Explosives. Acquisition or Disposition of Firearms. No. D. Anti-Hijacking Law149 5.151 139 140 R. 134-a 143 Art. as amended 43 .c) Human Security Act of 2007139 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Atomic Energy Regulatory and Liability Act of 1968148 4. Coup d' Etat.

Any person who. or instruments thereof.158 152 The penalty is forty (40) years of imprisonment. 3) 153 Conspiracy to Commit Terrorism There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same (Sec. 157 under Arts.152 ii) Who are liable a. 17 and 18 of the Revised Penal Code (See Reference) 158 Accessory 44 .155 cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts. concealing. Persons who conspire to commit the crime of terrorism. 5) The penalty is from seventeen (17) years. as amended (Sec. four (4) months one day to twenty (20) years of imprisonment. in order to prevent its discovery..157 takes part subsequent to its commission in any of the following manner: crime. not being a principal154 or a conspirator. having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. 154 under Art. (c) by harboring. and without having participated therein.153 b. in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism.thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace. either as principal or accomplice. or assisting in the escape of the principal or conspirator of the crime. 4) The penalty is forty (40) years of imprisonment. without the benefit of parole as provided for under Act No. otherwise known as the Indeterminate Sentence Law. Any person who. or the effects. 4103. (a) by profiting himself or assisting the offender to profit by the effects of the (b) by concealing or destroying the body of the crime.156 3. 17 of the Revised Penal Code 155 as defined in Section 4 thereof 156 Accomplice (Sec.

Crimes Against the Fundamental Laws of the State Crimes Arbitrary detention159 Elements a. Though the elements specify that the offender be a public officer or employee. is being. He detains a person160 c. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. 124 Classes of Arbitrary Detention: a. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person.2. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant 160 actual restraint 45 . By detaining a person without legal ground b. The detention was without legal grounds 159 Art. commission of a crime b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. Offender is a public officer or employee b. Crime is about to be. private individuals who conspire with public officers can also be liable. has been committed b. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. Legal grounds for the detention of any person: a.

for purposes of this article. or their equivalent or 3. Duty complied with upon the filing of the complaint with the judicial authority (courts. or that there is a proceeding upon a petition for the liberation of such person c. Serious and less serious offenses – 7 to 10 days. or their equivalent 2. 125 Detention is legal in the beginning. 36 hours. Offender is a public officer or employee b. Does not contemplate actual physical delivery but at least there must be a complaint filed. the service of the notice of such order to the 161 Art. for crimes/offenses punishable by correctional penalties. crime is illegal detention 162 Art.Delay in the delivery of detained a. Neither does it affect the legality of the confinement under process issued by the court. for crimes/offenses punishable by capital punishment or afflictive penalties. Really means delay in filing necessary information or charging of person detained in court. He fails to deliver such person to the proper judicial authority within: 1. prosecutors – though technically not a judicial authority. There is a judicial or executive order for the release of a prisoner or detention prisoner. 18 hours. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person. He has detained a person for some legal ground c. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. What is length of waiver? Light offense – 5 days. or their equivalent Delaying release162 a. To escape from this. Offender is a public officer or employee persons161 b. if detained for crimes/offenses punishable by light penalties. Offender without good reason delays: 1. Such waiver is not violative of the accused constitutional right. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. he’s considered as one. 12 hours. May be waived if a preliminary investigation is asked for.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation 46 .) The filing of the information in court does not cure illegality of detention.

by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion. or unjust vexation. the crime committed by the public officer is grave coercion. will amount to grave coercion. if violence or intimidation is used (Art 286). or 3. by expelling a person from the Philippines b. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. If done by a private person. or compels a person to change his residence c. He commits any of the following acts: 163 Art. or when sent to prison If X (Filipino) after he voluntarily left. destierro. if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner. 164 Art. 127 2 acts punishable: a. 47 .prisoner. He expels any person from the Philippines. or 2. save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. Does not include undesirable aliens. the crime committed is trespass to dwelling (Art 280) When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. the performance of such judicial or executive order for the release of the prisoner. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual. even if he knew that someone in that dwelling is having unlawful possession of opium “Being authorized by law” – means with search warrant. is refused re-entry – is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. the proceedings upon a petition for the release of such person Expulsion163 a. He is not authorized to do so by law Violation of domicile164 a. Offender is a public officer or employee b. Offender is a public officer or employee b.

Offender is a public officer or employee Abuse in the service of those legally obtained165 b. all details must be with particularity Malicious warrant. He exceeds his authority or uses unnecessary severity in executing the same 165 Article 129 Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People. Examples: a. Example. commanding him to search for personal property described therein and bring it before the court No just cause – warrant is unjustified Search – limited to what is described in the warrant. signed by the judge and directed to a public officer.1. Abuse. A return was made. There is no just cause a. X owner was handcuffed while search was going-on. Search warrants obtained and maliciously a. searching papers or other effects found therein without the previous consent of such owner. Tank was used to ram gate prior to announcement that a search will be made c. 3. 2. after having surreptitiously entered said dwelling and after having been required to leave the same. refusing to leave the premises. b. Persons who were not respondents were searched 48 . X was a respondent of a search warrant for illegal possession of firearms. Offender is a public officer or employee b. entering any dwelling against the will of the owner thereof. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. He procures a search warrant c. He has legally procured a search warrant c.

or two witnesses residing in the same locality are not present Prohibition. otherwise. interruption. He is armed with a search warrant legally procured c. it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. papers or other belongings of any person d. not a participant.g. He searches the domicile. denial of permit in arbitrary manner 49 . 167 Article 131 Prohibiting or hindering any person from addressing. Members of the family of sufficient age and discretion c. Offender is a public officer or employee b. Homeowner b. or dissolving the same168 2. and dissolution of peaceful meetings167 a. acts: 1.Searching witnesses166 domicile without a. dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. either alone or together with others. Example: Ordinance requires permits for meetings in public places. officer is liable for stopping the meeting. not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. Offender is a public officer or employee b. without legal ground the holding of a peaceful meeting. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting. 168 e. The owner. Responsible members of the community (can’t be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. in the peaceful meeting. Latter is preferred for objective determination. or any member of his family. He performs any of the ff. prohibiting or interrupting. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. hindering any person from joining any lawful association or from attending any of its 166 Article 130 Order of those who must witness the search: a. But if police stops a meeting in a private place because there’s no permit.

in a place devoted to religious feelings. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. but only a meeting of a religious sect. But if done in a private home. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. Is X liable? X may be liable under Art 133 because X is a private person. 169 Art. There is a deliberate intent to hurt the feelings of the faithful.171 or 2. although in other cases. baptism.meetings Interruption worship169 of religious a. only the place is material 172 deliberate intent to hurt the feelings 50 . Offender is a public officer or employee b. mere arrogance or rudeness is not enough 171 for this element. Processions and special prayers for burying dead persons but NOT prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. marriage X. The acts must be notoriously offensive to the feelings of the faithful172 c. Ex. no need of religious ceremony. he is a person in authority. Religious ceremonies or manifestations of any religion are about to take place or are going on c. 133 If in a place devoted to religious purpose. during the celebration of any religious ceremony b. The acts complained of were performed – 1. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. Offender is any person d. a manifestation of religion. When priest is solemnizing marriage. He prevents or disturbs the same Offending religious feelings170 a. Mass. he’s not. 170 Art. as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful. a private person. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). directed against religious tenet.

having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall.A. If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state Peaceful Meeting Crime against the Public officers. The police or law enforcement personnel concerned shall. If by insider = unjust of fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Interruption Religious Worship Offending the Crime against public Public officers. deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested. or law enforcement personnel. 51 . to ascertain the identity of the 173 174 R. and scandal outsiders If meeting illegal at onset = inciting to sedition or rebellion a. Human Security Act of 2007173 (1) Period of detention The provisions of Article 125174 of the Revised Penal Code to the contrary notwithstanding. It shall be the duty of the judge. If not tumults = alarms Religious Feeling order private persons. among other things. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities. 176 Ibid. detained. present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. before detaining the person suspected of the crime of terrorism. 9372 See Reference 175 Ibid.Crime Nature of Crime Who are Liable If Element Missing Prohibition. and taken into custody by the said police. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7175 and examination of bank deposits under Section 27 176 of this Act. who. Crime against the Public officers. any police or law enforcement personnel.

city. In the event of an actual or imminent terrorist attack. 9745 52 . the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. exhaustion. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. such as: (1) Systematic beating. If the arrest is made during Saturdays. striking with truncheon or rifle butt or other similar objects. punching. Sec. head banging. 177 178 Sec.police or law enforcement personnel and the person or persons they have arrested and presented before him or her. regional trial court. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided . suspects may not be detained for more than three (3) days without the written approval of a municipal. to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical. b. holidays or after office hours. 179 R. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. Within three days after the detention the suspects. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph177. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. 19. Anti-Torture Act179 (1) Punishable acts (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain. shall be released immediately 178. 18. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. and jumping on the stomach. provincial or regional official of a Human Rights Commission or judge of the municipal. kicking.That where the arrest is made during Saturdays. Sundays. Sundays. moral or psychological torture by whom and why. holidays or after office hours. whose connection with the terror attack or threat is not established..A. disability or dysfunction of one or more parts of the body.

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

(8) Causing the torture sessions to be witnessed by the person's family. (7) Maltreating a member/s of a person's family. and (12) Other analogous acts of mental/psychological torture. (5) Preparing a prisoner for a "show trial". (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. (10) Shame infliction such as stripping the person naked. parading him/her in public places. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be 180 181 Sec. public display or public humiliation of a detainee or prisoner. 180 (2) Who are liable181 Any person who actually participated or induced another in the commission of torture or other cruel. 4. (2) Threatening a person(s) or his/her relative(s) with bodily harm. execution or other wrongful acts. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. shaving the victim's head or putting marks on his/her body against his/her will. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. criminally 54 .(1) Blindfolding. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. creating the belief that he/she shall be summarily executed. (3) Confinement in solitary cells or secret detention places. (9) Denial of sleep/rest. (4) Prolonged interrogation. relatives or any third party.

whether directly or indirectly. 13. owing to the circumstances at the time. or (c) By harboring. abetted or allowed. either as principal or accomplice. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. inhuman and degrading treatment or punishment. did not take preventive or corrective action either before. takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel. inhuman and degrading treatment or punishment is being committed and without having participated therein. or has been committed by his/her subordinates or by others within his/her area of responsibility and. when he/she has the authority to prevent or investigate allegations of torture or other cruel. despite such knowledge.held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. assisted. is being committed. concealing or assisting m the escape of the principal/s in the act of torture or other cruel. That the accessory acts are done with the abuse of the official's public functions. 55 . whether deliberately or due to negligence shall also be liable as principals. If he/she has knowledge of or. inhuman and degrading treatment or punishment shall be committed. inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. during or immediately after its commission. inhuman and degrading treatment or punishment: Provided. or negligence committed by him/her that shall have led. (b) By concealing the act of torture or other cruel. 182 182 Sec. the commission thereof by his/her subordinates. should have known that acts of torture or other cruel.

the crime is of direct assault. even if not in furtherance of rebellion cannot be complexed If killing. which may result in homicide. or that they never recognized the government Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government 56 . Mere giving of aid or comfort is not criminal in the case of rebellion. Any person who. engaging in war against the forces of the government 2. performed similar acts on behalf of the rebels Persons liable for rebellion: i. maintains. Public officer must take active part because mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to. or ii. However. Examples: killing. 134 Success is immaterial. it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. If there is no public uprising. without any political motivation. while holding any public office or employment. directed the others b. It is not limited to hostilities against the armed force. or 3. robbing were done for private purposes or for profit. the crime would be separately be punished and would not be embraced by rebellion (People v. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians. spoke for them c. signed receipts and other documents issued in their name d. mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. Crimes Against Public Order Crimes Rebellion or insurrection183 183 Elements a. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. there must be actual participation Not necessary that there is killing. Rape. destroying property or committing serious violence 3. heads a rebellion or insurrection. Merely sympathizing is not participation. possessions of firearms. not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation Rising publicly and taking arms against government – actual participation. illegal association are absorbed. promotes 2. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion). 4. There be – Art. Any person who: 1. purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the gov’t. takes part therein by: 1.2.

threat. intimidation. strategy or stealth c. Swift attack b. 134-A 57 . naval or other armed forces. Purpose of seizing or diminishing state power a. Committed by any person or persons belonging to the military or police or holding any public office or employment. to deprive the chief executive or congress. anybody of land. taking arms against the government184 b. would be separately punished and would not be absorbed in the rebellion. 184 185 Killing. Directed against: 1. 3. of any of their powers or prerogatives Coup d e’tat185 a. Singly or simultaneously carried out anywhere in the Philippines or e. robbing etc. with or without civilian support or participation f. force/violence Art. or 2. or ii. for private persons or for profit. without any political motivation. 4. 2. the territory of the Philippines or any part thereof. public uprising and 2. duly constituted authorities any military camp or installation communication networks or public utilities other facilities needed for the exercise and continued possession of power d. to remove from the allegiance to said government or its laws – i. wholly or partially.1. Purpose of the uprising or movement is either 1. Accompanied by violence.

If there are no means. no fault If position is accepted in order to protect the people. 136 Organizing a group of soldiers. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 58 . A person who has decided to rise publicly and insurrection187 take arms the government b. and soliciting funds for the organization show conspiracy to overthrow the gov’t The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t Conspiracy must be immediately prior to rebellion If it is during the rebellion. 137 Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it. then there’s disloyalty. soliciting membership in. Continuing to discharge the duties of their offices under the control of rebels c. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. For any of the purposes of rebellion c. 189 Art. 2 more persons come to an agreement to rise insurrection186 publicly and take arms against the government b. Accepting appointment to office under rebels Inciting to rebellion or insurrection189 a. Proposes its execution to some other person/s Disloyalty of public officers and a.Conspiracy to commit rebellion or a. 188 Art. He incites others to the execution of any of the 186 187 Art. then it is already taking part in it. Failing to resist rebellion by all the means in their employees188 power b. For any of the purposes of rebellion c. They decide to commit it Proposal to commit rebellion or a. Offender does not take arms or is not in open hostility against the government b.

Offenders rise – 1. proclamations. or prevent the execution of any administrative order 3. intimidation. In rebellion – always political Tumultuous – caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition – offender may be a private or public person (Ex. leader of the sedition. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. Difference from rebellion – object or purpose of the surprising. Soldier) Public uprising and the object of sedition must concur Persons liable for sedition: a. They employ force. and b. banners or other representations tending to the same end Sedition190 a. 139 Sedition: raising of commotion or disturbances in the State. to commit for any political or social end. writings. or other means outside of legal methods c. or any provincial or municipal government. Sedition – purpose may be either political or social. to prevent the national government. The inciting is done by means of speeches. or any public thereof from freely exercising its or his functions. other persons participating in the sedition 191 if no public uprising = tumult and other disturbance of public order 192 vis-à-vis rebellion where there must be a taking of arms 59 . to prevent the promulgation or execution of any law or the holding of any popular election 2. emblems.acts of rebellion c. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. In rebellion – there must be taking up of arms against the government. Offenders employ any of those means to attain any of the following objects: 1. Publicly191 2. For sedition – sufficient that uprising is tumultuous. any act of hate or revenge against private persons or any 190 Art. Tumultuously192 b.

when they suggest or incite rebellious conspiracies or riots. which tend to disturb the public peace. or the national government of all its property or any part thereof Inciting to sedition194 a.social class193 5. or b. writings. or d. writing. when they tend to instigate others to cabal and meet together for unlawful purposes c. banners. mean. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. emblems etc. The inciting is done by means of speeches. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. libelous] libels against the government or any of the duly constituted authorities thereof. emblems. or other representations tending to the same end. Uttering seditious words or speeches which tend to disturb the public peace or writing.196 193 194 hence. He incites others to the accomplishment of any of the acts which constitute sedition195 c. etc. b. municipality or province. publishing. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. emblems. or circulating scurrilous [vulgar. 134 196 Purpose: cause commotion not exactly against the government. Different acts of inciting to sedition: a. Writing. any person. proclamations. writings. actual disturbance not necessary 60 . proclamations. Knowingly concealing such evil practices When punishable: a. 3. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. Offender does not take a direct part in the crime of sedition b.142 Acts punished: 1. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. which tend to disturb the public peace c. the safety and order of the government 195 Art. for any political or social end. Uttering seditious words or speeches which tend to disturb the public peace.. publishing. proclamations. to despoil. even private persons may be offended parties Art. cartoons. 2.

except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 61 . There be a projected or actual meeting of meeting of congress and similar Congress or any of its committees or bodies197 subcommittees. threats. or frauds to prevent any member of Congress from – 1. By using force. Offender is a public officer or employee b. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. By arresting or searching any member thereof while Congress is in a regular or special session.Acts tending to prevent the a. constitutional commissions or committees or division thereof. There be a meeting of Congress or any of its committees. or from 2. 144 Complaint must be filed by member of the Legislative body. or of any provincial board or city or municipal council or board b. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. expressing his opinions or 3. casting his vote b. Offender who may be any persons prevents such meeting by force or fraud Disturbance of proceedings198 a. constitutional commissions or committees or divisions thereof. He arrests or searches any member of Congress 197 Art. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Violation immunity199 of parliamentary a. or of any provincial board or city or municipal council or board b. constitutional commissions or committees or divisions thereof. 198 Art. Accused may also be punished for contempt 199 Art. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. he disturbs any of such meetings 2. attending the meeting of the assembly or any of its committees. intimidation. Offender does any of the following acts: 1.

penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. considered as leader or organizer of the meeting 202 Art. Audience whether armed or not. is in a regular or special session d. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. Meeting of the second form 1. is incited to the commission of the crime of treason. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. 201 Art. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor200 Illegal assemblies201 a. or licensed firearms. Meeting of the first form 1.c. founders. Or for some purpose contrary to public morals 200 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment. if they are not armed. gathering or group of persons whether in a fixed place or moving 2. penalty is arresto mayor b. Congress. directors and president of the association b. like bolos or knives. sedition or direct assault. rebellion or insurrection. gathering or group of persons whether in a fixed place or moving 2. Illegal associations 202 a. Meeting. Organized totally or partially for the purpose of committing any of the crimes in RPC b. the organizers or leaders of the meeting b. meeting attended by armed persons b. 147 Persons liable: a. if they carry arms. mere members of the association 62 . purpose: to commit any of crimes punishable under the code 3. Meeting. at the time of arrest or search. purpose of the meeting is to commit acts punishable under the RPC b.

because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. b. c.Direct assault203 1st form: a.g. in which case. 2nd form a. The person assaulted is a person in authority or his agent. Offender 1. At the time of the assault the person in authority 203 Art. makes a serious intimidation. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder. when the offender is a public officer or employee c. makes an attack. 3. the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. when the assault is committed with a weapon b. the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority. 2. employs force. When the person in authority or the agent provoked/attacked first. direct assault with murder) except if resulting in a light felony. 204 victim need not be person in authority 63 . still direct assault. or 4. makes a serious resistance. b. Always complexed with the material consequence of the act (e. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a.148 Direct assault cannot be committed during rebellion. There is no public uprising.204 c. or with serious physical injuries. Pointing a gun) Even when the person in authority or the agent agrees to fight. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. Offender employs force or intimidation.

A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. 209 Art. is engaged in the actual performance of official duties. the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Disobedience to summons209 a. 150 64 . Indirect assault208 a. Restraining another from attending as witness in such body 205 206 motive is not essential motive is essential 207 with intention to offend. Refusing without legal excuse to obey summons b. Aiding a policeman under attack. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. records etc.206 a. Example.149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault. Refusing to be sworn or placed under affirmation c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. d. injure or assault 208 Art. the person who should be aided is the agent (not the person in authority because it is already direct assault. by reason of the past performance of official duties. b. A person comes to the aid of such authority or his agent. c.205 or that he is assaulted 2. There is no public uprising.207 b. Refusing to answer any legal inquiry to produce books.or his agent 1.

d. protection and the security of life. Offender resists or seriously disobeys such person in authority or his agent. and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority. Sheriff g. Barangay captain b. property. the punong barangay. 149 and 150. Barrio councilman b. Any person who comes to the aid of persons in authority Section 388 of the Local Gov’t Code provides that “for purposes of the RPC. colleges and universities f. a. Malacañang confidential agent i. by direct provision of law or by election or by appointment by competent authority. agents of the BIR h. sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. par. Barangay leader d. c. Professors e. 152) Person in Authority – any person directly vested with jurisdiction. a. Barrio policeman c. A person in authority or his agent is engaged in person in authority or the agent of the performance of official duty or gives a lawful such person210 order to the offender. board or commission. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. is charged with the maintenance of public order and the protection and security of life and property. The act of the offender is not included in the provisions of Arts. postmaster f.e. Persons charged with the supervision of public or duly recognized private schools. 210 Art. 151. 1 Persons in authority/Agents of persons in authority (Art. Teachers d. b. 65 . 148. Barangay chairman c. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. whether as an individual or as a member of some court or governmental corporation. or the maintenance of a desirable and balanced environment. municipal treasurer e. Inducing disobedience to a summons or refusal to be sworn Resistance and disobedience to a a.

Interrupting or disturbing public performances. although rebellious or seditious in nature. its inciting to rebellion or sedition. b. association or public place d. Offender disobeys such agent of a person in authority. functions. by the same means or by words. this article applies. Causing any serious disturbance in a public place. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers.Simple disobedience211 a. is not intentionally calculated to induce others to commit rebellion or sedition. Such disobedience is not of a serious nature. otherwise. or cause damage to the interest or credit of the State. Encouraging disobedience to the law or to the constituted authorities or by praising. par 2 Art. Tumults and other disturbances of a. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which. or if committed by public officers they are not participants therein. Unlawful use of publication and utterances214 means of a. utterances or speeches 211 212 Id. gatherings or peaceful meetings.. Making any outcry tending to incite rebellion or sedition in any meeting. justifying or extolling any act punished by law. by means unlawful of printing. public order212 office or establishment b. 154 66 . b. lithography or any other means of publication as news any false news which may endanger the public order. Displaying placards or emblems which provoke a disturbance of public order in such place e. Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” 213 Public Officers interrupting peaceful meetings or religious worship 214 Art. Publishing or causing to be published. Burying with pomp the body of a person who has been legally executed. if the act is not included in Art 131 and 132213 c.

it is illegal discharge What governs is the result. or before they have been published officially d. intimidation or bribery. not the intent 217 Art. pamphlets. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise 218 if the escapee is serving final judgment. There is a person confined in a jail or penal establishment. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. provided the act is not covered by Art 153. firecracker. Discharging any firearm. publishing or distributing or (causing the same) books. Alarms and scandals215 a.216 Delivering prisoners from jail217 a. otherwise. tin horns etc. or other explosive within any town or public place. Maliciously publishing or causing to be published any official resolution or document without proper authority. 155 Tumult Charivari – mock serenade or discordant noises made with kettles. designed to deride. insult or annoy Firearm must not be pointed at a person. Printing. rocket. Offender removes therefor such person.c. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense – is committed by means of violence. or helps the escape of such person218 215 216 Art. he is guilty of evasion of sentence 67 . b. Causing any disturbance or scandal in public places while intoxicated or otherwise. calculated to cause alarm or danger b.

Offender evades the service of his sentence by leaving the penal institution where he is confined. conflagration. 3.c. Offender is a private individual Evasion of sentence or service219 a. b. 219 Art. deceit. c. resulting from1. Offender is a convict by final judgment. disguise. earthquake. conflagrations. breaking doors. He evades the service of his sentence by escaping during the term if his sentence. Offender is a convict by final judgment who is the occasion of disorders. roofs or floors c. a sedition. He is serving his sentence which consists in deprivation of liberty220 c. a revolt Disarming the guards is not mutiny 68 . Offenders – not minor delinquents nor detention prisoners If escaped within the 15 day appeal period – no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro – not acceptable Circumstances qualifying the offense (done thru): a. or 5. mutiny in which he has not participated. confined in a penal institution. or 4. similar catastrophe. Offender must escape to be entitled to allowance Mutiny – organized unlawful resistance to a superior officer. 157 A continuing offense. unlawful entry (by “scaling”) b. 2. using picklocks. connivance with other convicts or employees of the penal institution 220 destierro included 221 fact of return immaterial 222 Art. windows. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. on the occasion of such disorder or during the mutiny. earthquakes or other calamities222 b. violence or intimidation d. walls. false keys.221 Evasion of service of sentence on a. explosion. gates. There is disorder. in no case to exceed 6 months.

c. a. Offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. as amended by R. 69 . Acquisition or Disposition.A.A. Dealing in. But if under Revised Admin Code. 1866. 9372 227 supra 228 Ibid. sedition. Human Security Act of 2007226 (1) Punishable acts of terrorism227 (2) Who are liable228 (3) Absorption principle in relation to complex crimes Other crimes committed in the course of acts of terrorism are deemed absorbed either as a means necessary for their commission or as an unintended effect of acts of terrorism. or attempted coup d’etat225 b. Violation of conditional pardon223 a.d. He was granted a conditional pardon by the chief executive. Decree Codifying the Laws on Illegal / Unlawful Possession. 8294 225 supra 226 R. b. They cannot be charged as separate offenses in themselves. Offender was a convict. Manufacture.D. He violated any of the conditions of such pardon. 223 Art. of Firearms. insurrection. 159 Infringement of conditions/terms of President Condition extends to special laws – violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. no conviction necessary. Ammunition or Explosives224 as an element of the crimes of rebellion. President has power to arrest. reincarnate offender without trial 224 P.

others signed it – not the President. Crimes Against Public Interest Crimes Counterfeiting government229 great seal Elements/How committed of a. Forging the great seal of the Government b. 161 When the signature of the President is forged. deliver or give away Import – to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority 232 Need not be legal tender Counterfeiting – imitation of legal or genuine coin (may contain more silver. imported or uttered such coins. Forging the signature of the President c.4. Offender either made. different design) such as to deceive an ordinary person in believing it to be genuine 233 Art. he connives with counterfeiters or importers Multilation of coins – importation and utterance233 229 Art. The great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. 162 Offender is not the forger/not the cause of the counterfeiting 231 Utter – to pass counterfeited coins. c. 70 . Making and importing uttering false coins231 and a. 164 This has been repealed by PD 247. 230 Art. There be false or counterfeited coins232 b. He used the counterfeit seal or forged signature or stamp. it is not falsification but forging of signature under this article Signature must be forged. In case of uttering such false or counterfeited coins. b. Forging the stamp of the President Using forged signature counterfeit seal or stamp230 or a. c. Offender knew of the counterfeiting or forgery.

Art. mutilation c. words. drafts for money. 71 . 166 Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing. to diminish by inferior means (to diminish metal contents). sweepstakes money If the falsification is done on a document that is classified as a government security.g. possession or mutilated by another person. However. 165 Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. national bank notes. falsifying – lotto or sweepstakes ticket. knowing that c. Foreign notes and coins not included. be false or mutilated. counterfeiting or altering by any means the figures and letters. willful defacement b. actually uttering. Forging treasury or bank notes – Forging or falsity of treasury/bank notes or importing and uttering235 documents payable to bearer b. Must be legal tender. signs contained therein e. then the offender may either have violated Article 171 or 172. and mutilated coin. counterfeited a. tearing d. certificate of deposits. 2. knowledge it is false or mutilated. Importing of such notes Under this P. under Presidential Decree No. the acts punishable are: a. certificate of indebtedness. with b. and intent to utter the same. Must be intention to mutilate. treasury notes. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. knowing the same to b. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here – it’s falsification of commercial document under Article 172 Obligation or security includes: bonds. with intent to utter. then the crime is punished under Article 166. without connivance234 1. burning e. substituting. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. 165 Possession does not require legal tender in foreign coins Includes constructive possession 235 Art. mutilation is not limited to coins. 234 Art. if it is not a government security. knowledge. coupons.. On the other hand. Actually uttering such false or a. Possession of coin.Selling of false or mutilated coin. bills.D. checks. 247.

what is used is “forgery. Generally. the word “counterfeiting” is not used when it comes to notes. By giving to a treasury or bank note or any Art. He performs any of these acts – 1. and a. which are in the form of obligations and securities issued by the Philippine government as its own obligations. possessing with intent to use any of such forged or falsified instrument. Any treasury or bank note or certificate or other obligation and security payable to bearer. There be an instrument payable to order or other uttering instruments not payable document of credit not payable to bearer. c. imported or uttered such instruments. Notice that mere change on a document does not amount to this crime.” Counterfeiting refers to money. That in case of uttering. c. Offender either forged. he connived with the forger or importer Illegal possession and use of false treasury or bank notes and other instrument of credit237 a. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes 238 Article 169 Forgery under the Revised Penal Code applies to papers. which under the Revised Penal Code is given a status of money or legal tender. which is given the same status as legal tender. the crime committed is forgery. figure or design would amount to forgery. importing. Offender knows that any of those instruments is forged or falsified. At most. When what is being counterfeited is obligation or securities. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. number. or 2. it would only be frustrated forgery. to bearer236 b. whether coins or bills. Uttering of such false or forged obligations and notes in connivance with forgers and importers Counterfeiting. The essence of forgery is giving a document the appearance of a true and genuine document. b.c. 167 Art. Not any alteration of a letter. Distinction between falsification and forgery 72 . Forgery238 236 237 a. using any of such forged or falsified instrument.

or signs contained therein. commercial. By erasing. The falsification must be committed on a genuine. d. or wireless. A bill.240 b. spurious or fabricated legislative document. altering by any means the figures. Falsification is the commission of any of the eight acts mentioned in Article 171 on legislative. the crime is not punished under this article but under Article 171 or 172. true and authentic legislative document. c. Falsification documents239 of legislative a. the appearance of a true and genuine document b.instrument payable to bearer or to order. letters or words. If committed on a simulated. counterfeiting. Offender alters the same. He has no proper authority therefor. or telegraph messages. or private documents. public or official. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. The term forgery as used in Article 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. 239 Article 170 Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies. substituting. 240 The words "municipal council" should include the city council or municipal board – Reyes 73 . The alteration has changed the meaning of the document.

Requisites: i. The two signatures or handwritings. employee. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. or an attempt to imitate ii. This kind of falsification may be committed by omission There must be a narration of facts. bear some resemblance to each other 2. Counterfeiting or imitating any handwriting. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Must be on a material matter 74 . 3. signature or rubric. He falsifies a document by committing any of the following acts: 1. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. or ecclesiastical minister241 b. Ex. c. the genuine and the forged. or notary public. Requisites: i. or notary public officer. Offender is a public officer.Falsification of documents by a. Making untruthful statements in a narration of facts243 241 243 Article 171 For one to be held criminally liable. Offender caused it to appear in a document that a person/s participated in an act or a proceeding. not a conclusion of law. and ii. He takes advantage of his official position. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Such person/s did not in fact so participate in the act or proceeding 4. There be an intent to imitate. employee.

The alteration/intercalation has changed the meaning of the document iv. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. 7. 245 if no knowledge. There be an alteration (change) or intercalation (insertion) on a document ii. It can be a certification purporting to show that the document issued is a copy of the original 75 . and iv. Altering true dates244 6. or including in such copy a statement contrary to. The facts narrated by the offender are absolutely false. He has a legal obligation to disclose the truth of the facts narrated by him. Made on a genuine document iii. It can also refer to a public officer or notary who prepared and retained a copy of the document. The change made the document speak something false. Making any alteration or intercalation in a genuine document which changes its meaning.Requisites: i. or different from. falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. Offender makes in a document statements in a narration of facts ii. The falsification can be done in two ways. Requisites: i. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5. (required by law to be done) and iii. that of the genuine original245 or 244 Date must be essential The document must be material to the right created or to the obligation that is extinguished.

171. it is presumed If the falsification of public. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. entries which are not found on contrary to. Offender is a private individual or a public officer and use of falsified documents or employee who did not take advantage of his official position. Use of falsified document a. He committed any of the acts of falsification enumerated in Art. b.246 c.247 Falsification of private document242 a. except those in paragraph 7 and 8. what is punished is the violation of public faith and perversion of truth which the document proclaims. The falsification was committed in any private document c. 246 supra 247 Under this paragraph. The false document is embraced in art. 242 Art. The falsification was committed in any public or official or commercial document. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. 171. Offender knew that a document was falsified by another person. official or commercial documents. or different from the original genuine document on file. b. Offender committed any of the acts of falsification. Sandiganbayan) 248 essential element. hence. registry. (Sarep vs. 2. whether they be public official or by private individuals. enumerated in Art. no crime of estafa thru falsification of private document 76 . or official book. damage is not essential. 171 or on record when no such original exists.8. Intercalating any instrument or note relative to the issuance thereof in a protocol. Introducing in a judicial proceeding: 1. Falsification of Public/Official Documents: Prejudice to third persons is immaterial. it is not necessary that there be present the idea of gain or the intent to injure a third person. Falsification by private individuals a. The falsification caused damage248 to a third party or at least the falsification was committed with intent to cause such damage.

and use of said falsified messages251 1. falsifying wireless. cable or telephone message. telegraph. 3. He introduced said document in evidence in any judicial proceeding. 2. He used such documents250 4. Accused commits any of the following acts: i. to be liable. the use is so closely connected in time with the falsification b. uttering fictitious wireless. the user had the capacity of falsifying the document 251 Art. a. cable. or telephone message 249 250 intent to cause damage not necessary not in judicial proceedings The user of the falsified document is deemed the author of falsification. engaged in the service of sending or receiving wireless. 173 The public officer. cable. 171 or in any of subdivisions nos. 172. telegraph. Offender knew that a document was falsified by another person. if: a. or telephone message. wireless. b. 172. or ii.249 b. must be engaged in the service of sending or receiving wireless. The false document is embraced in art.in any subdivisions nos. 1 and 2 of art. cable. The use of the documents caused damage to another or at least was used with intent to cause such damage. Uttering fictitious. cable and telegraph or telephone message 77 . telegraph. 3. Use in any other transaction: 1. Offender is an officer or employee of the telegraph or telephone message government or an officer or employee of a private corporation. Falsification of wireless. 1 and 2 of art. and telephone messages.

Private individual who falsified a certificate under (a) and (b) Using false certificates255 a. cable or telephone message. telegraph a. or a private person had 252 253 supra Art. The use of the falsified dispatch resulted in the prejudice of a third party. or telephone message 3. cable. or a public officer has issued a false certificate of merit or service. good conduct. A physician or surgeon has issued a false medical certificate. 175 78 . telegraph. Accused knew that wireless. Falsification of medical a. certificates of merit or practice of his profession. falsifying wireless. Physician or surgeon who. cable. Offender is an officer or employee of the or telephone message government or an officer or employee of a private corporation. Accused commits any of the following acts: i. c.2. issued a false certificate254 service and the like253 b. or that the use thereof was with intent to cause such prejudice. in connection with the certificates. Accused used such falsified dispatch. 174 254 Such certificate must refer to the illness or injury of a person 255 Art. good conduct or similar circumstances c. uttering fictitious wireless. Using such falsified message a. telegraph. telegraph. or telephone message was falsified by any of the person specified in the first paragraph. b. Public officer who issued a false certificate of merit of service. cable. or telephone message.252 b. or similar circumstances. engaged in the service of sending or receiving wireless. or ii. Falsifying wireless.

176 The implement confiscated need not form a complete set Constructive possession is also punished 257 Art. 256 Art. b. 258 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. 79 . dies or marks or other instruments or falsification256 implements for counterfeiting or falsification b. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. c. a. agent or representative of any department or agency of the Philippine government or of any foreign government. Manufacturing and possession of a. He used the same. Making or introducing into the Philippines any intruments or implements for stamps. and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition. he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion.falsified any of said certificates. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. By knowingly and falsely representing oneself to be an officer. The elements of false pretense is necessary to commit the crime of usurpation of official function. b. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. As an officer. to any public office If the offender commits the acts of usurpation as contemplated herein. Offender knew that the certificate was false. Not necessary that he performs an act pertaining to a public officer. to the gov’t b. to any person in authority c. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person Usurpation of authority or official functions257 1. agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t258. Offender knowingly and falsely represents himself.

surname. Signing fictitious name for a passport 80 .2. Without being lawfully entitled to do so. or any agency thereof. to evade the execution of a judgment. Offender conceals – 1. b. In concealment of true name.261 a. the offender presents himself before the public with another name. just enough to conceal the name of the offender. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. upon being interrogated. b. 260 Art. Any other name which a person publicly applies to himself without authority of law is a fictitious name. to cause damage to public interest. The name of a person refers to his first name. Using fictitious name259 a. A person under investigation by the police who gives a false name and false personal circumstances. gov’t or foreign gov’t under the pretense of such official position. Offender uses a name other than his real name. that the purpose is only to conceal his identity. His only motive in doing so is to conceal his identity. the deception is done momentarily. a. 2. and maternal name. his true name. 3. Under pretense of official position. and without being lawfully entitled to do so. concealing true name260 259 The name of a person is what appears in his birth certificate. Purpose of the offender is – 1. d. is guilty of this crime 261 ex. He uses that fictitious name publicly. Pertaining to any person in authority or public officer of the Philippine government or any foreign government. and c. all other personal circumstances. or 3. In the use of fictitious name. By performing an act pertaining to any person in authority or public officer of the Phil. and 2. to conceal a crime. Offender performs any act. c.

uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony False testimony . 263 Art.is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films. b. Offender testifies falsely 262 Art. Nature of the crime of false testimony. Offender who gives false testimony knows that it is false. 2. or influence which the public looks up to. uniform or dress. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. can’t be committed through negligence. Offender makes use of insignia. Said insignia. d. Under oath against the defendant therein. 1. It is necessary that the uniform or insignia represents an office which carries authority. The wearing of insignia. 180 Requires criminal intent. a colorable resemblance calculated to deceive the common run of people is sufficient. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony. There be a criminal proceeding. or to deny the same. the crime is not committed. 179 The wearing of a uniform. or insignia of a non-existing office or establishment is not a crime.Illegal use of uniform or insignia262 a. 81 . c. 493. b. The insignia. badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. e. c. dignity. respect. So also. or to alter essentially the truth. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. no crime is committed. uniform or dress is used publicly and improperly. False testimony defendant263 against a a. an exact imitation of a uniform or dress is unnecessary.

In favor of the defendant. 183 2 ways of committing perjury: a. If he merely denies the commission of the offense. A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction 82 . he is not liable. In a criminal case. c. False testimony in civil cases265 a. 181 False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgment is not necessary). the crime committed is false testimony. In perjury. 265 Art. b. 182 Not applicable when testimony given in a special proceeding (in this case. e. c. The testimony must be malicious and given with an intent to affect the issues presented in the said case False testimony in other cases and An accused made a statement under oath or made perjury in solemn affirmation266 an affidavit upon a material matter. A person gives false testimony.False testimony in favor defendant in a criminal case264 of a. the crime is perjury) 266 Art. 264 Art. The false testimony must be given by the defendant knowing the same to be false. The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. The testimony must be given in a civil case. it is not required that the offender asserts a falsehood on a material matter. by making a false statement False testimony vs. d. the crime committed is perjury. The testimony must be false. by falsely testifying under oath b. Perjury: When one testifies falsely before the court. If one testifies falsely in a non-judicial proceeding. b. In false testimony. The testimony must relate to the issues presented in said case. the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. It is enough that he testifies falsely with deliberate intent.

So if the offeror. it is sufficient If there is no requirement of law to place the statement or testimony under oath. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. Since admittedly perjury can only be committed by means of dolo. as long as it is made for a legal purpose. the person offering the false testimony must have nothing to do in the making of the false testimony.a. or 183 as the case may be. In that statement or affidavit. even if the allegations are false. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. Article 184 will not apply. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property. or an affidavit of good moral character to take the bar examination. there is no perjury committed through reckless imprudence or simple negligence under Article 365. Offering false evidence267 testimony in a. 83 . The applicable article will be Article 180. The mere offer is sufficient. The proceedings are either judicial or official. The sworn statement or affidavit containing the falsity is required by law. then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. the accused made a willful and deliberate assertion of a falsehood. authorized to receive and administer oath. is also the person responsible in inducing or convincing the false witness to lie. In this case. which is the willful and corrupt assertion of a falsehood. 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P. the inducer as principal by inducement and the induced party as the principal by direct participation.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The statement or affidavit was made before a competent officer. So if the affidavit was made but the same is not required by law. there is no Perjury considering the phrases “oath in cases in which the law so requires” in Article 183. the crime of perjury is not committed. 184 The false witness need not be convicted of false testimony. Even if there is no law requiring the statement to be made under oath. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury. People. 181. There is a formal offer of testimonial evidence in the proceedings. knowing the testimony is given by the witness to be false. The witness is able to testify and the offender. The false testimony is not in a judicial proceeding 267 Art. aside from being such. The offenders in this case will be charged with perjury. (Diaz vs. 182. There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. nevertheless offers the same in evidence. and c. b. Offender offered in evidence a false witness or false testimony. Bella David).

food substance b. Entering into any contract or agreement or competition in the market taking part in any conspiracy or combination in the form of a trust or otherwise. produced. b. b. assembled or imported into the Phil Aggravated if items are: a. By monopolizing any merchandise or object of trade or commerce. it is a crime defined and punished under the Revised Penal Code. c. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. processed. Machinations in public auction268 a. d. 185 269 Art. (People vs. Accused solicited any gift or a promise from any of the bidders. Combination to prevent free a. 66 Phil. 365) 268 Art. testifies falsely. 2. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer.b. or by combining with any other person or persons to monopolize said merchandise or object. Accused had the intent to cause the reduction of the price of the thing auctioned. There be a public auction. Nevertheless. He knew the witness or the testimony was false. Padol. is perjury. c. goods of prime necessity 84 . In restraint of trade or commerce or to prevent by artificial means free competition in the market. 186 The purpose is: a. to make transactions prejudicial to lawful commerce b. Such gifts or promise was the consideration for his refraining from taking part in that public auction. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or a. to increase the market price of any merchandise or object of commerce manufactured. The offer was made in a judicial or official proceeding. Monopolies and combinations in restraint of trade269 1. motor fuel or lubricants c.

processed. director/manager – who willingly permitted or failed to prevent commission of above offense 272 Art. Offender imports. Therefore.270 c. b. producer c. 187 To be criminally liable. b. competition in the market. dishonesty is an essential element of the crime. agreeing with another person Also liable as principals: a. processor d. agent/representative c. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed. or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. conspires or agrees with any person. In order to alter the prices thereof by spreading artificial means free false rumors or making use of any other artifice. manufacturer b. conspiring c. silver. The stamps. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured. Hence. sells or disposes of any of those articles or merchandise. Importation and disposition of falsely marked articles or merchandise made of gold. It is not necessary that there be actual restraint of trade Person/s liable: a. or other precious metals or their alloys272 270 271 It is enough that initial steps are taken.271 a. importer Crime is committed by: a. combining b. Manufacturer. Combines.otherwise. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. processor or importer of any merchandise or object of commerce. it must be shown that the seller knows that the merchandise is misbranded. corporation/association b. it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. To restrain free competition in the market. c. Manufacturer. What the law punishes herein is the selling of misbranded goods made of gold. the existence of such fact may be seriously considered as a defense. brands. Monopoly to restrain free competition in the market 4. producer or processor or importer combining. in restraint of trade or commerce or prevent by b. 85 . assembled or imported into the Philippines a. producer. 3. silver and other precious metals. produced.

prior to the appointed time for the public opening of Bids or other documents. Offender knows that the said stamp.A. The New Public Bidding Law 273 1) Prohibited acts (a) Public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day. Delaying. evaluation and post evaluation of bids.The Head of the Agency reserves the right to reject any and all Bids. but not more than fifteen (15) years: 1. or if the collusion is between or among the bidders themselves. 2. Failure to comply with the aforementioned 86 . Open any sealed Bid. and awarding of contracts beyond the prescribed periods of Bids or other documents. or not award the contract in the following situations: a. brand. the screening for eligibility. . b. or c. 5. If the BAC is found to have failed in following the prescribed bidding procedures. suppresses or nullifies or tends to restrict. . 273 274 R. suppress or nullify competition.c. opening of bids. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder. or between the BAC and any of the bidders. a. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41274 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47 275 of this Act. Splitting of contracts which exceed procedural purchase limits and competitive bidding. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR. all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. or mark fails to indicate the actual fineness or quality of the metals or alloys. including any act which restricts.In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act. 9184 Reservation Clause. without justifiable cause. 275 Disclosure of Relations. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity. declare a failure of bidding. including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents. 3. or between a bidder and a third party. 4.

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

3. radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice. without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. Anti-Alias Law277 1) Punishable acts No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry or with which he was baptized for the first time. (d) When the bidder is a juridical entity. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents. preparatory to the final award of the contract. 1. officers or employees who actually commit any of the foregoing acts. 279 There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth … [for the use of alias to] fall within the prohibition contained in C.A. This shall include the non-submission of requirements such as. C. with which he was registered in the bureau of immigration upon entry. or such substitute name as may have been authorized by a competent court. 65. criminal liability and the accessory penalties shall be imposed on its directors. 142 278 Sec. or to accept and award. 279 2) Exception As a pseudonym solely for literary. unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register. Withdraw a Bid. in order to influence the outcome of the public bidding. 276 277 Sec.278 The act of using an alias name. cinema. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. or in case of an alien. but not limited to. after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid.2. 4.276 b. television. performance security.A. No. 142 as amended (Ursua case) 88 .

The Comprehensive Dangerous Drugs Act of 2002280 i) Punishable acts 1. 12 289 Sec. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals 285 6. Instrument. 5 283 Sec. Possession of Equipment. Delivery.5. Trading. Sale.281 2. Instrument. 4 282 Sec. Social Gatherings or Meetings 289. 9 286 Sec. Possession of Dangerous Drugs During Parties.288 9. 11 288 Sec. 6 284 Sec. Possession of Equipment. 14 89 . Apparatus and Other Paraphernalia for Dangerous Drugs. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Social Gatherings or Meetings. Use of Dangerous Drugs. 10.A. 10 287 Sec.291 280 281 R. Dispensation. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 13 290 Sec. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. 8 285 Sec. 9165 Sec. Instrument. Apparatus.282 3. Maintenance of a Den. Possession of Dangerous Drugs287 8. Dive or Resort.286 7. Administration.283 4. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Manufacture or Delivery of Equipment.284 5.290 11. Crimes Relative to Opium and other Prohibited Drugs a.

Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 15 Sec.293 13. Unlawful Prescription of Dangerous Drugs. distribute dispatch in transit or transport any dangerous drug. unless authorized under this Act. dispatch in transit or transport any controlled precursor and essential chemical. shall import or bring into the Philippines any dangerous drug. who.292 13. 17 294 Sec. decorative and culinary purposes. 19 90 . 16 293 Sec. regardless of the quantity and purity involved. who. or shall act as a broker in such transactions. including any and all species of opium poppy regardless of the quantity and purity involved. trade. unless authorized by law. Any person. Any person. the Any person. who. administer. shall sell. who acts as a "protector/coddler" of any violator of the provisions under this Section. unless authorized by law. who organizes. manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person. unless authorized by law. 295 ii) Who are liable With respect to No. deliver. unless authorized by law. dispense. or shall act as a broker in any of such transactions. deliver. diplomatic passport shall be confiscated and canceled. Any person. diplomatic facilities or any other means official status intended to facilitate the unlawful entry of the same. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. trade. Any person. Any person. give away to another. 291 292 Sec. shall sell. who. 18 295 Sec. who. administer. 1. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.294 14. dispense. give away to another. shall import Philippines any dangerous drug and/or controlled precursor and essential the use of a diplomatic passport. 2. Unnecessary Prescription of Dangerous Drugs. distribute. or bring into the chemical through involving his/her In addition.12. shall import any controlled precursor and essential chemical.

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

11. ingesting. wholesaler. shall possess or have under his/her control any equipment. importer. dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40297 of this Act. Any person. opium poppy or any other plant regardless of quantity. administering. cultivate or culture marijuana. who is found to be positive for use of any dangerous drug. who. regardless of the degree of purity thereof: 8. manufacturer. or in the proximate company of at least two (2) persons. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. Any person. which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person. ingesting. 13. who. 14. 10. social gatherings or meetings. or introducing any dangerous drug into the body: 9. unless authorized by law. A person apprehended or arrested. 12.7. who shall possess or have under his/her control any equipment. injecting. consuming. injecting. Any person. who. after a confirmatory test. instrument. consuming. Any person found possessing any dangerous drug during a party. who shall plant. during parties. apparatus and other paraphernalia fit or intended for smoking. unless authorized by law. Any practitioner. shall possess any dangerous drug in the quantities mentioned. 296 297 Program for Treatment and Rehabilitation of Drug Dependents Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals 92 . or introducing any dangerous drug into the body. Any person. … subject to the provisions of Article VIII296 of this Act. or in the proximate company of at least two (2) persons. or at a social gathering or meeting. administering. distributor. instrument. who organizes. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person. Any person. apparatus and other paraphernalia fit or intended for smoking. who acts as a "protector/coddler" of any violator of the provisions under this Section. unless authorized by law.

dispensation. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. and 298 299 Sec.299 Article II of this Act. effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical. id. and 16. Conditions: (1) The information and testimony are necessary for the conviction of the persons described above. who voluntarily gives information about any violation of Sections 4. 14. form. (b) Sale. (2) Such information and testimony are not yet in the possession of the State. 13. dive or resort where any dangerous drug is used in any (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical. and who willingly testifies against such persons as described above. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. and may plead or prove the giving of such information and testimony in bar of such prosecution.300 Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. delivery. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. (c) Maintenance of a den.iii) Attempt or conspiracy. trading. and 19. 93 . 12. 15. 300 id. identities and arrest of all or any of the members thereof. administration. 8. 298 (iv) Immunity from prosecution and punishment Any person who has violated Sections 7. 6. 26. 5. and (e) Cultivation or culture of plants which are sources of dangerous drugs. or any information leading to the whereabouts. 11. 10. (3) Such information and testimony can be corroborated on its material points.

lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided. 33 94 . reduced into writing. Provided. finally. further. any condition or undertaking.301 301 Sec.(5) The informant or witness shall strictly and faithfully comply without delay. That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.

it is sufficient if in public place. social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. 303 The public view is not required. Editors publishing such obscene literature d. Crimes Against Public Morals Crimes Grave scandal302 Elements/Persons liable Offender performs an act a. good taste etc Customs: refers to established usage. 304 Art. obscene a. Highly scandalous as offending against decency or good customs b. Art 200 is not applicable The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element 95 . published with their knowledge in any form c. Highly scandalous conduct does not expressly fall within any other article of the RPC c.6. They are committed publicly and thus. Committed in a public place or within the public knowledge or view. Owners or operators of establishments selling obscene literature 302 Art. For public knowledge. give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty. the number of people who sees it is not material). 200 Grave scandal: consists of acts which are offensive to decency and good customs. Authors of obscene literature. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences.303 Immoral doctrines. Those who publicly expound or proclaim doctrines publications and exhibitions304 that are contrary to public morals b. it may occur even in a private place.

202 may include even the rich 307 if a man indulges in the same conduct: vagrancy 96 . fairs. Those who sell. Ruffians or pimps and those who habitually associate with prostitutes306 f. Persons tramping or wandering around the country or the streets with no visible means of support d. Prostitutes305 Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit 307 305 306 Art. Persons found loitering in inhabited or uninhabited places belonging to others. Those who exhibit indecent or immoral plays. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. or exhibit prints.e. Idle or dissolute persons lodging in houses of illfame e. acts or shows ion theaters. scenes. without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. engraving. Persons found loitering around public and semipublic places without visible means of support and c. sculptures or literature which are offensive to morals Vagrants a. cinemas or any other place f. distribute.

Takes part in the performance of public functions in the Government. 205 Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice 97 . Due to inexcusable negligence or ignorance 308 Art. Judgment is manifestly unjust d. temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed Malfeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done 309 Art. 203 Public officer a. Offender is a judge b. agent or subordinate official in the gov’t or any of its branches. Renders a judgment in the case submitted to him for judgment c. It is not presumed Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). or both An unjust judgment may result from: error (with bad faith) ill-will or revenge bribery There must be evidence that the decision rendered is unjust. Renders a judgment in a case submitted to him for decision c.7. Offender is a judge judgment309 b. Public officers: embraces every public servant from the lowest to the highest rank A government laborer is not a public officer. Knowledge that the decision is unjust Judgment rendered negligence310 through a. Crimes Committed by Public Officers 308 Crimes Elements/Persons liable Knowingly rendering an unjust a. 310 Art. Performs public duties as an employee. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding Unjust judgment: one which is contrary to law. Judgment is unjust d. or not supported by the evidence. or b. However.

Offender is a public officer or officer of the law who has a duty to cause the prosecution of. Dereliction of duty in prosecution of offenses313 the a. knowingly renders order or decree. Offender is a judge. knowing the commission of the crime. b. that is. Offender acts with malice and deliberate intent to 311 Art. He delays the administration of justice. There is dereliction of the duties of his office 314 c. Note however.Unjust interlocutory order 311 a. he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 98 . 208 Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. or assists in the escape of an offender. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. It is not a final determination of the issues of the action or proceeding 312 Art. or unjust interlocutory 2. or to prosecute offenses. conceals. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. He is not an accessory Article not applicable to revenue officers 314 that is. Offender is a judge. There is a proceeding in his court. d. 207 Mere delay without malice is not punishable 313 Art. he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed. c. b. Malicious delay in administration or justice312 the a. The delay is malicious. b. He performs any of the following acts: 1. that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors.

he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses. appraisal and claim commissioners. 319 Art. prejudice is essential 317 damage not necessary 318 id. This is not necessary in prevaricacion 320 supra 99 . Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent. if the offer is not accepted. voluntarily offered by a private person b. 209. Not necessarily a public officer although all lawyers are officers of the court. Offender be a public officer within the scope of Art 203. Revealing any of the secrets of his client learned by him in his professional capacity317 c. temporary performance of public functions is sufficient to constitute a person a public officer. b. 210 For purposes of this article. It could be in the form of money. Betrayal of trust by an attorney or a. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors. arbitrators.favor the violator of the law.318 Direct bribery319 a. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. by any malicious breach of professional duty. An accepted offer or promise of a gift is sufficient. experts or any other person performing public duties Cannot be frustrated. Causing damage to client316 either solicitor315 1. property or services If the act required of the public officer amounts to a crime and he commits it. However. only attempted or consummated. In direct bribery however. solicited by the public officer and voluntarily delivered by the private person c.320 315 316 Art. or 2. by inexcusable negligence or ignorance. Bribery exists when the gift is: a. both consisting of omissions to do an act required to be performed. a gift or promise is given in consideration of the omission. only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation.

The act which the offender agrees to perform or which he executes be connected with the performance of his official duties Indirect bribery324 a. d. He accepts gifts. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion. In the latter case.b. b. to refrain from doing something which is his official duty to do. Public officer entrusted with law enforcement 321 322 mere agreement consummates the crime delivery of consideration is not necessary 323 delivery of consideration is necessary 324 Art. Qualified bribery325 a. Offender accepts an offer or promise or receives a gift or present by himself or through another c. 211-A 100 . but the act must be unjust. Offender is a public officer. including Christmas are liable under PD 46.323 or 3. with a view to committing some crime322 or 2. it is not necessary that the officer do any act. 211 The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. c. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 325 Art. circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former. Such offer or promise be accepted or gift/present received by the public officer321 1. Said gifts are offered to him by reason of his office. Mere physical receipt unaccompanied by any other sign. in consideration of an execution if an act which does not constitute a crime.

D. He should have taken advantage of his office. 212 The offender is the giver of the gift or the offeror of the promise. c. or (c) the adjustment or settlement of account relating to a public property or funds. under circumstances that will make the public officer liable for direct bribery or indirect bribery Frauds against public treasury328 a. par. b.b. the information and testimony are not yet in the possession of the State d. information refers to consummated violations b. 213. b. promise or gift Corruption of public officials327 a. Offender makes offers or promises or gives gifts or present to a public officer. 326 327 if lower penalty than stated. Offender is a public officer. that is. necessity of the information or testimony c. the crime is direct bribery Art. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death326 c. He offers or promises are made or the gifts or presents given to a public officer. informant has been previously convicted of a crime involving moral turpitude 328 Art. information and testimony can be corroborated on its material points e. he intervened in the transaction in his official capacity. In consideration of any offer. d. 1 Notes: a. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government 101 . The public officer must act in his official capacity b. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. 749. Accused had intent to defraud the government. The act may or may not be accomplished Under P.

331 Prohibited transactions332 a. He commits any of the frauds or deceits enumerated in Arts. licenses. The essence is the improper collection (damage to gov’t is not required) If sums are received without demanding the same. the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law 330 Art. regularly buying securities for resale is speculation 102 . Offender is a public officer entrusted with the collection of taxes. by way of payment or otherwise. as provided by law. or 2. if the sum is given as a sort of gift or gratification. commodities. c. b. demanding. directly or indirectly the payment of sums different from or larger than those authorized by law. Collecting or receiving. or 3. b. land etc. directly or indirectly. 215 Examples of transactions of exchange or speculation are: buying and selling stocks. a felony under this article is not committed. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 331 estafa. He takes advantage of his official position. 329 Mere demand of a larger or different amount is sufficient to consummate the crime. fees and other imposts. Offender is a public officer. swindling 332 Art. However. Offender is an appointive public officer.Illegal exactions329 a. Other frauds330 a. He is guilty of any of the following acts or omissions: 1. However. failing voluntarily to issue a receipt. for any sum of money collected by him officially. things or objects of a nature different from that provided by law. 315 and 316. wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. the crime is indirect bribery When there is deceit in demanding larger fees.

the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence. He becomes interested in the transaction during his incumbency. b. what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. provincial or municipal funds. c. He becomes interested. he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. directly or indirectly. Experts. in any transaction of exchange or speculation. when they are in conspiracy with public officers. Otherwise. Guardians and executors – with respect to property belonging to their wards or the estate. his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. when they have charge of national. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents 334 Article 217 Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer. lack of criminal intent or good faith is a defense 103 . distribution or adjudication of which they had acted. Possession of prohibited interests a.b. Malversation of public funds or a. The transaction takes place within the territory subject to his jurisdiction. Public officer – in any contract or business in by a public officer333 which it is his official duty to intervene. 216 Actual fraud is not necessary. Offender be a public officer335 property334 333 Art. the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government. revenues or property in any capacity In malversation through negligence. c. and b. or the obligation to account for them.

His being remiss in the duty of safekeeping public funds violates the trust reposed 339 Art. Offender is a public officer. or to a provincial auditor. He: 1. the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements 335 or private person if entrusted with public funds or connived with public officers 336 If not accountable for the funds. However. through abandonment or negligence. shall be prima facie evidence that he has put such missing funds or property to personal use. 218 Demand and misappropriation are not necessary 104 . He must be an accountable officer for public funds property. the presumption does not arise Returning the embezzled funds is not exempting. He fails to do so for a period of two months after such accounts should be rendered.338 Failure of accountable officer to a. by any authorized officer. Took or misappropriated them 3. Consented or. He is required by law or regulation to render accounts to the commission on audit. deposited or commingled with public funds 338 It is not necessary that the offender profited thereby. the accountable officer is notified. seized. The failure of a public officer to have any duly forthcoming public funds or property upon demand. theft or qualified theft 337 Even if private funds if attached. He had the custody or control of funds or property336 c. b. permitted any other person to take such public funds or property. Those funds or property were public funds or property337 d. c. whether in the service render accounts339 or separated therefrom. if at the very moment when the shortage is discovered. it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later.b. Appropriated the funds or property 2. and he immediately pays the amount from his pocket. c.

or property 2. property341 b. c. the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 342 or be on the point of leaving 343 without this. c. even if owned by a private individual 105 . He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance Failure to make delivery of public a. make payment from such funds 340 Art. have charge of any national. the offender does not derive any personal gain. Offender has gov’t funds or property in his funds or property344 possession b. 221 Penalty is based on value of funds/property to be delivered Persons who may be held liable under arts 217 to 221: 1. provincial or municipal funds. it is simple malversation even if applied to other public purpose. in any capacity. He must be an accountable officer for public funds or property. officer to render accounts before leaving the country340 b. He must have unlawfully left342 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. Private individual who. Offender is a public officer. There is public fund or property under his administration. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 341 Art. Administrator or depositary of funds or property that has been attached. Such public fund or property has been appropriated by law or ordinance343 d. revenue.Failure of a responsible public a. To distinguish this article with Art 217. Offender is a public officer. Technical malversation. 344 Art. Illegal use of public funds or a. seized or deposited by public authority. He is under obligation to either: 1. just remember that in illegal use of public funds or property. 220.

He is charged with the conveyance or custody of a prisoner. He maliciously fails or refuses to do so Conniving with or consenting to a. c. 223 Detention prisoner: refers to a person in legal custody. evasion345 b. if he is a detention prisoner. 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a.347 Escape of prisoners under the a. Such prisoner escapes through his negligence. He was in connivance with the prisoner in the latter’s escape Evasion through negligence346 a. Offender is a private person349 custody of a person not a public officer348 b. to deliver property in his custody or administration when ordered by competent authority c. He is charged with the conveyance or custody of a prisoner. Offender is a public officer (on duty). if he is a prisoner by final judgment. he does not incur criminal liability (unless cooperating with the offender) 347 Penalty based on nature of imprisonment 106 . c. either detention prisoner or prisoner by final judgment. arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment 346 Art. either detention prisoner or prisoner by final judgment. Such prisoner escaped from his custody d. The conveyance or custody of a prisoner or 345 Art. Offender is a public officer.2. he is liable for evasion of service (art 157) b. b.

Offender consents to the escape of the prisoner or person under arrest. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents 351 Art. to profit by it c. are not documents “Papers” would include checks. Officer breaking seal351 348 a. d. d. He abstracts. c. to a third party or to the public interest should have been caused.person under arrest is confined to him. There is illicit purpose when the intention of the offender is to: a. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. destruction of documents350 or a. Damage. b. destroys or conceals a document or paper. Said document or paper should have been entrusted to such public officer by reason of his office. Offender is a public officer. whether serious or not. tamper with it b. concealment. The prisoner or person under arrest escapes. periodicals. 227 It is the breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 349 must be on duty 350 Art. pamphlets etc. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books. Offender be a public officer. or that the escape takes place through his negligence Removal. promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. damage is presumed 107 . Art. c.

documents or objects. 228 Damage also not necessary 353 Art. c. He reveals such secret without authority or justifiable reasons. c. He is charged with the custody of papers or property. Damage. 229 Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article. b.b. great or small. He knows of a secret by reason of his official capacity. capacity b. Opening of closed documents352 a. d. If regarding military secrets or secrets affecting state security. He does not have proper authority. c. 352 Art. Any closed papers. or objects are entrusted to his custody. d. Revelation of secret by an officer353 1. documents. These papers or property are sealed by proper authority. Offender is a public officer. be caused to the public interest. He opens or permits to be opened said closed papers. Offender is a public officer. He breaks the seals or permits them to be broken. the crime may be espionage 108 . By reason of his official a.

On the other hand. If he is merely entrusted with the papers and not with the custody thereof. f. c. and the public officer having charge thereof removes and delivers them wrongfully to a third person. Delivering wrongfully papers a. Offender is a public officer. be published: c. if the papers do not contain secrets. c. e. He has charge of papers. d. There is a judgment. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 109 . he is not liable under this article If the papers contain secrets which should not be published. decision or order of superior authority. Open disobedience356 a. Such judgment. Damage be caused to public interest. or copies of papers of which he may have charge354 and which should not b. b. 230 Revelation to one person is sufficient If the offender is an attorney. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. the crime is revelation of secrets. Public officer revealing secrets of a. Offender is a judicial or executive officer. Offender is a public officer private individual355 b. He delivers those papers or copies thereof to a third person. Offender without any legal justification openly 354 “Charge”: means custody or control. He reveals such secrets without authority or justification reason. their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed 355 Art. He knows of the secret of a private individual by reason of his office. he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 356 Art. The delivery is wrongful.2. Those papers should not be published. d.

c. 357 Art. Offender fails to do so maliciously. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 110 . officer when said order was suspended by inferior officer357 b. e. Offender disobeys his superior despite the disapproval of the suspension Refusal of assistance358 a. His superior disapproves the suspension of the execution of the order. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 359 Art. decision or under which he is duty bound to obey. Refusal office359 to discharge elective a. Offender is a public officer. c. He refuses to be sworn in or discharge the duties of said office. Offender is a public officer. An order is issued by his superior for execution. b. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. Disobedience to order of superior a. Offender is elected by popular election to a public office.refuses to execute the said judgment. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. d. He has for any reason suspended the execution of such order. 232 A public officer is not liable if the order of the superior is illegal 358 Art. c. b.

or 2. Offender is a public officer or employee. by the imposition of punishments not authorized by the regulations./or given the bond required by law. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. He has not taken his oath of office and. b. Anticipation of duties of a public a.Maltreatment of prisoners360 a. the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused 361 otherwise the crime is physical injuries 362 those authorized 363 Art. He has under charge a prisoner or detention prisoner361 c. Prolonging performance of duties a. d. Offender is holding a public office. 237 111 . by inflicting such punishments362 in a cruel and humiliating manner. and powers364 360 Art. c. b. either by election or appointment. The law requires that he should first be sworn in and/or should first give a bond. Offender is entitled to hold a public office or office363 employment. He maltreats such prisoner in either of the following manners: 1. or ii. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. 236 364 Art. He assumes the performance of the duties and powers of such office.

238 There is actual abandonment through resignation to evade the discharge of duties There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing. Usurpation of legislative powers366 a. Usurpation functions367 of executive a. He continues to exercise the duties and powers of such office. regulations or special provisions for holding such office has already expired. Abandonment position365 of office or a. attempts to repeal a law or 3. prosecuting or punishing any of the crimes against national security. 239 367 Art. 366 Art. 240 Legislative officers are not liable for usurpation of executive functions 112 . b. He abandons his office to the detriment of the public service. Offender is a judge. He formally resigns from his position. The article contemplates officers who have been suspended.b. suspends the execution thereof. b. The period provided by law. Offender is a public officer. His resignation has not yet been accepted. makes general rules or regulations beyond the scope of his authority or 2. Dereliction of Duty . c. separated or declared over-aged or dismissed 365 Art. c. He 1. The penalty is higher. Offender is an executive or judicial officer.public officer does not abandon his office but merely fails to prosecute a violation of the law. d.

executive officer to any judicial authority370 b. obstructs executive authorities in the lawful exercise of their powers. A proceeding is pending before such public officer. or 2. Offender is an officer of the executive branch of the government. He 1. e. Offender is a public officer. He continues the proceeding. 242 370 Art. There is a question brought before the proper authority regarding his jurisdiction. He 1.b. Addressing orders or requests by a. obstruct the execution of any order decision rendered by any judge within his jurisdiction. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality 369 Art. He has been lawfully required to refrain from continuing the proceeding. or 2. He addresses any order or suggestion to any judicial authority. b. 243 Legislative or judicial officers are not liable under this article 113 . d. Usurpation of judicial functions368 a. Disobeying request 369 disqualification for a. b. 368 Art. assumes a power pertaining to the executive authorities. Offender is an executive officer. assumes judicial powers. which is not yet decided. c.

Such woman must be – 1. or 2. Unlawful appointments371 a. the wife. 245 The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse 114 . d. Offender is a public officer. Abuses against chastity372 a. c. Offender is a public officer. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. 244 Recommending. b. interested in matters pending before the offender for decision. sister or relative within the same degree by affinity of the person in the custody of the offender. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest. or with respect to which he is required to submit a report to or consult with a superior officer. b.c. Such person lacks the legal qualification therefor. or 3. daughter. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office 372 Art. c. 371 Art. He solicits or makes immoral or indecent advances to a woman. He nominates or appoints a person to a public office.

share. in consideration for the held given or to be given. present. including the Government. 4. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. Anti-Graft and Corrupt Practices Act 373 i) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. or will secure or obtain. Directly. present. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. after due demand or request. or influenced to commit such violation or offense. Any public officer who shall perform any of the following acts: 1. percentage. 373 R. 3019. has secured or obtained. or other pecuniary or material benefit. 2. ii) Punishable acts a. any Government permit or license. Persuading. administrative or judicial function through manifest partiality. from any person interested in the matter some pecuniary or material benefit or advantage. as amended 115 .a. or indirectly requesting or receiving any gift. 3.A. advantage. Neglecting or refusing. from any person for whom the public officer. 5. induced. for himself or for another. or giving any private party any unwarranted benefits. or preference in the discharge of his official. Causing any undue injury to any party. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. without sufficient justification. 6. Directly or indirectly requesting or receiving any gift. or allowing himself to be persuaded. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. in any manner of capacity. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly.

8. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 9. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 10. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 11. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 12. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. b. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene.374 c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).375 d. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t.376

374 375

Sec. 4 ibid. 376 Sec. 5

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iii) Exceptions 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same line of business; 2. Any transaction, contract or application already existing or pending at the time of such assumption of public office; 3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed an official capacity or in the exercise of a profession. 5. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. 6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office.377 7. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage.378

377 378

Sec. 7 Sec. 14

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b. Anti-Plunder Act379 i) Definition of terms Public Officer Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. Includes the National Government, and any of its subdivisions, agencies or instrumentalities, including governmentowned or -controlled corporations and their subsidiaries. Includes any natural or juridical person, unless the context indicates otherwise.380 ii) Ill-gotten wealth Any asset, property, business enterprise or material possession of any person within the purview of Section Two (2)381 hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking;
379 380

Government

Person

R.A. 7080, as amended Sec. 1 (a-c) 381 infra

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5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or 6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. 382 iii) Plunder Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d)383 hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State. 384 iv) Series / Combination385 v) Pattern For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.386

382 383

Sec. 1 (d) supra 384 Sec. 2, as amended by R.A. 7659. 385 see Plunder, supra 386 Sec. 4.

119

emergency. if the detained person has not been convicted and sentenced in a final judgment of a competent court. social or other funds of the Office of the President. 120 . or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six months of imprisonment. Human Security Act of 2007387 i) Failure to deliver suspect to proper judicial authority 388 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested. 387 388 R. If the deductions are less than the amounts due to the detained persons. misconduct. ii) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act. detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days. 389 Sec.389 iii) False prosecution Upon acquittal.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. and (b) six years and one day to twelve (12) years of imprisonment. the amount needed to complete the compensation shall be taken from the current appropriations for intelligence. Any officer.000. 9372 Sec.c. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. employee. 20. if the detained person has already been convicted and sentenced in a final judgment of a competent court.A. personnel. 44. or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment. It shall also be released within fifteen (15) days from the date of the acquittal of the accused.

In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned. the amount shall be automatically included in the appropriations of the said agency for the coming year.390 390 Sec. 50 121 .

or a legitimate other ascendant or other descendant. pursuit and the killing must all form parts of one continuous act The killing must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted. in case third persons caught in the crossfire suffer physical injuries. c. or child. or the legitimate spouse of the accused. the father. Moreover. However. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony 393 the latter must be under 18 and living with them 122 . mother or child may be legitimate or illegitimate The child should not be less than 3 days old. the accused is not liable. The deceased is the father. Otherwise. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 391 Art. the offense is infanticide Relationship must be alleged A stranger who cooperates in committing parricide is liable for murder or homicide Even if the offender did not know that the person he had killed is his son. A person is killed.8. Death or physical injuries under a. On the other hand. escape. Crimes Against Persons Crimes Parricide391 Elements/Requisites a. 246 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term “ascendants” or “descendants” The other ascendant or descendant must be legitimate. The deceased is killed by the accused. it is enough that circumstances reasonably show that the carnal act is being committed or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery. b. mother. 247 Article does not define or penalize a felony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. whether legitimate or illegitimate. A legally married person or parent surprises his exceptional circumstances392 spouse or daughter393 in the act of committing sexual intercourse with another person b. he is still liable for parricide because the law does not require knowledge of the relationship 392 Art.

it would be attempted or frustrated murder Murder will exist with only one of the circumstances. derailment or assault upon a street car or locomotive. with the aid or armed men. by means of inundation. Otherwise. The other circumstances are absorbed or included in one qualifying circumstance. fire. The accused killed him. Otherwise. or of an earthquake. or employing means to weaken the defense or of means or persons to insure or afford impunity 2. A person was killed. on occasion of any of the calamities enumerated in the preceding paragraph. He has not promoted or facilitated the prostitution of his wife or daughter. by means of motor vehicles or with the use of any other means involving great waste or ruin 4. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 123 . with cruelty. fall of airship. eruption of a volcano. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse. Murder394 a.c. reward or promise 3. taking advantage of superior strength. The killing was attended by any of the following qualifying circumstances: 1. 394 Art. with treachery. b. shipwreck. in consideration of price. destructive cyclone. poison. or that he has not consented to the infidelity of the other spouse. The killing is not parricide or infanticide. c. epidemic or any other public calamity 5. 248 The victim must be killed in order to consummate the offense. 7. explosion. with evident premeditation 6. stranding of vessel.

person/s who inflicted serious physical injuries b. A person was killed. The accused had the intention to kill. It cannot be ascertained who actually killed the deceased. which is presumed. evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons. 395 Art. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. b. Hence. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 396 Art. or by that of parricide or infanticide. e. 251 Tumultuous affray exists hen at least 4 persons take part in it When there are 2 identified groups of men who assaulted each other. b. There be several persons. d. The killing was not attended by any of the qualifying circumstances of murder. d. each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element. all persons who used violence upon the person of the victim 124 . Someone was killed in the course of the affray. The accused killed him without any justifying circumstances. c. 249 Intent to kill is conclusively presumed when death resulted.Homicide395 a. there is no tumultuous affray Persons liable are: a. f. The person or persons who inflicted serious physical injuries or who used violence can be identified. Death in a tumultous affray396 a. even if they were not in conspiracy. c. These several persons quarreled and assaulted one another in a confused and tumultuous manner. if it is not known who inflicted serious physical injuries on the deceased.

the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. Lending his assistance to another to commit suicide to the extent of doing the killing himself. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. firing a gun against the house of the offended party at random. The person responsible therefor cannot be identified. On the other hand. Offender has no intention to kill that person. is not liable for abortion Assistance to suicide is different from mercy-killing. Assisting another to commit suicide. In this case. There is a tumultuous affray as referred to in the tumultous affray397 preceding article. not knowing in what part of the house the people were. 254 The offender must shoot at another with any firearm without intention of killing him. the fetus in her womb was expelled. All those who appear to have used violence upon the person of the offended party are known. b. the person does not want to die. A participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. If the firearm is not discharged at a person. whether the suicide is consummated or not b. 252 Art. the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party 125 . Discharge of firearms399 a. 397 398 Art. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 399 Art. it is only alarm under art 155. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying. c.Physical injuries inflicted in a a. Giving assistance to suicide398 a. Offender discharges a firearm against or at another person. b. d. Usually.

Unintentional abortion402 a. arts 256 and 257 does not apply 126 . As a result of the use of violence or drugs or beverages upon her. The violence is intentionally exerted. The abortion is intended. he shall suffer the penalty prescribed for parricide. if she is a prostitute. 256 402 Art. c. Violence is exerted. Violence is used upon such pregnant woman without intending an abortion. b. either in the womb or after having been expelled therefrom. the fetus dies. such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. or any other act of the accused. b. In either case. c. Intentional abortion401 a.Infanticide400 a. If the offender is any other person. A child was killed. or that the accused otherwise acts upon such pregnant woman. d. 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted. the proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. d. mother or legitimate ascendant. There is a pregnant woman. she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead. The accused killed the said child. the penalty is that for murder. 255 When the offender is the father. b. or although born alive it could not sustain an independent life when it was killed 401 Art. As a result of the violence that fetus dies. Hence. either in 400 Art. c. There is a pregnant woman. or drugs or beverages administered. The deceased child was less than three (3) days (72 hours) of age.

There is a pregnant woman who has suffered an physician or midwife and abortion. Offender. The abortion is caused by – 1. causes or assists in causing the abortion. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. b. d. The abortion is intended. c. Responsibility of participants in a. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However. This is not so for art 258 404 Art. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide. What is punished is the act of dispensing an abortive without the proper prescription. 260 Persons liable: 127 . who must be a physician or midwife. Abortion practiced woman herself or parents403 by by the a. c. the pregnant woman herself 2. There is a pregnant woman who has suffered an her abortion. Abortion practiced by a a.the womb or after having been expelled therefrom. any other person. any of her parents. Killing one’s adversary in a duel a duel405 403 Art. he is liable as an accomplice 405 Art. with her consent for the purpose of concealing her dishonor. or 3. Said physician or midwife takes advantage of his or her scientific knowledge or skill. with her consent. The abortion is intended. dispensing of abortives404 b.

Inflicting upon the adversary serious physical injuries c. i. Principals – person who killed or inflicted physical injuries upon his adversary. Inciting another to give or accept a challenge to a duel c. who make the selection of arms and fix all the other conditions of the fight If death results. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Mutilation407 a. mutilation of organs necessary for generation b.e. to deprive him of that part of the body In the first kind of mutilation. There be a castration i. lopping. Otherwise. Making a combat although no physical injuries have been inflicted Challenging to a duel406 a. clipping off any part of the body of the offended party. the penalty is the same as that for homicide 406 Art.e. Challenging another to a duel b. totally or partially. the castration must be made purposely. or both combatants in any other cases 2. 261 Persons liable: 1. of some essential organ for reproduction Intentionally making another mutilation. other than the essential organ for reproduction.b. 262 Kinds of Mutilation Intentionally mutilating another by depriving him. it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 128 . Challenger 2. Accomplices – as seconds Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side. Instigators 407 Art. Mutilation is caused purposely and deliberately 1.

Otherwise. not medical attendance In determining incapacity. It must be conspicuous and visible. loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Injured person becomes insane. impotent or blind b. it will be considered as serious physical injuries under par 3 Loss of use of hand or incapacity of usual work in par 2 must be permanent Par 2 refers to principal members of the body. Otherwise. Meanwhile. However. loses an eye. the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before 129 . Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4. all that is required is illness or incapacity. Injured person – 1. the illness of the offended party may be considered as lasting more than 30 days. the injured party must have an avocation at the time of the injury. a front tooth is considered as a member of the body. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. foot. Not curable by natural means or by nature. covers any other member which is not a principal part of the body. Loss of one incisor is not. imbecile. In this respect. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. 263 How Committed 1. Wounding 2. arm or leg 408 Art. Assaulting 4.Serious physical injuries408 a. Beating 3. not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days. a hand. if the scar is usually covered by a dress. other than a principal member Deformity: means physical ugliness. However. loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. permanent and definite abnormality. Thus. Par 3 on the other hand. loses the use of speech or the power to hear or to smell. it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. there must be evidence of the length of that period.

thus throwing of the acid in the face is not contemplated 411 Art. Circumstances qualifying the offense: a. guardians. when the victim is a person of rank or person in authority. curators or teachers d. Offender inflicted upon another person any substances or beverages410 serious physical injury b. becomes deformed 2. when the victim is either the offender’s parents. 265. when there is manifest intent to insult or offend the injured person b. ascendants. when there are circumstances adding ignominy to the offense c. It was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity c. provided the crime is not direct assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 130 . loses the use thereof 4. Injured person becomes ill or incapacitated for labor for more than 30 days.409 Administering injurious a. loses the use of any such member 3. He had no intent to kill.2. Less serious physical injuries411 409 410 a. 264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. Offended party is incapacitated for labor for 10 days or more.412 or needs medical attendance for the but not more than 90 days Art. Injured person – 1. becomes incapacitated for the work in which he had been habitually engaged b. loses any other member of his body 3.

Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance414 c. 266 414 ex. Incapacitated the offended party for labor from 19 days or required medical attendance during the same period b. Black-eye 415 ex. The physical injuries must not be those described in the preceding articles Slight physical injuries413 a. slapping but without causing dishonor 131 .same period of time b. Ill-treatment of another by deed without causing any injury415 412 413 but not more than 30 days Art.

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. business or activity or controlling the victim's own mon4ey or properties. or deliberately providing the woman's children insufficient financial support. 416 R. physical harm.a. or through intimidation directed against the woman or her child or her/his immediate family. (b) Threatening to cause the woman or her child physical harm. but not limited to. or properties. right. by force or threat of force. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. (c) Attempting to cause the woman or her child physical harm. occupation. physical or other harm or threat of physical or other harm. or intimidation directed against the woman or child. Anti-Violence against Women and their Children Act of 2004 416 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. (d) Placing the woman or her child in fear of imminent physical harm. (3) Depriving or threatening to deprive the woman or her child of a legal (4) Preventing the woman in engaging in any legitimate profession. 9262 132 .A. This shall include. or solely controlling the conjugal or common money. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force.

mechanical. including.417 b. or written combination thereof.(h) Engaging in purposeful. depicted or portrayed as a child as defined herein. the following acts: (1) Stalking or following the woman or her child in public or private places. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child. Also refers to: (1) a person regardless of age who is presented. public ridicule or humiliation to the woman or her child. by electronic. but not limited to. Anti-Child Pornography Law418 i) Definition of terms Child A person below eighteen (18) years of age or over. neglect. or reckless conduct. repeated verbal and emotional abuse. and (5) Engaging in any form of harassment or violence. This shall include. and denial of financial support or custody of minor children of access to the woman's child/children. knowing. 417 418 Sec. exploitation or discrimination because of a physical or mental disability or condition.A. but not be limited to. magnetic or any other means. of child engaged or involved in real or simulated explicit sexual activities. 9775 133 . digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein Child pornography Any representation. (2) Peering in the window or lingering outside the residence of the woman or her child. optical. cruelty. 5. personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. R. digital. and (2) computer-generated. but is unable to fully take care of himself/herself from abuse. audio. whether visual. (i) Causing mental or emotional anguish.

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

sell. cubicles. or broadcast: Provided. promote. distribute. (g) For a parent. publish or broadcast. advertise. cinemas.419 ii) Unlawful or punishable acts Pandering Person (a) To hire. (d) To possess any form of child pornography with the intent to sell. The act of offering. manufacture or create any form of child pornography. by themselves or in cooperation with other entities. by means of a computer system. dens. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell. houses or in establishments purporting to be a legitimate business. employ. (e) To knowingly. distribute. participate or assist in any form of child pornography. transmit.(2) Bestiality.Luring The act of communicating. induce or coerce a child to perform in the creation or production of any form of child pornography. publish. 419 Sec. but not limited to. regardless of the actual content of the material or purported material. (b) To produce. with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. 3. 135 . representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography. use. broadcast. legal guardian or person having custody or control of a child to knowingly permit the child to engage. to distribute any form of child pornography. persuade. export or import any form of child pornography. distribute. advertising. (f) For film distributors. theaters and telecommunication companies. willfully and intentionally provide a venue for the commission of prohibited acts as. direct. Any natural or juridical entity. private rooms. (c) To publish offer. promoting.

sorority or organization by placing the recruit. and (l) To possess any form of child pornography. Anti-Hazing Law421 i) Hazing a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity. (i) To engage in pandering of any form of child pornography. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it. R. 136 .420 c. 4. 423 ii) Who are liable The officers and members of the fraternity. 2 424 Sec. (j) To willfully access any form of child pornography. when he has actual knowledge of the hazing conducted therein but failed to take any action 420 421 Sec. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. 1.A. shall include the names of those to be subjected to such activities.422 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity. (k) To conspire to commit any of the prohibited acts stated in this section. 4. 424 The owner of the place where hazing is conducted shall be liable as an accomplice. foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. silly. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days. 423 Sec. sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. 8049 422 Sec.(h) To engage in the luring or grooming of a child.

2. or organization. 4. group. 3. The officers. an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. a foot. the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. 137 . sodomy or mutilation results there from.to prevent the same from occurring. group. fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. If death. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof.425 iii) Punishable acts 1. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. 425 Ibid. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. rape. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. former officers. or shall have lost the use thereof. or shall have lost an eye. impotent or blind. a hand. If the hazing is held in the home of one of the officers or members of the fraternity. or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. This section shall apply to the president. or alumni of the organization. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. manager. imbecile. If in consequence of the hazing the victim shall become insane.

If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days. to the proper school authorities. military or citizen's army training organization.426 426 Ibid. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians.5. (b) when the recruit. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. threat. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. threat or intimidation. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. 7. violence. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. 8. or to the police authorities. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. or that the injury sustained shall require medical assistance for the same period. (d) when the hazing is committed outside of the school or institution. through force. is prevented from quitting. violence. 6. (c) when the recruit. or that the injury sustained shall require medical assistance for the same period. intimidation or deceit on the person of the recruit who refuses to join. 138 . The responsible officials of the school or of the police. or (e) when the victim is below twelve (12) years of age at the time of the hazing. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more.

exploitation or discrimination because of a physical or mental disability or condition. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. neglect. Exploitation. such as food and shelter. punishable acts Children. but are not limited to. whether male or female. syndicate or group. and Discrimination Act427 i) Coverage Special protection to children428 from all forms of abuse. neglect. (2) Any act by deeds or words which debases.430 ii) Child prostitution. who for money. cruelty.A. degrades or demeans the intrinsic worth and dignity of a child as a human being.d. Special Protection of Children Against Child Abuse. cruelty. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse429. 7610. whether habitual or not. or 427 428 R. are deemed to be children exploited in prostitution and other sexual abuse. (3) Taking advantage of influence or relationship to procure a child as prostitute. exploitation and discrimination. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. prejudicial to their development. cruelty exploitation and discrimination and other conditions. neglect. indulge in sexual intercourse or lascivious conduct. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote. 2. (4) Threatening or using violence towards a child to engage him as a prostitute. sexual abuse and emotional maltreatment. the following: (1) Acting as a procurer of a child prostitute. 429 Child abuse" refers to the maltreatment. facilitate or induce child prostitution which include. profit. (3) Unreasonable deprivation of his basic needs for survival. or any other consideration or due to the coercion or influence of any adult. refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. as amended. of the child which includes any of the following: (1) Psychological and physical abuse. 139 . 430 Sec.

as amended. 7. The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. resort. 3815. the act of buying and selling of a child for money. When the victim is under twelve (12) years of age. shall suffer the penalty of reclusion temporal to reclusion perpetua. for rape and Article 336 of Act No. whether as manager or owner of the establishment where the prostitution takes place. the perpetrators shall be prosecuted under Article 335. disco. or of the sauna. paragraph 3. as the case may be. 5 Sec. or barter. 140 . (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. punishable acts Any person who shall engage in trading and dealing with children including. 431 iii) Child trafficking. but not limited to. the Revised Penal Code. bar. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.432 431 432 Sec. for rape or lascivious conduct. or for any other consideration.(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. and (c) Those who derive profit or advantage therefrom.

141 . no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.A. 60. Likewise. Juvenile Justice and Welfare Act of 2006. care and protection he needs.A. pouring irritating. juvenile delinquents. stripping. corrosive or harmful substances over the body of the child in conflict with the law. 435 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. Abandons the child under such circumstances as to deprive him of the love. id. Sells or abandons the child to another person for valuable consideration. (b) Employment of abusive. emotional. and degrade his/her personality and dignity. prohibited: (a) Employment of threats of whatever kind and nature. coercive and punitive measures such as cursing.436 Criminal liability shall attach to any parent who: 1.. 2. R. and solitary confinement. beating. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. social. to enroll the child as required by Article 72. 4. P. 433 434 R. inhuman end cruel forms of punishment such as shaving the heads. 61.D. 5. without justifiable grounds. 9344. prostitutes or attaching to them in any manner any other derogatory names. the competent authorities must refrain from branding or labeling children as young criminals. and (d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances. Conceals or abandons the child with intent to make such child lose his civil status. 3. moral and physical health and well-being of the child in conflict with the law and therefore. (c) Employment of degrading. 9344 436 Sec. 603.e. humiliate. or forcing him/her to walk around the community wearing signs which embarrass. as amended 435 Sec. Fails or refuses. spiritual.433 also refer to Child and Youth Welfare Code434 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child.

who knowingly or wilfully. causes.D. 9. "Truancy" as here used means absence without cause for more than twenty schooldays. or 1. Causes. Does any act producing.A. such as for purposes of begging and other acts which are inimical to his interest and welfare. 142 . Permits the child to possess. promoting. Improperly exploits the child by using him.438 f. 204. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. 2. If the motor vehicle driven by the child belongs to the parent. regardless of its ownership. handle or carry a deadly weapon. 11. id. 7. 8. "Parents" as here used shall include the guardian and the head of the institution or foster home which has custody of the child. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five schooldays. not necessarily consecutive. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass or humiliate him. 59. Aids. 10. 12. P. abates. Causes or encourages the child to lead an immoral or dissolute life. directly or indirectly. Human Security Act of 2007439 i) Punishable acts of terrorism440 ii) Who are liable441 437 438 Art. abets or connives with the commission by a child of a delinquency. 437 A person whether the parent or guardian of the child or not. it shall be presumed that he permitted or ordered the child to drive. 439 R.6. 603 Art. or contributing to a child's being or becoming a juvenile delinquent. 9372 440 supra 441 Ibid. or permits the truancy of the child from the school where he is enrolled.

He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c.444 female or a public officer. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. before the institution of criminal proceedings against him 143 .9. The act of detention or kidnapping must be illegal d. Kidnapping/detention lasts for more than 3 days 2. or in any other manner deprives the latter of his liberty c. Offender is a private person b. without having attained the purpose intended and c. In the commission of the offense. Crimes Against Personal Liberty and Security Crimes Elements Kidnapping and serious illegal a. The act of detention or kidnapping must be illegal 442 443 Art. any of the following circumstances are present:443 1. that the person kidnapped or detained is a minor. Slight illegal detention445 a. 267 becomes serious 444 except if parent is the offender 445 Art. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. 268 Privileged mitigating circumstances: If the offender: a. It is committed simulating public authority 3. or 4. Offender is a private individual detention442 b. He kidnaps or detains another.

Slavery452 446 447 a. The purpose of the offender is to deliver him to the proper authorities c. The minor451 is living in the home of his parents home450 or guardians or the person entrusted with his custody.446 Unlawful arrest447 a. The arrest or detention is not authorized by law or there is no reasonable ground therefor. 271 Inducement must be actual. Offender induces a minor to abandon such home. kidnaps or detains a supra Art. Offender is entrusted with the custody of a minor448 minor person449 b. committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother 451 whether over or under 7 452 Art. 272 Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). b. Kidnapping and failure to return a a.d. the penalty is higher 144 . the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. He deliberately fails to restore the said minor to his parents. Offender arrests or detains another person b. Inducing a minor to abandon his a. Offender purchases. 270 449 whether over or under 7 but less than 18 yrs old 450 Art. the detention is for some legal ground while here. the detention is not authorized by law In art 125. The crime is committed without the attendant of any of the circumstances enumerated in Art 267. so either a public officer or private individual Refers to warrantless arrests In art 125. 269 Offender is any person. sells. the arrest is not authorized by law 448 Art.

It is against the will of the minor. c. b. unless such omission shall constitute a more serious offense a. 273 Art. compulsion in payment of debt454 either as household servant or farm laborer. It is under the pretext of reimbursing himself of a debt incurred by an ascendant.human being. 453 454 Failing to deliver a child. b. Art. The accused fails to render assistance. 274 455 Art. 2. It is against the debtor’s will. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. c. The accused found there a person wounded or in danger of dying. b. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. 275 145 . guardian or person entrusted with the custody of such minor. Exploition of child labor453 a. Offender retains a minor in his service. Offender compels a debtor to work for him. b. Services rendered under a. c. The purpose is to require or enforce the payment of a debt. when he can render such assistance without detriment to himself. Place is not inhabited. The accused can render assistance without detriment to himself. The purpose of the offender is to enslave such human being. d. Abandonment of person in danger and abandonment of one’s own victim455 1.

b. His station in life requires such education and his financial condition permits it. He has no intent to kill the child when the latter is abandoned. He neglects his children by not giving them condition permits education. without the consent of the proper authorities a. indifference of parents457 1. in the absence of that one. c. or if the one who entrusted such child to the offender is absent. The child is under seven (7) years of age. Abandonment of minor by person entrusted with his custody. He delivers said minor to a public institution or other persons. 2. deliberate. 276 Conscious. 456 Art. c. or by failing to take him to a safe place Abandoning a minor456 a. permanent. Offender has the custody of a child. when the death of the minor resulted from such abandonment b. unless punishable by a more serious offense Qualifying circumstances: a. if the life of the minor was in danger because of the abandonment 457 Art. Delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or. Neglecting his458 children by not a. c. The one who entrusted such child to the offender has not consented to such act. He abandons such child. d. Offender has charged of the rearing or education of a minor. 277 458 offender 146 . giving them education which their station in life requires and financial b. the proper authorities have not consented to it. b. to the authorities or to his family. Offender is a parent.under 7 whom the offender has found abandoned.

physical strength or contortion. the offender being any person. 147 . guardian. teacher or person entrusted in any capacity with the care of such child. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price.Exploitation of minors459 1. the offender being any person. diver. guardians. compensation or promise. rope-walker. 3. 459 Art. the offender being engaged in any of said callings. 2. 4. 5. Delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar. Inducing any child under 16 to abandon the home of its ascendants. or wild-animal tamer or circus manager or engaged in a similar calling. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. the offender being an ascendant. rope-walker. Employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar. Causing any boy or girl under 16 to perform any dangerous feat of balancing. gymnast. the penalty is higher. 278 Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat.

Offender is a private person. of any wrong. The entrance is made while either of them is uninhabited. The trespasser has not secured the permission of the owner or the caretaker thereof. 1. 282 Aggravating circumstances: if made in writing or thru a middleman Frustrated – if not received by the person being threatened Art 284 bond from good behavior may be imposed (only in these offenses) 148 . the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 461 Art. while open Medina case: when the accused entered the dwelling through the window. he had no intent to kill any person inside. tavern etc. Other forms of trespass461 a. place is a café. this is the crime May be committed even by the owner (as against the actual occupant) Not applicable to: a. c. the occupants or a third person b. He enters the dwelling of another. Such entrance is against the latter’s will. b. d. Threatening another with the infliction upon his person. the penalty is higher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation. Offender threatens another person with the infliction upon the latter’s person. b. 281 462 Art. The prohibition to enter be manifest.Trespass to dwelling460 a. honor or property. or upon that of the latter’s family. c. honor or property that of his family of any wrong amounting to a crime and 460 Art. entrance is for the purpose of preventing harm to himself. Offender enters the closed premises or the fenced estate of another. but the intention to kill came to his mind when he was being arrested by the occupants thereof. purpose is to render some service to humanity or justice c. Grave threats where attained his purpose462 offender a.

without persisting in the idea involved in the 463 464 Threat is with condition threat is without condition 465 Art. b. b. There is a demand for money or that other condition is imposed. Person shall threaten another with a weapon. person orally threatens another with some harm constituting a crime. b. Bond for good behavior466 Other light threats467 a. honor or property or that of his family of any wrong amounting to a crime. The wrong does not constitute a crime. or draw weapon in a quarrel unless in self-defense. even though not unlawful.demanding money or imposing any b. 284 467 Art. Offender attains his purpose. Such wrong amounts to a crime. Offender has attained his purpose or. of any wrong. In the heat of anger. Making such threat without the offender attaining his purpose 3. c. c. Such wrong amounts to a crime. other condition. Offender threatens another person with the infliction upon the latter’s person. There is a demand for money or that any other condition is imposed. or upon that of the latter’s family. d. 283 Only in these offenses The wrong does not amount to a crime 466 Art. The threat is not subject to a condition Light threats465 a. 2. Threatening another with the infliction upon his person. 285 149 . even though not unlawful d. Offender makes a threat to commit a wrong. even though not unlawful and the offender463 c. the threat not being subject to a condition464 a. honor or property. that he has not attained his purpose.

1 a. He forces or compels. Light coercions469 a. directly or indirectly. He seizes anything belonging to his debtor. 288 150 . in other words. c. c. Offender must be a creditor. 286 Art. A person prevented another from doing something or not to do something against his will. Grave coercions468 a. b. b. 287 470 Art. or knowingly permits to be forced or compelled. agent or officer of any association or corporation. be it right or wrong. that the restraint shall not be made under authority of law or in the exercise of any lawful right. He or such firm or corporation has employed laborers or employees. The person that restrained the will and liberty by another had not the authority of law or the right to do so. or. d. of force as would produce intimidation and control the will. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. b.threat. c. c. any of his or its laborers or employees to purchase 468 469 Art. Other similar coercions470 No. Person orally threatens another with harm not constituting a felony. The purpose of the offender is to apply the same to the payment of the debt. Subsequent acts did not persist. The prevention or compulsion be effected by violence. Offender is any person.

Offender is a manager. 2 a. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work b. The purpose is to discover the secrets of such another person. b. Revealing secrets with abuse of a. Offender is informed of the contents or the papers or letters seized. office473 471 472 Art. Formation. c. Such employee or laborer does not expressly request that he be paid by means of tokens or objects. employee or servant. d. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. maintain or prevent coalitions of capital or labor. c. strike of laborers or lockout of employees. the penalty is higher 473 Art.merchandise or commodities of any kind from his or from said firm or corporation. The purpose is to organize. Offender is a private individual or even a public seizure of correspondence472 officer not in the exercise of his official function. He seizes the papers or letters of another. Offender employs violence or threats. Those tokens or objects are other than the legal tender currency to the Philippines. maintenance. and prohibition of combination of capital or labor through violence or threats471 a. Discovering secrets through a. 291 151 . 289 Art. b. 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of rd another to a 3 person. No.

Offender reveals such secrets. Revelation of industrial secrets474 a. He reveals such secrets. 474 Art. 292 152 . He learns the secrets of his principal or master in such capacity. Offender is a person in charge. d. employee or workman of a manufacturing or industrial establishment. b. Prejudice is caused to the owner. The manufacturing or industrial establishment has a secret of the industry which the offender has learned. c. c.b.

provoking war and disloyalty in case of war. permit. 1 477 Sec. punishing espionage and other offenses against national security: Provided. 2. permits. or to furnish transcriptions thereof. criminal investigation or trial of offenses mentioned in section 3 hereof. shall not be covered by this prohibition 476. sedition. or however otherwise described: It shall also be unlawful for any person. to knowingly possess any tape record. or aids. rebellion. ii) Exceptions Any peace officer. or copies thereof. or any other such record. mutiny in the high seas. and. to secretly overhear. either verbally or in writing. Any person who willfully or knowingly does or who shall aid. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason. That in cases involving the offenses of rebellion. or by using any other device or arrangement. Anti-Wire Tapping Act475 i) Punishable acts It shall be unlawful for any person. upon conviction thereof. however. whether complete or partial. or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder. espionage. if the offender is an alien he shall be subject to deportation proceedings477. not being authorized by all the parties to any private communication or spoken word. or to replay the same for any other person or persons. inciting to rebellion. 616. or causes such violation shall. and violations of Commonwealth Act No. conspiracy to commit sedition. inciting to sedition. be he a participant or not in the act or acts penalized in the next preceding sentence. wire record. piracy. 4200 Sec. 475 476 R. to any other person: Provided. to tap any wire or cable.a. inciting to rebellion. conspiracy and proposal to commit rebellion. That the use of such record or any copies thereof as evidence in any civil. conspiracy and proposal to commit rebellion. intercept. disc record. 153 . kidnapping as defined by the Revised Penal Code. be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder.A. That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided. or to communicate the contents thereof. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. who is authorized by a written order of the Court.

upon a written order of the Court of Appeals. association. or with the use of any other suitable ways and means for that purpose. which shall then be forfeited as provided under the Rules of Court. 478 479 Sec. listen to. conversation. 154 . or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.483 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. with the use of any mode. without the authorization of the court. message. or public health. 3 R. Section 6 482 of the Constitution. and inciting to sedition. Human Security Act of 2007479 i) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No. or spoken or written words between members of a judicially declared and outlawed terrorist organization. Travel outside of said municipality or city. doctors and patients. 4200480 to the contrary notwithstanding. and (3) that there are no other means readily available for obtaining such evidence. conspiracy to commit sedition.478 b. 9372 480 Anti-Wire Tapping Law 481 Sec. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. upon application by the prosecutor. a police or law enforcement official and the members of his team may. as may be provided by law. in the interest of national security and public safety. 482 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security. 26. the court. 7. 483 Sec. have actually been or are being committed.A. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. as the case may be.481 ii) Restriction on travel In cases where evidence of guilt is not strong. any communication. consistent with Article III.sedition. form. or to the prevention of. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. any of such crimes. intercept and record. discussion. such authority shall be granted only upon prior proof that a rebellion or acts of sedition. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. or to the solution of. Surveillance. journalists and their sources and confidential business correspondence shall not be authorized. public safety. interception and recording of communications between lawyers and clients. shall be deemed a violation of the terms and conditions of his bail.

The bank or financial institution concerned. the internet or other means of communications with people outside the residence until otherwise ordered by the court. or group of persons. or group of persons. (2) of a judicially declared and outlawed terrorist organization. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. trust accounts. 155 . association. placements. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. assets. association. placements. trust accounts. he or she may not use telephones.While under house arrest. assets. and (3) of a member of such judicially declared and outlawed organization. computers. (2) of any judicially declared and outlawed terrorist organization. the deposits. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. 1405 as amended. 27. ordered by and served with the written order of the Court of Appeals. placements. association. or group of persons. and (b) gather or cause the gathering of any relevant information about such deposits. shall not refuse to allow such examination or to provide the desired information. or group of persons in a bank or financial 484 Sec. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. e-mails. or (3) of any member of such organization.484 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits. when so. conspiracy to commit terrorism. cellphones. association. trust accounts. to the contrary notwithstanding. or cause the examination of. assets and records in a bank or financial institution. and records from a bank or financial institution.

(c) To offer or contract marriage. not being authorized by the Court of Appeals to do so. pornography. selling. as its other members. 487 Sec. including those done under the pretext of domestic or overseas employment or training or apprenticeship. 28. (b) To introduce or match for money. for the purpose of prostitution. harbor. who shall be its Vice Chairperson. real or simulated. association or group of persons. (6) the Secretary of Finance. transfer. or group of persons. selling or trading him/her to engage in prostitution. assets. and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. slavery. reveals in any manner or form any classified information under this Act487. forced labor. slavery. c. any person or. to commit any of the following acts: (a) To recruit.A. provide. sexual exploitation. involuntary servitude or debt bondage. or (3) of any member of such organization. involuntary servitude or debt bondage. Anti-Trafficking in Persons Act of 2003 488 I) Punishable acts It shall be unlawful for any person. 485 The members of the Council are: (1) the Executive Secretary. 9208 156 . pornography. buying. for the purpose of acquiring. (2) of a judicially declared and outlawed terrorist organization. as provided for under Republic Act No. offering. or receive a person by any means.486 iv) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person. sexual exploitation.institution. economic or other consideration. trust accounts. 488 R. for marriage for the purpose of acquiring. police or law enforcement agent. pornography. and upon examination under oath or affirmation of the applicant and. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. 46. placements. shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53485 of this Act to file such ex parte application. transport. 486 Sec. sexual exploitation. buying. and the gathering of any relevant information about the same from said bank or financial institution. and (3) the Secretary of Foreign Affairs. (2) the Secretary of Justice. (5) the Secretary of the Interior and Local Government. any Filipino woman to a foreign national. who shall be its chairperson. association. forced labor. profit. involuntary servitude or debt bondage. or trading them to engage in prostitution. judicial officer or civil servant who. natural or juridical. (4) the Secretary of National Defense. and (7) the National Security Advisor. 6955. forced labor or slavery. or material. offering.

broadcasting or distribution by any means. hire. printing. publication. building or establishment for the purpose of promoting trafficking in persons. flyer. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. 157 . shall be unlawful: (a) To knowingly lease or sublease. assist or help in the exit and entry of persons from/to the country at international and local airports.(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. travel documents. pornography. fraud. adopt. coercion. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons. publish. deceit. involuntary servitude or debt bondage. (b) To produce. transport or adopt a child to engage in armed activities in the Philippines or abroad. or any propaganda material that promotes trafficking in persons. (f) To confiscate. slavery.489 The following acts which promote or facilitate trafficking in persons. 4. print and issue or distribute unissued. forced labor. or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent 489 Sec. territorial boundaries and seaports who are in possession of unissued. transport or abduct a person. (g) To recruit. (e) To maintain or hire a person to engage in prostitution or pornography. or destroy the passport. including the use of information technology and the internet. (e) To facilitate. of any brochure. by means of threat or use of force. and (h) To recruit. broadcast or distribute. conceal. sexual exploitation. use or allow to be used any house. pornography or sexual exploitation. tampered or fake counseling certificates. print. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. (c) To advertise. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. violence. or cause the advertisement. or intimidation for the purpose of removal or sale of organs of said person.

(d) When the offender is an ascendant. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). and (g) To knowingly benefit from. It is deemed committed in large scale if committed against three (3) or more persons. becomes insane. pornography. parent. (f) When the offender is a member of the military or law enforcement agencies. forced labor. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. the offended party dies. the labor or services of a person held to a condition of involuntary servitude. 490 The following are considered as qualified trafficking: (a) When the trafficked person is a child. or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. or make use of.them from leaving the country or seeking redress from the government or appropriate agencies. 6. individually or as a group. sibling. 158 . (b) When the adoption is effected through Republic Act No. slavery. 491 490 491 Sec. 5. forced labor. or slavery. (c) When the crime is committed by a syndicate. sexual exploitation. involuntary servitude or debt bondage. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. financial or otherwise. Sec. (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. and (g) When by reason or on occasion of the act of trafficking in persons. 8043.

the taking of the property is robbery complexed with any of these crimes under art 294. Prosecution of the crime need not be by offended party – fiscal can sign the information.10. intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263. if given in trust – estafa As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same. robbery with rape – intent to commit robbery must precede rape. not upon the thing General rule: violence or intimidation must be present before the “taking” is complete Except: when violence results in – homicide. the unlawful taking is complete As to robbery with force upon things – thing must be taken out of the building Intent to gain – presumed from unlawful taking Taking must not be under the claim of title or ownership When there’s no intent to gain but there is violence in the taking – grave coercion Violence or intimidation must be against the person of the offended party. 294 Special complex crimes (specific penalties prescribed) a. 293 Belonging to another – person from whom property was taken need not be the owner. and There is violence against or intimidation of any person. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. rape. legal possession is sufficient Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property – must be unlawful. There is unlawful taking of that property. or force upon anything. Robbery with violence against or By reason or on occasion of the robbery. even if taking is already complete when violence was used by the offender Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur – it is robbery with violence 493 Art. rape should be considered as aggravating only and the crime is still robbery with homicide 159 . The taking must be with intent to gain. When rape and homicide coexist. b. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. Crimes Against Property Crimes Robbery in general492 Elements There be personal property belonging to another. the intimidation of person493 following are committed: 492 Art.

296 c. or e. or in any manner taking the passengers thereof by surprise in the respective conveyances. use of any such member. incapacitated for work habitually engaged in. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity. Homicide 2. or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days. Robbery accompanied with rape or intentional mutilation. > 30 days 5. on a street. smell. if any of the offenses defined in subdivisions 3. eye. foot. 295 Must be alleged in the information Can’t be offset by generic mitigating Art.1. or d. 160 . leg. he was a member of the band robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons. More than 3 armed malefactors b. impotent or blind 3. by attacking a moving train. SPI – lost the use of speech. 4 and 5 of Art 294 is committed: a. street car. imbecile. 4. 295 will not apply to: robbery w/ homicide. by entering the passenger’s compartments in a train. hand. motor vehicle or airship. Any kind of robbery with less serious physical injuries or slight physical injuries Qualified robbery with violence or intimidation494 Robbery by a band495 a. in an uninhabited place or b. road. by a band or c. 1 of Art. 263 495 Art. hear. arm. rape or SPI under par. highway or alley and the intimidation is made with the use of firearms. the offender shall be punished by the max period of the proper penalties prescribed in art 294 494 Art. Liability for the acts of the other members of the band 1. SPI – insane.

Unless the others attempted to prevent the assault – guilty of robbery by band only 497 Art. other members of the band committed an assault 4.) Inhabited house – any shelter. Lamahang – intent to rob being present is necessary Place: house or building. execute. corals. an inhabited house. NO ENTRY. 299 Includes dependencies (stairways. NO ROBBERY Entrance is necessary – mere insertion of hand is not enough (whole body). Conspiracy to commit robbery with homicide – even if less than 4 armed men 2. courts. Whether robbery is attempted or frustrated. Offender compels him to sign. etc. Important for robbery by use of force upon things. Offender has intent to defraud another. or deliver any public instrument or document. lands for cultivation. 298 499 Art. barns. he did not attempt to prevent the assault496 Attempted or frustrated robbery with homicide497 Execution of deeds by means of a. violence or intimidation498 b. Where offense committed is attempted or frustrated robbery with serious physical injuries – Article 48 is applicable 498 Art. not to get out but to enter – therefore. penalty is the same 2. The compulsion is by means of violence or intimidation. Not included – orchard. Conspiracy is presumed when 4 or more armed persons committed robbery 4. he was present at the commission of a robbery by that band 3. ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies. c. not car Public building – every building owned. Offender entered public building or edifice devoted to worship499 1. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide 3. evidence to such effect is necessary P v. or 496 1. 297 1. Robbery in an inhabited house or a. rented or used by the government (though owned by private persons) though temporarily vacant Not robbery – passing through open door but getting out of a window 161 .2. it is necessary that offender enters the building or where object may be found. etc. hallways.

4. public buildings. theft (for latter to be robbery. Theft – if lock is merely removed or door was merely pushed False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks – specially made. Through an opening not intended for entrance or egress. or 3. 3. Outside door must be broken. By breaking any wall. The entrance was effected by any of the following means: 1. Exception: inside door in a separate dwelling. By using any fictitious name or pretending the exercise of public authority. Rule: outside door. otherwise. Once inside the building. it’s robbery by violence and intimidation against persons False key – used in opening house and not furniture inside. edifice devoted to religious worship. 2. pretending to be police to be able to enter (not pretending after entrance) 162 .g. the offender took personal property belonging to another with intent to gain. must be broken and not just opened) Gen.2. c. By using false keys.. or floor or breaking any door or window. roof. b. e. smashed. adopted for commission of robbery Key – stolen not by force. picklocks or similar tools or. otherwise.

Breaking of doors. Garage – must have 3 requirements. under any of the following circumstances: 1. Dependencies – are all interior courts. or 2. corrals. Robbery in an uninhabited place and by a band501 Robbery in an uninhabited place a. Offender takes personal property belonging to another with intent to gain. chests. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft 163 . Exception: pigsty Same manner as Art. Taking such furniture or objects away to be broken or forced open outside the place of the robbery.Robbery with force upon things500 a. freight car. 301) 1. granaries or enclosed places: a. warehouses. not any of the 3 places mentioned) Ex. 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art. Offender entered an uninhabited place or a or in a private building502 building which was not a dwelling house. having an interior entrance connected therewith c. contiguous to the building b. public building or building dedicated to religious worship and their dependencies (Art. Exception: orchards/lands 502 Art. 302 Second kind of robbery with force upon things Uninhabited place – is an uninhabited building (habitable. 299. 300 What is an uninhabited house. store. or any other kind of locked or sealed furniture or receptacle. no need to open – already consummated robbery Estafa – if box is in the custody of accused Theft – if box found outside and forced open 501 Art. not a 500 Art. warehouse. which form part of the whole 2. regardless of the circumstances under which he entered it b. 299 (b) Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it. or edifice devoted to religious worship. Offender is inside a dwelling house. wardrobes. public building.

or outside door or window was broken. 2.public building. 304 Actual use of the same is not necessary 164 . With intent to gain. floor. 303 504 Art. wardrobe. the offender took therefrom personal property belonging to another. 4. fruits or fire wood in an uninhabited place or private building503 Illegal possession of picklocks or a. False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened 503 Art. roof. Such picklocks or similar tools are specially adopted to the commission of robbery. b. A closed or sealed receptacle was removed. Offender does not have lawful cause for such possession. Entrance was effected through an opening not intended for entrance or egress. 3. A door. or not an edifice devoted to religious worship. The entrance was effected through the use of false keys. Robbery of cereals. Offender has in his possession picklocks or similar similar tools504 tools. A wall. picklocks or other similar tools. c. Any of the following circumstances was present: 1. b. chest. c. even if the same be broken open elsewhere. or any sealed or closed furniture or receptacle was broken or 5.

306 PD 532 – Brigandage. Art. a. not robbery (not stolen) 506 Art. Offender does any of the following acts: 1. Offender knows the band to be of brigands. There is a band of brigands. Any key other than those intended by owner for use in the lock forcibly opened by the offender Brigandage506 Brigands – more than three (3) armed persons forming a band Aiding and abetting a band of a. Genuine key stolen from owner. 307 508 Art. he in any manner aids. 305 Possession of false keys here not punishable If key was entrusted and used to steal. abets or protects such band if brigands. Taking of personal property. (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person on any Phil hi-way Presumption of Brigandage: a. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take personal property of another 165 . b. Theft508 505 a. c. or 2.False keys505 Picklocks. etc. (b) extortion or other unlawful purpose. He acquires or receives the property taken by such brigands. he gives them information of the movements of the police or other peace officers of the government or 3. 308 Persons liable: 1. brigands507 b. if members of lawless band and possession of unlicensed firearms (any of them) b. Seizure of any person for: (a) ransom. possession of any kind of arms (not just firearms) 507 Art.

pleasure desired. taking of Php is theft If offender claims property as his own (in good faith) – not theft (though later found to be untrue. fishing or gathering a. d. qualified 166 . There is an enclosed estate or a field where fruits. b. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i. The taking is done without the consent of the owner. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner 3.e. But it is estafa if juridical possession is transferred e. e. prior to this. Hunting.3 Fish not in fishpond. Espiritu – full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner. The taking is accomplished without the use of violence against or intimidation of persons or force upon things. the control test P v. The taking is done with intent to gain. Offender enters the same. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important 509 Art. felonious conversion. par. no. cereals or other forest or farm products. therefore must exclude “joyride” Theft: if after custody (only material possession) of object was given to the accused. d) without the latter’s consent 2.b. Belonging to another.g. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). it is actually taken by him (no intent to return) e. otherwise. c. P v. by contract of bailment Includes electricity and gas a. in enclosed estate509 trespass is forbidden or which belongs to another. use.g. inspector misreads meter to earn b. etc. any benefit (e. If in bad faith – theft) Gain is not just Php – satisfaction. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee. 308. without the consent of its owner c) hunts or fish upon the same or gather fruits.g.. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and. Otherwise. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them 4.

or d. On occasion of calamities and civil disturbance. fish from fishpond or fishery. guests no confidence.c. tellers novation theory applies only if there’s a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to gain. not qualified theft theft – material possession’ estafa – juridical possession qualified: if done by one who has access to place where stolen property is kept e. The hunting or fishing or gathering of products is without the consent of the owner. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter – private mail to be QT. cereals or other forest or farm products. 226 511 Art. With grave abuse of confidence. large cattle 4. Property stolen is: 1. guards.g. or b. Committed by domestic servant. Offender hunts or fishes upon the same or gathers fruits.. 311 167 . Not postmaster – Art. Qualified theft510 a. 310 “grave abuse” – high degree of confidence.g. Theft of property of the national library and national museum511 510 Art. his absconding is QT motor vehicle in kabit system sold to another-theft. mail matter 3. e. coconut from plantation 5. and d. or c. motor vehicle 2.

314 . b. Sub. The accused defrauded another 1.515 b. (A) 168 . 512 513 Art.1. Offender is a debtor. 315 517 Art. There be prejudice to his creditors.Occupation of real property or usurpation of real rights in property512 a. Par. He alters its substance. b. provinces. 312 Art. 516 Art. his obligations was due and payable. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. There is intent to gain. by abuse of confidence. He absconds with his property. or any other marks intended to designate the boundaries of the same. or or means of deceit and 2. Offender alters said boundary marks. The real property or real rights belong to another. b. or quality. Estafa in general516 a.culpable insolvency 515 that is. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. 313 514 Art.315. Altering boundaries 513 landmarks or a. d. There be boundary marks or monuments of towns. Estafa with unfaithfulness517 a. Offender has an onerous obligation to deliver something of value. or estates. c. Fraudulent insolvency514 a. quantity. c. Offender takes possession of any real property or usurps any real rights in property.

existing obligation to deliver – even if it is not a subject of lawful commerce c. Par. Estafa – not affected by Novation of Contract because it is a public offense e. By denying that the thing was received Unfaithful or Abuse of Confidence a. the same. upon delivery of the thing to the offender. or other personal property be received by the offender in trust. thing has been devoted for a purpose or use different from that agreed upon h. By converting the thing received. the private individual allegedly in conspiracy with him may be held liable for estafa 169 . There be misappropriation or conversion of such money or property by the offender. Estafa with abuse of confidence518 a.315.1. (B) 3 ways of committing: 1. But if property is received for specific purpose and is misappropriated – estafa! j. In theft. the owner expects an immediate return of the ting to him – otherwise. not ownership b. or for administration. 2. Failure to account after the demand is circumstantial evidence of misappropriation k. By misappropriating the thing received. 3. no agreement as to quality – No estafa if delivery is unsatisfactory By misappropriating and converting a. Estafa m. sale on credit by agency when it was to be sold for cash – estafa d. 518 Art. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c.c. same thing received must be returned otherwise estafa. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. Demand is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. or on commission. domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the public officer is acquitted. Misappropriating – to take something for one’s own benefit g. Damage or prejudice is caused to another. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. by altering the substance b. Converting – act of using or disposing of another’s property as if it was one’s own. or dental on his part of such receipt. or under any other obligation involving the duty to make delivery of or to return. There must be prejudice to another – not necessary that offender should obtain gain i. thing is received by offender under transactions transferring juridical possession. b. goods. Money. thing delivered has not been fully or partially paid for – not estafa d. Sub. Servant.

c. Above the signature of the offended party a document is written by the offender without authority to do so. fraudulent means must be made or executed prior to or b. The offended party should have delivered it to offender. c. Estafa by taking undue advantage a. 519 520 Art. There must be a false pretense. or causes damage to. The paper with the signature of the offended party of the signature in blank519 be in blank. There is a demand made by the offended party to the offender. 315 False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false 170 . The document so written creates a liability of. d. Such misappropriation or conversion or dental is to the prejudice of another and d. b. the offended party or any third person Estafa by means of deceit520 a. the offended party suffered damage. The offended party must have relied on the false pretense. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. fraudulent act. c. he was induced to part with his money or property because of the false pretense. or fraudulent means. Such false pretense. As a result thereof. that is. fraudulent act.c. or fraudulent means.

or would have been dishonored for the same reason had not the drawee. A person makes or draws and issues any check. Sec. Offender postdated a check. 521 Good faith is a defense. obligation521 b. The person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt – no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note – no estafa 522 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds 171 . 22522 b. or issued a check in issuing a check in payment of an payment of an obligation. d. of Sec. vs.P. The check is made or drawn and issued to apply on account or for value.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. Offense defined in the first par. He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. 1 of B. without any valid reason. Elements of the offense defined in a. b. Villapando. 1 of B.P. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. 22 drawee bank when he makes or draws and issues a check. 56 Phil. ordered the bank to stop payment.Estafa by postdating a check or a. Such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. c. of a. A person has sufficient funds in or credit with the the 2nd par. (P.

Estafa by removing. Damage or prejudice capable of a. The offended party personally signed the document. concealing or a. The check is dishonored by the drawee bank. Offender removed. d. 523 If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification. There be court records. Offender had intent to defraud another. Offender induced the offended party to sign a sign any documents523 document. documents or destroying documents524 any other papers. b. b. but where the accused made representation to mislead the complainants as to the character of the documents . Disturbance in property right. restaurants etc. office files.c.estafa Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud 524 No intent to defraud – destroying or removal = malicious mischief 525 second element of any form of estafa 172 . c. concealed or destroyed any of them. b. or c. The offended party being deprived of his money pecuniary estimation525 or property. as a result of the defraudation. c. By obtaining food or credit at hotels. Deceit be employed to make him sign the document. Temporary prejudice. Prejudice be caused. Estafa by inducing another to a. inns.

a. Offender should have executed an act of ownership527 d. Offender is a surety in a bond given in a criminal mortgaging or encumbering real or civil action. leasing. The thing be immovable. whether the encumbrance is recorded or not. Offender wrongfully takes it from its lawful possessor.Swindling by conveying. 316.1 selling. 2. Said personal property is in the lawful possession of another. pretending to be the owner of the same526 b. 529 par. encumbering or mortgaging the real property 528 par. Offender is the owner of personal property. c. c. 3 530 par. or mortgaging any or a building. Swindling530 by selling. There must be express representation by the offender that the real property is free from encumbrance. par. The act of disposing of the real property be made to the damage of another. The thing disposed of be real property. real property. 526 527 Art. c. although such b. such as a parcel of land encumbering. a. Swindling by disposing of real a. Offender who is not the owner of said property represented that he is the owner thereof. d. the owner his personal from its lawful possessor529 b. property as free from encumbrance. selling. d. Swindling by wrongfully taking by a. The act be made to the prejudice of the owner or a third person. Prejudice is thereby caused to the possessor or third person. Offender knew that the real property was encumbrance be not recorded528 encumbered. 6 173 .

to give release. 318 174 . The consideration is 1. d.property or properties with which b. before being relieved from the obligation contracted by him. some loan of money 2. to assume an obligation. He sells. 316 Art. Not mentioned above. or 3. The transaction is to the detriment of such minor. 531 532 Art. b. mortage or encumbrance is 1. 317 533 Art. future-telling for profit or gain. to execute a transfer of any property right. Interpretation of dreams. credit. forecast. mortgages. or 2. c. or 3. Such sale. or 3. Offender takes advantage of the inexperience or emotions or feelings of a minor. in any other manner encumbers said real property. or. Swindling a minor532 a. fulfillment of his obligation as surety531 c. or 2. other personal property. d. b. He guaranteed the fulfillment of such obligation the offender guaranteed the with his real property or properties. made before the cancellation of his bond. Other deceits533 a. He induces such minor 1. without express authority from the court.

Offender knows that such property is so mortaged. 534 535 Art.D. The value of the property burned does not exceed 25 pesos c. c. The removal is permanent. b. 1613 expressly repealed or amended Arts 320-326. administration or assigns to such removal. who is the mortgagee of such property. 320 537 Art. Personal property is already pledged under the terms of the chattel mortgage law. There is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. 323 175 .Selling or pledging personal property already pledged534 a. An uninhabited hut. 319 Ibid. sells or pledges the same or any part thereof. Offender. storehouse. 1744 revived Art. shed or any other property is burned. Arson and other crimes involving destructions536 Arsons of values537 property of small a.D. but P. He removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. Knowingly removing mortgaged Personal property is mortgaged under the chattel personal property535 mortage law. There is no written consent of the mortgagee or his executors. barn. The burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading. b. 536 P.

538 539 Art. taking up rails from the railway track 7. Offender set fire to or destroyed his own property means to commit arson539 b. prejudice is actually caused. explosion 2. The property burned is the exclusive property of the offender b. discharge of electric current 3. The property belonging to another was burned or destroyed Arson a. damaging the engine of the vessel 6. Offender causes destruction of the property b. The destruction was done by means of: 1. sinking or stranding of a vessel 5. Burning one’s property as a a. to defraud or cause damage to another or 2. The purpose of the offender in burning it is 1. destroying telegraph wires and posts or those of any other system 8. the thing burned is a building in an inhabited place. inundation 4. 325 176 . 325 Art.Crimes involving destruction538 a. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. or 3. other similar effective means of destruction.

Spreading infection or contagious among cattle. electric wires. Special cases mischief541 of malicious Obstruct performance of public functions. Done by damaging railways. 326 Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate. or any other thing ised in common by the public.Malicious mischief540 Offender deliberately caused damage to the property of another. Using poisonous or corrosive substances. scattering human excrement b. Killing the cow as revenge If no malice – only civil liability Damage is also diminution in value But after damaging the thing. 329 543 supra 544 Art. The act damaging another’s property be committed merely for the sake of damaging it. telegraph. Other mischief542 Not included in Art. traction cables. telephone of communication544 lines. revenge or other evil motive No negligence Example. archive. Such act does not constitute arson or other crimes involving destruction. registry. 330 177 . signal system of railways 540 Art. he used it = theft Damage is not incident of a crime (breaking windows in robbery) 541 Art. Damage to property of national museum or library. waterworks.543 a. 328. road. 328 Qualified malicious mischief – no uprising or sedition (#1) 542 Art. promenade. killing of cow as an act of revenge Damage and obstivation to means a.

Removing rails from tracks is destruction545 c.b. People killed as a result: 1. stepfather/mother (ascendants by affinity) b. murder – if derailment is means of intent to kill none – Art 48 e. common law spouse (propert is part of their earnings) 178 . The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Circumstance qualifying the offense if the damage shall result in any derailment of cars. public monuments or paintings547 Exemption from criminal liability in crimes against property 548 1. Brothers and sisters and brothers-in-law and sisters-in-law. adopted children (descendants) c. Malicious mischief 545 546 Art. Spouse. Swindling 3. 324 example: for transmission of electric power/light 547 Art. 332 Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a. 331 548 Art. concubine/paramour (spouse) d. Not applicable when telegraph/phone lines don’t pertain to railways546 d. collision or other accident – a higher penalty shall be imposed Destroying or damaging statues. if living together. Offenses involved in the exemption: 1. ascendants and descendants or relatives by affinity in the same line 2. Theft 2.

552 549 550 P. or shall buy and sell. article item. object.a. 6. to have been derived from the proceeds of the crime of robbery or theft. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.550 b) Presumption of fencing Mere possession of any good. acquire. secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. item. conceal. item. object or anything of value which he knows. or in any other manner deal in any article. Anti-Fencing Law549 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who. shall. receive. object of anything of value obtained from an unlicensed dealer or supplier thereof. 551 ii) Exception a) With clearance or permit to sell All stores. article. before offering the same for sale to the public. 2. or should be known to him. 1612 Sec. with intent to gain for himself or for another. 5. establishment or entity is located. keep. sell or dispose of.D. No. establishments or entities dealing in the buy and sell of any good. shall buy. 552 Sec. 179 . Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. possess. 551 Sec.

b. Bouncing Checks Law553 plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22554 and Administrative Circular No. 132001 Re: Clarification of Admin Circular No. 12-2000555 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable. 556 ii) Evidence of knowledge of insufficient funds The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.557 iii) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge.558

553 554

B.P. Blg. 22 see Reference 555 ibid 556 Sec. 1. 557 Sec. 2. 558 Administrative Circular No. 13-2001, February 14, 2001. See Reference

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c. Anti-Carnapping Act of 1972559 i) Definition of terms Carnapping The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. The erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number. Changing the color of a motor vehicle by means of painting. There is repainting

Motor vehicle

Defacing or tampering with a serial number

Repainting

559

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whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. Body-building A job undertaken on a motor vehicle in order to replace its entire body with a new body. The introduction of some changes in the shape or form of the body of the motor vehicle. The tearing apart, piece by piece or part by part, of a motor vehicle. The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle.560 ii) Registration Within one year after the approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block or chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. 561

Remodeling

Dismantling

Overhauling

560 561

Sec. 2. Sec. 3.

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iii) Who are liable a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission. 562 b) Duty of importers, distributors and sellers Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission. 563 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type, make and serial numbers. 564 iv) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis. 565
562 563

Sec. 7. Sec. 8. 564 Sec. 10. 565 Sec. 12.

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7 184 . 7. Destructive Arson . 1 570 Sec. 2 571 Sec.D. hotel. Any train.1613 569 Sec. 2. theater or movie house or any similar place or building. II. 9372 supra 568 P. Any hospital. judicial. housing tenement. Conspiracy to commit Arson571 566 567 R. education or social services. Any building where evidence is kept for use in any legislative.570 III. Arson569 . Any archive. 4. administrative or other official proceedings. or conveyance for transportation of persons or property 5. Any church or place of worship or other building where people usually assemble.d. museum. whether used as a dwelling or not. Any building. public or private market. lodging house. whether public or private. or any edifice devoted to culture.any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another. shopping center. situated in a populated or congested area. Anti-Arson Law568 i) Punishable acts I. vessel or watercraft. inflammable or combustible materials are stored.A. dormitory. 3. airplane or any aircraft. Human Security Act of 2007566 i) Punishable acts of terrorism567 e. Any ammunition factory and other establishment where explosives. 6.if the property burned is any of the following: 1.

by using force or intimidation. As regards the woman. The man must be married. c. Concubinage574 a. 3. b. Cohabiting with her in any other place. or 2. 2. 334 “Scandal” consists in any reprehensible word/deed that offends public conscience. Keeping a mistress in the conjugal dwelling. 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover 573 even if marriage subsequently declared void) 574 Art. when the offended party is deprived of reason or otherwise unconscious. Crimes Against Chastity Crimes Adultery572 Elements a. c. 336 185 . She has sexual intercourse with a man not her husband. when the offended party is under 12 years of age. Offender commits any act of lasciviousness or lewdness. He committed any of the following acts: 1. she must know him to be married. The woman is married573 b. he must know her to be married. As regards the man with whom she has sexual intercourses.11. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. or 3. b. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin 575 Art. 572 Art. Acts of lasciviousness575 a. Done under any of the following circumstances: 1.

2. Seduction of a virgin over 12 a. Offended party is over 12 and under 18 years of age. teachers etc and b. Offender commits acts of lasciviousness or lewdness. persons. domestic 3. Those who abused their relationship: a. brother or descendant by her ascendant. person who. Those who abuse their authority: a. which is presumed if she and under 18 years of age by certain unmarried and of good reputation. teacher d. brother who seduced his sister b. Offended party is a virgin. is entrusted with the education or custody of the woman seduced 2. house servant c. She must be of good reputation. 338 Common form is unconditional promise to marry 580 Art. priest b. Seduction of a sister by her d. He must be over 12 and under 18 years of age. single or widow.c. It is committed by means of deceit. Those who abused the confidence reposed in them: a. guardian c. in any capacity. consent of the offended party580 b. priest. 339 186 . priest. persons in public authority b. There is abuse of authority. Acts of lasciviousness with the a. d. The acts are committed upon a woman who is virgin or 576 Art. such as a person in authority.577 on the part of the offender578 Simple seduction579 a. regardless of her age or e. person in public authority. b. 337 Persons liable: 1. Offender has sexual intercourse with her. servant 579 Art. confidence or relationship reputation. c. Qualified seduction576 1. Offender has sexual intercourse with her. Offended party is another person of either sex. ascendant who seduced his descendant 577 incestuous seduction 578 person entrusted with education or custody of victim.

c. b. or deceit. qualified seduction of sister/descendant. Forcible abduction583 a. 341 583 Art.single or widow of good reputation. 340 Art. b. relationship. Engaging in the business of prostitution b. forcible abduction 584 Art. civil status. Enlisting the servicxe of women for the purpose of prostitution. Offender accomplishes the acts by abuse of authority. confidence. She must be over 12 and under 18 years of age. c. Offended party must be a virgin. after solicitation or cajolery from the offender. or reputation. The taking away of the offended party must be with lewd designs White slave trade582 581 582 Art. c. or a sister or descendant regardless of her reputation or age. acts of lasciviousness. 342 Sexual intercourse is not necessary Crimes against chastity where age and reputation of victim are immaterial: rape. regardless of her age. The abduction is against her will. 343 187 . The person abducted is any woman. Corruption of minors581 Promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another a. The abduction is with lewd designs. under 18 years of age but over 12 years. Profiting by prostitution c. Consented abduction584 a. The taking away of the offended party must be with her consent.

346. other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies588 585 Art. In every case to support the offspring Liability of ascendants.Adultery. see Reference 188 . unless the law should prevent him from doing so 3. concubinage. seduction. 266-C. seduction or abduction587 1. This applies as well to the accomplices. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. Seduction. abduction rape and acts of lasciviousness 585 1. This rule does not apply in case of multiple rape 586 nd Not included (see Art. abduction. offended party b. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. accessories-after-the-fact. But marriages must be in good faith. grandparents d. rape586 or acts of lasciviousness must be prosecuted upon complaint filed by: a. To idemnify the offended women 2. 2 par) 587 Art. her parents c. guardians in the order in which they are named above. To acknowledge the offspring. 345 588 Art. Civil liability of persons guilty of rape.

(c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. facilitate or induce child prostitution which include. such photo or video or recording of sexual act or any similar activity with or without consideration. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. or cause to be published or broadcast. public area. (b) To copy or reproduce. (c) To sell or distribute. whether in print or broadcast media. or cause to be sold or distributed. as amended 189 . buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. The prohibition under paragraphs (b). 7610. whether it be the original copy or reproduction thereof. 589 590 R. such photo or video or recording of sexual act.A. or (d) To publish or broadcast. b. but are not limited to. Anti-Photo and Video Voyeurism Act of 2009 589 i) Punishable acts (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. and Discrimination Act 590 i) Child prostitution and other acts of abuse a) Punishable acts (a) Those who engage in or promote. Exploitation. 9995 R. cellular phones and other similar means or device. internet. or to cause to be copied or reproduced.A. (3) Taking advantage of influence or relationship to procure a child as prostitute. Special Protection of Children Against Child Abuse.a. the following: (1) Acting as a procurer of a child prostitute.

Parents or guardians. That when the victims is under twelve (12) years of age. guardians592 Under R. as the case may be: Provided. paragraph 3. Officer or social worker of the Department of Social Welfare and Development. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. 3.(4) Threatening or using violence towards a child to engage him as a prostitute. 4. or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. Offended party. the Revised Penal Code. whether as manager or owner of the establishment where the prostitution takes place.A. disco. Barangay chairman. or of the sauna. That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. offended party. as amended. Ascendant or collateral relative within the third degree of consanguinity. the perpetrators shall be prosecuted under Article 335. 5. 6. 3815. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. RPC and RA 7610. Officer. in the order in which they are named 190 . bar. 4. 3. 2. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: 1. or 591 592 Sec. 2. Provided. for rape and Article 336 of Act No. 366. 5. and (c) Those who derive profit or advantage therefrom. for rape or lascivious conduct. 591 b) Compare prosecution for Acts of Lasciviousness under Art. her parents. grandparents. resort. social worker or representative of a licensed child-caring institution.

persuade. guardian. involuntary servitude or debt bondage. profit. Any ascendant. buying. selling or trading him/her to engage in prostitution.7. Acts of Trafficking in Persons. forced labor. for the purpose of acquiring. selling. If the child used as a performer. 9208 191 . slavery. economic or other consideration. involuntary servitude or debt bondage. sexual exploitation. Anti-Trafficking in Persons Act of 2003595 i) Punishable acts I. employ.593 ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire. forced labor. At least three (3) concerned responsible citizens where the violation occurred. sexual exploitation. pornography. or trading them to engage in prostitution. or material. any person or. .594 c. (b) To introduce or match for money. transport. use. 27 Sec. natural or juridical. or receive a person by any means. for marriage for the purpose of acquiring. subject or seller/distributor is below twelve (12) years of age. 6955.It shall be unlawful for any person. including those done under the pretext of domestic or overseas employment or training or apprenticeship. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. 9 595 R. 593 594 Sec. whether live or in video. buying. transfer. the penalty shall be imposed in its maximum period. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. for the purpose of prostitution. as provided for under Republic Act No. provide. offering. scene. sexual exploitation. real or simulated. to commit any of the following acts: (a) To recruit. (c) To offer or contract marriage. slavery.A. pornography. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. forced labor or slavery. induce or coerce a child to perform in obscene exhibitions and indecent shows. involuntary servitude or debt bondage. offering. act. pornography. harbor. any Filipino woman to a foreign national.

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. broadcast or distribute. by means of threat or use of force. territorial boundaries and seaports who are in possession of unissued. . 4 192 . pornography or sexual exploitation. broadcasting or distribution by any means. assist or help in the exit and entry of persons from/to the country at international and local airports. publish. coercion. sexual exploitation.596 II. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies. use or allow to be used any house. print and issue or distribute unissued. deceit. adopt. (e) To facilitate. transport or abduct a person. fraud. (e) To maintain or hire a person to engage in prostitution or pornography. publication. violence. including the use of information technology and the internet.The following acts which promote or facilitate trafficking in persons. involuntary servitude or debt bondage. print. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. (f) To confiscate. or intimidation for the purpose of removal or sale of organs of said person. travel documents. flyer. building or establishment for the purpose of promoting trafficking in persons. or destroy the passport. tampered or fake counseling certificates. or any propaganda material that promotes trafficking in persons. shall be unlawful: (a) To knowingly lease or sublease. Acts that Promote Trafficking in Persons. of any brochure. forced labor. (b) To produce. (c) To advertise. hire. and (h) To recruit. and 596 Sec. or cause the advertisement. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons. printing. (g) To recruit. conceal. slavery. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons. pornography. transport or adopt a child to engage in armed activities in the Philippines or abroad.

becomes insane. or slavery. involuntary servitude or debt bondage. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. the labor or services of a person held to a condition of involuntary servitude. financial or otherwise. It is deemed committed in large scale if committed against three (3) or more persons.(g) To knowingly benefit from. pornography. 193 . Qualified Trafficking in Persons. 5. parent. 6. 8043. or in large scale. (d) When the offender is an ascendant. slavery. (b) When the adoption is effected through Republic Act No. and (g) When by reason or on occasion of the act of trafficking in persons. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. forced labor. sibling. (f) When the offender is a member of the military or law enforcement agencies. 598 597 598 Sec. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.597 III. (c) When the crime is committed by a syndicate. individually or as a group. sexual exploitation. (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. . the offended party dies. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Sec.The following are considered as qualified trafficking: (a) When the trafficked person is a child. or make use of. forced labor.

(c) Attempting to cause the woman or her child physical harm. or solely controlling the conjugal or common money. (d) Placing the woman or her child in fear of imminent physical harm. This shall include. but not be limited to. or properties. (3) Depriving or threatening to deprive the woman or her child of a legal (4) Preventing the woman in engaging in any legitimate profession. occupation. (h) Engaging in purposeful. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in. or intimidation directed against the woman or child. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. the following acts: 599 R. or deliberately providing the woman's children insufficient financial support. (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. or reckless conduct.A. but not limited to. Anti-Violence against Women and their Children Act of 2004 599 i) Punishable acts (a) Causing physical harm to the woman or her child. physical or other harm or threat of physical or other harm. 9262 194 . knowing. personally or through another. physical harm. by force or threat of force. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. right. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. or through intimidation directed against the woman or her child or her/his immediate family. This shall include. (b) Threatening to cause the woman or her child physical harm. that alarms or causes substantial emotional or psychological distress to the woman or her child.d. the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family. business or activity or controlling the victim's own mon4ey or properties.

(1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children. 600 e. Anti-Sexual Harassment Act of 1995 601 i) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee’s rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed:
600 601

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195

(1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act 602.

602

Sec. 3.

196

12. Crimes Against Civil Status Crimes Elements

Simulation of births, substitution a. Child is baptized or registered in the Registry of of one child for another, and birth as hers concealment or abandonment of a legitimate child603 b. Child loses its real status and acquiires a new one c. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation.604 Usurpation of civil status605 a. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. b. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. c. Committed by asuming the filiation, or the parental or conjugal rights of another. d. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs. Bigamy606
603

a. Offender has been legally married.

Art. 347 Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status 604 Elements of Simulation of Birth 605 Art. 348 606 Art. 349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party A simulated marriage is not marriage at all and can be used as a defense for bigamy

197

b. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. c. He contracts a second or subsequent marriage. d. The second or subsequent marriage has all the essential requisites for validity. Marriage contracted provisions of laws607 against a. Offender contracted marriage. b. He knew at the time that 1. the requirement of the law were not complied with, or 2. the marriage was in disregard of a legal impediment. Premature marriage608 a. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death b. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation. Performance of illegal marriage a. Performance of any illegal marriage ceremony by a ceremony609 priest or minister of any religious denomination or sect or by civil authorities
There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage st Failure to exercise due diligence to ascertain the whereabouts of the 1 wife is bigamy through reckless imprudence A judicial declaration of the nullity of a marriage void ab initio is now required One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice 607 Art. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud 608 Art. 351 609 Art. 352

198

exhibits or causes the publication or exhibition of any defamation in writing or similar means. or of a Art. 354) Kinds of privileged communication: a. Otherwise . But the publication need not refer by name to the libeled party. There must be an imputation of a crime. Fair and true report. Exception: a. where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. if his office is in the City of Manila . if no good intention and justifiable motive for making it is shown. where the libelous article is printed and 1st published or b. or to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. Editor or business manager of a daily newspaper magazine or serial publication d. without any comments and remarks Persons responsible for Libel (Art.city/province where the article is printed and 1st published b. made in good faith. There are as many crimes as there are persons defamed. Private communication in performance of legal. virtue or reputation.RTC of Manila OR .13. Crimes Against Honor Crimes Libel610 610 Elements a. To presume publication there must be a reasonable probability that the alleged a libelous matter was rd thereby exposed to be read or seen by 3 persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses. or are sufficient to impeach their honesty. Owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) Venue of criminal and civil action for damages in cases of written defamation: a. Requirement of publicity (Art. b.RTC of the city/province where he held office at the time of offense OR 199 . real or imaginary or any act. A person who publishes. condition. or to blacken the memory of one who is dead Kinds of malice: (a) malice in law. 360) a. commission.Qualifiedly privileged – those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true. moral or social duty b. or a vice or defect. status or circumstances tending to cause the dishonor. 353 Libel is a public and malicious imputation of a crime. discredit or contempt of a natural or juridical person. Author or editor of a book or pamphlet c. If not named it must be shown that the description of the person referred to in the defamatory publication rd was sufficiently clear so that at least a 3 person would have identified the plaintiff. Absolutely privileged – not actionable even if the actor has acted in bad faith b.

status. To be classified as such it must be free from malice. such character was lost when it was published (Lacsa v IAC) 200 . He wrote to the BOD and to Marquez. . Offender is a reporter. Libel by means of writing or Enumerates the means by which libel may be similar means611 committed: writing. 357 Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. He publishes facts connected with the private life of another.where the article is 1st published Where one of the offended parties is a private individual: . engraving. The imputation must be directed at a natural or juridical person. real or imaginary. omission. discredit or contempt of the person defamed. HELD: Letter is not privileged communication. The imputation must tend to cause the dishonor. written out of a duty of an officer towards the members. c. virtue and reputation of said person. lithography. 614 Art. daily or magazine. printing. Threatening to publish libel and Clearly. editor or manager of a referred to in the course of official newspaper. d. painting. The imputation must be made publicly. b. 356 613 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356). It must be malicious. just a case of blackmail. He caused to publish the second letter. e. or any act. c. condition. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. Such facts are offensive to the honor. radio phonograph. theatrical or cinematographic exhibitions or any similar means. or circumstances. Granting that the letter was privileged communication.RTC of province/city where he actually resides at the time of the crime . 355 612 Art.vice or defect.613 offer to prevent such publication for a compensation612 Prohibited publication of acts a.where article was printed or 1st published 611 Art. proceedings614 b. or one who is dead.

etc. 363. perjurious b. Such act he directly incriminates or imputes to an innocent person the commission of a crime. Two (2) Kinds: a. discredit or contempt upon the offended party. 615 Art. oral defamation is committed Seriousness depends on the social standing of offended party. Such act is performed in the presence of other person or persons. 358 Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant.Oral defamation/slander615 a. Offender performs any act not included in any other crime against honor. light insult or defamation – not serious in nature617 Slander by deed618 a. 616 grave slander 617 simple slander 618 Art. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. planting evidence This article is limited to planting evidence and the like 201 . the occasion. the circumstances surrounding the act. Offender performs an act. Such act casts dishonor. b. making a statement which is i. c. b. This article is a limitation to the defense of privileged communication. action of a serious and insulting nature616 b. 619 Art. Incriminating innocent person619 a. defamatory or ii. 359 Libelous remarks (Art.

Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel under Article 355 of the Revised Penal Code. or otherwise be contrary to the imperative of justice. 620 Art. determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. work violence on the social order. Such act does not constitute perjury. and taking into consideration the peculiar circumstances of each case. a. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot.c. Committed by saying to others an unattributable thing. Should only a fine be imposed and the accused be unable to pay the fine. in the exercise of sound discretion. Intriguing against honor620 Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. if said to the person himself it is slander 202 . there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment. The Judges concerned may.

by the negligence of another. have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver. Abandoning usually punishable under Art 275. degree of intelligence. time and place. only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not defeat the action if it be shown that the accused might. other circumstances regarding persons. c. physical condition. There is lack of precaution on the part of the offender. Contributory negligence—not a defense. Criminal Negligence Reckless imprudence621 a. Offender does or fails to do an act. taking into consideration 1. d. is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice. Art. The damage impending to be caused in not immediate or the danger is not clearly manifest. b. b. who. 203 . his employment or occupation 2. 621 622 Art. e.14. Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. by the exercise of reasonable care and prudence. Without malice. Simple imprudence622 a. There is inexcusable lack of precaution on the part of the offender. The doing of or the failure to do that act is voluntary. if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Material damage results. 365 ibid.64 on mitigating and aggravating circumstances not applicable. and 3.

II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January 31. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. Excluded Topics A. III. B. 204 . Penalties of Specific Crimes. 2012.

resentment. Third. defined in Title One of Book Two of this Code. 3. Should commit an offense while on a Philippine ship or airship. piracy. that the one making defense had no part therein.The following do not incur any criminal liability: 1. 205 .. its interior waters and Maritime zone. or other evil motive. but also outside of its jurisdiction. in case the provocation was given by the person attacked. the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. Second. and illegal use of public funds.g. provided that the first and second requisites prescribed in the next preceding circumstance are present. Any one who acts in defense of the person or rights of his spouse. mutiny. 4. provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge. Reasonable necessity of the means employed to prevent or repel it. against those who: 1. unless the latter should specially provide the contrary. ascendants.) 5. and violation of neutrality) Art. or legitimate. Should commit any crimes against the national security and the law of nations. 2. espionage. Lack of sufficient provocation on the part of the person defending himself. descendants. or (Some of these crimes are bribery.REFERENCE Revised Penal Code Art. and the further requisite. e. Anyone who acts in defense of the person or rights of a stranger. First. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number. Article 11. fraud against national treasury. While being public officers or employees. Unlawful aggression. . and those by consanguinity within the fourth civil degree. 2. malversation of public funds or property. Anyone who acts in defense of his person or rights. This Code shall be supplementary to such laws. 10. Except as provided in the treaties and laws of preferential application. 2. Justifying circumstances. should commit an offense in the exercise of their functions. natural or adopted brothers or sisters. 3. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands. A judge who accepts a bribe while in Japan. (These crimes include treason. Offenses not subject to the provisions of this code. provided that the following circumstances concur. or of his relatives by affinity in the same degrees.

2. First. 7. An imbecile or an insane person. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). 6. in order to avoid an evil or injury. Article 12. Any person who acts under the compulsion of irresistible force. . That the evil sought to be avoided actual exists. Any person who. the court. Any person who acts in obedience to an order issued by a superior for some lawful purpose. which he shall not be permitted to leave without first obtaining the permission of the same court. 3. such minor shall be proceeded against in accordance with the provisions of article 80 of this Code. otherwise. when prevented by some lawful insuperable cause. A person under nine years of age. in which case. 5. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.The following are exempt from criminal liability: 1. does an act which causes damage to another. unless he has acted with discernment.4. Any person who fails to perform an act required by law. in conformity with the provisions of this and the preceding paragraph. 206 . Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. unless the latter has acted during a lucid interval. That the injury feared be greater than that done to avoid it. Second. causes an injury by mere accident without fault or intention of causing it. A person over nine years of age and under fifteen. That there be no other practical and less harmful means of preventing it. Circumstances which exempt from criminal liability. shall commit him to the care and custody of his family who shall be charged with his surveillance and education. provided that the following requisites are present. he shall be committed to the care of some institution or person mentioned in said article 80. 5. while performing a lawful act with due care. 4. When such minor is adjudged to be criminally irresponsible. Any person who. Third. 6.

descendants.The following are aggravating circumstances: 1. . That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank. 8. 5. any other circumstance of a similar nature and analogous to those above mentioned.Article 13. That the offender is under eighteen years of age or over seventy years. he shall be proceeded against in accordance with the provisions of article 80. or sex. Those mentioned in the preceding chapter. defense. or that it be committed in the dwelling of the offended party. 4. if the latter has not given provocation. 4. In the case of the minor. 6.The following are mitigating circumstances: 1. ascendants. . That the act be committed with abuse of confidence or obvious ungratefulness. And. or communication with his fellow beings. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. That advantage be taken by the offender of his public position. That the offender is deaf and dumb. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. age. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse. 2. 7. Article 14. 3. or where public authorities are engaged in the discharge of their duties. natural or adopted brothers or sisters or relatives by affinity within the same degrees. 5. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. blind or otherwise suffering some physical defect which thus restricts his means of action. That the offender had no intention to commit so grave a wrong as that committed. or in his presence. 2. or in a place dedicated to religious worship. That sufficient provocation or threat on the part of the offended party immediately preceded the act. That the offender had voluntarily surrendered himself to a person in authority or his agents. Mitigating circumstances. Aggravating circumstances. That the crime be committed in the palace of the Chief Executive. legitimate. 9. 10. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. finally. 207 . 3. That the crime be committed in contempt of or with insult to the public authorities.

That as a means to the commission of a crime a wall. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. or means be employed to weaken the defense. methods. or by the use of any other artifice involving great waste and ruin. derailment of a locomotive. That the accused is a recidivist. 208 . earthquake. epidemic. 18. That the crime be committed in consideration of a price. That the crime be committed with the aid of armed men or persons who insure or afford impunity. or by a band. A recidivist is one who. employing means. door. 11. 8. Whenever more than three armed malefactors shall have acted together in the commission of an offense. fire. 12. That craft. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. 17. fraud. roof. That advantage be taken of superior strength. shipwreck. 19. or promise. That the act be committed with evident premeditation. or window be broken.6. That the crime be committed after an unlawful entry. without risk to himself arising from the defense which the offended party might make. it shall be deemed to have been committed by a band. 10. or other calamity or misfortune. That the crime be committed on the occasion of a conflagration. or in an uninhabited place. at the time of his trial for one crime. 9. or forms in the execution thereof which tend directly and specially to insure its execution. That the crime be committed by means of inundation. 13. 14. That the crime be committed in the nighttime. explosion. reward. 16. There is treachery when the offender commits any of the crimes against the person. whenever such circumstances may facilitate the commission of the offense. That the act be committed with treachery (alevosia). stranding of a vessel or intentional damage thereto. or disguise be employed. 15. 7. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. floor. poison. shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Article 18. or is known to be habitually guilty of some other crime. 2. 2. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles. or the effects or instruments thereof.Accomplices are those persons who. (As amended by Rep. natural. legitimate. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Act No. descendant. or other similar means. . They are the relationship. Principals. cooperate in the execution of the offense by previous or simultaneous acts. take part subsequent to its commission in any of the following manners: 1. having knowledge of the commission of the crime. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication. if the same is not habitual or subsequent to the plan to commit said felony. By concealing or destroying the body of the crime.20. for crimes or offenses punishable by light 209 . it shall be considered as an aggravating circumstance. ascendant. either as principals or accomplices. or assisting in the escape of the principals of the crime. murder. Their concept. 5438.The following are considered principals: 1. 3. By profiting themselves or assisting the offender to profit by the effects of the crime. 1968. or an attempt to take the life of the Chief Executive.) 21. provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. in order to prevent its discovery. . or relative by affinity in the same degrees of the offender. or adopted brother or sister. — Accessories are those who. and without having participated therein. concealing.Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. . Article 17. intoxication and the degree of instruction and education of the offender. By harboring. Accomplices.Accessories. Those who directly force or induce others to commit it. 19. motorized watercraft. 9. Those who take a direct part in the execution of the act. approved Sept. parricide. but when the intoxication is habitual or intentional.The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours. Article 125. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse. not being included in article 17. Article 15. airships. Delay in the delivery of detained persons to the proper judicial authorities. . Art. 3.

and any other person guilty of corruption of minors for the benefit of another. guardians. Liability of ascendants. or other persons entrusted with the custody of the offended party. Discharge of accused to be state witness. upon motion of the prosecution before resting its case. shall cooperate as accomplices in the perpetration of the crimes embraced in chapters.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth. or shall inflict upon them any serious physical injury. or their equivalent. 17. Death or physical injuries inflicted under exceptional circumstances. shall be punished by special disqualification from filling the office of guardian. (b) The is no other direct evidence available for the proper prosecution of the offense committed. In every case. 346. and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. shall be punished as principals. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. Evidence adduced in support of the discharge shall automatically form part of the trial. Art. If the court denies the motion for discharge of the accused as state witness. Any person falling within the terms of this article. (d) Said accused does not appear to be the most guilty. eighteen (18) hours. — When two or more persons are jointly charged with the commission of any offense. (9a) 210 . or their equivalent. by abuse of authority or confidential relationships. and thirty-six (36) hours.penalties. Art. except the testimony of said accused. his sworn statement shall be inadmissible in evidence. third and fourth. — The ascendants. 247. or their equivalent. for crimes or offenses punishable by correctional penalties. curators. teachers and any person who. guardians. teachers. shall suffer the penalty of destierro. for crimes or offenses punishable by afflictive or capital penalties. of this title. (c) The testimony of said accused can be substantially corroborated in its material points. Revised Rules of Criminal Procedure Sec. shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. shall kill any of them or both of them in the act or immediately thereafter. to communicate and confer at any time with his attorney or counsel. second. the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when. . having surprised his spouse in the act of committing sexual intercourse with another person. . the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested. Any legally married person who. after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge.

000.000. regardless of the quantity and purity involved. cultivate. produce.000. test.000. who.00) to Ten million pesos (P10. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Dive or Resort. Apparatus.. xx Section 11. pack. dive or resort.00) to Ten million pesos (P10. dispense. deliver.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.The Comprehensive Dangerous Drugs Act of 2002 +Section 4.The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500. who.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. . give away to another.000.00) to Ten million pesos (P10. Instrument. convert. apparatus and other paraphernalia for dangerous drugs. compound.00) shall be imposed upon any person. . Manufacture or Delivery of Equipment. and (b) Any person who.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. shall possess any dangerous drug in the following quantities.000. or shall act as a broker in any of such transactions. regardless of the degree of purity thereof: (1) 10 grams or more of opium. shall sell.000.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000.The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100. analyze. not being included in the provisions of the next preceding. Employees and Visitors of a Den. . Maintenance of a Den.000. who.000. decorative and culinary purposes. 211 . prepare. process.000. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.00) shall be imposed upon any person.000. instrument. including any and all species of opium poppy regardless of the quantity and purity involved. shall engage in the manufacture of any dangerous drug. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Delivery.00) shall be imposed upon any person who shall deliver. .000.000. shall import or bring into the Philippines any dangerous drug.00) to Five hundred thousand pesos (P500. Dispensation. repack. Xxx Section 7. Possession of Dangerous Drugs. Trading. grow. unless authorized by law. trade. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500. is aware of the nature of the place as such and shall knowingly visit the same +Section 8. Dive or Resort. Xxx +Section 10.000. who is aware of the nature of the place as such. possess with intent to deliver. harvest. administer.00) to Five hundred thousand pesos (P500. Sale.00) shall be imposed upon any person. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. unless authorized by law.00) shall be imposed upon any person or group of persons who shall maintain a den. dive or resort where any dangerous drug is used or sold in any form. .00) to Ten million pesos (P10.00) shall be imposed upon any person. or under circumstances where one reasonably should know. xxx +Section 6.000.00) to Ten million pesos (P10. (2) 10 grams or more of morphine. distribute dispatch in transit or transport any dangerous drug. .00) shall be imposed upon: (a) Any employee of a den. store. paragraph.000. that it will be used to plant. manufacture. xxx +Section 5. Administration. unless authorized by law. or manufacture with intent to deliver equipment. knowing. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. propagate.000.000. who. unless authorized by law.

Possession of Equipment. during parties. apparatus and other paraphernalia fit or intended for smoking.00) shall be imposed upon any person.(3) 10 grams or more of heroin.00) to Two hundred thousand pesos (P200. The possession of such equipment. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10. or in the proximate company of at least two (2) persons. or introducing any dangerous drug into the body: Provided. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements. instrument. Possession of Dangerous Drugs During Parties. he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50. Social Gatherings or Meetings. unless authorized by law.The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person. the Board shall prescribe the necessary implementing guidelines thereof. Possession of Equipment.000. instrument. xxx Section 12. who is found to be positive for use of any dangerous drug. ingesting. shall suffer the maximum penalties provided for in Section 11 of this Act. Instrument. ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. regardless of the quantity and purity of such dangerous drugs. 212 . Section 15. lysergic acid diethylamine (LSD). That in the case of medical practitioners and various professionals who are required to carry such equipment. and those similarly designed or newly introduced drugs and their derivatives. administering. injecting. – A person apprehended or arrested. . paramethoxyamphetamine (PMA). consuming. (7) 500 grams or more of marijuana. and (8) 10 grams or more of other dangerous drugs such as. trimethoxyamphetamine (TMA). or introducing any dangerous drug into the body. consuming. or in the proximate company of at least two (2) persons. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked. gamma hydroxyamphetamine (GHB). or at a social gathering or meeting.00): Provided. apparatus and other paraphernalia in the practice of their profession. after a confirmatory test. consumed. instrument. (5) 50 grams or more of methamphetamine hydrochloride or "shabu". injecting. in which case the provisions stated therein shall apply.000. Section 14. who.000. subject to the provisions of Article VIII of this Act. That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act. but not limited to. Social Gatherings or Meetings. who shall possess or have under his/her control any equipment. administering. If apprehended using any dangerous drug for the second time. (4) 10 grams or more of cocaine or cocaine hydrochloride.000. Instrument. administered to himself/herself. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. apparatus and other paraphernalia fit or intended for smoking. Article XI of this Act. methylenedioxymethamphetamine (MDA) or "ecstasy". social gatherings or meetings. Apparatus and Other Paraphernalia for Dangerous Drugs. +Section 13. Use of Dangerous Drugs. shall possess or have under his/her control any equipment. (6) 10 grams or more of marijuana resin or marijuana resin oil. instrument. injected.00) to Fifty thousand pesos (P50. ingesting. as determined and promulgated by the Board in accordance to Section 93. – Any person found possessing any dangerous drug during a party.

. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. who.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.00) to Ten million pesos (P10. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. or its equivalent under special laws. opium poppy or any other plant regardless of quantity. The Department may call upon any department. Unlawful Prescription of Dangerous Drugs.000.000. culture. handling. Admission into the Program. Section 3.00) shall be imposed upon any person. . cultivate or culture marijuana. c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he 213 . Name of Act. AN ACT PROVIDING FOR A WITNESS PROTECTION. through its Secretary. may be admitted into the Program: Provided.000.This Act shall be known as the "Witness Protection.lawphi1Ÿ b) his testimony can be substantially corroborated in its material points. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. unless authorized by law. or for the creation of new types of medicine. Section 2.The Department of Justice. or materials of such dangerous drugs for medical experiments and research purposes. 6981) Section 1. Implementation of Program.000.+ Section 16. experimentation and disposal of such plants and materials.000. That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code. SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No. the Board shall prescribe the necessary implementing guidelines for the proper cultivation. hereinafter referred to as the Department.Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body. or before any investigating authority. That in the case of medical laboratories and medical research centers which cultivate or culture marijuana.000.00) to Ten million pesos (P10. opium poppy and other plants. bureau. pursuant to and consistent with the provisions of this Act. Section 19.00) shall be imposed upon any person. who shall plant. office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance. hereinafter referred to as the Program. Security and Benefit Program". . . shall formulate and implement a "Witness Protection. Security and Benefit Act". which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided.

For purposes of this Act. . because or on account of his testimony. or evasively. harassed or corrupted to prevent him from testifying. That before terminating such protection. forced. Witness in Legislative Investigations. and thereafter issue the proper certification. Breach of the Memorandum of Agreement.Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided. That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives. even if he would be testifying against the other law enforcement officers. If the Department. and f) to regularly inform the appropriate program official of his current activities and address. require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime. is convinced that the requirements of this Act and its implementing rules and regulations have been complied with. stating therein the reason for such termination. however. . b) to avoid the commission of the crime. and d) he is not a law enforcement officer. 214 . Memorandum of Agreement With the Person to be Protected.In case of legislative investigations in aid of legislation. with his express consent. as the case may be. it shall admit said applicant to the Program. d) to comply with legal obligations and civil judgments against him. the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act. . after examination of said applicant and other relevant facts. or to testify falsely.1awphi1© Section 6. Section 5. e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act.lawphi1Ÿ c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act. In such a case. a witness. any such person admitted to the Program shall be known as the Witness.Before a person is provided protection under this Act. only the immediate members of his family may avail themselves of the protection provided for under this Act. Section 4. he shall first execute a memorandum of agreement which shall set forth his responsibilities including: a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in the offense charged.will be killed. may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor: Provided. intimidated.

or at any such institution at the expense of the Program. clinic.All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. That his employer is notified through a certification issued by the Department. the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program. (e) To be provided with free medical treatment. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. including legislative investigations in aid of legislation. (d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court. any fraction of a day shall constitute a full day salary or wage. intimidation or harassment disappears or is reduced to a manageable or tolerable level. as well as conferences and interviews with prosecutors or investigating officers. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. Rights and Benefits. assist the Witness in obtaining a means of livelihood. . This provision shall be applicable to both government and private employees. That in the case of prolonged transfer or permanent relocation. hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital. When the circumstances warrant. 215 . the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment.The witness shall have the following rights and benefits:ITCALF (a) To have a secure housing facility until he has testified or until the threat. For purposes of this Act. . Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. within a period of thirty (30) days from the date when the Witness last reported for work: Provided. further. body or authority where his testimony is required. (b) The Department shall. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial body or investigating authority. Confidentiality of Proceedings. in going thereto and in coming therefrom: Provided. Section 8. whenever practicable. Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program.Section 7.

00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. Sworn Statement. Section 9. except for impeachment purposes.000. because of his participation in the Program.In any case where a Witness admitted into the Program shall testify.Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. . it may admit such person into the Program and issue the corresponding certification. If his application for admission is denied. and (f) he has not at any time been convicted of any crime involving moral turpitude. college or university as may be determined by the Department. the Department is satisfied that the requirements of this Act and its implementing rules are complied with. . . his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10. or private school. (b) there is absolute necessity for his testimony. If after said examination of said person. from primary to college level in any state. Section 11. State Witness. (g) In case of death or permanent incapacity. 216 . Nothing in this Act shall prevent the discharge of an accused. Speedy Hearing or Trial. his minor or dependent children shall be entitled to free education. the judicial or quasi-judicial body. shall be admitted into the Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws. so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. as long as they shall have qualified thereto. can apply and. if qualified as determined in this Act and by the Department. said sworn statement and any other testimony given in support of said application shall not be admissible in evidence. or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. (e) he does not appear to be most guilty. (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Section 10.(f) If a Witness is killed. his sworn statement and other relevant facts.Any person who has participated in the commission of a crime and desires to be a witness for the State.

records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment. give evidence or produce the books. records. Moreover. Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof. purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings.Section 12. with the prior approval of the department. and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation. documents. In case of refusal of said Witness to testify or give evidence or produce books. as determined in a hearing by the proper court. . . The Witness may. The Court shall order the discharge and exclusion of the said accused from the information. documents. his immunity shall be removed and he shall be subject to contempt or criminal prosecution. on the ground of the right against self-incrimination. If a State Witness fails or refuses to testify. the enjoyment of all rights and benefits under this Act shall be deemed terminated.No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act.The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein. and writings described. or testifies falsely or evasively. to petition the court for his discharge in order that he can utilized as a State Witness.Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so. matter or thing concerning his compelled testimony or books. The penalty next higher in degree shall be imposed in case of conviction for perjury. he shall be liable to prosecution for perjury. The court. Perjury or Contempt. . . shall be prosecuted for contempt. Compelled Testimony. If he testifies falsely or evasively. Section 13. Section 15. records and writings produced. shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify. shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence. upon motion of the state prosecutor or investigator. documents.Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books. documents. he. Failure or Refusal of the Witness to Testify. Section 14. and the court shall issue the proper order. Effect of Admission of a State Witness into the Program. however. or writings. or violates any condition accompanying such immunity without just cause. 217 . records.

All laws. . or (e) performing and enjoying the rights and benefits under this Act or attempts to do so. (c) seeking the arrest of another person in connection with the offense. (d) causing a criminal prosecution. or a proceeding for the revocation of a parole or probation. Repealing Clause.000.Section 16. Effectivity.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year. Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused. parole. (b) reporting to a law enforcement officer or judge the commission or possible commission of an offense.The amount of Ten million pesos (P10.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act. . or both. . Separability Clause.The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. Penalty for Harassment of Witness. or a violation of conditions or probation. delays. prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority. Section 22. or release pending judicial proceedings. Credibility of Witness. Section 20. Furthermore. shall be fined not more than Three thousand pesos (P3.000. subject to the limitations of the law. . and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. 218 . Rules and Regulations. Section 18. rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. Section 21. decrees. . Section 17. Funding. . other funding schemes or sources. Section 19.The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof. executive issuances. Said rules and regulations shall be published in two (2) newspapers of general circulation. the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. .000.Any person who harasses a Witness and thereby hinders.This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation. shall be allowed in furtherance hereof.In all criminal cases.

Suspension of Sentence and Commitment of Youthful Offender. 603. the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian. the court. the DSWD. the child's nearest relative. unless it is contrary to the best interest of the child. 219 . upon application of the youthful offender if it finds that the best interest of the public as well as that of the offender will be served thereby. the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No.Upon effectivity of this Act. 64. otherwise . If the parents. or in the event that the parents will not comply with the prevention program. Children in Conflict with the Law Fifteen (15) Years Old and Below.A. Upon receipt of the application of the youthful offender for suspension of his sentence. cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. The Child and Youth Welfare Code. Such officer. . the court should find that the youthful offender has committed the acts charged against him. or if they refuse to take custody. or for a shorter period as the court may deem proper. SEC. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned. the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. including any civil liability chargeable against him. or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age. instead of pronouncing judgment of conviction. 603. may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare. the child may be released to any of the following: a duly registered nongovernmental or religious organization. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released.If it has been determined that the child taken into custody is fifteen (15) years old or below. after considering the reports and recommendations of the Department of Social Welfare or the government training institution or responsible person under whose care he has been committed. neglected or abused by his parents. or when and where appropriate. 9344) Section 20. Juvenile Justice and Welfare Act of 2006 (R. or refer the child to prevention programs as provided under this Act. or in the absence thereof. Children Below the Age of Criminal Responsibility. However. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe. the court shall determine the imposable penalty. a local social welfare and development officer. shall determine whether to release the child to the custody of his/her parents. upon thorough assessment of the child. 1179 Art.The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment. as amended by Presidential Decree No.known as "The Child and Youth Welfare Code". If after hearing the evidence in the proper proceedings. guardians or nearest relatives cannot be located. 192. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC).Presidential Decree No. .

SEC. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding. 7. SEC. 220 . 3. provincial or regional official of a Human Rights Commission or judge of the municipal. association. In lieu of the death penalty. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. . Surveillance of Suspects and Interception and Recording of Communications. SEC. intercept and record. as amended. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided. Provided. That surveillance. or with the use of any other suitable ways and means for that purpose. discussion. or (b) the penalty of life imprisonment. regional trial court. executive orders and decrees. 2.A. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. Eight Thousand One Hundred Seventy-Seven (R. Person convicted of offenses punished with reclusion perpetua. with the use of any mode. 9372) SEC. whose connection with the terror attack or threat is not established. 4180. however. or whose sentences will be reduced to reclusion perpetua.In the event of an actual or imminent terrorist attack.A.Act Prohibiting the Imposition of Death Penalty in the Philippines (R. Human Security Act of 2007 (R. 8177). journalists and their sources and confidential business correspondence shall not be authorized. Seven Thousand Six Hundred Fifty-Nine (R. Sundays. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. That nothing herein shall limit the power of the President to grant executive clemency under Section 19. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. That within three days after the detention the suspects. the following shall be imposed. shall be released immediately. SEC. No. interception and recording of communications between lawyers and clients. a police or law enforcement official and the members of his team may. however. otherwise known as the Death Penalty Law. 4. and all other laws. 7659). Provided. 19. -The provisions of Republic Act No. otherwise known as the Indeterminate Sentence Law. conversation. listen to. Republic Act No. Period of Detention in the Event of an Actual or Imminent Terrorist Attack.A. holidays or after office hours.A. form. suspects may not be detained for more than three days without the written approval of a municipal. Republic Act No. Accordingly. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. by reason of this Act. city. If the arrest is made during Saturdays. upon a written order of the Court of Appeals. or spoken or written words between members of a judicially declared and outlawed terrorist organization. otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. insofar as they impose the death penalty are hereby repealed or amended accordingly. No. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon. (a) the penalty of reclusion perpetua. any communication. shall not be eligible for parole under Act No. Article VII of the Constitutions. The imposition of the penalty of death is hereby prohibited. 9346) SECTION 1. message. doctors and patients.

trust accounts.P. Apparently.. association. In the recent case of Rosa Lim v.P. the same philosophy underlying the Indeterminate Sentence Law is observed. Mendoza. and (b) gather or cause the gathering of any relevant information about such deposits. although mistakenly that they had not committed a violation of B. In justification thereof. the deposits. 1. 12-2000 February 21. Blg. 18 September 2000). 22 Section 1 of B. BLG.P. . 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the check. or group of persons. In this case. when so. or cause the examination of. trust accounts. and concluded that “such would best serve the ends of criminal justice. we believe that a fine in an amount equal to double the amount of the check involved is an appropriate penalty to impose on each of the petitioners. ordered by and served with the written order of the Court of Appeals. the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or. 27. and records from a bank or financial institution.000. 22) ADMINISTRATIVE CIRCULAR NO. R. 2001 RE : PENALTY FOR VIOLATION OF B. i. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check. or group of persons. 1405 as amended. Court of Appeals (G.” All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter of the imposition of penalties for violations of B. 130038. namely. 22. the Supreme Court en banc.000. Blg. conspiracy to commit terrorism. that of redeeming valuable human material and preventing unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the social order. 16 November 1998.P. shall not refuse to allow such examination or to provide the desired information. to the contrary notwithstanding. par. The bank or financial institution concerned. Blg. placements. Judicial Authorization Required to Examine Bank Deposits.P.P. Justice V. assets and records in a bank or financial institution. they brought this appeal.SEC. and Records. 298 SCRA 656. modified the sentence imposed for violation of B.e. the Court said: Petitioners are first-time offenders. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1. The Court 221 . (2) of a judicially declared and outlawed terrorist organization. they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term. Otherwise. which fine shall in no case exceed P200. 131714. and (3) of a member of such judicially declared and outlawed organization. Blg.The provisions of Republic Act No. In its decision in Eduardo Vaca. or both such fine and imprisonment at the discretion of the court.P. P200.R. association. believing in all good faith. No. People of the Philippines (G. 664) the Supreme Court (Second Division) per Mr. v. Accounts. 22. placements. 22. Bouncing Checks Law (B. may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine. They are Filipino entrepreneurs who presumably contribute to the national economy. No. Blg. assets. applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B.

or otherwise be contrary to the imperatives of justice. This Administrative Circular. 298 SCRA 656) and Rosa Lim v.P. 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. In particular. 22. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B.P. 13-2001 February 14. Blg. 131714.P. 16 November 1998. TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B. 12-2000 is not to remove imprisonment as an alternative penalty. and taking into consideration the peculiar circumstances of each case. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence.Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. No. 130038. 22. Blg. 12-2000 ought not be deemed a hindrance. referred to and approved by the Supreme Court en banc. 222 . 12-2000 adopted the rulings in Eduardo Vaca v. 22. 22. The Judges concerned may. shall take effect upon its issuance. 22. queries have been made regarding the authority of Judges to: 1. in the exercise of sound discretion. 2. Needless to say. Thus.P. the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. therefore. Court of Appeals (G. is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. ADMINISTRATIVE CIRCULAR NO. 12-2000 establishes a rule of preference in the application of the penal provisions of B.R. understood that: 1. No. but to lay down a rule of preference in the application of the penalties provided for in B. Neither does it defeat the legislative intent behind the law. People of the Philippines (G. Blg. 2001.P. Administrative Circular No. The clear tenor and intention of Administrative Circular No. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. Blg. OTHERWISE KNOWN AS THE BOUNCING CHECK LAW. determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense. Blg. 22. Administrative Circular No. Blg. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. Should the Judge decide that imprisonment is the more appropriate penalty. and 2. the imposition of a fine alone should be considered as the more appropriate penalty.R. work violence on the social order. It is.

The issuance of this Administrative Circular was authorized by the Court En Banc in A. 00-11-01-SC at its session of 13 February 2001. there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment. Should only a fine be imposed and the accused be unable to pay the fine. 223 .M.3. No.