This action might not be possible to undo. Are you sure you want to continue?
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 Mala prohibita
Violations of the Revised Penal Violations of special laws.3 Code
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.
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
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.
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
Non-imposition of cruel and unusual punishment or excessive fines Bill of attainder
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.
Ex post facto law
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
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 intent; with Culpable
deliberate 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 The offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; Consummated All the necessary execution present.12 elements for its are
According to their gravity
Art. 3 Art. 6
Grave Attaches the capital punishment or penalties which in any of their periods are afflictive.
Less grave The law punishes with penalties which in their maximum period was correccional;
Light Infractions of law for the commission of which the penalty is arresto menor.13
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 - one which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.15 d) Stages of Execution16
Art. 9 Art. 4, par. 2 15 1. Offender must believe that he can consummate the intended crime, a man stabbing another who he knew was already dead cannot be liable for an impossible crime. 2. The law intends to punish the criminal intent. 3. There is no attempted or frustrated impossible crime. 16 Requisites: 1. Act would have been an offense against persons or property 2. Act is not an actual violation of another provision of the Code or of a special penal law 3. There was criminal intent 4. Accomplishment was inherently impossible; or inadequate or ineffectual means were employed. see Classification of Felonies, supra. Does not apply in: 1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for. 2. Formal crimes (e.g., slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country, treason, corruption of minors. 5. Felonies by omission 6. Crimes committed by mere agreement. Examples: betting in sports (endings in basketball), corruption of public officers.
e) Conspiracy17 and Proposal
Two kinds of conspiracy: (1) Conspiracy as a crime; and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. This is only true when the law expressly punishes the mere conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. Treason, rebellion, sedition, and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable. When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. On the other hand, if the coconspirator or any of them would execute an overt act, the crime would no longer be the conspiracy but the overt act itself. If the conspiracy is only a basis of criminal liability, none of the co-conspirators would be liable, unless there is an overt act. So, for as long as anyone shall desist before an overt act in furtherance of the crime was committed, such a desistance would negate criminal liability. For as long as none of the conspirators has committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them shall be held liable, unless 1) a co-conspirator was absent from the scene of the crime or 2) he showed up, but he tried to prevent the commission of the crime As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone who did not appear shall be presumed to have desisted. The exception to this is if such person who did not appear was the mastermind. Conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime must be proved beyond reasonable doubt. When the conspiracy is just a basis of incurring criminal liability, however, the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. 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. Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court will not consider the same.
Proposal is unilateral. arson and monopolies and combinations in restraint of trade. coup d’ etat. Conspiracy to commit a. thus. one party makes a proposition to the other. Proposal19 When the person who has decided to commit a felony proposes its execution to some other person or persons. Proposal to commit treason sedition b. He proposes its commission b. A person has decided to more persons to commit a commit a crime crime b. it requires two parties 7 . the crime could be carried out as well. sedition. acting out a common criminal intent. such co-conspirator should be punished as an accomplice only. Proposal to commit rebellion b. rules. Conspiracy to commit treason Crimes f) Multiple Offenders (differences. a conspiracy arises. They decide to commit it to another a. Conspiracy to commit or insurrection rebellion c. such that even without his cooperation. Elemen ts a. There is conspiracy when the offenders acted simultaneously pursuing a common criminal design. conspiracy is bilateral. 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.Conspiracy18 When two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Even though there was conspiracy. 18 Punishable in the following cases: treason. Agreement among 2 or a. if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. rebellion or insurrection. Once the proposal was accepted. effects) Habitual delinquency Recidivism A conspiracy is possible even when participants are not known to each other.
(e) estafa or swindling and (f) falsification. the fourth. If not offset. (a) serious physical injuries. It is a special aggravating circumstance. and The crimes are not specified. an additional penalty shall be imposed depending upon whether it is already the third conviction. (c) robbery. (d) theft. it would only increase the penalty prescribed by law for the crime committed to its maximum period. 8 . Aside from the penalty prescribed by law for the crime committed. (b) less serious physical injuries. The circumstance need not be The circumstance must be alleged in the information. otherwise the court cannot acquire jurisdiction to impose additional penalty. It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. Recidivism is imprescriptible. There is no time limit between the first conviction and the subsequent conviction. At least three convictions are required.Two convictions are enough. it is The crimes are limited enough that they may be specified to: embraced under the same title of the Revised Penal Code. alleged in the information. There is a time limit of not more than 10 years between every convictions computed 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 . the fifth and so on . hence it cannot be offset by any mitigating circumstance.
Reiteracion Recidivism Necessary that offender shall have Enough that final judgment has served out his sentence for the been rendered in the first offense first sentence Previous and subsequent offenses Same title must not be embraced in the same title of the Code Not always circumstance an aggravating Always aggravating Offenders Effects Recidivist – one who at the time of Generic aggravating his trial for one crime. shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. 9 .20 20 It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction.
However. shall be punished by the Basis: Greater perversity of the offender as shown by his inclination to commit crimes Requisites: a.21 Quasi-recidivism – any person who The penalty is raised to the shall commit a felony after having maximum period of the penalty been convicted by final judgment. that both the first and the second offenses are embraced in the same title of the RPC (not special law) d. before beginning to serve such sentence. you disregard whatever penalty for the subsequent crimes committed. If that is the situation. the law considers that somehow he has been reformed but if he. then he becomes a repeater because that means he has not yet reformed. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served. the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. offender is on trial for an offense b. 10 . if there is only a second conviction. again commits another felony which carries a lighter penalty. Even if the penalty for the subsequent crimes committed are lighter than the ones already served. or while serving the same. even if literally. the offender is a repeater. pay attention to the penalty attached to the crime which was committed for the second crime.Reiteracion or habituality – one May be aggravating depending on who has been punished for an the discretion of the court. that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. the offender is already a repeater. When there is a third conviction. However. That is why it is said that reiteracion is not always aggravating. subsequently. prescribed for the new felony. he was previously convicted by final judgment of another crime c. 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 21 In reiteracion. offense to which the law attaches an equal or greater penalty. 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. since there are already two of them subsequently. You will only consider the penalty in reiteracion if there is already a second conviction. repetition is not aggravating.
the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused. 5. 23 Art. the court has no jurisdiction to consider the offender a habitual delinquent.22 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. and a) Upon a third conviction. 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.23 22 When the offender is a recidivist and at the same time a habitual delinquent . 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. no. robbery. 62. being a special or specific aggravating circumstance must be alleged in the information. the total of the two penalties to be imposed upon the offender shall in no case exceed 30 years. 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. is found guilty of any of said crimes a third time or b) Upon a fourth conviction. If it is not alleged in the information and in the course of the trial. theft. the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance. the culprit shall be sentenced to the oftener. After determining the correct penalty for the last crime committed. Notwithstanding. estafa or falsification. an added penalty will be imposed in accordance with Article 62. Habitual delinquency. c) Upon a fifth or additional conviction.maximum period of the penalty prescribed by law for the new felony. 11 . Habitual delinquency – when a person.
g) Complex Crimes vis Special Complex Crimes24 Complex crime Special complex crime25 Committed either when a single act constitutes two or more grave or less grave felonies. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. 25 or composite crime 26 Art.29 Art.28 Made up of more than one crime. or when an offense is a necessary means for committing the other. but which. 24 In case the crime committed is a composite crime. in the eyes of the law. in the eyes of the law. 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 Arson30 or Rape with Homicide31 and applies only when no specific penalty is stated in the law. warrants a single indivisible offense. This is because. It has two kinds: compound crime27 and complex crime proper. 26 In both cases. They are regarded as a special species of complex crime because there is one specific penalty imposed. 48 12 . the penalty for the more serious crime shall be imposed and is to be applied in its maximum period. the conspirator will be liable for all the acts committed during the commission of the crime agreed upon.
335. Tension building phase 2. 15. G. i) Anti-Violence against Women and their Children Act of 200433 a) Battered woman34 syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. which has 3 phases: 1. robbery with arson. 2004) 35 Sec. Acute battering incident 27 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 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 29 An example of special complex crime is rape with homicide. (People v. R. amending Art. 9.Genosa. no criminal and civil liability because there is no crime.A.R. kidnapping with homicide. 3 (c) 13 . In order to be classified as a battered woman. Circumstances which Affect Criminal Liability a) Justifying Circumstances32 The acts of the actor are in accordance with law and hence. otherwise they are separate offenses. he is justified. Includes wives or women in any form of intimate relationship with men. id. 32 See Reference 33 R. 135981. Any woman may find herself in an abusive relationship with a man once. No. 1 of Art. If it occurs a second time. she is defined as a battered woman.3. and she remains in the situation. the couple must go through the battering cycle at least twice. 11. Jan. 7659 amending par. 294 31 Sec. 9262 34 A woman who is repeatedly subjected to any forceful physical or psychological behavio r by a man in order to coerce her to do something he wants her to do without concern for her rights. 30 Sec.35 Characterized by the socalled cycle of violence. when the homicide is consummated.A.
each with 3 phases.39 also refer to Child and Youth Welfare Code40 1) Definition of “child in conflict with the law” A child who is alleged as. 14 . as amended 41 Sec. He/she shall enjoy all the rights of a child in conflict with the law until he/she is proven to be 18 years old or older. and hence.D. The child in conflict with the law shall enjoy the presumption of minority. One must pass 2 cycles.A. 38 See Reference 39 R.A. though there is a crime.3. there is no criminal liability. 9344 40 P. having committed an offense under Philippine laws. Tranquil. 603. i) Juvenile Justice and Welfare Act of 2006. accused of. or adjudged as. 9344. loving36 phase37 b) Exempting Circumstances38 There is an absence of voluntariness. R. who acted without discernm ent Exempt 36 37 or at least non-violent One must undergo 3 phases to establish the pattern of violence.41 2) Minimum age of criminal responsibility Age Bracket 15 years old or below Criminal Liability Exempt Treatment The child shall be subje cted to an intervention prog ram The child shall be subje cted toan intervention program Above 15 but below 18. 4 (e).
the time and place of committing the crime and the means employed or the personal circumstances of the offender. 6. 15 . supra See Reference Ibid. age may be based on information from the child himself/herself.42 3) Determination of age The age of a child may be determined from the child's: 1. the physical appearance of the child and other relevant evidence. d) Aggravating circumstances46 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. ibid. See Minimum age of criminal responsibility. R.43 In case of doubt as to the age of the child. 9344 Sec. which makes the act voluntary or because of the lesser perversity of the offender. testimonies of other persons. Birth certificate 2. 7. 4) Exemption from criminal liability44 c) Mitigating circumstances45 Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa.A. 42 43 44 45 46 Sec.Above 15 but below 18. Baptismal certificate 3. it shall be resolved in his/her favor. which shall be enforced in accordance with existing laws. The exemption from criminal liability does not include exemption from civil liability. who acted with discernment Not exempt The child shall be subje cted to the appropriate proceedings in accorda nce with the Act. Any other pertinent documents In the absence of these documents.
49 No need to allege this circumstanc e in the information. Qualifying Changes the nature of the felony48 Cannot be offset by any mitigating circumstances. must b e specifically alleged in the complai nt or information. If this h appens. one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. If not alleged but proven during th e trial. It is not an ingredient of a crime. as long as it is proven during trial.Generic Generally applies to all crimes47 Can be offset by an ordinary mitig ating circumstance. It only affects the penalty to be imposed but the crime remains the same. it will be considered only as generic aggravating circumstance. they are susceptible of being offse t by an ordinary mitigating circumstance . The circumstance affect s the nature of the crime itself such that the offender shall be liable for a more serious crime. If it is proved during trial. Manufacture. To be appreciated as such. a) Decree Codifying the Laws on Illegal / Unlawful Possession. The circumstance is actually an in gredient of the crime. Dealing in. 16 . Acquisition or 47 48 like recidivism as treachery in homicide to murder 49 When there is more than one qualifying aggravating circumstance present. the same is considered in imposing the penalty.
or unauthorized use of licensed firearm in the commission of the crime. of Firearms.51 Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. 3 thereof.A. or incident to.52 Under Sec. as amended by R. insurrection. 52 Hence. he cannot be held guilty of the separate offense of illegal possession 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.A. but not a separate offense. Penalty for mere possession of an unlicensed firearm is based on whether the firearm is low-powered or high-powered.A.Disposition. Unlicensed firearm shall include: firearms with expired license. motolov cocktail bombs. b) The Comprehensive Dangerous Drugs Act of 200253 i) As a qualifying aggravating circumstance 50 51 P. RPC. 8294 If the illegal possession or use of unlicensed firearm or explosives is in furtherance of. provided that the person arrested committed no other crime.D. R. or subversion shall be absorbed as an element of such crimes. (People vs. 8294 penalizes simple illegal possession of firearms. 9165 17 . 1866.A. illegal possession or use of unlicensed firearm is no longer punished as a separate offense. 14. firebombs or other incendiary devices which result in the death of a person. illegal possession of firearms is an aggravating circumstance. 8294. such use shall be considered as an aggravating circumstance. Furthermore. Hence. Ladjaamlam) 53 R. 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. if the person is held liable for murder or homicide. it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. Ammunition or Explosives50 as an aggravating circumstance The use of an unlicensed firearm to commit murder or homicide is an aggravating circumstance. or in connection with the crimes of rebellion. 1866. as amended by R.
identities and arrest of all or any of the members thereof. Article II of this Act 56 as well as any violation of the offenses mentioned if committed by a drug syndicate. 15.54 ii) Immunity from prosecution and punishment. and the application of the penalty provided for in the Revised Penal Code shall be applicable. 10. 13. Article II of this Act. coverage Any person who has violated Sections 7. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. 12. 2) Such information and testimony are not yet in the possession of the State. or any information leading to the whereabouts. 5. 25 See Reference ibid. any condition or undertaking. and 5) The informant or witness shall strictly and faithfully comply without delay. and 19. 3) Such information and testimony can be corroborated on its material points. and may plead or prove the giving of such information and testimony in bar of such prosecution. 6.55 who voluntarily gives information about any violation of Sections 4. 4) the informant or witness has not been previously convicted of a crime involving moral turpitude. reduced into writing. Conditions: 1) The information and testimony are necessary for the conviction of the persons described above. and who willingly testifies against such persons as described above. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. 18 . The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to 54 55 56 Sec. 8.A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. 14. and 16. 11.
with after-care and follow-up program for not more than eighteen (18) months. he/she shall be under the supervision and rehabilitative surveillance of the Board. or of the Revised Penal Code. Conditions: a) He/she has not been previously convicted of violating any provision of this Act.60 57 58 59 60 Sec.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. may be given the benefits of a suspended sentence. the court may commit the accused under suspended sentence to a Center. 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. 603. 33 See Reference Ibid. as amended by Presidential Decree No. While under suspended sentence. 66 19 . 1179 shall apply. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. as amended. or of any special penal laws. otherwise known as the Child and Youth Welfare Code. and c) The Board favorably recommends that his/her sentence be suspended. or of the Dangerous Drugs Act of 1972. Sec. or to the care of a DOH-accredited physician for at least six (6) months.57 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 11 58 of this Act. b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician. without prejudice to the application of the provisions of this Section. Article 192 59 of Presidential Decree No. Upon recommendation of the Board. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act.
10. 98 See Reference I Reyes. Art.61 RPC The provisions of the Revised Penal Code. Article 247 is an example of an absolutory cause (see Reference) 20 . shall not apply to the provisions of this Act. f) Absolutory Cause A circumstance which is present prior to or simultaneously with the offense. Where the offender is a minor. freedom. does not incur criminal liability for an act. 13th ed.”64 61 62 63 64 See Reference Sec. as amended. The Revised Penal Code. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. except in the case of minor offenders. and intelligence. the accused who acts with criminal intent. It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.62 e) Alternative Circumstances63 Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. which constituted a crime.iv) Application/Non application of RPC provisions cf. 231-232.. by reason of which. 1993. pp.
any person he knows. suppressing or concealing any paper. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery. or admissibility as evidence in any investigation of or official proceedings in. 65 P. intimidation. criminal cases. availability. has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction.D. record. document. or has reasonable ground to believe or suspect. force or threats. misrepresentation. authenticity. deceit. destroying. or facilitating the escape of.4. (c) harboring or concealing. (b) altering. with intent to impair its verity. Persons Criminally Liable/Degree of Participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders65 i) Punishable acts Any person who knowingly or willfully obstructs. or official proceedings in. legibility. criminal cases. or object. 1829 21 . or to be used in the investigation of. impedes.
or in the courts.(d) publicly using a fictitious name for the purpose of concealing a crime. or official proceedings in. 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. (f) making. (h) threatening directly or indirectly another with the infliction of any wrong upon his person. in order to prevent a person from appearing in the investigation of or in official proceedings in. or imposing a condition. the higher penalty shall be imposed. evading prosecution or the execution of a judgment. criminal cases. 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. accepting.67 RPC 66 Sec. or assisted the offender to profit from the effects of the crime. or impeding the prosecution of a criminal offender. whether lawful or unlawful. 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. or concealing his true name and other personal circumstances for the same purpose or purposes. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. 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. criminal cases. Only accessories covered by par 2 and 3 are exempted. or agreeing to accept any benefit in consideration of abstaining from. criminal cases. id. in Tanodbayan. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime. presenting or using any record. document.66 ii) Compare with Article 20. (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 property of the victim. (g) soliciting. 67 22 . or official proceedings in. If any of the acts mentioned herein is penalized by any other law with a higher penalty. 1. discounting. (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices.
5. RPC. 44 Phil. natural. R. the property penalty to be imposed on appellant is reclusion perpetua. 431 R. ascendants.The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. 9346 23 .69 a) General Principles . except accessories falling within the provisions of paragraph 168 of Article 19. 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 68 69 70 See Reference People vs. deliberate or negligent act. Penalties Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful. or relatives by affinity within the same degrees.A. Moran.A. legitimate. Pursuant to Section 2 of R. descendants.Act Prohibiting the Imposition of Death Penalty in the Philippines70 The imposition of death penalty has been prohibited.A. 9346. and adopted brothers and sisters.
71 b) Purposes 1.to protect the public from dangerous criminals. Canuto.R. Retribution . 27 July 2007. 166544. Penal laws which are favorable to the accused are given retroactive effect. 377. c) Classification Scale Principal Penalties Capital punishment: 71 Accessory Penalties Perpetual or temporary PP v. 528 SCRA 366. 24 .to punish them for what they did 3. Rehabilitation .to prevent crimes 2.restrigenda. Deterrence . No. Safety .to get them whipped back into shape 4. G.
the right to vote and be voted for. Perpetual or temporary special disqualification. Arresto mayor. Civil interdiction. Perpetual or temporary special disqualification. Prision mayor. Payment of costs. 25 25 .Death.72 d) Duration and Effects Duration Reclusion perpetua 72 Twenty (20) years and one day to forty (40) years. Art. Reclusion temporal. Indemnification. Public censure Penalties common to the three preceding classes: Fine. and Bond to keep the peace absolute disqualification. Perpetual or temporary absolute disqualification. Forfeiture or confiscation of instruments and proceeds of the offense. Light penalties: Arresto menor. Suspension. Correctional penalties: Prision correccional. Destierro. Afflictive penalties: Reclusion perpetua. Suspension from public office. the profession or calling.
suspension. ibid. temporary Six (6) years and one day to twelve (12) years. 21. Arresto mayor One (1) month and one day to six (6) months. its duration shall be that of the principal penalty.Reclusion temporal Twelve (12) years and one day to twenty (20) years. Prision mayor disqualification and Prision correccional. Arresto menor Bond to keep the peace Effects 73 Art. except when the penalty of disqualification is imposed as an accessory penalty. its duration shall be that of the principal penalty. One (1) day to thirty (30) days. in which case. except when suspension is imposed as an accessory penalty. in which case. 27. A. Required to cover such period of time as the court may 73 determine. as amended by Sec. 26 . R. Six (6) months and one day to six and destierro (6) years. 7659.
The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. 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 disqualification for the offices or public employments and for the exercise of any of the rights mentioned. Moreover. 31 Art. according to the nature of said penalty. In case of temporary disqualification.76 The suspension from public office. 30 Art. 3. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 2. of the right to vote in any popular election for any public office or to be elected to such office. profession or calling. the offender shall not be permitted to hold any public office during the period of his disqualification. 32. 27 . 74 75 76 Art. 2. The loss of all rights to retirement pay or other pension for any office formerly held.74 The penalties of perpetual or temporary special disqualification for public office. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. employment.75 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 extent of such disqualification. profession or calling affected. profession or calling shall produce the following effects: 1. The deprivation of the office. 4.
Art. Costs shall include fees and indemnities in the course of the judicial proceedings. The fine. 77 Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. A pardon shall not work the restoration of the right to hold public office. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. The costs of the proceedings. Art. unless such rights be expressly restored by the terms of the pardon79. If the principal penalty imposed be prision correccional or arresto and fine. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. 4. Art. 33 34 36 37 38 28 . of marital authority. 3. 2. he shall remain under confinement until his fine referred in the preceding paragraph is satisfied. or the right of suffrage. 77 78 79 80 81 Art. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. If the convict has no property with which to meet the fine mentioned. either as to the person or property of any ward. and no fraction or part of a day shall be counted against the prisoner. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. Indemnification of consequential damages.The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. or guardianship. whether they be fixed or unalterable amounts previously determined by law or regulations in force. Art. or amounts not subject to schedule80. and in no case shall it continue for more than one year. subject to the following rules: 1. the same shall be met in the following order:81 1. The reparation of the damage caused. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos78.
5465. consider the 82 83 Art. 4. April 21. ISL should not be applied when it is unfavorable to the accused. When the principal penalty imposed be only a fine. the subsidiary imprisonment shall not exceed six months. It is not limited to violations of the Revised Penal Code. then it does not apply.2. 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 improve 82 e) Application i) Indeterminate Sentence Law83 Governs whether the crime is punishable under the Revised Penal Code or a special Law. 39. 3. ISL does not apply to non-divisible penalties. shall continue to suffer the same deprivation as those of which the principal penalty consists. It applies only when the penalty served is imprisonment. during the period of time established in the preceding rules. To fix the maximum. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. If not by imprisonment. If the crime is punished by the Revised Penal Code. R. 4103. but such penalty is of fixed duration. 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. there is always a minimum and maximum of the sentence that the convict shall serve.A. if the culprit shall have been prosecuted for a grave or less grave felony. 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. if for a light felony. 29 . 1969. as amended by R. and shall not exceed fifteen days. So. the convict. 5. as amended. whenever the Indeterminate Sentence Law is applicable. If the principal penalty imposed is not to be executed by confinement in a penal institution.A. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit.
2. penalty shall be in the minimum. 4 and 5. 8. Persons convicted of misprision of treason. espionage. no mitigating. Crimes punished by the Revised Penal Code 2. If there is aggravating circumstance.84 b) Coverage It applies to 1. 5. Persons who are habitual delinquents. 3. Those whose maximum term of imprisonment does not exceed one (1) year. 86 The “most severe 84 This means – 1. 5. 4. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance. Art. If there is mitigating circumstance. 7. 85 The Indeterminate Sentence Law shall not apply to: 1. 3. Whatever remains.mitigating and aggravating circumstances according to the rules found in Article 64. Persons who shall have escaped from confinement or evaded sentence. penalty next lower in degree shall be the one imposed. 70 30 . Persons convicted of offense punishable with death penalty or life imprisonment. Persons convicted of treason. no aggravating. 2. Persons convicted of piracy. rebellion. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. 9. conspiracy or proposal to commit treason. Those sentenced to destiero or suspension (this are not punishable by imprisonment) 86 pars. Special Laws85 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. penalty shall be imposed in the maximum. apply the rules. they shall offset against each other. 6. 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. 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. sedition. If there are several mitigating and aggravating circumstances. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. 4.
88 However. it must be expressly stated in the judgment that failure to pay the fine. the imprisonment cannot be imposed. though properly imposable is not expressly stated in the judgment. c. It is not of fixed duration. destierro and fine. suspension and fine). not yet served. The reason is because imprisonment is a substitute principal penalty. However. 87 It should be noted however. the 3-fold rule applies only when the convict has to serve at least 4 sentences. The penalty is not FIDS (Fine. 968. par.penalties” include equal penalties. in order that subsidiary imprisonment enforced. 39 89 Ramos v. 88 Art. The penalty does not include fine 91 P. Imprisonment and fine. The subsidiary penalty.87 iii) Subsidiary Imprisonment It is imposed when the person has no property with which to meet the fine mentioned in Article 38. that the duration of the convict’s sentence refers to several penalties for different offenses.00. 72 SCRA 59 90 People vs. In absence of such express statement. or e.G. Gonong.D. The principal penalty is higher than prision correccional. 52 O. Jarumayan. as amended 31 . d.89 may be in case of subsidiary subsidiary subsidiary accessory 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. 248 There is no subsidiary penalty if: a. 3 at the rate of one day for each P8. is released subject to conditions imposed by the court and to the supervision of a probation officer. after conviction and sentence. the accused must suffer imprisonment. b. not an penalty.90 f) Execution and Service i) Probation Law91 a) Definition of terms Probation A disposition under which a defendant.
or the automatic withdrawal of a pending appeal. 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.94 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 92 93 94 Discretionary conditions: The trial court. 32 . 4. manner and conditions The court may. may impose any condition which may be constructive to the correction of the offender. 3 WHEREAS clause Sec. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.92 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. which approved the application for probation. after it shall have convicted and sentenced a defendant and upon application at any time of said defendant. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.Probationer Probation Officer A person placed on probation.93 c) Grant of probation. Sec. One who investigates for the court a referral for probation or supervises a probationer or both. An order granting or denying probation shall not be appealable. with notice to the appellate court if an appeal has been taken from the sentence of conviction.
and available institutional and community resources. 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. be incompatible with the the probation is cancelled. antecedents. e) Disqualified offenders Those: a) sentenced to serve a maximum term of imprisonment of more than six (6) years. freedom of conscience of the probationer. (2) such condition should not the moment any of these is violate. d) who have been once on probation under the provisions of this Decree. of the probationer. environment. b) convicted of any offense against the security of the State. and These conditions being mandatory.provided the same would not violate the constitutional rights of the offender and subject to 2) The convict. and order approving his application. this two (2) restrictions: must report to the PO at least once a month during the period of (1) the conditions imposed probation unless sooner required by should not be unduly restrictive the PO. or b) there is undue risk that during the period of probation the offender will commit another crime. or c) probation will depreciate the seriousness of the offense committed. and 33 . mental and physical condition of the offender. d) Criteria of placing an offender on probation The court shall consider all information relative to the character. as a probationer.
The probationer. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. the court may revoke or continue his probation and modify the conditions thereof. The defendant may be admitted to bail pending such hearing. 14) Sec. exceptions After the period of probation and upon consideration of the report and recommendation of the probation officer. 95 96 97 Sec. 15. the court shall order the probationer to serve the sentence originally imposed. In such a case. 9. b) Sentence imposes a fine only Not less than nor more than twice and the offender is made to serve the total number of days of 96 subsidiary imprisonment in case of subsidiary imprisonment. the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. 39 of the Revised Penal Code (Sec. which may be informal and summary. g) Arrest of probationer At any time during probation. once arrested and detained. 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. the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. 34 .95 f) Period of probation a) Sentenced to a term of Not to exceed two (2) years. computed at the rate established in Art. If the violation is established. said period shall not exceed six (6) years. If revoked. imprisonment of not more than one (1) year In all other cases.e) who are already serving sentence at the time the substantive provisions of this Decree became applicable. of the violation charged.97 h) Termination of probation. shall immediately be brought before the court for a hearing. insolvency.
which provides child-appropriate proceedings. 9344 102 P. 16 R. rehabilitation.100 ii) Juvenile Justice and Welfare Act of 2006.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. cannot afford to post the bond. or even if bailable. He is known as detention prisoner. he is detained in jail. id. regardless of the penalty imposed by the Court. diversion. including programs and services for prevention. 101 also refer to Child and Youth Welfare Code102 a) Definition of child in conflict with the law103 b) Exemption from criminal liability104 c) Juvenile justice and welfare system A system dealing with children at risk and children in conflict with the law. 105 Art.A. as amended 103 supra 104 ibid.A. 603. g) Distinguished from preventive imprisonment Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said 35 . as amended.D.105 98 99 Sec. 101 R. The probationer and the probation officer shall each be furnished with a copy of such order. During the trial of his case. 24. 9165 100 Sec.98 i) The Comprehensive Dangerous Drugs Act of 200299 Any person convicted for drug trafficking or pushing under this Act. 968. reintegration and aftercare to ensure their normal growth and development.
and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. Revised Penal Code. or are unjustifiably stopped from any reason not imputable to him.five (5) years 36 . article did not make any distinctions. Ten (10) years.109 One (1) year.106 The period of prescription shall commence to run from the day of discovery of the crime by the offended party. 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.6.107 The period shall be interrupted by the filing of the complaint or information.108 Crimes punishable by death. 106 See Reyes. Twenty (20) years. 109 Except those punishable by arresto mayor . the authorities or their agents. reclusion perpetua or reclusion temporal Crimes punishable afflictive penalties Correctional penalty Libel or other similar offenses by other Fifteen (15) years. Book I 107 Art. 91 108 Ibid.
110 One (1) year. 37 . Death and reclusion perpetua Other afflictive penalties Correctional penalties Light penalties c) Pardon112 by offended party Only extinguishes civil liability. 111 110 111 Except the penalty of arresto mayor – five (5) years. in cases of adultery. Of Prisons. to be subject of prescription. 31 Phil 60). concubinage. seduction or abduction when Twenty (20) years Fifteen (15) years Ten (10) years. Dir. rape. acts of lasciviousness. However. Art. The penalty. must have been imposed by final judgment.Oral defamation and slander by Six (6) months deed Light offenses Two (2) months 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. 92 112 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.
et al. 8353.116 Thus. usually for a political offense. et al. 344 Sec. if it is the husband who is the offender. Art. in the crime of rape. Fernandez. 642 38 .” 113 114 115 116 Art.granted before the institution of the criminal action also extinguishes criminal liability. 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.114 d) Pardon by the Chief Executive Extinguishes criminal liability of the offender. 89 says “xxx by amnesty which completely extinguishes the penalty and all its effects. 82 Phil.. It is granted only after conviction and may be extended to any of the offenders. 2 Black’s Law Dictionary. the act of sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted.113 Under R. It looks backward and abolishes and puts into oblivion the offense itself. 9th Ed. e) Amnesty A pardon extended by the government to a group or class of persons. It cannot include civil liability which the offender must pay.A. Barroquinto. the subsequent forgiveness by the wife shall extinguish the criminal action or the penalty except when the marriage is void ab initio.115 Needs concurrence of congress.
therefore. Evident premeditation. only in times of war – actual hostilities. committed by a person who owes allegiance to it. But no need for declaration of war Levying of war: a) that there be an actual assembling of men. Crimes Against National Security Crimes Treason117 117 Elements a. 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. No such thing as attempted treason. superior strength and treachery are circumstances inherent in treason. and are. mere attempt consummates the crime 39 . 114 Treason: breach of allegiance to the government. Treason cannot be committed in times of peace. not aggravating. The offender owes Art.Book II 1.
118 Ways of proving treason: a. Treason is a continuing crime. Filipino citizens can commit treason outside the Philippines. 1. offender can be prosecuted. giving them aid and comfort119 Giving aid or comfort – material element. breach of allegiance 2. c. But that of an alien must be committed in the Philippines. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that which weaken and tend to weaken the power of the same. he can still confess in open court by stating the particular acts constituting treason. On Citizenship: a. enhances forces of the enemy country. b. Example: X saw arms landed in La Union and loaded into a motor vehicle. But membership in the police force during the occupation is not treason. When killings and other common crimes are charged as overt act of treason. Because the law requires that 2 witnesses see the same overt act. Even after the war. even if assisted by counsel is not enough. During trial. they cannot be regarded as (1) separate crimes or (2) as complex with treason. simply saying “I’m guilty” is not enough. (3) from the circumstances surrounding the act. adheres to the enemies.breach of allegiance 2. Adherence may be proved by: (1) one witness. Submission of affidavit during trial. The offender either – 1. 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. Y later saw the arms unloaded in a warehouse. giving aid or comfort to the enemy 40 .adherence 3. (2) from the nature of the act itself. At this stage. If he has pleaded not guilty already during arraignment.for the purpose of executing a reasonable design 119 1. court will ask if the accused understands is plea.118 or 2. not sufficient to convict yet. There is a war in which the Philippines is involved. 2 witnesses testifying to same overt act. Withdrawing plea of “not guilty” during arraignment not necessary If during arraignment he pleads guilty. Adherence and giving aid or comfort must concur together. levies war against the govt.actual assembling of men 3. Only Filipino citizens or permanent resident aliens can be held liable c. b. Confession of the accused in open court. Will X + Y be sufficient witnesses to convict? Answer: No.allegiance to the Government of the Philippines b.
Proposal to commit treason a. In times of war b. levy war against the govt. 115. it is already conspiracy 41 . A person who has decided to levy war against the government. c. adhere to the enemies and to give them aid or comfort. If the other accepts. In times of war b. 120 Art. or to adhere to the enemies and to give them aid or comfort. 2 or more persons come to an agreement to 1.Conspiracy to commit treason120 a. or 2. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. They decide to commit it. proposes its execution to some other person/s.
123 121 Art. 117 Espionage: the offense of gathering. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK. 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. photographs or other data of a confidential nature relative to the defense of the Philippines. what if you report to some other high-ranking government official? Ex. The offender must be owing allegiance to the government. b. or naval or military establishments or reservation to obtain any information. Disclosing to the representative of a foreign nation the contents of the articles. or information mentioned. fort. RPC states 4 individuals. He has knowledge of any conspiracy (to commit treason) against the government c.Misprision of treason121 a. 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. 123 Purpose: to gather data 42 . Espionage122 a. warship. 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. which he had in his possession by reason of the public office holds. data. place and circumstance – the RPC did not fix time. 122 Art. without authority therefor. and not a foreigner b. plans. It is not conditioned on citizenship. transmitting. Entering.
Correspondence country126 with hostile a. 120 Circumstances qualifying the offense: 1 a. In times of war in which the Philippines is involved Not necessary that Philippines is at war with the country to which the information was revealed. notice or information might be useful to the enemy 2 b. It is not correspondence with private individual in enemy country 43 . 125 Art. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. There is war in which the Philippines is not involved b. Wiretapping is NOT espionage if the purpose is not something connected with the defense 124 Art. it could be economic reprisals. 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 126 Art.Inciting to war or motives for reprisals124 giving a. The offender violates such regulation. If China bans the entry of Filipinos into China. X burns Chinese flag. 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. or denial of entry into their country. 118 Crime is committed in time of peace. 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 neutrality125 a. that is already reprisal. What is important is that the information related is connected with the defense system of the Philippines. Example. intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action. The offender performs unlawful or unauthorized acts b.
there is a need for prohibition In any case. punishable 127 Art. There is a war in which the Philippines is involved b. The offender attempts to flee or go to enemy country d. 121 Mere attempt consummates the crime There must be a prohibition. Which is prohibited competent authority by If ciphers were used. or 2. If none. prohibited by the govt.. The correspondence is either – 1. 128 Filipino or resident alien 44 . or carried on in ciphers or conventional signs.b. The offender128 owing allegiance government must be to the c. it must be correspondence with the enemy country Doesn’t matter if correspondence contains innocent matters – if prohibited. containing notice or information which might be useful to the enemy Flight to enemy’s country127 a. even if went to enemy country – no violation Alien resident may be guilty here. The offender makes correspondence with an enemy country or territory occupied by enemy troops c. no need for prohibition If ciphers were not used.
The offenders – or seize that vessel or 2. The crime is accompanied by murder. physical injuries. 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 attacking or seizing a vessel on the high seas or in the Philippine waters (P.D. A vessel is on the high seas130/Philippine waters b. 122 Two (2) Ways of Committing Piracy: a. the crime is not piracy but robbery in the high seas 132 Art. attack Qualified piracy132 a. They have abandoned their victims without means of saving themselves c.Piracy129 a. seize the whole or part of the cargo of said vessel. The offenders are not members of its complement or passengers of the vessel c. homicide. By seizing the whole or part of the cargo of said vehicles. 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 45 .133 129 Art. Offenders seized a vessel by boarding or firing upon the same b. 532) b. or rape. piracy is part of robbery and theft 130 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 131 if committed by crew or passengers. its equipment or personal belongings of its complement or passengers 131 1.
length or dimension.a) Anti-Piracy and Anti. irrespective of its depth. between and connecting each of the Islands of the Philippine Archipelago. the sea-bed. seas. breadth. Vessel 133 134 The above may result to qualified mutiny P. and other submarine areas over which the Philippines has sovereignty or jurisdiction.Highway Robbery134 i) Definition of terms Philippine Waters All bodies of water. the insular shelves. gulfs. and all other waters belonging to the Philippines by historic or legal title. such as but not limited to. including territorial sea.D. bays around. It shall include all kinds and types of vessels or boats used in fishing. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. 532 46 .
If physical injuries or other crimes are committed as a result or on the occasion thereof. highway and bridges or other parts thereof. ii) Punishable acts Piracy Highway Robbery/Brigandage a. street. or the taking away of the whole or part thereof or its cargo. irrespective of the value thereof. Any attack upon or seizure of any vessel. or the personal belongings of its complement or passengers. or vehicles. the 47 . committed by any person.Philippine Highway Any road. The offenders shall be considered as pirates. Piracy135 135 The penalty is reclusion temporal in its medium and maximum periods. equipment. articles. passage. by means of violence against or intimidation of persons or force upon things. or property or both. or railway or railroad within the Philippines used by persons. The seizure of any person for ransom. committed by any person on any Philippine Highway. extortion or other unlawful purposes. in Philippine waters. or locomotives or trains for the movement or circulation of persons or transportation of goods. 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. including a passenger or member of the complement of said vessel.
while it is in flight140. 6235 139 Sec. or rape is committed as a result or on the occasion thereof. the mandatory penalty is death. or to seize up or usurp the control thereof. 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. 141 R. c) Human Security Act of 2007141 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. If kidnapping for ransom or extortion.D. shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. Any person who compels a change in the course or destination of an aircraft of Philippine registry. murder or homicide is committed as a result or on the occasion of piracy. 122 48 . 3) 137 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly. unless the contrary is proven (Sec. the penalty is reclusion temporal in its medium and maximum periods.A.b. 1 140 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. or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage. Highway Robbery/Brigandage136 c. 9372 142 Art. 4) 138 P. or murder or homicide. or when the seizure is accomplished by firing upon or boarding a vessel. or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom. such as giving them information about the movement of police or other peace officers of the government. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage. b. 136 The penalty is reclusion temporal in its minimum period. the penalty is death (Sec.137 b) Anti-Hijacking Law138 i) Punishable acts139 a. or when the offenders abandoned the victims without means of saving themselves. If rape. Piracy in General and Mutiny in the High Seas or in the Philippine Waters142 penalty is reclusion perpetua.
1613 149 R. 152 and. otherwise known as the Indeterminate Sentence Law. Manufacture. Acquisition or Disposition of Firearms. 6235 152 P. Murder145 e. 3) 155 Conspiracy to Commit Terrorism 49 .153 thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace. in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism.155 143 144 Art. D. 5207 151 R. Anti-Hijacking Law151 5. Crimes Involving Destruction. No. as amended 154 The penalty is forty (40) years of imprisonment. without the benefit of parole as provided for under Act No. 134 Art. 532 153 P. A. 1866. Anti-Piracy and Anti-Highway Robbery Law of 1974. D. Rebellion or Insurrection143 c. The Law on Arson148 2. Atomic Energy Regulatory and Liability Act of 1968150 4. 267 147 Art. Kidnapping and Serious Illegal Detention146 f. A. 6. D. 134-a 145 Art. Decree Codifying the Laws on Illegal and Unlawful Possession. Persons who conspire to commit the crime of terrorism.b. as amended (Sec. No. No. No. No. Dealing in. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990149 3. No. 4103. 6969 150 R.144 including acts committed by private persons d. Coup d' Etat. Ammunitions or Explosives.147 or under 1.154 ii) Who are liable 1. A. 248 146 Art. 324 148 P.
158 3. either as principal or accomplice.160 2. 159 takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime. or instruments thereof. under Art.2. concealing. having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. 5) The penalty is from seventeen (17) years. Any person who. (b) by concealing or destroying the body of the crime. or the effects.. 17 of the Revised Penal Code 157 as defined in Section 4 thereof 158 Accomplice (Sec. Any person who. 159 under Arts. four (4) months one day to twenty (20) years of imprisonment. Crimes Against the Fundamental Laws of the State Crimes Elements 156 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. 4) The penalty is forty (40) years of imprisonment. or assisting in the escape of the principal or conspirator of the crime. (c) by harboring. in order to prevent its discovery. 17 and 18 of the Revised Penal Code (See Reference) 160 Accessory 50 . not being a principal 156 or a conspirator.157 cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts. and without having participated therein.
violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. commission of a crime b. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant 162 actual restraint 51 . not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. is being. Legal grounds for the detention of any person: a. Though the elements specify that the offender be a public officer or employee. 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. Offender employee is a public officer or b. He detains a person162 c. 124 Classes of Arbitrary Detention: a. Crime is about to be.Arbitrary detention161 a. private individuals who conspire with public officers can also be liable. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. By detaining a person without legal ground b. has been committed b. The detention was without legal grounds 161 Art.
he’s considered as one. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. He has detained a person for some legal ground c. Offender employee is a public officer or b. for crimes/offenses punishable by correctional penalties. for purposes of this article.Delay in the delivery of a. 18 hours. or their equivalent or 3. if detained for crimes/offenses punishable by light penalties.) The filing of the information in court does not cure illegality of detention. or their equivalent Delaying release164 a. prosecutors – though technically not a judicial authority. for crimes/offenses punishable by capital punishment or afflictive penalties. He fails to deliver such person to the proper judicial authority within: 1. 125 Detention is legal in the beginning. Such waiver is not violative of the accused’s constitutional right. 36 hours. Offender detained persons163 employee is a public officer or b. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. May be waived if a preliminary investigation is asked for. Duty complied with upon the filing of the complaint with the judicial authority (courts. Does not contemplate actual physical delivery but at least there must be a complaint filed. Neither does it affect the legality of the confinement under process issued by the court. What is length of waiver? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. To escape from this. crime is illegal detention 164 Art. Really means delay in filing necessary information or charging of person detained in court. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation 52 . 12 hours. or their equivalent 2. There is a judicial or executive order 163 Art.
Offender without good reason delays: 1. or 2. or that there is a proceeding upon a petition for the liberation of such person c. the performance of such judicial or executive order for the release of the prisoner. Does not include undesirable aliens. the service of the notice of such order to the prisoner. He expels any person from the Philippines. by expelling a person from the Philippines b. 53 . 127 2 acts punishable: a. the proceedings upon a petition for the release of such person Expulsion165 a. destierro. will amount to grave coercion. If done by a private person. is refused re-entry – is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. or 3. Offender is a public officer or employee b. or when sent to prison If X (Filipino) after he voluntarily left. by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion.for the release of a prisoner or detention prisoner. He is not authorized to do so by law 165 Art. or compels a person to change his residence c.
searching papers or other effects found therein without the previous consent of such owner. save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime. He commits any of the following acts: 1. after having surreptitiously entered said dwelling and after having been required to leave the same. Offender is a public officer or employee b. refusing to leave the premises. 54 . 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. if violence or intimidation is used (Art 286). 2. He procures a search warrant and c. entering any dwelling against the will of the owner thereof. even if he knew that someone in that dwelling is having unlawful possession of opium “Being authorized by law” – means with search warrant. 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. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. 3. the crime committed by the public officer is grave coercion.Violation of domicile166 a. Offender is a public officer or maliciously obtained employee b. Search warrants a. There is no just cause 166 Art. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual. or unjust vexation.
Persons who were not respondents were searched 55 . He performs any of the ff. X owner was handcuffed while search was going-on. papers or other belongings of any person d. or any member of his family. X was a respondent of a search warrant for illegal possession of firearms. Example. Offender employee is a public officer or b. acts: 1. all details must be with particularity Malicious warrant. Offender is a public officer or those legally obtained167 employee b. signed by the judge and directed to a public officer. He has legally procured a search warrant c. 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. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place.Abuse in the service of a. Abuse. or two witnesses residing in the same locality are not present Prohibition. He searches the domicile. He exceeds his authority or uses unnecessary severity in executing the same Searching domicile a. prohibiting or interrupting. interruption. The owner. and dissolution of peaceful meetings169 a. A return was made. Tank was used to ram gate prior to announcement that a search will be made c. Examples: a. b. Offender is a public officer or 168 without witnesses employee b. He is armed with a search warrant legally procured c. 167 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.
during the celebration of any religious ceremony b.173 or 2. or dissolving the same170 2. The acts must be notoriously offensive to the feelings of the faithful174 c. Offender is any person d. hindering any person from joining any lawful association or from attending any of its meetings Interruption of religious a. Crime Prohibition. He prevents or disturbs the same Offending religious feelings172 a. There is a deliberate intent to hurt the feelings of the faithful. fundamental Outsiders law of the state 56 .without legal ground the holding of a peaceful meeting. in a place devoted to religious feelings. Religious ceremonies or manifestations of any religion are about to take place or are going on c. Interruption and Dissolution of Nature of Crime Who are Liable If Element Missing If not by public officer = tumults Crime against Public the officers. directed against religious tenet. Offender is a public officer or 171 worship employee b. The acts performed – complained of were 1.
Feeling private persons.Peaceful Meeting Crime against Public Interruption the officers. of Religious fundamental Outsiders Worship law of the state If by insider = unjust vexation If not religious = tumult or alarms If not notoriously offensive = unjust vexation If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion Offending the Crime against Public Religious public order officers. outsiders 57 .
a. Human Security Act of 2007175 (1) Period of detention 58 .
or law enforcement personnel. deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested. who. without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities. The arrest of those suspected of the crime of terrorism or conspiracy to 59 . and taken into custody by the said police.The provisions of Article 125176 of the Revised Penal Code to the contrary notwithstanding. 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. detained. any police or law enforcement personnel.
commit terrorism must result from the surveillance under Section 7 177 60 .
Ex. Is X liable? X may be liable under Art. to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her. denial of permit in arbitrary manner 171 Art. 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. When priest is solemnizing marriage. Example: Ordinance requires permits for meetings in public places. Latter is preferred for objective determination. 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. otherwise. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. marriage X. he is a person in authority. The police or law enforcement personnel concerned shall. 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. a private person. 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. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. It shall be the duty of the judge. baptism. he’s not.g. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. 170 e. 169 Article 131 Prohibiting or hindering any person from addressing. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting. before detaining the person suspected of the crime of terrorism. But if done in a private home. among other things. Mass. 133 because X is a private person. 61 . a manifestation of religion. either alone or together with others. dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. not a participant. Homeowner b. to inquire of them the reasons why they have arrested the person and determine 168 Article 130 Order of those who must witness the search: a. but only a meeting of a religious sect. But if police stops a meeting in a private place because there’s no permit. in the peaceful meeting. it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. Members of the family of sufficient age and discretion c. officer is liable for stopping the meeting. although in other cases.and examination of bank deposits under Section 27178 of this Act.
city. 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. 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 paragraph179. regional trial court. holidays or after office hours. 18. provincial or regional official of a Human Rights Commission or judge of the municipal. 179 Sec. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). 9372 176 See Reference 177 Ibid. only the place is material 174 deliberate intent to hurt the feelings 175 R. 133 If in a place devoted to religious purpose. Sundays. 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.by questioning and personal observation whether or not the suspect has been subjected to any physical. no need of religious ceremony. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the 172 Art. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest.. mere arrogance or rudeness is not enough 173 for this element. Sundays.A. the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. holidays or after office hours. 62 . suspects may not be detained for more than three (3) days without the written approval of a municipal. 178 Ibid.That where the arrest is made during Saturdays. the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided . In the event of an actual or imminent terrorist attack. 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. If the arrest is made during Saturdays. moral or psychological torture by whom and why.
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. vomit and/or blood until the brink of suffocation. Anti-Torture Act181 (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. acid. (2) Food deprivation or forcible feeding with spoiled food. 180 181 Sec. (7) Rape and sexual abuse. animal or human excreta and other stuff or substances not normally eaten. kicking. punching. or electrical torture of the genitals. R. disability or dysfunction of one or more parts of the body.A. exhaustion. (5) The submersion of the head in water or water polluted with excrement. striking with truncheon or rifle butt or other similar objects.officials mentioned above that is nearest the place where the accused was arrested. Within three days after the detention the suspects. such as: (1) Systematic beating. b. 9745 63 . (3) Electric shock. burning by electrically heated rods. hot oil. whose connection with the terror attack or threat is not established. shall be released immediately180. (4) Cigarette burning. and jumping on the stomach. including the insertion of foreign objects into the sex organ or rectum. by the rubbing of pepper or other chemical substances on mucous membranes. or acids or spices directly on the wound(s). urine. head banging. 19. (6) Being tied or forced to assume fixed and stressful bodily position.
(8) Mutilation or amputation of the essential parts of the body such as the genitalia. etc. and (14) Other analogous acts of physical torture. (11) Harmful exposure to the elements such as sunlight and extreme cold. execution or other wrongful acts. (10) Pulling out of fingernails. (2) Threatening a person(s) or his/her relative(s) with bodily harm. memory. 64 . public display or public humiliation of a detainee or prisoner. alertness or will of a person. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. tongue. (9) Dental torture or the forced extraction of the teeth. such as: (1) Blindfolding. such as: (i) The administration or drugs to induce confession and/or reduce mental competency. (13) The use of psychoactive drugs to change the perception. ear. (5) Preparing a prisoner for a "show trial". (3) Confinement in solitary cells or secret detention places. 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.. (4) Prolonged interrogation. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation.
182 Other analogous acts of mental/psychological (2) Who are liable183 Any person who actually participated or induced another in the commission of torture or other cruel. 4. 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 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. owing to the circumstances at the time. parading him/her in public places. assisted. inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel. whether directly or indirectly. abetted or allowed. or negligence committed by him/her that shall have led. relatives or any third party. criminally 65 . (10) Shame infliction such as stripping the person naked. shaving the victim's head or putting marks on his/her body against his/her will. (7) Maltreating a member/s of a person's family. (8) Causing the torture sessions to be witnessed by the person's family. creating the belief that he/she shall be summarily executed. and (12) torture. inhuman and 182 183 Sec. should have known that acts of torture or other cruel.(6) Causing unscheduled transfer of a person deprived of liberty from one place to another. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. 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. the commission thereof by his/her subordinates. inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military. (9) Denial of sleep/rest. If he/she has knowledge of or.
inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery. despite such knowledge. 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. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel. did not take preventive or corrective action either before. is being committed. or has been committed by his/her subordinates or by others within his/her area of responsibility and. or (c) By harboring.184 184 Sec.degrading treatment or punishment shall be committed. inhuman and degrading treatment or punishment. inhuman and degrading treatment or punishment: Provided. when he/she has the authority to prevent or investigate allegations of torture or other cruel. 66 . concealing or assisting m the escape of the principal/s in the act of torture or other cruel. inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act. That the accessory acts are done with the abuse of the official's public functions. during or immediately after its commission. inhuman and degrading treatment or punishment is being committed and without having participated therein. whether deliberately or due to negligence shall also be liable as principals. either as principal or accomplice. 13. (b) By concealing the act of torture or other cruel.
possessions of firearms. There be – 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. Crimes Against Public Order Crimes Rebellion insurrection185 or a. while holding any public office or employment. engaging in war against the forces of the government 2. However. signed receipts and other documents issued in their name d. promotes 2. even if not in furtherance of rebellion cannot be complexed If killing. there must be actual participation Not necessary that there is killing. illegal association are absorbed. robbing were done for private purposes or for profit. heads a rebellion or insurrection. the crime is of direct assault. 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. If there is no public uprising. 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. performed similar acts on behalf of the rebels Persons liable for rebellion: i. Any person who: 1. Furthermore.2. Any person who. public uprising and 2. or ii. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Rape. Mere giving of aid or comfort is not criminal in the case of rebellion. the crime would be separately be punished and would not be embraced by rebellion (People v. 134 Success is immaterial. Merely sympathizing is not participation. without any political motivation. or 3. Examples: killing. mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. maintains. taking arms against government186 185 Elements the Art. spoke for them c. takes part therein by: 1. directed the others b. destroying property or committing serious violence 67 .
duly constituted authorities 2. communication networks or public utilities 4. 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 a.b. wholly or partially. Purpose of movement is either the uprising or 1. any military camp or installation 3. would be separately punished and would not be absorbed in the rebellion. or ii. Accompanied by violence. intimidation. without any political motivation. 186 force/violence 187 Art. 4. the territory of the Philippines or any part thereof. threat. strategy or stealth c. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians. robbing etc. which may result in homicide. It is not limited to hostilities against the armed force. other facilities needed for the 3. naval or other armed forces. 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. Directed against: 1. 134-A 68 . 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). or 2. anybody of land. to deprive the chief executive or congress. for private persons or for profit. to remove from the allegiance to said government or its laws – 1 i. Killing. Swift attack b. of any of their powers or prerogatives Coup d e’tat187 a.
69 . Proposes its execution to some other person/s 188 189 Art. Committed by any person or persons belonging to the military or police or holding any public office or employment. For any of the purposes of rebellion c. soliciting membership in. A person who has decided to rise rebellion or insurrection189 publicly and take arms the government b. Singly or simultaneously carried out anywhere in the Philippines or e. They decide to commit it Proposal to commit a. and soliciting funds for the organization show conspiracy to overthrow the gov’t The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t Conspiracy must be immediately prior to rebellion If it is during the rebellion. 2 more persons come to an agreement to rise publicly and take arms against the government b. 136 Organizing a group of soldiers. Purpose of seizing or diminishing state power a. with or without civilian support or participation Conspiracy to commit rebellion or insurrection188 f. then it is already taking part in it.exercise and possession of power continued d. For any of the purposes of rebellion c.
If there are no means. He incites others to the execution of any of the acts of rebellion c. In rebellion – there must be taking up of arms against the government. Continuing to discharge the duties of their offices under the control of rebels c. Accepting under rebels Inciting to rebellion or insurrection191 appointment to office a. Difference from rebellion – object or purpose of the surprising. 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 134 192 Art. Offenders rise – Art. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. writings. 191 Art. 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. no fault If position is accepted in order to protect the people. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Soldier) 70 .Disloyalty of public a. Offender does not take arms or is not in open hostility against the government b. proclamations. Failing to resist rebellion by all the officers and employees190 means in their power b. For sedition – sufficient that uprising is tumultuous. The inciting is done by means of speeches. emblems. 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. 139 Sedition: raising of commotion or disturbances in the State. Sedition – purpose may be either political or social. banners or other representations tending to the same end Sedition192 190 a.
Offender does not take a direct part Public uprising and the object of sedition must concur Persons liable for sedition: a. any person. or any provincial or municipal government. intimidation. to prevent the national government. 142 71 . to prevent the promulgation or execution of any law or the holding of any popular election 2. They employ force. or the national government of all its property or any part thereof Inciting to sedition196 a. or any public thereof from freely exercising its or his functions. leader of the sedition. or prevent the execution of any administrative order 3. for any political or social end. and b. other persons participating in the sedition 193 if no public uprising = tumult and other disturbance of public order 194 vis-à-vis rebellion where there must be a taking of arms 195 hence. municipality or province. to commit for any political or social end. to despoil. Publicly193 2. even private persons may be offended parties 196 Art.1. Tumultuously194 b. Offenders employ any of those means to attain any of the following objects: 1. or other means outside of legal methods c. any act of hate or revenge against private persons or any social class195 5. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4.
banners. etc. Different acts of inciting to sedition: a. 3. which tend to disturb the public peace c. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. publishing. He incites others to the accomplishment of any of the acts which constitute sedition197 c. Writing. 2. which tend to disturb the public peace. proclamations. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. b.. proclamations. or circulating scurrilous [vulgar. writings.in the crime of sedition b. when they suggest or incite rebellious conspiracies or riots. 134 198 Purpose: cause commotion not exactly against the government. The inciting is done by means of speeches. publishing. mean. writing. libelous] libels against the government or any of the duly constituted authorities thereof. or d. writings. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches.198 Acts punished: 1. or b. emblems. Uttering seditious words or speeches which tend to disturb the public peace or writing. actual disturbance not necessary 72 . Knowingly concealing such evil practices When punishable: a. emblems. when they tend to instigate others to cabal and meet together for unlawful purposes c. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. proclamations. Uttering seditious words or speeches which tend to disturb the public peace. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. or other representations tending to the same end. cartoons. emblems etc. the safety and order of the government 197 Art.
144 Complaint must be filed by member of the Legislative body. threats. By using force. intimidation. constitutional commissions or committees or divisions thereof. There be a projected or actual the meeting of congress meeting of Congress or any of its and similar bodies199 committees or subcommittees. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. Accused may also be punished for contempt 201 Art. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. or of any provincial board or city or municipal council or board b. or of any provincial board or city or municipal council or board b. constitutional commissions or committees or division thereof. or frauds to prevent any member of Congress from – 1. attending the meeting of the assembly or any of its committees. There be a meeting of Congress or any of its committees. 200 Art. Offender who may be any persons prevents such meeting by force or fraud Disturbance proceedings200 of a. or from 2. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. Offender immunity201 employee 199 is a public officer or Art. expressing his opinions or 73 . Offender does any of the following acts: 1. constitutional commissions or committees or divisions thereof.Acts tending to prevent a. he disturbs any of such meetings 2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Violation of parliamentary a.
gathering or group of persons whether in a fixed place or moving 2. gathering or group of persons whether in a fixed place or 3. at the time of arrest or search. 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. the organizers or leaders of the meeting b. casting his vote b. He arrests or searches any member of Congress c.b. purpose: to commit any of crimes punishable under the code 3. Meeting. is in a regular or special session d. or licensed firearms. By arresting or searching any member thereof while Congress is in a regular or special session. 203 Art. Meeting. meeting attended by armed persons b. penalty is arresto mayor b. like bolos or knives. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor202 Illegal assemblies203 a. penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 202 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment. Meeting of the second form 1. if they carry arms. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting 74 . Congress. Meeting of the first form 1. if they are not armed.
founders. Organized totally or partially for the purpose of committing any of the crimes in RPC b. sedition or direct assault. mere members of the association 75 . rebellion or insurrection. is incited to the commission of the crime of treason. Audience whether armed or not. Illegal associations204 a.moving 2. Or for some purpose contrary to public morals 204 Art. 147 Persons liable: a. directors and president of the association b.
when the offender is a public officer or employee c. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. 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. 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.g. 206 victim need not be person in authority b. or with serious physical injuries. Pointing a gun) Even when the person in authority or the agent agrees to fight.Direct assault205 1st form: a. 2nd form a. in which case. 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. makes a serious resistance. makes an attack. 3. Offender 1. employs force or b. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. There is no public uprising. or 4. 205 Art. makes a serious intimidation. direct assault with murder) except if resulting in a light felony. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder. The person assaulted is a person in 76 . Offender intimidation. 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. still direct assault. 148 Direct assault cannot be committed during rebellion. 2. 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. Always complexed with the material consequence of the act (e. employs force. when the assault is committed with a weapon b.206 c. When the person in authority or the agent provoked/attacked first.
Art. 1 Persons in authority/Agents of persons in authority (Art. Refusing to be sworn or placed under affirmation c.Indirect assault210 a. the person who should be aided is the agent (not the person in authority because it is already direct assault. 151. par. 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). Restraining another from attending as witness in such body e. 211 Art. c. A person comes to the aid of such authority or his agent. Barangay captain b. Aiding a policeman under attack. Disobedience summons211 to a. a. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. records etc. Example. b. Refusing to answer any legal inquiry to produce books. 150 212 Art. Refusing without legal excuse to obey summons b. Barangay chairman c. Inducing disobedience to a summons or refusal to be sworn Resistance and disobedience to a person in authority or the agent of such person212 210 a. board or commission. whether as an individual or as a member of some court or governmental corporation. A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. Teachers 77 . A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. 152) Person in Authority – any person directly vested with jurisdiction. d. 149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault.
Barrio policeman c. 148. by direct provision of law or by election or by appointment by competent authority. colleges and universities f. Causing any serious disturbance in a public public place. postmaster f. protection and the security of life. agents of the BIR h. Any person who comes to the aid of persons in authority Sec. Tumults and disturbances of 214 order other a. d. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who. 388 of the Local Gov’t Code provides that “for purposes of the RPC. Interrupting or disturbing public d. Malacañang confidential agent i. 78 . Barrio councilman b. office or establishment b. Offender disobeys such agent of a person in authority. The act of the offender is not included in the provisions of Arts. Persons charged with the supervision of public or duly recognized private schools. is charged with the maintenance of public order and the protection and security of life and property.b. Sheriff g. a. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. c. b. Barangay leader d. or the maintenance of a desirable and balanced environment. Such disobedience is not of a serious nature. Professors e. 149 and 150. municipal treasurer e. sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. Simple disobedience213 a. property. and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. the punong barangay. Offender resists or seriously disobeys such person in authority or his agent.
periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Encouraging disobedience to the law or to the constituted authorities or by praising. Making any outcry tending to incite rebellion or sedition in any meeting. association or public place d. functions. Unlawful use of means of a. by means of printing.performances. by the same means or by words. or cause damage to the interest or credit of the State. gatherings or peaceful meetings. utterances216 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. publishing or distributing or (causing the same) books. b. Maliciously publishing or causing to be published any official resolution or document without proper authority. if the act is not included in Art 131 and 132215 c. utterances or speeches c. Publishing or causing to be publication and unlawful published. Burying with pomp the body of a person who has been legally executed. Printing. 79 . justifying or extolling any act punished by law. or before they have been published officially d. pamphlets.
or other explosive within any town or public place. calculated to cause alarm or danger b. b. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. He evades the service of his sentence by escaping during the term if his sentence. Offender removes therefor such person.218 Delivering prisoners from a. Causing any disturbance or scandal in public places while intoxicated or otherwise. b. conflagrations. or helps the escape of such person220 c. Offender is a convict by final judgment.223 Evasion of service of a. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. institution. Discharging any firearm. rocket. Offender is a convict by final sentence on the occasion judgment who is confined in a penal of disorders. firecracker. Offender is a private individual Evasion of sentence or service221 a. 80 . He is serving his sentence which consists in deprivation of liberty222 c.Alarms and scandals217 a. provided the act is not covered by Art 153. There is a person confined in a jail or jail219 penal establishment.
earthquake. Violation pardon225 of conditional a. or 5. There is disorder. or 4. c. Manufacture. 3. Dealing in. on the occasion of such disorder or during the mutiny. mutiny in which he has not participated. 2. similar catastrophe.earthquakes calamities224 or other b. c. 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. d. Offender was a convict. Acquisition or 81 . He violated any of the conditions of such pardon. conflagration. resulting from1. explosion. b. He was granted a conditional pardon by the chief executive. Offender evades the service of his sentence by leaving the penal institution where he is confined. Decree Codifying the Laws on Illegal / Unlawful Possession. a.
of Firearms. deceit. injure or assault 213 Id. it is illegal discharge What governs is the result. violence or intimidation 82 . insurrection. or attempted coup d’etat227 b. 155 218 Tumult Charivari – mock serenade or discordant noises made with kettles. par 2 214 Art. otherwise. although rebellious or seditious in nature.. otherwise. breaking doors. Human Security Act of 2007228 (1) Punishable acts of terrorism229 (2) Who are liable230 207 208 motive is not essential motive is essential 209 with intention to offend. Ammunition or Explosives226 as an element of the crimes of rebellion. its inciting to rebellion or sedition. sedition. roofs or floors c. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers. unlawful entry (by “scaling”) b. 154 217 Art. tin horns etc. 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. walls. 157 A continuing offense. disguise. insult or annoy Firearm must not be pointed at a person. gates. designed to deride. intimidation or bribery. or if committed by public officers they are not participants therein. windows. 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. 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. not the intent 219 Art. this article applies. 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” 215 Public Officers interrupting peaceful meetings or religious worship 216 Art. using picklocks. he is guilty of evasion of sentence 221 Art. is not intentionally calculated to induce others to commit rebellion or sedition.Disposition. Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise 220 if the escapee is serving final judgment. false keys.
8294 227 supra 228 R. as amended by R. 1866. reincarnate offender without trial 226 P. it is not falsification but forging of signature under this article Signature must be forged. 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. 231 Art. in no case to exceed 6 months.(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. Forging the stamp of the President d. Crimes Against Public Interest Crimes Elements/How committed great seal of of the the Counterfeiting great seal a. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. President has power to arrest. Forging the of government231 Government b. 222 83 . be charged as separate offenses in 4. a revolt Disarming the guards is not mutiny 225 Art. But if under Revised Admin Code. no conviction necessary.A.A. a sedition. 9372 229 supra 230 Ibid. Offender must escape to be entitled to allowance Mutiny – organized unlawful resistance to a superior officer. They cannot themselves. connivance with other convicts or employees of the penal institution destierro included 223 fact of return immaterial 224 Art. 161 When the signature of the President is forged.D. Forging President the signature c. others signed it – not the President.
he connives with counterfeiters or importers Multilation of importation utterance235 232 coins – and Art. 164 This has been repealed by PD 247. imported or uttered such coins. the acts punishable are: a. mutilation is not limited to coins. Making and importing a.Using forged signature or a. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. 84 . 247. 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 234 Need not be legal tender Counterfeiting – imitation of legal or genuine coin (may contain more silver..D. different design) such as to deceive an ordinary person in believing it to be genuine 235 Art. Under this P. He used the counterfeit seal or forged signature or stamp. 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. In case of uttering such false or counterfeited coins. c. Offender knew of the counterfeiting or forgery. burning e. There be false or and uttering false coins233 coins234 counterfeited b. c. under Presidential Decree No. tearing d. willful defacement b. The great seal of the republic was counterfeit seal or counterfeited or the signature or stamp 232 stamp of the chief executive was forged by another person. However. b. 162 Offender is not the forger/not the cause of the counterfeiting 233 Utter – to pass counterfeited coins. Offender either made. mutilation c.
possession 1.Selling of false or mutilated coin. knowing the same to be false or mutilated. There be an instrument payable to and uttering instruments order or other document of credit not not payable to bearer238 payable to bearer. b. Uttering of such false or forged obligations and notes in connivance with forgers and importers Counterfeiting. with intent to utter. Forging treasury or bank Forging or falsity of treasury/bank notes notes – importing and or documents payable to bearer uttering237 b. with intent to utter the same. 236 Art. 165 Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. 2. c. he connived with the forger or importer Art. a. importing. b. without connivance236 a. to diminish by inferior means (to diminish metal contents). Must be legal tender. Actually uttering such false or mutilated coin. actually uttering. Importing of such notes c. Offender either forged. Foreign notes and coins not included. and b. 165 Possession does not require legal tender in foreign coins Includes constructive possession 85 . That in case of uttering. knowledge another person. Possession of coin. Must be intention to mutilate. and counterfeited or mutilated by c. knowledge. knowing that it is false or mutilated. imported or uttered such instruments. a.
A bill. counterfeiting. Falsification of legislative a. letters or words. He has no proper authority therefor. the appearance of a true and genuine document b. c. Offender alters the same. resolution or ordinance 241 documents enacted or approved or pending approval by the national assembly or any provincial board or municipal council. d. He performs any of these acts – 1. Forgery240 a. By erasing. Offender knows that any of those instruments is forged or falsified. substituting. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. altering by any means the figures. using any of such forged or falsified instrument. 86 . b. or signs contained therein. The alteration has changed the meaning of the document. possessing with intent to use any of such forged or falsified instrument.Illegal possession and use of false treasury or bank notes and other instrument of credit239 a.242 b. Any treasury or bank note or certificate or other obligation and security payable to bearer. By giving to a treasury or bank note or any instrument payable to bearer or to order. c. or 2.
bear some resemblance to each other 2. Requisites: i.Falsification of documents by public officer. There be an intent to imitate. and 87 . or notary public. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Offender caused it to appear in a document that a person/s participated in an act or a proceeding. 3. or notary or ecclesiastical minister243 a. officer. or an attempt to imitate ii. Requisites: i. c. the genuine and the forged. He takes advantage of his official position. employee. Counterfeiting or imitating any handwriting. He falsifies a document by committing any of the following acts: 1. b. signature or rubric. The two signatures or handwritings. Offender is a public employee. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.
certificate of deposits. or wireless. Offender makes in a document statements in a narration of facts 237 Art. drafts for money. substituting. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes 240 Article 169 Forgery under the Revised Penal Code applies to papers. 238 Art. certificate of indebtedness. or telegraph messages. otherwise. When what is being counterfeited is obligation or securities. Notice that mere change on a document does not amount to this crime . 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. which under the Revised Penal Code is given a status of money or legal tender. the crime committed is forgery.g. 167 239 Art. checks. falsifying – lotto or sweepstakes ticket. sweepstakes money If the falsification is done on a document that is classified as a government security. public or official. whether coins or bills. treasury notes. which is given the same status as legal tender. figure or design would amount to forgery. coupons.ii. 241 Art. it would only be frustrated forgery. 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. then the offender may either have violated Article 171 or 172. what is used is “forgery. Generally. words. The term forgery as used in Art. 171 applies. Art. or private documents. Making untruthful statements in a narration of facts245 Requisites: i. national bank notes. The essence of forgery is giving a document the appearance of a true and genuine document. then the crime is punished under Article 166. At most. which are in the form of obligations and securities issued by the Philippine government as its own obligations. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. commercial. Distinction between falsification and forgery Falsification is the commission of any of the eight acts mentioned in Art. 170 Accused must not be a public official entrusted with the custody or possession of such document.” Counterfeiting refers to money. 88 . 171 on legislative. Not any alteration of a letter. the word “counterfeiting” is not used when it comes to notes. if it is not a government security. Such person/s did not in fact so participate in the act or proceeding 4. number. On the other hand. signs contained therein e. bills. counterfeiting or altering by any means the figures and letters.
the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Making any alteration or intercalation in a genuine document which changes its meaning. Made on a genuine document iii. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. Issuing in an authenticated form a document purporting to be a copy of an original document when no such Falsification by private original exists. 242 The words "municipal council" should include the city council or municipal board – Reyes 243 Art. not a conclusion of law. true and authentic legislative document. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5. that of the genuine original247 or The falsification must be committed on a genuine. The change made the document speak something false. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. 171 245 For one to be held criminally liable. The alteration/intercalation has changed the meaning of the document iv. Ex. spurious or fabricated legislative document. This kind of falsification may be committed by omission There must be a narration of facts. If committed on a simulated. There be an alteration (change) or intercalation (insertion) on a document ii. Requisites: i. 7. or including in such copy individuals and use of a statement contrary to. Altering true dates246 6. 171 or 172. the crime is not punished under this article but under Art. or different falsified documents from.iv. Must be on a material matter 89 .
it is not necessary that there be present the idea of gain or the intent to injure a third person . supra 249 Under this paragraph. It can also refer to a public officer or notary who prepared and retained a copy of the document. entries which are not found on contrary to. Offender is a private individual or a public officer or employee who did not take advantage of his official position. Offender committed any of the acts of falsification. it is presumed If the falsification of public. Falsification document244 of private b.248 c. (Sarep vs. The falsification can be done in two ways. He committed any of the acts of falsification enumerated in Art. registry. or official book.249 a. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. It can be a certification purporting to show that the document issued is a copy of the original on record when no such original exists. 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. The falsification was committed in any private document c.8. 248 Falsification of Public/Official Documents: Prejudice to third persons is immaterial. or different from the original genuine document on file. The falsification was committed in any public or official or commercial document. 171. 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. Sandiganbayan) 90 . except those in paragraph 7 and 8. enumerated in Art. official or commercial documents. what is punished is the violation of public faith and perversion of truth which the document proclaims. damage is not essential. 247 if no knowledge. whether they be public official or by private individuals. Use of falsified document b. a. 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. The falsification caused damage250 to 244 Art. 171. 246 Date must be essential The document must be material to the right created or to the obligation that is extinguished. Intercalating any instrument or note relative to the issuance thereof in a protocol.
no crime of estafa thru falsification of private document intent to cause damage not necessary not in judicial proceedings The user of the falsified document is deemed the author of falsification. The use of the documents caused damage to another or at least was used with intent to cause such damage. 3. a. 171 or in any subdivisions nos. He introduced said document in evidence in any judicial proceeding.251 b. the use is so closely connected in time with the falsification b. hence. Offender knew that a document was falsified by another person. the user had the capacity of falsifying the document 91 . 172. 1 and 2 of art. 2. Use in any other transaction: 1. 3. 171 or in any of subdivisions nos. Introducing in a judicial proceeding: 1. The false document is embraced in art. Offender knew that a document was falsified by another person. 250 251 252 essential element. 2. if: a. 1 and 2 of art.a third party or at least the falsification was committed with intent to cause such damage. The false document is embraced in art. 172. He used such documents252 4.
uttering fictitious wireless. Uttering fictitious. telegraph. falsifying wireless. b. telephone message engaged in the service of sending or receiving wireless. b. Offender is an officer or employee of the government or an officer or employee of a private corporation. cable. and use of said falsified 253 messages a.Falsification of wireless. Accused following acts: commits any of the i. or telephone message 253 Art. cable. telegraph. Accused following acts: commits any of the i. Falsifying wireless. cable. must be engaged in the service of sending or receiving wireless. cable. cable and telegraph or telephone message 92 . to be liable. the government or an officer or wireless. or ii. cable or telephone message. or telephone message. 173 The public officer. Using such falsified message ii. cable. telegraph or telephone message a. or telephone message 2. or telephone message. or 3. telegraph. uttering fictitious wireless. falsifying wireless. telegraph or employee of a private corporation. cable or telephone message. telegraph. telegraph. and telephone messages. Offender is an officer or employee of 1. engaged in the service of sending or receiving wireless.
Accused used such falsified dispatch. or similar circumstances. He used the same. c. telegraph. in certificates. Offender knew that the certificate was false. certificates connection with the practice of his of merit or service and profession. good conduct or similar circumstances c. A physician or surgeon has issued a false medical certificate. b. Manufacturing 254 255 256 257 and a. or a public officer has issued a false certificate of merit or service. issued a false certificate256 the like255 b. 174 Such certificate must refer to the illness or injury of a person Art. Accused knew that wireless. 175 93 . or that the use thereof was with intent to cause such prejudice. or a private person had falsified any of said certificates. Making or introducing into the supra Art. or telephone message was falsified by any of the person specified in the first paragraph. Physician or surgeon who. c. good conduct.a. Falsification of medical a.254 b. Public officer who issued a false certificate of merit of service. cable. The use of the falsified dispatch resulted in the prejudice of a third party. Private individual who falsified a certificate under (a) and (b) Using false certificates257 a.
possession of intruments Philippines any stamps. As an officer. 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 functions259 1. b. to any public office If the offender commits the acts of usurpation as contemplated herein. to the gov’t b. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. Offender knowingly and falsely represents himself. dies or marks or implements for or other instruments or implements for falsification258 counterfeiting or falsification b. agent or representative of any department or agency of the Philippine government or of any foreign government. By performing an act a. Not necessary that he performs an act pertaining to a public officer. 2. and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition. 177 In usurpation of authority : The mere act of knowingly and falsely representing oneself is sufficient. to any person in authority c. By knowingly and falsely representing oneself to be an officer. agent or representative of any department or agency of the Philippine gov’t or any 260 foreign gov’t . 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. 258 Art. 260 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. 176 The implement confiscated need not form a complete set Constructive possession is also punished 259 Art. The elements of false pretense is necessary to commit the crime of usurpation of official function. a. 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. 94 . Offender performs any act.
In concealment of true name. 3. Offender uses a name other than his real name. Using fictitious name261 a. the offender presents himself before the public with another name. Offender conceals – 1. all other personal circumstances.263 a. In the use of fictitious name. Purpose of the offender is – 1. upon being interrogated. and without being lawfully entitled to do so. d. Without being lawfully entitled to do so. and c. gov’t or foreign gov’t under the pretense of such official position. c. just enough to conceal the name of the offender. to cause damage to public interest. 2. surname. Under pretense of official position. and 2. 262 Art. to conceal a crime. the deception is done momentarily. b. is guilty of this crime 95 . The name of a person refers to his first name.pertaining to any person in authority or public officer of the Phil. his true name. that the purpose is only to conceal his identity. b. A person under investigation by the police who gives a false name and false personal circumstances. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. to evade the execution of a judgment. His only motive in doing so is to conceal his identity. Pertaining to any person in authority or public officer of the Philippine government or any foreign government. He uses that fictitious name publicly. Any other name which a person publicly applies to himself without authority of law is a fictitious name. concealing true name262 261 The name of a person is what appears in his birth certificate. or any agency thereof. or 3. and maternal name.
Offender makes use of insignia. b. of defendant in a criminal case266 b. c. e. The testimony must be given in a cases267 civil case. insignia264 uniform or dress. Offender who gives false testimony knows that it is false. In favor of the defendant. 96 . c. d. Under oath against the defendant defendant265 therein. 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. b. False testimony in civil a. A person gives false testimony. The testimony must relate to the issues presented in said case. c.Illegal use of uniform or a. The false testimony must be given by the defendant knowing the same to be false. The insignia. d. b. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. There be a criminal proceeding. Said insignia. In a criminal case. uniform or dress is used publicly and improperly. The testimony must be false. False testimony against a a. Offender testifies falsely False testimony in favor a. c.
Such gifts or promise was the consideration for his refraining from taking part in that public auction. and c. Accused had the intent to cause the reduction of the price of the thing auctioned. The sworn statement or affidavit containing the falsity is required by law. a.e. b. He knew the witness or the testimony was false. authorized to receive and administer oath. Accused solicited any gift or a promise from any of the bidders. b. The offer was made in a judicial or official proceeding. There be a public auction. c. Machinations auction270 in public a. 97 . Offering false testimony a. The statement or affidavit was made before a competent officer. b. The testimony must be malicious and given with an intent to affect the issues presented in the said case False testimony in other An accused made a statement under cases and perjury in oath or made an affidavit upon a 268 solemn affirmation material matter. c. Offender offered in evidence a false in evidence269 witness or false testimony. In that statement or affidavit. d. the accused made a willful and deliberate assertion of a falsehood.
Combination to prevent agreement or taking part in any free competition in the conspiracy or combination in the form market of a trust or otherwise. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured. 3. Manufacturer. assembled or imported into the Philippines Importation and disposition of falsely a. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. 98 . conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the 273 merchandise. Manufacturer. b. producer. Offender imports. In restraint of trade or commerce or to prevent by artificial means free competition in the market. To restrain free competition in the market. c. b. producer or processor or importer combining. Monopoly to restrain free competition in the market 4. sells or disposes of marked articles or any of those articles or merchandise. By monopolizing any merchandise or object of trade or commerce. in restraint of trade or commerce or prevent by artificial means free competition in the 272 market.Monopolies and combinations in restraint of trade271 a. a. or by combining with any other person or persons to monopolize said merchandise or object. b. conspires or agrees with any person. processed. produced. Combines. processor or importer of any merchandise or object of commerce. In order to alter the prices thereof by spreading false rumors or making use of any other artifice. c. a. Entering into any contract or 1. 2.
respect. 180 Requires criminal intent.is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films. silver. 1. can’t be committed through negligence. or other b. or insignia of a non-existing office or establishment is not a crime. 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. c. a colorable resemblance calculated to deceive the common run of people is sufficient. or influence which the public looks up to.merchandise made of gold. a. The New Public Bidding Law 275 1) Prohibited acts 263 264 ex. 493. dignity. 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. So also. brands. The stamps. It is necessary that the uniform or insignia represents an office which carries authority. or to deny the same. 266 Art. brand. Signing fictitious name for a passport Art. an exact imitation of a uniform or dress is unnecessary . or to alter essentially the truth. 181 False testimony by negative statement is in favor of the defendant 99 . Nature of the crime of false testimony. 265 Art. or marks or precious metals or their those articles or merchandise fails to alloys274 indicate the actual fineness or quality of said metals or alloys. The wearing of insignia. 179 The wearing of a uniform. or mark fails to indicate the actual fineness or quality of the metals or alloys. the crime is not committed. Offender knows that the said stamp. 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 . 2. no crime is committed.
but not more than fifteen (15) years: 1. even if the allegations are false. he is not liable. then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. prior to the appointed time for the public opening of Bids or other documents. (Diaz vs. Since admittedly perjury can only be committed by means of dolo. it is sufficient If there is no requirement of law to place the statement or testimony under oath. the crime is perjury) 268 Art. It is enough that he testifies falsely with deliberate intent. Even if there is no law requiring the statement to be made under oath. Bella David). 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. In false testimony. If he merely denies the commission of the offense. Open any sealed Bid. People. by making a false statement False testimony vs. A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs.(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. as long as it is made for a legal purpose. 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. 191 SCRA 86) 100 . So if the affidavit was made but the same is not required by law. 183 2 ways of committing perjury: a. the crime committed is perjury. Perjury: When one testifies falsely before the court. which is the willful and corrupt assertion of a falsehood. In perjury. 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. 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. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property. by falsely testifying under oath b. or an affidavit of good moral character to take the bar examination . 267 Art. it is not required that the offender asserts a falsehood on a material matter. 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). there is no perjury committed through reckless imprudence or simple negligence under Article 365. If one testifies falsely in a non-judicial proceeding. There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury. the crime committed is false testimony. 182 Not applicable when testimony given in a special proceeding (in this case.
to increase the market price of any merchandise or object of commerce manufactured. goods of prime necessity 272 It is enough that initial steps are taken. without justifiable cause. 365) 270 Art. The proceedings are either judicial or official. the screening for eligibility. It is not necessary that there be actual restraint of trade 273 Person/s liable: 101 . The witness is able to testify and the offender. opening of bids. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. 184 will not apply. 182. (People vs. to make transactions prejudicial to lawful commerce b. The mere offer is sufficient. The false testimony is not in a judicial proceeding 269 Art. 181. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer. or 183 as the case may be. There is a formal offer of testimonial evidence in the proceedings. In this case. 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.I. assembled or imported into the Phil Aggravated if items are: a. So if the offeror. and awarding of contracts beyond the prescribed periods of Bids or other documents. food substance b. Delaying. nevertheless offers the same in evidence. 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. produced. 186 The purpose is: a. it is a crime defined and punished under the Revised Penal Code. knowing the testimony is given by the witness to be false. 3. 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. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. testifies falsely. is perjury. evaluation and post evaluation of bids. processed. The applicable article will be Article 180. is also the person responsible in inducing or convincing the false witness to lie. Nevertheless. 184 The false witness need not be convicted of false testimony. 185 271 Art. the inducer as principal by inducement and the induced party as the principal by direct participation. the person offering the false testimony must have nothing to do in the making of the false testimony. aside from being such. Art. 66 Phil. motor fuel or lubricants c. Padol.2. The offenders in this case will be charged with perjury.
importer Crime is committed by: a. 102 . declare a failure of bidding.4. or if the collusion is between or among the bidders themselves. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act. If the BAC is found to have failed in following the prescribed bidding procedures. suppress or nullify competition. 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. 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. combining b. . a. silver and other precious metals. 9184 276 Reservation Clause. or c. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed.A. What the law punishes herein is the selling of misbranded goods made of gold. Therefore. including any act which restricts. the existence of such fact may be seriously considered as a defense. 5. Splitting of contracts which exceed procedural purchase limits and competitive bidding.The Head of the Agency reserves the right to reject any and all Bids. dishonesty is an essential element of the crime. or not award the contract in the following situations: a. agent/representative c. Hence. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41 276 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47277 of this Act. 275 R. conspiring c.In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act. 187 To be criminally liable. . manufacturer b. agreeing with another person Also liable as principals: a. it must be shown that the seller knows that the merchandise is misbranded. 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. producer c. processor d. or between a bidder and a third party. suppresses or nullifies or tends to restrict. director/manager – who willingly permitted or failed to prevent commission of above offense 274 Art. 277 Disclosure of Relations. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity. b. or between the BAC and any of the bidders.
while the private individual shall be permanently disqualified from transacting business with the government. 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. or which call for withdrawal of bids already submitted. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts.When any of the foregoing acts is done in collusion with private individuals. When a bidder. 4. including any public officer. shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 103 . 3. 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. In addition. 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. corporations. When two or more bidders agree and submit different Bids as if they were bona fide. who conspires with them. or which are otherwise intended to secure as undue advantage to any one of them. by himself or in connivance with others. When a bidder maliciously submits different Bids through two or more persons. (b) Private individuals who commit any of the following acts. partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. (c) Private individuals who commit any of the following acts. and any public officer conspiring with them. 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. 2. In addition. the public officer involved shall also suffer the penalty of temporary disqualification from public office.
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. unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register. 4. performance security.278 b. 104 . preparatory to the final award of the contract. or to accept and award.281 278 279 280 Sec. This shall include the non-submission of requirements such as. but not limited to. after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid. criminal liability and the accessory penalties shall be imposed on its directors.A. 3. Withdraw a Bid. in order to influence the outcome of the public bidding. (d) When the bidder is a juridical entity. Anti-Alias Law279 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. or such substitute name as may have been authorized by a competent court.280 The act of using an alias name. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents. 2.1. 65. officers or employees who actually commit any of the foregoing acts. 142 Sec. without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. C. 1. or in case of an alien. 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. with which he was registered in the bureau of immigration upon entry.
Apparatus. 10 105 . Manufacture or Delivery of Equipment. 6 286 Sec. 4 284 Sec.284 3. cinema. No. radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. 142 as amended ( Ursua case) 282 R.288 281 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. Dive or Resort. Administration.285 4.A. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The Comprehensive Dangerous Drugs Act of 2002282 i) Punishable acts 1. television. 9 288 Sec. 9165 283 Sec.286 5. Instrument.A.2) Exception As a pseudonym solely for literary. Maintenance of a Den. Crimes Relative to Opium and other Prohibited Drugs a.283 2. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals287 6. 5. Trading. Sale. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Dispensation. 5 285 Sec. 8 287 Sec. Delivery. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Unlawful Prescription of Dangerous Drugs. unless authorized by law. Sec. Instrument. Sec. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral.295 13. 289 290 291 292 293 294 295 296 297 Sec.293 12. Sec.297 ii) Who are liable With respect to No. Unnecessary Prescription of Dangerous Drugs.7. Possession of Equipment. Possession of Dangerous Gatherings or Meetings291. Sec. shall import any controlled precursor and essential chemical. Social 10. Sec.290 9. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. unless authorized by law.292 11. Instrument. Drugs During Parties. Apparatus and Other Paraphernalia for Dangerous Drugs.294 13. Sec. regardless of the quantity and purity involved. shall import or bring into the Philippines any dangerous drug. Sec. decorative and culinary purposes. Possession of Equipment. Social Gatherings or Meetings. who. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. who. Possession of Dangerous Drugs289 8. Use of Dangerous Drugs. Sec. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Any person. Any person.296 14. 11 12 13 14 15 16 17 18 19 106 . 1.
dispense. or resort where any controlled precursor and essential chemical is used or sold in any form. dispense. Drug pushers who use minors or mentally incapacitated individuals as runners. who. In addition. dive or resort where any dangerous drug is used or sold in any form. Any person. shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport. shall sell. couriers and messengers. who. dive. administer. or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. who. Any person or group of persons who shall maintain a den.Any person. 2. including any and all species of opium poppy regardless of the quantity and purity involved. trade. unless authorized by law. Any person. shall sell. distribute. distribute dispatch in transit or transport any dangerous drug. Any person or group of persons who shall maintain a den. trade. administer. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person. deliver. 3. Any person. give away to another. unless authorized by law. who acts as a "protector/coddler" of any violator of the provisions under this Section. Any person. unless authorized under this Act. who organizes. or shall act as a broker in any of such transactions. Any person who organizes. diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. 107 . manages or acts as a "financier" of any of the illegal activities prescribed in this Section. dispatch in transit or transport any controlled precursor and essential chemical. deliver. or shall act as a broker in such transactions. who acts as a "protector/coddler" of any violator of the provisions under this Section. Any person who organizes. give away to another. the diplomatic passport shall be confiscated and canceled.
unless authorized by law. 108 . who. shall manufacture any controlled precursor and essential chemical. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. unless authorized by law. shall engage in the manufacture of any dangerous drug. who acts as a "protector/coddler" of any violator of the provisions under this Section. store. shall possess or have under his/her control any equipment. instrument. prepare. Any person. Any person found possessing any dangerous drug during a party. apparatus and other paraphernalia for dangerous drugs. instrument. 7. Any person. Any person who shall deliver. who uses a minor or a mentally incapacitated individual to deliver such equipment. convert. who. compound. knowing. manufacture. who acts as a "protector/coddler" of any violator of the provisions under this Section. 5. produce. propagate. or introducing any dangerous drug into the body: 9. possess with intent to deliver. apparatus and other paraphernalia fit or intended for smoking. regardless of the degree of purity thereof: 8. consuming. test. cultivate. process. who. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. Any person. instrument. unless authorized by law. who organizes. or under circumstances where one reasonably should know. or at a social gathering or meeting. 4. Any person.Any person. unless authorized by law. Any person. shall illegally divert any controlled precursor and essential chemical. grow. analyze. that it will be used to plant. Any person. or in the proximate company of at least two (2) persons. Any person. administering. unless authorized by law. who. 6. shall possess any dangerous drug in the quantities mentioned. harvest. apparatus and other paraphernalia for dangerous drugs. who. pack. ingesting. repack. or manufacture with intent to deliver equipment. Any person. injecting.
13. 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. Any person. … subject to the provisions of Article VIII298 of this Act. during parties. A person apprehended or arrested. who is found to be positive for use of any dangerous drug. who acts as a "protector/coddler" of any violator of the provisions under this Section. wholesaler. importer. iii) Attempt or conspiracy. Any person. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. ingesting. who shall possess or have under his/her control any equipment. or introducing any dangerous drug into the body. distributor. unless authorized by law. social gatherings or meetings. or in the proximate company of at least two (2) persons. manufacturer. opium poppy or any other plant regardless of quantity. who shall plant. instrument. who organizes. Any person. Any practitioner. administering. apparatus and other paraphernalia fit or intended for smoking.10. 12. 11. Any person. 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: 298 299 Program for Treatment and Rehabilitation of Drug Dependents Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals 109 . consuming. after a confirmatory test. who. 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 40299 of this Act. injecting. 14. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. cultivate or culture marijuana.
trading. and may plead or prove the giving of such information and testimony in bar of such prosecution. (3) Such information and testimony can be corroborated on its material points.(a) Importation of any dangerous drug and/or controlled precursor and essential chemical. 5. id. dispensation. 15. 12. who voluntarily gives information about any violation of Sections 4. id. 301 Conditions: (1) The information and testimony are necessary for the conviction of the persons described above. identities and arrest of all or any of the members thereof. and 16. and 19. distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. and who willingly testifies against such persons as described above. Article II of this Act. 13. dive or resort where any dangerous drug is used in any form. delivery. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. (2) Such information and testimony are not yet in the possession of the State. 10. and (e) Cultivation or culture of plants which are sources of dangerous drugs. administration. (c) Maintenance of a den.300 (iv) Immunity from prosecution and punishment Any person who has violated Sections 7. 8. (b) Sale. 6. or any information leading to the whereabouts. (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical. 14. 110 . 11. 26. 302 Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. except when there is no other direct 300 301 302 Sec.
any condition or undertaking. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided. and (5) The informant or witness shall strictly and faithfully comply without delay.evidence available for the State other than the information and testimony of said informant or witness. finally. further. reduced into writing. 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. That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. 33 111 .303 303 Sec.
Highly scandalous conduct does not expressly fall within any other article of the RPC c. give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty. Crimes Against Public Morals Crimes Grave scandal304 Elements/Persons liable Offender performs an act a. Those who publicly expound or obscene publications proclaim doctrines that are contrary to and exhibitions306 public morals 304 Art. it is sufficient if in public place. the number of people who sees it is not material). it may occur even in a private place.305 Immoral doctrines. etc Customs: refers to established usage. For public knowledge.6. Mere nudity in paintings and pictures is not obscene 112 . 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. Highly scandalous as offending against decency or good customs b. 305 The public view is not required. Committed in a public place or within the public knowledge or view. They are committed publicly and thus. good taste. 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. 306 Art. 200 Grave scandal: consists of acts which are offensive to decency and good customs. 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. a.
published with their knowledge in any form c. Authors of obscene literature. Owners or operators of establishments selling obscene literature e. sculptures or literature which are offensive to morals 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 113 . Those who sell. engraving. distribute. acts or shows ion theaters. Those who exhibit indecent or immoral plays. fairs. cinemas or any other place f. scenes. Editors literature publishing such obscene d.b. or exhibit prints.
Persons tramping or wandering around the country or the streets with no visible means of support d. Ruffians or pimps and those who habitually associate with prostitutes308 f. Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit309 and Prostitutes307 307 308 309 Art. Persons found loitering in inhabited or uninhabited places belonging to others.Vagrants a. Idle or dissolute persons lodging in houses of ill-fame e. without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. Persons found loitering around public and semi-public places without visible means of support c. 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. 202 may include even the rich if a man indulges in the same conduct: vagrancy 114 .
agent or subordinate official in the gov’t or any of its branches. or not supported by the evidence. Due to inexcusable negligence or 310 a case Art. 203 Public officer a. 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). Judgment is manifestly unjust d. Takes part in the performance of public functions in the Government. Judgment is unjust d. Offender is a judge through negligence312 b. 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 311 Art. 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. or b. Knowledge that the decision is unjust Judgment rendered a. 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 115 .7. Offender is a judge unjust judgment311 b. Performs public duties as an employee. 312 Art. 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. Crimes Committed by Public Officers Crimes 310 Elements/Persons liable Knowingly rendering an a. Public officers: embraces every public servant from the lowest to the highest rank A government laborer is not a public officer. Renders a judgment in submitted to him for decision c. Renders a judgment in the case submitted to him for judgment c. However.
313 Art. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. or assists in the escape of an offender. Malicious delay administration justice314 in the a. Note however. Offender is a public officer or officer prosecution of offenses315 of the law who has a duty to cause the prosecution of. 207 Mere delay without malice is not punishable 315 Art. or 2. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. Offender is a judge. the administration of d. knowingly renders unjust interlocutory order or decree. Dereliction of duty in the a. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. He delays justice. b. when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. It is not a final determination of the issues of the action or proceeding 314 Art. He is not an accessory Article not applicable to revenue officers 116 . that is. 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. or b. or to prosecute offenses. The delay is malicious. 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.ignorance Unjust order313 interlocutory a. conceals. c. There is a proceeding in his court. He performs any of the following acts: 1. Offender is a judge.
knowing the commission of the crime. by any malicious breach of professional duty. Causing damage to client318 either attorney or solicitor317 1. he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 317 Art. 318 prejudice is essential 319 damage not necessary 320 id. by inexcusable negligence or ignorance. he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed. b. Revealing any of the secrets of his client learned by him in his professional capacity319 c. Not necessarily a public officer although all lawyers are officers of the court.320 316 that is. or 2. 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. 209. Offender acts with malice and deliberate intent to favor the violator of the law. 117 . There is dereliction of the duties of his office316 c. Betrayal of trust by an a.b.
In direct bribery however. It could be in the form of money. voluntarily offered by a private person b. in consideration of an execution if an act which does not constitute a crime. experts or any other person performing public duties Cannot be frustrated. 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. This is not necessary in prevaricacion 322 supra 323 mere agreement consummates the crime 324 delivery of consideration is not necessary 325 delivery of consideration is necessary 118 . both consisting of omissions to do an act required to be performed. An accepted offer or promise of a gift is sufficient. 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. Such offer or promise be accepted or gift/present received by the public officer323 1.322 b. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors. 210 For purposes of this article.325 or 3. Offender be a public officer within the scope of Art 203. 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. Offender accepts an offer or promise or receives a gift or present by himself or through another c. with a view to committing some crime324 or 2. property or services If the act required of the public officer amounts to a crime and he commits it. solicited by the public officer and voluntarily delivered by the private person c. arbitrators. However.Direct bribery321 a. Bribery exists when the gift is: a. to refrain from doing something which is his official duty to do. temporary performance of public functions is sufficient to constitute a person a public officer. a gift or promise is given in consideration of the omission. only attempted or consummated. but the act must be unjust. 321 Art. if the offer is not accepted.
Qualified bribery327 a. circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former. promise or gift Corruption officials329 326 of public a. Mere physical receipt unaccompanied by any other sign. He accepts gifts. In the latter case.D. including Christmas are liable under P. 46. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. the crime is direct bribery 329 Art. Art. 212 The offender is the giver of the gift or the offeror of the promise. Said gifts are offered to him by reason of his office. Offender makes offers or promises or gives gifts or present to a public officer. 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. c. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 327 Art.d. In consideration of any offer. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties Indirect bribery326 a. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death328 c. b. The act may or may not be accomplished 119 . 211-A 328 if lower penalty than stated. it is not necessary that the officer do any act. Public officer entrusted with law enforcement b. Offender is a public officer. 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.
Offender is a public officer entrusted Under P. 213.b. the crime is indirect bribery When there is deceit in demanding larger fees. informant has been previously convicted of a crime involving moral turpitude 330 Art. that is. Offender is a public officer. However. Illegal exactions331 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. 749. 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 331 Mere demand of a larger or different amount is sufficient to consummate the crime. he intervened in the transaction in his official capacity. the crime committed is estafa May be complexed with malversation 120 . He should have taken advantage of his office. par. b. a felony under this article is not committed. c. d. The essence is the improper collection (damage to gov’t is not required) If sums are received without demanding the same. He offers or promises are made or the gifts or presents given to a public officer. under circumstances that will make the public officer liable for direct bribery or indirect bribery Frauds against 330 treasury public a. information and testimony can be corroborated on its material points e. the information and testimony are not yet in the possession of the State d. 1 Notes: a. necessity of the information or testimony c. if the sum is given as a sort of gift or gratification. The public officer must act in his official capacity b.D. information refers to consummated violations b. or (c) the adjustment or settlement of account relating to a public property or funds. Accused had intent to defraud the government. 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.
with the collection of taxes. things or objects of a nature different from that provided by law. or 3. b. However. directly or indirectly. regularly buying securities for resale is speculation 121 . fees and other imposts. directly or indirectly the payment of sums different from or larger than those authorized by law. He commits any of the frauds or deceits enumerated in Arts. b. as provided by law. licenses. failing voluntarily to issue a receipt. Other frauds332 a. demanding. commodities. swindling 334 Art. by way of payment or otherwise. 315 and 316. land etc. c.333 Prohibited transactions334 a. for any sum of money collected by him officially. Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law 332 Art. He is guilty of any of the following acts or omissions: 1. He takes advantage of his official position. 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. or 2. Collecting or receiving. Offender is a public officer. Offender is an appointive public officer. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 333 estafa. 215 Examples of transactions of exchange or speculation are: buying and selling stocks.
He becomes interested in transaction during his incumbency. when they are in conspiracy with public officers. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. Malversation of public a. directly or indirectly. Public officer – in any contract or interests by a public business in which it is his official duty to officer335 intervene. 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. what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Offender be a public officer337 funds or property336 335 Art. Guardians and executors – with respect to property belonging to their wards or the estate.b. b. he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. distribution or adjudication of which they had acted. the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government. 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. c. or the obligation to account for them. The transaction takes place within the territory subject to his jurisdiction. Experts. 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 336 Art. the Possession of prohibited a. in any transaction of exchange or speculation. c. 216 Actual fraud is not necessary. and 122 . He becomes interested. Otherwise.
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. whether in officer to render the service or separated therefrom. by any authorized officer. shall be prima facie evidence that he has put such missing funds or property to personal use. Consented or. 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 337 or private person if entrusted with public funds or connived with public officers 338 If not accountable for the funds. deposited or commingled with public funds 340 It is not necessary that the offender profited thereby. if at the very moment when the shortage is discovered. theft or qualified theft 339 Even if private funds if attached. when they have charge of national. Those funds or property were public funds or property339 d. 341 accounts b. the presumption does not arise Returning the embezzled funds is not exempting. seized.b. lack of criminal intent or good faith is a defense The failure of a public officer to have any duly forthcoming public funds or property upon demand. through abandonment or negligence. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. His being remiss in the duty of safekeeping public funds violates the trust reposed 123 . and he immediately pays the amount from his pocket. He: 1. He had the custody or control of funds or property338 c. However. Offender is a public officer. the accountable officer is notified. provincial or municipal funds. property 2. Took or misappropriated them 3. revenues or property in any capacity In malversation through negligence. 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.340 Appropriated the funds or Failure of accountable a. permitted any other person to take such public funds or property.
funds or property343 b. c. Offender is a public officer. He must be an accountable officer for the country342 public funds or property. the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 344 or be on the point of leaving 345 without this. 220. public officer to render accounts before leaving b. c. He must be an accountable officer for public funds property. Such public fund or property has been appropriated by law or ordinance345 d. or to a provincial auditor. 217. Failure of a responsible a. He must have unlawfully left344 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. 218 Demand and misappropriation are not necessary 342 Art. it is simple malversation even if applied to other public purpose. c. To distinguish this article with Art. Illegal use of public a. 124 . He fails to do so for a period of two months after such accounts should be rendered. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 343 Art. Offender is a public officer. just remember that in illegal use of public funds or property. He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance 341 Art. Technical malversation. He is required by law or regulation to render accounts to the commission on audit.b. There is public fund or property under his administration. the offender does not derive any personal gain. c.
Offender has gov’t funds or property of public funds or in his possession 346 property b. seized or deposited by public authority. make payment from such funds 2. either detention prisoner or prisoner by final judgment. He was in connivance with the prisoner in the latter’s escape Evasion negligence348 346 through a. Administrator or depositary of funds or property that has been attached. 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. 347 consenting to evasion b. 221 Penalty is based on value of funds/property to be delivered Persons who may be held liable under Arts. He maliciously fails or refuses to do so Conniving with or a. provincial or municipal funds. Offender is a public officer. He is under obligation to either: 1. He is charged with the conveyance or custody of a prisoner. or property 2. Private individual who. 217 to 221: 1. Offender is a public officer (on duty).Failure to make delivery a. in any capacity. even if owned by a private individual 347 Art. have charge of any national. to deliver property in his custody or administration when ordered by competent authority c. Such custody prisoner escaped from his d. Art. c. 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 125 . revenue. 223 Detention prisoner: refers to a person in legal custody.
pamphlets etc. Such prisoner escapes through his negligence. either detention prisoner or prisoner by final judgment. if he is a prisoner by final judgment. concealment. c. c. He abstracts. destroys or conceals a document or paper. he is liable for evasion of service (Art.b. He is charged with the conveyance or custody of a prisoner. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 351 must be on duty 352 Art. d. a. The conveyance or custody of a officer350 prisoner or person under arrest is confined to him.349 Escape of prisoners a. 157) b. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books. 224 The article punishes a definite laxity which amounts to deliberate nonperformance 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. Offender is a private person351 under the custody of a person not a public b. if he is a detention prisoner. or destruction of documents352 b. or that the escape takes place through his negligence Removal. 348 Art. he does not incur criminal liability (unless cooperating with the offender) 349 Penalty based on nature of imprisonment 350 Art. 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 126 . Offender be a public officer. are not documents “Papers” would include checks. periodicals. Offender consents to the escape of the prisoner or person under arrest. The prisoner or person under arrest escapes.
damage is presumed 354 Art. Opening of 354 documents closed a. There is illicit purpose when the intention of the offender is to: a. Said document or paper should have been entrusted to such public officer by reason of his office. 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 353 Art. b. d. b. He opens or permits to be opened Removal of a document or paper must be for an illicit purpose. or objects are entrusted to his custody. c. to a third party or to the public interest should have been caused. Offender is a public officer. to profit by it c. These papers or property are sealed by proper authority. Offender is a public officer. Any closed papers. Officer breaking seal353 a. c. 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.c. Damage. He is charged with the custody of papers or property. documents. tamper with it b. whether serious or not. He breaks the seals or permits them to be broken. 228 Damage also not necessary 127 . 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.
355 Art. papers. documents or d. not be d. Damage be caused to public interest. He knows of a secret by reason of his official capacity. Revelation of secret by an officer355 a. 1. Damage. c. The delivery is wrongful. f. He does not have proper authority. 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. their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed 128 . Offender is a public officer. he is not liable under this article If the papers contain secrets which should not be published. He reveals such secret authority or justifiable reasons. which he may have charge356 and which should not be c. and the public officer having charge thereof removes and delivers them wrongfully to a third person. the crime may be espionage 356 “Charge”: means custody or control. On the other hand. Offender is a public officer. Those papers should published: published. if the papers do not contain secrets. e. 2.said closed objects. without d. great or small. He has charge of papers. be caused to the public interest. the crime is revelation of secrets. If he is merely entrusted with the papers and not with the custody thereof. He delivers those papers or copies thereof to a third person. a. Delivering wrongfully papers or copies of papers of b. If regarding military secrets or secrets affecting state security. By reason of his official capacity b.
An order is issued by his superior for suspended by inferior execution. Offender is a judicial or executive officer. Offender without any legal justification openly refuses to execute the said judgment. He has for any reason suspended the execution of such order. c. decision or order of superior authority. superior officer when said order was b. 232 A public officer is not liable if the order of the superior is illegal 129 . Open disobedience358 a. He reveals such secrets without authority or justification reason. decision or under which he is duty bound to obey. He knows of the secret of a private individual by reason of his office. His superior disapproves the suspension of the execution of the 357 Art. Offender is a public officer private b.Public officer secrets of 357 individual revealing a. Such judgment. b. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. officer359 c. he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 358 Art. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 359 Art. Disobedience to order of a. Offender is a public officer. 230 Revelation to one person is sufficient If the offender is an attorney. c. d. d. There is a judgment.
Offender disobeys his despite the disapproval suspension Refusal of assistance360 a. b. c. He has under charge a prisoner or 360 Art. c. He refuses to be sworn in discharge the duties of said office. Offender fails to do so maliciously. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner. is a public officer or b. Offender is a public officer. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. 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 362 Art. e. Refusal to discharge 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 130 . A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. Offender employee. Maltreatment prisoners362 of a. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 361 Art. by popular or superior of the b.order. Offender is elected 361 elective office election to a public office.
d. by the imposition of punishments not authorized by the regulations./or given the bond required by law. Anticipation of duties of a. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. b. Offender is entitled to hold a public a public office365 office or employment. or 2. c. 237 The article contemplates officers who have been suspended. Prolonging performance a. either by election or appointment. 236 366 Art. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. Offender is holding a public office. by inflicting such punishments364 in a cruel and humiliating manner. of duties and powers366 363 364 otherwise the crime is physical injuries those authorized 365 Art. or ii. The law requires that he should first be sworn in and/or should first give a bond. He maltreats such prisoner in either of the following manners: 1. He assumes the performance of the duties and powers of such office. separated or declared over-aged or dismissed 131 . He has not taken his oath of office and.detention prisoner363 c.
b. His resignation has not yet been accepted. He continues to exercise 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 executive a. Offender is a public officer. Offender is an executive or judicial powers368 officer. Offender is a judge. makes general rules or regulations beyond the scope of his authority or 2. c.b. Dereliction of Duty . He formally resigns from his position. Abandonment of office or a.public officer does not abandon his office but merely fails to prosecute a violation of the law. thereof. He 1. d. 239 369 Art. The penalty is higher. prosecuting or punishing any of the crimes against national security. 368 Art. to the Usurpation of legislative a. attempts to repeal a law or 3. He abandons his office detriment of the public service. c. The period provided by law. functions369 367 suspends the execution Art. regulations or special provisions for holding such office has already expired. 240 132 . position367 b.
Disobeying request disqualification371 for a. Addressing orders or a. c. d. which is not yet decided. b. He continues the proceeding. He has been lawfully required to refrain from continuing the proceeding. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality 371 Art. Offender is a public officer. obstructs executive authorities in the lawful exercise of their powers. assumes judicial powers. There is a question brought before the proper authority regarding his jurisdiction. He addresses any order or suggestion Legislative officers are not liable for usurpation of executive functions Art. Offender is an executive officer. e. A proceeding is pending before such public officer. assumes a power pertaining to the executive authorities. He 1.b. 242 370 133 . Usurpation functions370 of judicial a. b. Offender is an officer of the executive branch of the government. obstruct the execution of any order decision rendered by any judge within his jurisdiction. requests by executive officer to any judicial b. or 2. or 2. He 1.
Such person lacks qualification therefor. Such woman must be – 1. 244 Recommending. Offender is a public officer. c. or with respect to 372 Art. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. Abuses chastity374 against a. c.authority372 to any judicial authority. 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 374 Art. b. b. interested in matters pending before the offender for decision. Unlawful appointments373 a. c. He nominates or appoints a person to a public office. 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 134 . The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. the legal d. 243 Legislative or judicial officers are not liable under this article 373 Art. Offender is a public officer. He solicits or makes immoral or indecent advances to a woman.
or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. or will secure or obtain.A. induced. 3. 3019. daughter. ii) Punishable acts a.which he is required to submit a report to or consult with a superior officer. Directly or indirectly requesting or receiving any gift. or indirectly requesting or receiving any gift. Any public officer who shall perform any of the following acts: 1. has secured or obtained. in consideration for the held given or to be given. present. from any person for whom the public officer. any Government permit or license. Anti-Graft and Corrupt Practices Act 375 i) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. Directly. a. Persuading. 2. 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 allowing himself to be persuaded. share. sister or relative within the same degree by affinity of the person in the custody of the offender. as amended 135 . or 2. percentage. or 3. 375 R. or influenced to commit such violation or offense. or other pecuniary or material benefit. for himself or for another. the wife. in any manner of capacity. 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. present.
or giving any private party any unwarranted benefits. and which exercises discretion in such approval. 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. administrative or judicial function through manifest partiality. advantage. from any person interested in the matter some pecuniary or material benefit or advantage. on behalf of the Government. after due demand or request. 8. panel. 6. permit. 5. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. for personal gain. or pecuniary in connection capacity. even if he votes against the same or does not participate in the action of the board. or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. 136 . into any contract or transaction manifestly and grossly disadvantageous to the same. contract or transaction with which he intervenes or take part in his official which he is prohibited by the constitution or by having any interest. or benefit in favor of any person not qualified for or not legally entitled to such license. 9. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. permit.4. without sufficient justification. Directly or indirectly becoming interested. or of a mere representative or dummy of one who is not so qualified or entitled. privilege. 11. or having a material interest in any transaction or act requiring the approval of a board. Entering. or in any law from 10. or group of which he is a member. committee. or advantage. privilege. Knowingly approving or granting any license. or preference in the discharge of his official. Directly or indirectly having financial interest in any business. including the Government. panel or group. Neglecting or refusing. whether or not the public officer profited or will profit thereby. Causing any undue injury to any party. evident bad faith or gross inexcusable negligence.
Any person who. or releasing such information in advance of its authorized release date. the president of the Senate. or pecuniary advantage from any person having some business. 2. or material. prior to the assumption of office of any of the above officials to whom he is related. 4 ibid. 5 137 . 3.378 rd iii) Exceptions 1. acquired by his office or by him on account of his official position to unauthorized persons. has been already dealing with the gov’t along the same line of business.376 c. of the president of the Philippines. who shall intervene. in any business transaction. the vice-president. or contact with the government in which such public official has to intervene. b. Divulging valuable information of a confidential character. contract or application with the gov’t. Sec. within the 3 civil degree. 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. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). directly or indirectly. request. Spouse or any relative. Any application filed by him. 376 377 378 Sec. gift. contract or application already existing or pending at the time of such assumption of public office. Any transaction. or speaker of the house of Representatives. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law.377 d. or rules or regulations issued pursuant to law. by consanguinity or affinity.12. application. transaction.
detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year. during the term for which he has been elected. 6. 7080. as amended 138 .A. as well as upon the expiration of his term of office. Any member of congress. Any act lawfully performed an official capacity or in the exercise of a profession. 5. 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. 7 Sec.379 7.4. Anti-Plunder Act381 i) Definition of terms Public Officer 379 380 381 Any person holding any public Sec. 14 R. or upon his resignation or separation from office.380 b. Any public officer who shall fail to file a true. 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.
382 ii) Ill-gotten wealth Any asset. kickbacks or from any person and/or entity contract or project or by reason officer concerned. acquired by him directly or indirectly through dummies. 382 383 Sec. property. including government-owned or -controlled corporations and their subsidiaries. business enterprise or material possession of any person within the purview of Section Two (2) 383 hereof. 4) By obtaining. any commission. percentage. conversion. and any of its subdivisions. 2) By receiving. any other form of pecuniary benefit in connection with any government of the office or position of the public 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. malversation of public funds or raids on the public treasury. or Person or indirectly. election or contract. agencies or instrumentalities. unless the context indicates otherwise. agents. nominees. Includes any natural or juridical person. equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking. subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation. 1 (a-c) infra 139 . misuse. directly share. receiving or accepting directly or indirectly any shares of stock. Government Includes the National Government.office in the Government of the Republic of the Philippines by virtue of an appointment. agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries. gift.
business associates. subordinates or other persons. supra Sec. authority.000. amasses. relatives by affinity or consanguinity. as amended by R. or 6) By taking undue advantage of official position.388 384 385 386 387 388 Sec. 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. industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests. accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) 385 hereof in the aggregate amount or total value of at least Fifty million pesos (P50. 140 . 7659. by himself or in connivance with members of his family. In the imposition of penalties. see Plunder. as provided by the Revised Penal Code.5) By establishing agricultural. 2.A.384 iii) Plunder Any public officer who. 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.000. accumulate or acquire ill-gotten wealth. relationship. 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. 1 (d) supra Sec. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.386 iv) Series / Combination387 v) Pattern For purposes of establishing the crime of plunder. The court shall declare any and all illgotten 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. 4. shall be considered by the court.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. the degree of participation and the attendance of mitigating and extenuating circumstances.
c.391 iii) False prosecution Upon acquittal. 9372 Sec. Human Security Act of 2007389 i) Failure to deliver suspect to proper judicial authority390 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. 20. if the detained person has not been convicted and sentenced in a final judgment of a competent court. 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. 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. if the detained person has already been convicted and sentenced in a final judgment of a competent court. misconduct. 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.A.000. 141 .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. any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500. 44. and (b) six years and one day to twelve (12) years of imprisonment. Sec. The amount of damages shall be automatically charged against the appropriations of the police agency or the AntiTerrorism Council that brought or sanctioned the filing of the charges 389 390 391 R.
Any officer. social or other funds of the Office of the President.392 392 Sec. or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment. 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.against the accused. 50 142 . emergency. personnel. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. the amount needed to complete the compensation shall be taken from the current appropriations for intelligence. employee. the amount shall be automatically included in the appropriations of the said agency for the coming year. If the deductions are less than the amounts due to the detained persons.
or child. b. or the legitimate spouse of the accused. he is still liable for parricide because the law does not require knowledge of the relationship 143 . 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. The deceased is the father. Otherwise. A legally married person or parent under surprises his spouse or daughter395 in Art. Death injuries 393 or physical a. mother or child may be legitimate or illegitimate The child should not be less than 3 days old. A person is killed. mother.8. On the other hand. The deceased accused. the father. Crimes Against Persons Crimes Parricide393 Elements/Requisites a. or a legitimate other ascendant or other descendant. 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. is killed by the c. whether legitimate or illegitimate.
with the aid or armed men. However. b. A person was killed. taking advantage of superior strength. or that he has not consented to the infidelity of the other spouse. in consideration of price. 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. Moreover.exceptional circumstances394 the act of committing sexual intercourse with another person b. He has not promoted or facilitated the prostitution of his wife or daughter. c. 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. 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. in case third persons caught in the crossfire suffer physical injuries. reward or promise 394 Art. escape. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony 144 . or employing means to weaken the defense or of means or persons to insure or afford impunity 2. Murder396 a. 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 c. with treachery. the accused is not liable. The killing was attended by any of the following qualifying circumstances: 1. The accused killed him.
or of an earthquake. 7. epidemic or any other public calamity 5. fall of airship. stranding of vessel. Homicide397 a. derailment or assault upon a street car or locomotive. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse. which is presumed.3. or by that of parricide or infanticide. with evident premeditation 6. The killing is not parricide or infanticide. 145 . There be several persons. with cruelty. fire. on occasion of any of the calamities enumerated in the preceding paragraph. poison. destructive cyclone. A person was killed. c. explosion. shipwreck. by means of inundation. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. b. eruption of a volcano. The killing was not attended by any of the qualifying circumstances of murder. The accused had the intention to kill. The accused killed him without any justifying circumstances. b. d. by means of motor vehicles or with the use of any other means involving great waste or ruin 4. Death in affray398 a tumultous a.
Offender has no intention to kill that person. These several persons quarreled and assaulted one another in a confused and tumultuous manner. Lending his assistance to another to commit suicide to the extent of doing the killing himself.c. whether the suicide is consummated or not b. The person responsible cannot be identified. affray399 b. Giving assistance suicide400 to a. There is a tumultuous affray as inflicted in a tumultous referred to in the preceding article. It cannot be ascertained who actually killed the deceased. Offender discharges a firearm against or at another person. The person or persons who inflicted serious physical injuries or who used violence can be identified. All those who appear to have used violence upon the person of the offended party are known. Discharge of firearms401 a. Assisting another to commit suicide. A participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. c. f. b. d. therefor d. Physical injuries a. 146 . Someone was killed in the course of the affray. e.
c.Infanticide402 a. Intentional abortion403 a. As a result of the use of violence or drugs or beverages upon her. or any other act of the accused. Violence is exerted. The violence is intentionally exerted. As a result of the violence that fetus dies. The deceased child was less than three (3) days (72 hours) of age. b. Abortion practiced by a. her parents405 b. Unintentional abortion404 a. A child was killed. or that the accused otherwise acts upon such pregnant woman. either in the womb or after having been expelled therefrom. The accused killed the said child. The abortion is intended. the fetus dies. or drugs or beverages administered. c. There is a pregnant woman who has the woman herself or by suffered an abortion. Violence is used upon such pregnant woman without intending an abortion. either in the womb or after having been expelled therefrom. 147 . c. d. There is a pregnant woman. b. There is a pregnant woman. The abortion is intended. b. d.
c. Killing one’s adversary in a duel 407 participants in a duel b. the pregnant woman herself 2. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel 148 . c. Inflicting upon the adversary serious physical injuries c. There is a pregnant woman who has physician or midwife suffered an abortion. and dispensing of 406 abortives b. any other consent. any of her parents. Abortion practiced by a a. d. with her consent for the purpose of concealing her dishonor. The abortion is intended. Offender. with her 3. or person. who must be a physician or midwife. Challenging another to a duel b. The abortion is caused by – 1. Inciting another to give or accept a challenge to a duel c. causes or assists in causing the abortion. Said physician or midwife takes advantage of his or her scientific knowledge or skill. Making a combat although no physical injuries have been inflicted Challenging to a duel408 a. Responsibility of a.
There be a castration i. impotent or blind b. loses the use of any such member 3.Mutilation409 a. becomes incapacitated for the work in which he had been habitually engaged b. loses the use of speech or the power to hear or to smell. loses an eye. mutilation of organs necessary for generation b. Injured person becomes ill or incapacitated for labor for more than 30 149 . loses the use thereof 4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. Injured person – insane. loses any other member of his body 3. arm or leg 2. foot. Mutilation is caused purposely and deliberately Serious injuries410 physical a. 1. Injured person – 1.e. Injured person becomes imbecile. a hand. becomes deformed 2.
days. Ill-treatment of another by deed without causing any injury417 150 . Less serious injuries413 physical a. Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance416 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. Offender inflicted upon another or person any serious physical injury b. Incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period b.411 Administering substances beverages412 injurious a. 414 or needs medical attendance for the same period of time b. He had no intent to kill. Offended party is incapacitated for labor for 10 days or more. The physical injuries must not be those described in the preceding articles Slight physical injuries415 a.
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. (c) Attempting to cause the woman or her child physical harm. or intimidation directed against the woman or child. but not limited to. or deliberately providing the woman's children insufficient financial support. This shall include. (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. occupation. business or activity or controlling the victim's own mon4ey or properties. Anti-Violence against Women and their Children Act of 2004418 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child. (3) Depriving or threatening to deprive the woman or her child of a legal right.a. (b) Threatening to cause the woman or her child physical harm. (4) Preventing the woman in engaging in any legitimate profession. 152 . (d) Placing the woman or her child in fear of imminent physical harm. or solely controlling the conjugal or common money. (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. physical or other harm or threat of physical or other harm. or properties. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family.
and (5) Engaging in any form of harassment or violence. knowing. public ridicule or humiliation to the woman or her child. including. but not limited to. (h) Engaging in purposeful. physical harm. 153 . personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. (2) Peering in the window or lingering outside the residence of the woman or her child. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child. or through intimidation directed against the woman or her child or her/his immediate family. the following acts: (1) Stalking or following the woman or her child in public or private places. (i) Causing mental or emotional anguish. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. or reckless conduct.(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. but not be limited to. by force or threat of force. This shall include.
and denial of financial support 154 .repeated verbal and emotional abuse.
or custody of minor children of access to the woman's child/children. 419 155 .
Includes actual or simulated (1) As to form: (i) sexual intercourse or lascivious act including. depicted or portrayed as a child as defined herein. by electronic. or written combination thereof. oral to genital. (2) bestiality. . magnetic or any other means. but is unable to fully take care of himself/herself from abuse. (3) masturbation. exploitation or discrimination because of a physical or mental disability or condition. anal to genital. contact involving genital to genital. optical. Also refers to: (1) a person regardless of age who is presented. Anti-Child Pornography Law420 i) Definition of terms Child A person below eighteen (18) years of age or over. neglect. digital. or oral to anal. whether visual. cruelty. audio.b. (5) lascivious 156 Explicit Sexual Activity exhibition of the genitals. of child engaged or involved in real or simulated explicit sexual activities. and (2) computer-generated. (4) sadistic or masochistic abuse. mechanical. whether between persons of the same or opposite sex. 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. but not limited to.
A person who hosts or who proposes to host internet content in the Philippines. bulletin board service. an internet carriage service to the public. by means of a computer system. breasts.buttocks. 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. or (6) use of any object or instrument for lascivious acts Internet address A website. pubic area and/or anus. computer games or related services. Internet cafe or kiosk Internet content host Internet provider (ISP) service A person or entity that supplies or proposes to supply. internet chat room or news group. It includes online enticement or enticement through any other means. 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. (2) Bestiality Grooming Luring 157 . 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. or any other internet or shared network protocol address. (1) The act of communicating.
participate or assist in any form of child pornography. regardless of the actual content of the material or purported material. manufacture or create any form of child pornography. (f) For film distributors. distribute.421 ii) Unlawful or punishable acts Person (a) To hire. distribute. employ. private rooms. dens. or broadcast: Provided.Pandering The act of offering. (c) To publish offer. broadcast. (h) To engage in the luring or grooming of a child. (d) To possess any form of child pornography with the intent to sell. (g) For a parent. (e) To knowingly. 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. legal guardian or person having custody or control of a child to knowingly permit the child to engage. direct. persuade. export or import any form of child pornography. use. Any natural or juridical entity. 158 . by themselves or in cooperation with other entities. houses or in establishments purporting to be a legitimate business. cinemas. publish or broadcast. distribute. sell. induce or coerce a child to perform in the creation or production of any form of child pornography. theaters and telecommunication companies. but not limited to. promote. to distribute any form of child pornography. 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. cubicles. transmit. advertising. promoting. (b) To produce. willfully and intentionally provide a venue for the commission of prohibited acts as. publish. advertise.
(j) To willfully access any form of child pornography. (k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it. and 159 .(i) To engage in pandering of any form of child pornography.
(l) To possess any form of child pornography. 422 160 .
c. Anti-Hazing Law423 i) Hazing a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity. neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial. silly. sorority or organization by placing the recruit. foolish and other 161 .
similar tasks or activities or otherwise subjecting him to physical or 162 .
shall include the names of those to be subjected to such activities. 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.psychological suffering or injury.424 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days. and 163 .
shall further contain an undertaking that no physical violence be 164 .
employed by anybody during such initiation rites.425 ii) Who are liable 165 .
sorority or organization who actually participated in the infliction of physical harm 166 .The officers and members of the fraternity.
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. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof.426 The owner of the place where hazing is conducted shall be liable as an accomplice. group. 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. when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. former officers. If the hazing is held in the home of one of the officers or members of the fraternity. 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.shall be liable as principals. or organization. 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 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. group. 167 . or alumni of the organization. The officers.
they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 397 Art. impotent or blind. If in consequence of the hazing the victim shall become insane. If death. person/s who inflicted serious physical injuries b. 254 The offender must shoot at another with any firearm without intention of killing him. 2. the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. 248 The victim must be killed in order to consummate the offense. Otherwise. if it is not known who inflicted serious physical injuries on the deceased. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 398 Art. 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.427 iii) Punishable acts 1. Otherwise. On the other hand. not 168 . it would be attempted or frustrated murder Murder will exist with only one of the circumstances. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 401 Art. 252 400 Art. 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. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. sodomy or mutilation results there from. is not liable for abortion Assistance to suicide is different from mercy-killing. manager. the person does not want to die. firing a gun against the house of the offended party at random. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. imbecile. even if they were not in conspiracy. each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element. In this case. 395 396 the latter must be under 18 and living with them Art. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying. If the firearm is not discharged at a person. Hence. all persons who used violence upon the person of the victim 399 Art.This section shall apply to the president. the fetus in her womb was expelled. The other circumstances are absorbed or included in one qualifying circumstance. rape. there is no tumultuous affray Persons liable are: a. 249 Intent to kill is conclusively presumed when death resulted.
255 When the offender is the father. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. he is liable as an accomplice 407 Art. 4. 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. or shall have lost an eye. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. a foot. or shall have been ill or incapacitated for the knowing in what part of the house the people were. What is punished is the act of dispensing an abortive without the proper prescription. Usually. In either case. if she is a prostitute. 256 404 Art. Principals – person who killed or inflicted physical injuries upon his adversary. 155. 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. 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 402 Art. However. 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 proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. Accomplices – as seconds 169 . or shall have lost the use thereof. or although born alive it could not sustain an independent life when it was killed 403 Art. Hence. such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide. 258. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. If the offender is any other person. or both combatants in any other cases 2. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. 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 penalty is that for murder. This is not so for Art. a hand. arts 256 and 257 does not apply 405 Art. it is only alarm under Art. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. he shall suffer the penalty prescribed for parricide. 260 Persons liable: 1. mother or legitimate ascendant.3. 406 Art.
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. Assaulting 4. or 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. clipping off any part of the body of the offended party. who make the selection of arms and fix all the other conditions of the fight If death results. 263 How Committed 1. Challenger 2. 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. Wounding 2. Not curable by natural means or by nature. In this respect. a front tooth is considered as a member of the body. lopping. Beating 3. totally or partially. other than a principal member Deformity: means physical ugliness. it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 410 Art. 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. the castration must be made purposely. of some essential organ for reproduction Intentionally making another mutilation. the penalty is the same as that for homicide 408 Art. if 170 . However. 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. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. Otherwise.e. Thus. 5. 261 Persons liable: 1. i. 6. Par 3 on the other hand. to deprive him of that part of the body In the first kind of mutilation. Otherwise. 262 Kinds of Mutilation Intentionally mutilating another by depriving him.performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. Instigators 409 Art. other than the essential organ for reproduction. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. covers any other member which is not a principal part of the body. It must be conspicuous and visible. permanent and definite abnormality.
Black-eye 417 ex. guardians. However. when there are circumstances adding ignominy to the offense c. 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. Otherwise. ascendants. the illness of the offended party may be considered as lasting more than 30 days.A. the injured party must have an avocation at the time of the injury. when there is manifest intent to insult or offend the injured person b. 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 414 but not more than 30 days 415 Art. 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. 266 416 ex. slapping but without causing dishonor 418 R. not medical attendance In determining incapacity. Meanwhile. Circumstances qualifying the offense: a.that the injury sustained shall require medical assistance for the same period. 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. curators or teachers d. 264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance. thus throwing of the acid in the face is not contemplated 413 Art. the scar is usually covered by a dress. 7. when the victim is a person of rank or person in authority. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before 411 but not more than 90 days 412 Art. there must be evidence of the length of that period. when the victim is either the offender’s parents. Loss of one incisor is not. 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. 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. or that the injury sustained shall require medical assistance for the same period. it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. 9262 171 . 265.
The responsible officials of the school or of the police. 1. Sec. 5.428 d. and Discrimination Act429 419 420 421 422 423 424 425 426 427 428 429 Sec. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. or to the police authorities. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. (c) when the recruit. (b) when the recruit. 8049 Sec.A. to the proper school authorities. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians. Special Protection of Children Against Child Abuse. violence. R. 7610. (d) when the hazing is committed outside of the school or institution. as amended. 4. is prevented from quitting. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. or (e) when the victim is below twelve (12) years of age at the time of the hazing. threat. Ibid. R.8. Sec. 4. 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. 172 . 3. violence.A. intimidation or deceit on the person of the recruit who refuses to join. Exploitation. military or citizen's army training organization.A. 2 Sec. 9775 Sec. Ibid. through force. R. threat or intimidation.
sexual abuse and emotional maltreatment. cruelty exploitation and discrimination and other conditions. whether male or female. 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.432 ii) Child prostitution. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse431. cruelty. facilitate or induce child prostitution which include. cruelty. (3) Unreasonable deprivation of his basic needs for survival. neglect. 2. exploitation or discrimination because of a physical or mental disability or condition. profit. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. (2) Any act by deeds or words which debases. who for money. (4) Threatening or using violence towards a child to engage him as a prostitute. (3) Taking advantage of influence or relationship to procure a child as prostitute. are deemed to be children exploited in prostitution and other sexual abuse. syndicate or group. 173 . degrades or demeans the intrinsic worth and dignity of a child as a human being. 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. neglect. punishable acts Children. 431 Child abuse" refers to the maltreatment. or 430 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. the following: (1) Acting as a procurer of a child prostitute. 432 Sec. neglect. but are not limited to.i) Coverage Special protection to children 430 from all forms of abuse. whether habitual or not. indulge in sexual intercourse or lascivious conduct. prejudicial to their development. or any other consideration or due to the coercion or influence of any adult. such as food and shelter. of the child which includes any of the following: (1) Psychological and physical abuse. exploitation and discrimination.
as amended. but not limited to. or of the sauna.435 433 When the victim is under twelve (12) years of age. the act of buying and selling of a child for money.(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. disco. 434 Sec. The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. or for any other consideration. the perpetrators shall be prosecuted under Article 335.434 iii) Child trafficking. (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.433 and (c) Those who derive profit or advantage therefrom. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. shall suffer the penalty of reclusion temporal to reclusion perpetua. as the case may be. resort. 174 . for rape and Article 336 of Act No. 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. 3815. or barter. for rape or lascivious conduct. 7. paragraph 3. 5 435 Sec. the Revised Penal Code. bar. whether as manager or owner of the establishment where the prostitution takes place.
beating. social. stripping. and degrade his/her personality and dignity. Abandons the child under such circumstances as to deprive him of the love. as amended Sec. Employment of degrading. 60. Employment of abusive.. spiritual. humiliate. 3.e. emotional. R. moral and physical health and well-being of the child in conflict with the law and therefore. care and protection he needs. juvenile delinquents. prostitutes or attaching to them in any manner any other derogatory names. 2. coercive and punitive measures such as cursing. 175 . no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. 436 437 438 439 R. id. Employment of threats of whatever kind and nature. 9344. 603.A. corrosive or harmful substances over the body of the child in conflict with the law. Conceals or abandons the child with intent to make such child lose his civil status. Juvenile Justice and Welfare Act of 2006. P. 436 also refer to Child and Youth Welfare Code437 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child. 2. pouring irritating. 9344 Sec. and solitary confinement. and 4.A.D. the competent authorities must refrain from branding or labeling children as young criminals. inhuman end cruel forms of punishment such as shaving the heads. Compelling the child to perform involuntary servitude in any and all forms under any and all instances. prohibited: 1.439 Criminal liability shall attach to any parent who: 1. Likewise. or forcing him/her to walk around the community wearing signs which embarrass. 438 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. 61.
causes. such as for purposes of begging and other acts which are inimical to his interest and welfare. without justifiable grounds. 4. 1. 10.3. 603 176 . 11.442 A person whether the parent or guardian of the child or not. 12. Causes or encourages the child to lead an immoral or dissolute life. abates. If the motor vehicle driven by the child belongs to the parent. regardless of its ownership. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) schooldays. 7. or permits the truancy 440 of the child from the school where he is enrolled. 5.D. directly or indirectly. 59. Aids. Fails or refuses. 8. Sells or abandons the child to another person for valuable consideration. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. or 440 Absence without cause for more than twenty (20) schooldays. 9. not necessarily consecutive. P. to enroll the child as required by Article 72. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. 441 Include the guardian and the head of the institution or foster home which has custody of the child. who knowingly or wilfully. Causes. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrasses or humiliates him. 442 Art. Permits the child to possess. Improperly exploits the child by using him. 6. 441 it shall be presumed that he permitted or ordered the child to drive. abets or connives with the commission by a child of a delinquency. handle or carry a deadly weapon.
He kidnaps or detains another. any of the following circumstances are present:448 1. or contributing to a child's being or becoming a juvenile delinquent.443 f. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. Does any act producing. Art. In the commission of the offense.A. 9372 supra Ibid. Kidnapping/detention lasts for more than 3 days 2.2. Crimes Against Personal Liberty and Security Elements Crimes Kidnapping and serious a. or 443 444 445 446 447 448 Art. The act of detention or kidnapping must be illegal d. promoting. Offender is a private individual illegal detention447 b. or in any other manner deprives the latter of his liberty c. 204. Human Security Act of 2007444 i) Punishable acts of terrorism445 ii) Who are liable446 9. R. id. 267 becomes serious 177 . It is committed simulating public authority 3.
Slight illegal detention450 a. that the person kidnapped or detained is a minor.451 Unlawful arrest452 a. The arrest or detention is not authorized by law or there is no reasonable ground therefor.4. The crime is committed without the attendant of any of the circumstances enumerated in Art 267. the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. the detention is not authorized by law In Art 125. without having attained the purpose intended and c. so either a public officer or private individual Refers to warrantless arrests In Art 125. Offender is a private person b. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c. Offender arrests or detains another person b. before the institution of criminal proceedings against him 451 supra 452 Art.449 female or a public officer. The purpose of the offender is to deliver him to the proper authorities c. 449 450 except if parent is the offender Art. 269 Offender is any person. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. 268 Privileged mitigating circumstances: If the offender: a. The act of detention or kidnapping must be illegal d. the detention is for some legal ground while here. the arrest is not authorized by law 178 .
Exploition labor458 of child a. 273 179 . He deliberately fails to restore the said minor to his parents. It is against the will of the minor. Offender compels a debtor to work 453 454 Art. 270 whether over or under 7 but less than 18 yrs old 455 Art. 271 Inducement must be actual. Slavery457 a minor to a.Kidnapping and failure to a. the penalty is higher 458 Art. guardian or person entrusted with the custody of such minor. c. 272 Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). Offender retains a minor in his service. Inducing a minor abandon his home455 to a. b. sells. Offender purchases. b. Services rendered under a. 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 456 whether over or under 7 457 Art. kidnaps or detains a human being. Offender induces abandon such home. The minor456 is living in the home of his parents or guardians or the person entrusted with his custody. Offender is entrusted with return a minor453 custody of a minor person454 the b. b. It is under the pretext of reimbursing himself of a debt incurred by an ascendant. The purpose of the offender is to enslave such human being.
Place is not inhabited. or by failing to take him to a safe place 459 460 Art. 1. d. c. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. The accused assistance. to the authorities or to his family. Abandonment of person in danger and abandonment of one’s own victim460 a. The accused can render assistance without detriment to himself. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. 275 180 . c. under 7 whom the offender has found abandoned. The purpose is to require or enforce the payment of a debt. It is against the debtor’s will. fails to render 2. Failing to deliver a child.compulsion of debt459 in payment for him. unless such omission shall constitute a more serious offense b. The accused found there a person wounded or in danger of dying. b. either as household servant or farm laborer. when he can render such assistance without detriment to himself. 274 Art.
His station in life requires such education and his financial condition permits it. b. b. He has no intent to kill the child when the latter is abandoned. if the life of the minor was in danger because of the abandonment Art. permanent. 2. c. Offender has the custody of a child. Neglecting his463 children by not giving them education which their station in life requires and financial condition permits b. The one who entrusted such child to the offender has not consented to such act. 461 462 463 Art. Offender has charged of the rearing or education of a minor. The child is under seven (7) years of age. c. 277 offender 181 . the proper authorities have not consented to it. He neglects his children by not giving them education. when the death of the minor resulted from such abandonment b. He abandons such child. without the consent of the proper authorities a. a. He delivers said minor to a public institution or other persons. c. deliberate. in the absence of that one. unless punishable by a more serious offense Qualifying circumstances: a. d. 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. indifference of parents462 1. Abandonment of minor by person entrusted with his custody. 276 Conscious. or if the one who entrusted such child to the offender is absent.Abandoning a minor461 a. Offender is a parent.
teacher or person entrusted in any capacity with the care of such child. the offender being any person. gymnast. or wild-animal tamer or circus manager or engaged in a similar calling. rope-walker. diver. compensation or promise. guardian. physical strength or contortion. Inducing any child under 16 to abandon the 464 Art. Causing any boy or girl under 16 to perform any dangerous feat of balancing. the offender being engaged in any of said callings. 2. 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. 4. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. 182 . the penalty is higher. 5. Employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. ropewalker. 278 Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price.Exploitation of minors464 1. 3. the offender being an ascendant.
tavern etc. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation. the offender being any person. b. entrance is for the purpose of preventing harm to himself.home of its ascendants. while open Medina case: when the accused entered the dwelling through the window. The entrance is made while either of them is uninhabited. purpose is to render some service to humanity or justice c. Other forms trespass466 of a. the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 466 Art. place is a café. 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. The trespasser has not secured the 465 Art. the occupants or a third person b. d. Offender enters the closed premises or the fenced estate of another. b. Such entrance is against the latter’s will. this is the crime May be committed even by the owner (as against the actual occupant) Not applicable to: a. 281 183 . The prohibition to enter be manifest. Offender is a private person. guardians. Trespass to dwelling465 a. He enters the dwelling of another. but the intention to kill came to his mind when he was being arrested by the occupants thereof. he had no intent to kill any person inside. c. c. 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.
or upon that of the latter’s family. Threatening another with the infliction upon his b. of any wrong. Offender makes a threat to commit 468 469 470 Art. Grave threats where offender attained his 467 purpose owner or the a. 3. the threat not being subject to a condition469 Light threats470 467 a. honor or property. 283 Only in these offenses 184 . honor or property of the latter’s family. Threatening another with the infliction upon the latter’s with the infliction upon his person. 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) Threat is with condition threat is without condition Art. condition. Such wrong amounts to a crime. Offender attains his purpose. of any wrong. person. Offender threatens another person 1. There is a demand for money or that demanding money or any other condition is imposed.permission of the caretaker thereof. honor or property or that of his family of any c. Making such threat a. even though not unlawful and the offender468 d. and c. or upon that person. that of his family of any wrong amounting to a crime b. even imposing any other though not unlawful. 2. The threat is not subject to a wrong amounting to a condition crime. Offender threatens another person without the offender with the infliction upon the latter’s attaining his purpose person. Such wrong amounts to a crime. honor or property.
that he has not attained his purpose. Person orally threatens another with harm not constituting a felony. be it right or wrong. The wrong does not constitute a crime. of force as would produce intimidation and control the will. without persisting in the idea involved in the threat. 285 473 Art. The person that restrained the will and liberty by another had not the The wrong does not amount to a crime Art. c. Offender has attained his purpose or.a wrong. 284 472 Art. Person shall threaten another with a weapon. c. b. 286 471 185 . A person prevented another from doing something or not to do something against his will. Grave coercions473 a. b. In the heat of anger. Bond for good behavior471 Other light threats472 a. b. or draw weapon in a quarrel unless in self-defense. even though not unlawful d. There is a demand for money or that other condition is imposed. Subsequent acts did not persist. The prevention or compulsion be effected by violence. c. person orally threatens another with some harm constituting a crime.
or. 2 a. agent or officer of any association or corporation. Offender is any person. 287 Art. He forces or compels.authority of law or the right to do so. Light coercions474 a. that the restraint shall not be made under authority of law or in the exercise of any lawful right. d. He or such firm or corporation has employed laborers or employees. No. c. directly or indirectly. 1 a. 474 475 Art. The purpose of the offender is to apply the same to the payment of the debt. Offender must be a creditor. b. He seizes anything belonging to his debtor. in other words. any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. Other similar coercions475 No. 288 186 . b. or knowingly permits to be forced or compelled. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. c.
Such employee or laborer does not expressly request that he be paid by means of tokens or objects. d. Discovering secrets a. 291 187 . 476 477 Art. Formation. employee or servant. 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 another to a 3rd person. Offender employs violence or threats. Offender is a manager. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work b. c. Revealing secrets abuse of office478 with a. and prohibition of combination of capital or labor through violence or threats476 a. The purpose is to organize.b. c. maintenance. The purpose is to discover the secrets of such another person. strike of laborers or lockout of employees. maintain or prevent coalitions of capital or labor. He seizes the papers or letters of another. 289 Art. the penalty is higher 478 Art. Offender is a private individual or through seizure of even a public officer not in the correspondence477 exercise of his official function. Those tokens or objects are other than the legal tender currency to the Philippines. b. Offender is informed of the contents or the papers or letters seized.
The manufacturing or industrial establishment has a secret of the industry which the offender has learned. d. secrets479 employee or workman of a manufacturing or industrial establishment. 479 Art. c. He reveals such secrets. Offender is a person in charge. Offender reveals such secrets. c. Prejudice is caused to the owner.b. 292 188 . b. He learns the secrets of his principal or master in such capacity. Revelation of industrial a.
be he a participant or not in the act or acts penalized in the next preceding sentence. 189 . disc record. of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law. ii) Exceptions Any peace officer. or any other such record. to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason. espionage. permit. or aids. or to communicate the contents thereof. 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. permits. 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. criminal investigation or trial of offenses mentioned in section 3 hereof. wire record. either verbally or in writing. and. or by using any other device or arrangement. or to furnish transcriptions thereof. 1 Sec. or causes such violation shall. to any other person. or to replay the same for any other person or persons. 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. who is authorized by a written order of the Court. to knowingly possess any tape record. Anti-Wire Tapping Act480 i) Punishable acts It shall be unlawful for any person. not being authorized by all the parties to any private communication or spoken word. 2. to secretly overhear. whether complete or partial. Any person who willfully or knowingly does or who shall aid. if the offender is an alien he shall be subject to deportation proceedings482. The use of such record or any copies thereof as evidence in any civil. 4200 Sec. to tap any wire or cable. upon conviction thereof. or however otherwise described: It shall also be unlawful for any person. or copies thereof.A. intercept.a. 480 481 482 R. shall not be covered by this prohibition481.
conspiracy and proposal to commit rebellion. or group of persons or of 483 484 485 Sec.provoking war and disloyalty in case of war. (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for. kidnapping as defined by the Revised Penal Code. 9372 Anti-Wire Tapping Law 190 . association. as the case may be. upon a written order of the Court of Appeals.483 b. discussion. a police or law enforcement official and the members of his team may. inciting to sedition. with the use of any mode. or with the use of any other suitable ways and means for that purpose. punishing espionage and other offenses against national security. form. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. have actually been or are being committed. 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. conspiracy and proposal to commit rebellion. conspiracy to commit sedition. or to the solution of. piracy. or to the prevention of. mutiny in the high seas. and inciting to sedition.A. In cases involving the offenses of rebellion. such authority shall be granted only (1) upon prior proof that a rebellion or acts of sedition. any of such crimes. rebellion. sedition. 616. message. listen to. 4200485 to the contrary notwithstanding. inciting to rebellion. and violations of Commonwealth Act No. and (3) that there are no other means readily available for obtaining such evidence. sedition. inciting to rebellion. conversation. intercept and record. Human Security Act of 2007484 i) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No. conspiracy to commit sedition. or spoken or written words between members of a judicially declared and outlawed terrorist organization. 3 R. any communication.
in the interest of national security and public safety. the court.any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. 1405 as amended. doctors and patients. or public health. Neither shall the right to travel be impaired except in the interest of national security. shall be deemed a violation of the terms and conditions of his bail. 26 191 . Section 6487 of the Constitution. public safety. the justices of the Court of Appeals 486 487 Sec. cellphones. Travel outside of said municipality or city. consistent with Article III. Surveillance. which shall then be forfeited as provided under the Rules of Court. 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. 7 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. While under house arrest. as may be provided by law.486 ii) Restriction on travel In cases where evidence of guilt is not strong. interception and recording of communications between lawyers and clients. to the contrary notwithstanding. shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending. e-mails. upon application by the prosecutor. he or she may not use telephones. 488 Sec. computers.488 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. the internet or other means of communications with people outside the residence until otherwise ordered by the court. journalists and their sources and confidential business correspondence shall not be authorized. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same. without the authorization of the court.
when so. assets. 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. or group of persons in a bank or financial institution. the deposits. 27 192 . 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 489 Sec. conspiracy to commit terrorism. and (b) gather or cause the gathering of any relevant information about such deposits. and (3) of a member of such judicially declared and outlawed organization. association. association. and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. trust accounts.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. or group of persons. association. trust accounts. assets. (2) of any judicially declared and outlawed terrorist organization. or group of persons. trust accounts. and the gathering of any relevant information about the same from said bank or financial institution. or group of persons. or (3) of any member of such organization. placements.489 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits. placements. and records from a bank or financial institution. or cause the examination of. ordered by and served with the written order of the Court of Appeals. shall not refuse to allow such examination or to provide the desired information. association. The bank or financial institution concerned. assets and records in a bank or financial institution. placements. (2) of a judicially declared and outlawed terrorist organization.
A. (4) the Secretary of National Defense. harbor. placements. including those done under the pretext of domestic or overseas employment or training or apprenticeship. as provided for under 490 The members of the Council are: (1) the Executive Secretary. 1 to 3 above. pornography. transfer. for the purpose of prostitution. reveals in any manner or form any classified information under this Act. 491 Sec.writing to file such ex parte application by the Anti-Terrorism Council created in Section 53490 of this Act to file such ex parte application. (6) the Secretary of Finance. forced labor. 46 493 R.492 c. (2) the Secretary of Justice. (5) the Secretary of the Interior and Local Government. 9208 193 . not being authorized by the Court of Appeals to do so. judicial officer or civil servant who. (b) To introduce or match for money. Anti-Trafficking in Persons Act of 2003493 I) Punishable acts It shall be unlawful for any person. the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits. natural or juridical. who shall be its Vice Chairperson. slavery. as its other members. police or law enforcement agent. transport. or receive a person by any means. 28 492 Sec. any person or. and records of those mentioned under nos. involuntary servitude or debt bondage. provide. or material. to commit any of the following acts: (a) To recruit. profit. sexual exploitation. and (7) the National Security Advisor. economic or other consideration. who shall be its chairperson. and (3) the Secretary of Foreign Affairs. and upon examination under oath or affirmation of the applicant and. trust accounts.491 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. assets.
6955. (b) To produce. forced labor. slavery. fraud. publication. shall be unlawful: (a) To knowingly lease or sublease. pornography or sexual exploitation. violence. involuntary servitude or debt bondage. (g) To recruit. building or establishment for the purpose of promoting trafficking in persons. broadcasting or distribution 494 Sec. involuntary servitude or debt bondage. offering. forced labor or slavery. or cause the advertisement.Republic Act No. or trading them to engage in prostitution. involuntary servitude or debt bondage. transport or abduct a person. 4. printing. sexual exploitation. buying. deceit. pornography. publish. buying. sexual exploitation. pornography. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. (c) To offer or contract marriage. slavery. forced labor. registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons. sexual exploitation. use or allow to be used any house. tampered or fake counseling certificates. (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. transport or adopt a child to engage in armed activities in the Philippines or abroad. for marriage for the purpose of acquiring. pornography. adopt. (c) To advertise. coercion. offering. for the purpose of acquiring. print and issue or distribute unissued. hire. print. broadcast or distribute. or intimidation for the purpose of removal or sale of organs of said person.494 The following acts which promote or facilitate trafficking in persons. (e) To maintain or hire a person to engage in prostitution or pornography. 194 . real or simulated. and (h) To recruit. selling. selling or trading him/her to engage in prostitution. by means of threat or use of force. any Filipino woman to a foreign national.
(b) When the adoption is effected through Republic Act No. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons. (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons. forced labor. involuntary servitude or debt bondage. 495 Sec. assist or help in the exit and entry of persons from/to the country at international and local airports.495 The following are considered as qualified trafficking: (a) When the trafficked person is a child. individually or as a group. parent. It is deemed committed in large scale if committed against three (3) or more persons. slavery. or destroy the passport. travel documents. financial or otherwise. or slavery. including the use of information technology and the internet. conceal. 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. (e) To facilitate. 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 in large scale. (d) When the offender is an ascendant. the labor or services of a person held to a condition of involuntary servitude. (f) To confiscate. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. sibling. (c) When the crime is committed by a syndicate. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. territorial boundaries and seaports who are in possession of unissued. 5. of any brochure. sexual exploitation. and (g) To knowingly benefit from. forced labor. 195 . or any propaganda material that promotes trafficking in persons.by any means. flyer. or make use of. pornography. 8043.
and (g) When by reason or on occasion of the act of trafficking in persons. 196 . becomes insane. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. (f) When the offender is a member of the military or law enforcement agencies. the offended party dies.496 496 Sec. 6.
294 Special complex crimes (specific penalties prescribed) 197 . 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. 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur – it is robbery with violence 498 Art. the taking of the property is robbery complexed with any of these crimes under Art. 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. 293 Belonging to another – person from whom property was taken need not be the owner. 294. 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.10. not upon the thing General rule: violence or intimidation must be present before the “taking” is complete Except: when violence results in – homicide. The taking must be with intent to gain. 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. Robbery with violence By reason or on occasion of the robbery. and There is violence against or intimidation of any person. against or intimidation of the following are committed: person498 497 Art. or force upon anything. Crimes Against Property Crimes Robbery in general497 Elements There be personal property belonging to another.
use of any such member. imbecile. robbery with rape – intent to commit robbery must precede rape. eye. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity. road. arm. Prosecution of the crime need not be by offended party – fiscal can sign the information. SPI – lost the use of speech. or e. by a band or c. incapacitated for work habitually engaged in. or d. motor vehicle or airship. hear. SPI – insane. impotent or blind 3. 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. or in any manner taking the passengers thereof by surprise in the respective conveyances. hand. 4 and 5 of Art 294 is committed: a. the offender shall be punished by the max period of the proper penalties prescribed in art 294 198 . smell. Robbery accompanied with rape or intentional mutilation. on a street. by attacking a moving train. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. highway or alley and the intimidation is made with the use of firearms. street car. > 30 days 5. rape should be considered as aggravating only and the crime is still robbery with homicide c. leg. When rape and homicide co-exist. by entering the passenger’s compartments in a train. in an uninhabited place or b. foot. 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. 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. 4. Any kind of robbery with less serious physical injuries or slight physical injuries a.1. Homicide 2. b. if any of the offenses defined in subdivisions 3.
has intent to defraud b. rape or SPI under par. or deliver any public instrument or document. Offender or another. Where offense committed is attempted or frustrated robbery with serious physical injuries – Article 48 is applicable Art. 297 503 1. Whether robbery is attempted or frustrated. 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. 298 199 . execute. he did not attempt to prevent the assault501 Attempted or frustrated robbery with homicide502 Execution of deeds means of violence intimidation503 by a. Offender compels him to sign. More than 3 armed malefactors b. 295 will not apply to: robbery w/ homicide.Qualified robbery with violence or intimidation499 Robbery by a band500 a. 499 Art. Conspiracy is presumed when 4 or more armed persons committed robbery 4. penalty is the same 2. 295 Must be alleged in the information Can’t be offset by generic mitigating Art. 296 501 1. he was present at the commission of a robbery by that band 3. Conspiracy to commit robbery with homicide – even if less than 4 armed men 2. Liability for the acts of the other members of the band 1. Unless the others attempted to prevent the assault – guilty of robbery by band only 502 Art. 1 of Art. other members of the band committed an assault 4. he was a member of the band 2. 263 500 Art.
or 3. Important for robbery by use of force upon things. Not included – orchard. corals.c. theft (for latter to be robbery. Lamahang – intent to rob being present is necessary Place: house or building. Through an opening not intended for entrance or egress. must be broken and not just opened) Gen.) Inhabited house – any shelter. roof. otherwise. etc. e. it’s robbery by violence and intimidation against persons False key – used in opening house and not furniture inside. adopted for commission of robbery Key – stolen not by force. smashed. lands for cultivation. not to get out but to enter – therefore. The entrance was effected by any of the following means: 1. NO ROBBERY Entrance is necessary – mere insertion of hand is not enough (whole body). Offender entered house or public building or edifice devoted to 1. public buildings. 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 Outside door must be broken. etc. By breaking any wall. an inhabited house. The compulsion is by means of violence or intimidation. b. edifice devoted to religious worship.. or floor 504 Art. it is necessary that offender enters the building or where object may be found. pretending to be police to be able to enter (not pretending after entrance) 200 . 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. courts. 299 Includes dependencies (stairways. hallways. 2.g. otherwise. Exception: inside door in a separate dwelling. evidence to such effect is necessary P v. ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies. NO ENTRY. barns. Robbery in an inhabited a. Rule: outside door. not car Public building – every building owned. or 504 worship 2.
Breaking of doors. or edifice devoted to religious worship. 4. By using false keys. 3. granaries or enclosed places: a. regardless of the circumstances under which he entered it b. 300 What is an uninhabited house. 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. Taking such furniture or objects away to be broken or forced open outside the place of the robbery. By using any fictitious name or pretending the exercise of public authority. under any of the following circumstances: 1. public building or building dedicated to religious worship and their dependencies (Art. Robbery in an uninhabited place and by a band506 505 Art. the offender took personal property belonging to another with intent to gain. Offender takes personal property belonging to another with intent to gain. no need to open – already consummated robbery Estafa – if box is in the custody of accused Theft – if box found outside and forced open 506 Art. Dependencies – are all interior courts. corrals. Robbery with force upon a. 301) 1. things505 public building. or 2. picklocks or similar tools or. c.or breaking any door or window. wardrobes. or any other kind of locked or sealed furniture or receptacle. Offender is inside a dwelling house. Once inside the building. chests. contiguous to the building 201 . warehouses.
3. picklocks or other similar tools. Entrance was effected through an opening not intended for entrance or egress. Any of the following circumstances was present: 1. b. b. chest. the offender took therefrom personal property belonging to another. Garage – must have 3 requirements. 2. or any sealed or closed furniture or receptacle was broken or 5. or not an edifice devoted to religious worship. c. warehouse. or outside door or window was broken. which form part of the whole 2.Robbery in an a. A wall. The entrance was effected through the use of false keys. even if the same be broken open elsewhere. With intent to gain. not a public building. A door. 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art. floor. not any of the 3 places mentioned) Ex. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft 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 202 . Exception: pigsty Same manner as Art. freight car. roof. Offender entered an uninhabited uninhabited place or in a place or a building which was not a private building507 dwelling house. 299. 4. Exception: orchards/lands 507 Art. wardrobe. 302 Second kind of robbery with force upon things Uninhabited place – is an uninhabited building (habitable. store. A closed or sealed receptacle was removed. having an interior entrance connected therewith c.
303 Art. a. Aiding and abetting band of brigands512 508 509 Art. Offender has in his possession picklocks or similar picklocks or similar tools. False keys510 Picklocks. Genuine key stolen from owner. possession of any kind of arms (not just firearms) 203 . Seizure of any person for: (a) ransom. 305 Possession of false keys here not punishable If key was entrusted and used to steal. 306 PD 532 – Brigandage. b. 304 Actual use of the same is not necessary 510 Art. not robbery (not stolen) 511 Art. Any key other than those intended by owner for use in the lock forcibly opened by the offender Brigandage511 Brigands – more than three (3) armed persons forming a band a a. fruits or fire wood in an uninhabited place or private building508 Illegal possession of a. etc. (b) extortion or other unlawful purpose. if members of lawless band and possession of unlicensed firearms (any of them) b. Offender does not have lawful cause for such possession. There is a band of brigands. c.Robbery of cereals. Such picklocks or similar tools are specially adopted to the commission of robbery. (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. tools509 b.
c. 307 204 . 512 Art. Offender does any of the following acts: 1. abets or protects such band if brigands. he in any manner aids. Offender knows the band to be of brigands. 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. or 2.b.
P v. felonious conversion. without the consent of its owner c) hunts or fish upon the same or gather fruits. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner 3. taking of Php is theft If offender claims property as his own (in good faith) – not theft (though later found to be untrue.Theft513 a.g. c. by contract of bailment Includes electricity and gas a. the control test P v. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important 205 . b. it is actually taken by him (no intent to return) e.. But it is estafa if juridical possession is transferred e.e. inspector misreads meter to earn b. The taking is done with intent to gain. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and. Otherwise. pleasure desired. 513 Art. 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 d) without the latter’s consent 2. 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. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Belonging to another. 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. If in bad faith – theft) Gain is not just Php – satisfaction.g. cereals or other forest or farm products. use. therefore must exclude “joyride” Theft: if after custody (only material possession) of object was given to the accused. The taking is done without the consent of the owner. any benefit (e. d. 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. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee. Taking of personal property.g. 308 Persons liable: 1. prior to this.
or b. b. or c. 226 206 . The hunting or fishing or gathering of products is without the consent of the owner. Committed by domestic servant. his absconding is QT motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter – private mail to be QT. guards. Qualified theft515 a. Hunting. qualified 515 Art. motor vehicle 2. mail matter 3. large cattle 514 Art. 308. and d. The taking is accomplished without the use of violence against or intimidation of persons or force upon things. no.. 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. guests no confidence. c. 310 “grave abuse” – high degree of confidence. e. in where trespass is forbidden or which enclosed estate514 belongs to another.g. With grave abuse of confidence. fishing or a. otherwise. Not postmaster – Art. cereals or other forest or farm products. Offender enters the same. Property stolen is: 1.e. There is an enclosed estate or a field gathering fruits.g. par. etc. Offender hunts or fishes upon the same or gathers fruits. 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.3 Fish not in fishpond.
4. He absconds with his property. Offender alters said boundary marks. 207 . c. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. d. 314 . Fraudulent insolvency519 a. Theft of property of the national library and national museum516 Occupation of real property or usurpation of real rights in property517 a. provinces. On occasion of calamities and civil disturbance. b. Offender takes possession of any real property or usurps any real rights in property. There is intent to gain. or estates. b. fish from fishpond or fishery. 313 Art. Altering boundaries landmarks518 or a. There be boundary marks or monuments of towns. his obligations was due and payable.culpable insolvency that is. 516 517 518 519 520 Art. Offender is a debtor. 312 Art. or d. coconut from plantation 5. The real property or real rights belong to another.520 b. or any other marks intended to designate the boundaries of the same. 311 Art.
D.c.1. or on commission. Offender has an onerous obligation to deliver something of value. by altering the substance b. Par. Sub. or quality. same thing received must be returned otherwise estafa. or or means of deceit and 2. quantity. 315 Art. Estafa in general521 a. b. Estafa unfaithfulness522 with a. He alters its substance. no agreement as to quality – No estafa if delivery is unsatisfactory By misappropriating and converting a. c. 2. Par. or for Art. sale on credit by agency when it was to be sold for cash – estafa d. Estafa with confidence523 521 522 abuse of a. (A) 523 Art. 3. goods. not ownership b. 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. By converting the thing received. Damage or prejudice is caused to another. under P. by abuse of confidence. Sub. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.1. The accused defrauded another 1. thing is received by offender under transactions transferring juridical possession. existing obligation to deliver – even if it is not a subject of lawful commerce c.315. Money. By denying that the thing was received Unfaithful or Abuse of Confidence a. (B) 3 ways of committing: 1. or other personal property be received by the offender in trust. By misappropriating the thing received. thing delivered has not been fully or partially paid for – not estafa d. There be prejudice to his creditors. Estafa – not affected by Novation of Contract because it is a public offense 208 .315.
The offended party should have delivered it to offender. Estafa by taking undue a. or under any other obligation involving the duty to make delivery of or to return. b. the private individual allegedly in conspiracy with him may be held liable for estafa 524 Art. Servant. e. In theft. There is a demand made by the offended party to the offender. upon delivery of the thing to the offender. c.administration. There must be prejudice to another – not necessary that offender should obtain gain i. 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. Converting – act of using or disposing of another’s property as if it was one’s own. Failure to account after the demand is circumstantial evidence of misappropriation k. 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. 524 signature in blank b. But if property is received for specific purpose and is misappropriated – estafa! j. Above the signature of the offended party a document is written by the offender without authority to do so. Demand is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. the owner expects an immediate return of the ting to him – otherwise. or dental on his part of such receipt. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. Misappropriating – to take something for one’s own benefit g. 315 209 . thing has been devoted for a purpose or use different from that agreed upon h. There be misappropriation or conversion of such money or property by the offender. Estafa m. the same. The paper with the signature of the advantage of the offended party be in blank. c. Such misappropriation or conversion or dental is to the prejudice of another and d.
the offended party or any third person Estafa by 525 deceit means of a. The document so written creates a liability of. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. 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 210 . or fraudulent means. he was induced to part with his money or property because of the false pretense. As a result thereof. Offense 525 defined in the a. fraudulent act. The offended party must have relied on the false pretense. (P.c. 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. or issued check or issuing a check a check in payment of an obligation. or fraudulent means. Estafa by postdating a a. Such false pretense. There must be a false pretense. fraudulent act. Offender postdated a check. d. vs. 56 Phil. or causes damage to. fraudulent means must be made or executed prior to or b. c.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. the offended party suffered damage. in payment of an 526 obligation b. Villapando. that is. A person makes or draws and issues 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 526 Good faith is a defense.
The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. The check is made or drawn and issued to apply on account or for value. 527 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds 211 . A person has sufficient funds in or defined in the 2nd par. The check is dishonored by the drawee bank. By obtaining food or credit at hotels. b. d.P. 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. 1 of B. without any valid reason.P.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. or would have been dishonored for the same reason had not the drawee. ordered the bank to stop payment. 22 makes or draws and issues a check. of credit with the drawee bank when he Sec. inns. 1 of B. 22527 b. c. c. Elements of the offense a. restaurants etc. of Sec. any check.
The thing be immovable. documents529 b. Offender induced the offended party sign any to sign a document. encumbering. b. c. The offended party being deprived of pecuniary his money or property. or parcel of land or a building. but where the accused made representation to mislead the complainants as to the character of the documents estafa 529 Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud No intent to defraud – destroying or removal = malicious mischief 530 second element of any form of estafa 212 . office files. Estafa by removing. Damage or capable of estimation530 had intent to defraud prejudice a. Offender another. or c. Offender removed. Deceit be employed to make him sign the document. mortgaging any real property. Swindling by conveying. d. a. c. such as a selling. There be court records. Prejudice be caused.Estafa by another to documents528 inducing a. concealed or destroyed any of them. Temporary prejudice. pretending to b. as a result of the defraudation. Disturbance in property right. Offender who is not the owner of said 528 If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification. b. The offended party personally signed the document. concealing or destroying documents or any other papers. a.
316. personal from its lawful possessor534 b. c. Offender should have executed an act of ownership532 d. Offender wrongfully takes it from its lawful possessor. Offender is a surety in a bond given in or a criminal or civil action. 2. Swindling535 mortgaging 531 532 533 534 535 by selling. Offender is the owner of personal taking by the owner his property. The act of disposing of the real property be made to the damage of another. 6 213 . Art. Swindling by wrongfully a. The thing property. disposed of be real b. leasing. par. whether the encumbrance is recorded or not. Prejudice is thereby caused to the possessor or third person. Offender knew that the real property was encumbered. The act be made to the prejudice of the owner or a third person. c. Swindling by disposing of real property as free from encumbrance. par. 3 par. There must be express representation by the offender that the real property is free from encumbrance. a. Said personal property is in the lawful possession of another. although such encumbrance be not recorded533 a. d. encumbering or mortgaging the real property par. d.be the same531 owner of the property represented that he is the owner thereof. c.1 selling.
encumbering real property or properties with which the offender guaranteed the fulfillment of his 536 obligation as surety
b. He guaranteed the fulfillment of such obligation with his real property or properties. c. He sells, mortgages, or, in any other manner encumbers said real property. d. Such sale, mortage or encumbrance is 1. without express authority from the court, or 2. made before the cancellation of his bond, or 3. before being relieved from the obligation contracted by him.
Swindling a minor537
a. Offender takes advantage of the inexperience or emotions or feelings of a minor. b. He induces such minor 1. to assume an obligation, or 2. to give release, or 3. to execute a property right. c. The consideration is 1. some loan of money 2. credit, or 3. other personal property. d. The transaction is to the detriment of such minor. transfer of any
Art. 316 Art. 317
a. Not mentioned above; b. Interpretation of dreams, forecast, future-telling for profit or gain.
Selling or pledging personal property already pledged539
a. Personal property is already pledged under the terms of the chattel mortgage law. b. Offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. c. 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.
Knowingly mortgaged property540
removing Personal property is mortgaged under personal the chattel mortage law. Offender knows that such property is so mortaged. 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. The removal is permanent. There is no written consent of the mortgagee or his executors, administration or assigns to such removal.
538 539 540
Art. 318 Art. 319 Ibid.
Arson and other crimes involving destructions541 Arsons of property small values542 of a. An uninhabited hut, storehouse, barn, shed or any other property is burned. b. The value of the property burned does not exceed 25 pesos c. The burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading.
involving a. Offender causes destruction of the property b. The destruction was done by means of: 1. explosion
2. discharge of electric current 3. inundation 4. sinking or stranding of a vessel 5. damaging the engine of the vessel 6. taking up rails from the railway track 7. destroying telegraph wires and posts or those of any other system 8. other similar means of destruction.
P.D. 1613 expressly repealed or amended Arts 320-326, but P.D. 1744 revived Art. 320 542 Art. 323 543 Art. 325
Burning one’s property a. Offender set fire to or destroyed his as a means to commit own property arson544 b. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. The property belonging to another was burned or destroyed Arson a. The property burned is the exclusive property of the offender b. The purpose of the offender burning it is in
1. to defraud or cause damage to another or 2. prejudice is actually caused, or 3. the thing burned is a building in an inhabited place.
Offender deliberately caused damage to the property of another. Such act does not constitute arson or other crimes involving destruction. The act damaging another’s property be committed merely for the sake of damaging it.
Special cases malicious mischief546
of Obstruct functions.
performance or or
Using poisonous substances. Spreading infection among cattle.
Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public.
Not included in Art. 328.548 a. scattering human excrement
Art. 326 Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive No negligence Example. Killing the cow as revenge If no malice – only civil liability Damage is also diminution in value But after damaging the thing, he used it = theft Damage is not incident of a crime (breaking windows in robbery) 546 Art. 328 Qualified malicious mischief – no uprising or sedition (#1) 547 Art. 329 548 supra
b. killing of cow as an act of revenge Damage and obstivation a. Done by damaging railways, to means of telegraph, telephone lines, electric communication549 wires, traction cables, signal system of railways b. Removing rails destruction550 from tracks is
c. Not applicable when telegraph/phone lines don’t pertain to railways551 d. People killed as a result: 1. murder – if derailment is means of intent to kill none – Art 48 e. Circumstance qualifying the the damage shall result derailment of cars, collision accident – a higher penalty imposed Destroying or damaging statues, public monuments or 552 paintings offense if in any or other shall be
549 550 551 552
Art. 330 Art. 324 example: for transmission of electric power/light Art. 331
sell or dispose of. Theft 2. stepfather/mother (ascendants by affinity) b. 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. adopted children (descendants) c. Offenses involved in the exemption: 1.D. item. conceal. or shall buy and sell. receive. with intent to gain for himself or for another. 2. No. to have been derived from the proceeds of the crime of robbery or theft. 220 . or should be known to him. acquire. 1612 555 Sec. Spouse. if living together. shall buy. 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. Malicious mischief a. keep.Exemption from criminal liability in crimes against property 553 1. Anti-Fencing Law554 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who.555 553 Art. Swindling 3. concubine/paramour (spouse) d. possess. common law spouse (property is part of their earnings) 554 P. object or anything of value which he knows. ascendants and descendants or relatives by affinity in the same line 2. Brothers and sisters and brothers-in-law and sisters-in-law. or in any other manner deal in any article.
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. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. Bouncing Checks Law558 plus Administrative Circular No.b) Presumption of fencing Mere possession of any good. 558 B. which check is subsequently 556 557 Sec. 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. object of anything of value obtained from an unlicensed dealer or supplier thereof. item. article item. establishment or entity is located. 13-2001 Re: Clarification of Admin Circular No.P. article. shall.557 b. Blg. 22 559 see Reference 560 ibid 221 .556 ii) Exception a) With clearance or permit to sell All stores.P. 12-2000 Re: Penalty for Violation of B. 6. object. establishments or entities dealing in the buy and sell of any good. 22559 and Administrative Circular No. 12-2000560 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for value. 5. before offering the same for sale to the public. secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. Sec.
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. 2.dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer. company or entity.561 ii) Evidence of knowledge of insufficient funds The making. having sufficient funds in or credit with the drawee bank when he makes or draws and issues a 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. Anti-Carnapping Act of 1972564 i) Definition of terms 561 562 563 564 Sec. the person or persons who actually signed the check in behalf of such drawer shall be liable. February 14. when presented within ninety (90) days from the date of the check. Any person who. Sec. the imposition of a fine alone should be considered as the more appropriate penalty. Administrative Circular No.563 c. 2001.562 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 determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. See Reference R. drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank. ordered the bank to stop payment. for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation. 6539 222 . without any valid reason. 1.A. 13-2001. 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.
vehicles. with a The erasing. altering or changing of the original factoryinscribed serial number on the motor vehicle engine. or by using force upon things Any vehicle propelled by any power other than muscular power using the public highways. amphibian trucks. forklifts. engine block or chassis of any motor vehicle. that motor vehicle shall be considered to have a defaced or tampered with serial number. 223 Motor vehicle Defacing or tampering serial number . 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. lawn mowers. of a motor vehicle belonging to another without the latter's consent. graders.Carnapping The taking. trolley cars. with intent to gain. bulldozers. and cranes if not used on public highways. street-sweepers. shall be classified as separate motor vehicle with no power rating. sprinklers. or by means of violence against or intimidation of persons. trailers and traction engines of all kinds used exclusively for agricultural purposes. and tractors. which run only on rails or tracks. Trailers having any number of wheels. when propelled or intended to be propelled by attachment to a motor vehicle. scratching. Whenever any motor vehicle is found to have a serial number on its motor engine. but excepting road rollers.
224 . all motor vehicle engines. 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.Repainting Changing the color of a motor vehicle by means of painting. 2. engine block or chassis. 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. of a motor vehicle. and shall be confiscated in favor of the Government. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. A job undertaken on a motor vehicle in order to replace its entire body with a new body.565 ii) Registration Body-building Remodeling Dismantling Overhauling Within one year after the approval of this Act. The introduction of some changes in the shape or form of the body of the motor vehicle. The tearing apart. 565 Sec. every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine. Thereafter. piece by piece or part by part. 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.
type and serial numbers. motor vehicle engine. distributors and sellers Any person engaged in the importation. 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. of the motor vehicle engine. engine block. engine block chassis or body is unloaded. specifying the make. 225 . chassis or body. engine block. motor vehicle engines. and stating the names and addresses of the owner or consignee thereof. 7. 3. within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein. engine block and chassis or body. make and serial numbers.566 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.567 b) Duty of importers. and buying and selling of motor vehicles. Sec. 8.568 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided. if any. 566 567 568 Sec. Sec. engine blocks. stating therein their type. the Collector of Customs concerned shall hold the motor vehicle engine. shall keep a permanent record of his stocks. and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission.All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. If the motor vehicle engine. chassis or body until it is numbered by the Land Transportation Commission. make a report of the shipment to the Land Transportation Commission. chassis or body does not bear any serial number. shall. distribution.
A. inflammable or combustible materials are stored.1613 Sec. the applicant shall secure a permit from the Philippine Coast Guard. Arson574 . Anti-Arson Law573 i) Punishable acts I. 1 226 . motor bancas and other light water vessels. engine blocks and chassis. Any archive. 569 570 571 572 573 574 Sec. make and serial numbers of the engine.569 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. Any ammunition factory and other establishment where explosives. museum.if the property burned is any of the following: 1. if any. chassis and body. whether public or private. Human Security Act of 2007571 i) Punishable acts of terrorism572 e. education or social services. II. Sec.That no such permit shall be issued unless the applicant shall present a statement under oath containing the type. 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. make and serial numbers.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. Destructive Arson . R. 10.570 d. or any edifice devoted to culture. which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type. 2. 12. 9372 supra P.D.
housing tenement. As regards the man with whom she has sexual intercourses. he must know her to be married. Any church or place of worship or other building where people usually assemble. 575 576 Sec. 2 Sec. dormitory. Any hospital. Conspiracy to commit Arson576 11. shopping center. 7. 6. c. lodging house. vessel or watercraft. Any building where evidence is kept for use in any legislative. administrative or other official proceedings. or conveyance for transportation of persons or property 5. hotel. judicial. She has sexual intercourse with a man not her husband. theater or movie house or any similar place or building. 7 577 Art. The woman is married578 b. 4. 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 578 even if marriage subsequently declared void 227 . Any building. airplane or any aircraft. Any train. whether used as a dwelling or not. public or private market.3. Crimes Against Chastity Elements Crimes Adultery577 a.575 III. situated in a populated or congested area.
336 581 Art. by using force or intimidation. c. Done under circumstances: any of the following 1. she must know him to be married. Cohabiting with her in any other place. b. b. He committed any of the following acts: 1. mistress in the conjugal 2. or 3. Acts of lasciviousness580 a. 337 Persons liable: 1. teacher 228 . Keeping a dwelling. c. when the offended party is under 12 years of age. 3. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. The man must be married. or 2. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin 580 Art. Offender commits any act of lasciviousness or lewdness. As regards the woman. persons in public authority b. Offended party is another person of either sex. Qualified seduction581 579 Art.Concubinage579 a. Those who abuse their authority: a. when the offended party is deprived of reason or otherwise unconscious. 334 “Scandal” consists in any reprehensible word/deed that offends public conscience. guardian c.
by her brother or descendant by her e. d. 2. c. is entrusted with the education or custody of the woman seduced 2. under 18 years of age but over 12 years. offended party585 b. brother who seduced his sister b. domestic 3. which is presumed if she unmarried and of good reputation. Offender has sexual intercourse with her. priest. Seduction of a sister d. Acts of lasciviousness a. The acts are committed upon a woman who is virgin or single or widow of good reputation. person in public authority. Those who abused the confidence reposed in them: a. single or widow. Offended party is over 12 and under 18 years of age. person who. ascendant who seduced his descendant 582 incestuous seduction 583 person entrusted with education or custody of victim. Seduction of a virgin over 12 and under 18 years of age by certain persons. It is committed by means of deceit.1. There is abuse of authority. in any capacity. b. d. priest. Offender commits acts of lasciviousness or with the consent of the lewdness. Offender has sexual intercourse with her. 338 Common form is unconditional promise to marry 585 Art. regardless of relationship on the part of the offender583 582 her age or reputation. or a sister or descendant regardless of her reputation or age. teachers etc and a. Those who abused their relationship: a. b. confidence or ascendant. He must be over 12 and under 18 years of age. house servant c. servant 584 Art. 339 229 . Simple seduction584 a. She must be of good reputation. such as a person in authority. priest b. Offended party is a virgin.
Forcible abduction588 a. after solicitation or cajolery from the offender. She must be over 12 and under 18 years of age. The taking away of the offended party must be with lewd designs White slave trade587 586 587 Art. The abduction is with lewd designs. c. forcible abduction 589 Art. The person abducted is any woman. Profiting by prostitution c. 341 588 Art. confidence. relationship. Corruption of minors586 Promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another a. 343 230 . Engaging in the business of prostitution b. civil status. Offended party must be a virgin. Offender accomplishes the acts by abuse of authority. 340 Art. qualified seduction of sister/descendant.c. The taking away of the offended party must be with her consent. b. or deceit. c. The abduction is against her will. or reputation. Enlisting the servicxe of women for the purpose of prostitution. 342 Sexual intercourse is not necessary Crimes against chastity where age and reputation of victim are immaterial: rape. b. acts of lasciviousness. Consented abduction589 a. regardless of her age.
Adultery, concubinage, seduction, abduction rape and acts of lasciviousness590 1. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. Seduction, abduction, rape591 or acts of lasciviousness must be prosecuted upon complaint filed by: a. offended party b. her parents c. grandparents d. guardians in the order in which they are named above. Civil liability of persons guilty of rape, seduction or abduction592 1. To idemnify the offended women 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring
Liability of ascendants, other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies593
Art. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape 591 Not included (see Art. 266-C, 2nd par) 592 Art. 345 593 Art. 346, see Reference
a. Anti-Photo and Video Voyeurism Act of 2009594 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, public area, 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; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (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. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act 595 i) Child prostitution and other acts of abuse
R.A. 9995 R.A. 7610, as amended
a) Punishable acts (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;596 and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, 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.597 b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: Under R.A. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following:
When the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. 597 Sec. 5.
1. offended party, 2. her parents, 3. grandparents, 4. guardians598
1. Offended party; 2. Parents or guardians; 3. Ascendant or collateral relative within the third degree of consanguinity; 4. Officer, social worker or representative of a licensed childcaring institution; 5. Officer or social worker of the Department of Social Welfare and Development; 6. Barangay chairman; or 7. At least three (3) concerned responsible citizens where the violation occurred.599
ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, 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. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, 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, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.600
598 599 600
in the order in which they are named Sec. 27 Sec. 9
c. Anti-Trafficking in Persons Act of 2003601 i) Punishable acts It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (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, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.602
R.A. 9208 Acts of Trafficking in Persons (Sec. 4)
The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, 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; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.603 The following are considered as qualified trafficking: (a) When the trafficked person is a child;
Acts that Promote Trafficking in Persons (Sec. 5)
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale.
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).605
Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; 605 Qualified Trafficking in Persons (Sec. 6)
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions. or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force. or intimidation directed against the woman or child. (d) Placing the woman or her child in fear of imminent physical harm. 9262 238 . or deliberately providing the woman's children insufficient financial support. (c) Attempting to cause the woman or her child physical harm. This shall include. (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family. Anti-Violence against Women and their Children Act of 2004606 i) Punishable acts (a) Causing physical harm to the woman or her child. business or activity or controlling the victim's own mon4ey or properties.d. 606 R. 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. or properties. physical or other harm or threat of physical or other harm. but not limited to. (4) Preventing the woman in engaging in any legitimate profession. (b) Threatening to cause the woman or her child physical harm.A. (3) Depriving or threatening to deprive the woman or her child of a legal right. or solely controlling the conjugal or common money. occupation. (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in.
(2) Peering in the window or lingering outside the residence of the woman or her child. and denial of financial support or custody of minor children of access to the woman's child/children. (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child. teacher. including. regardless of whether the demand. that alarms or causes substantial emotional or psychological distress to the woman or her child. coach. and (5) Engaging in any form of harassment or violence. education or training-related sexual harassment is committed by an employee. public ridicule or humiliation to the woman or her child. requests or otherwise requires any sexual favor from the other. instructor. (i) Causing mental or emotional anguish. having authority. Anti-Sexual Harassment Act of 1995608 i) Punishable acts Work.A. repeated verbal and emotional abuse. trainor. knowing. personally or through another. (a) In a work-related or employment environment. (h) Engaging in purposeful. influence or moral ascendancy over another in a work or training or education environment. 7877 239 . or any other person who.(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape. supervisor. or through intimidation directed against the woman or her child or her/his immediate family. but not limited to. professor. but not be limited to. by force or threat of force. or reckless conduct. agent of the employer. the following acts: (1) Stalking or following the woman or her child in public or private places. manager. request or requirement for submission is accepted by the object of said act. (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will. demands. This shall include. sexual harassment is committed when: 607 608 Sec. 5 R. 607 e. physical harm.
sexual harassment is committed: (1) Against one who is under the care. or in granting said individual favorable compensation. allowance or other benefits. privileges. (3) When the sexual favor is made a condition to the giving of a passing grade. or (4) When the sexual advances result in an intimidating. promotions. or (3) The above acts would result in an intimidating. apprenticeship or tutorship is entrusted to the offender. or privileges. or the payment of a stipend. (2) Against one whose education. terms. trainee or apprentice. or the granting of honors and scholarships.(1) The sexual favor is made as a condition in the hiring or in the employment. segregating or classifying the employee which in a way would discriminate. hostile or offensive environment for the student. (b) In an education or training environment. or considerations. or who cooperates in the commission thereof by another without which it would not have been committed. 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 offensive environment for the employee. training. re-employment or continued employment of said individual. shall also be held liable. Any person who directs or induces another to commit any act of sexual harassment as herein defined. or the refusal to grant the sexual favor results in limiting. conditions. 3 240 . custody or supervision of the offender. hostile.609 609 Sec.
347 Acts Punished: 1. Child loses its acquiires a new one real status and c.611 Usurpation status612 of civil a. Crimes Against Civil Status Crimes Simulation of births.12. Child is baptized or registered in the Registry of birth as hers b. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The offender has the intent to cause the child to lose its civil status 611 Elements of Simulation of Birth 612 Art. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation. Simulation of births 2. The offender conceals or abandons such child 3. 348 241 . substitution of one child for another. Substitution of one child for another 3. The child must be legitimate 2. and concealment or abandonment of a 610 legitimate child Elements a. Committed by a person who represents himself as another and assumes the filiation or rights pertaining 610 Art.
d. He contracts a second or subsequent marriage. Offender has been legally married. b. The second or subsequent marriage has all the essential requisites for validity. b.to such person. The marriage has not been legally dissolved or. Bigamy613 a. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. 613 Art. c. in case his or her spouse is absent. 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. the absent spouse could not yet be presumed dead according to the civil code. 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 There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage Failure to exercise due diligence to ascertain the whereabouts of the 1 st 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 242 . c. Committed by asuming the filiation.
Performance of illegal a. He knew at the time that 1. Performance of any illegal marriage marriage ceremony616 ceremony by a priest or minister of any religious denomination or sect or by civil authorities 13. A woman whose marriage having been dissolved or annulled. Premature marriage615 a. discredit or contempt of a natural or juridical person. against provisions of laws614 b.Marriage contracted a. or a vice or defect. But the publication need not refer by name to the libeled party. 353 Libel is a public and malicious imputation of a crime. commission. or 2. if she was pregnant at the time of his death b. or to blacken the memory of one who is dead Kinds of malice: (a) malice in law. If not named it must be shown that the description of the person 243 . There must be an imputation of a Art. A widow who within 301 days from death of husband. got married or before her delivery. (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. intimidation or fraud 615 Art. 351 616 Art. condition. real or imaginary or any act. status or circumstances tending to cause the dishonor. Offender contracted marriage. married before her delivery or within 301 days after the legal separation. 352 617 Art. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence. Crimes Against Honor Crimes Libel617 614 Elements a. the requirement of the law were not complied with. the marriage was in disregard of a legal impediment.
It must be malicious. moral or social duty b. Editor or business manager of a daily newspaper magazine or serial publication d. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3 rd persons. Exception: a. virtue or reputation. omission.RTC of Manila or . Otherwise 244 . referred to in the defamatory publication was sufficiently clear so that at least a 3 rd person would have identified the plaintiff. 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. There are as many crimes as there are persons defamed. or of a vice or defect. Absolutely privileged – not actionable even if the actor has acted in bad faith b. if his office is in the City of Manila . or are sufficient to impeach their honesty. 360) a. where the libelous article is printed and 1st published or b. 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. A person who publishes. 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. Author or editor of a book or pamphlet c. exhibits or causes the publication or exhibition of any defamation in writing or similar means. Fair and true report. Private communication in performance of legal.city/province where the article is printed and 1st published b. or circumstances. without any comments and remarks Persons responsible for Libel (Art. b. if no good intention and justifiable motive for making it is shown. 354) Kinds of privileged communication: a. must be made c. real or imaginary. 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. status. or any act.crime. The imputation publicly. condition. 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. made in good faith. Requirement of publicity (Art.
IAC) 245 . .620 libel and offer to prevent such publication for a compensation619 Prohibited publication of a.RTC of the city/province where he held office at the time of offense or . e. 356 620 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356).where the article is 1st published Where one of the offended parties is a private individual: . or one who is dead. it must be free from malice.d. painting. such character was lost when it was published (Lacsa v. engraving. Libel by means of writing Enumerates the means by which libel or similar means618 may be committed: writing. He publishes facts connected with the private life of another. To be classified as such. He caused to publish the second letter. editor or acts referred to in the manager of a newspaper. discredit or contempt of the person defamed. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. 621 proceedings b. 621 Art. 355 619 Art. Granting that the letter was privileged communication. theatrical or cinematographic exhibitions or any similar means.RTC of province/city where he actually resides at the time of the crime . The imputation must be directed at a natural or juridical person. radio phonograph. Offender is a reporter. Threatening to publish Clearly. HELD: Letter is not privileged communication. 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. just a case of blackmail. written out of a duty of an officer towards the members. The imputation must tend to cause the dishonor.where article was printed or 1st published 618 Art. He wrote to the BOD and to Marquez. daily or course of official magazine. lithography. printing.
359 Libelous remarks (Art. Such act casts dishonor. Two (2) Kinds: a. b. the occasion. Incriminating person626 622 innocent a. discredit or contempt upon the offended party. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. Offender performs any act not included in any other crime against honor. virtue and reputation of said person. 623 grave slander 624 simple slander 625 Art. c. Offender performs an act. Such act is performed in the presence of other person or persons. etc. action of a serious and insulting nature623 b. the circumstances surrounding the act. defamatory or ii. planting evidence This article is limited to planting evidence and the like 246 . 363. Art. light insult or defamation – not serious in nature624 Slander by deed625 a. 626 Art. This article is a limitation to the defense of privileged communication. perjurious b. 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. making a statement which is i. Oral defamation/slander622 a.c. oral defamation is committed Seriousness depends on the social standing of offended party. Such facts are offensive to the honor.
Should only a fine be imposed and the accused be unable to pay the fine.b. Such act does not constitute perjury. 627 Art. c. a. Such act he directly incriminates or imputes to an innocent person the commission of a crime. Committed by saying to others an unattributable thing. or otherwise be contrary to the imperative of justice. Intriguing honor627 against Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment. in the exercise of sound discretion. 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. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel. 355 of the RPC 247 . work violence on the social order.628 The Judges concerned may. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. and taking into consideration the peculiar circumstances of each case. if said to the person himself it is slander 628 under Art.
Material damage results. There is lack of precaution on the part of Art. e. b. only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not defeat the action if it be shown that the accused might. by the exercise of reasonable care and prudence. Without malice. his employment or occupation 2. other circumstances regarding persons.14. condition. taking into consideration 1. have avoided the consequences of the negligence of the injured party Emergency rule- 248 . Art. Contributory negligence—not a defense. Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. degree of intelligence. time and place. c.64 on mitigating and aggravating circumstances not applicable. Abandoning usually punishable under Art 275. if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. There is inexcusable lack of precaution on the part of the offender. and physical 3. Simple imprudence630 629 630 a. Criminal Negligence Reckless imprudence629 a. Offender does or fails to do an act. 365 ibid. The doing of or the failure to do that act is voluntary. d.
b.the offender. Jurisprudence— Pertinent Supreme Court decisions promulgated up to January 31. An automobile driver. The damage impending to be caused in not immediate or the danger is not clearly manifest. by the negligence of another. Penalties of Specific Crimes. II. Excluded Topics A. B. 2012. III. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. 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. 249 . who.
defined in Title One of Book Two of this Code. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. and violation of neutrality) Art. 2.REFERENCE Revised Penal Code Art. but also outside of its jurisdiction. 10. and illegal use of public funds. espionage.g. Should commit any crimes against the national security and the law of nations. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number. A judge who accepts a bribe while in Japan. mutiny. 250 . fraud against national treasury. its interior waters and Maritime zone. 4. 3. should commit an offense in the exercise of their functions. or (Some of these crimes are bribery. unless the latter should specially provide the contrary. Offenses not subject to the provisions of this code . Should commit an offense while on a Philippine ship or airship.) 5. (These crimes include treason. While being public officers or employees. Except as provided in the treaties and laws of preferential application.. against those who: 1. the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere. This Code shall be supplementary to such laws. 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. 2. piracy. e. malversation of public funds or property.
ascendants. First. 6. Second. resentment. 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. Any one who acts in defense of the person or rights of his spouse. Unlawful aggression.The following are exempt from criminal liability: 251 . 2. Third. Third. descendants. That there be no other practical and less harmful means of preventing it. that the one making defense had no part therein. provided that the following requisites are present. provided that the first and second requisites prescribed in the next preceding circumstance are present. 3. and the further requisite. 5. or other evil motive. or of his relatives by affinity in the same degrees. That the evil sought to be avoided actual exists. and those by consanguinity within the fourth civil degree. or legitimate. 4. Anyone who acts in defense of the person or rights of a stranger. That the injury feared be greater than that done to avoid it. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Anyone who acts in defense of his person or rights. . provided that the following circumstances concur.The following do not incur any criminal liability: 1. in order to avoid an evil or injury. Lack of sufficient provocation on the part of the person defending himself. First.Article 11. in case the provocation was given by the person attacked. Any person who. Reasonable necessity of the means employed to prevent or repel it. Justifying circumstances. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 12. does an act which causes damage to another. Circumstances which exempt from criminal liability. . Second. natural or adopted brothers or sisters.
When such minor is adjudged to be criminally irresponsible. causes an injury by mere accident without fault or intention of causing it. when prevented by some lawful insuperable cause. 2. Those mentioned in the preceding chapter. in conformity with the provisions of this and the preceding paragraph. such minor shall be proceeded against in accordance with the provisions of article 80 of this Code. 2. 6. shall commit him to the care and custody of his family who shall be charged with his surveillance and education.1. Any person who. A person under nine years of age. . otherwise. In the case of the minor. 5. 252 . unless the latter has acted during a lucid interval. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. the court. Any person who fails to perform an act required by law. Mitigating circumstances. he shall be proceeded against in accordance with the provisions of article 80. Article 13. while performing a lawful act with due care. 3. A person over nine years of age and under fifteen. unless he has acted with discernment. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). 4. in which case. That the offender is under eighteen years of age or over seventy years. 7. which he shall not be permitted to leave without first obtaining the permission of the same court. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Any person who acts under the compulsion of irresistible force. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.The following are mitigating circumstances: 1. An imbecile or an insane person. he shall be committed to the care of some institution or person mentioned in said article 80.
legitimate. 10. And.3. That the crime be committed in the palace of the Chief Executive. any other circumstance of a similar nature and analogous to those above mentioned. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. or in a place dedicated to religious worship. finally. blind or otherwise suffering some physical defect which thus restricts his means of action. ascendants. That the offender is deaf and dumb. 5. or sex. 4. or in his presence. That sufficient provocation or threat on the part of the offended party immediately preceded the act. Article 14. or communication with his fellow beings. or that it be committed in the dwelling of the offended party. 5. 3. descendants. 2. age. That the crime be committed in contempt of or with insult to the public authorities. That the offender had no intention to commit so grave a wrong as that committed. Aggravating circumstances. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank. 8. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse. 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. 9. 253 . 7. . natural or adopted brothers or sisters or relatives by affinity within the same degrees. That the act be committed with abuse of confidence or obvious ungratefulness. 4. 6. That the offender had voluntarily surrendered himself to a person in authority or his agents. defense. if the latter has not given provocation. That advantage be taken by the offender of his public position. or where public authorities are engaged in the discharge of their duties.The following are aggravating circumstances: 1.
254 . That the crime be committed in consideration of a price. or disguise be employed. There is treachery when the offender commits any of the crimes against the person. it shall be deemed to have been committed by a band. 17. or by the use of any other artifice involving great waste and ruin. 11. 10. That advantage be taken of superior strength. fraud. or other calamity or misfortune. That the act be committed with evident premeditation. or means be employed to weaken the defense. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. fire. 14. That the crime be committed with the aid of armed men or persons who insure or afford impunity. That the crime be committed on the occasion of a conflagration. or by a band. 9. earthquake. That the crime be committed in the nighttime. Whenever more than three armed malefactors shall have acted together in the commission of an offense. employing means. whenever such circumstances may facilitate the commission of the offense. 15. 16. or in an uninhabited place. A recidivist is one who. at the time of his trial for one crime. That the accused is a recidivist. or forms in the execution thereof which tend directly and specially to insure its execution. 12.6. 7. 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. That craft. reward. 8. shipwreck. shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. poison. stranding of a vessel or intentional damage thereto. derailment of a locomotive. explosion. That the act be committed with treachery (alevosia). epidemic. That the crime be committed by means of inundation. 13. or promise. without risk to himself arising from the defense which the offended party might make. methods.
Act No. — Accessories are those who. Their concept. door. floor. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. Art. or other similar means.) 21. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse. or adopted brother or sister. Principals. 5438. it shall be considered as an aggravating circumstance. 19. cooperate in the execution of the offense by previous or simultaneous acts.Accomplices are those persons who.18. . (As amended by Rep. That as a means to the commission of a crime a wall. motorized watercraft. 9. or window be broken. having knowledge of the commission of the crime. 3. That the crime be committed after an unlawful entry. 20. Accomplices. approved Sept.Accessories. not being included in article 17. 2.The following are considered principals: 1. . Article 18. and without having participated therein. ascendant. 1968. . 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. They are the relationship. either as 255 . Those who directly force or induce others to commit it. descendant.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. or relative by affinity in the same degrees of the offender. intoxication and the degree of instruction and education of the offender. 19. legitimate. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Article 17. Article 15. if the same is not habitual or subsequent to the plan to commit said felony. airships. Those who take a direct part in the execution of the act. but when the intoxication is habitual or intentional. roof. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. natural.
Any legally married person who. for crimes or offenses punishable by afflictive or capital penalties. the person detained shall be informed of the cause of his detention and shall be allowed upon his request. second. curators. Article 125. take part subsequent to its commission in any of the following manners: 1. third and fourth. 247. in order to prevent its discovery. of this title. Art. Delay in the delivery of detained persons to the proper judicial authorities. provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. guardians. for crimes or offenses punishable by correctional penalties. having surprised his spouse in the act of committing sexual intercourse with another person. or their equivalent. to communicate and confer at any time with his attorney or counsel. . or the effects or instruments thereof. Liability of ascendants. 2. 3. shall suffer the penalty of destierro. or is known to be habitually guilty of some other crime. teachers and any person who. or their equivalent. shall be punished by special disqualification from filling the office of guardian . murder. By profiting themselves or assisting the offender to profit by the effects of the crime. teachers. parricide. Art. . and thirty-six (36) hours. 346. Death or physical injuries inflicted under exceptional circumstances . or other persons entrusted with the custody of the offended party . guardians. shall cooperate as accomplices in the perpetration of the crimes embraced in chapters. eighteen (18) hours.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth. or an attempt to take the life of the Chief Executive. shall kill any of them or both of them in the act or immediately thereafter. concealing. shall be punished as principals.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.principals or accomplices. In every case. — The ascendants. by abuse of authority or confidential relationships. shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. Any person falling within the terms of this article. or shall inflict upon them any serious physical injury. By concealing or destroying the body of the crime. or their equivalent. . for crimes or offenses punishable by light penalties. 256 . By harboring. and any other person guilty of corruption of minors for the benefit of another. or assisting in the escape of the principals of the crime.
(c) The testimony of said accused can be substantially corroborated in its material points. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500.000.000. regardless of the quantity and purity involved. his sworn statement shall be inadmissible in evidence. If the court denies the motion for discharge of the accused as state witness..00) shall be imposed upon any person. trade. . Delivery. except the testimony of said accused. who.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. Trading. unless authorized by law. shall sell. Sale. after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge. — When two or more persons are jointly charged with the commission of any offense. Evidence adduced in support of the discharge shall automatically form part of the trial.00) shall be imposed upon any person. upon motion of the prosecution before resting its case. 17. the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested. who.00) to Ten million pesos (P10. shall import or bring into the Philippines any dangerous drug. and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. deliver. give away to another. (d) Said accused does not appear to be the most guilty. Dispensation. decorative and culinary purposes. unless authorized by law. dispense.Revised Rules of Criminal Procedure Sec. Administration. (b) The is no other direct evidence available for the proper prosecution of the offense committed. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. administer.000. distribute dispatch in transit or transport any dangerous 257 . The Comprehensive Dangerous Drugs Act of 2002 +Section 4. 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.00) to Ten million pesos (P10.000. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.000.000. Discharge of accused to be state witness . xxx +Section 5.
that it will be used to plant. who is aware of the nature of the place as such. instrument. xx Section 11.000.000. store.000.00) shall be imposed upon any person who shall deliver.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. Dive or Resort. shall engage in the manufacture of any dangerous drug. Apparatus.000.000. . not being included in the provisions of the next preceding. unless authorized by law.00) shall be imposed upon any person. process.00) to Ten million pesos (P10.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. xxx +Section 6. who. test.000. or under circumstances where one reasonably should know. unless authorized by law.00) to Five hundred thousand pesos (P500. methamphetamine hydrochloride or "shabu". cocaine or cocaine hydrochloride. apparatus and other paraphernalia for dangerous drugs. Dive or Resort. cultivate. possess with intent to deliver.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. shall possess any dangerous drug in the following quantities. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. .00) shall be imposed upon any person or group of persons who shall maintain a den. regardless of the degree of purity thereof: (1) (2) (3) (4) (5) 10 10 10 10 50 grams grams grams grams grams or or or or or more more more more more of of of of of opium. Employees and Visitors of a Den. produce. Xxx Section 7. . heroin. or manufacture with intent to deliver equipment. and (b) Any person who. convert.00) to Five hundred thousand pesos (P500. . including any and all species of opium poppy regardless of the quantity and purity involved. 258 .000.The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500.000. who. harvest. . contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. or shall act as a broker in any of such transactions. repack. pack. Maintenance of a Den. grow.00) shall be imposed upon any person. Xxx +Section 10.000.000. Manufacture or Delivery of Equipment. knowing. paragraph. manufacture.000. dive or resort where any dangerous drug is used or sold in any form. prepare.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. propagate. morphine. analyze. Instrument. compound.000.00) shall be imposed upon: (a) Any employee of a den.00) to Ten million pesos (P10.00) to Ten million pesos (P10. Possession of Dangerous Drugs .drug. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. dive or resort. is aware of the nature of the place as such and shall knowingly visit the same +Section 8.000.
administering. administering. who. after a confirmatory test. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements.The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person. consumed.00) to Fifty thousand pesos (P50. ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. consuming. Social Gatherings or Meetings. instrument. Possession of Equipment. Possession of Dangerous Drugs During Parties. trimethoxyamphetamine (TMA). . ingesting. Use of Dangerous Drugs. apparatus and other paraphernalia fit or intended for smoking. ingesting. – Any person found possessing any dangerous drug during a party. Apparatus and Other Paraphernalia for Dangerous Drugs. who shall possess or have under his/her control any equipment. as determined and promulgated by the Board in accordance to Section 93. who is found to be positive for use of any dangerous drug. but not limited to. social gatherings or meetings.(6) 10 grams or more of marijuana resin or marijuana resin oil. regardless of the quantity and purity of such dangerous drugs. Social Gatherings or Meetings. paramethoxyamphetamine (PMA). instrument. (7) 500 grams or more of marijuana. shall be imposed a penalty of a minimum of six (6) months 259 . Instrument. unless authorized by law. Article XI of this Act. lysergic acid diethylamine (LSD).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. gamma hydroxyamphetamine (GHB). shall suffer the maximum penalties provided for in Section 11 of this Act. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. or in the proximate company of at least two (2) persons. injecting. Instrument. or introducing any dangerous drug into the body: Provided. during parties. apparatus and other paraphernalia fit or intended for smoking. 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.000. methylenedioxymethamphetamine (MDA) or "ecstasy". instrument. Section 14. . and those similarly designed or newly introduced drugs and their derivatives. instrument. injected. or at a social gathering or meeting. Possession of Equipment. injecting. xxx Section 12. administered to himself/herself. the Board shall prescribe the necessary implementing guidelines thereof.00) shall be imposed upon any person. and (8) 10 grams or more of other dangerous drugs such as. – A person apprehended or arrested.000. The possession of such equipment. +Section 13. or in the proximate company of at least two (2) persons. consuming. or introducing any dangerous drug into the body. shall possess or have under his/her control any equipment. Section 15. apparatus and other paraphernalia in the practice of their profession. That in the case of medical practitioners and various professionals who are required to carry such equipment.
Section 19.00) to Two hundred thousand pesos (P200. Security and Benefit Act". shall formulate and implement a "Witness Protection. 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.000.00) shall be imposed upon any person. Security and Benefit Program". + Section 16. The Department may call upon any department.rehabilitation in a government center for the first offense. opium poppy and other plants. or for the creation of new types of medicine. through its Secretary.The Department of Justice. opium poppy or any other plant regardless of quantity.00): Provided. AN ACT PROVIDING FOR A WITNESS PROTECTION. . hereinafter referred to as the Department.000. Section 2. Implementation of Program.000.00) to Ten million pesos (P10.000. culture. 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. hereinafter referred to as the Program.000. bureau.00) shall be imposed upon any person. the Board shall prescribe the necessary implementing guidelines for the proper cultivation. 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. subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time. or materials of such dangerous drugs for medical experiments and research purposes. 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. handling. cultivate or culture marijuana.000. Unlawful Prescription of Dangerous Drugs. experimentation and disposal of such plants and materials.000. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. Name of Act. 6981) Section 1.00) to Ten million pesos (P10.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000. unless authorized by law. in which case the provisions stated therein shall apply. who. who shall plant. pursuant to and consistent with the provisions of this Act. . 260 . – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. That in the case of medical laboratories and medical research centers which cultivate or culture marijuana. SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No.This Act shall be known as the "Witness Protection. shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. .
b) to avoid the commission of the crime. Witness in Legislative Investigations. even if he would be testifying against the other law enforcement officers. or before any investigating authority. with his express consent. only the immediate members of his family may avail themselves of the protection provided for under this Act. 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.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. forced. as the case may be. That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code. or to testify falsely. after examination of said applicant and other relevant facts. it shall admit said applicant to the Program.lawphi1Ÿ c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act. . and d) he is not a law enforcement officer. Memorandum of Agreement With the Person to be Protected. 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. In such a case. any such person admitted to the Program shall be known as the Witness. require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime.In case of legislative investigations in aid of legislation. a witness.Section 3. or evasively. may be admitted into the Program: Provided. or its equivalent under special laws. . and thereafter issue the proper certification. That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives. Section 5. because or on account of his testimony.Before a person is provided protection under this Act. For purposes of this Act. lawphi1Ÿ b) his testimony can be substantially corroborated in its material points. . If the Department. d) to comply with legal obligations and civil judgments against him. is convinced that the requirements of this Act and its implementing rules and regulations have been complied with. intimidated. 261 . harassed or corrupted to prevent him from testifying. Section 4. Admission into the Program. c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed.
however. and f) to regularly inform the appropriate program official of his current activities and address. (b) The Department shall. intimidation or harassment disappears or is reduced to a manageable or tolerable level. Rights and Benefits. Breach of the Memorandum of Agreement. 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. Section 8.Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided.All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. 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. any fraction of a day shall constitute a full day salary or wage. 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. assist the Witness in obtaining a means of livelihood. . the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act. When the circumstances warrant.e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act. That before terminating such protection. That his employer is notified through a certification issued by the Department. in going thereto and in coming therefrom: Provided. body 262 . . including legislative investigations in aid of legislation. That in the case of prolonged transfer or permanent relocation. (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. This provision shall be applicable to both government and private employees. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. (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. stating therein the reason for such termination.The witness shall have the following rights and benefits: (a) To have a secure housing facility until he has testified or until the threat. . 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. within a period of thirty (30) days from the date when the Witness last reported for work: Provided. further. For purposes of this Act. whenever practicable. the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program.1awphi1© Section 6. Confidentiality of Proceedings.
or private school. his sworn statement and other relevant facts. .00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. 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. if qualified as determined in this Act and by the Department. his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10. (e) To be provided with free medical treatment. clinic. State Witness.or authority where his testimony is required. the judicial or quasi-judicial body. 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. as well as conferences and interviews with prosecutors or investigating officers.In any case where a Witness admitted into the Program shall testify. as long as they shall have qualified thereto. the Department is satisfied that the 263 . If after said examination of said person. Speedy Hearing or Trial. Sworn Statement.Any person who has participated in the commission of a crime and desires to be a witness for the State. 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. (b) there is absolute necessity for his testimony. (f) If a Witness is killed. Section 11. or at any such institution at the expense of the Program. . his minor or dependent children shall be entitled to free education. and (f) he has not at any time been convicted of any crime involving moral turpitude. (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. college or university as may be determined by the Department.000. so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. can apply and.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. . Nothing in this Act shall prevent the discharge of an accused. hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital. (g) In case of death or permanent incapacity. Section 10. Section 9. from primary to college level in any state. (e) he does not appear to be most guilty. because of his participation in the Program.
In case of refusal of said Witness to testify or give evidence or produce books. give evidence or produce the books. or writings. Failure or Refusal of the Witness to Testify. 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. as determined in a hearing by the proper court. upon motion of the state prosecutor or investigator. . records and writings produced. records. documents. documents. If he testifies falsely or evasively. The Witness may. 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. however. to petition the court for his discharge in order that he can utilized as a State Witness. he shall be liable to prosecution for perjury. records.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.requirements of this Act and its implementing rules are complied with. . the enjoyment of all rights and benefits under this Act shall be deemed terminated. 264 . 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. Compelled Testimony. Moreover. 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. Section 12. he. said sworn statement and any other testimony given in support of said application shall not be admissible in evidence. or testifies falsely or evasively. documents. with the prior approval of the department. matter or thing concerning his compelled testimony or books. it may admit such person into the Program and issue the corresponding certification. purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify. Section 13. The court. on the ground of the right against self-incrimination.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. or violates any condition accompanying such immunity without just cause. Effect of Admission of a State Witness into the Program. The Court shall order the discharge and exclusion of the said accused from the information. If his application for admission is denied. Section 14.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. his immunity shall be removed and he shall be subject to contempt or criminal prosecution. and writings described. . documents. and the court shall issue the proper order. shall be prosecuted for contempt. except for impeachment purposes. If a State Witness fails or refuses to testify.
prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority. .The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. Credibility of Witness.Section 15.00) 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. or release pending judicial proceedings. (b) reporting to a law enforcement officer or judge the commission or possible commission of an offense. Perjury or Contempt. Said rules and regulations shall be published in two (2) newspapers of general circulation. Repealing Clause. delays. Furthermore.In all criminal cases. Section 19. Penalty for Harassment of Witness. . Rules and Regulations. decrees.000. .000. or a violation of conditions or probation. . . parole. subject to the limitations of the law. or a proceeding for the revocation of a parole or probation.000. Section 17. (c) seeking the arrest of another person in connection with the offense. executive issuances. shall be allowed in furtherance hereof.No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act.All laws. other funding schemes or sources. Section 16. 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. and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. Funding. . (d) causing a criminal prosecution. Section 20. The penalty next higher in degree shall be imposed in case of conviction for perjury.Any person who harasses a Witness and thereby hinders. 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. or both. 265 .The amount of Ten million pesos (P10. shall be fined not more than Three thousand pesos (P3. Section 18. or (e) performing and enjoying the rights and benefits under this Act or attempts to do so. rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.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.
Section 22. . Children Below the Age of Criminal Responsibility. If after hearing the evidence in the proper proceedings. .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.Section 21. the DSWD. . the child may be released to any of the following: a duly registered nongovernmental or religious organization. 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.A. 192. 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. or when and where appropriate. The Child and Youth Welfare Code. Presidential Decree No. 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. 603. 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. may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC). Suspension of Sentence and Commitment of Youthful Offender.This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation. 1179 by Art. 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. Effectivity. If the child referred to herein has been found by the Local Social Welfare and 266 . or if they refuse to take custody. or for a shorter period as the court may deem proper.The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof. 9344) Section 20. including any civil liability chargeable against him. Upon receipt of the application of the youthful offender for suspension of his sentence. the court should find that the youthful offender has committed the acts charged against him. a local social welfare and development officer. or in the absence thereof. the court. If the parents. guardians or nearest relatives cannot be located. the child's nearest relative. or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age. 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. instead of pronouncing judgment of conviction. However. Juvenile Justice and Welfare Act of 2006 (R. as amended Presidential Decree No. the court shall determine the imposable penalty. Separability Clause.If it has been determined that the child taken into custody is fifteen (15) years old or below.
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. 64.Upon effectivity of this Act.A. however. neglected or abused by his parents. otherwise . when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. upon thorough assessment of the child. 4180. 9372) 267 . insofar as they impose the death penalty are hereby repealed or amended accordingly. Republic Act No. otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Person convicted of offenses punished with reclusion perpetua. 7659). 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. That nothing herein shall limit the power of the President to grant executive clemency under Section 19. SEC. 603. otherwise known as the Death Penalty Law. or whose sentences will be reduced to reclusion perpetua. 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. Such officer. The imposition of the penalty of death is hereby prohibited. 3. SEC. executive orders and decrees. or (b) the penalty of life imprisonment. Republic Act No. SEC. Children in Conflict with the Law Fifteen (15) Years Old and Below. otherwise known as the Indeterminate Sentence Law. In lieu of the death penalty. Human Security Act of 2007 (R. as amended. Article VII of the Constitutions. . (a) the penalty of reclusion perpetua. and all other laws. 2. No. 4.Development Office to be abandoned. shall not be eligible for parole under Act No.A. 9346) SECTION 1.A. Accordingly. the following shall be imposed. by reason of this Act.A. 8177). Eight Thousand One Hundred Seventy-Seven (R. Provided. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. Act Prohibiting the Imposition of Death Penalty in the Philippines (R.known as "The Child and Youth Welfare Code". Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released. Seven Thousand Six Hundred Fifty-Nine (R. unless it is contrary to the best interest of the child. SEC. or refer the child to prevention programs as provided under this Act. No. shall determine whether to release the child to the custody of his/her parents. or in the event that the parents will not comply with the prevention program.
conversation. trust accounts. and (3) of a member of such judicially declared and outlawed organization. association. or cause the examination of. city. placements. association. form. and (b) gather or cause the gathering of any relevant information about such deposits. assets and records in a bank or financial institution. or with the use of any other suitable ways and means for that purpose. 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. 1405 as amended. placements. or spoken or written words between members of a judicially declared and outlawed terrorist organization. That within three days after the detention the suspects. 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. suspects may not be detained for more than three days without the written approval of a municipal. interception and recording of communications between lawyers and clients. Provided.The provisions of Republic Act No. If the arrest is made during Saturdays. message. a police or law enforcement official and the members of his team may. holidays or after office hours. association. the deposits. 7. kind or type of electronic or other surveillance equipment or intercepting and tracking devices. to the contrary notwithstanding. Sundays. journalists and their sources and confidential business correspondence shall not be authorized. discussion. . or group of persons. or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. and Records. however.In the event of an actual or imminent terrorist attack. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding.SEC. 27. whose connection with the terror attack or threat is not established. listen to. or group of persons. and records from a bank or financial institution. Surveillance of Suspects and Interception and Recording of Communications. the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. with the use of any mode. regional trial court. 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. Accounts. . provincial or regional official of a Human Rights Commission or judge of the municipal. Judicial Authorization Required to Examine Bank Deposits. assets. The bank or financial institution concerned. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. SEC. conspiracy to commit terrorism. intercept and record. shall be released immediately. -The provisions of Republic Act No. (2) of a judicially declared and outlawed terrorist organization. trust accounts. shall not refuse to allow such examination or to provide the 268 . 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. SEC. upon a written order of the Court of Appeals. 19. any communication. That surveillance. doctors and patients.
Blg.P. In this case. the same philosophy underlying the Indeterminate Sentence Law is observed. 18 September 2000).P. they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term. 298 SCRA 656. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1. People of the Philippines (G. P200. 12-2000 February 21. or both such fine and imprisonment at the discretion of the court. They are Filipino entrepreneurs who presumably contribute to the national economy. 130038. Blg. Bouncing Checks Law (B. 16 November 1998.P. R. when so. 664) the Supreme Court (Second Division) per Mr. 22. 22. par. Mendoza. modified the sentence imposed for violation of B..P. believing in all good faith. In the recent case of Rosa Lim v. 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. the Supreme Court en banc. In its decision in Eduardo Vaca.R. namely. 1. and concluded that “such would best serve the ends of criminal justice.e. Court of Appeals (G. v. Blg. Blg. No. they brought this appeal. 22. i. 22 Section 1 of B. Blg. Apparently. 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 . BLG. 22) ADMINISTRATIVE CIRCULAR NO. 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. 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. 269 .” 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. In justification thereof. No. 131714. ordered by and served with the written order of the Court of Appeals.P.000.P.000. Justice V. 2001 RE : PENALTY FOR VIOLATION OF B.P. which fine shall in no case exceed P200. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check. Otherwise.desired information. although mistakenly that they had not committed a violation of B. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. the Court said: Petitioners are first-time offenders.
referred to and approved by the Supreme Court en banc. In particular. 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. Administrative Circular No. No. shall take effect upon its issuance. 22. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence. 22. 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B. 22. 22. Blg. Blg. without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. 16 November 1998.P. 130038. ADMINISTRATIVE CIRCULAR NO. is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22.P.P. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B. 12-2000 adopted the rulings in Eduardo Vaca v. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. 131714. Blg. 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 2. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. Court of Appeals (G. The clear tenor and intention of Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions of B. OTHERWISE KNOWN AS THE BOUNCING CHECK LAW.R. No. 22. 298 SCRA 656) and Rosa Lim v. Thus.P.P.R. the 270 . TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 2001. 13-2001 February 14. Blg. People of the Philippines (G.This Administrative Circular. Blg. queries have been made regarding the authority of Judges to: 1.
3. Needless to say. 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. 12-2000 ought not be deemed a hindrance. Should the Judge decide that imprisonment is the more appropriate penalty. Should only a fine be imposed and the accused be unable to pay the fine. the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. The issuance of this Administrative Circular was authorized by the Court En Banc in A. It is. understood that: 1. or otherwise be contrary to the imperatives of justice. Blg. in the exercise of sound discretion. 22.imposition of a fine alone should be considered as the more appropriate penalty. work violence on the social order.P. there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment.M. therefore. No. Administrative Circular No. 00-11-01-SC at its session of 13 February 2001. 271 . 2. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B. and taking into consideration the peculiar circumstances of each case. The Judges concerned may.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.