You are on page 1of 74

TITLE ONE I. CRIMES AGAINST NATIONAL SECURITY Article 114 • ELEMENTS OF TREASON: a.

That the offender owes allegiance to the Government of the Philippines b. That there is a war in which the Philippines is involved c. That the offender either – d. Levies war against the government, 1. breech of allegiance 2. actual assembling of men 3. for the purpose of executing a reasonable design e. Adheres to the enemies, giving them aid and comfort 1. breech of allegiance 2. adherence 3. giving aid or comfort to the enemy • Ways of proving treason: a. 2 witnesses testifying to same overt act Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT. b. Confession of the accused in open court. Arraignment, pre-trial, trial – OK. 1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. 2. During trial, simply saying “I’m guilty” is not enough. 3. Withdrawing plea of “not guilty” during arraignment not necessary 4. If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. • Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or an alien. • Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. • Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no need for declaration of war • Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) • Not Treasonous: a. Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason (exception: when it is policy determining) b. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them. c. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not treason • On Citizenship a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. b. Only Filipino citizens or permanent resident aliens can be held liable c. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. • • • • 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; mere attempt consummates the crime Giving aid or comfort – material element, enhances forces of the enemy country. 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. Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving aid and comfort.”
1

Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his country’s policy. But membership in the police force during the occupation is NOT treason. Example: Giving information to, or commandeering foodstuffs for the enemy. • Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. • Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted. • If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12. No treason through negligence • When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason. Article 115 CONSPIRACY TO COMMIT TREASON • ELEMENTS: a. In time of war b. 2 or more persons come to an agreement to 1. levy war against the government, or 2. adhere to the enemies and to give them aid or comfort, c. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON a. In time of war b. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

• •

Article 116 MISPRISION OF TREASON • ELEMENTS: a. That the offender must be owing allegiance to the government, and not a foreigner b. That he has knowledge of any conspiracy (to commit treason) against the government c. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission “To report within a reasonable time” – depends on time, place and circumstance – the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.

• • • • •

Article 117 Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. • ELEMENTS: a. 1. That the offender enters any of the places mentioned therein 2 2. That he has no authority therefore; b. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds a. ELEMENTS: That the offender is a public officer b. That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds c. That he discloses their contents to a representative of a foreign nation
2

• • • • •

Purpose: to gather data Espionage: the offense of gathering, transmitting, 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. It is not conditioned on citizenship. Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines. Wiretapping is NOT espionage if the purpose is not something connected with the defense See CA 616 II. CRIMES AGAINST LAWS OF NATIONS

Article 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS • ELEMENTS: a. That the offender performs unlawful or unauthorized acts b. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Crime is committed in time of peace, intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

• • •

Article 119 VIOLATION OF NEUTRALITY ELEMENTS: a. That there is war in which the Philippines is not involved b. That there is a regulation issued by competent authority for the purpose of enforcing neutrality c. That the offender violates such regulation • Gov’t must have declared the neutrality of the Phil in a war between 2 other countries • It is neutrality of the Phil that is violated • Congress has the right to declare neutrality Article 120 CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: a. That it is in time of war in which the Philippines is involved b. That the offender makes correspondence with an enemy country or territory occupied by enemy troops c. That the correspondence is either – 1. prohibited by the government, or 2. carried on in ciphers or conventional signs, or 3. containing notice or information which might be useful to the enemy • Circumstances qualifying the offense: 1 a. notice or information might be useful to the enemy 2 b. offender intended to aid the enemy • Hostile country exist only during hostilities or after the declaration of war • Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. • It is not correspondence with private individual in enemy country • If ciphers were used, no need for prohibition • If ciphers were not used, there is a need for prohibition • In any case, it must be correspondence with the enemy country • Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable Article 121 FLIGHT TO ENEMY’S COUNTRY • ELEMENTS
3

Attack from outside. That the offender attempts to flee or go to enemy country d. Whenever the crime is accompanied by murder. By seizing the whole or part of the cargo of said vehicles. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. If rape is committed on someone below 7 – death under the new rape law. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 4 • • • • . That going to enemy country is prohibited by competent authority Mere attempt consummates the crime There must be a prohibition. seize the whole or part of the cargo of said vessel. That the offenders are not members of its complement or passengers of the vessel c. But if rape committed on someone below 7 during the time of piracy – RP to death. Intent to gain is an element. physical injuries. Ex. the crime is not piracy but robbery in the high seas) 2. Article 123 QUALIFIED PIRACY • CIRCUMSTANCES: a. Irreconcilable. If none. Offenders are Attack from the inside. Whenever they have seized a vessel by boarding or firing upon the same b. its equipment or personal belongings of its complement or passengers Elements: a. piracy is part of robbery and theft Mutiny Unlawful resistance to a superior officer. (this is the standing rule with the repeal of PD 532 which made it possible for any person to commit piracy including a passenger or complement of the vessel). homicide. Murder/rape/homicide/physical injuries must have been committed on the passengers or complement TITLE TWO I. or rape. That a vessel is on the high seas/Philippine waters b. attack or seize that vessel or (hence. That there is a war in which the Philippines is involved b. Whenever the pirates have abandoned their victims without means of saving themselves c. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532) b. (the above may result to qualified mutiny) Parricide/infanticide should be included (Judge Pimentel) Note the new rape law. or the raising of commotion and disturbances on board a ship against the authority of its commander • • • • • • Piracy Robbery or forcible degradation on the high seas. Death is imposed in certain types of rape There is a conflict between this provision and the provision on rape.• • • a. That the offenders – 1. even if went to enemy country – no violation Alien resident may be guilty here. Article 122 PIRACY • 2 Ways of Committing Piracy a. if committed by crew or passengers. its equipment or personal belongings of its complement or passengers High seas: 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 PD 532 has been already repealed 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. That the offender (Filipino or resident alien) must be owing allegiance to the government c. strangers to the vessel.

36 hours. That he has detained a person for some legal grounds c. What is length of waiver? Light offense – 5 days. c. crime is illegal detention 5 • • • • • • • . According to the SC. 18 hours. Arrest can be made without a warrant because this is a continuing crime. or their equivalent Really means delay in filing necessary information or charging of person detained in court. prosecutors – though technically not a judicial authority. That the detention was without legal grounds (cannot be committed if with warrant). To escape from this. has been committed b. By detaining a person without legal ground b. That he detains a person (actual restraint). or their equivalent 2. X voluntarily admitted to the officers that he did it although he was not asked. Does not contemplate actual physical delivery but at least there must be a complaint filed. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital • Without legal grounds: a. May be waived if a preliminary investigation is asked for. • Detention: when a person is placed in confinement or there is a restraint on his person. CA is an example of arbitrary detention (Judge Pimentel) • Example: Y was killed by unknown assailant. Serious and less serious offenses – 7 to 10 days. Why? Because once X made a confession. Article 125 DELAY IN THE DELIVERY OF DETAINED PERSONS • ELEMENTS: a. Neither does it affect the legality of the confinement under process issued by the court. • 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 c.) The filing of the information in court does not cure illegality of detention. the officers had a right to arrest him. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. b. there was NO arbitrary detention. • Legal grounds for the detention of any person: a. then the rebels continue to engage in rebellion. 12 hours.Classes of Arbitrary Detention: a. Such waiver is not violative of the accused constitutional right. unless the rebels renounce his affiliation. for crimes/offenses punishable by capital punishment or afflictive penalties. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons. Duty complied with upon the filing of the complaint with the judicial authority (courts. or their equivalent or 3. Enrile: Rebels later on retire. Delaying release Article 124 ARBITRARY DETENTION • ELEMENTS: a. According to the SC. once you have committed rebellion and have not been punished or amnestied. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person. if detained for crimes/offenses punishable by light penalties. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Officer must have reasonable knowledge that the person probably committed the crime • For escaped prisoner – no need for warrant • Rolito Go v. • Continuing crime is different from a continuous crime • Ramos v. That the offender is a public officer or employee b. private individuals who conspire with public officers can also be liable. X was detained immediately. Officers got a tip and arrested X. commission of a crime b. is being. he’s considered as one. Crime is about to be. That he fails to deliver such person to the proper judicial authority within: 1. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital • Know grounds for warrantless arrest: a. for purposes of this article. jurisdiction to maintain peace and order). for crimes/offenses punishable by correctional penalties.

papers or effects not constituting evidence of a crime be not returned immediately • If the offender who enters the dwelling against the will of the owner thereof is a private individual.Arbitrary Detention (124) Detention is illegal from the beginning. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority..e. 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. That he commits any of the following acts: 1. delaying the service of notice of such order to said prisoner c. offense committed at nighttime b. or 3. entering any dwelling against the will of the owner thereof 2.Villavicencio v. That the offender is a public officer or employee b. If done by a private person. will amount to grave coercion) i. That the offender is not authorized to do so by law • 2 acts punishable: a. That the offender without good reason delays: 1. Article 128 VIOLATION OF DOMICILE ELEMENTS: a. 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. or 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. or compels a person to change his residence c. destierro. Delay in Delivery of Detained (125) Detention is legal in the beginning. refusing to leave the premises. That he expels any person from the Philippines. after having surreptitiously entered said dwelling and after having been required to leave the same • Aggravating Circumstance (medium and maximum of penalty imposed): a. or when sent to prison • If X (Filipino) after he voluntarily left. the proceedings upon a petition for the release of such person • Three acts are punishable: a. delaying the performance of a judicial or executive order for the release of a prisoner b. by compelling a person to change his residence (The crime of expulsion absorbs that of grave coercion. That the offender is a public officer or employee b. Lukban: prostitutes’ case • Does not include undesirable aliens. searching papers or other effects found therein without the previous consent of such owner 3. the service of the notice of such order to the prisoner. 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. by expelling a person from the Philippines b. the crime committed by the public officer is grave 6 . delaying the proceedings upon any petition for the liberation of such person • Wardens and jailers are the persons most likely to violate this provision • Provision does not include legislation Article 127 EXPULSION ELEMENTS: a. That the offender is a public officer or employee b. Article 126 DELAYING RELEASE ELEMENTS: a.

or two witnesses residing in the same locality are not present • Order of those who must witness the search: a. all details must be with particularity • Malicious warrant. signed by the judge and directed to a public officer. commanding him to search for personal property described therein and bring it before the court • No just cause – warrant is unjustified • Search – limited to what is described in the warrant. That the offender is a public officer or employee b. Article 129 SEARCH WARRANTS MALICIOUSLY OBTAINED ELEMENTS: a. 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. Latter is preferred for objective determination. That the owner.g. 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. He performs any of the ff. Tank was used to ram gate prior to announcement that a search will be made c. person enters dwelling w/o consent or against the will b. That there is no just cause ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED ELEMENTS: a. person enters and searches for papers and effects c. That he searches the domicile. or unjust vexation. That he has legally procured a search warrant c. if violence or intimidation is used (Art 286). papers or other belongings of any person d.• • • • • coercion. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. X was a respondent of a search warrant for illegal possession of firearms. A return was made. X owner was handcuffed while search was going-on. That he exceeds his authority or uses unnecessary severity in executing the same • Search warrant is valid for 10 days from its date • Search warrant is an order in writing issued in the name of the People. Article 131 PROHIBITION. That he is armed with a search warrant legally procured c. Members of the family of sufficient age and discretion c. without legal ground the holding of a peaceful meeting. prohibiting or interrupting. acts: 1. 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. Example. Persons who were not respondents were searched Article 130 • ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES: a. Offender is a public officer or employee b. b. • Abuse examples: a. That he procures a search warrant c. denial of permit in arbitrary manner). even if he knew that someone in that dwelling is having unlawful possession of opium 3 acts punishable: a. or any member of his family. That the offender is a public officer or employee b. Homeowner b. person entered secretly and refuses to leave after being asked to “Being authorized by law” – means with search warrant. AND DISSOLUTION OF PEACEFUL MEETINGS • ELEMENTS: a. or dissolving the same (e. INTERRUPTION. That the offender is a public officer or employee b. 7 .

But if police stops a meeting in a private place because there’s no permit. But if done in a private home. or (for this element. directed against religious tenet If in a place devoted to religious purpose. hindering any person from joining any lawful association or from attending any of its meetings prohibiting or hindering any person from addressing. • • • • • Article 133 OFFENDING RELIGIOUS FEELINGS • ELEMENTS: a. he’s not. but only a meeting of a religious sect. Ex. either alone or together with others. a manifestation of religion. although in other cases. Is X liable? X may be liable under Art 133 because X is a private person. a private person. officer is liable for stopping the meeting. mere arrogance or rudeness is not enough • • • • CRIME Nature of Crime Who are Liable If Element Missing Prohibition. it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony. otherwise. in a place devoted to religious feelings. the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting. That the officer is a public officer or employee b. dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger. When priest is solemnizing marriage. That the acts complained of were performed – 1. during the celebration of any religious ceremony b. in the peaceful meeting. That religious ceremonies or manifestations of any religion are about to take place or are going on c. marriage X. any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual. Example: Ordinance requires permits for meetings in public places. There is a deliberate intent to hurt the feelings of the faithful. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) c. he is a person in authority. That the offender prevents or disturbs the same Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. 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. The offender is any person d. 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. not a participant. 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. it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. Mass. there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). only the place is material) 2. no need of religious ceremony. Crime against the Public officers.• • • • • • • • • • 2. baptism. If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state 8 . boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Article 132 INTERRUPTION OF RELIGIOUS WORSHIP • ELEMENTS: a.

Fernando) Read People v. Any person who: 1. If not tumults = alarms Religious Feeling public order private persons. possessions of firearms. robbing were done for private purposes or for profit. illegal association are absorbed. 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. Any person who. maintains. wholly or partially. and scandal (133) outsiders If meeting illegal at onset = inciting to sedition or rebellion TITLE THREE I. or b. even if not in furtherance of rebellion cannot be complexed If killing. naval or other armed forces. takes part therein by: 1. or 2 To deprive the chief executive or congress. Furthermore. while holding any public office or employment. Merely sympathizing is not participation. engaging in war against the forces of the government 2. or 4 ii. 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). Hernandez and Enrile v. However. Examples: killing. If by insider = unjust Religious fundamental law of Outsiders vexation Worship (132) the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Offending the Crime against Public officers. CRIMES AGAINST PUBLIC ORDER Article 134 REBELLION OR INSURRECTION • ELEMENTS: a. without any political motivation. taking arms against the government (force/violence) b. Mere giving of aid or comfort is not criminal in the case of rebellion. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. That the purpose of the uprising or movement is either 1. the crime would be separately be punished and would not be embraced by rebellion ( People v. or 3.Peaceful Meeting (131) Interruption of Crime against the Public officers. If there is no public uprising. of any of their powers or prerogatives Persons liable for rebellion a. any body of land. Rape. destroying property or committing serious violence 3. heads a rebellion or insurrection. 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. 4. the territory of the Philippines or any part thereof. the crime is of direct assault. public uprising and 2. Any person merely participating or executing the command of others in rebellion Success is immaterial. mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. to remove from the allegiance to said government or its laws – 3 i. there must be ACTUAL participation Not necessary that there is killing. Salazar 9 • • • • • • • • • • • • • • . 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. promotes 2. That there be – 1.

Swift attack b. engaging in war against the forces of the gov’t 2. commands others to undertake a coup. Purpose of seizing or diminishing state power Crime may be committed by a single person. while holding any public office or employment. With or without civilian support or participation 8. Article 135 PENALTIES • Who are liable? a. destroying property or committing serious violence 3. directs.• • Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. Singly or simultaneously carried out anywhere in the Philippines 6. any military camp or installation 3. strategy or stealth Treason (114) Rebellion (134) • • Coup d’etat Sedition (139) (134-A) Nature of Crime against Crime against Crime Crime against C National Security Public Order against Public Order r Public Order i m e Overt levying war Public uprising See article. supports. directed the others b. threat. threat. intimidation. strategy or stealth c. 10 In Government Service Anyone who leads. what is important is violence. any government employee and even by civilian Taking up of arms not even necessary. duly constituted authorities 2. aids in a coup. Any person merely participating or executing the command of other in a rebellion Not in Government Service Anyone who participates or in an manner. . performed similar acts on behalf of the rebels Article 134-A COUP D E’TAT • ELEMENTS: a. objective war state power. Seizing or See enumeration in of to enemy during diminishing article. Directed against: 1. heads a rebellion or insurrection b. Promotes 2. Rising publicly or A against the gov’t. Maintains 3. Any person who. Committed by any person or persons belonging to the military or police or holding any public office or employment. communication networks or public utilities 4. Any person who: 1. intimidation. AND tumultuously c OR Taking up arms (caused by more t adherence and against the gov’t than 3 armed men s giving aid or or provided with comfort to means of violence) enemies Purpose Deliver the gov’t See article. with or without civilian support or participation 7. finances. Accompanied by violence. signed receipts and other documents issued in their name d. takes part therein 1. spoke for them c. abets. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated c. other facilities needed for the exercise and continued possession of power 5.

robbing etc for private persons or for profit. proclamations. Killing. Accepting appointment to office under rebels Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it. 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. Continuing to discharge the duties of their offices under the control of rebels c. Article 136 CONSPIRACY TO COMMIT REBELLION OR INSURRECTION • ELEMENTS: a. A person who has decided to rise publicly and take arms the government b. not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. without any political motivation. then it is already taking part in it. emblems. Failing to resist rebellion by all the means in their power b. banners or other representations tending to the same end Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 • • Proposal to Commit Rebellion (136) Inciting to Rebellion (138) The person who proposes has decided to Not required that the offender commit rebellion. Diverting public funds is malversation absorbed in rebellion a. Article 139 11 has . That he incites others to the execution of any of the acts of rebellion c. That the inciting is done by means of speeches. Public officer must take active part because mere silence or omission not punishable in rebellion b. That the offender does not take arms or is not in open hostility against the government b. or that they never recognized the government c. then there’s disloyalty. It is not a defense in rebellion that the accused never took the oath of allegiance to. would be separately punished and would not be absorbed in the rebellion. It is not limited to hostilities against the armed force. of the crime uses secret means. 2 more persons come to an agreement to rise publicly and take arms against the government b. For any of the purposes of rebellion c. Article 137 DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES • ELEMENTS: a. For any of the purposes of rebellion c. If there are no means. They decide to commit it PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136) • ELEMENTS: a. The person who proposes the execution The inciting is done publicly. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government d. writings. which may result in homicide. no fault If position is accepted in order to protect the people. decided to commit rebellion.• • Serious violence is that inflicted upon civilians. Proposes its execution to some other person/s • Organizing a group of soldiers. soliciting membership in. • • • • • Article 138 INCITING TO REBELLION OR INSURRECTION • ELEMENTS: a.

That the inciting is done by means of speeches. when they tend to instigate others to cabal and meet together for unlawful purposes c. or any provincial or municipal government. cartoons. actual disturbance not necessary) Different acts of inciting to sedition: a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. or the national government of all its property or any part thereof Sedition: raising of commotion or disturbances in the State. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. CRIMES AGAINST POPULAR REPRESENTATION Article 143 ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES • ELEMENTS: 12 • • .SEDITION • ELEMENTS: a. Uttering seditious words or speeches which tend to disturb the public peace or writing. or other means outside of legal methods c. That he incites others to the accomplishment of any of the acts which constitute sedition (134) c. That they employ force. SC held that NO. That the offenders employ any of those means to attain any of the following objects: 1. to prevent the national government. the safety and order of the government II. or circulating scurrilous [vulgar. Umali. publishing. For sedition – sufficient that uprising is tumultuous. Difference from rebellion – object or purpose of the surprising. any person. banners. for any political or social end. or b. leader of the sedition. to despoil. Soldier) Public uprising and the object of sedition must concur Q: Are common crimes absorbed in sedition? In P v. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. Sedition – purpose may be either political or social. or any public thereof from freely exercising its or his functions. That the offenders rise – 1. Knowingly concealing such evil practices When punishable: a. Publicly (if no public uprising = tumult and other disturbance of public order) 2. even private persons may be offended parties) 5. 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. Crimes committed in that case were independent of each other. proclamations. and b. emblems etc. other persons participating in the sedition • • • • • • • • • • • Article 142 INCITING TO SEDITION • ELEMENTS: a. to prevent the promulgation or execution of any law or the holding of any popular election 2. any act of hate or revenge against private persons or any social class (hence. which tend to disturb the public peace c. when they suggest or incite rebellious conspiracies or riots. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. to commit for any political or social end. That the offender does not take a direct part in the crime of sedition b. In rebellion – there must be taking up of arms against the government. b. libelous] libels against the government or any of the duly constituted authorities thereof. or d. emblems. intimidation. Preventing election through legal means – NOT sedition But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition Persons liable for sedition: a. writing. or other representations tending to the same end (purpose: cause commotion not exactly against the government. or prevent the execution of any administrative order 3. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Tumultuously (vis-à-vis rebellion where there must be a taking of arms) b. writings. municipality or province. mean. proclamations.

or from 2. is in a regular or special session 4. if they carry arms. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment). Audience whether armed or not. purpose of the meeting is to commit acts punishable under the RPC 13 • . Accused may also be punished for contempt. Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. meeting attended by armed persons b. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. Meeting. like bolos or knives. threats. he disturbs any of such meetings 2. Article 144 DISTURBANCE OF PROCEEDINGS • ELEMENTS: a. That the offender does any of the following acts 1. constitutional commissions or committees or division thereof. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. constitutional commissions or committees or divisions thereof. except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor Elements: 1. or of any provincial board or city or municipal council or board b. the organizers or leaders of the meeting b. rebellion or insurrection. at the time of arrest or search. penalty is arresto mayor b. Meeting. or of any provincial board or city or municipal council or board b.• a. or frauds to prevent any member of Congress from – 1. expressing his opinions or 3. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Article 146 ILLEGAL ASSEMBLIES • Two (2) Types of illegal assemblies: a. Meeting of the first form 1. gathering or group of persons whether in a fixed place or moving 2. penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. is incited to the commission of the crime of treason. That Congress. By arresting or searching any member thereof while Congress is in a regular or special session. casting his vote b. That he arrests or searches any member of Congress 3. sedition or direct assault. That the offender who may be any persons prevents such meeting by force or fraud Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. Meeting of the second form 1. That there be a meeting of Congress or any of its committees. Article partly inoperative because of the 1987 Constitution III. gathering or group of persons whether in a fixed place or moving 2. purpose : to commit any of crimes punishable under the code 3. That the offender is a public officer or employee 2. • • • • . By using force. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Complaint must be filed by member of the Legislative body. That there be a projected or actual meeting of Congress or any of its committees or subcommittees. constitutional commissions or committees or divisions thereof. or licensed firearms. • Article 145 VIOLATION OF PARLIAMENTARY IMMUNITY • Acts punishable: a. attending the meeting of the assembly or any of its committees. if they are not armed. intimidation.

directors and president of the association b. That there is no public uprising. so is a Division Superintendent of schools. Pointing a gun) Force Employed Need not be serious Must be of serious character Intimidation/Resistance Serious Serious • • • • • Person in Authority Agent • • • Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation. That 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. (c) makes a serious intimidation. RESISTANCE AND DISOBEDIENCE and and Article 148 DIRECT ASSAULT • ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT a. (victim need not be person in authority) c. although not armed. or of individuals who. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Or for some purpose contrary to public morals Persons liable: a. That the person assaulted is a person in authority or his agent. d. in which case. That there is no public uprising. 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. is charged with the maintenance of public order and the protection and security of life and 14 . It is the meeting and the attendance at such that are punished Persons liable: leaders and those present Illegal Association (147) No need for such Act of forming or organizing membership in the association Founders. ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: a. sedition or assault upon a person in authority of his agent. 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. injure or assault). directors. That the offender (a) makes an attack. or (d) makes a serious resistance. president members IV. b. considered as leader or organizer of the meeting Article 147 ILLEGAL ASSOCIATIONS • • ELEMENTS: a. by direct provision of law or by election or by appointment by competent authority. That the offender employs force or intimidation. mere members of the association Illegal Assembly (146) Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC. c. President of Sanitary Division and a teacher Agent: is one who. direct assault with murder) except if resulting in a light felony. board or commission A barangay captain is a person in authority. Organized totally or partially for the purpose of committing any of the crimes in RPC b. Always complexed with the material consequence of the act (e.b. rebellion. or that he is assaulted (b) by reason of the past performance of official duties (motive is essential). e. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential). ASSAULT.g. founders. are incited to the commission of treason. b. (b) employs force.

Malacañang confidential agent) Even when the person in authority or the agent agrees to fight. Barrio councilman and any person who comes to the aid of the person in authority. 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. postmaster. still direct assault. That the offender disobeys such agent of a person in authority. 148. c. Direct assault cannot be committed during rebellion. refusing without legal excuse to obey summons b. That such disobedience is not of a serious nature. 149 and 150. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. 148. That the offender resists or seriously disobeys such person in authority or his agent. Article 149 INDIRECT ASSAULT • ELEMENTS: a. Aiding a policeman under attack. 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). That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. when the assault is committed with a weapon b. (Example. c. That a person comes to the aid of such authority or his agent.• • • • • • • property. restraining another from attending as witness in such body e. When the person in authority or the agent provoked/attacked first. refusing to be sworn or placed under affirmation c. policeman. 2) • ELEMENTS: a. d. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. inducing disobedience to a summons or refusal to be sworn Article 151 RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. That the act of the offender is not included in the provisions of arts. when the offender is a public officer or employee c. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. c. agents of the BIR. sheriff. SIMPLE DISOBEDIENCE (par. municipal treasurer. or with serious physical injuries. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder. • • Article 150 DISOBEDIENCE TO SUMMONS • Acts punishable: a. b. Indirect assault can be committed only when a direct assault is also committed To be indirect assault. b. Resistant and Disobedience to a Person in Authority or Agents of such Person (151) PIA or his agent must be engaged in the PIA or his agent must be in the actual performance of official duties or that he performance of his duties. 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. refusing to answer any legal inquiry to produce books. 15 Direct Assault (148) . records etc. 1) • ELEMENTS: a. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. Example. the person who should be aided is the agent (not the person in authority because it is already direct assault. b.

Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority – any person who. Barangay captain b. Burying with pomp the body of a person who has been legally executed. seriously Use of force against an agent of a PIA is not so serious. Displaying placards or emblems which provoke a disturbance of public order in such place e. Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” • • • • • Article 154 • TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES: 16 . colleges and universities f. Barangay leader d. 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. If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers. association or public place d. employing force. the punong barangay. Persons charged with the supervision of public or duly recognized private schools. by direct provision of law or by election or by appointment by competent authority. no manifest intention to defy the law and the officers enforcing it. although rebellious or seditious in nature. office or establishment b. a. functions. its inciting to rebellion or sedition. Barrio policeman c. Barangay chairman c. and seriously resisting a PIA or his agent. c. whether as an individual or as a member of some court or governmental corporation. this article applies. board or commission. is charged with the maintenance of public order and the protection and security of life and property.is assaulted Direct assault is committed in 4 ways – by attacking. Teachers d. protection and the security of life. Barrio councilman b. V. Causing any serious disturbance in a public place. if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. or if committed by public officers they are not participants therein. is not intentionally calculated to induce others to commit rebellion or sedition. Making any outcry tending to incite rebellion or sedition in any meeting. Committed by resisting or disobeying a PIA or his agent. gatherings or peaceful meetings. property. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. Use of force against an agent of PIA must be serious and deliberate. Any person who comes to the aid of persons in authority Section 388 of the Local Gov’t Code provides that “for purposes of the RPC. CRIMES AGAINST PUBLIC DISORDERS Article 153 • TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER: a. otherwise. a. Interrupting or disturbing public performances. or the maintenance of a desirable and balanced environment. Article 152 PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY: • Persons in Authority – any person directly vested with jurisdiction. Professors e. and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority.

That the offender removes therefor such person. or cause damage to the interest or credit of the State. (fact of return immaterial). That there is a person confined in a jail or penal establishment. violence or intimidation d. windows. gates. designed to deride. using picklocks. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. firecracker. or other explosive within any town or public place. he is guilty of evasion of sentence). b. by means of printing. b. b. • A continuing offense. justifying or extolling any act punished by law. Article 155 • TYPES OF ALARMS AND SCANDALS: a. utterances or speeches c. walls. pamphlets. publishing or distributing or (causing the same) books. Discharging any firearm.a. false keys. calculated to cause alarm or danger b. • Charivari – mock serenade or discordant noises made with kettles. Printing. or before they have been published officially d. That he is serving his sentence which consists in deprivation of liberty (destierro included) c. insult or annoy • Firearm must not be pointed at a person. Encouraging disobedience to the law or to the constituted authorities or by praising. c. outsider Private persons. That he evades the service of his sentence by escaping during the term if his sentence. outsider Article 156 • ELEMENTS OF DELIVERING PRISONERS FROM JAILS: a. That the offender is a convict by final judgment. • 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. it is illegal discharge • What governs is the result. rocket. Offender is a private individual • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment • A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here • It may be committed through negligence • Circumstances qualifying the offense – is committed by means of violence. intimidation or bribery. by the same means or by words. tin horns etc. Maliciously publishing or causing to be published any official resolution or document without proper authority. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. breaking doors. or helps the escape of such person (if the escapee is serving final judgement. roofs or floors c. Causing any disturbance or scandal in public places while intoxicated or otherwise. not the intent CRIME Nature of Crime Tumults and other Crime against Public Order Disturbances (153) Alarms and Scandals (155) Crime against Public Order Who are Liable Private persons. lithography or any other means of publication as news any false news which may endanger the public order. Publishing or causing to be published. EVASION OF SENTENCE OR SERVICE Article 157 • ELEMENTS OF EVASION OF SERVICE OF SENTENCE: a. connivance with other convicts or employees of the penal institution 17 . disguise. otherwise. deceit. • Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise VI. unlawful entry (by “scaling”) b. provided the act is not covered by Art 153 (tumult).

explosion. First crime may be either from the RPC or special laws Reiteracion: offender shall have served out his sentence for the prior offense A quasi-recidivist may be pardoned at age 70. 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. CONFLAGRATIONS. • Offender must escape to be entitled to allowance • Mutiny – organized unlawful resistance to a superior officer. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years b. Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence. That he was granted a conditional pardon by the chief executive. But if under Revised Admin Code. That the offender was already convicted by final judgement of one offense. or 4. earthquake.1. COMMISSION OF ANOTHER CRIME Article 160 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism) • ELEMENTS a. a sedition. That the offender evades the service of his sentence by leaving the penal institution where he is confined. no conviction necessary.Article 158 • ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS. Except: Unworthy or Habitual Delinquent If new felony is evasion of sentence – offender is not a quasi-recidivist Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible) Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. 2. d. on the occasion of such disorder or during the mutiny. President has power to arrest. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. or while serving the same. similar catastrophe. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years VII. Minority) 18 • • • • • • • . a revolt • Disarming the guards is not mutiny Article 159 VIOLATION OF CONDITIONAL PARDON • ELEMENTS: a. resulting from. EARTHQUAKES OR OTHER CALAMITIES: a. conflagration. c. or 5. That there is disorder. That he committed a new felony before beginning to serve such sentence or while serving the same. in no case to exceed 6 months. mutiny in which he has not participated. b. • Penalty: an increase by 1/5 of the time remaining to be served under the original sentence. That the offender is a convict by final judgement who is confined in a penal institution. c. not special laws. Second crimes must belong to the RPC. That he violated any of the conditions of such pardon. reincarnate offender without trial • • VIOLATION OF PARDON ORDINARY EVASION Infringement of conditions/terms of To evade the penalty given by the courts President – disturbs the public order • Two penalties provided: a. b. 3. b. That the offender was a convict.

knowing the same to be false or mutilated. and 2. Actually uttering such false or mutilated coin. or if it is not an article of the government as legal tender. actually uttering. knowledge. • Coin is counterfeit – if it is forged. ELEMENTS: 1. That the offender either made. tearing d. Possession of coin. and 3. Under this PD. destruction of Central Bank notes and coins • Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. That he used the counterfeit seal or forged signature or stamp. b. • Must be intention to mutilate. with intent to utter. regardless if it is of no value • Counterfeiting – imitation of legal or genuine coin (may contain more silver. Forging the great seal of the Government b. ELEMENTS: 1. That in case of uttering such false or counterfeited coins. CRIMES AGAINST PUBLIC INTEREST Article 161 • TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT: a. WITHOUT CONNIVANCE • 2 Types a. • Offender is NOT the forger/not the cause of the counterfeiting Article 163 • ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS: a. That the offender knew of the counterfeiting or forgery. knowledge b. willful defacement b. to diminish by inferior means (to diminish metal contents). possession 2. c. Possession does not require legal tender in foreign coins 19 • .TITLE FOUR I. Forging the signature of the President c. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. Article 165 SELLING OF FALSE OR MUTILATED COIN. Must be legal tender. 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 Article 164 • ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE: This has been repealed by PD 247. knowing that it is false or mutilated. c. burning e. the acts punishable are: a. b. mutilation c. he connives with counterfeiters or importers. it is not falsification but forging of signature under this article • Signature must be forged. Forging the stamp of the President • When the signature of the President is forged. with intent to utter the same. Article 162 • USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP: a. imported or uttered such coins. different design) such as to deceive an ordinary person in believing it to be genuine • Utter – to pass counterfeited coins. • Foreign notes and coins not included. counterfeited or mutilated by another person. others signed it – not the President. That there be false or counterfeited coins (need not be legal tender).

That he performs any of these acts – 1. • if all acts done but genuine appearance is not given. falsifying – lotto or sweepstakes ticket. b. sweepstakes money • • • • • Article 167 • ELEMENTS OF COUNTERFEITING. Forging or falsity of treasury/bank notes or documents payable to bearer b. drafts for money. bills. EMPLOYEE. c. • Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies . That the offender either forged. words. treasury notes. d. Article 171 FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER. That the offender knows that any of those instruments is forged or falsified. That the alteration has changed the meaning of the document. b. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. • Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes Article 169 FORGERY • How forgery is committed: a. That he has no proper authority therefor. altering by any means the figures. That these be a bill. or 2. That the offender (any person) alters the same. 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. substituting. b. signs contained therein E. by giving to a treasury or bank note or any instrument payable to bearer or to order. certificate of deposits. checks. using any of such forged or falsified instrument. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER: a. or signs contained therein.• • Includes constructive possession Read RA 427 Article 166 FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING • Acts punishable: a. OR NOTARY OR ECCLESTASTICAL MINISTER 20 . the appearance of a true and genuine document b. counterfeiting or altering by any means the figures and letters. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council.g. c. certificate of indebtedness. letters or words. substituting. c. coupons. national bank notes. Article 168 • ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT: a. by erasing. counterfeiting. he connived with the forger or importer. the crime is frustrated Article 170 • ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS: a. That there be an instrument payable to order or other document of credit not payable to bearer. Importing of such notes c. Uttering of such false or forged obligations and notes in connivance with forgers and importers Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing. IMPORTING. That in case of uttering. That any treasury or bank note or certificate or other obligation and security payable to bearer. imported or uttered such instruments. possessing with intent to use any of such forged or falsified instrument.

and iv. the genuine and the forged. That he has a legal obligation to disclose the truth of the facts narrated by him. 3. bear some resemblance. Requisites: i. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. That he takes advantage of his official position. 7. Residence certificates  The person making the narration of facts must be aware of the falsity of the facts narrated by him. 1 but such is not an impediment to conviction under par. or notary public. Altering true dates. Ex. (genuine document) d. That it was made on a genuine document iii. That such person/s did not in fact so participate in the act or proceeding 4. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person  There must be a narration of facts. That the alteration/intercalation has changed the meaning of the document iv. That the offender is a public officer. That the change made the document speak something false. (required by law to be done) and iii. he may still be liable for falsification of documents by a private person Document: any written statement by which a right is established or an obligation is extinguished Not necessary that what is falsified is a genuine or real document. falsification through negligence) or 8. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1) • ELEMENTS a. enough that it gives an appearance of a genuine article Counterfeiting – imitating any handwriting. Requisites: i. not a conclusion of law.• • • • • • • • ELEMENTS: a. signature or rubric Feigning – simulating a signature. handwriting. registry. That the offender makes in a document statements in a narration of facts ii. OFFICIAL. or rubric out of one of which does not in fact exist Article 172 FALSIFICATION OF PUBLIC. or official book. and ii. That the facts narrated by the offender are absolutely false. Must be on a material matter  Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. or including in such copy a statement contrary to. (if no knowledge. 21 . That there be an alteration (change) or intercalation (insertion) on a document ii. employee or notary public or ecclesiastical minister If offender does not take advantage of his public position. Requisites: i. Intercalating any instrument or note relative to the issuance thereof in a protocol. c. Making any alteration or intercalation in a genuine document which changes its meaning. Making untruthful statements in a narration of facts. or different from. This kind of falsification may be committed by omission 5. b. In case the offender is an ecclesiastical minister. signature or rubric. Counterfeiting or imitating any handwriting. or an attempt to imitate ii. b. There is no crime of attempted or frustrated falsification of public document Persons liable – public officer. 2) 2. That the two signatures or handwritings. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. 171. to each other  (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. employee. – date must be essential 6. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. That he falsifies a document by committing any of the following acts: 1. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. That he committed any of the acts of falsification enumerated in ART. that of the genuine original. That there be an intent to imitate. Requisites: i.

Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Altering true dates. Public records kept in the Philippines. 3. except those in paragraph 7 and 8. • The user of the falsified document is deemed the author of falsification. OF PRIVATE DOCUMENT • ELEMENTS : a. no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. That the falsification caused damage (essential element. Use in any other transaction 1. 172. b. 3. bank checks. drafts. 172. 5. Introducing in a judicial proceeding: 1. books. That the use of the documents caused damage to another or at least was used with intent to cause such damage. 1 and 2 of art. 6. signature or rubric.• • • • • • • 1. because as regards the falsification of the private document there was no damage or intent to cause damage. judicial and executive. Examples of commercial documents – warehouse receipts. 2. airway bills. That the false document is embraced in art. 2. art. cash files. deposit slips and bank statements. the written acts or records of cats of the sovereign authority of official bodies and tribunals. 171 or in any of subdivisions nos. That the offender knew that a document was falsified by another person. and of the public officers. it is presumed Defense: lack of malice or criminal intent The following writings are public: a. 171. Making untruthful statements in a narration of facts. That he introduced said document in evidence in any judicial proceeding. ledgers. Making any alteration or intercalation in a genuine document which changes its meaning. • Not necessary that the offender profited or hoped to profit from the falsification • A document falsified as a necessary means to commit another crime must be public. the user had the capacity of falsifying the document 22 . b. 3. journals. • A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law • The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records USE OF FALSIFIED DOCUMENT (par. letters of credit and other negotiable instruments Cash disbursement vouchers or receipts evidencing payments are not commercial documents A mere blank form of an official document is not in itself a document The possessor of falsified document is presumed to be the author of the falsification FALSIFICATION UNDER PARAGRAPH 2 OF ART. 171 or in any subdivisions nos. that the offender knew that a document was falsified by another person. damage is not essential. enumerated in art. 172. Counterfeiting or imitating any handwriting. the use is so closely connected in time with the falsification b. That the falsification was committed in any public or official or commercial document. That he used such documents (not in judicial proceedings). (intent to cause damage not necessary) b. 1 and 2 of art. That the false document is embraced in art. legislative. 4. the falsification is not punishable. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. That the offender committed any of the acts of falsification. 2. hence. 172) • ELEMENTS: a. 4. Under this paragraph. official or commercial • There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa • If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa. c. if: a. whether of the Philippines or of a foreign country. 3.

cable or telephone message. That the accused commits any of the following acts: .Falsification of Private Documents Prejudice to third party is an element of the offense. what is punished is the violation of public faith and perversion of truth which the document proclaims. or telephone message. or a public officer has issued a false certificate of merit or service. telegraph. 173. b. issued a false certificate (note: such certificate must refer to the illness or injury of a person) b. Making or introducing into the Philippines any stamps. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person The implement confiscated need not form a complete set 23 . cable. That he used the same. Falsification of Public/Official Documents Prejudice to third persons is immaterial. Uttering fictitious. cable or telephone message. Falsifying wireless. Article 176 MANUFACTURING FALSIFICATION: • AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR • Acts punishable: a. That the use of the falsified dispatch resulted in the prejudice of a third party. engaged in the service of sending or receiving wireless. cable. or telephone message 2. cable. wireless. CABLE. Article 173 FALSIFICATION OF WIRELESS. telegraph. good conduct. engaged in the service of sending or receiving wireless. or telephone message 3. or . That the accused used such falsified dispatch. That the offender is an officer or employee of the government or an officer or employee of a private corporation.uttering fictitious wireless. cable. CERTIFCATES OF MERIT OR SERVICE AND THE LIKE: • Persons liable: a. TELEGRAPH. in connection with the practice of his profession. That the accused commits any of the following acts: . That the accused knew that wireless. b. or a private person had falsified any of said certificates.uttering fictitious wireless. b. telegraph or telephone message Requisites: a. or telephone message was falsified by any of the person specified in the first paragraph of art. or that the use thereof was with intent to cause such prejudice. b. AND USE OF SAID FALSIFIED MESSAGES • Acts punishable: 1.falsifying wireless. telegraph. AND TELEPHONE MESSAGES. The public officer. That a physician or surgeon has issued a false medical certificate. to be liable must be engaged in the service of sending or receiving wireless.falsifying wireless. or . c. c. cable. dies or marks or other instruments or implements for counterfeiting or falsification b. That the offender knew that the certificate was false. Using such falsified message Requisites: a. or telephone message. Public officer who issued a false certificate of merit of service. Private individual who falsified a certificate under (1) and (2) Article 175 • ELEMENTS OF USING FALSE CERTIFICATES: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation. telegraph or telephone message Requisites: a. telegraph. telegraph. Physician or surgeon who. good conduct or similar circumstances c. cable and telegraph or telephone message • Article 174 FALSIFICATION OF MEDICAL CERTIFICATES. or similar circumstances.

(ex. and without being lawfully entitled to do so. That the offender makes use of insignia. By knowingly and falsely representing oneself to be an officer. To cause damage to public interest. c. OTHER FALSITIES Article 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: • 2 ways of committing the crime: a. To conceal a crime. Signing fictitious name for a passport) • ELEMENTS (concealing true name): a. 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. That the offender testifies falsely under oath against the defendant therein. b. that the offender conceals – 1.• Constructive possession is also punished II. and 2. agent or representative of any department or agency of the Philippine gov’t or any 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. Use of Fictitious Name (178) Element of publicity must be present Purpose is to conceal a crime. uniform or dress is used publicly and improperly. uniform or dress. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point) • Requires criminal intent. that the purpose is only to conceal his identity. to evade the execution of a judgement. That there be a criminal proceeding. In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. b. or to cause damage Concealing True Name (178) Publicity not necessary Purpose is to conceal identity Article 179 • ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA: a. b. To evade the execution of a judgment. b. That said insignia. • an exact imitation of the dress or uniform is unnecessary Article 180 • ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT: a. That he uses that fictitious name publicly. b. c. 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 24 . to the gov’t b. That the purpose of the offender is – 1. c. Not necessary that he performs an act pertaining to a public officer. d. to any person in authority c. can’t be committed through negligence. all other personal circumstances. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position. That the offender who gives false testimony knows that it is false. That the insignia. 2. to any public office • • • • Article 178 USING FICTITIOUS NAME AND CONCEALING TRUE NAME • ELEMENTS (using fictitious name) : a. his true name. or 3. That the offender uses a name other than his real name.

• • • • • • • • • • • 2 ways of committing perjury: a. b. c. Solemn affirmation: refers to non-judicial proceedings and affidavits A false affidavit to a criminal complaint may give rise to perjury A matter is material when it is directed to prove a fact in issue 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 through negligence or imprudence since the assertion of falsehood must be willful and deliberate Even if there is no law requiring the statement to be made under oath. 25 . That the testimony must relate to the issues presented in said case. That the testimony must be malicious and given with an intent to affect the issues presented in the said case • Not applicable when testimony given in a special proceeding (in this case. That in that statement or affidavit. by falsely testifying under oath b. That the false testimony must be given by the defendant knowing the same to be false. the crime is perjury) • Basis of penalty: amount involved in the civil case Article183 ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION: a.I. by making a false statement Subornation of perjury: procures another to swear falsely. it is sufficient 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. c. b. • Basis of penalty: gravity of the felony charged against the defendant Article 182 • ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES: a. The false testimony is not in a judicial proceeding Article 184 • ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE: a That the offender offered in evidence a false witness or false testimony.• Penalty is dependent upon sentence imposed on the defendant Article 181 FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case: • False testimony by negative statement is in favor of the defendant • False testimony need not in fact benefit the defendant • A statement of a mere opinion is not punishable • Conviction or acquittal is not necessary (final judgement is not necessary). the accused made a willful and deliberate assertion of a falsehood. authorized to receive and administer oath. That an accused made a statement under oath or made an affidavit upon a material matter. If he merely denies the commission of the offense. he is not liable. and d. That the testimony must be false. as long as it is made for a legal purpose. d. b That he knew the witness or the testimony was false. That the testimony must be given in a civil case. c That the offer was made in a judicial or official proceeding. 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. e. That the statement or affidavit was made before a competent officer. That the sworn statement or affidavit containing the falsity is required by law. 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.

agreeing with another person • The purpose is: a. processor d. b That the stamps. conspiring c. processed. Combination to prevent free competition in the market b. 26 . SILVER. motor fuel or lubricants c. • Person/s liable: a. but knowing him to be a false witness. gifts. Monopoly to restrain free competition in the market . presented him and the latter testified falsely in a judicial or official proceeding The false witness need not be convicted of false testimony. III. assembled or imported into the Phil • Also liable as principals: a. It is not necessary that there be actual restraint of trade) c. or any other artifice.By monopolizing any merchandise or object of trade or commerce. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. The mere offer is sufficient. brands. goods of prime necessity Article 187 • ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD. Article 186 MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE: • Acts punished: a. b That the accused solicited any gift or a promise from any of the bidders. corporation/association b. manufacturer b. produced. food substance b. director/manager – who willingly permitted or failed to prevent commission of above offense • Aggravated if items are: a. sells or disposes of any of those articles or merchandise. producer or processor or importer combining. b That the accused attempted to cause the bidders to stay away from that public auction c That it was done by threats. importer • Crime is committed by: a. agent/representative c. OR OTHER PRECIOUS METALS OR THEIR ALLOYS: a That the offender imports. d That the accused had the intent to cause the reduction of the price of the thing auctioned. c That such gifts or promise was the consideration for his refraining from taking part in that public auction. promises. to make transactions prejudicial to lawful commerce b. by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market d. to increase the market price of any merchandise or object of commerce manufactured. Manufacturer.• • Article applies when the offender without inducing another. in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. producer c. FRAUDS Article 185 • ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION: a That there be a public auction. or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. • ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: a That there be a public auction. combining b. d That the accused had the intent to cause the reduction of the price of the thing auctioned.

or a colorable imitation of such marks. or mark fails to indicate the actual fineness or quality of the metals or alloys. knowing the fraudulent purpose for which it is to be used. being employees or visitors of drug den e. or resort for prohibited/regulated drug users. or any false description or representation. failure to comply with provisions relative to keeping of records of prescription i. Qualifying Circumstances – if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof. Article 189 UNFAIR COMPETITION. in the sale or advertising of services d By printing. false description by (a) affixing to his goods or using in connection with his services a false designation of origin. t/m or service mark. TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194) THE DANGEROUS DRUGS ACT OF 1972 (RA No. or in the (b) wrapping of their packages. Maintenance of a den. or in the (c) device or words therein.c That the offender knows that the said stamp. etc. t/m or service mark of one person. to enable another person to fraudulently use the same. sale. TRADENAME. possession or use g. distribution and transaction of prohibited/regulated drugs. ELEMENTS: a That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b That the general appearance is shown in the (a) goods themselves. giving them the general appearance of the goods of another manufacturer or dealer b Fraudulent designation of origin. unnecessary prescription j. brand. the maximum penalty herein shall be imposed. administration. possession of opium pipe and other paraphernalia k. or in (d) any other feature of their appearance c That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. 27 • • • • . OR SERVICE MARK • Acts punishable: a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof. 6425. distribution and transportation of prohibited drugs c. dive. dive or resort for prohibited drug users d. as amended) I. FRAUDULENT DESIGNATION OF ORIGIN. maintenance of a den. Article 188 SUBSTITUTING – ALTERING TRADE-MARK. importation of prohibited drugs b. of regulated drugs Importation of prohibited/regulated drugs. Importation. FRAUDULENT REGISTRATION OF TRADENAME. TRADEMARK SERVICE MARK. AND FALSE DESCRIPTION • Acts punished: a Unfair competition by selling his goods. or a colorable limitation thereof. for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same. b By selling or by offering for sale such article of commerce. and (b) selling such goods or services c Fraudulent registration by procuring fraudulently from the patent office the registration of t/m. Acts Punishable: a. sale. delivery. manufacture of prohibited drugs f. d That there is actual intent to deceive the public or defraud a competitor. cultivation of plants h. lithographing or reproducing t/n. knowing that the t/n or t/m has been fraudulently used c By using or substituting the service mark of some other person. administration. Sale. delivery.

if such vehicle. employee or officer who is found guilty of “planting” any dangerous drugs in the person or in the immediate vicinity of another as evidence to implicate the latter. shall be prima facie evidence that the possessor has smoked. after hearing. machines or other instruments in the manufacture of any dangerous drugs. or otherwise using opium or any other prohibited drug. Manufacturer. Rules: 28 . report the matter to the proper authorities. administration. supervisors or teachers. sale. Veterinarian. administered to himself. 28) II. b. a. delivered. consuming. president. or should a prohibited drug be the proximate cause of the death of the person using the same in such den. Failure to report in either case shall. or to the use of their equipment. c Government official. dive or resort. sales. Possession of prohibited/regulated drugs. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall. consumed. Distributor. the maximum of the penalty herein provided shall be imposed. officer or stockholder. ingesting. unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. (Sec. is owned or under the control and supervision of the partnership. injecting. association or any judicial person. in turn. tolerates. as such. Possession of opium pipe. delivery. aircraft. equipment. director. acquisitions and/or deliveries of prohibited/regulated drugs Persons liable: Pharmacist. corporation. president. equipment. who knowingly authorizes. corporation. are vested with the power to apprehend. or other instrument. distribution or transportation of dangerous drugs. all school heads. NOTE: They shall be considered as persons in authority id they are in the school or within its immediate vicinity. Attempt and conspiracy to commit the following offenses: a Importation of dangerous drugs b Sale. purchases. association or judicial entity to which they are affiliated. Wholesaler. director. distribution and transportation of dangerous drugs c Maintenance of a den. Physician. Dealer. Importer. or cause the apprehension or arrest of any person who shall violate any of the said provision. b Qualifying Circumstance – if the land involved is part of the public domain. manager. or sold to a minor who is allowed to use the same in such place. apparatus or any paraphernalia fit or intended for smoking. injected or used a prohibited drug. a Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State. the maximum of the penalty shall be imposed. arrest. vessel. the partner. or aircraft as an instrument in the importation. supervisors and teachers shall be deemed to be persons in authority and. Dentist. Failure to keep records of prescription. dive or resort for prohibited drugs d Manufacture of dangerous drugs e Cultivation or culture of plants which are sources of prohibited drugs Other persons liable: a If the violation of the Act is committed by a partnership. constitute sufficient cause for disciplinary action. vessel. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. For the purpose of enforcing the provisions of this Act. delivery. Retailer Unlawful prescription of prohibited/regulated drugs Unnecessary prescription of prohibited/regulated drugs Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. or consents to the use of a vehicle. b Partner. or beyond such immediate vicinity of they are in attendance in any school or class function in their official capacity as school heads. administering. Cultivation of plants which are sources of prohibited drugs.• • • • • • • • • Qualifying Circumstance – where a prohibited/regulated drug is administered. III. Manufacture of prohibited/regulated drugs.

000 to 10M apply when: Opium 40 grams up Morphine 40 grams up Shabu 200 grams up Heroin 40 grams up Indian hemp 750 grams up MJ resin 50 grams up Cocaine 40 grams up Other drugs Quantity far beyond therapeutic requirement (if quantity is less than prescribed – penalty is PC to RP depending upon the quantity) e RA 7659 – PD 1619 – Possession and Use of Volatile Substances 1. h. conspiracy to sell. of his parent guardian or relative may. he should escape again. If. he shall be prosecuted for such violation.• a. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. case shall be dismissed upon expiration of the designated period. used prohibited drugs d Drug penalties of Reclusion Perpetua to Death or a fine of Php 500. import – already a crime under Article 8 f Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. the penalty thereof shall be deemed to have been served in the center upon his release therefrom. court shall pronounce judgement of conviction and he shall serve sentence. treatment and rehabilitation by the drug dependent himself or through his parent. administered himself. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. UNLESS: owner can prove that he had no knowledge of the cultivation despite due diligence b If land is part of the public domain – maximum penalty imposed c Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor has smoked. indicate that he shall be given full credit for the period he was confined in the center. import – already a crime under Article 6 2. b. shall suspend all further proceedings and transmit records of the case to the Board. e. After his rehabilitation. c. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. 2. greenhouse on which any of the plants is cultivated – confiscated and escheated to the State. the judgement shall. to be a drug dependent. Notes: a Cultivation of plants – Sec 9 – land. Requisites of suspension of sentence for first offense in a minor: 1. he may submit himself for confinement within 1 week from the date of his escape. Voluntary submission of a drug dependent to confinement. d. Poseur buyer – it depends on whether the prosecution can prove the crime without their testimonies (P v. In case of conviction. mere attempt to sell. if the accused is certified by the treatment and rehabilitation center to have maintained good behavior. f. within the same period surrender him for confinement. Should the drug dependent escape from the center. the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings. guardian or relative within the 4 th civil degree of consanguinity or affinity. deliver. Rosalinda Ramos) 29 . NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist. If prosecution can prove the crime without presenting the informer or asset – not necessary because their testimonies are merely corroborative. Abedes) g Absence of ultraviolet power is not fatal in the prosecution h Transportation/importation of MJ – immaterial whether there may or may not be a distinction for the MJ i Distinguish Entrapment and Instigation: 1. portions of land. subsequent to such recommitment. the fiscal or court as the case may be. consumed. g. Upon application of the Board.  In case of violation of conditions of pardon.  Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board.  If accused did not violate conditions of probation.

game-fixing or point shaving and machinations in sports contests (PD 438) 3. deceitful. unfair or dishonest means. scheme or agreement by which the result of any game. Illegal cockfighting (PD 449) 2. Game-fixing: any arrangement. But the moment the fact of sale or delivery is proved by prosecution. the burden to prove that the accused is not aware that drugs are prohibited falls on the defense (P v. scheme or agreement by which the skill or ability of any player or participant in a fame. 5. races and other sports contests. j Planting evidence – to implicate another k Buy Bust Operation – form of entrapment ( P v. COCKFIGHTING LAW OF 1974 PD 449 30 . or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants. 483 and 1602 as amended) 1. 15-a 1. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and malversation under RPC. races or sports contest. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORTS CONTESTS PD 483 • Acts Punishable: a. races. c. combination.2. Aranda) 4. player or participant. Game Machination: any other fraudulent. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or delivering was prohibited drug. P v. Anthony Belgar) 3. Carlos Franca) l Possession – constructive or actual – not necessary to adduce the marked money as evidence (P v. Betting: Betting money or any object or article of value of representative value upon the result of any game. races. method. place on probation for 6 months to 1 year  violation of probation – pronounce sentence – convict and serve sentence  no violation – discharge him and dismiss the proceeding  if minor is drug dependent – commit to a center for treatment and rehabilitation TITLE SIX I. P v. Alberto) – not necessary to have prior police surveillance (P v. or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team. special aggravating circumstance if a crime has been committed while the accused was high on drugs (P v. d. Hilario Moscaling – court may take judicial notice of the word “shabu” 6. officers or found guilty of planting evidences – same penalty 3. Romeo Macara) m Separate crimes – sale/possession of MT found in his possession after he was frisked but he can’t be convicted for possession of MJ that he sold n If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4. If imposable penalty: RP to death – no plea bargaining 2. First offense of a minor – suspension of sentence  under 18 at time of commission but not more than 21 at time when judgment was promulgated  found guilty of possession or use of prohibited or regulated drugs  not been previously convicted of violating any provision of this Act or the RPC  not been placed on probation  defer sentence. 15. employees. b. manner or practice employed for the purpose of influencing the result of any game. Under the RA. Point-shaving: any such arrangement combination. Betting. If offender: government official. CRIMES AGAINST PUBLIC MORALS GAMBLING (195-99 repealed by PDs 449. Illegal gambling PENALIZING BETTING. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense 5.

Act is highly scandalous as offending against decency or good customs c. agricultural. II. carnival or exposition for a similar period of 3 days upon resolution of the province. E. During provincial. within a year to a province. F.I. give rise to public scandal to persons who have accidentally witnessed the acts • Decency: means properly observing the requirements of modesty. city or municipality. or 2. it may occur even in a private place. They are committed publicly and thus. Offender performs an act b. For public knowledge. Only one cockpit shall be allowed in each city or municipality with a population of 100. Election Day and during registration days for such election/referendum. city or municipality where such fair. for a period not exceeding 3 days. it is sufficient if in public place. Rules: A.November 30. June 12. city or municipal council. (The public view is not required. Scope – This law shall govern the establishment. Limitations: This privilege shall be extended for only one time. subject to the approval of the Chief of Constabulary or his authorized representative. carnival or exposition is to be held. B. Limitations: a) No cockfighting on the occasion of such fair. Good Friday. • Grave scandal: consists of acts which are offensive to decency and good customs. b) No cockfighting shall be held on December 30. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own. or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board. D. When allowed: 1. II. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits. in licensed cockpits or in playgrounds or parks. 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. 3. the number of people who sees it is not material). Highly scandalous conduct does not expressly fall within any other article of the RPC d.000 or less. 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. or for returning balikbayans. operation. maintenance and ownership of cockpits. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days. manage and operated cockpits. If the purpose is for the entertainment of foreign dignitaries or for tourists. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance. carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality. OBSCENE PUBLICATIONS AND EXHIBITIONS: • Persons liable: 31 . good taste etc • Customs: refers to established usage. Committed in a public place or within the public knowledge or view. Article 201 IMMORAL DOCTRINES. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Article 200 • ELEMENTS OF GRAVE SCANDAL: a. commercial or industrial fair. city or municipal. C. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. Holy Thursday.

or b. sculptures or literature which are offensive to morals • 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. Public officer must derive his authority from: b. Persons found loitering around public and semi-public places without visible means of support c. those w/c glorify criminals or condone crimes b. engraving. scenes. good customs. acts or shows ion theaters. those that are contrary to law.refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy) TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Article 203 • WHO ARE PUBLIC OFFICERS: a. • However. b. Persons found loitering in inhabited or uninhabited places belonging to others. Public officers: embraces every public servant from the lowest to the highest rank 32 . Performs public duties as an employee. popular election d. those w/c tend to abet the traffic in and the use of prohibited drugs e. decrees and edicts • Mere nudity in paintings and pictures is not obscene • Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article • Publicity is an essential element Article 202 VAGRANTS AND PROSTITUTES: • Who are considered vagrants: a. distribute. cinemas or any other place f. established policies. agent or subordinate official in the gov’t or any of its branches • Notes: a. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Takes part in the performance of public functions in the Government. c. e. direct provision of law c. public order. appointment by competent authority e. those w/c offend against any race or religion d. published with their knowledge in any form Editors publishing such obscene literature Owners or operators of establishments selling obscene literature Those who exhibit indecent or immoral plays. If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry • Who are considered prostitutes . d. 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. fairs. Art 201 enumerates what are considered as obscene literature or immoral or indecent plays. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich) f. scenes or acts: a.Those who publicly expound or proclaim doctrines that are contrary to public morals Authors of obscene literature. or exhibit prints. Those who sell. lust or pornography c. morals. Idle or dissolute persons lodging in houses of ill-fame e. Persons tramping or wandering around the country or the streets with no visible means of support d. lawful orders. without any lawful or justifiable reason provided the act does not fall within any other article of the RPC Trespass to dwelling Attempted theft Vagrancy a. those w/c serve no other purpose but to satisfy the market for violence.

bribery d. It is not presumed e. That the offender is a judge. That he performs any of the following acts: 1. Due to inexcusable negligence or ignorance • Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice Article 206 • ELEMENTS OF UNJUST INTERLOCUTORY ORDER: a. no. Knowledge that the decision is unjust Notes: a. • Interlocutory order: one issued by the court deciding a collateral or incidental matter. he does not cause (a) the prosecution of the criminal (People vs. That there is a proceeding in his court. That the delay is malicious. Rosales. However. or both c. that is. Nonfeasance: means omission of an act which ought to be done MALFEASANCE AND MISFEASANCE IN OFFICE Malfeasance Misfeasance Nonfeasance • Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal • ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT: a. That the offender is a judge. G. A government laborer is not a public officer. Renders a judgment in a case submitted to him for decision c.R. Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding b. ill-will or revenge 3. That he delays the administration of justice. error (with bad faith) 2. • Mere delay without malice is not punishable Article 208 • ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: a. Offender is a judge b. b. Misfeasance: means improper performance of an act which might be properly be performed h. 33 . 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). Renders a judgment in the case submitted to him for judgment c. Judgment is unjust d. c. Unjust judgment: one which is contrary to law. b. knowing the commission of the crime. There must be evidence that the decision rendered is unjust. Judgment is manifestly unjust d. Malfeasance: means performance of an act which ought not to be done i. That there is dereliction of the duties of his office. Article 205 • ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE: a. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. b. knowingly renders unjust interlocutory order or decree. It is not a final determination of the issues of the action or proceeding Article 207 • ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE: a. d. or to prosecute offenses. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. or not supported by the evidence. or 2. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. temporary performance by a laborer of public functions makes him a public officer g. An unjust judgment may result from: 1. that is.f. Offender is a judge b.

• •

• • •

42648) or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) c. That the offender acts with malice and deliberate intent to favor the violator of the law. PREVARICACION: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory Article not applicable to revenue officers

Article 209 • ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT): a. Causing damage to client (prejudice is essential) either 1. by any malicious breach of professional duty, or 2. by inexcusable negligence or ignorance. b. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary) c. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent (damage not necessary) Article 210 • ELEMENTS OF DIRECT BRIBERY: a. That the offender be a public officer within the scope of Art 203 b. That the offender accepts an offer or promise or receives a gift or present by himself or through another c. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) 1. with a view to committing some crime (delivery of consideration is not necessary) or 2. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust (delivery of consideration is necessary), or 3. to refrain from doing something which is his official duty to do d. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties • For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him • Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties • Cannot be frustrated, only attempted or consummated. • Bribery exists when the gift is: a. voluntarily offered by a private person b. solicited by the public officer and voluntarily delivered by the private person c. 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. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, 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. It could be in the form of money, property or services • If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime • The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion Bribery (210)
34

Robbery (294)

When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. Victim parts with his money or property voluntarily.

When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. Victim is deprived of his money or property by force or intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT RA 3019 • Persons Liable: a. Any public officer who shall perform any of the following acts: 1. Persuading, 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, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, 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. 3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given. 4. 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. 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 8. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. b. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene (Sec. 4) c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) d. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t (Sec. 5). This prohibition shall not apply to: 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same line of business;
35

2. Any transaction, contract or application already existing or pending at the time of such assumption of public office; 3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed an official capacity or in the exercise of a profession. e. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. f. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7). II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8) • If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. • Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. • Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan (Sec. 10). IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11). V. Exceptions: 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, shall be excepted from the provisions of this act (Sec. 14). Article 211 • ELEMENTS OF INDIRECT BRIBERY: a. That the offender is a public officer. b. That he accepts gifts. c. That the said gifts are offered to him by reason of his office. • The gift is given in anticipation of future favor from the public officer • There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer • There is no attempted or frustrated indirect bribery • The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office • Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under PD 46. • The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service Article 211-A • ELEMENTS OF QUALIFIED BRIBERY a. Public officer entrusted with law enforcement b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death c. (if lower penalty than stated above, the crime is direct bribery) d. In consideration of any offer, promise or gift
36

b. if the sum is given as a sort of gift or gratification. That the offender makes offers or promises or gives gifts or present to a public officer. under circumstances that will make the public officer liable for direct bribery or indirect bribery • The offender is the giver of the gift or the offeror of the promise. or 2. If sums are received without demanding the same. That he takes advantage of his official position. c. The public officer must act in his official capacity b. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. Mere demand of a larger or different amount is sufficient to consummate the crime.Article 212 • ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS: a. by way of payment or otherwise. the crime is indirect bribery c. b. That the accused had intent to defraud the government. When there is deceit in demanding larger fees. May be complexed with malversation e. d. as provided by law. licenses. that is. That he commits any of the frauds or deceits enumerated in art. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Article 213 • ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. things or objects of a nature different from that provided by law. b. the information and testimony are not yet in the possession of the State d. Collecting or receiving. failing voluntarily to issue a receipt. a felony under this article is not committed. He is guilty of any of the following acts or omissions: 1. That the offers or promises are made or the gifts or presents given to a public officer. However. 1) a. • Notes: a. Officers and employees of the BIR or Customs are not covered by the article f. or 3. demanding. the crime committed is estafa d. fees and other imposts. The act may or may not be accomplished • Under PD 749. That the offender is a public officer. c. 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. for any sum of money collected by him officially. That he should have taken advantage of his office. directly or indirectly the payment of sums different from or larger than those authorized by law. 315 and 316. necessity of the information or testimony c. directly or indirectly. information refers to consummated violations b. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government • ELEMENTS OF ILLEGAL EXACTIONS: a. The NIRC of Administrative Code is the applicable law • Article 214 • ELEMENTS OF OTHER FRAUDS: a. (estafa. or (c) the adjustment or settlement of account relating to a public property or funds. The essence is the improper collection (damage to gov’t is not required) b. That the offender be a public officer. informant has been previously convicted of a crime involving moral turpitude • See the Anti-graft and Corrupt Practices Act II. The offender is a public officer entrusted with the collection of taxes. swindling) • Note: RTC has jurisdiction over the offense because the principal penalty is disqualification Article 215 • ELEMENTS OF PROHIBITED TRANSACTIONS: 37 . he intervened in the transaction in his official capacity. information and testimony can be corroborated on its material points e. b. Notes: a.

and/or business associates by any combination or series of the following means or similar schemes: A. accumulates. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. relatives by affinity or consanguinity. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. B. nominees. 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 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080 I. Public officer – in any contract or business in which it is his official duty to intervene. II. E. property. c. Through misappropriation. By taking undue advantage of official position. Notes: a. That he becomes interested. agents. However. commodities. Experts. c. d. agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries. b. That the offender is an appointive public officer. shall be guilty of the crime of plunder (as amended by RA 7659). By receiving. in any transaction of exchange or speculation. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval.• a. regularly buying securities for resale is speculation Article 216 POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER : • Who are liable: a. Any public officer who. By establishing agricultural. Actual fraud is not necessary. B. That he becomes interested in the transaction during his incumbency. F. misuse or malversation of public funds or raids on the public treasury. directly or indirectly. Examples of transactions of exchange or speculation are: buying and selling stocks. That the transaction takes place within the territory subject to his jurisdiction. and/or implementation of decrees and orders intended to benefit particular persons or special interests. b. industrial or commercial monopolies or other combinations. authority. Definition of Ill-gotten wealth: Any asset. land etc wherein one hopes to take advantage of an expected rise or fall in price b. distribution or adjudication of which they had acted. equity or any other form of interest or participation. connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. relationship. conversion. Guardians and executors – with respect to property belonging to their wards or the estate. by himself or in connivance with members of his family. directly or indirectly. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. including the promise of future employment in any business enterprise or undertaking. D. Any person who participated with the said public officer in the commission of plunder. or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under (I) in the aggregate amount or total value of at least 50 million pesos. subordinates. IV. business enterprise or material possession of any person acquired by him directly or indirectly through dummies. receiving or accepting. Persons Liable: A. b. business associates and subordinates or other persons. • Notes: a. percentage. share. amasses. any commission. . directly or indirectly. By obtaining. gift. any shares of stock. Rule of Evidence: 38 III. C. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan.

laches or estoppel. However. 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. the presumption does not arise • Returning the embezzled funds is not exempting. III. 39 .For purposes of establishing the crime of plunder. and he immediately pays the amount from his pocket. That he: 1. he cannot be held liable under this article • Private individuals can also be held liable for malversation under 2 circumstances: a. 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. Prescription of Crime: The crime of plunder shall prescribe in 20 years. Took or misappropriated them 3. the accountable officer is notified. That those funds or property were public funds or property (even if private funds if attached. revenues or property in any capacity • In malversation through negligence. Estafa with Abuse of Confidence (315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating. (it is not necessary that the offender profited thereby. accumulate or acquire ill-gotten wealth. when they are in conspiracy with public officers. His being remiss in the duty of safekeeping public funds violates the trust reposed) • Malversation is otherwise called embezzlement • It can be committed either with malice or through negligence or imprudence • In determining whether the offender is a public officer. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Article 217 • ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : a. what is controlling is the nature of his office and not the designation • The funds or property must be received in an official capacity. when they have charge of national. 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. 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 Malversation (217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by approaching. and b. shall be prima facie evidence that he has put such missing funds or property to personal use. 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. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. Otherwise. Consented or. seized. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. if at the very moment when the shortage is discovered. Appropriated the funds or property 2. V. That he had the custody or control of funds or property (if not accountable for the funds. by any authorized officer. through abandonment or negligence. or the obligation to account for them. the crime committed is estafa • When a public officer has official custody or the duty to collect or receive funds due the government. permitted any other person to take such public funds or property. However. theft or qualified theft) c. provincial or municipal funds. deposited or commingled with public funds) d. the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass.

seized or deposited by public authority. c. That he fails to do so for a period of two months after such accounts should be rendered. INFIDELITY OF PUBLIC OFFICERS Article 223 • ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION a. • Note: Demand and misappropriation are not necessary Article 219 • ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY : a. c. c. make payment from such funds 2. That he is charged with the conveyance or custody of a prisoner. or misappropriating/consenting. b. Offender has gov’t funds or property in his possession b. That the offender is a public officer. c. d. That he must be an accountable officer for public funds property. either detention prisoner or prisoner by final judgment. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. That he was in connivance with the prisoner in the latter’s escape 40 . in any capacity. That the offender is a public officer. b. or property b. whether in the service or separated therefrom. have charge of any national. Administrator or depositary of funds or property that has been attached. He is under obligation to either: 1. He maliciously fails or refuses to do so • Note: Penalty is based on value of funds/property to be delivered Article 222 • PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221 a. revenue. That there is public fund or property under his administration. b. • Note: The act of leaving the Philippines must be unauthorized or not permitted by law Article 220 • ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation): a. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. d. goods or other personal property permitting any other person to take the public funds/property Article 218 • ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS : a. That such prisoner escaped from his custody d. That he is required by law or regulation to render accounts to the commission on audit. the offender does not derive any personal gain. or denying having received through abandonment or negligence. • To distinguish this article with Art 217. That the offender is a public officer (on duty). b. to deliver property in his custody or administration when ordered by competent authority 3. provincial or municipal funds. That he must be an accountable officer for public funds or property. or to a provincial auditor. even if owned by a private individual • Sheriffs and receivers fall under the term “administrator” • A judicial administrator in charge of settling the estate of the deceased is not covered by the article IV.taking. That such public fund or property has been appropriated by law or ordinance (without this. Private individual who. just remember that in illegal use of public funds or property. the funds are merely devoted to some other public use • Absence of damage is only a mitigating circumstance Article 221 • ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY a. or converting. money. That the offender is a public officer. it is simple malversation even if applied to other public purpose).

either detention prisoner or prisoner by final judgment. That the prisoner or person under arrest escapes. d. CONCEALMENT. he is liable for evasion of service (art 157) b. promissory notes and paper money • A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers • Removal of a document or paper must be for an illicit purpose. c. b. That the offender consents to the escape of the prisoner or person under arrest. destroys or conceals a document or papers. That the offender is a private person (note: must be on duty) b. he does not incur criminal liability (unless cooperating with the offender). b. c. tamper with it b. pamphlets etc are not documents • “Papers” would include checks. d. That the conveyance or custody of a prisoner or person under arrest is confined to him. if he is a detention prisoner. to commit any act constituting a breech of trust in the official thereof • Removal is consummated upon removal or secreting away of the document from its usual place. c.• • • Detention prisoner: refers to a person in legal custody. to a third party or to the public interest should have been caused. 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 Article 227 41 . That he is charged with the conveyance or custody of a prisoner. There is illicit purpose when the intention of the offender is to: a. That the said document or paper should have been entrusted to such public officer by reason of his office. 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 Article 224 • ELEMENTS OF EVASION THROUGH NEGLIGENCE: a. Penalty based on nature of imprisonment • The article punishes a definite laxity which amounts to deliberate non-performance of a duty • The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation • The liability of an escaping prisoner: a. to profit by it c. That such prisoner escapes through his negligence. whether serious or not. That the offender is a public officer. periodicals. 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. Article 225 • ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER : a. d. That he abstracts. or that the escape takes place through his negligence • Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested Article 226 • ELEMENTS OF REMOVAL. That damage. • The document must be complete and one by which a right could be established or an obligation could be extinguished • Books. if he is a prisoner by final judgment. That the offender be a public officer. OR DESTRUCTION OF DOCUMENTS Infidelity in custody of documents: a.

Damage is essential to the act committed Article 230 • ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL: a. b. c. c. d. f. and the public officer having charge thereof removes and delivers them wrongfully to a third person. That any closed papers. documents or objects.1: BY REASON OF HIS OFFICIAL CAPACITY a. Espionage for the benefit of another State is not contemplated by the article. If the papers contain secrets which should not be published. (damage is essential) • Notes: a. documents. If regarding military secrets or secrets affecting state security. • Note: Damage also not necessary Article 229 REVELATION OF SECRET BY AN OFFICER: • ELEMENTS OF PAR. On the other hand. the crime may be espionage. their removal for an illicit purpose is infidelity in the custody of documents c. That these papers or property are sealed by proper authority. That he delivers those papers or copies thereof to a third person. That damage be caused to public interest. d. d. b. That such judgment. That he opens or permits to be opened said closed papers. That the offender is a judicial or executive officer. That he reveals such secret without authority or justifiable reasons. he is properly liable under Art 209 (betrayal of trust by an attorney) • Damage to private individual is not necessary V. he is not liable under this article b. e. That he is charged with the custody of papers or property. If he is merely entrusted with the papers and not with the custody thereof. if the papers do not contain secrets. That the offender is a public officer b. That the offender is a public officer. great or small. • ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED: a. That there is a judgment. That he does not have proper authority. That he has charge of papers. Secrets of a private individual is not included c. That he knows of the secret of a private individual by reason of his office. decision or order of superior authority. 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. That the offender is a public officer. That the offender is a public officer. be caused to the public interest. • Notes: a. That the delivery is wrongful. • Revelation to one person is sufficient • If the offender is an attorney. That he reveals such secrets without authority or justification reason. damage is presumed Article 228 • ELEMENTS OF OPENING OF CLOSED DOCUMENTS: a. That damage. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Article 231 • ELEMENTS OF OPEN DISOBEDIENCE: a. b. or objects are entrusted to his custody. That the offender is a public officer. c. c. That those papers should not be published. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. Secret must affect public interest b. the crime is revelation of secrets. e. That he knows of a secret by reason of his official capacity. c. c. b. d. That he breaks the seals or permits them to be broken. b.• • • ELEMENTS OF OFFICER BREAKING SEAL : a. “Charge”: means custody or control. 42 .

That the offender is elected by popular election to a public office. c. c. b. That the offender disobeys his superior despite the disapproval of the suspension. that the offender without any legal justification openly refuses to execute the said judgment. b. • Note: Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service Article 235 • ELEMENTS OF MALTREATMENT OF PRISONERS: a. That he maltreats such prisoner in either of the following manners: 1. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. e. or 2. Article 237 • ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS: a. That an order is issued by his superior for execution./or given the bond required by law. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either –  by the imposition of punishments not authorized by the regulations. That the offender is a public officer or employee. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) c. 43 . c. That he has not taken his oath of office and. That his superior disapproves the suspension of the execution of the order. • Involves a request from one public officer to another • Damage to the public interest or third party is essential • Demand is necessary Article 234 • ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE: a. That the law requires that he should first be sworn in and/or should first give a bond. b. That the offender is a public officer. d. That the offender is a public officer.• d. That the offender fails to do so maliciously. That he refuses to be sworn in or discharge the duties of said office. • The public officer must have actual charge of the prisoner in order to be held liable • To be considered a detention prisoner. That the offender is entitled to hold a public office or employment. That the offender is holding a public office. decision or under which he is duty bound to obey. b. either by election or appointment. or  by inflicting such punishments (those authorized) in a cruel and humiliating manner. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. That he assumes the performance of the duties and powers of such office. b. That he has for any reason suspended the execution of such order. • Note: A public officer is not liable if the order of the superior is illegal Article 233 • ELEMENTS OF REFUSAL OF ASSISTANCE: a. c. d. 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 Article 236 • ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE: a. Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required Article 232 • ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER: a. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

separated or declared overaged or dismissed Article 238 • ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION : a. sedition o. b. That the offender is an executive or judicial officer. b. 44 . That the offender is a judge. That he abandons his office to the detriment of the public service. conspiracy to commit sedition p. That the offender is a public officer. inciting to sedition Abandonment of Office or Position (238) Dereliction of Duty (208) There is actual abandonment through Public officer does not abandon his office resignation to evade the discharge of but merely fails to prosecute a violation 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. regulations or special provisions for holding such office has already expired. This involves the following crimes: a. • Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality Article 242 • ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION: a.) obstructs executive authorities in the lawful exercise of their powers. violation of neutrality g. That he continues to exercise the duties and powers of such office.) obstruct the execution of any order decision rendered by any judge within his jurisdiction. The penalty is higher. flight to enemy country i. correspondence with hostile country h. That he (a. Article 240 • ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS: a. misprision of treason d. That his resignation has not yet been accepted. espionage e. That he formally resigns from his position. conspiracy and proposal to commit rebellion l. b. That the offender is a public officer. That he (a. c. conspiracy and proposal to commit conspiracy c. rebellion k. c. disloyalty to public officers m. inciting to rebellion n.) assumes a power pertaining to the executive authorities.) suspends the execution thereof. Note: The article contemplates officers who have been suspended. That the period provided by law. treason b. or (b. the law. That he (a.) makes general rules or regulations beyond the scope of his authority or (b. or (b. piracy and mutiny on the high seas j. That the offender is an officer of the executive branch of the government. b. • Note: Legislative officers are not liable for usurpation of executive functions Article 241 • ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS: a.) attempts to repeal a law or (c. inciting to war or giving motives to reprisals f.) assumes judicial powers. prosecuting or punishing any of the crimes against national security. d.• b. Article 239 • ELEMENTS OF USURPATION OF LEGISLATIVE POWERS: a.

That such woman must be – 1. That there is a question brought before the proper authority regarding his jurisdiction. That a proceeding is pending before such public officer. or child. That he solicits or makes immoral or indecent advances to a woman. the offense is infanticide 5. That a person is killed. That such person lacks the legal qualification therefor.b. or a legitimate other ascendant or other descendant. • Recommending. Notes: 1. The child should not be less than 3 days old. 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. e. A stranger who cooperates in committing parricide is liable for murder or homicide 45 . The relationship of the offender with the victim is the essential element of the felony 2. That the offender is an executive officer. That he nominates or appoints a person to a public office. interested in matters pending before the offender for decision. c. d. On the other hand. That he continues the proceeding. The other ascendant or descendant must be legitimate. • Note: Legislative or judicial officers are not liable under this article Article 244 • ELEMENTS OF UNLAWFUL APPOINTMENTS: a. ELEMENTS OF PARRICIDE: (246) 1. That he has been lawfully required to refrain from continuing the proceeding. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. or with respect to which he is required to submit a report to or consult with a superior officer. mother. That the deceased is the father. sister or relative within the same degree by affinity of the person in the custody of the offender • 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 TITLE EIGHT I. CRIMES AGAINST PERSONS DESTRUCTION OF LIFE A. That the offender is a public officer. knowing that the person recommended is not qualified is not a crime • There must be a law providing for the qualifications of a person to be nominated or appointed to a public office Article 245 • ELEMENTS OF ABUSES AGAINST CHASTITY: a. That the addresses any order or suggestion to any judicial authority. c. 2. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. c. or 3. the father. which is not yet decided. b. Article 243 • ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY: a. 3. or the legitimate spouse of the accused. mother or child may be legitimate or illegitimate 4. Otherwise. Parents and children are not included in the term “ascendants” or “descendants” 3. b. daughter. c. That the offender is a public officer. whether legitimate or illegitimate. d. or 2. Relationship must be alleged 6. the wife. b. That the deceased is killed by the accused.

2. However. explosion. with treachery. Any of the qualifying circumstances must be alleged in the information. or that he has not consented to the infidelity of the other spouse. The killing is not parricide or infanticide. poison. That the accused killed him. in case third persons caught in the crossfire suffer physical injuries. he is still liable for parricide because the law does not require knowledge of the relationship B. shipwreck. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. fire. 2. 4. Notes: 1. That the accused had the intention to kill. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. taking advantage of superior strength. Hence. 3. it would be attempted or frustrated murder 2. They cannot be considered as generic aggravating circumstances 3. That a person was killed. Otherwise. it is enough that circumstances reasonably show that the carnal act is being committed or has been committed 6. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony C. stranding of vessel. That a person was killed. Even if the offender did not know that the person he had killed is his son. by means of inundation. Treachery and premeditation are inherent in murder with the use of poison D. The victim must be killed in order to consummate the offense. Notes: 1. by means of motor vehicles or with the use of any other means involving great waste or ruin d. That the killing was not attended by any of the qualifying circumstances of murder. epidemic or any other public calamity e. Moreover. 3. Article does not define or penalize a felony 2. Article applies only when the daughter is single 4. That the accused killed him without any justifying circumstances. derailment or assault upon a street car or locomotive. Not necessary that the parent be legitimate 3. Otherwise. with cruelty. That the killing was attended by any of the following qualifying circumstances a. No criminal liability is incurred when less serious or slight physical injuries are inflicted. ELEMENTS OF HOMICIDE: (249) 1. with the aid or armed men. Intent to kill is conclusively presumed when death resulted. ELEMENTS OF MURDER: (248) 1. pursuit and the killing must all form parts of one continuous act 8. in consideration of price. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites: 1. 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 3. which is presumed. or employing means to weaken the defense or of means or persons to insure or afford impunity b. they will only be considered as generic aggravating circumstances 4. destructive cyclone. evidence of intent to kill is required only in attempted or frustrated homicide 2. The killing must be the direct by-product of the rage of the accused 9.7. He has not promoted or facilitated the prostitution of his wife or daughter. Immediately thereafter: means that the discovery. fall of airship. the accused is not liable. Sexual intercourse does not include preparatory acts 7. The other circumstances are absorbed or included in one qualifying circumstance. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. on occasion of any of the calamities enumerated in the preceding paragraph. eruption of a volcano. or by that of parricide or infanticide. or of an earthquake. escape. Surprise: means to come upon suddenly or unexpectedly 5. Murder will exist with only one of the circumstances. Notes: 1. There is no crime of frustrated homicide through negligence 46 . reward or promise c. with evident premeditation f.

even if they were not in conspiracy. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252) 1. ELEMENTS OF DISCHARGE OF FIREARMS: (254) 1. if it is not known who inflicted serious physical injuries on the deceased. 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 J. That the deceased child was less than three days (72 hours) of age. 3. That all those who appear to have used violence upon the person of the offended party are known. is not liable for abortion 3. The offender must shoot at another with any firearm without intention of killing him. When there are 2 identified groups of men who assaulted each other. the act is not punished under this article 2. each one of them is guilty of homicide 4. not knowing in what part of the house the people were. 47 . Notes: 1. that the offender discharges a firearm against or at another person. 3. ELEMENTS OF INFANTICIDE: (255) 1. In this case. PENALTY FOR FRUSTRATED PARRICIDE. 2. When the wounds that caused death were inflicted by 2 different persons. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards 5. 2. A discharge towards the house of the victim is not discharge of firearm. In all crimes against persons in which the death of the victim is an element. Persons liable are: a. Euthanasia/mk is the practice of painlessly putting to death a person suffering from some incurable disease. there is no tumultuous affray 3. it is only alarm under art 155. On the other hand. That a child was killed. whether the suicide is consummated or not 2. that there is a tumultuous affray as referred to in the preceding article. person/s who inflicted serious physical injuries b.GIVING ASSISTANCE TO SUICIDE: (253) • Acts punishable: 1. That someone was killed in the course of the affray. That the offender has no intention to kill that person. 4. A person who attempts to commit suicide is not criminally liable 2. 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself • Notes: 1. Assisting another to commit suicide. 4. That there be several persons. all persons who used violence upon the person of the victim G. the person does not want to die. Penalty is mitigated if suicide is not successful I. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim E.3. Usually. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. • Notes: 1. the fetus in her womb was expelled. Assistance to suicide is different from mercy-killing. 3. 2. A doctor who resorts to euthanasia may be held liable for murder 4. A pregnant woman who tried to commit suicide by means of poison but instead of dying. Tumultuous affray exists hen at least 4 persons take part in it 2. 5. H. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251) 1. If the firearm is not discharged at a person. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. that the person responsible therefor cannot be identified. 6. the purpose of the offender is only to intimidate or frighten the offended party 4. That it cannot be ascertained who actually killed the deceased. MURDER OR HOMICIDE (250) F. That the person or persons who inflicted serious physical injuries or who used violence can be identified. firing a gun against the house of the offended party at random.

either in the womb or after having been expelled therefrom. Notes: 1. the proper qualification for the offense is infanticide 2. the penalty is that for murder.3. 2. mother or legitimate ascendant. Notes: 1. such fact is only mitigating 3. the fetus dies. That the offender. If the pharmacist knew that the abortive would be used to cause abortion and abortion results. 3. any other person. That there is a pregnant woman. In either case. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. Killing one’s adversary in a duel 2. 3. If there is no intention to cause abortion and neither was violence exerted. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS: (258) 1. with her consent for the purpose of concealing her dishonor. 3. If the offender is any other person. L. That as a result of the violence that fetus dies. Notes: 1. Unintentional abortion can also be committed through negligence 2. either in the womb or after having been expelled therefrom. there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor 2. Inflicting upon the adversary serious physical injuries 3. ELEMENTS OF UNINTENTIONAL ABORTION: (257) 1. That violence is exerted. What is punished is the act of dispensing an abortive without the proper prescription. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260) Acts punished: 1. she is not entitled to a lesser penalty because she has no honor to conceal 4. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. However. That said physician or midwife takes advantage of his or her scientific knowledge or skill. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. he is liable as an accomplice O. That the violence is intentionally exerted. The accused can only be held liable if he knew that the woman was pregnant 3. any of her parents. 4. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. the pregnant woman herself b. That the accused killed the said child. he shall suffer the penalty prescribed for parricide. Making a combat although no physical injuries have been inflicted 48 . That there is a pregnant woman who has suffered an abortion. if she is a prostitute. or although born alive it could not sustain an independent life when it was killed K. It is not necessary that the abortive be actually used 2. That the abortion is intended. That there is a pregnant woman who has suffered an abortion. or c. That as a result of the use of violence or drugs or beverages upon her. That the abortion is intended. That the abortion is intended. 2. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES: (259) 1. Hence. This is not so for art 258 N. or drugs or beverages administered. That violence is used upon such pregnant woman without intending an abortion. with her consent. arts 256 and 257 does not apply M. 3. Notes: 1. 2. causes or assists in causing the abortion. 4. who must be a physician or midwife. 4. or that the accused otherwise acts upon such pregnant woman. In infanticide. There is no infanticide when the child was born dead. That the abortion is caused by – a. or any other act of the accused. ELEMENTS OF INTENTIONAL ABORTION: (256) 1. 2. When the offender is the father. That there is a pregnant woman.

There must be no intent to kill 3. SERIOUS PHYSICAL INJURIES: (263) How Committed 1. the penalty is the same as that for homicide P. loses any other member of his body c. Injured person – a. Otherwise. Wounding 2. Injured person becomes insane. foot. loses the use of speech or the power to hear or to smell. Inciting another to give or accept a challenge to a duel 3. Mere weakness in vision is not contemplated 5. who make the selection of arms and fix all the other conditions of the fight 2. Challenger 2. Assaulting 4. Principals – person who killed or inflicted physical injuries upon his adversary. imbecile. If death results. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. or both combatants in any other cases 2.Persons liable: 1. becomes deformed b. CHALLENGING TO A DUEL: (261) Acts punishable: 1. impotent or blind 2. Intentionally making another mutilation. Loss of use of hand or incapacity of usual work in par 2 must be permanent 49 . Otherwise. a hand. loses the use of any such member c. Mayhem: refers to any other intentional mutilation B. clipping off any part of the body of the offended party. i. to deprive him of that part of the body Elements: 1. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) Notes: 1. Loss of power to hear must involve both ears. mutilation of organs necessary for generation 2. other than the essential organ for reproduction. Instigators II. Intentionally mutilating another by depriving him. MUTILATION: (262) Kinds of Mutilation 1.e. loses an eye. In the first kind of mutilation. Accomplices – as seconds Notes: 1. PHYSICAL INJURIES A. of some essential organ for reproduction 2. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. arm or leg b. the castration must be made purposely. Injured person – a. it will be considered as serious physical injuries under par 3 6. Blindness requires lost of vision in both eyes. Administering injurious substances What are serious physical injuries: 1. Beating 3. Impotent should include inability to copulate and sterility 4. 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. Mutilation is caused purposely and deliberately Notes: 1. There be a castration i. totally or partially. Challenging another to a duel 2. it will be considered as mutilation of the second kind 2. Serious physical injuries may be committed through reckless imprudence or simple imprudence 2. loses the use thereof d.e. lopping. becomes incapacitated for the work in which he had been habitually engaged 3.

there must be evidence of the length of that period. Otherwise. the injured party must have an avocation at the time of the injury. RAPE (ART 355) 50 . or needs medical attendance for the same period of time 2. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body 14. the offense will only be considered as slight physical injuries 18. Loss of the index and middle fingers is either a deformity or loss of a member. Thus. covers any other member which is not a principal part of the body. all that is required is illness or incapacity. guardians. However. Under par 4.7. permanent and definite abnormality. Deformity: means physical ugliness. 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. The loss of 3 incisors is a visible deformity. It must be conspicuous and visible. SLIGHT PHYSICAL INJURIES: (266) 3 Kinds: 1. Par 2 refers to principal members of the body. If the injury would require medical attendance for more than 30 days. That the offender inflicted upon another person any serious physical injury 2. Circumstances qualifying the offense: a. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time 15. There is no incapacity if the injured party could still engage in his work although less effectively than before 19. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265) 1. Loss of both outer ears constitutes deformity and also loss of the power to hear. thus throwing of the acid in the face is not contemplated D. when there is manifest intent to insult or offend the injured person b. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days). In determining incapacity. it would not be conspicuous and visible 9. He had no intent to kill Notes: 1. a front tooth is considered as a member of the body. That the physical injuries must not be those described in the preceding articles Notes: 1. provided the crime is not direct assault 2. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries C. curators or teachers d. not a principal one of his body or use of the same 13. Meanwhile. ascendants. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. Par 3 on the other hand. Loss of one incisor is not. It is frustrated murder when there is intent to kill 2. Work: includes studies or preparation for a profession 17. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264) 1. Black-eye) 3. However. not medical attendance 16. when there are circumstances adding ignominy to the offense c. In this respect. Not curable by natural means or by nature. if the scar is usually covered by a dress. slapping but without causing dishonor) F. the illness of the offended party may be considered as lasting more than 30 days. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. other than a principal member 8. Ill-treatment of another by deed without causing any injury (ex. loss of the lobule of the ear is only a deformity 12. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. when the victim is a person of rank or person in authority. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature 11. when the victim is either the offender’s parents. Administering means introducing into the body the substance. loss of one tooth which impaired appearance is a deformity 10. It falls under this article even if there was no incapacity but the medical treatment was for 13 days E.

his penis into another person’s mouth or anal orifice. the rape is attempted and a homicide is committed by reason or on the occasion thereof 3. member of the AFP. reclusion perpetua 2. or b. mandatory death TITLE NINE CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 51 I. By a man who have carnal knowledge of a woman under any of the following circumstances: a. into the genital or anal orifice of another person Rape committed under par 1 is punishable by: 1. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above Notes: 1. by means of fraudulent machination or grave abuse of authority d. homicide is committed b. victim became insane by reason or on the occasion of rape b. shall commit an ac of sexual assault by inserting a. parent ii. statutory rape c. by two or more persons 3. or any law enforcement agency or penal institution.g. parent etc). parent or any of the children or other relatives within the 3rd degree of consanguinity e. mandatory death b. when the offender took advantage of his position to facilitate the commission of the crime i. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim h. common law spouse of parent of victim c. The underscored words are the amendments provided by RA 8353 2. victim suffered permanent physical mutilation or disability j. less than 18 yrs old and there is relationship (e. By any person who. reclusion temporal – when the victim has become insane 4. Dividing age in rape: a. when the offender knew of the mental disability. under the custody of the police or military authorities or any law enforcement or penal institution d. emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime Rape committed under par 2 is punishable by: 1. through force. guardian v. threat or intimidation b. reclusion perpetua – homicide is committed by reason or on occasion of rape 6. use of deadly weapon or b. the offender knew of the pregnancy of the offended party at the time of the commission of the crime. victim under 18 years and offender is: i. a child below 7 years old g. under any of the circumstances mentioned in par 1 hereof. when the offended party is under 12 years of age or is demented. reclusion perpetua to DEATH when a. prision mayor 2. or para-military units thereof. less than 12 yrs old. or the PNP. DEATH when a. ascendant iii. . when the offended party is deprived of reason or otherwise unconscious c. any instrument or object. even though none of the circumstances mentioned above be present 2. less than 7 yrs old. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime f. relative by consanguinity or affinity with the 3rd civil degree or vi. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed 5. prision mayor to reclusion temporal a. offender.The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3 Elements: Rape is committed 1. and k. step-parent iv. committed in full view of the spouse.

without having attained the purpose intended and c. Offender is a private individual 2.that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN A MINOR: (270) 1. He kidnaps or detains another. so either a public officer or private individual 2. that the person kidnapped or detained is a minor (except if parent is the offender). In art 125. 2. the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here. Offender is any person. That the offender induces a minor to abandon such home Notes: 1. In art 125. that it is committed simulating public authority c. ELEMENTS OF SLAVERY: (272) 1. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268) 1. ELEMENTS OF UNLAWFUL ARREST: (269) 1. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267 Note: Privileged mitigating circumstances: If the offender: a. The act of detention or kidnapping must be illegal 4. That the purpose of the offender is to deliver him to the proper authorities 3. 52 . the detention is for some legal ground while here. That the purpose of the offender is to enslave such human being. committed with criminal intent and determined by a will to cause damage 2. That he deliberately fails to restore the said minor to his parents E. That the offender arrests or detains another person 2. Inducement must be actual. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned are present in the commission of the offense (even if none of the circumstances are present) b. He kidnaps or detains another or in any other maner deprives him pof his liberty / furnished place for the perpetuation of the crime 3. Sells. That in the commission of the offense. That the offender is entrusted with the custody of a minor person (whether over or under 7 but less than 18 yrs old) 2. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. or in any other manner deprives the latter of his liberty 3. That the act of detention or kidnapping must be illegal 4. That the offender purchases. Refers to warrantless arrests 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor Notes: 1.A. Minor should not leave his home of his own free will 3. the detention is not authorized by law 4. Offender is a private person 2. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS HOME: (271) 1. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL DETENTION: (267) 1. female or a public officer Note: When death penalty is imposed: a. or d. kidnaps or detains a human being. the arrest is not authorized by law D. that the he kidnapping/detention lasts for more than 3 days b. any of the following circumstances are present (becomes serious) a. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody 2. before the institution of criminal proceedings against him C. Mitigating if by father or mother F.

That it is against the debtor’s will. 2. b. unless punishable by a more serious offense 2. deliberate. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or. That it is against the will of the minor. the proper authorities have not consented to it. G. That the offender has charged of the rearing or education of a minor. c. II. 3. permanent. CRIMES AGAINST SECURITY A. 2. in the absence of that one. By failing to deliver a child. ELEMENTS OF SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT: (274) 1. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273) 1. c. By failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. or if the one who entrusted such child to the offender is absent. That he delivers said minor to a public institution or other persons. That place is not inhabited. guardian or person entrusted with the custody of such minor. either as household servant or farm laborer. By neglecting his (offender’s) children by not giving them education which their station in life requires and financial condition permits Elements: a. 2. That the offender compels a debtor to work for him. Conscious. 3. 53 . the penalty is higher G. 3. b. That he has no intent to kill the child when the latter is abandoned. ELEMENTS OF ABANDONING A MINOR: (276) 1. That his station in life requires such education and his financial condition permits it. d. 2. under 7 whom the offender has found abandoned. The accused fails to render assistance. That the purpose is to require or enforce the payment of a debt. when the death of the minor resulted from such abandonment b. 2. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY. Notes: 1. c. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying. when he can render such assistance without detriment to himself. The accused can render assistance without detriment to himself.Note: Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). if the life of the minor was in danger because of the abandonment C. INDIFFERENCE OF PARENTS: (277) Acts punished: 1. The accused found there a person wounded or in danger of dying. to the authorities or to his family. That the one who entrusted such child to the offender has not consented to such act. without the consent of the proper authorities Elements: a. Qualifying circumstances: a. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant. or by failing to take him to a safe place B. That the child is under seven years of age. unless such omission shall constitute a more serious offense Elements a. That the offender retains a minor in his service. That the offender is a parent. b. That he neglects his children by not giving them education. That he abandons such child. 4. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM: (275) Acts punishable: 1. That the offender has the custody of a child.

or upon that of the latter’s family. d. entrance is for the purpose of preventing harm to himself. diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price. honor or property or that of his family of any wrong amounting to a crime. or wild-animal tamer or circus manager or engaged in a similar calling 3. That the offender enters the closed premises or the fenced estate of another. That the offender is a private person. That such entrance is against the latter’s will. 3. That the offender threatens another person with the infliction upon the latter’s person. even though not unlawful. 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. he had no intent to kill any person inside. That the trespasser has not secured the permission of the owner or the caretaker thereof. That the prohibition to enter be manifest. c. honor or property. 2. the offender being an ascendant. When there is no overt act of the crime intended to be committed. purpose is to render some service to humanity or justice c. 2. Medina case: when the accused entered the dwelling through the window. b. That the entrance is made while either of them is uninhabited. the threat not being subject to a condition (Note: threat is without condition) 54 . ELEMENTS OF TRESPASS TO DWELLING: (280) 1. gymnast. 2.D. That the offender attains his purpose. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph. Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window 4. Not applicable to: a. E. By threatening another with the infliction upon his person. physical strength or contortion. 4. ELEMENTS OF EXPLOITATION OF MINORS: (278) Acts punished: 1. That such wrong amounts to a crime. teacher or person entrusted in any capacity with the care of such child 5. the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide G. Notes: 1. compensation or promise. That he enters the dwelling of another. guardians. That there is a demand for money or that any other condition is imposed. rope-walker. rope-walker. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279) F. 3. even though not unlawful and the offender (Note: threat is with condition) Elements a. By threatening another with the infliction upon his person. the penalty is higher. place is a café. diver. May be committed even by the owner (as against the actual occupant) 7. By causing any boy or girl under 16 to perform any dangerous feat of balancing. the offender being engaged in any of said callings 4. the penalty is higher 2. the occupants or a third person b. By making such threat without the offender attaining his purpose 3. Qualifying circumstance: if the offense is committed by means of violence or intimidation. this is the crime 6. ELEMENTS OF OTHER FORMS OF TRESPASS: (281) 1. the offender being any person Note: Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat. H. honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition. tavern etc while open 8. guardian. Prohibition is not necessary when violence or intimidation is employed by the offender 5. the offender being any person 2. GRAVE THREATS WHERE OFFENDER ATTAINED HIS PURPOSE: (282) Acts punishable: 1. By 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. There must be an opposition to the entry of the accused 3. By inducing any child under 16 to abandon the home of its ascendants. but the intention to kill came to his mind when he was being arrested by the occupants thereof. of any wrong.

ELEMENTS OF LIGHT THREATS: (283) 1. That he or such firm or corporation has employed laborers or employees. In the heat of anger. (only in these offenses) 2. III. 3. Frustrated – if not received by the person being threatened 3. or. 2 1. BOND FOR GOOD BEHAVIOR: (284) K. ELEMENTS OF OTHER LIGHT THREATS: (285) 1. L. Person shall threaten another with a weapon. That he forces or compels. 3. ELEMENTS OF GRAVE COERCIONS: (286) 1. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. MAINTENANCE. in other words. That the offender has attained his purpose or. 2. person orally threatens another with some harm constituting a crime. AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS: (289) 1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. That the purpose of the offender is to apply the same to the payment of the debt. 3. strike of laborers or lockout of employees. That there is a demand for money or that other condition is imposed. That the wrong does not constitute a crime. Art 284 bond from good behavior may be imposed (only in these offenses) I. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. That the threat is not subject to a condition Notes: 1. That the person that restrained the will and liberty by another had not the authority of law or the right to do so. or knowingly permits to be forced or compelled. ELEMENTS OF FORMATION. N. That the purpose is to organize. DISCOVERY AND REVELATION OF SECRETS 55 . M. ELEMENTS OF NO. That the offender makes a threat to commit a wrong. The wrong does not amount to a crime J. 1 1. or draw weapon in a quarrel unless in self-defense. be it right or wrong. That the offender threatens another person with the infliction upon the latter’s person. 1. 3. That he seizes anything belonging to his debtor. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. That the offender is any person. O. without persisting in the idea involved in the threat. 2. That a person prevented another from doing something OR not to do something against his will. of any wrong. 3. 4. agent or officer of any association or corporation. 2. that he has not attained his purpose Art 284 bond from good behavior may be imposed Notes: 1. that the restraint shall not be made under authority of law or in the exercise of any lawful right. ELEMENTS OF OTHER SIMILAR COERCIONS: (288) ELEMENTS OF NO. or upon that of the latter’s family. 3. 2. any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. of force as would produce intimidation and control the will. ELEMENTS OF LIGHT COERCIONS: (287) That the offender must be a creditor. even though not unlawful 4. That the offender employs violence or threats. Person orally threatens another with harm not constituting a felony. honor or property. directly or indirectly. Subsequent acts did not persist. That such wrong amounts to a crime. 2. That those tokens or objects are other than the legal tender currency to the Philippines. maintain or prevent coalitions of capital or labor. 2.Elements a. That the prevention or compulsion be effected by violence. c. b. Aggravating circumstances: if made in writing or thru a middleman 2.

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. intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS: (292) 1. the taking of the property is robbery complexed with any of these crimes under art 294. Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person. promises some future harm or injury Grave coercion None Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong) Bribery X has committed a crime and gives 56 Robbery X didn’t commit crime but is intimidated to . That he reveals such secrets. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF OFFICE: (291) 1. 2. legal possession is sufficient 2. General rule: violence or intimidation must be present before the “taking” is complete 11. That the offender is a private individual or even a public officer not in the exercise of his official function. When both violence or intimidation and force upon things concur – it is robbery with violence Robbery with violence Intent to gain Immediate harm Grave threats No intent to gain Intimidation. TITLE TEN I. 2. 3. ELEMENTS OF ROBBERY IN GENERAL: (293) 1. That the offender is a person in charge. the unlawful taking is complete 5. and 4. 4. if given in trust – estafa 4. That the offender is a manager. 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 3. That the offender reveals such secrets. Intent to gain – presumed from unlawful taking 7. 3. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. When there’s no intent to gain but there is violence in the taking – grave coercion 9. even if taking is already complete when violence was used by the offender 12. employee or servant. 3. the penalty is higher B. Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter) 13. 2. CRIMES AGAINST PROPERTY A. That offender is informed of the contents or the papers or letters seized. C. That there is unlawful taking of that property. As to robbery with force upon things – thing must be taken out of the building 6. That he seizes the papers or letters of another. Except: when violence results in – homicide. That there be personal property belonging to another. Notes: 1. 4. Contents need not be secret but purpose prevails 3. rape. or force upon anything. That he learns the secrets of his principal or master in such capacity. Not applicable to parents with respect to minor children 2. employee or workman of a manufacturing or industrial establishment. That there is violence against or intimidation of any person. Notes: 1. That the purpose is to discover the secrets of such another person. Taking of personal property – must be unlawful. 2. ELEMENTS OF DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE: (290) 1. That the prejudice is caused to the owner. Belonging to another – person from whom property was taken need not be the owner. not upon the thing 10. That the taking must be with intent to gain. Taking must not be under the claim of title or ownership 8.A. 3. Violence or intimidation must be against the person of the offended party.

robbery because (a) intent to gain and (b) immediate harm money as way to avoid arrest or prosecution Giving of Php is in one sense voluntary Transaction is voluntary and mutual B. highway or alley and the intimidation is made with the use of firearms. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. defendant demands payment of P2. 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 5. hear. When rape and homicide coexist. eye. 4 and 5 of Art 294 is committed: a. motor vehicle or airship. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSON: (294) Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery. Conspiracy is presumed when 4 or more armed persons committed robbery 6. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. he did not attempt to prevent the assault 3. imbecile. street car. in an uninhabited place or b. or in any manner taking the passengers thereof by surprise in the respective conveyances. 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 2. QUALIFIED ROBBERY WITH VIOLENCE OR INTIMIDATION (295) Notes: 1. More than 3 armed malefactors 2. or d. Art 295 will not apply to: robbery w/ homicide. Can’t be offset by generic mitigating 3. rape or SPI under par 1 of art 263 D. Conspiracy to commit robbery with homicide – even if less than 4 armed men 4. he was a member of the band b. robbery with rape – intent to commit robbery must precede rape. b. special complex crimes (specific penalties prescribed) a. rape should be considered as aggravating only and the crime is still robbery with homicide c. smell. Unless the others attempted to prevent the assault – guilty of robbery by band only E. by entering the passenger’s compartments in a train. arm. Any kind of robbery with less serious physical injuries or slight physical injuries Notes: 1. incapacitated for work habitually engaged in 4. homicide 2. he was present at the commission of a robbery by that band c. ROBBERY BY A BAND: (296) Notes: 1. by a band or c. qualifying circumstances in robbery with violence or intimidation of persons. other members of the band committed an assault d. on a street. Must be alleged in the information 2. or e. > 30 days 5. Liability for the acts of the other members of the band a. by attacking a moving train. the following are committed: 1. 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. SPI – lost the use of speech. road. SPI – insane. foot. the offender shall be punished by the max period of the proper penalties prescribed in art 294 C. use of any such member. robbery accompanied with rape or intentional mutilation. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity. impotent or blind 3. hand. therefore. if any of the offenses defined in subdivisions 3. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE: (297) 57 . 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.deprive him of his property Deprived of Php thru force or intimidation Neither Ex.00 with threats of arrest and prosecution. Prosecution of the crime need not be by offended party – fiscal can sign the information. leg.

E. Not robbery – passing through open door but getting out of a window 10. c. etc. chests. That the offender takes personal property belonging to another with intent to gain. wardrobes. By using any fictitious name or pretending the exercise of public authority. evidence to such effect is necessary 6. Outside door must be broken. That the entrance was effected by any of the following means: a. it is necessary that offender enters the building or where object may be found. Gen. Place: house or building. Notes: 1. courts. public building. or floor or breaking any door or window. pretending to be police to be able to enter (not pretending after entrance) ELEMENTS OF ROBBERY WITH FORCE UPON SUBDIVISION (B) OR ART. or (b) public buildings. or deliver any public instrument or document. no need to open – already consummated robbery 5. False key – used in opening house and not furniture inside. 3. Notes: 1. not to get out but to enter – therefore. 4.Notes: 1. Destruction of keyhole of cabinet is robbery here 4. execute. By using false keys. by the breaking of doors. Exception: inside door in a separate dwelling 16. Entrance ( no matter how done) 2. Theft – if box found outside and forced open H. Lamahang – intent to rob being present is necessary 7. d. corals. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION: (298) 1. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP: (299) 1. regardless of the circumstances under which he entered it 2. P v.g. rented or used by the government (though owned by private persons) though temporarily vacant 9. That the offender entered (a) an inhabited house. That the offender compels him to sign. Whether robbery is attempted or frustrated. That the offender has intent to defraud another. That the offender is inside a dwelling house. or edifice devoted to religious worship. or (c) edifice devoted to religious worship. Inhabited house – any shelter. Entrance is necessary – mere insertion of hand is not enough (whole body). Rule: outside door. adopted for commission of robbery 13. hallways. Theft – if lock is merely removed or door was merely pushed 11. When sealed box is taken out for the purpose of breaking it. LANDS FOR CULTIVATION. b. Important for robbery by use of force upon things. the offender took personal property belonging to another with intent to gain. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND: (300) 58 . or any other kind of locked or sealed furniture or receptacle. Includes dependencies (stairways. a. Estafa – if box is in the custody of acc 6. NOT INCLUDED – ORCHARD. barns. roof. penalty is the same 2. 299 1. Offender may be servants or guests 3. 2. ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies. under any of the following circumstances. picklocks or similar tools or.. Key – stolen not by force. otherwise. NO ENTRY. That the compulsion is by means of violence or intimidation. not car 8. it’s robbery by violence and intimidation against persons 14. That once inside the building. False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock 12. smashed. or b. Where offense committed is attempted or frustrated robbery with serious physical injuries – article 48 is applicable F. must be broken and not just opened) 15. NO ROBBERY 5. Public building – every building owned. 3.) 2. Picklocks – specially made. otherwise. Through an opening not intended for entrance or egress. 2. theft (for latter to be robbery. By breaking any wall. etc. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. 3. G.

2.I. ROBBERY OF CEREALS. The entrance was effected through the use of false keys. A closed or sealed receptacle was removed. etc. 2. 3. That the offender does not have lawful cause for such possession. Note: Actual use of the same is not necessary M. c. if members of lawless band and possession of unlicensed firearms (any of them) b. Any key other than those intended by owner for use in the lock forcibly opened by the offender Notes: 1. A door. or any sealed or closed furniture or receptacle was broken or e. Same manner as 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in 299. not any of the 3 places mentioned) 3. Garage – must have 3 requirements. Ex. WHAT IS AN UNINHABITED HOUSE. Robbery in highway b b. freight car. even if the same be broken open elsewhere. warehouses. 3. Breaking of padlock (but not door) is only theft 6. Uninhabited place – is an uninhabited building (habitable. or not an edifice devoted to religious worship. not robbery (not stolen) II. 2. BRIGANDAGE: (306) Brigands – more than three armed persons forming a band Purpose: a. picklocks or other similar tools. A wall. warehouse. That the offender has in his possession picklocks or similar tools. Second kind of robbery with force upon things 2. Kidnapping for extortion or ransom. If key was entrusted and used to steal. That with intent to gain the offender took therefrom personal property belonging to another. Exception: orchards/lands J. Exception: pigsty 4. roof. Any other purpose to be obtained by means of force and violence. Picklocks. Genuine key stolen from owner. not a public building. Exception: does not include use of fictitious name or pretending the exercise of public authority 5. Possession of false keys here not punishable 2. FRUITS OR FIRE WOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: (303) L. 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 K. That entrance was effected through an opening not intended for entrance or egress. d. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS: (304) 1. or outside door or window was broken. granaries or enclosed places: a. which form part of the whole 2. possession of any kind of arms (not just firearm) BRIGANDAGE Purposes are given Mere formation of a band for the above purpose ROBBERY IN BAND Only to commit robbery. floor. Presumption of Brigandage: a. that any of the following circumstances was present: a. BRIGANDAGE A. wardrobe. b. dependencies – are all interior courts. not necessarily in hi-way If the purpose is to commit a part robbery Necessary to prove that band actually committed robbery 59 . ELEMENTS OF FALSE KEYS: (305) 1. PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES: (301) Notes: 1. Notes: 1. having an interior entrance connected therewith c. That the offender entered an uninhabited place or a building which was not a dwelling house. contiguous to the building b. chest. That such picklocks or similar tools are specially adopted to the commission of robbery. corrals. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING: (302) 1. c. store. 3.

Finder in law is liable 3. Committed by any person 3. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). 3. 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. abets or protects such band if brigands. Persons liable: 1. (b) extortion or other unlawful purpose.e. But it is estafa if juridical possession is transferred e. taking of Php is theft 60 . Espiritu – full possession is enough 3. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them Note: Killing of cattle of another which destroyed his property and getting meat for himself 4. knowledge of loss is enough 3. he in any manner aids. Includes electricity and gas a.g. it is actually taken by him (no intent to return) e. 3. PD 532 – brigandage. cereals or other forest or farm products Notes: 1. one using a jumper 7. therefore must exclude “joyride” 5. Retention is failure to return (intent to gain) 2. Selling share of co-partner is not theft 8. or b. THEFT A. Theft: if after custody (only material possession) of object was given to the accused. P v. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner Notes: 1. That the taking be done with intent to gain. Servant using car without permission deemed qualified theft though use was temporary 4. 2. 1. That the offender knows the band to be of brigands. That there be taking of personal property. Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner. That the taking be done without the consent of the owner. Notes: 1. 5. On any Phil hi-way III. ELEMENTS OF THEFT: (308) 1. (c) taking away of property by violence or intimidation or force upon things or other unlawful means 2. Otherwise. ELEMENTS OF AIDING AND ABETTING A BAND OF BRIGANDS: (307) That there is a band of brigands. Salary must be delivered first to employee. P v. Seizure of any person for: (a) ransom. prior to this. That said property belongs to another. he gives them information of the movements of the police or other peace officers of the government or c. That the offender does any of the following acts: a. Knowledge of owner is not required. He acquires or receives the property taken by such brigands. without the consent of its owner c) hunts or fish upon the same or gather fruits. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and.B. Retention of money/property found is theft.g. the control test 2. inspector misreads meter to earn b. by contract of bailment 6. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take d) personal property e) of another f) without the latter’s consent 2. 4.. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. felonious conversion. 2.

That the offender hunts or fishes upon the same or gathers fruits. cereals or other forest or farm products.g. motor vehicle in kabit system sold to another-theft.g. NO. joyride) 11. Not postmaster – Art. That the hunting or fishing or gathering of products is without the consent of the owner. or 4. industrial partner is not liable for QT (estafa) 7. see carnapping law: RA 6539 9. ELEMENTS OF QUALIFIED THEFT: (310) 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another. 3. 226 11. ELEMENTS OF ALTERING BOUNDARIES OR LANDMARKS: (313) 1.9. otherwise. use. pleasure desired. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM: (311) IV. 308) 1. 2.. That the offender alters said boundary marks. 4. mail matter – private mail to be QT. Actual gain is not necessary (intent to gain necessary) 12. ETC. guests no confidence. his absconding is QT 8. 2. On occasion of calamities and civil disturbance. theft of large cattle E.3. large cattle d. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency) 61 . 3. If in bad faith – theft) 10. qualified C. tellers 5. 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. ART. Allege lack of consent in info is important B. guards. motor vehicle b. Committed by domestic servant. ELEMENTS OF HUNTING. USURPATION A. FISHING OR GATHERING FRUITS. V. If offender claims property as his own (in good faith) – not theft (though later found to be untrue. B. novation theory applies only if there’s a relation 6. That there be boundary marks or monuments of towns. or estates. (309) D. provinces. 2. That the offender enters the same. Gain is not just Php – satisfaction. IN ENCLOSED ESTATE (PAR. CULPABLE INSOLVENCY A. 2. when accused considered the deed of sale as sham (modus) and he had intent to gain. Property stolen is: a. or 2. Notes: 1. With grave abuse of confidence. fish from fishpond or fishery. any benefit (e. That there is intent to gain.g. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. That the offender takes possession of any real property or usurps any real rights in property. Motor vehicle not used as PU in kabit system but under K of lease-estafa 10. or 3. mail matter c. 4. That the real property or real rights belong to another. coconut from plantation e. or any other marks intended to designate the boundaries of the same. Note: Fish not in fishpond. and 4. “grave abuse” – high degree of confidence e. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY: (312) 1.PENALTIES FOR QUALIFIED THEFT. 3.

the private individual allegedly in conspiracy with him may be held liable for estafa 62 .1.) by abuse of confidence. 3. ART. or for administration. (B). That damage or prejudice is caused to another. By misappropriating and converting a. 2. thing delivered has not been fully or partially paid for – not estafa c. That the offender has an onerous obligation to deliver something of value. That he alters its substance. Estafa m. When in the prosecution for malversation the public officer is acquitted. Unfaithful or Abuse of Confidence a. That he absconds with his property. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B). 315 = 3 WAYS OF COMMITTING: 1.315 1. thing has been devoted for a purpose or use different from that agreed upon h.1. 2. or on commission. thing is received by offender under transactions transferring juridical possession. upon delivery of the thing to the offender. Estafa – not affected by Novation of Contract because it is a public offense e. or other personal property be received by the offender in trust. Misappropriating – to take something for one’s own benefit g. D. 2. the owner expects an immediate return of the ting to him – otherwise. That the offender is a debtor.1 PAR. 3. domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft 3. By denying that the thing was received. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315) 1. he was obligations due and payable. sale on credit by agency when it was to be sold for cash – estafa d. C. There must be prejudice to another – not necessary that offender should obtain gain i. 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. That there be prejudice to his creditors. by altering the substance b. or quality. In theft. same thing received must be returned otherwise estafa. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. By converting the thing received. That money. that is. That the accused defrauded another (a. that such misappropriation or conversion or dental is to the prejudice of another and 4. Converting – act of using or disposing of another’s property as if it was one’s own. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. VI. By misappropriating the thing received. or (b) or means of deceit and 2. OF ART. or under any other obligation involving the duty to make delivery of or to return. 3. the same. SWINDLING AND OTHER DECEITS A. or dental on his part of such receipt. Servant. Notes: 1. That there be misappropriation or conversion of such money or property by the offender. existing obligation to deliver – even if it is not a subject of lawful commerce c. goods. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO. That there is a demand made by the offended party to the offender. ELEMENTS OF ESTAFA IN GENERAL: (315) 1. SUBDIVISION N0. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person B. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. 3. BUT if property is received for specific purpose and is misappropriated – estafa! j. no agreement as to quality – No estafa if delivery is unsatisfactory 2. Failure to account after the DEMAND is circumstantial evidence of misappropriation k. quantity. not ownership b. 2.

ELEMENTS OF OFFENSE DEFINED IN THE FIRST PARAGRAPH OF SECTION 1: BP 22 1. taking. VS. good faith is a defense. or fraudulent means. That such false pretense. without any valid reason. If check was issued in payment of pre-existing debt – no estafa 5. fraudulent act. That the offended party must have relied on the false pretense. That 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. That a person makes or draws and issues any check. No funds in the bank or his funds are not sufficient 4. or fraudulent means. fraudulent act. or issued a check in payment of an obligation. 4. dishonor from lack of funds to prima facie evidence of deceit or failure to make good within three days after notice of. 2. denying having received money MALVERSATION offenders are entrusted with funds or property and are continuing offenses Funds: public funds or property Offender: public officer accountable for public funds Committed by appropriating. that is. converting. False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant 2. That the offender postdated a check. That such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: (315) 1. That above the signature of the offended party a document is written by the offender without authority to do so.31) 2. That as a result thereof. 2. or would have been dishonored for the same reason had not the drawee. That the document so written creates a liability of. 3. or causes damage to. 3. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22 1. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315) 1. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. ordered the bank to stop payment. 3. he was induced to part with his money or property because of the false pretense. Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency I. 63 . 3. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. Notes: 1. that there must be a false pretense. Notes: 1. or public officer not accountable Committed by misappropriating. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315) 1. If postdating a check issued as mere guarantee/promissory note – no estafa H. That the check is made or drawn and issued to apply on account or for value. 4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit. misappropriating E. the offended party suffered damage. fraudulent means must be made or executed prior to or 2. Note: If the paper with signature in blank was stolen – Falsification if by making it appear that he participated in a transaction when in fact he did not so participate F. (PP.ESTAFA WITH ABUSE OF CONFIDENCE Offenders are entrusted with funds or property and are continuing offenses Funds: always private Offender: private individual. Offender must be able to obtain something from the offended party by means of the check he issues and delivers 6. VILLAPANDO. That the offended party should have delivered it to offender. 4. the offended party or any third person. That the paper with the signature of the offended party be in blank. There must be evidence that the pretense of the accused that he possesses power/influence is false G. 56 PHIL. 2.

estafa L. ELEMENTS OF ESTAFA BY REMOVING. 3. whether the encumbrance is recorded or not. 4. That the offender removed. ESTAFA Private individual was entrusted Intent to defraud INFIDELITY IN THE CUSTODY OF DOCUMENTS Public officer entrusted No intent to defraud O. That the offender is a surety in a bond given in a criminal or civil action. 3. Q. ELEMENTS OF SWINDLING (PAR. CONCEALING OR DESTROYING DOCUMENTS: (315) 1. in any other manner encumbers said real property. leasing. That he guaranteed the fulfillment of such obligation with his real property or properties. 3. encumbering or mortgaging the real property). That the thing be immovable. Temporary prejudice. That the act be made to the prejudice of the owner or a third person. That the offender knew that the real property was encumbered. That there be court records.1) BY CONVEYING. 2. such as a parcel of land or a building. That the offender had intent to defraud another.2. 4. mortgages. as a result of the defraudation. OR MORTGAGING ANY REAL PROPERTY. That prejudice is thereby caused to the possessor or third person. K. The offender party being deprived of his money or property. office files. P. 3. That deceit be employed to make him sign the document.: 1. that the thing disposed of be real property. That he sells. Note: If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification. That said personal property is in the lawful possession of another. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY ESTIMATION: (315) (second element of any form of estafa) THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST OF THE FF. but where the accused made representation to mislead the complainants as to the character of the documents . 3. ENCUMBERING. 2. 2. 4. That the offender wrongfully takes it from its lawful possessor. 2) BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE. That there must be express representation by the offender that the real property is free from encumbrance. ELEMENTS OF SWINDLING (PAR. 2. BY OBTAINING FOOD OR CREDIT AT HOTELS. INNS. That the act of disposing of the real property be made to the damage of another. 4.3) BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: (316) 1. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315) 1. N. 3. That the offended party personally signed the document. That the offender who is not the owner of said property represented that he is the owner thereof. SELLING. Disturbance in property right or 3. PRETENDING TO BE THE OWNER OF THE SAME: (316) 1. 3. MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILLMENT OF HIS OBLIGATION AS SURETY: (316) 1. ELEMENTS OF SWINDLING (PAR. or. 6) BY SELLING. That the check is dishonored by the drawee bank. ELEMENTS OF SWINDLING (PAR. ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: (316) 1. Note: No intent to defraud – destroying or removal = malicious mischief M. 2. That the offender induced the offended party to sign a document. That the offender should have executed an act of ownership (selling. 64 . 2. RESTAURANTS ETC. 2. That prejudice be caused. That the offender is the owner of personal property. Note: Failure to make good within 5 banking days prima facie evididence of knowledge of lack and insufficiency J. documents or any other papers. That 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. concealed or destroyed any of them.

That the consideration is (a) some loan of money (b) credit or (c) other personal property. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: (319) 1. R. 5. or (c) to execute a transfer of any property right. That he induces such minor (a) ro assume an obligation. future-telling for profit or gain. taking up rails from the railway track g. shed or any other property is burned That the value of the property burned does not exceed 25 pesos That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading B. 3. That the property burned is the exclusive property of the offender 2. VII. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS (Note: PD 1613 expressly repealed or amended Arts 320-326. other similar effective means of destruction C. inundation d. That 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. barn. That the offender causes destruction of the property 2. VIII. 3. ELEMENTS OF SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: (319) 1. 1. that the removal is permanent. S. but PD 1744 revived Art 320) A. sinking or stranding of a vessel e.4. or (c) the thing burned is a building in an inhabited place 65 . destroying telegraph wires and posts or those of any other system h. administration or assigns to such removal. 4. 3. not mentioned above. 3. sells or pledges the same or any part thereof. 1. or (b) made before the cancellation of his bond. or (c) before being relieved from the obligation contracted by him. ELEMENTS OF SWINDLING A MINOR: (317) 1. explosion b. That personal property is already pledged under the terms of the chattel mortgage law. storehouse. That the offender knows that such property is so mortaged. That the destruction was done by means of: a. 3. 2. ELEMENTS OF BURNING ONE’S PROPERTY AS A MEANS TO COMMIT ARSON That the offender set fire to or destroyed his own property That the purpose of the offender in doing so was to commit arson or to cause a great destruction That the property belonging to another was burned or destroyed D. CHATTEL MORTGAGE A. B. 2. 2. ELEMENTS OF ARSONS OF PROPERTY OF SMALL VALUES That an uninhabited hut. mortage or encumbrance is (a) without express authority from the court. ELEMENTS OF ARSON 1. ELEMENTS OF OTHER DECEITS: (318) 1. 2. discharge of electric current c. That there is no written consent of the mortgagee or his executors. damaging the engine of the vessel f. 4. That the transaction is to the detriment of such minor. 2. who is the mortgagee of such property. That the offender takes advantage of the inexperience or emotions or feelings of a minor. interpretation of dreams. ELEMENTS OF CRIME INVOLVING DESTRUCTION 1. That 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. 2. that personal property is mortgaged under the chattel mortage law. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused. or (b) to give release. That such sale. That the offender. forecast.

killing of cow as an act of revenge D. Brothers and sisters and brothers-in-law and sisters-in-law. none – art 48 5. telephone lines. murder – if derailment is means of intent to kill b. telegraph. If no malice – only civil liability 5. Theft 2. ascendants and descendants or relatives by affinity in the same line 2. or any other thing ised in common by the public. Using poisonous or corrosive substances. waterworks. 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. Damage to property of national museum or library. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY: (332) Persons exempt from criminal liability 1. common law spouse (propert is part of their earnings) 66 . ELEMENTS OF MALICIOUS MISCHIEF: (326) 1. promenade. MALICIOUS MISCHIEF A. No negligence 3. Obstruct performance of public functions. circumstance qualifying the offense if the damage shall result in any derailment of cars. stepfather/mother (ascendants by affinity) b. people killed as a result: a. That the offender deliberately caused damage to the property of another. concubine/paramour (spouse) d. Spreading infection or contagious among cattle. ELEMENTS OF OTHER MISCHIEF: (329) 1. road. ELEMENTS OF DESTROYING OR DAMAGING STATUES. Parties to the crime not related to the offended party still remains criminally liable 3. scattering human excrement b. Malicious mischief Notes: 1. archive. he used it = theft 7. But after damaging the thing. revenge or other evil motive 2.IX. Notes: 1. Damage is also diminution in value 6. 4. Exemption is based on family relations 2. SPECIAL CASES OF MALICIOUS MISCHIEF: (328) 1. 3. Not included in 328 a. PUBLIC MONUMENTS OR PAINTINGS: (331) F. Example. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS OF COMMUNICATION: (330) Notes: 1. removing rails from tracks is destruction (art 324) 3. Killing the cow as revenge 4. Persons exempt include: a. Damage is not incident of a crime (breaking windows in robbery) B. collision or other accident – a higher penalty shall be imposed E. 2. traction cables. signal system of railways 2. Note: Qualified malicious mischief – no uprising or sedition (#1) C. adopted children (descendants) c. That the act damaging another’s property be committed merely for the sake of damaging it. if living together Offenses involved in the exemption 1. Swindling 3. done by damaging railways. Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission of electric power/light) 4. That such act does not constitute arson or other crimes involving destruction. 3. Spouse. registry. 2. electric wires.

That there is abuse of authority.) 2. Cohabiting with her in any other place. priest b. That it is committed by means of deceit. in any capacity. such as a person in authority. b. That she has sexual intercourse with a man not her husband. attempted: caught disrobing a lover B. That the woman is married (even if marriage subsequently declared void) 2. guardian c. c. domestic 3. teachers etc and 2. servant) Persons liable: 1. priest. D. by using force or intimidation. single or widow. Note: “Scandal” consists in any reprehensible word/deed that offends public conscience. 4. That the offended party is over 12 and under 18 years of age. regardless of her age or reputation (incestuous seduction) Elements: 1.TITLE ELEVEN CRIMES AGAINST CHASTITY A. which is (presumed if she unmarried and of good reputation. That she must be over 12 and under 18 years of age. Seduction of a sister by her brother or descendant by her ascendant. 2. ELEMENTS OF ADULTERY: (333) 1. ELEMENTS OF SIMPLE SEDUCTION: (338) 1. 4. 3. 3. when the offended party is deprived of reason or otherwise unconscious. he must know her to be married. Those who abused the confidence reposed in them: a. That the offended party is another person of either sex. That the offender has sexual intercourse with her. ascendant who seduced his descendant E. 2. or c. 3. redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin C. person in public authority. That the man must be married. house servant c. That the offender commits any act of lasciviousness or lewdness. persons in public authority b. ELEMENTS OF CONCUBINAGE: (334) 1. person who. 2. brother who seduced his sister b. teacher d. 3. Seduction of a virgin over 12 and under 18 years of age by certain persons. That as regards the woman she must know him to be married. That as regards the man with whom she has sexual intercourses. Those who abused their relationship: a. 3. when the offended party is under 12 years of age. Notes: 1. confidence or relationship on the part of the offender ( person entrusted with education or custody of victim. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) 2. Keeping a mistress in the conjugal dwelling. That she must be of good reputation. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337) Two classes of qualified seduction: 1. is entrusted with the education or custody of the woman seduced 2. That the offended party is a virgin. Those who abuse their authority: a. Note: common form is unconditional promise to marry 67 . priest. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336) 1. That he committed any of the following acts: a. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. That it is done under any of the following circumstances: a. or b. That the offender has sexual intercourse with her.

confidence. SUBSTITUTION OF ONE CHILD FOR CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD: (347) ANOTHER. 2. under 18 years of age but over 12 years. Enlisting the servicxe of women for the purpose of prostitution I. That she must be over 12 and under 18 years of age. ELEMENTS OF WHITE SLAVE TRADE: (341) Acts penalized 1. relationship. This rule does not apply in case of multiple rape L. SIMULATION OF BIRTHS. guardians in the order in which they are named above Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. But marriages must be in good faith. G. LIABILITY OF ASCENDANTS. after solicitation or cajolery from the offender. ELEMENTS OF CORRUPTION OF MINORS: (340) Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another H. regardless of her age. Seduction. ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344) 1. This applies as well to the accomplices. 2. Note: Sexual intercourse is NOT necessary Crimes against chastity where age and reputation of victim are immaterial: rape. 3. qualified seduction of sister/descendant. that the offender commits acts of lasciviousness or lewdness.F. unless the law should prevent him from doing so 3. that the offender accomplishes the acts by abuse of authority. CIVIL LIABILITY OF PERSONS GUILTY OF RAPE. 2. abduction. Simulation of births 2. 4. That the abduction is against her will. 3. OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346) TITLE TWELVE CRIMES AGAINST THE CIVIL STATUS OF PERSONS A. That the person abducted is any woman. CONCUBINAGE. To idemnify the offended women 2. That the acts are committed upon a woman who is virgin or single or widow of good reputation. grandparents d. or deceit. accessories-after-the-fact. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339) 1. Engaging in the business of prostitution 2. That the offended party must be a virgin. 3. offended party b. AND Acts Punished: 1. Profiting by prostitution 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status 68 . To acknowledge the offspring. ELEMENTS OF FORCIBLE ABDUCTION: (342) 1. by her parents c. In every case to support the offspring M. ELEMENTS OF CONSENTED ABDUCTION: (343) 1. or a sister or descendant regardless of her reputation or age. That the abduction is with lewd designs. SEDUCTION OR ABDUCTION (345) 1. civil status. PROSECUTION OF ADULTERY. That the taking away of the offended party must be with lewd designs. SEDUCTION. That the taking away of the offended party must be with her consent. acts of lasciviousness. K. Substitution of one child for another 3. forcible abduction J. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse 2. rape or acts of lasciviousness must be prosecuted upon complaint signed by: a. or reputation.

2. That the offender contracted marriage. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or hios heirs C. Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence. That it must be malicious. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: (352) Act punished: performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities TITLE THIRTEEN CRIMES AGAINST HONOR A. 3. 4. the absent spouse could not yet be presumed dead according to the civil code. That the marriage has not been legally dissolved or. or circumstances. ELEMENTS OF BIGAMY: (349) 1. That he knew at the time that a. A widow who within 301 days from death of husband. if she was pregnant at the time of his death 2. That there must be an imputation of a crime. One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses 7. 2. Committed by asuming the filiation. 69 . ELEMENTS OF LIBEL DEFAMATION: (353) 1. real or imaginary. or the parental or conjugal rights of another 4. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto 3. Failure to exercise due diligence to ascertain the whereabouts of the 1 st wife is bigamy through reckless imprudence 5. the requirement of the law were not complied with. USURPATION OF CIVIL STATUS: (348) Notes: 1. The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party 2. or b. intimidation or fraud E. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation B. A simulated marriage is not marriage at all and can be used as a defense for bigamy 3. The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth 1. A woman whose marriage having been dissolved or annulled. The offender conceals or abandons such child 3. There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage 4. got married or before her delivery. married before her delivery or within 301 days after the legal separation F. or of a vice or defect. That the second or subsequent marriage has all the essential requisites for validity.Requisites: 1. The marriage was in disregard of a legal impediment. That the offender has been legally married. A judicial declaration of the nullity of a marriage void ab initio is now required 6. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person 2. That he contracts a second or subsequent marriage. Child is baptized or registered in the Registry of birth as hers 2. omission. That the imputation must be made publicly. condition. One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice D. 2. Child loses its real status and acquiires a new one 3. ELEMENTS OF PREMATURE MARRIAGE: (351) Acts punished: 1. status. ELEMENTS OF MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS: (350) 1. or any act. in case his or her spouse is absent. 3. The child must be legitimate 2. Notes: 1.

that it is made without any comments or remarks Santos v CA HELD: No malice. But the publication need not refer by name to the libeled party.4. that the person who made the communication had a legal. Person libeled must be identified. or of any other act performed by a public officer 2. There are as many crimes as there are persons defamed. having some interest or duty on the matter 3. or a vice or defect. or other official proceedings which are not of confidential nature. moral or social duty Requisites 1. commission. B. legislative. 5. each of the plaintiffs has a separate and distinct reputation in the community. (b) malice in fact 3. 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. Absolutely privileged – not actionable even if the actor has acted in bad faith b. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. made in good faith. REQUIREMENT OF PUBLICITY: (354) Kinds of privileged communication a. virtue or reputation. That the imputation must tend to cause the dishonor. Publication is the communication of the defamatory matter to some third person/s 5. Libel is a public and malicious imputation of a crime. or to hole the person up to public ridicule(US v O’Connel) 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. private communication in performance of legal. real or imaginary or any act. or superior. moral or social duty to make the communication or at least he had an interest to be upheld 2. without any comments and remarks Requisites 1. C. Defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for victim to be identifiable. that the communication is addressed to an officer or a board. condition. Notes: 1. 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. he simply furnished the readers with the info that a complaint has been filed against the brokerage firm and reproduced the pleading verbatim with no embellishments. status or circumstances tending to cause the dishonor. or one who is dead. 6. Plaintiffs are associations of sugarcane planters. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3 rd person would have identified the plaintiff. Malice is presumed to exist in injurious publications 4. or of a statement. report. if no good intention and justifiable motive for making it is shown Exception: a. discredit or contempt of the person defamed. An action for libel allegedly directed against a group of sugar planters cannot be done by resort to filing a class suit as each victim has his specific reputation to protect. fair and true report. Kinds of malice: (a) malice in law. or to blacken the memory of one who is dead 2. That the imputation must be directed at a natural or juridical person. 7. or speech delivered in said proceedings.(P v Encarnacion) Libel -false accusation need not be made under oath Perjury -false accusation is made under oath Newsweek v IAC Newsweek portrayed the island province of Negros Occidental as a place dominated by big landowners. the specific victim must be identifiable. To maintain a libel suit. that the statements in the communication are made in good faith without malice in fact b. HELD: Dismissed. discredit or contempt of a natural or juridical person. In this case. that the publication of a report of an official proceeding is a fair and true report of a judicial. or are sufficient to impeach their honesty. that it is made in good faith 3. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS: (355) 70 .

b. That the offender performs any act not included in any other crime against honor. engraving. exhibits or causes the publication or exhibition of any defamation in writing or similar means(par. 3.Note: Enumerates the means by which libel may be committed: writing.1) b. (P v Costa) c. That he publishes facts connected with the private life of another. etc. That such act casts dishonor. a teacher. Lacsa v IAC Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification. discredit or contempt upon the offended party. Note: 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. Seriousness depends on the social standing of offended party. He wrote to the BOD and to Marquez. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS: (357) 1. That the offender is a reporter. He caused to publish the second letter. The acts of slapping and boxing the woman. light insult or defamation – not serious in nature (simple slander) 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 Notes: Words uttered in the heat of anger constitute light oral defamation (P v Doronilla) If the utterances were made publicly and were heard by many people and the accused at the same time levelled his finger at the complainant. Notes: a. F. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt. Granting that the letter was privileged communication. 3. contempt and ridicule. 2. the occasion. 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) 2) Venue of criminal and civil action for damages in cases of written defamation: 71 . theatrical or cinematographic exhibitions or any similar means D. oral defamation is committed (P v Salleque) ELEMENTS OF SLANDER BY DEED: (359) 1. That such act is performed in the presence of other person or persons. That such facts are offensive to the honor. b. in the presence of many people has put her to dishonor. just a case of blackmail-any unlawful extortion of money by threats of accusation and exposure -possible in light threats Art 283 and in threat to publish Art 356. 2. daily or magazine. such character was lost when it was published. virtue and reputation of said person. The crowd laughed. written out of a duty of an officer towards the members. Guilty of slander by deed. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION: (356) Note: Clearly. author or editor of a book or pamphlet c. painting. person who publishes. action of a serious and insulting nature (Grave slander) 2.2) d. editor or manager of a newspaper. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358) 1. lithography. Distinctions: a. radio phonograph.deprivation of reason or rendering the offended unconscious offended party under 12 yrs of age+lewd designs PERSONS RESPONSIBLE FOR LIBEL (360) 1) Who are liable a. use of force or intimidation ii. E. HELD: Letter is not privileged communication. To be classified as such it must be free from malice. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC on rape i. printing. P v Motita Accused held a mirror between the legs of complainant to reflect her private parts. c. editor or business manager of a daily newspaper magazine or serial publication(par. the circumstances surrounding the act.

upon which a definite finding may be made by the court (US v Sotto) LIBELOUS REMARKS (362) Libelous remarks or comments on privileged matters (under Art. 354) if made with malice in fact will not exempt the author and editor. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer b. the offended party is a government employee. b.RTC of province/city where he actually resides at the time of the crime .RTC of Manila OR . That the offender performs an act. rape. not authorized by all the parties to any private communication or spoken word a) taps any wire of cable OR 72 . That such act does not constitute perjury. PROOF OF THE TRUTH (361) Admissible when: a.RTC of the city/province where he held office at the time of offense OR .g. Two Kinds: a. defamatory or ii. concubinage. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. and acts of lasciviousness) Soriano v IAC The Philippines follows the multiple publication rule which means that every time the same written matter is communicated. adultery. seduction. even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his official duties Requisites for Acquittal: a. if said to the person himself it is slander. planting evidence Note: article is limited to planting evidence and the like INTRIGUING AGAINST HONOR (364) How committed: -by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person Notes: a. Otherwise . *This article is a limitation to the defense of privileged communication. where any of the offended parties actually resides at the time of the commission of the offense 3) Where one of the offended parties is a public officer: a. making a statement which is c i. It must rest upon positive direct evidence. such communication is considered a distinct and separate publication of libel. 2. or suspicion.where the article is 1st published 4) Where one of the offended parties is a private individual: . it was published with good motives and for a justifiable end (for situation 1 only) Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay. perjurious (if made under oath and is false) b.where article was printed or 1st published Note: Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e. rumors. 3. Committed by saying to others an unattributable thing. ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363) 1. abduction. where the libelous article is printed and 1st published OR b. RA4200 The Anti-WireTapping Act Acts punished: 1) any person. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. if his office is in the City of Manila . Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot.city/province where the article is printed and 1st published b.a.

Gaanan v IAC An extension phone is not one of those prohibited under RA 4200. have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver. to any other person Notes: a. 4. his employment or occupation b. disc record. 2. That it be without malice. c. 5. ELEMENTS OF RECKLESS IMPRUDENCE: (365) 1. and c. physical condition. Notes: 1) Art. by the exercise of reasonable care and prudence. What is punished is not the effect of the negligence but the recklessness of the accused. time and place. The extension phone was not installed for such purpose. intercept or record the spoken words. 4) Contributory negligence—not a defense. P v Cano Negligence is a quasi-offense. by the negligence of another. if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance.b) uses any other device or arrangement. b. degree of intelligence. who. ELEMENTS OF SIMPLE IMPRUDENCE: (365) 1. wire record. to secretly overhear. Peace officer is exempt if acts done under lawful order of the court. taking into consideration a. whether or not a participant in the above-mentioned acts: a) knowingly possesses any tape record. Carillo was the anesthesiologist. other circumstances regarding persons. 3) Abandoning usually punishable under Art 275. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation. That material damage results. 2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. 73 . to prove that they exercised necessary and appropriate degree of care and diligence to prevent the condition. he and his co-accused failed to monitor and provide close patient care. 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. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear. You can only use the recording for the case for which it was validly requested. P v Carillo 13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack that caused brain damage. That there is lack of precaution on the part of the offender. That the offender does or fails to do an act. That the doing of or the failure to do that act is voluntary. That there is inexcusable lack of precaution on the part of the offender. to inform the parents of the child’s true condition. That the damage impending to be caused in not immediate or the danger is not clearly manifest. or any other such record or copies thereof of any communication or spoken word b) replays the same for any other person c)communicates the contents thereof. intercept. whether complete or partial. 3. only mitigating Last clear chance doctrineThe contributory negligence of the injured party will no t defeat the action if it be shown that the accused might. 2. Buearano v CA Conviction of the accused in the charge of slight and less serious physical injuries through reckless imprudence constitutes double jeopardy to the charge of the crime of damage to property through reckless imprudence. or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or walkie talkie or tape recorder 2) any person.64 on mitigating and aggravating circumstances not applicable. HELD: Guilty of simple negligence resulting to homicide.

74 .