BOOK ONE

CRIMINAL LAW, defined.

It is that branch or division of municipal law which defines crimes, treats of
their nature, and provides for their punishment.
Nature of Criminal Law:
1. SUBSTANTIVE LAW---it defines the States right to inflict punishment and the
liability of the offenders.
2. PUBLIC LAW---it deals with the relation of the individual with the state.
CRIME, defined
It is an act committed or omitted in !iolation of a "u#li$ law forbidding or
prohibiting it.
The state has the authority, under its P%LICE P%WER, to define and punish
crimes and to lay down the rules on procedure.
P&IL%S%P&IES
CLASSICA
L
P%SITIV
IST
MI'E()
ECLECTIC
1. the basis of
criminal liability is
human free will and
the purpose of the
penalty is
retribution
1. That man is
subdued
occasionally by a
strange and
morbid
phenomenon
which constrains
him to do wrong in
spite of or contrary
to his volition.
1. This combines
both positivist and
classical thinking.
. That man is
essentially a moral
creature with an
absolute free will
to choose between
good and evil,
thereby placing more
stress upon the
effect or result of
the felonious act
done upon the
man, the criminal
himself.
. That crime is
essentially a
social and natural
phenomenon, and
as such, it cannot
be treated and
checked by the
application of
abstract
principles of law
and jurisprudence
or by the
imposition of a
punishment, fi!ed
and determined a
priori" BUT
RATHR through
the enforcement
of individual
measures in each
particular case.
. #rimes that are
economic and social
in nature should be
dealt with in a
positivist manner,
thus the law is more
compassionate.
$. It has endeavored
to establish a
mechanical and
direct proportion
between crime and
penalty.
$. Heinous crimes
should be dealt with in a
classical manner, thus
capital punishment.
%. There is a scant
regard to the
human element.
LIMITATI%NS IN T&E ENACTMENT %* PENAL LAWS +,EB-CUE.:
1. Penal laws must be /eneral in a""li$ation. &therwise, it would violate the
e'ual protection clause of the constitution.
2. Penal laws must N%T partake of the nature of an e0 "o1t fa$to law.
(n e0-"o1t fa$to law is one which )MACAAd(*+
!akes criminal an act done before the passage of the law and which was innocent
when done, and punishes such an act.
Aggravates a crime, or makes it greater than it was, when committed.
"hanges the punishment and inflicts a greater punishment than the law anne!ed to
the crime when committed.
Alters the legal rules on evidence, and authori,es conviction upon less or different
testimony than the law re'uired at the time of the commission of the offense.
Assuming to regulate civil rights and remedies only in effect imposes penalty or
deprivation of a right for something which when done was lawful
#eprives a person accused of a crime some lawful protection to which he has
become entitled, such as the protection of a proclamation of amnesty.
3. -enal laws must N%T partake of the nature of a #ill of attainder.
BILL %* ATTAIN(ER. It is a legislative act which inflicts punishment without trial.
Its essence is the substitution of a legislative act for a .udicial determination of guilt.
4. -enal laws must N%T impose $ruel and unu1ual punishment or e0$e11i!e fine.
C&ARACTERISTICS %* CRIMINAL LAW
2 ,ENERALIT3
/-enal laws and those of public security and safety shall be obligatory upon all who live or
so.ourn in -hilippine territory, sub.ect to the principles of public international law.0 )(rticle
1%, 1ew #ivil #ode*
It a""lie1 to all persons within the country re/ardle11 of their race, belief, se!, or creed.
$"%T&'()
1. By virtue of the principles of public international law, like *+",A%R"-.
So!erei/n and other $hief of state.
Ambassadors, ministers "lenipotentiary, ministers resident, and $harges daffaires.

1.2. Con1ul1 are N%T di"lomati$ offi$er1. This includes consul general, vice-consul or
any consul in a foreign country, who are therefore N%T immune to t4e o"eration or
a""li$ation of t4e "enal law of t4e forei/n w4ere t4e5 are a11i/ned
2. Law of Preferential Application
It is ('T applicable when the foreign country adversely affected does not provide similar
protection to our diplomatic representatives, under the PRINCIPLE %* RECIPR%CIT3.
6 TERRIT%RIALIT3
#riminal laws undertake to "uni14 $rime1 $ommitted wit4in P4ili""ine territor5.
-enal laws of the country have for$e and effe$t onl5 wit4in it1 territor5. It CANN%T
penali,e a crime committed out1ide t4e $ountr5
E!EP"#$%& (rticle , 3evised -enal #ode, which provides that its provisions shall be
enforced outside of the .urisdiction of the -hilippines against those who+
1. Should commit an offense while on a P4ili""ine 14i" or air14i""
. Should for/e or $ounterfeit an5 $oin or $urren$5 note of the -hilippines or
obligations and securities issued by the 4overnment of the -hilippines"
$. Should be liable for a$t1 $onne$ted wit4 t4e introdu$tion into t4e P4ili""ine1 of
t4e o#li/ation1 and 1e$uritie1 mentioned in the preceding number"
%. 5hile being "u#li$ offi$er1 or em"lo5ee1, should commit an offense in the e0er$i1e
of t4eir fun$tion1" or
6. Should commit any of the $rime1 a/ain1t national 1e$urit5 and t4e law of nation1,
defined in Title &ne of 2ook two of the 3evised -enal #ode.
E'TRATERRIT%RIALIT3 7(3TI#89 , 3evised -enal #ode:
This is the application of the 3evised -enal #ode outside -hilippine territory.
Situation1 w4ere a forei/n $ountr5 ma5 not a""l5 it1 $riminal law e!en if a $rime
wa1 $ommitted on #oard a !e11el wit4in it1 territorial water1:
a. when the crime is committed in a war !e11el of a forei/n $ountr5, because war vessels
are part of the sovereignty of the country to those naval force they belong"
b. 5hen the forei/n $ountr5 in whose territorial waters the crime was committed adopts the
*RENC& RULE, which applies only to merchant vessel, E'CEPT when the $rime
$ommitted affe$t1 t4e national 1e$urit5 or "u#li$ order of 1u$4 forei/n $ountr5
*RENC& RULE---the nationality of the vessel follows the flag which the vessel flies, unless
the crime committed endangers the national security of a foreign country where the vessel
is within .urisdiction in which case such foreign country will never lose .urisdiction over such
vessel.
EN,LIS&) AN,L%-SA'%N RULE---this rule strictly enforces the territoriality of criminal
law. The law of the foreign country where a foreign vessel is within its .urisdiction is strictly
applied, e!cept if the crime affects only the internal management of the vessel in which
case it is sub.ect to the penal law of the country where it is registered.
Com"o1ition of territor5:
1. TERRIT%RIAL 7URIS(ICTI%N---the .urisdiction e!ercised of a country over bodies of land,
defines in the constitution.
2. *LUVIAL 7URIS(ICTI%N---the .urisdiction over maritime and interior waters.
3. AERIAL 7URIS(ICTI%N---the .urisdiction over the atmosphere.
T4ree T4eorie1 on Aerial 7uri1di$tion:
1. %PEN SPACE T&E%R3---which the atmosphere over the country is free and ('T sub'ect to
the 'urisdiction of the sub'acent state $"%T for the protection of its national security and
public order.
2. (ELATIVE T&E%R3---the sub'acent state e(ercises 'urisdiction '(./ to the e(tent that it
can effectively e(ercise control thereof.
3. ABS%LUTE T&E%R3---the sub'acent state has complete 'urisdiction over the atmosphere
above it +UB0"T '(./ to innocent passage by aircraft of foreign country.
ARC&IPELA,% (%CTRINE %R ARC&IPELA,IC RULE ;nder this doctrine, we connect
the outmost points of our archipelago with straight baselines and waters enclosed thereby
as internal waters. The entire archipelago is regarded as one integrated unit instead of
being fragmented into so many thousand islands. (s for our territorial seas, these are more
defined according to the <amaica #onvention on the 8aw of the Seas, concluded in 1=>, in
which the -hilippines was a signatory.
8 PR%SPECTIVIT3
( penal law cannot make an act punishable in a manner in which it was not punishable
when committed.
/5ithout pre.udice to the provisions contained in (rticle of this #ode, felonies and
misdemeanors, committed prior to the date of effectivity of this #ode shall be punished in
accordance with the #ode or (ct in force at the time of their commission.0 )Article )**,
+evised Penal !ode,
PR%SPECTIVIT3 is the e'uivalent of IRRETR%SPECTIVIT3
$"%T&'() 5henever a new statute dealing with the crime establishes conditions more
lenient or fa!ora#le to t4e a$$u1ed, it can be given a retroactive effect, in accordance
with the #octrine of %ro,Reo.
$"%T&'( to the $"%T&'(+
1. 5here the new law is e0"re11l5 made ina""li$a#le in pending actions or e!isting cause
of action.
2. 5here the offender is a 4a#itual delin9uent.
REPEAL
:ind1 of Re"eal:
1. ABS%LUTE %R T%TAL REPEAL---when the crime punished under the repealed law has
been decriminali1ed by the same.
#&1S9?;91#9S+
1. Ca1e1 "endin/ in court involving the !iolation of t4e re"ealed law, the same
shall be di1mi11ed, e!en though the accused may be a 4a#itual delin9uent. This
is so because all persons a$$u1ed of a crime are "re1umed inno$ent until t4e5
are $on!i$ted #5 final ;ud/ment. Therefore, the accused shall be a$9uitted.
2. In cases already de$ided and as to those alread5 1er!in/ 1enten$e #5 final
;ud/ment, if the convict is not a 4a#itual delin9uent, then he will be entitled to a
relea1e UNLESS there is a re1er!ation $lau1e in the penal law that it will not
apply to those serving sentence at the time of the repeal. 2ut if there is no
reservation, those who are not habitual delin'uents even if they are already serving
their sentence will receive the benefit of the repealing law. They are entitled to
release.
2. PARTIAL %R RELATIVE REPEAL---when the crime punished under the repealed
law continues to be a crime in spite of the repeal, so this means the repeal merely
modified the conditions affecting the crime under the repealed law.
#&1S9?;91#9S+
1. Pendin/ "ro1e$ution---if the repealing law is more favorable to the offender, it
shall be the one applied to him. So whether he is a habitual delin2uent or not,
if the case is still pending in court, the repealing law will be the one to apply
UNLESS there is a saving clause in the repealing law that it shall not apply to
pending causes of action.
2. A1 to t4o1e alread5 1er!in/ 1enten$e in ;ail---even if the repealing law is partial,
then the crime still remains to be a crime. Those who are not habitual
delin2uents will benefit on the effect of that repeal, so if the repeal is more
lenient to them, it will be the repealing law that will henceforth apply to them.
3. E'PRESS---takes place when a subse'uent law contains a provision that such law repeal
was earlier enactment.
Si/nifi$an$e+ if the repeal was e!press, the repeal of the repealing law will not
survive the first law, so the act or omission will no longer be penali1ed.
4. IMPLIE(---takes place when there is a law on a particular sub.ect matter but is inconsistent
with the first law, such that the two laws cannot stand together one of the two laws must
give way. IT IS N%T *AV%RE(
Si/nifi$an$e+ If a penal law is impliedly repealed, the subse2uent repeal of the
repealing law will revive the original law So the act or omission which was punished
as a crime under the original law will be revived and the same shall again be crimes
although during the implied repeal they may not be punishable.
MALA IN SE AN( MALA PR%&IBITA
Mala In Se---the act is inherently evil or bad per se, or wrongful.
Malum Pro4i#itum---the act penali,ed is not inherently wrong, it is wrong only because
there is a law that punishes the same.
Violation1 of 1"e$ial law1 are mala "ro4i#ita. If the crime is punished under a
special law, if the act punished is one which is inherently wrong, the same is malum in
1e, and therefore, good faith and lac3 of criminal intent is a valid defense
UNLESS it is the product of criminal negligence or culpa.
MALA IN SE MALA PR%&IBITA
1. Criminal lia#ilit5 Is based on the
moral trait of t4e offender that is
why liability would only arise when there
is dolo or $ul"a in $ommi11ion of t4e
"uni14a#le a$t
1. The moral trait of t4e offender is N%T
$on1idered, it is enough that t4e
"ro4i#ited a$t #e !oluntaril5 done
,ood fait4 or la$< of $riminal
intent i1 a !alid defen1e, U(.++
the crime is the result of culpa.
. ,ood fait4 i1 N%T a defen1e.
$. t4e de/ree of a$$om"li14ment of
t4e $rime i1 ta<en into a$$ount in
"uni14in/ t4e offender. Thus, there
are attempted, frustrated, and
consummated stages in the commission
of a crime.
$. The act gives rise to a crime %NL3 w4en
it i1 $on1ummated.
%. 5hen there are more than one
offender, t4e de/ree of "arti$i"ation
of ea$4 in t4e $ommi11ion of t4e
$rime i1 ta<en into a$$ount of
im"o1in/ t4e "enalt5 Thus offenders
are classified as principals, accomplice,
and accessory.
%. Miti/atin/ and a//ra!atin/
$ir$um1tan$e1 are N%T ta<en into
a$$ount in im"o1in/ t4e "enalt5,
because the moral trait of the offender is not
considered.
6. The de/ree of "arti$i"ation of an5
offender is N%T $on1idered.
Title 2
*EL%NIES AN( CIRCUMSTANCES W&IC& A**ECT CRIMINAL LIABILIT3
*EL%NIES, defined
@elonies are a$t1 or omi11ion1 punishable by the Re!i1ed Penal Code.
Element1 of *elonie1 in /eneral:
1. That there must be an a$t or omi11ion.
2. That the act or omission must be "uni14a#le #5 t4e Re!i1ed Penal Code.
3. That the act is performed or the omission incurred #5 mean1 of dolo or $ul"a.
IN*RACTI%NS, defined
Infractions are acts or omissions punishable by an ordinan$e
A$t- any bodily movement tending to produce some effect in the e(ternal world, it being
unnecessary that the same be actually produced as the "o11i#ilit5 of it1 "rodu$tion
i1 1uffi$ient.

%mi11ion - inaction, the failure to perform a positive duty that one is bound to do.
There must be a law re2uiring the doing or performance of an act.
(olo - is e'uivalent to mali$e which is the intent to do in'ury to another.
Element1 +C*I.:
1. Criminal intent on the part of the offender"
2. *reedom of a$tion in doing the act on the part of the offender" and
3. Intelli/en$e on the part of the offender in doing the act.
- The acts or omissions are !oluntar5
- Intent presupposes the e!ercise of freedom and the use of intelligence.
- The e(istence of intent is shown by the o!ert a$t1 of t4e "er1on.
- #riminal intent is presumed from the commission of an unlawful act, but not from the proof
of the commission of an act which is not unlawful.
Criminal Intent, categorized into two:
2 ,eneral S"e$ifi$ Intent---is "re1umed from t4e mere doin/ of a wron/ a$t So
this doe1 not re9uire "roof, t4e #urden i1 u"on t4e wrongdoer to "ro!e t4at 4e
a$ted wit4out 1u$4 $riminal intent
2. S"e$ifi$ Criminal Intent---it is N%T "re1umed #e$au1e it i1 an in/redient or
element of a $rime, li<e intent to <ill in t4e $rime1 of attem"ted or fru1trated
4omi$ide)"arri$ide)murder. The prosecution 4a1 t4e #urden of "roof
INTENT !1 (ISCERNMENT:
INTENT is the determination to do a certain thing" an aim or purpose of the mind. It
is the design to resolve or the determination by which a person acts.

(ISCERNMENT is the mental capacity to tell right from wrong. It relates to the
moral significance that a person ascribes to his act and relates to the intelligence as
an element of dolo, distinct from intent.
M%TIVE INTENT
+eason- moving power which impels
one to commit an act for a definite
result )state of mind*
Purpose to use a particular means to bring
about a desired result )not a state of mind,
not a reason for committing a crime*
5hen there is motive in the
commission of a crime, it always
comes before intent. But a $rime
ma5#e $ommitted wit4out moti!e
If intentional, a $rime $annot #e
$ommitted wit4out intent Intent is
manifested by the instrument used by the
offender.
Motive is relevant if:
1. the identity of the accused is in .uestion
2. for purposes of defense
3. in determining the sanity of the accused
4. indirect assault )(rt. %=*
5. in determining whether the shooting is intentional or not
6. defense of strangers )(rt. 11, par. $*
7. in determining the specific nature of the crime.
Cul"a - imprudence or negligence.
Element1 +C*I.:
1. !riminal negligence on the part of the offenderAthe crime was the result of negligence,
reckless imprudence, lack of foresight, or lack of skill.
2. /reedom of action in doing the act on the part of the offenderAhe was not acting under
duress.
3. #ntelligence on the part of the offender in performing the negligent act.
MISTA:E %* *ACT
It is the misapprehension of fact on the part of the person who caused in.ury to another.
Be is not, however, criminally liable because he did not act with criminal intent.
Re9ui1ite1 of mi1ta<e of fa$t a1 a defen1e:
1. That the act done would have been lawful had the facts been as the accused believed
them to be.
a. That the intention of the accused in performing the act be lawful.
2. That the mistake must be without fault or carelessness on the part of the accused.
The mistake must be without fault or carelessness on the part of the accused.
The mistake of the accused in performing the act must be lawful.
No $rime of re1i1tan$e w4en t4ere i1 mi1ta<e of fa$t
5hen the accused is negligent, mistake of fact is N%T a defense.
Mistake of Fact vs. Mistake of Ientit!
In mistake of fact, there is %$ criminal intent+ while in mistake of identity, there is
criminal intent, only it is directed at the wrong person in the belief that he was the
proper ob.ect of the crime. 5here an unlawful act is willfully done, a mistake in the
identity of the intended victim !A%%$" be considered e(empting, 1&3 can it be
considered reckless imprudence.
(rticle %
Criminal Lia#ilit5
#riminal liability shall be incurred+
1. 2y any person committing a felony)delito* although the wrongful act done be
different from that which he intended"
2. 2y any person performing an act which would be an offense against persons or
property, where it not for the inherent impossibility of its accomplishment or on
account of the employment of an inade'uate or ineffectual means.
PR%'IMATE CAUSE, defined
Is that cause which sets into motion other causes and which, unbroken by any efficient
supervening cause, produces a felony, without which such felony could not have
resulted.
o ( pro(imate cause is %$" necessarily the immediate cause. This may be a cause
which is far and remote from the conse'uence which sets into motion other
causes which resulted in the felony.
o In criminal law, as long as the act of the accused contributed to the death of the
victim, even if the victim is about to die, he will still be liable for the felonious act
of putting to death that victim.
Felon! is t"e #ro$imate ca%se &"en:
1. There is an active force that intervened between the felony committed and the resulting
in'ury, and the active force is a distinct act or fact absolutely foreign from the felonious
act of the accused" or
2. The resulting in'ury is due to the intentional act of the offended party.
Wron/ful a$t done #e different from w4at wa1 intended:
Aberratio &ctus4 !ista3e in the Blow
( person directed the blow at an intended victim but because of poor aim, that blow
landed on somebody else.
The intended victim as well as the actual victim is both at the scene of the crime.
It generally gives rise to a C%MPLE' CRIME - that being so, the penalty for the serious
crime is imposed in the ma!imum period.
The only time when comple! crime may not result is when one of the resulting felonies
is LI,&T *EL%N3
rror in %ersonae4 !ista3e in &dentity
The intended victim was not at the scene of the crime. It was the actual victim, upon
whom the blow was directed, but he was not the intended victim, there was really a
mistake in identity.
It is mitigating if the crime committed is different from that which is intended. If the
crime committed is different from that which was intended, error in personae does not
affect the criminal liability of the offender.
Praeter Intentionem/ Consequence went beyond the Intention
It is mitigating, particularly covered by par. ), Art. 0)AThat the offender had no
intention to commit so grave a wrong as that committed
There must be a notable disparity between the means employed and the resulting
felony.
#riminal liability is incurred by any person committing a felony, not merely performing
an act.
the person is still criminally liable even if there is a mistake in the identity of the
victim)error in personae* Pp vs. $anis 12 Phil 2314 when there is mistake in the
blow)aberration ictus*" the in.urious result is greater than that intended)praeter
intentionem*
any person who creates in anothers mind an immediate sense of danger, which causes
the latter to do something resulting in the latters in.ury, is liable for the resulting
in.uries.
the felony committed must be the pro!imate cause of the resulting in.ury. %ro5imate
cause is that cause, which in natural and continuous se.uence, unbroken by any
efficient intervening cause, produces the in'ury, and without which the result would not
have occurred. ) Bataclan vs. 5edina 062 Phil 070*
3e'uisites of paragraph 1+
a. (n intentional felony has been committed,
b. The wrong done to the aggrieved party be the direct, natural, and logical
conse'uence of the felony committed by the offender.
IMP%SSIBLE CRIME, defined
Is an act which would be an offense against person or property were it not for the
inherent impossibility of its accomplishment or on account of the employment of
inade'uate or ineffectual means.
Re'%isites:
1. The act performed would be an offense against persons or property"
2. The act was done with evil intent"
3. Its accomplishment is inherently impossible or that the means employed is either
inade.uate or ineffectual"
4. The act performed should N%T constitute a violation of another provision of the +P!.
I1 t4ere reall5 an im"o11i#le $rime=
&b.ectively, the offender has N%T committed a felony. Sub.ectively, however, he is a
criminal" hence, the law punishes the impossible crime because of the criminal propensity
or tendencies of the perpetrator.
Nature of Impossibiit!:
2 Le/al Im"o11i#ilit5
It would apply to those circumstances where+
The motive, desire, and e(pectation is to perform an act in violation of the law.
1. There is an intention to perform the physical act.
2. There is a performance of the intended physical act.
3. The conse.uence resulting from the intended act does %$" amount to a crime.
6 P451i$al Im"o11i#ilit5
&ccurs when e!traneous circumstances unknown to the actor or beyond his control
prevent the consummation of the intended crime.
(rticle 6
(ut5 of t4e $ourt in $onne$tion wit4 a$t1 w4i$4 14ould #e re"re11ed #ut w4i$4
are not $o!ered #5 t4e law, and in $a1e1 of e0$e11i!e "enaltie1
5henever a court has knowledge of any act which it may deem proper to repress and
which is not punishable by law+
It shall render the proper decision, and
Shall report the matter to the #hief 9!ecutive, through the Cepartment of <ustice, for the
passage of an appropriate law
5hich induces the court to believe that said act )not punished by any law* should be
made the sub.ect of litigation.
In the same way the court shall+
Submit to the #hief 9!ecutive, through the Cepartment of <ustice
Such statement or report as may be deemed proper,
5ithout suspending the e!ecution of the sentence,
5hen a strict enforcement of the provisions of this code would result in the imposition of
a clearly e!cessive penalty.
Taking into consideration the degree of malice and the in.ury caused by the offense.
(rticle D
Con1ummated, *ru1trated, and Attem"ted *elonie1.
#onsummated felonies, as well as those which are frustrated and attempted, are
punishable.
( felony is $on1ummated when all the elements necessary for its e!ecution and
accomplishment are present" and it is fru1trated when the offender performs all the
acts of e!ecution which would produce the felony as a conse'uence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
There is an attem"ted 1ta/e when the offender commences the commission of
a felony directly by overt acts, and does not perform all the acts of e!ecution which
should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.
Element1 of Attem"ted *elon5:
a. the offender commences the commission of the felony directly by overt acts"
b. he does %$" perform all the acts of e(ecution which should produce the felony"
c. the offenders act be %$" stopped by his own spontaneous desistance"
d. the non8performance of all acts of e(ecution was due to cause or accident other than
his spontaneous desistance.
Element1 of *ru1trated *elon5:
a. the offender performs all the acts of e(ecution"
b. all the acts performed would produce the felony as a conse.uence"
c. but the felony is not produced"
d. by reason of causes independent of the will of the perpetrator.
Con1ummated *elon5:
All t4e element1 ne$e11ar5 for it1 e0e$ution and a$$om"li14ment are
"re1ent 9very crime has its own elements which must all be present to constitute a
culpable violation of a precept of law.
*ru1trated felon5 di1tin/ui14ed from attem"ted felon5
1. In both, the offender has accomplished his criminal intent"
2. 5hile in fru1trated felon5, the offender has performed all the acts of e(ecution
which would produce the felony as a conse.uence, in attem"ted felon5 the
offender merely commences the commission of a felony directly by overt acts and
does not perform all the acts of e(ecution. In other words, in fru1trated felon5, the
offender has reached the ob'ective phase" in attem"ted felon5, the offender has
not passed the sub'ective phase.
3. In fru1trated felon5, there is %$ intervention of a foreign or e(traneous cause
between the beginning of the consummation of the crime and the moment when all
of the acts have been performed which should result in the consummated crime" In
attem"ted felon5 there is such intervention and the offender does not arrive at the
point of performing all of the acts which should produce the crime.
Attem"ted or fru1trated felon5 di1tin/ui14ed from im"o11i#le $rime
1. In attem"ted or fru1trated felon5 and im"o11i#le $rime, the evil intent of the
offender is not accomplished.
2. 2ut while in im"o11i#le $rime, the evil intent of the offender cannot be
accomplished" in attem"ted or fru1trated felon5 the evil intent of the offender is
possible of accomplishment.
3. In im"o11i#le $rime, the evil intent of the offender cannot be accomplished
because it is inherently impossible of accomplishment or because the means
employed by the offender is inade'uate or ineffectual" in attem"ted or fru1trated
felon5, what prevented its accomplishment is the intervention of certain cause or
accident in which the offender had no part.
(rticle E
W4en li/4t felonie1 are "uni14a#le.
Li/4t felonie1 are "uni14a#le onl5 w4en t4e5 4a!e #een $on1ummated, with the
9F#9-TI&1 of those committed against persons or property.
Li/4t felonie1 are those infractions of law for the commission of which the
penalty of arresto menor or a fine not e5ceeding 677 pesos or both, is
provided.
The li/4t felonie1 punished by the 3-# are +S-T-A-M-I.:
2 Slight physical in.uries )art. DD*"
6 Theft )art. $G= pars. E and >*"
8 Alteration of boundary marks )art. $1$*"
> Malicious mischief )art. $> par. $" art. $= par. $*"
? Intriguing against honor )art. $D%*
(rticle >
Con1"ira$5 and "ro"o1al to $ommit felon5.
!onspiracy and proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefore.
( $on1"ira$5 e!ists when+
1. Two or more persons come to an agreement concerning the commission of a felony"
and
. Cecide to commit it.
There is proposal when the person who has decided to commit a felony proposes its e!ecution
to some other person or persons.
Kins of Cons#irac!:
1. #onspiracy as a crime
. #onspiracy as a manner or incurring criminal liability
a. E0"re11---conspirators meet and plan prior to the e(ecution" participants are
conspirators prior to the commission of the crime.
b. &mplied---did %$" meet prior to the commission of the crime" they
participated in such a way that they are acting in concert. Con1"ira$5 i1
dedu$ed from t4e manner of $ommi11ion
A1 a $rime Mean1 to $ommit a $rime
Here agreement is sufficient to incur
criminal liability.
&vert acts are necessary to incur
criminal liability.
-unishable only when the law e!pressly
so provides.
&ffenders are punished for the crime
itself.
Con1"ira$5 to commit a felony is punishable in conspiracy to commit Trea1on )art. 116*"
re#ellion or in1urre$tion )art. 1$D*" and 1edition )art. 1%1*. In these cases, the
trea1on, re#ellion or in1urre$tion, and 1edition need not #e a$tuall5 $ommitted
Pro"o1al to commit a felony is punishable in trea1on and re#ellion or in1urre$tion
onl5. In these cases, the Trea1on or re#ellion need not #e a$tuall5 $ommitted
Re'%isites of cons#irac!:
(. That two or more persons come to an a/reement"
). That the agreement concerned the $ommi11ion of a felon5"
*. That the e0e$ution of t4e felon5 #e de$ided u"on
Re'%isites of #ro#osal:
1. that a person has de$ided to $ommit a felon5"
2. That he "ro"o1e1 it1 e0e$ution to 1ome ot4er "er1on or "er1on1
T4ere i1 N% $riminal "ro"o1al w4en:
1. The person who proposes is 1&T determined to commit the felony.
2. There is 1& decided, concrete and formal proposal.
3. it is 1&T the e!ecution of the felony that is proposed
It is N%T ne$e11ar5 t4at t4e "er1on to w4om t4e "ro"o1al i1 made a/ree1 to
$ommit trea1on or re#ellion
The crimes in w4i$4 $on1"ira$5 and "ro"o1al are "uni14a#le are a/ain1t t4e
1e$urit5 of t4e 1tate or e$onomi$ 1e$urit5.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIII
(rticle =
,ra!e felonie1, le11 /ra!e felonie1, and li/4t felonie1
,ra!e felonie1 are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with article 6 of this code.
Le11 /ra!e felonie1 are those which the law punishes with penalties which in their
ma(imum period are correctional, in accordance with the above-mentioned article.
Li/4t felonie1 are those infractions of law for the commission of which the penalty of
arresto menor or a fine not e(ceeding 266 pesos or both, is provided.
T4e affli$ti!e "enaltie1 in a$$ordan$e wit4 arti$le 6? of t4e Code are:
3eclusion perpetua
3eclusion temporal
-erpetual or temporary absolute dis'ualification
-erpetual or temporary special dis'ualification
-rision mayor
T4e followin/ are $orre$tional "enaltie1@
-rision correctional
(resto mayor
Cestierro
(rticle 1G
%ffen1e1 not 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code
%ffen1e1 w4i$4 are or in t4e future ma5 #e "uni14a#le under 1"e$ial law1 are
N%T 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code T4i1 $ode 14all #e 1u""lementar5
to 1u$4 law1, unle11 t4e latter 14ould 1"e$iall5 "ro!ide t4e $ontrar5
The first clause should be understood to mean only that the penal code is not intended
to supersede special penal laws. The latter are controlling with regard to offenses
therein specially punished. Said clause only restates the elemental rule of statutory
construction that the special legal provisions prevail over general ones.
The second clause contains the soul of the article. The main idea and purpose of the
article is embodied in the provision that /the code shall be supplementary0 to special
laws, unless the latter should specially provide the contrary.
CIRC+M,-ANCE, AFFEC-IN. CRIMINAL LIABILI-/:
T4ere are onl5 fi!e +?. 1"e$ifi$all5 "ro!ided for +C%(E: 7EMAA.:
1" 7USTI*3IN, CIRCUMSTANCES-those wherein the acts of the actor are in
accordance with the law, and hence, he incurs no criminal liability.
2" E'EMPTIN, CIRCUMSTANCES-those wherein there is an absence of voluntariness,
and hence, though there is crime, there is no criminal liability.
3" MITI,ATIN, CIRCUMSTANCES-those that have the effect of reducing the penalty
because there is a diminution of any of the elements of C&8& or #;8-( which makes
the act voluntary or because of the lesser perversity of the offender.
4" A,,RAVATIN, CIRCUMSTANCES-those which serve to increase the penalty
without e!ceeding the ma!imum provided by law because of the greater perversity
of the offender as shown by the motivating power of the commission of the crime,
the time and place of its commission, the means employed or the personal
circumstances of the offender.
5" ALTERNATIVE CIRCUMSTANCES-those which are either aggravating or mitigating
according to the nature and effects of the crime and other conditions attending its
commission.
#$ere are two %2" ot$ers w$ic$ are found in t$e pro&isions of t$e '():
1" ABS%LUT%R3 CAUSE-that which has the effect of absolving the offender from
criminal liability, although not from civil liability. It has the same effect as e!empting
circumstances.
2" E'TENUATIN, CIRCUMSTANCES-that which has the effect of mitigating the
criminal liability of the offender.
0ara1ra#" (
Self-defense or defense of ones self

0ara1ra#" )
Cefense of relatives - relatives who can be defended+ Spouse, (scendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by
affinity in the same degree and relatives by consanguinity within the fourth civil
degree.
0ara1ra#" *
(nyone who acts in defense of the person or rights of a stranger, provided that the first
and second re'uisites mentioned in the first circumstance of this article are present and
that the person defending be not induced by revenge, resentment or other evil motive.
(ny person not included in the enumeration of relatives mentioned in paragraph of
this article is considered a stranger for the purpose of paragraph $.
Includes only up to first cousin.
Cistinction must be made between relative and stranger is important because of the
element of evil motive.
0ara1ra#" 2
(ny person who, in order to avoid an evil or in.ury, does an act which causes in.ury to
another, provided that the following re'uisites are present+
@irst. That the evil sought to be avoided actually e!ists"
Second. That the in.ury feared be greater than that done to avoid it"
Third. That there be no other practical or less harmful means of preventing it.
The greater evil should not be brought about by the negligence or imprudence of the
actor.
5hen the accused was not avoiding any evil, he cannot invoke the .ustifying
circumstance of avoidance of a greater evil or in.ury.)-J- vs 3icohermoso 6D S#3(
%$1*.
The evil which brought about the greater evil must not result from a violation of law
by the actor.
0ara1ra#" 3
(ny person who acts in the fulfillment of duty or in the lawful e!ercise of a right or
office.
Re9ui1ite1:
1. That the accused acted in the performance of a duty or in the lawful e!ercise of a
right or duty.
. That the in.ury caused or the offense committed be the necessary conse'uence of
the due performance of duty or the lawful e!ercise of such right or office.
0ara1ra#" 4
.(ny person who acts in obedience to an order issued by a superior for some lawful
purpose.
Re9ui1ite1:
1. That an order has been issued by a superior.
. That such order must be for some legal purpose.
$. That the means used by the subordinate to carry out said order is lawful.
(rticle 1
E'EMPTIN, CICUMSTANCES
#ircumstances which e!empt from criminal liability.
The following are e!empt from criminal liability+
0ara1ra#" (
(n im#e$ile or an in1ane "er1on, unless the latter has acted during a lucid interval.
5hen the imbecile or an insane person has committed an act which the law defines as a
felony )delito*, the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
-&o 5)6 tests for e$em#tion on t"e 1ro%n of Insanit!:
1. the test of C%,NITI%N or whether the accused acted with complete
deprivation of intelligence in committing said crime.
2. the test of V%LITI%N or whether the accused acted in the total deprivation of
freedom of will.
(n imbecile is e!empt in all cases from criminal liability, the insane is not so e!empt
if it can be shown that he acted during a lucid interval.
(n imbecile is one who while advance in age has a mental development comparable
to that of children between two and seven years of age.
To constitute insanity, there must be complete deprivation of intelligence or that
there be a total deprivation of the freedom of the will.
The defense must prove that the accused was insane at the time of the commission
of the crime, because the presumption is always in favor of sanity. If the accused
becomes insane at the trial and not during the commission of the crime, he is still
liable.
9pilepsy may be covered by the term insanity.
@eeblemindedness is not imbecility.
0ara1ra#" ) an *
. ( "er1on under nine 5ear1 of a/e
$. ( "er1on o!er nine 5ear1 of a/e and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with
article 1= of -C DG$.
5hen such minor is ad.udged to be criminally irresponsible, the court, in conformity with
the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance
Arti$le 22
7u1tif5in/ $ir$um1tan$e1.
The following do not incur criminal liability+
0ara1ra#" (. ,elf efense
(nyone who acts in defense of his person or rights, provided that the following
circumstances concur+
*ir1t Unlawful aggression8
Se$ond Reasonable necessity of the means employed to prevent or repel it@
and
T4ird .ac3 of sufficient provocation on the part of the person defending
himself.
Element1:
1* ;nlawful aggression
* reasonable necessity of the means employed to repel it
$* lack of sufficient provocation on the part of the person defending himself
:ind1 of Unlawful A//re11ion:
a. ACTUAL-an attack with physical force or with a weapon. It is a material aggression,
an offensive act which positively determines the intent of the aggressor to cause an
in.ury. It is a physical assault, coupled with a willful disregard of an individuals
personality.
b. IMMINENT-an attack that is impending or at the point of happening. It must not
consist in a mere threatening attitude nor must it be merely imaginary. The
intimidating attitude must be offensive and positively strong.
;nlawful aggression is an indispensable re'uisite.
(ggression must be unlawful
-aramour surprised in the act of adultery cannot invoke self-defense if he killed the
offended husband who was assaulting him.);S vs. Herced $= -hil 1=>*
;nlawful aggression is e'uivalent to assault or at least threatened assault of an
immediate and imminent kind )-eople vs. (lconga E> -hil $DD*.
The danger or peril to ones life or limb must be present, that is, must actually e!ist.
There must be actual physical force or actual use of weapon.
/foot-kick greeting0 is not an unlawful aggression)-eople vs. Sabio 1= S#3( =G1*
1o unlawful aggression when there is no imminent and real danger to the life and
limb of the accused.
( strong retaliation for an in.ury or threat may amount to an unlawful aggression);S
vs. #arerro = -hil 6%%*
The attack made by the deceased and the killing of the deceased by the defendant
should succeed each other without appreciable interval of time.)-eople vs. (rellano
#.( 6% &.4. E6*
The unlawful aggression must come from the person who was attacked by the
accused.
( public officer e!ceeding his authority may become unlawful aggressor.)-eople vs.
Bernande, 6= -hil $%$*
1ature, character, location and e!tent of wound of the accused allegedly inflicted by
the in.ured party may belie claim of self defense.)-eople vs. Tolentino 6% -hil EE*
Improbability of the accused being the aggressor belies the claim of self defense.
)-eople vs. Cia, 66 S#3( 1E>*
The fact that the accused declined to give any statement when he surrendered to a
policeman is inconsistent with the plea of self defense.)-eople vs. Hanansala $1
S#3( %G1*
5hen the aggressor flees, unlawful aggression no longer e!ists.)-eople vs. (lconga
E> -hil $DD*
1o unlawful aggression when there is agreement to fight.
&ne who voluntarily .oined a fight cannot claim self defense.
There is unlawful aggression even if the aggressor used a toy pistol, provided that
the accused believed it was a real gun.)-eople vs. 2oral 11 #( 3ep. =1%*
Here threatening attitude is not unlawful aggression.);S vs. 4uy-Sayco 1$ -hil =*
The reasonableness of the necessity depends upon the circumstances.
The person defending is not e!pected to control his blow.
0ara1ra#" ). 7efense of Relatives
(nyone who acts in defen1e of t4e "er1on or ri/4t1 of 4i1 1"ou1e,
a1$endant1, de1$endant1, or le/itimate, natural, or ado"ted #rot4er1 or
1i1ter1 or of 4i1 relati!e1 #5 affinit5 in t4e 1ame de/ree1, and t4o1e #5
$on1an/uinit5 wit4in t4e fourt4 $i!il de/ree, provided that the first and second
re'uisites prescribed in the ne!t preceding circumstance are present, and the further
re'uisite , in case the provocation was given by the and education" otherwise, he shall
be committed to the care of some institution or person mentioned in article 1= of -C
DG$.
0erios of "%man life %ner t"e R0C:
(bsolute irresponsibility = years and below
#onditional responsibility K=, L16
@ull responsibility 1>-EG
Hitigated responsibility
1" K=,L16-offender acting with
discernment.
* 16, L1>
$* over EG
0res%m#tions:
i. Con$lu1i!e Pre1um"tion-if the age of the minor does not e!ceed = years, he is
conclusively e!empt from criminal liability.
ii. Re#utta#le Pre1um"tion-if the minor is over = but under 16, he is disputably
presumed not criminally liable but the prosecutor can present evidence that he
acted with discernment. If its proven that he acted with discernment, he is
criminally liable.
;nder nine years to be construed as nine years or less.
There is absolute irresponsibility in the case of a minor under nine years of age.
(ge computed up to the time of commission of crime.
Senility although said to be the second childhood, is only mitigating
The minor must have acted without discernment.
The minor under 16 years acted without discernment is presumed.
Ciscernment means the mental capacity of a minor between = and 16 years of age
to fully appreciate the conse'uences of his unlawful act.)-eople vs 1avarro #( 61
&4 %GD*.
@acts from which age is presumed must be stated for the record.
The allegation of /with intent to kill0 in the information is sufficient allegation of
discernment.
It is based on complete absence of intelligence.
Conition for s%s#ension of sentence if minor:
1. The crime committed should not carry the penalty of life or death"
2. Be should not have been given the benefit of suspension of sentence before.
3. Bis age at the time of the promulgation of .udgment must be below 1>, even though at
the time of the commission of the crime, he was over = and below 16 years of age.
4. if the offender is above 16, but below 1>, there is no e!emption anymore but he is also
given the benefit of a suspended sentence under the three preceding conditions. If the
sentence is promulgated, the court will impose a penalty 1 degree lower and in the
proper periods sub.ect to rules in (rt. D%.
Note: under Se$tion ? of RA A?8B +*amil5 Court Law., t4ere i1 no need to a""l5
or file a Petition for 1u1"en1ion of 1enten$e T4e law mandate1 an automati$
1u1"en1ion of 1er!i$e of 1enten$e of t4e 5out4ful offender
NO-E:
%n A"ril 6A, 6CCD, ,loria Arro5o 1i/ned into law Re"u#li$ A$t B8>> ot4erwi1e
<nown a1 E7UVENILE 7USTICE and WEL*ARE ACT %* 6CCDF T4e law #e$ame
effe$ti!e on Ma5 62, 6CCD
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt
from criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a
crime, he is not e!empt from criminal liability unless it is shown that he acted with
discernment. Bowever, should the minor above fifteen but below eighteen be found
guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all
cases, the minor offender must be referred to the appropriate government agency for
rehabilitation.
#onditions for suspension of sentence of minor+
1. The crime committed should not #e "uni14a#le #5 t4e "enalt5 of life
im"ri1onment or t4e deat4 "enalt5
2. The minor should not 4a!e #een /i!en t4e #enefit of 1u1"en1ion of
1enten$e #efore.
3. The age of the minor at the time of the promulgation of .udgment must be
#elow ei/4teen +2A., e!en t4ou/4 at t4e time of t4e $ommi11ion of t4e
$rime, 4e wa1 o!er nine +B. and #elow fifteen +2?. 5ear1 of a/e
4. If the offender i1 a#o!e fifteen +2?., #ut #elow ei/4teen +2A., there is no
e!emption anymore but he is also given the benefit of a suspended sentence
under the three preceding conditions. If the sentence is promulgated, the court
will impose a penalty one )1* degree lower and in the proper periods sub.ect to
rules in (rt. D%.
0ara1ra#" 2
(ny person who, while performing a lawful act with due care, causes an in.ury by mere
a$$ident without fault or intention of causing it.
A$$ident-any happening beyond the control of a person the conse'uence of which are
not foreseeable.
Element1:
1. ( person is performing a lawful a$t
2. 5ith due $are
3. Be causes an in;ur5 to another by mere a$$ident
4. Wit4out fault or intention of causing it.)-J- vs Mitug > #(3 NsO =G6, =G=*
;.S. vs. Tanedo 16 -hil 1=D+ The accused fired at the wild chicken. The shot recoiled and
hit a visiting cousin. Beld+ (ccident
0ara1ra#" 3
(ny person who acts under the $om"ul1ion of an irre1i1ti#le for$e
Element1:
1. That the compulsion is by means of "451i$al for$e.
2. That the physical force must be irre1i1ti#le.
3. That the physical force must come from a t4ird "er1on.
The irresistible force must produce such an effect upon the individual that, in spite of
all resistance, it redu$e1 4im to a mere in1trument, and a1 1u$4, in$a"a#le of
$ommittin/ a $rime Be must act not only without a will but against his will.
0ara1ra#" 4
(ny person who acts under the impulse of an un$ontrolla#le fear of an e9ual or
/reater in;ur5
Element1:
1. That the threat which caused the fear is of an evil /reater t4an or at lea1t e9ual
to, that which he is re'uired to commit.
2. That it promises an e!il of 1u$4 /ra!it5 and imminen$e t4at t4e ordinar5 man
would 4a!e 1u$$um#ed to it);S vs. 9licanal $6 -hil G=*
( grave fear is not uncontrollable if there was an opportunity to verify ones fear.
0ara1ra#" 8
(ny person who fails to perform an act re'uired by law, when prevented by some lawful
or in1u"era#le $au1e
Element1:
1. That an act is re9uired #5 law to #e done
2. That a person fail1 to "erform 1u$4 a$t
3. That his failure to perform such act was due to 1ome lawful or in1u"era#le
$au1e
Arti$le 28
Cla11e1 of miti/atin/ $ir$um1tan$e1:
1. %rdinar5 miti/atin/- those enumerated in subsections 1-1G of article 1$.
2. Pri!ile/e miti/atin/- those mentioned in articles D>, D=, D%.
(i1tin$tion1
%rdinar5 Pri!ile/ed
(s to
nature
#an be offset by generic
aggravating circumstances
#an never be offset by
aggravating circumstances.
(s to If not offset, will operate to &perates to reduce the penalty by
effect reduce the penalty to the
minimum period, provided, the
penalty is divisible.
1 or degrees depending upon
what the law provides.
%rdinar5 miti/atin/ is susceptible of being offset by any aggravating circumstance"
while "ri!ile/ed miti/atin/ cannot be offset by aggravating circumstance.
%rdinar5 miti/atin/, if not offset by aggravating circumstance, produces only the
effect of applying the penalty provided by law for the crime in its minimum period, in
case of divisible penalty" whereas, "ri!ile/ed miti/atin/ produces the effect of
imposing upon the offender the penalty lower by one or two degrees than that provided
by law for the crime.
Miti/atin/ $ir$um1tan$e1
The following are mitigating circumstances+
0ara1ra#" (
Those mentioned in the preceding chapter, when all the re'uisites necessary to .ustify
the act or to e!empt from criminal liability in the respective cases are not attendant
(ll the re'uisites necessary to .ustify the act are not attendant. In$om"lete 1elf
defen1e, defen1e of relati!e1, and defen1e of 1tran/er 1ote that in these
three classes of defense, unlawful aggression must be present, it being an
indispensable re'uisite. 5hat is absent is either one or both of the last two
re'uisites.
In$om"lete e0em"tin/ $ir$um1tan$e of minorit5 o!er nine and under fifteen
5ear1 of a/e If the minor over = and under 16 years of age acted with
discernment, he is entitled only to mitigating circumstance, because not all
re'uisites necessary to e!empt from criminal liability are present.
In$om"lete e0em"tin/ $ir$um1tan$e of a$$ident ;nder %
th
par. of article 1,
four re'uisites must be present. If the
nd
re'uisite and the first part of the %
th
re'uisite are absent, the case will fall under article $D6 which punishes a felony by
negligence or imprudence. In effect, there is mitigating circumstance because the
penalty is lower than that provided for intentional felony.
0ara1ra#" )
T4at t4e offender i1 under 2A 5ear1 of a/e or o!er GC 5ear1. In the case of the
minor, he shall be proceeded against in accordance with article 1= of -C DG$.
It $ontem"late1 t4e followin/:
1. (n offender over = but under 16 years of age who acted with discernment.
. (n offender 16 or over but under 1> years of age
$. (n offender over EG years old.
0ara1ra#" *
That the offender 4ad no intention to $ommit 1o /ra!e a wron/ a1 t4at
$ommitted
It can be taken into account only when the facts proven show that there is a notable and
evident disproportion between the means employed to e!ecute the criminal act and its
conse'uences.);S vs 3eyes $D -hil =G%*
0ara1ra#" 2
That 1uffi$ient "ro!o$ation or t4reat on t4e "art of t4e offended "art5
immediatel5 "re$eded t4e a$t
Re9ui1ite1:
1. That the provocation must be sufficient.
. That it must originate from the offended party.
$. That the provocation must be immediate to the act, i.e., to the commission of the
crime by the person who is provoked.
Immediate+ if there is a break of time before the provocation or threat and
the conse'uent commission of the crime, the law presupposes that during
that interval, whatever anger or diminished self-control may have emerged
from the offended party had already vanished or disappeared.
#3IT93I(+
1. TIME If from the element of time, there is a material lapse of time stated in the
problem that the effect of the threat or provocation had prolonged and affected the
offender at the time he committed the crime, then use the criterion based on the
time element.
2. Bowever, if there is that time element and at the same time, facts are given
indicating that at the time the offender committed the crime, he is still suffering
from outrage of the threat or provocation done to him, then he will still get the
benefit of a mitigating circumstance.
0ara1ra#" 3
That the act was committed in the immediate !indi$ation of a /ra!e offen1e to t4e
one $ommittin/ t4e felon5 +delito., his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same
degrees.
Re9ui1ite1:
1. That there be a grave offense done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degrees"
. That the felony is committed in vindication of such grave offense. ( lapse of time is
allowed between the vindication and the doing of the grave offense.
0ara1ra#" 4
That of having acted upon an impulse so powerful as naturally to have "rodu$ed
"a11ion or o#fu1$ation
Re9ui1ite1@
1. The accused acted upon an impulse"
. The impulse must be so powerful that it naturally produced passion or obfuscation.
5hen there are causes naturally producing in a person natural e!citement,
he loses his reason and self-control, thereby diminishing the e!ercise of his
will power.);S vs Salandanan 1 -hil %D%*
-assion or obfuscation may constitute a mitigating circumstance only when
the same arose from lawful sentiments.
The act of the offended party must be unlawful or un.ust.
9!ercise of a right or fulfillment of duty is not proper source of passion of
obfuscation.)-J- vs 1oynay 6> -hil $=$*
The "a11ion or o#fu1$ation must arise from an act which is+
1. !oming from the offended party.
2. unlawful
). naturally strong as to condition the mind of the offender to commit the crime
4. %ot far removed from the commission of the crime.
0ara1ra#" 8
That the offender had !oluntaril5 1urrendered 4im1elf to a person in authority or his
agents, or that he had !oluntaril5 $onfe11ed his guilt before the court prior to the
presentation of evidence for the prosecution.
Re9ui1ite1 of !oluntar5 1urrender:
1. That the offender had not #een a$tuall5 arre1ted
2. That the offender 1urrendered 4im1elf to a "er1on in aut4orit5 or to t4e
latterH1 a/ent
8 That the surrender was !oluntar5 and 1"ontaneou1
If after committing the crime, the offender did not flee and he went with the
law enforcers meekly, voluntary surrender is not applicable.
If after committing the crime, he did not flee, instead waited for the law
enforcers to arrive and he surrendered the weapon he used in killing the
victim, there is voluntary surrender as he had the opportunity to go into
hiding.
9ol%ntar! 0lea of .%ilt
Curing arraignment, not preliminary investigation+ voluntary plea of guilt contemplates
of an arraignment at which the accused voluntarily enters a plea of guilt and admission
of guilt during preliminary investigation is immaterial.
Requisites of Voluntary Plea of Guilt:
1" it must be un$onditional
6. 1"ontaneou1
3" "rior to t4e "re1entation of e!iden$e by the prosecution
4" at the earlie1t "o11i#le time
5" Before a $ourt competent to try the same.
0ara1ra#" :
That the offender i1 deaf and dum#, #lind, or ot4erwi1e 1ufferin/ 1ome "451i$al
defe$t which thus restricts his means of action, defense or communication with his
fellow beings.
%hysical defect must restrict means of action, defense or communication with
fellow beings.
This provision does not distinguish between educated and uneducated deaf-mute or
blind persons. It considers them on e'ual footing.
0ara1ra#" ;
Such illne11 of the offender as would diminish the e!ercise of the will power of the
offender without however depriving him of the consciousness of his acts.
Re9ui1ite1:
1. That the illness of the offender must dimini14 t4e e0er$i1e of 4i1 will "ower
2. That such illness should not de"ri!e t4e offender of t4e $on1$iou1ne11 of 4i1
a$t1
5hen the offender $om"letel5 lo1t t4e e0er$i1e of will-"ower, it may be an
e0em"tin/ $ir$um1tan$e.
It is said that this paragraph refers only to diseases of pathological state that trouble the
conscience or will.
0ara1ra#" (<
(nd, finally, an5 ot4er $ir$um1tan$e1 of a 1imilar nature and analo/ou1 to t4o1e
a#o!e mentioned
This authori,es the court to consider in favor of the accused /any other circumstance of
a similar nature and analogous to those mentioned0 in pars.1-= of article 1$.
(rticle 1%
A//ra!atin/ $ir$um1tan$e1
The following are aggravating BASIS:
circumstances+
They are based on the greater perversity of the offender manifested in the commission
of the crime as shown by+
1* the motivating power itself
* the place of commission
$* the means and ways employed
%* the time
6* the personal circumstances of the offender, or the offended party.
Classification:
1" ,eneri$-those that generally apply to all crimes
2" S"e$ifi$-those that apply only to a particular crime
3" Iualif5in/-those that change the nature of the crime.
4" In4erent-those that must of necessity accompany the commission of the crime.
,ENERIC IUALI*3IN,
#ircumstance can be offset by an
ordinary mitigating circumstance.
It cannot be offset by any mitigating
circumstance
1o need to allege this in the
information, as long as it is
proven during the trial. If it is
proven during the trial, the court
would consider the same in
imposing the penalty.
Hust be specifically alleged in the
information. If not, but proven during the
trial, it will be considered only as generic.
0ara1ra#" ( an )
1. That advantage be taken by the offender of his public position.
. That the crime be committed in contempt of or with insult to the public authorities.
'e*uisites:
1* the public authority is engaged in the discharge of his duties.
* he is not the person against whom the crime is committed" and
$* the offender knows of the identity of the public authority.
0ara1ra#" *
That the act be committed with insult or in disregard of the respect due to the
offended party on account of his rank, age, or se!, or it be committed in the dwelling of
the offended party, if the latter has not given provocation.
There must be proof that the accused deliberately intended to offend or insult the
age or se! of the offended party.
1ot applicable in crimes against property.
Cwelling should not be understood in the concept of domicile.
It must not be the dwelling of the offender.
Cwelling need not be owned by the offended party. It is enough that he used the
place for his peace of mind, comfort and privacy.
0ara1ra#" 2 an 3
%. That the act be committed with abuse of confidence or obvious ungratefulness.
6. That the crime be committed in the palace of the #hief 9!ecutive, or in his presence,
or where public authorities are engaged in the discharge of their duties or in a place
dedicated to religious worship.
'e*uisites:
1* the offended party has trusted the offender.
* the offender abused that trust.
$* the abused facilitated the commission of the crime.
If the confidence is reposed by another, the offended party is different from
the one who reposed the confidence and abuse of confidence in that case is
not aggravating.
Para/ra"4 D and G
D. That the crime be committed in the nighttime or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
5henever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
E. That the crime be committed on the occasion of a conflagration, shipwreck,
earth'uake, epidemic, or other calamity or misfortune.
+ements:
1* the circumstance of night time
2" They facilitate the commission of the crime to conceal the offense, ease the
e!ecution or escape.
If all these aggravating circumstances concur in the commission of the crime, all will
constitute one aggravating circumstance.
Ni/4t time, Re9ui1ite1:
1* night time facilitated the commission of the crime" or
* the offender took advantage thereof"
$* it was sought for impunity, or to insure escape, or prevent himself from being
identified.
Unin4a#ited "la$e is determined by the distance of the nearest house to the scene of
the crime but whether or not in the place of the commission of the crime, there was a
reasonable possibility of the victim receiving some help.
,and- 'e*uisites:
1* offenders are at least four
* who are armed
$* who took direct part in the e!ecution of the crime.
0ara1ra#" :
That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
'e*uisites:
1" (rmed person took part in the commission of the crime, directly or indirectly.
2" (ccused availed of their aid or relied upon them when the crime was committed.
It is not aggra&ating:
1" 5here the offender and the offended party are e'ually armed.
2" If the person committing the crime and the armed men are in conspiracy. (id of
armed men is absorbed.
0ara1ra#" ; an (<
=. That the accused is a recidivist.
I. ( recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final .udgment of another crime embraced
II. In the same title of this #ode.
1G. That the offender has been previously punished for an offense to which the law
attaches an e'ual or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
RECI7I9I,M, efine.
Is one who, at the time of his trial for one crime, shall have been previously convicted
by final .udgment of another crime embraced in the same Title.
Reason for =ein1 a11ravatin1:
The implication is that the offender is speciali,ing on such kind of crime and the law
wants to prevent any speciali,ation.
It does not prescribe
-ardon does not erase recidivism, even if it is absolute, because pardon only e!cuses
the service of the penalty, but not the conviction.
If recidivism is not alleged in the information, it shall be considered as a generic
aggravating
&a#itual
delin9uen$5
Re$idi!i1m Reitera$ion Iua1i-
re$idi!i1m
@ound guilty a
third time or
oftener.
&nce, prior
conviction
&ne )or more*
previous punishment
&ne prior
conviction
SeriousJless
serious physical
in.uries. 3obbery,
theft, estafa, or
falsification
(n offense
embraced in the
same Title of the
3-#.
&ne offense which
the law attaches an
e'ual or greater
penalty or two
offenses to which the
law attaches a
lighter penalty.
(ny offense
Imposition of
additional penalty.
4eneric
aggravating
4eneric aggravating Special
aggravating.
Re$idi!i1m Iua1i-Re$idi!i1m
convictions, at least convictions at least
@elony must be embraced under the
same title of the 3-#.
(ny felony
Imprescriptible
nd
felony must be committed after
conviction by final .udgment of the 1
st
but
before sentence begins or while serving
sentence.
4eneric aggravating Special aggravating
1eed not be alleged in the
information
Hust be alleged in order to be considered
by the court.
Re$idi!i1m Reitera$ion
convictions are
enough
(t least convictions, if the law attaches an e'ual or
greater penalty" at least $ if succeeding crimes have
lighter penalty. Hust already served sentence.
@elony embraced
under the same title of
the 3-#.
@elony depends on the gravity of the penalty attached
thereto
4eneric aggravating. 4eneric aggravating
&a#itual
delin9uen$5
Reitera$ion
(t least $ convictions (t least convictions, if the law attaches an e'ual or
greater penalty" $ if the law attaches a lighter penalty.
#rimes are specified #rimes are not specified
1G years prescriptive
period
Imprescriptible
Special aggravating 4eneric aggravating
Re$idi!i1m &a#itual delin9uen$5
convictions are
enough
(t least $ convictions
The crimes are not
specified. It is enough
that they are
embraced under the
same title of the 3-#
The crimes are limited and specified+ a. serious physical
in.uries, b. less serious physical in.uries, c. robbery, d.
theft, e. estafa or swindling, and f. falsification.
Imprescriptible The limit of 1G years between every conviction or
release from punishment.
4eneric aggravating Special aggravating
#ircumstance need not
be alleged in the
information
#ircumstance must be alleged in the information"
otherwise, the court cannot ac'uire .urisdiction to
impose additional penalty.
0ara1ra#" (( an ()
11. That the crime be committed in consideration of a price, reward, or promise.
1. That the crime be committed by means of inundation, fire, poison, e!plosion,
stranding of a vessel or intentional damage thereto, derailment of a locomotive,
or by the use of any other artifice involving great waste and ruin.
The inducement must be the PRIMAR3 C%NSI(ERATI%N in the commission of
the crime.
2oth the giverJs and receiverJs are offenders.
0ara1ra#" (*
That the act be committed with the evident premeditation.
Conitions:
1* the time when the accused determined to commit the crime.
* an act manifestly indicating that the accused has clung to his determination.
3" Sufficient lapse of time between such determination and e!ecution, to allow him
to reflect upon the conse'uences of his act.
9vident premeditation shall not be considered when the crime refers to a
different person other than the person premeditated against.
-remeditation must be clear.
It is re'uired that there be evidence showing meditation between the
time when the offender determined to commit the crime and the time
when the offender e!ecuted the act. It must appear that the offender
clung to his determination to commit the crime.
Some $rime1 w4ere e!ident "remeditation i1 a#1or#ed+
1* kidnapping for ransom
2" 3obbery with force upon things where there is entry into the premises of the
offended party.
$* estafa through false pretenses where the offender employs insidious means
which cannot happen accidentally.
0ara1ra#" (2
That craft, fraud, or disguise be employed.
Craft- intellectual cunning or trickery
*raud- insidious words or machinations
(i1/ui1e- to enable the offender to conceal his identity and to escape it must
conceal the identity of the offender, if he is recogni,ed, the disguise will not be
considered aggravating.
0ara1ra#" (3
That advantage is taken of superior strength, or means be employed to weaken the
defense.
Intentional employment of e!cessive means out of proportion to the means of
defense available to the offended party.
0ara1ra#" (4
That the act be committed with treachery )alevosia*.
There is treachery when the offender commits any of the crimes against the person,
employing means, methods or forms in the e!ecution thereof which tend directly and
specially to insure its e!ecution, without risk to himself arising from the defense which
the offended party might make.
Re9ui1ite1:
1" The malefactors employ such means, methods or manner of e!ecution that ensures
his or her safety from the defensive or retaliatory act of the victim.
2" Such means, method or form of e!ecution is consciously or deliberately adopted by
the accused.
TREAC&ER3, defined
The employment of means, method and form in the commission of the crime which tend
directly and specially to insure its e!ecution without risk to himself arising from the
defense which the offended party might make.
0ara1ra#" (8
That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
I/nomin5 Cruelt5
Shocks moral conscience -hysical
Horal effect of a crime and it
pertains to the moral order,
whether or not the victim is dead or
alive
-ertains to the physical suffering of the victim
so the victim has to be alive.
0ara1ra#"s (:, (; an )<
1>. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the
purpose.
1=. That as a means to the commission of a crime a wall, roof, floor, door, or
window be broken.
G. That the crime be committed with the aid of persons under fifteen years of age,
or by means of motor vehicle, airships, or other similar means.
0ara1ra#" )(
That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.
There must be evidence showing the accused inflicted the alleged wounds slowly
and gradually and that he is delighted in seeing the victim suffer in pain. In the
(2S91#9 of this effect, there is no cruelty
Article (3
Alternati!e Cir$um1tan$e1
Alternati!e $ir$um1tan$e1 are t4o1e w4i$4 mu1t #e ta<en into $on1ideration
a1
1* aggravating or mitigating according to the nature and effects of the crime, and
2" The other conditions attending its commission.
They are+
1* relationship
* into!ication
3" Cegree of instruction and education of the offender.
RELATI%NS&IP
It shall be taken when the offended party is the+
a* spouse
b* ascendant
c* descendant
d* legitimate, natural or adopted brother or sister, or
e" 3elative by affinity in the same degree of the offender.
'eations$ip is e.empting w$en:
a* accessory is related to the principal )(rt. G*
b* a spouse does not incur criminal liability for a crime of less serious physical in.uries
or serious physical in.uries if it was inflicted after having surprised the offended
spouse and the paramour actually in the act of having se!. )(rt. %E*
c* in the crimes of theft, malicious mischief and estafa, if the offender is the spouse,
ascendant , or descendant or if the offender is a sister or brother-in-law of the
offended party and they are living together. )(rt. $$* this is an absolutory cause.
'eations$ip is *uaif!ing w$en:
a* ?ualified seduction+ brother )(rt. $$E*
b* 3ape )(rt. $$6*+ when the victim is under 1> years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within
the third civil degree, or the common-law-spouse of the parent of the victim.
Relation14i" i1 miti/atin/, generally, in crimes against property.
Relation14i" i1 a//ra!atin/ in crimes against person, chastity and honor.
INT%'ICATI%N
Into!ication is ipso facto mitigating, thus if the prosecution wants to deny the offender
the benefit of this mitigating, they should prove that it is &ABITUAL and
INTENTI%NAL
It i1 miti/atin/ w4en+
The offender has reached that degree of into!ication where he has no control of himself.
It is not the number of drinks he had that will determine this but the conduct of the
offender, the manner of committing the crime, and his behavior after committing the
crime.
7E.REE OF IN,-R+C-ION AN7 E7+CA-ION
It is mitigating in most crimes, E'CEPT where the natural law posits the general and
obvious rule that said crime should not be done, like rape, murder, or robbery.
It is aggravating when the offender used his education in the commission of the crime.
-itle )
PERS%NS CRIMINALL3 LIABLE *%R *EL%NIES
Arti$le 2D
The following are criminally liable for ,RAVE AN( LESS ,RAVE *EL%NIES+
2. Prin$i"al1
6. A$$om"li$e1
8. A$$e11orie1
T4e followin/ are $riminall5 lia#le for LI,&T *EL%NIES:
2. Prin$i"al1
6. A$$om"li$e1
It is necessary to classify offenders when more than 1 took part in the commission of the
crime to determine the proper penalty. If only 1 person committed a crime, do not use
the term principal.
5hen there are several participants, the first thing to do is find out if there is
C%NSPIRAC3 Bowever, if the participation of 1 is so insignificant, such that even
without his cooperation, the crime would be committed .ust as well, then
notwithstanding the e!istence of a conspiracy, such offender may be regarded only as
an accomplice. The reason for this is that the law favors a milder form of criminal
liability if the act of the participant does not demonstrate clear perversity.
Arti$le 2G
The following are considered principal+
1" Those who take a direct part in the e!ecution of the act"
2" Those who directly force or induce others to commit it"
3" Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.
IN(UCEMENT+
&ne strong enough that the person induced could hardly resist. This is
tantamount to an irresistible force compelling the person induced to carry out the
e!ecution of the crime.
Ill advised language is not enough, unless he who made such remark or advice is a co-
conspirator in the crime committed.
Wa51 of #e$omin/ a "rin$i"al #5 indu$ement:
1. by directly forcing another to commit a crime, and
by using irresistible force"
by causing uncontrollable fear.
. by directly inducing another to commit a crime.
2y giving price or offering reward or promise"
2y using words of command.
Re'%isites:
1* that the inducement be made directly with the intention of procuring the
commission of the crime.
* that such inducement be the determining cause of the commission of the
crime.
The one who induced is merely an accomplice if he merely goaded or provided
encouragement to the offender.
If the inducement was made while the crime is already taking place, inducement
cannot be said to be the reason for the felonious act.
W"o ma! =e consiere as a #rinci#al =! inis#ensa=le coo#eration>
The basis is the importance of the cooperation to the consummation of the crime. If the
crime could hardly be committed without such cooperation, then such cooperation would
bring about a principal. 2ut if the cooperation merely facilitated or hastened the
consummation of the crime, this would make the cooperator merely an accomplice.
In case of doubt, favor the lesser penaltyJliability.
Arti$le 2A
(ccomplices are those persons who, not being included in article 1E, cooperate in the
e!ecution of the offense or simultaneous acts.
(ccessories before the fact
The cooperation is not indispensable.
Re9ui1ite1:
a. That there be community of design" i.e., knowing the criminal design of the principal
by direct participation, he concurs with the latter in his purpose"
b. That he performs previous or simultaneous acts that are not indispensable to the
commission of the crime.
A$$om"li$e Co-$on1"irator
8iability is 1 degree lower than that of
the principal.
8iability is collective, not individual.
#ame to know of the criminal
intention after the principals have
reached a decision.
Pnow of the criminal intention as he is one of
the authors.
Herely concur and cooperate in the
commission of the crime.
Cecide to commit the crime.
Herely the instruments who perform
essential acts for the perpetration of
the offense.
(uthors of the crime.
(cts are not indispensable. (cts are indispensable.
Arti$le 2B
A$$e11orie1 are those who, having knowledge of the commission of the crime,
and without having participated therein, either as principals or accomplices, take part
subse'uent to its commission in any of the following manners+
1. 2y profiting themselves or assisting the offender to profit by the effects of the crime.
2. 2y concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
$. by harboring, concealing or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder, or an attempt to take the
life of the #hief 9!ecutive, or is known to be habitually guilty of some other crime.
&ne cannot be an accessory unless he knows of the commission of the crime.
&ne must not have participated in the commission of the crime. The
accessory comes into the picture when the crime is already consummated.
In1tan$e1 w4en an a$$e11or5 ma5 #e $on!i$ted wit4out $on!i$tion on t4e "art
of t4e "rin$i"al:
1" if the act committed by the accessory is under subsection 1 and "
* if the principal is ac'uitted by reason of an e!empting circumstance"
$* if the principal is not in the custody of proper authorities"
%* if the accessory helped the principal to escape.
Arti$le 6C
The penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their
+ Spouses,
+ (scendants,
+ Cescendants,
+ 8egitimate, natural and adopted brothers and sisters, or
+ 3elatives by affinity within the same degree
5ith the SIN,LE E'CEPTI%N of accessories falling within the provisions of paragraph 1
of the ne!t preceding article.
(n a$$e11or5 is not al1o lia#le if the felony committed is a li/4t felon5.
-itle *
0ENAL-IE,
0ENAL-/, efine.
It is the suffering that is inflicted by the state for the transgression of a law.
?%icial conitions of #enalt!:
1. Hust be productive of suffering, without however affecting the integrity of the
human personality
2. Hust be proportionalJcommensurate with the offense.
3. Hust be personal
4. Hust be legal
5. Hust be certain
6. Hust be e'ual for all
7. Hust be correctional
-"eories ?%stif!in1 0enalt!:
1. PREVENTI%N Q the state must punish the criminal to prevent or suppress the
danger to the state arising from the criminal acts of the offender.
2. SEL*-(E*ENSE Q the state has a right to punish the criminal as measure of self-
defense so as to protect society from the threat and wrong inflicted by the criminal.
3. RE*%RMATI%N Q the ob.ect of punishment in criminal cases is to correct and reform
the offender.
4. E'EMPLARIT3 Q the criminal is punished to serve as e!ample to deter others from
committing crimes.
5. 7USTICE J that crime must be punished by the state as an act of retributive .ustice,
a vindication of absolute right and moral law violated by the criminal.
MEASURES %* PREVENTI%N %* SA*ET3 W&IC& ARE N%T C%NSI(ERE(
PENALTIES:
The arrest and temporary detention of accused persons as well as their detention
of accused person as well
1. as their detention by reason of insanity, or imbecility or illness re'uiring their
confinement in a hospital.
. The commitment of a minor to any of the institutions mentioned in (rt. >G for the
purposes specified therein.
$. Suspension from the employment or public office during the trial or in order to
institute proceedings.
%. @ines and other corrective measures, which, in the e!ercise of their
administrative disciplinary powers, superior officials may impose upon their
subordinate.
6. Ceprivation of rights and reparations which the civil laws may establish in penal
form.
The 3-# specifies that such detention shall not be considered as a penalty but
merely a preventive measure because this gives .ustification for detaining the accused.
&therwise, the detention would violate the constitutional provision that no person shall
deprived of life, liberty and property without due process of law. (nd also, the
constitutional right of an accused to be presumed innocent until the contrary is proved.
CLASSI*ICATI%N %* PENALT3:
1. PRINCIPAL PENALTIES Q those e!pressly imposed by the court in the .udgment of
conviction.
-rincipal penalties may either be+
- divisible and does that have fi!ed duration and are divisible into three )$* periods+
- indivisible those which have no fi!ed duration
Indivisible penalties are+
- death
- reclusion perpetua
- perpetual absolute or
special dis'ualification
- public censure
CASSI!ICA"I#$ #! P%$A"I%S:
AS T% SUB7ECT MATTER AS T% ,RAVIT3
#orporal )death* #apital
Ceprivation of freedom )reclusion, prision,
arresto*
(fflictive
3estriction of freedom )destierro* #orrectional
Ceprivation of rights )dis'ualification and
suspension*
8ight
-ecuniary fine

&'RA"I#$ #! %AC( &I!!%R%$" P%$A"I%S:
1. PERPETUAL PENALTIES Q convict pardoned after undergoing the penalty for $G
years, e!cept when he is not worthy of pardon by reason of his conduct or some
other serious cause.
2. RECLUSI%N TEMP%RAL Q 1 years and 1 day to G years.
3. PRISI%N MA3%R AN( TEMP%RAR3 (ISIUALI*ICATI%N Q D years and 1 day
to 1 years, e!cept when dis'ualification is accessory penalty, in which case its
duration is that of the principal penalty.
4. PRISI%N C%RRECTI%NAL, SUSPENSI%N AN( (ESTIERR% Q D months and 1
day to D years, e!cept when suspension is an accessory penalty, in which case its
duration is that of the principal penalty.
5. ARREST% MA3%R Q 1 month and 1 day to D months.
6. ARREST% MEN%R Q 1 day to $G days
7. B%N( T% :EEP T&E PEACE Q the period during which the bond shall be
effective is discretionary to the court.
(ESTIERR% Q Is a punishment whereby a convict is banished to a certain place
and is prohibited from entering or coming near that place designed in the sentence,
within a radius not less than 6 kilometers, nor more than 6G kilometers.
If the convict should enter the prohibited places, he commits the crime of 9vasion of
Service of sentence under (3T. 16E, 3-#.
(ESTIERR% IS IMP%SE( IN T&E *%LL%WIN, SITUATI%NS:
1. 5hen a legally person who had surprised his or her spouse in the act of se!ual
intercourse with another and while in that act, or immediately thereafter, should kill
or inflict serious physical in.uries upon the other spouse andJor the paramour or
mistress.
. In the crime of grave threat or light threat, when the offender is re'uired to put a
bond for good behavior but failed or refused to do so under (3T. >%, such convict
shall be sentenced to Cestierro so that he would not be able to carry out his threat.
$. In the crime of concubinage, the penalty prescribed for the concubinage is Cestierro
under (3T. $$%.
4. 5here the penalty prescribed by law is (rresto Hayor but then, the offender is
entitled to a privileged mitigating circumstance and lowering the prescribed penalty
by one degree, the penalty one degree lower is Cestierro. So it shall be the penalty
to be imposed.
(eat4 Penalt5 14all not #e im"o1ed in t4e followin/ in1tan$e1:
1. 5hen the guilty person is below 1> years of age at the time of the commission of the
crime.
2. Is more than EG years of age.
$. when upon appeal or automatic review of the case by the Supreme #ourt, the
re'uired ma.ority vote is not obtained for the imposition of he death penalty, in
which cases the penalty shall be reclusion perpetua,
Situation1 in w4i$4 t4e e0e$ution of deat4 "enalt5 #e 1u1"ended:
1. if convict is pregnant, or within 1 year after her delivery
. convicts become insane or an imbecile after conviction
$. court orders suspension by reason of+
a. doubt as to the identity of the convict
b. there is a re'uest for e!ecutive clemency
%. -resident grants reprieve.
RULES *%R T&E C%MPUTATI%N %* PENALTIES:
1. W&EN T&E %**EN(ER IS IN PRIS%N Q the duration of temporary penalties is
from the day on which the .udgment of conviction becomes final.
2. W&EN T&E %**EN(ER IS N%T IN PRIS%N Q the duration of the penalty
consisting in deprivation of liberty, is from the day that the offender is placed at
the disposal of .udicial authorities for the enforcement of the penalty.
3. T&E (URATI%N %* %T&ER PENALTIES Q the duration is from the day on which
the offender commences to serve his sentence.
If on appeal, the service of sentence should commence from the date of the
promulgation of the decision of the appellate court, not from the date the .udgment of the trial court
was promulgated.
0RE9EN-I9E IM0RI,ONMEN-
The accused undergoes preventive imprisonment when the offense charged is
non-bailable or even if bailable he cannot furnish the re'uired bill.
-reventive imprisonment shall be credited in the service of their sentence with
the full time during which they have undergone it" PR%VI(E(+ he agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon convicted prisoners+
If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his, sentence
with four-fifths )%J6* if the time during which he has undergone preventive
imprisonment.
'UT.&( '9 A""++'R/ %(A.T&+ &(HR(T &( %R&("&%A. %(A.T&+)
(EAT& RECLUSI%N
PERPETUA)
TEMP%RAL
PRISI%N
MA3%R
PRISI%N
C%RRECTI%NAL
-erpetual
absolute
dis'ualification
#ivil interdiction for life
or during the sentence
Temporary
absolute
dis'ualification
Suspension from
public office,
profession or calling
#ivil interdiction
during $G years,
if not e!pressly
remitted in the
pardon
-erpetual absolute
dis'ualification, unless
e!pressly remitted in the
pardon of the principal
penalty
That of
perpetual
special
dis'ualification
from suffrage,
unless
e!pressly
remitted in the
pardon of the
principal
penalty
-erpetual special
dis'ualification from
suffrage, if the
duration of
imprisonment
e!ceedsJ > months,
unless e!pressly
remitted in the
pardon of the
principal penalty
(ESTIERR% has no accessory penalty.
9ffects of the penalties of perpetual or temporary absolute dis'ualification+
The deprivation of the public offices and employments which the offender may have
held even if conferred by popular election.
1. The deprivation of the right to vote in any election for any popular office or to be elected
to such office.
2. The dis'ualification for the offices or public employments and for the e!ercise of any of
the rights mentioned.
3. The loss of all rights to retirement pay or other pension for any office formerly held.
4. In case of temporary dis'ualification, the dis'ualification in and $ shall last during the
term of the sentence.
In absolute dis'ualification, all these effects last during the lifetime of the convict
and even after the service of the sentence.
+ffects of t$e penaties of perpetua or temporar! specia dis*uaification:
1. The deprivation of the office, employment, profession, or calling affected"
2. The dis'ualification for holding similar offices or employments either perpetually or
during the term of the sentence according to the e!tent of such dis'ualification.
S"e$ial di19ualifi$ation for t4e e0er$i1e of t4e ri/4t of 1uffra/e+
1. Ceprivation of the right to vote or to be elected to an office"
2. #annot hold any public office during the period of dis'ualification.
CIVIL INTER(ICTI%N, defined
It is the deprivation of the following rights+
1. parental authority
. guardianship over the person or property of the ward
$. marital authority
4. 3ight to manage property and to dispose of the same.
Bond to <ee" "ea$e Bond for /ood #e4a!ior
( principal penalty, not an accessory penalty. This penalty is not found in article 6.
1o particular felony where this is prescribed. This is a penalty particular to article
>%- grave or light threats.
The conse'uence of failure to put up this bond
is imprisonment for D months or $G days
depending on whether the felony committed is
grave or less grave felony or light.
@ailure to put up a bond results in
destierro.
P%C'$IAR) IABII"I%S:
1. the reparation of the damage caused.
. indemnification of the conse'uential damages
$. fine
%. costs of proceedings
1 and are payable to the offended party.
$ and % are payable to the state.
W4en i1 it a""li$a#le=
It is applicable /in case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities. Bence, if the offender has sufficient or no
property, it is not applicable.
S'BSI&IAR) P%$A")* defined+
It is a subsidiary personal liability to be suffered by the convict who has no property with
which to meet the fine at the rate of one day for each > pesos, sub.ect to the rules
provided in (rticle $=.
,+B,I7IAR/ 0ENAL-/ I, A00LIE7 W@EN:
1. If the subsidiary penalty prescribed for the non payment of fine which goes with
the principal penalty, the ma!imum duration of the subsidiary penalty is one year, so
there is no subsidiary penalty that goes beyond one year. 2ut this will only be true if the
one year period is higher than 1J$ of the principal penalty, the convict cannot be made
to undergo subsidiary penalty more than 1J$ of the duration of the principal penalty and
in no principal penalty Q whichever is lower.
. If the subsidiary penalty is to be imposed for non payment of fine and the
principal penalty imposed be fine only, which is a single penalty, that means it does not
go with another principal penalty, the most that the convict will be re'uired to undergo
subsidiary imprisonment is D months, if the felony committed is grave or less grave,
otherwise, if the felony committed is slight the ma!imum duration of the subsidiary
penalty is only 16 days.
W4en i1 it "ro"er=
It i1 "ro"er w4en t4e $on!i$t i1 in1ol!ent and:
1. when there is a principal penalty of imprisonment or any other principal
penalty and carries with it a fine" and
2. 5hen the penalty is only a fine.
Penalt5 (uration of 1ta5
-rision correccional or
arresto and fine
3emain under confinement until his fine is satisfied" but it
shall not e!ceed 1J$ of the term of sentence, and not
more than 1 year.
@ine a. grave or less grave felony+ not more than D months.
b. 8ight+ not more than 16 days
Bigher than -rision
#orreccional
1o imprisonment
1ot confinement in a
penal institution, but
penalty is of fi!ed duration
@ollow above rules
*INE: Subsidiary penalty applies only for the non-payment of the fine, criminal
aspect" and not the civil aspect. The latter is what article $> contemplates.
PUBLIC CENSURE AN( *INE: If the penalty is public censure and fine even if
the public censure is a light penalty, the convict cannot be re'uired to pay the fine for
subsidiary penalty for the non payment of the fine because public censure is a penalty
that has no fi!ed duration.
(ESTIERR% AN( *INE: The convict can be re'uired to undergo the subsidiary
penalty, as destierro, though not imprisonment is still a penalty to be served. Bence,
subsidiary penalty applies.
T%TALIT3 %* PENALT3 UN(ER T&E 8-*%L( RULE: Co not consider the
totality of the imprisonment that the convict is sentenced to but consider the totality or
the duration of the imprisonment that the convict will be re'uired to serve under the $-
fold rule. If the totality of the imprisonment under this rule does not e!ceed D years,
then even if the totality of the sentences without applying the $-fold rule will go beyond
D years, the convict shall be re'uired to undergo subsidiary penalty if he could not pay
the fine.
COM0LEA CRIME
5hen a single act constitutes or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious crime shall
be imposed, the same to be applied in its ma!imum period.
0"iloso#"! =e"in:
The treatment of plural crimes as one is to be lenient to the offender, who, instead of
being made to suffer distinct penalty only, although it is the penalty for the most serious
one and in the ma!imum period. It is in consonance with the do$trine of "ro-reo
A $om"le0 $rime i1 eit4er:
1. ( single act constituting or more grave or less grave felonies"
2. (n offense is a necessary means for committing the other-C%MPLE' CRIME
PR%PER
*orm1:
:. "ompound crimes
6. "omple5 "rime %roper
;. "omposite "rime
<. "ontinued "rime
2 Com"ound $rime1
&ffender performs a single act and produces or more crimes" no regard for the gravity
of crimes, as long as there is only 1 act.
Re9ui1ite1:
1. that only a single act is performed by the offender"
. that the single act produces+
a. or more grave felonies
b. I or more grave or I or more less grave felonies
c. or more less grave felonies.
6 Com"le0 Crime Pro"er
Re9ui1ite1:
1. at least offenses are committed
. 1 or some of the offenses must be necessary to commit the other
3. 2oth or all the offenses must be punishable under the 3evised -enal #ode.
&ne was used to facilitate the commission of the crime.
8 Com"o1ite Crime
(re special comple! crimes composed of two felonies, punishable under a
separate article in the 3evised -enal #ode. In substance, it is made up of more than 1
crime but in the eyes of the law there is only a single indivisible crime. )3obbery with
BomicideJ3ape*
> Continued Crime
This is a single crime consisting of a series of overt acts arising from a single
criminal resolution or intent not susceptible of division.
Te1t:
There must be singularity of act, singularity of singular impulse is not written into
the law. So long as the act or acts complained of resulted in a single criminal impulse, it
is usually held to constitute a single offense to be punished with the penalty
corresponding to the most serious crime, imposed on its ma!imum period. The test is
not whether one of the two offenses is an essential element of the other.
Is a Continued crime a continuin, crime- If not* what is the difference-
( continued crime must be understood in the light of substantive law, while continuing
crime, in the light of procedural law. The term Rcontinuing here must be understood in
the sense similar to that of Rtransitory and is only intended as a factor in determining
the proper venue or .urisdiction for that matter of the criminal action pursuant to Section
1%, 3ule 11G of the 3ules of #ourt. This is so, because /a person charged with a
transitory offense may be tried in any .urisdiction where the offense is in part
committed.
The penalty for the most serious crime shall be imposed, the same to be applied in its
ma!imum period.
PENALT3 PRESCRIBE( T% A CRIME IS L%WERE( B3 (E,REES IN T&E
*%LL%WIN, CASES:
2 W4en t4e $rime i1 onl5 attem"ted or fru1trated
If it is frustrated, penalty is one degree lower than that prescribed by law.
If it is attempted, penalty is two degrees lower than that prescribed by
law.
6 W4en t4e offender i1 an a$$om"li$e or a$$e11or5 onl5:
-enalty is 1 degree lower in case of an accomplice
-enalty is degrees lower in the case of an accessory.
3. 5hen there is a "ri!ile/e miti/atin/ $ir$um1tan$e in favor of the offender, it
will lower the penalty by 1 or degrees than that prescribed by the law
depending on what the particular provision of the 3-# states.
4. 5hen the penalty prescribed for the crime committed is a di!i1i#le "enalt5
and t4ere are two or more ordinar5 miti/atin/ $ir$um1tan$e1 and no
a//ra!atin/ $ir$um1tan$e1 whatsoever, the penalty ne!t lower in degree
shall be the one imposed.
6. 5henever the provision of the code specifically lower the penalty by one or two
degrees than what is ordinarily prescribed for the crime committed.
(IA,RAM
C%NSUMMATE( *RUSTRATE( ATTEMPTE(
Prin$i"al
1
G 1
A$$om"li
$e1
1 $
A$$e11or
ie1
$ %
-@REEBFOL7 R+LE
(ccording to the $ fold rule, the ma!imum duration of the convicts sentence shall not
be more than $ times the length of time corresponding to the most severe of the
penalties imposed upon him.
If only or $ penalties corresponding to different crimes committed by the convict are
imposed, it is hardly possible to apply the $ fold rule.
Sentences must be more than $ and served successively, not simultaneously.
Immaterial if sentences are the product of 1 information in court" sentences are
promulgated by different courts on different days.
The $-fold rule must be used only when the product of the greatest penalty
multiplied by $ is less than the sum of all the penalties t be imposed.
@or purposes of the rule, indivisible penalties shall be given an e'uivalent
duration of $G years, so that if he will have to suffer several perpetual dis'ualification,
under the rule, you take the most severe and multiply it by $. The rule does not apply to
the penalty prescribed but to the penalty imposed as determined by the court.
E'ECUTI%N AN( SERVICE %* PENALT3
/1o penalty shall be e!ecuted e!cept by virtue of a final .udgment0
The .udgment must be final before it can be e!ecuted because the accused may
still appeal within 16 days from its promulgation. 2ut if the dependant has e!pressly
waived in writing his right to appeal, the .udgment becomes final immediately.
RULES IN SUSPENSI%N %* T&E E'ECUTI%N AN( SERVICE %* PENALTIES IN
CASE %* INSANIT3:
1. 5hen a convict becomes insane or imbecile after final sentence has been
pronounced, the e!ecution of said sentence is suspended only as regards the personal
penalty.
2. If he REC%VERS his reason, his sentence shall be e!ecuted, unless the penalty has
prescribed.
$. 9ven if while serving his sentence, the convict becomes insane or imbecile, (rticle E=
shall be observed.
%. 2ut the payment of his civil or pecuniary liabilities shall not be suspended.
Title >
E'TINCTI%N %* CRIMINAL LIABILIT3
There are two )* classifications when #riminal 8iability are e!tinguished+
a T%TAL
# PARTIAL
"R&!&(A. .&AB&.&T/ &+ T'TA../ $T&(=U&+H# A+ 9'..'>+)
2 B5 t4e deat4 of t4e $on!i$t a1 to "er1onal "enaltie1, and a1 to t4e "e$uniar5
"enaltie1, lia#ilit5 t4erefore i1 e0tin/ui14ed onl5 w4en t4e deat4 of t4e
offender o$$ur1 #efore final ;ud/ment
The death of the convict, whether before or after final .udgment, e!tinguishes
criminal liability, because one of the .uridical conditions of penalty is that it is
PERS%NAL (t this instance, his civil liability is also e!tinguished.
5hile the case is on appeal, the offender dies, the case on appeal will be
dismissed. The offended party may file a separate civil action under the #ivil #ode if any
other basis for recovery of civil liability e!ists as provided under (rt. 116E of the #ivil
#ode.
6 B5 1er!i$e of 1enten$e
#rime is debt incurred by the offender as a conse'uence of his wrongful act and
the penalty is but the amount of his debt.
Service of sentence does not e!tinguish the civil liability.
8 B5 amne1t5 w4i$4 $om"letel5 e0tin/ui14e1 t4e "enalt5 and all it1 effe$t1
AMNEST3, (efined
It is an act of the sovereign power granting oblivion or a general pardon for a past
offense and is rarely, if ever, e!ercised in the favor of a single individual, and is usually
e!erted in behalf of certain classes of persons, who are sub.ect to trial but have not yet
been convicted.
(mnesty erases not only the conviction but also the crime itself.
5hile amnesty wipes out all traces and vestiges of the crime, it does not e!tinguish
the civil liability of the offender.
> B5 a#1olute "ardon.
PAR(%N (efined
It is an act of grace proceeding from the power entrusted with the e!ecution of the laws
which e!empts the individual on whom it is bestowed from the punishment of the law
inflicts for the crime he has committed.
-ardon, whether absolute or conditional, is in the nature of a deed, for the validity of
which delivery is an indispensable re'uisite.
AMNEST3 AN( PAR(%N (ISTIN,UIS&E(.
PAR(%N AMNEST3
- includes any crime and is e!ercised
individually by the president
- is a blanket of pardon to classes of
persons on communities who may be
guilty of political offenses
- e!ercised when the person is already
convicted
- may be e!ercised even before trial or
investigation is had
- pardon looks forward and relieves the
offender from the conse'uences of an
offense or which he has been
convicted, that is its abolishes or
forgives the punishment
- amnesty looks backward and abolishes
and puts into oblivion the offense itself.
- pardon being a private act of the
-resident must be pleaded and proved
by the person pardoned
- amnesty being by proclamation of the
chief e!ecutive with the concurrence of
#ongress, is a public act of which the
courts should take .udicial notice
K B%T& (% N%T E'TIN,UIS& T&E CIVIL LIABILIT3 %* T&E %**EN(ER
? B5 "re1$ri"tion of t4e $rime
It is the forfeiture or loss of the right of the state to prosecute the offender after the
lapse of a certain time.
-rescription of the crime begins, as a general rule on the day of the crime was
committed, unless the crime was concealed, not public, in which case, the
prescription thereof would only commence from the time the offended party or the
government learns of the commission of the crime.
-rescription of the crime is not waivable.
T4e "re1$ri"tion of t4e felon5 i1 1u1"ended w4en:
1. 5hen a complaint is filed in a proper barangay for conciliation or mediation but the
suspension of the prescriptive period is good only for DG days, after which the
prescription will resume to run, whether the conciliation or mediation is terminated
or not.
. 5hen criminal case is filed in the @iscals &ffice, the prescription of the crime is
suspended until the accused is convicted or the proceeding is terminated for a cause
not attributable to the accused.
$. 2ut where the crime is sub.ect to summary -rocedure, the -rescription of the crime
will be suspended only when the information is already filed with the trial court. It is
not the filing of the complaint, but the filing of the information in the trial court which
will suspend the prescription.
The prescription of penalty, the period will only commence to run when the convict
has began to serve the sentence.
0rescri#tion of Crimes
3eclusion perpetua or
temporal
G years
-unishable by afflictive
penalties
16 years
-unishable by correctional
penalties
1G years
-unishable by (rresto
Hayor
6 years
#rime of libelJsimilar
offenses
1 year
&ral defamationJslander by
deed
D months
8ight &ffenses months
In computing the period for prescription, the first day is to be e!cluded and that last
day included
5hen fine is an alternative penalty higher than the other penalty which is
imprisonment Q the prescription is based on the fine
S 5hether it is prescription of crime or penalty, if the sub.ect left the country, and went
in a country with which the -hilippines has no e!tradition treaty, the prescriptive period
shall remain suspended whenever he is out of the country.
PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion -erpetua G years
(fflictive -enalties 16 years
#orreccional -enalties 1G years
(rresto Hayor 6 years
8ight -enalties 1 year
D B5 t4e marria/e of t4e offended woman
In cases of rape, seduction, abduction or acts of lasciviousness. Bence, marriage
contracted only to avoid criminal liability is devoid of legal effects.
CRIMINAL LIABILIT3 IS E'TIN,UIS&E( AS *%LL%WS+
2 B5 $onditional "ardon
#onditional pardon delivered and accepted is considered a contract between the
sovereign power of the 9!ecutive and the convict that the former will release the
latter upon compliance with the condition.
PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion
-erpetua
G years
(fflictive -enalties 16 years
#orreccional -enalties 1G years
(rresto Hayor 6 years
8ight -enalties 1 year
6 B5 $ommutation of t4e 1enten$e
It is a change in the decision of the #ourt made by the #hief 9!ecutive by reducing
the degree of the penalty inflicted upon the conflict, or by decreasing the length of
the imprisonment or the amount of the fine.
INSTANCES W&ERE C%MMUTATI%N IS APPLIE(+
1. 5hen the convict sentenced to death is over EG years of age.
2. 5hen 1G .ustices of the Supreme #ourt fail to reach a decision for the affirmation of
the death penalty
8 *or /ood $ondu$t allowan$e1 w4i$4 t4e $ul"rit ma5 earn w4ile 4e i1 1er!in/
1enten$e
This includes the allowance for loyalty under (rticle => in relation to (rticle 16>.
> #5 "arole
PAR%LE, defined
-arole consists in the suspension of the sentence of a convict after serving the minimum
term of the indeterminate penalty, without granting a pardon, prescribing the terms
upon which the sentence shall be suspended.
The mere commission not conviction by the #ourt, of any crime is sufficient to
warrant parolees arrest and reincarnation.
(ISTINCTI%N BETWEEN C%N(ITI%NAL PAR(%N AN( PAR%LE
C%N(ITI%NAL PAR(%N PAR%LE
- may be given at anytime after final
.udgment
- may be given after the prisoner has
served the minimum penalty
- granted by the #hief 9!ecutive under
the provisions of the (dministrative #ode
- granted by the 2oard of -ardons and
-arole under the provision of the
Indeterminate Sentence 8aw
- for violation of the conditional pardon,
the convict may be ordered rearrested or
reincarnated by the #hief 9!ecutive or
may be prosecuted under (rt. 16= of the
#ode
- for violation of the terms of the parole, the
convict cannot be prosecuted under (rt.
16=. Be can be rearrested and
reincarcerated to serve the unserved
portion of his original penalty
%BLI,ATI%NS %* T&E PERS%N ,RANTE( C%N(ITI%NAL PAR(%N
1* Be must comply strictly with the conditions imposed on the pardon.
* @ailure to comply with the conditions shall result in the revocation of the pardon.
$* Be becomes liable under (rt. 16=. This is the <udicial remedy.
Title ?
CIVIL LIABILIT3
Arti$le 6C, New Ci!il Code +NCC.
/9very person who, contrary, to law, willfully or negligently causes damage to another
shall indemnify the latter for the same.
22D2, NCC
/#ivil obligations arising from criminal offenses shall be governed by the penal laws,
sub.ect to the provisions of (rticle 1EE, and of the pertinent provisions of #hapter ,
-reliminary Title, on Buman 3elations and Title FMIII of this book, regulating damages+
The basis of civil liability is the obligation of everyone to repair or to make whole the
damage caused to another by reason of his act or omission, whether done
intentionally or negligently and whether or not punishable by law.
If the felony committed could not or did not cause any damage to another, the
offender is not civilly liable even if he is criminally liable for the felony committed.
9!tinction of the penal action does not carry with it e!tinction of the civil liability,
unless the e!tinction proceeds from a declaration in a final .udgment that the fact,
from which the civil liability might arise did not e!ist.
CIVIL LIABILIT3 MA3 E'IST, ALT&%U,& T&E ACCUSE( IS N%T &EL(
CRIMINALL3 LIABLE, IN T&E *%LL%WIN, CASES:
1. A$9uittal on REAS%NABLE (%UBT Q when the guilt of the offender has not been
proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted.
2. A$9uittal from A CAUSE %* N%N-IMPUTABILIT3 Q the e!emption from criminal
liability in favor of an imbecile insane person, etc.
3. ACIUITTAL IN T&E CRIMINAL ACTI%N *%R NE,LI,ENCE does not preclude the
offended party from filing a civil action to recover damages, based on the new
theory that the act is a 'uasi-delict.
4. W&ERE T&ERE IS %NL3 CIVIL RESP%NSIBILIT3 Q when the #ourt finds and so
states in its .udgment that there is only civil responsibility, and not criminal
responsibility, and that this finding is the cause of the ac'uittal.
5. IN CASES %* IN(EPEN(ENT CIVIL ACTI%NS under (rticle $1, $, $$, $%, and
11DE of 1##.
CIVIL LIABILIT3 %* T&E %**EN(ER *ALLS UN(ER T&REE CATE,%RIES:
2 RESTITUTI%N AN( REST%RATI%N
3estitution or restoration presupposes that the offended party was divested of
property, and such property must be returned.
If the property is in the hands of a third personJparty, the same shall nevertheless be
taken from him and restored to the offended party, even though such third party
may be a holder for value and a buyer in good faith of the property, e!cept when
such third party buys the property from a public sale where the law protects the
buyer.
3estitution is applicable only to crimes against property.
The obligation of the offender transcends to his heirs, even if the offender dies,
provided he died after .udgment became final, the heirs shall assume the burden of
the civil liability, but this is only to the e!tent that they inherit property from the
deceased, if they do not inherit, they cannot inherit the obligations.
The right of the offended party transcends to heirs upon death. The heirs of the
offended party step into the shoes of the latter to demand civil liability form the
offender.
6 REPARATI%N
5hen the stolen property cannot be returned because it was sold to an unknown
person, he will be re'uired by the #ourt if found guilty to pay the actual price of the
thing plus its sentimental value.
8 IN(EMNI*ICATI%N *%R C%NSEIUENTIAL (AMA,ES
1. It is ordinarily the remedy granted to the victims of crimes against persons
. Indemnification of conse'uential damages refers to the loss of earnings, loss of
profits. This does not refer only to the conse'uential damages suffered by the
offended part, this also includes conse'uential damages to third party who also
suffers because of the commission of the crime.
SUBSI(IAR3 LIABILIT3
Re9ui1ite1:
1. The employer must be engaged in business or in trade or industry while the
accused was his employee.
. (t the time the crime was committed the employer-employee relationship must
be e!isting between the two"
$. The employee must have been found guilty of the crime charged and accordingly
held civilly liable" and
%. the writ of e!ecution for the satisfaction of the civil liability was returned
unsatisfied because the accused-employee does not have enough property to
pay the civil liability.
o all the re'uisites must concur
o there is no need to file a civil action against the employer in order to enforce the
subsidiary civil liability for the crime committed by his employee, it is enough that
the writ of e!ecution is returned unsatisfied
SUBSI(IAR3 CIVIL LIABILIT3 IS IMP%SE( IN T&E *%LL%WIN,+
1. In case of a felony committed under the compulsion of an irresistible force. The
person who employed the irresistible force is subsidiarily liable.
. In case of a felony committed under an impulse of an e'ual or greater in.ury. The
person who generated such an impulse is subsidiarily liable.
$. The owners of taverns, inns, hotels, motels, where the crime is committed within
their establishment die to non-compliance with general police regulations, if the
offender who is primarily liable cannot pay the proprietor, or owner is subsidiarily
liable.
%. @elonies committed by employers, pupils, servants, in the course of their
employment, schooling or household chores. The employer, master, teacher is
subsidiarily liable civilly, while the offender is primarily liable.
5. In case the accomplice and the principal cannot pay, the liability of the person
subsidiary liable is absolute.
Penaltie1 Time in$luded
in t4e "enalt5
in it1 entiret5
Time
in$luded in
it1
minimum
"eriod
Time
in$luded
in it1
medium
"eriod
Time in$luded
in it1 ma0imum
"eriod
Re$lu1ion
Tem"oral
@rom 1 years
and 1 day to G
@rom 1
years and 1
@rom 1%
years, >
@rom 1E years, %
months and 1
years day to 1%
years and >
months
months
and 1 day
to 1E
years
day to G years
Pri1ion
Ma5or,
a#1olute
di19ualifi$atio
n and 1"e$ial
tem"orar5
di19ualifi$atio
n
@rom D years
and 1 day to 1
years
@rom D
years and 1
day to >
years
@rom >
years and
1 day to
1G years
@rom 1G years
and 1 day to 1
years
Pri1ion
Corre$$ional,
1u1"en1ion
and de1tierro
@rom D months
and 1 day to D
years
@rom D
months and
1 day to
years and %
months
@rom
years, %
months
and 1 day
to % years
and
months
@rom % years
months and 1
day to D years
Arre1to Ma5or @rom 1 month
and 1 day to D
months
@rom 1
month and
1 day to
months
@rom
months
and 1 day
to %
months
@rom % months 1
day to D months
Arre1to
Menor
@rom 1 to $G
days
@rom 1 to
1G days
@rom 11
to G days
@rom 1 to $G
days
REPUBLIC ACT N% B8>D J An A$t Pro4i#itin/ t4e Im"o1ition of (eat4 Penalt5
in t4e P4ili""ine1 J
in lieu of the death penalty, the following shall be imposed)
re$lu1ion "er"etua Q 3evised -enal #ode
life im"ri1onment Q Special 8aws
not eli/i#le for "arole under t4e Indeterminate Senten$e Law + persons
convicted of offenses punished by reclusion perpetua, or whose sentence will be
reduced to reclusion perpetua
%n A"ril 6A, 6CCD, ,loria Arro5o 1i/ned into law Re"u#li$ A$t B8>> ot4erwi1e
<nown a1 E 7UVENILE 7USTICE and WEL*ARE ACT %* 6CCDF T4e law #e$ame
effe$ti!e on Ma5 62, 6CCD
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt from
criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a crime,
he is not e!empt from criminal liability unless it is shown that he acted with
discernment. Bowever, should the minor above fifteen but below eighteen be found
guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all
cases, the minor offender must be referred to the appropriate government agency for
rehabilitation.
Condition1 for 1u1"en1ion of 1enten$e of minor:
1. The crime committed should not be punishable by the penalty of life
imprisonment or the death penalty.
. The minor should not have been given the benefit of suspension of sentence
before.
$. The age of the minor at the time of the promulgation of .udgment must be below
eighteen )1>*, even though at the time of the commission of the crime, he was
over nine )=* and below fifteen )16* years of age.
%. If the offender is above fifteen )16*, but below eighteen )1>*, there is no
e!emption anymore but he is also given the benefit of a suspended sentence
under the three preceding conditions. If the sentence is promulgated, the court
will impose a penalty one )1* degree lower and in the proper periods sub.ect to
rules in (rt. D%.
Note: ;nder Section 6 of 3.(. >6$= )@amily #ourt 8aw*, there is no need to apply for or
file a -etition for a suspension of sentence. The law mandates an automatic suspension
of service of sentence of the youthful offender.
(lso, the provisions of 3.(. =$%% must be taken into account.
REPUBLIC ACT N% B8>> J 7u!enile 7u1ti$e and Welfare A$t of 6CCD
Ri/4t1 of t4e $4ild in $onfli$t wit4 t4e law:
1. right against torture or other cruel, inhuman or degrading treatment or punishment"
. right against imposition of the capital punishment or life imprisonment, without the
possibility of release
$. 3ight against deprivation of liberty" detention or imprisonment as last resort, and
shall be for the shortest appropriate period of time"
%. 1ot to be detained together with adult offenders"
6. to maintain contact with family"
D. access to legal and other appropriate assistance"
E. right to challenge legality of detention and to a prompt decision on such action
>. right to bail and recogni,ance
=. to be a witness in his behalf under the rule on e!amination of a child witness
1G. right to have his privacy respected fully at all stages of the proceedings
11. right to diversion if 'ualified or voluntarily avails of the same
1. right to be imposed a .udgment under the principle of restorative .ustice
1$. right to the imposition of fine as a matter of discretion
1%. right to automatic suspension of sentence
16. right to probation, if 'ualified
1D. right to be free from liability for per.ury, concealment or misrepresentation
1E. other rights as provided by e!isting laws, rules and regulations
Minimum A/e of Criminal Re1"on1i#ilit5
2? 5)o or #elow at t4e time of t4e $ommi11ion of t4e offen1e 14all #e E'EMPT
from $riminal lia#ilit5, but will be sub.ected to the intervention program.
A#o!e 2? #ut #elow 2A 5)o 14all #e E'EMPT from $riminal lia#ilit5 and #e
1u#;e$ted to an inter!ention "ro/ram, UNLESS 4e 4a1 a$ted wit4 di1$ernment,
in which case he shall be sub.ected to the appropriate proceedings under this (ct,
-doe1 not in$lude e0em"tion from $i!il lia#ilit5
2&&P T5&
TITLE %NE
CRIMES A,AINST NATI%NAL SECURIT3 AN( T&E LAW %* NATI%NS
Art 22>: TREAS%N
ELEMENTS:
1. that the offender is a @ilipino citi,en or an alien residing in the -hilippines"
. that there is a war in which the -hilippines is involved"
$. that the offender either
a. levies war against the government, or
b. adheres to the enemies, giving them aid and comfort
TREAS%N (E*INE(+
a breach of allegiance to a government, committed by a person who owes allegiance to
it.
It is a violation by the sub.ect of his allegiance to his sovereign or to the supreme
authority of the State.
E% >> amended Art22> in t4at "rior to t4i1 order, onl5 *ili"ino $itiLen1
are 4eld lia#le for trea1on.
- Under E% >>, re1ident alien1 ma5 now #e 4eld lia#le for Trea1on.
- Allegiance is the obligation of fidelity and obedience which the individuals owe
to the government under which they live or to their sovereign, in return for the
protection they receive.
- Alle/ian$e referred to in the crime of Treason may be "ermanent or
tem"orar5
- Trea1on $annot #e $ommitted in time of "ea$e" it is a war $rime
- Treasonable acts may actually be perpetrated during peace, but there are no
traitors until war has started.
- Treason is punished by the State as a measure of self defense and self
preservation. The law of Treason is an emergency measure.
Two mode1 of $ommittin/ Trea1on:
2 Le!5in/ war a/ain1t t4e /o!ernment
- 8evying war re'uires the concurrence of+
a. (n actual assembling of men"
b. The purpose of which is to e!ecute a treasonable design by force.
- The levying of war must be with the intent to overthrow the government and
not merely to resist a particular statute or to repel a particular officer.
- The levying of war must be in collaboration with a foreign enemy, otherwise the
offender shall be held liable for 3ebellion and not for Treason.
6 Ad4erin/ to t4e enemie1 of t4e P4il, /i!in/ t4em aid or $omfort
- Ad4eren$e and /i!in/ aid or $omfort to t4e enem5 mu1t $on$ur.
(dherence to the enemy presupposes an intent to betray.
- (id or comfort means an act which strengthens or tends to strengthen the
enemy in the conduct of war against the traitors country and an act which
weakens or tends to weaken the power of the traitors country to resist or to
attack the enemy.
- The defendants act of giving information to the enemy constituted not only
giving aid and comfort, but also adherence to the enemy.
- 9!tent of aid and comfort should be manifested by some overt or physical acts
and not merely one which is mental.
- (s a general rule, to be treasonous, the e!tent of the aid and comfort given to
the enemies must be to render assistance to them as enemies and not merely
as individuals and in addition, be directly in furtherance of the enemies hostile
designs.
- The act committed need not actually strengthen the enemy. It is not the
degree of success but rather the aim for which the act was perpetrated, that
determines the commission of treason.
- The aid and comfort given to the enemies must be after the declaration of war.
The enemies must be sub.ect of a foreign power.
- There is no treason thru negligence because the overt act of giving aid or
comfort to the enemy must be intentional.
- Treason by @ilipino citi,en may be committed outside the -hilippines, but
treason by an alien must be committed within the -hilippines.
- Treason is a continuous crime. (ll overt acts committed by the accused
constitute a single offense. -roof of one count is sufficient for conviction.
SS 6
nd
"ara/ra"4+
Treason cannot be proved by circumstantial evidence or by the e!tra.udicial
confession of the accused
KK Wa51 of "ro!in/ trea1on+
2 te1timon5 of 6 witne11e1, at lea1t +two- witne11 rule.
- 3e'uired to prove the overt act of giving aid or comfort. It is not necessary to
prove adherence.
- This rule is severely restrictive and conviction for treason is difficult. The
provision re'uires that each of the witnesses must testify to the whole overt
act" or if it is separable, there must be two witnesses to each part of the overt
act.
2. Confe11ion of t4e a$$u1ed in o"en $ourt
SSS (E*ENSES:
1. Cefense of obedience to de facto government
2. Cefense of duress or uncontrollable fear.
Art22?: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT TREAS%N:
PENALT3:
a. conspiracy to commit treason+
- -rision Hayor and a fine not e!ceeding - 1G,GGG
b. proposal to commit treason+
- -rision correccional and a fine not e!ceeding - 6,GGG
&%W C%NSPIRAC3 AN( PR%P%SAL ARE C%MMITTE(:
a. #onspiracy to commit treason is committed when in time of war, two or
more persons come to an agreement to levy war against the government or
to adhere to the enemies and to give them aid or comfort, and decide to
commit it.
b. -roposal to commit treason is committed when in time of war 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 e!ecution to another
person.
?? The two,witness rule does not apply to this crime because this is a
separate and distinct offense from treason.
Art 22D: MISPRISI%N %* TREAS%N
ELEMENTS:
1. that the offender must be owing allegiance to the 4overnment and N%T a
foreigner"
2. that he has knowledge or any conspiracy )to commit treason* against the
4overnment" and
3. 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 mayor or fiscal of the city in
which he resides.
KK T4i1 $rime i1 an e0$e"tion to t4e rule t4at mere 1ilen$e doe1 not ma<e a
"er1on $riminall5 lia#le
Art 22G: ESPI%NA,E
PENALT3:
-rision correccional
ESPI%NA,E is the offense of gathering, transmitting, or losing information
respecting the national defense with intent or reason to believe that the information
is to be used to the in.ury of the 3epublic of the -hilippines or to the advantage of
any foreign nation.
TW% WA3S %* C%MMITTIN, ESPI%NA,E+
0. by entering, without authority, a warship, fort, or naval or military establishment or
reservation to obtain any information, plans, photos, or other data of a confidential
nature relative to the defense of the Philippines.
SS Intent to obtain information by the offender is critical.
ELEMENTS+
a. that the offender enters any of the places mentioned therein
b. that he has no authority therefore
c. that has purpose is to obtain information, plans, photos etc. of a confidential nature
relative to the defense of the -hilippines
2. By disclosing to the representative of a foreign nation the contents of the articles,
data or information referred to in par. 0 9Art. 001, which he had in his possession
by reason of the public office he holds.
ELEMENTS:
a. that the offender is a public officer
b. that he has in his possession the articles, data or information by reason of the public
office he holds
c. That he discloses their contents to a representative of a foreign nation.
C%MM%NWEALT& ACT D2D
AN ACT T% PUNIS& ESPI%NA,E AN( %T&ER %**ENSES A,AINST NATI%NAL SECURIT3
ACTS PUNIS&ABLE UN(ER CA D2D:
a. unlawfully obtaining or permitting to be obtained information affecting
national defense
b. unlawful disclosing of information affecting national defense
c. disloyal acts or words in time of peace
d. disloyal acts or words in time of war
e. conspiracy to violate preceding sections
f. harboring or concealing violators of the law
ESPI%NA,E AN( TREAS%N (ISTIN,UIS&E(:
- espionage as a crime is not conditioned by the citi,enship of the offender
and may be committed in time of war or in time of peace
- treason may only be committed in time of war and is only limited in two
ways of committing the crime
SECTI%N TW%: PR%V%:IN, WAR AN( (ISL%3ALT3 IN CASE %* WAR
Art 22A: INCITIN, T% WAR %R ,IVIN, M%TIVES *%R REPRISALS
PENALT3:
1. 3eclusion temporal Q if offender is a public officer or employee
. -rision mayor Q if offender is a private individual
ELEMENTS:
1. That the offender performs unlawful or unauthori,ed acts
. That such acts provoke or give occasion for a war involving or liable to involve
the -hilippines or e!pose @ilipino citi,ens to reprisals on their persons or property.
SS The crime of inciting to war or giving motives for reprisals is committed IN TIME %*
PEACE

Art 22B: VI%LATI%N %* NEUTRALIT3
PENALT3:
-rision correccional
ELEMENTS:
1. that there is a war in which the -hilippines is N%T involved
. that there is a regulation issued by competent authority for the purpose of enforcing
neutrality
$. that the offender violates such regulation
NEUTRALIT3 (E*INE(:
- ( nation or power which takes no part in a contest of arms going on between
others is referred to as NEUTRAL
Art 26C: C%RRESP%N(ENCE WIT& &%STILE C%UNTR3
ELEMENTS:
1. that there is a war wherein the -hilippines is involved
. the offender makes correspondence with the enemy country or territory occupied by
enemy troops
$. that the correspondence is either+
a. prohibited by the government, or
b. carried on in ciphers or conventional signs
c. containing notice or information which might be useful to the enemy
C%RRRESP%N(ENCE (E*INE(:
- It is the communication by means of letters" or it may refer to the letters
which pass between those who have friendly or business relations.
SS 9ven if correspondence contains innocent matters, if the correspondence has
been prohibited by the government, it is punishable.
IUALI*3IN, CIRCUMSTANCES:
- the following must concur+
a. that the notice or information might be useful to the enemy
b. that the offender intended to aid the enemy
SS If the offender intended to aid the enemy by giving such information, the crime
amounts to treason" hence, both have the same penalty
Art 262: *LI,&T T% ENEM3HS C%UNTR3
ELEMENTS:
1. that there is a war in which the -hilippines is involved
2. that the offender must be owing allegiance to the government
$. that the offender attempts to flee or go to enemy country
%. that going to the enemy country is prohibited by competent authority
SS (n alien resident may be guilty of flight to enemy country because the allegiance
contemplated under this article may be temporary or permanent.
SS Here attempt to flee or go to enemy country consummates the crime
SS @leeing or going to enemy country must be prohibited by competent authority,
otherwise no crime is committed.
SECTI%N T&REE: PIRAC3 AN( MUTIN3 %N T&E &I,& SEAS
Art 266: PIRAC3 IN ,ENERAL AN( MUTIN3 %N T&E &I,& SEAS %R IN P&IL
WATERS
PIRAC3 (E*INE(+ it is the robbery or forcible depredation in the high seas or in
-hilippine 5ater without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
TW% M%(ES %* PIRAC3:
1. by attacking or sei,ing a vessel on the high seas
2. by sei,ing the whole or part of the cargo or e'uipment of the vessel, while on the
high seas, %R the personal belongings of its complement or passengers, the
offenders not being the members of the complement or passengers
ELEMENTS:
1. that a vessel is on high seas
. that the offenders are strangers to the vessel" meaning, they are not members of the
complement or passengers of the vessel
3. that the offenders+ )a* attack that vessel, %R )b* sei,e the whole or part of the cargo
of said vessel, its e'uipment, or the personal belongings of its complement or
passengers
SS if the offenders who sei,ed the vessel by /violence or intimidation0, or /force upon
things0 are members of the crew or passengers, piracy is N%T committed but robbery in
the high seas.
MUTIN3 IN T&E &I,& SEAS:
- it is the )a* unlawful resistance to a superior officer, &3 )b* the raising of
commotion and disturbances on board a ship against the authority of its
commander, while the ship is on the high seas. Cistinguished from piracy,
offenders in piracy are strangers to the vessels and with intent to gain.
- H&=H +A+- refer to any waters on the seacoasts, which are without the
boundaries of the low-water mark, although such waters may be the
.urisdictional limits of a foreign government.
- %# @;6 "uni14e1 t4e a$t of AI(IN, or ABETTIN, PIRAC3
2 REIUISITES:
2 :N%WIN,L3:
a. aids or protects pirates
b. ac'uires or receives property taken by such pirates, or
c. in any manner derives any benefit therefrom
2. (ire$tl5 or indire$tl5 a#et1 t4e $ommi11ion of "ira$5
Art 268: IUALI*IE( PIRAC3
SPECIAL IUALI*3IN, CIRCUMSTANCES:
1. Sei,ure of the vessel by boarding or firing upon the same.
2. (bandonment of victims without means of saving themselves
3. #rime is accompanied by Hurder, Bomicide, -hysical In.uries, or 3ape
SS Iualified Pira$5 i1 a 1"e$ial $om"le0 $rime
SS (ny of said crimes that accompany the commission of piracy becomes an element of
'ualified piracy.
IS T&ERE IUALI*IE( MUTIN3=
- There is 'ualified mutiny because of (rt. 1$ which embrace any of the
crimes referred to in (rt. 1, which are piracy and mutiny. Bowever, the
'ualifying circumstances for mutiny are limited to pars )* and )$* of (rt.
1$.
RA D68?
ANTI-AIRCRA*T PIRAC3 %R &I7AC:IN, LAW %* 2BG2
ACTS PUNIS&E(:
1. ;surping or sei,ing control of aircraft of Philippine registry, while it is in flight,
compelling the pilots thereof to change the course or destination.
2. ;surping or sei,ing control of an aircraft of foreign registry, while within -hilippine
territory, compelling the pilots thereof to land in any part of -hilippines territory.
$. #arrying or loading on board an aircraft operating as a public utility passenger
aircraft in the -hilippines, flammable, corrosive, e!plosive or poisonous substances"
and
%. 8oading, shipping, or transporting on board a cargo aircraft operating as a public
utility in the -hilippines, flammable, corrosive, or poisonous substances, I@ not done
in accordance with the rules and regulations of the (ir Transportation &ffice.
AIRCRA*T IS EIN *LI,&TF Q from the moment all e!terior doors are closed following
embarkation, until such time when any of such doors are again opened for embarkation.
Title 6
CRIMES A,AINST T&E
*UN(AMENTAL LAWS %* T&E STATE
+ARTS 26>-288.
Art 26>: ARBITRAR3 (ETENTI%N
Element1:
1. That the offender is a public officer or employee
. That he detains a person
$. That the detention is without legal grounds.
LE,AL ,R%UN(S *%R T&E (ETENTI%N %R PERS%NS:
1. The commission of a crime
2. Miolent insanity or other ailment re'uiring compulsory confinement of the
patient in a hospital.
Art 26?: (ELA3 IN T&E (ELIVER3 %* (ETAINE( PERS%NS T% T&E PR%PER
7U(ICIAL AUT&%RITIES
ELEMENTS:
1. That the offender is a public officer or employee
. That he has detained a person for some legal ground )n.b. warrantless arrest*
$. That he fails to deliver such person to the proper .udicial authorities within
the prescribed period.
1 hours Q light penalties or their e'uivalent.
1> hours Q correctional penalties or their e'uivalent
$D hours Q afflictive penalties or their e'uivalent
ES4all fail to deli!er to "ro"er aut4oritie1F
- does N%T mean physical delivery, but the making of an accusation or charge, or filing
of an information against the person arrested, with the corresponding court or .udge.
REIUEST *%R PRELIMINAR3 INVESTI,ATI%N+ The person so arrested without a
warrant may re'uest for a preliminary investigation, but he must sign a waiver of (rt.
1D.
- to avail of this, the penalty must be higher than % years and months
WARRANT %* ARREST: (rt. 16 is N%T applicable when the arrest is by virtue of a
warrant of arrest, in which case he can be detained indefinitely.
- an in'uest proceeding is done to determine the validity of the arrest
ILLE,AL (ETENTI%N:
1. If the offender is a private individual, then the crime is #llegal detention
2. In illegal detention, the detention is legal from the beginning, but becomes illegal
after a certain period of time because the offended party is not delivered to the
proper .udicial authority within the period specified.
Art 26D: (ELA3IN, RELEASE
ELEMENTS:
1. that the offender is a public officer or employee
2. that )a* there is a .udicial or e!ecutive order for the release of a prisoner or
detention prisoner, %R )b* that there is a proceeding upon a petition for the
liberation of such person
3. that the offender without good reason )a* delays the service of the notice of such
order to the prisoner, %R )b* the performance of such .udicial or e!ecutive order for
the release of the prisoner, or the proceedings upon a petition for the release of
such person
Art 26G: E'PULSI%N
ELEMENTS:
1. that the offender is a public officer or employee
. that he+
a. e!pels any person from the -hilippines, )illegal deportation* &3
b. compels a person to change his residence
$. that the offender is not authori,ed by law to do so
AUT&%RIME( B3 LAW:
2 T% (EP%RT:
- &nly -resident of the -hilippines is authori,ed to deport aliens under the
3(#, Sec. D= with )1* investigation by the Ceportation 2oard and )*
recommendation of such 2oard to the -resident
6 T% C%MPEL C&AN,E %* RESI(ENCE:
-&nly the #ourt by a final .udgment can order a person to change his residence
Art 26A: VI%LATI%N %* (%MICILE
PUNIS&ABLE ACTS:
1. ENTERIN, any dwelling against the will of the owner. The essence of the offense is
the breaching of the e!press or implied opposition of prohibition of the owner. (
mere entry without consent will not constitute this crime.
2. SEARC&IN, papers or other effects found therein without the previous consent of
such owner.
3. RE*USIN, to leave the premises+ )a* after having surreptitiously entered said
dwelling (1C, )b* after having re'uired to leave the same. T&E ESSENCE of t4e
offen1e i1 t4e refu1al to lea!e, and not t4e entran$e wit4out $on1ent
C%MM%N ELEMENTS:
1. that the offender is a public officer or employee
2. (nd that he is not authori,ed by .udicial order to enter the dwelling, andJor to make
a search for papers and for other effects.
SPECIAL A,,RAVATIN, CIRCUMSTANCES+
1. committed at nighttime
. if any papers or effects not constituting evidence of a crime are not returned
immediately, after a search is made by the offender.
Art 26B: SEARC& WARRANTS MALICI%USL3 %BTAINE( AN( ABUSE IN T&E
SERVICE %* T&%SE LE,ALL3 %BTAINE(
PUNIS&ABLE ACTS:
1. 2T PR%CURIN, a search warrant without .ust cause" or
2. though having procured the same with .ust cause+
a. 2T E'CEE(IN, his authority &3,
b. 2T USIN, INNECESSAR3 SEVERIT3 in e!ecuting this search warrant
legally procured
SEARC& WARRANT (E*INE(:
- it is an order in writing, issued in the name of the people of the -hilippines,
signed by a .udge and directed to a peace officer commanding him to search
for personal property described therein and bring it before the court.
Art 28C: SEARC&IN, (%MICILE WIT&%UT WITNESSES
ELEMENTS:
1. that the offender is a public officer or employee
. that he searches the domicile, papers, or other belongings of any person
3. That the owner or any member of his family, or two witnesses residing in the same
locality are not present.
Art 282: PR%&IBITI%N, INTERRUPTI%N AN( (ISS%LUTI%N %* PEACE*UL
MEETIN,S
ELEMENTS:
1. that the offender is a public officer or employee
. that he does any of the following prohibited acts+
a. Prohibiting or interrupting the holding of a peaceful meeting, or
dissolving the same, without legal ground"
- there is no legal ground to /prohibit0 the meeting, when the danger is not
imminent and the evil to be prevented is not a serious one.
b. hindering any person from .oining any lawful association or from
attending any of its meetings"
c. prohibiting or hindering any person from addressing , either alone or
together with others, any petition to the authorities for the correction of
abuses or redress of grievances
KK T4e offender mu1t #e a 1tran/er and not a "arti$i"ant t4ereto ot4erwi1e t4e
$rime $ommitted would #e un;u1t !e0ation

KK T4e interru"tion of a "ea$eful meetin/ of a muni$i"al $oun$il #5 a "u#li$
offi$er i1 a $rime a/ain1t a le/i1lati!e #od5 and not "uni14ed under t4i1
Arti$le
Art 286: INTERRUPTI%N %* RELI,I%US W%RS&IP
ELEMENTS+
1. that the offender is a public officer or employee
. that religious ceremonies or manifestations of any religion are about to take place or
are going on, and
$. that the offender prevents or disturbs the same
?? This crime is 2ualified by violence or threats.
Art 288: %**EN(IN, RELI,I%US *EELIN,S
ELEMENTS:
1. that the acts complained of were performed )a* in a place devoted to religious
worship )not necessarily during a religious worship*, %R )b* during the celebration
of any religious ceremony )not necessarily in he place of worship*"
2. That the acts must be notoriously offensive to the feelings of the faithful.
TITLE III
CRIMES A,AINST PUBLIC %R(ER
C4a"ter I
Art 28>:Re#ellion, Cou" dHetat, Sedition, and (i1lo5alt5
Re#ellion or In1urre$tion
Re#ellion Q the ob.ect of the movement is to overthrow and supersede the e!isting
government.
In1urre$tion Q it refers to a movement which seeks merely to effect some change of
minor importance, or to prevent the e!ercise of governmental authority with respect to
particular matters or sub.ects.
ELEMENTS:
1. That there be+
a. public uprising" and
b. taking arms against the government
. That the purpose of the uprising or movement is either
a. to remove from the allegiance to said 4overnment or its laws
1* the territory of the -hilippines or any part thereof" or
* any body of land, naval or other armed forces" or
b. To deprive the #hief 9!ecutive or congress, wholly or partially, of any of their
powers and prerogatives.

(ctual clash of arms with the forces of the 4overnment is not necessary" it is
sufficient that the purpose of the uprising must be shown although it was not
accomplished.
Re#ellion ! Trea1on
3ebellion always involves taking up arms against the government, giving aid and
comfort is not criminal in rebellion" Treason may be committed by mere adherence to
the enemy giving them aid or comfort.
Re#ellion ! Su#!er1ion
Subversion is a crime against national security" 3ebellion is a crime against public
order.
8evying war against the government during peacetime for any of the purposes
mentioned in (rt. 1$% )#oup detat* is 3ebellion.
C%UP (HETAT
&ow $ommitted:
It is a swift attack
(ccompanied by+ violence, intimidation, threat, strategy or stealth
Cirected against+
- duly constituted authorities of the 3epublic of the -hilippines, or
- any military camp or installation,
- communication networks,
- public utilities or
- other facilities needed for the e!ercise and continued possession of power.
Singly or simultaneously carried out anywhere in the -hilippines
2y any person or persons+
- belonging to the military or police, or
- holding any public office or employment
5ith or without civilian support or participation,
@or the purpose of+ sei,ing or diminishing state power.
Art 28?: Penalt5 for Re#ellion, In1urre$tion or Cou" dHetat
W4o are Lia#le:
A T4e leader1:
1. (ny person who )a* promotes )b* maintains, or )c* heads a rebellion or
insurrection.
. (ny person who )a* leads, )b* directs, or )c* commands others to
undertake coup detat"
B T4e "arti$i"ant1:
1. (ny person who )a* participates or )b* e!ecutes the commands of others in
rebellion, insurrection or coup detat"
. (ny person not in the government service who )a* participates, )b* supports,
)c* finances, )d* abets or )e* aids in undertaking a coup detat.
-ublic officer must take active part, to be liable" mere silence or omission is not
punishable in rebellion.
5hen rebellion, insurrection or coup detat shall be under the command of unknown
leaders, any person who in fact directed the others spoke for them, signed receipts
and other documents issue in their name, or performed similar acts, on behalf of the
rebels, shall be deemed a leader of such rebellion, insurrection or coup d:etat.
3ebellion cannot be comple!ed with other common crimes on the occasion thereof,
either as a means to its commission or as an intended effect of an activity that
constitutes rebellion.
Art 28D: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT C%UP (HETAT, REBELLI%N
%R INSURRECTI%N
1. There is Con1"ira$5 when+
2. two or more persons come to an agreement to commit coup detat or rebellion as
the case may be, and Cecide to commit it.
There is Pro"o1al when+
1. There is a person was decided to commit the crime of coup detat or rebellion as the
case may be, and
2. -roposes its e!ecution to some other person.
This is an instance where the law punishes preparatory acts.
Art 28G: (ISL%3ALT3 %* PUBLIC %**ICERS AN( EMPL%3EES
A$t1 of di1lo5altie1 w4i$4 are "uni14ed:
1. @ailing to resist a rebellion by all the means in their power" or
. #ontinuing to discharge the duties of their offices under the control of the rebels" or
$. (ccepting appointment to office under them.
This act presupposes the presence of rebellion by other persons.
The offender must not be in conspiracy with the rebels. &therwise, his crime is
the same as that of his co-conspirators.
Art 28A: INCITIN, T% REBELLI%N %R INSURRECTI%N
ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the
government"
. That he incites others to the e!ecution of any of the acts of rebellion"
$. That the inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
3ebellion should not be committed.
Art28B: SE(ITI%N
ELEMENTS:
1. That the offenders rise )a* publicly and )b* tumultuously"
. That they employ force, intimidation or other means outside of the legal methods"
$. That the offenders employ any of those means to attain any of the following ob.ects+
a. To prevent the promulgation or e!ecution of any law or the holding of any
popular election"
b. To prevent the 1ational 4overnment, or any provincial or municipal
government, or any public officer therefrom from freely e!ercising its or his
functions, or prevent the e!ecution of any administrative order"
c. To inflict any act of hate or revenge upon the person or property of any public
officer or employee"
d. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class" and
e. To despoil, for any political or social end, any person, municipality or
province, or the 1ational 4overnment of all its property or any part thereof.
-ublic ;prising and an ob.ect of sedition must concur.
#ommon crimes are not absorbed in sedition.
Trea1on ! Sedition
Trea1on is the violation by a sub.ect of his allegiance to his sovereign,
Sedition is the raising of commotion or disturbances in the state.
Per1on1 Lia#le:
1. The leader of the sedition
. &ther persons participating in the sedition
Art 2>2: C%NSPIRAC3 T% C%MMIT SE(ITI%N
&nly conspiracy to commit sedition is punishable, and not proposal to commit
sedition.
Art 2>6: INCITIN, T% SE(ITI%N
Puni14a#le A$t1:
1. Inciting others to the accomplishment of any of the acts of sedition, by means of
speeches, proclamations, writings, emblems, etc.
The essence is the inciting of the people to rise publicly and tumultuously. It
is the use of words, emblemsUetc. and not the performance of the act of
sedition, which is punished in inciting to sedition.
. ;ttering seditious words or speeches which tend to disturb the public peace.
$. 5riting, publishing, or circulating scurrilous libels against the government or any of
the duly constituted authorities, which tend to disturb the public peace.
(ctual disturbance or disorder is N%T necessary to inciting to sedition.
Inciting to sedition to accomplish any of its ob.ects" Element1:
1. That the offender does N%T take direct part in the crime of sedition.
2. That he incites others to the accomplishment of any of the act which constitutes
sedition.
$. That the inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end.
Utterin/ 1editiou1 word1 or 1"ee$4e1 and writin/ and "u#li14in/ or
$ir$ulatin/ 1$urrilou1 li#el1 are "uni14a#le J w4en:
1. They tend to disturb or obstruct any lawful officer in e!ecuting the
functions of his office.
. They tend to instigate others to cabal and meet together for unlawful
purposes.
$. They suggest or incite rebellious conspiracies or riots.
%. They lead or tend to stir up the people against the lawful authorities" or
disturb the peace of the community, the safety and order of the
4overnment.
T4ere are 6 rule1 relati!e to 1editiou1 word1+
2 T4e Clear and Pre1ent (an/er Rule
- The words must be of such nature that by uttering them there is a danger of
a public uprising and that such danger should be both clear and imminent.
6 T4e (an/erou1 Tenden$5 Rule
- There is inciting to sedition when the words uttered or published could easily
produce disaffection among the people and a state of feeling in them
incompatible with a disposition to remain loyal to the 4overnment and obedient
to the laws.
C&APTER II
CRIMES A,AINST P%PULAR REPRESENTATI%N
Art 2>8: ACTS TEN(IN, T% PREVENT T&E MEETIN, %* T&E ASSEMBL3 AN(
SIMILAR B%(IES
Element1:
1. That there be
a. a pro.ected meeting or actual meeting,
b. of the 1ational (ssembly or any of its committees or
subcommittees, constitutional commissions or committees or
divisions, or of any provincial board or city or municipal council
or board.
. That the offender who may be any person PREVENTS such meeting
by force or fraud.
Art 2>>: (ISTURBANCE %* PR%CEE(IN,S
Element1:
1. That there be a meeting of the #ongress or any of its committees or subcommittees,
#onstitutional #ommissions or committees, or any provincial board or city or
municipal council or board.
. That the offender does any of the following acts+
a. Be disturbs any of such meetings
b. Be behaves while in the presence of any such bodies, in such a manner as to
interrupt its proceedings or to impair the respect due it.
&ne who disturbs the proceedings of the #ongress, may also be punished for
contempt by the #ongress.
Art 2>?: Violation %* PARLIAMENTAR3 IMMUNIT3
Puni14a#le A$t1:
1. ;sing force, intimidation, threats, or fraud to prevent any member of #ongress from"
a. (ttending any meetings of the #ongress or any of its committees or
subcommittees, #onstitutional #ommissions or committees or divisions" or
b. 9!pressing his opinions" or
c. #asting his vote
. (rresting or searching any member while the #ongress is in regular session or
special session, e!cept in case such member has committed a crime punishable
under the #ode by a penalty of -rision Hayor or higher.
C4a"ter III
ILLE,AL ASSEMBLIES
*orm1 of ille/al A11em#l5:
1. (ny meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the #ode.
. (ny meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agents.
Per1on1 Lia#le in Ille/al A11em#l5:
1. The organi,ers or leaders of the meeting
. -ersons merely present at the meeting
-ersons merely present at the meeting must have a common intent to commit the
felony of illegal assembly.
It is necessary that the audience is actually incited. If in the meeting the audience is
incited the commission of rebellion or sedition, the crimes committed are ILLE,AL
ASSEMBL3 as regards to the organi,ers or leaders or persons merely present"
I1#ITI14 T% REBELLI%N or SE(ITI%N insofar as the one inciting them in
concerned.
If any person carries an unlicensed firearm, it is presumed that the purpose of the
meeting insofar as he is concerned is to commit acts punishable under the 3-# and
he is considered a leader or organi,er of the meeting.
Art 2>G: ILLE,AL ASS%CIATI%NS
Pro4i#ited A11o$iation1:
1. (ssociation totally or partially organi,ed for the purpose of committing any of the
crimes punishable under the #ode.
. (ssociation totally or partially organi,ed for some purpose contrary to public morals.
Per1on1 Lia#le:
1. @ounders, directors and president of the association.
. Hembers of the association
Art 2>A: (IRECT ASSAULTS
:ind1:
1. Simple (ssault
. ?ualified (ssault
6 Wa51 to Commit:
1. 5ithout public uprising, by employing force or intimidation for the attainment of any
purposes enumerated in defining the crimes of sedition and rebellion. &ffended party
need not be a person in authority or his agent, they may be a private individual.
. 5ithout public uprising, by attacking, by employing force or seriously intimidating or
by seriously resisting any person in authority of any of his agents, while engaged in
the performance of official duties, or on the occasion of such performance.
(ire$t A11ault i1 Iualified w4en:
1. #ommitted with a weapon
. offender is a public officer or employee
$. &ffender lays hands upon a person in authority
(dditional penalty for attacking an ambassador or minister )3( E6*
Pnowledge of the accused that the victim is a person in authority or his agent is
essential" must have the intent to defy the authorities.
Art 2>B: Indire$t ASSAULT
Element1:
1. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in (rt. 1%>.
. That a person comes to the aid of such authority or his agent.
$. That the offender makes use of force or intimidation upon such person coming to the
aid of the authority of his agent.
#an be committed only when a direct assault is also committed
&ffended party may be a private person" any person who comes to the aid of a
person in authority of his agent.
Art 2?C: (IS%BE(IENCE T% SUMM%NS ISSUE( B3 T&E NATI%NAL ASSEMBL3,
ITS C%MMITTEES %R SUBC%MMITTEES, B3 T&E C%NSTITUTI%NAL C%MMISSI%N,
ITS C%MMITTEES, SUBC%MMITTEES %R (IVISI%NS
Puni14a#le a$t1:
1. 3efusing, without legal e!cuse, to obey summons of the 1ational (ssembly, its
special or standing committees and subcommittees, the #onstitutional #ommissions
and its committees, subcommittees and divisions, or by any commission or
committee chairman or member authori,ed to summon witnesses.
. 3efusing to be sworn or placed under affirmation while before such legislative or
constitutional body or official.
$. 3efusing to answer any legal in'uiry or to produce any books, papers, documents, or
records in his possession, when re'uired by them to do so in the e!ercise of their
functions.
%. 3estraining another from attending as a witness in such legislative or constitutional
body.
6. Inducing disobedience to summons or refusal to be sworn by any such body or
official.
Art 2?2: RESISTANCE AN( (IS%BE(IENCE T% A PERS%N IN AUT&%RIT3 %*
T&E A,ENTS %* SUC& PERS%N
Element1 of Re1i1tan$e and Seriou1 (i1o#edien$e:
1. That a person in authority or his agent is engaged in the performance of official duty
or gives a lawful order to the offender.
. That the offender resists or seriously disobeys such person in authority or his agent.
$. That the act of the offender is not included in the provisions of 1%> Q 16G ) Cirect
assault, Indirect assault, and Cisobedience to summonsU, respectively*
Element1 of Sim"le (i1o#edien$e:
1. That an agent of person in authority is engaged in the performance of official duty or
gives a lawful order to the offender.
. That the offender disobeys such agent of a person in authority.
$. That such disobedience is not of a serious nature.
The crime consists of the failure to comply with the direct orders issued by the
authorities in the e!ercise of official duties.
Cistinction+
(ire$t A11ault:The person in authority or his agent must be engaged in the
performance of official duties of that he is assaulted by reason thereof.
Re1i1tan$e: -ersons in authority or his agent must be in actual performance of duties
(ire$t A11ault: That there is force employed.
Re1i1tan$e+ ;se of force is not so serious, as there is no manifest intention to defy the
law and officers enforcing it.
Per1on in aut4orit5
- (ny person directly vested with .urisdiction, whether as an individual or as a
member of some court or government owned or controlled corporation, board
or commission.
A/ent of "er1on in aut4orit5
- any person who by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as barangay councilman,
barangay policeman, barangay leader officers and members of the 2arangay
#ommunity 2rigades, and any person who comes to the aid of persons in
authority. 2arangay captain and barangay chairs are also deemed as persons
in authority.
Per1on1 in aut4orit5 in$lude:
1. Hunicipal mayor
. Civision superintendent of schools
$. -ublic and private school teachers
%. Teacher" nurse
6. -resident of Sanitary division
D. -rovincial fiscal
E. <ustice of peace
>. Hunicipal councilor
=. 2arrio captain and barangay chair.
-rofessors are persons in authority for (rt. 1%> and 161, but 1&T in (rt. 1%= )Cirect
assault*
Art 2?8: TUMULTS AN( %T&ER (ISTURBANCES %* PUBLIC %R(ER
Puni14a#le a$t1:
1. #ausing any serious disturbance in public place, office or establishment.
. Interrupting or disturbing public performances, functions or gatherings, or peaceful
meetings, if the act is not included in 1$1-1$
$. Haking an outcry tending to incite rebellion or sedition in any meeting, association,
or public place.
%. Cisplaying placards or emblems which provoke a disturbance of public order in such
place.
6. 2urying with pomp the body of a person who has been legally e!ecuted.
Serious disturbance must be planned or intended.
%UTCR3- to shout subversive or provocative words tending to stir up the people to
obtain by means of force or violence any of the ob.ects of rebellion or sedition.
If TUMULTU%US, crime is 'ualified.
Art 2?>: UNLAW*UL USE %* MEANS %* PUBLICATI%N AN( UNLAW*UL
UTTERANCES
Puni14a#le a$t1:
1. -ublishing or causing to be published, by means of printing, lithography or any other
means of publication, as news, any false news which may endanger the public order,
or to cause damage to the interest or credit of the State.
. 9ncouraging disobedience to the law or to the constituted authorities or by praising,
.ustifying or e!tolling any act punished by law, by the same means or by words,
utterances or speeches.
$. Haliciously publishing or causing to be published any official resolution or document
without authority, or before they have been published officially.
%. -rinting, publishing or disturbing )or causing the same* books, pamphlets,
periodicals, or leaflets which do not bear the real printers name, or which are
classified as anonymous.
(ctual public disorder or actual damage to the credit of the State is not necessary.
&ffender must know that the news is false
Art 2??: ALARMS AN( SCAN(ALS
Puni14a#le A$t1@
1. Cischarging any firearm, rocket, firecracker, or other e!plosive within any town or
public place calculated to cause alarm or danger )should not be aimed at a person
otherwise, shall be liable of (rt. 6%*
. Instigating or taking an active part in any charivari or other disorderly meeting
offensive to another or pre.udicial to public tran'uility.
$. Cisturbing the public peace while wandering about at night or while engaged in any
other nocturnal amusements.
%. #ausing any disturbance or scandal in public places while into!icated or otherwise,
provided 16$ is not applicable.
The act must produce alarm or danger as a conse'uence.
C&ARIVARI Q includes a medley of discordant voices, a mock serenade of discordant
noises made on kettles, tin, horns, etc. designed to annoy or insult.
If the disturbance is of a serious nature, the case will fall under (rt. 16$.
Art 2?D: (ELIVERIN, PRIS%NERS *R%M 7AIL
Element1:
1. That there is a person confined in a .ail or penal establishment )detention included*
. That the offender removes such person, or helps the escape of such person.
The offender is usually an outsider.
-ublic officer in custody+ Infidelity in the custody of a prisoner.
Miolence, intimidation or bribery is not necessary.
Art 2?G: EVASI%N %* SERVICE %* SENTENCE
Element1:
1. That the offender is a convict by final .udgment.
. That he is serving his sentence, which consists in deprivation of liberty.
$. That he evades the service of his sentence by escaping during the term of his
sentence. )by reason of final .udgment*
Cir$um1tan$e1 9ualif5in/ t4e offen1e:
1. 2y means of unlawful entry
. 2y breaking doors, windows, gates, walls, roofs or floors.
$. 2y using picklocks, false keys, disguise, deceit, violence, or intimidation
%. Through connivance with other convicts or employees of the penal institution.
Art 2?A: EVASI%N %* SERVICE %* SENTENCE %N T&E %CCASI%N %*
(IS%R(ERS, C%N*LA,RATI%N, EART&IUA:ES %R %T&ER CALAMITIES
Element1:
1. That the offender is a convict by final .udgment, and is confined in a penal institution
. That there is disorder resulting from+
a. #onflagration
b. 9arth'uake
c. 9!plosion
d. Similar catastrophe
e. Hutiny in which he has not participated
$. That the offender evades the service of his sentence by leaving the penal institution
where he is confined, on the occasion of such disorder or during the mutiny.
%. That the offender fails to give himself up to the authorities within %> hours following
the issuance of a proclamation by the #hief 9!ecutive announcing the passing away
of such calamity.
If the offender fails to give himself up, he gets an increased penalty.
If the offender gives himself up, he is entitled to a deduction of his sentence.
Art 2?B: %T&ER CASES %* EVASI%N %* SENTENCE +C%N(ITI%NAL PAR(%N.
Element1:
1. That the offender was a convict
. That he was granted a conditional pardon by the #hief 9!ecutive
$. That he violated any of the conditions of such pardon
Miolation of #onditional -ardon is a distinct crime" #onditional -ardon is a contract
between the convict and the #hief 9!ecutive.
#onditions e!tend to special laws
&ffender must be found guilty of subse'uent offense before he can be prosecuted
under (rt. 16=
&ffender can be arrested and reincarcerated without trial Q in accordance with Sec.
D% )1* of the 3(#
Curation of the conditions subse'uent is limited to the remaining period of the
sentence.
Art 2DC: C%MMISSI%N %* AN%T&ER CRIME (URIN, T&E SERVICE %* PENALT3
IMP%SE( *%R AN%T&ER PREVI%US %**ENSE +IUASI-RECI(IVISM.
IUASI-RECI(IVISM, defined
( special aggravating circumstance where a person after having been convicted by final
.udgment, shall commit a new felony before beginning to serve such sentence, or while
serving the same.
Element1:
1. That the offender was already convicted by final .udgment
. That he committed a new felony before beginning to serve such sentence or while
serving the same.
The first crime which the offender is serving sentence need not be a felony" new
offense need not be of different character from that of the former offense. )the
second crime must be a felony*
Coes not re'uire that the two offenses are embraced in the same title of the #ode.
(s distinguished from REITERACI%N which re'uires that the offender against whom
it is considered shall have served out his sentences for the prior offenses.
#annot be offset by ordinary mitigating circumstances.
W4o $an #e PAR(%NE(:
1. (t the age of EG if he shall have already served out his original sentence ) N%T A
&ABITUAL CRIMINAL*" or
. 5hen he shall complete it after reaching the said age, unless by reason of his
conduct or other circumstances he shall not be worthy of such clemency
TITLE IV
CRIMES A,AINST PUBLIC INTEREST
ART 2D2: C%UNTER*EITIN, T&E ,REAT SEAL %* T&E ,%VERNMENT, T&E
SI,NATURE, %R T&E STAMP %* T&E C&IE* E'ECUTIVE
Puni14a#le A$t1:
1. @orging the 4reat Seal of the 4overnment of the -hilippines
. @orging the signature of the -resident
$. @orging the stamp of the -resident
Art 2D6: USIN, *%R,E( SI,NATURE %R C%UNTER*EIT SEAL %R STAMP
Element1:
1. That the 4reat Seal of the 3epublic was counterfeited or the signature or stamp of
the #hief 9!ecutive was forged by another person.
. That the offender knew of the counterfeiting or forgery.
$. That he used the counterfeit seal or forged signature or stamp.
The offender should not be the forger
Art 2D8: MA:IN, AN( IMP%RTIN, AN( UTTERIN, *ALSE C%INS
Element1:
1. That there be false or counterfeited coins
. That the offender either made, imported or uttered such coins
$. That in case of uttering such false or counterfeited coins, he connived with the
counterfeiters or importers
#oin is *ALSE or C%UNTER*EITE(, if it is forged or if it is not authori,ed by the
4overnment as legal tender, regardless of its intrinsic value.
To UTTER is to pass counterfeit coins, includes delivery or the act of giving them
away.
@ormer coins withdrawn from circulation may be counterfeited.
#oins of foreign country not included.
Art 2D>: MUTILATI%N %* C%INS, IMP%RTATI%N AN( UTTERANCE %*
MUTILATE( C%INS
Puni14a#le A$t1:
1. Hutilating coins of the legal currency, with the further re'uirement that there be
intent to damage or to defraud another.
. Importing or uttering such mutilated coins, with the further re'uirement that there
must be connivance with the mutilator or importer in case of uttering.
Hutilation of foreign currency not included.
MUTILATI%N Q to take off part of the metal either by filling it or substituting it for
another metal of inferior 'uality.
#oins must be in legal tender
Art 2D?: SELLIN, %* *ALSE %R MUTILATE( C%IN WIT&%UT C%NNIVANCE
Puni14a#le A$t1:
1. -ossession of coin counterfeited or mutilated by another person, with intent to utter
the same, knowing that it is false or mutilated.
Element1:
a. -ossession
b. 5ith intent to utter
c. Pnowledge
. (ctually uttering such false or mutilated coin, knowing the same to be false or
mutilated
Element1:
a. (ctually uttering
b. Pnowledge
Coes not re'uire legal tender
(ccused must have knowledge of the fact that the coin is false
Art 2DD: *%R,IN, TREASUR3 %R BAN: N%TES %R %T&ER (%CUMENTS
PA3ABLE T% T&E BEARER@ IMP%RTIN, AN( UTTERIN, SUC& *ALSE %R *%R,E(
N%TES AN( (%CUMENTS
Puni14a#le A$t1:
1. @orging or falsification of treasury or bank notes or other documents payable to
bearer
. Importation of such false or forged obligations or notes
$. ;ttering of such false or forged obligations or notes in connivance with the forgers or
importers.
Note1 and ot4er %#li/ation1 and Se$uritie1 t4at ma5 #e for/ed or fal1ified
under 2DD:
1. Treasury or bank notes
. #ertificates
$. &ther obligations and securities, payable to bearer.
Art 2DG: C%UNTER*EITIN,, IMP%RTIN, AN( UTTERIN, INSTRUMENTS N%T
PA3ABLE T% BEARER
Element1:
1. That there be an instrument payable to order or other such document of credit not
payable to bearer
. That the offender either forged, imported or uttered such instrument
$. That in case of uttering, he connived with the forger or importer.
Art 2DA: ILLE,AL P%SSESSI%N AN( USE %* *ALSE TREASUR3 %R BAN:
N%TES AN( %T&ER INSTRUMENTS %* CRE(IT
Element1:
1. That any treasury or bank note or certificate or other obligation and security payable
to bearer or any instrument payable to the order or other document of credit not
payable to bearer is forged or falsified by another person.
. That the offender knows that any of those instruments is forged or falsified.
$. That he performs any of these acts+
a. ;sing any of such forged or falsified instruments
b. -ossession with intent to use of any of such forged or falsified instruments.
&ow *or/er5 i1 $ommitted:
1. 2y giving a treasury or bank note or any instrument payable to bearer or to order
mentioned therein, the appearance of a true and genuine document.
. 2y erasing, substituting, counterfeiting or altering by means the figures, letters,
words, or sign contained therein.
$. @orgery includes falsification and counterfeiting
The accused must e!ert effort to make it appear like a genuine document.
The crime of falsification must involve a writing which is a document in the legal
sense.
(%CUMENT is any written statement by which a right is established or an obligation
e!tinguished.
Cla11ifi$ation of (o$ument1:
1. Pu#li$ do$ument1 Q
a. document created, e!ecuted or issued by a public official in response to
e!igencies of the public service, or in e!ecution of which a public official
intervened"
b. instrument authori,ed by a notary public or a competent public official with
the solemnities re'uired by law.
2. %ffi$ial do$ument J issued by a public official in the e!ercise of
the functions of his office" also a public document.
3. Commer$ial do$ument Q defined and regulated by the #ode of
#ommerce or other #ommercial 8aw.
4. Pri!ate do$ument Q a deed or instrument e!ecuted by a private
person without the intervention of a notary public or other person
legally authori,ed, by which document, some disposition or
agreement is proved, evidenced or set forth.
Importance of #lassification+
1. In private documents, criminal liability will not arise unless there is
damage caused to third person. Here falsity will not bring about
criminal liability.
. In public or commercial documents, criminal liability can arise
although no third person suffered damage.
Art 2GC: *ALSI*ICATI%N %* LE,ISLATIVE (%CUMENTS
Element1:
1. That there be a bill, resolution or ordinance enacted or approved or pending
approval by the 1ational (ssembly or any provincial board or municipal council
. That the offender alters the same
$. That he has no proper authority
%. That the alteration has changed the meaning of the document.
*%R,ER3 as used in (rt. 1D= refers to the alteration, substitution or counterfeiting
of words, letters, signatures of treasury notes or bank notes or any instrument
payable to bearer or to order. Haking it appear like a genuine instrument.
*ALSI*ICATI%N is the commission of any of the acts mentioned in (rt. 1E1 on
legislative, public or official, commercial, or private documents.
The bill, resolution, ordinanceU must be ,ENUINE
Art 2G2: *ALSI*ICATI%N B3 PUBLIC %**ICER, EMPL%3EE@ %R N%TAR3 %R
ECCLESIASTICAL MINISTER
Element1:
1. That the offender is public officer, employee or notary public
. That he takes advantage of his official position+ )re'uisites*
a. Be has a duty to make or prepare or otherwise intervene in the preparation of
the document
b. Be has official custody of the document which he falsifies.
. That he falsifies a document by committing any of the following acts+
a. #ounterfeiting or imitating any handwriting, signature or rubric
b. #ausing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate.
c. (ttributing to persons who have participated in an actor proceeding
statements other than those in fact made them.
d. Haking untruthful statements in a narration of facts.
e. (ltering true dates.
f. Haking any alteration or intercalation in a genuine document which changes
its meaning.
g. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original copy e!ists, or including in such
copy to, or different from that of the genuine original.
h. Intercalating any instrument or note relative to the issuance in a protocol,
registry or official book.
4enuine document in pars. f,g,h is necessary.
@alsification may be committed by simulating or fabricating a document.
In case the offender is an ecclesiastical minister, 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.
IMITATIN,
@eigning to represent by a false appearance" to give a mental e!istence.
PERS%NS LIABLE:
1. (ny public officer, employee or notary public
. 9cclesiastical minister
Art2G6: *ALSI*ICATI%NS B3 PRIVATE IN(IVI(UALS N USE %* *ALSI*IE(
(%CUMETS
PUNIS&ABLE ACTS:
1. *al1ifi$ation of "u#li$ , offi$ial, $ommer$ial do$ument #5 a "ri!ate
indi!idual
-ossessor of a falsified document is presumed to be the author of the
falsification.
Camage or intent to cause the damage is not necessary in (rt.1E par.1
. *al1ifi$ation of "ri!ate do$ument #5 an5 "er1on
The offender must have counterfeited the false document and he must have
performed an independent act which operates to the pre.udice of a third person.
U1e of a fal1ified do$ument
0. #n a ;udicial proceeding
- as evidence, with knowledge of falsity
2. #n any other transaction
- 5ith knowledge of falsity, caused or with intent to cause damage to another.
*ALSI*ICATI%N a1 a mean1 to $ommit ESTA*A
- 5hen committed on a document through any of the acts of falsification
enumerated in (rt. 1E1 as a necessary means to commit another crime, the
two crimes form a C%MPLE' CRIME
- 2ut the document falsified as a necessary means to commit another crime
must be PUBLIC, %**ICIAL or C%MMERCIAL. If one makes use of a private
document, which re'uires another independent act independent of the
falsification, which he falsified, to defraud another, there results only one
crime Q *ALSI*ICATI%N %* A PRIVATE (%CUMENT
- If a private document is falsified to conceal the misappropriation of the
money or other personal property which has been in the possession of the
offender the crime is Q ESTA*A WIT& ABUSE %* C%N*I(ENCE
- If the estafa was already consummated at the time of the falsification of the
private document, or that the falsification was committed for the purpose of
concealing the estafa, the falsification is not punishable because there was
no damage or intent to cause damage with regard to the falsification.
Art 2G8: *ALSI*ICATI%N %* WIRELESS, CABLE, TELE,RAP& AN( TELEP&%NE
MESSA,ES, AN( USE %* SAI( *ALSI*IE( MESSA,ES
Puni14a#le A$t1:
1. ;ttering fictitious wireless, telegraph or telephone message.
. @alsifying wireless, telegraph or telephone message.
$. ;sing such falsified message.

EU1in/ fi$titiou1 me11a/e or fal1if5in/ t4e 1ameF
Element1:
1. That the offender is an officer or employee of the 4overnment or an officer or
employee of a private corporation, engaged in the service of sending or receiving
wireless, cable or telephone message.
. That the offender commits any of the following acts+
a. ;ttering fictitious wireless, cable, telegraph or telephone message" or
b. @alsifying wireless, cable, telegraph, or telephone message.
The public officer, to be liable, must be engaged in the service of sending or
receiving wireless cable, telegraph or telephone message.
EU1e of 1aid fal1ified me11a/e1F
Element1:
1. That the accused knew that wireless, cable, telegraph, or telephone message was
falsified by any of the persons specified in the first paragraph of (rt. 1E$.
. That the accused used such falsified dispatch.
$. That the use of falsified dispatch resulted in the pre.udice of a third party, or that
the use thereof was with intent to cause such pre.udice.
-rivate individuals cannot be a principal by direct participation in falsification of
telegraphic dispatches under (rt. 1E$
(ct. 1o. 1>61, Sec. %, punishes private individuals who forge or alter telegram.
Art 2G>: *ALSI*ICATI%N %* ME(ICAL CERTI*ICATES, *ALSE CERTI*ICATES %*
MERIT %R SERVICE, ETC
CERTI*ICATE Q is any writing by which testimony is given that a fact has or has not
taken place.
PERS%NS LAIBLE *%R *ALSI*ICATI%N %* CERTI*ICATES:
1. -hysician or surgeon who, in connection with the practice of his profession, issued a
false certificate. +IT MUST RE*ER T% T&E ILLNESS %R IN7UR3 %* A PERS%N.
The name of the crime is *ALSE ME(ICAL CERTI*ICATE by a physician.
. -ublic officer who issued a false certificate of merit or service, good conduct or
similar circumstances.
The name of the crime is *ALSE CERTI*ICATE %* MERIT %R SERVICE by a public
officer.
$. -rivate individual who falsified a certificate falling in the classes mentioned in nos. 1
and .
The crime is *ALSE ME(ICAL CERTI*ICATE by a private individual or *ALSE
CERTI*ICATE %* MERIT %R SERVICE by a private individual.
Art 2G?: USIN, *ALSE CERTI*ICATES
Element1:
1. That a physician or surgeon had issued a false medical certificate, or a public officer
had issued a false certificate of merit or service, good conduct, or similar
circumstances, or a private person has falsified any of said certificates.
. That the offender knew that the certificate was false.
$. That he used the same.
5hen any of the false certificates mentioned in (rt. 1E% is used in the .udicial
proceeding, (rt. 1E does not apply, because the use pf false document in .udicial
proceeding under (rt. 1E is limited to those false documents embraced in (rt. 1E1
and 1E.
Art 2GD: MANU*ACTURIN, AN( P%SSESSI%N %* INSTRUMENT %R
IMPLEMENTS *%R *ALSI*ICATI%N
A$t1 "uni14a#le:
1. Haking or introducing into the -hilippines any stamps, dies, marks, or other
instruments or implements for counterfeiting of falsification.
. -ossessing with intent to use the instruments or implements for counterfeiting or
falsification made in or introduced into the -hilippines by another person.
TITLE SI' %* B%%: TW%, RPC
CRIMES A,AINST PUBLIC M%RALS +Art1 2B?-6C6.
(rts. 1=6-1==, -rovisions of -.C. %>$ and %%= are repealed which are inconsistent with
%.#. :A76 or %residential #ecree %rescribing +tiffer %enalties 'n &llegal
=ambling.
)a* The penalty of prision correccional in its medium period or a fine ranging from -1,GGG
to -D,GGG, and in case of recidivism, the penalty of prision mayor in its medium period or
a fine ranging from -D,GGG to -1G,GGG shall be imposed upon+
)1* (ny person who, in any manner, directly or indirectly takes part in any
illegal or unauthori,ed activities or games of-
1. cockfighting, .ueteng, .ai-alai or horse racing to include bookie operations and
game fi!ing, numbers, bingo and other forms of lotteries"
. cara y cru, or pompiang and the like"
$. E-11 and any game using dice"
%. black .ack, lucky nine, poker and its derivatives, mote, baccarat, cua.o,
pangguingue and other card games"
6. pak 'ue, high and low, mah.ong, domino, and other games using plastic tiles and
the like"
D. slot machines, roullete, pinball and other mechanical contraptions and devices"
E. dog racing, boat racing, car racing, and other forms of races"
>. basketball, bo!ing, volleyball, bowling, pingpong and other forms of individual or
team contests to include game fi!ing, point shaving and other machinations"
=. banking or percentage game, or any other game or scheme, whether upon
chance or scheme, wherein wagers consisting of money, articles of value or
representative of value are at stake or made.
)* (ny person who knowingly permits any form of gambling, 1os. )1 to =*, to
be carried on in an inhabited or uninhabited place, or in any building, vessel or
other means of transportation owned or controlled by him.
)b* The penalty of prision correccional in its ma!imum period and a fine of si! thousand
pesos shall be imposed upon+
)1* any person who shall knowingly permit any form of gambling to be carried
on in a place which has a reputation of a gambling place or that prohibited
gambling is fre'uently carried on therein, or in a public or government building
or barangay hall"
)* the maintainer or conductor of the gambling schemes. )1ote+ 2anker is
not mentioned in the decree.*
)c* The penalty of prision mayor in its medium period with temporary absolute
dis'ualification or a fine of -D,GGG shall be imposed if the maintainer, conductor or
banker of the gambling schemes is a government official, or where such government
official is the player, promoter, referee, umpire, .udge or coach in case of game fi!ing,
point shaving and other machination.
)d* The penalty of prision correccional in its medium period or a fine ranging from -%GG
to -,GGG shall be imposed upon any person who knowingly and without lawful purpose
in any hour of any day possesses any lottery list, paper, or other matter containing
letters, figures, signs or symbols pertaining to or in any manner used in the games of
.ueteng, .ai-alai or horse racing bookies and similar games of lotteries and numbers
which have taken place or about to take place.
,am#lin/ is a game or scheme the result of which depends wholly or chiefly
upon chance or ha,ard.
Pla5in/ of monte for mone5 i1 not a ne$e11ar5 element );.S. vs.
3afael, $ -hil. 1>%*.
A /ame or 1$4eme i1 "uni14a#le even if the winning depends upon
skill, Vwhen wagers consisting of money, articles or value or representative of
value are at stake or made.V
C4a"ter III
%**ENSES A,AINST (ECENC3 AN( ,%%( CUST%MS
Art 6CC: ,ra!e S$andal
#onsists of acts which are offensive to decency and good customs which, having been
committed publicly, have given rise to public scandal to persons who have accidentally
witnessed the same.
Element1:
1. That the offender performs an act or acts.
. That such act or acts be highly scandalous as offending against decency and
good customs.
$. That the highly scandalous conduct is not e!pressly falling within any other
article of this #ode.
%. That the act or acts complained of be committed in a public place within the
public knowledge or view.
If the act or acts of the offender are punished under another article of this #ode, (rt. GG
is not applicable.
Cistinction should be made as to the place where the offensive act was committed+
a. If in public place, there is criminal liability irrespective of whether the
immoral act was in open public view"
b. If in private place, public view is re'uired.
-ublic view does not re'uire numerous persons. 9ven if there was only one person who
witnessed the offensive act for as long as the third person was not an intruder, grave
scandal is committed provided the acts do not fall under any other crime in the 3-#.
Art 6C2: Immoral (o$trine1, %#1$ene Pu#li$ation1 and E04i#ition1, and
Inde$ent S4ow1 +A1 amended #5 P( BDB.
Per1on1 lia#le:
1. Those who shall publicly e!pound or proclaim doctrines openly and
contrary to public morals"
. The authors of obscene literature, published with their knowledge in any
form" the editors publishing such literature" and the ownersJoperators of the
establishment selling the same"
$. Those who, in theaters, fairs, cinematographs or any other place, e!hibit
indecent or immoral plays, scenes, acts or shows, it being understood that the
obscene literature or indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are proscribed by virtue hereof, shall include those which+
a. 4lorify criminals or condone crimes
b. Serve no other purpose but to satisfy the market for violence, lust or
pornography
c. &ffend any race or religion
d. Tend to abet traffic in the use of prohibited drugs and
e. (re contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts"
4. Those who shall sell, give away, or e!hibit films, prints, engravings,
sculptures, or literature, which are offensive to morals.
Te1t of %#1$enit5+ 5hether or not the material charged as obscene has the tendency
to deprave and corrupt the minds of those open to the influence, or into whose hands
such material may come to )Pottinger 3ule*. 5here such obscenity is made publicly,
criminal liability arises.
It is more on the effect upon the viewer and not alone on the conduct of the performer.
Art 6C6: Va/rant1 and Pro1titute1
Per1on1 lia#le:
1. (ny person having no apparent means of subsistence, who has the physical
ability to work and who neglects to apply himself or herself to some lawful calling"
. (ny person found loitering about public or semipublic buildings or places, or
tramping or wandering about the country or the streets without visible means of
support"
$. (ny idle or dissolute person who lodges in houses of ill-fame" ruffians or pimps
and those who habitually associate with prostitutes"
%. (ny person who, not being included in the provisions of other articles of this
#ode, shall be found loitering in any inhabited or uninhabited place belonging to
another without any lawful or .ustifiable purpose"
6. -rostitutes )women who, for money or profit, habitually indulge in se!ual
intercourse or lascivious conduct*.
-rostitution is a term applicable also to a man if he engages in the same conduct+ se!
for money does not constitute prostitution but vagrancy.
The common concept of a vagrant is a person who loiters in public places without any
visible means of livelihood and without any lawful purpose.
The law punishes the act involved here as a stepping stone to the commission of other
crimes. 5ithout this article, law enforcers would have no way of checking a person
loitering in the wrong place at the wrong time.
TITLE SEVEN
CRIMES C%MMITTE( B3 PUBLIC %**ICERS
Art 6C8: W4o are "u#li$ offi$er1
Re9ui1ite1:
&ne must be-
1. Taking part in the performance of public functions in the 4overnment or
performing in said 4overnment or in any of its branches public duties as an
employee, agent or subordinate official of any rank or class.
. That his authority to take part in the performance of public functions or to
perform public duties must be-
a. 2y direct provision of law
b. 2y popular election
c. 2y appointment by competent authority
;nder the (nti-4raft and #orrupt -ractices (ct )(4#-(*, the term public officer is
broader and more comprehensive because it includes all persons whether an official or
an employee, temporary or not, classified or not, contractual or otherwise. (ny person
who receives compensation for services rendered is a public officer.
C4a"ter II
CRIMES %* MAL*EASANCE AN( MIS*EASANCE IN %**ICE
MIS*EASANCE- improper performance of some act which might lawfully be done
MAL*EASANCE- the performance of some act which ought not to be done
N%N*EASANCE- omission of some act which ought to be performed
Art 6C>: :nowin/l5 renderin/ un;u1t ;ud/ment
Element1:
1. That the offender is a .udge"
. That he renders a .udgment in a case submitted to him for decision"
$. That the .udgment is un.ust"
%. That the .udge knows that his .udgment is un.ust.
<udgment is a final consideration and determination of a court of competent .urisdiction
upon the matters submitted to it, in an action or proceeding.
( mere fact that the .udge promised to the other party that he would decide the case
against the complainant does not prove that the .udgment is un.ust. It is possible that
such .udgment is supported by the facts and the law.
The rule re'uires that .udgment should be rendered by the .udge with conscious and
deliberate intent to do an in.ustice.
Art 6C?: 7ud/ment rendered t4rou/4 ne/li/en$e
Element1:
1. That the offender is a .udge"
. That he renders a .udgment in a case submitted to him for decision"
$. That the .udgment is manifestly un.ust"
%. That it is due to his ine!cusable negligence or ignorance.
Art 6CD: Un;u1t interlo$utor5 order
Element1:
1. That the offender is a .udge"
. That he performs any of the following acts+
a. Pnowingly renders un.ust interlocutory order or decree" or
b. Be renders a manifestly un.ust interlocutory order or decree through
ine!cusable negligence or ignorance.
Art 6CG: Mali$iou1 dela5 in t4e admini1tration of ;u1ti$e
Element1:
1. That the offender is a .udge"
. That there is a proceeding in his court"
$. That he delays the administration of .ustice"
%. That the delay is malicious, that is, the delay is caused by the .udge with
deliberate intent to inflict damage on either party in the case.
Art 6CA: Pro1e$ution of offen1e1@ ne/li/en$e and toleran$e
Puni14a#le a$t1:
1. Haliciously refraining from instituting prosecution against violators of the law
. Haliciously tolerating the commission of offenses
Pre!ari$a$ion+ Cereliction of duty in the prosecution of offenses+
Element1:
1. That the offender is a public officer or officer of the law who has a duty to cause
the prosecution of, or to prosecute offenses.
. That there is dereliction of the duties of his office" that is, knowing the
commission of the crime, he does not cause the prosecution of the criminal or
knowing that a crime is about to be committed, he tolerates its commission.
$. That the offender acts with malice and deliberate intent to favor the violator of
the law.
Per1on1 lia#le:
1. -ublic officer
. (n officer of the law
-revaricacion used to be a crime under the Spanish #odigo -enal wherein a public
officer, regardless of his duty, violates the oath of his office by not carrying out the
duties of his office for which he was sworn to office thus amounting to dereliction of
duty.
The thrust of prevaricacion is the breach of the oath of office by the public officer
who does an act in relation to his official duties.
The crime committed by the law violator must be proved first. If the guilt of the law-
violator is not proved, the person charged with dereliction of duty under this article
is not liable.
2I3 officers, agents, or employees who, having knowledge or information of a
violation of the Internal 3evenue 8aw, fail to report such knowledge or information to
their superiors, shall be punished under that law, not under this provision.
Art 6CB: Betra5al of tru1t #5 an attorne5 or 1oli$itor
Puni14a#le a$t1:
1. #ausing damage to his client, either+
a. 2y any malicious breach of professional duty" or
b. Ine!cusable negligence or ignorance.
-t4ere mu1t #e dama/e to t4e $lient
. 3evealing any of the secrets of his client learned by him in his professional
capacity.
-dama/e i1 not ne$e11ar5
$. ;ndertaking the defense of the opposing party in the same case, without the
consent of his first client, after having undertaken the defense of the said first client,
or after having received confidential information from said client.
-if t4ere i1 $on1ent, no $rime
V5ith a view to engaging-V disclosure here is already confidential )3evised 3ules on
9vidence*.
The nominal liability under this article may be constituted either from breach of
professional duties in the handling of the case or it may arise out of the confidential
relation between the lawyer and the client.
2reach of professional duty- tardiness in the prosecution or the case for which reason
the case was dismissed for being non-prosecuted" or tardiness on the part of the
defense counsel leading to declaration of default and adverse .udgment.
2reach of confidential relation- revealing information obtained or taking advantage
thereof by accepting the engagement with the adverse party. There is no need to
prove that the client suffered damages. The mere breach of confidential relation is
punishable.
Art 62C: (ire$t #ri#er5
Puni14a#le a$t1:
1. (greeing to perform, or by
performing, in consideration of
any offer, promise, gift or present-
an act constituting a crime, in
connection with the performance
of his official duties.
. (ccepting a gift in
consideration of the e!ecution of
an act which does not constitute a
crime, in connection with the
performance of his official duty.
$. (greeing to refrain, or by
refraining, from doing something
which it is his official duty to do, in
consideration of gift or promise.
Iualified #ri#er5- committed by public
officers entrusted with the enforcement
of law and whose duty is to arrest and prosecute those who violate them where the
penalty for the same is reclusion perpetua or higher.
@or purposes of punishing bribery, the temporary performance of public functions is
sufficient to constitute a person a public officer.
The gift may be received by the public officer himself or through a third person.
The gift or present must be capable of pecuniary estimation.
The crime of direct bribery may be committed only in the attempted and
consummated stages, because in frustrated felony, the offender must have
performed all the acts of e!ecution which would produce the felony as a
conse'uence.
In (ire$t #ri#er5, $on1ider w4et4er t4e offi$ial a$t w4i$4 t4e "u#li$ offi$er
a/reed to do i1 a $rime or not:
1. If it will amount to a crime, it is not necessary that the corruptor should deliver
the consideration on the doing of the act.
. If it is not a crime, the consideration must be delivered by the corruptor before a
public officer can be prosecuted for bribery.
2ribery refers to the act of the receiver and the act of the giver is #orruption of
-ublic &fficial.
Art 622: Indire$t #ri#er5
Element1:
1. That the offender is a public officer.
. That he accepts gifts.
$. That the said gifts are offered to him by reason of his office.
-1o attempted or frustrated stage
Art 626: Corru"tion of "u#li$ offi$ial1
Element1:
1. That the offender makes offers or promises or gives gifts or presents to a public
officer.
. That the offers or promises are made or the gifts or present given to a public
officer, under circumstances that will make the public officer liable for direct bribery
or indirect bribery.
Art 628: *raud1 a/ain1t t4e "u#li$ trea1ur5 and 1imilar offen1e1
Puni14a#le A$t1:
1. 9ntering into an agreement with any interested party or speculator or making
use of any other scheme, to defraud the 4overnment, in dealing with any person
(IRECT BRIBER3 IN(IRECT
BRIBER3
-ublic officer
receives a gift
-ublic officer
receives a gift
There is an
agreement
between the
public officer and
the giver of the
gift or present
;sually no such
agreement
The offender
agrees to perform
or performs an act
or refrains from
doing something
because of the gift
or promise
1ot necessary that
the officer would
do any particular
act or even
promise to do an
act, as it is enough
that he accepts
gifts offered to him
by reason of his
office
with regard to furnishing supplies, the making of contracts, or the ad.ustment or
settlement of accounts relating to public property or funds.
. Cemanding, directly or indirectly, the payment of sums different from or larger
that those authori,ed by law, in the collection of ta!es, licenses, fees, and other
imposts.
$. @ailing voluntarily to issue a receipt as provided by law, for any sum of money
collected by him officially, in the collection of ta!es, licenses, fees, and other
imposts.
%. #ollecting or receiving, directly or indirectly, by way of payment or otherwise,
things or ob.ects of a nature different from that provided by law, in the collection of
ta!es, licenses, fees, and other imposts.
Element1 of fraud1 a/ain1t "u#li$ trea1ur5 +"ar 2.:
1. That the offender be a public officer.
. That he should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity.
$. That he entered into an agreement with any interested party or speculator or
made use of any other scheme with regard to )1* furnishing supplies )* the making
of contracts, or )$* the ad.ustment or settlement of accounts relating to public
property or funds.
%. That the accused had intent to defraud the 4overnment.
#rime of frauds against public treasury is consummated by merely entering into
an agreement with any interested party or speculator or by merely making use
of any other scheme to defraud the 4overnment.
Element1 of ille/al e0a$tion1:
1. The offender is a public officer entrusted with the collection of ta!es, licenses,
fees, and other imposts.
. Be commits any of the following acts+
a. Cemanding, directly or indirectly, the payment of sums different from or larger
that those authori,ed by law"
b. @ailing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially" or
c. #ollecting or receiving, directly or indirectly, by way of payment or otherwise,
things or ob.ects of a nature different from that provided by law.
Here demand for larger or different amount is sufficient to consummate the
crime.
5hen there is deceit in demanding greater fees than those prescribed, the
crime is +TA9A and ('T &..=A. $A"T&'(.
&fficers or employees of the 2ureau of Internal 3evenue or 2ureau of #ustoms
not covered by this article. The 1ational Internal 3evenue #ode or the
(dministrative #ode applies.
The essence of the crime is not misappropriation of any of the amounts but the
improper making of the collection which would pre.udice the accounting of
collected amounts by the 4overnment.
@irst form+ shall demand an amount different from what the law provides
payable to the 4overnment.
In this form, mere demand will consummate the crime, even if the ta!payer
shall refuse to come across with the amount being demanded. That will not
affect the consummation of the crime.
Se$ond form+ Shall collect payment due the government without issuing an official
receipt or receipt prescribed by law.
The act of receiving payment due the government without issuing a receipt will give rise
to illegal e!action even though a provisional receipt has been issued. 5hat the law
re'uires is a receipt in the form prescribed by law, which means official receipt.
T4ird form: shall accept by way of payment due to the government that which is not in
the form prescribed by law.
;nder the rules and regulations of the government, payment of checks not belonging to
the ta!payer but that of checks of other persons, should not be accepted to settle the
obligation of that person.
Art 62>: %t4er fraud1
Element1:
1. That the offender is a public officer.
. That he takes advantage of his official position.
$. That he commits any of the frauds or deceits enumerated in (rticles $16 to $1>.
Art 62?: Pro4i#ited tran1a$tion1
Element1:
1. That the offender is an appointive public officer.
. That he becomes interested, directly or indirectly, in any transaction of e!change
or speculation.
$. That the transaction takes place within the territory sub.ect to his .urisdiction.
%. That he becomes interested in the transaction during his incumbency.
It is sufficient under this article that the appointive officer has an interest in any
transaction of e!change or speculation, such as, buying and selling stocks,
commodities, land, etc., hoping to take advantage of an e!pected rise or fall in
price.
Art 62D: Po11e11ion of "ro4i#ited intere1t #5 a "u#li$ offi$er
Per1on1 lia#le:
1. -ublic officer who, directly or indirectly, became interested in any contract or
business which it was his official duty to intervene.
. 9!perts, arbitrators, and private accountants who, in like manner, took part in
any contract or transaction connected with the estate or property in the appraisal,
distribution or ad.udication of which they had acted.
$. 4uardians and e!ecutors with respect to the property belonging to their wards or
the estate.
(ctual fraud is not necessary.
Intervention must be by virtue of the public office held.
#orrelate with (rt. MI Sec. 1% of the 1=>E #onstitution" (rt. MII Sec. 1$ and (rt.
IF-( Sec. .
CRIMES CALLE( MALVERSATI%N %* PUBLIC *UN(S %R PR%PERT3 +Art1 62G-
662.
Art 62G: Mal!er1ation of "u#li$ fund1 or "ro"ert5
Puni14a#le A$t1:
1. (ppropriating public funds or property
. Taking or misappropriating the same
$. #onsenting or through abandonment or negligence, by permitting any other
person to take such public funds or property
%. 2eing otherwise guilty of the misappropriation or malversation of such funds or
property
Common element1:
1. That the offender is a public officer who has+
a. official custody of public funds or property or the duty to collect or receive funds
due to the 4overnment
b. the obligation to account for them to the 4overnment.
. That he had the custody or control of funds or property by reason of the duties of
his office.
$. That those funds or property were public funds or property for which he was
accountable.
%. That he appropriated, took, misappropriated or consented or through
abandonment or negligence, permitted another person to take them.
Mal!er1ation ma5 #e $ommitted #5 "ri!ate indi!idual1 in t4e followin/ $a1e1:
1. Those in conspiracy with public officers guilty of malversation"
. Those who are accessory or accomplice to a public officer"
$. #ustodian of public funds or property in whatever capacity"
%. Cepositary or administrator of public funds or property.
Camage not necessary to the 4overnment.
The crime bears a relation between the offender and the funds or property involved,
for the crime can be committed only by an officer accountable for the funds or
property which is appropriated.
(ccountable officer does not refer only to cashier, disbursing officers, property
custodian. It is the nature of the duties, not the relatively important name given to
the office, which is the controlling factor in determining whether or not the accused
is an accou%ntable public officer.
( public officer having only a 'ualified charge of government property without
authority to part with physical possession of it, unless, upon order from his
immediate superior, cannot be held liable for malversation.
If the offender is not the one accountable but somebody else, the crime committed is
theft. It will be 'ualified theft if there is abuse of confidence.
5hen private property is attached or sei,ed by public authority and the public officer
accountable therefor misappropriates the same, malversation is also committed.
(ny overage or e!cess in the collection of an accountable public officer should not be
e!tracted by him and it is commingled with the public funds.
Halversation may be committed by abandonment or negligence. The measure of
negligence is the standard of care commensurate with the occasion, and then
endeavor to ascertain how far short of this standard falls the act or omission in
'uestion.
5hen an accountable public officer makes a wrong payment through honest mistake
as to the law or to the facts concerning his duties, he is not liable for malversation.
Be is only civilly liable.
8ack of criminal intent or good faith is a defense in malversation not committed
through negligence.
-resumption of misappropriation- when a demand is made upon an accountable
officer and he cannot produce the fund or property involved, there is prima facie
presumption that he had converted the same to his own use.
-resumption arises only if at the time the demand to produce the public funds was
made, the accountability of the accused is already determined and li'uidated. There
can be presumption unless and until the amount of his accountability is already
known.
Art 62A: *ailure of a$$ounta#le offi$er to render a$$ount1
Element1:
1. That the offender is a public officer, whether in the service or separated
therefrom.
. That he must be an accountable officer for public funds or property.
$. That he is re'uired by law or regulation to render accounts to the #ommission on
(udit, or to a provincial auditor.
%. That he fails to do so for a period of mos. (fter such accounts should be
rendered.
Hisappropriation is not necessary.
Cemand for accounting is not necessary. It is sufficient that there is a law or
regulation re'uiring him to render account.
Art 62B: *ailure of a re1"on1i#le "u#li$ offi$er to render a$$ount1 #efore
lea!in/ t4e $ountr5
Element1:
1. That the offender is a public officer.
. That he must be an accountable public officer for public funds or property.
$. That he unlawfully left )or be on the point of leaving* the -hilippines without
securing from the #ommission on (udit a certificate showing that his accounts have
been finally settled.
The act of leaving the country must be unauthori,ed or not permitted by law.
5hen an accountable officer leaves the country without first settling his
accountability or otherwise securing a clearance from the #&( regarding such
accountability, the implication is that he left the country because he has
misappropriated the funds under his accountability.
Art 66C: Ille/al u1e of "u#li$ fund1 or "ro"ert5
This crime is known as te$4ni$al mal!er1ation because the fund or property is already
earmarked or appropriated for a certain public purpose.
Element1:
1. That the offender is a public officer.
. there is public fund or property under his administration.
$. That such public fund or property has been appropriated by law or ordinance.
%. That he applies the same to a public use other than that for which such fund or
property has been appropriated by law or ordinance.
Art 662: *ailure
to ma<e deli!er5 of
"u#li$ fund1 or
"ro"ert5
-unishable (cts+
1. @ailing to make
payment by a public
officer who is under
obligation to make
such payment from
4overnment funds in
his possession.
. 3efusing to make delivery by public officer who has been ordered by competent
authority to deliver any property in his custody or under his administration. )3efusal
must be malicious*
Art 666: %ffi$er1 in$luded in t4e "ro!i1ion1
-rivate individuals who may be liable under (rts. 1E-1+
1. -rivate individuals who, in any capacity whatever, have charge of any national,
provincial or municipal funds, revenue, or property.
. (dministrator or depository of funds or property, attached, sei,ed, or deposited
by public authority even if such property belongs to a private individual.
Art 668: Conni!in/ wit4 or $on1entin/ to e!a1ion
Element1:
1. That the offender is a public officer.
. That he had in his custody or charge, a prisoner, either detention prisoner or
prisoner by final .udgment.
$. That such prisoner escaped from his custody.
%. That he was in connivance with the prisoner in the latterWs escape.
The crime is infidelity in the custody of prisoners if the offender involved is the
custodian of the prisoner.
5hen a chief of police released a detention prisonerJs, because he could not file a
complaint against them within the time fi!ed in (rt. 16, he is not guilty of infidelity
in the custody of prisoners.
There is real and actual evasion of service of a sentence when the custodian permits
the prisoner to obtain a rela!ation of his imprisonment and to escape the
punishment of being deprived of his liberty, thus making the penalty ineffectual,
although the convict may not have fled.
If the .ail guard who allowed the prisoner to escape is already off-duty at that time
and he is no longer the custodian of the prisoner, the crime committed by him is
delivering prisoners from .ail.
The crime can be committed also by a private person if the custody of the prisoner
has been confided to a private person.
Art 66>: E!a1ion t4rou/4 ne/li/en$e
Element1:
1. That the offender is a public officer.
. That he is charged with the conveyance or custody of a prisoner, either detention
prisoner or prisoner by final .udgment.
$. That such prisoner escapes through negligence.
5hat is punished under this is such a definite la!ity as all but amounts to deliberate
non-performance of duty on the part of the guard.
The fact that the public officer recaptured the prisoner who had escaped from his
custody does not afford complete e!culpation.
Art 66?: E1$a"e of "ri1oner under t4e $u1tod5 of a "er1on not a "u#li$ offi$er
Element1:
1. That the offender is a private person.
. That the conveyance or custody of a prisoner or person under arrest is confided
to him.
$. That the prisoner or person under arrest escapes.
%. That the offender consents to the escape of the prisoner or person under arrest,
or that the escape takes place through his negligence.
MALVERSATI%N ILLE,AL USE
&ffenders are
accountable public
officers
&ffenders are
accountable public
officers
&ffenders in certain
cases profit from the
proceeds of the crime
&ffenders do not
derive personal gain or
profit
The public fund is to
be applied to the
personal use and
benefit of the offender
or of another person
The public fund or
property is applied to
another public use
This article does not apply the principle in conspiracy that Vthe act of one is the act
of all.V If the offender is not the custodian of the prisoner, he is guilty of the crime of
delivering prisoners from .ail.
Art 66D: Remo!al, $on$ealment, or de1tru$tion of do$ument1
Element1:
1. That the offender be a public officer.
. That he abstracts, destroys or conceals a document or papers.
$. That the said document or papers should have been entrusted to such public
officer by reason of his office.
%. That damage, whether serious or not, to a third party or to the public interest
should have been caused.
Remo!al mu1t #e for illi$it "ur"o1e wit4 t4e intention eit4er to:
a. tamper with it
b. profit by it
c. #ommit an act constituting a breach of trust in the official care thereof.
If the officer was placed in possession of the document but it is not his duty to be the
custodian thereof, this crime is not committed.
5ith respect to official documents, infidelity is committed by destroying the
documents, or removing the document or concealing the document.
Camage to public interest is necessary. Bowever, material damage is not necessary.
The simple act of retaining the mail without forwarding the letters to their
destination, even though without opening them or taking the moneys they
contained, already constitutes infidelity on the part of the post office official.
Art 66G: %ffi$er #rea<in/ 1eal
Element1:
1. That the offender is a public officer.
. That he is charged with the custody of papers or property.
$. That these papers or property are sealed by proper authority.
%. That he breaks the seal or permits them to be broken.
5here documents are sealed by competent authorities, it is evident that the purpose
thereof is to ensure their preservation.
It is not re'uired that there be damage caused or that there be intent to cause
damage.
Art 66A: %"enin/ of $lo1ed do$ument1
Element1:
1. That the offender is a public officer.
. That any closed papers, documents, or ob.ects are entrusted to his custody.
$. That he opens or permits to be opened said closed papers, documents or ob.ects.
%. That he does not have proper authority.
Art 66B: Re!elation of 1e$ret1 #5 an offi$er
Puni14a#le A$t1:
1. 3evealing any secrets known to the offending public officer by reason of his
official capacity.
. Celivering wrongful papers or copies of papers of which he may have charge and
which should not be published.
This article does not include the revelation of secrets of the State to belligerent
nation, because such acts are already defined and punished as espionage in (rt. 11E
or #( 1o. D1D.
Camage is an element of an offense.
Art 68C: Pu#li$ offi$er re!ealin/ 1e$ret1 of "ri!ate indi!idual
Element1:
1. That the offender is a public officer.
. That he knows of the secrets of a private individual by reason of his office.
$. That he reveals such secrets without authority or .ustifiable reason.
3evelation to one person is sufficient, for public revelation is not re'uired.
Camage to private individuals is not necessary.
Art 682: %"en di1o#edien$e
Element1:
1. That the offender is a .udicial or e!ecutive officer.
. That there is a .udgment, decision or order of a superior authority.
$. That such .udgment, decision or order was made within the scope of the
.urisdiction of the superior authority and issued with all the legal formalities.
4. That the offender without any legal .ustification openly refuses to e!ecute the
said .udgment, decision or order, which he is duty bound to obey.
Art 686: (i1o#edien$e to order of 1u"erior offi$er w4en 1aid order wa1
1u1"ended #5 inferior offi$er
Element1:
1. That the offender is a public officer.
. That an order is issued by his superior for e!ecution.
$. That he has for any reason suspended the e!ecution of such order.
%. That his superior disapproves the suspension of the e!ecution of the order.
6. That the offender disobeys his superior despite the disapproval of the
suspension.
The order of the superior must be legal" otherwise, this article is inapplicable.
Art 688: Refu1al of a11i1tan$e
Element1:
1. That the offender is a public officer.
. That a competent authority demands from the offender that he lend his cooperation
towards the administration of .ustice or other public service.
$. That the offender fails to do so maliciously
Art 68>: Refu1al to di1$4ar/e ele$ti!e offi$e
Element1:
1. That the offender is elected by popular election to a public office.
. That he refuses to be sworn in or to discharge the duties of said office.
$. That there is no legal motive for such refusal to be sworn in or to discharge the duties
of said office.
The refusal must be without legal motive.
(rt. $% penali,es refusal to discharge the duties of an elective office" refusal to
discharge the duties of an appointive office is not covered by this article.
Art 68?: Maltreatment of "ri1oner1
Element:
1. That the offender is a public officer
. That he has under his charge a prisoner or detention prisoner
$. That he maltreats such prisoner in either of the following manners+
a. 2y overdoing himself in the correction or handling of a prisoner or detention
prisoner under his charge either-
)1* by the imposition of punishments not authori,ed by the regulations, or
)* by inflicting such punishments )those authori,ed* in a cruel and humiliating
manner" or
b. 2y maltreating such prisoner to e!tort a confession or to obtain some information
from the prisoner.
The maltreatment )1* must relate to the correction or handling of the prisoner, or )*
must be for the purpose of e!torting a confession or of obtaining some information
from the prisoner.
If the public officer is not the custodian of the prisoner and he manhandled the latter,
the crime is physical in.uries.
If the maltreatment was done in order to e!tort confession thereof, the constitutional
right of the prisoner is further violated. The penalty is 'ualified to the ne!t higher
degree.
Art 68D: Anti$i"ation of dutie1 of a "u#li$ offi$e
Element1:
1. That the offender is entitled to hold a public office or employment, either by
election or appointment.
. That the law re'uires that he should first be sworn in andJor should first give a
bond.
$. That he assumes the performance of the duties and powers of such office.
%. That he has not taken his oath of office andJor given the bond re'uired by law.
Art 68G- Prolon/in/ "erforman$e of dutie1 and "ower1
Element1:
1. That the offender is holding a public office.
. That the period provided by law, regulations or special provisions for holding
such office, has already e!pired.
$. That he continues to e!ercise the duties and powers of such office.
Art 68A: A#andonment of offi$e or "o1ition
Element1:
1. That the offender is a public officer.
. That he formally resigns from his position.
$. That his resignation has not yet been accepted.
%. That he abandons his office to the detriment of the public service.
Art 68B: U1ur"ation of le/i1lati!e "ower1
Element1:
1. That the offender is an e!ecutive or .udicial officer.
. That he )a* makes general rules or regulations beyond the scope of his
authority or )b* attempts to repeal a law or )c* suspends the e!ecution thereof.
Art 6>C: U1ur"ation of e0e$uti!e fun$tion1
Element1:
1. That the offender is a .udge.
. That he )a* assumes a power pertaining to the e!ecutive authorities, or )b*
obstructs the e!ecutive authorities in the lawful e!ercise of their powers.
Art 6>2: U1ur"ation of ;udi$ial fun$tion1
Element1:
1. That the offender is an officer of the e!ecutive branch of the 4overnment.
. That he )a* assumes .udicial powers, or )b* obstructs the e!ecution of any order or
decision rendered by any .udge within his .urisdiction.
The purpose of this article is to maintain the separation and independence of the $
departments of the government and to keep the $ branches within the legitimate
confines of their respective .urisdictions and the officers thereof within the scope of their
lawful authority.
Art 6>6: (i1o#e5in/ re9ue1t for di19ualifi$ation
Element1:
1. That the offender is a public officer.
. That a proceeding is pending before such public officer.
$. That there is a 'uestion brought before the proper authority regarding his
.urisdiction, which is not yet decided.
%. That he has been lawfully re'uired to refrain from continuing the proceeding.
6. That he continues the proceeding.
Art 6>8: %rder1 or re9ue1t1 #5 e0e$uti!e offi$er1 to an5 ;udi$ial aut4orit5
Element1:
1. That the offender is an e!ecutive officer.
. That he addresses any order or suggestion to any .udicial authority.
$. That the order or suggestion relates to any case or business coming within the
e!clusive .urisdiction of the courts of .ustice.
Art 6>>: Unlawful a""ointment1
Element1:
1. That the offender is a public officer
. That he nominates or appoints a person to a public office.
$. That such person lacks the legal 'ualifications thereof
%. That the offender knows that his nominee or appointee lacks the 'ualifications at the
time he made the nomination or appointment.
Art 6>?: A#u1e1 a/ain1t $4a1tit5
5ays of committing abuses against chastity+
1. 2y soliciting or making immoral or indecent advances to a woman interested in
matters pending respect to which he is re'uired to submit a report to or consult with a
superior officer.
. 2y soliciting or making immoral or indecent advances to a woman under the
offenders custody
$. 2y soliciting or making immoral or indecent advances to the wife, daughter, sister or
relative within the same degree by affinity of any person in the custody of the offending
warden or officer
Element1
1. That the offender is a public officer.
. That he solicits or makes immoral or indecent advances to woman.
$. That such woman must be+
a. interested in matters pending before the offender for decision, or with respect to
which he is re'uired to submit a report to or consult with a superior officer"
b. under the custody of the offender who is a warden or other public officer directly
charged with the care and custody of prisoners or persons under arrests" or
c. the wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
T4e e11en$e of t4e $rime i1 mere ma<in/ of immoral or inde$ent
1oli$itation or ad!an$e1
T4e $rime i1 al1o $ommitted if t4e woman i1 a "ri1oner and t4e offender i1
4er ;ail warden
TITLE A
CRIMES A,AINST PERS%NS
C4a"ter %ne
(ESTRUCTI%N %* LI*E
Art 6>D: PARRICI(E
Element1:
1. that a person is killed
. that the deceased is killed by the accused
$. that the deceased is the father, mother, or child, whether legitimate or illegitimate,
or a legitimate other
ascendant or other descendant, or the legitimate spouse of the accused.
3elationship of the offender with the victim is the essential element.
The child should not be less than $ days old, otherwise the crime is infanticide.
3elationship is essential element
1. &nly relatives by blood and in the direct line, e!cept the spouse, are
considered in parricide. There is no parricide in the killing of brothers or
sisters being merely collateral.
. It must be a legitimate relationship e!cept for parent and child where
relationship could either be legitimate or illegitimate.
3. 2y blood, e!cept for husband and wife, there is no parricide in the killing of
the adopter of the adoptee or vice versa.
#ases when a person committed a parricide but not imposed the severe penalty
)reclusion perpetua to death*.
Parri$ide t4ou/4 ne/li/en$e +Art 8D?.
Parri$ide #5 mi1ta<e +Art 6>B.
Art 6>G: Parri$ide under e0$e"tional $ir$um1tan$e1
In the killing of a spouse, there must be a valid subsisting marriage at the time of the
killing. (lso the information should allege the fact of such marriage between accused
and the victim. Harriage certificate is the best evidence, in the absence oral
evidence of the fact of marriage may be considered by the trial court if such proof is
not ob.ected to. )-eople v. Halabago Cec. 11=D*
The fact of marriage is necessarily included in the information, failure to allege the
same" the accused can not be convicted of parricide as the accused was denied
information of the nature of the charge against him.
PARRICI(E IN*ANTICI(E
2ased on relationship 2ased on age of the child
#ommitted only by relatives enumerated Hay be committed by strangers
#onspiracy cannot be applied because #onspiracy is applicable but only
relationship is an element. Separate
information must be filed for parricide the
murder or homicide on the part of the non-
relative conspirator as the case may be.
one information shall be
prepared for all the conspirators.
To conceal dishonor of the mother is not a
mitigating circumstance.
To conceal mothers dishonor is
mitigating.
2. (EAT& or P451i$al In;urie1 Infli$ted Under E0$e"tional Cir$um1tan$e1
Element1:
a* a legally married person or a parent surprises his spouse or his
daughter, the latter under 1> years of age and living with him, in the
act of committing se!ual intercourse with another"
b* he or she kills any or both of them or inflicts upon any or both of
them any serious physical in.ury in the act or immediately
thereafter" and
c" Be has not promoted of facilitated prostitution of his wife or
daughter, or that he or she has not consented to the infidelity of the
other spouse.
(pplicable if the daughter is still single.
Take note that the discovery, the escape, the pursuit and the killing must all form
part of one continuous act.
This (rticle does not define a crime but provides a privilege" the rationale for this
is that the killing or in.ury was without sufficient intelligence because of the
overwhelming passion.
Cestierro is not a penalty because there is no criminal liability, it is simply
provided for the protection of the accused against retaliation or vendetta.
5here mere physical in.uries were inflicted there is no liability to speak of.
1ote that the killing must always be the direct by product of the accused rage,
the same being continuous even though the killing took place at a latter time.
5here third persons were in.ured in the course of the firing by the accused of the
paramour, the accused cannot be held liable as inflicting death under the
e!ceptional circumstances is not murder. )-eople v. (barca September 1=>E*
ISSUES to #e re1ol!ed:
1. 5as the surprising made while the intercourse is taking place,
. 5as the killing made during that time or immediately thereafter.
Art 6>A: Murder
Element1:
1. ( person was killed"
. The accused killed him"
$. Pilling was accompanied by any of the 'ualifying circumstances mentioned in
(rt. %>"
%. Pilling is not parricide or infanticide.
Iualif5in/ Cir$um1tan$e1:
1. 5ith treachery, taking advantage of superior strength , with the aid of armed men,
or employing means to weaken defense, or of means or persons to insure or afford
impunity"
. in consideration of price, reward, or promise"
3. 2y means of fire, poison, e!plosion, etc.
4. on occasion of any calamities enumerated in the preceding paragraph, or of an
earth'uake, eruption of a volcano, destructive cyclone, or any other public calamity"
5. 5ith evident premeditation.
6. 5ith cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse.
Treachery and evident premeditation are inherent in murder by means of
poison, and as such they cannot be considered as aggravating.
5here the circumstances alleged in the information are not the
circumstances proved in the trial, it is not murder because any of the
'ualifying circumstances in (rt. %> is an ingredient of murder and not
merely 'ualifying circumstances.
3ules for the application of the circumstances which 'ualify the killing to murder+
1. That murder will e!ist with only one of circumstances described in (rt. %>.
a. 5hen more than one of said circumstances is present, the others must be
considered as generic aggravating.
. That when the other circumstances are absorbed or included in one 'ualifying
circumstance, they cannot be considered as generic aggravating"
$. That any of the 'ualifying circumstance under (rt. %> must be alleged in the
information.
Art 6>B: &omi$ide
Element1:
1. a person was killed"
. accused killed him without any .ustifying circumstance"
$. accused had intention to kill, which is presumed" and
4. Pilling was not attended by any of the 'ualifying circumstances of murder, or by that
of parricide or infanticide.
Intent to kill, conclusively presumed when death resulted, when the victim does not
die, intent to kill becomes a specific criminal intent which must be established
beyond reasonable doubt, otherwise the crime shall fall under physical in.uries.
9vidence of intent to kill is important only in attempted or frustrated homicide.
It is a hornbook doctrine that an accused cannot be charged of an offense unless it is
clearly charged in the complaint or information. ( person charged with homicide by
stabbing cannot be convicted when the cause of death is drowning. )-eople v.
&rtega, <r., <uly 1==E*
&ow 14ould 4omi$ide $ommitted wit4 t4e u1e of an unli$en1ed firearm #e
dominated=
The crime should be homicide, aggravated by illegal possession of firearm, and not
illegal possession of firearm, aggravated by homicide as ruled by the trial court as it is
the former offense which aggravates the homicide under amendatory law. )-eople v.
#astillo, @eb. GGG*
3( >=% amended -C 1>DD, it now provides that if homicide or murder is committed
with the use of an unlicensed firearm, such use of unlicensed firearm shall be
considered as aggravating circumstance.
Art 6?2: (eat4 $au1ed in a tumultuou1 affra5
Element1:
1. there be several persons"
. they did not compose groups organi,ed for the common purpose of assaulting and
attacking each other reciprocally"
$. these several persons 'uarreled and assaulted one another in a confused and
tumultuous manner"
%. someone was killed in the course of the affray"
6. it cannot be ascertained who actually killed the deceased" and
6. -erson or persons who inflicted serious physical in.uries or who use violence can be
identified.
Tumultuous affray e!ists when at least four persons took part"
-erson killed in the course of the affray need not be one of the participants thereof.
If person who inflicted fatal wound is known, crime is not homicide in tumultuous
affray but homicide under (3T. %=.
Per1on1 lia#le for deat4 in tumultuou1 affra5:
1. person or persons who inflicted serious physical in.uries"
. if not known who inflicted serious physical in.uries on the deceased, all persons who
used violence upon the person of the victim are liable.
The /someone0 that is killed may be a participant in the affray or a mere passerby.
Art 6?6: P451i$al in;urie1 infli$ted in a tumultuou1 affra5
Element1:
1. there is tumultuous affray"
. a participant or some participants thereof suffer serious physical in.uries or physical
in.uries or less serious physical in.uries only"
$. person responsible thereof cannot be identified" and
%. all who appear to have used violence upon offended party are known.
In.ured party must be one or some of the participants in the tumultuous affray.
&nly one who used violence is liable.
-enalty is one degree lower than that for physical in.ury inflicted.
Slight in.uries e!cluded.
Art 6?8: ,i!in/ A11i1tan$e to Sui$ide
A$t Puni14a#le:
1. assisting another to commit suicide, whether same is consummated or not"
. by lending his assistance to another to commit suicide to the e!tent of doing the
killing himself.
Eut4ana1ia- mercy killing
- the practice of painlessly putting to death a person suffering from some incurable
disease. 1ot considered as lending assistance to suicide because the person killed does
not want to die. ( doctor who resorts to mercy-killing of his patient may be liable for
murder.
Art 6?>: (i1$4ar/e of firearm1
Element1:
1. &ffender discharges a firearm against or at another person" and
2. &ffender has no intention to kill that person.
If there was no intent to kill and the person shot at was hit, the crime would be a
comple! crime of illegal discharge of firearm with serious physical in.uries. If the
in.ury was slight, two crimes are committed, illegal discharge of firearm and slight
physical in.ury.

Art 6??: Infanti$ide
Element1:
1. a child was killed"
. deceased child was less than $ days )E hrs.* of age" and
3. (ccused killed the child.
#oncealing dishonor is not an element of infanticide but the same may mitigate
liability only of the mother or maternal grandparents.
W4at i1 re9uired if t4e !i$tim i1 fetu1=
The fetus must already be viable" otherwise the crime is not infanticide but abortion. If
the fetus had an intra-uterine life of less than seven months and it was destroyed within
% hours after its complete separation from the womb, it is still abortion.
Art 6?D: Intentional A#ortion
ACTS PUNIS&ABLE+
1. by using any violence upon a pregnant woman"
. by acting but without using force, without the consent of the woman, ) by
administering drugs or beverages upon such pregnant woman without her consent*"
$. 2y acting, )by administering drugs or beverages* with the consent of pregnant.
ELEMENTS:
1. there is a pregnant woman"
. violence is e!erted, or by administering drugs and beverages, or accused otherwise
acts upon such pregnant woman" and
$. as a result of such violence or by administering drugs or beverages, or any acts of
the accused, foetus dies, either in the womb or after having been e!pelled
therefrom.
1ote+ If foetus could sustain an independent life and is killed, it is infanticide"
otherwise it is abortion.
Art 6?G: Unintentional A#ortion
ELEMENTS+
1. there is pregnant woman"
. violence is used upon such pregnant woman"
$. violence is intentionally committed" and
4. (s a result of such violence fetus dies, either in the womb or after having been
e!pelled therefrom.
INTENTI%NAL UNINTENTI%NAL
5ith or without violence 5ith violence )physical*
Hay be by strangers or by the woman
herself or the parents
2y strangers only
Stranger knows of the pregnancy of the
woman
Stranger may not know the pregnancy
Art 6?A: A#ortion "ra$ti$ed #5 t4e woman 4er1elf or #5 4er "arent1
ELEMENTS@
1. there is pregnant woman who suffered abortion"
. abortion is intended"
$. abortion is caused by+
a. the pregnant woman herself"
b. any other person with her consent"
c. (ny other person with her consent for the purpose of concealing her
dishonor.
If the same is sought to conceal dishonor, same may mitigate liability of the mother
only.
Art 6?B: A#ortion "ra$ti$ed #5 a "451i$ian or midwife and di1"en1in/ of
a#orti!e1
ELEMENTS:
1. there is a pregnant woman who suffered abortion"
. abortion is intended"
$. offender, who must be physician or midwife, caused or assists in causing abortion"
4. -hysician or midwife takes advantage of hisJher scientific knowledge or skill.
ELEMENTS WIT& RESPECT T% P&ARMACIST:
1. offender is a pharmacist"
. no proper prescription from a physician"
3. &ffender dispenses any abortive.
3( X %E= regulates sale dispensation and distribution of contraceptive drugs and
devises.
AB%RTI%N IN*ANTICI(E
@etus is still drawing life from its mother Mictim is already a person
;mbilical cord is not yet cut ;mbilical chord is cut and the infant is
still alive
The baby had an intra-uterine life of less
than seven months and is killed within %
hours
The baby had an intra-uterine life of less
than E months and it is killed after %
hours
In both cases, the killing by the woman to conceal dishonor is an e!tenuating
circumstance only in the case of mother and grandparents.
The /intentional0 or /unintentional0 refer to the kind of abortion and not the ways of
committing it whether by dolo or culpa.
If when committing intentional abortion, the woman turned out to be not pregnant, it
is an impossible crime of abortion. If the non-pregnant woman suffered physical
in.uries, then the liability is for physical in.uries and not for impossible crime which is
crime of last resort.
The woman cannot commit unintentional abortion against herself, it is always
intentional.
Art 6DC: Re1"on1i#ilit5 of "arti$i"ant1 in a duel
(UEL- formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on its side, who make selection of arms
and fi! all other conditions of the fight.
ACTS PUNIS&ABLE:
1. by killing ones adversary in a duel"
. by inflicting upon such adversary physical in.uries" and
$. by making a combat although no physical in.uries have been inflicted.
Per1onH1 Lia#le+
1. person who killed or inflicted physical in.uries upon his adversary, or both
combatants any other case as principals"
2. Seconds and accomplices.
Art 6D2: C4allen/in/ to a duel
ACTS PUNIS&E(@
1. by challenging another to duel"
. inciting another to give or accept a challenge to duel"
3. Scoffing or decrying another publicly for having refused to accept a challenge to
fight in a duel.
If one is moved by ill-feeling or hatred it is not challenging to duel.
Per1on1 Re1"on1i#le:
1. challenger
. instigator
( person who challenges another to a duel commits grave coercion. If killing occurs,
it is homicide or murder as the case may be.
P&3SICAL IN7URIES
Art 6D6: Mutilation
:IN(S:
1. Intentionally mutilating another by depriving him, either totally or partially of some
essential organ for reproduction"
. Intentionally making other mutilation that is by looping or clipping off any part of the
body of the offended party other than the essential organ for reproduction to deprive
him of that part of the body.
ELEMENTS:
1. that there be a castration, that is, mutilation of organs necessary for generation such
as pen
. is and ovarium"
3. That mutilation is caused purposely and deliberately, that is to deprive the offended
party of some essential organ of reproduction.
The common mistake is to associate this with reproductive organs only. Hutilation
includes any part of the human body that is not susceptible to grow again. )Hayhem*
P&3SICAL IN7URIES
It is a formal crime because it is penali,ed on the basis of the gravity of the in.ury. 5hat
is punished is the conse'uence and not the stage of e!ecution. Bence it cannot be
committed in an attempted or frustrated stage.
Seriou1 P451i$al
In;ur5
Le11 1eriou1 PI Sli/4t PI
Incapacity for work is 1G-$G days duration of 1-= days duration of healing
beyond $G days. healing or treatment,
incapacitated from work for
less than $G days.
or treatment, however if
medical treatment e!ceeds
= days it would 'ualify as
8ess Serious.
Ceformity is created
upon the offended
party, healing duration
or period of treatment
is disregarded.
This involves ill treatment
where there is no sign of
in.ury re'uiring medical
treatment.
Ceformity"
a* The in.ury
brought about
an ugliness
upon the
offended"
b* Such ugliness
would not
disappear
through natural
healing
process.
Ill-treatment- is committed
by inflicting of pain although
there is no wound but the
pain suffered gives rise to
slight physical in.uries.
P451i$al In;urie1 Attem"ted or fru1trated
4omi$ide)murder
The means employed is not capable
of resulting to death.
Intent to kill is determined,
BowY
Cetermined by the means employed,
an overt act to kill must be established
and it cannot simply be manifested by
oral threats.
RAPE +RA A8?8.
Art 6DD-A: Ra"e, W4en and &ow Committed
3ape is committed-
1. by a man who shall have carnal knowledge of a woman under any of the following
circumstances+
a* Through force, threat or intimidation"
b* 5hen the offended party is deprived of reason or otherwise unconscious"
c* 2y means of fraudulent machination or grave abuse of authority" and
d* 5hen the offended party is under twelve )1* years of age or is demented, even
though none of the circumstances mentioned above is present.
. 2y any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of se!ual assault by inserting his penis into another persons mouth
or anal orifice, or any instrument or ob.ect, into genital or anal orifice of another person.
A//ra!atin/)Iualif5in/ Cir$um1tan$e1 in$rea1e1 "enalt5 to (EAT&
1. Mictim is under 1> and offender is the parent, ascendant, step-parent, and guardian,
relative by consanguinity or affinity within the $
rd
civil degree, or the common-law of
the parent of the victim.
. Mictim is under the custody of the police or military authorities or any law
enforcement or penal institution.
3. 3ape is committed in full view of the spouse, parent, any of the children or other
relatives within the $
rd
civil degree. 1&T9+ <urisprudence used presence instead of
full-view" therefore, hearing distance is possible, relation by affinity not included.
%. Mictim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before the time of the commission of
the crime.
6. Mictim is under E years old.
D. &ffender knows that he has (ICS or any STC and the virus or disease is transmitted
to the victim.
E. 5hen committed by any member of then (@- or paramilitary units thereof or the -1-
or any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime.
>. 5hen by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability.
=. 5hen the offender knew of the pregnancy of the offended party at the time of the
commission of the crime.
1G. 5hen the offender knew of the mental disability, emotional disorder and or physical
handicap of the offended party at the time of the commission of the crime.
N%TE: T4e a#o!e 1tated $ir$um1tan$e1 mu1t #e alle/ed in t4e information to
#e a""re$iated a1 1u$4
T4e Su"reme Court did not im"o1e deat4 on t4e followin/:
1. age of the victim was not alleged in the information"
. relationship of the offender and offended not alleged though proved"
$. minority and relationship not alleged"
4. 5here the accused was alleged as stepfather in the information but proved later that
he is merely a common-law spouse of the parent of the offended.
Pardon #5 t4e offended "art5=
The valid marriage between the offender and the offended party shall e!tinguish the
action or penalty imposed.
*or$e in Ra"e
It does not mean violently, but with the description of force which must be e!ercised in
order to accomplish the act for there is no doubt that unlawful connection with a woman
in a state of consciousness, produced by profound sleep, stupor or otherwise amounts to
rape.

@orce may not be irresistible, all that is necessary that the force used by the accused
is sufficient to consummate his evil purpose, or that it was successfully used.
Intimidation in ra"e
This includes moral kind that is, threatening the victim with knife. Intimidation is
addressed to the mind of the victim and is, therefore sub.ective. Its presence cannot be
tested by any hard and fast rule, but must be viewed in the light of the victims
perception and .udgment at the time of the crime. The working of the human mind
under emotional state are unpredictable, people react differently in such situations.
Statutor5 Ra"e
This is carnal knowledge of a woman below 1 years old. @orce and intimidation need
not be proved" sweetheart defense is not a defense. The birth certificate is the best
evidence. #onsent is immaterial, what is at stake is that the child is of tender age and
does not have a will of her own.
Some do$trinal "rin$i"le1+
1. @ull or complete penetration of the private parts is not necessary as the
only essential point to prove is the entrance or at least the introduction of
the male organ in the labia of the pudendum.
2. The absence of medical findings by the medico-legal officer does not
disprove the commission of rape, neither is the presentation of the
victims torn panty fatal to the prosecutions case.
$. The purpose of the medical e!amination is corroborative in nature.
@urthermore, the presence of a laceration in the vagina is not an essential
prere'uisite to prove that a victim has been raped.
%. So long as the testimony of the victim meets the test of credibility, the
accused may be convicted of the offense.
6. In incestuous the moral ascendancy of the parent takes the place of force
or violence.
CRIMES A,AINST LIBERT3
If there is any crime under Title IF, which has no corresponding provision with crimes
under Title II, then the offender may be a public officer or a private person. If there is
a corresponding crime under Title II, the offender under Title IF for such similar crime
is a private person.
5hen a public officer conspires with a private person in the commission of any of
the crimes under Title IF, the crime is also one committed under this title and not
under Title II.
Art 6DG: :idna""in/ and 1eriou1 ille/al detention
Element1:
1* that the offender is a private individual
* that he kidnaps or detains another, or in any manner deprives the latter of his liberty
3" That the act of detention or kidnapping must be illegal.
4" That in the commission of the offense, any of the ff. circumstances is present.
a. that the kidnapping or detention lasts for more than $ days
b. that it is committed simulating public authority
c. that any serious physical in.uries are inflicted upon person kidnapped or
detained or threats to kill him are made.
d. That the person kidnapped or detained is a minor, female or a public officer.
Cetention for more than $ days not necessary when any of the other
circumstances is present
Mictim need not be placed in an enclosure restraint need not be permanent.
Iualif5in/ Cir$um1tan$e: (eat4 Penalt5
1. -urpose is to e!tort ransom
. If victims is killed, raped or tortured as a conse'uence
Ran1om+ Honey, price or consideration paid or demanded for redemption of a captured
person that would release then from captivity.
Pidnapping connotes the idea of transporting the offended party from one place to
another
Illegal detention connotes the idea, that is restrained of his liberty without
necessarily transporting him from one place to another
5hen victim is killed because of his refusal to pay the ransom kidnapping being
necessary to commit the murder it is comple! crime of kidnapping with murder.
2ut where he was taken for the purpose of killing him and not for detaining him,
crime committed is murder.
3( ED6= modified (rt. DE, the amendment brings about a composite crime of
Pidnapping with Bomicide when it is the victim of the kidnapping who was killed, or
dies as a conse'uence of the detention and thus only one penalty is imposed which
is death. (rt %> on comple! crimes does not govern
In kidnapping, it is not only that of transporting one person from one place to
another, the criminal intent must be established.
@&3#I289 (2C;#TI&1- if a woman is transported from one place to another by virtue
of her of her liberty and that act is coupled with lewd designs.
In PIC1(--I14 @&3 3(1S&H voluntary release will not mitigate the crime because
this crime is penali,ed with the e!treme penalty of death
3ansom- it is the money, price or consideration paid or demanded for redemption of
the victimJ payment in e!change of the liberty of the victim
Ille/al (etention Ar#itrar5 (etention
#ommitted by a private individual
who unlawfully kidnaps, detains or
otherwise deprives a person of
liberty.
#ommitted by a public officer or
employee who detains a person
without legal ground.
#rime is against personal liberty
and security
#rime against the fundamental
law of the state.
Art 6DA: Sli/4t ille/al detention
Element1:
1* that the offender is private individual
* that he kidnaps or detains another, or in any manner deprives him of his liberty
$* that the act of kidnapping or detention is illegal
%* that the crime is committed without the attendance of any of the circumstances
enumerated in DE
The same liability is incurred by an accomplice who furnished the place for the
perpetration of the crime
Pri!ile/ed Miti/atin/ Cir$um1tan$e1
If t4e offender:
a* voluntarily releases the person so kidnapped or detains within three days from the
commencement of the detention
b* without having attained the purpose intended
c" 2efore the institution of criminal proceedings against him.
Note: W4en t4e !i$tim i1 a female, t4e detention i1 "uni14ed under Art 6DG
Voluntar5 relea1e i1 not miti/atin/ $ir$um1tan$e under Art 6DG
Art 6DB: Unlawful arre1t
Element1:
1* that the offender arrests or detains another person
2" That the purpose of the offender is to deliver him to the proper authorities.
3" That the arrest or detention is not authori,ed by law or there is no reasonable
ground therefore.
&ffender is any person, whether public officer or private individual.
1o period of detention is filed by law, but the motive of the offender is
controlling
Hust be with intention to deliver detainee to proper authorities.
Art 26? Art 6DB
Cetention is for some legal
ground
Cetention is not authori,ed by
law
#rime is committed by failing
to deliver such person to the
proper .udicial authority within
a certain period of time even
if the arrest be for a legal
ground.
#ommitted by making an arrest
not authori,ed by law
Art 6GC: :idna""in/ and failure to return a minor
Element1:
1. that the offender is entrusted with the custody of a minor person )over or under E
but less than 1*
2. That he deliberately fails to restore the said minor to his parents or guardian.
5hen committed by either parent, penalty is arrest to ma.or or a fine not e!ceeding
-$GG, or both (rt DE does not apply" (rt EGJ E1 applies.
If any of the foregoing elements is absent, the kidnapping of the minor will then fall
under (rt. DE
If the taking is with the consent of the parents, the crime is committed under this
article.
Art 6G2: Indu$in/ a minor to a#andon 4i1 4ome
Element1:
1. That minor )whether over or under E years of age* is living in the home of his parents
or guardian or the person entrusted with his custody.
2. That the offender induces said minor to abandon such home.
Inducement must be actual, committed with criminal intent and determined by a will
to cause damage.
@ather or mother may commit crimes under (rt. EG and (rt. E1 Q 5here they are
living separately and the custody of their minor child having been given to one of
them, the other parent of such minor child from the one having the lawful custody of
said child or induce such minor to leave his home.
Art 6G6: Sla!er5
Element1+
1. that the offender purchases, sells, kidnaps or detains a human being
2. That the purpose of the offender is to enslave such human being.
If the purpose of the offender is to assign the offended party to some immoral traffic
)prostitution*, the penalty is higher.
This is committed if anyone shall purchase, kidnap, or detain a human being for the
purpose of enslaving him.
The penalty is increased if the purpose of the offender is to assign the offended party
to some immoral traffic
The employment or custody of a minor with the consent of the parent or
guardian although against the childs own will cannot be considered
involuntary servitude.

Art 6G8: E0"loitation of C4ild La#or
Element1:
1. the offender retains a minor in his service
. that it is against the will of the minor
3. That it is under the prete!t of reimbursing himself of a debt incurred by an
ascendant, guardian a person entrusted with the custody of such minor.
Art 6G>: Ser!i$e1 Rendered Under Com"ul1ion in Pa5ment of (e#t
Element1:
1. That the offender compels a debtor to work for him, either as household servant
or farm laborer.
. that it is against the debtors will
3. That the purpose is to re'uire or enforce the payment of a debt.
/ Coes not distinguish whether the victim is a minor or not.
CRIMES A,AINST SECURIT3
A#andonment of 4el"le11 "er1on1
And e0"loitation of minor1
Art 6G?: A#andonment of Per1on1 in dan/er and A#andonment of oneH1 own
!i$tim
Puni14a#le A$t1:
1. failure to render assistance to any person whom the offender finds in an uninhabited
place, wounded or in danger of dying when he can render such assistance without to
himself, unless such omission shall constitute a more serious offense
Element1:
1. the place is not inhabited
. the accused found there a person wounded or in danger of dying
- It is immaterial that the offender did not know that the child is under E yrs.
old
$. The accused can render assistance without detriment to himself
%. The accused failed to render assistance
2. @ailing to helpJrender assistance to another whom the offender has accidentally
wounded or in.ured.
3. @ailing to deliver a child, under seven years whom the offender has found
abandonment, to the authorities or to his family, by failing to state him to a safe
place.
- it is immaterial that the offender did not know that the child is under E yrs. old
/ -aragraph of (rt. E6 applies only when someone is accidentally in.ured by the
accused
Art 6GD: A#andonin/ a Minor
Element1+
1. that the offender has the custody of a child
. that the child is under seven years
$. that he abandons such child
%. that he has no intent to kill the child when the latter is abandoned
/ 5here there is intent to kill, this article does not apply.
Intent to kill cannot be presumed from the death of the child
The ruling that the intent to kill is presumed from the death of the victim of the crime is
applicable only to crimes against person, and not to crimes against security, particularly
the crime of abandoning a minor.
/ ( permanent, conscious and deliberate abandonment is re'uired in this article.
Cir$um1tan$e1 Iualif5in/ t4e %ffen1e

1. 5hen the death of the minor resulted from such abandonment
. If the life of the minor was in danger because of the abandonment
/ If the offender is the parent of the minor who is abandoned he shall be deprived of
parental authority
Art 6GG: A#andonment of Minor #5 Per1on Entru1ted wit4 4i1 Cu1tod5@
indifferen$e of "arent1
Element1 of t4e A#andonment of Minor:
1. That he delivers said minor to a public institution or other persons
. That the one who entrusted such child to the offender has not consented to such act,
or if the one who entrusted such child to the offender is absent, the proper
authorities have not consented to it.
Element1 of t4e Indifferen$e of Parent1:
1. That the offender is a parent
. That he neglects his children by not giving them education
$. That his station in life re'uires such education and his financial condition permits it.
%. @ailure to give education must be due to deliberate desire to evade such obligation
Q &bligation to educate children terminates, if mother and children refuse without good
reason
to live with accused.
Art 6GA: E0"loitation of Minor1
A$t1 Puni14ed:
1. #ausing any boy or girl under 1D to perform any dangerous feat of balancing,
physical, or contortion, the offender being any person.
. 9mploying children 1D who are not children or descendants of the offender in
e!hibitions of acrobat, gymnast, rope-walker, diver or wild animal tamer, the
offender being an acrobat, etc. or circus manager or engaged in a similar calling.
$. 9mploying any descendant under 1 years of age in dangerous e!hibitions
enumerates in the ne!t preceding paragraph, the offender being engaged in any of
the said calling.
%. Celivering a child under 1D gratuitously to any person in any of the callings
enumerated, or to any habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher, or person entrusted in any capacity with the care of such child.
6. Inducing any child under 1D to abandon the home of its ascendants, guardians,
curators or teachers to fallow any person engaged in any callings mentioned or to
accompany any habitual vagrant or beggar, the offender being any person.
Cir$um1tan$e Iualif5in/ t4e %ffen1e
- If the offense is committed by means of violence or intimidation, the penalty
is higher.
Note: RA GD2C "uni14ed a#u1e, e0"loitation and di1$rimination of minor1
- The e!ploitation of minors must refer to act endangering the life or safety of the
minor.

The offender is engaged in a kind of business that would place the life or limb of
the minor in danger, even though working for him is not against the will of the child.
Art 6AC: Iualified Tre1"a11 to (wellin/
Element1:
1. That the offender is a private person
. That he enters the dwelling of another
$. That such entrance is against the latters will
Cir$um1tan$e 9ualif5in/ t4e offen1e
- If the offense is committed by means of violence or intimidation, the penalty
is higher.
- Cwelling includes room when occupied by another person
(wellin/ defined
- (ny building or structure e!clusively devoted for rest and comfort, as
distinguished from places devoted to business, offices etc.
A#1olutel5 Cau1e1+
1* If the entrance to anothers dwelling is made for purpose of preventing some serious
harm to himself, the occupants of the dwelling or third person"
* If the purpose is to render some service to humanity or .ustice" and
$* If the place where entrance is made is a cafZ, tavern, inn and other public house,
while
the same are open.
-rohibited is implied in entrance through the window
-rohibited must be in e!istence prior to or at the time of entrance
-rohibited, not necessary when violence or intimidation is employed by the offender.
(ll trespassers ordinarily have intention to commit another crime, but if there is
no overt act of the crime intended to be committed the crime is only trespass to
dwelling.
(gainst The 5ill- means that the entrance is either e!pressly or impliedly
prohibited or the prohibition is presumed. @raudulent entrance may constitute trespass.
The prohibition to enter may be made at any time and not necessarily at the time of the
entrance
#ases when (rt >G does not apply+
a* when the purpose of the entrance is to prevent serious harm to himself, the
occupant or third persons
b* when the purpose of the offender in entering is to render some service to
humanity or .ustice
c" (nyone who shall enter cafes, taverns, inns and other public houses while
they are open.

Art 6A2: %t4er *orm1 of Tre1"a11
Element1:
1. That the offender enters the closed premises or the fenced estate of another.
. That the entrance is made while either of them is uninhabited.
$. That the prohibition to enter be manifest.
%. That the trespasser has not secured the permission of the owner or the caretaker
thereof.
6.
Premi1e1 defined
- Signifies distinct and definite locality. It may mean a room, shop, building or
definite area, but in either case, locality is fi!ed.
- 9ntering a warehouse may be trespass under this article because the
warehouse is a closed premise.
Art 6AC Art 6A2
&ffender is a private person Cetention is not authori,ed by
law
&ffender enters a dwelling
house
&ffender enters closed
premises or fenced estate.
-lace entered is inhabited -lace enter is uninhabited
(ct constituting the crime is
entering the dwelling against
the will of the owner
It is entering the closed
premises or the fenced estate
without securing the
permission on of the owner or
care taker thereof.
-rohibition to enter is e!press
or implied
-rohibition to enter must be
manifest.
P( GG6: PenaliLe1 19uattin/ and ot4er 1imilar a$t1
T4reat1 and $oer$ion
Art 6A6: ,ra!e T4reat1
Puni14a#le A$t1:
1. 2y threatening another with the infliction upon his person honor or property or that
of his family of any wrong amounting to a crime and demanding money or imposing
any other condition, even though not unlawful, and the offender attained his
purpose.
. 2y taking such without the offender attaining his purpose.
$. 2y threatening another with the infliction upon this person, honor or property or that
of his family of any wrong amounting to a crime, the threat is not being sub.ect to a
condition.
- 9ssence of the crime of threats is intimidation
- ?ualifying #ircumstances+ if threat was made in writing or through a
middleman
- The act threatened must be wrong
- The crime is consummated as soon as the threats come to the knowledge of
the person threatened, not necessary that the offended party was present at
the time the threats were made.
- Threats made in connection with commission of other crimes are absorbed by
the latten" but if the threat was made with the deliberate purpose of creating
in the mind of the person threatened the belief that the threat would be
carried into effect, the crime is 4rave Threats, and the minor crime which
accompanied it should be disregarded.
- The offender in grave threats does not demand the delivery on the spot of
the money or offer personal property asked by him, otherwise the crime is
robbery with intimidation.
Penalt5 to #e im"o1ed:
- if the offender attained his purpose, the penalty one degree lower of the
penalty for the crime threatened to be committed shall be imposed
- If the threat is not sub.ect to a condition, the penalty is fi!ed.
Art 6A8: Li/4t T4reat1
Element:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is imposed, even though
not unlawful.
%. that the offender has or, has not attained his purpose
- 8ight are committed in the same manner as grave threats, e!cept that the
act threatened to be committed should not be a crime.
- 2lackmailing may be punished under (rt. >$
Art 6A>: Bond for ,ood Be4a!ior
Ca1e1 w4en a "er1on i1 o#li/ed to file t4e #ond
1. 5hen the threatens another under circumstances mentioned in >
. when the threatens another under circumstances mentioned under >$
Art 8?
bond to keep the peace
not made applicable to any particular case
it is an additional penalty
applicable only to cases of grave threats and light threats.
T&REATS R%BBER3
The intimidation is clear and
conditional
Intimidation is actual and immediate
It maybe through an intermediary Intimidation is personal
3efers to a person, honor or property 3efers to personal property
4ain is not an essential element There in intent to gain
The danger to the victim is not
instant
Imminent to the victim
Art 6A?: %t4er li/4t t4reat1
Pro4i#ited A$t1:
1. Threatening another with a weapon, or by inducing such weapon in a 'uarrel, unless
it is in lawful self-defense.
. &rally threatening another, in the heat of anger, with some harm constituting a
crime, without persisting in the idea involved in his threat.
$. by orally threatening to do another any harm not constituting a felony.
o &ther light threats can be committed even the person to whom it is directed is
absent
o 5here the threats are directed to a person who is absent and uttered in a
temporary fit of anger, the offense is only light threats.
ART 6AD: ,ra!e Coer$ion1:
Two wa51 of $ommittin/ ,ra!e Coer$ion1:
1. 2y preventing another, by means of violence, threats or intimidation, from doing
something not
prohibited by law .
. 2y compelling another, by means of violence, threats or intimidation, to do
something against his
5ill, whether it be right or wrong.
Element1:
1. that a person presented another from doing something not prohibited by law, or that
he compelled him to do something against his will, be it right or wrong.
. that the prevention or compulsion be effected by violence, threats or intimidation"
and
$. that the person that restrained the will and liberty of another had not the authority of
law or the right to do so, or, in other words, that the restraint shall not be made
under authority of law or in the e!ercise of any lawful right.
o In grave coercion, the act of preventing by force must be made at the time the
offended party was doing or about to do the act to be prevented. If the act was
already done when violence is e!erted, the crime is un.ust ve!ation.
- #oercion is consummated even if the offended party did not accede to the
purpose of the coercion.
o grave coercion arises only if the act which the offender prevented to do so is not
prohibited by
law or ordinance
o The violence employed must be immediate, actual or imminent. The essence of
coercion is an attack on individual liberty

Art 6AG: Li/4t Coer$ion
Element1:
1. That the offender must be a creditor
2. That he sei,es anything belonging to his debtor
3. That the sei,ure of the thing be accomplished by means of violence or a display
of material force producing intimidation.
4. That the purpose of the offender is to apply the same to the payment of the debt.
o If there is no violence employed, the act is punishable under paragraph of
article >E
o ;n.ust includes any human conducts which although not productive of some
physical or material would, however, un.ustly annoy or ve! an innocent person.
- :i11in/ a /irl, wit4out "erformin/ a$t1 of la1$i!iou1ne11, i1 un;u1t
!e0ation
- T4ere i1 no !iolen$e or intimidation in un;u1t !e0ation
Art 6AA: %t4er 1imilar $oer$ion1 +$om"ul1or5 "ur$4a1e of mer$4andi1e and
"a5ment of wa/e1 #5 mean1 of to<en1.
Puni14a#le A$t1:
1. @orcing or compelling, directly or indirectly or knowingly permitting the forcing or
compelling of the laborer or employee of the offender to purchase merchandise or
commodities of any kind from him.
2. -aying the wages due his laborer or employee by means of tokens or ob.ects
other that the legal tender currency of the -hil., unless e!pressly re'uested by such
laborer or employee.
Element1 of A$t No 2
a* that the offender is any person, agents or officer of any association or
corporation.
b* That he or such firm or corporation has employed laborers or employees.
c* That he forces or compels, directly or indirectly, or knowingly permits to
be forced or compelled, any of his or its laborers or employees to
purchase merchandise of commodities of any kind from him or from said
firm or corporation
Element1 of A$t No 6
a* That the offender pays the wages due a laborer or employee employed by him by
means of tokens or ob.ects.
b* That these tokens or ob.ects one other than the legal tender currency of the
-hilippines.
c* That such employee or laborer does not e!pressly re'uest that he be paid by means
of tokens or ob.ects.
Art 6AB: *ormation, maintenan$e, and "ro4i#ition of $om#ination of $a"ital or
la#or t4rou/4 !iolen$e or t4reat1
Element1:
1* That the offender employs violence or threats, in such a degree as to compel or force
the laborers or employers in the free and legal e!ercise of their industry or work.
* That the purpose is to organi,e, maintain or prevent coalitions of capital or labor, strike
of laborers or lockout of employers.
The act should mot be a more pervious offense
-eaceful picketing, not prohibited
o -eaceful picketing is part of freedom of speech and therefore, cannot be
prohibited
9mploying violence or making threat by picketers may make them liable
for coercion.
-reventing employee from .oining any registered labor organi,ation is
punished under the labor code, not under the revised penal code
Art 6BC: (i1$o!erin/ 1e$ret1 t4rou/4 of $orre1"onden$e
Element1:
1. That the offender is a private individual or even a public officer not in the e!ercise of his
official function.
. that the sei,es the papers of letters of another
$. that the purpose is to discover the secrets of such another person
4. That offender is informed of the contents of the papers of letters sei,ed.
This article does not re'uire that the offended party be pre.udiced.
#ircumstance 'ualifying the offense+
o 5hen the offender reveals the contents of such paper or letters of another to a
third person, the penalty is higher.
Sthis article is inapplicable to+
a* parents
b* guardians
c* or persons entrusted with the custody of minors under their care
d* spouse
e* teachers or other persons entrusted with the care and education
of the minor
Art 6B2: Re!ealin/ 1e$ret1 wit4 a#u1e of %ffi$e
Element1:
1. that the offender is a manager, employee or servant
2. That the offender learns the secrets of is principal of master in such capacity.
3. That he reveals such secrets.
- The secret must have come to their knowledge by reason of their office or
position.
- #amage is not necessary
Art 6B6: Re!elation of Indu1trial Se$ret1
Element1:
1. That the offender is a person in charge, employee or workman of a manufacturing or
industrial establishment.
. That the manufacturing or industrial establishment has a secret of the industry which
the offender has learned.
$. That the offender reveals such secrets.
%. That pre.udice is caused to the owner.
- Secrets must relate to manufacturing processes
- The revelation of the secret might be made after the employee or workman
had ceased to be connected with the establishment.
- -re.udice is an element of the offense.
Anti J *en$in/ Law
+P( 2D26.
*en$in/ [ is that act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, ac'uire, conceal, sell or dispose of, or shall buy and
sell, or in any other manner deal in any article, item, ob.ect or anything of value which
he knows, or should be known to him, to have been derived from the proceeds of the
crime of robbery or theft.
*en$e [ includes any person, firm, association, corporation, or partnership or other
organi,ation whoJwhich commits the act of fencing.
8iability of &fficials of <uridical -ersons
If the fence is a partnership, firm, corporation, or association, the president or the
manager or any officer thereof who knows or should have known the commission of the
offense shall be liable.
-resumption of @encing
Here possession of any good, article, item, ob.ect, or anything of value which has been
the sub.ect of robbery thievery shall be prime facie evidence of fencing.
#learanceJ-ermit to sell used Secondhand (rticles
@or purpose of this act, all stores, establishments or entities dealing in the buy and sell
of any good, article, item, ob.ects or anything of value obtained from an unlicensed
dealer or supplier theory, shall before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander of the Integrated 1ational
-olice in the town or city where such store, establishment or entity is located.
(ny person who fails to secure the clearance or permit re'uires by this section or who
violates any of the rules and regulations promulgated hereunder shall upon conviction
be punished as @ence.
CRIMES A,AINST PR%PERT3
R%BBER3 IN ,ENERAL
R%BBER3, (efined:
Ro##er5 is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything,
shall be guilty of robbery.
CLASSI*ICATI%N %* R%BBER3:
1. 3obbery with violence against, or intimidation of persons. )(rticles =%,=E and =>*
. 3obbery by the use of force upon things. )(rticles == and $G*
ELEMENTS %* R%BBER3 IN ,ENERAL
a. That there be of )1*personal property )* belonging to another"
b. That there is )$* unlawful taking of the property"
c. That the taking must be )%* with intent to gain"
d. That there is )6* violence against or intimidation of any person or force upon
anythings.
In the commission of the crime of robbery, it is not necessary that the
person for whom the property is taken by means of threats and violence, shall
be the owner thereof. It is sufficient if the property is taken from him by such
means, for the purpose of gain, on the part of the person appropriating it.
9ven the owner of the property may be guilty of robbery when, for a
instance he takes it from the possession of a bailee, with the intent to charge
the bailee with its value.
Art 6B>: R%BBER3 WIT& VI%LENCE A,AINST %R INTIMI(ATI%N %* PERS%NS
:ind1 of Ro##er5 wit4 !iolen$e a/ain1t or intimidation of "er1on1:
1. 5hen by reason of robbery or on occasion of the robbery homicide shall have been
committed" or when robbery is accompanied by rape or intentional mutilation or
arson.
. 5hen or by reason or on occasion of such robbery serious physical in.uries
penali,ed in subdivision 1 of (rticle D$ shall have been inflicted.
$. 5hen by reason on occasion of such robbery serious physical in.uries penali,ed in
subdivision of (rticle D$ shall have been inflicted.
%. If the violence or intimidation employed shall have been carried to a degree
unnecessary for the commission of the crime, or when in the course of its e!ecution,
the offender inflicted upon any person not responsible for its commission any of the
physical in.uries covered by subdivisions $ and % or (rticle D$.
6. &ther cases of violence or intimidation
The phrases /on the occasion0 and /by reason0 of the robbery mean that the
homicide, rape and serious physical in.uries defined in paragraphs 1 and of (rticle D$
must be committed in the course or because of the robbery.
3obbery is a comple! crime because there one penalty prescribed, even if
two crimes are committed. (rticle %> applies only when a comple! crime is not
punished with a specific penalty.
R%BBER3 WIT& &%MICI(E
The form E&%MICI(EF is used in the generic sense and the comple! crime there in
contemplated comprehends not only robbery with homicide in its restricted sense but
also with robbery with murder.
(ny and all forms of killing )murder, parricide, infanticide* are referred to as
&%MICI(E
(s long as there is only one )1* robbery, regardless of the persons killed,
the crime will only be one count of robbery with homicide. The fact that there multiple
killings committed in the course of the robbery will be considered only as
A,,RAVATIN, so as to call for the imposition of the ma!imum penalty prescribed by
law.
If somebody is killed and physical in.uries are also inflicted by reason or on
the occasion of the robbery, the physical in.uries inflicted are only considered
A,,RAVATIN, CIRCUMSTANCES in the crime of robbery with homicide.
If in the course of the robbery another robber is killed by his companion, the
crime committed is still robbery with homicide. The law does not re'uire that the person
killed is the owner of the property taken. The same is true even if the person killed was
an innocent bystander and not the person robbed.
5hen homicide is not proved, the crime is only robbery.
R%BBER3 WIT& RAPE
This is usually committed when, while some robbers are ransacking
for personal property in the house, the other is raping a woman in the
same house.
If is not necessary that the rape be committed prior to our
simultaneously with the robbery. @or the law says, in the definition of
the crime, that when the robbery is accompanied by rape on
mutilation, etc.
NB If t4e ra"e i1 $ommitted a/ain1t a woman in a 4ou1e ot4er t4an t4at t4e
ro##er5 i1 $ommitted, t4e ra"e 14ould #e $on1idered a 1e"arate offen1e
There is no such crime as robbery with attempted rape, because a
robbery cannot be a necessary means to commit attempted rape" nor
attempted rape, to commit robbery. 2oth crimes cannot be the result
of a SIN,LE ACT The rape must be consummated.
If rape was the primary ob.ective of the occurred, and his taking of the
.ewels of the victim was N%T WIT& INTENT T% ,AIN but .ust to
have some tokens of her supposed consent to the coition, the accused
committed two district crimes of rape and un.ust ve!ation.
If the woman raped pardoned or married the robber, the crime
remains robbery with rape. The rape is not erased, because the crime
is robbery which is a crime against property.
R%BBER3 WIT& P&3SICAL IN7URIES
If in the occasion of the robbery, one of the offenders inflicted upon
another robber, physical in.uries, there is no crime of robbery with
physical in.uries because the wording of the law says EUP%N AN3
PERS%N N%T RESP%NSIBLE *%R ITS C%MMISSI%NF
Bowever, if the physical in.uries inflicted are those falling under subdivision 1
and of (rticle D$, even though the physical in.uries were inflicted upon one
of the robbers themselves, and even though it had been inflicted after the
robbery was already consummated, the crime will still be robbery with
serious physical in.uries. There will only be one count of accusation.
The physical in.uries must always be serious. If they are only LESS
SERI%US %R SLI,&T they are absorbed in the robbery. The crime
becomes merely robbery.
2ut if the less serious physical in.uries are committed after the
robbery was already consummated, there will be a separate charge
for less serious physical in.uries.
R%BBER3 WIT& VI%LENCE A,AINST %R INTIMI(ATI%N %* PERS%NS IS
IUALI*IE( W&EN:
If any of the offenses defined in subdivisions $, % and t of (rticle =% is committed
1. in an uninhabited place, or
. by a band"
$. by attacking a moving train, street car, motor vehicle, or airship, or
%. by entering the passengers compartments in a train, or in any manner taking the
passengers there of by surprise in the respective conveyances, or
6. on a street, road highway, or alley, and the intimidation is made with the use of
firearms, the offender shall be punished by the ma!imum periods of the proper
penalties prescribed in (rticle =%.
Any of these five *@- BUA.&9/&(= "&R"U!+TA("+ of robbery
with physical injuries or intimidation most be alleged in the
information and proved during the trial.
&t cannot be offset by =(R&" !&T&=AT&(= "&R"U!+TA("+.
The 2ualifying circumstances do not apply with Robbery with
Homicide, Rape or with +erious %hysical &njuries under
subdivision : of Article 6A;. &f said circumstances are
present, they are only =(R&" A==RACAT&(=
"&R"U!+TA("+.
Art 6BD (E*INITI%N %* A BAN( AN( PENALT3 INCURRE( B3 T&E MEMBERS
T&ERE%*:
BAN( (efined
5hen at least four )%* armed malefactors take part in the commission of a robbery, it is
denied committed by a band.
5hen any of the arms used in the commission of the robbery is not licensed, the penalty
upon all the malefactors shall be the ma!imum of the corresponding penalty provided
by law, without pre.udice to the criminal liability for illegal possession of such firearms.
(ny number of the band who was present at the commission of a robbery by
the band shall be punished as principal of any of the assaults committed by the band,
unless it is shown that he attempted to prevent the same.
2ut when there is C%NSPIRAC3 to commit homicide and robbery, all the
acts of conspiracy, even if less than four armed men, are liable for the special comple!
crime of robbery with homicide, rape, etc.
(rticle =E provides that whether the robbery is attempted or frustrated, the penalty is
still the same.
Bowever, in an attempted or frustrated robbery, the killing of the victim is
'ualified by treachery or relationship, the proper penalty for murder or parricide shall be
imposed because it is more severe.
3obbery with Bomicide andJor (ttempted or @rustrated 3obbery with homicide is
a SPECIAL C%MPLE' CRIME not governed by (rticle %>, but by the special provisions
of (rticles =E, respectively. Bowever, when the offense committed is attempted or
frustrated robbery with serious physical in.uries, (rticle %> is applicable.
ART 6BA E'ECUTI%N %* (EE(S B3 MEANS %* VI%LENCE %* INTIMI(ATI%N
ELEMENTS:
1. That the offender has intent to defraud another.
. That the offender compels him to sign, e!ecute, or deliver any public instrument or
document.
$. That the compulsion is by means of violence or intimidation.
The document need not be PUBLIC The Spanish test of this article says
EESCRITURA PUBLICA % (%CUMENT%F The ad.ective EPUBLICF must therefore
describe the word EINSTRUMENTF only. Bence, delivered is a private or commercial
paper.
not applicable if the document is V%I(
II R%BBER3 B3 T&E USE %* *%RCE UP%N T&IN,S
The /force upon things0 contemplated re'uires some element of trespass into
the establishment where the robbery was committed. The offender must have *%RCE(
T% ENTER INT% the premises when the robbery was committed. If no entry was
effected even through force may have been employed actually in the taking of the
property from within the premises, the crime will only be T&E*T
TW% +6. PRE(ICATES T&AT WILL ,IVE RISE T% T&E CRIME AS R%BBER3:
1. 2y mere entering alone, a robbery will be committed if any personal property is
taken from within.
. The entering will not give rise to robbery even if something is taken inside. Its the
breaking of the receptacle or closet or cabinet where the personal property is kept
that will give rise to robbery.
UN(ER T&E *IRST PRE(ICATE T&E ELEMENTS ARE:
1. That the offender entered )a* an inhabited house, or )b* public building, or )c* edifice
devoted to religious worship.
. That the entrance was effected by any of the following means+
a. Through an opening not intended for entrance or egress"
b. 2y breaking any wall, roof, or floor or breaking any door or window"
c. 2y using false keys, picklocks or similar tools" or
d. 2y using any fictitious name or pretending the e!ercise of public authority.
. That once inside the building, the offender took personal property belonging to
another with intent to gain.
The offender must EENTERF house or building in which the robbery is committed.
There must be evidence or the facts must show that the accused entered the dwelling,
house or building by any of the means enumerated. Thus, if the offender merely
inserted his hard through an opening in the wall or used a pole through the window to
get the clothes inside the room, while the offender remained outside the house or
building, the crime committed is T&E*T, not R%BBER3
If the entering was done through the window, even if the window is
not broken, that would characteri,e the taking of personal property
inside as robbery, because the window is not an opening intended for
entrance.
&rdinarily, the interpretation was that in order that there be a
breaking of the door in contemplation of law, there must be save
damage. If the door was not damaged but only the lack attached to
the door was broken, the taking from within i1 onl5 T&E*T BUT
T&E RULIN, IS N%W ABAN(%NE( BECAUSE T&E (%%R IS
C%NSI(ERE( USELESS WIT&%UT T&E L%C:
If the picklock of false key was used not to enter the premises because the
offender had already entered but was used to unlock an interior door or even a
receptacle where the valuable or personal belonging was taken, the use of false keys or
pick lock will not give rise to robbery with force upon things entrance, and not to e!tract
personal belongings from the place where it is biro kept.
UN(ER T&E SEC%N( PRE(ICATE, T&E ELEMENTS ARE:
1. That the offender is inside a dwelling house, public building or edifice development
to religious worship regardless ok the circumstances+
. That he offend personal property belonging to another, with the initial to gain, under
any other following"
a. by the breaking of doors wardrobe, changes, or any my other kind of locked
or sealed furniture or receptacle" or
b. by taking much furniture or ob.ects way to be broken as forced open the pace
of the group.
R%BBER3 WIT& *%RCE UP%N T&IN,S +6BB., in order to #e 9ualified, mu1t #e
$ommitted in an UNIN&ABITE( PLACE and B3 INTIMI(ATI%N %* PERS%NS mu1t
#e $ommitted in an +2.UNIN&ABITE( PLACE or +6. B3 A BAN( +Art 6B?.
(EPEN(ENCIES, (efined:
(re all interior courts, corrals, warehouses, granaries or enclosed places contiguous to
the building or edifice, having an interior entrance connected therewith, and which form
part of the whole.
ART 8C6 R%BBER3 IN AN UNIN&ABITE( PLACE %R IN A PRIVATE BUIL(IN,
ELEMENTS:
1. That the offender entered an uninhabited place or a building which was not a
dwelling house, not a public building, or not an edifice devoted to religious worship.
. That any of the following circumstances was present+
a. The entrance was effected through an opening not intended for entrance or
egress"
b. ( wall, roof, floor, or outside door or window was broken"
c. The entrance was effected through the use of false keys, picklocks or other
similar tools"
d. ( door, wardrobe, chest, or any sealed or closed furniture or receptacle was
broken" or
e. ( closed or sealed receptacle was removed, even if the same be broken open
elsewhere.
. That with intent to gain, the offender took therefrom personal property belonging to
another.
The use of fictitious name or pretending the e!ercise of public authority is not a
means of entering the building under this article, because the place uninhabited and
G no problem could be deceived. Thereby.
R%BBER3 %* CEREALS, *RUITS, %R *IREW%%( IN AN UNIN&ABITE( PLACE %R
PRIVATE BUIL(IN,:
5hen the robbery described in (rticles ==and $G consists in the taking of
cereals, fruit, or firewood. The penalty ne!t loaner mi degree than that prescribed in
said articles shall be imposed
ART 8C> ILLE,AL P%SSESSI%N %* PIC:L%C:S %R SIMILAR T%%LS
ELEMENTS:
1. That the offender has in his possession pickJlabels on similar tools.
. That they are especially adopted
$. That the offender does not have lawful cause for such possession.
%. It is not necessary that they actually used to commit flattered.
C&APTER II
BRI,AN(A,E
T&ERE IS BRI,AN(A,E W&EN:
1. There be at least four )%* armed person.
. They formed a band of robbers.
$. The purpose is any or the following+
a. To commit robbery in the highway" or
b. To kidnap persons for the purpose of e!tortion or to obtain ransom" or
c. To attain by means of force and violence ay other purpose.
The e!istence of any of the purposes mentioned is sufficient. It would not be
necessary to show in a prosecution under this article that a member or members of the
band actually committed highway robbery, etc., in order to convict them, because the
main ob.ect of law is to prevent formation of band of robbers.
ART 8CG AI(IN, AN( ABETTIN, A BAN( %* BRI,AN(S
ELEMENTS:
1. That, there is a band of brigands.
. That the offender knows the land to be brigands.
$. That the offender does any of the following acts+
a. Be in any manner aids, abets or protects such band of brigands"
b. Be gives information of the police or other please 'ualification.
c. Be ac'uires or receives often property taken by finish brigands.
PRESUMPTI%N: It shall be presumed that the person performing any of the acts
provided in the article has performed them knowingly, unless the contrary is proven.
C&APTER III
T&E*T
T&E*T, (efined:
Theft is committed by any person, who intent to gain but without violence against or
intimidation to persons nor force upon things, shall take personal property of another
without the latters consent.
PERS%NS LIABLE *%R T&E*T:
1. Those who, )a* with intent to gain, )b* but without violence against or intimidation of
persons nor force upon things, )c*take )d* personal property )e* of another )f* without
the latters consent.
. Those who, )a* having found lost property, )b* fail to deliver the same to the local
authorities or to its owner.
$. Those who, )a* after having maliciously damaged the property of another, )b*
remove or make use of the fruits or ob.ects of the damage caused by them.
%. Those who )a* enter an enclosed estate or a field where )b*trespass is forbidden or
which belongs to another and, without the consent of its owner, )c* hunt or fish upon
the same or gather fruits, cereals or other forest or farm products.
ELEMENTS %* T&E*T:
1. That there be taking of personal property.
. That said property belongs to another.
$. That the taking be done with intent to gain.
%. That the taking be done without the consent of the owner.
6. That the taking be accomplished without the use of violence against or intimidation
of persons or force upon things. );.S. vs. Ce Mera, %$ -hil. 1GGG" -eople vs. Tusay, 6G
-hil. 6=>*
BASIS %* PENALT3 ARE T&E **:
1. The value of the things stolen"
. The value and also the nature of the property taken" or
$. The circumstances or causes that impelled the culprit to commit the crime.
T4eft i1 $on1ummated when the offenderJs were able to take possession of the
thing taken by them. It is not an indispensable element of Theft that the thief
carries, more or less away, the thing token by him from its owner.
The taking is considered complete only when the offender is able to place the thing
taken under his control and in such a situation as he could dispose of it at once.
&n other cases, it was held that asportation is complete from the moment the
offender had full possession of the thing, even if he did not have an opportunity to
dispose of the same.
/Intent to gain0 is presumed from the unlawful taking of personal property
belonging to another.
It is not necessary that there was real or actual gain in the part of the offender or that he
removed the stolen animals in order to make use of or device some benefit from them.
It is enough that on taking them, he was then actuated by the desire or intent to gain.
PRESUMPTI%N +(%CTRINE %* P%SSESSI%N. when a person has
in his possession, part of the recently stolen property, he is pressured
to be the thief of all, in the absence of satisfactory e!planation of his
possession.
*IN(ER %* L%ST PR%PERT3@ T4in/1 to #e $on1idered %R "ro!ed+
1. The time of sei,ure of the thing"
. That he accused having the opportunity to return or deliver the lost property to its
owner or to the local authorities, refrained from doing so.
Intent to gain is inferred, from the deliberate failure to deliver the lost
property to the proper person, the finder knowing that the property
does not belong to him.
&UNTIN,, *IS&IN,, %R ,AT&ERIN, *RUITS, et$, IN ENCL%SE( ESTATE:
ELEMENTS:
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another"
. That he offender enters the same"
$. That the offender hunts or fishes upon the same or gathers fruits, cereals or other
forest or farm products in the estate or field" and
%. That the hunting or fishing or gathering of products is without the consent of the
owner.
T&E*T IS IUALI*IE( I*:
1. If the theft is committed by a domestic servant.
. If the theft is committed with grave abuse of confidence.
$. If the property stolen is a )a* motor vehicle, )b* mail matter, or )c* large cattle.
%. If the property stolen consists of coconuts taken from the premises of a plantation.
6. If the property stolen is fish taken from a fishpond or fishery.
D. If property is taken on the occasion of fire, earth'uake, typhoon, volcanic eruption,
or any other calamity vehicular accident or civil disturbance.
It is not necessary that the domestic servant committed the crime
with grave abuse of authority.
That there not be allegation in the information the proof of relation by
reason of dependence, guardianship or vigilance, between the
accused and the offended parts, that has created a high degree of
confidence between then, which the accused abused.
Theft of -roperty of 1ational 8ibrary and Huseum has a fi!ed penalty
regardless of its value )(rt. $11*
C&APTER V
USURPATI%N
Art 826: %CCUPATI%N %* REAL PR%PERT3 %R USURPATI%N %* REAL RI,&TS
IN PR%PERT3
ACTS PUNIS&ABLE:
1. 2y taking possession of any real property belonging to another by means of violence
against or intimidation of persons.
. 2y usurping any real rights in property to another by means of violence against or
intimidation of persons.
ELEMENTS:
a. That the offender takes possession of any real property or usurps any real rights in
property.
b. That the real property or real rights belong to another.
c. That violence against or intimidation of persons is used by the offender in occupying
real property or usurping real rights in property.
d. That there is intent to gain.
#riminal action for usurpation of real property is not a far for the filing of civil
action for *%RCIBLE ENTR3
Art 828: ALTERIN, B%UN(ARIES %* LAN(MAR:S
ELEMENTS:
1. That there be boundary marks or monuments of towns provinces, or states, or
any other marks intended to designate the boundaries of the same.
. That eh offender alters said boundary marks.
Intent to /ain i1 not ne$e11ar5 Mere alteration i1 "uni14a#le
C&APTER V
CULPABLE INS%LVENC3
Art 82?: *RAU(ULENT INS%VENC3
ELEMENTS+
1. That the offender is a debtor" that is, he has obligation due and payable.
. That he absconds with his property, real or personal.
$. That there be pre.udice to his auditors.
@raudulent concealment of property is not sufficient in the debtor has some other
propertyJproperties with which to satisfy his obligation.
C&APTER VI
SWIN(LIN, AN( %T&ER (ECEITS
ELEMENTS %* ESTA*A IN ,ENERAL:
1. That the accused defrauded another )a* by abuse of confidence, or )b* by means of
deceit" and
. That damage or pre.udice capable of pecuniary estimation is caused to the offended
party or third person.
It is necessary that the damage or pre.udice be capable of pecuniary estimation,
because the amount or damage or pre.udice is the basis of the penalty of estafa.
T&E *IRST ELEMENT C%VERS T&E TREE (I**ERENT WA3S %* C%MMITTIN,
ESTA*A UN(ER ARTICLE 82?, NAMEL3:
1. with unfaithfulness or abuse of confidence"
. by means of false pretenses or fraudulent acts" or
$. through fraudulent means.
ELEMENTS %* ESTA*A WIT& UN*AIT&*ULNESS:
1. That the offender has an onerous obligation to deliver something of value.
. That he alters his substances, 'uantity or 'uality.
$. That damage or pre.udice is caused to another.
ILLUSTRATI%N: Alterin/ t4e Su#1tan$e1
-edro sold 6GG tin cans of condensed milk to <uan, when they were delivered, GG cans
contained evaporated milk.
ILLUSTRATI%N: Alterin/ t4e Iuantit5
-edro who, after having agreed to the sale of 6GG cans of milk, and having received the
payment thereof, delivers to <uan %6G can only.
ILLUSTRATI%N: Alterin/ t4e Iualit5
-edro agreed to sell to <uan imported condensed milk and received from <uan the
purchase price thereof. 2ut when they were delivered to <uan, it was found to be locally
made. The damage consists in the difference in the value of the milk.
ELEMENT %* ESTA*A WIT& ABUSE %* C%N*I(ENCE:
1. That money, goods, or other personal property be received by the
offender in trust, or on commission, or for administration, or under any
other obligation involving the duty to make delivery of, or to return,
the same"
. That there be misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt"
$. That such misappropriation or conversion or denial is the pre.udice of
another" and
%. That there is a demand made by the offended party to the offender.
7URI(ICIAL P%SSESSI%N, (efined@
Heans a possession which gives the transfer a right over the thing which the transferee
set up even against the owner.
T&REE +8. WA3S %* C%MMITTIN, ESTA*A WIT& ABUSE %* C%N*I(ENCE:
2 B5 mi1a""ro"riatin/ t4e t4in/ re$ei!ed
Heans to own" to take something for ones own benefit.
6 B5 $on!ertin/ t4e t4in/ re$ei!ed
The act of using or disposing of anothers property as if it were ones own.
Cevoting the property to a purpose or use different from that agreed upon.
8 B5 den5in/ t4at t4e t4in/ wa1 re$ei!ed
This is the kind of estafa under (rticle $16, where (EMAN( may be re'uired,
because in estafa with abuse of confidence, the offender receives the thing from the
offended party under a lawful transaction, unlike in estafa in by means of deceit,
demand is not necessary, because the offender obtains delivery of the thing wrongfully
from the beginning.
(EMAN( is not re'uired by law" but it is necessary because failure to account,
upon demand, is circumstantial evidence of misappropriation.
It must be to the pre.udice of the offended party to the pre.udice of another not
necessarily of the owner of the property.
There is no estafa through NE,LI,ENCE
ELEMENT %* ESTA*A B3 TA:IN, UN(UE A(VANTA,E %* T&E SI,NATURE IN
BLAN::
1. That the paper with the signature of the offended party be in blank.
. That the offended party should have delivered it to the offender.
$. That above the signature of the offended party a document is written by the offender
without authority to do so.
%. That the document so written creates a liability of, or causes damage to, the
offended party or any third person.
ELEMENTS %* ESTA*A B3 MEANS %* (ECEIT:
a. That there must be a false pretense, fraudulent act or fraudulent means.
b. That such false pretense, fraudulent act or fraudulent means must be made or
e!ecuted prior to or simultaneously with the commission of the fraud.
c. That the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property
because of the false pretense, fraudulent act, or fraudulent means.
d. That as a result thereof, the offended part suffered damage.
ESTA*A B3 MEANS %* *RAU(ULENT ACTS:
The acts must be characteri,ed by or founded on deceit, trick or cheat.
ELEMENTS %* ESTA*A B3 IN(UCIN, AN%T&ER T% SI,N AN3 (%CUMENT:
1. That the offender induced the offended party to sign a document"
. That deceit be employed to make him sign the document"
$. That the offended party personally signed the document.
%. That pre.udice be caused.
The offender must induce the offender party to sign the document. If the offended
party is WILLIN, and REA(3 from the beginning to sign the document and there is
deceit as to the character or contents of the document, because the content are
different from those which the offended part told the accused to state in the
document, the crime is *ALSI*ICATI%N
%T&ER *%RMS %* SWIN(LIN,
PARA,RAP& 2- B5 $on!e5in/, 1ellin/, en$um#erin/, or mort/a/in/ an5 real
"ro"ert5, "retendin/ to #e t4e owner of t4e 1ame
ELEMENTS:
1. That the thing be immovable, such as a parcel of land or a building.
. That he offender who is not the owner of said property should represent that he is
the owner thereof.
$. That the offender should have e!ecuted an act of ownership )selling, leasing,
encumbering or mortgaging in the real property*
%. That the act be made to the pre.udice of the owner or a third person.
The real property must be e!isting, if not, the offense is estafa by means of false
pretense under paragraph )a* of (rticle $16.
PARA,RAP& 6- B5 di1"o1in/ of real "ro"ert5 a1 free from en$um#ran$e,
alt4ou/4 1u$4 en$um#ran$e #e not re$orded
ELEMENTS+
1. That the thing disposed of be real property.
. That the offender knew that the real property was encumbered, whether the
encumbrance is recorded or not.
$. That there must be e!press representation by the offender that the real property is
free from encumbrance.
%. That the act of disposing of the real property be made to the damage of another.
ENCUMBRANCE, (efined:
Includes every right or interest in the land which e!ist in favor of third personJs.
1. The offender must know that the real property is encumbered.
. (n enforceable verbal agreement, previously made, to mortgage. The
real property as a security for a loan is an encumbrance on the property,
because a promise to mortgage is not an encumbrance.
PARA,RAP& 8- B5 wron/full5 ta<in/ #5 t4e owner 4i1 "er1onal "ro"ert5 from
it1 lawful "o11e11or
ELEMENTS:
1. That the offender is the owner of personal property.
. That said personal property is in the lawful possession of another.
$. That the offender wrongfully takes it from its lawful possessor.
%. That pre.udice is thereby caused to the possessor or third person.
The offender must be the owner of the personal property. If he is a third person
and his purpose in taking it is to return it to the owner, it is T&E*T, since the abstracting
was made with the intent that another might profit thereby.
PARA,RAP& > J B5 e0e$utin/ an5 fi$titiou1 $ontra$t to t4e "re;udi$e of
anot4er
The crime of estafa by e!ecuting a fictitious contract to the pre.udice of another
may be illustrated in the case of a person who SIMULATES a conveyance of his
property to another, for the purpose of defrauding his creditors.
If the conveyance is real and made for a consideration and not simulated, to
pre.udice a creditor, the case would be *RAU(ULENT INS%LVENC3
PARA,RAP& ?- B5 a$$e"tin/ an5 $om"en1ation for 1er!i$e1 not rendered or
for la#or not "erformed
The crime in this paragraph consists in accepting any compensation given the
accused who did not render the service or perform the labor for which payment was
made.
2ut this kind of estafa re'uires fraud as an important element. If there is no
fraud, it becomes payment not owing, known as solution indebiti under the #ivil #ode,
with civil obligation to return the wrong payment.
It will seem that what constitutes estafa under this paragraph is the malicious
failure to return the compensation wrongfully received.
If the money in payment of a debt was delivered to a wrong person, (rt. $1D,
par.6, is not applicable, in case the person who received it later refused or failed to
return it to the owner of the money, (rt. $16, subdivision 1 )b*, is applicable.
PARA,RAP& D J B5 1ellin/, mort/a/in/ or en$um#erin/ real "ro"ertie1 wit4
w4i$4 t4e offender /uaranteed t4e fulfillment of 4i1 o#li/ation a1 1uret5
ELEMENTS:
1. That the offender is a surety in a bond given in a criminal or civil action.
. That he guaranteed the fulfillment of such obligation with his real property or
properties.
$. That he self, mortgages, or, in my other manner encumbers said real property.
4. That such sale, mortgage, or encumbrance is )a* without e!press authority from the
court, or )b* made before the cancellation of his bond, or )c*before being relieved
from the obligation contracted by him.
Art 82G: SWIN(LIN, A MIN%R
ELEMENTS:
1. That the offender takes advantage of the ine!perience or emotions or feeling of a
minor.
. That he induces such minor )1* to assume an obligation, or )* to give release, or )$*
to e!ecute a transfer of any property right.
3. That the consideration is )1* some loan of money, )* credit or )$*other personal
property.
%. That the transaction is to the detriment of such minor.
3eal property is not induced because it cannot be made to disappear, since a
minor cannot convey real property without .udicial authority.
Art 82A: %T&ER (ECEITS
1. 2y defrauding or damaging another by any other deceit not mentioned in the
preceding articles.
. 2y interpreting dreams, by making forecasts, by telling fortune, or by taking
advantage of the credibility of the public in any other similar manner, for profit or
gain.
C&APTER VII
C&ATTEL M%RT,A,E
ACTS PUNIS&ABLE:
1. 2y knowingly removing any personal property mortgaged under the #hattel
Hortgage 8aw to any proving or city other than the one in which it was located at the
time of e!ecution of the mortgage, without the written consent of the mortgages or
his e!ecutors, administrators or assigns.
. 2y selling or pledging personal property already pledged, or any part thereof, under
the terms of the #hattel Hortgage 8aw, without the consent of the mortgagee
written on the back of the mortgage and noted on the record thereof in the office of
the register of deeds of the province where such property is located.
It is essential that there be a valid and subsisting chattel mortgage. If the chattel
mortgage does not contain an affidavit of good faith and is not registered, it is void and
cannot be the basis of a criminal prosecution under (rt. $1=.
The offender can be any person who shall knowingly remove the mortgaged
personal property to another province or city without the WRITTEN C%NSENT of the
mortgage.
(rticle 1%G of the 1ew #ivil #ode makes it indispensable that the document
RE,ISTERE(. If the chattel mortgage is not registered, there is no violation of (rticle
1$=.
C&APTER VIII
ARS%N AN( %T&ER CRIMES INV%LVIN, (ESTRUCTI%N
ATTEMPTE( ARS%N
5hen the offender is about to set fire to the rag full of gasoline beside the
building, he is discovered by another who chases him away.
C%NSUMMATE( ARS%N
If the fire had burned part of the building or whole of the building then it is in its
consummated stage. It is not necessary that the wood should be abla,e, were charring
of the wood is sufficient.
C&APTER I'
MALICI%US MISC&IE*
MALICIU%S MISC&IE*
ELEMENTS:
1. That the offender deliberately caused damage to the property of another.
. That such act does not constitute arson or other crimes involving destruction.
$. That act of damaging anothers property be committed merely for the sake of
damaging it.
It cannot be committed through NE,LI,ENCE. The offender should act under
the impulse of a specific desire to inflict in.ury to another.
If there is no malice in causing the damageL the obligation to repair or pay for
damages is only civil.
Art 86A: SPECIAL CAUSES %* MALICI%US MISC&IE* or IUALI*IE( MALICI%US
MISC&IE*:
1. #ausing damage to obstruct the performance of public functions.
. ;sing any poisonous or corrosive substance.
$. Spreading any infection or contagion among cattle.
%. #ausing damage to the property of the 1ational Huseum, 1ational 8ibrary, or to any
achieve or registry, waterworks, road, promenade, or any other thing and in common
by the public.
Art 88C: (AMA,E AN( %BSTRUCTI%N T% MEANS %* C%MMUNICATI%N
1. It is committed by damaging any railway, telegraph or telephone lines.
. If the damage shall result in any derailment of cars, collision and other
accidents, a higher penalty shall be imposed.
C&APTER '
E'EMPTI%N *R%M CRIMINAL LIABILIT3 IN CRIMES A,AINST PR%PERT3
PERS%NS E'EMPT:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line"
. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall passed into the possession or another" and
$. 2rothers and sisters and brothers-in-law and sisters-in-law, if living together.
The e!emption established shall not be applicable to strangers participating
into the commission of the crime.
The reason for e!emption from criminal liability is that the law recogni,es the
presumed co-ownership of the property between the offender and the
offended party.
CRIMES INV%LVE(:
1. Theft
. Swindling )9stafa*
$. Halicious Hischief
1o criminal" but only CIVIL LIABILIT3 shall result from the commission of any
said crimes, committed or caused mutually by those persons.
Stepfather, adapted father, natural children, concubine and paramour are
INCLU(E(
Stepfather and stepmother are included as a ascendants by affinity.
(n adopted or natural child is included in the form /relatives0.
(pplies to common-law spouses
#oncubine a paramour within the form /spouse0.
T% BE E'CEPT *R%M CRIMINAL LIABILIT3, T&E WI(%WE( SP%USE W&%
C%MMITS T&E*T, ESTA*A %R MALICI%US MISC&IE*, IT IS REIUIRE( T&AT:
1. The property belongs to the deceased spouse" and
. It has not passed into the possession of a third person.
TITLE 'I
CRIMES A,AINST C&ASTIT3
Art 888: A(ULTER3
ELEMENTS
1. That the woman is married
. That she has se!ual intercourse with a man not her husband
$. That as regard the man with whom she has se!ual intercourse, he must know her to
be married.
Will t4e (o$trine of in "ari deli$to a""li$a#le in adulter5=
In the 4uinucud case where the husband agreed with the wife that they live separately
and free to marry other persons, the husband cannot file a complaint against his wife for
having adulterous relationship. The concept of pari delicto is not present in the 3evised
-enal #ode but only in (rt.1%11 of the #ivil #ode.
Ceath of paramour will not bar the prosecution against the unfaithful wife, because
the re'uirement that both he the offenders should be included in the complaint is
absolute only when the two offenders are alive
-roceedings must continue despite death of the offended party
9ffect of pardon+ (rt. $%% re'uire that-
1. The pardon must come before the institution of the criminal prosecution" and
. 2oth the offenders must be pardoned by the offended party.
Art 88>: C%NCUBINA,E
ELEMENTS
1. That the man must be married
. That he committed any of the following acts+
a. Peeping a mistress in a con.ugal dwelling
b. Baving se!ual intercourse under scandalous circumstances with a woman who is not
his wife
c.#ohabiting with her in any other place
$. (s regards the woman, she must know him to be married
A(ULTER3 C%NCUBINA,E
- ( single act of se!ual intercourse by a
married woman is enough.
-rove the ff+
- husband keeping the mistress in the
con.ugal dwelling, or
- by having se!ual intercourse, under
scandalous circumstances with a woman
who is not his wife"
- by cohabiting with her in any other
place.
-
-#omplaint from the offended spouse is
necessary.
- #omplaint from the offended spouse is
necessary.
- 9ach act of se!ual intercourse is a
single count of adultery.
(dultery is more severely punished than concubinage because adultery makes possible
the introduction of another mans blood into the family so that the offended husband may have
another mans son bearing his )husbands* name and receiving support from him.
Art 88D: A$t1 of La1$i!iou1ne11
ELEMENTS:
1. That the offender commits any act of lasciviousness or lewdness
. That it is done under any of the following circumstances+
a. 2y using force or intimidation" or
b. 5hen the offended party is deprived of reason or otherwise unconscious" or
c. 5hen the offended party is another person of either se!
C4a"ter III
Art 88G: Iualified Sedu$tion
TW% CLASSES:
1. Seduction of a virgin over 1 years and under 1> years of age by certain persons,
such as, a person in authority, priest, teacher, etc." and
. Seduction of a sister by her brother, or descendant regardless of her age or reputation
Element1 of 9ualified 1edu$tion of a !ir/in:
1. offended party is a virgin, which is presumed if she is unmarried and of good
reputation"
. that she must be over 1 and under 1> years of age"
$. that the offender had se!ual intercourse with her, and
4. That there is abuse of authority, confidence, or relationship on the part of the
offender.
Art 88A: Sim"le Sedu$tion
Element1:
1. That the offended party is over 1 and under 1> years of age
. That she must be of good reputation, single, or widow.
$. That the offender has se!ual intercourse with her.
%. That it is committed by means of deceit
IUALI*IE( SE(UCTI%N SIMPLE SE(UCTI%N
- the woman is virgin )morally* - The woman is single, widow of good
reputation.
- offender is any person in public
authority, priest, house servant,
domestic, guardian, teacher or any
person entrusted with the education of
custody of the woman seduced.
- &ffender may be any person.
- 5hen the offender is the brother or
an ascendant, the victim may be over
1>, the age and reputation of the girl is
not material.
- The victim is always over 1 but under
1>.
- a woman may no longer be a virgin or a
widow and deceit employed is the very
factor that persuaded the woman to
yield.
RAPE SE(UCTI%N
- The age is less than 1 )statutory*, -the girl maybe more than 1 but less than
or if 1 but less than 1>, there is
force and intimidation, or the girl may
or may not be a virgin.
1> and the crime is by means of ca.olery.
- In 'ualified seduction+ the girl must be a
virgin.
Mirginity- is not physical but moral,
i.e., that the woman does not have
se!ual e!perience.
Art 8>C: Corru"tion of Minor1
#ommitted by one who promotes or facilitates the prostitution or corruption of minor in
order to satisfy the lust of another and not the corruptors own lust.

Art 8>2: W4ite Sla!e Trade
A$t1 "enaliLed:
1. 9ngaging in the business of prostitution
. -rofiting by prostitution
$. 9nlisting the services of women for the purpose of prostitution
In relation to RA G2DC-C4ild A#u1e Law t4e ff are "uni14a#le"
1. -romote, facilitate or induce child prostitution which include, but are not limited to
the following+
a. acting as procurer of a child prostitute"
b. Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means"
c. Taking advantage of influence or relationship to procure a child as prostitute"
d. Threatening or using violence towards a child to engage him as a prostitute"
e. 4iving monetary consideration, goods or other pecuniary benefit to a child with the
intent to engage such child in prostitution.
. Those commit act of se!ual intercourse or lascivious conduct with a child e!ploited in
prostitution"
$. Those who derive profit or advantage therefrom"
%. (ttempt to commit child prostitution.
C&APTER IV
AB(UCTI%N
Art 8>6: *or$i#le a#du$tion
(bduction of any woman against her will with lewd designs.
Element1 *or$i#le A#du$tion wit4 Ra"e:
1. that the person abducted is any woman, regardless of her age, civil status or
reputation"
. that the abduction is against her will" and
$. that the abduction is with lewd design.
lewd de1i/n- obscene, lustful, lascivious, lecherous. It signifies that form of immorality
which has relation to moral impurity, one carried in a wanton manner.
5here the girl is under 1, the crime is always forcible abduction with or without the
consent of the child. The law presumes that the abduction is against her will. Se!ual
intercourse is not an element of abduction" it is enough that that the woman is taken
against her will with lewd designs.
&nly when the rape is consummated can the comple! crime of forcible abduction
with rape be committed or if the taking of the woman amounts to forcible abduction
and thereafter she was abused.
Se!ual intercourse is not necessary in forcible abduction
Art 8>6: Con1ented A#du$tion
Element1:
1. That the offended party must be a virgin
. That she must be over 1 and under 1> years of age
$. That the taking away of the offended party must be with her consent, after solicitation
or ca.olery from the offender
%. That the taking away of the offended party must be with lewd design
C%NSENTE( AB(UCTI%N SE(UCTI%N
- The gravamen of the crime is the alarm and
disturbance to the parents and the family of the
victim and the infringement of their rights.
- The gravamen of the offense is
the wrong done to the woman.
W4en 14ould "ardon #e /i!en #5 t4e offended "art5=
To be effective, pardon must be given before the prosecution of the crime.
W4at are t4e effe$t1 of "ardon #5 t4e offended "art5=
It does not e!tinguish criminal liability. (n e!ception would be marriage under the anti-
rape law. The civil liability shall be e!tinguished by e!press waiver of the offended.
In rape cases the pardon must be granted not only by the parents of the offended but
also the offended herself.
Title Twel!e
Crime1 a/ain1t Ci!il State of Per1on1
Simulation of #irt41, 1u#1titution of one $4ild for anot4er, and $on$ealment or
a#andonment of a le/itimate $4ild
A$t1 Puni14ed under Art 8>G
1. Simulation of births
. Substitution of one child for another
3. #oncealing or abandoning any legitimate child with intent to cause such child to lose
into civil status.
&b.ect of the crime under (rt. $%E is the creation of false or causing of the loss of
civil status.
Art 8>G: Simulation of Birt4
Takes place when the women pretends to be pregnant when in fact she is not and
on the day of the supposed delivery takes the child of another as her own.
The simulation which is a crime is that which alters the civil status of a person.
@act that the child will be benefited by the simulation of its birth is not a defense.
Con$ealin/ or a#andonin/ an5 le/itimate $4ild
Re9ui1ite1:
1. The child must be legitimate
. The offender conceals or abandons such child, and
$. The offender has the intent to cause such child to lose its civil status.
(bandonment of a child should be understood under (rt. $%E as leaving the child a
public place where other people may find it, and causing the child lose it civil status.
#oncealing a legitimate child before the purpose of causing it to lose its civil status.
Lia#ilit5 of P451i$ian or Sur/eon
( physician or surgeon or public officer, who cooperates in the e!ecutive of any of these
crimes, is also liable if he acts in violation of the duties of his profession.
Art 8>A: U1ur"ation of Ci!il Statu1
;surping the civil status of another is committed by assuming the filiations or the
parental or con.ugal rights of another.
Ci!il Statu1 Q
Includes ones public station or the rights, duties, capabilities and incapability which
determine a person to a given class, i.e. usurpation of a profession.
There must be intent to en.oy the right arising from the civil status of another.
The -urpose of defrauding the offended party or his heirs 'ualifies the crime.
C4a"ter Two
Ille/al Marria/e1
Art 8>B: BI,AM3
Element1:
1. that the offender has been legally married
. that the marriage has not been dissolved or, in case of his or her spouse is absent,
the absent spouse could not yet presumed dead according to the civil code.
$. that he contracts a second marriage or subse'uent marriage.
%. that the second or subse'uent marriage has all the essential re'uisites for validity.
1ullity of first marriage, not a defense in bigamy charge
The Supreme #ourt held that there is need of a .udicial declaration of the fact that the
marriage of a person is void before that person can marry again" otherwise the second
marriage be void. )5iegel vs. Sempio-Ciy* 1%$ S#SS %==
The second marriage must have all the essential re'uisites for validity
Malidity of second marriage is a pre.udicial 'uestion to liability for bigamy.
Bi/am5 not a "ri!ate offen1e+ the crime of bigamy does not fall within the category
of private crimes that can be prosecuted only at the instance of the offended party. The
offense is committed not only against the first and second wife but also against the
state.
( person convicted of bigamy may still be prosecuted for concubinage.
The second spouse who knows of the first marriage is an accomplice, as well as
the person who vouched for the capacity of either of the contracting parties.
( .udicial declaration of the nullity of a marriage (b Initio is now re'uired.
@ailure to e!ercise due diligence to ascertain the whereabouts of the first wife is
bigamy through reckless
Imprudence.
4ood faith is a defense in 2igamy.

Art 8?C: MARRIA,E C%NTRACTE( A,AINST PR%VISI%N %* LAWS
Element1:
1. that the offender contracted marriage
. that he knew at the time that
a* the re'uirements of the law were not complied with or
9!. Harriage is solemni,ed by a ministerJpriest who does not have the re'uired
authority to solemni,e marriage.
b* the marriage was in disregard of a legal impediment
2. The marriage does not constitute bigamy.
9ualif5in/ Cir$um1tan$e+ Is either of the contracting parties obtains the consent of
the other by means violence, intimidation or fraud.
Art 8?2: PREMATURE MARRIA,ES
Per1on1 lia#le for Premature Marria/e
1. ( widow who married within $G1 days from the date of the death of her husband, or
before having delivered if she is pregnant at the time of his death.
. a woman who, her marriage having been annulled or dissolved, married before
delivery or before e!piration of the period of $G1 days after the date of legal
separation.
-eriod may be disregarded if the first husband was impotent or sterile.
-eriod of $G1 days is important only for cases where the woman is not pregnant of
without knowledge of such pregnancy. If the woman is pregnant, prohibition is good
only up to time of delivery.
Art 8?6: PER*%RMANCE %* ILLE,AL MARRI,E CEREM%N3
-riest, or ministers of any religious denomination or sect or civil authorities who shall
perform or authori,e any legal marriage ceremony.
&ffender must be authori,ed to solemni,e marriages" otherwise he is liable under
(rt. 1EE for usurpation of authority.
Title T4irteen
CRIMES A,AINST &%N%R
C4a"ter %ne
Li#el
Li#el@ definition
Is a public and malicious imputation of a crime or of a vice or defect real or
imaginary, or any act, omission, condition, status or circumstance tending to cause the
dishonor, discredit or contempt of a natural or .uridical person, or to blacken the
memory of one who is dead.
ELEMENTS of (efamation:
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status or circumstance.
. That the imputation must be made publicly.
$. That it must be malicious.
%. That the imputation must be directed at a natural or .uridical person, or one who is
dead.
6. That the imputation must tend to cause dishonor, discredit or contempt of the
person defamed.
1. 5hen a person in an article imputes upon the person mentioned therein,
lascivious and immoral habits, that article is of a libelous nature as it tends to
discredit the persons libeled in the minds of those reading the article.
. -ublication is the communication of the defamatory matter to some third person
or persons.
$. 5riting a letter to another person other than the person defamed is sufficient to
constitute publication, for the person to whom the letter is addressed is a third
person in relation to its writer and the person defamed therein.
> T&ERE IS N% CRIME I* T&E IMPUTATI%N IS N%T PUBLIS&E(
6. 2ut the publication need not refer by name to the offended party. It is sufficient if
it is shown that the offended party is the person meant or alluded to therein.
6. The defamatory remarks directed at a group of persons are not actionable unless
the statements are all-embracing or sufficiently specific for the victim to be
identifiable.
&ow are t4e element1 of "u#li$ation and identifi$ation 1ati1fied=
There is publication if the material is communicated to a third person. It is not
re'uired that the person defamed has read or heard about the libelous remark. 5hat
is important is that a third person has read or heard of the libelous statement, for a
mans reputation is the estimate in which others hold him, not the good opinion
which he has in himself.
(s regards identification, it must be shown that at least a third person or a stranger
was able to identify him as the ob.ect of the defamatory statement.
In1tan$e1 w4ere defamator5 1tatement i1 a defen1e
1. ( private communication made by any person to another in the performance of
any legal, moral or security duty"
2. ( fair and true report, made in good faith, without any comments or remarks, of
any .udicial, legislative or any other official proceedings which are not of
confidential nature, or of any statement, report of speech delivered in said
proceedings, or of any other act performed by public officers in the e!ercise of
their function.
Rule of A$tual Mali$e
This rule states that even if the defamatory statement is false, no liability can
attach if it relates to official conduct, unless the public official concerned proves
that the statement was made with actual malice, that is, with knowledge that it
was false or with reckless disregard of whether it was false or not.
TEST T% (ETERMINE W&ET&ER W%R(S USE( ARE LIBEL%US
If they tend to induce hearers to suppose and understand that persons against whom
they were uttered was guilty of certain offenses, or are sufficient to impeach his
honesty, virtue or reputation, or to hold him up to public ridicule.
Li#el B5 Mean1 of Writin/1 or Similar Mean1
#ommitted by means of the following+
1. writing" D. phonograph"
. printing" E. painting"
$. lithography" >. theatrical e!hibition"
%. engraving" =. cinematographic e!hibition"
6. radio" 1G. any similar means.
Art 8?D: T4reatenin/ to Pu#li14 and %ffer to Pre!ent 1u$4 Pu#li$ation for a
Com"en1ation
ACTS PUNIS&E(+
1. 2y threatening another to publish a libel concerning him, or his parents, spouse,
child, or other members of his family" or
. 2y offering to prevent the publication of such libel for compensation or money
consideration.
Bla$<mail- is defined as any unlawful e!tortion of money by threats of accusation or
e!posure. It is possible in light threats under (rt. >$, and threatening to publish, or
offering to prevent the publication of libel for compensation, under (rt. $6D.
Art 8?G: Pro4i#ited Pu#li$ation of A$t1 Referred To In T4e Cour1e %f %ffi$ial
Pro$eedin/1
ELEMENTS:
1. offender is a reporter, editor or manager of a newspaper, daily or maga,ine"
. he publishes facts connected with private life of another" and
3. Such facts are offensive to the honor, virtue and reputation of said person.
This provision constitutes the so-called 4ag 8aw.
Art 8?A: Slander- oral defamation
:IN(S:
1. Simple slander
. 4rave Slander, when it is of a serious and insulting nature
*a$tor1 t4at determine t4e /ra!it5 of oral defamation:
1. 9!pression used
. The personal relations of the accused and the offended party
$. The circumstances surrounding the case
%. Social standing and the position of the offended party
Art 8?B: Slander #5 (eed
ELEMENTS:
1. offender performs any act not included in any other crime against"
. such act is performed in the presence of other person or person or persons" and
3. Such act casts dishonor, discredit or contempt upon the offended party.
The commission of this crime depends upon the social standing of the
offended party, the circumstances under which the act was committed, the
occasion and others.
Per1on1 re1"on1i#le for li#el are:
1. The person who publishes, e!hibits or causes the publication or e!hibition of any
defamation in writing or similar means
. The author or editor of a book or pamphlet
$. The editor or business manager of a daily newspaper maga,ine or serial publication
%. The owner of the printing plant which publishes a libelous article with his consent and
all other persons who in any way participate in or have connection with its publication
C4a"ter Two
In$riminator5 Ma$4ination1
Art 8D8: In$riminatin/ Inno$ent Per1on
ELEMENTS:
1. offender performs an act"
. that by such act he directly incriminates or imputes to an innocent person the
commission of a crime" and
3. Such act does not constitute per.ury.
In cases of planted evidence, and the like which do not in themselves
constitute false prosecutions but tend directly to cause false prosecution
INCRIMINATIN, INN%CENT PERS%N PER7UR3 B3 MA:IN, *ALSE
ACCUSATI%N
- committed by performing an act by
which the offender directly incriminates o
imputes to an innocent person the
commission of a crime
- is limited to the act of planting
evidence and the like, in order to
incriminate an innocent person
- the gravamen of the offense is the
imputation itself, falsely made,
before an officer
- is the giving of false statement
under oath or the making of a false
affidavit, imputing to a person the
commission of a crime
Art 8D>: intri/uin/ A/ain1t &onor
ELEMENTS:
1. committed by any person"
. such person makes any intrigue" and
3. -urpose is to blemish honor or reputation of another person.
Ma5 t4e $ourt im"o1e a "enalt5 of fine in1tead of im"ri1onment=
Tes. ;nder, (rticle $66, the court is given the discretion to impose the penalty of
imprisonment or fine or both for the crime of libel. Bumanitarian reasons as held in
Torralba v. #( 1==D.
W4at are t4e different $rime1 of defamation=
They are the oral defamation or slander, written defamation or libel, and defamation by
overt acts or slander by deed.
Mali$e in law
It is malice which the law presumes to be present where the offender cannot establish
.ustifiable reasons or good motives therefore. Bence, the complainant here does not
have to prove the e!istence because it is presumed by law.
Mali$e in fa$t
It is malice which the complainant has to prove to e!ist. The offender must prove the
e!istence of malice in order to hold the offender criminally and civilly liable.
W4at $ourt 4a1 ;uri1di$tion in li#el $a1e1=
The 3egional Trial #ourt have the e!clusive .urisdiction over libel cases, hence, the
e!panded .urisdiction conferred by 3.(. ED=1 to inferior courts cannot be applied to libel
cases.
W4en i1 trut4 a defen1e in defamation=
The interest of society and the maintenance of a good government demand a full
discussion of public affairs. #omplete liberty to comment on the conduct of public men is
a scalpel in the case of free speech. Hen in public life may suffer under a hostile and
un.ust accusation" the wound can be assuaged with the balm of a clear conscience.
Ma5 e!iden$e "ro!in/ t4e trut4fulne11 of t4e im"utation #e re$ei!ed=
1o, 9vidence proving the imputation is ob.ectionable because such is inadmissible.
E0$e"tion1:
1. Imputation against a public officer and the same relates to his public function. )(rt.
$D1, par.b* The offended may adduce evidence of the truth of such imputation.
. Imputation of crime against any person.)art. $D1, par.a*2ut the mere fact that the
truth is proved, the accused must show that he acted out of good motives and
.ustifiable end. Truth alone is not enough, in some cases truth is not a defense at all.
W4at i1 t4e nature of fair $ommentarie1 on matter1 of "u#li$ intere1t=
They are privileged and constitute a valid defense in an action for slander or libel.

The (o$trine of *air Comment means that while in general every discernible
imputation publicly made is deemed false, because every man is presumed innocent
until his guilt is .udicially proved, and every false imputation is directed against a public
person in his public capacity, it is not necessarily actionable.
W4o i1 a "u#li$ fi/ure=
&ne who by his accomplishments, fame, mode of living, or by adopting a profession or
calling which gives the public a legitimate interest in his doings, his affairs and his
character has become a public personage. Be is in other words a celebrity.
Title *ourteen
IUASI-%**ENSES
Art 8D?: Im"ruden$e and Ne/li/en$e
Puni14a#le Iua1i-offen1e1
1. #ommitting through reckless imprudence any act which, had it been intentional,
would constitute a grave or less grave felony or light felony.
. #ommitting through simple imprudence or negligence an act which would otherwise
constitute a grave or less serious felony.
$. #ausing damage to the property of another through reckless imprudence or
negligence"
%. #ausing through simple imprudence or negligence some wrong which if done
maliciously, would have constituted a light felony.
Re$<le11 Im"ruden$e
ELEMENTS:
1. offender does or fails to do an act"
. the doing of or failure to do the act is voluntary"
$. that it be without malice"
%. that material damage results" and
6. there is ine!cusable lack of precaution on the part of the offender, taking into
consideration+
a. his employment or occupation"
b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time and place.
Sim"le Im"ruden$e
ELEMENTS:
1. lack of precaution on the part of the offender" and
. the damage impending to be cause used is not immediate or danger is not clearly
manifest.
Im"ruden$e Ne/li/en$e
1. deficiency of action 1. deficiency of
perception
. failure of precaution . failure in advertence
Re$<le11 Im"rudence Sim"le Im"ruden$e
It is the ine!cusable lack of precaution of a
person taking into consideration his
employment or occupation, degree of
intelligence, physical condition and other
circumstances regarding time, person and
place
Such ine!cusable negligence results in
material damage to another.
It consists of the lack of
precaution displayed in
those cases in which the
damage impending to
be caused is not
immediate or the
danger clearly
manifests
Since this is the mode of incurring criminal liability, if there is only one carelessness,
even if there are several results, the accused may only be prosecuted under one
count for criminal negligence. So there would only be one information to be filed,
even if the negligence may bring about resulting in.uries which are slight.
N%TE: (o not 1e"arate t4e a$$u1ation from t4e 1li/4t "451i$al in;urie1 from
t4e ot4er material re1ult of t4e ne/li/en$e
Illu1tration:
If the criminal negligence resulted in homicide, serious physical in.uries and
slight physical in.uries do not .oin only the homicide, physical in.uries in one
information for the slight physical in.uries. Tou are not comple!ing slight when
you .oin it in the same information. It is .ust that you are not splitting the criminal
negligence because the real basis of the criminal liability is the negligence.
If you split the criminal negligence, then double .eopardy will arise.
SUMMAR3 %* B%%: TW%
Trea1on
+28>.
Re#ellion
+28>.
Sedition
+28B.
Su#!er1ion
+P( AA?.
(ire$t
A11ault 2
1t
"art +2>A.
#rime against
1ational
Security
#rime
against
-ublic &rder
#rime
against
-ublic &rder
Special 8aw #rime
against
-ublic &rder
#an only be
committed in
times of war
Haybe
committed in
times of
peace
Haybe
committed by
mere
adherence to
the enemy,
giving him aid
or comfort
(lways
involves
taking up of
arms against
the
government
There are
only two ways
of proving
treason+
a*
testimony
of
witnesses,
at least, to
the same
overt act
b"
confession
of the
accused in
o"en
$ourt
There is a
public
uprising but
there mu1t
#e taking up
of arms
against the
government
There is a
public
uprising but
it is sufficient
that such is
tumultuous
-unishes
mere
affiliation or
membership
in a
subversive
organi,ation
&ffender
employs
force or
intimidation
to attain any
of the
purposes of
rebellion or
sedition but
with N%
public
uprising
Miolation by a
sub.ect of his
allegiance to
his sovereign
or the
3aising of
commotion
or
disturbances
in the State
Supreme
(uthority of
the State
Pira$5 +266. Ro##er5 on t4e &i/4 Sea1 +Title
', C4a"ter 2.
There is intent to gain There is intent to gain
The manner of committing the crime
is through violence against or
intimidation of persons or force upon
things
The manner of committing the crime
is through violence against or
intimidation of persons or force upon
things
The offender is an outsider The offender is a member of the
complement or a passenger of the
vessel
Ar#itrar5 (etention +26>. and
(ela5 in t4e deli!er5 of detained
"er1on1 to t4e "ro"er ;udi$ial
aut4oritie1 +26?.
Ille/al (etention +6DG N 6DA.
Haybe committed only by public
officers and employees who are
acting as such )2;T private
individuals who conspire with public
officers are guilty of this crime*
#ommitted by private individuals or
public officers and employees acting
in their private capacity
Violation of (omi$ile +26A J 28C. Tre1"a11 to dwellin/ +6AC.
Haybe committed only by public
officers and employees who re acting
as such )2;T private individuals who
conspire with public officers are
guilty of this crime*
#ommitted by private individuals or
public officers and employees acting
in their private capacity
Pro4i#ition, interru"tion and
di11olution of "ea$eful meetin/1
+282.
(i1tur#an$e of "u#li$ order
+2?8C
Haybe committed only by public officers
and employees who are acting as such
)2;T private individuals who conspire
with public officers are guilty of this
#ommitted by private
individuals or public officers
and employees acting in their
private capacity.
crime*
2
1t
wa5 of $ommittin/ t4e $rime
of Ille/al A11em#l5 +2>D.
6
nd
wa5 of $ommittin/ t4e $rime
of Ille/al A11em#l5 +2>D.
That there is a meeting, a
gathering or group of persons,
whether in a fi!ed place or moving
That there is a meeting, a gathering
or group of persons, whether in a
fi!ed place or moving
That the meeting is attended by
armed persons
It doesnt matter whether the
audience is armed or not
That the purpose is to commit any
of the crimes punishable under the
3-#
That the audience is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition or
direct assault.
Ille/al A11em#l5 +2>D. Ille/al A11o$iation +2>G.
There is an actual meeting or
assembly
It is not necessary that there be an
actual meeting
Heeting and attendance at such
meeting is punished
That there is a meeting, a gathering
or group of persons, whether in a
fi!ed place or moving
That the purpose is to commit any
of the crimes punishable under the
3-#
That the audience is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition or
direct assault
Ille/al A11em#l5 +2>D. Ille/al A11o$iation +2>G.
There is an actual meeting or assembly It is not necessary that there be an actual
meeting
Heeting and attendance at such meeting is punished The act of forming or organi,ing and membership
in the association is punished
The persons liable are+
a. organi,ers or leaders of the
meeting
b. persons present at the
meeting
The persons liable are+
1. the founders, directors
and president
. the members
(ire$t A11ault +2>A. Indire$t
A11ault +2>B.
Re1i1tan$e N
Seriou1
(i1o#edien$e
+2?2, "ar2.
Sim"le
(i1o#edie
n$e +2?2,
"ar 6.
There are ways of
committing direct
assault.
a*
without public
uprising, by
employing force
or intimidation
for the
attainment of
the purposes of
rebellion and
sedition
b*
with out public
uprising, by
attacking, by
employing force
or by seriously
intimidating or
be seriously
resisting any
person in
authority or any
of his agents,
while engaged in
the performance
of official duties,
or on the
occasion of such
performance
#ommitted only
when a direct
assault is also
committed
1o force is employed
in resisting or
disobeying
In the
nd
form of
Cirect (ssault, the
offended party is a
person in authority or
his agent
The offended
party is a
person w4o
$ome1 to t4e
aid of a person
in authority or
his agent
The offended party is
a person in authority
or his agent
The
offended
party is a
person in
authority
or his
agent.
The force employed of
the a/ent of a
"er1on in aut4orit5
must be serious. It
need not be serious
when the offended
party is a person in
authority
The person in
authority or his agent
can either be+
a*engaged in the
actual performance of
official duties" or
b* he is assaulted by
reason of the past
performance of official
duties
The person in
authority must be in
the actual
performance of his
official duties
The person
in
authority
must be in
the actual
performan
ce of his
official
duties or
gives a
lawful
order
thereof
The resistance
employed mu1t #e
1eriou1
The resistance here
is not serious
The disobedience The
Per1on in aut4orit5 A/ent of a "er1on in aut4orit5
(ny person directly vested with
.urisdiction, whether as an
individual or as a member of some
court or governmental corporation,
board or commission, shall be
deemed a person in authority
&ne who, by direct provision of law
or by election or by appointment by
competent authority, is charged with
the maintenance of public order and
the protection and security of life and
property, and any person who comes
to the aid of persons in authority
Alarm1 and
S$andal1
+2??.
(i1tur#an$e of
Pu#li$ %rder
+2?8.
,ra!e S$andal
+6CC.
(i1$4ar/e of
*irearm +6?>.
#rime against
-ublic &rder
#rime against
-ublic &rder
#rime against
-ublic Horals
#rime against
-ublic -ersons
The
disturbance
must N%T be
serious in
nature )par.%*
The disturbance
must be serious in
nature
The discharge
of the firearm
should N%T be
aimed at a
person )par.1*
The discharge of
firearm is aimed
at a person but
without intent to
kill
That the highly
scandalous
conduct is N%T
e!pressly falling
with any other
article in the
#ode
(eli!erin/
Per1on1 from
;ail +2?D.
E!a1ion of
Ser!i$e of
Senten$e +2?G.
Conni!in/ wit4
or $on1entin/
to e!a1ion
+668.
E!a1ion
t4rou/4
ne/li/en$e
+66>.
The officer
removes or
helps in the
The offender is
the prisoner
The offender is a
public officer
The offender is a
public officer
escape of a
prisoner
The prisoner
may be a
detention
prisoner or a
prisoner by
final .udgment
The prisoner
must be a
$on!i$t #5 final
;ud/ment
The prisoner may
be a detention
prisoner or a
prisoner by final
.udgment
The prisoner may
be a detention
prisoner or a
prisoner by final
.udgment
The public officer
was in
connivance with
the prisoner
The prisoner
escapes through
the public
officers
negligence
Re$idi!i1m
+Art 2>, "ar
B.
Reitera$ion
+Art 2>, "ar
2C.
Multi-
re$idi!i1m or
&a#itual
(elin9uen$5
+Art D6, "ar ?.
Iua1i-
re$idi!i1m +Art
2DC.
It is enough
that a final
.udgment has
been rendered
in the 1
st
offense
It is necessary
that the offender
shall have served
out his sentence
for the 1
st
offense
The accused
must be found
guilty the $%d
time or oftener of
any of the crimes
specified below
The accused are
yet to serve or
are serving their
sentences at the
time of the
commission of
the crime
3e'uires that
the offenses be
included in the
same title of
the #ode
-revious and
subse'uent
offenses must
not be embraced
in the same title
of the #ode
&nly the crimes
of robbery, theft,
estafa,
falsification and
physical in.uries
are taken into
consideration
-revious and
subse'uent
offenses do not
need to be
embraced in the
same title of the
#ode
Serves to
increase the
penalty into its
ma!imum
Serves to
increase the
penalty into its
ma!imum
(n additional
penalty is also
imposed
-unished by the
ma!imum
penalty
prescribed by law
for the new
felony
1o period of
time between
the former
conviction and
the last
conviction is
fi!ed by law
1o period of time
between the
former conviction
and the last
conviction is
fi!ed by law
&ffender is found
guilty of any of
the crimes
specified within
1G years from his
last release or
last conviction
-eriod of the
commission must
be before serving
out the sentence
or during the
service of such
sentence
&rdinary
mitigating
circumstance
which can be
offset by a
mitigating
circumstance
&rdinary
mitigating
circumstance
which can be
offset by a
mitigating
circumstance
Special
aggravating
circumstance
which $annot be
offset by a
mitigating
circumstance
Special
aggravating
circumstance
which $annot be
offset by a
mitigating
circumstance
Ma<in/, im"ortin/
and utterin/ fal1e
$oin1 +2D8.
Mutilation of $oin1
and im"ortation and
utteran$e of
mutilated $oin1 +2D>.
Sellin/ of fal1e or
mutilated $oin1
wit4out $onni!an$e
+2D?.
The coin uttered
)passed* maybe
currency of a foreign
country or that which
has been withdrawn
from circulation
The coin must be of
/legal tender0 and does
not include foreign
coins
The coin must be /legal
tender0
In case of uttering,
the offender connived
with the
counterfeiters or
importers
There is connivance
with the mutilator or
importer in case of
uttering
There is no
$onni!an$e but there
is knowledge that the
coin is false
*al1ifi$ation of
le/i1lati!e
do$ument1
+2GC.
*al1ifi$ation #5
"u#li$ offi$er,
em"lo5ee or
notar5 or
e$$le1ia1ti$al
mini1ter +2G2.
*al1ifi$ation #5
"ri!ate
indi!idual1 and
u1e of fal1ified
do$ument1 +2G6,
"ar2C
*al1ifi$ation
#5 "ri!ate
indi!idual1
and u1e of
fal1ified
do$ument1
+2G6, "ar6.
The offender is
any person
The offender is a
public officer,
employee or
notary public who
takes advantage
of his official
position )in case
the offender is an
ecclesiastical
minister, the
falsification
affects the civil
status of a
person*
The offender is a
private individual
or a public officer
or employee who
does not take
advantage of his
position
The offender is
any person
&ffender alters a
legislative
document and
such alteration
changes the
meaning of the
document
&ffender falsifies
a public or official
document
&ffender falsifies a
public, official or
commercial
document
&ffender
falsifies a
private
document
Camage or intent
to cause damage is
N%T necessary
The falsification
must cause
damage or at
least there was
an intent to
cause damage
N%TE: If falsification is committed as a means to commit other crimes )e.g.
estafa, theft or malversation* the crimes form a comple! crime.
&%WEVER, this applies only to public, official or commercial documents.
There is no comple! crime when it is a private document because damage or
intent to cause it is an essential element.
U1in/ fi$titiou1
name +2GA, "ar 2.
Con$ealin/ true
name +2GA, "ar6.
E1tafa +.82?,
1u#di!i1ion6, "ara.
9lement of publicity
must be present
9lement of publicity
need not be present
The purpose is to
counsel a crime,
evade an e!ecution
of a .udgment or
cause damaged to
public interest
9lement of publicity
need not be present the
purpose is merely
conceal ones identity
The purpose is to cause
damage
*al1e
te1timon5 in
a $riminal
$a1e a/ain1t
defendant
+2AC.
*al1e
te1timon5 in
a $riminal
$a1e
fa!ora#el to
t4e
defendant
+2A2.
*al1e
te1te1mo
nie1 in
$i!il
$a1e1
+2A6.
*al1e
te1timon
5 in
ot4er
$a1e1
and
"er;ur5
+2A8.
%fferin/ fal1e
te1timon5 in
e!iden$e +2A>.
There is a
criminal
proceeding
There is a
criminal
proceeding
The
testimony
is given in
a civil
case
The
testimony
is under
oath but
N%T in a
.udicial
proceedin
g
There is a
.udicial
proceeding
Cefendant
must be
sentenced at
last to a
correctional
penalty, a
fine or must
ac'uitted
#onviction or
ac'uittal of
the
defendant is
N%T
necessary, it
is sufficient
that the
defendant is
prosecuted
for a felony
&ffender knows
the falsity of the
witness,
presented him
and the latter
testified falsely
WIT&%UT
IN(UCEMENT.
If there is
inducement,
(rts. 1>G Q 1>$
in relation to (rt.
E par. will apply
:nowin/l5
renderin/
un;u1t
;ud/ement
+6C>.
7ud/ment
rendered
t4rou/4
ne/li/en$e
+6C?.
Un;u1t
interlo$utor5
order +6CD.
Mali$iou1 dela5
in t4e
admini1tration of
;u1ti$e +6CG.
&ffender is a
.udge
&ffender is a
.udge
&ffender is a .udge &ffenGder is a
.udge
The
.udgmental is
un.ust and
that .udge
knows that it
is un.ust
The .udgment
is manife1ted
un.ust and due
to his
ine!cusable
negligence or
ignorance
Be knowingly
rendered an un.ust
interlocutory order
or rendered one
manifestly un.ust
through in
e!cusable
negligence of
ignorance
The delay is
caused with
deli#erate with
intent to inflict
damage on either
party
Infrin/ement of
Trademar<1 +2AA.
Unfair $om"etition +2AB.
8imited range, so one who
fails to establish the
e!clusive property right
which is essential to the
validity of a trademark,
may yet obtain relief on
the ground of unfair
competition
2roader and more inclusive
The offended party here
has identified peculiar
15m#ol or mar< with his
goods and thereby has
ac'uired a property right in
such symbol or mark
The offended party has identified in t4e
mind of t4e "u#li$ the goods he
manufactures are deals in from those of
others, whether or not a mark or trade
name is employed, and has a property
manufacturer or dealer and sells the same.
&ffender was the
trademark or trade name
of another manufacturer or
dealer and sells his goods
on which on which the
trademark is affi!ed
&ffender gives his good the general
appearance of the goods of another
manufacturer or cleanser and sells the
same.
(ire$t Bri#er5
+62C.
Indire$t Bri#er5 +622. Anti-,raft and
Corru"t Pra$ti$e1 A$t
+RA 8C2B.
(greement between
the officer and the
giver of the gift or
present
1o agreement
&ffender agrees to
perform or performs
act or refrains from
doing something
because of the gift to
promise
It is not necessary that
the officer should do
any particular act or
even promise to do an
act as it is enough that
he accepts gifts offered
to him by reason of his
office
In par. )a*, it is N%T
re'uired that there is a
re'uesting or receiving
of any gift, present or
benefit. In par. )b*, the
public officer re'uesting
or receiving has to
intervene under the law
in any contract or
transaction between the
government and any
other party.
In par. )c*, the public
officer re'uesting or
receiving is in
connection with
securing or obtaining a
government permit or
license.
;nder the
nd
paragraph of (rt. 1G,
the act e!ecuted
mu1t #e un;u1t
The act here is not
un;u1t
Pro4i#ited
tran1a$tion1
+62?.
Po11e11ion of
"ro4i#ited
intere1t #5 a
"u#li$ offi$er
+62D.
Anti-,raft and
Corru"t
Pra$ti$e1 A$t
+RA 8C2B, "ar /
and 4.
Anti-,raft and
Corru"tion
Pra$ti$e1 A$t
+RA 8C2B, "ar
2.
&ffender is an
appointive
public officer
&ffender is a
public officer
who has an
official duty to
intervene in the
contract or
business
(ny public officer -ublic
appearance who
is a member of a
board, pane or
group which
e!ercises
discretion in the
approval of any
transaction or
act
Be becomes
interested,
directly or
indirectly, or
any transaction
e0$4an/e of
1"e$ulation
Be is directly or
indirectly
interested in any
contract or
business in which
it was his official
duty to intervene
In par. )g* the
pubic officer
enters into (1T
transaction
manifestly and
grossly
disadvantageous
Cirectly or
indirectly
becoming
interested, for
personal again,
or having
material interest
to the
government,
weather or not
the public officer
will profit.
In par. )h*, the
public officer
directly or
indirectly has
financial or
pecuniary interest
in a business,
contract or
transaction which
is prohibited by
the constitutional
any law
in any
transaction or
act re'uiring the
approval of such
board panel or
group.
Mal!er1atio
n of "u#li$
fund1 or
"ro"ert5
+62G.
*ailure of
a$$ounta#
le offi$er
to render
a$$ount1
+62A.
*ailure of a
re1"on1i#le
offi$er to
render
#efore
lea!in/ t4e
$ountr5
+62B.
Ille/al u1e
of "u#li$
fund1 or
"ro"ert5
+66C.
*ailure to
ma<e
deli!er5 of
"u#li$ fund1
or "ro"ert5
+662.
a*
The public
officer
appropriat
es public
funds or
property
b* The public
officer takes
or
misappropriat
e a public
funds of
property
c* The public
officer
consents
or through
abandon
ment or
negligenc
e, permits
any other
person to
take such
The public
officer is
re'uired by
law or
reputation
render
accounts to
the
#ommissio
n on (dult,
or to a
provincial
auditor and
he fails to
do so for a
period of
such
accounts
render
accounts to
the
#ommissio
n on (udit,
or to a
provincial
auditor and
he fails to
The public
officer has
unlawfully
left the
-hilippines
without
securing
from cure
from the
commission
on (udit a
certificate
showing that
his accounts
have finally
settled
without
securing
from
#ommission
on (udit a
certificate
showing that
his accounts
have been
finally
settled.
The public
officer
applied a
public fund
or property
to a public
use other
than that for
which such
has been
approach by
law of
ordinance to
a public use
other than
that to which
such has
been
appropriated
by law or
ordinance
-ublic officer
MALICI%USL
3
*ail
mali$iou1l5
fail1 to
ma<e "lan
payment
when he is
under
obligation
make sure
payment from
government
buy here
refuses to
make delivery
even though
ordered by
competent
authority to
property o
him payment
when he is
under
obligation to
make such
public
funds or
property
d* The public
officer is
other wise
guilty of
the
misapprop
riation or
malversati
on of such
funds or
property.
do so for a
period of
months
after such
accounts
should be
rendered
payment from
government
funds in his
possession, or
the refuses to
make delivery
even though
ordered by
competent
authority to
deliver in his
custody
administratio
n
U1ur"ation of
le/i1lati!e "ower1
+68B.
U1ur"ation of
e0e$uti!e fun$tion1
+6>C.
U1ur"ation off
;udi$ial fun$tion1
+6>2.
&ffender is an
e!ecutive or .udicial
officer
&ffender is a .udge &ffender is an officer of
the e!ecutive branch of
the government
a* makes
general rules or
regulations
beyond the scope
of his authority
b* attem
pts to repeal a
law
c* suspe
nds the e!ecution
thereof
a* assumes a power
pertaining to the
e!ecutive authorities
b* obstructs the
e!ecutive authorities
in the lawful e!ercise
of their powers
a* assumes
.udicial powers
b* obstructs
the e!ecution of any
order or decision
rendered by any
.udge within his
.urisdiction
Parri$ide
+6>D.
(eat4 under
e0$e"tional
Murder
+6>A.
&omi$ide
+6>B.
Infanti$ide
+6??.
Re!elation of 1e$ret1 #5 an
offi$er +66B.
Pu#li$ offi$er re!ealin/ 1e$ret1 of
"ri!ate indi!idual1 +68C.
The secret affects public interest The secret is that of a private individual
and public revelation is N%T re'uired
Camage is caused to public
interest
Camage is N%T necessary
$ir$um1tan$e
1 +6>G.
&ffender is
AN3 person
&ffender is a
legally married
person or a
parent
&ffender is
AN3
person
&ffender is
AN3 person
&ffender is
AN3 person
The
deceased is
the father,
mother, or
child
whether
legitimate
or
illegitimate,
or a
legitimate
other
ascendant
or other
descendant,
or the
legitimate
spouse of
the accused
The deceased
or victim of
serious physical
in.ury is the
spouse or
daughter of the
accused and his
paramour
The
deceased
was killed
with the
presence
of
'ualifying
aggravatin
g
circumstan
ces
The decrease
was killing
without me
attendance of
any of eh
'ualifying
circumstance
s of murder,
parricide or
infanticide
The
decreased is
a child which
was less
than $ days
of age
Intentional
A#ortion
+6?D.
Unintentional
A#ortion +6?G.
A#ortion
"ra$ti$ed #5
t4e woman
4er1elf #5 4er
"arent1 +6?A.
A#ortion
"ra$ti$ed #5 a
"451i$ian or
midwife and
di1"en1in/ of
a#orti!e1 +6?B.
The offender is
N%T the
pregnant
woman
The offender is
N%T the
pregnant woman
The offender
may be
a* a pregnant
woman
b* any of her
parents, with
her consent,
but he
purpose
must be to
conceal her
dishonor
The offender
must be a
physician or
midwife
Intent to
commit
abortion
N% intent to
commit abortion
Intent to commit
abortion
Intent to commit
abortion
5ay of
commission+
a* u
sing
5ay of
commission+
Intentional
violence is
5ay of
commission+
(ny method
5ay of
commission+
The physician or
midwife takes
violence
b* a
cting
without
using
violence,
without the
consent of
the
pregnant
woman
c* a
cting with
the consent
of the
pregnant
woman
e!erted advantage of his
or her scientific
knowledge or
skill
Mutilation
+6D6.
Seriou1
P451i$al
In;urie1 +6D8C
Le11 Seriou1
P451i$al
In;urie1 +6D?.
Sli/4t P451i$al
in;urie1 and
Maltreatment
+6DD.
The mutilation
of organs
necessary for
generation or
any other part
of the body
must be for
t4e "ur"o1e
of depriving
the victim of
the part of his
body
The purpose is to
inflict in.ury
The purpose is to
inflict in.ury
The purpose is to
inflict in.ury
a* Mi
ctim becomes
insane,
imbecile,
impotent or
blind
b* Mi
ctim loses the
use of speech
or the power
to hear or to
smell, or loses
an eye, a
hand, a foot,
an arm, or a
leg, or loses
the use of any
a* Mictim is
incapacitated
for labor for
1G days or
more )but
not more
than $G
days*, or
needs
medical
attendance
for the same
period of
time
b* The physical
in.uries must
not be those
a* Mictim is
incapacitated
for labor from
1 = days, or
re'uired
medical
attendance
during the
same period
b* Mictim was
not prevented
form
engaging in
his habitual
work or did
not re'uire
medical
such
member, or
becomes
incapacitated
for the work
in which he
was therefore
habitually
engaged
c* Mi
ctim becomes
deformed, or
loses any
other
member of
his body, or
loses the use
thereof, or
becomes ill or
incapacitated
for the
performance
of the work in
which he was
habitually
engaged for
more than =G
days
d* Mi
ctim becomes
ill or
incapacitated
for labor for
more than $G
days )but
must not be
more than =G
days
described in
the
preceding
articles
c" ?ualified less
serious
physical
in.uries )1*
there is a
manifest
intent to
insult or
offend the
inured
person" )*
there are
circumstance
adding
ignominy to
the offense"
)$* victim is
the parent,
ascendant,
guardian,
curator or
teacher of
the offender"
)%* offended
party is a
person of
rank or a
person in
authority
provided the
crime is N%T
direct assault
attendance
c* Mictim was ill-
treated by
deed without
causing any
in.ury
P451i$al In;urie1 Attem"ted or *ru1trated
&omi$ide
&ffender inflicts physical in.uries (ttempted homicide may be
committed even without physical
in.uries
&ffender has not intent to kill the
offended party
&ffender has an intent to kill the
offended party
:idna""in/
and Seriou1
Ille/al
Sli/4tl5
Ille/al
(etention
Unlawful
Arre1t +6DB.
:idna""i
n/ and
*ailure
Sla!er5
+6G6.
(etention
+6DG.
+6DA. Return a
Minor
+6GCC
&ffender is a
private
individual
&ffender is a
private
individual
&ffender is
AN3 person
&ffender
is
entrusted
with the
custody of
minor
person
&ffender
is AN3
person
&fficer kidnaps
or detains
another, or in
any manner
deprives the
latter of his
liberty &ffender
kidnaps or
detains
another, or in
any manner
deprives the
latter of his
liberty
&ffender
kidnaps or
detains
another, or in
any manner
deprives the
latter of his
liberty
-urpose of the
offender is to
deliver him to
the proper
authorities
&ffender
deli#erat
el5 fails
to restore
the said
minor to
his
parents or
guardians
The
purpose
is to
enslave
the
victim
The act of
kidnapping is
illegal
The act of
detention or
kidnapping is
illegal
The arrest or
detention is
not authori,ed
by law
circumstances
no reasonable
ground
thereof
The following
circumstance
are present+
a* it lasts for
more than $
days
b* It is
committed
simulating
public
authority
c* (ny serious
physical
in.uries are
inflicted
upon the
victim or
threats to
kill him are
made
The
circumstances
in kidnapping
and serious
illegal
detention is not
present
d* Mictim is a
minor,
female, or a
public
officer
Sla!er5 +6G6. W4ite Sla!er5 +8>2.
#rime against -ersonal 8iberty and
Security
#rime (gainst #hastity
&ffender purchases, sells, kidnaps
or detains a human being
&ffender either engages in the
business of prostitution, profits by it,
or enlists the series of women
-urpose is to enslave -urpose is for prostitution
A#andonin/ a minor +6GD. A#andonin/ a minor #5 a "er1on
entru1ted wit4 4i1 $u1tod5@
Indifferen$e of "arent1 +6GG.
#ustody of the offender is stated in
general
#ustody of the offender is specific,
that is the custody for rearing or
education of the minor
Hinor is under E years of age Hinor is under 1 years of age
Hinor is abandoned in such a way
as to deprive him of the care and
protection that his tender years
need
Hinor is delivered to a public
institution or other person
,ra!e T4reat1 +6A6. Li/4t T4reat1 +6A8. %t4er Li/4t T4reat1
+6A?.
Threatening another
with infliction upon his
person, honor, or
properly or that of his
family of any wrong
&ffender makes a
threat to commit a
wrong
Such wrong amounts
to a crime
The wrong doe1 not
constitute a crime
Threats under par. $ here is
similar to light threats
because the harm
threatened to be
committed is N%T a crime.
2ut the difference is that
here, there is no demand,
for money or no condition
is imposed or the threat is
not deliberate
(cts+
a* a
demand for money
and any condition
is imposed even
though not
unlawful and the
offender attains
his purpose
b* the
offender does not
attain his purpose
c" the
threat is not
sub.ect to a
condition but it
must be
deli#erate
(cts+
a* a
demand for money
and any other
condition is
imposed even
though not
unlawful and the
offender attains his
purpose
b* the
offender does not
be sub.ect to a
condition
Threats under par. here is
the same as the $
rd
form of
grave threats because the
harm to be committed is a
crime. But it 14ould #e
made in t4e 4eat of
an/er
Iualified tre1"a11 to dwellin/
+6AC.
%t4er form1 of tre1"a11 +6A2.
&ffender is a private person &ffender is AN3 person
&ffender enters a dwelling house &ffender enters closed premises or
fenced estate
-lace entered is inhabited -lace entered is uninhabited
The act constituting the crime is
entering the dwelling against the
will of the owner
The act is entering the closed
premises or the fenced estate
without securing the permission of
the owner or caretaker thereof
-rohibition to enter is e!press or
implied
-rohibition to enter mu1t #e
manifest
,ra!e
Coer$ion
+6AD.
Li/4t
Coer$ion
+6AG.
%t4er
1imilar
$oer$ion
+6AA, "ar2.
%t4er
1imilar
$oer$ion
+6AA, "ar
6C
Coer$ion
affe$tin/
la#or
$a"ital
+6AB.
&ffender is
any person
that restrains
the will and
liberty of
another and
who has no
authority or
the right to
do so
&ffender is
a creditor
who sei,es
anything
belonging
to his
debtor
&ffender is
any person,
agent or
officer of any
association or
corporation
which has
employed
employees
&ffender
pays the
wages due
an employee
by means of
tokens or
ob.ects other
than legal
tender
&ffender is
AN3 person
&ffender
prevented
another from
doing
something
not prohibited
by law or that
he compelled
him to do
something
against his
will be it right
or wrong
&ffender
forces or
compels,
directly or
indirectly, or
knowingly
permits to be
forced or
compelled
any
employee to
purchase
merchandise
of any kind
from the
The
employee or
laborer doe1
not
e0"re11l5
re'uest than
the paid by
means of
tokens or
ob.ects
&ffender
employs
violence or
threats in
such a
degree as to
compel or
force the
laborers or
employers in
the free and
legal
e!ercise of
their industry
or work
corporation
The
prevention or
compulsion
be effected
by violence,
threats or
intimidation
The sei,ure
of the thing
be
accomplish
ed by
means of
violence or
a display of
material
force
producing
intimidatio
n
-urpose of
the
offender is
to apply
the same
to the
payment of
the debt
-urpose is to
organi,e,
maintain or
prevent
coalitions of
capital or
labor, strike
of laborers or
lockout of
employers
,ra!e
Coer$ion
+6AD.
Ille/al
(etention
+6DG.
Maltreatment of
Pri1oner1 +68?.
E0e$ution of
(eed1 #5 mean1
of
Violen$e or
Intimidation
+6BA.
&ffender
may have
any other
purpose
The purpose of
the offender is
clear and it is
deprivation of
liberty
The offender is a
public officer who
must have actual
charge of the
prisoner
&ffender has an
intent to defraud
another
&ffended is
AN3 person
&ffended party is
a prisoner
&ffended party is
N%T under
obligation to sign,
e!ecute or deliver
the document
under the law, but
the offender
makes him
thorough violence
or intimidation
(i1$o!erin/ 1e$ret1
t4rou/4 1eiLure of
$orre1"onden$e +6BC.
Re!ealin/
1e$ret1 wit4
a#u1e of
$onfiden$e
+6B2.
Re!ealin/ of indu1trial
1e$ret1 +6B6.
&ffender is a private &ffender is a &ffender is a person in-
individual or even a public
officer N%T in the e!ercise
of his official function
manager,
employee or
servant
charge employee or
workman of a
manufacturing or
industrial establishment
&ffender sei,es the papers
or letters of another for
the purpose of discovering
the secrets of such person
&ffender learns
the secrets of his
principal or
master in such a
capacity
&ffender is informed of the
contents of the papers or
letters signed
&ffender reveals
such secrets
&ffender reveals a
1e$ret of t4e indu1tr5
and "re;udi$e is caused
to the owner
Ro##er5 +6B>-8C?. T4eft +8CA-822.
Taking of personal property belonging to another
with intent to gain by means of+
Taking of personal
property belonging to
another with intent to
gain and wit4out t4e
latterH1 $on1ent
Violen$e a/ain1t
or intimidation of
"er1on1
*or$e u"on t4in/1
If this is employed, the
taking of personal
property belonging to
another is always
robbery
The taking is robbery
%NL3 if the force is
used either to enter the
building or to break
doors, wardrobes,
chests, or any other
kind of locked or sealed
furniture or receptacle
inside the building or to
force them open
outside after taking the
same from the building
Malue of the property
taken is immaterial
Malue of the property
taken is considered
Ro##er5 +6B> J 8C?. (i1tin/ui14ed from ot4er $rime1
Wit4 &omi$ide +6B>.+ Intent to
gain is the main purpose
&omi$ide +6>B.+ To kill is the main
purpose
T4ru Intimidation +6B>.+
a* There is
intimidation and the purpose
is to obtain gain
b* Intimidation is
actual and immediate
c* Intimidation is
personal
T4reat1 to e0tort mone5 +6A6.+
a* There is intimidation
and the purpose is to obtain gain
b" Intimidation is
conditional or future, that is, N%T
immediate
c* Intimidation may be
d* Intimidation is
directed only to the person of
the victim
e* 4ain of the culprit
is immediate
made through an intermediary
d* Intimidation may refer
to any person, honor or property
of the offended party or that of his
family
e" 4ain of the culprit is
N%T intent to gain
Wit4 Violen$e+6B>.+
a* There is violence
used by the offender
b* There is intent to
gain
,ra!e Coer$ion +6AC.+
a* There is violence used
by the offender
b" There is N% intent to
gain
Ro##er5 +6B> J 8C?. Bri#er5 +62C.
5hen the victim did not commit a
crime and he is intimidated with
arrest andJor prosecution to
deprive him of his personal liberty
5hen the victim has committed a
crime and gives money or gifts to
avoid arrest or prosecution
Mictim is deprived of his money or
property by force or intimidation
Mictim pats with his money or
property /voluntarily0
Ro##er5 wit4 for$e u"on t4in/1
+6BB J 8C?.
T4eft +8CA J 822.
If a false key is used to enter a
building, it is robbery
If the false key or picklock was used
to open a door in1ide the building,
then it is only theft. 2ut if the room
opened is a separate dwelling place,
it may give rise to robbery
It is robbery when a wardrobe,
locked receptacle or drawer is
broken to get a property inside
If a false key is used to open a
wardrobe, locked receptacle or
drawer, it is merely theft.
Ro##er5 wit4 for$e
u"on t4in/1 +6BB J
8C?.
E1tafa +82?. T4eft +8CA J 822.
The locked or sealed
receptacle is forced
open in the building
where it is kept or
taken therefrom to be
broken outside
( person opens by
force certain locked
receptacle w4i$4 4a1
#een $onfided into
4i1 $u1tod5 and takes
the money contained
therein.
( locked receptacle is
found on the side
street and forcibly
opened and the
contents thereof taken
&ffender takes the
locked receptacle
without the owners
consent with force
upon things
&ffender receives the
thing from the
offended party
&ffender takes the
locked receptacle
without the owners
consent
%$$u"ation of real "ro"ert5
or u1ur"ation of real ri/4t1
and "ro"ert5 +826.
T4eft or Ro##er5
There is occupation or
usurpation
There is taking or asportation
3eal property or real right is
involved
-ersonal property is involved
EB5 mean1 of
fireF
EB5 mean1 of
e0"lo1ionF
EB5 mean1 of
derailment of a
lo$omoti!eF
EB5
mean1 of
"oi1onF
5hen the
crime is Ar1on
)$G and -C
D1$ as
amended by
3( ED6=*, this
is not an
aggravating
circumstance,
since it is
inherent in the
crime
5hen a person uses
a hand grenade to
create an e!plosion,
the crime is one
that involves
destruction )$%*
5hen property is
damaged as a result of
the derailment of a
locomotive, the crime
committed is damage to
means of
communication )$$G*
5hen
something is
set on fire for
the purpose of
killing another,
this becomes a
9ualif5in/
a//ra!atin/
$ir$um1tan$e
in accordance
with (rt. %>,
par. $
5hen an e!plosion
is used for the
purpose of killing
another person, this
becomes a
9ualif5in/
a//ra!atin/
$ir$um1tan$e in
accordance with
(rt. %> par. $
5hen derailment of a
locomotive is used for
the purpose of killing
another person, this
becomes a 9ualif5in/
a//ra!atin/
$ir$um1tan$e in
accordance with (rt.
%>, par. $
5hen
poison is
used for
the
purpose of
killing
another
person, this
becomes a
9ualif5in/
a//ra!ati
n/
$ir$um1ta
n$e in
accordance
with (rt.
%>, par. $
5hen the
crime
committed is
(rson, and
someone is
killed in the
process, but
there was not
intent to kill,
this is still not
considered an
aggravating
circumstance,
but the penalty
would be
reclusion
perpetua to
death in
accordance
with -C 1D1$
5hen the crime
committed is one
involving
destruction, and
someone is killed in
the process, but
there was no intent
to kill, the crime is
still destruction and
this circumstance is
inherent in that
offense. Bowever,
the penalty would
be death
5hen the crime
committed is one
involving derailment of a
locomotive, and
someone is killed in the
process, but there was
no intent to kill, there is
a comple! crime of
damage to means of
communication with
homicide )or murder*
5hen someone
is killed, and
then the house
is set on fire,
there are two
1e"arate
$rime1 of
arson and
murder )or
homicide*
5hen someone is
killed, and then an
e!plosion is done,
there are two
1e"arate $rime1
of destruction and
murder )or
homicide*
5hen someone is killed,
and derailment of a
locomotive is done after
the killing, there are
two 1e"arate $rime1
of derailment of
locomotive and murder
)or homicide*
This becomes
an aggravating
circumstance
%NL3 when
there is
another
This becomes an
aggravating
circumstance %NL3
when there is
another
aggravating
This becomes an
aggravating
circumstance %NL3
when there is another
aggravating
circumstance which
This
becomes
an
aggravatin
g
circumstan
E1tafa #e mean1 of de$eit
+82?, 1u#di!i1ion 6 N 8.
Mal!er1ation +62G.
@unds or property are always
private
;sually public funds or property
&ffender is a private individual
or public officer who is not
accountable for public funds or
property
&ffender is usually a public officer
who is accountable for public funds
or property
#ommitted by
misappropriating, converting or
denying having received
money, goods or other personal
property
#ommitted by appropriating, taking
or misappropriating or consenting, or
through abandonment or negligence,
permitting any other person to take
the public funds or property
E1tafa #e mean1 of de$eit
+82?, 1u#di!i1ion 6 N 8.
BP 66
&ffender postdated a check, or
issued one in payment or an
obligation.
Here act of issuing a check is
punished not the non-payment of an
obligation
It cant apply to guarantees Hay apply to a guarantee
Camage or pre.udice is caused Camage is N%T an essential element
E1tafa #5 remo!in/,
$on$ealin/, or de1tro5in/,
in w4ole or in "art, an5
$ourt re$ord, offi$e file1,
do$ument1 or an5 ot4er
"a"er1 +82?, No 8 +$..
Infidelit5 in t4e $u1tod5 of
do$ument1 +66D.
&ffender is a private individual
or even a public officer who is
not offi$iall5 entru1ted with
the documents
&ffender is a public officer who is
officially entrusted with the
documents
There is an intent to defraud Intent to defraud is N%T necessary
Adulter5 +888. Con$u#ina/e +88>.
&ffender is a married woman &ffender is a married man
A$t1 of
La1$i!iou1
ne11 +88D.
Ra"e +6DD
J A.
Un;u1t
Ve0ation
+6AG, "ar
6C
A$t1 of
La1$i!iou1n
e11 wit4 t4e
$on1ent of
t4e
offended
"art5
Iualified
or Sim"le
1edu$tion
+8GG N
88A.
(cts of the
offender do
not clearly
indicate
that he
wants to lie
with the
offended
woman
(cts
performed
by the
offender
$learl5
indi$ate
that his
purpose
was to lie
with the
offended
woman
There are
N% acts of
lasciviousne
ss
(cts of the
offender do
not clearly
indicate that
he wants to
lie with the
offended
woman
8ascivious
acts are
themselves
the final
ob.ective of
the offender
8ascivious
acts are
but the
preparatory
acts to the
commission
of rape
8ascivious
acts are
themselves
the final
ob.ective of
the offender
The acts are
committed
under
circumstanc
es which
had there
been carnal
knowledge,
would
amount to
ra"e
The acts are
committed
under
circumstance
s which had
there been
carnal
knowledge,
would
amount to
eit4er
9ualified or
1im"le
1edu$tion.
#onsent is
present but
there must
be either
abuse of
confidence,
of authority,
relationship
or deceit
In 'ualified
seduction,
there abuse
of
confidence,
of authority
or
relationship
. In simple
seduction
there must
be deceit
There is not
se!ual
There is no
se!ual
There is
se!ual
intercourse intercourse intercourse
*or$i#le
A#du$tio
n +8>6.
,ra!e
Coer$ion
+6AD.
Corru"tion
of Minor1
+8>C.
A$t1 of
La1$i!iou1ne
11 +88D.
Con1ented
A#du$tion
+8>8.
&ffended
party
must be a
woman
&ffended
party be
AN3 person
&ffended
party must
be a minor
&ffended
party maybe
AN3 person
&ffended
party must
be over 1
and under
1> years of
age and was
taken away
with her
consent
after
solicitation
or ca.olery
from the
offender
There is
an
element
of lewd
designs
There is N%
lewd design
There is N%
lewd design
There is an
element of
lewd designs
There is an
element of
lewd designs
It is
enough
that
libidinous
designs
may e!ist,
actual
commissio
n of acts
of
lascivious
ness is
N%T
necessary
8echerous
acts must
have
a$tuall5
been
committed
Bi/am5
+8>B.
Marria/e
$ontra$ted a/ain1t
"ro!i1ion1 of law1
+8?C.
Premature
marria/e1 +8?2.
Adulter5
or
Con$u#ina
/e +888 or
88>.
That a legally
married
offender
contracts a
subse'uent
marriage
which has all
the essential
That the offender
knew at the time of
marriage that
re'uisites of the law
were not complied
with or the marriage
was in disregard of a
legal impediment
The offender may
either be+
a* a
woman who
married within
$G1 days from
the date of the
re'uisites for
validity when
the 1
st
marriage has
not been
legally
dissolved or
in case of an
absent
spouse, such
spouse could
not yet be
presumed
dead
death of her
husband, or
before having
delivered is
she is
pregnant at
the time of his
death
b* a
woman who,
her marriage
having
annulled or
dissolved,
married before
her delivery or
before the
e!piration of
the period of
$G1 days after
the date of the
legal
separation
#rime against
civil status of
persons
#rime against civil
status of persons
#rime against civil
status of persons
#rime
against
#hastity,
1o it i1 a
di1tin$t
offen1e
Li#el +8?8. Slander +8?A.
( public and malicious
imputation of a crime, or of a
vice or defect, real or
imaginary, or any act, omission,
condition, status, or
circumstance tending to cause
the dishonor, discredit, or
contempt of a natural or
.uridical person, or to blacken
the memory of one who is dead
&ral defamation
Slander
#5 deed
+8?B.
Maltreatment
+6DD, "ar 8C.
Un;u1t
Ve0ation +6AG,
"ar 6.
A$t1 of
La1$i!iou1ne11
+88DC
The
offended
party
suffered
from
shame or
1o dishonor was
caused
humiliation
cause by
the
maltreatme
nt
In addition
to irritation
or
annoyance,
there is
attendant
publicity
and
dishonor or
contempt
(nything that
annoys or
irritates another
without
.ustification
In addition to
irritation or
annoyance, there
was lewd designs
done by using
force or
intimidation, or
when the
offended party is
deprived of
reason or
otherwise
unconscious or
when the
offended party is
another person of
either se!.